Monitoring of the Federal Legislation dated 26.03.2003

Decision of the Federal Commission for Securities Market No. 03-8/ps of February 7, 2003 on the Endorsement of the Regulation on the Procedure of Checking of Actions of Persons Containing the Sings of Price Manipulation at Securities Market

Defines the procedure of checking by the Federal Commission for Securities Market of the facts permitting to suggest the presence in the actions of persons of the sings of manipulation of prices for publicly placed or publicly circulated types of emission securities, as well as obligatory, in the course of the checks, actions of issuers, professional participants of securities market and other persons.
The grounds for initiating a check may be the reports, other submitted information, received information, complaints, applications and appeals of natural persons and legal entities and other sources.
The Decision lists information to be submitted on the obligatory basis to the Federal Commission for Securities Market by organisers of trade in continuous regime.
The duration of the checks may not be greater than six months. In complicated cases, the time of the check may be prolonged for two moths in addition.
Registered in the Ministry of Justice of the Russian Federation on March 24, 2003. Reg. No. 4313.

Order of the Russian Patent Agency No. 29 of March 3, 2003 on the Rules of Taking the Decision on the Early Revocation of the Certificate for the Right of Use of the Name of the Place of Origin of the Commodity at Liquidation of the Legal Entity Holding the Certificate

Sets forth the procedure of taking the decision on the early revocation of the certificate for the right of use of the name of the place of origin of the commodity at the liquidation of the legal entity holding the certificate for the right of use of the name of the place of origin of the commodity. The decision is taken on the basis of the application drawn up according to the attached form that may be submitted by the interested party.
Registered in the Ministry of Justice of the Russian Federation on March 24, 2003. Reg. No. 4312.

Order of the State Customs Committee of the Russian Federation and the Ministry of Defence of the Russian Federation No. 171/56 of February 19, 2003 on the Interaction of the State Customs Committee of the Russian Federation and the Ministry of Defence of the Russian Federation in Issues of Training and Retraining of the Pilots and Engineering Staff, Deployment, Operation and Servicing of the Air Vessels of the Customs Bodies

The crews of the air vessels of the Armed Forces of the Russian Federation are permitted in cases of temporary absence of the flight crews of the customs bodies (leaves, illness, etc.) to fly air vessels of the State Customs Committee of the Russian Federation in the interests of the customs bodies within the territory of the Russian Federation to requests of the chiefs of the regional customs departments (customs offices) endorsed by the chiefs of staffs of divisions, to fly air vessels of the military district (fleet).
Registered in the Ministry of Justice of the Russian Federation on March 24, 2003. Reg. No. 4311.

Order of the Russian Patent Agency No. 28 of March 3, 2003 on the Rules of Taking the Decision on the Early Termination of the Legal Protection of the Trade Mark and Service Mark in Cases of Liquidation of the Legal Entity Holding the Exclusive Right for the Trade Mark or Termination of Entrepreneurial Activities of the Natural Persons Holding the Exclusive Right for the Trade Mark

Sets forth the procedure of taking the decision on the early termination of the legal protection of the trade mark in cases of liquidation of the legal entity holding the exclusive right for the trade mark or termination of entrepreneurial activities of the natural persons possessing the right. The decision is taken on the basis of the application drawn up according to the attached form that may be submitted by the interested person.
Registered in the Ministry of Justice of the Russian Federation on March 21, 2003. Reg. No. 4302.

Order of the Russian Patent Agency No. 27 of March 3, 2003 on the Rules of Prolongation of the Registration of the Trade Mark and Service Mark and Amending It

Effective period of registration of the trade mark may be prolonged to the application of the holder of the exclusive right for the trade mark each time for ten years. The application drawn up according to the attached form must be submitted in the last year of the period of registration. The application must have attached the document of the payment of the duty.
The Order also specifies the procedure of amending the registration of the trade mark and isolation of a separate registration.
Registered in the Ministry of Justice of the Russian Federation on March 21, 2003. Reg. No. 4301.

Direction of the Central Bank of Russia No. 1253-U of February 25, 2003 on the Amendments to the Instruction of the Bank of Russia No. 96-I of December 28, 2000 on the Special, Type S Accounts of Non-Residents

Type S account now includes two new sections: "Securities Blocked for Subsequent Transfer to the Main Section of the Custody Account" and "State Securities Blocked for Subsequent Transfer of the Receipts from Their Sale (Redemption) to the Special, Type S Account of the Non-Resident".
The Direction specifies that from type S account, securities of non-residents may be transferred to type S account used to register securities of another non-resident opened in the same or another authorised bank, except for the short term state bonds and the bonds of the federal loans, as well as according to the special procedure specified for the transfer of corporate bonds and stocks, as well as the bonds of the subjects of the Russian Federation.
The Direction is entered into force 10 days after the day of its publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on March 21, 2003. Reg. No. 4297.

Order of the Ministry of Defence of the Russian Federation No. 460 of November 28, 2002 on the Endorsement of the Federal Aviation Rules of State Registration of State Air Vessels

Sets forth the common procedure of state registration of state air vessels and their registration in the State Register of State Air Vessels of the Russian Federation.
State registration applies to all state home-made and foreign-made air vessels intended for flights. The state registration does not apply to meteorological sounding balloons. Unmanned flying vehicles and tethered balloons must be registered according to their numbers. The rules are obligatory for all federal bodies of executive power and organisations possessing divisions of state aviation.
Registered in the Ministry of Justice of the Russian Federation on March 20, 2003. Reg. No. 4293.

Order of the Ministry of Emergency Situations of the Russian Federation No. 105 of February 28, 2003 on the Endorsement of the Requirements for Prevention of Emergency Situations at Potentially Hazardous Objects and Life Support Objects

The requirements envisage a complex of measures to reduce the risk of emergency situations of technical nature at potentially hazardous objects using, producing, processing, storing and transporting flammable and explosive, hazardous chemical and biological substances and objects providing life support to the population (objects of water supply and sewage, waste water purification, heat and electric power supplies, hydrotechnical structures)
Potentially hazardous objects are divided according to the hazard level depending on the scale of occurring emergency situations into five classes.
Registered in the Ministry of Justice of the Russian Federation on March 20, 2003. Reg. No. 4291.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 71 of March 17, 2003 "Review of the Practice of Resolving by Arbitration Courts of Cases Pertaining to Application of Individual Provisions of Part 1 of the Tax Code of the Russian Federation"

The review reflects the issues pertaining to revealed facts of interdependence of persons when considering the reasons of decisions on the additionally accrued taxes and penalties, tax checks, submission of tax declarations, calculation of limitation periods, applied sanctions and other.
The Letter explains that the demand of the tax body to collect the debts in taxes, penalties and fines of the organisation being a dependent (branch) company (enterprise) may apply to a commercial organisation only.
If the deals are revealed when the prices are more than 20% different from the level used by the taxpayer for similar commodities (works, services) within a short period of time, additionally accrued tax for the deals may not be based on the average selling price.
The Letter explains that the taxpayer must present tax declarations within time limits specified by the law regardless of the results of estimation of the amounts of taxes due for payment for these or those tax periods.
The failure to inform the tax body in proper time of the changes in the constituent documents implies collection of a fine from the respective organisation in the single amount.
The Letter also states that the grounds to apply sanctions specified in Item 2 of Article 132 of the Tax Code of the Russian Federation to a bank may only be the failure to report to the tax body information on the opening (closing) of an account by the taxpayer. Sanctions specified in the mentioned Article do not apply for the failure to report the mentioned information in proper time.

Letter of the Ministry of Taxation of the Russian Federation No. VG-6-03/337@ of March 24, 2003 on the Procedure of Calculation of the Value Added Tax by Persons Enjoying Tax Exemptions When Switching Over to the Simplified System of Taxation

VAT payers enjoying tax exemptions under Article 145 of the Tax Code of the Russian Federation do not restore VAT amounts in the period when they used the right for exemptions before expiry of the 12 months from the beginning of the exemption period when they switch over to the simplified system of taxation.