Monitoring of the Federal Legislation dated 28.03.2003

Federal Law No. 39-FZ of March 26, 2003 on the Amendments to the Federal Law on Natural Monopolies

The list of spheres of activities qualified as pertaining to natural monopolies now includes services in transfer of electric and thermal power, as well as in operative management in electric power industry.
The Law specifies the duty to grant access to the commodity market of natural monopolies and production (sale) terms of commodities (works, services) of natural monopolies on non-discriminatory basis according to the requirements of the antimonopoly legislation.

Federal Law No. 38-FZ of March 26, 2003 on the Amendments to the Federal Law on the State Regulation of Tariff Rates for Electric and Thermal Power in the Russian Federation

Envisages expansion of application of free (market) prices in electric power industry and restriction of the sphere of state regulation of prices (tariff rates) to only those spheres of activities where competition is not available.
The Government of the Russian Federation is empowered with exclusive authority to adopt normative legal acts specifying the pricing fundamentals for the electric and thermal power and procedure of state regulation and application of tariff rates for electric and thermal power. The Law also defines the authority of the bodies of executive power of the subjects of the Russian Federation in the sphere of state regulation of tariff rates.
If otherwise is not specifies in the agreement between the parties, the payment for the electric power is made by consumers before the 15th of the current month.
The Federal Law is entered into force from the day of its official publication and preserves its force until the day of entry into force of the Federal Law on electric power industry in full amount.

Federal Law No. 37-FZ of March 26, 2003 on the Amendments to Part 2 of the Civil Code of the Russian Federation

The amendments are aimed at regulation of the relations between the power supply organisation and the consumer of electric power (user) in cases when the user is connected to the networks other than those possessed by the power supply organisation.
In particular, relations in power supplies of legal entity users are subject to the main principle of executing obligations specified in Article 309 of the Civil Code of the Russian Federation. Earlier, the wording of Item 2 and Item 3 of Article 546 of the Civil Code of the Russian Federation restricted the right of the power supply organisation to stop or restrict power supplies without coordinating it with the legal entity user if there was a significant violation of the power supply contract on the part of the latter.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 36-FZ of March 26, 2003 on the Particulars of Work of Electric Power Industry in the Transient Period and on the Amendments to Some of the Legislative Acts of the Russian Federation and Invalidation of Some of the Legislative Acts of the Russian Federation Pursuant the Adoption of the Federal Law on Electric Power Industry

Provides for the legal regulation of the stepwise entering into force of the Law of the Russian Federation on electric power industry.
Also defines the procedure of state control over the decisions on the reorganisation, procedure of distribution of the stocks of the Russian open-type joint-stock company of power supplies and electrification The Uniform Power Supply System of Russia and other subjects of natural monopolies.
Defines the authority of the Government of the Russian Federation during the transient period of the reformation of the electric power industry.
From January 1, 2005, combining the activities in the transfer of electric power and operative management in electric power supplies with activities in production and sale-and-purchase of electric power is prohibited to legal entities and independent entrepreneurs, and from the date of the end of the transient period of the reformation of electric power industry, to groups of persons and affiliated persons within the boundaries of the same pricing zone of the wholesale market.
From the date of the end of the transient period, any organisations (except for those guaranteeing suppliers of electric power and organisations prohibited from participation in relations pertaining to circulation of electric power) engaged in activities as power supply organisations shall sell electric power to consumers at free prices after getting the license for the mentioned type of activities.
The Federal Law is entered into force from the day of its official publication, except for the provision on the inclusion of the sale of electric power to citizens in the list of the licensed types of activities entered into force from January 1, 2004.

Decree of the President of the Russian Federation No. 311 of March 11, 2003 on the State Committee of the Russian Federation for the Defence Order of the Ministry of Defence of the Russian Federation

Forms the State Committee of the Russian Federation for the Defence Order of the Ministry of Defence of the Russian Federation providing for the uniform state policy in the sphere of development, production, unification and standardisation of general purpose armaments and military equipment.
The Decree is entered into force from the day of its signing.

Order of the State Customs Committee of the Russian Federation No. 202 of March 3, 2003 on the Delivery under the Customs Control of Commodities Moved by Belarus Carriers

Lists the places of delivery where the customs bodies must direct all commodities imported under TIR procedure by Belarus carriers to recipients in Moscow and the Moscow Province.
The mentioned provision does not apply to commodities of individual categories specified in the normative legal acts of the State Customs Committee of the Russian Federation as destined for other places of delivery and customs registration.
Registered in the Ministry of Justice of the Russian Federation on March 26, 2003. Reg. No. 4327.

Order of the Russian Patent Agency No. 25 of February 25, 2003 on the Rules of Drawing Up, Submission and Consideration of the Request for the Official Registration of the Computer Program and the Request for the Official Registration of the Database

The request for the registration must contain application for the official registration, deposited materials identifying the computer program or the database, including the abstract, as well as the document confirming the payment of the registration fee or the grounds to exempt from it or reduce it.
The Order specifies the proceedings for the request, as well as the procedure of introduction of additions, amendments and corrections to the documents of the registration request.
Registered in the Ministry of Justice of the Russian Federation on March 20, 2003. Reg. No. 4294.

Direction of the Central Bank of Russia No. 1254-U of February 25, 2003 on the Invalidation of Individual Normative Acts of the Bank of Russia

Pursuant to the entering into force of the Direction of the Central Bank of Russia No. 1253-U of February 25, 2003 invalidates Directions of the Central Bank of Russia No. 520-U of March 23, 1999 and No. 987-U of June 27, 2001 pertaining to transfers by banks of the monetary resources of non-residents from type S (investment) accounts to type S (conversion) accounts.
Also invalidates Directions No. 1139-U of April 16, 2002 and No. 1155-U of June 3, 2002 pertaining to transfers of securities registered on the special, type S accounts of non-residents.
The Direction is entered into force 10 days after the day of its publication in the Herald of the Bank of Russia.

Letter of the Central Bank of Russia No. 42-T of March 24, 2003 on the Tax from the Owners of Transport Vehicles

Explains the procedure of application of the rates of calculation of the tax from the owners of transport vehicles for the year 2002 adjusted pursuant to the adoption of the Rulings of the Constitutional Court of the Russian Federation No. 104-O and 107-O of April 10, 2002.
When calculating the tax from the owners of transport vehicles from April 10, 2002, one should apply the rates calculated as a product of the tax rates specified in Item 1 of Article 6 of the Law of the Russian Federation on the highway funds in the Russian Federation and factor 0.001.
In case of overpaid amounts of the mentioned tax for the year 2002, territorial institutions and organisations of the Bank of Russia should apply before May 1, 2003 to the tax bodies to offset (return) the overpaid tax and present the adjusted tax declarations for the year 2002.

Letter of the Central Bank of Russia No. 41-T of March 21, 2003 on the Application of Item 2 of the Direction of the Bank of Russia No. 1103-U of January 28, 2002 on the Invalidation of the Direction of the Bank of Russia No. 810-U of June 29, 2000 on the Recording in Taxation of the Amount of the Reserve for Possible Losses in Loans Formed by Credit Organisations to the Requirements of the Instruction of the Bank of Russia No. 62a of June 30, 1997 on the Procedure of Building and Use of the Reserve for Possible Losses in Loans and on the Fixing of Particulars of Building of the Reserves Pursuant to the Adopted Changes to the Tax Legislation

Credit organisations should be guided by Article 292 of the Tax Code of the Russian Federation in the wording as of the moment of determination of the taxable base when determining the taxable base inasmuch as it qualifies as expenses deductions to the reserve for possible losses in loans, in loan and similar debts.