Monitoring of the Federal Legislation dated 8.05.2003

Federal Law No. 52-FZ of May 6, 2003 on the Amendments to the Law of the Russian Federation on the Fundamentals of the Federal Housing Policy and Other Legislative Acts of the Russian Federation Pertaining to the Improvement of the System of Payment for the Housing and Communal Services

The Law is extended to include a number of new definitions corresponding to the changes introduced in the housing and communal sphere in compliance with the endorsed subprogram "Reformation and Modernisation of the Housing and Communal Complex of the Russian Federation" of the federal target program "Housing" for the years 2002-2010.
The Law introduces clear delimitation in issues of regulation of payment for the housing and communal services between the federal level, subjects of the Russian Federation and municipal formations, defines in detail the structure and amount of payment for the housing, including additional space, as well as the time and procedure of switching over to the new system of payment for the housing and the communal services.
The Law envisages improvement of the system of benefits in the payment for the housing and communal services. The majority of the categories of recipients of the benefits preserve their fixed benefits and their amount. Simultaneously, a uniform procedure is introduced to reimburse the expenses of the enterprises of the housing and communal complex to provide the mentioned benefits reimbursed from the federal budget through subventions granted to the budgets of the subjects of the Russian Federation according to the actually suffered expenses. The mentioned provision does not apply to the benefits provided under the Federal Law on the veterans. The source of the mentioned benefits are the budgets of the subjects of the Russian Federation. The bodies of legislative power of the subjects of the Russian Federation are entitled to fix the amount of the benefits in the payment for the housing and communal services for the labour veterans, thus amending the Federal Law on the veterans. The Law invalidates the acts p roviding benefits in the payment for the housing and communal services to individual categories of citizens. The benefits to the mentioned categories of citizens are replaced with the subsidy of equal value.
The Law also defines the rules of replacement of the housing space when the social norm is exceeded and the procedure of eviction of the tenant and members of his family from the occupied housing space in cases of failure to pay for the housing and communal services. Thus, the amount of the penalties in cases of delayed payment for the housing and communal services by the citizen may not be greater than 1/300 of the rate of refinancing of the Bank of Russia as of the moment of payment from the unpaid amounts for each overdue day beginning with the following day after the specified time of payment to the day of actual payment inclusive.
The Law omits the provision of payment for the housing and communal services in the amount of half of the minimum amount of labour remuneration to citizens with incomes below the cost of living in the subject of the Russian Federation.
The Federal Law is entered into force from the day of its official publication with exceptions.

Federal Law No. 51-FZ of May 6, 2003 on the Amendments to Articles 214.1 and 219 of Part 2 of the Tax Code of the Russian Federation

In taxation of the incomes of natural persons in operations of purchase and sale of securities, the documentally confirmed expenses of the purchase of these securities are the amounts used for calculation and payment of the tax when buying the given securities.
Besides, the right for the social exemption for the amounts paid out by the parent taxpayer for the education of his children also applies to trustee taxpayers paying for the education of their wards up to 18 years of age.
The Federal Law is entered into force one month after the day of its official publication. The Law applies to legal relations emerging form January 1, 2003.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-21/203 of April 21, 2003 on the Amendments to the Instruction of the State Tax Service of Russia No. 33 of June 8, 1995 on the Procedure of Calculation and Payment to the Budget of the Property Tax from Enterprises

Sets forth the procedure of payment of the property tax from enterprises calculated for the property forming part of the Uniform Gas Supply System in compliance with the Federal Law on gas supplies in the Russian Federation. Appropriate changes are introduced in the estimate form for the given tax.
Registered in the Ministry of Justice of the Russian Federation on May 5, 2003. Reg. No. 4495.

Decision of the Federal Commission for Securities Market No. 03-16/ps of April 1, 2003 on the Procedure of Assigning of the State Registration Numbers to Issues of Emission Securities

The state registration number is the digital (alphabetic, character) code identifying the particular issue of emission securities consisting of nine significant digits.
The procedure applies to issues (additional issues) of emission securities regardless of the type of issuer, including the issues of securities of credit and insurance organisations, issues of foreign issuers, including international financial organisations. The procedure does not apply to the issues (additional issues) of state and municipal securities.
Registered in the Ministry of Justice of the Russian Federation on May 5, 2003. Reg. No. 4494.

Order of the Ministry of Education of the Russian Federation No. 1155 of March 25, 2003 on the Endorsement of the Regulation on the Final State Certification of the Graduates of Higher Educational Institutions of the Russian Federation

Defines the procedure of carrying out of the final state certification of the graduates of higher educational institutions. For the final certification of the graduates of unaccredited higher educational institutions implementing the main educational programs of the higher professional education under licenses, the given procedure is an exemplary one.
The final certification testing applies to persons having mastered in full amount the main educational program in the sphere of speciality of the higher professional education developed by the higher educational institution to the requirements of the state educational standard.
The Regulation is entered into force from September 1, 2003.
Registered in the Ministry of Justice of the Russian Federation on May 5, 2003. Reg. No. 4490.

Decision of the Federal Commission for Securities Market No. 03-18/ps of April 1, 2003 on the Procedure of Uniting of Additional Issues of Emission Securities

The uniting is carried out by invalidation of the state registration numbers assigned to the additional issues of securities and assigning to them of the state registration number of the issue of emission securities they are being additional to.
The procedure applies to all additional issues of emission securities regardless of the type of issuer having assigned as of the date of entry into force of the Procedure the state registration number different from the one of the issue of emission securities they are being additional to.
Registered in the Ministry of Justice of the Russian Federation on May 5, 2003. Reg. No. 4487.

Decision of the Federal Commission for Securities Market No. 13-19/ps of April 1, 2003 on the Disclosing of Information on Affiliated Entities of Open-Type Joint-Stock Companies

Defines information on affiliated entities of open-type joint-stock companies to be disclosed and the disclosing procedure.
Information is disclosed by submission on the quarterly basis to the body in charge of the registration of the list of affiliated entities as of the date of the end of the reported quarter indicating all changes in the list in the reported quarter and by placing the list on the page (web site) in the Internet.
The list is submitted within 45 days from the date of the end of the reported quarter. The body in charge of the registration shall provide for the disclosing of the lists of affiliated entities of joint-stock companies submitted to it in the Internet.
Registered in the Ministry of Justice of the Russian Federation on May 5, 2003. Reg. No. 4483.

Order of the Ministry of Finance of the Russian Federation No. 127/n of December 11, 2002 on the Endorsement of the Directions on the Procedure of Application of the Budget Classification of the Russian Federation

Provides the new wording of the Directions on the procedure of application of the budget classification of the Russian Federation (together with the codes of the budget classification).
The earlier Order of the Ministry of Finance No. 38n of May 25, 1999 on the endorsement of the Directions on the procedure of application of the budget classification of the Russian Federation with amendments is invalidated.
According to the Statement of the Ministry of Justice of the Russian Federation No. 07/2338-YuD of March 12, 2003, the Order does not need state registration.

Letter of the Ministry of Finance of the Russian Federation No. 16-00-14/121 of April 8, 2003 on the Recording in Accounting Work of the Objects of Immovable Property

The objects of immovable property, before the moment of registration of the property right for them, must be recorded on Account 08 "Investments in Assets out of Circulation". As to the amortisation for the above objects of immovable property, one should be guided by Item 22 of the Regulation on the procedure of accruing of amortisation deductions for the fixed assets in the national economy endorsed by the State Planning Committee of the USSR, Ministry of Finance of the USSR, State Bank of the USSR, State Committee of the USSR for Prices, State Standards Committee of the USSR, State Construction Committee of the USSR No. VG-21-D/144/17-24/4-73 of December 29, 1990. According to this Regulation, amortisation for the actually operated objects of capital construction not appropriated with the acts of acceptance is accrued according to the commonly accepted procedure.

Letter of the Social Insurance Fund of the Russian Federation No. 02-18/10-2220 of April 10, 2003 on the Spending of the Resources of Obligatory Social Insurance to Pay for the Accommodations to Children's Rehabilitation Camps in 2003

Conveys the forms of the reports of the use of resources of obligatory social insurance for the rehabilitation of children and the register of children having undergone rehabilitation to be submitted by rural camps to the regional divisions of the Social Insurance Fund of the Russian Federation after each shift. Information of the use of the resources of obligatory social insurance to finance children's rehabilitation for the period from June through September of the current year must be submitted by e-mail no later than the 10th of each month.

Letter of the Ministry of Finance of the Russian Federation No. 16-00-14/129 of April 15, 2003 on the Recording in the Accounting Work of Delayed Tax Assets and Liabilities

Explains individual norms of the Regulation on accounting work "Registration of the Profit Tax Estimates" endorsed by the Order of the Ministry of Finance of the Russian Federation No. 114n of November 19, 2002. The Department of the Methodology of Accounting Work and Reporting has worked out the draft Order on the amendments to the Chart of Accounts of Financial and Economic Activities of Organisations and its application Instruction. The changes are aimed at adjustment of the recording of the profit tax estimates in accounting work.