Monitoring of the Federal Legislation dated 31.07.2003

Federal Law of the Russian Federation No. 86-FZ of June 30, 2003 on the Amendments to Some of the Legislative Acts of the Russian Federation, Invalidation of Individual Legislative Acts of the Russian Federation, Individual Guarantees to Employees of the Bodies of Internal Affairs, Bodies of Control over Circulation of Narcotic and Psychotropic Substances and Abandoned Federal Bodies of the Tax Police in View of the Implemented Measures to Improve State Management

The amendments are aimed at creation of the legislative basis of reformation of the state management in the sphere of revealing, prevention and stopping of the tax crimes and violations, countermeasures against illegal circulation of narcotic and psychotropic substances, protection of the state border of the Russian Federation, as well as security of the special communication and information.
Appropriate changes pertaining to activities of the federal bodies of executive power under reformation are introduced in the Code of Criminal Procedures of the Russian Federation, Code of Administrative Violations of the Russian Federation, Laws No. 4730-I of April 1, 1993 on the state border of the Russian Federation, No. 40-FZ of April 3, 1995 on the bodies of the Federal Security Service of the Russian Federation and a number of other legislative acts.
The Law also specifies that certificates on operations and accounts of legal entities and independent entrepreneurs are handed out by the credit organisation to the bodies of internal affairs when they execute their functions of revealing, preventing and stopping of the tax crimes.
The Federal Law is entered into force from July 1, 2003.

Order of the Ministry of the Railways of the Russian Federation No. 41 of June 18, 2003 on the Endorsement of the Rules of Cargo Transportation by the Railway Transport on Special Terms

Defines the main provisions pertaining to cargo transportation on special terms and the procedure of concluding contracts for this transportation. The special terms may be specified if the properties of the cargo or its condition or suggested by the shipper terms of delivery are not envisaged in the rules of cargo transportation by the railway transport.
Registered in the Ministry of Justice of the Russian Federation on June 25, 2003. Reg. No. 4825.

Order of the Ministry of the Railways of the Russian Federation No. 47 of June 18, 2003 on the Endorsement of the Rules of Cargo Storage in Public Use Locations When Transported by the Railway Transport

Specifies the storage procedure in open and closed warehouses, in cars and containers of the cargo scheduled for unloading and handing out in public use locations of the railway stations, as well as accepted for dispatch. Lists the cargo types permitted for storage in open warehouses in public use locations.
The rules are entered into force from June 30, 2003.
Registered in the Ministry of Justice of the Russian Federation on June 19, 2003. Reg. No. 4773.

Order of the Ministry of the Railways of the Russian Federation No. 35 of June 18, 2003 on the Endorsement of the Rules of Animal Transportation by the Railway Transport

Defines the procedure of animal transportation by the railway transport. All kinds of animals, including birds, ground game, laboratory, zoo animals and pets, marine animals, bees and fish are permitted for transportation by the railway transport from the territories free form contagious diseases under control by the bodies of the state veterinary enforcement.
The rules are entered into force from June 30, 2003.
Registered in the Ministry of Justice of the Russian Federation on June 19, 2003. Reg. No. 4767.

Order of the Ministry of the Railways of the Russian Federation No. 37 of June 18, 2003 on the Endorsement of the Rules of Transportation of Perishable Goods by the Railway Transport

Perishable goods include cargo that, when transported by the railway transport, requires protection against exposure to high and low ambient air temperatures, care or special servicing in travel.
The Order lists the types of the perishable goods and the time limits of their transportation in isothermal cars (refrigerators, vacuum cars, dairy tanks, isothermal tank cars and vacuum tanks), box cars depending on the thermal, technological processing and the year season.
The rules are entered into force from June 30, 2003.
Registered in the Ministry of Justice of the Russian Federation on June 19, 2003. Reg. No. 4762.

Federal Constitutional Law No. 1-FKZ of June 30, 2003 on the Amendments to the Federal Constitutional Law on the State Emblem of the Russian Federation

The changes envisage an opportunity of reproducing the state emblem of the Russian Federation on the documents issued by the bodies in charge of the state registration of the acts of civil status, as well as on the seals of the mentioned bodies. The state emblem is placed in the halls of solemnities of these bodies.
The Federal Constitutional Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 382 of June 30, 2003 on the Stamp of Prohibition of Entry in the Russian Federation for Some Categories of Foreign Citizens and Stateless Persons

The stamp in the personal identification documents of foreign citizens and stateless persons is put by the bodies of the border guard control and the federal body of executive power in charge of internal affairs if there is a decision on deportation. The stamp must have the words "Entry Is Not Permitted" and contain the following information: reasons of prohibition of entry, name of the body having put the stamp, signature and name of the official, date of putting.

Order of the Ministry of the Railways of the Russian Federation No. 40 of June 18, 2003 on the Endorsement of the Rules of Transportation by the Railway Transport of Declared-Value Cargo

Specifies the procedure of presenting of declared-value cargo for transportation by shippers. The value declaration is obligatory in transportation of precious metals, stones and items of them, museum and curiosity items, pieces of art and other artistic values, cargo for personal, household, family and other needs not pertaining to entrepreneurial activities.
Registered in the Ministry of Justice of the Russian Federation on June 25, 2003. Reg. No. 4821.

Order of the Ministry of the Railways of the Russian Federation No. 39 of June 18, 2003 on the Endorsement of the Rules of Filling of the Railway Documents for Cargo Transportation by the Railway Transport

Defines the filling procedure for the railway documents for cargo transportation by the railway transport, as well as for transportation of empty cars whether or not owned by the carrier. Provided forms of the railway documents are uniform for all participants of the transportation process on the railway transport.
Registered in the Ministry of Justice of the Russian Federation on June 23, 2003. Reg. No. 4819.

Order of the Ministry of the Railways of the Russian Federation No. 43 of June 18, 2003 on the Endorsement of the Rules of Drawing up and Collection of Fines in Cargo Transportation by the Railway Transport

Specifies the procedure of drawing up and collection of fines from carriers, shippers, consignees, owners of non-public use railway tracks, other legal entities and natural persons in cargo transportation by the railway transport. The fines are accrued on the basis of the railway bill, car delivery and removal sheet, registration card of the cargo transportation request, general form act, commercial act and other documents.
The list of the authorised representatives of the carrier entitled to draw up the fines is endorsed by the carrier.
Registered in the Ministry of Justice of the Russian Federation on June 23, 2003. Reg. No. 4817.

Order of the Ministry of the Railways of the Russian Federation No. 32 of June 18, 2003 on the Endorsement of the Rules of Cargo Transportation by the Railway Transport in Groups of Cars under the Single Way-Bill

Specifies the procedure of cargo transportation by the railway transport in groups of cars (group dispatch, rout dispatch, dispatch of coupled cars) under the single way-bill. Provided forms of the railway documents are uniform for all participants of the transportation process on the railway transport.
Registered in the Ministry of Justice of the Russian Federation on June 23, 2003. Reg. No. 4815.

Federal Law No. 87-FZ of June 30, 2003 on Transportation and Forwarding Activities

Defines the procedure of carrying out of transportation and forwarding activities which is implied to be the rendering of services in organisation of cargo transportation by any types of transport and drawing up of transportation documents, documents for customs purposes and other documents necessary for cargo transportation.
Specifies the rights and duties of the parties of the cargo forwarding contract, procedure of fixing remuneration to forwarders, fixes the principles of responsibility of the parties for the failure to execute of improper execution of the cargo forwarding contract, including the loss, shortage, damage to the cargo, violation of the time limits of the contract execution by the forwarder, as well as the failure to pay remuneration to the forwarder by the client.
The Federal Law is entered into force from the day of its official publication. For the earlier emerging obligations pertaining to forwarding services, the provisions of the Law shall apply to those rights and duties that emerge after its entry into force.

Decision of the Government of the Russian Federation No. 379 of June 30, 2003 on Additional Restrictions on Investment of Resources of Accumulated Pensions in Individual Classes of Assets and Determination of the Maximum Share of Individual Classes of Assets in the Investment Portfolio in Compliance with Articles 26 and 28 of the Federal Law on Investment of Resources to Finance the Accumulated Part of the Labour Pension in the Russian Federation

Lists additional cases of prohibition of investment of resources of the accumulated pension in individual classes of assets. Fixes the maximum share of classes of assets in the investment portfolio.
The shares of assets in the investment portfolio are determined in percent of the cost of the investment portfolio (in roubles) calculated proceeding from the amount of resources on accounts and deposits in credit organisations and the market cost of securities comprising the investment portfolio.

Order of the Ministry of the Railways of the Russian Federation No. 52 of June 25, 2003 on the Endorsement of the List of Cargo Permitted for Transportation by the Railway Transport in Bulk

Lists the names of the cargo and the types of the cars permitted for bulk transportation.
Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4848.

Order of the Ministry of the Railways of the Russian Federation No. 51 of June 25, 2003 on the Endorsement of the List of Cargo Permitted for Transportation on the Railway Transport in Open Cars

Lists in alphabetical order the cargo permitted for transportation by the railway transport in open cars.
Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4847.

Order of the Ministry of Transport of the Russian Federation No. VR-I/p of April 21, 2003 on the Endorsement of the Safety Rules of Cargo Transportation by Sea

Specifies the general requirements to the loading and unloading of vessels providing for the safety of transportation of the general cargo, including packed hazardous substances, large and heavy cargo that, because of its properties, may create a hazard to people's life and health when transported by sea, cause damage to vessels and transported cargo.
The rules apply to transportation of various single-piece cargo, metals of all kinds, mobile equipment (whether or not self-propelled, wheeled or track-laying), concrete items and structures, containers, cargo in containers, in packs, large and heavy cargo, timber.
Registered in the Ministry of Justice of the Russian Federation on June 27, 2003. Reg. No. 4835.

Decision of the Federal Commission for Securities Market No. 03-26/ps of May 21, 2003 on the Method of Calculation of Own Resources of Professional Participants of the Securities Market

From January 1, 2004 enters into force the new procedure of calculation of own resources of professional participants of the securities market. The estimate of own resources is drawn up on the basis of information of accounting reports of the organisation, information of the residues on accounts as of the date of the estimate, information of internal records of the deals of the professional participant and the documents confirming the cost of the property (liabilities) taken into account in the estimate.
When drawing up the estimate of own resources by the professional participant, additional information is disclosed using the forms envisaged in the Decision.
Registered in the Ministry of Justice of the Russian Federation on June 26, 2003. Reg. No. 4834.

Federal Law No. 90-FZ of July 2, 2003 on the Ratification of the Agreement between the Russian Federation and the Azerbaijani Republic on the Delimitation of the Adjacent Parts of the Bottom of the Caspian Sea

Ratifies the Agreement signed in Moscow on September 23, 2002.

Federal Law No. 89-FZ of July 2, 2003 on the Ratification of the Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms in the Member-States of the Commonwealth of Independent States

Ratifies the Convention signed in Kishinev on October 7, 2002.

Federal Law No. 88-FZ of July 2, 2003 on the Creation and Abolishing of the Regional Courts of the City of Moscow and on the Amendment to Article 21 of the RSFSR Law on the Judicial System in the RSFSR

Abandons intermunicipal (regional) people's courts of the city of Moscow and creates 33 regional courts. Lists the territories of the regions of the city covered by the newly created regional courts.

Also changes Article 21 of he Law on the judicial system. According to the introduced amendments, the regional court is created in a court region covering the territory of one region, city or other appropriate administrative territorial unit of the subject of the Russian Federation. The regional court may be created also in a court region with the territory covering common (adjacent) borders of the territories of several regions or other appropriate administrative territorial units of the subject of the Russian Federation.

The Federal Law is entered into force from the day of its official publication with exceptions.

Decision of the Government of the Russian Federation No. 392 of July 2, 2003 on the Amendments to the Decision of the Government of the Russian Federation No. 828 of July 8, 1997

The Regulation on the passport of the citizen of the Russian Federation is extended to include the norm stating that the passport issued in violation of the established procedure or drawn up on the lost (stolen) blank passport form must be withdrawn by the body of internal affairs of the Russian Federation having revealed such passport.

The Decision also specifies that until December 31, 2004, if the citizen of the Russian Federation travelling by the railway transport from the territory of the Russian Federation to the Kaliningrad Province in transit through the territory of Latvia and back wishes so, his passport may be used to paste in the photographs of children under 14 years of age.

Decision of the Government of the Russian Federation No. 390 of June 26, 2003 on the Endorsement of the Method of Determination of the Aggregate Weighted Value (Rating) of the Specialised Depositary in the Contest of 2003 for the Specialised Depositary and the Requirements to the Participants and Officials of Participants of the Contest Choosing Management Companies to Conclude Contracts with the Pension Fund of the Russian Federation for Services of a Specialised Depositary and Trusteeship Control of the Resources of Accumulated Pensions

Specifies the procedure of determination of the aggregate weighted value (rating) of the mentioned specialised depositary. Also specifies the requirements to the participants and officials of participants of the contest of 2003 choosing management companies to conclude with the Pension Fund of the Russian Federation contracts of trust for the resources of the accumulated pensions.

Order of the Ministry of the Railways of the Russian Federation No. 38 of June 18, 2003 on the Endorsement of the Rules of Transportation by the Railway Transport of the Cargo Escorted or Guarded by the Consignors, Consignees and the List of Cargo Requiring Obligatory Escort or Guarding

Defines the procedure of obligatory escorting or guarding of cargo in travel by consignors, consignees when transported by the railway transport. Cargo escorting is vested in the conductors represented by the consignor, consignee or their authorised persons including the agency guards of the Ministry of the Railways of Russia and other federal bodies of executive power.

The Order lists the cargo requiring obligatory permanent escorting by the consignors, consignees during the whole of their travel from the point of loading to the point of unloading. Also lists the cargo requiring obligatory escorting and guarding in shifts while in travel.

The rules are entered into force from October 1, 2003.

Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4864.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-03/317 of June 16, 2003 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-03/716 of December 17, 2002 on the Endorsement of the Declaration for Excise Duty Taxes and Its Filling Instruction

Form 4 of the declaration for excise duty taxes is extended to include new sections reflecting the procedure of payment of excise duty taxes in compliance with the Agreement between the Government of the Russian Federation and the Government of Turkey on supplies of Russian natural gas to Turkey via the Black Sea of December 15, 1997. Appropriate amendments are introduced in the filling instruction for this declaration.

Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4863.

Order of the Committee of the Russian Federation for Financial Monitoring No. 72 of June 16, 2003 on the Endorsement of the Regulation on the Decision Taken by the Committee for Financial Monitoring of Russia to Suspend Operation(s) with Monetary Resources or Other Property in Cases Envisaged in the Federal Law on the Countermeasures against Legalisation (Laundering) of Incomes Obtained in a Criminal Way and Financing of Terrorism

The Decision is issued by the Committee for Financial Monitoring of Russia after checking the substantiation of information on suspended operations presented by the organisation carrying operations with monetary resources or other property in compliance with the Federal Law No. 115-FZ of August 7, 2001 on the countermeasures against legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism. The Decision on suspension of operations is issued for up to five working days. No later than the working day following the day of signing of the decision, the Committee for Financial Monitoring of Russia shall send information on suspended operation(s) to the law enforcement bodies.

Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4862.

Order of the State Customs Committee of the Russian Federation No. 688 of June 24, 2003 on the Fixing of the Norms of Import of Individual Types of Commodities Permitted for Import without Customs Duties and Taxes According to the Simplified, Exemption Procedure

Reduces the quantity of tobacco items permitted for natural persons to import to the Russian Federation according to the simplified, exemption procedure without customs duties and taxes. It is permitted to import per person up to 50 cigars, up to 100 cigarillos, up to 200 cigarettes and up to 0.25 kg of tobacco. Earlier, it was permitted to import 400 pieces of tobacco items (with tobacco not listed in the mentioned tobacco items).

Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4861.

Order of the Committee of the Russian Federation for Financial Monitoring No. 64 of June 4, 2003 on the Amendments to the Order of the Committee for Financial Monitoring of Russia No. 62 of September 3, 2002

Changes the procedure of submission to the Committee for Financial Monitoring of Russia of information on operations with monetary resources or other property subject to obligatory control. Endorses the new forms of submitted information for operations, their filling recommendations, as well as the guides of the types of operations and the types of organisations submitting this information. Besides, introduces the guide of the types of unusual operations and the guide of precious metals and precious stones, jewellery of them and scrap of such items information of which being submitted to the Committee for Financial Monitoring of Russia.

Introduces opportunity to transmit the mentioned information via modem communication.

Registered in the Ministry of Justice of the Russian Federation on June 26, 2003. Reg. No. 4832.

Decision of the Government of the Russian Federation No. 395 of June 30, 2003 on the Measures to Organise Control of the Resources of the Accumulated Pensions

Endorses the forms of the typical contracts for:
- services of a specialised depositary rendered to the Pension Fund of Russia;
- trust control for the resources of accumulated pensions between the Pension Fund of Russia and the management company selected on the contest basis;
- services of the specialised depositary rendered to the management company selected on the contest basis in charge of the trust control of resources of accumulated pensions.
Besides, specifies the rules of assets transfer by the specialised depositary in cases of termination (discontinuation) of the contract of trust control of resources of accumulated pensions or in cases of assets transfer to secure the rights of the insured to choose the investment portfolio (management company).

      Also defines the rules of sale of the property forming part of the resources of accumulated pensions available in trust control in cases of termination (discontinuation) of the contract of trust control of the resources of the accumulated pensions.

Letter of the Ministry of Taxation of the Russian Federation No. MM-6-09/693@ of June 25, 2003 on the Processing of Requests Submitted to the Body in Charge of the Registration

Explains the right of taxpayers to get information of what subjects requested what type of information of them in the body in charge of the registration keeping the State Register of Legal Entities. All requests for this information must be attached in the registration files of organisations.

Also reports that from January 1, 2004, it is envisaged to present copies of constituent documents containing information on passport data and other personal information of natural persons.

Letter of the Ministry of Taxation of the Russian Federation No. FS-6-10/734@ of July 3, 2003 on the Filling of the Payment Orders When the Taxes (Fees) Are Paid by the Organisation at the Place of Location of Its Separate Division and by a Budget-Supported Organisation

Explains that the "Payer" field is used to enter the name of the bank client (holder of the account) issuing the order to the bank to transfer monetary resources. If the money to pay the taxes are transferred by the separate division that does not have its own payment account, the "Payer" field is used to enter the name of the parent organisation. The fields "INN" and "KPP" are used to enter the figures of the organisation at the place of location of its separate division transferring the tax amounts.
When the taxes (fees) are paid by the budget-supported organisation, the "Payer" field of the payment order is used to enter the name of the federal treasury body that has an account opened in the bank to register operations with resources of the federal budget to write off the monetary resources, with the name of the budget-supported organisation executing the duties to pay the taxes (fees) shown in brackets.
The payer "INN" and "KPP" fields of the payment order are used to enter the INN and KPP figures of the paying budget-supported organisation respectively.

Federal Constitutional Law No. 4-FKZ of July 4, 2003 on the Amendments to the Federal Constitutional Law on the Courts of Arbitration in the Russian Federation

Envisages creation of 20 appellate arbitration courts before January 1, 2006. The appellate arbitration courts shall be the courts in charge of the checking in the appellate instance of the legality and substantiation of the rulings of arbitration courts of the subjects of the Russian Federation in the first instance. Defines their authority, procedure of forming and activities.
The Federal Constitutional Law is entered into force from the day of its official publication.

Federal Constitutional Law No. 3-FKZ of July 4, 2003 on the Amendments to the Federal Constitutional Law on the Judicial System in the Russian Federation

Forms appellate arbitration courts in the framework of the judicial system of the Russian Federation. The mentioned courts shall examine the cases as appellate instance courts within their sphere of reference, as well as the newly opened circumstances.
The appellate instance is separated from the first instance thus excluding the situation when an arbitration court of the subject of the Russian Federation takes the decision and checks it.
The Federal Constitutional Law is entered into force from the day of its official publication.

Federal Constitutional Law No. 2-FKZ of June 30, 2003 on the Amendments to the Federal Constitutional Laws on the State Flag of the Russian Federation and on the State of Emergency

Refines the names of the bodies in charge of the protection and guarding of the state border of the Russian Federation in the Federal Constitutional Laws on the state flag of the Russian Federation and on the state of emergency.
The Federal Constitutional Law is entered into force from July 1, 2003.

Federal Law No. 122-FZ of July 7, 2003 on the Amendments to the Federal Law "The Charter of the Railway Transport of the Russian Federation"

Excludes provisions permitting to provide special cars for the convicts and detainees on lease terms, as well as the fixing of the payment for the military transportation and for the use of the infrastructure by the bodies in charge of the military transportation and for the services rendered by it according to the procedure defined by the Government of the Russian Federation.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 119-FZ of July 7, 2003 on the Amendments to the Law of the Russian Federation on the Minimum Amount of Labour Remuneration and the Federal Law on the Higher and Post-Graduate Professional Education

The stipends to intramural students of the state and municipal higher educational institutions getting education at the expense of the resources of the appropriate budget are increased to Rbl 400. The stipends to intramural students of the state and municipal institutions of the secondary and initial professional education and getting education at the expenses of the appropriate budget is fixed to amount to Rbl 140.
The Federal Law is entered into force from September 1, 2003.

Federal Law No. 116-FZ of July 7, 2003 on the Amendment to Article 6 of the Law of the Russian Federation on Currency Regulation and Currency Control

Obligatory sale of the currency receipts of the residents from the export of commodities (works, services, results of intellectual activities) is fixed in the amount specified by the Central Bank, however, not greater than 30%. Earlier, the amount was fixed at 50%.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 115-FZ of July 7, 2003 on the Amendments to the Federal Law on the Railway Transport in the Russian Federation and the Amendment to the Federal Law on the Entering into Force of Part 1 of the Tax Code of the Russian Federation

The amendments envisage the right of the proprietor to demand in court reimbursement of his expenses for the maintenance of the railway tracks and stations if they are closed at the decision of the federal body of executive power.
The Law specifies that the procedure of reimbursement of the lost incomes of the owner of the infrastructure, carrier as a result of introduction of exemptions and benefits in tariff rates, fees and payments on the public-use railway transport is defined by the Government of the Russian Federation and appropriate bodies of state power of the subjects of the Russian Federation if this occurs at the expense of the budges of the subjects of the Russian Federation.
The rules of execution of the duty to pay taxes and fees of the reorganised legal entity by his successor(s) envisaged in the Tax Code of the Russian Federation shall apply also to the organisations of the federal highway transport whose property is transferred as a privatisation procedure in the registered capital of the joint economic subject on the railway transport. The given norm is entered into force one month after the day of the official publication of the Law.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 114-FZ of July 7, 2003 on the Amendment to Article 10 of the Federal Law on the Obligatory State Insurance of the Life and Health of Servicemen, Citizens on the Muster, Soldiers and Officers of the Bodies of Internal Affairs of the Russian Federation, State Fire Service, Employees of Institutions and Bodies of the Criminal Execution System and Employees of the Federal Bodies of the Tax Police

Specifies that the insurer must pay out the insured amount in case of death of the insured if the death of the latter occurred as a result of the suicide with the insured being in the military service, service by this time for at least six months (earlier, at least 2 years). The insured amount must be paid out also if the death of the insured is the result of the proved in the court suicide incitement regardless of the time of being in the military service, service of the insured.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 110-FZ of July 7, 2003 on the Amendments to Articles 219 and 220 of Part 2 of the Tax Code of the Russian Federation

Increases the amount of the social tax exemptions for studies and medical treatment from Rbl 25,000 to Rbl 38,000. Also increases from Rbl 600,000 to Rbl 1 million the maximum amount of the property tax exemption for new construction and purchase of housing.
The Federal Law applies to legal relations emerging from January 1, 2003.
The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 108-FZ of July 7, 2003 on the Amendments to the Federal Law on the Additional Monthly Material Support of the Citizens of the Russian Federation for the Outstanding Achievements and Special Services to the Russian Federation

The citizens of the Russian Federation entitled for the additional monthly material support for the outstanding achievements and special services to the Russian Federation include champions of Paralympic and Special Olympic Games. Additional material support shall be provided in the same amount as to the champions of Olympic Games, in particular, in the amount of 250% of the amount of the basic part of the labour old-age pension.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 107-FZ of July 7, 2003 on the Amendment to the Federal Law on the Federal Budget for the Year 2003

Amends Article 124 regulating the procedure of paying out compensations for the ritual services. The changes permit to get the payments envisaged in this Article to any persons (other than the heirs) having undertaken to pay for the funeral.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 106-FZ of July 7, 2003 on the Amendment to Article 3 of the Federal Law on the Entering into Force of the Land Code of the Russian Federation

According to the introduced amendments, the amount of the rent for the use of land plots available in the state or municipal property and located in the regions of the Far North may not be greater than the amounts of the land tax rates specified for the lands of industrial, power supply, transportation, communication, radio broadcasting, TV broadcasting, information purposes, lands for outer space activities, defence, security and other special purposes.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 105-FZ of July 7, 2003 on the Amendments to Article 218 of Part 2 of the Tax Code of the Russian Federation

According to introduced amendments, the taxpayers may enjoy standard tax exemptions for the income tax from natural persons with any tax agent. Earlier such exemptions were available only with the employer.
The Federal Law applies to legal relations emerging from January 1, 2003.
The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 104-FZ of July 7, 2003 on the Invalidation of the Provisions of Legislative Acts of the Russian Federation Pertaining to Tax Control over the Expenses of Natural Persons

Invalidates Articles 86.1, 86.2 and 86.3 of the Tax Code of the Russian Federation specifying the procedure of tax control over large expenses of natural persons.
The Federal Law is entered into force one month from the day of its official publication.

Federal Law No. 103-FZ of July 4, 2003 on the Amendments to the Code of Administrative Violations of the Russian Federation

Introduces responsibility for the violation of the rules of handling of waste and scrap of ferrous and non-ferrous metals and their alienation: from 20 to 25 minimum amounts of labour remuneration for citizens, from 40 to 50 minimum amounts of labour remuneration for officials, from 500 to 1,000 minimum amounts of labour remuneration for legal entities.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 102-FZ of July 4, 2003 on the Amendments to Article 18 of the Federal Law on the Main Guarantees of Electoral Rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation

The limit of permissible deviation in the forming of the single-mandate and/or multi-mandate election districts in the hard-to-access or remote localities is increased from 15% to 30% of the average norm of representation of the electorate. To preserve the borders of municipal formations when forming election districts to elect the deputies of the legislative (representative) body of state power of the subject of the Russian Federation, individual single-mandate election districts may be formed with permissible deviation of the average norm of representation of the electorate being not greater than 20%.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 101-FZ of July 4, 2003 on the Creation of the Court of the Evenki Autonomous District

Creates the Court of the Evenki Autonomous District covering the territory of the mentioned autonomous district within the boundaries as of the moment of entry into force of the present Federal Law.
The Federal Law is entered into force from the day of its official publication with exceptions.

Federal Law No. 100-FZ of July 4, 2003 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Lithuanian Republic on the Reception and Return of the Persons Staying Illegally on the Territory of the Russian Federation and the Territory of the Lithuanian Republic (Re-Admission Agreement)

Ratifies the Agreement signed in Vilnius on May 12, 2003.

Federal Law No. 99-FZ of July 4, 2003 on the Ratification of the Treaty between the Russian Federation and the Federative Republic of Brazil on the Extradition

Ratifies the Treaty signed in Moscow on January 14, 2002

Federal Law No. 98-FZ of July 4, 2003 on the Amendments to Article 322 of the Criminal Code of the Russian Federation

Refines the wording of Article 322 of the Criminal Code of the Russian Federation specifying responsibility for the illegal crossing of the state border of the Russian Federation.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 97-FZ of July 4, 2003 on the Amendments to Articles 2 and 35 of the Federal Law on the Main Guarantees of Electoral Rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation

The Federal Law is being brought in compliance with the earlier amended Federal Laws on political parties and on the elections of the deputies of the State Duma of the Federal Assembly of the Russian Federation pertaining to the procedure of creation of the electoral block when electing the deputies of the State Duma.
The Federal Law is entered into force from January 1, 2004 with exceptions prohibiting admission to the electoral block of some of all-Russia public associations. The mentioned provisions are entered into force from the day of official publication of the Federal Law.

Federal Law No. 96-FZ of July 4, 2003 on the Amendment to Article 11 of the Federal Law on the Bodies of the Judicial Community in the Russian

Sets forth that representatives of the President of the Russian Federation in the qualification boards of judges may be the citizens of the Russian Federation possessing higher legal education who did not commit any disgraceful acts.
Also refines the requirements to the representatives of the public in the qualification boards of judges.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 95-FZ of July 4, 2003 on the Amendments to the Federal Law on the General Principles of Organisation of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation

Amends the provisions of the Federal Law pertaining to the prevailing status of the Constitution of the Russian Federation and the federal legislation, procedure of approval of the laws of the subject of the Russian Federation, promulgation procedure for the constitutions (charters), laws of the subjects of the Russian Federation, guarantees of the deputies' activities and deputy immunity. The Federal Law is extended to include new chapters "General Principles of Delimitation of Authority between the Federal Bodies of State Power and the Bodies of State Power of the Subject of the Russian Federation" and the "Economic Basis of Activities of the Bodies of State Power of 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. 94-FZ of July 4, 2003 on the Amendments to Some of the Legislative Acts of the Russian Federation Pursuant to the Adoption of the Federal Law on the Main Guarantees of Electoral Rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation

The Law of the Russian Federation on mass media specifies an additional reason to suspend the work of a mass media organisation by a court for the violation of the legislation on elections and referendums.
Corrects the articles of the Criminal Code on the responsibility for the prevention of implementation of the electoral rights or the work of election commissions, faking up of election documents or referendum documents. Introduces responsibility for the violation of the procedure of financing of an election campaign and activities of the initiative group arranging the referendum.
The changes are also introduced in the Federal Law on charitable activities and charitable organisations, Code of Criminal Procedures of the Russian Federation and the Code of Administrative Violations of the Russian Federation.

Federal Law No. 91-FZ of July 4, 2003 on the Amendments to the Federal Law on the Flag of the Armed Forces of the Russian Federation, Flag of the Marine Fleet, Flags of Other Arms of the Russian Federation and Flags of Other Troops

Changes the description and design of the Flag of the Armed Forces of the Russian Federation. The Flag of the Armed Forces of the Russian Federation is being brought in compliance with historical traditions of flag designs as official symbols and military relics.
The Federal Law is entered into force from the day of its official publication.

Posokhov against the Russian Federation (Appeal No. 63486/00). Ruling of the European Human Rights Court of March 4, 2003

The applicant, Sergey Vitalyevich Posokhov, citizen of the Russian Federation, worked as an officer of the Taganrog customs terminal. In 1996, the applicant and some other persons were sued for smuggling. In May 2000, Posokhov was found guilty of helping to avoid customs payments and of abuse of the service position and, after the sentence, was released from punishment partly because of the time limit and partly because of the amnesty.
Posokhov's appeal to the European Court of Human Rights challenged the composition of the court having adopted the sentence. While appealing in the Russian courts, Posokhov indicated the violation of the provisions of the Federal Law on the people's assessors of the federal courts of general jurisdiction in the Russian Federation, namely, the violation of the procedure of selection of people's assessors, expired term of service of some of them.
The European Court ruled in favour of the applicant having acknowledged violation of Item 1 of Article 6 of the Human Rights Convention with the Russian authorities stating that "in the determination of … any criminal charge against him, everyone is entitled to a fair … hearing … by an independent and impartial tribunal established by law". The European Court emphasised that the word combination "established by law" qualifies not only the legal grounds of the existence of the court itself but also the composition of the court in each case.
The European Court has obliged Russia to pay out to the applicant within three months from the day of entry into force of the ruling EUR 500 (five hundred) (in Russian roubles at the rate as of the day of payment) in compensation of the moral damage.

Federal Law No. 125-FZ of July 7, 2003 on the Amendments to the Federal Law on the State Regulation of Tariff Rates for Electric and Thermal Power in the Russian Federation

Provides the new wording for the definition of the "federal (all-Russia) wholesale market of electric power" implying the sphere of distribution of the special commodity - electric power in the framework of the Uniform Power Supply System of Russia within the uniform economic environment of the Russian Federation involving large producers and large buyers of electric power having acquired the status of the subjects of the wholesale market and operating on the basis of the rules of the wholesale market.
The Law adjusts the authority of the federal and regional bodies of executive power in the sphere of state regulation of tariff rates. Defines the procedure of solving of disputes in the sphere of state regulation of tariff rates for electric and thermal power.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 124-FZ of July 7, 2003 on the Amendments to Article 35 of the Law of the Russian Federation on the Customs Tariff

Introduces customs exemptions from customs duties for commodities (equipment, including component and spare parts for it), in compliance with the list endorsed by the Government of the Russian Federation, imported under contracts opened for financing until August 1, 1998 inclusive at the expense of the tied credits of the governments of foreign states, banks and companies attracted under the guarantees of the Government of the Russian Federation.
Also specifies that there are exemptions for the customs duties accrued for the import of commodities to the Russian Federation, as well as for the fines and penalties accrued because of the failure to pay customs duties as of the moment of entry into force of the Federal Law. The earlier paid duties, penalties and fines are not returned.
The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 123-FZ of July 7, 2003 on the Amendments to Individual Legislative Acts of the Russian Federation Pertaining to the Financing of the General Educational Institutions

The Law delimits the authority of the Russian Federation, subjects of the Russian Federation and the bodies of local government in the sphere of state guarantees for the free secondary education for the citizens, as well as refines the procedure of financing of the state and municipal general educational institutions.
Thus the sphere of reference of the subjects of the Russian Federation includes financial support of state guarantees of the rights of citizens to get publicly available and free secondary education in municipal general educational institutions by allocating subventions to the local budgets in the amount necessary to implement the state standard of the general education including the labour remuneration to the employees of municipal general educational institution, expenses to purchase teaching aids, technical means of teaching, consumables and for household needs (except for the communal services).
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 121-FZ of July 7, 2003 on the Amendments to the Federal Law on the Federal Budget for the Year 2003

The following amendments are envisaged:
- financing of anti-terrorist measures;
- compensations to citizens having lost their housing and property because of the crisis in the Chechen Republic;
- financing of automatic processing of materials of the all-Russia population census of 2002;
- change (prolongation) of the time of correction of the limits of budget obligations.
To render financial aid to the subjects of the Russian Federation to prepare the housing and communal facilities for work in the autumn and winter period of 2003-2004, including the repair of the heat supply systems, engineering networks and equipment, it is envisaged to allocate in 2003 the resources to the budgets of the subjects of the Russian Federation on the pay back basis in the amount of Rbl 5,500 million.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 120-FZ of July 7, 2003 on the Amendments to Articles 4 and 79 of the Federal Law on the Acts of Civil Status

The bodies of local governments of municipal formations that do not have civil registration offices on their territory may be empowered with the authority of the state registration of the acts of civil status, including the bodies of local government of rural settlements - for the state registration of birth, marriage, divorce, paternity, death.
The Law lists the conditions permitting to recognise as valid the state registration of the acts of civil status carried out by the bodies of local government before the entry into force of the appropriate laws of the subjects of the Russian Federation, however, no later than December 1, 2003.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 118-FZ of July 7, 2003 on the Amendments to the Federal Law on the Obligatory Social Insurance against Industrial Accidents and Occupational Diseases

Corrects the types of payment for the additional expenses pertaining to medical, social, professional rehabilitation of the insured in cases of direct consequences of the insured occurrence. In particular, the insurer shall pay for the purchase of medicines, items of medical destination and personal care, external care services for the insured, as well as the travel to the place of treatment and back.
If the insurant delays the paying out of the temporary disability allowances assigned because of the insured occurrence for more than one calendar month, the mentioned payments shall be made by the insurer to the application of the insured.
The insurer may participate in the certification, re-certification of the insured in the institution of the medical and social expert evaluation. The Law fixes the duty of the bodies in charge of the registration of the acts of civil status to report to the insurer information on the death of the insured.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 117-FZ of July 7, 2003 on the Amendments to Part 2 of the Tax Code of the Russian Federation and Some of the Other Legislative Acts of the Russian Federation, As Well As on Invalidation of Some of the Legislative Acts (Provisions of the Legislative Acts) of the Russian Federation

The amendments envisage reduction of the value added tax rate from 20% to 18% and the indexing of excise duty taxes. Abandons excises from the hydrocarbon raw materials and increases the rates of the tax on extraction of the mineral resources for the hydrocarbon raw materials.
The rates of the land tax of 2003, except for the land tax on agricultural lands, shall apply in 2004 with the factor 1.1. The Law also introduces a number of technical changes to Part 2 of the Tax Code of the Russian Federation pertaining to the abolishment of the sales tax from January 1, 2004.
The Federal Law is entered into force from January 1, 2004, however, no sooner than one month after the day of its official publication.

Federal Law No. 113-FZ of July 7, 2003 on the Amendments to the Federal Law on the Circulation of Lands of Agricultural Destination

Refines the notion of "close relatives" including the spouse, parents, children, brothers, sisters, grandfather, grandmother and grandchildren.
The requirements of the Law on the minimum amount of the land plot do not apply now to the cases of separation of the land plot as a share (shares) in the common property right for the land plot for the purposes of arranging of a personal auxiliary outlet or peasant (farmer's ) activities if their main type of activities is gardening, flower growing, viticulture, seed growing, poultry breeding, apiculture, fishing or other activities of making agricultural produce according to a technology permitting the use of the smaller size land plots. The restriction of the minimum amount of the land plot preserves for the newly created land plots.
Refines the procedure of privatisation of the land plots. Agricultural lands provided to agricultural organisations for permanent (unlimited) use may be granted to the citizens as common property free in cases envisaged in the laws of the subjects of the Russian Federation. The list of the categories of citizens entitled for a share of land and the procedure of determination of the size of the land plot is specified by the law of the subject of the Russian Federation. Privatisation of the land plots from the lands of agricultural destination shall be permitted from January 1, 2004.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 112-FZ of July 7, 2003 on the Auxiliary Personal Outlet

The sale by citizens keeping personal auxiliary outlets of agricultural produce made and processed while keeping the personal auxiliary outlet shall not be regarded as entrepreneurial activities.
The citizens may engage in the keeping of the personal auxiliary outlet from the moment of the state registration of the rights for the land plot. Registration of the personal auxiliary outlet is not required.
Personal auxiliary outlets are subject to the state support measures envisaged in the legislation of the Russian Federation for agricultural producers. The present norm is entered into force from January 1, 2004.
Citizens keeping personal auxiliary outlets may engage on the voluntary basis in the legal relations in obligatory pension insurance in compliance with the legislation of the Russian Federation.
The Federal Law is entered into force from the day of its official publication with exceptions.

Federal Law No. 111-FZ of July 7, 2003 on the Amendments to the Federal Law on the Fundamentals of the System of Prevention of Juvenile Dereliction and Delinquency and Other Legislative Acts of the Russian Federation

Expands the range of the rights of the underage living in institutions of the system of prevention of juvenile dereliction and delinquency and appropriate duties of the administration of these institutions, in particular, institutes their duty to inform the parents or legal representatives of the arrival of the underage in the appropriate institution within 12 hours from the moment of arrival if information of their place of living or stay is available. The administration of the institution of the system of prevention of juvenile dereliction and delinquency is empowered with the duty to ensure observation of the rights of the underage. The Law specifies an exhaustive list of punishments applied to the underage living in these institution, as well as the reasons of such punishments. Physical and psychic violence is prohibited.
The Law envisages judicial procedures of examination of materials of the fact of placing of the underage in the temporary detention centres for the juvenile delinquents.
Appropriate changes are introduced in the Criminal Code of the Russian Federation, Code of Criminal Procedures of the Russian Federation and the Law on the militia. Thus, Article 92 of the Criminal Code of the Russian Federation refines the judicial nature of the fact of placing of the underage in the special closed-type educational institution: this measure is qualified as a forced educational intervention for the underage. Such measure may apply only when an underage is sentenced to imprisonment.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 109-FZ of July 7, 2003 on the Invalidation of Some of the Legislative Acts Pursuant to the Adoption of the Federal Laws on the State Pension Support in the Russian Federation and on the Labour Pensions in the Russian Federation

Federal Laws No. 166-FZ of December 15, 2001 on the state pension support in the Russian Federation and No. 173-FZ of December 17, 2001 on the labour pensions in the Russian Federation were entered into force from January 1, 2002. This invalidated some of the legislative acts of the Russian Federation that may not apply from January 1, 2002, since the terms and norms of pension support envisaged in them are in violation of the new federal laws on pensions.
Thus, a number of Decisions of the Supreme Soviet of the Russian Federation and Federal Laws regulating the issues of increase of the minimum amount of the pensions, indexing and recalculation of the state pensions must be abandoned. This is because the new Federal Laws on pensions do not have the notion of the minimum amount of the pension, with the labour pension consisting of the basic and the insured parts being indexed according to the new procedure.
The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 405 of July 4, 2003 on the Amendments to the Federal Rules (Standards) of Audit Activities

The federal rules (standards) of audit activities are extended to include new Sections 7 "Internal Control of the Audit Quality", 8 "Assessment of Audit Risks and Internal Control Carried out by the Audited Entity", 9 "Affiliated Entities", 10 "Events after the Reporting Date" and 11 "Permitted Uninterrupted Activities of the Audited Entity".
Added sections specify uniform requirements to the understanding of the system of accounting work and internal control, as well as the audit risks and its components and also the uniform requirements to the revealing and investigation, during audit activities, of economic operations with economic subject being affiliated entities of the audited entity.
The Decision also defines the requirements to the actions of the auditor in revealing and assessment of events occurring after the reporting date, i.e. events occurring from the moment of the end of the reporting period to the date of signing of the audit statement, as well as the facts revealed after the date of signing of the audit statement.
Besides, the Decision specifies uniform requirements to the actions of the auditor in the checking of the legality of application by the audited entity of the permission to continue uninterrupted activities when drawing up financial (accounting) reports, including the examination of the assessment of the ability of the mentioned entity to continue its activities without interruption presented by the management of the audited entity.

Decision of the Government of the Russian Federation No. 403 of July 4, 2003 on the Amendments to the Decision of the Council of Ministers - the Government of the Russian Federation No. 793 of August 12, 1993

The amendments are introduced in the Regulation on the duties for the patenting of inventions, useful models, industrial prototypes, registration of trade-marks, service-marks, names of the places of origin of commodities, granting of the right of use of the names of the places of origin of the commodities and the Regulation on the registration fees for the official registration of computer programs, databases, and layouts of integrated circuits. The Decision changes the amounts of the fixed duties and registration fees.
The payment of the duties and registration fees with the amount having not been determined earlier is effected within 2 months from the date of receiving of the notification of the need to pay them. Applications, objections and requests with the duty unpaid within 2 months are not accepted for examination.
The Decision is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 400 of July 4, 2003 on the Amount of the Labour Remuneration to the Lawyer Participating As Defence in a Criminal Case When Appointed by the Bodies of Investigation, Prosecutor or Court

Amount of labour remuneration of the lawyer per day of participation is fixed to at least one forth of the minimum amount of labour remuneration and not greater than one minimum amount of labour remuneration depending on the case complexity defined as amenability, number and degree of imputed crimes, number of suspects, accused, volume of materials of the case and other circumstances.
The paying out of the labour remuneration of the lawyer is effected to his application on the basis of the decision (ruling) of the body of investigation, prosecutor or court. In cases of prolonged participation of the lawyer as defence, the decision (ruling) on the labour remuneration is issued on the monthly basis.

Information of the Central Bank of Russia of July 9, 2003

The Bank of Russia, in compliance with the authority provided under the Federal Law No. 116-FZ of July 7, 2003, specifies that obligatory sale applies to 25% of the currency receipts from the export of commodities (works, services, results of intellectual activities).

Federal Law No. 126-FZ of July 7, 2003 on Communication

The new Law invalidates the Federal Law of February 16, 1995 on communication. The Federal Law specifies the legal fundamentals of activities in the sphere of communication, defines the authority of the bodies of state power in the sphere of communication, the rights and duties of the parties engaged in the mentioned activities or using communication services. Regulates the rendering of multi-purpose communication services which include, in particular, the services in data transfer and providing Internet access through collective stations. Introduces the notion of the "operator" occupying a special position in the public-use network. Defines the requirements to the connection procedure for telecommunication networks and their interaction with the telecommunication network of such operator, as well as the pricing procedure for the connection and traffic services rendered by these operators. Regulates in detail the procedure of issue, redrawing, changing, suspension, renewal and revocation of the licenses.
The Federal Law is entered into force from January 1, 2004 with the exception of the norm obliging beneficial-price users to pay for the rendered services in full to be covered afterwards from the budget. The mentioned norm is entered into force from January 1, 2005.

Federal Law No. 92-FZ of July 4, 2003 on the Amendments to the Code of Criminal Procedures of the Russian Federation

The amendments eliminate the revealed opportunities of ambiguous interpretation of individual norms of the Code and drawbacks revealed in the course of its application. The Law changes the blank forms of procedural documents used in pre-trial investigation. The Code is extended to include documents used in court proceedings.
The Federal Law is entered into force from the day of official publication.

Decision of the Government of the Russian Federation No. 411 of July 7, 2003 on the Endorsement of the Rates of Export Customs Duties for Commodities Exported from the Russian Federation Outside the Member-States of the Customs Union Agreements

Lists individual types of commodities to be exported outside the member-states of the Customs Union agreements free. These are individual types of potassium fertilisers (earlier, 5% of the customs cost), ethyl non-denatured alcohol (earlier, 6.5% of the customs cost) and other.
The Decision is entered into force one month after the day of its official publication

Decision of the Government of the Russian Federation No. 410 of July 7, 2003 on the Endorsement of the Requirements to the Content and Procedure of Issue of the Notifications of the Purchase of Ethyl Alcohol Including the Denatured One

The notification is the document permitting the organisation to buy ethyl alcohol, including the denatured one, within the limits of allocated quotas and confirming the legality of its distribution.
The issue and registration of the notifications of the purchase of ethyl alcohol, including the denatured one, from edible raw materials is vested in the Ministry of Agriculture of the Russian Federation, and ethyl alcohol, including the denatured one, from non-edible raw materials - in the Ministry of Economic Development of the Russian Federation.
The payment for the drawing up and issue of the notification to the organisation is not collected.

Decision of the Government of the Russian Federation No. 409 of July 7, 2003 on the Amendments to the Customs Tariff of the Russian Federation

Reduces the rates of import customs duties for individual commodities: lemon acid, parts of transformers, capacitors, resistors, diodes, photo-sensitive semi-conductor instruments, electronic circuits, as well as the bulbs and lighting equipment for medical purposes.
The Decision is entered into force one month after the day of its official publication for 9 months

Regulation of the Central Bank of Russia No. 230-P of June 4, 2003 on the Reorganisation of Credit Organisations in the Form of a Merger and Incorporation

Defines the list of information and documents necessary for the state registration of the credit organisation created by merger, as well as the state registration of the changes in the constituent documents of the credit organisation in view of its reorganisation in the form of incorporation. Specifies the procedure of submission and examination of the mentioned documents and information in the Bank of Russia and defines the particulars of the licensing of activities of credit organisations in cases of reorganisation in the from of a merger or incorporation.
The state registration of the reorganised credit organisation is charged with the state duty according to the commonly accepted procedure. Such credit organisation does not have to meet the requirements of the minimum amount of the registered capital fixed by the Bank of Russia for the newly created credit organisations.
The Regulation is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on July 7, 2003. Reg. No. 4868.

Decision of the Government of the Russian Federation No. 415 of July 9, 2003 on the Amendments to the Classification of the Fixed Assets Included in the Amortisation Groups

Amends many headings of the classification of the fixed assets included in the amortisation groups. Many of the changes will apply beginning with January 1, 2003.

Direction of the Central Bank of Russia No. 1304-U of July 9, 2003 on the Fixing of the Amount of the Obligatory Sale of the Currency Receipts from the Export of Commodities (Works, Services, Results of Intellectual Activities)

Fixes the amount of the obligatory sale of the currency receipts from the export of commodities (works, services, results of intellectual activities) to 25% of the currency receipts.
The Direction is entered into force from the day of official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on July 9, 2003. Reg. No. 4881.

Order of the Ministry of Finance of the Russian Federation No. 60n of July 4, 2003 on the Contest for the Choice of the Specialised Depositary to Conclude Contracts for the Services of the Specialised Depositary with the Pension Fund of the Russian Federation and on the Contest for the Choice of the Management Companies to Conclude the Contract of Trust for the Resources of the Accumulated Pensions with them by the Pension Fund of the Russian Federation

Endorses the forms of the notifications of the contest for the choice of the specialised depositary and management companies, as well as the forms of applications for participation in the contest.
Examination, evaluation and comparison of the applications is vested in the contest commission according to the endorsed Regulation.
Registered in the Ministry of Justice of the Russian Federation on July 8, 2003. Reg. No. 4880.

Order of the Ministry of Justice of the Russian Federation No. 152 of June 27, 2003 on the Endorsement of the Instruction on the Procedure of State Registration of the Rights for Immovable Property and Deals with It in Condominiums

The Instruction regulates the issues pertaining to the state registration of the rights for the objects of immovable property of a condominium carried out by the legal institutions in charge of the registration of the rights for immovable property and deals with it. Defines the particulars of providing information of the registered rights for the rooms (dwelling and other) possessed by house owners, of the objects of immovable property in a condominium and possessed by house owners as a shared property.
Registered in the Ministry of Justice of the Russian Federation on July 7, 2003. Reg. No. 4874.

Order of the Ministry of the Railways of the Russian Federation No. 42 of June 18, 2003 on the Endorsement of the Rules of Presenting and Examination of Claims Pertaining to Cargo Transportation by the Railway Transport

Defines the procedure of presenting claims to the carrier pertaining to cargo transportation. The right for the claim belongs to the consignee or consignor, and in individual cases, to the owner of the public-use railway track. The claim must have attached the documents confirming it. The claim right pertaining to cargo transportation may also be granted to the insurer having paid out the compensation to the consignor, consignee because of the improper execution of the transportation duties by the carrier.
Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4855.

Federal Law No. 93-FZ of July 4, 2003 on the Endorsement of the Scheme of Single-Mandate Election Districts to Elect the Deputies of the State Duma of the Federal Assembly of the Forth Convocation

Endorses the scheme of single-mandate election districts to elect the deputies of the State Duma of the Russian Federation of the forth convocation and defines the uniform norm of representation of the electorate per single-mandate election district. There are 225 single-mandate election districts to be created on territory of the Russian Federation.
The Federal Law is entered into force from the day of its official publication.

Order of the Ministry of Finance of the Russian Federation No. 56n of June 30, 2003

Endorses the blank form of the application of the insured to choose the investment portfolio (management company) and its filling instruction.
Also provides the form of the notification of the condition of the special part of the individual personal account.
Registered in the Ministry of Justice of the Russian Federation on July 8, 2003. Reg. No. 4877.

Order of the State Customs Committee of the Russian Federation No. 600 of June 2, 2003 on the Endorsement of the Regulation on the Determination of the County of Origin of the Commodity

Specifies the rules of determination of the country of origin of commodities used to implement the measures of tariff and non-tariff regulation of the import and export of commodities. The rules include:
- procedure of declaring of the origin of commodities by the declaring party;
- taking the decision of the customs bodies on the country of origin of commodities;
- control of the customs bodies over the correctness of declaring of the country of origin of the commodities, including the customs registration and control, as well as after them;
- procedure of taking and drawing up by the customs bodies of the decision of the country of origin of the commodity, its changing and revocation;
- procedure of appealing against the mentioned decisions.
The Order is entered into force thirty days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on July 7, 2003. Reg. No. 4870.

Order of the Ministry of Internal Affairs of the Russian Federation No. 414 of June 14, 2003 on the Specimen of the Notification of the Highway Accident

Provides the form of the notification of the highway accident containing information on its participants and circumstances. The form must contain the name of the insurer, as well as information on the insurance policy.
Registered in the Ministry of Justice of the Russian Federation on July 1, 2003. Reg. No. 4867.

Order of the Ministry of the Railways of the Russian Federation No. 45 of June 18, 2003 on the Endorsement of the Rules of Drawing up the Acts in Cargo Transportation by the Railway Transport

Defines the procedure of drawing up the acts in cargo transportation by the railway transport. The circumstances implying responsibility of the carrier, consignor or consignee, other legal entities or independent entrepreneurs in cargo transportation by the railway transport are certified with commercial acts, general form acts and other acts envisaged in the rules.
Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4856.

Decision of the Constitutional Court of the Russian Federation of July 14, 2003 on the Case of Constitutionality of the Provisions of Article 4, Item 12 of Article 164, Items 1 and 4 of Article 165 of the Tax Code of the Russian Federation, Article 11 of the Customs Code of the Russian Federation and Article 10 of the Law of the Russian Federation on the Value Added Tax Pursuant to the Requests of the Arbitration Court of the Lipetsk Province, Appeals of the OOO "Papirus", OAO "Far-Eastern Steamship Company" and the OOO "Commercial Company "Balis""

According to Item 1 of Article 164 of the Tax Code of the Russian Federation, taxation at the 0% rate apply for the sale of commodities (except for the oil, including stable gas condensate, natural gas, exported on the territory of the CIS member-states) exported under the export customs regime under the condition of submission to the tax bodies of the documents envisaged in Article 165 of the Tax Code.
According to the applicants, the exhaustive list of the documents specified in Article 165 of the Tax Code permitting to apply the 0% rate taxation does not permit to prove the fact of export with other documents. Because of the objective reasons, actions of contracting parties, customs bodies, as well as other persons, it is not always possible to draw up the documents mentioned in Article 165 appropriately.
The Constitutional Court of the Russian Federation has decided to recognise as not contradicting the Constitution of the Russian Federation the provisions of Item 1 of Article 164 and Items 1 and 4 of Article 165 of the Tax Code of the Russian Federation, since they fix the duty of the taxpayer to submit to the tax bodies the documents according to the specified list to confirm the reasonableness of the 0% VAT rate for the sale of commodities exported from the Russian Federation under the export customs regime by ships through sea ports, as well as the works (services) in escorting, transportation, loading and unloading of such commodities imported to the Russian Federation.
The provision of Paragraph 4 of Subitem 4 of Item 1 of Article 165 of the Tax Code of the Russian Federation is recognised as not contradicting the Constitution of the Russian Federation, since it does not exclude an opportunity to confirm the export of commodities under the export customs regime by ships through sea ports by the taxpayer submitting to the tax bodies together with other obligatory documents instead of the bill of lading other transportation, commodity accompanying documents containing the same information to implement the right for the beneficial VAT rate envisaged in the Tax Code. The revealed meaning of the given norm is obligatory to all and excludes any other interpretation.
Proceedings pertaining to the constitutionality of other challenged norms have been terminated since they have been either abandoned by the beginning of the case examination or did not apply in the case.
Judicial decisions in the case of the applicants diverting from the revealed constitutional and legal meaning must be revised.
The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 421 of July 12, 2003 on the Amendments to the Rules of Sale of Individual Types of Commodities and the Regulation on the Licensing of Activities in Reproduction (Making Copies) of Audiovisual Pieces of Art and Phonograms on Any Media

Prohibits the sale of the copies of audiovisual pieces of art and phonograms when arranging retail trade outside the stationary trade outlets: at home, at the place of work and study, on transport, in the streets, in hawker booths and in other places.
Each copy of the audiovisual piece of art and phonogram must contain the name and place of location of the maker, license No., technical parameters of the audio or video medium, as well as information of the holder of the copyright and adjacent rights for the audiovisual pieces of art and phonograms. As to the copies of films, the seller must also provide information on the No. and date of the distribution certificate, film name, country and studio having issued the film, year of issue, as well as information on the main parameters, length (in minutes) and recommendations on viewer age restrictions.
When handing over the commodity to the buyer, the seller must check the integrity of the package, and, if the buyer wishes so, provide for the opportunity to view the fragments of the audiovisual piece of art or phonogram.
The mentioned requirements and terms are the license ones, and the failure to observe them may bring about license revocation.

Direction of the Central Bank of Russia No. 1288-U of June 3, 2003 on the Amendments to the Instruction of the Bank of Russia No. 102-I of July 22, 2002 on the Rules of Issue and Registration of Securities by Credit Organisations on the Territory of the Russian Federation

The amendments provide for the uniform opportunities to take investment decisions for securities of credit organisations available in public circulation and securities of other types of issuers proceeding from the uniform amount of disclosed information.
The Direction changes the procedure of issue arranged by credit organisations, endorsement of the documents sent to the body in charge of the registration to register the issues of securities, composition of information included in the prospectus, including the cases of its registration. Envisages opportunities to issue options.
The prospectus is extended to include information on the financial and economic standing of the issuer for the five most recent finished fiscal years. The prospectus must also contain consolidated financial reports for the most recent three finished fiscal years including the figures for its branches and dependent companies.
Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4865.

Order of the Russian Patent Agency No. 82 of June 6, 2003 on the Rules of Drawing up, Submission and Examination of the Request for the Patent for an Invention

The rules specify the procedure of drawing up, submission of the request and its examination by the federal body in charge of the intellectual property. In particular, define the terms and time limits for information search to determine the level of equipment to compare the novelty and level of the declared invention. Define the particulars of submission and examination of the international request.
Registered in the Ministry of Justice of the Russian Federation on June 30, 2003. Reg. No. 4852.

Decision of the Government of the Russian Federation No. 422 of July 14, 2003 on the Amendments to the Decision of the Government of the Russian Federation No. 318 of March 15, 1997

Pursuant to the entering into force of the Federal Law on the amendments to the Federal Law on the individual (personified) record keeping in the system of the state pension insurance, provides the new wording of the Instruction on the procedure of keeping of individual (personified) records of information of the insured persons for the purposes of obligatory pension insurance.
The Decision changes the time of submission of information on insurance contributions to the Pension Fund of Russia. From January 1, 2003, organisations must submit information to the Pension Fund of Russia of the accrued and paid contributions for each employee once a year - no later than March 1. Earlier, there was a norm stating that the report to the Pension Fund must have been submitted once in six months.
Provisions of the Instruction regulating the keeping of the professional part of the individual personal account of the insured apply from the day of entry into force of the Federal Law on professional pension systems.

Decision of the Government of the Russian Federation No. 418 of July 11, 2003 on the Procedure of Import to the Russian Federation of Irradiated Fuel Assemblies of Nuclear Reactors

The import and export of irradiated assemblies and products of processing are carried out on the basis of international treaties and foreign-trade contracts concluded with organisations especially authorised by the Government of the Russian Federation. The import is permitted in the presence of the positive statement of the state ecological expert evaluation, as well as in the presence with the authorised organisations of appropriate licenses within the limits allocated by the Government of the Russian Federation on the annual basis.
The import of irradiated fuel assemblies on the basis of the earlier concluded foreign-trade contracts is carried out according to the procedure of accepting for subsequent processing at Russian enterprises of the spent nuclear fuel of foreign nuclear stations and return of the accumulated during processing radioactive waste and materials available at the moment of conclusion of the mentioned foreign-trade contracts.

Decision of the Government of the Russian Federation No. 417 of July 11, 2003 on the Amendments to the Customs Tariff of the Russian Federation

From August 1, 2003, introduces for five months the rates of import customs duties for individual types of commodities of Heading 0201 of the Foreign Trade Commodity Nomenclature of the Russian Federation (bovine meet, fresh or chilled) in the amount of 60% of the customs cost, however, not less than EUR 0.8 per kg.
Commodities classified under Subheadings 0201 10 000 1, 0201 20 200 1, 0201 20 300 1, 0201 20 500 1, 0201 20 900 1, 0201 30 000 1 are imported using the earlier available rate (15% of the customs cost, however, not less than EUR 0.2 per kg), however, in the presence of the license of the Ministry of Economic Development of the Russian Federation while observing the total volume of import in the amount of 11.5 tons per year.
The Decision is entered into force from the day of its official publication except for the individual provisions entered into force from August 1, 2003.

Order of the Ministry of Finance of the Russian Federation No. 51n of June 16, 2003 on the Special Registration of Organisations and Independent Entrepreneurs Carrying out Operations with Precious Metals and Precious Stones

Special registration is arranged for the organisations regardless of their organisational and legal form envisaging military service in them and independent entrepreneurs extracting, producing, processing and applying precious metals and precious stones for industrial, scientific, military, medical, educational and socio-cultural purposes, using as bail or accepting as bail, buying, selling them, exporting, storing, transporting precious metals and precious stones, as well as purveying, providing initial processing and/or processing their stored scrap and waste of precious metals and waste of precious stones.
Besides, special registration is arranged for organisations and independent entrepreneurs using items of precious metals and their alloys in equipment (glass-melting devices, melting pots, catalyst meshes, thermocouples, laboratory glassware for analyses and other auxiliaries of laboratory and industrial equipment).
The special registration is also arranged for natural persons (if they wish so) not registered as independent entrepreneurs, however, making profit from activities associated with the use of precious metals and precious stones (creative workers).
The special registration is vested in the Russian State Assay Chamber of the Ministry of Finance of the Russian Federation operating through state inspections of assay enforcement.
The earlier issued by the state inspections of assay enforcement registration certificates preserve their force until expiry.
Registered in the Ministry of Justice of the Russian Federation on July 10, 2003. Reg. No. 4883.

Order of the Ministry of Finance of the Russian Federation No. 30n of April 8, 2003 on the Endorsement of the Rules of Organisation of the Work of the Ministry of Finance of the Russian Federation to Execute the Court Rulings under the Claims against the Russian Federation Treasury to Reimburse the Damage Incurred on the Citizen or Legal Entity by Illegal Actions (Failure to Act) of the Bodies of State Power or Officials of the Bodies of State Power

Defines the procedure of organisation of the work of the Ministry of Finance of the Russian Federation in execution of the court rulings under the claims against the Russian Federation Treasury to reimburse the damage incurred on the citizen or legal entity as a result of illegal actions (failure to act) of the state bodies or officials of these bodies, including the issue of the act of the state body not complying with the law or other legal act, as well as the damage incurred on the citizen as a result of illegal conviction, illegal detention as a preventive measure, illegal administrative sanctions in the form of arrest or corrective labour, as well as the damage incurred on the citizen or legal entity as a result of the mentioned illegal actions or failure to act. The Order lists the documents to be submitted by the collecting party to the Ministry of Finance of the Russian Federation.
According to the Statement of the Ministry of Justice of the Russian Federation No. 07/4443-YuD of May 5, 2003, the present Order does not need the state registration.

Letter of the Ministry of Taxation of the Russian Federation No. SA-6-04/750@ of July 7, 2003 on the Taxation for the Unemployed

Payments from the federal budget to support the incomes of the unemployed taking part in public works are regarded as payments excluded from the taxable base for the income tax of natural persons.

Letter of the Ministry of Labour of the Russian Federation and the Social Insurance Fund of the Russian Federation No. 02-08/10-1322P of May 30, 2003

Explains individual issues of payment for the additional expenses for the rehabilitation of the persons having become the victims of industrial accidents and occupational diseases before the signs of the permanent loss of professional abilities are revealed. The payment by the insurer for the rehabilitation measures in such cases does not contradict the actual legislation and is arranged on the commonly accepted terms if the institution of the medical and social expert evaluation established the need for the appropriate rehabilitation measures during the period of temporary disability of the victim. The certification of the victim in the institution of the medical and social expert evolution during the period of temporary disability to establish the need for the appropriate rehabilitation measures is arranged on the basis of the appeal of the insurer.

Decision of the Management Board of the Pension Fund of Russia No. 90p of June 21, 2003 on the Endorsement of the Explanation on the Procedure of Application of the Rules of Calculation and Payment of Insurance Contributions for Obligatory Pension Insurance in the Form of the Fixed Payment in the Amount Exceeding the Minimum Amount of the Fixed Payment Endorsed by the Decision of the Government of the Russian Federation No. 148 of March 11, 2003

The voluntary engagement in the legal relations in obligatory pension insurance is permitted for the citizens of the Russian Federation working outside it, having received the right for private entrepreneurial activities or other activities outside the Russian Federation in compliance with the legislation of the state where such activities are carried out.
The mentioned persons may pay insurance contributions for the period from January 1, 2002 if they engage in legal relations in obligatory pension insurance before the end of 2003.
Registered in the Ministry of Justice of the Russian Federation on July 15, 2003. Reg. No. 4900.

Direction of the Central Bank of Russia No. 1292-U of June 19, 2003 on the Procedure of Submission of the Documents to the Bank of Russia by a Non-Bank Credit Organisation for the Bank of Russia to Take the Decision to Assign the Status of a Bank to the Non-Bank Credit Organisation

Obtaining the status of a bank by a non-bank credit organisation is possible under the condition of observation by this organisation of the requirements regulating the procedure of licensing of bank activities for credit organisations expanding by getting additional licenses.
The time limit for examination in the Bank of Russia of the documents submitted to take the decision to assign the status of a bank to the credit organisation and issue the license for bank operations must not be greater than 90 calendar days from the date of arrival of the documents in the territorial institution of the Bank of Russia.
Consideration of the issue of the license for bank operations to a non-bank credit organisation is charged with the license fee in the amount of 0.01% of the amount of the registered capital of the credit organisation as shown in its charter.
The Direction is entered into force 10 days after its publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on July 15, 2003. Reg. No. 4899.

Order of the Ministry of Transport of the Russian Federation No. 145 of June 17, 2003 on the Amendments to the Order of the Ministry of Transport of the Russian Federation No. 3 of January 9, 1997

Enhances control over observation of the regime requirements in the transfer points of transport vehicles across the state border of the Russian Federation.
Complex checks of the observation of the regime shall be arranged in the transfer point at least once in a quarter. The complex checks shall be carried out by the assigned for this purpose representatives of the border guard control body.
In the transfer points, it shall be prohibited to be present on the regime territory without specified documents, with expired, incorrect documents, bring out material values, cargo, commodities and animals without appropriate accompanying documents, approach the places of the border guard control without the permission of the bodies of the border guard control, as well as hand over from the arriving in the Russian Federation and exiting the Russian Federation transport vehicles anything before the end of the border guard formalities and the end of the customs registration and control and other.
Registered in the Ministry of Justice of the Russian Federation on July 11, 2003. Reg. No. 4893.

Letter of the Ministry of Finance of the Russian Federation No. 28-05-01/1439/AP of July 14, 2003

Pursuant to the entering into force from September 9, 2003 of the provision stating that there must be at least five auditors on the payroll of the audit organisation, explains that in cases of failure to observe the mentioned license requirements, sanctions will apply to the license holders envisaged in the Federal Law on the licensing of individual types of activities.
Audit organisations must report within 15 days to the licensing body the changes of information in the register of licenses, including the information on the auditors on the payroll.

Decision of the Constitutional Court of the Russian Federation of July 18, 2003 on the Case of Constitutionality of Provisions of Article 35 of the Federal Law on Joint-Stock Companies, Articles 61 and 99 of the Civil Code of the Russian Federation, Article 31 of the Tax Code of the Russian Federation and Article 14 of the Code of Arbitration Procedures of the Russian Federation Pursuant to the Appeals of Citizen A.B.Borisov, ZAO "Media-Most" and ZAO "Moscow Independent Broadcasting Corporation"

The Constitutional Court of the Russian Federation recognised as not contradicting the Constitution of the Russian Federation the provision of Item 2 of Article 61 of the Civil Code of the Russian Federation stating that a legal entity may be liquidated at the decision of the court if there are multiple violations of the law in its activities, since the envisaged sanction - liquidation of the legal entity - may not be imposed for a single formal reason of multiple violations of the legislation, but must be applied according to the common legal principles of legal responsibility and be commensurable with the violations available with the legal entity and their consequences.
Also complying with the Constitution of the Russian Federation is recognised to be the norm contained in the interconnected provisions of Item 4 of Article 99 of the Civil Code of the Russian Federation and Items 5 and 6 of Article 35 of the Federal Law on joint-stock companies used as the grounds to liquidate the joint-stock company at the decision of the court if the cost of its net assets becomes lower than the minimum amount of the registered capital specified in the law. This is because the negative value of net assets as a formal prerequisite for the liquidation of the join-stock company is implied to reflect its actual financial insolvency, namely: absence of profitability, inability to execute its obligations to creditors and execute the duty to transfer obligatory payments if the stock-holders could take measures to improve the financial standing of the company or decide to liquidate it using appropriate procedure.
The revealed by the Constitutional Court of the Russian Federation constitutional and legal meaning of these norms is obligatory to all and excludes their any other interpretation in judicial practice.
The provision of Item 3 of Article 35 of the mentioned Law stating that the cots of net assets of the company is estimated using accounting records according to the procedure specified by the Ministry of Finance of the Russian Federation and the Federal Commission for Securities Market of the Russian Federation is also in compliance with the Constitution of the Russian Federation, since it does not prevent the arbitration courts to assess the financial standing of the joint-stock company taking into account economic criteria on the basis of the principle of competition.
Not contradicting the Constitution of the Russian Federation is the norm of the interconnected provisions of Subitem 16 of Item 1 of Article 31 of the Tax Code of the Russian Federation, Item 3 of Article 61 of the Civil Code of the Russian Federation and Item 6 of Article 35 of the Federal Law on joint-stock companies envisaging the right of the tax bodies to present in court for the reasons stated in the Law the demand to liquidate the joint-stock companies.
The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 428 of July 16, 2003 on the Endorsement of the Indexing Coefficients from August 1, 2003 for the Basic and the Insured Parts of the Labour Pension

From August 1, 2003, endorses the indexing coefficients of the basic and the insured parts of the labour pension in the amount of 1.08.

Order of the Committee of the Russian Federation for Financial Monitoring No. 73 of June 16, 2003 on the Endorsement of the Regulation on the Procedure of Implementation by the Committee for Financial Monitoring of Russia of Control over Execution by Organisations Carrying out Operations with Monetary Resources or Other Property, Where Enforcement Bodies Are Not Available, of the Legislation of the Russian Federation on the Countermeasures against Legalisation (Laundering) of Incomes Obtained in a Criminal Way and Financing of Terrorism

The objects of control of the Committee for Financial Monitoring of Russia and its interregional departments are leasing companies, pawnshops, organisations maintaining totalizators and bookmaker offices, as well as arranging lotteries and other games where the organiser disposes of the prize fund to participants, including the ones in the electronic form.
The control is arranged in the form of the checks. An on-site check may be carried out no more than once in six months for one organisation.
Registered in the Ministry of Justice of the Russian Federation on July 16, 2003. Reg. No. 4902.

Order of the Ministry of Finance of the Russian Federation No. 54n of June 23, 2003 on the Amendments to the Order of the Ministry of Finance of the Russian Federation No. 51n of June 11, 2002 on the Endorsement of the Rules of Building of Insurance Reserves for Other Than Life Insurance

The changes are stipulated by the entry into force from July 1, 2003 of the Federal Law No. 40-FZ of April 25, 2002 on the obligatory insurance of the civil responsibility of the owners of transport vehicles.
The list of insurance reserves now includes the losses equalisation reserve for obligatory insurance of the civil responsibility of the owners of transport vehicles, as well as the stabilisation reserve to compensate for the insurance expenses for the coming years.
The losses equalisation reserve is built within the first three years from the moment of introduction of the obligatory insurance of the civil responsibility of the owners of transport vehicles (i.e. from July 1, 2003) and serves to assess insurer obligations pertaining to forthcoming insurance payments if the occurred losses coefficient exceeds its estimated value.
The stabilisation reserve is built to compensate for the insurer expenses to make insurance payments in subsequent years and serves to assess insurer obligations pertaining to forthcoming insurance payments if there emerges a negative financial result of the implemented obligatory insurance of the civil responsibility of the owners of transport vehicles.
Registered in the Ministry of Justice of the Russian Federation on July 11, 2003. Reg. No. 4896.

Order of the Ministry of Education of the Russian Federation No. 2057 of May 13, 2003 on the Endorsement of the Form of the Summons Certificate Permitting to Get an Additional Leave at the Place of Work and Other Benefits Pertaining to Studies in a Higher Educational Institution with a State Accreditation

Endorses the form of the document permitting to get a number of benefits to employees sent to study by the employer or admitted independently to an institution of the higher professional education with a state accreditation regardless of their organisational and legal forms in intramural and extramural departments undergoing study successfully.
The form of the summons certificate may also be used for students undergoing study in a higher educational institution with a state accreditation in intramural department, combining work and study and getting additional education on conditions determined in the collective or labour contract.
Registered in the Ministry of Justice of the Russian Federation on July 11, 2003. Reg. No. 4889.

Decision of the Government of the Russian Federation No. 439 of July 17, 2003 on the Endorsement of the Rates of Export Customs Duties for Raw Oil and Oil Products from Bituminous Materials and Commodities of Oil Exported from the Territory of the Russian Federation Outside the Member-States of the Customs Union Agreements

Reduces the rate of the export customs duty for raw oil and oil products from bituminous materials (code according to the Foreign Trade Commodity Nomenclature of the Russian Federation 2709 00) from USD 26.8 to USD 25.1 per 1,000 kg.
Reduces from USD 24.1 to USD 22.6 per 1,000 kg the export duties for benzene, toluene, xylene, lubricants, propane, butanes, ethylene, propylene, butylene, butadiene, other liquefied gases, as well as xylenes, distillates, gas oils, liquid fuels and for some other commodities.
The Decision is entered into force from August 1, 2003.

Decision of the Government of the Russian Federation No. 434 of July 17, 2003 on the Amendments to the Decision of the Government of the Russian Federation No. 574 of July 27, 2002 and Its Prolongation for the Year 2003

Extends for the year 2003 the procedure of restructuring and writing off of the debts of legal entities, subjects of the Russian Federation and municipal formations in attracted to the Russian Federation tied foreign credits (borrowings) and credits (loans) in foreign currencies granted at the expense of the federal budget.
Sets forth that the restructuring of the debts may be prolonged for the year 2003 for borrowers having applied for the restructuring of the debt in 2002 if they submit the application to the Ministry of Finance according to the attached form within 3 months from the day of the official publication of the Decision.

Decision of the Government of the Russian Federation No. 431 of July 16, 2003 on the Amendments to the Customs Tariff of the Russian Federation

Prolongs the rates of the import customs duties for individual types of glycerol, resorcinol, oxalic acid, as well as pantyhose, tights for varicose veins and sleeves for lymph and vein insufficiency of the upper extremities.
The Decision is entered into force one month after from the day of its official publication.

Decision of the Government of the Russian Federation No. 430 of July 16, 2003 on the Interest-Free Budget Loans for the Complex of Measures to Prepare the Housing and Communal Objects for the Autumn and Winter Season of 2003-04 Granted to the Budgets of the Subjects of the Russian Federation

To implement the complex of measures to prepare the housing and communal objects for the autumn and winter period, Rbl 5,500 million are allocated as interest-free budget loans to the budgets of the subjects of the Russian Federation. The budgets loans are allocated first and foremost to repair and replace the worn out and wrecking networks of heat and water supplies, boiler units, thermal stations and steamshops.

Order of the State Customs Committee of the Russian Federation No. 660 of June 18, 2003 on the Amendments to the Order of the State Customs Committee of Russia No. 911 of October 8, 2000

Changes the procedure of the customs registration of the commodities imported to the Russian Federation as technical aid (assistance).
Exemption from the import customs duty and VAT applies to the imported as technical aid, intended for the state and municipal organisations: ambulance vehicles, as well as mobile diagnostics laboratories outfitted with special medical equipment obtained by medical institutions for own needs; cars for carrying 10 persons and more imported for nurseries, children's homes, nursing homes for the elderly and invalids; cars outfitted with lifting devices for the invalids imported for rehabilitation centres.
The Order is entered into force thirty days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on July 16, 2003. Reg. No. 4903.

Decision of the Government of the Russian Federation No. 442 of July 17, 2003 on the Trans-Border Cargo Transportation

Introduces the procedure of import and export of hazardous and other waste for the purposes of their ecologically safe use, as well as transit transportation.
Lists the types of hazardous waste permitted for moving through the Russian Federation under the license issued by the Ministry of Economic Development of the Russian Federation on the basis of the permission of the Ministry of Natural Resources of the Russian Federation. Transit transportation of hazardous waste over the territory of the Russian Federation is permitted on the basis of the Decision of the Ministry of Natural Resources of the Russian Federation.
The Decision is entered into force 3 months after the day of its official publication.

Decision of the Government of the Russian Federation No. 435 of July 17, 2003 on the Procedure and Terms of the Restructuring and Writing off of the Debts of Legal Entities, Subjects of the Russian Federation and Municipal Formations in 2003 under Attracted by the Russian Federation Tied Foreign Credits (Borrowings) and Credits (Loans) in Foreign Currency Granted at the Expense of the Resources of the Federal Budget

Defines the rules of the restructuring and writing off of the debts under attracted credits granted at the expense of the resources of the federal budget under the contracts (agreements) concluded before August 1, 1998 inclusive. The restructuring of the debts of the borrowers is arranged on the voluntary basis and only in cases if the financing (use of resources) under the credit is over and the schedule of redemption of the debt has been endorsed. The decisions on the restructuring are taken by the Ministry of Finance of the Russian Federation.
The rules do not apply to the borrowers having undergone the restructuring in 2002.

Decision of the Government of the Russian Federation No. 432 of July 16, 2003 on the Amendments to the Decision of the Government of the Russian Federation No. 602 of August 21, 2001 and Application of Its Individual Provisions

Changes the procedure of determination of the taxable base when calculating the value added tax for advance or other payments obtained by exporter organisations for the anticipated supplies of commodities subject to the 0% rate tax with the length of production cycle being greater than 6 months. The procedure applies from January 1, 2002 to the determination of the taxable base when calculating the value added tax for advance and other payments obtained by the Russian legal entities when fulfilling works (services) according to the endorsed list under the contracts concluded with foreign or Russian parties.
Endorses the list of works (services) fulfilled (rendered) directly in the outer space, as well as when carrying out a complex of preparatory works (services) on the ground stipulated technologically by and directly associated with the works (rendered services) carried out directly in the outer space with the length of production cycle being greater than 6 months. The given list is entered into force one month after the day of the official publication of the Decision, however, no sooner than the 1st of the subsequent tax period for the value added tax.
The Decision is entered into force from the day of its official publication.

Decision of the State Standards Committee of the Russian Federation No. 63 of June 27, 2003 on the National Standards of the Russian Federation

Beginning with July 1, 2003 (day of entry into force of the Federal Law on the technical regulation), the state and interstate standards introduced earlier and being in effect are recognised as national standards for application in the Russian Federation. They are applied on the voluntary basis except for the obligatory requirements permitting to achieve the goals of the legislation of the Russian Federation on technical regulation before the appropriate technical regulations are entered into force.

Letter of the Ministry of Taxation of the Russian Federation No. 05-2-12/224-U386 of May 27, 2003

Examines the issues of taxation of incomes of attorneys and attorney bureaus. Explains, in particular, that deductions from attorneys having founded an attorney bureau are regarded as tied receipts. According to Item 14 of Article 250 of the Tax Code of the Russian Federation, tied receipts used by non-commercial organisations for other than specified purposes are regarded as non-sale incomes to be recorded appropriately by the mentioned organisations when determining the taxable base for the profit tax from organisations. The taxpayers having received tied receipts shall present at the place of registration the report of the use of the received resources for the specified purposes in the tax declaration for the profit tax from organisations (Sheet 14).

Decree of the President the Russian Federation No. 793 of July 21, 2003 "Issues of Organisation of Alternative Civil Service"

The specially designated federal bodies of executive power in charge of organisation of alternative civil service are the Ministry of Labour of the Russian Federation (at the suggestion of the Government of the Russian Federation) and the Ministry of Defence of the Russian Federation.
The mentioned bodies shall provide within their sphere of reference for the execution of the legislation in the sphere of alternative civil service, fulfil normative regulation and other functions.
Since the Ministry of Defence of the Russian Federation is empowered with the functions of the specially designated federal body of executive power in charge of the organisation of alternative civil service, amendments are introduced in a number of normative acts defining the status of the given Ministry.
The Decree is entered into force from January 1, 2004.

Decision of the Government of the Russian Federation No. 444 of July 22, 2003 on the Writing off in 2003 of the Restructured Debts of Credit Organisations to the Federal Budget in Penalties and Fines

Defines the terms observation of which permits for the restructuring of the debts of credit organisations to the federal budget in penalties and fines. The debts to the budget may be written off only with credit organisations having concluded an accord and satisfaction agreement in compliance with the Federal Law on the restructuring of credit organisations under the condition of full and timely transfer by them of all current tax payments. In this case, it is necessary to redeem in advance the restructured debt and the debt in taxes and fees to the federal budget not only with credit organisations but also with their clients. In case of transfer of half of the debt within 2 years after conclusion of the accord and satisfaction agreement, half of the debt in penalties and fines is written off. In case of transfer of the whole of the restructured debt within 4 years after conclusion of the accord and satisfaction agreement, the debt in penalties and fines is written off completely.

Order of the Ministry of Internal Affairs of the Russian Federation No. 521 of July 5, 2003 on the Amendments to the Instruction Endorsed by the Order of the Ministry of Internal Affairs of Russia No. 605 of September 15, 1997

Until December 31, 2004, at the desire of the citizen travelling by the railway transport to the Kaliningrad Province in transit through the territory of Lithuania and back, photographs of children under 14 years of age being the citizens of the Russian Federation are pasted in his passport. The pasting of the photographs is vested in the body of internal affairs at the place where the citizen applies for it if he presents the documents confirming the citizenship of the Russian Federation with the child.
In cases of withdrawal by the body of internal affairs of the passport issued in violation of the specified procedure or drawn up on the lost (stolen) blank passport, the citizen gets the act of withdrawal of the passport. The act indicates the date, place, position and name of the persons having drawn up the act, full name of the person holding the passport, series and No. of the withdrawn passport and the reason of the withdrawal.
Registered in the Ministry of Justice of the Russian Federation on July 21, 2003. Reg. No. 4912.

Order of the Ministry of Finance of the Russian Federation No. 55n of June 30, 2003 on the Endorsement of the Regulation on the Procedure of Calculation of the Net Financial Result Obtained from the Temporary Placing of the Amounts of Insurance Contributions to Finance the Accumulated Part of the Labour Pension Received in the Pension Fund of the Russian Federation During the Fiscal Year and Not Yet Handed over in Trust Control of the Management Companies Selected in Contests and the State Management Company

Defines the principles, procedure and figures of the estimated net financial result obtained from the temporary placing of the amounts of insurance contributions to finance the accumulated part of the labour pension received in the Pension Fund of the Russian Federation during the fiscal year and not yet handed over in trust control of the management companies selected in contests and the state management company.
The net financial result is calculated as the difference between the incomes and expenses of the Pension Fund of the Russian Federation pertaining to the obligatory accumulated financing of the labour pension.
Registered in the Ministry of Justice of the Russian Federation on July 21, 2003. Reg. No. 4911.

Order of the Ministry of Finance of the Russian Federation No. 58n of July 4, 2003 on the Organisation of Work in Redemption of the Promissory Notes of the Ministry of Finance of Russia Series I-APK, II-APK, III-APK, IV-APK, V-APK and VI-APK

The mentioned promissory notes are presented by legal entities and natural persons for redemption to the Federal Treasury Department of the Ministry of Finance of the Russian Federation for the city of Moscow and the Moscow Province. The Order lists the documents to be presented together with the promissory notes and provides their forms.
For the purposes of taxation of the natural persons holding the promissory notes, the Federal Treasury Department presents to the tax bodies information on the amounts of payments made to the natural persons under the promissory notes indicating the passport data and the taxpayer identification No of the holder of promissory notes (if available), as well as the copies of the payment documents to transfer the resources to the holder of the promissory notes.
Registered in the Ministry of Justice of the Russian Federation on July 18, 2003. Reg. No. 4907.

Decision of the Ministry of Labour of the Russian Federation No. 42 of June 30, 2003 on the Endorsement of the List of Especially Important and Especially Challenging Works Permitting Expert Workers of Organisations of the Ministry of the Russian Federation for Civil Defence, Emergency Situations and Elimination of Consequences of Natural Disasters to Enjoy Monthly Tariff Rates (Salaries) of Grades 11 and 12 of the Uniform Tariff

The mentioned list now includes vehicle drivers, divers and firemen.
Registered in the Ministry of Justice of the Russian Federation on July 18, 2003. Reg. No. 4906.

Order of the Ministry of Public Health of the Russian Federation No. 308 of July 14, 2003 on the Medical Certification of the Impaired Condition

Endorses registration from 307/U "Act of the Medical Certification of the Impaired Condition of the Person Driving a Vehicle" and the Instruction for the medical certification of the impaired condition of the person driving a vehicle.
Provides criteria permitting to suggest driver's drunkenness to send him for medical certification. Such criteria include: smell of alcohol from the mouth, unstable standing, mumbling speech, hand fingers shaking, change of the face appearance, as well as inappropriate conduct.
The statement of the presence of alcoholic impairment is issued with the blood alcohol concentration of 0.5‰ and higher.

Information Letter of the Central Bank of Russia No. 24 of June 27, 2003 "Summary of the Practice of Application of the Regulation of the Central Bank of Russia No. 214-P of January 29, 2003 on the Procedure of Making Payments of Resident Legal Entities with Non-Residents in Foreign-Trade Deals Envisaging the Purchase and Subsequent Sale of Commodities Abroad without Importing to the Customs Territory of the Russian Federation"

Explains that residents may carry out the mentioned operations while presenting to the bank only the contract for the purchase of commodities abroad with a non-resident without importing them to the customs territory of the Russian Federation or only the contract for the sale of commodities to a non-resident outside the customs territory of the Russian Federation.
If there are new contracts concluded by the resident in addition (or changes to them) for commodities with advance payments made under export or import contracts, the authorised bank opens a new file to register information on the payments made earlier in execution of the obligations in the sheet of operations carried out under the contracts.
Monetary resources received under the mentioned contracts must be sold on obligatory basis at the internal currency market of the Russian Federation according to established procedure. Monetary resources received as advance or preliminary payments on the transit currency accounts of Russian intermediary organisations that must transferred to non-residents may be transferred to the order of these intermediary organisations in favour of non-residents before the obligatory sale.

Letter of the Ministry of Finance of the Russian Federation No. 03-01-01/08-176 of June 16, 2003

Explains the procedure of reorganisation and liquidation of the federal bodies of executive power and federal institutions, as well as recording of the mentioned procedures and their results in accounting work and reports. Lists the integral parts that must be present in the decision of the founder on the reorganisation or liquidation of the institution.
The founder shall register before the end of the fiscal year in its consolidated report information of the liquidation balance report pertaining to assets and liabilities as of the beginning of the year, as well as endorsed volumes of the limits of budget obligations, effected financing volumes, cash department and actual expenses of the current fiscal year of the liquidated institution or body of power.
The Letter provides the form of the sheet of transfer of cash department expenses during reorganisation of the budget-supported institutions.

Decree of the President of the Russian Federation No. 824 of July 23, 2003 on the Measures to Implement the Administrative Reform in 2003-2004

Defines priority directions of the administrative reform in 2003- 2004:
- restriction of the state inference in economic activities of entrepreneurial subjects, including the stopping of excessive state regulation;
- elimination of the redundancy of the functions and authority of the federal bodies of executive power;
- development of the system of self-regulating organisations in the economic sphere;
- delimitation of the organisation of the functions pertaining to the regulation of economic activities, enforcement and control, management of the state property and services to citizens and legal entities rendered by state organisations;
- termination of the process of delimitation of the authority between the federal bodes of executive power and the bodies of executive power of the subjects of the Russian Federation, optimisation of activities of the territorial bodies of the federal bodies of executive power.
The Decree is entered into force from the day of its official publication.

Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 11 of July 9, 2003 on the Practice of Examination by Arbitration Courts of Applications for Enforcement Measures Prohibiting General Meetings of Stock-Holders

Explains that enforcement measures must be linked directly to the subject of the dispute, commensurable with the declared claim, necessary and sufficient to ensure the execution of the court ruling or prevent the damage.
The court may not prohibit the joint-stock company, its bodies or stock-holders to hold the annual or extraordinary general meeting of stock-holders as an enforcement measure in disputes of appeals against the decisions of the management bodies of the joint-stock company, invalidation of the deals with the company stocks, of application of the consequences of invalidation of such deals, of invalidation of the issue of stocks of the join-stock company, as well as in other disputes.
However, the court may prohibit the annual or extraordinary general meeting of stock-holders to take decisions on individual issues of the agenda if these issues form the subject of the dispute or are directly associated with it.

Order of the State Customs Committee of the Russian Federation No. 620 of June 4, 2003 on the Endorsement of the Instruction on the Procedure of Carrying out the Military Medical Examination in the Customs Bodies of the Russian Federation

Defines the organisation and procedure of carrying out of the military medical (pilot medical) expert evaluation in the customs bodies of the Russian Federation.
The military medical expert evaluation is carried out to determine the fitness category of the citizens for the service in the customs bodies, as well as to determine the reasons of mutilations of the citizens (wounds, injuries and contusions), diseases associated with the service in the customs bodies.
Registered in the Ministry of Justice of the Russian Federation on July 23, 2003. Reg. No. 4915.

Decision of the Constitutional Court of the Russian Federation No. 13-P of July 18, 2003 on the Case of Constitutionality of Provisions of Articles 115 and 231 of the RSFSR Code of Civil Procedures, Articles 26, 251 and 253 of the Code of Civil Procedures of the Russian Federation, Articles 1, 21 and 22 of the Federal Law on the Prosecutor's Office of the Russian Federation Pursuant to the Requests of the State Assembly - Kurultay of the Republic of Bashkortostan, State Council of the Republic of Tatarstan and the Supreme Court of the Republic of Tatarstan

The norms of the RSFSR Code of Civil Procedures and the Code of Civil Procedures of the Russian Federation empowering the general jurisdiction court with authority to solve the cases challenging normative legal acts of the subjects of the Russian Federation are recognised as not complying with the Constitution of the Russian Federation inasmuch as they permit for the solving by the court of general jurisdiction of the cases challenging the constitutions and charters of the subjects of the Russian Federation.
Also contradicting the Constitution of the Russian Federation are recognised to be individual norms of the articles of the Federal Law on the prosecutor's office of the Russian Federation and the Code of Civil Procedures of the Russian Federation permitting the prosecutor to apply to court to invalidate normative legal acts of the subjects of the Russian Federation contradicting the law inasmuch as these norms permit the prosecutor to apply to the general jurisdiction court to recognise the provisions of constitutions and charters as contradicting the Federal Law.
The Decision is entered into force immediately after annunciation.

Order of the Ministry of Transport of the Russian Federation No. 153 of June 24, 2003 on the Endorsement of the Instruction for Recording Incomes and Expenses in Ordinary Types of Activities on the Highway Transport

Defines the procedure of recognising for the purposes of accounting work of expenses and incomes in cargo and passenger transportation on the highway transport, as well as other works and services, including the transportation and forwarding services, technological means of communication, loading and unloading works and other types of works and services (delivery of documents, cargo packaging, weighing etc.). Also defines the procedure of registration of incomes and expenses in highway transportation (other works and services provided on the highway transport).
The incomes and expenses are accepted for recording using the accrual method and are recognised in the reporting period when they occurred.
The Order introduces uniform approach to the composition and grouping of expenses for the main type of activities in cargo and passenger transportation on the highway transport (other works and services fulfilled on the highway transport).
Registered in the Ministry of Justice of the Russian Federation on July 24, 2003. Reg. No. 4916.

Letter of the Ministry of Finance of the Russian Federation No. 28-01-20/1402/AP of July 8, 2003

Explains individual issues of audit of credit organisations (bank/consolidated groups) and preparation of the audit statement on their financial (accounting) reports.
Provides examples of various ways of expressing of the opinion of the audit organisation on the validity of the financial (accounting) reports.
The explanations may be used by independent auditors in initiative audit of credit organisations (bank/consolidated groups).

Decree of the President of the Russian Federation No. 840 of July 25, 2003 on the Invalidation of Some of the Decrees of the President of the Russian Federation

Invalidates the Decree of the President of the Russian Federation No. 1006 of May 23, 1994 stating that credit organisations were to inform the tax bodies of operations carried out by natural persons (including non-residents) for USD 10,000 equivalent and greater. Also invalidates the provision of this Decree stating that the violation of the procedure of handling cash, as well as the failure to observe the procedure of cash operations in the Russian Federation by legal entities and independent entrepreneurs implies administrative responsibility in compliance with the legislation of the Russian Federation. At present, the similar provision is fixed in Article 15.1 and Article 15.2 of the Code of Administrative Violations of the Russian Federation.
The Decree is entered into force from the day of its signing.

Decision of the Ministry of Labour of the Russian Federation No. 45 of July 4, 2003 on the Endorsement of the Norms of Free Supplies of Washing and Decontamination Means to the Employees, Procedure and Terms of These Supplies

Endorses the new norms of free supplies of washing and decontamination means to the employees, as well as the procedure and terms of these supplies.
The washing and decontamination means include soap, protective cream for the hands, cleaning paste for the hands, regenerating cream for the hands. The Decision lists the works and industrial factors permitting to hand out the mentioned means.
Registered in the Ministry of Justice of the Russian Federation on July 15, 2003. Reg. No. 4901.

Decision of the Federal Commission for Power Supplies of the Russian Federation No. 47-t/5 of June 17, 2003 on the Endorsement of the Price List No. 10-01 "Tariff Rates for Cargo Transportation and Services of the Infrastructure Provided by the Russian Railways" (Tariff Guide 1, Parts 1 and 2)

Endorses the uniform obligatory tariff rates for the cargo transportation on the Russian railways and the services of the infrastructure provided by the Russian railways to be applied on all lines of the railways of the federal railway transport of wide or narrow tracks available in permanent operation.
The price list is entered into force 30 days after the day of its official publication.
Registered in the Ministry of Justice of the Russian Federation on July 9, 2003. Reg. No. 4882.

Decree of the President of the Russian Federation No. 841 of July 25,2003 on the New Name of the Subject of the Russian Federation in Article 65 of the Constitution of the Russian Federation

In view of the changing of the name of the Khanty-Mansi Autonomous District, Part 1 of Article 65 of the Constitution of the Russian Federation is changed to include the new name of the subject of the Russian Federation - the Khanty-Mansi Autonomous District of Yugra.

Order of the Ministry of Justice of the Russian Federation No. 176 of July 18, 2003 on the Amendments to the Order of the Ministry of Justice of the Russian Federation No. 84 of April 9, 2003

Changes the procedure of keeping of the Uniform State Register of Self-Regulating Organisations of Bankruptcy Commissioners. Specifies that the document confirming the entry of a non-commercial partnership in the register is the excerpt from the Uniform State Register of Self-Regulating Organisations of Bankruptcy Commissioners issued according to the provided form. Third parties shall get information on the inclusion of a self-regulating organisation in the register in the form of the certificate drawn up according to the form provided in the Order.
Registered in the Ministry of Justice of the Russian Federation on July 24, 2003. Reg. No. 4926.

Regulation of the Central Bank of Russia No. 232-P of July 9, 2003 on the Procedure of Building of Reserves for Possible Losses by Credit Organisations

Specifies the new procedure of building of reserves for possible losses by credit organisations and control over observation of the mentioned procedure by the Bank of Russia.
Possible losses of a credit organisation include the risk of losses in the future because of the following circumstances (one or more):
- failure to fulfil obligations by contracting parties under the deals (carried out operations);
- reduced cost of assets of the credit organisation;
- increased volume of obligations and/or expenses of the credit organisation as compared to the earlier recorded ones in the accounting work.
The reserve for possible losses is built for balance assets implying the risk of losses, for conditional obligations of the credit nature recorded on off-balance accounts, for futures deals to be executed by the parties no sooner than the third working day after the day of conclusion, as well as for other possible losses.
When determining the amount of the reserves for possible losses, credit organisations shall classify individual elements of the estimate base of the reserve as one of the five risk groups. The new Regulation changes the structure of the risk groups and the amount of the reserve.
Information on the reserves as of the 1st of the month following the reported one must be submitted according to the provided form on the monthly basis (earlier, each quarter) no later than the 10th of the month following the reported one.
The Regulation is entered into force from March 1, 2004.
Registered in the Ministry of Justice of the Russian Federation on July 24, 2003. Reg. No. 4922.

Order of the State Customs Committee of the Russian Federation No. 642 of June 9, 2003 on the Endorsement of the Rules of the Customs Registration and Customs Control of Commodities and Transport Vehicles Moved Across the Customs Border of the Russian Federation Using Preliminary Information Presented by the Customs Services of Foreign States

Specifies the particulars of the customs registration and control of commodities and transport vehicles using preliminary information presented by foreign customs bodies. To apply this procedure, it is necessary that transportation and commodity-accompanying documents indicate the identification No. assigned at the dispatch of the transport vehicle from the territory of the foreign state. In this case, the Russia importing organisation must be included in the list built by the State Customs Committee of the Russian Federation and must use automatic accounting and warehouse recording system, as well as provide access to it to the authorised officials of the customs body.
Specifies that when the commodities are placed under the delivery-under-customs-control procedure, as well as during temporary storage of commodities, the measures ensuring observation of the customs legislation do not apply. Temporary storage of commodities is permitted at the recipient warehouses. The declaring of commodities when they are placed under the chosen customs regime may be arranged using preliminary customs declaration.
The rules apply until December 31, 2003.
The Order is entered into force 30 days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on July 24, 2003. Reg. No. 4918.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 73 of July 24, 2003 on Some Issues of Application of Parts 1 and 2 of Article 182 and Part 7 of Article 201 of the Code of Arbitration Procedures of the Russian Federation

If the applicant presents a claim to the court to recognise as illegal the failure to act of a state body (official) expressed in the refusal to return (reimburse, pay out) from the budget a certain amount of money, and the mentioned demand is satisfied, such decision of the court shall be executed according to the common rule specified in Part 1 of Article 182 of the Code of Arbitration Procedures of the Russian Federation, i.e. after its entry into force. Such position is stipulated by the fact that the actual goal of the applicant is collection (reimbursement) from the budget of the monetary resources not paid out because of the illegal (according to the applicant) failure to act of a particular state body (official). This kind of interest is of proprietary nature regardless of whether it is protected by presenting a demand to collect (reimburse) appropriate monetary resources to the court or by presenting the demand to recognise as illegal the failure to act of a particular state body (official).

Letter of the Ministry of Finance of the Russian Federation No. 06-10-25/153 of July 15, 2002 on the Financing at the Expense of the Resources of the Federal Budget of Individual Works in Construction and Capital Repair

Explains issues pertaining to the financing in 2002 of construction and erection works carried out with own resources, to construction, reconstruction, technical modernisation, expansion and capital repair of the objects of industrial and non-industrial destination, as well as to the maintenance of the companies in the form of budget-supported institutions and capital construction departments or sections of budget-supported institutions in charge of the technical enforcement at objects financed at the expense of the state capital investments.
When allocating expenses for construction and erection works for construction projects and objects carried out with own resources, the same items and subitems of the economic classification of expenses of the budgets of the Russian Federation are used as when these works are carried out on contractual basis. An exception is made for the earnings of the workers, administrative and management and production personnel of the construction division, as well as for individual specialists of budget-supported institutions engaged in acceptance, storage of materials and equipment, equipment supplies and other.

Letter of the Ministry of Finance of the Russian Federation No. 02-08-10/751 of June 4, 2003 on the Financing of Individual Works in Construction and Capital Repair at the Expense of the Resources of the Federal Budget and Other Sources

Explains individual issues pertaining to the financing in 2003 of works in capital construction, capital and current repair including those carried out with own resources. Emphasises, in particular, that for construction projects and objects of budget-supported institutions included in the federal tied investment program, it is not envisaged to carry out works with own resources.