Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 31.07.2003

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.

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