Monitoring of the Federal Legislation dated 26.11.2003

Ruling of the Constitutional Court of the Russian Federation No. 317-O of October 2, 2003 on the Refusal to Accept for Consideration of the Appeal of the OOO Lukoil-Western Siberia against Violation of Its Constitutional Rights and Freedoms by the Provisions of Subitem 5 of Item 1 of Article 21 and Item 1 of Article 78 of the Tax Code of the Russian Federation

According to the applicant, the challenged provisions of the Tax Code of the Russian Federation do not permit to implement the right of the taxpayer for an offset or return of the excessively paid amounts of indirect taxes.
The Constitutional Court indicated that the legislator does not associate directly implementation of the taxpayer right for an offset or return of the excessively paid excise duty tax with the return or non-return of these amounts by him to the buyers of excisable goods. Meanwhile, simultaneous return from the budget to the applicant as a payer of the excise duty tax of excessively paid amounts of the excise duty tax (or an inclusion of this amount in the future payments) while shifting all amounts of excise duty taxes to the buyers of excisable goods without returning to these buyers of the part of the excise duty tax excessively paid by the taxpayer would mean an ungrounded profiteering on the part of the payer of the excise duty tax. Thus, the provisions of the law challenged by the applicant are aimed at protection of the rights of taxpayers and, therefore, cannot be regarded as violating the constitutional rights of the applicant. The appeal was refused consideration.

Decision of the Management Board of the Pension Fund of Russia No. 139p of October 1, 2003 on the Procedure of Providing Information by the Insurers on Included in the (Insured) Length of Work Periods of Work and/or Other Activities Available with All Insured Persons Working with Them before Their Registration in the System of Obligatory Pension Insurance

Defines the rules of providing information by the insurers to the territorial bodies of the Pension Fund of Russia on included in the (insured) length of work periods of work and/or other activities available with all insured persons working with them before their registration in the system of obligatory pension insurance. The procedure applies to the insurers, insured persons paying insurance contributions independently or having engaged in legal relations in obligatory pension insurance on the voluntary basis, as well as to non-working insured persons.
The mentioned information is presented from August 1, 2003 through July 1, 2004. As a first priority, information is presented by organisations with positions (occupations) permitting for an early assigning of the old-age labour pension, organisations undergoing liquidation, including bankruptcy proceedings, as well as small businesses.
Registered in the Ministry of Justice of the Russian Federation on November 21, 2003. Reg. No. 5254.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-05/591 of November 3, 2003 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-05/649 of November 13, 2002

Refines the procedure of filling of the tax declaration for the uniform social tax by independent entrepreneurs, heads of peasant (farmers') enterprises and attorneys. Changes the figures and codes of lines of Page 3 of the declaration, as well as the procedure of filling of this part of the declaration.
Registered in the Ministry of Justice of the Russian Federation on November 21, 2003. Reg. No. 5253.

Order of the Ministry of Finance of the Russian Federation No. 91n of October 13, 2003 on the Endorsement of the Methodology Directions on the Registration of Fixed Assets in Accounting Work

Defines the procedure of registration of fixed assets in accounting work according to the accounting Regulation PBU 6/01 "Registration of Fixed Assets".
The Methodology Directions apply to organisations being legal entities except for the credit organisations and budget-supported institutions. The Methodology Directions do not apply to machines, equipment and other similar items registered as finished items at the warehouses of producer organisations, as commodities at the warehouses of organisations engaged in trade activities. The document does not apply either to items handed over for installation, or intended for installation, while in travel, as well as capital and financial investments.
When entering in accounting records the assets as fixed assets, it is necessary that the following conditions are fulfilled simultaneously:
- use of products in production, when carrying out works or rendering services or for the management needs of the organisation;
- use for a long time, i.e. the period of effective use with the length greater than 12 months, or during an ordinary operation cycle if it is greater than 12 months;
- the organisation does not plan subsequent resale of the given assets;
- potential to produce profit (incomes) for the organisation in the future.
The Order is entered into force from January 1, 2004.
Registered in the Ministry of Justice of the Russian Federation on November 21, 2003. Reg. No. 5252.

Order of the State Customs Committee of the Russian Federation No. 1218 of October 29, 2003 on the Endorsement of the Forms of Documents

Endorses the form of the act of the customs body of the expiry of the period of collection of commodities and transport vehicles and the specimen of the notification of the customs body of the expected handing over of commodities and transport vehicles to the organisation authorised by the Government of the Russian Federation because of the expiry of the period of collection of commodities and transport vehicles by their legal owner.
The Order is entered into force from January 1, 2004.
Registered in the Ministry of Justice of the Russian Federation on November 20, 2003. Reg. No. 5250.

Decision of the Federal Commission for Securities Market No. 03-42/ps of October 22, 2003 on the Procedure and Time Limits for Determination of the Cost of Net Assets of Joint-Stock Investment Funds, Cost of Net Assets of the Shared Investment Funds and the Estimated Cost of the Investment Share of the Shared Investment Fund

Specifies the procedure and time limits for the determination of the cost of net assets of joint-stock and shared investment funds, procedure of estimation of the average annual cost of these assets, as well as the procedure of drawing up of the certificate of their cost. Besides, defines the procedure and time limits for the determination of the estimated cost of the investment share of the shared investment fund.
The cost of net assets is determined as the difference between the cost of the fund assets and liabilities due for execution at the expense of the mentioned assets.
The Decision is entered into force from January 1, 2004.
Registered in the Ministry of Justice of the Russian Federation on November 20, 2003. Reg. No. 5247.

Decision of the Federal Commission for Securities Market No. 03-41/ps of October 22, 2003 on the Reports of the Joint-Stock Investment Fund and the Reports of the Management Company of the Shared Investment Fund

Defines the volume, time limits, form and procedure of submission to the Federal Commission for Securities Market of the Russian Federation of the reports of the joint-stock investment fund and the management company of the shared investment fund.
The joint-stock investment fund shall present on the monthly basis certificates of the cost of assets and net assets and appendices to them as of the last working day of the calendar month. The quarterly accounting reports of the fund, its management company, as well as the reports of the growth or reduction of the cost of the property available with the fund and on the holders of the fund stocks are presented on the quarterly basis.
Annual accounting reports of the fund and its management company, auditor statement as a result of the annual check, as well as the report of remuneration of the management company of the joint-stock investment fund and the management expenses of this fund are submitted on the annual basis.
The management company of the shared investment fund shall present on the monthly basis the balance report of the property comprising the shared investment fund, report of the growth or reduction of the cost of the property, certificates of the cost of assets and net assets of the fund and appendices to them as of the last working day of the calendar month, as well as the report of the holders of investment shares. To be presented on the quarterly basis are the quarterly accounting reports of the management company, report of the holders of investment shares of the periodic-redemption and closed-type shared investment funds. The annual accounting reports of the management company, auditor statement as a result of the annual check and the report of the remuneration of the management company and the fund trust control expenses are presented on the annual basis.
The Decision is entered into force from January 1, 2004.
Registered in the Ministry of Justice of the Russian Federation on November 20, 2003. Reg. No. 5246.