Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 2.12.2003

Federal Law No. 154-FZ of November 29, 2003 on the Augmentation of the Basic Part of the Labour Pension for Persons Living in the Regions of the Far North and Similar Localities

To compensate for the extra material and physiological burden for citizens living in the regions of the Far North and similar localities, the amount of the basic part of the labour pension (old-age, disability and lost bread-winner pensions) must be increased by applying regional coefficients. The mentioned procedure does not apply in cases of assigned pensions in compliance with the Federal Law No. 166-FZ of December 15, 2001 on the state pension support in the Russian Federation and in cases of other payments with amounts determined proceeding from the amount of the basic part of the labour old-age pension.
The Federal Law is entered into force from January 1, 2004.

Decree of the President of the Russian Federation No. 1410 of November 28, 2003 on the Invalidation of Some of the Decrees of the President of the Russian Federation

Invalidates from January 1, 2004 the Decree of the President of the Russian Federation No. 1482 of July 8, 1994 on the refinement of the state registration of enterprises and entrepreneurs on the territory of the Russian Federation.

Decision of the Government of the Russian Federation No. 724 of November 29, 2003 on the Particulars of Application of the Special Protection Measure for Poultry Meat

Institutes a new procedure of distribution among the supplier states of the import quota for the import of poultry meat in 2004. The main importer is the USA (771,900 tons). As before, the import of the poultry meat within the fixed quota is arranged on the basis of the license of the Ministry of Economic Development of Russia.
The Decision is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 723 of November 29, 2003 on the Regulation of the Import of Frozen Beef in 2004

In 2004, frozen beef will be imported using the rates fixed earlier for the year 2003. The beef imported using the 15% rate of the customs cost, however, not less than EUR 0.2 per kg, will be imported within the limits of the quota equal to 420,000 tons per year in the presence of the license issued by the Ministry of Economic Development of Russia. The largest part of the quota falls on the countries of the European Union, as well as Hungary, Cyprus, Malta, Poland, Slovakia, Slovenia, Czechia, and the Baltic states.
The Decision institutes a special procedure and time limits of issue of the license. Before August 1, 2004, the licenses will be issued for the import of 90% of the total volume of the quota to foreign-trade participants having drawn up the licenses for the import of frozen beef in 2003. The rest 10% of the beef volume will be sold at auction.
Frozen beef imported in excess of the fixed quota will be taxed at the rate of 60% of the customs cost, however, not less than EUR 0.6 per kg.
The Decision is entered into force from the day of its official publication with exceptions.

Decision of the Government of the Russian Federation No. 722 of November 29, 2003 on the Regulation of the Import of Fresh and Chilled Beef in 2004

In 2004, fresh and chilled beef will be imported using the rates specified earlier for the year 2003. Beef imported using the 15% rate of the customs cost, however, not less than EUR 0.2 per kg, will be imported within the limits of the quota equal to 27,500 tons per year in the presence of the license issued by the Ministry of Economic Development of Russia. The largest part of the quota falls on the countries of the European Union, as well as Hungary, Cyprus, Malta, Poland, Slovakia, Slovenia, Czechia and the Baltic states.
The Decision institutes a special procedure and time limits of issue of the license. Thus, before August 1, 2004, the licenses will be issued for the import of 90% of the total volume of the quota to foreign-trade participants having drawn up the licenses for the import of fresh and chilled beef in 2003. The rest 10% of the volume of beef will be sold at auction.
Fresh and chilled beef imported in excess of the fixed quota will be taxed at the rate of 60% of the customs cost, however, not less than EUR 0.6 per kg.
The Decision is entered into force from the day of its official publication with exceptions.

Decision of the Government of the Russian Federation No. 721 of November 29, 2003 on the Regulation of the Import of Pork in 2004

In 2004, pork will be imported using the rates specified earlier in 2003. Pork imported at the 15% rate of the customs cost, however, not less than EUR 0.25 per kg, will be imported within the limits of the quota equal to 450,000 tons per year in the presence of the license issued by the Ministry of Economic Development of Russia. The largest part of the quota falls on the countries of the European Union, as well as Hungary, Cyprus, Malta, Poland, Slovakia, Slovenia, Czechia, and the Baltic states.
The Decision institutes a special procedure and time limits of issue of the licenses. Thus, before August 1, 2004, the licenses will be issued for the import of 90% of the total volume of the quota for foreign-trade participants having drawn up the licenses for the import of pork in 2003. The rest 10% of the volume of pork will be sold at auction.
Pork imported in excess of the fixed quota will be taxed at the rate of 80% of the customs cost, however, not less than EUR 1.06 per kg.
The Decision is entered into force from the day of its official publication with exceptions.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 17 of November 20, 2003 on Some Issues of Judicial Practice Emerging in Labour Disputes Involving Joint-Stock Companies, Other Economic Partnerships and Companies

Explains that decisions on dismissal from occupied positions taken by authorised bodies or owners of property or persons (bodies) authorised by the owners and challenged by the heads of organisations, members of the collegiate executive bodies of organisations, as well as members of the boards of directors of organisations having concluded labour contacts with these organisations, fall in the sphere of reference of the courts of general jurisdiction and are examined by them as labour lawsuits of reinstatement at the place of work.
In such cases, the judge may not suspend the challenged decision on dismissal from work as a provisional remedy and oblige the defendant, as well as other persons, to permit the claimant to execute his former duties.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 18 of November 20, 2003 on the Admissibility of Cases Emerging in Maritime Claims

Explains individual issues pertaining to the earnings paid out to members of the vessel crew, repatriation expenses and social insurance contributions, as well as pertaining to reimbursement of the damage incurred on the life or health of a citizen on land or water by vessel operation.

Decision of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Higher Arbitration Court of the Russian Federation No. 19/20 of November 18, 20, 2003 on the Invalidation of the Decision of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Higher Arbitration Court of the Russian Federation No. 4/8 of April 2, 1997 on Some Issues of Application of the Federal Law on Joint-Stock Companies

The mentioned Decision is invalidated in pursuance of the amendments introduced in the Federal Law No. 208-FZ of December 26, 1995 on joint-stock companies, adoption of the Code of Administrative Proceedings of the Russian Federation.

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