Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 10.12.2003

Federal Law No. 170-FZ of December 8, 2003 on the Amendments to the Federal Law on Arms

The Law is extended to include the new article stating that awarded arms may be obtained by the citizens of the Russian Federation as an award on the basis of a decree of the President of the Russian Federation, decision of the Government of the Russian Federation, award papers of the heads of foreign states and heads of governments of foreign states, as well as on the basis of orders of the heads of the state paramilitary organisations. Permission to keep and carry awarded arms is issued by the bodies of internal affairs at the place of residence. To get the mentioned permission, the citizens of the Russian Federation not being servicemen and employees of state paramilitary organisations must present to the bodies of internal affairs medical statement (earlier, the mentioned requirement was not present).
The selling, donation and inheriting of combat short-barrel awarded small arms are not permitted.

Federal Law No. 169-FZ of December 8, 2003 on the Amendments to Some of the Legislative Acts of the Russian Federation, As Well As on Invalidation of Legislative Acts of the RSFSR

The amendments are introduced in some of the legislative acts (Laws on the state duty, on banks and banking activities, on the state registration of legal entities, Criminal Code of the Russian Federation, Code of Administrative Violations of the Russian Federation and other) to ensure implementation of the procedure of state registration of independent entrepreneurs.
The RSFSR Law No. 2000-1 of December 7, 1991 on the registration fee from natural persons engaged in entrepreneurial activities and procedure of their registration is invalidated.
The Federal Law is entered into force from January 1, 2004 with exceptions.

Federal Law No. 168-FZ of December 8, 2003 on the Amendments to the Federal Law on the Budget of the Pension Fund of the Russian Federation for the Year 2003

Changes the structure of expenses for pension support for the year 2003. The changes pertain to additional payments in 2003 for obligatory medical insurance of non-working pensioners receiving old-age labour pensions.
Also introduces appropriate changes to the Fund budget because of the need to finance expenses for technical support of the measures to inform the insured persons of the balance of their individual personal accounts, accepting and processing of applications pertaining to obligatory pension insurance.

Federal Law No. 167-FZ of December 8, 2003 on the Insurance Tariff Rates for Obligatory Social Insurance against Industrial Accidents and Occupational Diseases for the Year 2004

In 2004, insurance contributions for obligatory social insurance against industrial accidents and occupational diseases are paid by the insurer according to the procedure and tariff rates specified in the Federal Law No. 17-FZ of February 12, 2001.
The Federal Law is entered into force from January 1, 2004.

Federal Law No. 164-FZ of December 8, 2003 on the Fundamentals of State Regulation of Foreign Trade Activities

Defines the fundamentals of state regulation of foreign trade activities, authority of the Russian Federation and the subjects of the Russian Federation in the foreign trade sphere to ensure favourable conditions for the foreign trade activities, as well as protection of economic and political interests of the Russian Federation.
Refines delimitation of the sphere of reference between the Russian Federation and the subjects of the Russian Federation, between the bodies of federal power in the foreign trade sphere.
Refines definitions of the main notions (foreign trade activities, import and export) and introduces a number of new ones (international transit, free trade zone, customs union).
Specifies the fundamentals of state regulation of foreign trade activities on the basis of customs tariff and non-tariff methods, as well as prohibitions and restrictions pertaining to services and intellectual property, and measures of economic and administrative nature.
The Federal Law is entered into force six months after the day of its official publication with exceptions.

Federal Law No. 162-FZ of December 8, 2003 on the Amendments to the Criminal Code of the Russian Federation

The amendments envisage age differentiation of juvenile delinquents (14-16 years, 17-18 years) defining the maximum terms of detention as six and ten years respectively regardless of the maximum punishment envisaged in the Article of the Criminal Code of the Russian Federation. Accordingly, provisions of Chapter 14 of the Criminal Code of the Russian Federation are corrected: imprisonment may not apply for the first minor and average-degree crime committed at the age of up to 16 and minor crime committed at the age of 16-18.
The grounds qualifying the actions of the culprit as a dangerous or especially dangerous repeated offence have changed. Article 18 now does not contain references to minor crimes. A uniform criteria is adopted to administer a heavier punishment in any repeated offence - at least one third of the maximum term of the heaviest punishment envisaged for the committed crime. Also, an opportunity to apply the rules specified in Article 64 of the Criminal Code of the Russian Federation assigning the punishment below the lowest limit is envisaged.
Not regarded as an excess of the limits of the necessary defence are the actions of the defending person if this person could not assess objectively the degree and nature of the assault because of its unexpectedness.
Such punishment as property confiscation is replaced with a fine as an additional punishment.
Fine amounts are expressed in absolute monetary figures, not minimum labour remuneration equivalent. The fine is collected proceeding from the earnings or other incomes of the convict.
Opportunities to administer corrective labour are enlarged, not only at the place of work of the convict but also in places defined by the bodies of local government in coordination with the bodies in charge of the execution of the punishment.
The Law refines the procedure of administration of the punishment in cases of combined crimes envisaged in Article 69 of the Criminal Code of the Russian Federation. The principle of absorption of a less severe punishment by a more severe one applies to average degree crimes, with the obligatory full or partial cumulative sentence applied only in cases of heavy or especially heavy crimes.
A number of changes are introduced in the Special Part of the Criminal Code of the Russian Federation. Articles of the Criminal Code of the Russian Federation on acquisitive crimes are supplemented with new qualifying signs, with the maximum sanctions for mischance crimes being reduced.
The Criminal Code of the Russian Federation now does not contain Articles 182 "Advertising Known to Be False" and 200 "Consumer Deceit". Responsibility for these deeds is envisaged in the Code of Administrative Violations of the Russian Federation. If the consumer deceit is assessed in excess of Rbl 500, it is to be qualified under Article 159 of the Criminal Code of the Russian Federation envisaged for fraudulent activities.
Criminal responsibility is envisaged for the failure to execute the duties of a tax agent and for the concealing of the monetary resources or property of an organisation or independent entrepreneur expected to be used for collection of taxes and/or fees.
Significant changes apply to the articles of the Criminal Code of the Russian Federation envisaging responsibility for illegal trafficking of narcotic substances. The new wording of these norms contains legislative criteria defining the large and especially large quantity of narcotic substances.
The Federal Law is entered into force from the day of its official publication with exceptions.

Federal Law No. 161-FZ of December 8, 2003 on the Bringing of the Code of Criminal Procedures of the Russian Federation and Other Legislative Acts in Compliance with the Federal Law on the Amendments to the Criminal Code of the Russian Federation

The Code of Criminal Procedures of the Russian Federation reflects the changes pertaining to the General and the Special Parts of the Criminal Code of the Russian Federation. In particular, since Articles 182, 200 and 265 are excluded from the Criminal Code of the Russian Federation, and Articles 199.1, 228.1 and 228.2 are added, and the structure of a number of other articles changed, there are adjustments introduced in the Code of Criminal Procedures of the Russian Federation pertaining to admissibility of criminal cases of the mentioned crimes.
Since such type of punishment as property confiscation is excluded from the Criminal Code of the Russian Federation, appropriate changes are introduced in the Code of Criminal Procedures of the Russian Federation, Criminal Execution Code of the Russian Federation, as well as the Federal Law on execution procedures. The new wording of Articles 31 and 32 of the Criminal Execution Code of the Russian Federation envisages introduction of execution of punishment in the form of a fine payment by instalments. The grounds to acknowledge the convict as avoiding the fine is the failure to pay within 30 days from the moment of entry of the sentence in legal force the full fine amount or the failure to pay on the monthly basis the fine amount specified by the court if there is an instalment schedule.
Since there are changes in the terms of administering of corrective labour, especially for the citizens without a permanent place of residence, in the places defined by the bodies of local government in coordination with the bodies in charge of the execution of the punishment in the place of residence of the convict, appropriate changes are introduced in Chapter 7 of the Criminal Execution Code of the Russian Federation "Execution of the Punishment in the Form of Corrective Labour".
A number of changes introduced in the Criminal Execution Code of the Russian Federation are aimed at mitigation of the terms of punishment in the form of imprisonment. In particular, more opportunities to use telephone communication are envisaged for the convicts, the number of meetings is increased (depending on the regime of the corrective institution).
Since Article 200 "Consumer Deceit" is excluded from the Criminal Code of the Russian Federation, the punishment for the respective administrative violation envisaged in Article 14.7 of the Code of Administrative Violations of the Russian Federation is made more stringent. To increase the responsibility for the failure to pay the administrative fine, the changes are introduced in Article 20.25 of the Code of Administrative Violations of the Russian Federation envisaging an administrative fine in double the amount of the unpaid administrative fine or an administrative arrest for up to fifteen days.
The Federal Law is entered into force from the day of its official publication with exceptions.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-02/614 of November 11, 2003 on the Endorsement of the Form of the Declaration for the Profit Tax from Organisations

Endorses the new form of the declaration for the profit tax from organisations.
The Order is entered into force from January 1, 2004.
Registered in the Ministry of Justice of the Russian Federation on December 4, 2003. Reg. No. 5294.

Instruction of the Central Bank of Russia No. 108-I of December 1, 2003 on the Organisation of Inspection Activities of the Central Bank of the Russian Federation (Bank of Russia)

Specifies the uniform procedure of complex and thematic checks of credit organisations (their branches), defines particulars of checking of execution of the normatives of obligatory reserves, operations with foreign currencies in cash, as well as the checking of branches and representations of authorised banks abroad.
Creates a complex mechanism of interaction of credit organisations and authorised representatives of the Bank of Russia in the course of checks of credit organisations (their branches). The new procedure increases requirements to the quality of the results of the checks and emphasises the qualitative assessment on the basis of a motivated judgment of the system of risk management and organisation of internal control, financial standing and prospects of work of credit organisations rather than revealing drawbacks, violations and incorrect records (reports) of credit organisations.
Specifies requirements to the procedure of planning and organisation of extraordinary checks of credit organisations (their branches), defines procedures of organisation of repeated checks of credit organisations (their branches).
The Instruction is entered into force 10 days after the day of official publication in the Herald of the Bank of Russia. The text of the Instruction has been published in the Herald of the Bank of Russia on December 9, 2003, No. 67.

Order of the Ministry of Taxation of the Russian Federation No. AS-3-29/486 of September 3, 2003 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-29/159 of April 2, 2003

Changes the procedure of sending of the tax payment demand, taking the decision to collect the tax, fee, as well as the penalty, at the expense of the monetary resources of the taxpayer organisation or tax agent organisation on the bank accounts and decision to suspend operations on taxpayer (payer of fees) or tax agent bank accounts. Excludes the provision stating that if the court usher returns the decision of the tax body on the collection of the tax (fee), as well as the penalty, unexecuted because of the violation of the time limit specified for submission of the execution document, impossibility to find the address or absence of property with the debtor, the tax body implements a complex of measures to initiate the bankruptcy procedure.

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