Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 30.06.2004

Federal Law No. 45-FZ of May 26, 2004 on the Amendments to the Federal Law on the Budget Classification of the Russian Federation

Envisages authority of the Government of the Russian Federation to amend the classification of incomes of the budgets of the Russian Federation, functional classification of expenses of the budgets of the Russian Federation and the economic classification of expenses of the budgets of the Russian Federation according to the procedure specified in the federal law on the federal budget for the appropriate fiscal year. Earlier, the Government of the Russian Federation could introduce changes in the classification of expenses only pertaining to tied items and types of expenses of the budgets of the Russian Federation for the current fiscal year.
The new wording is provided for the classification of incomes of the budgets of the Russian Federation.

Decision of the Government of the Russian Federation No. 257 of May 29, 2004 on the Securing of Interests of the Russian Federation As a Creditor in Bankruptcy Cases and Bankruptcy Proceedings

Before being converted into the Federal Tax Service, the authorised body in charge of representation of the claims in obligatory payments and the claims of the Russian Federation in monetary obligations in bankruptcy cases and bankruptcy proceedings is the Ministry of Taxation of Russia. From the moment of creation of the Federal Tax Service, the given service shall be the authorised body.
The Decision defines the rules of presenting and combining the claims pertaining to obligatory payments to the budgets of all levels, as well as the state non-budgetary funds, and the claims in monetary obligations to the Russian Federation in bankruptcy cases and bankruptcy proceedings.

Decision of the Government of the Russian Federation No. 256 of May 28, 2004 on the Endorsement of the Regulation on the Procedure for Undergoing Alternative Civil Service

The beginning of the alternative civil service of the citizens is considered to be the day of his departure to the place of alternative civil service shown in the order of the military commissariat, and the end - the day of the termination of the labour contract by the employer when the citizen is discharged from the alternative civil service.
The time limits of the alternative civil service are differentiated depending on the place of service and graduation from the educational institution and can be 18, 21, 36 and 42 months long.
The citizen undergoing alternative civil service is provided with an appropriate certificate. The main document of registration of the alternative civil service is the registration card.

Order of the State Customs Committee of the Russian Federation No. 615 of May 27, 2004 on the Obligatory Insurance of the Civil Liability of Owners of Transport Vehicles

The entry to the customs territory of the Russian Federation of transport vehicles (devices intended for transportation of people, cargo or equipment installed on them over the highways) is permitted if the persons driving them present insurance policies of obligatory insurance of the civil liability of owners of transport vehicles. The free space in the upper right corner of the transit declaration or the certificate of the import of the transport vehicle or the TIR book cover is used to record the number and date of issue of the insurance policy certified with the personal seal and signature of the official of the customs body.

Registered in the Ministry of Justice of the Russian Federation on May 31, 2004. Reg. No. 5803.

Decree of the President of the Russian Federation No. 701 of May 28, 2004 on the Invalidation of Some of the Acts of the President of the RSFSR and the President of the Russian Federation

Pursuant to the adoption of the Federal Law No. 131-FZ of October 6, 2003 on the general principles of organisation of local government in the Russian Federation invalidates a number of acts of the President of the RSFSR and the President of the Russian Federation.

The Decree is entered into force from the day of its signing.

Decree of the President of the Russian Federation No. 699 of May 28, 2004 on the Endorsement of the Regulation on the State Legal Department of the President of the Russian Federation

The State Legal Department of the President of the Russian Federation is an independent division of the Administration of the President of the Russian Federation. The Decree lists the main tasks and functions of the Department.

The Decree is entered into force from the day of its signing.

Decision of the Government of the Russian Federation No. 260 of June 1, 2004 on the Procedural Rules of the Government of the Russian Federation and the Regulation on the Office of the Government of the Russian Federation

Specifies the new rules of organisation of activities of the Government of the Russian Federation in implementation of their authority. Defines the procedure of planning, preparation and holding of sessions, drawing up of adopted decisions, introduction and processing of draft acts, work on the appeals of citizens and other issues.

Endorses the new Regulation on the Office of the Government of the Russian Federation. The Office is a state body created to ensure activities of the Government of the Russian Federation and arrange control over execution of their adopted decisions by the bodies of executive power.

Decision of the Government of the Russian Federation No. 252 of May 27, 2004 on Some Issues of Organisation of Activities of the Federal Service of Enforcement in the Sphere of Public Health and Social Development, Federal Service of Labour and Employment and the Federal Agency of Public Health and Social Development

The Federal Service of Labour and Employment assumes control over the territorial bodies of the abandoned Ministry of Labour of the Russian Federation in charge of employment of population, state enforcement and control over observation of the legislation of the Russian Federation on labour and labour safety (state labour inspections in the subjects of the Russian Federation, interregional state labour inspections) and of resolving of collective labour disputes, as well as the centres of employment of population.

The Federal Agency of Public Health and Social Development assumes control over the supervised by the abandoned Ministry of Labour of the Russian Federation other state institutions and federal state unitary enterprises.

Order of the State Customs Committee of the Russian Federation No. 570 of May 14, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 915 of August 21, 2003

Amends the procedure of filling of the cargo customs declaration. Refines the notion of the "single commodity consignment" in cases of import to the customs territory of the Russian Federation. Specifies that an electronic copy of the cargo customs declaration must be made when filling it. If the declaring party wishes so, it may get the software in the customs body free of charge permitting to fill out the cargo customs declaration and to make its electronic copy, or the customs body provides a special computer with installed necessary software.

The Instruction is extended to include the new section defining the rules of filling of the cargo customs declaration when declaring the Russian-made commodities placed under the duty-free trade customs regime. When declaring the mentioned commodities, the lists of commodities may be used instead of the additional sheets in the form of the inventories, specifications, packing sheets under the condition that these lists contain information necessary for the customs purposes: names of commodities, ten-digit classification codes, quantity in the main and additional units of measurement and the customs cost.

The Order is entered into force 90 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on June 1, 2004. Reg. No. 5808.

Order of the Ministry of Justice of the Russian Federation No. 107 of May 25, 2004 on the Endorsement of the Instruction on the Procedure of Handing out to Possessors of Rights to Their Written Applications of Copies of Contracts and Other Documents Describing the Essence of Unilateral Deals Committed in the Simple Written Form

Specifies the rules of handing out by the judicial institutions in charge of the state registration of the rights for immovable property and deals with it of copies of contracts, as well as other documents, describing the essence of unilateral deals committed in the simple written form. Defines the procedure of processing of applications to get a copy of the contract and to make a copy of the contract, as well as the reasons of refusal to hand out a copy of the contract and the procedure of drawing up of the notification of the refusal to hand out a copy of the contract.

The payment for the handed out copies of contracts is collected in the amounts specified by the subjects of the Russian Federation, however, within the limits of the maximum amounts of payment defined in the Decision of the Government of the Russian Federation No. 248 of February 26, 1998.

Registered in the Ministry of Justice of the Russian Federation on June 1, 2004. Reg. No. 5805.

Decision of the Government of the Russian Federation No. 263 of June 2, 2004 on the Council for Competition and Entrepreneurial Activities of the Government of the Russian Federation

The Council for Competition and Entrepreneurial Activities of the Government of the Russian Federation is a permanent advisory body created to provide for the practical interaction of the federal bodies of executive power, entrepreneurial community and the scientific public to work out proposals to create efficient mechanisms, improve competition potential of the economy and develop entrepreneurial activities in the Russian Federation.

The Council is headed by the Chairman of the Government of the Russian Federation.

Decision of the Government of the Russian Federation No. 259 of June 1, 2004 on the Procedure for Writing off of Debts in Penalties and Fines from Organisations of Strategic Significance for the National Security of the State or Social and Economic Significance Where the Decisions on the Restructuring of the Debts in Taxes and Fees to the Federal Budget, As Well As the Debts in Accrued Penalties and Fines, Were Taken by the Government of the Russian Federation

The debts of the mentioned organisations in penalties and fines are written off after the Government of the Russian Federation takes the decision on the restructuring of the appropriate part of the debts of these organisations in taxes and fees to the federal budget and its redemption within 2 (half of the debts) or 4 years (full redemption of the debts). The writing off is carried out under the condition of making current tax payments in full amount by organisations and absence of debts in the payment of interest.

The Decision provides the rules of preparation of materials to specify the special terms of writing off of the restructured debts in penalties and fines.

Direction of the Central Bank of Russia No. 1425-U of April 28, 2004 on the Procedure for Carrying out Currency Operations in Transactions between Authorised Banks

No restrictions apply to the following currency operations in transactions between authorised banks committed by them in their name and at their own expense:

- operations qualified as bank operations in compliance with the legislation of the Russian Federation;

- operations of execution of obligations to pay out foreign currency under guaranty and bail contacts, execution of guarantor recourse claims;

- operations of purchase from third-party authorised banks, as well as the cession to third-party authorised banks for foreign currency, of monetary claims;

- operations of payments in foreign currency under financial leasing contracts;

- operations with external securities;

- operations of payments in foreign currencies in operations with internal and external securities;

- operations of attraction of monetary resources in foreign currencies in the from of credits;

- operations of trust control of monetary resources;

- operations of payment of commission (payment for the services of the authorised bank);

All other currency operations are carried out by the authorised banks according to the procedure specified for the resident legal entities not being authorised banks.

The Direction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5822.

Decision of the Constitutional Court of the Russian Federation of June 3, 2004 on the Case of Constitutionality of Provisions of Subitems 10, 11 and 12 of Item 1 of Article 28, Subitems 1 and 2 of Article 31 of the Federal Law on Labour Pensions in the Russian Federation Pursuant to the Requests of the State Duma of the Astrakhan Province, Supreme Court of the Udmurt Republic, Birobidzhan City Court of the Jewish Autonomous Province, Yelets City Court of the Lipetsk Province, Levoberezhny, Oktyabrsky and Sovietsky Regional Courts of the City of Lipetsk, As Well As Appeals of a Number of Citizens <br>

In the course of the investigation, the Constitutional Court of the Russian Federation has found out that the Law of the Russian Federation No. 340-I of November 20, 1990 on the state pensions in the Russian Federation permitted to assign the old-age labour pension ahead of the pension age to teachers and medics having worked in state institutions for more than 25 and 30 years. From January 1, 2002, there is a new Federal Law of December 17, 2001 on the labour pensions in the Russian Federation having disqualified from the early pension the citizens having worked in the child-care and medical institutions having been the structural divisions of state enterprises converted into joint-stock companies in the 90s.

Thus, the subject of the investigation of the Constitutional Court of the Russian Federation appeared to be interconnected normative provisions of Subitems 10, 11 and 12 of Item 1 of Article 28 of the Federal Law on labour pensions in the Russian Federation where they institute for the persons engaged in pedagogical, medical-treatment and creative activities as a prerequisite for assigning an early old-age pension before reaching the pension age availability of these activities only in state-run or municipal institutions.

The Constitutional Court of the Russian Federation recognised as not complying with the Constitution of the Russian Federation interconnected normative provisions of Subitems 10, 11 and 12 of Item 1 of Article 28 and Items 1 and 2 of Article 31 of the Federal Law on labour pensions in the Russian Federation.

According to the Decision, the periods of work of the persons engaged in pedagogical, medical-treatment and creative activities in appropriate non-state institutions must be taken into account when assigning the labour old-age pension before reaching the pension age. The cases of applicant citizens in this case must be revised according to established procedure.

Instruction of the Central Bank of Russia No. 113-I of April 28, 2004 on the Procedure of Opening, Closing, Organisation of Work of Exchange Offices and Procedure of Carrying out by Authorised Banks of Individual Types of Bank Operations and Other Transactions with Foreign Currencies in Cash and the Currency of the Russian Federation, Cheques (Including the Traveller's Cheques) with the Nominal Value in Foreign Currencies Involving Natural Persons <br>

Specifies the duty to draw up and hand over for expert evaluation by the authorised bank the document confirming the operation with foreign currencies in cash and payment documents in foreign currencies carried out by the natural person, except for the operations of acceptance of banknotes of foreign states (group of states) and the banknotes of the Bank of Russia permitting to doubt the authenticity, as well as to accept foreign currencies in cash and cheques for encashment. For individual operations (accepting and handing out of foreign currencies in cash to be entered on the accounts of natural persons), the document is drawn up and handed out to the natural person against his request. The Instruction does not contain a uniform form of the mentioned document, only its obligatory requisites. Since obligatory requirements to identify the clients by credit organisations are available in the legislation on the combating of legalisation (laundering) of incomes obtained in a criminal way, the Instruction abandon s the requirement on the issue of certificate Form 0404007 by the authorised banks.

There is a new provision permitting to carry out operations with foreign currencies in cash and cheques if the natural person presents the driver's license to the employee of the exchange office.

To reduce unreasonable expenses of the authorised banks opening exchange offices, the Instruction envisages a procedure of opening of exchange offices similar to the one specified by the Bank of Russia for operative cash departments beyond the front office.

Cash operations, including encashment, transportation and storage of cash and values for the exchange offices, and organisation of work with non-payable, doubtful currency notes and those bearing the signs of forgery are carried out according to the procedure specified in the Regulation of the Bank of Russia No. 199-P of October 9, 2002 on the procedure for carrying out cash operations in credit organisations on the territory of the Russian Federation. The Instruction does not contain the norms on registration of operations with foreign currencies in cash carried out in exchange offices and operative cash departments, as well as the norms pertaining to inspection checks of the mentioned bank divisions.

The Instruction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5824.

Decision of the Ministry of Labour of the Russian Federation No. 61 of April 26, 2004 on the Amendments to the Interim Criteria of Determination of the Loss of Professional Abilities As a Result of Industrial Accidents and Occupational Diseases Endorsed by the Decision of the Ministry of Labour and Social Development of the Russian Federation No. 56 of July 18, 2001 <br>

Changes the procedure of determination of the loss of professional abilities in percent. Specifies that the 60% loss of professional abilities with a moderate bodily impairment may be qualified in two more cases: if the victim can perform a job using professional knowledge and skills, however, with the qualification reduced by four tariff grades, as well as if the victim can perform easy, unqualified types of work using professional knowledge and skills.

Also specifies that the 40% loss of professional abilities is qualified if the victim can perform jobs using professional knowledge and skills, however, with qualification reduced by two tariff grades.

The Decision is entered into force from February 3, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5817.

Order of the Ministry of Finance of the Russian Federation No. 44n of May 12, 2004 on the Endorsement of the New Wording of the Typical Form of the Agreement on the Mutual Certification of Signatures Endorsed by the Order of the Ministry of Finance of the Russian Federation No. 79n of August 21, 2003 on the Endorsement of the Typical Form of the Agreement on the Mutual Certification of Signatures <br>

Provides the new wording of the typical form of the agreement on the mutual certification of signatures. The similar typical form endorsed by the Order of the Ministry of Finance of the Russian Federation No. 79n of August 21, 2003 on the endorsement of the typical form of the agreement on the mutual certification of signatures is invalidated.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5813.

Regulation of the Central Bank of Russia No. 256-P of April 28, 2004 on the Interim Procedure of Issue of Permissions to Open and Use Accounts in the Banks outside the Russian Federation by the Bank of Russia to Resident Legal Entities Not Being Credit Organisations and Currency Exchanges <br>

Permission to open and use a bank account of a resident in foreign currency in a non-resident bank outside the Russian Federation is issued by the Department of Currency Regulation and Currency Control of the Bank of Russia (to the federal and regional bodies of state power) or the territorial institution of the Bank of Russia at the place of the state registration of the resident (all other residents except for the credit organisations, currency exchanges and natural persons).

The permission must be obtained before the opening of the currency account and carrying out of operations with it. The Regulation lists the documents to be attached to the application for the permission. The application is drawn up in free form indicating information listed in the appendix to the Regulation.

The Bank of Russia, within two months from the date of submission of the application, must either issue the permission or send a motivated refusal to issue the permission. The Regulation lists the reasons of such refusal. In particular, the Bank of Russia may refuse to issue the permission to the resident if the application and the documents presented by the resident show that the resident may carry out currency operations using an account in the authorised bank. The Regulation provides the form of the quarterly report of the flow of resources on the currency account (OKUD code 0406004) submitted by the resident in compliance with the terms of the permission.

The earlier issued permissions preserve their force until expiry.

The Regulation is entered into force from June 18, 2004 and remains in force within one year from the day of entry into force.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5810.

Regulation of the Central Bank of Russia and the Ministry of Finance of the Russian Federation Nos. 257-P, 46n of May 20, 2004 on the Particulars of Payment and Cash Services Provided by the Divisions of the Payment Network of the Bank of Russia and Credit Organisations (Branches) for the Accounts of the Federal Treasury Bodies of the Ministry of Finance of the Russian Federation When the Chief Administrators, Administrators and Recipients of the Budget Resources Open Personal Accounts in the Federal Treasury Bodies of the Ministry of Finance of the Russian Federation.

Specifies the particulars of payment and cash services provided by the banks for the accounts of the federal treasury bodies of the Ministry of Finance of the Russian Federation when the recipients of the budget resources open personal accounts in the federal treasury bodies and the procedure of drawing up of payment and cash documents used by the banks to carry out operations on the accounts of the federal treasury bodies.

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 June 2, 2004. Reg. No. 5823.

Decision of the Ministry of Labour of the Russian Federation No. 55 of April 26, 2004 on the Endorsement of the Regulation on the Normative Amount of the Insurance Reserve and Its Building and Use Procedure

The insurance reserve is a part of pension reserves of non-state pension funds and is created by them to provide for the solvency and financial stability when fulfilling obligations under the non-state pension support contracts. The insurance reserve must not exceed the amount of the pension obligations cover reserves. The minimum normative amount of the insurance reserve must be at least 5% of the amount of the pension obligations cover reserves.

It is not permitted to include in the insurance reserve contributions allocated to build the pension obligations cover reserves. It is not permitted also to build the insurance reserve at the expense of the resources of the aggregate contribution of the fund founders.

Information on the amount of the insurance reserve is submitted by the funds to the authorised federal body in the framework of the annual accounting and special reports.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5811.

Federal Constitutional Law No. 3-FKZ of June 7, 2004 on the Amendment to Article 100 of the Federal Constitutional Law on the Constitutional Court of the Russian Federation

Refines the norms pertaining to the procedure of reimbursement of court expense of citizens and their groups when the Constitutional Court of the Russian Federation recognises a federal law or a law of the subject of the Russian Federation or their individual provisions as not complying with the Constitution of the Russian Federation. The mentioned persons shall get reimbursed from the resources of the federal budget or the budget of the appropriate subject of the Russian Federation: paid state duty, payment for the services of representatives, travelling and lodging expenses of applicants and their representatives pertaining to visits to court, postal expenses pertaining to case processing, as well as compensation for the actual loss of time. The procedure and amounts of the mentioned compensations must be specified by the Government of the Russian Federation before October 1, 2004.

Federal Law No. 46-FZ of June 7, 2004 on the Amendments to Article 75 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 and Article 259 of the Code of Civil Procedures of the Russian Federation

Omits the provisions stating that if the violations mentioned in the appeal (appeals) or the application against decisions and actions (failure to act) violating electoral rights of citizens and the right of citizens to participate in the referendum involve a significant number of citizens, or the violation acquired a special public significance because of other reasons, the Central Election Commission of the Russian Federation may appeal to the Supreme Court of the Russian Federation that must examine the appeal.

The mentioned provisions were recognised earlier as not complying with the Constitution of the Russian Federation by the Decision of the Constitutional Court of the Russian Federation No. 4-P of February 25, 2004.

Decision of the Government of the Russian Federation No. 262 of June 2, 2004 on the Amendments to the General Terms of Issue and Circulation of the State Savings Bonds

Provides the new wording for the procedure of issue and circulation of the federal state securities in roubles in the form of the state savings bonds. Introduces an opportunity of issue of short-term bonds. The volume of each issue is defined by the Ministry of Finance of the Russian Federation proceeding from the limiting volume of issue of the bonds specified by the Government of the Russian Federation for the appropriate year.

The list of the resident legal entities entitled to hold the bonds includes the Pension Fund of the Russian Federation and other state non-budgetary funds if the investing of the resources of the fund in the state securities is envisaged in the legislation.

Letter of the Ministry of Taxation of the Russian Federation No. 03-1-08/525/18 of February 26, 2004

Explains individual issues of filling of invoices to accept for exemption or reimbursement VAT amounts put forward by the seller to the buyer.

The mixed filling of the invoice (manually and using a computer) may be recognised as meeting the requirements of the tax legislation if such filling does not violate the sequence of entry, content and number of figures endorsed in the typical form of the invoice.

Decision of the Central Bank of Russia No. 1426-U of April 28, 2004 on the Adjustment of Individual Normative and Other Acts of the Bank of Russia

Pursuant to the entry into force of the Instruction of the Bank of Russia No. 113-I of April 28, 2004 on the procedure of opening, closing, organisation of work of exchange offices and procedure of carrying out of individual types of bank operations by authorised banks and other transactions with foreign currencies in cash and the currency of the Russian Federation, cheques (including traveller's cheques) with the nominal value in foreign currencies involving natural persons invalidates the Instruction of the Bank of Russia No. 27 of February 27, 1995 on the procedure of organisation of work of exchange offices on the territory of the Russian Federation, carrying out and registration of currency exchange operations by authorised banks, Regulation of the Bank of Russia No. 22 of May 10, 1994 on the procedure of registration of exchange offices of authorised banks.

The Direction is entered into force from June 18, 2004.

Letter of the Central Bank of Russia No. 58-T of June 2, 2004 on the Reports Submitted in Electronic Form

Before the issue of the new wording of the Instruction of the Bank of Russia No. 812-U specifying the procedure of acceptance of reports of credit organisations in electronic form, territorial institutions of the Bank of Russia may continue existing contractual relations and conclude new contracts with credit organisations in acceptance of reports in electronic form in compliance with this Direction.

Letter of the Central Bank of Russia No. 57-T of June 2, 2004 on the Particulars of Application by the Bank of Russia of Sanctions to Credit Organisations after Revealing the Facts of Building of Own Resources (Capital) (Part Thereof) Using Inappropriate Assets

Explains possible consequences of the failure to execute by credit organisations of the Regulation of the Bank of Russia No. 215-P of February 10, 2003 on the method of determination of own resources (capital) of credit organisations. Provides options of actions of the territorial institutions of the Bank of Russia when revealing the facts (signs) of building of sources of own resources (capital) (part thereof) using inappropriate assets.

Emphasises that the credit organisation must reflect in its accounting and other reports the amount of own resources (capital) defined by the Bank of Russia.

Decree of the President of the Russian Federation No. 728 of June 8, 2004 on the Invalidation of Some of the Decrees of the President of the Russian Federation on the Regulation of Lottery Activities in the Russian Federation

Pursuant to the adoption of the Federal Law No. 138-FZ of November 11, 2003 on the lotteries invalidates Decrees of the President of the Russian Federation No. 2049 of November 1, 1994 on the state regulation of sports and other types of lotteries and No. 955 of September 19, 1995 on the regulation of lottery activities in the Russian Federation.

The Decree is entered into force from the day of its signing.

Order of the Ministry of Finance of the Russian Federation No. 43n of April 30, 2004 on the Refining of the Norms of Expenses for Reception and Servicing of Foreign Inspectors, Observers and Members of Crews of Foreign Airplanes Arriving to the Territory of the Russian Federation to Control Observation of International Treaties on the Reduction of Armed Forces and Armaments and Enhancing of Credence Measures, As Well As Their Accompanying Persons and Interpreters

From July 1, 2004 increases the norms of expenses for reception and servicing of the mentioned persons. Thus, meals coverage for foreign inspectors, observers, members of crews of foreign airplanes, their accompanying persons and interpreters (per person per day) amounts to up to Rbl 730 if they arrive to Moscow (earlier, Rbl 470) and up to Rbl 660 in the places of inspection (earlier, Rbl 470).

Breakfast, lunch, dinner or another similar measure of official reception nature amounts to up to Rbl 890 (earlier, up to Rbl 520), buffet services during negations (per person per day including accompanying persons and interpreters) - up to Rbl 40 (earlier, up to Rbl 28). Labour remuneration to interpreters (against the bills of organisations, per hour) - up to Rbl 150 (earlier, up to Rbl 100).

Registered in the Ministry of Justice of the Russian Federation on June 8, 2004. Reg. No. 5831.

Order of the State Customs Committee of the Russian Federation No. 608 of May 25, 2004 on the Rules of Filling of the Cargo Customs Declaration When Declaring the Free Customs Zone and the Free Warehouse Customs Regimes

When filling out the cargo customs declaration for the commodities placed under the free customs zone and free customs warehouse customs regimes, one should use the Instruction on the procedure of filling of the cargo customs declaration endorsed by the Order of the State Customs Committee of the Russian Federation No. 915 of August 21, 2003 taking into account the following: when the commodities are placed under the free warehouse customs regime Column 49 "Warehouse Name" is used to enter information on the license for the institution of the free warehouse.

Registered in the Ministry of Justice of the Russian Federation on June 8, 2004. Reg. No. 5826.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-22/332@ of May 24, 2004 on the Amendments to Appendix 2 to the Order of the Ministry of Taxation of Russia No. BG-3-22/135 of March 26, 2003 on the Amendments to Appendix 1 "Ledger of Incomes and Expenses of Organisations and Independent Entrepreneurs Using the Simplified System of Taxation" and to Appendix 2 "Procedure of Recording of Economic Operations in the Ledger of Incomes and Expenses of Organisations and Independent Entrepreneurs Using the Simplified System of Taxation" to the Order of the Ministry of Taxation of Russia No. BG-3-22/606 of October 28, 2002

The Order of the Ministry of Taxation of Russia is being brought in compliance with the Decision of the Higher Arbitration Court of the Russian Federation on the case No. 14770/03 of January 22, 2004 stating that additional duty imposed on the entrepreneurs to record in the ledger of incomes and expenses the figures of economic activities other than those affecting the calculation of the taxable base and the amount of tax is not based on the norms of the Tax Code of the Russian Federation.

Column 6 used to record all expenses made as a result of entrepreneurial activities must be filled by organisations only. Obligatory for entrepreneurs is the filling of Column 7 showing expenses under Article 346.16 of the Tax Code of the Russian Federation.

Registered in the Ministry of Justice of the Russian Federation on June 8, 2004. Reg. No. 5828.

Letter of the Ministry of Taxation of the Russian Federation No. 09-0-10/2190@ of May 27, 2004 on the Submission of the Application for the Switchover to the Simplified System of Taxation Simultaneously with the Documents for the State Registration

Permits to submit the application for the switchover to the simplified system of taxation simultaneously with the packet of documents submitted at the state registration of the legal entity and natural person as an independent entrepreneur.

In this case, the application for the switchover to the simplified system of taxation of the newly created organisation (newly registered independent entrepreneur) does not show the OGRN, INN/KPP of the organisation (OGRNIP, INN of the independent entrepreneur).

Decision of the Government of the Russian Federation No. 274 of June 11, 2004 "Issues of the Ministry of Transport of the Russian Federation"

The Ministry of Transport of the Russian Federation is a federal body of executive power in charge of the working out of the state policy and normative and legal regulation in the sphere of air (civil aviation), sea, internal water, railway, highway and city electric (including the underground), industrial transport, highway maintenance, geodesy and cartography, as well as the names of geographic objects.

The Ministry shall coordinate and control the activities of supervised by it Federal Service of Enforcement in the Sphere of Transport, Federal Agency of the Air Transport, Federal Highway Agency, Federal Agency of the Railway Transport, Federal Agency of the Sea and River Transport and the Federal Agency of Geodesy and Cartography.

Direction of the Central Bank of Russia No. 1430-U of May 25, 2004 on the Amount of Payment for the Right of Use of Intraday Credits

To implement the mechanism of granting of intraday credits in compliance with the Regulation of the Bank of Russia No. 236-P of August 4, 2003 on the procedure of granting of credits backed with securities pledge (blocking) by the Bank of Russia to credit organisations, the payment for the right of use of the intraday credits is fixed in the zero amount.

The Direction 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 June 11, 2004. Reg. No. 5843.

Direction of the Central Bank of Russia No. 1444-U of June 11, 2004

From June 15, 2004 the interest rate for the overnight settlement credit of the Bank of Russia is fixed in the amount of 13% annual. Earlier (from January 15, 2004), the mentioned interest rate amounted to 14% annual.

Direction of the Central Bank of Russia No. 1443-U of June 11, 2004

From June 15, 2004 the rate of refinancing of the Bank of Russia is fixed in the amount of 13% annual. Earlier (from January 15, 2004), the rate of refinancing was fixed in the amount of 14% annual.

Federal Law No. 47-FZ of June 8, 2004 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Ukraine on the Settlement of Claims Having Emerged because of the Aerial Collision Occurred on October 4, 2001

Ratifies the Agreement on the settlement of claims having emerged because of the aerial collision occurred on October 4, 2001 signed in Moscow on December 26, 2003. Under the Agreement, Ukraine pays out to the Russian Federation a lumpsum settlement amount of USD 7,809,066.66 to be distributed between the relatives of the victims of the aerial collision.

Direction of the Central Bank of Russia No. 1437-U of June 7, 2004 on the Amendments to the Regulation of the Bank of Russia No. 205-P of December 5, 2002 on the Rules of Accounting Work in Credit Organisations Located on the Territory of the Russian Federation

The changes are introduced pursuant to the entry into force of the new Law on currency regulation and currency control having introduced new instruments of currency regulation: reservation and special bank accounts.

The chart of accounts in credit organisations is extended to include new Accounts 30227 "Resources of Clients Reserved for Currency Operations" (passive), 30228 "Amounts of Reservation for Currency Operations Transferred to the Bank of Russia" (active), 40818 "Special Bank Accounts of Non-Residents in the Currency of the Russian Federation" (passive) and 40819 "Special Bank Accounts of Residents in the Foreign Currency" (passive).

The Direction provides the description of the mentioned accounts.

The Direction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 11, 2004. Reg. No. 5840.

Direction of the Central Bank of Russia No. 1445-U of June 11, 2004.

From June 15, 2004, the normative of obligatory reserves for attracted resources of legal entities in the currency of the Russian Federation and for attracted resources of legal entities and natural persons in foreign currencies is reduced from 9% to 7%. The normative of obligatory reserves for the monetary resources of natural persons attracted in deposits in the currency of the Russian Federation is preserved at the 7% level.

Direction of the Central Bank of Russia No. 1438-U of June 9, 2004 on the Invalidation of Individual Normative Acts of the Bank of Russia

Pursuant to the entry into force of the Federal Law on currency regulation and currency control invalidates a number of acts of the Bank of Russia on the particulars of transactions of non-residents with securities of Russian issuers in the currency of the Russian Federation and conversion transactions (Regulation of the Bank of Russia No. 68-P of March 23, 1999), procedure of sale by the Bank of Russia of foreign currency to banks authorised to open and keep special type S accounts and acting in their own name by the order and at the expense of non-resident investors (Regulation of the Bank of Russia No. 69-P of March 23, 1999).

The Direction is entered into force from the day of its official publication in the Herald of the Bank of Russia.

Letter of the Ministry of Taxation of the Russian Federation No. 24-2-02/410 of May 27, 2004 on the Motivated Request of the Tax Body Sent to the Bank

The Tax Code of the Russian Federation does not contain restrictions pertaining to requests to banks for information on operations of organisations and independent entrepreneurs as being sent in the framework of the tax checks only, as well as restrictions on the types of operations and periods permitting the tax bodies to request the mentioned information. However, the sending of requests of the tax bodies to credit organisations must be motivated as pertaining to tax control measures carried out with regard to the taxpayers (payers of fees, tax agents). If the motivation of the need to present appropriate information is not available in the request of the tax body or in case of inappropriate motivation other than the one pertaining to the goals and tasks of the tax bodies, as well as if the particular period of requested information is not indicated in the request, such requests must not be executed by the banks.

Letter of the Ministry of Taxation of the Russian Federation No. 09-1-02/1911 of April 29, 2004 on the Issue of the State Registration

At present, information on the opening (closing) of bank accounts of legal entities and independent entrepreneurs is submitted by credit organisations to the tax bodies twice (in pursuance of Item 1 of Article 86 of the Tax Code of the Russian Federation and Article 5 of the Federal Law No. 129-FZ of August 8, 2001 on the state registration of legal entities and independent entrepreneurs). The Letter explains that the given information, to avoid its replication, must be presented once to the tax body at the place of location of the legal entity, at the place of residence of the independent entrepreneur within five days from the moment of opening (closing) of the account.

Decision of the Constitutional Court of the Russian Federation of June 17, 2004 on the Case of Constitutionality of Item 2 of Article 155, Items 2 and 3 of Article 156 and Paragraph 28 of Article 283 of the Budget Code of the Russian Federation Pursuant to the Requests of the Administration of St.Petersburg, Legislative Assembly of the Krasnoyarsk Territory, Krasnoyarsk Territorial Court and the Arbitration Court of the Republic or Khakassiya

The applicants challenged the provisions of the Budget Code of the Russian Federation stating that the Bank of Russia serves budget accounts and the credit organisations fulfill the mentioned functions of the Bank of Russia in cases of absence of institutions of the Bank of Russia on the appropriate territory or impossibility of fulfilling of these functions by them. According to the applicants, the mentioned provisions restrict the right of municipal formations to choose independently the credit institution for cash services for the budget functions, institute the priority right of the Bank of Russia as compared to the credit organisations (municipal or private), thus contradicting the constitutional principles of equal protection of all forms of property and financial independence of local government.

The Constitutional Court of the Russian Federation recognised that the challenged provisions do not contradict the Constitution of the Russian Federation since they do not violate financial independence of the subjects of the Russian Federation and municipal formations, as well as do not exclude an opportunity for them to open budget accounts on the contest basis in credit organisations in cases and according to the procedure specified in the federal law.

Not complying with the Constitution of the Russian Federation is recognised to be the provision of Paragraph 22 of Article 283 of the Budget Code of the Russian Federation stating that the opening of the budget accounts in credit organisations in the presence of divisions of the Bank of Russia on the appropriate territory may serve as grounds to apply enforcement measures for the violation of the budget legislation. The Constitutional Court of the Russian Federation emphasised that the given provision does not meet the definiteness requirements of the normative content.

The Decision is entered into force immediately after annunciation.

Decree of the President of the Russian Federation No. 726 of June 7, 2004 on the Endorsement of the Regulations on the Security Council of the Russian Federation and the Office of the Security Council of the Russian Federation, As Well As on the Amendments to and Invalidation of Individual Acts of the President of the Russian Federation

The Security Council of the Russian Federation is a constitutional body in charge of the preparation of the decisions of the President of the Russian Federation on the strategy of development of the Russian Federation, security of the vital interests of the person, society and the state against internal and external hazards, uniform state policy in the sphere of national security.

The office of the Security Council of the Russian Federation is an independent division of the Administration of the President of the Russian Federation (enjoying the rights of a department of the President of the Russian Federation).

The Decree is entered into force from the day of its signing.

Decision of the Government of the Russian Federation No. 278 of June 15, 2004 on the Endorsement of the Regulation on the Federal Service of Financial and Budget Enforcement

The Federal Service of Financial and Budget Enforcement is a federal body of executive power in charge of control and enforcement in the financial and budget sphere, as well as the currency control. The Federal Service is supervised by the Ministry of Finance of the Russian Federation.

The Federal Service enjoys broad authority, in particular, in control and enforcement of observation of the currency legislation of the Russian Federation by residents and non-residents (except for the credit organisations and currency exchanges), requirements of the acts of the bodies of currency regulation and currency control, as well as of compliance of the carried out currency operations with the terms of licenses and permissions. The Federal Service may arrange counterchecks in organisations of any forms of ownership, send to the checked organisations, their supervising bodies presentations obligatory for examination and orders obligatory for execution to eliminate revealed violations.

The Decision is entered into force from the day of its official publication.

Order of the State Customs Committee of the Russian Federation No. 590 of May 19, 2004 on the Endorsement of the Instruction on the Procedure of Filling of the Passenger Customs Declaration

Defines the rules of filling of the customs declaration by natural persons when declaring in written form commodities moved in accompanied luggage, unaccompanied luggage and hand luggage when crossing the state border of the Russian Federation. Provides the form of the passenger customs declaration. The declaration is used for the customs registration of commodities moved across the customs border by natural persons under the simplified procedure.

The Order is entered into force 90 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on June 11, 2004. Reg. No. 5838.

Federal Law No. 48-FZ of June 16, 2004 on the Ratification of the Agreement between the Russian Federation and the Republic of Uzbekistan on the Joint Use of the Air Force of the Russian Federation and the Air Defence and Air Force of the Republic of Uzbekistan to Ensure the Security of the Air Space of the Russian Federation and the Republic of Uzbekistan

Ratifies the Agreement signed in Moscow on October 19, 2001.

Direction of the Central Bank of Russia No. 1450-U of June 15, 2004 on the Invalidation of the Acts of the Bank of Russia

Pursuant to the entry into force of the Federal Law on currency regulation an currency control, invalidates from June 18, 2004 a number of acts of the Bank of Russia registered in the Ministry of Justice of Russia in 1996-2003.

The Instruction of the Bank of Russia No. 93-I of October 12, 2000 on the procedure of opening by the authorised banks of bank accounts of non-residents in the currency of the Russian Federation and carrying out operations on these accounts and the Regulation of the Bank of Russia No. 127-P of October 12, 2000 on the amendments to individual normative acts of the Bank of Russia pursuant to the adoption of the Instruction of the Bank of Russia on the procedure of opening by the authorised banks of bank accounts of non-residents in the currency of the Russian Federation and carrying out operations on these accounts No. 93-I of October 12, 2000 are invalidated from August 1, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5860.

Instruction of the Central Bank of Russia No. 117-I of June 15, 2004 on the Procedure of Submission by Residents and Non-Residents to the Authorised Banks of the Documents and Information When Carrying out Currency Operations, Procedure of Registration of Currency Operations by the Authorised Banks and Drawing up of Transaction Certificates

Defines the procedure of submission by residents and non-residents to the authorised banks of the documents and information when carrying out currency operations, as well as the procedure of registration of currency operations and the procedure of drawing up of transaction certificates by residents in the authorised banks when carrying out currency operations.

The residents, when carrying out the mentioned operations, shall submit to the authorised bank the certificate of identification by the types of currency operations of resources in foreign currencies received on the bank account or written off from the bank account of the resident opened in the authorised bank, which is the document confirming the carrying out of the currency operation. The Instruction provides the form and the procedure of drawing up of the certificate. The certificate is submitted by the resident when writing off of foreign currency from his account in the authorised bank or no later than within 7 working days from the day of receiving of foreign currency on his account in this bank.

The Instruction also defines the particulars of submission by the resident of the documents and information pertaining to the currency operations carried out between residents and non-residents when granting or getting credits and loans and of registration of the mentioned operations by the authorised banks.

Transaction certificates for the contracts drawn up before June 18, 2004 in compliance with the requirements of the Instruction of the Bank of Russia and the State Customs Committee of Russia No. 86-I and No. 01-23/26541 of October 13, 1999 and the Instruction of the Bank of Russia and the State Customs Committee of Russia No. 91-I and No. 01-11/28644 of October 4, 2000 shall preserve their force until redrawn. The Instruction specifies that transaction certificates must be redrawn no later than July 31, 2004.

The Instruction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5859.

Regulation of the Central Bank of Russia No. 259-P of June 7, 2004 on the Procedure of Redrawing by the Authorised Banks of Accounts of Non-Residents in the Currency of the Russian Federation Opened in the Authorised Banks Pursuant to the Adoption of the Instruction of the Bank of Russia No. 116-I of June 7, 2004 on the Types of Special Accounts of Residents and Non-Residents

Specifies the procedure of redrawing by the authorised banks of the rouble, type T accounts of non-residents, rouble correspondent accounts of non-resident banks, rouble, type I accounts of non-residents, rouble accounts of non-resident natural persons, type K, N, F accounts of non-residents in the currency of the Russian Federation opened according to the earlier specified procedure.

From the day of entry into force of the Instruction of the Bank of Russia No. 116-I, the authorised banks shall stop opening of accounts in the currency of the Russian Federation for non-residents in compliance with the earlier specified procedure. However, before August 1, 2004, the authorised banks must carry out all operations envisaged in appropriate account regimes. After this date, monetary resources received on the accounts of non-residents in the currency of the Russian Federation opened in compliance with the procedure specified earlier by the Bank of Russia must be returned to the payers except for a number of cases.

The Regulation is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5858.

Direction of the Central Bank of Russia No. 1440-U of June 10, 2004 on the Amendments to the Instruction of the Bank of Russia No. 93-I of October 12, 2000 on the Procedure of Opening by the Authorised Banks of Bank Accounts of Non-Residents in the Currency of the Russian Federation and Carrying out Operations on These Accounts

Invalidates the provision of Item 3.8 of the Instruction listing the conditions permitting to use monetary resources on type N accounts to buy foreign currencies at the internal currency market of the Russian Federation.

The Direction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5857.

Instruction of the Central Bank of Russia No. 115-I of June 7, 2004 on the Special Broker Accounts Used to Register Monetary Resources of Non-Residents

Specifies the procedure of using of the special broker accounts in the authorised banks to register monetary resources of non-residents in the currency of the Russian Federation in operations with securities. Professional participants of the securities market engaged in brokerage activities, when they commit civil transactions with securities in the name and at the expense of a non-resident client and/or in his own name and at the expense of a non-resident client on the basis of broker contracts with non-resident clients, must clear these transactions in the currency of the Russian Federation using special broker accounts. Depending on the type of securities, there are three types of the special broker accounts: S, A and O.

The Instruction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5856.

Direction of the Central Bank of Russia No. 1441-U of June 10, 2004 on the Amendments to the Instruction of the Bank of Russia No. 111-I of March 30, 2004 on the Obligatory Sale of the Part of the Currency Receipts of Residents at the Internal Currency Market of the Russian Federation

Specifies that the transit currency account is used to write off monetary resources to the special bank account of the resident in the foreign currency opened in the authorised bank to enter foreign currency other than the one to be entered on the current currency account of the resident.

The Direction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5855.

Instruction of the Central Bank of Russia No. 116-I of June 7, 2004 on the Types of Special Accounts of Residents and Non-Residents

Currency operations between the residents and non-residents pertaining to cashless payments are carried out using bank and special accounts. The Instruction specifies the following types of the special bank accounts of residents in foreign currencies opened in the authorised banks: Account F, Account R1 and Account R2. The Instruction also specifies the following types of the special bank accounts of non-resident in the currency of the Russian Federation opened in the authorised banks: Account S, Account A, Account O, Account V1, Account V2. Non-residents shall open the mentioned special bank accounts in the authorised bank under the condition of opening or availability of the opened in the given authorised bank accounts of non-residents in the currency of the Russian Federation. The Instruction defines the particulars of use of the given accounts.

Payments and transfers between resident and non-resident natural persons pertaining to the purchase and alienation of external securities (rights certified with external securities) for the amount of up to USD 150,000 within a calendar year shall be made by resident natural persons without the use of the special accounts.

The requirement on the opening of the special accounts specified in the Instruction does not apply to resident credit organisations.

The Instruction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5854.

Direction of the Central Bank of Russia No. 1446-U of June 11, 2004 on the Accounting Procedure in the Authorised Banks for Individual Types of Bank Operations and Other Transactions with Foreign Currencies in Cash and the Currency of the Russian Federation, Cheques (Including the Traveller's Cheques) in Foreign Currencies Involving Natural Persons

Pursuant to the adoption of the Instruction of the Bank of Russia No. 113-I of April 28, 2004, specifies the accounting procedure for individual types of bank operations and other transactions with foreign currencies in cash and the currency of the Russian Federation, cheques (including the traveller's cheques) in foreign currencies involving natural persons in the authorised banks, additional offices, credit and cash offices, operation departments outside the cash office, exchange offices and other internal structural divisions.

The Direction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5852.

Direction of the Central Bank of Russia No. 1447-U of June 11, 2004 on the Amendments to the Regulation of the Bank of Russia No. 205-P of December 5, 2002 on the Rules of Accounting Work in Credit Organisations Located on the Territory of the Russian Federation

The chart of accounts of credit organisations is extended to include new passive Accounts 30230 "Special Bank Accounts of Non-Resident Banks in the Currency of the Russian Federation", 30321 "Accounts of Non-Resident Banks in the Currency of the Russian Federation", 40820 "Accounts of Non-Resident Natural Persons in the Currency of the Russian Federation" and 40116 "Resources to Pay out Cash to Budget Recipients". The Direction provides description of the mentioned accounts.

The Direction is entered into force from June 18, 2004 except for the norms introducing Account 40116 (entered into force from July 1, 2004).

Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5851.


Direction of the Central Bank of Russia No. 1439-U of June 9, 2004 on the Invalidation of Individual Normative Acts of the Bank of Russia

Pursuant to the entry into force of the Federal Law on currency regulation and currency control, invalidates the Regulation of the Bank of Russia No. 123-P of October 3, 2000 on the procedure for foreign investments in the economy of the Russian Federation using resources available on the special, type S accounts of non-residents with amendments.

The Direction is entered into force from the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on June 16, 2004. Reg. No. 5850.

Regulation of the Central Bank of Russia No. 258-P of June 1, 2004 on the Procedure of Submission by Residents to the Authorised Banks of the Documents of Confirmation and Information Pertaining to Currency Operations with Non-Residents under Foreign-Trade Deals and of Implementation of Control by the Authorised Banks over the Carried out Currency Operations

The Regulation specifies the procedure of submission by residents to the authorised banks of the documents of confirmation and information pertaining to the currency operations carried out by residents with non-residents under foreign-trade deals envisaging the export or import of commodities, fulfilling of works, rendering of services, transfer of information and results of intellectual activities, including exclusive rights for them, as well as the procedure of implementation of control by the authorised banks over the mentioned currency operations.

The Regulation does not apply to the currency operations between a non-resident and a resident if the total amount of the contract is not greater than USD 5,000 equivalent as of the date of conclusion of the contract.

For the transaction certificates drawn up before July 31, 2004, the bank shall open and build a list according to the procedure specified in the Regulation no later than August 15, 2004 using software recommended by the Bank of Russia.

The Regulation is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 16, 2004. Reg. No. 5848.

Instruction of the Central Bank of Russia No. 114-I of June 1, 2004 on the Procedure of Reservation and Return of the Amount of Reservation in Currency Operations

Defines the procedure of reservation and return of the reserved amount in currency operations carried out by residents and non-residents, as well as when writing off or entering of monetary resources from the special account or on the special account of a resident or non-resident.

The residents and non-residents shall calculate independently the amount in the currency of the Russian Federation to be entered as the amount of reservation. In this case, the estimate of the amount of reservation is made as of the day of entry proceeding from the amount of operation and the amount of reservation specified by the body in charge of currency regulation. All payments (transfers) when entering or returning the amount of reservation are made according to the rules of cashless payments in the Russian Federation via a correspondent account of the authorised bank opened in the division of the payment network of the Bank of Russia at the place of location of the parent office.

The Instruction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 16, 2004. Reg. No. 5847.

Direction of the Central Bank of Russia No. 1433-U of June 1, 2004 on the Amendments to the Regulation of the Bank of Russia No. 199-P of October 9, 2002 on the Procedure of Cash Operations in Credit Organisations on the Territory of the Russian Federation

Pursuant to the entry into force on June 18, 2004 of the Federal Law on currency regulation and currency control, changes the procedure of carrying out of cash operations in credit organisations pertaining to operations with foreign currencies in cash and precious metals. The changes pertain to the procedure of accepting and handing out of foreign currency in cash, work with damaged, doubtful and bearing the signs of forgery currency notes of foreign states (group of states) in credit organisations. The Direction omits the provisions regulating acceptance, handing out and storage of precious metals.

Credit organisations, when carrying out operations of accepting, handing out of cash to natural persons, must identify them in compliance with the Federal Law on the combating of legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism.

The Direction specifies that the safety of the monetary resources and values, organisation of cash services for the clients, control over the collection of cash received in the cash departments of the credit organisation is vested in the head of the credit organisation only (earlier, also the chief of the cash department).

The Direction endorses the forms of the receipt and withdrawal orders used to accept and hand out cash to natural persons. Accepting of cash from a natural person to transfer money without the opening of the bank account, including those to make communal, tax and other payments, is arranged using the document intended for submission (filling) by the natural person when transferring money without the opening of the bank account. The form of the document is specified by the credit organisation.

To register the amounts of accepted cash to make transfers, the cash office employee shall keep a register containing information listed in the Direction. Having finished the operations, the cash office employee shall sign the register and hand it over to the accounting workers to draw up the receipt orders.

The new wording is provided for the following forms: certificate of accepted and handed out cash, accompanying sheet and the way-bill to the cash pouch, summary certificate of cash turnovers, cash ledger, act of expert evaluation of currency notes. Also provides the new forms of certificates of acceptance of doubtful currency notes for expert evaluation.

The Direction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 15, 2004. Reg. No. 5844.

Direction of the Central Bank of Russia No. 1451-U of June 15, 2004 on the Adjustment of Individual Acts of the Bank of Russia

Pursuant to the entry into force of the Federal Law on currency regulation and currency control, invalidates: Instruction of the Bank of Russia No. 7 of June 29, 1992 on the procedure of obligatory sale by enterprises, associations, organisations of the part of the currency receipts through the authorised banks and operations at the internal currency market of the Russian Federation, Regulation of the Bank of Russia No. 82-P of July 20, 1999 on the procedure of issue of permissions by the Bank of Russia for individual types of currency operations pertaining to capital flow, Regulation of the Bank of Russia No. 114-P of June 21, 2000 on the placing of foreign currencies from the special transit account on the deposit of the authorised bank by residents, Regulation of the Bank of Russia No. 129-P of December 21, 2000 on the issue of permissions by the territorial institutions of the Central Bank of the Russian Federation to resident legal entities to carry out individual types of currency operations pertaining to capital flow, Regulation of the Bank of Russia No. 142-P of July 5, 2001 on the procedure of carrying out by resident legal entities of currency operations of direct investments in the CIS countries and other acts.

The Direction is entered into force from June 18, 2004.

Direction of the Central Bank of Russia No. 1431-U of May 25, 2004 on the Invalidation of the Direction of the Bank of Russia No. 1170-U of June 24, 2002 on the Terms of Granting of Intraday and Overnight Credits of the Bank of Russia

Pursuant to the adoption of the Direction of the Bank of Russia No. 1430-U of May 25, 2004 on the amount of payment for the right of use of intraday credits, invalidates the Direction of the Bank of Russia No. 1170-U of June 24, 2002 on the terms of granting of intraday and overnight credits of the Bank of Russia.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Regulation of the Central Bank of Russia No. 260-P of June 15, 2004 on the Procedure of Redrawing by the Authorised Banks of Type S Accounts of Non-Residents Opened in the Authorised Banks Pursuant to the Adoption of the Instruction of the Bank of Russia No. 116-I of June 7, 2004 on the Types of Special Accounts of Residents and Non-Residents

Specifies the procedure of keeping of the special, type S accounts of non-residents in the currency of the Russian Federation by the authorised banks and type S accounts used to register securities opened in compliance with the earlier specified procedure.

From June 18, 2004 (date of entry into force of the Instruction of the Bank of Russia No. 116-I), the authorised banks shall stop opening of the mentioned accounts for non-residents. However, until August 1, 2004, the authorised banks must carry out all operations envisaged in the regimes of these accounts. After this date, operations on these accounts are stopped, and the monetary resources received on these accounts must be returned to the payer. The Regulation lists exclusive cases permitting to use these accounts.

The Regulation is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 18, 2004. Reg. No. 5863.

Information Letter of the Central Bank of Russia No. 6 of June 15, 2004 "Summary of the Practice of Application of the Federal Law on the Combating of Legalisation (Laundering) of Incomes Obtained in a Criminal Way and Financing of Terrorism"

If the credit organisation issues own promissory notes and the natural person buys them for cash, with the amount of this operation exceeding Rbl 600,000, the given operation is subject to control on obligatory basis and information on it must be sent to the authorised body.

The Letter explains that operations of purchase (sale) of foreign currencies (including the currency of the Russian Federation) carried out using bank accounts and deposits of natural persons (for example, deposit accounts or accounts for payments using bank cards) are not directly qualified as operations subject to obligatory control. However, in essence, such operation is similar to the operation of purchase or sale of foreign currency in cash. In this connection, credit organisations are recommended to enhance control over the mentioned operations.

Operations of entry of monetary resources on the account (writing off) carried out by a client of the credit organisation on the order of his partners (for example, under the trust, commission or agency contract or when the obligations are fulfilled by the third party) are not subject to obligatory control.

Federal Constitutional Law No. 4-FKZ of June 19, 2004 on the Amendments to the Federal Constitutional Law on the Government of the Russian Federation

Refines the provisions regulating relations of the Government of the Russian Federation, federal ministries and federal bodies of executive power supervised by the federal ministries, as well as specifies individual provisions pertaining to the federal bodies of executive power supervised by the President of the Russian Federation.

Sets forth that the Government of the Russian Federation may assign to positions and dismiss from them at the presentation of the federal ministers the heads of the federal bodies of executive power surprised by the federal ministries.

Federal ministers are empowered with the right to coordinate and control the activities of the federal bodies of executive power supervised by the federal ministries, as well as to assign to the position and dismiss from the position deputy heads of the bodies of executive power at the presentation of the heads of these bodies.

If there are changes in the system and structure of the federal bodies of executive power before adoption of the federal laws on the appropriate amendments to the federal laws, the Government of the Russian Federation is empowered with the right to redistribute the functions of the federal bodies of executive power specified in the federal laws. A similar norm is envisaged for the federal bodies of executive power supervised by the President of the Russian Federation.

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

Federal Law No. 54-FZ of June 19, 2004 on the Meetings, Rallies, Demonstrations, Marches and Picketing

The Law is intended to regulate the relations emerging when the citizens of the Russian Federation, political parties, public and religious associations arrange and hold meetings, rallies, demonstrations, marches and picketing carried out in the course of implementation of their rights fixed in the Constitution of the Russian Federation.

The Law defines the judicial mechanism of interaction of the bodies of state power, bodies of local government and their officials with organisers and participants of the public events, as well as the procedure of ensuring public order during the carried out public events and the reasons of their suspension or stopping.

The Law provides for the notification procedure for the arranged rallies, marches, demonstrations and picketing, i.e. there is no need to obtain preliminary permissions of the bodies of executive power and bodies of local government to arrange the given public measures. The notification of the arranged public event (except for the rally and picketing arranged by a single participant) is submitted by its organiser in writing to the body of executive power of the subject of the Russian Federation or the body of local government no sooner than 15 days and no later than 10 days in advance of the arranged public event. The public event may not begin earlier than 7 a.m. and end later than 23 p.m. of the current day local time.

The Federal Law lists the places and territories prohibited from public events.

Federal Law No. 53-FZ of June 19, 2004 on the Amendments to Individual Legislative Acts of the Russian Federation

Provides a deferment from the military service to the citizens elected in the deputies of the State Duma of the Russian Federation, deputies of the legislative (representative) bodies of state power of the subjects of the Russian Federation, higher officials of the subjects of the Russian Federation (heads of the higher executive bodies of state power of the subjects of the Russian Federation), deputies of representative bodies of the local government or the heads of municipal formations and implementing their authority on the permanent basis - for the time of their authority in the mentioned bodies.

The deferment is also granted to the candidates for the positions in the bodies of state power or bodies of local government occupied through direct elections for the time until the day of official publication (announcement) of the general results of elections inclusive, and in case of an early dropout - until the day of the dropout inclusive.

The Federal Law is entered into force from September 1, 2004.

Federal Law No. 52-FZ of June 19, 2004 on the Ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

Ratifies the Optional Protocol signed on behalf of the Russian Federation in New York on May 8, 2001. The document envisages recognition of the authority of the Committee on Elimination of Discrimination against Women to receive and process reports of victims of violation of the rights specified in the Convention.

Federal Law No. 51-FZ of June 19, 2004 on the Amendments to Article 12 of the Federal Law on the Civil Defence

Envisages the service of the commanders of the State Fire Service in the bodies in charge of the civil defence on the territories of the subjects of the Russian Federation, territories included in civil defence groups, as well as the assigning of the mentioned officials to positions of the heads of these bodies.

Federal Law No. 50-FZ of June 19, 2004 on the Amendments to Articles 1 and 10 of the Federal Law on the Justices of the Peace in the Russian Federation

Omits the provision stating that the judicial procedure implemented by the justices of the peace in cases of administrative violations may be specified by the subjects of the Russian Federation. This is in compliance with the Constitution of the Russian Federation stating that administrative law is supervised jointly by the Russian Federation and its subjects. Thus, independent regulation of the issues of administrative law by the subjects of the Russian Federation is not provided.

Also omits the provision stating that material and technical support of the work of the justices of the peace is vested in the judicial bodies.

Federal Law No. 49-FZ of June 19, 2004 on the Amendments to Articles 4, 14 and 21 of the Federal Law on the Veterans

Specifies that invalids of the Great Patriotic War and invalids of military actions includes the personnel of the institutions and bodies of the criminal execution system having become invalids because of the injury, contusion, mutilation or disease occurred during execution of service duties in the regions of military actions. The mentioned persons enjoy the benefits and measures of social protection of invalids specified in the Law on the veterans.

Decision of the Government of the Russian Federation No. 289 of June 17, 2004 on the Ministry of Culture and Mass Communication of the Russian Federation

The Ministry of Culture and Mass Communication is a federal body of executive power in charge of the working out of the state policy and normative and legal regulation in the sphere of culture, art, historical and cultural heritage and cinematography, means of mass communication and mass communication, archives and issues of inter-nationality relations.

The Ministry shall provide for the coordination of and control over activities of the supervised by it Federal Service of Enforcement of Observation of the Legislation in the Sphere of Mass Communication and Protection of Cultural Heritage, Federal Archive Agency, Federal Agency of Culture and Cinematography, Federal Agency of the Press and Mass Communication.

Decision of the Government of the Russian Federation No. 286 of June 16, 2004 on the Endorsement of the Regulation on the Federal Agency of Construction and the Housing and Communal Services

The Federal Agency of Construction and the Housing and Communal Services is a federal body of executive power in charge of the implementation of the state policy, rendering of state services, state property management in the sphere of construction, city planning, industry of construction materials and the housing and communal services.

The Decision specifies that the Federal Agency shall supervise on the temporary basis organisations having been supervised earlier by the State Construction Committee of the Russian Federation. The Federal Agency is also in charge of the licensing of activities in the designing and construction of buildings and structures of level I and II responsibility according to the state standard, in engineering surveys for construction of the mentioned buildings and structures.

Decision of the Government of the Russian Federation No. 284 of June 16, 2004 on the Endorsement of the Regulation on the Ministry of the Industry and Power Supplies of the Russian Federation

The Ministry of the Industry and Power Supplies is a federal body of executive power in charge of the working out of the state policy and normative and legal regulation in the sphere of the industry, defence industry and the fuel and power supply complexes, as well as in the sphere of development of aircraft equipment, construction, architecture, city planning, housing and communal services, technical regulation and uniform units of measurement, use of mineral deposits on the basis of product-sharing agreements, science and technology for the purposes of defence and state security.

The Ministry, within its sphere of reference, shall fulfil the functions of the federal body in charge of the technical regulation and the authorised body in charge of the product-sharing agreements for the parts of the mineral deposits of all kinds of mineral resources.

The Ministry shall provide for coordination of and control over the activities of supervised by it Federal Agency of the Industry, Federal Agency of Construction and the Housing and Communal Services, Federal Agency of Technical Regulation and Metrology, Federal Agency of Power Supplies.

Before the adoption of the appropriate normative act of the Government of the Russian Federation, the Ministry shall endorse quarterly schedules of transportation of oil over the system of mainlines taking into account the supplies of oil, oil products and liquefied hydrocarbon gases to the internal market.

Decision of the Government of the Russian Federation No. 280 of June 15, 2004 on the Endorsement of the Regulation on the Ministry of Education and Science of the Russian Federation

The Ministry of Education and Science is a federal body of executive power in charge of the working out of the state policy and normative and legal regulation in the sphere of education, scientific, scientific and technical and innovation activities, development of the federal centres of science and high technologies, state scientific centres and scientific cities, intellectual property, as well as in the sphere of youth policy, upbringing, trusteeship, social support and social protection of students of educational institutions.

The Ministry shall provide for the coordination of and control over the activities of supervised by it Federal Service of Intellectual Property, Patents and Trade-Marks, Federal Service of Enforcement in the Sphere of Education and Science, Federal Agency of Science and Innovations, and the Federal Agency of Education.

Decision of the Government of the Russian Federation No. 301 of June 17, 2004 on the Federal Service of Enforcement of Observation of Legislation in the Sphere of Mass Communication and Protection of Cultural Heritage

The Federal Service of Enforcement of Observation of Legislation in the Sphere of Mass Communication and Protection of Cultural Heritage is a federal body of executive power in charge of control and enforcement in the sphere of mass communication and protection of cultural heritage. The Federal Service is supervised by the Ministry of Culture and Mass Communication. The given body shall issue licenses (permissions) for the right of work in TV and radio broadcasting, reproduction (making copies) of audiovisual pieces of art and soundtracks on any media, as well as in public demonstration of audiovisual pieces of art if the mentioned activities are carried out in a cinema hall. The Federal Service shall control observation of license terms and requirements by the license holders and register mass media.

Decision of the Government of the Russian Federation No. 300 of June 17, 2004 on the Endorsement of the Regulation on the Federal Service of Enforcement in the Sphere of Education and Science

The Federal Service of Enforcement in the Sphere of Education and Science is a federal body of executive power in charge of control and enforcement in the sphere of education and science. The Federal Service is supervised by the Ministry of Education and Science.

Decision of the Government of the Russian Federation No. 299 of June 16, 2004 on the Endorsement of the Regulation on the Federal Service of Intellectual Property, Patents and Trade-Marks

The Federal Service of Intellectual Property, Patents and Trade-Marks is a federal body of executive power in charge of control and enforcement in the sphere of legal protection and use of objects of intellectual property, patents and trade-marks and results of intellectual activities available in economic and civil-and-legal circulation, observation of interests of the Russian Federation, Russian natural persons and legal entities when redistributing the rights for the results of intellectual activities, including those created in the framework of international scientific and technical cooperation. The Federal Service is supervised by the Ministry of Education and Science.

Decision of the Government of the Russian Federation No. 295 of June 17, 2004 on the Endorsement of the Regulation on the Federal Fishery Agency

The Federal Fishery Agency is a body of executive power in charge of the rendering of state services, state property management in the sphere of fishing industry, rational use, investigation, preservation and reproduction of water biological resources and their environment. The Federal Agency is supervised by the Ministry of Agriculture.

Decision of the Government of the Russian Federation No. 294 of June 17, 2004 on the Federal Agency of Technical Regulation and Metrology

The Federal Agency of Technical Regulation and Metrology is a federal body of executive power in charge of the rendering of state services, state property management in the sphere of technical regulation and metrology. The Federal Agency is supervised by the Ministry of the Industry and Power Supplies. The given body shall license activities in production and repair of the means of measurement, as well as fulfil the functions of state metrological control and enforcement. The Federal Agency shall also control and enforce observation of obligatory requirements of state standards and technical regulations before adoption of the decision on the transfer of these functions to other federal bodies of executive power by the Government of the Russian Federation.

Decision of the Government of the Russian Federation No. 293 of June 17, 2004 on the Endorsement of the Regulation on the Federal Agency of Use of Mineral Resources

The Federal Agency of Use of Mineral Resources is a federal body of executive power in charge of the rendering of state services and state property management in the sphere of use of mineral resources.
The Federal Agency is supervised by the Ministry of Natural Resources. The given body shall issue, draw up, register and redraw the licenses for the use of mineral resources, as well as introduce changes to them.

Decision of the Government of the Russian Federation No. 292 of June 17, 2004 on the Federal Agency of the Press and Mass Communication

The Federal Agency of the Press and Mass Communication is a federal body of executive power in charge of the rendering of state services, state property management in the sphere of the press, means of mass information and mass communication, including public-use computer networks in the sphere of electronic means of mass information, publishing and printing activities. The Federal Agency is supervised by the Ministry of Culture and Mass Communication.

Decision of the Government of the Russian Federation No. 291 of June 17, 2004 on the Federal Agency of Culture and Cinematography

The Federal Agency of Culture and Cinematography is a federal body of executive power in charge of the state property management, rendering of state services in the sphere of culture and cinematography. The Federal Agency is supervised by the Ministry of Culture and Mass Communication.

Decision of the Government of the Russian Federation No. 290 of June 17, 2004 on the Federal Archive Agency

The Federal Archive Agency is a federal body of executive power in charge of the rendering of state services, state property management in the sphere of archive work. The Federal Archive Agency is supervised by the Ministry of Culture and Mass Communication.

Decision of the Government of the Russian Federation No. 288 of June 17, 2004 on the Federal Agency of Education

The Federal Agency of Education is a federal body of executive power in charge of the state property management, rendering of state services in the sphere of education, upbringing, youth policy and development of publicly available educational resources. The Federal Agency is supervised by the Ministry of Education and Science. The given body shall arrange professional development and retraining of scientific and pedagogical workers of state institutions of higher professional education and state scientific organisations available in the system of the higher and post-graduate professional education.

Decision of the Government of the Russian Federation No. 287 of June 16, 2004 on the Endorsement of the Regulation on the Federal Agency of Power Supplies

The Federal Agency of Power Supplies is a federal body of executive power in charge of the rendering of state services, state property management in the sphere of production and use of the fuel and power supply resources. The Federal Agency is supervised by the Ministry of the Industry and Power Supplies.

Decision of the Government of the Russian Federation No. 285 of June 16, 2004 on the Endorsement of the Regulation on the Federal Agency of the Industry

The Federal Agency of the Industry is a federal body of executive power in charge of the rendering of state services, state property management in the sphere of mechanical engineering, metallurgy, chemical, petrochemical, bio-technology, medical, light, forestry, paper-and-pulp and wood-working, aircraft, ship-building, electronic industry, industry of the means of communication, radio industry, industry of ammunition and special chemistry, chemical disarmament, industry of conventional armaments, as well as the authorised (national) body of the Russian Federation in charge of the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. The Federal Agency is supervised by the Ministry of the Industry and Power Supplies.
    The Federal Agency is ordered to license on the temporary basis activities in the development, production, repair and utilisation of armaments and military equipment, production of cartridges and cartridge components, development and production of ammunition, utilisation of ammunition, production of pyrotechnic items, dissemination of Class IV and V pyrotechnic items in compliance with the state standard, works and services in storage, transportation and destruction of chemical weapons, production, storage, use and dissemination of explosives of industrial destination, development, production, testing and repair of the aircraft equipment, including the dual-use aircraft equipment, production of armaments and main parts of firearms.

Decision of the Government of the Russian Federation No. 283 of June 16, 2004 on the Endorsement of the Regulation on the Federal Forestry Agency

The Federal Forestry Agency is a federal body of executive power in charge of the implementation of the state policy, rendering of state services and state property management in the forestry sphere. The Federal Agency is supervised by the Ministry of Natural Resources. The given body may prohibit, if necessary for the period of a high fire hazard, to visit forests for the citizens and entry of transport vehicles in them, as well as the carrying out of certain types of works on individual sites of the forestry fund.

Decision of the Government of the Russian Federation No. 282 of June 16, 2004 on the Endorsement of the Regulation on the Federal Agency of Water Resources

The Federal Agency of Water Resources is a federal body of executive power in charge of the rendering of state services and state property management in the sphere of water resources. The Federal Agency is supervised by the Ministry of Natural Resources. The Federal Agency shall provide for the licensing of the use of water, as well as the registration of the contracts for the use of water objects.

Decision of the Government of the Russian Federation No. 281 of June 16, 2004 on the Federal Agency of Science and Innovations

The Federal Agency of Science and Innovations is a federal body of executive power in charge of the implementation of the state policy, rendering of state services, state property management in the sphere of scientific, scientific-and-technical and innovation activities, including the activities of the federal centres of science and high technologies, state scientific centres, unique scientific stands and installations, federal centres of collective use, leading scientific schools, new generation national research computer network and information support of scientific, scientific-and-technical and innovation activities. The Federal Agency is supervised by the Ministry of Education and Science.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-21/259@ of April 5, 2004 on the Endorsement of the Forms of Information on the Issued to Organisations, Independent Entrepreneurs, Natural Persons Licenses (Permissions) for the Use of Objects of Fauna, Amounts and Time Limits of Payment of the Fee for the Use of Objects of Fauna

In pursuance of Chapter 25.1 "Fees for the Use of Objects of Fauna and for the Use of Objects of Water Biological Resources" of the Tax Code of the Russian Federation, endorses three forms of information on the issued to organisations, independent entrepreneurs, natural persons licenses (permissions) for the use of objects of fauna, amounts and time limits of payment of the fee for the use of objects of fauna.
   Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5853.

Federal Law No. 57-FZ of June 21, 2004 on the Suspension of Item 3 of Article 13 of the Law of the Russian Federation on the Organisation of Insurance Activities in the Russian Federation

Until July 1, 2007 suspends the norm stating that insurers possessing life insurance licenses may not reinsure assumed property insurance risks from the day of entry into force of the Federal Law No. 172-FZ of December 10, 2003. The given norm is suspended for insurance organisations created before the entry into force of the mentioned Federal Law No. 172-FZ of December 10, 2003.
     
The Federal Law is entered into force from the day of its official publication and applies to legal relations emerging from the day of entry into force of the Federal Law No. 172-FZ of December 10, 2003.

Federal Law No. 56-FZ of June 21, 2004 on the Amendments to Articles 4 and 5 of the Federal Law on the Obligatory State Insurance of Life and Health of Servicemen, Citizens Called up for the Training Exercises, Soldiers and Officers of the Bodies of Internal Affairs of the Russian Federation, State Fire Service, Bodies in Charge of Control over Circulation of Narcotic Drugs and Psychotropic Substances, Employees of Institutions and Bodies of the Criminal Execution System and Employees of the Federal Bodies of the Tax Police

Expands the circle of persons entitled for insurance payments under the mentioned Federal Law. Persons after an early discharge from the draft military service, citizens called up for the training exercises to positions envisaged for the military ranks up to sergeantmajor inclusive recognised as unfit for military service by the military medical commission because of the mutilation (wound, injury, contusion) or disease occurred during the service are also entitled for insurance payments. Earlier, the mentioned category included only those recognised as partially fit for the military service.

Federal Law No. 55-FZ of June 21, 2004 on the Invalidation of the Federal Law on the Engineering and Technical System of the Agroindustrial Complex

The mentioned Federal Law is invalidated because of the duplication of the norms of other laws and specifying the norms that must not be specifies at the level of the Federal Law.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-21/260@ of April 5, 2004 on the Endorsement of the Forms of Information on the Issued to Organisations, Independent Entrepreneurs, Natural Persons Licenses (Permissions) for the Use of Objects of Water Biological Resources, Amounts and Time Limits of Payment of the Fee for the Use of Objects of Water Biological Resources

In pursuance of Chapter 25.1 "Fees for the Use of Objects of Fauna and for the Use of Objects of Water Biological Resources", endorses the forms of information on the issued to organisations, independent entrepreneurs, natural persons licenses (permissions) for the use of objects of water biological resources, amounts and time limits of payment of the fee for the use of objects of water biological resources.
     
Registered in the Ministry of Justice of the Russian Federation on June 17, 2004. Reg. No. 5862.

Decision of the Government of the Russian Federation No. 307 of June 23, 2004 on the Endorsement of the Regulation on the Federal Service of Financial Monitoring

The Federal Service of Financial Monitoring is a federal body of executive power in charge of the combating the legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism and coordinating activities in this sphere of other federal bodies of executive power. The Federal Service is supervised by the Ministry of Finance.

      The Federal Service may arrange, within their sphere of reference, checks of observation by legal entities and natural persons of the requirements of the legislation of the Russian Federation on the combating of legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism where it pertains to the procedure of registration, keeping and presentation of information on operations (transactions) with monetary resources or other property subject to obligatory control, as well as organisation of internal control.

Order of the State Customs Committee of the Russian Federation No. 664 of June 11, 2004 on the Authority of the Customs Bodies to Carry out Customs Operations for Excisable Commodities

Lists the customs bodies enjoying exclusive authority of providing excise duty stamps to importers. Also lists the customs bodies enjoying the authority to carry out customs operations for excisable commodities subject to licensing, excisable commodities that must be labelled with excise duty stamps, wine materials and cognac alcohols moved across the customs border, as well as imported beer (including the alcohol-free one).

      Defines the customs bodies enjoying the authority to carry out customs operations for imported commodities needing transport vehicle certificates.

      Also lists the customs bodies enjoying the authority to carry out customs operations for automobiles of certain models classified under Headings 8702-8704 of the Foreign-Trade Commodity Nomenclature of Russia older than 3 years of age.
Registered in the Ministry of Justice of the Russian Federation on June 24, 2004. Reg. No. 5866.

Order of the State Customs Committee of the Russian Federation No. 607 of May 25, 2004 on the Endorsement of the List of the Documents and the Form of the Application

Endorses the list of the documents necessary to obtain the decision on the return (offsetting) of the customs duties, taxes, and return of advance payments and the form of the application for the return (offsetting) of monetary resources.
Registered in the Ministry of Justice of the Russian Federation on June 23, 2004. Reg. No. 5865.

Decree of the President of the Russian Federation No. 791 of June 21, 2004 on the Endorsement of the Regulation on the Department of the President of the Russian Federation for Internal Policy

The Department of Internal Policy is an independent division of the Administration of the President of the Russian Federation. One of the main tasks of the Department is information-and-analytical and organisational support of implementation of the constitutional authority of the President in defining the main directions of internal policy of the state.

The Decree is entered into force from the day of signing.

Decision of the Government of the Russian Federation No. 305 of June 22, 2004 on the Procedure of Granting of Housing Subsidies at the Expense of the Federal Budget to Citizens Leaving (Having Left) the Regions of the Far North and Similar Localities

The getting of the subsidy is free, the right for the getting and use of the housing subsidy at the expense of the federal budget is granted only once. The granting of the housing subsidies to the citizens is arranged through the issue of the state housing certificate. To draw up the certificate, the citizen, within one month from the date of receiving of the notification, must present application for the certificate drawn up according to the provided form and a number of other documents to the body of executive power of the subject of the Russian Federation where he is registered.

The amount of the housing subsidy is calculated proceeding from the average market cost of 1 square meter of the total housing space in the subject of the Russian Federation chosen by the citizen for permanent residence. The issue of the certificates is vested in the body of executive power of the subject of the Russian Federation. The certificates are issued within 2 months from the date of publication of information of the lists of recipients of certificates in mass media. The period of validity of the certificate is 9 months from the date of issue to the citizen.

The housing subsidy is granted to the holder of the certificate according to cashless procedure by transfer of resources of the federal budget on the bank account opened in the credit organisation.

Decision of the Constitutional Court of the Russian Federation of June 29, 2004 on the Case of Constitutionality of Individual Provisions of Articles 7, 15, 107, 234 and 450 of the Code of Criminal Procedures of the Russian Federation Pursuant to the Request of the Group of Deputies of the State Duma

Part 6 of Article 234 of the Code of Criminal Procedures of the Russian Federation is recognised as not complying with the Constitution of the Russian Federation inasmuch as the provisions contained in it exclude an opportunity of satisfying the request of the defence to summon the witness to establish the culprit alibi if it was not declared during preliminary investigation and was not refuted by the investigator or prosecutor.

The Constitutional Court of the Russian Federation recognised Parts 1 and 2 of Article 7 of the Code of Criminal Procedures of the Russian Federation instituting the priority status of the Code of Criminal Procedures of the Russian Federation as compared to other federal laws and normative legal acts as not contradicting the Constitution of the Russian Federation.

Part 2 of Article 15 of the Code of Criminal Procedures of the Russian Federation is also recognised as complying with the Constitution of the Russian Federation since the provisions contained in it do not imply a restriction of the constitutional principle of competition not exempting the officials of the state bodies participating in the criminal proceedings on the side of the prosecution from fulfilling in the course of investigation of crimes and court processing of criminal cases the constitutional duty to protect the rights and freedoms of man and citizen, including the illegal and unmotivated accusation, conviction, other restriction of rights and liberties.

The Constitutional Court of the Russian Federation recognised Part 8 of Article 234 of the Code of Criminal Procedures of the Russian Federation as not contradicting the Constitution of the Russian Federation since the norm of the given article does not exclude an opportunity of interrogation of the persons enjoying witness immunity of the circumstances of investigation or withdrawal or filing the documents in the criminal case if they agree to it.

The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 314 of June 26, 2004 on the Endorsement of the Regulation on the Federal Outer Space Agency

The Federal Outer Space Agency is an authorised federal body of executive power in charge of the implementation of the state policy and normative-and-legal regulation, rendering of state services and state property management in the sphere of outer space activities, international cooperation in joint projects and programs in the sphere of outer space activities, works carried out by organisations of the missile and outer space industry for the purposes of missile and outer space equipment of military destination, combat missile equipment of strategic use, as well as the general coordination of works carried out at the Baykonur Launch Site.

The Federal Outer Space Agency shall carry out the licensing of the outer space activities, as well as fulfil the functions of licensing of development, production, repair and utilisation of armaments and military equipment for the types qualified as the sphere of reference of the Agency.

Decision of the Government of the Russian Federation No. 313 of June 26, 2004 on the Prolongation for the Year 2004 of the Time of the Experiment of Switchover to the Financing of Individual Institutions of Higher Professional Education on the Basis of the Personal State Financial Obligations

An institution of higher education may participate in the experiment in the 2004/2005 academic year under the condition of declaration of the cost of study for each speciality, direction of training and form of study at least one month in advance of acceptance of documents. Another prerequisite is admission to the first year of study to all specialities (except for individual specialities defined by the Ministry of Education and Science) where the institution provides education of all students on the basis of the uniform state examination only except for the persons admitted without entrance examinations.

Decision of the Government of the Russian Federation No. 311 of June 26, 2004 on the Endorsement of the Regulation on the Ministry of Information Technologies and Communication of the Russian Federation

The Ministry of Information Technologies and Communication is a federal body of executive power in charge of the working out of the state policy and normative-and-legal regulation in the sphere of information technologies, tele- and postal communication, including the use of information technologies in the building of the state information resources and providing access to them, development of the system of TV and radio broadcasting, use and conversion of the radio frequency range.

The Ministry shall act as the postal administration of the Russian Federation and fulfil the functions of the communication administration of the Russian Federation in international activities in the sphere of communication.

The Ministry shall coordinate and control the activities of supervised by it Federal Service of Enforcement in the Sphere of Communication, Federal Agency of Information Technologies and the Federal Agency of Communication.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 11 of June 15, 2004 on the Judicial Practice in the Cases of Crimes Envisaged in Articles 131 and 132 of the Criminal Code of the Russian Federation

Explains individual issues of application by courts of Articles 131 "Rape" and 132 "Violent Actions of Sexual Nature" of the Criminal Code of the Russian Federation. Thus, the Decision defines that "other actions of sexual nature" imply, in particular, the compulsion of a man by a women to commit a sexual act by the use of force or threat of its use. "Other heavy consequences" of the rape or violent actions of sexual nature include the consequences other than those associated with a heavy damage to the health of the victim incurred through negligence or infecting him with AIDS virus. This may appear to be a suicide of the victim.

The courts must find out in each case if there was a violence or threat of its use for the victim or other persons, as well as the particular expression of the violence or threat of its use. Actions of the person having obtained the woman's consent for the sexual intercourse or actions of sexual nature through fraudulence or abuse of credence (for example, promise to marry known to be false) may not be regarded as crimes against sexual immunity or sexual freedom of the person.

A gang-rape or violent actions of sexual nature shall also include the actions of the assisting persons through the use of physical or psychic violence to the victim. The actions of such persons shall be qualified as joint participation.

Order of the Ministry of Finance of the Russian Federation No. 49n of June 11, 2004 on the Amendments to the Procedure of Execution of the Summary Budget List of the Federal Budget for the Year 2004 and Amendments to It Endorsed by the Order of the Ministry of Finance of the Russian Federation No. 116n of December 18, 2003

The agency structure of expenses of the federal budget for the year 2004 is being brought in compliance with the structure of the federal bodies of executive power endorsed by the Decree of the President of the Russian Federation No. 649 of May 20, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 25, 2004. Reg. No. 5877.

Federal Constitutional Law No. 5-FKZ of June 28, 2004 on the Referendum in the Russian Federation

Specifies the procedure of preparation and holding of the referendum of the Russian Federation - national vote of the citizens of the Russian Federation enjoying the right to participate in the referendum on issues of state significance.

The Law extends the circle of subjects enjoying the right to put forward an initiative to arrange a referendum. Thus, together with the citizens of the Russian Federation numbering at least two million and the Constitutional Assembly, a referendum may be initiated by the federal bodies of state power if the issue of state significance or draft normative act must be put forward for a referendum in pursuance of the international treaty of the Russian Federation.

Created initiative group of citizens of the Russian Federation arranging the referendum must consist of regional subgroups formed in more than half of the subjects of the Russian Federation, with each regional subgroup numbering at least 100 participants enjoying the right of participation in the referendum and living permanently on the territory of the subject of the Russian Federation where this regional subgroup has been created.

To arrange the referendum, the President of the Russian Federation shall send the received documents to the Constitutional Court of the Russian Federation requesting to check the compliance of the initiative of the referendum on the suggested issue (issues) with the Constitution of the Russian Federation.

The referendum is recognised to be a success if more than half of the referendum participants took part in the vote included in the lists. The Decision is considered to be adopted if more than half of the referendum participants having taken part in the vote voted in favour of the issue.

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

Direction of the Central Bank of Russia No. 1455-U of June 25, 2004 on the Amendments to the Regulation of the Bank of Russia No. 205-P of December 25, 2002 on the Rules of Accounting Work in Credit Organisations Located on the Territory of the Russian Federation

The chart of accounts of credit organisations is extended to include new passive Accounts 40912 "Transfers from the Russian Federation" and 40913 "Transfers from the Russian Federation by Non-Residents", as well as an active Account 90912 "Documents and Values Received from Non-Resident Banks for Expert Evaluation". Accounts 40912 and 40913 are used to register money transfers from the Russian Federation accepted from resident and non-resident natural persons without the opening of the bank account. Account 90912 is used to register documents and values received from non-resident banks for expert evaluation.

The Direction abandons active Account 91105 "Documents and Values Received from Non-Resident Banks for Expert Evaluation".

Changes the names of Accounts 202, 20203, 20210, 40909, 40910, 70103, 70203, 70205, 911, 91101, 91102, 91104 and 91204. Appropriate changes are introduced in the description of the mentioned accounts.

The Direction is entered into force from the day of its official publication in the Herald of the Bank of Russia. The text of the Direction has been published in the Herald of the Bank of Russia on June 30, 2004, No. 38.

Registered in the Ministry of Justice of the Russian Federation on June 28, 2004. Reg. No. 5878.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-21/343@ of June 1, 2004 on the Invalidation of the Instruction of the State Tax Service of the Russian Federation No. 33 of June 8, 1995 on the Procedure of Calculation and Payment to the Budget of the Property Tax from Enterprises and Some of the Normative Legal Acts of the State Tax Service of the Russian Federation and the Ministry of Taxation of the Russian Federation

Pursuant to the entry into force from January 1, 2004 of Chapter 30 of the Tax Code of the Russian Federation "Property Tax from Organisations" invalidates the Instruction of the State Tax Service of Russia No. 33 of June 8, 1995 on the procedure of calculation and payment to the budget of the property tax from enterprises with amendments.

Registered in the Ministry of Justice of the Russian Federation on June 25, 2004. Reg. No. 5876.

Direction of the Central Bank of Russia No. 1449-U of June 15, 2004 on the Amendments to the Direction of the Bank of Russia No. 1318-U of August 7, 2003 on the Building and the Amount of the Reserve for Operations of Credit Organisations with Residents of Off-Shore Zones

Specifies the particulars of building of the reserve for the guarantees (bank guarantees) granted by the residents of off-shore zones. As an object of reservation under a guarantee is both a guarantee where a resident of the off-shore zone acts as a debtor and a guarantee where he acts as a creditor. If the credit organisation acts as a guarantor for an operation where the principal (debtor) and the beneficiary (creditor) are residents of off-shore zones, the reserve should be built for the resident of the off-shore zone (principal (debtor) or beneficiary (creditor)) where the risk is estimated as the highest one.

The Direction specifies the duty of credit organisations to build reserves for operations with residents of off-shore zones under a concluded brokerage contact.

The Direction 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 June 25, 2004. Reg. No. 5875.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-21/261@ of April 5, 2004 on the Endorsement of the Form of Information on the Received License (Permission) for the Use of Objects of Fauna, Amounts of the Fee for the Use of Objects of Fauna Due for Payment and Amounts of the Actually Paid Fee

Pursuant to Chapter 25.1 of the Tax Code of the Russian Federation "Fees for the Use of Objects of Fauna and for the Use of Objects of Water Biological Resources" endorses the form of information on the received license (permission) for the use of objects of fauna, amounts of the fee for the use of objects of fauna due for payment and amounts of actually paid fee. Besides, provides recommendations for the filling of the mentioned form.

Registered in the Ministry of Justice of the Russian Federation on June 25, 2004. Reg. No. 5874.

Order of the Ministry of Defence of the Russian Federation No. 168 of June 3, 2004 on the Endorsement of the Form of the Request for the Conferment of the Citizenship of the Russian Federation

Endorses the form of the request for the conferment of the citizenship of the Russian Federation granted to servicemen out of citizens of the former USSR states undergoing contact service in the Armed Forces of the Russian Federation, other troops, military formations and bodies. The period of validity of the request is 3 months form the day of issue.

Registered in the Ministry of Justice of the Russian Federation on June 24, 2004. Reg. No. 5871.

Order of the State Customs Committee of the Russian Federation No. 640 of June 7, 2004 on the Endorsement of the Instruction on the Collection of the Customs Fees for the Customs Registration

Builds a uniform list of the reasons of exemption from the customs fees for the customs registration. In particular, customs fees are not collected for the registration of cars classified under Headings 8702 and 8703 of the Foreign-Trade Commodity Nomenclature of the Russian Federation imported temporarily by natural persons for personal use for up to 2 months inclusive, as well as the mentioned cars exported for personal use by natural persons travelling in the mentioned transport vehicles.

According to the common rule, the fees for the customs registration of commodities are collected in the currency of the Russian Federation in the amount of 0.1% of the customs cost of commodities. In addition, the fee in the foreign currency is also collected in the amount of 0.05% of the customs cost of commodities at the rate of the Bank of Russia. The Order lists the categories of commodities subject to only the main fee in the amount of 0.1% (i.e. without the additional fee in the amount of 0.05%).

Amounts of the customs fees for the registration of cars classified under Headings 8702 and 8703 of the Foreign-Trade Commodity Nomenclature of the Russian Federation, including the prolongation of the temporary import, and moved by natural persons for personal use have not changed (EUR 5, however, not more than 0.1% of the customs cost of the car).

The Order remains in force until December 31, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 24, 2004. Reg. No. 5870.

Direction of the Central Bank of Russia No. 1456-U of June 25, 2004

Beginning with the regulation of the amount of obligatory reserves of credit organisations for July 2004 (as of August 1, 2004) specifies the amounts of the new obligatory reserves. The normative of obligatory reserves for obligations of credit organisations to non-resident banks in the currency of the Russian Federation and the foreign currency is fixed in the amount of 2%. The normative of obligatory reserves for obligations to natural persons in the currency of the Russian Federation - in the amount of 7%.

The normative of obligatory reserves for other obligations of credit organisations in the currency of the Russian Federation and obligations in foreign currencies - in the amount of 7%.

A 0.2 coefficient is fixed for the estimation of the average value of obligatory reserves.

Credit organisations are permitted to calculate independently the average value of obligatory reserves for each subsequent equalisation period using the mentioned equalisation factor.

Operative Direction of the Central Bank of Russia No. 70-T of June 23, 2004 on the Typical Bank Risks

A bank risk is implied to be an inherent in the banking activities opportunity (possibility) of losses of the credit organisation and/or impaired liquidity because of the unfavourable events pertaining to internal factors (complexity of the organisational structure, level of qualification of employees, organisational changes, employee turnover etc.) and/or external factors (change of the economic conditions of operation of the credit organisation, applied technologies etc.). The typical bank risks include credit, country-specific, market (including the capital, currency and interest risks), operation, legal, image, strategic risks and liquidity risks.

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