Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 1.07.2004

Federal Law No. 59-FZ of June 29, 2004 on the Creation and Abolishment of Some of the Garrison Military Courts

Creates the Budyonnovsk and Nalchik Garrison Military Courts and defines the territories of their jurisdiction. Abolishes the Bataysk, Kansk, Olga, Petropavlovsk-Kamchatski, Tiksi Garrison Military Courts, as well as the 54th and the 64 Garrison Military Courts.

The Federal Law is entered into force from the day of its official publication except for individual provisions entered into force from the day of assigning to their positions of the judges of the Budyonnovsk and the Nalchik Garrison Military Courts.

Federal Law No. 58-FZ of June 29, 2004 on the Amendments to Some of the Legislative Acts of the Russian Federation and Invalidation of Some of the Legislative Acts of the Russian Federation As the State Management Improvement Measures

In view of implementation of state management improvement measures, amends more than 70 legislative acts. The changes are aimed at creation of the legislative basis of the reformation of the federal bodies of executive power in charge of the taxes and fees, labour and employment, technical and export control, state registration, execution of punishments and the customs affairs.

Specifies, in particular, that the Federal Tax Service is a successor of the abandoned Federal Service of Russia for Financial Rehabilitation and Bankruptcy in all legal relations pertaining to representation of interests of the Russian Federation in bankruptcy proceedings. Defines that the customs bodies shall act as currency control agents.

The Federal Law is entered into force from the day of its official publication except for Articles 54 and 62 (changes in the Tax Code of the Russian Federation) to be entered into force one month after the day of its official publication. Item 4 of Article 62 shall not apply before January 1, 2005 inasmuch as it envisages coordination of the forms of settlement letters with the Ministry of Finance of Russia.

Decision of the Government of the Russian Federation No. 316 of June 28, 2004 on the Endorsement of the Regulation on the Federal Agency of Nuclear Power

The Federal Agency of Nuclear Power is an authorised federal body of executive power in charge of the state policy, normative-and-legal regulation, rendering of state services and state property management in the sphere of use of nuclear power, development and safe functioning of the nuclear power industry, nuclear armaments complex, nuclear fuel cycle, nuclear science and technologies, nuclear and radiation safety, non-proliferation of nuclear materials and technologies, as well as international cooperation in this sphere. The management of the activities of the Federal Agency of Nuclear Power is vested in the Government of the Russian Federation.

The Federal Agency of Nuclear Power shall continue temporarily the licensing of activities of legal entities in the use of radio active materials (nuclear materials and radio active substances) when carrying out works for defence purposes, including the development, production, testing, transportation, operation, storage, elimination and utilisation of nuclear weapons and nuclear power plants of military destination.

Decision of the Government of the Russian Federation No. 315 of June 28, 2004 on the Endorsement of the Regulation on the Ministry of Agriculture of the Russian Federation

The Ministry of Agriculture of Russia 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 agroindustrial complex, including the animal breeding, veterinary, plant growing, plant quarantine measures, land improvement, soil fertility, regulation of the market of agricultural raw materials and foodstuffs, foodstuff and processing industry, production and circulation of ethyl alcohol from edible and non-edible raw materials, alcohol-containing, alcoholic and tobacco items, stable development of agricultural territories, as well as the sphere of fishing, production on the vessels of the fishing fleet and in the sea ports, protection, investigation, preservation, reproduction and use of objects of fauna qualified as objects of hunting, water biological resources and their habitat.

The Ministry of Agriculture of Russia shall coordinate and control the activities of supervised by it Federal Service of Veterinary and Phytosanitary Enforcement, Federal Fishery Agency and the Federal Agency of Agriculture.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 77 of June 21, 2004

Describes the issues pertaining to execution by tipstaff services of the acts of courts of arbitration.

Explains, in particular, that if the joint proceedings combine execution of a writ of execution of the court of general jurisdiction and a writ of execution of the court of arbitration, applications challenging the actions of the tipstaff service pertaining to execution of the mentioned writs of execution shall be processed by the court of general jurisdiction.

Emphasises, that the person not being a participant of the proceedings may appeal against the actions of the tipstaff service in court if he supposes that such actions violate the rights and legal interests of the applicant.

Applicant cassation appeal against the decision of the court of arbitration having entered into legal force may not prevent from initiation of executive proceedings if the execution of the judicial act is not suspended by the cassation court.

The tipstaff, when executing the writ of execution of the court, may demand from the bank information on available monetary resources on the accounts of his debtor clients within the amount due for collection under the writ of execution.

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