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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 31.08.2004

Federal Law No. 95-FZ of July 29, 2004 on the Amendments to Parts 1 and 2 of the Tax Code of the Russian Federation and on Invalidation of Some of the Legislative Acts (Provisions of Legislative Acts) of the Russian Federation on Taxes and Fees

The amendments refine the taxation powers of the bodies of legislative (representative) power and representative bodies of local government, specify the types of taxes and fees, special tax regimes building the system of taxes and fees of the Russian Federation.

Invalidates the Law of the Russian Federation No. 2118-I of December 27, 1991 on the fundamentals of the tax system in the Russian Federation. In view of this, enters into force Articles 12-15 of the Tax Code of the Russian Federation specifying the types of taxes and fees in the Russian Federation, as well as special tax regimes. Institutes 10 types of the federal taxes: value added tax, excise duty taxes, income tax from natural persons, uniform social tax, profit tax from organisations, tax on extraction of mineral resources, succession and donation tax, water tax, fees for the use of objects fauna and for the use of objects of water biological resources and the state duty. Regional taxes include the property tax from organisations, the gambling tax and the transport tax. Local taxes include the land tax and the property tax from natural persons. Thus, the system of taxes and fees in the Russian Federation does not include any more the customs duties and fees, payments for the use of the forestry fund, pay ments for the negative impact on the environment regulated by the special federal laws.

The Law specifies that for activities in distribution and/or placing of outdoor advertising, the system of taxation in the form of the uniform imputed income tax may apply at the decision of the subject of the Russian Federation, representative bodies of municipal regions, city districts, laws of the cities of federal significance of Moscow and St.Petersburg. Appropriate changes are introduced in Chapter 26.3 of the Tax Code of the Russian Federation.

Legislative (representative) bodies of the subjects of the Russian Federation may, before January 1, 2005, adopt the laws of the subjects of the Russian Federation defining the procedure of introduction of the uniform imputed income tax for individual types of activities for entrepreneurial activities in distribution and/or placing of the outdoor advertising taking into account the provisions of the present Law.

The Law increases the tax rate from 6% to 9% for the incomes of natural persons and legal entities form the shared participation in the work of organisations in the form of dividends.

Changes the budget distribution of the profit tax rate. Now, 6.5% will be entered in the federal budget and 17.5% to the budgets of the subjects of the Russian Federation. Local budgets are not included. Also specifies that the rate of the profit tax may be reduced for individual categories of taxpayers. In this case, the mentioned tax rate may not be lower than 13,5% (earlier, not lower than 13%).

The Law contains special provisions on the authority of the representative bodies of local government of residential settlements, municipal regions and city districts, as well as the bodies of legislative (representative) power and representative city bodies of local government in the cities of Moscow and St.Petersburg in the fixing of the local taxes.

The Federal Law is entered into force form January 1, 2005, however, no sooner than one month after the day of its official publication, with exceptions.

Federal Law No. 90-FZ of July 28, 2004 on the Execution of the Budget of the Pension Fund of the Russian Federation for the Year 2002

Endorses the report of execution of the budget of the Pension Fund of the Russian Federation for the year 2002 with incomes amounting to Rbl 815,476.14 million and expenses amounting to Rbl 789,621.08 million.

Decree of the President of the Russian Federation No. 976 of July 28, 2004 "Issues of the Federal Service of the Russian Federation for Control over Circulation of Narcotics"

The Federal Service of the Russian Federation for Control over Circulation of Narcotic Drugs and Psychotropic Substances is renamed into the Federal Service of the Russian Federation for Control over Circulation of Narcotics. The Federal Service of the Russian Federation for Control over Circulation of Narcotics is a federal body of executive power in charge of the working out of the state policy, normative-and-legal regulation, control and enforcement in the sphere of circulation of narcotic drugs, psychotropic substances and their precursors, as well as in the sphere of combating of their illegal circulation.

The new Service is a successor of the Federal Service of the Russian Federation of Control over Circulation of Narcotic Drugs and Psychotropic Substances.

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

Order of the State Customs Committee of the Russian Federation No. 696 of June 18, 2004 on the Endorsement of the Instruction on the Checking of the Correctness of Determination of the Customs Cost of Commodities Imported to the Customs Territory of the Russian Federation

Defines the procedure of actions of officials of the customs bodies when controlling the declared by the declaring parties customs cost of commodities imported (having been imported) to the Russian Federation, as well as when determining the customs cost of commodities independently. The Instruction does not apply to commodities moved by natural persons for personal, family, household and other needs not pertaining to entrepreneurial activities.

Specifies that simultaneously with the analysis of the documents presented by the declaring party, the customs body shall compare the declared cost with the selling prices at the internal market of the Russian Federation of similar commodities. The comparison and analysis shall be carried out on the basis of information available with the customs body.

If the documents presented by the declaring party, as well as additionally requested documents, do not permit to confirm the correctness of determination of the customs cost, the official of the customs body shall take the decision to correct the customs cost by changing its structure and/or the method of determination.

Decision of the Government of the Russian Federation No. 394 of July 30, 2004 on the Endorsement of the Rates of the Export Customs Duties for Commodities of Oil Exported from the Territory of the Russian Federation outside the Member-States of the Customs Union Agreements

The rates of the export customs duties for individual commodities of oil exported outside the member-states of the Customs Union agreements are increased from USD 31.7 to USD 45.4 per ton.

The Decision is entered into force one months after the day of its official publication.

Decision of the Government of the Russian Federation No. 386 of July 29, 2004 on the Endorsement of the Regulation on the Federal Agency of Geodesy and Cartography

The Federal Agency of Geodesy and Cartography is a federal body of executive power in charge of the rendering of state services and state property management in the sphere of geodesy and cartography activities, as well as the names of geographic objects. The Federal Agency is supervised by the Ministry of Transport.

The Federal Agency shall license on the temporary basis the geodesy and cartography activities, as well as provide for the geodesy enforcement of the geodesy and cartography activities.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-05/443@ of July 27, 2004 on the Endorsement of the Forms of Personal and Summary Cards of Registration of Accrued Payments and Other Rewards, Amounts of Accrued Uniform Social Tax, Insurance Contributions for Obligatory Pension Insurance (Tax Exemption) and Their Filling Procedure

Endorses the forms of the personal and summary cards of registration of the amounts of accrued payments and other rewards, amounts of the accrued uniform social tax, insurance contributions for obligatory pension insurance (tax exemption) and their filling procedure. Since there are specific features in the calculation and payment of the uniform social tax and insurance contributions for obligatory pension insurance for taxpayers applying special taxation regimes, different forms of personal cards are recommended for introduction by taxpayers depending on the applied taxation regimes or combination thereof.

Personal cards are being kept both in the presence of the right for the application of regressive tax rates and tariff rates of insurance contributions for obligatory pension insurance with the taxpayer and in the absence of this right.

The forms of individual and summary cards are of recommended nature, which implies an opportunity of making changes to them by the taxpayers, in particular, in the form of additions, uniting or separating individual columns proceeding from the practical needs, or of keeping the records in another form.

Federal Law No. 98-FZ of July 29, 2004 on the Commercial Secret

The Federal Law regulates relations pertaining to information qualified as commercial secret, transfer of such information, protection of its confidentiality and prevention of unfair competition. The Law applies to information comprising the commercial secret regardless of the type of the medium where it is recorded.

Commercial secret is implied to be the confidentiality of information permitting its holder under existing or possible conditions to increase incomes, avoid unreasonable expenses, preserve the standing at the market of commodities, works, services or obtain another commercial vantage.

The Law specifies legislative restrictions on the information qualified as commercial secret for the interests of society, state and citizens. Thus, the commercial secrete regime may not be instituted by the persons engaged in entrepreneurial activities for information on the number and composition of employees, system of labour remuneration, working conditions, industrial injury rates and occupational diseases, available jobs, as well as employer debts in the payment of earnings and in other social payments.

The Law also specifies the duty to grant on the free basis to the bodies of state power and local government to their motivated demand information comprising the commercial secret.

The Law defines the rights of the holder of the commercial secret, regulates relations pertaining to the commercial secret obtained while executing a state contract for state needs. Also specifies the requirements to the protection of the confidentiality of information comprising the commercial secret including the labour relations and the legal civil relations.

The Law envisages responsibility for the violation of the legislation of the Russian Federation on the commercial secret.

Security classification imposed before the entry into force of the Law on material media and indicating the presence of information containing commercial secret in them preserve their force under the condition that the measures of protection of the confidentiality of the mentioned information may be brought in compliance with the requirements of the Law.

Decision of the Government of the Russian Federation No. 400 of July 30, 2004 on the Endorsement of the Regulation on the Federal Service of Enforcement in the Sphere of Use of Natural Resources and on the Amendments to the Decision of the Government of the Russian Federation No. 370 of July 22, 2004

The Federal Service of Enforcement in the Sphere of Use of Natural Resources is a federal body of executive power in charge of control and enforcement in the sphere of use of natural resources. The Federal Service is an authorised state body in the sphere of ecological expert evaluation and control.

The Federal Service is supervised by the Ministry of Natural Resources.

Decision of the Government of the Russian Federation No. 399 of July 30, 2004 on the Endorsement of the Regulation on the Federal Service of State Statistics

The Federal Service of State Statistics is an authorised federal body of executive power in charge of the adoption of the normative legal acts in the sphere of state statistics, building of official statistical information on the social, economic, demographic and ecological situation in the country, as well as control in the sphere of state statistical activities.

The Federal Service shall provide temporarily on the free basis legal entities, their branches and representations, as well as independent entrepreneurs with the blank forms of state statistical reports and appropriate filling and submission documents within the limits of resources allocated for these purposes from the federal budget.

The activities of the Federal Service are supervised by the Government of the Russian Federation.

Decision of the Government of the Russian Federation No. 398 of July 30, 2004 on the Endorsement of the Regulation on the Federal Service of Enforcement in the Sphere of Transport

The Federal Service of Enforcement in the Sphere of Transport is a federal body of executive power in charge of control and enforcement in the sphere of the civil aviation, marine (including the merchant marine, specialised, fishing ports, except for the fishing farms), internal water, railway, highway (except for the traffic safety issues), industrial transport and highway maintenance. The Federal Service shall implement, where it pertains to control and enforcement, the authority of the bodies acting in international treaties of the Russian Federation as the bodies in charge of the necessary measures aimed at execution of the obligations of the Russian Federation under these treaties in the mentioned sphere.

The Federal Service of Enforcement in the Sphere of Transport is supervised by the Ministry of Transport.

Decision of the Government of the Russian Federation No. 397 of July 30, 2004 on the Endorsement of the Regulation on the Federal Agency of the Railway Transport

The Federal Agency of the Railway Transport 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 sphere of the railway transport. The Federal Agency shall also implement the authority of the railway administration of the Russian Federation in charge of the obligations under international treaties of the Russian Federation where it pertains to the implementation of the state policy, rendering of state services and state property management. The Federal Agency is supervised by the Ministry of Transport.

Decision of the Government of the Russian Federation No. 396 of July 30, 2004 on the Endorsement of the Regulation on the Federal Agency of the Air Transport

The Federal Agency of the Air Transport is a federal body of executive power in charge of the rendering of state services, state property management in the sphere of the air transport (civil aviation) and the civil part of the Joint System of the Air Traffic of the Russian Federation, including its functioning, development and modernisation.

The Federal Agency shall implement the powers of the aviation authority in the sphere of civil aviation where it pertains to the rendering of state services and state property management while executing obligations under international treaties of the Russian Federation. The Federal Agency shall license on the temporary basis the activities in passenger and cargo transportation by the air transport.

The Federal Agency is supervised by the Ministry of Transport.

Decision of the Government of the Russian Federation No. 395 of July 30, 2004 on the Endorsement of the Regulation on the Ministry of Transport of the Russian Federation

The Ministry of Transport is a federal body of executive power in the sphere of transport in charge of the working out of the state policy and normative-and-legal regulation in the sphere of civil aviation, marine (including the merchant marine, specialised and fishing ports, except for the fishing farms), internal water, railway, highway, city electric (including the underground) and industrial transport, highway maintenance, geodesy and cartography.

The Ministry of Transport 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.

Order of the Government of the Russian Federation No. 1024-r of July 30, 2004

Defines the procedure of subordination of the territorial bodies of abandoned, reorganised and other federal bodies of executive power to the federal bodies of executive power reorganised and formed in compliance with the Decrees of the President of the Russian Federation No. 314 of March 9, 2004 and No. 649 of May 20, 2004.

Order of the Ministry of the Industry and Power Supplies of the Russian Federation No. 41 of July 13, 2004 on the Endorsement of the Procedure of Publication and Entry into Force of the Acts of the Ministry of the Industry and Power Supplies of the Russian Federation Recognised by the Ministry of Justice of the Russian Federation As Not Needing State Registration

The mentioned acts must be published in the Industrial Weekly newspaper, which is an official publication for such acts. The given acts shall enter into force from the day their signing if otherwise is not specified in them.

Registered in the Ministry of Justice of the Russian Federation on July 30, 2004. Reg. No. 5953.

Information Letter of the Higher Arbitration Court of the Russian Federation, Ministry of Justice of the Russian Federation, Central Bank of Russia No. S1-7/MO-627, 06/899-YuCh, 01-31/2020 of January 28, June 1, 4, 2004 on the Issues of Application of the Agreement between the Russian Federation and the Republic of Belarus on the Procedure of Mutual Execution of the Judicial Acts of the Courts of Arbitration of the Russian Federation and the Economic Courts of the Republic of Belarus

According to the Agreement, decisions of the courts of both states do need a special procedure of recognition and shall be executed according to the same procedure as the decisions of the courts of the own state on the basis of the writs of execution of the courts having adopted the decisions.

The Letter provides a sample payment order presented on the territory of the Republic of Belarus by the collecting organisation together with the writ of execution to the local bank to write off money from the debtor bank account.

A copy of the payment order is handed out to the collecting party simultaneously with the writ of execution received in the appropriate court of arbitration due for execution on the territory of the Republic of Belarus.

Decision of the Government of the Russian Federation No. 392 of July 30, 2004 on the Procedure and Terms of Payment for the Dwelling and Communal Services by Citizens

Endorses the rules of payment for the dwelling and communal services by citizens. The payment for the dwelling by tenants under the contract of leasing, social leasing of the dwelling space qualified as state or municipal dwelling funds, as well as by owners of the dwelling space in multi-apartment houses where they do not have owner associations includes the payment for the building maintenance, repair and leasing.

The Decision lists the types of payment included in the mentioned groups. Defines the procedure of payment for the dwelling and communal services within the limits of the social norm and in excess of the social norm of the dwelling space and additional dwelling space granted to citizens because of the health condition and within the normatives of consumption of communal services.

Amounts of payment are determined as a product of the appropriate price for the total area of the dwelling space. For the citizens living in communal flats and separate rooms in hostels, the amount of payment is determined as a product of the appropriate price for the area of the occupied dwelling space, and for several citizens living in a single room - according to the procedure specified by the owner of the hostel.

Amount of payment for the communal services is determined as a product of tariff rates for the appropriate communal services and the volumes of consumption of resources (water, gas, electric and thermal power etc.) according to the gauge readings. If there are no gauges, the volume of consumption of communal services is assumed to be equal to the normatives of consumption specified by the bodies of state power of the cities of federal significance of Moscow and St.Petersburg, bodies of local government.

The payment for the dwelling and communal services is transferred on the monthly basis no later than the 10th of the month following the expired one if otherwise is not specified in the legislation of the Russian Federation or concluded contracts.

The Decision lists the types of works pertaining to current repair of the common property of the dwelling homes and covered at the expense of the payment for the repair of the dwelling space.

The rules do not apply to the procedure, time limits and rules of calculation of the amounts of payment for the dwelling by citizens living in the dwelling space in the multi-apartment houses where there are partnerships of the owners of the dwelling space, housing or housing-and-construction cooperatives and other associations of owners, by tenants of the dwelling space owned by natural persons and legal entities, as well as by citizens using the dwelling space under a legacy abatement, lease contract, life endowment contract or a contract of free use of the dwelling space.

Order of the State Customs Committee of the Russian Federation No. 737 of June 28, 2004 on the Use of the Temporary Electronic Cargo Customs Declarations

Specifies the particulars of carrying out of the customs operations by the Central Power Supply Customs Station for oil, oil products and natural gas when information in the temporary cargo customs declaration is declared in the electronic form.

Registered in the Ministry of Justice of the Russian Federation on August 2, 2004. Reg. No. 5955.

Federal Law No. 97-FZ of July 29, 2004 on the Amendments to Some of the Legislative Acts Pursuant to the Adoption of the Federal Law on the Payments of the Bank of Russia under Deposits of Natural Persons in the Bankrupt Banks Failing to Participate in the System of Obligatory Insurance of the Deposits of Natural Persons in the Banks of the Russian Federation

The amendments to Article 64 of the Civil Code of the Russian Federation envisage satisfaction of claims of the Bank of Russia transferred to it because of the payments made under the deposits of natural persons in the banks in compliance with the law on the composition of the first priority creditor claims.

The amendments to the Federal Law on the Central Bank of the Russian Federation (Bank of Russia) fix the right of the Bank of Russia to make payments under the deposits in cases of bankruptcy of the banks failing to participate in the system of obligatory insurance of natural persons in the banks of the Russian Federation. The Decision to make the payments is taken by the Board of Directors of the Bank of Russia.

The Bank of Russia shall also enjoy the right, in cases of failure to execute within the specified time limit the orders to eliminate the violations revealed in the work of the credit organisation, to impose restrictions on the amount of the interest rate defined by the credit organisation in the bank deposit contracts concluded (prolonged) during the available restriction in the form of the maximum value of the interest rate (however, not lower than 2/3 of the rate of refinancing of the Bank of Russia for the bank deposits in roubles and not lower than the LIBOR rate for the bank deposits in foreign currencies as of the date of introduction of the restriction) for up to one year. The given norm shall remain in force until December 31, 2006.

The amendments to the Federal Law on the banks and banking activities envisage the duty of the credit organisation possessing the license of the Bank of Russia for the attraction in deposits of the monetary resources of natural persons to disclose information on the interest rates under bank deposit contracts with natural persons, information on the debts of the credit organisation under bank deposits of natural person and information on the amounts of cash received by natural persons under the bank deposit contracts (for the whole of the credit organisation and for the classification groups of clients and operations without disclosing the information on individual natural persons).

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

Federal Law No. 96-FZ of July 29, 2004 on the Payments of the Bank of Russia under the Deposits of Natural Persons in the Bankrupt Banks Failing to Participate in the System of Obligatory Insurance of the Deposits of Natural Persons in the Banks of the Russian Federation

Specifies the legal, financial and organisational fundamentals for the payments made by the Bank of Russia under the deposits of natural persons in the bankrupt banks failing to participate in the system of obligatory insurance of the deposits of natural persons in the banks of the Russian Federation.

Defines the terms of making the mentioned payments of the Bank of Russia, their amounts, procedure and the transfer to the Bank of Russia of the claims rights to the bankrupt bank in the amount of effected payments.

The payments of the Bank of Russia do not apply to the monetary resources on the bank accounts pertaining to entrepreneurial activities of natural persons, in the anonymous deposits, those handed over by natural persons to banks for trust control, placed in the deposits in the branches abroad.

The amount of payments of the Bank of Russia is determined proceeding from 100% of the acknowledged depositor claims, however, not more than Rbl 100,000, less the amounts of preliminary payments to first priority creditors made by the bankruptcy commissioner.

The Federal Law is entered into force one month after the day of its official publication. The Law shall apply to legal relations emerging because of the bankruptcy of the banks failing to participate in the system of insurance of the deposits with the license for bank operations having been revoked after December 27, 2003.

Order of the Ministry of Public Health and Social Development of the Russian Federation and the Social Insurance Fund of the Russian Federation No. 42/130 of July 23, 2004 on the Endorsement of the Amendments to the Instruction on the Procedure for Providing Blank Forms of Disability Sheets, Their Registration and Storage Endorsed by the Order of the Social Insurance Fund of the Russian Federation and the Ministry of Public Health of Russia No. 18/29 of January 29, 2004

Specifies the duty of the regional divisions of the Social Insurance Fund to provide blank forms of the disability sheets to medical organisations as soon as necessary, not on the quarterly basis as was specified before. Medical organisations may not stockpile blank forms of disability sheets in excess of their quarterly needs. The issue of the bank forms of disability sheets is drawn up using delivery notes in duplicate, with the first copy handed over to the medical organisation, and the second one being preserved in the regional division of the Social Insurance Fund.

All medical organisations must submit on the annual basis (before February 1 of the current year) to the regional division of the Social Insurance Fund beside the quarterly requests also a request for the blank forms of disability sheets for the following calendar year.

The Order omits the forms of the ledgers of received and handed out blank forms of disability sheets.

The amendments are entered into force from January 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on August 3, 2004. Reg. No. 5956.

Direction of the Central Bank of Russia No. 1478-U of July 19, 2004 on the Amendments to the Direction of the Bank of Russia No. 1337-U of November 3, 2003 on the Procedure of Carrying out of Operations of Purchase of Coins of Precious Metals Sold by the Bank of Russia Being a Legal Means of Cash Payments on the Territory of the Russian Federation by Credit Organisations Enjoying Cash Services in the Divisions of the Moscow Directorate of the Bank of Russia

The Direction of the Bank of Russia No. 1337-U of November 3, 2003 shall apply to all credit organisations buying coins of precious metals begin a legal means of cash payments on the territory of the Russian Federation sold by the Bank of Russia through its territorial institutions.

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 August 2, 2004. Reg. No. 5954.

Decree of the President of the Russian Federation No. 1009 of August 4, 2004 on the Endorsement of the List of Strategic Enterprises and Strategic Joint-Stock Companies

Lists the federal state unitary enterprises making products (works, services) of strategic significance for the defence potential and security of the state, protection of moral, public health, rights and legal interests of the citizens of the Russian Federation.

Also endorses the list of open-type joint-stock companies with the federally owned stocks and participation of the Russian Federation in the management providing for the strategic interests, defence potential and security of the state, protection of moral, public health, rights and legal interests of the citizens of the Russian Federation.

Decision of the Government of the Russian Federation No. 401 of July 30, 2004 on the Federal Service of Ecological, Technological and Nuclear Supervision

The Federal Service of Ecological, Technological and Nuclear Supervision is a federal body of executive power in charge of the adoption of the normative legal acts, control and supervision in the sphere of protection of the environment where it pertains to the restriction of the negative technological impact (including the handling of production and consumption refuse), safety of works pertaining to the use of subsoil resources, protection of subsoil resources, industrial safety, safe use of nuclear power (except for the development, production, testing, operation and utilisation of nuclear weapons and nuclear power units of military destination), safety of electric and thermal power units and networks (other than household units and networks), safety of hydrotechnical structures at the industrial and power supply objects, safety of production, storage and use of explosives of industrial destination, as well as the special state security functions in the mentioned sphere.

The Federal Service shall provide for the normative legal regulation in issues of collection of payment for the negative impact on the environment.

The activities of the Federal Service shall be supervised by the Government of the Russian Federation.

Decision of the Government of the Russian Federation No. 393 of July 30, 2004 on the Procedure for Granting State Guarantees of the Russian Federation in 2004 to Render State Support for the Export of Industrial Products

State guarantees are granted to Russian exporters of industrial products to secure the payments in foreign currencies of a foreign importer, government of the country of the foreign importer or Russian creditor bank to secure the payments in foreign currencies to provide for the return of the credit by a non-resident borrower or government of the country of the non-resident borrower in the presence of the sovereign guarantees of the states where the importers or borrowers are being residents. The maximum amount for each guarantee makes USD 10 million.

Besides, the state guarantees are granted for the borrowings of the ZAO Roseximbank available for the crediting of the Russian exporters and banks, importers, non-resident banks and foreign states in cases of export of the Russian industrial products.

The guarantees are granted on the free basis without subsequent equivalent claims to the person with pertinent obligations and without checking the financial standing of their recipient.

Letter of the Central Bank of Russia No. 87-T of July 23, 2004 on the Actions of the Territorial Institutions of the Bank of Russia in Cases of Revealed Facts of Payment of the Registered Capital with Inappropriate Assets When Examining the Activities of Credit Organisations and Issuing Licenses for Bank Operations

The mentioned actions taken by the territorial institution of the Bank of Russia may not serve as grounds to refuse the registration of changes in the constituent documents pertaining to the increase in the registered capital and registration of the report of the results of issue of securities of the credit organisation, as well as may not serve as grounds to prolong the specified time limits for processing of the documents.

Direction of the Central Bank of Russia No. 1482-U of July 28, 2004 on the List of Securities Included in the Lombard List of the Bank of Russia

The Lombard List of the Bank of Russia is extended to include the bonds of mortgage agencies secured with state guarantees of the Russian Federation, bonds of the subjects of the Russian Federation issued in compliance with the Federal Law on the particulars of issue and circulation of the state and municipal securities, as well as the bonds of credit organisations (bonds with mortgage coverage or bonds with the volume of issue not greater than the claims volume of credit organisations under credit contracts with mortgage backing) secured with state guarantees of the subjects of the Russian Federation.

The mentioned bonds of the subjects of the Russian Federation and credit organisations must meet the following criteria: issuer rating according to the international scale in foreign currency must be at least BB according to the classification of the rating agencies of Standard & Poor`s or Fitch Ratings, or Ba2 according to the Moody`s classification.

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

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-03/449@ of July 29, 2004 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-03/25 of January 21, 2002 on the Endorsement of the Instruction on the Filling of the Declarations for the Value Added Tax

The amendments are introduced pursuant to the Decision of the Higher Arbitration Court of the Russian Federation of June 15, 2004 on the case No. 4052/04 having recognised as invalid and not complying with the Tax Code of the Russian Federation Paragraphs 23 and 26 of Section 2.1 "Calculation of the Total Amount of the Tax" of the Instruction on the filling of the declaration for the value added tax for operations subject to the zero percent rate. The mentioned paragraphs are omitted, since the Tax Code of the Russian Federation does not specify the duty of the taxpayer to restore VAT amounts in the tax declaration and pay them to the budget for the property earlier purchased by the taxpayer for operations subject to VAT and handed over later as a contribution to the registered (shared) capital of economic companies and partnerships or handed over to the successor(s) when reorganised.

Registered in the Ministry of Justice of the Russian Federation on August 5, 2004. Reg. No. 5961.

Order of the Administration of the President of the Russian Federation and the Office of the Government of the Russian Federation No. 1363/1001 of August 6, 2004

Endorses the new list of the full and abbreviated names of the federal bodies of executive power. Lists the federal ministries, services and agencies forming 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. Some of the bodies of executive power preserve their earlier assigned abbreviated names, the reorganised ones get new ones.

Decision of the Government of the Russian Federation No. 404 of August 7, 2004 on the Distribution of the Subsidies to the Budgets of the Subjects of the Russian Federation to Provide for the Equalisation of the Budgets of the Subjects of the Russian Federation.

Selection of the subjects of the Russian Federation to get the subsidies is arranged on the basis of the figures characterising the balance of the summary budgets of the subjects of the Russian Federation.

The right for the subsidy is granted to the subject of the Russian Federation where the ratio of the estimated expenses of its summary budget to a number of payments of social nature for 5 months of 2004 less transferred resources makes at least 60%. The amount of subsidies for other subjects of the Russian Federation in view of the available disbalance of their summary budgets is determined by the Government of the Russian Federation.

Decision of the Government of the Russian Federation No. 402 of August 7, 2004 on the Amendment to the Decision of the Government of the Russian Federation No. 931 of December 29, 2001

Amends the Decision of the Government of the Russian Federation pertaining to the regulation of the commercial debt of the former USSR to foreign commercial creditors. According to the amendment, the Ministry of Finance of Russia, in order to exchange the verified debt, is ordered to issue the bonds of the foreign loans of the Russian Federation in the total volume of not more than USD 2.5 billion.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-25/444@ of July 27, 2004 on the Pilot Project of Expansion of Information Services over Communication Channels and Internet for the Taxpayers Submitting Tax Declarations, Accounting Reports and Other Documents for Calculation and Payment of Taxes and Fees in the Electronic Form over Telecommunication Channels

The pilot project shall be implemented until October 11, 2004 in the tax bodies of Moscow using Tax 2 Moscow software. The project envisages an automatic presentation to the taxpayer request of the current information on the condition of his payments to the budgets (current accruals and received debts in taxes and fees, granted respites and extension schedules, offsettings and returns, accrued and paid out tax sanctions and penalties).

Letter of the Ministry of Taxation of the Russian Federation No. 33-0-11/492@ of August 2, 2004 on the Registration of Cash Registers

Permits to register some models of cash registers with cryptographical protection of fiscal data until January 1, 2008.

Decision of the Government of the Russian Federation No. 406 of August 7, 2004 on the Restructuring in 2004 of the Debt in State Credits Received in 1992-1998 by the Subjects of the Russian Federation and Russian Organisations through Release of Precious Metals from the State Fund of Precious Metals and Precious Stones of the Russian Federation

Defines the terms and procedure of the restructuring in 2004 of the debt in the mentioned state credits as of December 31, 2003. The restructuring of the debt of the subjects of the Russian Federation is carried out under the condition of redrawing of the debt into the state debt of the subject of the Russian Federation, and the debt of the Russian organisations - under the condition of securing of the obligations in the form of the state guarantee of the subject of the Russian Federation acting as a guarantor under the agreement (contract) of the granted state credit. Decisions on the restructuring of the debt are taken by the Ministry of Finance of Russia.

The Decision provides the form of the application submitted to the Ministry of Finance of Russia and lists the documents submitted together with the application. Defines the schedule of redemption of the amounts of the main consolidated debt due for redemption by the debtor on the annual basis.

Unredeemed residue of the main consolidated debt shall accrue interest on the annual basis to be paid out before December 31 for the use of resources of the federal budget in the amount of 1% annual.

If 40% of the main consolidated debt is paid out before December 31, 2012, 40% of the consolidated interest, fines and penalties, as well as 40% of the amount of the mentioned accrued interest for the use of resources of the federal budget will be written off.

In cases of a full and timely execution of obligations in redemption of the main consolidated debt and interest before December 31, 2015, consolidated interest, fines and penalties will be written off completely.

Decision of the Government of the Russian Federation No. 405 of August 7, 2004 on the Amendments to the Decision of the Government of the Russian Federation No. 626 of October 14, 2003

Amends the list of commodities (equipment, including component and spare parts for it) imported to the Russian Federation under the contracts (agreements) with financing opened before August 1, 1998 inclusive and carried out at the expense of the tied credits of the governments of foreign states, banks and companies attracted under the guarantees of the Government of the Russian Federation.

Besides, there are amendments to the list of organisations having concluded the mentioned contracts for supplies of these commodities.

Decree of the President of the Russian Federation No. 1013 of August 7, 2004 "Issues of the Federal Guard Service of the Russian Federation"

The Federal Guard Service of the Russian Federation is a federal body of executive power in charge of the working out of the state policy, normative-and-legal regulation, control and enforcement in the sphere of state guard services, presidential, governmental and other types of special communication (hereinafter, special communication) and information provided to the federal bodies of state power, bodies of state power of the subjects of the Russian Federation and other state bodies. The work of the Federal Guard Service of Russia is supervised by the President of the Russian Federation.

The Federal Guard Service of the Russian Federation shall include the Service of Special Communication and Information after an appropriate reorganisation of the departments, centres of governmental communication and divisions of the special communication.

The Decree also defines the structure of the federal bodies of the state guard services. The Decree is entered into force from the day of its signing.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-04/440@ of July 27, 2004 on the Form of the Tax Notification of the Payment of the Incomes Tax from Natural Persons

Endorses the form of the tax notification of the payment of the incomes tax from natural persons. The notification is sent to the taxpayer by the tax body simultaneously with the payment document.

Registered in the Ministry of Justice of the Russian Federation on August 11, 2004. Reg. No. 5967.

Direction of the Central Bank of Russia No. 1477-U of July 16, 2004 on the Procedure of Revocation of the License for Attraction in Deposits of Monetary Resources of Natural Persons in Roubles, License for Attraction in Deposits of Monetary Resources of Natural Persons in Roubles and Foreign Currencies or the General License in Cases of the Bank's Refusal to Participate in the System of Insurance of Deposits or Its Incompliance with the Requirements of Participation in the System of Insurance of Deposits

In case of the bank's refusal to participate in the system of insurance of deposits or its incompliance with the requirements of participation in the system of insurance of deposits, the license available with the bank for attraction in deposits of monetary resources of natural persons in roubles, license for attraction in deposits of the monetary resources of natural persons in roubles and foreign currencies or the general license is revoked. The revocation is implemented by entering in the mentioned documents the special record according to the appendix. The bank possessing the general license shall get the license for bank operations with resources in roubles and foreign currencies (without the right to attract in deposits monetary resources of natural persons).

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 August 10, 2004. Reg. No. 5965.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-27/468@ of August 10, 2004 on the Endorsement of the Procedural Rules of Organisation of Work with Taxpayers

According to the procedural rules, reception of taxpayers is arranged on the daily basis during the whole of the working time. Taxpayer assignment to a tax inspector according to name initials or names of organisations, streets etc. is not permitted.

Officials of the taxpayer department must treat correctly and attentively the taxpayers, their representatives and other participants of the tax relations without debasing their honour and dignity and promoting a positive attitude to the tax bodies.

Information on the taxpayer representative is recorded on the obligatory basis on the cover sheet of the tax declaration and in the accounting reports.

The official of the taxpayer department may refuse to accept the taxpayer reports if they fail to meet the form. This applies also to the reports received by mail. In this case, the taxpayer is notified of it within 3 days.

The Order defines the procedure of verification of the taxpayer estimates. Its time limits may not be greater than 10 working days if there are no differences in the information of the tax body and the taxpayer. If the differences are revealed in the information of the tax body and the taxpayer, the time limits for the verification of the estimates, drawing up of the act of verification of the taxpayer estimates with the budget may not be greater than 15 working days.

Federal Law No. 99-FZ of August 12, 2004 on the Amendments to Article 82 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 to Article 84 of the Federal Law on the General Principles of Organisation of Local Government in the Russian Federation

Adopted by the State Duma on July 31, 2004.

Approved by the Council of the Federation on August 8, 2004.

Specifies that elections in the bodies of local government, when the period of authority has been prolonged or reduced, must be held before November 1, 2005.

Permits to extend until January 1, 2006 the powers of the bodies of local government of municipal formations existing as of the day of entry into force of Chapter 12 of the Federal Law on the general principles of organisation of local government in the Russian Federation whose borders were changed or that were reorganised according to the procedure specified in Article 84 of the mentioned Federal Law. The prolongation of the period of authority of the mentioned bodies is implemented through the law of the subject of the Russian Federation. Such prolongation of the period of authority of the bodies of local government is reported to the Central Election Commission of the Russian Federation.

The Federal Law is entered into force from the day of its official publication. The text of the Federal Law has been published in Rossiyskaya Gazeta on August 14, 2004, No. 173.

Decision of the Government of the Russian Federation No. 408 of August 12, 2004 on the Amendments to the Decision of the Government of the Russian Federation No. 938 of August 12, 1994

Pursuant to the Decision of the Supreme Court of the Russian Federation No. GKPI 2003-635 of October 10, 2003, the Decision of the Government of the Russian Federation No. 938 of August 12, 1994 now does not contain the provision obliging the owners of transport vehicles to unregister them before concluding the contract terminating the rights for the transport vehicle.

Order of the Federal Service of the Russian Federation for Control over Circulation of Narcotics No. 231 of August 2, 2004 on the Endorsement of the Instruction on the Organisation of Work to Calculate the Length of Service Permitting to Assign the Length-of-Service Supplement to the Monetary Subsistence for the Employees of the Bodies of Control over Circulation of Narcotic Drugs and Psychotropic Substances

Organisation of work to calculate the length of service permitting to assign the length-of-service supplement to the monetary subsistence for the employees of the bodies of control over circulation of narcotic drugs and psychotropic substances is vested in the Personnel Department of the Federal Service of Russia for Control over Circulation of Narcotics together with the Finance and Economics Department of the Federal Service of Russia for Control over Circulation of Narcotics.

The Order specifies that calculation of the length of service permitting to assign the supplement for the employees is arranged according to the rules of calculation of the length of service permitting to assign the length-of-service supplement to the monetary subsistence for the employees of the bodies of control over circulation of narcotic drugs and psychotropic substances endorsed by the Decision of the Government of the Russian Federation No. 258 of May 31, 2004.

Defines the list of the documents confirming the inclusion of the time of service, work and other periods in the length of service permitting to assign the supplement at the previous place of service of the employee having been transferred to the service in the bodies of control over circulation of narcotic drugs and psychotropic substances from the bodies of internal affairs or the federal bodies of the tax police, as well as confirming the time of the previous military service or service in the law enforcement bodies or work in the bodies and institutions of the prosecutor's office included in the length of service permitting to assign the supplement for the employees in the calendar figures or on the beneficial terms depending on the included periods.

Endorses the form of the statement on the length of service permitting to assign the length-of-service supplement to the monetary subsistence.

Registered in the Ministry of Justice of the Russian Federation on August 11, 2004. Reg. No. 5968.

Order of the Ministry of Internal Affairs of the Russian Federation No. 215 of April 2, 2004 on the Measures to Improve the Work of the Temporary Detention Canters of the Bodies of Internal Affairs for the Juvenile Delinquents

Endorses the Instruction on the organisation of work of the temporary detention centres of the bodies of internal affairs for juvenile delinquents to regulate the work of the centres in acceptance and temporary detention of the juvenile delinquents, personal preventive work and further arrangements.

Provides the typical manning table of the temporary detention centres of the bodies of internal affairs for juvenile delinquents.

Registered in the Ministry of Justice of the Russian Federation on August 10, 2004. Reg. No. 5964.

Federal Law No. 101-FZ of August 14, 2004 on the Amendments to Article 29 of the Federal Law on the Audit Chamber of the Russian Federation

Adopted by the State Duma on July 31, 2004.

Approved by the Council of the Federation on August 8, 2004.

Decision to dismiss the Chairman of the Audit Chamber, Deputy Chairman of the Audit Chamber and the auditors of the Audit Chamber, if such decision is taken by vote, needs the majority of votes of the total number of members of the Council of the Federation or deputies of the State Duma respectively. Earlier, at least two thirds was needed of the total number of members of the Council of the Federation or deputies of the State Duma respectively.

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

Federal Law No. 100-FZ of August 14, 2004 on the Amendments to the Federal Law on the Bodies of the Judicial Community in the Russian Federation

Adopted by the State Duma on August 5, 2004.

Approved by the Council of the Federation on August 8, 2004.

Pursuant to the creation of the institute of arbitration appellate courts amends the norms of the delegates of the All-Russia Congress of Judges, norms of representation in the Council of the Judges of the Russian Federation, the Higher Qualification Board of the Judges of the Russian Federation.

Specifies that the Higher Qualification Board of the Judges of the Russian Federation may not include the Chairman of the Supreme Court of the Russian Federation, Chairman of the Higher Arbitration Court of the Russian Federation and their deputies.

Decision of the Government of the Russian Federation No. 412 of August 12, 2004 on the Licensing of Activities Pertaining to Circulation of Narcotic Drugs and Psychotropic Substances

Specifies that the licensing of activities pertaining to circulation of narcotic drugs and psychotropic substances is vested in the Federal Service of Enforcement in the Sphere of Public Health and Social Development.

Decision of the Government of the Russian Federation No. 410 of August 12, 2004 on the Procedure of Interaction of the Bodies of State Power of the Subjects of the Russian Federation and the Bodies of Local Government with the Territorial Bodies of the Authorised Federal Body of Executive Power in the Sphere of Taxes and Fees

Interaction of the bodies of state power of the subjects of the Russian Federation and the bodies of local government with the tax bodies has as its goal providing the fiscal bodies of the subjects of the Russian Federation and the fiscal bodies of local administrations with information necessary to build and execute appropriate budgets where it pertains to the taxes and fees controlled by the tax bodies.

Exchange of information between the tax bodies and the fiscal bodies of the subjects of the Russian Federation shall be carried out according to the attached lists from January 1, 2005, and between the tax bodies and the fiscal bodies of local administrations (for each municipal formation) - from January 1, 2006.

Decree of the President of the Russian Federation No. 1082 of August 16, 2004 "Issues of the Ministry of Defence of the Russian Federation"

The Ministry of Defence of the Russian Federation is a federal body of executive power in charge of the working out and implementation of the state policy, normative-and-legal regulation in the defence sphere. Activities of the Ministry of Defence of the Russian Federation are supervised by the President of the Russian Federation. The Ministry of Defence of Russia is the managing body of the Armed Forces of the Russian Federation. The Ministry of Defence of Russia shall coordinate and control the activities of its subordinate Federal Service of Military and Technical Cooperation, Federal Service of the Defence Order, Federal Service of Technical and Export Control and the Federal Agency of Special Construction.

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

Decree of the President of the Russian Federation No. 1074 of August 13, 2004 "Issues of the State Courier Service of the Russian Federation"

The State Courier Service of the Russian Federation is a federal body of executive power in charge of the special functions in the sphere of courier communication in the Russian Federation. Activities of the State Courier Service of Russia are supervised by the President of the Russian Federation. The State Courier Service of Russia is an integral part of the security system 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. 411 of August 12, 2004 on the Endorsement of the Rules of Reassessment of the Market Cost of the Investment Portfolio for the Purposes of Investing of the Resources of Accumulated Pensions and the Rules of Adjustment of Investment Portfolios of the Management Companies

Defines the procedure of reassessment of the market cost of the investment portfolio for the purposes of investing of the resources of accumulated pensions to be carried out by the management companies in charge of the trust control of the resources of accumulated pensions.

Endorses the procedure of adjustment of investment portfolios of the management companies in charge of the trust control of the resources of accumulated pensions, including the state management company, in cases when the maximum share in the aggregate investment portfolio of securities of one issuer is greater than 30% of the aggregate volume of securities of the given issuer available in circulation.

Decision of the Government of the Russian Federation No. 409 of August 12, 2004 on the Endorsement of the Rules of Redistribution of Subsidies from the Federal Budget to the Budgets of the Closed Administrative Territorial Formations in 2004

The present rules have been worked out in pursuance of Article 54 of the Federal Law on the federal budget for the year 2004. the Decision specifies that redistribution of the subsidies is arranged upon execution of the incomes part of the budgets of the closed administrative territorial formations for the first six months and for the 9 months of 2004. When a closed administrative territorial formation exceeds the planned figures of the incomes budget by more than 15%, the Ministry of Finance of Russia shall suspend the transfer of subsidies to it in the subsequent quarter.

Order of the Ministry of Justice of the Russian Federation No. 135 of August 6, 2004 on the Endorsement of the Instruction on the Procedure of State Registration of the Lease Contracts for Immovable Property

The Instruction regulates the issues pertaining to the particulars of the state registration of the lease contracts for the objects of immovable property (except for the enterprises as property complexes, plots of the forestry fund, isolated water objects and perennial plantations), changing, termination and discontinuation of the lease contracts.

Defines the particulars of submission of the documents for the state registration, legal expert evaluation of the documents and checking of the legality of the lease contract for the immovable property, entry of records of the state registration of the lease contract in the Joint State Register of Rights.

Specifies the procedure of the legal expert evaluation of the documents in cases of changing, termination and discontinuation of the lease contract.

Registered in the Ministry of Justice of the Russian Federation on August 12, 2004. Reg. No. 5974.

Order of the Federal Service of Insurance Enforcement No. 18 of August 16, 2004 on the Revocation of the Licenses for Insurance Activities Issued to Insurance Organisations

Revokes the licenses from 151 insurance organisations according to the attached list for the failure to fulfil the requirements to augment the registered capital specified in Article 25 of the Law of the Russian Federation No. 4015-I of November 27, 1992 on the organisation of insurance work in the Russian Federation.

Decision of the Government of the Russian Federation No. 413 of August 16, 2004 on the Migration Card

Specifies the procedure of use of the migration card by a foreign citizen or stateless person on the territory of the Russian Federation.

From January 1, 2005 introduces the new type of the migration card. Migration cards issued before January 1, 2005 preserve their force together with the new type migration cards and do not need to be exchanged.

Order of the Ministry of Finance of the Russian Federation No. 64n of August 2, 2004 on the Amounts of the Daily Subsistence and the Limiting Norms of Reimbursement of Lodging Expenses for Short-Term Business Trips on the Territories of Foreign Countries

From January 1, 2005 fixes the new amounts of the daily subsistence and the limiting norms of reimbursement of the lodging expenses for short-term business trips on the territories of foreign countries.

Registered in the Ministry of Justice of the Russian Federation on August 17, 2004. Reg. No. 5981.

Direction of the Central Bank of Russia No. 1481-U of July 27, 2004 on the Amendments to the Direction of the Bank of Russia No. 1376-U of January 16, 2004 on the List, Forms and Procedure of Drawing up and Submission of the Reports of Credit Organisations to the Central Bank of the Russian Federation

Introduces reporting forms No. 0409070 "Information on the Use of Internet Technologies by the Credit Organisations", 0409110 "Deciphering of Individual Balance Accounts and the Symbols of the Report of Profits and Losses for the Purposes of the Accounting Balance Report (Published Form), Report of Profits and Losses (Published Form) and the Estimate of Figures Used to Assess the Financial Stability of Credit Organisations", 0409159 "Information of Observation by Credit Organisations Issuing Bonds with Mortgage Coverage of the Requirements of the Mortgage Coverage of the Bonds", 0409639 "Certificate of Internal Control in the Credit Organisation", 0409806 "Accounting Balance Report (Published Form)", 0409807 "Report of Profits and Losses (Published Form)", 0409808 "Report of Sufficiency of Capital, Amount of Reserves for Doubtful Loans and Other Assets", 0409812 "Information on the Composition of the Bank (Consolidated) Group, Level of Sufficiency of Own Resources and Amount of Built Reserves for Doubtful Loa ns and Other Assets".

Endorses the new wordings of the reporting forms No. 0409115 "Information on the Quality of Loans, Debts in Loans and Other Similar Debts", 0409135 "Information on Obligatory Normatives", 0409302 "Information on Credits and Debts in Credits Granted to Borrowers of Various Regions and Amount of Attracted Deposits", 0409402 "Information on Payments between Residents and Non-Residents for the Works, Services, Results of Intellectual Activities and Non-Trading Operations", 0409405 "Information on Payments in Operations with Securities between Residents and Non-Residents", 0409407 "Information on Money Transfers of Natural Persons from the Russian Federation and to the Russian Federation to Natural Persons", 0409801 "Report of the Composition of the Bank (Consolidated) Group", 0409802 "Consolidated Balance Report", 0409803 "Consolidated Report of Profits and Losses", 0409804 "Report of the Open Foreign Exchange Positions of the Bank (Consolidated) Group as of the End of the Operative Day", 0409805 "Estimate of Own Resources (Net Assets) and Obligatory Normatives of the Bank (Consolidated) Group".

Amends other reporting forms and their drawing up and submission procedures.

The Direction is entered into force and shall apply when the credit organisations draw up and submit reporting forms and other information envisaged in Appendix 2 to the Direction of the Bank of Russia No. 1376-U of January 16, 2004 on the list, forms and procedure of drawing up and submission of the forms of reports of credit organisations to the Central Bank of the Russian Federation from September 1, 2004 except for individual provisions.

Registered in the Ministry of Justice of the Russian Federation on August 12, 2004. Reg. No. 5970.

Federal Law No. 102-FZ of August 18, 2004 on the Amendments to Part 2 of the Tax Code of the Russian Federation and Some Other Acts of the Legislation of the Russian Federation

Introduces the zero rate of the value added tax for the export of oil and natural gas to the territories of the CIS member-states. Increases the tax rate for the extraction of mineral resources when extracting natural gas for all deposits of hydrocarbon raw materials from Rbl 135 per 1,000 cubic meters of gas (earlier, Rbl 107). Increases also the tax rate for the extraction of oil to Rbl 419 per ton (earlier, Rbl 347).

The Federal Law is entered into force from January 1, 2005.

Direction of the Central Bank of Russia No. 1476-U of July 16, 2004 on the Procedure of Sending the Demand of the Bank of Russia for the Bank's Request to Terminate the Right of Work with Deposits

In cases of the bank's refusal to participate in the system of insurance of deposits or recognising the bank as not meeting the requirements of participation in the system of insurance of deposits, the demand of the Bank of Russia for the bank's request to terminate the right of work with deposits is sent by the Bank of Russia by registered mail.

Endorses the form of the demand of the Bank of Russia for the bank's request to terminate the right of work with deposits. Defines the time limits for sending the mentioned demand.

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 August 19, 2004. Reg. No. 5985.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-24/441@ of July 27, 2004 on the Endorsement of the Forms of Documents Containing Information on the Bank Accounts of Legal Entities and Independent Entrepreneurs

Endorses the forms of the bank's report to the tax body of the opening (closing) of the bank account, information letter of the tax body of the receiving of the bank's report of the opening (closing) of the bank account and the bank's notification of the changing of the bank account numbers of the bank clients.

Registered in the Ministry of Justice of the Russian Federation on August 13, 2004. Reg. No. 5978.

Decision of the Government of the Russian Federation No. 418 of August 19, 2004 on the Endorsement of the Regulation on the Federal Agency of the Cadastre of Objects of Immovable Property

The Federal Agency of the Cadastre of Objects of Immovable Property is a federal body of executive power in charge of the state property management and rendering of state services in the keeping of cadastres of objects of immovable property, land planning, inventory taking of objects of city planning activities, state cadastral land assessment and the state monitoring of lands, as well as the state land control.

The Federal Agency of the Cadastre of Objects of Immovable Property shall implement the state land control over observation of the land legislation, requirements of protection and use of lands.

The Federal Agency of the Cadastre of Objects of Immovable Property is supervised by the Ministry of Economic Development and Trade of the Russian Federation.

The Decision defines the sphere of reference, rights, organisation of activities of the Federal Agency of the Cadastre of Objects of Immovable Property.

Order of the Ministry of Defence of the Russian Federation and the Ministry of the Industry and Power Supplies of the Russian Federation No. 206/37 of July 12, 2004 on the Endorsement of the Manual on the Aviation Search and Rescue in the State and Experimental Aviation

The goal of the aviation search and rescue is the saving of passengers and crews of the air (sea) vessels in emergency situations, evacuation of cosmonauts and landing vessels from the place of landing, as well as rendering aid by aviation means in natural or technological emergency situations.

The aviation search and rescue shall be arranged by the Federal Department of the Air and Space Search and Rescue of the Ministry of Defence of the Russian Federation.

The Order defines the organisation of the standby duty service of the search and rescue means and forces and the flight control stations in the framework of the aviation search and rescue system, training procedures of the search and rescue means and forces for rescue works, ground rescue teams, paratrooper rescue groups. Describes the procedure of actions of the crew of the air vessels in emergency, procedure of organisation of rescue works. Examines the issues of rescue support of the space flights, rescue works for the space objects. Defines the duties of the officials in the organisation of rescue support of the air and space flights. Provides the list of emergency equipment and the outfit of on-duty rescue vessels, ground rescue teams and paratrooper groups.

Registered in the Ministry of Justice of the Russian Federation on August 12, 2004. Reg. No. 5975.

Federal Law No. 119-FZ of August 20, 2004 on the State Protection of the Victims, Witnesses and Other Participants of Criminal Proceedings

The Federal Law institutes the system of measures of state protection of the victims, witnesses and other participants of the criminal proceedings including the measures of security and social protection for the mentioned persons, as well as defines the reasons and procedure of their application.

Defines the list of participants of criminal proceedings entitled for the state protection, the bodies providing state protection, as well as the types of state protection.

Specifies the rights and duties of the protected persons and bodies providing state protection, as well as the responsibility for the violation of the requirements of the Federal Law.

Defines the procedure of financing and material-and-technical support of the state protection.

The Federal Law is entered into force from January 1, 2005.

Federal Law No. 118-FZ of August 20, 2004 on the Amendments to the Code of Administrative Violations of the Russian Federation and the Customs Code of the Russian Federation

Pursuant to the adoption of the new Customs Code, there is a need to refine corpus delicti of some of the violations in the customs sphere and sanctions for them, as well as to refine a number of terms. The Law provides the new wording for Chapter 16 of the Code of Administrative Violations (administrative violations in the customs sphere). Important changes pertain to the common part of the Code (in particular, the principles of imposing administrative punishments for multiple administrative violations). Besides, provides the new wording for Article 15.25 of the Code of Administrative Violations on the punishments for the violations of the normative acts on currency regulation.

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

Federal Law No. 116-FZ of August 20, 2004 on the Amendments to Article 8 of the Law of the Russian Federation on the Payment for the Land

The document is an integral part of the packet of laws aimed at the building of the market of affordable housing. Specifies that the tax on the lands provided to natural persons for personal housing construction is collected from the whole of the area of the land plot in the amount of three percent of the rates of the land tax specified for the cities or urban residential settlements, however, not less than Rbl 10 per square meter.

The land tax for the land plots purchased as property by natural persons and legal entities for housing construction, except for the personal housing construction, is collected in double the amount during the three-year period of design works and construction until the state registration of the rights for the built object of immovable property.

The Federal Law is entered into force from January 1, 2005, however, no sooner than one month after the day of its official publication and applies to legal relations in taxation of land plots purchased as property by natural persons and legal entities for housing construction and personal housing construction from January 1, 2005.

Legal relations in taxation of the land plots purchased as property by natural persons and legal entities for housing construction and personal housing construction before January 1, 2005 are subject to the taxation procedure specified in Parts 1-8 of Article 8 of the Law of the Russian Federation No. 1738-I of October 11, 1991 on the payment for the land with amendments introduced by the present Federal Law.

Part 5 of Article 8 of the Law of the Russian Federation No. 1738-I of October 11, 1991 on the payment for the land with amendments introduced by the present Federal Law applies to legal relations emerging from January 1, 2000.

Federal Law No. 115-FZ of August 20, 2004 on the Amendment to Article 16 of the Federal Law on the Advertising

Promotion materials for beer and drinks made on its basis may not depict human beings and animals, be distributed in radio and TV programs from 7 to 22 hours local time, be distributed on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines etc.

The Federal Law is entered into force 10 days after the day of its official publication except for the provision prohibiting depiction of human beings and animals to be entered into force from January 1, 2005.

Federal Law No. 114-FZ of August 20, 2004 on the Amendments to the Code of Administrative Violations of the Russian Federation

Improves the mechanism of state control over observation by economic subjects of the antimonopoly legislation of the Russian Federation, legislation on advertising, on natural monopolies, as well as enhances administrative responsibility of economic subjects for the publicly dangerous administrative violations in the mentioned spheres. Amends two administrative violations of the management procedures. Refines the wording of Article 19.5 of the Code - administrative responsibility is envisaged not only for the failure to execute within specified time limits the legal order of the body (official) in charge of the state enforcement (control) but also the decision of such body. Makes more specific Article 19.8 of the Code. Its name in the new wording is "Failure to Present Requests, Notifications (Applications), Information to the Federal Antimonopoly Body, Its Territorial Bodies or the Bodies of Regulation of Natural Monopolies". The new wording of the article permits to call to account not only legal entities a nd officials, but also citizens.

Federal Law No. 113-FZ of August 20, 2004 on the Jury of the Federal Courts of General Jurisdiction in the Russian Federation

Defines the categories of courts permitted to process criminal cases with jury participation. Endorses the requirements to the members of the jury. Specifies the procedure and principles of building of the lists of the members of the jury, including the restrictions for individual categories of citizens, the duties of the bodies of executive power of the subjects of the Russian Federation in the building of the lists of the members of the jury, time limits for attraction of the members of the jury to execute appropriate duties, opportunities of an early termination or suspension of the powers of the members of the jury, material support of the work of the members of the jury, as well as the guarantees of their independence.

The lists of candidates of the members of the jury for the courts permitted by the legislation of the Russian Federation to process criminal cases with jury participation must be drawn up within three months from the day of entry into force of the given Federal Law.

Citizens included in the lists of candidates of the members of the jury before the entry into force of the present Federal Law shall preserve their powers before the drawing up of the lists of the members of the jury in compliance with the given Federal Law, and if they participate as the members of the jury in the criminal cases that cannot not be resolved before the end of this term - until these cases are over.

Federal Law No. 112-FZ of August 20, 2004 on the Amendments to Articles 220 and 224 of Part 2 of the Tax Code of the Russian Federation

The document is an integral part of the packet of laws aimed at the building of an affordable market of housing. Specifies that the taxpayer is entitled for property tax exemptions in the amounts received by the taxpayer during the tax period from the sale of dwelling homes, apartments, including the privatised housing space, countryside cottages, garden homes or land plots and shares in the mentioned property.

The period of possession of the mentioned property by the taxpayer is reduced from five to three years.

The property tax exemption applies to the redemption of interest for all types of tied credits (loans) for the purchase and construction of housing on the territory of the Russian Federation granted by both the banks of the Russian Federation and other Russian credit and non-credit organisations.

The mentioned property tax exemption may be granted to the taxpayer before the end of the tax period, if he applies to the employer, under the condition of confirmation of the taxpayer right for the property tax exemption by the tax body drawn up according to the form endorsed by the federal body of executive power in charge of control and enforcement in the sphere of taxes and fees.

The Law specifies the rate in the amount of 13 percent for taxation of incomes in the form of material gain from the savings of the interest for the use of tied credits (loans) spent for the purchase or construction of housing on the basis of the documents confirming the tied use of the credits (loans).

Introduces the tax rate in the amount of 9 percent for the incomes in the form of interest under the bonds with mortgage coverage issued before January 1, 2007, as well as for the incomes of the founders of the trust control of the mortgage coverage obtained from the purchase of the mortgage certificates of participation issued by the mortgage coverage manager before January 1, 2007.

The Federal Law is entered into force from January 1, 2005, however, no sooner than one month after the day of its official publication.

Federal Law No. 111-FZ of August 20, 2004 on the Amendment to Article 60 of the Budget Code of the Russian Federation

The document is an integral part of the packet of laws aimed at the building of the market of affordable housing. Specifies that before the delimitation of the state property for land, the local budget shall get the full amount of incomes from the sale and leasing of the state-owned land plots located within the boundaries of municipal formations and intended for housing construction.

The Federal Law is entered into force from January 1, 2005.

Federal Law No. 110-FZ of August 20, 2004 on the Amendment to Article 256 of Part 2 of the Tax Code of the Russian Federation

The document is an integral part of the packet of laws aimed at the building of the market of affordable housing. Specifies that amortised property received by the investor organisation from the proprietor in compliance with the legislation of the Russian Federation on investment agreements in the sphere of communal services must be amortised with the given organisation during the period of validity of the investment agreement according to the procedure specified in the present chapter.

The Federal Law is entered into force from January 1, 2005, however, no sooner than the first of the subsequent tax period for the profit tax from organisations.

Federal Law No. 109-FZ of August 20, 2004 on the Amendments to Articles 146 and 149 of Part 2 of the Tax Code of the Russian Federation

The documents is an integral part of the packet of laws aimed at the building of the market of affordable housing. Specifies that operations of sale of land plots (shares in them) are not recognised as objects of taxation for the value added tax. Exempted from taxation on the territory of the Russian Federation are the sale of dwelling homes, dwelling space, as well as the shares in them and the transfer of the share in the right for the common property in a multi-apartment home when selling apartments.

The Federal Law is entered into force from January 1, 2005, however, no sooner than one months after the day of its official publication.

Federal Law No. 108-FZ of August 20, 2004 on the Amendments to Articles 359 and 361 of Part 2 of the Tax Code of the Russian Federation

Refines the procedure of determination of the taxable base for the transport tax for air vessels with a jet engine. The taxable base for the mentioned objects is determined by the jet thrust in kilogramforces rather than the engine power rating in housepowers. The refinements are aimed at improving the system of payment of the transport tax.

The Federal Law is entered into force from January 1, 2005, however, no sooner than one month after the day of its official publication.

Federal Law No. 107-FZ of August 20, 2004 on the Amendment to Article 284 of Part 2 of the Tax Code of the Russian Federation

The document is an integral part of the packet of laws aimed at the building of the market of affordable housing. The changes pertain to the fixing of the tax rates for the profit tax from organisations for operations with individual types of obligations, in particular, mortgage certificates.

The Federal Law is entered into force from January 1, 2005, however, no sooner than one month after the day of its official publication.

Federal Law No. 106-FZ of August 20, 2004 on the Amendment to Article 49 of the Federal Law on the Insurance of the Deposits of Natural Persons in the Banks of the Russian Federation

The provisions of Part 1 of Article 49 of the Federal Law that were in effect earlier created unequal conditions at the market of bank services. Credit organisations with the participation of the Bank of Russia in their capital obtained unmotivated competitive advantage until January 1, 2007 as compared to other credit organisations regardless of the fact that all of them joined the system of deposit insurance. The mentioned credit organisations obtained additional opportunities to attract resources of the population resulting in a further monopolisation of the market of bank services.

The amendments to Article 49 of the Federal Law on insurance of the deposits of natural persons in the banks of the Russian Federation equalise the standing of all banks included in the system of insurance of deposits.

Federal Law No. 105-FZ of August 20, 2004 on the Amendments to Articles 250 and 251 of Part 2 of the Tax Code of the Russian Federation

The documents is an integral part of the packet of laws aimed at the building of the market of affordable housing. Specifies that amounts of payables written off by the mortgage agent in the form of obligations to the holders of stocks with mortgage coverage are not included in the non-sale incomes of the taxpayer.

Determination of the taxable base does not include the incomes in the form of property, including the monetary resources, and/or proprietary rights obtained by the mortgage agent during his registered activities.

The Federal Law is entered into force from January 1, 2005, however, no sooner than one month after the day of its official publication.

Federal Law No. 104-FZ of August 20, 2004 on the Amendments to Article 4 of the Law of the Russian Federation on the State Duty

The Law is aimed at the creation of conditions to build the market of housing affordable for citizens by reducing the costs of the notary certification of the transactions at the market of the mortgage housing crediting. Reduces significantly the cost of the mortgage credit making it more affordable for citizens.

The amendments reduce the amount of the state duty for obligatory certification of the mortgage contract if the given requirement is specified in the Federal Law. For the cases of certification of the mortgage contract for the dwelling space as a security of the return of the credit (loan) provided for the purchase or construction of the dwelling home, apartment, the state duty amounts to Rbl 200. In this case, the obligatory certification of the mortgage contract for other property, the state duty is fixed in the amount of 0.3% of the cost of the pawned property, however, not more than Rbl 3,000.

Abandons the state duty for the state registration of the mortgage contract and issue of the document of the given registration, as well as for the excerpt from the register. These operations become free for the citizens.

The Federal Law is entered into force one months after the day of its official publication.

Federal Law No. 103-FZ of August 20, 2004 on the Amendments to Article 217 of Part 2 of the Tax Code of the Russian Federation

Provides for the protection of the rights and interests of the invalids. Exempts from the income tax from natural persons amounts paid out by public organisations of invalids for the medical treatment and services for the invalids, as well as the amounts of material aid rendered to invalids by public organisations of invalids.

The Federal Law is entered into force from January 1, 2005.

Federal Law No. 121-FZ of August 20, 2004 on the Amendments to the Federal Law on Insolvency (Bankruptcy) of Credit Organisations and Invalidation of Some of the Legislative Acts (Provisions of Legislative Acts) of the Russian Federation

The goal of the amendments is reduction of the risk of insolvency and financial rehabilitation of credit organisations, prevention of deliberate bankruptcy and protection of interests of creditors. The Law institutes, in particular, additional responsibility of the bank management and owners for the actions in anticipated bankruptcy. Besides, the Law vests the functions of the bankruptcy commissioner in cases of bankruptcy of credit organisations attracting resources of natural persons in the special non-commercial organisation - Agency of Insurance of Deposits operating as a state-run corporation.

The Federal Law is entered into force three months after the day of its official publication.

Federal Law No. 120-FZ of August 20, 2004 on the Amendments to the Budget Code of the Russian Federation Pertaining to Regulation of Inter-Budget Relations

Eliminates three levels of the budget system of the Russian Federation, envisages separation of the local budgets into the budgets of two levels (types) - those of municipal regions and residential settlements.

While refining the definitions of a number of principles of the budget system of the Russian Federation, introduces the new principle of equality of the budget rights of the subjects of the Russian Federation, municipal formations by prohibiting specific relations between the bodies of power of various levels in the budget process not complying with the Code.

Specifies uniform principles and mechanisms of granting transfers to budgets of other levels from the federal budget, budgets of the subjects of the Russian Federation and local budgets. Introduces the new chapter regulating the status and functions of the temporary fiscal administration. The temporary fiscal administration may be introduced for up to 1 year by the decision of the court of arbitration if the overdue debt of the subject of the Russian Federation (municipal formation) is greater than 30% of the own incomes of the appropriate budget. Defines the notion and composition of the mentioned debt, as well as specifies the functions and authority of the temporary fiscal administration.

Specifies that cash services for the budgets of all levels of the budget system of the Russian Federation is vested in the Federal Treasury through accounts opened in the Bank of Russia.

The Federal Law is entered into force from January 1, 2005 except for individual provisions.

Federal Law No. 117-FZ of August 20, 2004 on the Accumulation Mortgage System of Housing Support for the Servicemen

The subject of the legal regulation of the Law is relations pertaining to the building, particulars of investing and use of resources of the housing support for the servicemen ensuring state support by accumulating resources of the federal budget and maintaining servicemen solvency for the purposes of mortgage housing crediting.

The Law defines the participants of the accumulation mortgage system, specifies their rights and duties.

Introduces opportunities of purchase of housing by servicemen as property using mortgage crediting tools any time after three years of participation in the accumulation mortgage system without waiting for the end of the service, as well as of choosing of the place of location and the housing space.

Regulates the issues of building of accumulated housing resources, principles of their placing and investing, authority of the Government of the Russian Federation, federal bodies of executive power participating in the accumulation mortgage system, authorised federal body in charge of the functioning of the accumulation mortgage system of housing support for the servicemen.

The Federal Law is entered into force from January 1, 2005.

Decree of the President of the Russian Federation No. 1085 of August 16, 2004 "Issues of the Federal Service of Technical and Export Control"

Specifies that the Federal Service of Technical and Export Control, its territorial bodies and subordinate organisations shall become successors of the State Technical Commission of the President of the Russian Federation, its territorial bodies and subordinate organisations.

The Federal Service of Technical and Export Control is a federal body of executive power in charge of the implementation of the state policy, interagency coordination and interaction, special and control functions in the state security sphere; authorised body in the sphere of countermeasures against technical intelligence services and technical protection of information, as well as the specially authorised body in the sphere of export control; body of protection of the state secret empowered with authority to dispose of information comprising the state secret.

Activities of the Federal Service of Technical and Export Control are supervised by the President of the Russian Federation. The Federal Service of Technical and Export Control is subordinate to the Ministry of Defence of Russia.

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

Decree of the President of the Russian Federation No. 1084 of August 16, 2004 "Issues of the Federal Agency of Special Construction"

The Federal Agency of Special Construction is a federal body of executive power in charge of the organisation of works in the sphere of special construction, highway construction and communication for the interests of state defence and security using the forces of the military engineering and technical units and the military highway construction units of the Federal Agency of Special Construction.

Activities of the Federal Agency of Special Construction of Russia are supervised by the President of the Russian Federation. The Federal Agency of Special Construction is subordinate to the Ministry of Defence of Russia providing for the coordination and control of its activities.

The Decree endorses the structure and composition of the Federal Agency of Special Construction.

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

Decree of the President of the Russian Federation No. 1083 of August 16, 2004 "Issues of the Federal Service of the Military and Technical Cooperation"

The Federal Service of the Military and Technical Cooperation is a federal body of executive power in charge of control and enforcement in the sphere of the military and technical cooperation of the Russian Federation with foreign states.

Activities of the Federal Service of the Military and Technical Cooperation of Russia are supervised by the President of the Russian Federation. The Federal Service of the Military and Technical Cooperation of Russia is subordinate to the Ministry of Defence of Russia providing for coordination and control of its activities.

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

Decision of the Government of the Russian Federation No. 424 of August 20, 2004 on the Amendments to Some of the Decisions of the Government of the Russian Federation on the Draft Legislation

Specifies that proposals on the draft legislation of the Government of the Russian Federation may be introduced in the Ministry of Justice of the Russian Federation only by the federal bodies of executive power supervised by the President of the Russian Federation or the Government of the Russian Federation.

The draft statements, amendments and official opinions of the Government of the Russian Federation prepared by the federal bodies of executive power are introduced in the Government of the Russian Federation exclusively by the heads of the federal bodies of executive power or the acting heads together with attached materials received from the subjects possessing the right of legislative initiative or the State Duma of the Federal Assembly of the Russian Federation and the interested federal bodies of executive power.

It is not permitted for the federal bodies of executive power to present the draft laws in the chambers of the Federal Assembly of the Russian Federation and other subjects possessing the right of legislative initiative, as well as to hand over other materials pertaining to legislative activities.

The statements on the draft laws, before they are introduced in the Government of the Russian Federation, are signed by the Minister of Justice of the Russian Federation or his deputies and are sent to the appropriate federal body of executive power within 5 days from the date of receiving of the draft laws as a rule. Depending on the volume and complexity of the draft law, another time limits for preparation of the statement may be specified upon coordination between the Ministry of Justice of the Russian Federation and the appropriate federal body of executive power, which may not be greater than 30 days.

Decision of the Government of the Russian Federation No. 433 of August 24, 2004 on the Amendments to and Invalidation of Some of the Acts of the Government of the Russian Federation Pursuant to the Adoption of the Federal Law on Currency Regulation and Currency Control

Amends some of the Decisions of the Government of the Russian Federation pursuant to the entry into force of the Federal Law No. 173-FZ of December 10, 2003 on currency regulation and currency control. In particular, refines the notion of the "foreign currency" for the purposes of Regulation on the procedure of return to the citizens of illegally confiscated, exacted or withdrawn from possession in another way property because of political repressions, reimbursement of its cost or paying out of the monetary compensation.

Decision of the Government of the Russian Federation No. 432 of August 24, 2004 on the Procedure of Arranging in 2004 of Auctions of Sale of the Volumes of Beef and Pork Envisaged in the Decisions of the Government of the Russian Federation Nos. 721, 722 and 723 of November 29, 2003

Specifies that in 2004, the auctions for the sale of 10 percent of the volumes of fresh, chilled, frozen beef and pork envisaged in the mentioned Decisions shall be arranged according to the procedure specified by the Ministry of Economic Development and Trade of the Russian Federation in coordination with the Ministry of Agriculture of the Russian Federation and the Federal Service for Financial Markets

Decision of the Government of the Russian Federation No. 429 of August 21, 2004 on the Federal Customs Service

The Federal Customs Service is a federal body of executive power in charge of control and enforcement in the customs sphere in compliance with the legislation of the Russian Federation, as well as the functions of the agent of currency control and the special functions of combating of smuggling, other crimes and administrative violations.

The Federal Customs Service is supervised by the Ministry of Economic Development and Trade of the Russian Federation.

Before adoption of the appropriate normative legal acts, the Federal Customs Service shall provide for the keeping and publishing of the Foreign-Trade Commodity Nomenclature, preparation, endorsement and publishing of the decisions on issues of interpretation of the Commodity Nomenclature; issue qualification certificates of specialists of the customs registration; provide for the metrological support of the work of the customs bodies.

Decision of the Management Board of the Pension Fund of Russia No. 98n of July 22, 2004 on the Endorsement of the Procedure of Registration in the Territorial Bodies of the Pension Fund of Russia of Insurants Transferring Insurance Payments to the Pension Fund of the Russian Federation in the Form of Fixed Payments

Defines the rules of registration in the territorial bodies of the Pension Fund of the Russian Federation of insurants being independent entrepreneurs (including the heads of the peasant (farmers') enterprises), private notaries, private detectors, lawyers, tribal, family communities of the native small peoples of the North, as well as the persons of insurant status for the purposes of Federal Law No. 167-FZ of December 15, 2001.

The registration number assigned to the insurant may not be re-assigned anew to another insurant including the cases of removal of the insurant from the records in the territorial bodies of the Pension Fund of Russia because of the termination of activities, as well as in case of death of the natural person.

Insurants having been registered in the territorial bodies of the Pension Fund of Russia before the entry into force of the present Procedure preserve the earlier assigned registration number.

The Decision endorses the forms of the application for the registration in the territorial bodies of the Pension Fund of Russia of the insurant transferring insurance contributions to the Pension Fund of the Russian Federation in the form of a fixed payment and the application for the registration in the territorial bodies of the Pension Fund of Russia of the insurant having engaged in the obligatory pension insurance on the voluntary basis, as well as their filling procedures.

Registered in the Ministry of Justice of the Russian Federation on August 20, 2004. Reg. No. 5989.

Decree of the President of the Russian Federation No. 1103 of August 24, 2004 on the Amendments to the Regulation on the Issue and Circulation of the Housing Certificates Endorsed by the Decree of the President of the Russian Federation No. 1182 of June 10, 1994

Specifies that the housing certificates may be issued in one of the forms envisaged in the Federal Law No. 39-FZ of April 22, 1996 on the securities market. The forms of the housing certificates (personal undocumented, bearer documented) must be defined in the decision of their issue.

Defines the list of obligatory requisites to be contained in the housing certificate issued in the documented form in addition to the obligatory requisites envisaged in the mentioned Federal Law.

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

Direction of the Central Bank of Russia No. 1484-U of August 9, 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 amendments pertain mostly to the procedure of registration of the fixed assets, non-material assets, material reserves.

Introduces the notion of the current (replacement) cost of objects of the fixed assets and the period of useful life of objects of fixed assets and non-material assets and explains the procedure of their determination.

The Direction must be published in the Herald of the Bank of Russia and enters into force from January 1, 2005 except for Subitem 1.1.2 of Item 1.1 to be entered into force 10 days after the day of official publication of the given Direction.

Registered in the Ministry of Justice of the Russian Federation on August 24, 2004. Reg. No. 5992.

Federal law No. 122-FZ of August 22, 2004 On Amending the Legislative Acts of the Russian Federation and Invalidation of Some Legislative Acts of the Russian Federation In Connection With the Adoption of Federal Laws On Making Changes and Amendments in the Federal Law On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Authority of the Subjects of the Russian Federation and On General Principles of Organization of Local Self Government in the Russian Federation

It amends 155 and invalidates 41 legislative acts of the Russian Federation. The amendments are aimed at revising the federal legislation in part concerning delimitation of powers between the bodies of authority at different levels and financial security of same.
In particular, as regards citizens whose social back-up (social protection) is assigned to the powers of federal state authorities, the law provides for replacement of the basic portion of in-kind privileges (except for privileges in payment for housing and utility services) with monthly monetary compensations.
In the sphere of social policy, issues of local importance shall include: the provision of housing to low-income citizens who need improvement of their housing conditions, trusteeship and guardianship.
All the remaining powers associated with social policy and social back-up of citizens may be exercised by the bodies of local self-government either by using subventions, provided they are vested with relevant state powers or on their initiative, with the availability of their own resources and also in cases directly specified under federal laws, laws of the subjects of the Russian Federation.
Besides, it prescribes that the bodies of state authority of the subjects of the Russian Federation shall be authorized to provide subventions to local budgets in order to pay to citizens "specific address" subsidies towards housing and utilities payment as is envisaged by the standards set under the laws of the subjects of the Russian Federation.
It cancels privileges of free travel to members of the Federation Council, deputies of the State Duma of the Federal Assembly of the Russian Federation and to their assistants on all types of city and commuter passenger transport.
The Federal law shall, with some exceptions, take effect as from January 1, 2005.

Decree of the President of the Russian Federation No. 1114 of August 25, 2004 On Suspension of Some Decrees of the President of the Russian Federation In Connection With Adoption of the Federal law On the 2004 Federal Budget

It suspends till January 1, 2005 individual norms of the Decree of the President of the Russian Federation in part concerning payment as from January 1, 2001 to post-graduates of a compensation for expenses in connection with the increased cost of meals in the amount of two Rubles per person a day and also in part concerning allocation of monies from the federal budget to finance research and development work of civil purpose in the amount of not less than 3 (three) per cent of its spending portion with an annual increase in the amount of those funds as the economy acquires stability.
The Decree shall take effect as from its signature date.

Decision of the Governing Board of the Pension Fund of Russia No. 97p of July 19, 2004 On Approval of the Procedure for Registration With Territorial Bodies of the Pension Fund of Russia of Insurers Effecting Payments to Individuals

It determines rules of registration with territorial bodies of the Pension Fund of Russia of insurers effecting payments to individuals.
The registration of organizations shall be made regardless of the presence at the time of registration of obligations to pay insurance premiums towards obligatory pension insurance.
The registration of generic, family communities of indigenous small peoples of the North, of individuals, including individual entrepreneurs (including heads of peasant's (farmer's) enterprises), of notaries, private detectives and lawyers engaged in private practice shall be carried out in the event they made labor contracts or contracts of civil in-law character whose subject-matter includes execution of work or offering services and also copyright contracts with natural persons.
It approves forms of documents required for registration with a territorial body of the Pension Fund of the Russian Federation.
Registered with the Ministry of Justice of the Russian Federation in August 24, 2004. Registration No. 5993.

Decision of the Government of the Russian Federation No. 443 of August 27, 2004 On the Endorsement of Regulations On the Ministry of Economic Development and Trade of the Russian Federation

The Ministry of Economic Development and Trade of Russia is a federal body of executive authority that shall perform the functions of shaping state policy and statutory legal regulation in the sphere of analysis and forecasting of socio-economic development, promotion of entrepreneurial activities, including of medium and small business, foreign economic activity, customs trade, trade, property relations, insolvency (bankruptcy) and financial improvement of organizations, land relations and territorial zone-setting, economic development of the subjects of the Russian Federation and municipal entities, investment activity, drafting of intergovernmental and federal directed programs, mobilizing preparation of the RF economy, management of state material reserves, making up of the state defense order, purchases of goods and services for governmental and municipal needs.
The Ministry of Economic Development and Trade of Russia is an authorized federal body of executive authority that shall carry out state regulation of foreign trade activity, regulation of assessment activity; arrange the holding of contests and auctions to sell export and import quotes in case of quantitative restrictions on export and import of goods imposed by the Government of the Russian Federation.
The Ministry of Economic Development and Trade of Russia shall exercise coordination and control over activities of the Federal Customs Service, Federal Agency For State Reserves, Federal Agency of Real Estate Projects Cadastre, Federal Agency For Management of Federal Property being under its control and also coordination of activities of the Russian Fund of Federal Property.

Decision of the Government of the Russian Federation No. 441 of August 26, 2004 On the Federal Standards of Payment For Housing and Public Utilities and Procedure Of Compensation For the Expenses of Major Renovation of Housing For the Year 2005

It provides that the 2005 federal standard of the ultimate amount of housing and public utilities per sq. m of the total floor area a month, as an average across the Russian Federation, shall be fixed at 31.9 Rubles (26.4 Rubles in 2004).
The federal standard of major renovation of housing per sq.m of the total floor area a month, as an average across the Russian Federation, is fixed at 2.8 Rubles (2.6 Rubles in 2004).
It also sets new amounts of the federal standard regarding the ultimate amount of housing and public utilities per sq.m of the total floor area a month in respect of closed administrative territorial entities.
The standards shall be applied with the objective to assess the amount of financial aid to be provided to the budgets of the subjects of the Russian Federation from the funds of the federal budget.

Directive of the Central Bank of the Russian Federation No. 1485-U of August 9, 2004 On the Requirements To the Development and Training of Personnel At Credit Institutions

It stipulates that credit institutions shall prepare programs of personnel development and training to prevent the legalization (laundering) of incomes derived in a criminal way and the funding of terrorism with due regard taken of the specificity of their activity, the specificity of activities of the customers and the degree (level) of risk of the customers performing such operations.
The program of training prepared at credit institution shall be approved by the head of that institution. The training shall be carried out as per the plan of implementation of the said program of training for the current year.
Programs of training that may be in operation at credit institutions as this Directive enters into effect shall be brought into line with the requirements of same within three months since its effective date.
The Directive shall take effect upon the expiration of ten days after its official publication in "the Bulletin of the Bank of Russia".
Registered with the Ministry of Justice of the Russian Federation in August 24, 2004. Registration No. 5994.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 80 of August 13, 2004 On Some Issues Arising in the Judicial Practice Of Arbitration Courts Considering Cases Lodged To Appeal Statutory Legal Acts

When the arbitration court declares a statutory legal act to be inconsistent with a statutory legal act that has legal prevalence, it shall specify whether an act being challenged is invalidated wholly or in part.
It underlines that the arbitration court may not declare a statutory act to be invalid from the time of its adoption. That is connected with the fact that under Part 5 of Article 195 of the Arbitration Procedure Code, such act or individual provisions thereof declared to be invalid by the arbitration court shall become non-applicable since the effective date of the court judgement. And the judgements become effective immediately after they are rendered.
The cases lodged to appeal statutory legal acts may not entail such an enforcement measure as suspension of the effect of an act being challenged.
It explains that a possibility to make an appeal at the court of arbitration is excluded with respect to certain statutory legal acts, specifically, the Land Code, the Budget Code, the Federal law On Licensing Certain Lines of Activities, the Federal law On State Regulation of Production and Turnover of Ethyl Alcohol, of Alcohol Products and Alcohol-Containing Products, the Federal law On Payment For the Use of Water Facilities.

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