Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 6.09.2004

Decision of the Government of the Russian Federation No. 456 of September 3, 2004 On Fixing the Minimum of Subsistence Per Capita and For Key Social - Demographic Groups of the Population As a Whole Across the Russian Federation In the First and Second Quarters of 2004

The amount of per capita minimum of subsistence as a whole across the Russian Federation shall be fixed at 2 293 Rubles in the first quarter of 2004 and 2 363 in the second quarter of 2004. The amount of the minimum of subsistence for the able-bodied population shall total 2 502 Rubles in the first quarter of 2004 and 2 588 Rubles in the second quarter of 2004 , for pensioners - 1 747 Rubles in the first quarter of 2004 and 1 793 Rubles in the second quarter of 2004 , for children - 2 259 Rubles in the first quarter of 2004 and 2 313 Rubles in the second quarter of 2004.

Decision of the Government of the Russian Federation No. 454 of September 3, 2004 On Banning the Cultivation in the Territory of the Russian Federation of Plants Containing Narcotic Substances

It forbids to cultivate in the territory of the Russian Federation plants containing narcotic substances such as ephedra (plant of Ephedra L type), meskalin containing cactus (plant of Lophophora williamsii type).
It also gives dimensions of the plants containing narcotic substances whose cultivation is banned, for purposes of Article 231 of the Criminal Code of the Russian Federation ("Illegal Cultivation of Plants Containing Narcotic Substances Whose Cultivation Is Banned").
The Decision shall take effect from the day of its official publication.

Decision of the Government of the Russian Federation No. 453 of September 3, 2004 On Approval of Regulations On the Use of Narcotic Drugs and Psychotropic Substances In Veterinary

It spells out the procedure and conditions for using in veterinary of narcotic drugs and psychotropic substances put on the list of narcotic drugs and psychotropic substances used in veterinary that was approved by the Ministry of Heath and Social Development of Russia and the Ministry of Agriculture of Russia.
The use of the said drugs and substances in veterinary shall be effected by legal persons provided they have a license to conduct the activity associated with the turnover of narcotic drugs and psychotropic substances put on lists Two and Three in accordance with the Federal Law On Narcotic Drugs and Psychotropic Substances.
The packaging, pouring out, re-packing and replacement of marking on packs of narcotic drugs and psychotropic substances shall be disallowed.
The quantity of narcotic drugs and psychotropic substances that have been used up shall be recorded in a special log-book of registration of operations that shall be numbered, laced up, sealed and bear the signature of the head of the legal person.
Legal persons shall be obligated to take monthly inventory and make up a balance of narcotic drugs and psychotropic substances available at their disposal.

Decision of the Government of the Russian Federation No. 449 of September 2, 2004 On Classification of Products As Products of Primary Processing Made From Agricultural Feedstock of One's Own Production and (or) From Bred Fish

The products of primary processing made from agricultural feedstock of one's own production and (or) from bred fish shall include products of plant-growing, animal husbandry and fish breeding that underwent technological operations of processing to preserve their quality and ensure durable storage, used as raw material for further (industrial) processing of products or realized without further (industrial) processing of products or realized without further industrial processing to the consumers. It gives a list of such products.
The Decision shall apply to law relations regarding collection of the single agricultural tax that arose beginning from January 1, 2004.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 84 of August 13, 2004 On Some Issues Regarding Application By the Arbitration Courts of Article 61 of the Civil Code of the Russian Federation

It explains individual issues encountered in consideration by arbitration courts of cases on the liquidation of legal entities for grounds specified in Article 61 of the Civil Code.
Thus, cases concerning disputes over liquidation of non-profit organizations, including of public associations and organizations, political parties, public funds, religious associations and others not pursuing as the main goal of their activities, the derivation of profits, shall not be subject to examination by arbitration courts.
In considering applications for liquidation of legal entities for reasons of them conducting activities with repeated violation of the law, other legal acts, it is required to investigate the nature of the violations, duration of same and activity of the legal entity following commission of those violations. The legal entity may not be liquidated when violations committed by it are of minor significance or the harmful consequences of same have been eliminated.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 83 of August 13, 2004 On Some Issues Associated with the Application of Part 3 of Article 199 of the Arbitration Procedure Code of the Russian Federation

Cases for appealing non-statutory legal acts affecting the rights and legitimate interests of persons in the sphere of entrepreneurial and other economic activities shall be examined by the arbitration court according to the general rules of action proceedings with due regard for the specific features specified under Chapter 24 of the Arbitration Procedure Code.
The courts shall not be allowed to suspend the effect of acts, decisions of governmental and other supervising agencies when there are grounds to assume that the suspension may upset the balance of interests of the applicant and the interests of third persons, the public interests and also may entail the loss of a possibility to implement the act or decision being challenged upon refusal to satisfy the claims of the applicant regarding the substance of the dispute.
The appeal of decisions of the Bank of Russia to appoint temporary administration shall not suspend the activities of the temporary administration, at least till the rendering of a judicial act on the substance of the dispute. Likewise, the appeal of decision of the Bank of Russia to revoke a license from a credit institution shall not suspend the effect of the said decision of the Bank of Russia.

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