Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 21.12.2004

Amendments No. P41-26453 of December 10, 2004 to the List of the Full and Abbreviated Names of the Federal Bodies of Executive Power (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)

The amendments are introduced pursuant to the forming of the Federal Agency for Tourism, reorganisation of the Federal Agency for Physical Culture, Sports and Tourism into the Federal Agency for Physical Culture and Sports and the handing over of the Federal Agency for Construction and the Housing and Communal Sector from the Ministry of the Industry and Power Supplies of Russia to the Ministry of the Regional Policy of Russia.

Decision of the Government of the Russian Federation No. 805 of December 16, 2004 on the Procedure of Organisation and Activities of the Federal State Institutions of Medical and Social Expert Evaluation

The federal state institutions of the medical and social expert evaluation includes the Federal Bureau of Medical and Social Expert Evaluation and the main bureaus of medical and social expert evaluation with branches in the cities and regions. The Federal Bureau is supervised by the Ministry of Public Health and Social Development of Russia, the main bureaus, by the Federal Agency of Public Health and Social Development. The number of bureaus is determined as a rule proceeding form one per 70,000-90,000 persons under the condition of certification of 1,800-2,000 persons a year. Taking into account the available social and demographic, geographic and other particulars of the regions, the bureaus may be created using other population counts and the number of persons certified per year.

The bureau shall certify the citizens to define the structure and degree of disabilities (including the labour disabilities), determine the fact of available disability, disability group, reasons, duration and time of occurrence of the disability, degree of labour disability, determine the degree of loss of occupational abilities (in percent) and other.

The main bureau may arrange re-certification at their own initiative, determine the level of loss of occupational abilities (in percent) and fulfil some other functions.

The Federal Bureau, in particular, shall process appeals of citizens undergoing certification against decisions of the main bureaus, as well as arrange their re-certification and fulfil other functions.

The Decision is entered into force from January 1, 2005.

The Decision of the Government of the Russian Federation No. 771 of December 12, 2004 on the Endorsement of the Rules of Providing in 2005 of Technical Means of Rehabilitation to Invalids, Prosthetic Appliances to Individual Categories of Veteran Citizens (Other Than Dentistry) at the Expense of the Resources of the Federal Budget

Defines the procedure of providing in 2005 the invalids (except for the invalids because of the industrial accidents and occupational diseases) with technical means of rehabilitation (except for the guide-dogs and monetary compensation for their maintenance and veterinary services) envisaged in the federal list of rehabilitation measures, technical means of rehabilitation and services, as well as individual categories of veteran citizens with prosthetic appliances (other than dentistry).

The Decision is entered into force from January 1, 2005.

Decision of the Government of the Russian Federation No. 770 of December 12, 2004 on the Endorsement of the Typical Code of Professional Ethics of the Management Companies, Specialised Depositary, Brokers Engaged in Activities Pertaining to the Generation and Investing of Resources of Accumulated Pensions and the Rules of Coordination of the Codes of Professional Ethics of the Management Companies, Specialised Depositary, Brokers Engaged in Activities Pertaining to the Generation and Investing of Resources of Accumulated Pensions with the Federal Service for Financial Markets

Specifies the set of rules and procedures obligatory for observation by officials and employees of the management companies, specialised depositaries, brokers engaged in activities pertaining to generation and investing of resources of accumulated pensions, as well as the sanctions applied to the violators for the failure to observe the mentioned rules and procedures.

Also provides the rules of coordination of the codes of professional ethics with the Federal Service for Financial Markets of Russia.

Decision of the Government of the Russian Federation No. 769 of December 12, 2004 on the Measures of Providing Medicines to Individual Categories of Citizens Entitled for the State Social Aid in the Form of a Set of Social Services

The state registration of the prices for the medicines provided to individual categories of citizens entitled for the state social aid in the form of a set of social services and the fixing of trade mark-ups for the mentioned prices is vested in the Federal Service of Enforcement in the Sphere of Public Health and Social Development in coordination with the Federal Service of Tariff Rates of Russia.

The trade mark-ups for the prices for the medicines provided to individual categories of citizens entitled for the state social aid in the form of a set of social services are included in the list of products of industrial and technical destination, popular consumption goods and services subject to the state regulation of prices (tariff rates) by the Government of the Russian Federation and the federal bodies of executive power. The rest of the trade mark-ups for the prices for the medicines and items of medical destination are specified by the bodies of executive power of the subjects of the Russian Federation.

The Decision is entered into force from January 1, 2005.

Order of the Federal Service of Tariff Rates No. 292-t/1 of December 16, 2004 on the Indexing of Tariff Rates of Payments and Fees for the Cargo Railway Transportation

Endorses the multiplying coefficients to the basic rates of Sections 2 and 3 of the Price List No. 10-01 "Tariff Rates for the Cargo Transportation and the Services of the Infrastructure Provided by the Russian Railways" (Tariff Guide No. 1, Parts 1 and 2), as well as the multiplying coefficients to the basic rates of the Tariff Guide No. 2 "Rules of Application of the Rates of Payment for the Use of Cars and Containers of the Federal Railway Transport" and Tariff Guide No. 3 "Rules of Application of the Fees for the Additional Operations Pertaining to Cargo Transportation on the Federal Railway Transport".

Registered in the Ministry of Justice of the Russian Federation on December 17, 2004. Reg. No. 6203.

Order of the Federal Service of Tariff Rates No. 295-t/4 of December 16, 2004 on the Amendment to the Price List No. 10-01 "Tariff Rates for Cargo Transportation and the Services of the Infrastructure Provided by the Russian Railways"

The amendments specify the particulars of determination of the payment for the cargo transportation over the Sakhalin Railways.

Registered in the Ministry of Justice of the Russian Federation on December 17, 2004. Reg. No. 6202.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 255 of November 22, 2004 on the Procedure of Rendering of Initial Medical and Sanitary Aid to the Citizens Entitled for the Set of Social Services

Specifies the rules of rendering of initial medical and sanitary aid to invalids, war invalids, invalid children, participants of the Great Patriotic War, veterans of combat actions and other citizens entitled for the set of social services in institutions rendering initial medical and sanitary aid.

Endorses Forms 025/u-04 "Outpatient Medical Card", 025-12/u "Outpatient Slip", 030/u-04 "Control Card of Outpatient Observation", 057/u-04 "Hospitalisation, Rehabilitation Treatment, Investigation, Consultation Accommodation", 030-P/u "Certificate of the Medical Treatment District for the Citizens Entitled for the Set of Social Services", 030-R/u "Information on the Medicines Prescribed and Handed out to Citizens Entitled for the Set of Social Services" and their filling procedure.

The Order is entered into force from January 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on December 14, 2004. Reg. No. 6188.

Decision of the Higher Arbitration Court of the Russian Federation No. 7448/04 of November 25, 2004

Invalidates Paragraphs 7 and 9 of the procedure of determination of the particulars of registration of major taxpayers out of Russian organisations endorsed by the Order of the Ministry of Taxation of Russia No. BG-3-09/319 of August 31, 2001 (with amendments of April 8, 2003) ordering the Interregional Inspection of the Ministry of Taxation of Russia for Major Taxpayers to send to them the certificate of registration in the tax body as a major taxpayer and invalidation of the earlier issued certificate as applied to major taxpayers registered in the inspection of the Ministry of Taxation of Russia for major taxpayers in other than their place of location. Besides, invalidates, as applied to the major taxpayers registered in the inspection of the Ministry of Taxation of Russia for major taxpayers at the place of location of the organisation, the provision ordering the Interregional Inspection of the Ministry of Taxation of Russia for Major Taxpayers to send to them the notification of the registration in the tax body as a major taxpayer.

Official Explanation of the Central Bank of Russia No. 31-OR of December 17, 2004 on the Application of Individual Provisions of the Instruction of the Bank of Russia No. 110-I of January 16, 2004 on the Obligatory Normatives of Banks

Lists the persons that may be qualified as bank insiders, i.e. natural persons capable of affecting adoption of decisions on the credits granted by the bank where the estimate of the normative of the aggregate risk (N10.1) is specified in Chapter 7 of the Instruction of the Bank of Russia No. 110-I of January 16, 2004. The mentioned persons include in particular: members of the board of directors (supervisory board) of the bank, sole executive body, chief accountant of the bank (branch), head of the branch of the bank, some relatives of the mentioned persons, as well as the bank employees and other natural persons capable of affecting the nature of the adopted decision on the granted credit (including the employees of the credit organisation possessing because of their official position access to confidential information permitting to affect the adopted decision on the credit granted by the bank).

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