Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 28.12.2004

Federal Law No. 174-FZ of December 23, 2004 on the Amendments to the Federal Law on the Budget Classification of the Russian Federation and the Budget Code of the Russian Federation

The main changes pertain to the structure of the code of the Budget Classification. The new wording is provided to the Classification of Incomes of the Budgets of the Russian Federation, the Functional Classification of Expenses of the Budgets of the Russian Federation, the List of Tied Items of the Functional Classification of Expenses of the Budgets of the Russian Federation, the List of the Types of Expenses of the Functional Classification of Expenses of the Budgets of the Russian Federation, Economic Classification of Expenses of the Budgets of the Russian Federation, Classification of the Sources of Internal Financing of the Deficits of the Budgets of the Russian Federation, Classification of the Sources of External Financing of the Deficits of the Federal Budget and the Budgets of the Subjects of the Russian Federation, Classification of the Types of State External Debts of the Russian Federation and the Subjects of the Russian Federation, as well as the state external assets of the Russian Federation.

Invalidates the Agency Classification of Expenses of the Federal Budget and the Structure of Expenses of the Budgets of the Subjects of the Russian Federation and Municipal Formations.

Introduces the new Appendix 11.1 "Chief Administrators of Resources of the Federal Budget - Administrators of Receipts in the Budgets of the Russian Federation".

The Federal Law is entered into force from the day of its official publication. It applies to relations emerging when compiling and executing the budgets of all levels beginning with the budgets for the year 2005.

Federal Law No. 173-FZ of December 23, 2004 on the Federal Budget for the Year 2005

Endorses the federal budget for the year 2005 with expenses amounting to Rbl 3,047,929.3 million and incomes amounting to Rbl 3,326,041.1 million proceeding from the forecasted GDP volume of Rbl 18,720 billion and the level of inflation (consumer prices) of 7.5% to 8.5% (December 2005 to December 2004). The surplus of incomes over expenses of the federal budget in 2005 is fixed in the amount of Rbl 278,111.8 million.

Resources of the Stabilisation Fund of the Russian Federation in excess of the accumulated amount of Rbl 500.0 billion may be used to cover the deficit of the budget of the Pension Fund in the course its execution and to redeem the state external debt.

The Law specifies that the normatives of payment for the negative impact on the environment that were in effect in 2003 shall apply in 2005 with the factor of 1.2 (in 2004, the factor was fixed in the amount of 1.1).

The Law preserves the provision stating that the Bank of Russia shall transfer 80% of the actually received profit at the end of the year after taxes and fees to the federal budget.

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 December 28, 2004, No. 288.

Decree of the President of the Russian Federation No. 1603 of December 27, 2004 on the Procedure of Examination of the Candidates for the Position of the Higher Official (Head of the Higher Executive Body of State Power) of the Subject of the Russian Federation

Candidates for the position of the higher official (head of the higher executive body of state power) of the subject of the Russian Federation shall be presented to the President of the Russian Federation by the Head of the Administration of the President of the Russian Federation. Suggested candidates are introduced to the Head of the Administration of the President of the Russian Federation by the plenipotentiary representative of the President of the Russian Federation in the appropriate federal district. When suggesting the candidates, their reputation, experience of public (state) work, as well as the results of the preliminary consultations with public associations of the appropriate subject of the Russian Federation are taken into account.

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

Direction of the Central Bank of Russia No. 1516-U of November 17, 2004 on the Procedure of Contest Selection of the Agent Banks to Effect the Payments of the Bank of Russia on the Deposits of Natural Persons

Defines the rules and procedure of contest selection of the agent banks to effect payments of the Bank of Russia on the deposits of natural persons in the bankrupt banks failing to participate in the system of insurance of the deposits of natural persons in the banks of the Russian Federation.

The payment for the participation in the contest selection is not charged.

The Direction specifies the requirements permitting to obtain the right of participation in the contest selection. In particular, the bank must have the amount of own resources (capital) at least Rbl 3 billion, attract in deposits resources of natural persons for at least 3 years, as well as have at least 10 branches located on the territory of the Russian Federation.

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 December 22, 2004. Reg. No. 6228.

Order of the Ministry of Finance of the Russian Federation No. 111n of December 8, 2004 on the Organisation of Work in 2004 to Redeem the State Debt in the Form of the Bonds of the State Tied Interest-Free Loans of 1990 and the Tied Payment Checks for the Purchase of Cars under the Writs of Execution of Judicial Bodies

Redemption of the state debt in the form of the bonds of the state tied interest-free loans of 1990 and the tied payment checks for the purchase of cars under the writs of execution of judicial bodies shall be arranged through the Federal Treasury departments of the Ministry of Finance of Russia in the subjects of the Russian Federation in compliance with the established procedure of voluntary execution of the demands of the writ of execution. The paying out of the monetary resources to citizens under the mentioned bonds and the tied payment checks is arranged on the basis of their written applications to the accounts indicated by them in the credit organisations of the Russian Federation.

The writs of execution of judicial bodies are covered at the expense of resources of the federal budget envisaged under Code 02002 "Redemption of the Main Amount of Debt" of Code 02000 "Other Sources of Internal Financing of the Deficits of the Budgets" of the Classification of the Sources of Internal Financing of the Deficits of the Budgets of the Russian Federation. Amounts of payments within the limits of the envisaged compensation for the appropriate type of commodities are taken into account to offset the resources envisaged in the federal budget for the redemption of the state commodity obligations.

Registered in the Ministry of Justice of the Russian Federation on December 22, 2004. Reg. No. 6224.

Order of the Ministry of Emergency Situations of the Russian Federation No. 506 of November 4, 2004 on the Endorsement of the Typical Safety Certificate of the Hazardous Object

The typical safety certificate is designed to work out safety certificates for the objects using, producing, processing, storing or transporting radioactive, flammable and explosive, hazardous chemical and biological substances, hydrotechnical structures in cases of possible emergencies. The mentioned requirements do not apply to the objects of the Armed Forces of the Russian Federation.

The safety certificate is worked out to determine the figures of the risk of emergency situations for the personnel of the hazardous object and the nearby population and to work out the measures to reduce the risk and alleviate the consequences of emergency situations at the hazardous object.

The working out of the safety certificate of the hazardous object is vested in the management of the object.

The certificate is drawn up as of the beginning of January of the current year and is extended or adjusted as soon as necessary while amending all copies.

Registered in the Ministry of Justice of the Russian Federation on December 22, 2004. Reg. No. 6218.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 294 of November 30, 2004 on the Endorsement of the Procedure of Effecting of the Monthly Monetary Payment to Individual Categories of Citizens in the Russian Federation

Specifies the procedure of applying for the monthly monetary payment for individual categories of citizens, processing of these applications by the territorial body of the Pension Fund, defines the rules of assigning, calculation and organisation of delivery of the monthly monetary payment.

Introduces the general rule stating that only one monthly payment may be granted at the citizen's choice if he is entitled for the monthly payment envisage in several federal laws simultaneously regardless of the reason. If the citizen is entitled for the monthly payment for several reasons envisaged in one federal law, he may get a higher monthly payment. The indexing of the amount of the monthly monetary payment is arranged according to the procedure and within the time limits envisaged for the indexing of the amount of the basic part of the labour pension.

The Order provides the reference list of the categories of citizens entitled for the monthly monetary payment defined in the legislation of the Russian Federation.

The delivery of the assigned monthly payment to the pensioner registered in the Pension Fund is arranged through the organisation delivering the pension. The delivery of the monthly monetary payment to other citizens is arranged through the organisation of the federal postal communication at the place of residence of the citizen if otherwise is not specified in the written application of the citizen.

The monthly monetary payment is assigned from the day of applying for it, however, no sooner than the right for the mentioned payment occurs. The day of applying for the monthly monetary payment is considered to be the day of accepting of the application drawn up according to the provided form with all necessary documents by the territorial body of the Pension Fund of the Russian Federation.

When fixing the monthly monetary payment from January 1, 2005 to persons with level III, II and I restrictions of labour abilities, disability groups I, II and III apply respectively without re-certification if certified before January 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on December 21, 2004. Reg. No. 6216.

Letter of the Federal Tax Service No. 07-0-13/5131@ of December 20, 2004 on the Amendments to the Letter of the Ministry of Taxation of Russia No. VB-6-31/707 of September 8, 1999

Specifies that the application for the purchase of special stamps shall have attached the request drawn up according to the provided form to indicate the number by the types of special stamps.

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