Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 12.01.2005

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 4149/04 of December 14, 2004

The Presidium of the Higher Arbitration Court of the Russian Federation in pursuance of the Constitutional Court of the Russian Federation recognised the right of the taxpayer to enjoy the tax exemption even in the case when the payments for the commodities (works, services) were made from borrowed resources. The dispute over the right for the tax exemption pertaining to execution of the duty to pay the tax (including the cases of change by the tax bodies of the legal status of the transactions concluded by the taxpayer with third parties) was resolved in favour of the taxpayer. The Presidium of the Higher Arbitration Court of the Russian Federation emphasised that the right for the exemption may not occur if the property purchased under a commutative contract by the moment of transfer of the tax to the supplier in payment of the accrued amounts is either not paid for or paid for incompletely or clearly will not be paid for in the future. Thus, the right for the exemption does not occur only if the tax bodie s can prove taxpayer unfairness.

Decision of the Government of the Russian Federation No. 880 of December 30, 2004 on the Particulars of Application of the Special Protective Measure for Poultry Meat in 2005

Specifies a new procedure of distribution among the supplier states of the import quota for the poultry meat in 2005. The main importer is the USA (771,900 tons). As before, the import of poultry meat within the specified quota will be implemented on the basis of the license of the Ministry of Economic Development of Russia.

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

Decision of the Government of the Russian Federation No. 879 of December 30, 2004 on the Regulation of the Import of Pork in 2005

In 2005, the pork will be imported using the rate of 15% of the customs cost, however, not less than EUR 0.25 per kg within the limits of the quota equal to 467,400 tons per year in the presence of the license issued by the Ministry of Economic Development of Russia. The greater part of the quota falls on the countries of the European Union, as well as the USA and Paraguay. The Decision specifies the special procedure and time limits for the issue of the license. Thus, before August 1, 2005, the licenses will be issued for the import of 85% of the total volume of the quota to foreign trade participants having drawn up in 2004 licenses for the import of pork. The remaining 15% of the volume of pork will be sold at the auction.

The pork imported in excess of the specified quota will be taxed at the rate of 80% of the customs cost, however, not less than EUR 1.06 per kg.

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

Decision of the Government of the Russian Federation No. 878 of December 30, 2004 on the Regulation of the Import of Frozen Beef in 2005

In 2005, frozen beef will be imported using the rate of 15% of the customs cost, however, not less than EUR 0.15 per kg within the limits of the quota equal to 430,000 tons per year in the presence of the license issued by the Ministry of Economic Development of Russia. The greater part of the quota falls on the countries of the European Union, as well as the USA and Paraguay. The Decision specifies the special procedure and time limits for the issue of the license. Thus, before August 1, 2004, the licenses will be issued for the import of 85% of the total volume of the quota to foreign trade participants having drawn up in 2004 the licenses for the import of frozen beef. The remaining 15% of the volume of beef will be sold at the auction.

Frozen beef imported in excess of the specified quota will be taxed at the rate of 60% of the customs cost, however, not less than EUR 0.6 per kg.

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

Decision of the Government of the Russian Federation No. 877 of December 30, 2004 on the Regulation of the Import of Fresh and Chilled Beef in 2005

In 2005, fresh and chilled beef will be imported using the rate of 15% of the customs cost, however, not less than EUR 0.2 per kg within the limits of the quota equal to 27,500 tons per year in the presence of the license issued by the Ministry of Economic Development of Russia. The greater part of the quota falls on the countries of the European Union. The Decision specifies the special procedure and time limits for the issue of the license. Thus, before August 1, 2004, the licenses will be issued for the import of 85% of the total volume of the quota to foreign trade participants having drawn up in 2004 the licenses for the import of fresh and chilled beef. The remaining 15% of the volume of beef will be sold at the auction.

The fresh and chilled beef imported in excess of the specified quota will be taxed at the rate of 60% of the customs cost, however, not less than EUR 0.8 per kg.

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

Decision of the Government of the Russian Federation No. 863 of December 28, 2004 on the Rates of the Customs Fees for the Customs Registration of Commodities

Specifies the rates to be used for the customs fees for the customs registration of commodities including the transport vehicles moved across the customs border of the Russian Federation. The minimum amount makes Rbl 500 for the customs registration of commodities with the customs cost less than Rbl 200,000 inclusive. The maximum amount makes Rbl 100,000 for the customs registration of commodities with the customs cost being Rbl 30,000,000.01 and more.

For the customs registration of commodities moved by the railway transport under the customs regime of international customs transit, the customs fees for the customs registration are paid in the amount of Rbl 500 for each consignment of commodities moved under one waybill in a single transport vehicle.

For the customs registration of securities in foreign currencies moved across the customs border of the Russian Federation, the customs fees for the customs registration are paid in the amount of Rbl 500 for the consignment of securities drawn up under one customs declaration.

For the customs registration of commodities moved by natural persons for own needs other than entrepreneurial activities, except for cars, the customs fees for the customs registration are paid in the amount of Rbl 250. The customs fees for the customs registration of cars are paid according to the common procedure.

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

Decision of the Government of the Russian Federation No. 862 of December 28, 2004 on the Endorsement of the Rules for the Persons Having Been Exposed to Radiation because of the Disaster at the Chernobyl Nuclear Power Station, As Well As the Nuclear Tests at the Semipalatinsk Test Field, and Similar Categories of Citizens to Apply for Social Services

The mentioned citizens may apply annually before October 1 of the current year for the state social aid in the form of a set of social services by submitting an application to the territorial body of the pension fund making monthly monetary payments. The application for the year 2005 is submitted any time from January 1, 2005 to December 31, 2005 after the right for the social services occur.

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

Decision of the Government of the Russian Federation No. 856 of December 27, 2004 on the Endorsement of the Rules of Providing Free Medicines for Out-Patient AIDS Treatment in the Specialised Federal Medical Institutions

Free medicines are intended for grown-up and child AIDS patients observed in the specialised federal medical institutions, as well as the citizens needing preventive AIDS treatment. The medicines are provided free of charge to the prescription of the doctor of the mentioned institution from the moment of diagnosing of the disease or the presence of indications for the AIDS treatment during the whole period of observation. The free medicines are handed out in the designated structural division of the specialised federal medical institution.

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

Decision of the Government of the Russian Federation No. 855 of December 27, 2004 on the Endorsement of the Interim Rules of Checking of the Signs of a Fictitious and Deliberate Bankruptcy by the Bankruptcy Commissioner

Defines the rules to be used by bankruptcy commissioners to check the presence of signs of a fictitious and deliberate bankruptcy. The signs of a deliberate bankruptcy are being revealed both during the period preceding the bankruptcy proceedings and in the course of them. The revealing of the sings of a deliberate bankruptcy is arranged in two stages. At the first stage, analysis of figures and dynamics of coefficients is carried out characterising the debtor paying capacity calculated for the investigated period. If two or more coefficients show a significant deterioration, the second stage is arranged which includes an analysis of the debtor transactions and actions of the debtor management bodies for the investigated period that might have caused such deterioration.

Determination of the signs of a fictitious bankruptcy is carried out if the bankruptcy proceedings are initiated at the debtor application.

Decision of the Government of the Russian Federation No. 853 of December 27, 2004 on the Procedure of Maintenance of Sufficiency of Own Resources (Capital) of the Management Company and the Specialised Depositary as Compared to the Volume of Served Assets

Specifies the procedure of maintenance of sufficiency of own resources (capital) of the management company providing trust control for the resources of the accumulated pensions on the basis of the contract with a non-state pension fund being an insurer in obligatory pension insurance as compared to the volume of served assets. Besides, a similar procedure is specified for the specialised depositary of the non-state pension fund being an insurer in obligatory pension insurance as compared to the volume of served assets.

The figure of sufficiency of own resources (capital) as compared to the volume of served assets may not be lower than the normative of sufficiency of own resources specified by the Federal Service of Financial Markets of Russia.

Order of the Ministry of Finance of the Russian Federation No. 122n of December 24, 2004 on the Prolongation of the Order of the Ministry of Finance of the Russian Federation No. 9n of February 2, 1999 on the Endorsement of the Rules of Drawing up and Issue in 1999 of the Permissions to Open Accounts of Organisations Financed from the Federal Budget to Register Resources Obtained from Entrepreneurial and Other Profitable Activities

The mentioned Order of the Ministry of Finance of Russia is prolonged for the year 2005 inasmuch as it pertains to the procedure of drawing up and issue by the territorial bodies of the Federal Treasury of permissions to open accounts in the divisions of the payment network of the Bank of Russia and credit organisations on the Balance Accounts 40503 "Accounts of the Federally Owned Organisations. Non-Commercial Organisations" and 40302 "Resources for the Federal Institutions Temporarily Available at the Disposal of the Budget-Supported Organisations".

Registered in the Ministry of Justice of the Russian Federation on December 30, 2004. Reg. No. 6249.

Order of the Ministry of Justice of the Russian Federation No. 199 of December 24, 2004 on the Amendments to the Normative Legal Acts of the Ministry of Justice of the Russian Federation on the Practice of the State Registration of the Rights for Immovable Property and Transactions with It

The amendments are stipulated by the entry into force from January 1, 2005 of the amendments to the Law on the state registration of the rights for immovable property and transactions with it endorsed by the Federal Law No. 122-FZ of August 22, 2004. It is not permitted to change the numbers of the logbooks of documents and the ordinal numbers of records in them that were used before December 31, 2004 inclusive by the judicial institutions in charge of the state registration of the rights for immovable property and transactions with it to register the adopted applications and other documents.

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

Registered in the Ministry of Justice of the Russian Federation on December 30, 2004. Reg. No. 6247.

Direction of the Central Bank of Russia No. 1517-U of November 17, 2004 on the Payments of the Bank of Russia on 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 and on the Procedure of Interaction of the Agent Banks with the Bank of Russia

Specifies the rules of making payments of the Bank of Russia on the deposits of natural persons in the bankrupt banks failing to participate in the system of obligatory insurance of the deposits of natural persons with the license for bank operations revoked after the entry into force of the Federal Law on the insurance of the deposits of natural persons in the banks of the Russian Federation. The Direction provides the procedure of calculation of the amount of payments of the Bank of Russia, procedure of making payments of the Bank of Russia and the procedure of interaction of the agent banks with the Bank of Russia. The payments of the Bank of Russia are made in the amount defined by the Bank of Russia, however, not more than Rbl 100,000 to a single natural person. Announcements of payments are published in the Herald of the Bank of Russia. The payments are effected during the period indicated in this announcement on the basis of application drawn up according to the form provided in the Direction under the condition of the personal visit of the depositor or his representative acting on the basis of the notary-certified proxy.

Specifies that from the day of publication of the announcement of payments of the Bank of Russia and to the day of their termination, the bankruptcy commissioner is prohibited to make payments to the first-priority creditors without the written consent of the Bank of Russia.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia. The text of the Direction has been published in the Herald of the Bank of Russia on December 31, 2004, No. 74.

Registered in the Ministry of Justice of the Russian Federation on December 22, 2004. Reg. No. 6229.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 287 of November 29, 2004 on the Endorsement of the Form of the Personal Program of Rehabilitation of the Invalid Handed out by the Federal Institutions of the Social Medical Expert Evaluation

The personal program of rehabilitation of the invalid is a complex of optimal for the invalid rehabilitation measures including individual types, forms, volumes, time limits and procedure of implementation of medical, professional and other rehabilitation measures intended for the restoration, compensation of the impaired or lost body functions, restoration, compensation of the invalid abilities to fulfil certain types of activities. The personal program of rehabilitation of the invalid contains rehabilitation measures provided to the invalid free of charge, as well as rehabilitation measures paid by the invalid himself or other persons or organisations.

Registered in the Ministry of Justice of the Russian Federation on December 22, 2004. Reg. No. 6226.

Direction of the Central Bank of Russia No. 1536-U of December 24, 2004 on the Amendments to the Regulation of the Bank of Russia No. 186-P of March 19, 2002 on the Monitoring of Enterprises Carried out by the Bank of Russia

Invalidates the norms specifying the procedure of monitoring of enterprises carried out by the Department of Work with the Territorial Institutions of the Bank of Russia. The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia. The text of the Direction has been published in the Herald of the Bank of Russia on December 31, 2004, No. 74.

Direction of the Central Bank of Russia No. 1535-U of December 23, 2004 on the Invalidation of the Direction of the Bank of Russia No. 1069-U of December 13, 2001 on the Annual Report of the Credit Organisation

The Direction of the Bank of Russia No. 1069-U of December 13, 2001 on the annual report of the credit organisation is invalidated pursuant to the adoption of the Direction of the Bank of Russia No. 1530-U of December 17, 2004 on the procedure of drawing up by credit organisations of the annual accounting report.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia. The text of the Direction has been published in the Herald of the Bank of Russia on December 31, 2004, No. 74.

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