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 23.05.2005

Federal Law No. 51-FZ of May 18, 2005 on the Elections of the Deputies of the State Duma of the Federal Assembly of the Russian Federation

According to the new procedure of forming of the State Duma, the deputies will be elected in a federal election district in proportion to the number of votes of the electorate having favoured the federal lists of candidates. The federal lists of candidates shall be proposed only by political parities permitted to participate in the elections. During the election of the deputies of the State Duma, creation of election blocks is not envisaged.

The federal list of candidates may include not more than 500 candidates. The federal list of candidates may contain the general federal part consisting of not more than 3 candidates and shall be divided into the regional groups of candidates on the obligatory basis numbering at least 100. The regional part of the federal list of candidates must include all subjects of the Russian Federation.

The law defines the procedure of collection of signatures, checking of the lists of signatures, registration of the federal lists of candidates, as well as the requirements to the election deposit.

Procedure of information support of the election of the deputies of the State Duma, including the election campaigns of political parties, did not change significantly as compared to the previous one.

The financing of the measures pertaining to preparation and carrying out of the elections shall be implemented at the expense of resources of the federal budget. Political parties having put forward the federal lists of candidates must create election funds to finance their election campaign. The limiting amount of all expenses from the resources of the election fund of a political party may not be greater than Rbl 400 million. Besides, election funds may be created by the regional divisions of political parties. Resources of election funds of the regional divisions of political parties shall be spent mainly for election campaigns.

As a result of election of the deputies of the State Duma, deputy mandates shall be distributed among federal lists of candidates each of which has received at least 7% and more of the votes on condition that there were at lest two of such lists having collected in total more than 60% of the votes of the electorate having participated in the vote. The Law also envisages the cases when deputy mandates may be distributed among the federal lists of candidates having failed to overcome the 7% barrier. If none of the federal lists has received 7% and more of the votes, or all federal lists of candidates have received in total 60% and less of the votes, the election of the deputies of the State Duma are considered to have failed. A new method of proportional distribution of the deputy mandates is adopted.

The Federal Law is entered into force on December 7, 2006.

Decision of the Government of the Russian Federation No. 312 of May 20, 2005 on the Amendment to the Regulation on the Ministry of Economic Development and Trade of the Russian Federation

Specifies that the Ministry of Economic Development of Russia shall adopt normative acts defining the procedure of adoption of decisions to submit application to the court of arbitration to recognise as bankrupt a debtor included in the list of strategic enterprises and organisations.

Decision of the Government of the Russian Federation No. 311 of May 19, 2005 on the Amendments to the Decision of the Government of the Russian Federation No. 410 of August 12, 2004

Amends 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 federal body of executive power in charge of control and enforcement in the sphere of taxes and fees.

Decision of the Government of the Russian Federation No. 310 of May 18, 2005 on the Endorsement of the Rules of Rendering of Services of the Local, Regional, Intercity and International Telephone Communication

From July 1, 2005, introduces the new rules regulating relations between the user of the services of telephone communication and the communication operator in cases of rendering of the local, regional, intercity and international telephone communication in a public-use communication network.

Communication operator must provide free of charge on the round-the-clock basis opportunities of calling the fire service, emergency service, militia, ambulance, emergency gas supply service and the antiterrorist service.

Operator rendering services of the local telephone communication must also provide free of charge on the round-the-clock basis the following information and reference services: information of the telephone number of the user of the local telephone network, tariff rates for the services of the local telephone communication, balance of the user personal account, local time, repair service and some other.

Operator rendering services of the regional telephone communication must provide free of charge on the round-the-clock basis the following information and reference services: code of the residential settlement, tariff rates for the services of the regional telephone communication, balance of the user personal account, numbers of the operator services to order a zone telephone connection via a switchboard operator and other services.

Operator rendering services of the intercity and international telephone communication must provide free of charge information on the code of the residential settlement, code of the country and foreign residential settlement, tariff rates for the services of intercity and international telephone communication, balance of the user personal account, difference in time with the residential settlement being called, numbers of operator services to order intercity and international calls via a switchboard operator and other services.

The minimum length of the paid telephone connection made via a switchboard operator may not be greater than 3 minutes, with the telephone connection of lower duration being paid as a minimum-length connection.

The payment for the services of the local telephone communication may be arranged using a user fee or time-based payment. If the tariff rates for the operator services are subject to state regulation, communication operator must provide to citizens at their demand opportunities of payment by instalments for at least 6 months, with initial contribution being not more than 30% of the fixed payment.

Depending on the urgency of provided zone, intercity or international telephone communication via a switchboard operator, the following types of tariff rates may apply: ordinary and urgent. The urgent tariff rate is determined by applying a multiplying coefficient to the ordinary rate specified by the communication operator, which may be greater than 2.

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