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 26.05.2005

Budget Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of May 24, 2005 on the Budget Policy in 2006

Contains main directions and guidelines of the budget policy for the year 2006. The most important task of the budget policy is still macroeconomy stability.

Emphasises that accounting and reporting for the purposes of taxation remain unjustifiably complicated, which is especially harmful for the medium and small business. Therefore, the finishing of the tax reform will require a special attention in 2005-2006. First and foremost, the barriers and norms will be removed violating neutrality of the value added tax and causing an unjustifiable withdrawal of resources from circulation with enterprises. In particular, the Parliament in the nearest future will have to switch over from 2006 to the common procedure of exemption from the value added tax in capital construction.

In profit taxation of organisations, expenses must include the costs of scientific research and design works, organisations must be able to include in expenses capital investments in the amount of 10% of the cost of purchased fixed assets, as well as carry over losses of the past years to the future periods.

The Tax Code must include the chapter on the local tax on immovable property. The taxpayers must get opportunity to draw up a respite or extension schedule for tax payments for up to one year directly in the tax body.

Decision of the Government of the Russian Federation No. 322 of May 23, 2005 on the Amendments to the Regulation on the Deployment and Use on the Territory of the Russian Federation, on the Continental Shelf and in the Exclusive Economic Zone of the Russian Federation of Foreign Technical Means of Monitoring and Control

Pursuant to the reorganisation of the State Technical Commission of the President of the Russian Federation into the Federal Service of Technical and Export Control, amends the Regulation on the deployment and use on the territory of the Russian Federation, on the continental shelf and in the exclusive economic zone of the Russian Federation of foreign technical means of monitoring and control.

Decision of the Government of the Russian Federation No. 321 of May 23, 2005 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Aluminium Chloride

Heading 2827 "Chlorides, Chloride Oxides and Chloride Hydroxides; Bromides and Bromide Oxides; Iodides and Iodide Oxides" of the Foreign Trade Commodity Nomenclature of the Russian Federation now does not include subheading "--of aluminium" (code 2827 32 000 0).

The Foreign Trade Commodity Nomenclature of the Russian Federation now includes subheading "--of aluminium" (code 2827 32 000) subdivided into two subheadings (---anhydrous, with the content of main substance of at least 98% by weight and ---other) (codes 2827 32 000 1 and 2827 32 000 9 respectively).

Endorses the rates of the import customs duties for the mentioned items.

The Decision is entered into force 2 months after the day of its official publication.

Decision of the Government of the Russian Federation No. 320 of May 23, 2005 on the Endorsement of the Rules of Financial Support of the State Authority to Draw up the Lists of Jury Candidates of the Federal Courts of General Jurisdiction in the Russian Federation Handed over to Executive Regulatory Bodies of Municipal Formations

Defines the procedure of granting subventions from the Federal Fund of Compensations to the local budgets to provide financial support of the state authority to draw up (change, extend) the lists of jury candidates of the federal courts of general jurisdiction in the Russian Federation handed over to executive regulatory bodies of municipal formations and the amounts of subventions.

Subventions to implement the state authority to draw up the lists of jury candidates of the federal courts of general jurisdiction in the Russian Federation shall be granted once in four years beginning with the year 2008. Subventions to implement the state authority to change or extend the lists of candidates on the annual basis shall be granted on the annual basis beginning with the year 2006 except for the year of the drawing up of the lists of candidates.

Decision of the Government of the Russian Federation No. 317 of May 20, 2005 on the Vesting of Certain Functions in the Sphere of Fishery and Conservation of Water Biological Resources in the Federal Bodies of Executive Power

Lists the functions in the sphere of fishery and conservation of water biological resources vested in the Ministry of Agriculture of Russia and the Federal Agency of Fishery.

Decision of the Government of the Russian Federation No. 316 of May 20, 2005 on the Organisation of Catching of Pacific Salmon

Specifies the procedure and time limits of determination and endorsement of the total permissible catch of the Pacific salmon, as well as the procedure of its distribution by the types of quotas of the catch. Also endorses the rules of distribution of the costal quotas of the catch of Pacific salmon in internal waters of the Russian Federation among the costal subjects of the Russian Federation and the rules of distribution of scientific quotas for the purposes of fish breeding, reproduction and acclimatisation of the Pacific salmon, quotas of the catch of the Pacific salmon for educational and cultural and enlightenment purposes among users.

Order of the Federal Service of Technical and Export Control No. 151 of April 26, 2005 on the Organisation of Issue of Statements in the Federal Service of Technical and Export Control of Application of Measures of Non-Tariff Regulation in Foreign Trade Activities

Specifies the procedure of issue of statements of application of measures of non-tariff regulation by the Federal Service of Technical and Export Control of Russia in foreign trade activities pertaining to commodities, information, works, services, results of intellectual activities that may be used in creation of mass destruction weapons, means of its delivery, other types of armaments and military equipment. The statements shall be issued by the Federal Service of Technical and Export Control of Russia to written requests of foreign trade participants with attached documents listed in the Order. Requests of the foreign trade participants received through the customs bodies shall be processed according to priority procedure.

Registered in the Ministry of Justice of the Russian Federation on May 24, 2005. Reg. No. 6625.

Regulation of the Central Bank of Russia No. 268-P of April 19, 2005 on the Procedure and Criteria of Assessment of the Financial Standing of Natural Person Founders (Participants) of the Credit Organisation

Specifies the procedure and criteria of assessment of the financial standing of the natural person purchaser being or becoming personally or in a group of persons tied by an agreement the founder (participant) of the credit organisation as a result of purchase of stocks (shares) of the credit organisation.

Incomes used by the purchaser to pay for the stocks (shares) of the credit organisation are recognised to be resources (property) obtained by him from sources in the Russian Federation and abroad listed in Articles 208 and 217 of the Tax Code, as well as resources (property) obtained by the purchaser on other legal grounds with a documentary confirmation. The Regulation lists the documents submitted for confirmation of the sources of origin of own resources (property) of the purchaser transferred in payment for the stocks (shares) of the credit organisation, their sufficiency and to assess the satisfactory financial standing of the purchaser.

The Regulation 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 May 24, 2005. Reg. No. 6624.

Order of the Federal Service for Financial Markets No. 05-11/p3-n of April 20, 2005 on the Endorsement of the Regulation on the Reports of the Pension Fund of the Russian Federation on Generation and Investing of Resources of Accumulated Pensions

Specifies the forms, time limits and procedure of filling and submission by the Pension Fund of reports on generation and investing of resources of accumulated pensions to the Federal Service for Financial Markets of Russia.

The Order is entered into force beginning with the reports of the Pension Fund on generation and investing of resources of accumulated pensions for 6 months of 2005.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6611.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 275 of April 15, 2005 on the Forms of Documents Necessary for Investigation of Industrial Accidents

Endorses two registration forms: No. 315/u "Medical Statement on the Nature of the Damage to Health As a Result of Industrial Accident and Its Degree", No. 316/u "Certificate of the Final Diagnosis of the Victim of Industrial Accident" and their filling recommendations.

Registration Form 315/u is handed out to the request of the organisation, independent entrepreneur by the medical organisation where the victim of the industrial accident applied for medial aid for the first time, immediately after receiving the request. Registration form 316/u is filled out and handed out to the victim by the medical organisation after the end of the treatment.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6609.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 312 of April 29, 2005 on the Minimum Range of Medicines

Defines the minimum range of medicines necessary for the rendering of medical aid to be provided for by apothecary institutions.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6606.

Order of the Federal Tax Service No. SAE-3-19/127 of March 30, 2005 on the Endorsement of the Procedure of Organisation of Work to Grant Respites, Extension Schedules, Tax Credit, Investment Tax Credit to Pay Taxes and Fees, As Well As Penalties

Decisions granting respites (extension schedules), tax credits and investment tax credits to pay federal taxes and fees, as well as penalties, and suspending the payment of the federal taxes and fees, as well as penalties, for the period of examination of the application for the respite (extension schedule) shall be taken by the Federal Tax Service. Decisions on the payment of the regional and local taxes shall be taken by the departments of the Federal Tax Service of Russia in the subjects of the Russian Federation at the place of location (residence) of the person concerned.

The person concerned must present a guarantee of payment obliging the guarantor to execute the duty of the taxpayer to pay the taxes to the tax bodies in full amount if the latter cannot pay the due amount and appropriate penalties within specified time limits.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6604.

Order of the Federal Service for Financial Markets No. 05-12/pz-n of April 20, 2005 on the Endorsement of the Regulation on the Reports of the Specialised Depositary of Operations with Resources of Accumulated Pensions

Specifies the forms, time limits and procedure of filling and submission of the reports by the specialised depositary having concluded the contract for the services to the Pension Fund and the contract for the services of the specialised depositary to the Pension Fund for the resources of accumulated pensions of the insured having failed to choose the investment portfolio (management company) or a non-state pension fund. The reports shall be submitted to the Federal Service for Financial Markets of Russia and the Pension Fund.

The Order shall enter into force beginning with the report of operations with the resources of accumulated pensions for May 2005 submitted by the specialised depositary.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6603.

Order of the Federal Service for Financial Markets No. 05-9/pz-n of April 13, 2005 on the Endorsement of the Procedure of Determination of the Market Cost of Assets and the Cost of Net Assets Used to Invest Resources of Accumulated Pensions Generated in Non-State Pension Funds

Defines the rules of estimation of the market cost of assets and the cost of net assets available in trust control of the management company.

The market value of assets comprising the investment portfolio of the management company built at the expense of accumulated pensions is determined proceeding from the amount of monetary resources on the accounts and deposits in credit organisations, market cost of securities comprising the appropriate investment portfolio and the amount of receivables. The market value of securities is determined proceeding form the amount of securities in the investment portfolio of the management company and the market price of a single valuable paper.

The Order shall enter into force from July 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6602.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 310 of December 9, 2004 on the Endorsement of the Card of Preventive Medical Examination of the Child

To define the procedure of preventive medical examination of children and get uniform information of the results of preventive examination, endorses registration Form No. 030-D/u "Card of Preventive Medical Examination of the Child", its filling Instruction and the Instruction on the procedure of automatic data transfer of the mentioned registration form.

Registered in the Ministry of Justice of the Russian Federation on May 20, 2005. Reg. No. 6601.

Order of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being No. 390 of April 29, 2005 on the Qualification Requirements to Professional Knowledge and Skills of Civil Servants of the Territorial Departments of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being

Lists positions of the territorial departments of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being and the level of education required for the mentioned persons to execute their official duties.

Registered in the Ministry of Justice of the Russian Federation on May 16, 2005. Reg. No. 6589.

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