Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 29.09.2005

Federal Law No. 124-FZ of September 27, 2005 on the Amendments to the Code of Administrative Violations of the Russian Federation

Simplifies the procedure of payment of administrative fines. Decision imposing a fine, as well as the slip for the administrative violation in the sphere of highway traffic, must contain information on the recipient of the payment necessary according to the bank rules of filling of the payment documents to transfer fines to the accounts of the budgets of the Russian Federation.

Federal Law No. 123-FZ of September 27, 2005 on the Amendment to the Federal Law on the Amendments to the Legislative Acts of the Russian Federation and Invalidation of Some of the Legislative Acts of the Russian Federation Pursuant to the Adoption of the Federal Laws on the Amendments to the Federal Law on the General Principles of Organisation of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation and on the General Principles of Organisation of Local Government in the Russian Federation

Employees dismissed before January 1, 2005 at liquidation of organisations of the coal industry located in the regions of the Far North and localities of the similar status who have the length of work at least 10 years in such organisations shall get housing subsidies for the purchase (construction) of homes at the new place of residence. The procedure and terms of granting of such subsidies shall be defined by the Government of the Russian Federation.

Decree of the President of the Russian Federation No. 1134 of September 27, 2005 on the Call up to the Military Service of Citizens of the Russian Federation in October-December 2005 and on the Dismissal from the Military Service of Draft Servicemen

The call up to the military service of the citizens of the Russian Federation shall be arranged from October 1 to December 31, 2005 in the amount of 140,900 persons aged 18 to 27 years not being in the reserve and entitled for the military service.

Non-rated men, sergeants and sergeant-majors with expired length of service must be dismissed from the military service.

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

Decision of the Government of the Russian Federation No. 584 of September 26, 2005 on the Measures to Provide for the Fulfilling of Obligations of the Russian Federation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973 Pertaining to Sturgeon Fishes

The administrative body in charge of the fulfilling of obligations of the Russian Federation under the mentioned Convention pertaining to sturgeons is the Federal Service of Veterinary and Phytosanitary Enforcement. The mentioned body shall issue permissions for the export/import, certificate for the re-export of sturgeons and products of them, including the roe, as well as the certificate for the introduction of the sturgeon species from the sea.

The Government of the Russian Federation shall fix quotas for the export of the mentioned fishes on the annual basis. The export and import shall be permitted in the presence of the license of the Ministry of Economic Development of Russia (besides the permission issued by the administrative body).

Natural persons may import and export sturgeon roe in the amount not greater than 250 g per person regardless of the age without permissions and licenses.

Direction of the Central Bank of Russia No. 1613-U of September 14, 2005 on the Amendments to the Direction of the Bank of Russia No. 1476-U of July 16, 2004 on the Procedure for Sending the Demand of the Bank of Russia for the Submission of the Bank Request to Terminate the Right of Work with Deposits

The procedure of sending of the demand of the Bank of Russia for submission of the bank request to terminate the right of work with deposits applies to the banks registered in the deposit insurance system but failing to comply with the requirements of participation in the deposit insurance system. Such demand of the Bank of Russia must be sent to the bank no later than within 10 working days from the day of adoption by the Committee of Bank Enforcement of the Bank of Russia of the decision of incompliance of the bank registered in the deposit insurance system with the requirements of participation in the deposit insurance system.

Registered in the Ministry of Justice of the Russian Federation on September 28, 2005. Reg. No. 7042.

Order of the Federal Bailiff Service No. 35 of March 11, 2005 on the Endorsement of the Regulation on the Bonuses and Material Aid to the Employees of the Federal Bailiff Service

Employees of the Federal Bailiff Service of Russia shall get bonuses for the results of their work and lumpsum bonuses for the specially complicated and important missions. The bonuses for the results of work shall be paid out on the quarterly basis (75% of the salary for the occupied position per quarter) simultaneously with the earrings for the last month of the quarter, and for the VI quarter - during this quarter proceeding from the actually spent time. The employee may be deprived of the bonus if there are service failures, violations of the labour discipline.

Employees of the Federal Bailiff Service of Russia shall get also material aid in the amount of two salaries for the occupied position when getting the annual leave.

The bonuses and material aid envisaged in the Order will be paid out beginning with January 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on September 26, 2005. Reg. No. 7038.

Letter of the Federal Tax Service No. 03-11-02/37 of September 15, 2005 in Reply to the Request of the Federal Tax Service of Russia No. 01-2-02/1086 of August 2, 2005 on the Procedure of Application of Some Provisions of Article 346.27 of the Tax Code of the Russian Federation

For the purposes of the uniform imputed income tax, retail trade is recognised to include also the sale of commodities for cash not only to natural persons, but also to legal entities, i.e. regardless of the type of contracts actually used to sell the commodities. From January 1, 2006, retail trade will include the sale of commodities only under the contracts of retail purchase and sale.

Operations of sale of commodities using any other forms of payment, including cashless payment on credit, are not regarded as retail trade for the purposes of the uniform imputed income tax and must be taxed according to the commonly accepted procedure.

From January 1, 2006, the sale of commodities to natural persons under the contracts of retail purchase and sale will be regarded as retail trade regardless of the forms of payment. Therefore, the sale of commodities on credit to natural persons will be subject to the uniform tax.

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