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 30.09.2005

Decree of the President of the Russian Federation No. 1131 of September 27, 2005 on the Qualification Requirements to the Length of State Civil Service (State Service of Other Types) or the Length of Work in an Occupation for the Federal State Civil Servants

Defines the length of state civil service (state service of other types) or length of work in an occupation permitting to occupy the higher, chief, leading, senior and junior positions in the federal state civil service. To occupy higher positions in the federal state civil service, the length of service must be at least six years in the state civil service (state service of other types) or at least seven years in an occupation. For junior positions in the federal state civil service, the length-of-service requirements are not specified.

The Decree is entered into force simultaneously with the entry into force of the Decree of the President of the Russian Federation on the monetary subsistence for the federal state civil servants envisaged in Part 3 of Article 71 of the Federal Law No. 79-FZ of July 27, 2004 on the state civil service in the Russian Federation.

Decision of the Government of the Russian Federation No. 585 of September 28, 2005 on the Procedure for Control over Execution by the Customs Bodies of the Normative Legal Acts on Calculation and Collection of Customs Payments, Determination of the Customs Cost of Commodities

The mentioned control is vested in the Ministry of Finance of Russia in cooperation with the Ministry of Economic Development of Russia. Preliminary control is aimed at prevention of violations by the customs bodies of the provisions of the normative legal acts on issues of calculation and collection of customs payments, determination of the customs cost of commodities. The main control includes the checking of compliance of actions of the customs bodies with the mentioned provisions of the normative legal acts.

For officials having failures in execution or improper execution of the normatives of legal acts on issues of calculation and collection of customs payments, determination of the customs cost of commodities, a service check is arranged to call the culpable to account for a disciplinary action.

Order of the Ministry of Information Technologies and Communication of the Russian Federation No. 114 of September 20, 2005 on the Endorsement of the Rules of Use of User Stations (User Radio Stations) of the Networks of Mobile Radio Telephone Communication of the GSM-900/1800 Standard

Provides the rules of use of user stations (user radio stations) of the networks of radio communication using the splitting of the covered territory into a number of cells and providing uninterrupted communication while the user of the services of mobile communication is moving from cell to cell (networks of mobile radio telephone communication of the GSM-900/1800 standard).

User stations (user radio stations) used in the network of mobile radio telephone communication of the GSM-900/1800 standard must undergo compliance certification on the obligatory basis in the form of a declaration.

Registered in the Ministry of Justice of the Russian Federation on September 28, 2005. Reg. No. 7045.

Order of the Federal Customs Service No. 810 of August 31, 2005 on the Endorsement of the Instruction on the Lumpsum Allowance Paid out to Employees of the Customs Bodies of the Russian Federation When Dismissed from the Customs Bodies, As Well As the Monthly Allowance or Allowance in the Form of the Monthly Salary for the Special Grade after Dismissal from the Customs Bodies

The lumpsum allowance is paid out at dismissal from service upon reaching the limiting age, length of service permitting to get the pension, end of the length of service envisaged in the contract, because of organisational measures, transfer to another state body, draft military service or alternative civil service, because of the health condition.

The amount of the allowance depends on the length of service and may make from 5 to 20 monthly salaries.

The monthly allowance is paid out to employees with the length of service from 15 to 20 years and dismissed from service in the customs bodies upon reaching the limiting age, because of organisational measures, because of the health condition for five years after dismissal. The amount of the allowance with the total length of service of 15 years makes 40% of the monthly subsistence and is increased 3% for each year of service in excess of 15 years.

Registered in the Ministry of Justice of the Russian Federation on September 28, 2005. Reg. No. 7043.

Order of the Ministry of Economic Development of the Russian Federation No. 205 of August 25, 2005 on the Endorsement of the Prototype Charter of the Federal State Unitary Enterprises on the Basis of Economic Management

Endorses a new form of the prototype charter of the federal state unitary enterprise on the basis of economic management. The charter lists the goals and the subject of activities, rights and duties of the enterprise, defines the legal status of the enterprise property, procedure for managing the enterprise, as well as its branches and representations. A separate division is dedicated to issues of reorganisation and liquidation of the enterprise.

Enterprise property shall be federally owned, is indivisible and may not be distributed among shares, including its employees. Results, products and incomes obtained from the use of the property available in economic management of the enterprise, as well as the property purchased at the expense of obtained profits, shall be federally owned and transferred in economic management of the enterprise.

The enterprise must create a reserve fund, resources of which may be used to cover the losses exclusively. The profits may also be used to create a social and a housing fund, resources of which are used to improve employee health, as well as for the purchase and construction of housing (shared participation) for the enterprise employees needing improvement of housing conditions. Besides, a fund of material support of employees may be created.

Registered in the Ministry of Justice of the Russian Federation on September 27, 2005. Reg. No. 7041.

Letter of the Ministry of Finance of the Russian Federation No. 03-05-01-03/82 of August 15, 2005 on the Procedure of Collection of the Incomes Tax from Natural Persons for the Citizens of the Republic of Belarus

For the citizens of the Republic of Belarus - potential tax residents of the Russian Federation (taking into account the labour contracts concluded with such citizens) - the rate of the income tax in the amount of 13% shall apply for the works under employment contracts from the first day of their stay on the territory of the Russian Federation.

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