Monitoring of the Federal Legislation dated 21.10.2005

Federal Law No. 132-FZ of October 20, 2005 on the Amendments to Article 47 of the Federal Law on the Insurance of Deposits of Natural Persons in the Banks of the Russian Federation

Eliminates the restriction of 21 months within which the Bank of Russia must impose the prohibition for attraction in deposits of monetary resources of natural persons and opening bank accounts for natural persons by credit organisations having received a negative statement for the repeated request for participation in the deposit insurance system. This permits the banks having received a negative statement for their repeated request, but wishing to continue working with private deposits, to use within the last days of the 21-day period the provision of the law permitting to revoke such statement on the same terms (without restricting their right of work with depositors) as commercial banks having received negative statements much earlier.

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

Federal Law No. 131-FZ of October 20, 2005 on the Amendments to Chapter 28 of Part 2 of the Tax Code of the Russian Federation

Specifies reporting periods for legal entity taxpayers and envisages a transfer of advance payments for the transportation tax.

Reporting periods for taxpayers out of organisations are the first quarter, second quarter, third quarter. When fixing the tax, legislative (representative) bodies of the subjects of the Russian Federation may abstain from specifying the reporting periods.

Advance payments are calculated upon expiry of the reporting period in the amount of one forth of the product of the tax rate and appropriate taxable base.

In cases of registration of the transport vehicle and/or removal of the transport vehicle from registration during the reporting period, advance payment for the tax is calculated using a coefficient defined as a ratio of full months when the given transport vehicle has been registered with the taxpayer to the number of calendar days in the reporting period.

The Federal Law is entered into force from January 1, 2006, however, no sooner than one month after the day of its official publication.

Decree of the President of the Russian Federation No. 1222 of October 19, 2005 on the Main Personal Identification Documents of the Citizens of the Russian Federation outside the Territory of the Russian Federation Containing Electronic Media

From January 1, 2006, introduces new generation passports outfitted with electronic media. Specimens of the blank passports and descriptions must be endorsed by the Government of the Russian Federation until November 1, 2005.

Issue of new passports will begin in the Kaliningrad Province, as well as representations of Russia abroad in Germany and Lithuania. Old passports after expiry will be replaced with the passports of the new type.

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

Decision of the Government of the Russian Federation No. 623 of October 17, 2005 on the Endorsement of the Rules of Preliminary Registration of the Account (Deposit) Opened in the Bank outside the Territory of the Russian Federation

Preliminary registration of the account before its opening is carried out by the tax body at the place of registration of the resident. To register the account, the resident natural person must submit an application drawn up to provided form and a copy of the personal identification document. Independent entrepreneur must present in addition the certificate of state registration as an independent entrepreneur and the certificate of the codes of forms of the federal state statistical monitoring. Legal entity must present application, the document of its state registration and the certificate of the codes of forms of the federal state statistical monitoring.

Application for the preliminary registration of the account must be processed within 10 working days. When the mentioned time limits expires, the tax body must issue a registration document or present a motivated refusal of the preliminary registration. The Decision contains an exhaustive list of the reason of refusal of the preliminary registration. A file is created by the tax bodies for each received application for the preliminary registration of the account.

Decision of the Government of the Russian Federation No. 619 of October 17, 2005 on the Improvement of the State Regulation of Prices for Medicines

Medicines sold to doctor (feldsher) prescription in the framework of the additional free medical aid to individual categories of citizens entitled for the state social aid in the form of a set of social services are subject to the state regulation of prices. Prices for the mentioned medicines have limiting trade mark-ups, with the limiting sale prices for the medicines of Russian and foreign producer organisations being registered in the Federal Service of Enforcement in the Sphere of Public Health and Social Development.

The sum of trade mark-ups of all organisations of the wholesale trade of medicines and apothecary institutions selling the medicine on the territory of the subject of the Russian Federation must not be greater than the appropriate limiting trade mark-up.

Direction of the Central Bank of Russia No. 1621-U of October 3, 2005 on the Amendments to the Regulation of the Bank of Russia No. 255-P of March 29, 2004 on the Obligatory Reserves of Credit Organisations

Changes the term "diversity credit organisation" for the term "major credit organisation with a wide network of divisions". Reserved obligations of the credit organisation include passive residues of Account 30232 "Unfinished Payments in Operations Using Bank Cards". Also amends the forms of the estimate of the amount of obligatory reserves that must deposited in the Bank of Russia and information on the residues of reserved obligations.

The Direction is entered into force from November 1, 2005 and applies beginning with the estimate of the amount of obligatory reserves for the reporting period from November 1 to December 1, 2005 with exceptions.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7106.

Order of the Federal Service for Tariff Rates No. 320-e/1 of July 26, 2005 on the Endorsement of the Procedure and Terms of Payment for the Services of Organisation of Functioning and Development of the Joint Power Supply System of Russia

The procedure is intended for use by the Federal Service for Tariff Rates of Russia, RAO Joint Power Supply Systems of Russia and the subjects of wholesale market of electric power - consumers of electric power and power-supply organisations (except for the concern Rosenergoatom).

The payment applies to economically substantiated amount of user fee (procedure of determination provided) and calculated proceeding from the volume of the necessary gross receipts of the RAO Joint Power Supply Systems of Russia for the rendered services in organisation of functioning and development of the Joint Power Supply System of Russia.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7101.

Order of the Federal Security Service of the Russian Federation No. 569 of September 26, 2005 on the Endorsement of the Regulation on the Procedure of State Control in the Sphere of Protection of Sea Biological Resources

The state control in the sphere of protection of sea biological resources is vested in the divisions of the Federal Security Service of Russia, territorial security bodies, border guard bodies within their sphere of reference. The Border Guard Service of the Federal Security Service of Russia is the major division of the Federal Security Service of Russia in charge of the state control in the sphere of protection of sea biological resources.

The state control implies a complex of control checks, analytic measures, administrative and other actions aimed at ensuring observation by the users of sea biological resources of the legislation in the sphere of conservation of sea biological resources, as well as requirements and terms of the permission for catching of aquatic biological resources, other documents granting the right of use of sea biological resources.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7100.

Order of the Federal Security Service of the Russian Federation No. 568 of September 26, 2005 on the Endorsement of the Regulation on the Procedure of Implementation of Authority of State Inspectors of the Sea Guard Service

Defines the procedure of implementation of the authority of senior state inspectors, state inspectors and local inspectors of the sea guard service of the state sea inspections of the border guard departments of the Federal Security Service of Russia in the subjects of the Russian Federation when they solve the tasks of protection and safeguarding of economic and other legal interests of the Russian Federation. Officials of the inspector corps, when they fulfil their service duties, may, in particular, arrest violators of the legislation and withdraw, as a temporary measure, the means of catching, equipment, tools, units and other items, as well as the documents and all illegally obtained catch of aquatic biological resources.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7098.

Order of the Ministry of Economic Development and Trade of the Russian Federation No. 245 of September 29, 2005 on the Measures to Implement the Decision of the Government of the Russian Federation No. 363 of June 9, 2005 on the Endorsement of the Regulation on the Monitoring of Export and/or Import of Individual Types of Commodities

Endorses the form of the application to get the permission for export and/or import of individual types of commodities and the form of the permission for the export and/or import of individual types of commodities. The given documents are necessary to monitor the dynamics of export and import of individual commodities.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7097.

Order of the Ministry of Economic Development and Trade of the Russian Federation No. 251 of October 6, 2005 on the Measures to Implement the Decision of the Government of the Russian Federation No. 364 of June 9, 2005 on the Endorsement of the Regulations on the Licensing in the Sphere of Foreign Trade of Commodities and on the Building and Keeping of the Federal Bank of Issued Licenses

Endorses the form of the application for the license and the form of the license. Acceptance of applications for the licenses is vested in the territorial bodies of the Ministry of Economic Development and Trade of Russia to be arranged from November 1, 2005. For the earlier accepted applications, the drawing up and issue of the licenses must be finished before November 18, 2005. From November 21, 2005, the licenses will be issued according to the new form.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7096.

Direction of the Central Bank of Russia No. 1625-U of October 7, 2005 on the Amendments to the Direction of the Bank of Russia No. 1363-U of December 25, 2003 on the Drawing up and Submission of Financial Reports by Credit Organisations

Beginning with January 1, 2005, credit organisations shall submit financial reports (consolidated and non-consolidated) for the reporting period beginning on January 1 and ending on December 31 to the territorial institutions of the Bank of Russia in charge of enforcement of their activities until July 1 of the year following the reported one. Financial reports must be confirmed by an audit organisation.

The Direction 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 October 19, 2005. Reg. No. 7095.

Order of the Federal Service of Enforcement in the Sphere of Education and Science No. 1938 of September 30, 2005 on the Endorsement of the Figures of Activities and Criteria of State Accreditation of Higher Educational Institutions

Provides the figures of activities of higher educational institutions and criteria of state accreditation used to take decisions on the state accreditation. The figures of state accreditation define accreditation status for the type "higher educational institution", as well as are used to determine the type of the higher educational institution (institute, academy, university).

The Order is entered into force from January 1, 2006.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7092.

Direction of the Central Bank of Russia No. 1617-U of September 28, 2005 on the Amendments to the Regulation of the Bank of Russia No. 236-P of August 4, 2003 on the Procedure of Granting Credits to Credit Organisations by the Bank of Russia Secured with the Pledging (Blocking) of Securities

The general credit contract shall includes the contract for the credits of the Bank of Russia secured with the pledging (blocking) of securities concluded between the Bank of Russia and the bank according to specified form - for transactions committed at the stock exchange.

Information on the market cost of securities is published in the representation of the Bank of Russia in the Internet.

The Direction changes the requirements to the blocked securities or those accepted as a pledge: the time limit for redemption must occur no sooner than 6 working days after the time limit of redemption of the credit of the Bank of Russia requested by the bank (necessary for the bank) (earlier, no sooner than 10 calendar days). Besides, the candidate borrower bank must not be the issuer of the mentioned securities.

The Direction 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 October 18, 2005. Reg. No. 7081.

Direction of the Central Bank of Russia No. 1618-U of September 28, 2005 on the Amendments to the Direction of the Bank of Russia No. 1482-U of July 28, 2004 on the List of Securities Forming the Lombard List of the Bank of Russia

The Lombard List of the Bank of Russia shall include the bonds of international financial organisations issued in compliance with the legislation of the Russian Federation. The issuer of the mentioned securities must have a certain rating of long-term creditworthiness in obligations in foreign currencies, or execution of obligations of such issuers must be secured with state guarantees.

The Direction is entered into force 10 days after the day of its publication in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on October 18, 2005. Reg. No. 7080.

Direction of the Central Bank of Russia No. 1616-U of September 28, 2005 on the Invalidation of Individual Normative Acts of the Bank of Russia

Invalidates Instruction of the Bank of Russia No. 96-I of December 28, 2000 on the special, type S accounts of non-residents with amendments. The Instruction regulated the procedure for operations carried out by non-residents on the special, type S accounts in the currency of the Russian Federation and the special, type S accounts for securities. At present, the mentioned procedure is regulated by the Instruction of the Bank of Russia No. 116-I of June 7, 2004 on the types of special accounts of residents and non-residents.

The Direction 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 October 18, 2005. Reg. No. 7079.

Direction of the Central Bank of Russia No. 1614-U of September 19, 2005 on the Procedure of Handing out of Memorial and Investment Coins to Resident Credit Organisations by the Bank of Russia

The handing out of coins to resident credit organisations is vested in the divisions of the territorial institutions of the Bank of Russia providing cash services to credit organisations and the interregional depositaries of the Central Depositary of the Bank of Russia to their requests. The coins shall be handed out at selling prices including the nominal cost of coins, the cost of precious metals present in them, the cost of production of coins and overhead expenses of the delivery from the mints to the interregional depositaries. Within 3 days after getting the request, the territorial institution of the Bank of Russia shall sent to the credit organisation information on the coins used to formulate the order. After getting the order drawn up in a free form, the territorial institution of the Bank of Russia or the department of issue and cash operations shall hand over no later than within 10 working days to the credit organisation by fax the coins specification. The specification shall also be sent to the cash department or interregional depositary to be handed out to the credit organisation together with the coins.

The coins should be entered by credit organisations in accounting records at the purchase prices and may be reassessed.

The Direction is entered into force 10 days after its official publication in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on October 18, 2005. Reg. No. 7078.

Direction of the Central Bank of Russia No. 1615-U of September 20, 2005 on the Invalidation of Individual Normative Acts of the Bank of Russia

Invalidates the Direction of the Bank of Russia No. 1337-U of November 3, 2003 on the procedure for operations of purchase of coins of precious metals sold by the Bank of Russia being a legal means of cash payments on the territory of the Russian Federation carried out by credit organisations enjoying cash services in the divisions of the Moscow Territorial Directorate of the Bank of Russia. At present, there is a uniform procedure of issue of memorial and investment coins to resident credit organisations by the Bank of Russia endorsed by the Direction of the Central Bank of Russia No. 1614-U of September 19, 2005.

The Direction 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 October 18, 2005. Reg. No. 7077.

Order of the Ministry of Finance of the Russian Federation No. 124n of September 23, 2005 on the Endorsement of the Form of the Tax Declaration for the Land Tax and Its Filling Procedure

Endorses the form of the tax declaration for the land tax (KND Form 1153005) and its filling procedure. The declaration is submitted upon expiry of the tax period no later than February 1 of the year following the expired tax period. The declaration at the end of the tax period is submitted to the tax bodies where the taxpayers are registered at the place of location of the land plots.

The form of the tax declaration for the land tax endorsed by the Order of the Ministry of Taxation of the Russian Federation No. BG-3-21/725 of December 29, 2003 shall not apply from February 1, 2006.

Registered in the Ministry of Justice of the Russian Federation on October 18, 2005. Reg. No. 7076.

Order of the Ministry of Finance of the Russian Federation No. 117n of September 14, 2005 on the Procedure for Taking the Decision Recognising As Desperate for Collection and Writing off of Arrears and Debts in Penalties for the Federal Taxes and Fees Pertaining to the Moving of Commodities across the Customs Border of the Russian Federation

There three reasons for the customs bodies to take the decision recognising as desperate for collection and writing off the debts: liquidation of the organisation, bankruptcy of independent entrepreneur pertaining to the debt unredeemed because of insufficiency of the debtor property, as well as the death of the natural person or being assumed dead by the court. To check the reasons of such writing off, the customs body creates a commission of at least three persons.

Registered in the Ministry of Justice of the Russian Federation on October 18, 2005. Reg. No. 7075.