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 27.10.2005

Decision of the Government of the Russian Federation No. 637 of October 24, 2005 on the State Regulation of Tariff Rates for the Services of Public Telecommunication and Public Postal Communication

Defines the goals, methods and procedure of state regulation of tariff rates for the services of public telecommunication (other than multiple communication services) and public postal communication at the internal market of the Russian Federation provided by communication operators being the subjects of natural monopolies and included in the Register of Subjects of Natural Monopolies. Lists the services of the public telecommunication and public postal communication where the state regulation of tariff rates at the internal market is vested in the Federal Service for Tariff Rates of Russia.

Until January 1, 2008, adopted tariff rates for the intercity telephone connection for the users of fixed telephone communication shall include in economically substantiated expenses the payment of the compensation mark-up for the services of local and regional call initiation, the amount being specified by the Federal Service for Tariff Rates of Russia.

Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 30 of October 6, 2005 on Some Issues of the Practice of Application of the Federal Law "The Charter of the Railway Transport of the Russian Federation"

Explains individual issues of disputes on application of the Charter of the Railway Transport of the Russian Federation entered into force on May 19, 2003.

Conclusion of long-term contracts in cases of systematic cargo transportation is not obligatory. All disputes arising from such contracts may be processed in court only if the parties have agreed to it.

In disputes pertaining to collection from shippers of the fees for the failure to present cargo at the station of destination, one should take into account that these fees are not being a measure of proprietary liability. Therefore, the court may not apply the rules of liability, including the right of the court to reduce the amount of forfeit under Article 333 of the Civil Code of the Russian Federation.

For the lawsuits arising from disputes pertaining to payments effected through the Technological Centre of Processing of Transportation Documents, the annual period of limitation begins with the event serving as grounds to file the lawsuit. Therefore, if the carrier used amounts transferred by the shipper (consignee) in advance to redeem the debt for the transportation with expired period of limitation, the shipper (consignee) claim to return such amount must be satisfied. Besides, the interest for the use of alien monetary resources may be collected by the shipper (consignee) from the carrier regardless of which of the lawsuits was filed: on the change of the record in the personal account in the Technological Centre of Processing of Transportation Documents or on collection of the appropriate amount from the carrier.

Since the Civil Code of the Russian Federation and the Charter do not envisage the procedure and time limits for the carrier claims pertaining to fulfilled cargo transportation, observation of the precision procedure by the carrier is necessary only if it is envisaged in the contract.

Letter of the Higher Arbitration Court of the Russian Federation No. 95 of October 13, 2005 on the Procedural Consequences of the Change of the Place of Location of the Debtor Legal Entity for the Cases of Insolvency (Bankruptcy)

When processing the cases of insolvency (bankruptcy), arbitration courts must proceed from the fact that such cases are processed by the arbitration court at the place of location of the debtor legal entity. Therefore, if the debtor has changed the place of location, it is necessary to find out if there was a ruling to accept the application to recognise the debtor bankrupt of the arbitration court at the previous place of location. If such ruling was adopted, the arbitration court at the new place of location of the debtor refuses to accept the application. If the arbitration court at the new place of location of the debtor learns about it after accepting the application to recognise the debtor bankrupt, the processing of the case must be aborted.

Order of the Ministry of the Industry and Power Supplies of the Russian Federation No. 265 of October 4, 2005 on the Organisation of Work in the Ministry of the Industry and Power Supplies of the Russian Federation to Endorse the Normatives of Technological Losses in the Transfer of Thermal Power

Defines the procedure of examination and endorsement of the normatives of technological losses of thermal power, heat-carrying agents (steam, condensate, delivery water) and losses of electric power when transferring thermal power in heat-supply networks.

To endorse the normatives, the organisation shall submit before June 1 of the year preceding the period of regulation application to the Ministry of the Industry and Power Supplies of Russia with substantiation materials. Substantiation materials must be registered on the obligatory basis in the logbook of documents on normatives. Each application gets a number indicating the time, day, month and year of reception, supplied with the stamp of the Ministry of the Industry and Power Supplies of Russia.

The procedure of endorsement of the normatives is arranged through examination of appropriate cases. Commission for the Endorsement of the Normatives is formed, and an authorised person is assigned from the employees of the Department of the Fuel and Power Supply Complex of the Ministry of the Industry and Power Supplies of Russia. Procedure of processing of cases and decision making is adopted.

The Order also endorses the procedure of calculation and substantiation of the normatives of technological losses in the transfer of thermal power.

Registered in the Ministry of Justice of the Russian Federation on October 19, 2005. Reg. No. 7094.

Letter of the Central Bank of Russia No. 130-T of October 25, 2005

Territorial institutions of the Bank of Russia must revoke the orders prohibiting attraction in deposits of monetary resources of natural persons and opening of bank accounts to the banks having failed to undergo the whole procedure of admission to the deposit insurance system and the demand on submission of requests by the given banks to terminate the right of work with deposits.

This is stipulated by the entry into force of the Federal Law No. 132-FZ of October 20, 2005 on the amendment to Article 47 of the Federal Law on the insurance of deposits of natural persons in the banks of the Russian Federation. The Law abandons the duty of the Bank of Russia to impose the mentioned prohibitions 21 months after the day of entry into force of the Law on insurance of deposits. However, the prohibition to open deposits for natural persons preserves for the banks having failed to appeal against the negative statement of the Committee of Bank Enforcement, as well as the banks having received negative statements of the Chairman of the Bank of Russia.

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