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 2.02.2006

Decision of the Government of the Russian Federation No. 50 of January 28, 2006 on the Measures to Protect Russian Producers of Incandescent Lamps

Introduces for 3 years a quota for the import to the Russian Federation in the customs regime of release for internal consumption of electric incandescent lamps with the power rating not greater than 200 W and for the voltage greater than 100 V, except for ultraviolet and infrared lamps, halogen lamps with a tungsten filament and reflexive lamps classified under the code of the Foreign Trade Commodity Nomenclature of the Russian Federation 8539 22 900 0, in the amount of 136.7 million pieces a year. The import is arranged on the basis of licenses issued by the Ministry of Economic Development of Russia.

Distribution of the mentioned quota is provided. Import of incandescent lamps in the customs regime of release for internal consumption in excess of the mentioned quota is prohibited.

The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 48 of January 28, 2006 on the Composition and Procedure of Preparation of Documents to Transfer the Lands of the Forestry Fund into the Lands of Other Categories

Lists the documents submitted by the Ministry of Natural Resources of Russia to the Government of the Russian Federation to transfer the lands of the forestry fund into the lands of other categories.

Territorial body of the Federal Forestry Agency shall draw up the act of choice within one month after the date of appeal of the applicant to select the part of the forestry fund or return the materials to the applicant with a motivated refusal. The act of choice and the plan serve as grounds to prepare documentation substantiating the transfer for the declared purposes and shall remain in force within 3 years.

The Ministry of Natural Resources of Russia shall introduce in the Government of the Russian Federation a draft act of the Government of the Russian Federation to transfer the lands with attached documents on the transfer or return submitted documents for reworking to the Federal Forestry Agency.

Decision of the Government of the Russian Federation No. 47 of January 28, 2006 on the Endorsement of the Regulation Recognising the Dwelling Space As Such, Dwelling Space As Unfit for Living and Apartment House As Unsafe and Needing Demolition

Recognising a dwelling space as such, as unfit for living, as well as an apartment house as unsafe and needing demolition is vested in the interagency commission created by the federal body of executive power to assess the dwelling space of the housing fund of the Russian Federation. In the subjects of the Russian Federation, there are commissions for assessment of the dwelling space of the housing fund of the appropriate subject of the Russian Federation, and in municipalities - commissions for assessment of the dwelling space of the municipal housing fund.

The Decision defines the requirements to the dwelling space. Dwelling space shall include a home, an apartment or a room. A home is implied to be an independent building consisting of rooms and auxiliary space for household and other pertinent need. An apartment is a structurally separate space in an apartment house providing for direct access to rooms of common use in such house and consisting of one or several rooms, as well as auxiliary space for household and other pertinent needs.

The Decision provides the grounds to recognise the dwelling space as unfit for living and an apartment house as unsafe and needing demolition. Assessment of the dwelling space is vested in a commission to be arranged in pursuance of the application of the owner or tenant or on the basis of the statement of the bodies in charge of state control and enforcement.

The Regulation applies to all dwelling space on the territory of the Russian Federation available in operation regardless of the forms of ownership, except for the dwelling space located in objects of capital construction not yet put in operation and not yet registered in compliance with the City Planning Code.

Decision of the Government of the Russian Federation No. 46 of January 28, 2006 on the Normatives of Assessment of Financial Stability of Activities of Housing Cooperatives

Provides the normatives of assessment of financial stability of activities of housing co-operatives attracting and using monetary resources of their member-citizens for the purchase or construction of dwelling space and specifies the method of their determination. Thus, the normative of maximum debt of cooperative members must not be greater than 0.1, the normative of debt load - not greater than 0.4 and the normative of the debts of cooperative members - not greater than 1.

The estimate of the normatives of assessment of financial stability of activities of the cooperative shall be done on the basis of accounting information of the cooperative.

The Decision is entered into force 6 months after the day of its official publication.

Decision of the Government of the Russian Federation No. 42 of January 26, 2006 on the Endorsement of the Rules of Inclusion of the Dwelling Space in the Specialised Housing Fund and of Typical Contracts of Lease for the Specialised Dwelling Space

Inclusion of the dwelling space in the specialised housing fund and exclusion of the dwelling space from the mentioned fund shall be arranged on the basis of the decision of the body in charge of the management of the state or municipal housing fund. The Decision lists the documents necessary to qualify the dwelling space as a certain type of dwelling space of the specialised housing fund. Inclusion of dwelling space in the specialised housing fund is not permitted if the dwelling space is occupied under a social lease contract, lease of dwelling space of the state or municipal housing fund of commercial use, as well as if there are encumbrances for this property.

The Decision defines the requirements to the dwelling space qualified as specialised housing fund. Thus, it is not permitted to allocate as a service space the rooms in apartments with several tenants or owners of dwelling space. Service dwelling space may only include separate apartments.

Hostels shall include specially constructed or reconstructed for this purpose houses or parts of houses, rooms outfitted with furniture and other items necessary for living. Dwelling space in a hostel is provided to citizens proceeding from at least 6 square meters of dwelling space per person. The same norm is envisaged for the dwelling space of the mobile fund, as well as the temporary residence fund.

The Decision provides five forms of typical lease contracts for the dwelling space: fund of temporary residence of forced migrants, refugees; mobile fund, service dwelling fund and hostel.

Order of the Ministry of Education and Science of the Russian Federation No. 285 of November 22, 2005 on the Endorsement of the Minimum Necessary Works (Services) Provided for During Strikes in Organisations, Branches and Representations of the System of Education

Endorses the minimum necessary works (services) to be provided for during strikes in organisations, branches and representations of the system of education. During strikes, the works must not be stopped pertaining to life and health of students staying in educational institutions during the academic year or on the round-the-year basis. Social services must not interrupt provided by institutions in charge of teenagers to persons finding themselves in a socially jeopardising condition.

Scientific research works may not be interrupted pertaining to safety of people, their life and health, as well as to vital interests of the society, as well as the scientific research works that, if interrupted, may incur a damage on the health and life of people.

Registered in the Ministry of Justice of the Russian Federation on February 1, 2006. Reg. No. 7431.

Order of the Ministry of Justice of the Russian Federation No. 2 of January 13, 2006 on the Endorsement of the Instruction on Assistance in Employment and Settlement, As Well As on the Aid to Convicts Released from Corrective Institutions of the Criminal Execution System

Defines the procedure for the administration of a corrective institution to render assistance in employment and settlement, as well as the procedure to render aid to convicts released from punishment.

Preparation for the release of detainees of the corrective institution begins at least 6 months in advance of their release. During this period, a talk must be arranged with each of the convicts to find out where he wants to live, work or study, if there are relations with relatives, if he is ready to support his living in a free environment. Lessons must also be arranged in the school of preparation of convicts for release. It is necessary to examine applications of convicts to render aid in employment and settlement at the chosen place of residence. The convicts may get short-term leaves up to seven days long not including the time of travel for preliminary investigation of issues of employment and settlement after release.

6 months an advance of the expiry of the time of detention and, if released for other reasons, within 10 working days after the release, letters are being sent to the bodies of local government and bodies of the federal employment service at the place of residence chosen by the convict notifying of his release, availability of dwelling space, employment opportunities and skills. Requests are sent to the body of internal affairs at the place of residence chosen by the convict to find out opportunities of settling at the mentioned address.

Administration of the corrective institution must provide the convicts with travel tickets or money to pay for the travel to the place of residence, foodstuffs for the time of travel and clothing.

The Order specifies the particulars of preparation for the release of individual categories of convicts.

Registered in the Ministry of Justice of the Russian Federation on January 30, 2006. Reg. No. 7426.

Order of the Ministry of Culture and Mass Communication of the Russian Federation No. 536 of November 8, 2005 on the Typical Instruction on Business Administration in the Federal Bodies of Executive Power

Introduces general requirements to the services of documentary support, record keeping and organisation of work with documents in the federal bodies of executive power - ministries, services, agencies.

Federal bodies of executive power shall maintain business procedures on the basis of the typical regulation of internal organisation of the federal bodies of executive power (Decision of the Government of the Russian Federation No. 452 of July 28, 2005). Personal instructions on business administration are endorsed by the heads of the federal bodies of executive power after coordination with the Federal Archive Agency.

Provisions of the typical instruction shall apply to organisation of work with documents regardless of the type of medium, including their preparation, registration and control of execution using automatic (computer technologies).

Registered in the Ministry of Justice of the Russian Federation on January 27, 2006. Reg. No. 7418.

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