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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 14.02.2006

Decision of the Government of the Russian Federation No. 81 of February 9, 2006 on the Endorsement of the Rules of Granting Subsidies in 2006 from the Federal Budget to the Budgets of the Subjects of the Russian Federation to Reimburse Part of Expenses to Pay the Interest under Credits Obtained by Agricultural Producers, Organisations of the Agroindustrial Complex, Peasant (Farmers') Enterprises, Organisations of Consumer Cooperatives, Repair and Agricultural Supply Organisations in Russian Credit Organisations

According to the endorsed rules, the subsidies are allocated to reimburse part of expenses to pay the interest under credits obtained in Russian credit organisations by: agricultural producers and peasant (farmers') enterprises to purchase fuels and lubricants, spare parts and materials for repair of agricultural equipment, mineral fertilisers and other purposes; foodstuff and processing organisations of the agroindustrial complex and organisations of consumer cooperatives to purchase home-made agricultural raw materials for industrial processing; repair and agricultural supply originations to purchase and supply spare parts and materials for the repair of agricultural equipment.

The subsidies are provided to borrowers from the budgets of the subjects of the Russian Federation on the monthly basis in the amount of two thirds of expenses to pay the interest, however, not greater than two thirds of the rate of refinancing (bank rate) of the Central Bank of Russia. For credits obtained by peasant (farmers') enterprises, the subsidies are provided in the amount of 95% of the rate of refinancing (bank rate) of the Central Bank of Russia or 95% of the actual expenses to pay the interest if the interest rate is below the rate of the Central Bank of Russia.

The subsidies for reimbursement of the interest accrued and paid out for overdue debts are not provided.

The subsidies are provided to borrowers under credits obtained in the banks from December 15 to December 31, 2005 and in 2006, as well as for the credits obtained in 2005 with the period of redemption before April 1, 2006.

The issue of granting of the subsidy shall be examined on the basis of application of the borrower submitted to the body authorised by the body of executive power of the subject of the Russian Federation. The authorised body shall draw up on the monthly basis on the basis of documents submitted by the borrower certificate of estimate to the Ministry of Agriculture of Russia. The subsidies are granted to the subject of the Russian Federation on the basis of the mentioned certificate of estimate.

The Decision defines the list of the documents to be used to transfer the resources to the borrower settlement account.

Decision of the Government of the Russian Federation No. 78 of February 7, 2006 on the Procedure of Study of Contract Servicemen (Except for Officers) in Civil Institutions of Higher and Secondary Professional Education and in Preparatory Departments (Courses) of the Mentioned Educational Institutions

The rules endorsed by the Government shall regulate the issues pertaining to implementation of the right of servicemen with uninterrupted length of military contract service of at least three years in calendar figures for out-of-contest admission (on condition of getting positive marks at entrance examinations) and study in civil institutions of higher and secondary professional education and in preparatory departments (courses) of the mentioned educational institutions to master educational programs of extra-mural and intra-mural studies.

The Decision defines the procedure of calculation of the period of uninterrupted military service. If transferred from one federal body, where military service is envisaged, to another, the period before the transfer is included in the length of service. If called up to the military service from the reserve, the length of the previous military service is not included.

For admission to a higher and other educational institutions, servicemen get a referral. An obligatory prerequisite is getting education of appropriate level for the first time. Servicemen admitted to civil educational institutions on referrals and dismissed from them because of the failure to master the educational program for unjustifiable reasons, because of the violation of the charter of the civil educational institution and/or its internal rules may get new referrals no sooner than three years after the dismissal.

The rules envisage respites of certification, opportunities of getting academic leaves for servicemen, their transfer to other educational institutions because of the circumstances associated with the military service. Candidate and student servicemen may get leaves for study. Procedure for granting study leaves and the social guarantees pertaining to education shall be defined by the heads of the federal bodies of executive power at the place of service.

Expenses pertaining to the implementation of the procedure specified in the rules shall be made from the federal budget allocated for this purpose to the Ministry of Defence of the Russian Federation and other federal bodies of executive power where military service is envisaged by the Federal Law.

Decision of the Government of the Russian Federation No. 75 of February 6, 2006 on the Procedure for the Body of Local Government to Arrange an Open Contest to Select the Management Organisation to Manage an Apartment House

From January 1, 2007, bodies of local government and bodies of state power of the cities of Moscow and St.Petersburg shall arrange open contests to select a management organisation to manage an apartment house. The Decision endorses the procedure of organisation and carrying out the contest requiring it if the owners of the dwelling space in an apartment house did not choose a method of management for this house or the decisions to choose the method of management taken by such owners were not implemented. If a contest is arranged for the right to conclude management contracts for several apartment houses, the total area of the dwelling and non-dwelling space (except for the common-use space) in such houses must not be greater than 100,000 square meters, and such houses must be located on adjacent land plots where the land of common use may be available between them.

The choice of the specialised organisation rests with the organiser of the contest to be implemented through tenders.

Order of the Ministry of Regional Development of the Russian Federation No. 8 of January 26, 2006 on the Normative of the Cost of 1 Square Meter of Total Area of Dwelling Space for the First Six Months of 2006 and the Average Market Cost of 1 Square Meter of Total Area of Dwelling Space by the Subjects of the Russian Federation for the I Quarter of 2006

Introduces amounts of average market cost of 1 square meter of total dwelling space for the I quarter of 2006 for the purpose of free subsidies for the purchase of dwelling space for all categories of citizens getting these subsidies from the federal budget.

The normative of the cost of 1 square meter of total area of dwelling space for the Russian Federation used in the calculation of the amount of the subsidy granted to citizens from the federal budget for the I quarter of 2006 is fixed in the amount of Rbl 13,600.

Registered in the Ministry of Justice of the Russian Federation on February 8, 2006. Reg. No. 7479.

Order of the Ministry of Finance of the Russian Federation No. 8n of January 17, 2006 on the Endorsement of the Form of the Tax Declaration for the Uniform Imputed Income Tax for Individual Types of Activities and Its Filling Procedure

Endorses a new form of the tax declaration for the uniform imputed income tax for individual types of activities, as well as a new procedure of filling of the declaration.

The tax declaration for the uniform imputed income tax shall be filled out by taxpayers engaged in entrepreneurial activities subject to the uniform imputed income tax on the territory of municipal regions, urban districts, federal cities of Moscow and St.Petersburg. The declaration shall be submitted to the tax bodies after the tax period no later than the 20th of the first month of the following tax period. The declaration may be submitted in electronic form.

Order of the Ministry of Finance of Russia No. 96n of November 1, 2004 on the endorsement of the form of the tax declaration for the uniform imputed income tax for individual types of activities and its filling instruction shall apply to tax declarations submitted for the I-IV quarters of 2006 by taxpayers engaged in entrepreneurial activities transferred in 2006 to the uniform imputed income tax by the laws of the subjects of the Russian Federation.

The Order is entered into force beginning with the tax declaration for the I quarter of 2006.

Registered in the Ministry of Justice of the Russian Federation on February 8, 2006. Reg. No. 7482.

Order of the Ministry of Economic Development and Trade of the Russian Federation No. 2 of January 16, 2006 on the Endorsement of the Typical Regulation on the Territorial Body of the Federal Agency for the Management of Special Economic Zones

The endorsed Typical Regulation describes the authority and procedure of organisation of activities of the territorial body of the Federal Agency for the Management of Special Economic Zones.

The territorial body of the Federal Agency for the Management of Special Economic Zones shall implement the functions of rendering of state services and judicial functions in the sphere of management of special economic zones, as well as control of execution of agreements on industrial production or technical innovation activities.

In the framework of their granted authority, the territorial body shall control and manage in coordination with the Federal Agency for the Management of Special Economic Zones objects of immovable property located on the territory of the special economic zone and available in the state and/or municipal property according to the procedure specified in the agreement on the creation of the special economic zone; issue certificates certifying registration of entities as residents of the special economic zone; manage the special economic zones according to the procedure and within the sphere of reference envisaged in the legislation; as well as implement other authority.

Registered in the Ministry of Justice of the Russian Federation on February 8, 2006. Reg. No. 7473.

Order of the Ministry of Finance of the Russian Federation No. 1n of January 10, 2006 on the Endorsement of the Regulation on the Servicing of State Savings Bonds

The Regulation on the servicing of state savings bonds shall regulate the procedure of placing, circulation and redemption of state savings bonds.

The holders of state savings bonds may be legal entities - residents of the Russian Federation: insurance organisations, non-state pension funds, joint-stock investment funds, the Pension Fund, other state extra-budgetary funds. The right to purchase the bonds is granted to management companies providing trust control of resources of accumulated pensions, as well as providing trust control for the resources of joint-stock investment funds. The Order introduces a prohibition for the circulation of these bonds at the secondary market. The pledging of bonds is not permitted.

The Order specifies the rights and duties of participants of the market of state savings bonds: issuers, investors, agents, depositaries and organisers of trade.

Investors enjoy the right to: get incomes in the form of interest accrued proceeding from the nominal cost of the bonds (interest income); get the nominal cost of the bonds at their redemption; present the bonds for redemption and exchange according to established procedure. Participation in operations at the market of state savings bonds is permitted for investors having concluded the contracts for servicing at the bonds market with an agent and the depositary contract with a depositary. The agents are credit organisations designated by the Ministry of Finance, and the depositaries are organisations authorised by the Ministry of Finance to store global certificates of issues and service emission custody accounts. The Order defines the list of the documents to be presented by the investor to conclude with an agent a contract for servicing at the bonds market. The agents shall assume the duty to carry out a selective check of investors from time to time for the right to hold the bonds.

The placing of the bonds shall be arranged at auction or through a closed subscription. The Ministry of Finance may arrange auctions to place the bonds at variable prices or auctions to place the bonds at the uniform price. Redemption of the bonds shall be carried out at their nominal cost within the time limits specified in the decision on issue.

It is envisaged that information on the paid out interest income on the bonds and the report of the result of their redemption must be placed in the Internet on official sites of the Ministry of Finance and the agent.

Registered in the Ministry of Justice of the Russian Federation on February 8, 2006. Reg. No. 7476.

Order of the Ministry of Finance of the Russian Federation No. 168n of December 30, 2005 on the Endorsement of the Forms of the Tax Declaration for Excise Duty Taxes for Excisable Commodities Other Than Oil Products and Tobacco Items, Tax Declaration for Excise Duty Taxes for Oil Products and Their Filling Procedures and on Amendments to the Order of the Ministry of Finance of the Russian Federation No. 32n of March 3, 2005 on the Endorsement of the Forms of Tax Declarations for Excise Duty Taxes and Their Filling Procedures

The Ministry of Finance of Russia endorsed new forms of tax declarations for excise duty taxes for excisable commodities other than oil products and tobacco items and for excise duty taxes for oil products, as well as their filling procedures.

The tax declaration for excise duty taxes for excisable commodities shall be filled out by taxpayers carrying operations: with ethyl alcohol from all kinds of raw materials (other than cognac alcohol), with alcohol-containing products with ethyl alcohol content greater than 9% by volume, with alcoholic products; with beer; with cars and bikes with the engine power rating greater than 112.5 kW.

The declaration shall be submitted by the taxpayer to the tax bodies at the place of location (residence), as well as at the place of location of each of the separate divisions, pertaining to his operations recognised as object of taxation no later than the 25th of the month following the expired tax period.

The new declaration for excise duty taxes for oil products, according to its filling procedure, shall be applied by taxpayers carrying out operations with oil products in compliance with Paragraphs 2-4 of Item 1 of Article 182 of the Tax Code of the Russian Federation (putting to stock without the certificate on the territory of the Russian Federation of oil products produced independently from own raw materials, obtaining oil products in property as a payment for the services of production of oil products from customer-supplied raw materials; obtaining oil products on the territory of the Russian Federation in the presence of a certificate; handing over on the territory of the Russian Federation by an organisation or independent entrepreneur of oil products made of customer-supplied raw materials to the owner of these raw materials that does not have a certificate).

The declaration shall be submitted to the tax bodies by taxpayers at the place of their location (residence), as well as at the place of location of each of their separate divisions proceeding from the share of sale falling on these separate divisions. The time limits of submission of the declaration depend on the type of the certificate for operations with oil products.

Since the new forms of tax declarations are endorsed, the Order invalidates from January 1, 2006 provisions of the Order of the Ministry of Finance of the Russian Federation No. 32n of March 3, 2005 on the endorsement of the forms of tax declarations for excise duty taxes and their filling procedures pertaining to endorsement and procedure of filling of the forms of tax declarations for excise duty taxes for excisable commodities other than oil products, tobacco items and alcoholic products sold from excise duty warehouses of wholesale organisations and for excise duty taxes for oil products.

Besides, the amendments increase the tax rate for the types of alcoholic products sold from excise duty warehouses of wholesale trade. For products with ethyl alcohol content greater than 25%, the rate is increased from Rbl 146 to Rbl 159 per litre of anhydrous ethyl alcohol in the excisable commodity; for the content of alcohol of 9%-25% by volume - from Rbl 108 to Rbl 118; for wines - from Rbl 95 to Rbl 112 per litre.

According to the amendments, in the calculation of the amount of the excise duty tax for tobacco items, it is necessary to take into account that the tax rate for cigarettes without filter makes 25% rather than 20% as was specified earlier. The tax rate for individual types of tobacco items (twisted tobacco, smoking tobacco, cigars, cigarillos, cigarettes with and without filter) is also increased.

The mentioned amendments pertaining to tax rates for some types of excisable commodities, as well as the endorsed forms of tax declarations, shall apply beginning with the tax reports for January 2006.

Registered in the Ministry of Justice of the Russian Federation on February 7, 2006. Reg. No. 7464.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 796 of December 19, 2005 on the Endorsement of the List of Medical Contraindications for Works Directly Associated with the Motion of Trains and Manoeuvring

Specifies the list of medical contraindications for works directly associated with the motion of trains and manoeuvring. The list shall apply in cases of obligatory medical examinations of the workers of the railway transport according to the list endorsed by the Decision of the Government of the Russian Federation No. 1020 of September 8, 1999.

Registered in the Ministry of Justice of the Russian Federation on February 3, 2006. Reg. No. 7442.

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