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 17.02.2006
Federal Law No. 24-FZ of February 15, 2006 on the Amendments to the Federal Law on the General Principles of Organisation of Local Government in the Russian Federation
Refines provisions on the status of elected officials of local government. The amendments prohibit elected officials of local government to simultaneously execute the authority of the deputy of the representative body of a municipal formation. This restriction does not apply to officials elected in municipal elections assigned before February 1, 2006. Revokes the prohibition for the deputies of the representative body of a municipal formation to occupy of the position of the head of municipal bodies, municipal institutions and enterprises introduced by the Federal Law No. 199-FZ of December 31, 2005.
To fill the gap in the legal regulation of the procedure of adoption of decisions by representative bodies of municipal formations specifies that decisions of the representative body of a municipal formation introducing the rules obligatory for execution on the territory of the municipal formation shall be adopted by the majority of votes of the specified number of deputies of the representative body of the municipal formation, if otherwise is not specified in the Federal Law on the general principles of organisation of local government in the Russian Federation.
Also refines the norms on the entry into force of the Federal Law on the general principles of organisation of local government in the Russian Federation and on the particulars of implementation of local government in the transient period.
The Federal Law is entered into force from the day of its official publication.
To fill the gap in the legal regulation of the procedure of adoption of decisions by representative bodies of municipal formations specifies that decisions of the representative body of a municipal formation introducing the rules obligatory for execution on the territory of the municipal formation shall be adopted by the majority of votes of the specified number of deputies of the representative body of the municipal formation, if otherwise is not specified in the Federal Law on the general principles of organisation of local government in the Russian Federation.
Also refines the norms on the entry into force of the Federal Law on the general principles of organisation of local government in the Russian Federation and on the particulars of implementation of local government in the transient period.
The Federal Law is entered into force from the day of its official publication.
Decree of the President of the Russian Federation No. 116 of February 15, 2006 on the Measures to Combat Terrorism
Creates the body providing coordination of activities of the federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation and the bodies of local government to combat terrorism, as well as to prepare appropriate proposals to the President of the Russian Federation - National Anti-Terrorist Committee.
Endorses the Regulation defining the tasks, authority and procedure of organisation of activities of the Committee. According to the endorsed composition of the Committee, its Chairman is the Director of the Federal Security Service of Russia.
To coordinate activities of the territorial bodies of federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation and the bodies of local government, anti-terrorist commissions are formed in the subjects of the Russian Federation.
To organise the planning of use of forces and resources in the combating of terrorism, as well as to control anti-terrorism operations, the following are formed in the framework of the Committee: Operative Federal Headquarters, in the subjects of the Russian Federation: operative headquarters. Decisions of the Operative Federal Headquarters and operative headquarters of the subjects of the Russian Federation are of obligatory power.
Commission on Coordination of Activities of the Federal Bodies of Executive Power in the Southern Federal District is reorganised into the Commission on Improvement of the Social and Economic Situation in the Southern Federal District.
On the territory of the North-Caucasian region, organisation of the planning of use of forces and resources to reveal terrorist organisations and stop their activities is vested in the Operative Headquarters for Control of Anti-Terrorist Operations on the Territory of the North-Caucasian Region of the Russian Federation and the Regional Operative Headquarters.
The Decree increased the staff personnel of the central offices of the Federal Security Service of the Russian Federation and the Federal Guard Service of the Russian Federation.
The Decree is entered into force from the day of entry into force of the Federal Law on the combating of terrorism.
Endorses the Regulation defining the tasks, authority and procedure of organisation of activities of the Committee. According to the endorsed composition of the Committee, its Chairman is the Director of the Federal Security Service of Russia.
To coordinate activities of the territorial bodies of federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation and the bodies of local government, anti-terrorist commissions are formed in the subjects of the Russian Federation.
To organise the planning of use of forces and resources in the combating of terrorism, as well as to control anti-terrorism operations, the following are formed in the framework of the Committee: Operative Federal Headquarters, in the subjects of the Russian Federation: operative headquarters. Decisions of the Operative Federal Headquarters and operative headquarters of the subjects of the Russian Federation are of obligatory power.
Commission on Coordination of Activities of the Federal Bodies of Executive Power in the Southern Federal District is reorganised into the Commission on Improvement of the Social and Economic Situation in the Southern Federal District.
On the territory of the North-Caucasian region, organisation of the planning of use of forces and resources to reveal terrorist organisations and stop their activities is vested in the Operative Headquarters for Control of Anti-Terrorist Operations on the Territory of the North-Caucasian Region of the Russian Federation and the Regional Operative Headquarters.
The Decree increased the staff personnel of the central offices of the Federal Security Service of the Russian Federation and the Federal Guard Service of the Russian Federation.
The Decree is entered into force from the day of entry into force of the Federal Law on the combating of terrorism.
Decree of the President of the Russian Federation No. 90 of February 11, 2006 on the List of Information Qualified As the State Secret
Endorses a new wording of the list of information qualified as the state secret. The list contains information in the sphere of the military, foreign policy, economic, intelligence, counterintelligence and operative investigation activities of the state which, if disseminated, may incur damage on the security of the Russian Federation, as well as the names of the federal bodies of executive power and other organisations empowered with authority to dispose of such information.
The Decree is entered into force from the day of signing.
The Decree is entered into force from the day of signing.
Decision of the Government of the Russian Federation No. 88 of February 14, 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 Investment Credits Obtained by Agricultural Producers and Organisations of the Agroindustrial Complex of All Proprietary Forms, As Well As by Peasant (Farmers') Enterprises, in Russian Credit Organisations in 2004-2006 for up to 5 Years, Including the Purchase of All Kinds of Home-Made Agricultural Equipment and Breeding Animals, Perennial Plants and Vineyards, Construction and Reconstruction of Animal Breeding Complexes and Enterprises Processing Flax and Flax Fibre
Endorses the rules of granting subsidies to the budgets of the subjects of the Russian Federation to reimburse part of expenses to pay the interest under investment credits obtained by agricultural producers and organisations of the agroindustrial complex, as well as peasant enterprises, in Russian credit organisations in 2004-2006 for up to 5 years.
To redeem the interest under investment credits, such subsidies are granted from the budget of the subject of the Russian Federation to organisations of the agroindustrial complex 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 of the Central Bank of the Russian Federation as of the date of granting the credit. For peasant enterprises and agricultural consumer cooperatives, the amount of granted subsidies is defined in the amount of 95% of the rate of refinancing of the Central Bank of the Russian Federation as of the date of granting of the credit. Meanwhile, the total amount of the credit obtained by one agricultural consumer cooperative for appropriate goals may not be greater than Rbl 10,000.
The Decision defines the list of documents necessary to get the subsidy, as well as to transfer it to the borrower settlement account. Besides, the Decision contains the forms of documents drawn up when calculating the amount of the subsidy to reimburse part of expenses to pay the interest under the investment credit, as well as to control the use of the budget resources allocated for these goals.
To redeem the interest under investment credits, such subsidies are granted from the budget of the subject of the Russian Federation to organisations of the agroindustrial complex 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 of the Central Bank of the Russian Federation as of the date of granting the credit. For peasant enterprises and agricultural consumer cooperatives, the amount of granted subsidies is defined in the amount of 95% of the rate of refinancing of the Central Bank of the Russian Federation as of the date of granting of the credit. Meanwhile, the total amount of the credit obtained by one agricultural consumer cooperative for appropriate goals may not be greater than Rbl 10,000.
The Decision defines the list of documents necessary to get the subsidy, as well as to transfer it to the borrower settlement account. Besides, the Decision contains the forms of documents drawn up when calculating the amount of the subsidy to reimburse part of expenses to pay the interest under the investment credit, as well as to control the use of the budget resources allocated for these goals.
Decision of the Government of the Russian Federation No. 87 of February 14, 2006 on the Endorsement of the Rules of Determination of the Normative Price for the State and Municipal Property Due for Privatisation
According to the endorsed rules, the normative price of the state or municipal property due for privatisation is implied to be the minimum price permitting to alienate this property.
The normative price of the property complex of the unitary enterprise is fixed as equal to the balance cost of the assets of this enterprise due for privatisation. In this case, the balance cost is determined as a sum of the cost of net assets calculated from the interim balance sheet less the balance cost of objects of the complex not included in the privatisation.
The normative price of the stocks, share of the Russian Federation, subject of the Russian Federation or municipal formation in the registered capital of the limited-liability company available in the state or municipal property, except for the normative price of stocks (shares) of companies engaged in bank activities, is determined on the basis of information of the summary accounting reports of the company as a weighted mean of the values defined in the rules (including the control factor) multiplied by the special right factor ("golden share"). In this case, the cost of exchange quotations is not taken into account.
The Decision specifies the particulars of determination of the normative price of stocks (shares) of companies engaged in bank activities and stocks (shares) in cases when the balance cost of fixed assets of the company as of the most recent reporting date is not greater than the value specified in the appropriate decision of the authorised body.
The normative price of other state or municipal property due for privatisation is fixed as equal to the market cost of such property determined by an independent assessor.
The earlier available rules of determination of the normative price endorsed by the Decision of the Government of the Russian Federation No. 369 of May 31, 2002 are invalidated.
The normative price of the property complex of the unitary enterprise is fixed as equal to the balance cost of the assets of this enterprise due for privatisation. In this case, the balance cost is determined as a sum of the cost of net assets calculated from the interim balance sheet less the balance cost of objects of the complex not included in the privatisation.
The normative price of the stocks, share of the Russian Federation, subject of the Russian Federation or municipal formation in the registered capital of the limited-liability company available in the state or municipal property, except for the normative price of stocks (shares) of companies engaged in bank activities, is determined on the basis of information of the summary accounting reports of the company as a weighted mean of the values defined in the rules (including the control factor) multiplied by the special right factor ("golden share"). In this case, the cost of exchange quotations is not taken into account.
The Decision specifies the particulars of determination of the normative price of stocks (shares) of companies engaged in bank activities and stocks (shares) in cases when the balance cost of fixed assets of the company as of the most recent reporting date is not greater than the value specified in the appropriate decision of the authorised body.
The normative price of other state or municipal property due for privatisation is fixed as equal to the market cost of such property determined by an independent assessor.
The earlier available rules of determination of the normative price endorsed by the Decision of the Government of the Russian Federation No. 369 of May 31, 2002 are invalidated.
Decision of the Government of the Russian Federation No. 85 of February 13, 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 Investment Credits Obtained in 2003-2006 by Agricultural Producers, Organisations of the Agroindustrial Complex of All Proprietary Forms and Peasant (Framers') Enterprises in Russian Credit Organisations for up to 3 Years
Specifies the procedure and terms of granting subsidies in 2006 by the Ministry of Agriculture of the Russian Federation from the federal budget to the budgets of the subjects of the Russian Federation to reimburse part of expenses to pay the interest under investment credits obtained in 2003- 2006 by agricultural producers, organisations of the agroindustrial complex and peasant (framers') enterprises for up to 3 years.
The subsidies shall be provided on the monthly basis on condition of timely payment of accrued interest and redemption of the credit, as well as absence with the borrower of overdue debts in taxes and other obligatory payments.
Agricultural producers and organisations of the agroindustrial complex shall get the subsidy in the amount of two thirds of suffered expenses to pay the interest, however, not greater than two thirds of the rate of refinancing. Peasant (farmers') enterprises and agricultural consumer cooperatives shall get the subsidy in the amount of 95% of the rate of refinancing.
If the interest rate for the credit is lower than the rate of refinancing, the subsidy is granted to peasant (farmers') enterprises and agricultural consumer cooperatives in the amount of 95% of actual expenses to pay the interest.
The subsidies shall be provided on the monthly basis on condition of timely payment of accrued interest and redemption of the credit, as well as absence with the borrower of overdue debts in taxes and other obligatory payments.
Agricultural producers and organisations of the agroindustrial complex shall get the subsidy in the amount of two thirds of suffered expenses to pay the interest, however, not greater than two thirds of the rate of refinancing. Peasant (farmers') enterprises and agricultural consumer cooperatives shall get the subsidy in the amount of 95% of the rate of refinancing.
If the interest rate for the credit is lower than the rate of refinancing, the subsidy is granted to peasant (farmers') enterprises and agricultural consumer cooperatives in the amount of 95% of actual expenses to pay the interest.
Decision of the Government of the Russian Federation No. 83 of February 13, 2006 on the Endorsement of the Rules of Determination and Providing Technical Specifications of Connection of Object of Capital Construction to Engineering Support Networks and the Rules of Connection of Object of Capital Contraction to Engineering Support Networks
Introduces a new procedure of connection of object of capital construction to engineering support networks (objects directly used for electric and thermal power supplies, gas supplies, water supplies and water disposal).
When connecting constructed (reconstructed) objects of capital construction directly to equipment producing appropriate resources (electric and thermal power, gas, water) or to equipment of purification of waste water, the owner of such equipment shall implement the rights and duties of the organisation operating engineering support networks where it pertains to connection of objects of capital construction.
The Decision specifies the list of documents that must be sent to the executor to make the connection to engineering support networks. If all necessary documents are presented, the executor shall send to the client within 30 days from the day of receiving a written contract of connection and the terms of connection. When the client fulfils the terms of connection of the object of capital construction to engineering support networks, the executor issues the permission for the client to connect the mentioned object to engineering support networks. After the connection is made, the executor and the client shall sign an act of connection.
The Decision defines the particulars of connection to networks of heat supply, water supply, water disposal and purification of waste water.
Besides, the endorsed rules of determination and providing technical specifications of connection of object of capital construction to engineering support networks shall regulate relations between the organisation operating engineering support networks, bodies of local government and the holders of rights for the land plots emerging in the course of determination and providing technical specifications of connection of constructed, reconstructed or built but not connected objects of capital construction to engineering support networks. The Decision defines the procedure for sending requests, procedure of determination and providing technical specifications, as well as criteria of determination of opportunities of connection.
The Decision invalidates Section III "Connection of Objects to Communal Water Supply Systems and Sewage" of the rules of use of systems of communal water supplies and sewage in the Russian Federation endorsed by the Decision of the Government of the Russian Federation No. 167 of February 12, 1999.
When connecting constructed (reconstructed) objects of capital construction directly to equipment producing appropriate resources (electric and thermal power, gas, water) or to equipment of purification of waste water, the owner of such equipment shall implement the rights and duties of the organisation operating engineering support networks where it pertains to connection of objects of capital construction.
The Decision specifies the list of documents that must be sent to the executor to make the connection to engineering support networks. If all necessary documents are presented, the executor shall send to the client within 30 days from the day of receiving a written contract of connection and the terms of connection. When the client fulfils the terms of connection of the object of capital construction to engineering support networks, the executor issues the permission for the client to connect the mentioned object to engineering support networks. After the connection is made, the executor and the client shall sign an act of connection.
The Decision defines the particulars of connection to networks of heat supply, water supply, water disposal and purification of waste water.
Besides, the endorsed rules of determination and providing technical specifications of connection of object of capital construction to engineering support networks shall regulate relations between the organisation operating engineering support networks, bodies of local government and the holders of rights for the land plots emerging in the course of determination and providing technical specifications of connection of constructed, reconstructed or built but not connected objects of capital construction to engineering support networks. The Decision defines the procedure for sending requests, procedure of determination and providing technical specifications, as well as criteria of determination of opportunities of connection.
The Decision invalidates Section III "Connection of Objects to Communal Water Supply Systems and Sewage" of the rules of use of systems of communal water supplies and sewage in the Russian Federation endorsed by the Decision of the Government of the Russian Federation No. 167 of February 12, 1999.
Letter of the Federal Tax Service No. MM-6-03/157@ of February 14, 2006 on the Procedure of Application from January 1, 2006 of Items 1 and 2 of Article 3 of the Federal Law No. 119-FZ of July 22, 2005
The Federal Tax Service of Russia explains the procedure of determination of the moment of acceptance for exemption of VAT amounts in a situation when a finished object of capital construction was accepted for registration in November 2005, and the payments with contactor were made in full amount, and was put in operation in December 2005. Amortisation is accrued for the given object from January 1, 2006.
In this case, it is correct to present for exemption VAT amounts put forward by the contractor to the taxpayer in 2005 and paid by him in December 2005 from the moment when amortisation starts to accrue, i.e. in January 2006.
In this case, it is correct to present for exemption VAT amounts put forward by the contractor to the taxpayer in 2005 and paid by him in December 2005 from the moment when amortisation starts to accrue, i.e. in January 2006.
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