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Monitoring of the Federal Legislation dated 21.02.2006

Federal Law No. 27-FZ of February 18, 2006 on the Amendments to Articles 7 and 9 of the Federal Law on the Budget of the Federal Fund of Obligatory Medical Insurance for the Year 2006

Monetary payments to district physicians, district paediatricians, general practitioners (family doctors) their nurses in the framework of the state order under the program of state guarantees of free medical aid to citizens of the Russian Federation in 2006 shall apply using coefficients for the work in mountainous, desert, waterless and other regions featuring heavy climatic conditions.

The total volume of resources allocated for the monetary payments to the above medical workers includes resources for the mentioned payments and coefficients, as well as resources to pay out the uniform social tax, insurance contributions for obligatory pension insurance and insurance contributions for obligatory social insurance against industrial accidents and occupational diseases.

When calculating mark-ups and supplements specified in appropriate laws and other normative legal acts, the mentioned monetary payments are not included, i.e. all other mark-ups, supplements etc. do not apply to the mentioned monetary payments.

The Law defines the source of financing of appropriate additional expenses.

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

Federal Law No. 26-FZ of February 18, 2006 on the Amendments to the Customs Code of the Russian Federation and the Federal Law on the Special Protective, Antidumping and Compensation Measures for the Import of Commodities

Brings in compliance provisions of the Customs Code of the Russian Federation and the Federal Law on the special protective, antidumping and compensation measures for the import of commodities pertaining to the procedure of payment and return of the preliminary special, antidumping and compensation duties. Removes terminology inconsistency at the legislative level of the procedure of collection and return of the above preliminary duties. According to the amendments, the payment and return of the preliminary special, antidumping and compensation duties are made on the basis of the norms specified in the Customs Code of the Russian Federation.

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

Federal Law No. 25-FZ of February 18, 2006 on the Adoption by the Russian Federation of the Charter of the UN Food and Agricultural Organisation

The Russian Federation adopts the Charter of the United Nations Food and Agricultural Organisation (FAO) of October 16, 1945.

FAO sphere of activities is collection, analysis, interpretation and dissemination of information pertaining to foodstuffs and agriculture (including fishing, sea products, forestry and initial forestry products), as well as assistance to international trade of the products of these industries, food safety, social development of rural territories, environmental protection, technical and humanitarian aid to member countries of the given organisation.

Accession to FAO permits Russia to enjoy a number of economic advantages arising from the legal status and activities of the given international organisation: improving foreign trade relations, ensuring national interests in the sphere of international trade of agricultural, forestry and fishing products.

Order of the Federal Service of Technical and Export Control No. 36 of January 31, 2006 on the Endorsement of the Instruction on the Organisation and Carrying out of Checks of Financial and Economic Activities of Entities Engaged in Foreign Trade Operations with Commodities, Information, Works, Services, Results of Intellectual Activities Subject to Export Control

The endorsed Instruction shall regulate the procedure of organisation and carrying out of checks of financial and economic activities of Russian legal entities and natural persons engaged in foreign trade operation with commodities, information, works, services, results of intellectual activities subject to export control, as well as define the rights and duties of officials of the Federal Service of Technical and Export Control, its territorial bodies (departments of the Federal Service of Technical and Export Control in the federal districts).

The Federal Service of Technical and Export Control of Russia and its territorial bodies shall arrange on-site and cameral checks. The checks may be scheduled and extraordinary ones depending on whether or not the foreign trade participant is included in the plan.

An extraordinary on-site check is arranged by a group of inspectors at the place of location and/or carrying out activities of the foreign traded participant and is assigned to check execution of orders to eliminate earlier revealed violations.

A cameral check, both a scheduled and an extraordinary one, is arranged by inspectors at the place of location of the Federal Service of Technical and Export Control of Russia (its territorial body) by means of investigation of documents and information available, as well as presented to appropriate requests by other state bodies and foreign trade participants being checked. The cameral check may be assigned if there is information of possible violations of the legislation in the sphere of export control by foreign trade participants, their separate divisions.

Decision to arrange a check is drawn up as an order of the Federal Service of Technical and Export Control of Russia or its territorial body.

The checks may be arranged in separate divisions of a legal entity - foreign trade participant - regardless of the checking of the legal entity itself.

The check is carried out with a preliminary written notification of the foreign trade participant no later than 10 working days an advance of the date of the beginning of the check. The written notification may have attached the list of documents to be presented to inspectors by the time indicated in the notification.

The on-site and cameral checks shall be carried out for the period of activities of the foreign trade participant not greater than three years preceding the year of the check (checked period).

An act of the check of financial and economic activities of the foreign trade participant is drawn up as a result of the check.

A number of restrictions are specified in the Instruction during the checks. In particular, it is prohibited to carry out the check measures in case of absence of officials or employees of the checked foreign trade participant or their representatives.

Registered in the Ministry of Justice of the Russian Federation on February 17, 2006. Reg. No. 7514.

Order of the Federal Service for Financial Markets No. 06-7/pz-n of January 12, 2006 on the Amendments to the Standards of Issue of Securities and Registration of Prospectuses of Securities Endorsed by the Order of the Federal Service for Financial Markets of Russia No. 05-4/pz-n of March 16, 2005

Introduces amendments to the standards of issue of securities and registration of prospectuses of securities of March 16, 2005 pursuant to the adoption of the Federal Law No. 194-FZ of December 27, 2005 on the amendments to the Federal Law on the securities market, the Federal Law on joint-stock companies and the Federal Law on the protection of rights and legal interests of investors at the securities market that introduced a notification procedure for the reports of the results of issue (additional issue) of emission securities in cases of their placing by a broker through an open subscription and their listing by the stock exchange.

The amendments introduce the right of the issuer to present to the body in charge of registration a notification of the results of issue (additional issue) of securities instead of the report of the results of issue (additional issue) of securities. A separate subsection of the standards is dedicated now to the particulars of submission of such notification.

The Order refines the requirements to the decisions on the placing of stocks, bonds converted into stocks and options. Specifies, in particular, that if the placing of securities through an open subscription implies opportunities of their purchase abroad the Russian Federation, the decision on the issue (additional issue) of securities must mention such opportunity.

The Order provides a new wording for the provision on the particulars of issue of the bonds of international financial organisations. A number of other significant changes are introduced.

Endorses the form of the notification of the results of issue (additional issue) of securities.

Registered in the Ministry of Justice of the Russian Federation on February 17, 2006. Reg. No. 7510.

Order of the Federal Service for Financial Markets No. 06-6/pz-n of January 12, 2006 on the Amendments to the Regulation on the Disclosing of Information by Issuers of Emission Securities Endorsed by the Order of the Federal Service for Financial Markets of Russia No. 05-5/pz-n of March 16, 2005

Two new sections are included in the text of the Regulation on the disclosing of information by issuers of emission securities: "2.7. Disclosing of Information at the Stage of Submission to the Body in Charge of Registration of the Notification of the Results of Issue (Additional Issue) of Securities" and "2.8. Particulars of Disclosing of Information at the Stages of Issue of Securities Placed through an Open Subscription Implying Opportunities of Their Purchase Abroad the Russian Federation".

Disclosing of information for securities issued without the state registration of the report of the results of issue (additional issue) of securities occurs at the stage of submission to the body in charge of registration of the notification of the results of issue (additional issue) of securities. Instead of the text of the registered prospectus of securities, the text of the notification of the results of issue (additional issue) of securities submitted to the body in charge of registration must be placed in the Internet.

In the case of placing of securities of a Russian issuer through an open subscription implying opportunities of their purchase abroad the Russian Federation, including the purchase of foreign securities, the issuer must disclose information sent (provided) to the appropriate body (organisation) regulating the market of foreign securities, foreign trade organiser at the securities market and/or other organisations according to the foreign legislation for disclosing it among unlimited number of persons.

Disclosing of information must be made by the Russian issuer by publishing the text of the document containing specified list of information in the Internet no later than the date of disclosing of such information in compliance with the foreign legislation among unlimited number of persons.

Registered in the Ministry of Justice of the Russian Federation on February 17, 2006. Reg. No. 7509.

Order of the Federal Bailiff Service No. 42-k of January 23, 2006 on the Measures to Improve Legal Support of Activities of the Federal Bailiff Service

From February 1, 2006, the state civil servants of the central office and territorial bodies of the Federal Bailiff Service occupying positions whose main service duties include legal expert evaluation of legal acts and draft legal acts, preparation and editing of draft legal acts and their endorsement as lawyers or executors with a higher legal education shall get monthly mark-ups in the amount of up to 70% of the salary for the occupied position.

The mark-up shall be paid out on the basis of the order of the Director of the Federal Bailiff Service of Russia or on the basis of the order of the head of the territorial body of the Federal Bailiff Service of Russia.

Registered in the Ministry of Justice of the Russian Federation on February 16, 2006. Reg. No. 7507.

Order of the Ministry of Justice of the Russian Federation No. 19 of February 6, 2006 on the Monthly Mark-ups for the Results of Extra-Budgetary Activities to the Heads of the State Forensic Institutions of the Ministry of Justice of the Russian Federation

From January 1, 2006, introduces monthly mark-ups for the results of extra-budgetary activities to the heads of state forensic institutions of the Ministry of Justice of Russia for expert investigations and forensic expert evaluations carried out on the contract basis in 2006 in the following amounts: to the head of the state institution of the Russian Federal Centre of Forensic Expert Evaluation - 4 salaries for the occupied position; to the heads of the state regional centres of forensic expert evaluation - 3 salaries for the occupied position; to the heads of the state forensic expert evaluation institutions - 2 salaries for the occupied position (however, not greater than 2.5% of the amount of incomes obtained from extra-budgetary activities).

Registered in the Ministry of Justice of the Russian Federation on February 16, 2006. Reg. No. 7505.

Order of the Ministry of Finance of the Russian Federation No. 7n of January 17, 2006 on the Endorsement of the Form of the Tax Declaration for the Tax Paid out While Using the Simplified System of Taxation and Its Filling Procedure

Endorses the form of the tax declaration for the tax paid out if using the simplified system of taxation, as well as the filling procedure of the given declaration.

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

From the day of entry into force, invalidates the Order of the Ministry of Finance of Russia No. 30n of March 3, 2005 on the endorsement of the form of the tax declaration for the uniform tax paid out when using the simplified system of taxation and its filling procedure.

Registered in the Ministry of Justice of the Russian Federation on February 16, 2006. Reg. No. 7502.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 5 of January 10, 2006 on the Procedure and Terms of Payment for the Medical Aid Services of State and Municipal Public Health Institutions Rendered to Women during Pregnancy and Delivery

Regulates the terms and procedure of making payments in 2006 by the Social Insurance Fund of the Russian Federation for the medical aid services of state and municipal public health institutions rendered to women during pregnancy and delivery at the expense of resources transferred to the Social Insurance Fund from the budget of the Federal Fund of Obligatory Medical Insurance.

The payments for the medical aid services to public health institutions are made by the regional divisions of the Social Insurance Fund on the basis of the birth certificate tokens (Order of the Ministry of Public Health and Social Development No. 701 of November 28, 2005 on the birth certificate), certificate slip, tokens 1 and 2.

In the absence of a policy of obligatory medical insurance with a woman, insurance certificate of state pension insurance or document confirming registration at the place of residence, medical aid services on the basis of tokens of birth certificates may be covered if the reason of absence of the documents is indicated in appropriate columns.

Prenatal clinics shall get payments for the services in the amount of Rbl 2,000 per woman, public health institutions - in the amount of Rbl 5,000 per woman.

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

Registered in the Ministry of Justice of the Russian Federation on February 15, 2006. Reg. No. 7498.

Order of the Federal Service for Financial Markets No. 05-95/pz-n of December 29, 2005 on the Endorsement of Additional Requirements to the Procedure of Disclosing of Information by Housing Savings Cooperatives

Introduces additional requirements to the procedure of disclosing of information by a housing savings cooperative with the number of members greater than 500 persons or the one placing advertisements.

Envisages the duty of such housing savings cooperative to disclose information: on the charter and internal documents regulating the activities of the bodies of the cooperative; on the forms of participation in the activities of the cooperative; on the procedure of determination of the cost of dwelling space purchased or built by the cooperative; on the annual report of the cooperative; on significant facts of activities of the cooperative. Defines the list of facts recognised to be significant. This is, in particular, convocation of the general meeting of the members of the cooperative, election of executive bodies of the cooperative; revealed losses greater than 5% of the shared fund of the cooperative.

To place information in an information network, the cooperative may use either its own site or another site in the information network. If the cooperative must publish information in a periodical, such publication must occur in the periodical defined in the charter of the cooperative. If otherwise is not specified, the publishing of the appropriate information must take place in a publication with a circulation available to the majority of the members of the cooperative. The cooperative must provide access to information due for disclosing to any interested party by placing copies of it at the place of location of the permanent executive body.

The form of the annual report of the savings housing cooperative is endorsed.

Registered in the Ministry of Justice of the Russian Federation on February 15, 2006. Reg. No. 7497.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-04-15/31 of February 10, 2006

The Ministry of Finance of Russia explains the procedure of application of Item 10 of Article 2 of the Federal Law No. 119-FZ of July 22, 2005 having changed the procedure of payment of the value added tax. According to the mentioned provision having entered into force from January 1, 2006, VAT payers defining before January 1, 2006 the moment of determination of the taxable base as the day of dispatching of commodities (works, services) shall make exemptions for the amounts of the tax not paid at the purchase of commodities (works , services), proprietary rights that were entered in records before January 1, 2006 in the first six months of 2006 in equal portions.

If the VAT amount for commodities (works, services), proprietary rights that were entered in records before January 1, 2006 paid by the mentioned taxpayers in the appropriate tax period of the first six months of 2006 is lower than the VAT amount due for exemption under Item 10 of Article 2 of the Federal Law No. 119-FZ, the exemption applies to the VAT amount not greater than the amount of the estimated VAT share due for exemption under the given item. If the VAT amount is greater than the tax amount due for exemption, the taxpayer may exempt the actually paid VAT amount. In this case, recalculation of shares of unpaid VAT amounts due for exemption in subsequent tax periods is not made.

VAT amounts put forward to taxpayers defining before January 1, 2006 the moment of determination of the taxable base as the day of dispatching and paid by them partially before January 1, 2006 shall be subject to exemption in the tax period where the last VAT amount is presented for exemption for the payables for these fixed assets and non-materials assets available as of December 31, 2005.

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