Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 4.07.2006

Decision of the Government of the Russian Federation No. 404 of June 30, 2006 on the Endorsement of the List of Documents Necessary for the State Registration of the Proprietary Right of the Russian Federation, Subject of the Russian Federation or Municipal Formation for the Land Plot in Case of Delimitation of the State Property for Land

The state registration of the proprietary right of the Russian Federation, subject of the Russian Federation or municipal formation for the land plot in case of delimitation of the state property for land requires submission of application indicating the normative act serving as grounds for the registration of the proprietary right for the land plot, as well as the documents of title for the objects of immovable property and the cadastral plan for the land plot confirming the location of the object of immovable property on the given land plot or the documents of title for the land plot (depending on the grounds for the registration of the proprietary right). Other documents may also be presented in cases specified in the federal legislation.

Decisions of the Government of the Russian Federation No. 140 of March 4, 2002, No. 576 of August 7, 2002 and No. 705 of November 21, 2003 having regulated the procedure of preparation and coordination of the list of land plots implying the proprietary right of the Russian Federation, subjects of the Russian Federation and municipal formations, as well as the procedure of disposal of the land plots available in the state property before the delimitation of the state property for land, are invalidated.

Direction of the Central Bank of Russia No. 1691-U of June 5, 2006 on the Amendments to the Regulation of the Bank of Russia No. 227-P of May 14, 2003 on the Procedure of Keeping Records and Submission of Information on Affiliated Persons of Credit Organisations

Specifies the criteria of inclusion in affiliated persons of natural persons executing labour duties in a legal entity and simultaneously forming part of executive bodies of another legal entity. This condition applies if the natural person, because of execution of labour duties in the legal entity, may exert a significant influence on the decisions taken by the management bodies of the given legal entity.

The list of affiliated persons shall be maintained by the credit organisation and submitted to the territorial institution of the Bank of Russia in charge of enforcement of activities of the given credit organisation drawn up to the Reporting Form 0409051 "List of Affiliated Persons" and to Form 0409052 "List of Affiliated Persons Associated with the Group of Persons Where the Credit Organisation Belongs".

The Direction invalidates Chapters 3 and 4 on the procedure of submission of information on affiliated persons by credit organisations and territorial institutions of the Bank of Russia, as well as Appendices 1 and 2 on the forms of reports on affiliated persons.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on June 28, 2006. Reg. No. 7994.

Direction of the Central Bank of Russia No. 1692-U of June 6, 2006 on the Amendments to the Direction of the Bank of Russia No. 1292-U of June 19, 2003 on the Procedure of Submission of Documents to the Bank of Russia by a Non-Bank Credit Organisation for the Bank of Russia to Take the Decision to Grant the Status of a Bank to the Non-Bank Credit Organisation

The amendments are stipulated by the reorganisation, in compliance with the Decree of the President of the Russian Federation No. 314 of March 9, 2004, of the Ministry of Taxation of Russia into the Federal Tax Service of Russia, as well as the addition, in compliance with the Federal Law No. 127-FZ of November 2, 2004, to the Tax Code of the Russian Federation of Chapter 25.3 "State Duty" having entered into force from January 1, 2005.

Besides, the amendments pertain to the statement of opportunities of granting the status of a bank to the credit organisations prepared by the territorial institution of the Bank of Russia and the license expanding its activities if the license for bank operations of the credit organisation did not envisage the right to provide cash services to legal entities. The statement contains information of compliance of the rooms of the credit organisation for operations with values with requirements of the Bank of Russia, or of submission of documents envisaged in the normative acts of the Bank of Russia for the cases of insurance of cash for the amount of at least the minimum permissible residue of cash in the cash department and of their compliance with the specified requirements.

The Direction is entered into force 10 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on June 28, 2006. Reg. No. 7993.

Order of the Federal Service for Financial Markets No. 06-48/pz-n of May 16, 2006 on the Endorsement of the Forms of Reports of Management Companies of Non-State Pension Funds of Investing of Resources of Accumulated Pensions, As Well As of Incomes from Investing

Endorses the forms of reports of the management companies of non-state pension funds of investing of resources of accumulated pensions and of incomes from investing of resources of accumulated pensions.

Explanations to the reports, as well as significant facts having affected the results of investing of resources of accumulated pensions generated in non-state pension funds and other significant information for analysis of reports, shall be provided in the explanatory note attached to the mentioned reports.

The given reports, in pursuance of the Decision of the Government of the Russian Federation No. 669 of November 4, 2003, is submitted to the Federal Service for Financial Markets of Russia.

Registered in the Ministry of Justice of the Russian Federation on June 28, 2006. Reg. No. 7987.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 390 of May 26, 2006 on the Endorsement of the Rules of Financing in 2006 of Preventive Measures to Reduce Industrial Injury Rates and Occupational Diseases of Employees and Sanatorium and Resort Treatment of Employees Engaged in Works Featuring Adverse and/or Hazardous Industrial Factors

Defines the procedure and terms of financing in 2006 of preventive measures to reduce industrial injury rates and occupational diseases of employees and sanatorium and resort treatment of employees engaged in works featuring adverse and/or hazardous industrial factors.

The financing at the expense of amounts of insurance contributions applies to expenses of:

" purchase for employees engaged in works with adverse and/or hazardous working conditions, as well as the works fulfilled in special temperature conditions, of certified means of personal protection according to specified norms;
" certification of operator positions carried out by an accredited organisation for the working conditions and certification of works for labour safety;
" works planned as a result of certification of operator positions for the working conditions to bring the air dust and gas levels at the operator positions in compliance with the normative requirements;
" sanatorium and resort treatment for employees engaged in works with adverse and/or hazardous industrial factors.

The financing shall be arranged by the insurant in accordance with amounts of insurance contributions due for transfer to the Social Insurance Fund of the Russian Federation in 2006 (from January 1 to December 31, 2006).

To get the financing, the insurant must submit an application to the executive body of the Social Insurance Fund of the Russian Federation at the place of his registration before August 1, 2006. The list of the documents attached to the application is specified.

Decision on the financing, amount of the given financing or refusal to finance shall be taken by the executive body of the Fund within 20 days.

The Order specifies the reasons of refusal to finance and the procedure of submission of the appropriate reports of the insurant. Provides the form of the insurant plan to finance preventive measures in 2006.

Registered in the Ministry of Justice of the Russian Federation on June 28, 2006. Reg. No. 7981.

Order of the Federal Tax Service No. SAE-3-06/334@ of June 6, 2006 on the Amendments to the Instruction No. 60 of April 10, 2000 on the Procedure to Draw up the Act of the On-Site Tax Check and Proceedings in Cases of Violation of the Legislation on Taxes and Fees Endorsed by the Order of the Ministry of Taxation of Russia No. AP-3-16/138 of April 10, 2000

Provides a new working for the form of the decision calling to account the taxpayer, payer of fees or tax agent for the tax violation (Appendix 4 to the Instruction No. 60 of April 10, 2000 on the procedure of drawing up of the act of the on-site tax check and proceedings in cases of violation of the legislation on taxes and fees endorsed by the Order of the Ministry of Taxation of Russia No. AP-3-16/138 of April 10, 2000).

Registered in the Ministry of Justice of the Russian Federation on June 28, 2006. Reg. No. 7976.

Order of the Ministry of Justice of the Russian Federation No. 213 of June 15, 2006 on the Endorsement of the Instruction on the Procedure of the State Registration of the Mortgage for Objects of Immovable Property

The endorsed Instruction on the procedure of state registration of the mortgage for objects of immovable property is aimed at promotion of the uniform practice of the state registration of the mortgage emerging from contract or law. The Instruction applies to the mortgage for land plots (other than those used for creation of objects of immovable property, including the dwelling and non-dwelling space, being the subject of contracts of participation in shared construction), enterprises as property complexes, buildings, structures, dwelling space, objects of unfinished construction.

The Instruction provides the list of documents submitted for the state registration of the mortgage emerging from contract, specifies the procedure of registration of the mortgage, amending the registration record of the mortgage, entry in the Joint State Register of Rights of the records of transfer of proprietary rights, restoration or replacement of the perished or damaged property being the object of the mortgage. Also provides the particulars of the state registration of the mortgage emerging by virtue of the law, procedure of the state registration in cases of rights cession under the mortgage contract, registration of subsequent mortgage, procedure of cancelling of the registration record of the mortgage, rules of handing out (revocation) of the mortgage deed and registration of its holders.

Registered in the Ministry of Justice of the Russian Federation on June 28, 2006. Reg. No. 7974.

Order of the Ministry of Economic Development of the Russian Federation and the Ministry of Finance of the Russian Federation No. 139/82n of May 23, 2006 on the Endorsement of the Method of Calculation of the Figures and Use of Criteria of Efficiency of Investment Projects Claiming the State Support at the Expense of Resources of the Investment Fund of the Russian Federation

The endorsed method specifies the criteria of assessment of efficiency of investment projects claiming state support at the expense of resources of the Investment Fund of the Russian Federation. The main quality criteria of selection of investment projects are participation in the project of a commercial organisation having proved availability of resources in the amount of at least 25% of the estimated cost of the investment project (or the right of disposal of the mentioned resources during implementation of the investment project), project compliance with the priorities of the socio-economic development of the Russian Federation, presence of positive social effects pertaining to the implementation of the investment project, impossibility of project implementation without the state support, estimated cost of the investment project greater than Rbl 5 billion, presence of a positive statement of the investment advisor on the project.

Besides quality criteria, quantity criteria shall also be used in selection of investment projects - return on investments during project implementation, project financial, budget and economic efficiency. The method provides common requirements to the calculation of the quantity criteria.

The method is used to prepare decisions granting state support for the implementation of investment projects at the expense of the resources of the Investment Fund, as well as may be used for preparation of the technical specifications (business plans) of the mentioned projects and in expert evaluation of investment projects.

Registered in the Ministry of Justice of the Russian Federation on June 21, 2006. Reg. No. 7959.

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