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 19.09.2006

Decision of the Government of the Russian Federation No. 564 of September 16, 2006 on the Endorsement of the Rate of the Export Customs Duty for Raw Oil and Raw Oil Products from Bituminous Materials Exported from the Territory of the Russian Federation Outside the Member-States of the Customs Union Agreements



The rate of the export customs duty for raw oil and raw oil products from bituminous materials (code according to the Foreign Trade Commodity Nomenclature of Russia 2709 00) exported from the territory of the Russian Federation outside the member-states of the Customs Union agreements is fixed in the amount of USD 237.6 per 1,000 kg. The earlier available rate introduced by the Decision of the Government of the Russian Federation No. 939 of December 9, 2000 amounted to USD 216.4 per 1,000 kg.

The Decision is entered into force from October 1, 2006.

Decision of the Government of the Russian Federation No. 565 of September 16, 2006 on the Endorsement of the Rates of Export Customs Duties for Commodities of Oil Exported from the Territory of the Russian Federation Outside the Member-States of the Customs Union Agreements



From October 1, 2006, increases the rates of export customs duties for commodities of oil exported from the territory of the Russian Federation outside the member-states of the Customs Union agreements.

The rate of the export customs duty for propane, butane, ethylene, propylene, butylene, butadiene and other liquefied gases, xylenes, light and medium distillates, gas oils, benzene, toluene will make USD 172.4 per 1,000 kg (instead of today’s USD 158.1).

The rate of the export customs duty for liquid fuels, lubricants, spent oil products, petrolatum, paraffin, gatch, mineral wax and similar products (other than the raw ones), as well as oil coke, oil bitumen and other residues of processing of oil and oil products from bituminous materials (except for the calcinated oil coke) will make USD 92.9 per 1,000 kg (instead of USD 85.2 at present).

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 531 of July 10, 2006 on the Endorsement of the Explanation on the Application of the Regulation on the Particulars of Calculation of the Average Earnings Endorsed by the Decision of the Government of the Russian Federation No. 213 of April 11, 2003 When Calculating Temporary Disability and Maternity Allowances for the Insured Having Worked for Less Than Three Months in the Recent 12 Months before the Temporary Disability, Maternity Leave



When calculating the temporary disability and maternity allowances in cases when the person has worked for less than 3 months before the temporary disability, maternity leave, it is necessary to proceed from the following.

The amount of the appropriate allowance per month is limited by the minimum amount of labour remuneration specified in the federal law, or the minimum amount of labour remuneration plus regional coefficients in the regions and localities where applicable. An exception is made for the temporary disability allowance in case of an industrial accident and occupational disease.

The average earnings defining the amount of the allowances is calculated proceeding from the actually accrued earnings and actually spent working time for the 12 months preceding the disability, maternity leave.

The estimate period does not include the periods of temporary disability or maternity leave, release from work with or without the labour remuneration in compliance with the legislation of the Russian Federation, compensatory leaves provided in compliance with the legislation of the Russian Federation.

Calendar months where the mentioned periods occur are replaced with the period directly preceding it equal to the number of excluded months.

Registered in the Ministry of Justice of the Russian Federation on September 14, 2006. Reg. No. 8237.

Order of the Federal Customs Service No. 800 of August 24, 2006 on the Places of Declaring of Individual Types of Commodities



Depending on the type of transportation, the places of declaring of exported raw oil and oil products classified under headings 2709 and 2710 of the Foreign Trade Commodity Nomenclature of Russia are defined to be: the Central Power-Supply Customs Station and the customs posts subordinate to it in the cases of export by pipelines; in cases of export by the sea transport (including the cases of reloading from river-going to sea-going vessels), the declaring shall be arranged in the customs bodies covering the region where the commodities are loaded on the sea vessel exiting the customs territory of the Russian Federation, as well as in the Central Power-Supply Customs Station and the customs posts subordinate to it (except for the export in the region covered by the Sakhalin Customs Station); in the cases of export by the river transport (in the cases of direct international transportation), the declaring shall be arranged in the customs bodies covering the region where the commodities are loaded on the river or mixed-type vessel (river- and sea-going) exiting the customs territory of the Russian Federation; in the cases of export by the sea transport in the region covered by the Sakhalin Customs Station, the place of declaring is the Southern Sakhalin Customs Post.

The Order invalidates Appendices 2 and 3 to the Order of the State Customs Committee of the Russian Federation No. 1013 of September 15, 2003 having defined the places of declaring of oil and oil products.

The Order is entered into force 90 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on September 14, 2006. Reg. No. 8252.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 111 of September 5, 2006 on the Privatisation of the Specialised Unitary Enterprises of the Housing and Communal Sphere Rendering Communal Services to the Population



According to the explanations of the Presidium of the Higher Arbitration Court of the Russian Federation, provisions of Item 1 and Item 2 of Article 30 of the Federal Law No. 178-FZ of December 21, 2001 on the privatisation of the state and municipal property impose a prohibition to privatise objects of the infrastructure of the housing fund and objects of power supplies intended for serving the population of the appropriate residential settlement if only the given objects form part of the property complex of the privatised non-specialised unitary enterprise. At the same time, the mentioned norms do not affect the issues of privatisation of the mentioned objects when they form the main part of the property complex of the enterprise while being the main production funds of the specialised unitary enterprise.

Thus, privatisation of the above objects forming part of the specialised unitary enterprise is not prohibited by the law.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 112 of September 5, 2006 on the Application of Part 1 of Article 188, Part 2 of Article 257, Part 2 of Article 275 of the Code of Arbitration Procedures of the Russian Federation for the Cases of Challenging the Rulings Separately from the Judicial Act Terminating the Case



The Presidium of the Higher Arbitration Court of the Russian Federation provides recommendations on submission of documents by arbitration courts when challenging the court ruling separately from the judicial act terminating the case (in compliance with Part 1 of Article 188 of the Code of Arbitration Procedures of the Russian Federation).

The arbitration court having accepted the challenged ruling is recommended to submit to the higher instance court only those materials of the case together with the appeal that are directly associated with this appeal and are necessary for its consideration, as well as the list of the documents available in the file. Copies of all materials of the case may be sent at own initiative if their volume is within reasonable limits. Besides, one should keep in mind that the ruling and the appeal are sent to the higher instance court in the originals, the other, in copies certified by the arbitration court. The copies of documents may be presented in the electronic form.

After consideration, the appeal together with the adopted judicial act, as well as all materials, are returned to attache all necessary documents to the court ruling.

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