Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 22.09.2006

Order of the Federal Customs Service No. 469 of May 24, 2006 on the Endorsement of the Administrative Regulation of the Federal Customs Service on the State Service of Information Support on the Legal Acts in the Customs Sphere and Advice on Customs Issues and Other Issues in the Sphere of Reference of the Customs Bodies



The Administrative Regulation of the Federal Customs Service on the state service of information support on the legal acts in the customs sphere and advice on customs issues and other issues in the sphere of reference of the customs bodies has been worked out in the framework of the carried out administrative reform to provide on the timely and qualitative basis necessary information to natural persons and legal entities.

The information shall be provided directly in the rooms of the customs bodies using information stands, as well as over the phone (the so-called “hot-line”), e-mail, automatic information system, by placing on the official Internet site of the Federal Customs Service of Russia and other customs bodies.

Information services on the legal acts in the customs sphere shall be provided within the time limits necessary to find and report information to the person and register the result of the service and may not be greater than 30 minutes. Advice on the issues in the customs sphere and other issues in the sphere of reference of the customs bodies shall be provided to the request of the person in shortest possible time, however, no later than within one month from the day of receiving of the mentioned request in the customs body providing such service.

The Regulation defines the terms and procedure of providing of the mentioned information, requirements to the outfit of the rooms where the information will be presented, the list of the reasons to refuse to provide it, procedure of appealing against the actions of the officials of the customs bodies in cases of an incomplete or untimely providing of information.

All information shall be provided by the customs bodies free of charge.

The Regulation is entered into force from November 1, 2006.

Registered in the Ministry of Justice of the Russian Federation on September 13, 2006. Reg. No. 8233.

Order of the Federal Antimonopoly Service No. 129 of May 17, 2006 on the Endorsement of the Procedure of Determination of the Dominating Position of Non-State Pension Funds



According to the endorsed procedure, the dominating position of non-state pension funds is determined by the federal antimonopoly body. Specified provisions for the fund shall also apply to the funds owned by the same group of persons.

The dominating position of the fund is determined within the boundaries of the market of services on non-state pension support regardless of the place of its location as defined in the constituent documents.

To determine the dominating position, all funds and/or branches are revealed that provide services of non-state pension support within the specified boundaries of the market of services of non-state pension support, turnovers of services are calculated that are provided by each fund and/or branches within the specified boundaries of the market of services, the total turnover of services is calculated that are provided by all funds and/or their branches within the specified boundaries of the market, the share of the fund and/or its branches is calculated in the total turnover of services that are provided by all funds and/or their branches, the share of the fund (total share of the funds owned by the same group of persons) is compared with criteria of domination of the funds at the market of services of non-state pension support.

The share of the fund at the market of services is determined proceeding from the ratio of its turnover of non-state pension support to the total amount of turnover of the funds within the specified boundaries of the market of services of non-state pension support.

The fund’s position is recognised to be dominating if the share at the federal market of services in non-sate pension support is greater than 10%, or at the regional – greater than 25%.

The sources of information for the determination of the dominating position include information received from the Federal Service for Financial Markets, Federal Service of State Statistics, funds, associations of funds.

The Order invalidates the Order of the Ministry of the Russian Federation for Antimonopoly Policy and Support of Entrepreneurial Activities No. 337a of May 6, 2000 on the endorsement of the procedure of determination of the dominating position of non-state pension funds.

Registered in the Ministry of Justice of the Russian Federation on September 15, 2006. Reg. No. 8288.

Order of the Ministry of Finance of the Russian Federation No. 109n of August 25, 2006 on the Endorsement of the Procedure of Providing to Organisations Engaged in Production and/or Circulation (Except for the Import and Retail Trade) of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products on the Territory of the Russian Federation of Software of the Joint State Automatic Information System of Registration of the Volume of Production and Circulation of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and Its Installation in the Technical Means of Registration and Transfer of Information on the Volume of Production and Circulation of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products in the Joint State Automatic Information System of Registration of the Volume of Production and Circulation of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products



The procedure regulates the sequence of actions intended to provide to organisations engaged in production and/or circulation (except for the import and retail trade) of ethyl alcohol, alcoholic and alcohol-containing products of software of the Joint State Automatic System of registration of the volume of production of ethyl alcohol, alcoholic and alcohol-containing products.

The software of the Joint State Automatic Information System shall be used by organisations to register and transfer appropriate information in the Joint State Automatic Information System.

The software shall be provided on the basis of the application of the organisations being ready to install the software in the technical means submitted to the territorial tax body.

Representatives of the organisation having created the software shall install the software in the technical means of the organisation, connect it, check for opportunities of use and seal the technical means of the organisation.

The results of the mentioned actions shall be recorded in the act of the readiness for connection of the software and hardware of the organisation to the software and hardware of the Joint State Automatic Information System.

If it is necessary to service, repair, change the technical means, which requires a removal of the seals from the technical means and/or in other cases specified in the legislation, the software must be removed from the technical means.

Registered in the Ministry of Justice of the Russian Federation on September 15, 2006. Reg. No. 8299.

Order of the Federal Service for Financial Markets No. 06-95/pz-n of August 24, 2006 on the Procedure for Rendering Services Providing for Conclusion of Futures Contracts, As Well As the Clearing Particulars for the Futures Contracts



The endorsed Regulation on the procedure of rendering services providing for the conclusion of the futures contracts, as well as the clearing particulars for the futures contracts, specifies the requirements to the terms of rendering services providing for transactions where execution of obligations depends on the change of prices for securities, change of stock exchange indices, including the transactions envisaging an exclusive duty of the parties to pay depending on the change of prices for securities or change of stock exchange indices, as well as the clearing requirements for such contracts.

The rendering of services providing for the conclusion of the mentioned futures contracts may only be vested in legal entities possessing a license of the stock exchange. The stock exchange must register in the Federal Service for Financial Markets the rules of access to participation in the tenders, the rules of conclusion of futures contracts at the tenders, specifications of the futures contracts, the rules of tenders and the regulation on the endorsement of the above documents by the stock exchange (the so-called stock exchange rules).

The Order defines the requirements to the futures contracts concluded at the tenders arranged by the stock exchange, requirements to the specifications, specifies the procedure of access to tenders and the tenders themselves, regulates the clearing rules for the futures contracts.

The stock exchange assumes the duty to monitor and control conclusion of futures contracts.

Stock exchanges, as well as the clearing organisations servicing futures contracts, shall bring their activities in compliance with the requirements of the Regulation within 90 days from the moment of its entry into force.

Registered in the Ministry of Justice of the Russian Federation on September 15, 2006. Reg. No. 8300.

Order of the Ministry of Defence of the Russian Federation No. 200 of June 30, 2006 on the Endorsement of the Procedure of Providing Monetary Subsistence to Servicemen of the Armed Forces of the Russian Federation



Endorses the procedure defining the rules of providing monetary subsistence to servicemen of the Armed Forces of the Russian Federation, including the salary of the monthly monetary subsistence, monthly and other additional payments.

The procedure regulates all types of payments to servicemen of the Armed Forces of the Russian Federation pertaining to the military service.

A differentiated approach is envisaged to the procedure of calculation of the amount of the monetary subsistence depending on the service standing of the serviceman, tenure with the service, qualification and particulars of fulfilling of service duties.

The procedure regulates individual cases of payment of the monetary subsistence: in cases of temporary execution of the duties in military positions; when attached to commanders (chiefs); in cases of staff organisational measures; while in leave; during sickness or sick leave; when dismissed from duty, being under arrest or in a disciplinary military units; in cases of absenteeism; if imprisoned or captured in hostages, interned in neutral countries or missing; when transferred from the federal body of executive power where the military service is envisaged into the Armed Forces of the Russian Federation; when on detached service; when the military service is suspended; during training exercises; when dismissed from the military service; when being killed (in cases of death).

The monetary subsistence due to the serviceman that was not paid out or paid out in a smaller amount shall be paid out for the whole period when the serviceman was entitled for it, however, not more that for three years preceding the appeal.

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

Registered in the Ministry of Justice of the Russian Federation on September 15, 2006. Reg. No. 8304.

Order of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being No. 225 of August 1, 2006 on the Sanitary and Epidemiological Expert Evaluation of Pesticides and Agricultural Chemicals



Specifies general requirements to the expert evaluation of pesticides, agricultural chemicals, veterinary preparations to assess the hazards of preparations for the life and health of population, identification of hygienic requirements, regulations and criteria of safe handling of them.

The expert evaluation is vested in the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being to be carried out on the basis of a complex toxicological and hygienic assessment in the accredited scientific research institutions.

The sanitary and epidemiological expert evaluation of veterinary preparations is arranged on the contractual basis between the producer organisation or the applicant supplier of the preparation and the scientific research institutions.

The sanitary and epidemiological statements are issued by the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.

Expert evaluations apply to pesticides, agricultural chemicals and veterinary preparations intended for registration testing, state registration and circulation on the territory of the Russian Federation, including those produced in the Russian Federation – when put in production, amending the normative and technical documentation, including the changing of the composition of pesticides or their production technology, to imported pesticides, as well as when the earlier issued sanitary and epidemiological statement expires.

To carry out an expert evaluation, the applicant submits to the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being a request, materials in the Russian or English languages characterising the toxicological and hygienic properties of the active component and the raw material, (draft) safety certificate for the home-made preparations and the document of quality and safety for imported ones, recommendations on application indicating the measures of precaution, including the cases of use in private auxiliary farming and in household use, container label, normative or technical documents for the preparations planned for production or packing on the territory of the Russian Federation, sanitary and epidemiological statement issued by the departments of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being in the subjects of the Russian Federation. For pesticides intended for use on medicinal plants, appropriate statement of the All-Russia Institute of Medicinal and Flavouring Plants of the Russian Academy of Agricultural Sciences is submitted in addition.

The toxicological and hygienic assessment of a pesticide and veterinary preparation shall take 6 months, and of an agricultural chemical – 3 months. The time limit for processing documents pertaining to the expert evaluation of veterinary preparations in the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being makes one month.

The sanitary and epidemiological statement for the mentioned preparations is issued for ten years, and if it is necessary to arrange additional investigation to assess the hazards of a negative impact of pesticides on the human health – for two years.

The Order also endorses the Regulation on the Commission for the Issues of Hygiene and Toxicology of Pesticides and Agricultural Chemicals that will assume the processing of results of the complex toxicological and hygienic assessment of pesticides and agricultural chemicals for subsequent preparation of sanitary and epidemiological statements in the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.

Organisation of expert evaluations, the drawing up of draft sanitary and epidemiological statements, the keeping of the register of sanitary and epidemiological statements for pesticides and agricultural chemicals on the compliance (incompliance) of the products with the state sanitary and epidemiological rules and normatives is vested in the information and methodology centre Ekspertiza of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.

Registered in the Ministry of Justice of the Russian Federation on September 15, 2006. Reg. No. 8316.

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