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 31.10.2006

Decision of the Government of the Russian Federation No. 631 of October 27, 2006 on the Endorsement of the Regulation on the Interaction of the State and Municipal Ordering Parties, Bodies in Charge of the Placing of Orders of State and Municipal Ordering Parties During Joint Tenders <br>

Defines the procedure of interaction of state and municipal ordering parties, bodies in charge of the placing of orders for the state and municipal ordering parties when placing the orders for supplies of the same commodities through joint tenders.

Joint tenders may be carried out in the presence of the demand for similar commodities with at least two ordering parties, authorised bodies. Joint tenders for the same commodities for the needs of the country's defence shall be carried out in pursuance of the decisions of the Government of the Russian Federation adopted when endorsing the defence order.

The Decision defines the content of the agreement concluded between the ordering parties, authorised bodies before the endorsement of the contest documentation.

The parties of the agreement shall assume expenses of the joint tenders in proportion to the share of initial contract price in the total amount of initial contract prices for the placing of orders involved in the joint tenders.

Decision of the Government of the Russian Federation No. 628 of October 27, 2006 on the Endorsement of the Rules of Control over Observation by Legal Entities and Independent Entrepreneurs of the Prohibition to Combine Activities of Transfer of Electric Power and Operative Dispatcher Control in the Electric Power Industry with Activities of Production and Purchase-and-Sale of Electric Power and on the Amendment to the Regulation on the Federal Antimonopoly Service Endorsed by the Decision of the Government of the Russian Federation No. 331 of June 30, 2004 <br>

Specifies the procedure for the Federal Antimonopoly Service of Russia and its territorial bodies to control observation by economic subjects of the requirements of the legislation envisaging a prohibition to combine the mentioned activities.

Defines the forms of such control. An economic subject combining the mentioned activities must send to the antimonopoly body a notification in writing no later than within 30 days from the date of entry into force of the rules. The total time limit for the antimonopoly body to process the notification may not be greater than 3 months.

The antimonopoly body may take a decision on enforced reorganisation of the legal entity in three cases: if the economic subject does not observe the prohibition to combine the activities; results of examination of the notification show the failure to observe the particulars of functioning on the part of the economic subject; results of the check of activities of the economic subject show that it has stopped to observe the particulars of functioning.

In this connection, the Federal Antimonopoly Service of Russia is empowered with authority to take a decision on enforced reorganisation of legal entities (in the form of separation or isolation), as well as to apply to the arbitration court with a demand to stop activities of independent entrepreneurs if they fail to observe the available prohibition.

Order of the Ministry of Education and Science of the Russian Federation No. 226 of September 13, 2006 on the Endorsement of the Regulation on the Expert Council of the Higher Certification Commission of the Ministry of Education and Science of the Russian Federation <br>

Defines the goals, tasks, functions and organisation of activities of the expert council of the Higher Certification Commission of the Ministry of Education and Science.

The expert council is created for expert overvaluation of compliance of dissertation papers with specified criteria, as well as to prepare recommendations to award scientific grades and titles of professor and assistant professor.

The expert council is empowered with authority to prepare statements on dissertation paper, on appeals against decisions of dissertation councils, return to dissertation councils for reworking insufficiently motivated statements, as well as to send a dissertation paper for additional assessment to another dissertation council in cases of inappropriately fulfilled expert evaluation of a dissertation paper.

The expert council is formed of leading scientists and specialists in the sphere of science, technology, education and culture. It consists of the chairman, deputy chairman, academic secretary and members of the expert council.

The composition of expert councils is formed by the Higher Certification Commission and is endorsed by the Ministry of Education and Scenic for three years followed by subsequent renewal by at least one third. The period of uninterrupted authority of the chairman of the expert council may not be greater than 6 years.

The chairman, his deputy and the academic secretary of the expert council may not belong to the same organisation.

Registered in the Ministry of Justice of the Russian Federation on October 27, 2006. Reg. No. 8408.

Direction of the Central Bank of Russia No. 1724-U of September 20, 2006 on the Amendments to the Direction of the Bank of Russia No. 1379-U of January 16, 2004 on the Assessment of the Financial Stability of a Bank to Recognise It Sufficient for Participation in the Deposit Insurance System <br>

The method of assessment of transparency of the structure of the bank's property (Appendix 3 to the Direction of the Bank of Russia No. 1379-U of January 16, 2004) is amended where it pertains to ensuring confidentiality of information on natural persons. When disclosing information on the persons exerting directly or indirectly a significant influence on the decisions of the management bodies of the bank, it is enough to present information on the place of residence of the natural person to the Bank of Russia only.

The amendments are also introduced in the terms of calculation of the figure of attracted resources (PS3), namely, the figure O beside existing conditions (votes falling on the bank's shares owned by residents of off-shore zones) does not include those falling on the bank's voting stocks (shares) owned by legal entities (groups of persons) who, according to the procedure of calculation of the figure of significance of influence of residents of off-shore zones on the bank management (figure PU2), are the persons (groups of persons) exerting a significant influence on the decisions taken by the bank's management bodies.

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 October 25, 2006. Reg. No. 8399.

Letter of the Federal Agency of Cadastre of Objects of Immovable Property No. AM/1290@ of October 6, 2006 on the Procedure for Drawing up the Technical Certificate of the Object of Personal Housing Construction <br>

Federal Law No. 93 of June 30, 2006, the main provisions having entered into force from September 1, 2006, simplified the procedure of the state registration of the proprietary right of citizens for individual objects of immovable property. The Law specified that the state registration of the proprietary right of the citizen for the object of personal housing construction created on the land plot allocated for the personal housing construction or on auxiliary farming land plot is permitted before January 1, 2006 on the basis of a technical certificate of the object of personal housing construction.

The Letter explains individual issues of the procedure of drawing up of the cover sheet and Section 1 "General Information" of the technical certificate of the object of personal housing construction.

The date of entry of information in the Joint State Register of Objects of Capital Construction is filled out by the body in charge of the registration only (department of the Federal Agency of Cadastre of Objects of Immovable Property or its division). Before introduction of the register on the territory of the appropriate subject of the Russian Federation, the inventory number of the object of immovable property is assigned by the organisation of technical registration and technical inventory taking.

The year of construction is assumed to be the year of acceptance of the house for operation, and in the absence of it, the year of the end of construction of the object determined from information obtained from the owner.

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