Windfall tax for major companies to be introduced in Russia
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Monitoring of the Federal Legislation dated 7.11.2006
Federal Law No. 188-FZ of November 4, 2006 on the Amendments to the Federal Law on the Continental Shelf of the Russian Federation and the Federal Law on the Exclusive Economic Zone of the Russian Federation
The Federal Laws on the continental shelf of the Russian Federation and on the exclusive economic zone of the Russian Federation are being brought in compliance with the norms of the Federal Law on fishing and conservation of aquatic biological resources where it pertains to the unification of the used terms and definitions, as well as establishing a uniform procedure of granting aquatic bioresources for use.
The Federal Law introduces a uniform procedure and terms of submission of requests for the licenses for the catching of aquatic biological resources. Since the catching on the continental shelf and in the exclusive economic zone have particulars associated with remote location of fishing vessels from the base and impossibility of changing directly the originals of the decisions, an opportunity is envisaged to draw up urgent permissions by telegraph dispatches.
Apart from these changes, the Federal Law brings in compliance with the Decree of the President of the Russian Federation No. 649 of March 9, 2004 issues of the structure of the federal bodies of executive power the names and the sphere of reference of the federal bodies of executive power in charge of the state management in the sphere of fishing and conservation of aquatic bioresources.
The Federal Law is entered into force ninety days after the day of its official publication.
The Federal Law introduces a uniform procedure and terms of submission of requests for the licenses for the catching of aquatic biological resources. Since the catching on the continental shelf and in the exclusive economic zone have particulars associated with remote location of fishing vessels from the base and impossibility of changing directly the originals of the decisions, an opportunity is envisaged to draw up urgent permissions by telegraph dispatches.
Apart from these changes, the Federal Law brings in compliance with the Decree of the President of the Russian Federation No. 649 of March 9, 2004 issues of the structure of the federal bodies of executive power the names and the sphere of reference of the federal bodies of executive power in charge of the state management in the sphere of fishing and conservation of aquatic bioresources.
The Federal Law is entered into force ninety days after the day of its official publication.
Federal Law No. 187-FZ of November 4, 2006 on the Reorganisation of the Courts of General Jurisdiction of the Perm Province and the Komi-Permyatsky Autonomous District Pursuant to the Forming of the Perm Territory
In pursuance of the Federal Constitutional Law No. 1-FKZ of March 25, 2004, forms a new subject of the Russian Federation - Perm Territory - as a result of the merger of two subjects of the Russian Federation - the Perm Province and the Komi-Permyatsky Autonomous District.
In this connection, the Law abandons the Perm Province Court and the Court of the Komi-Permyatsky Autonomous District while creating the Perm Territory Court to assume the jurisdiction of the abandoned courts.
The regional courts of the Perm Province and the regional courts of the Komi-Permyatsky Autonomous District having operated before the entry into force of the Federal Law are reorganised into the regional courts of the Perm Territory.
The judges, chairmen and deputy chairmen of the abandoned courts may be assigned, with their consent, to the similar positions of the Perm Territory Court.
The Federal Law is entered into force form the day of its official publication, except for individual provisions entering into force from the day of assigning to their positions of at least four fifths of the judges of the Perm Territory Court of their specified number.
In this connection, the Law abandons the Perm Province Court and the Court of the Komi-Permyatsky Autonomous District while creating the Perm Territory Court to assume the jurisdiction of the abandoned courts.
The regional courts of the Perm Province and the regional courts of the Komi-Permyatsky Autonomous District having operated before the entry into force of the Federal Law are reorganised into the regional courts of the Perm Territory.
The judges, chairmen and deputy chairmen of the abandoned courts may be assigned, with their consent, to the similar positions of the Perm Territory Court.
The Federal Law is entered into force form the day of its official publication, except for individual provisions entering into force from the day of assigning to their positions of at least four fifths of the judges of the Perm Territory Court of their specified number.
Federal Law No. 186-FZ of November 4, 2006 on the Creation of the Arbitration Court of the Perm Territory
Pursuant to the creation as a result of the merger of the Perm Province and the Komi-Permyatsky Autonomous District of the new subject of the Russian Federation - Perm Territory - creates the Arbitration Court of the Perm Territory. The Arbitration Court of the Perm Province and the Arbitration Court of the Komi-Permyatsky Autonomous District are abandoned. The issues of jurisdiction of the abandoned courts are handed over to the newly created Arbitration Court of the Perm Territory.
The judges of the abandoned arbitration courts may be assigned, with their consent, to positions of judges of the Arbitration Court of the Perm Territory. In this case, a positive statement of the appropriate qualification commission of judges is not required.
The Federal Law is entered into force from the day of its official publication. The Arbitration Court of the Perm Territory will start its activities from the moment of assigning to their positions of at least four fifths of the judges of the Arbitration Court of the Perm Territory of their specified number. The official Decision on the day of the beginning of activities of the Arbitration Court of the Perm Territory will be taken by the Plenum of the Higher Arbitration Court of the Russian Federation.
The judges of the abandoned arbitration courts may be assigned, with their consent, to positions of judges of the Arbitration Court of the Perm Territory. In this case, a positive statement of the appropriate qualification commission of judges is not required.
The Federal Law is entered into force from the day of its official publication. The Arbitration Court of the Perm Territory will start its activities from the moment of assigning to their positions of at least four fifths of the judges of the Arbitration Court of the Perm Territory of their specified number. The official Decision on the day of the beginning of activities of the Arbitration Court of the Perm Territory will be taken by the Plenum of the Higher Arbitration Court of the Russian Federation.
Federal Law No. 185-FZ of November 4, 2006 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of India on Cooperation in the Sphere of Investigation and Use of the Outer Space for Peaceful Purposes
Ratifies the Agreement with the Government of the Republic of India on cooperation in the sphere of investigation and use of the outer space for peaceful purposes.
The given Agreement signed in New Delhi on December 3, 2004 will replace the intergovernmental Agreement on cooperation in investigation and use of the outer space for peaceful purposes of June 30, 1994 to take account of the qualitatively new standards and perspective scale of the Russian-Indian cooperation.
The Agreement defines necessary conditions of efficient development of mutually beneficial cooperation with India in the whole range of promising directions of peaceful use of the outer space and application of outer space engineering and technologies. The Agreement is of comprehensive nature and envisages an appropriate complex of political-and-legal and organisational measures. Implementation of the Agreement envisages development of cooperation in such spheres as investigation of the outer space, remote probing of the Earth from the outer space, outer space materials, outer space medicine and biology, outer space communication, satellite TV and radio broadcasting, satellite navigation and pertinent technologies and services, manned and unmanned flights, launching services.
The Agreement is subject to ratification including, in particular, the provisions on exemption from taxes and customs duties of certain categories of commodities being the objects of cooperation in the outer space.
The given Agreement signed in New Delhi on December 3, 2004 will replace the intergovernmental Agreement on cooperation in investigation and use of the outer space for peaceful purposes of June 30, 1994 to take account of the qualitatively new standards and perspective scale of the Russian-Indian cooperation.
The Agreement defines necessary conditions of efficient development of mutually beneficial cooperation with India in the whole range of promising directions of peaceful use of the outer space and application of outer space engineering and technologies. The Agreement is of comprehensive nature and envisages an appropriate complex of political-and-legal and organisational measures. Implementation of the Agreement envisages development of cooperation in such spheres as investigation of the outer space, remote probing of the Earth from the outer space, outer space materials, outer space medicine and biology, outer space communication, satellite TV and radio broadcasting, satellite navigation and pertinent technologies and services, manned and unmanned flights, launching services.
The Agreement is subject to ratification including, in particular, the provisions on exemption from taxes and customs duties of certain categories of commodities being the objects of cooperation in the outer space.
Federal Law No. 184-FZ of November 4, 2006 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Chile on Cooperation in Investigation and Use of the Outer Space for Peaceful Purposes
Ratifies the Agreement between the Government of the Russian Federation and the Government of the Republic of Chile on cooperation in investigation and use of the outer space for peaceful purposes singed in Santiago de Chile on November 19, 2004 .
Federal Law No. 181-FZ of November 3, 2006 on the Amendment to Article 8.39 of the Code of Administrative Violations of the Russian Federation
Increases the amount of the administrative fine for the violation of the rules of guarding and use of natural resources on the specially protected nature territories.
Violation of the specified regime or other rules of protection and use of the natural environment and natural resources on the territories of the state nature sanctuaries, national parks, nature parks, state nature reserves, as well as the territories housing monuments of nature, on other specially protected nature territories or in their protected zones (districts) is punished with a fine imposed on the citizens in the amount of 10 to 20 minimum amounts of labour remuneration (earlier, 5 to 10 minimum amounts of labour remuneration), on the officials in the amount of 20 to 40 minimum amounts of labour remuneration (earlier, from 10 to 20 minimum amounts of labour remuneration), on legal entities - from 300 to 600 minimum amounts of labour remuneration (earlier, form 300 to 400 minimum amounts of labour remuneration).
Violations of the regime of the specially protected nature territory include, in particular, penetration on the territory of the sanctuary, carrying out economic activities in the reserve zones of national parks, prospecting and developing mineral deposits, providing gardening and cottage land plots on the territory of the national parks, as well as the right of travel and parking for motor vehicles etc.
Imposing a fine may be combined with a confiscation of the instruments of the administrative violation and the products of illegal use of natural resources.
Violation of the specified regime or other rules of protection and use of the natural environment and natural resources on the territories of the state nature sanctuaries, national parks, nature parks, state nature reserves, as well as the territories housing monuments of nature, on other specially protected nature territories or in their protected zones (districts) is punished with a fine imposed on the citizens in the amount of 10 to 20 minimum amounts of labour remuneration (earlier, 5 to 10 minimum amounts of labour remuneration), on the officials in the amount of 20 to 40 minimum amounts of labour remuneration (earlier, from 10 to 20 minimum amounts of labour remuneration), on legal entities - from 300 to 600 minimum amounts of labour remuneration (earlier, form 300 to 400 minimum amounts of labour remuneration).
Violations of the regime of the specially protected nature territory include, in particular, penetration on the territory of the sanctuary, carrying out economic activities in the reserve zones of national parks, prospecting and developing mineral deposits, providing gardening and cottage land plots on the territory of the national parks, as well as the right of travel and parking for motor vehicles etc.
Imposing a fine may be combined with a confiscation of the instruments of the administrative violation and the products of illegal use of natural resources.
Federal Law No. 180-FZ of November 3, 2006 on the Amendment to Federal Law on the Entry into Force of Part II of the Tax Code of the Russian Federation and on the Amendments to Some of the Legislative Acts of the Russian Federation on Taxes
According to the introduced amendments, from January 1, 2007, however, no sooner than the first of the subsequent tax period to December 31, 2008 inclusive, VAT exemption applies to the import to the Russian Federation of breeding bovine animals, breeding swine, sheep and goats, semen and embryos of the mentioned breeding animals, breeding horses and ova.
VAT exemption applies to the import by agricultural producers meeting the criteria of switchover to the uniform agricultural tax (according to Item 2 of Article 346.2 of the Tax Code of the Russian Federation) and Russian organisations engaged in leasing activities followed by subsequent supplies of them to the given producers.
At present, operations of import of breeding bovine animals, breeding swine, sheep and goats to the territory of the Russian Federation are subject to the 10% VAT rate.
Exemption from taxation of the mentioned operations creates favourable conditions for development of animal breeding and improves financial standing of agricultural producers.
The Federal Law is entered into force one month after the day of its official publication.
VAT exemption applies to the import by agricultural producers meeting the criteria of switchover to the uniform agricultural tax (according to Item 2 of Article 346.2 of the Tax Code of the Russian Federation) and Russian organisations engaged in leasing activities followed by subsequent supplies of them to the given producers.
At present, operations of import of breeding bovine animals, breeding swine, sheep and goats to the territory of the Russian Federation are subject to the 10% VAT rate.
Exemption from taxation of the mentioned operations creates favourable conditions for development of animal breeding and improves financial standing of agricultural producers.
The Federal Law is entered into force one month after the day of its official publication.
Federal Law No. 179-FZ of November 3, 2006 on the Amendment to Article 10 of the Law of the Russian Federation on the Commemoration of the Deceased Defenders of the Fatherland
Activities of the authorised federal body of executive power in the sphere of commemoration of the deceased defenders of the Fatherland and the work in this sphere shall be carried out according to the procedure defined by the President of the Russian Federation (earlier, the Government of the Russian Federation).
The need to introduce the given amendments is stipulated by the Decree of the President of the Russian Federation No. 37 of January 22, 2006 vesting the authority in the given sphere in the Ministry of Defence of Russia supervised by the President of the Russian Federation.
The need to introduce the given amendments is stipulated by the Decree of the President of the Russian Federation No. 37 of January 22, 2006 vesting the authority in the given sphere in the Ministry of Defence of Russia supervised by the President of the Russian Federation.
Federal Law No. 178-FZ of November 3, 2006 on the Amendments to Article 398 of Part 2 of the Tax Code of the Russian Federation
According to Chapter 31 "Land Tax" of the Tax Code being in effect from January 1, 2005, independent entrepreneurs must determine independently the taxable base and calculate the land tax for the land plots used in entrepreneurial activities. However, the legislator, while specifying the tax period, procedure and time limits of advance payments, did not include in the rules of submission of the tax reports (Article 398 of the Tax Code of the Russian Federation) the provision that respective duties emerge with the independent entrepreneur only when using the land plot in entrepreneurial activities.
The introduced amendment to Article 398 of the Tax Code of the Russian Federation eliminates the mentioned drawback and specifies that the tax declaration and the tax estimate for advance payments for the tax is submitted by entrepreneurs using in entrepreneurial activities the land plots they possess on the proprietary basis or as a permanent (unlimited) use.
The Federal Law is entered into force no sooner than one month after the day of its official publication and no sooner than the 1st of the subsequent tax period for the land tax.
The introduced amendment to Article 398 of the Tax Code of the Russian Federation eliminates the mentioned drawback and specifies that the tax declaration and the tax estimate for advance payments for the tax is submitted by entrepreneurs using in entrepreneurial activities the land plots they possess on the proprietary basis or as a permanent (unlimited) use.
The Federal Law is entered into force no sooner than one month after the day of its official publication and no sooner than the 1st of the subsequent tax period for the land tax.
Federal Law No. 176-FZ of November 3, 2006 on the Amendment to Article 149 of Part 2 of the Tax Code of the Russian Federation
The Federal Law makes more specific the provisions of Subitem 1 of Item 3 of Article 149 of Part 2 of the Tax Code exempting from the value added tax the sale of items of religious destination and religious literature produced by religious organisations. The given norm of the Tax Code of the Russian Federation in the previous wording permitted application of tax exemptions only when the items of religious destination and religious literature were sold by the same organisations that produce them. The amendments introduce alternative conditions of application of the VAT exemption.
The Law also makes more specific the subjects enjoying the given tax exemption. According to the new wording, VAT exemption applies to the sale of items of religious destination and religious literature produced by religious organisations (associations) and organisations the only founders (participants) of which are religious organisations (associations) and sold by the given or other religious organisations (associations) and organisations the only founders (participants) of which are religious organisations (associations).
The Federal Law is entered into force from January 1, 2007, however, no sooner than one month after the day of its official publication and no sooner than the first of the subsequent tax period for the value added tax.
The Law also makes more specific the subjects enjoying the given tax exemption. According to the new wording, VAT exemption applies to the sale of items of religious destination and religious literature produced by religious organisations (associations) and organisations the only founders (participants) of which are religious organisations (associations) and sold by the given or other religious organisations (associations) and organisations the only founders (participants) of which are religious organisations (associations).
The Federal Law is entered into force from January 1, 2007, however, no sooner than one month after the day of its official publication and no sooner than the first of the subsequent tax period for the value added tax.
Federal Law No. 175-FZ of November 3, 2006 on the Amendments to the Legislative Acts of the Russian Federation Pursuant to the Adoption of the Federal Law on the Autonomous Institutions, As Well As to Refine the Legal Capacities of State and Municipal Institutions
Pursuant to the adoption of the Federal Law on the autonomous institution envisaging creation of a new type of the state (municipal) institution, introduces appropriate amendments to the Civil and the Budget Codes of the Russian Federation, as well as the legislative acts regulating activities of educational and cultural institutions.
Refines the notion of institution. This is a non-commercial organisation created by the owner for the purpose of managerial, social-and-cultural or other functions of non-commercial nature. The institution may be created by a citizens or legal entity (private institution) or the Russian Federation, subject of the Russian Federation or municipal formation respectively (state or municipal institution).
The state (municipal) institutions are subdivided into the budget-supported and autonomous ones. The autonomous institution is liable for its obligations with all their property except for the immovable property and especially valuable movable property assigned to the autonomous institution by the owner of this property or purchased by the autonomous institution at the expense of resources allocated by such owner. The owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution.
The autonomous institution may not, without the consent of the owner, dispose of the immovable property and especially valuable property assigned to it by the owner or purchased by the autonomous institution at the expense of resources allocated to it by the owner for the purchase of such property. The rest of the property assigned to it may be disposed of by the autonomous institution independently, if otherwise is not specified in the law.
Incomes from the use of the property assigned to the autonomous institution are not transferred to the appropriate budget, but are used by the institution at their own discretion.
Subsidies and subventions allocated to the autonomous institution from the appropriate budget are exempted from the profit tax.
When an autonomous educational institution is created by the change of the type of the existing state (municipal) educational institution, such institution may engage in the types of activities defined in the charter on the basis of the license and certificate of the state accreditation obtained by the educational institution before expiry of these licenses and the certificate.
When an organisation of culture is created in the form of an autonomous institution, the founder must provide in full amount for the financing of expense of maintenance, preservation and replenishment of the state part of the Museum Fund of the Russian Federation, library, archive funds, as well as the preservation and use of objects of cultural heritage handed over to the autonomous institution.
The Federal Law is entered into force sixty days after the day of its official publication except for the individual provisions where another time limit is specified for the entry into force.
Refines the notion of institution. This is a non-commercial organisation created by the owner for the purpose of managerial, social-and-cultural or other functions of non-commercial nature. The institution may be created by a citizens or legal entity (private institution) or the Russian Federation, subject of the Russian Federation or municipal formation respectively (state or municipal institution).
The state (municipal) institutions are subdivided into the budget-supported and autonomous ones. The autonomous institution is liable for its obligations with all their property except for the immovable property and especially valuable movable property assigned to the autonomous institution by the owner of this property or purchased by the autonomous institution at the expense of resources allocated by such owner. The owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution.
The autonomous institution may not, without the consent of the owner, dispose of the immovable property and especially valuable property assigned to it by the owner or purchased by the autonomous institution at the expense of resources allocated to it by the owner for the purchase of such property. The rest of the property assigned to it may be disposed of by the autonomous institution independently, if otherwise is not specified in the law.
Incomes from the use of the property assigned to the autonomous institution are not transferred to the appropriate budget, but are used by the institution at their own discretion.
Subsidies and subventions allocated to the autonomous institution from the appropriate budget are exempted from the profit tax.
When an autonomous educational institution is created by the change of the type of the existing state (municipal) educational institution, such institution may engage in the types of activities defined in the charter on the basis of the license and certificate of the state accreditation obtained by the educational institution before expiry of these licenses and the certificate.
When an organisation of culture is created in the form of an autonomous institution, the founder must provide in full amount for the financing of expense of maintenance, preservation and replenishment of the state part of the Museum Fund of the Russian Federation, library, archive funds, as well as the preservation and use of objects of cultural heritage handed over to the autonomous institution.
The Federal Law is entered into force sixty days after the day of its official publication except for the individual provisions where another time limit is specified for the entry into force.
Federal Law No. 174-FZ of November 3, 2006 on the Autonomous Institutions
In the framework of the carried out restructuring of the budget-supported sector, introduces a new type of the state (municipal) institution - autonomous institution.
This is a non-commercial organisation created by the Russian Federation, subject of the Russian Federation or a municipal formation to carry out works, render services to implement the authority of the bodies of state power, authority of the bodies of local government in the spheres of science, education, public health, culture, social protection, employment of population, physical culture and sports.
The property of the autonomous institution is assigned to it on the basis of operative control. The autonomous institution may not, without the consent of the founder, dispose of the immovable property and especially valuable property assigned to it by the founder or purchased by the autonomous institution at the expense of resources allocated by the founder to purchase this property. The rest of the property, including the immovable one, is in the independent control of the autonomous institution. The owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution.
Incomes of the autonomous institution are in its independent disposal and are used by it to reach the goals for which it has been created.
The main type of activities of the autonomous institution is rendering services to the order of the founder free or on the partially paid basis for the consumer. The financing of the mentioned activities is implemented from the appropriate budget in the form of subventions, subsidies, from the state extra-budgetary funds and other sources. The autonomous institution may render paid services in the framework of its main activities in excess of the volumes ordered by the founder.
The Law defines the procedure of creation of the autonomous institution and managing it. Reorganisation of existing state (municipal) institutions into the autonomous ones is permitted with the founder consent only. When an autonomous institution is created by changing the type of an existing state (municipal) one, it is not permitted to withdraw or reduce the property (including the monetary resources) assigned to the state (municipal) institution.
Creation of the autonomous institution by changing the type of the existing state or municipal institution is not considered to be its reorganisation.
The changing of the type of existing state and municipal institutions of public health is not permitted.
To provide for the public control of activities of the autonomous institution, a supervisory board of the autonomous institution is created including representatives of the founder, other state (municipal) bodies of power, the public, work collective. One of the functions of the supervisory board is approving major transactions with the property of the autonomous institution.
The Federal Law is entered into force sixty days after the day of its official publication.
This is a non-commercial organisation created by the Russian Federation, subject of the Russian Federation or a municipal formation to carry out works, render services to implement the authority of the bodies of state power, authority of the bodies of local government in the spheres of science, education, public health, culture, social protection, employment of population, physical culture and sports.
The property of the autonomous institution is assigned to it on the basis of operative control. The autonomous institution may not, without the consent of the founder, dispose of the immovable property and especially valuable property assigned to it by the founder or purchased by the autonomous institution at the expense of resources allocated by the founder to purchase this property. The rest of the property, including the immovable one, is in the independent control of the autonomous institution. The owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution.
Incomes of the autonomous institution are in its independent disposal and are used by it to reach the goals for which it has been created.
The main type of activities of the autonomous institution is rendering services to the order of the founder free or on the partially paid basis for the consumer. The financing of the mentioned activities is implemented from the appropriate budget in the form of subventions, subsidies, from the state extra-budgetary funds and other sources. The autonomous institution may render paid services in the framework of its main activities in excess of the volumes ordered by the founder.
The Law defines the procedure of creation of the autonomous institution and managing it. Reorganisation of existing state (municipal) institutions into the autonomous ones is permitted with the founder consent only. When an autonomous institution is created by changing the type of an existing state (municipal) one, it is not permitted to withdraw or reduce the property (including the monetary resources) assigned to the state (municipal) institution.
Creation of the autonomous institution by changing the type of the existing state or municipal institution is not considered to be its reorganisation.
The changing of the type of existing state and municipal institutions of public health is not permitted.
To provide for the public control of activities of the autonomous institution, a supervisory board of the autonomous institution is created including representatives of the founder, other state (municipal) bodies of power, the public, work collective. One of the functions of the supervisory board is approving major transactions with the property of the autonomous institution.
The Federal Law is entered into force sixty days after the day of its official publication.
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