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 7.12.2006

Decision of the Constitutional Court of the Russian Federation No. 9-P of November 29, 2006 on the Case of Constitutionality of Item 100 of the Regulation of the Government of the Russian Federation

The Constitutional Court of the Russian Federation recognised as not complying with the Constitution of the Russian Federation Item 100 of the Regulation of the Government of the Russian Federation envisaging a return of the draft law received in the Government to the subject of the right of legislative initiative if received without financial and economic substantiation and other necessary materials.

According to the explanations of the Constitutional Court of the Russian Federation, the given provision of the Regulation (if interconnected with its other provisions) not only imposes on the subject of the right of legislative initiative the duty to submit the financial and economic substantiation of the draft law, but also permits the office of the Government exclusively to determine the completeness of such substantiation - the document not envisaged directly in the Constitution of the Russian Federation and not legitimised by the will of the federal legislator.

This vitiates the constitutional and legal nature of the statement of the Government of the Russian Federation on draft laws pertaining to introduction or revocation of taxes, exemption from them, issue of state loans, change of financial obligations of the state, other draft laws envisaging expenses covered from the federal budget (Part 3 of Article 104 of the Constitution of the Russian Federation), since it acquires the nature of obligatory assessment of financial and economic expediency of the draft law, with the ambiguity of the notion of "financial and economic substantiation" itself inflicting an inequality of subjects of the right of legislative initiative in implementation of this right.

Therefore, introduction in the State Duma of the draft law out of those listed in the Regulation of the Government of the Russian Federation is made dependent on the single-sided opinion of the Government of the Russian Federation, or even its office, rather than the will of the subject of the right of legislative initiative. The State Duma is actually deprived of the opportunity to accept prepared draft laws for processing and of constitutional independence in implementation of powers to implement the legislative function.

Meanwhile, specifying the normative content of the constitutional right of legislative initiative of the authorised subjects, including the determination of the terms and procedure of its implementation as a stage of the legislative process, proceeding from the logic of the constitutional regulation and the system interpretation of the provisions of the Constitution of the Russian Federation, may not be done in a normative act of the level lower than the Federal Law.

The Decision is entered into force immediately after annunciation.

Federal Law No. 225-FZ of December 5, 2006 on the Amendments to the Federal Law on the Main Guarantees of Electoral Rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation and the Code of Civil Procedures of the Russian Federation

The amendments are excepted to improve a number of election procedures and introduce the measures to combat extremist activities in the course of elections and referenda.

The Law refines the provisions of the election legislation pertaining to nomination of candidates by political parities, list of candidates, making subscription lists, list of documents submitted to the election commission by candidates and authorised representatives of election associations, as well as to the reasons of refusal to register a candidate, list of candidates, revocation of their registration.

The Law extends the circle of persons that may not be elected in the bodies of state power and the bodies of local government. These include: citizens convicted for imprisonment for heavy and specially heavy crimes, as well as the crimes of extremist nature, and those with outstanding convictions for the mentioned crimes as of the day of the vote; citizens with imposed administrative punishment for promotion and public demonstration of nazi symbols; citizens falling under the court ruling having come in legal force that established the fact of committing the acts of extremist nature in the period of authority of the body of state power or the body of local government.

The amendments eliminate the voter turnout threshold in elections of any level.

The Federal Law is entered into force from the day of its official publication.

Federal Law No. 209-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 210-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 211-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 212-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 213-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 214-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 215-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 216-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 217-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 218-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 223-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 224-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The above Federal Laws introduce amendments increasing the number of justices of the peace and the number of court districts specified for a number of subjects of the Russian Federation. This will permit to reduce the load on justices of the peace when processing the cases included in their sphere of reference according to the federal legislation.

The mentioned amendments specify the following number of justices of the peace and their appropriate number of court districts in the subjects of the Russian Federation:

for the provinces of: Volgograd - 145 (formerly, 120), Bryansk - 73 (65), Lipetsk - 64 (55), Kamchatka - 33 (28), Oryol - 45 (40), Rostov - 230 (196), Sakhalin - 30 (27), Smolensk - 52 (51), Sverdlovsk - 219 (207).

for the territories of: Stavropol 143 (formerly, 119), Krasnodar - 270 (226),

for the Yamalo-Nenets Autonomous District - 27 (22), Republic of Bashkortostan - 215 (183), Karachayevo-Cherkess Republic - 25 (19), Republic of Komi - 60 (52).

The Federal Laws are entered into force from January 1, 2007.

Federal Law No. 208-FZ of December 5, 2006 on the Amendments to Chapter 23 of Part 2 of the Tax Code of the Russian Federation

Exempts from the incomes tax from natural persons the maternity (family) capital earmarked for the implementation of additional measures of state support of families with children. If these resources are spent for studies, construction or purchase of dwelling space, the mentioned tax exemptions do not apply.

The Federal Law is entered into force from January 1, 2007, however, no sooner than one month after the day of its official publication.

Order of the Federal Antimonopoly Service No. 293 of November 20, 2006 on the Endorsement of the Form of Submission of the List of Persons Forming a Group

According to the Law on the protection of competition, monopolist activities is an abuse by the economic subject, group of persons of their dominating position. The Law defines the notion of the group of persons specifying the options of composition and the grounds to include the person in the given group.

Some transactions and other actions mentioned in the Law may be committed without a preliminary consent of the antimonopoly body, however, followed by subsequent notification of it if all of the following conditions are observed: transactions or other actions are committed by the persons forming part of the same group; the list of persons included in the same group indicating the reasons of inclusion in this group was submitted by any of the persons forming the group to the antimonopoly body no later than one month in advance of the transactions or other actions; the list of persons did not change as of the moment of committing the transactions or other actions.

To implement the given provision of the Law, the Federal Antimonopoly Service endorses the form of submission of the list of persons forming the same group. The form consists of two sections: the list of legal entities and the list of natural persons. The Order specifies the codes of the reasons of inclusion of the mentioned persons in the same group, regulates the procedure of submission of the list of persons forming the same group to the federal antimonopoly body. The list must be submitted on paper and in the form of a computer spreadsheet with attached schematic depiction of the group of persons and the grounds.

Registered in the Ministry of Justice of the Russian Federation on December 4, 2006. Reg. No. 8552.

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