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 20.12.2006

Federal Law No. 231-FZ of December 18, 2006 on the Entry into Force of Part 4 of the Civil Code of the Russian Federation

Part 4 of the Civil Code of the Russian Federation is entered into force from January 1, 2008.

Before the laws and other legal acts being in effect on the territory of the Russian Federation are brought in compliance with Part 4 of the Code, the laws and other legal acts of the Russian Federation, as well as the actual acts of the legislation of the USSR, shall apply inasmuch as they do not contradict Part 4 of the Code.

The entry into force of Part 4 of the Code containing a full codification of the legislative norms on intellectual property invalidates the Civil Code of the RSFSR of 1964, the patent law of the Russian Federation of 1992, the laws of the Russian Federation of 1992 on the trade marks, service marks and the names of the places of origin of commodities, on the legal protection of computer programs and databases, on the legal protection of layouts of integrated circuits, the laws of the Russian Federation of 1993 on the copyright and adjacent rights, on achievements in selection, as well as a number of other legislative acts. Also invalidated on the territory of the Russian Federation are the corporate regulation endorsed by the Decision of the Central Executive Committee and the Council of People's Commissars of the USSR of June 22, 1927 and the Fundamentals of Civil Legislation of the USSR and the Republics of 1991.

Part 4 of the Code shall apply to legal relations emerging after its entry into force. For the legal relations emerging before the entry into force of Part 4 of the Code, it applies to the rights and duties that emerge after its entry into force. The rights protected as of the moment of entry into force of Part 4 of the Civil Code of the Russian Federation shall be protected according to the rules of this part.

Necessary amendments are introduced in Parts 1, 2 and 3 of the Civil Code and some other legislative acts, in particular, the Family Code, Federal Laws on the banks and banking activities, on the agricultural cooperation, on joint-stock companies, on production cooperatives, on the limited-liability companies, on the state and municipal unitary enterprises and other.

The Federal Law is entered into force from the day of its official publication except for individual articles entering into force from January 1, 2008.

Direction of the Central Bank of Russia No. 1744-U of November 13, 2006 on the Procedure of Release of Exchange Coins for Numismatic Purposes to Resident Credit Organisations by the Bank of Russia

Exchange coins of non-precious metals are handed out in sets, each containing exchange coins of all nominal values of the same year of issue, of improved quality, which is characterised by the absence of scratches and other mechanical damage on the coin surface, and made using the proof and proof-like technologies providing for a glassy field on the facing and reverse sides of the coins. The Bank of Russia shall accept orders for numismatic sets of coins and hand them out to credit organisations according to the same procedure as the memorial and investment coins. However, the specification is drawn up using a different form provided in the Direction.

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 December 14, 2006. Reg. No. 8594.

Order of the Ministry of Finance of the Russian Federation No. 162n of December 6, 2006 on the Endorsement of the Procedure of Outfitting of the Main Technological Equipment for Production of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products with Automatic Means of Measurement and Registration of the Concentration and Volume of Anhydrous Ethyl Alcohol in the Finished Product, the Volume of the Finished Product

Defines the requirements to the placement of the means of measurement on the main technological equipment, as well as regulates the procedure of coordination of the placement of the given means with the tax body. Equipment of organisations engaged in production of ethyl alcohol, alcoholic and alcohol-containing products is outfitted with automatic means of measurement and registration in the places providing for opportunities and correctness of measurements and registration of the figures, as well as the stopping of the feeding of the mentioned products in cases of failure of the means of measurement or switching over to the reserve means of measurement. The placement of the means of measurement are indicated by the organisation in the appropriate scheme of outfit drawn up by the organisation in two copies, one of which being left in the territorial tax body.

Before placing the means of measurement, the scheme must be endorsed by the head (deputy head) of the department of the Federal Tax Service of Russia in the subject of the Russian Federation at the place of location of the organisation or its separate division mentioned in the license. The decision is taken by the tax body within 10 days from the moment of submission of the scheme for endorsement.

Outfitting of equipment with the means of measurement in the presence of the decision of the tax body prohibiting the outfit according to the presented scheme is not permitted.

After being installed, the means of measurement are sealed by the official of the territorial tax body in the presence of the representative of the organisation.

Registered in the Ministry of Justice of the Russian Federation on December 13, 2006. Reg. No. 8589.

Direction of the Central Bank of Russia No. 1762-U of December 15, 2006 on the Amendments to the Instruction of the Bank of Russia No. 108-I of December 1, 2003 on the Organisation of Inspections of the Central Bank of the Russian Federation (Bank of Russia)

The checks of banks and their branches may be carried out by audit organisations at the order of the Board of Directors of the Bank of Russia. Organisation of the mentioned checks is vested in the Chief Inspection of the Bank of Russia.

Banks with multiple branches and participation of non-residents in the capital will be checked by the special inspections. The period of time of permitted prolongation of the complex or thematic check is increased from 25 to 35 days for the regional checks and to 45 days for the interregional checks.

The amendments specify the particulars of carrying out of bank checks involving the employees of the state corporation Deposit Insurance Agency, provide a new wording for the procedure of organisation and carrying out of checks of the Savings Bank of Russia.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia. The text of the Direction has been published in the Herald of the Bank of Russia No. 70 of December 20, 2006.

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