Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 21.12.2006

Federal Law No. 237-FZ of December 19, 2006 on the Amendments to Articles 50, 56 and 232 of the Budget Code of the Russian Federation and on Invalidation of Article 3 of the Federal Law on the Amendments to the Budget Code of the Russian Federation Pertaining to Regulation of the Inter-Budget Relations

According to the amendments to the Budget Code of the Russian Federation, receipts from the tax on extraction of mineral resources in the form of natural diamonds shall be transferred in full amount to the budgets of the subjects of the Russian Federation. The given amendments will permit to compensate for the shortfall in incomes to the budgets of three subjects of the Russian Federation - Republic of Sakha (Yakutia), the Perm Territory and the Arkhangelsk Province.

The Law also changes the rules of determination of the procedure of transfer of tax incomes from excise duty taxes for gasoline, diesel fuel, motor oils for diesel and carburettor (injection) engines. The given procedure will be defined in the federal law on the federal budget for the subsequent fiscal year. Before introduction of the mentioned amendment, the procedure of transfer will be specified by the Federal Law on the federal budget for the year 2004.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 236-FZ of December 19, 2006 on the Budget of the Pension Fund of the Russian Federation for the Year 2007

Endorses the budget of the Pension Fund of the Russian Federation for the year 2007 with incomes amounting to Rbl 1,845,094.0 million, Rbl 1,725,289.6 million out of them not forming the resources to finance the accumulated part of the labour pensions (including Rbl 88,245.9 million - resources of the federal budget to cover the deficit of the fund's budget), and expenses amounting to Rbl 1,727,799.9 million, Rbl 1,718,871.0 million out of them not forming the resources to finance the accumulated part of the labour pensions.

Apart from expenses for the pension support, part of resources envisaged in Article "Rendering Social Aid" is earmarked for the targeted social aid to non-working pensioners, gasification of their homes, as well as the paying out of material aid on the Victory Day and other holidays.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 235-FZ of December 19, 2006 on Insurance Tariff Rates for Obligatory Social Insurance against Industrial Accidents and Occupational Diseases for the Year 2007

In 2007, insurance contributions for the obligatory social insurance shall be paid out by the insurant according to the procedure and tariff rates specified in the Federal Law No. 179-FZ of December 22, 2005 on insurance tariff rates for obligatory social insurance against industrial accidents and occupational diseases for the year 2006.

Thus, 32 insurance tariff rates are preserved (from 0.2% to 8.5%) differentiated by the types of economic activities depending on the class of professional risk. The benefit in the payment of insurance contributions is also preserved. The mentioned benefit envisages that organisations of any organisational and legal forms pay insurance contributions for obligatory social insurance against industrial accidents and occupational diseases in the amount of 60% of the insurance tariff rates for the insured being group I, II and III invalids.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 234-FZ of December 19, 2006 on the Budget of the Social Insurance Fund of the Russian Federation for the Year 2007

Endorses the budget of the Social Insurance Fund of the Russian Federation for the year 2007 with incomes amounting to Rbl 258,806,047.5 thousand, with Rbl 169,264,828.5 thousand out of them for the obligatory social insurance, and expenses amounting to Rbl 287,493,479.5 thousand, with Rbl 199,603,929.6 thousand out of them for obligatory social insurance.

In 2007, financing is planed for additional expenses for the out-patient aid rendered to working citizens, medical aid to women during pregnancy and delivery, temporary disability allowances, insurance payments under obligatory social insurance against industrial accident and occupational diseases and other.

In 2007, the maximum amount of the temporary disability allowance (except for the temporary disability allowance because of industrial accident or occupational disease) and the maximum amount of the maternity allowance for the full calendar month may not be greater than Rbl 16,125 (in 2006, the figure was Rbl 15,000).

In 2007, the amount used to calculate the lumpsum insurance payment under obligatory social insurance against industrial accident and occupational diseases will make Rbl 46.9 thousand.

The maximum amount of the monthly insurance payment under obligatory social insurance against industrial accidents may not be greater than Rbl 36.0 thousand.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 230-FZ of December 18, 2006 "Civil Code of the Russian Federation. Part 4"

Part 4 of the Civil Code of the Russian Federation combines disseminated norms of the actual legislation on the copyright and allied rights, trade marks, legal protection of computer programs, norms of the patent law providing for a uniform legal regulation in the sphere of exclusive rights in the civil area. The Law is aimed at full codification of the legislative norms in the sphere of intellectual property.

The closing part of the Civil Code of the Russian Federation includes not only traditional but also new legal institutes in the sphere of intellectual property. In particular, for the first time the Russian legislation includes protection of exclusive right of the maker of the database for the content of such database. Also for the first time, the Law envisages protection of the exclusive allied right of the publishing party, i.e. the one of the citizen having made public for the first time the piece of literature, science or art that was not published in the copyright period and transferred, because of it, in the public domain or that was never covered by the copyright.

A novelty for the Russian legislation is also the right for the secret of production (know-how). The Law defines the signs of the secret of production, characterises the content of the exclusive right for it, envisages the particulars of the contract of alienation of the right for the secret of production and the appropriate license contract, as well as defines relations of the employer and the employee associated with the creation of the secret of production.

Part 4 of the Civil Code of the Russian Federation regulates in detail the legal regime of the corporate name of the legal entity. The grounds for the emerged exclusive right for the corporate name is the state registration of the legal entity it belongs to.

One more novelty is the right for the commercial brand which, in contrast to the corporate name personifying the legal entity, is intended for the personification of the enterprise (shop, restaurant, factory etc.) as a production unit. Commercial brands do not require registration and may be handed over to another person as the enterprise it is used to personify.

A new feature in the Russian legislation on intellectual property is the right to use the results of intellectual activities in the framework of a single technology. It implies the use of the multitude of exclusive rights for the results of intellectual activities created at the expense of or while attracting resources of the federal budget. Introduction of the right for technology is stipulated by the need to protect the interests of the state and developers in the cases of creation of technologies of the military, special and dual destination.

A number of norms of Part 4 of the Civil Code of the Russian Federation is dedicated to protection of copyright. The exclusive right for the result of creative activities emerges initially with its author and may be handed over by the author to another person, in particular, under a contract. It is envisaged that in case of creation of a service piece, the author is entitled for a reward from the employer even if the use of the piece was not started in the specified time limits. Levies do not apply to the exclusive right belonging to the author or executor. It is suggested that the publisher bears the duty to begin the use of the piece no later than the deadline specified in the licence contract. Violation of this duty implies an opportunity of a unilateral discontinuation of the contract at the initiative of the author without reimbursement to the publisher of incurred loses, as well as an opportunity to collect from the publisher the reward envisaged in the contract in full amount.

Great attention is paid to the characteristics and regulation of two main contracts providing for the turnover of rights for the objects of intellectual property - the contract of alienation of the exclusive right and the license contract providing the right of use of the result of intellectual property or the means of personification.

More stringent measures are envisaged for the "intellectual piracy". Violators of exclusive rights shall have their equipment and materials used to commit the crimes confiscated to be later destroyed at the expense of the violator. Enforced liquidation (termination of registration as entrepreneurs) may apply to the violators (organisations and entrepreneurs).

Federal Law No. 232-FZ of December 18, 2006 on the Amendments to the City Planning Code of the Russian Federation and Individual Legislative Acts of the Russian Federation

The amendments remove administrative barriers to increase the volumes of housing construction, as well as to improve the mechanisms of economic use of land plots for housing construction.

It is envisaged to hand over the authority in the sphere of control of observation by the bodies of local government of the legislation on the city planning activities from the Russian Federation to the bodies of state power of the subjects of the Russian Federation.

The Law refines the cases of the state construction enforcement. The state construction enforcement applies in construction, reconstruction and capital repair of objects only if the design documentation of such objects is subject to the state expert evaluation or is a typical design documentation or a modification thereof.

The list of specially hazardous, technically complicated and unique objects is reduced as compared to the one specified in the Decision of the Government of the Russian Federation No. 54 of February 1, 2006.

A number of changes are associated with the changes in the land legislation pertaining to opportunities of conclusion of contracts for development of built-up territories for the purpose of housing construction on such territories. The contract is concluded by the body of local government with the winner of the open auction. Individual changes are aimed at providing free land plots for housing construction, as well as providing for a public procedure of granting of land plots for construction.

Amendments are also introduced in the Civil Code of the Russian Federation, Code of Internal Water Transport of the Russian Federation, Code of Administrative Violations of the Russian Federation, the Housing Code of the Russian Federation, the Labour Code of the Russian Federation, the laws on the mortgage, veterinary, protection of population and territories against emergency situations of natural and technical nature, on the fire safety, on architectural activities, on the ecological expert evaluation, on the highway traffic safety and a number of other.

The Federal Law is entered into force from January 1, 2007 with exceptions where other time limits are envisaged for the entry into force.

Decision of the Government of the Russian Federation No. 775 of December 18, 2006 on the Amendments to the Rules of Obligatory Insurance of Civil Liabilities of Owners of Transport Vehicles Endorsed by the Decision of the Government of the Russian Federation No. 263 of May 7, 2003

The rules of obligatory insurance are being brought in compliance with the Decision of the Supreme Court of the Russian Federation No. &GKPI06-529 of July 10, 2006. The mentioned Decision invalidated individual provisions of the rules. The Decision was stipulated by the controversies between the rules and the Federal Law on obligatory insurance of civil liabilities of owners of transport vehicles. Thus, according to Item 70 of the rules, the insurer must draw up within 15 days from the day of receiving of the necessary documents an act of the insured case used to make the insurance payment to the victim or send a written notification of the full or partial refusal to pay indicating the reason of the refusal.

The Federal Law specifies other (reduced) time limits for making the insurance payment, namely, the insurer examines the application for the insurance payment within 15 days from the day of receiving of the necessary documents without indication that these must be the working days. As to the deadline to make the insurance payment, the indication in the rules of its payment within 3 working days from the day of taking the decision is not in compliance with Item 2 of Article 13 of the Federal Law, since it actually increased the deadline for making the insurance payment specified legislatively (15 days) to 18 working days.

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

Decision of the Government of the Russian Federation No. 766 of December 14, 2006 on the Licensing of Activities in the Sphere of Handling of Waste of Ferrous and Non-Ferrous Metals

Defines a new procedure of licensing of storage, processing and sale of waste of ferrous and non-ferrous metals carried out by legal entities and independent entrepreneurs. The procedure does not apply to the sale of waste of ferrous and non-ferrous metals generated with legal entities and independent entrepreneurs in the course of own production.

As before, the licensing of the mentioned activities is vested in the bodies of executive power of the subjects of the Russian Federation. The licensing requirements and terms for the storage, processing and sale of waste of ferrous and non-ferrous metals do not contain the requirements to the license holder to provide for control of radiation safety and explosive properties of the waste of metal and to have a copy of the license on each object of the license holder indicating the place of location of the given object.

The Decision refines the list of documents submitted to the licensing body. The new procedure does not contain an indication of the deadlines for the licensing body to take the decision to grant or refuse to grant the license. As before, the license is granted for 5 years with the right to prolong it. Introduction of the Summary Register of Licenses is vested in the Federal Agency of the Industry (earlier, the function was vested in the licensing body).

The Decision specifies the list of major violations of the license requirements and terms implying a liability specified in the legislation of the Russian Federation. The procedure of control over observation of license requirements and terms by the license holder is not specified as before.

Decisions of the Government of the Russian Federation having regulated earlier the procedure of licensing of storage, processing and sale of waste of ferrous and non-ferrous metals are invalidated.

Order of the Federal Tax Service No. SAE-3-19/824@ of December 1, 2006 on the Endorsement of the Procedure to Send to the Bank the Decision of the Tax Body to Suspend Operations on the Accounts of the Taxpayer (Payer of Fees) or the Tax Agent in the Bank and the Decision to Revoke the Suspension of Operations on the Accounts of the Taxpayer (Payer of Fees) or the Tax Agent in the Bank on Paper

From January 1, 2007, enters into force the amendments to the Tax Code of the Russian Federation refining the procedure of suspension of operations on the bank accounts of organisations and independent entrepreneurs to provide for the execution of the decision to collect the tax or fee.

In particular, the decision to suspend operations on the accounts of the taxpayer (payer of fees) or the tax agent must be handed over by the tax body to the bank on paper or in the electronic from, and the decision to revoke the suspension of operations on the accounts in the bank is handed in to the bank representative against his signature or is sent to the bank in the electronic from. Suspension of operations on the accounts shall take effect from the moment of receiving of the appropriate decision and remains in force until this decision is revoked.

According to the endorsed procedure, if it is impossible to send the mentioned decisions to the bank in the electronic from, they are sent by registered mail with a notification of acceptance or handed in by the tax body to the bank representative against his signature.

The moment of receiving of the decision of the tax body to suspend operations on the accounts in the bank is the date and time indicated in the notification of acceptance (if the decision is sent by registered mail) or the date and time indicated in the note of adoption of the decision (if the decision is handed in against the signature).

The Order is entered into force from January 1, 2007.

Registered in the Ministry of Justice of the Russian Federation on December 19, 2006. Reg. No. 8632.

Direction of the Central Bank of Russia No. 1747-U of November 24, 2006 on the Amendments to the Direction of the Bank of Russia No. 1376-U of January 16, 2004 on the List, Forms and Procedure of Drawing up and Submission of the Forms of Reports of Credit Organisations to the Central Bank of the Russian Federation

The main changes pertain to the changes in the currency legislation of the Russian Federation entered into force from January 1, 2007, changes to the algorithms of generation of reported figures and refining of the procedure of drawing up of a number of reporting forms by credit organisations.

Thus, invalidated are reporting forms 0409310 "Report of the Card Index to the Off-Balance Account 90902 "Outstanding Payment Documents", 0409667 "Report of Transfer and Return of Reserved Amounts" and their filling procedures. New wordings are provided for the reporting forms 0409302 "Information on Credits and Debts under Credits Handed out to Borrowers of Various Regions" (quarterly), 0409652 "Operative Report of the Flow of Resources in Foreign Currencies on Transit Currency Accounts of Residents" (daily), 0409664 "Report of Currency Operations on the Bank Accounts, Accounts of Deposits of Clients in the Authorised Banks" (monthly), 0409802 "Consolidated Balance Report" (quarterly, annual), 0409902 "Report of the Residues on the Accounts of Incomes Distributed among the Levels of the Budget System of the Russian Federation and Resources of the Federal Budget" (decade), 0409906 "Report of the Number of Accounts of Resources of Budgets of All Levels of the Budget System of the Russian Federation and Resourc es from Entrepreneurial and Other Profitable Activities" (annual) and 0409907 "Report of the Residues on the Accounts of Resources of Budgets of All Levels of the Budget System of the Russian Federation and Resources from Entrepreneurial and Other Profitable Activities" (annual).

Amendments are also introduced in 8 other forms of reports (0409115, 0409135, 0409354, 0409405, 0409601, 0409803, 0409805, 0409904), 29 their filling procedures.

The Direction is entered into force and applies to the drawing up and submission of reporting forms by credit organisations from January 1, 2007 except for the form 0409302 "Information on Credits and Debts under Credits Handed out to Borrowers of Various Regions" which is drawn up and submitted from April 1, 2007.

Registered in the Ministry of Justice of the Russian Federation on December 18, 2006. Reg. No. 8630.

Order of the Federal Service for Financial Markets No. 06-67/pz-n of June 22, 2006 on the Endorsement of the Regulation on Submission of Information on Committed Transactions

Specifies the requirements to brokers, dealers, managers, joint-stock investment funds, as well as the management companies of investment funds, shared investment funds and non-state pension funds, on submission of information on the purchase-and-sale transactions (except for the repo transactions) committed by them in other than the tenders of trade organisers (ex-pit transactions), as well as to stock exchanges on the procedure of obtaining of information on ex-pit transactions and the keeping of the register of ex-pit transactions.

Defines the terms of the ex-pit transaction obligatory for reporting: the subject of the transaction must be securities included in the quotation list of at least one stock exchange; execution of obligations under the transaction must envisage a transfer of the proprietary right for the securities.

Endorses the composition of information on the ex-pit transaction that must be submitted to any one stock exchange.

Specifies the deadlines for submission of the mentioned information: no later than 15 minutes after the moment of committing of the ex-pit transaction if the transaction is committed in the period beginning from one hour preceding the beginning of the tenders of the current trade day till 18 hours of the current trade day; no later than one hour ahead of the beginning of the tenders if the ex-pit transaction is concluded in the period from 18 hours of the previous trade day till the hour preceding the beginning of the tenders. The mentioned deadlines shall apply from July 1, 2007. Before this date, information on the transactions committed in other than the tenders of trade organisers must be submitted to the stock exchange no later than 18 hours of the following working day after the day of conclusion of the mentioned transaction.

Introduces the right of the stock exchange to specify independently the procedure of submission of information on ex-pit transactions. Obtained information shall be registered by the stock exchange in the register of ex-pit transactions and shall send, at the demand of the persons having provided it, to them an excerpt from the register of ex-pit transactions with information on the mentioned transaction indicating the registration number assigned to it.

Registered in the Ministry of Justice of the Russian Federation on December 18, 2006. Reg. No. 8620.

Order of the Ministry of Justice of the Russian Federation No. 356 of December 8, 2006 on the Endorsement of the Instruction on the Registration of Personal Money and Other Values Owned by the Convicts, Suspects and the Accused of the Corrective Institutions and Investigation Isolation Wards of the Federal Service of Execution of Punishments

According to the available rules of detention of convicts, suspects and the accused in corrective institutions and investigation isolation wards, the money and other values owned by the mentioned categories of citizens are handed in by them on the voluntary basis to the administration of the institution for saving. The monetary resources are entered on the personal accounts of the convicts (suspects, accused). The given accounts are also used to transfer the money earned in the institution, received by transfer or through the bank, transferred to the cash department of the institution on the personal account of the convict by other persons.

The endorsed Instruction defines the procedure of entry of the personal money of the convict (suspect, accused) on the personal account, its transfer and writing off, rules of registration and storage of personal values (precious metals, stones and items of them, watches, securities, foreign currencies), procedure of control of the flow of personal money and values.

Getting personal money from the cash department of the institution for the convicts (suspects, accused) is permitted only in case of his liberation of transfer to a colony on less stringent terms of detention. The handing out of the values to owners is permitted at their liberation or change of the measure of restraint.

Registered in the Ministry of Justice of the Russian Federation on December 18, 2006. Reg. No. 8610.

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