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 29.02.2008

Decision of the Government of the Russian Federation No. 33 of January 30, 2008 on the Amendment to Item 1 of the Decision of the Government of the Russian Federation No. 769 of November 10, 2007

Executive bodies of state power of the Russian Federation are permitted to conclude agreements with economic subjects producing foodstuffs and/or selling them to envisage measures to reduce and/or maintain the prices for individual types of socially significant commodities until April 30, 2008.

Order of the Ministry of Finance of the Russian Federation No. 147n of December 25, 2007 on the Amendments to the Accounting Regulation PBU 3/2006 "Registration of Assets and Liabilities in Foreign Currencies"

Introduces a new rule permitting to recalculate, in the presence of insignificant changes of the official rate of the foreign currency to the rouble, the cost of assets or liabilities expressed in foreign currencies into roubles at the average rate for the month or a shorter period.

Information of the Department of External and Public Relations of the Central Bank of Russia of February 1, 2008

To restrain inflation and reduce the dynamics of the monetary mass, the Bank of Russia changes the rate of refinancing, interest rates for operations carried out by the Bank of Russia and normatives of obligatory reserves.

Decision of the Government of the Russian Federation No. 40 of January 30, 2008 on the Invalidation of Some of the Decisions of the Government of the Russian Federation on the Issue of Creation of Tax Posts

Invalidates the Decision of the Government of the Russian Federation envisaging creation of permanent tax posts in organisations producing ethyl alcohol.

Decision of the Constitutional Court of the Russian Federation No. 2-P of January 31, 2008 on the Compliance with the Constitution of the Russian Federation of the Provision of Item 2 of Article 14 of the Federal Law No. 122-FZ of August 22, 2004 on the Amendments to Legislative Acts of the Russian Federation and on Invalidation of Some of the Legislative Acts of the Russian Federation pursuant to Adoption of the Federal Laws on the Amendments to the Federal Law on the General Principles of Organisation of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation and on the General Principles of Organisation of Local Government in the Russian Federation

Recognised as not complying with the Constitution of the Russian Federation the provision of the Federal Law No. 122-FZ of August 22, 2004 having changed the mechanism of legal regulation of the procedure of providing dwelling space to judges needing improvement of housing conditions.

Decree of the President of the Russian Federation No. 130 of February 4, 2008 on the Introduction of the Day of Lawyer

Introduces a new professional holiday - Day of Lawyer - to be celebrated on December 3.

Order of the Ministry of Finance of the Russian Federation No. 162n of December 29, 2007 on the Endorsement of the Form of the Tax Declaration for the Incomes Tax from Natural Persons (Form 3-NDFL) and Its Filling Procedure

Endorses a new form of the declaration on the tax on incomes of natural persons (form 3-NDFL), as well as its filling procedure. The new wording is stipulated by introduction of some changes entering into force from January 1, 2008.

Order of the Ministry of Finance of the Russian Federation No. 163n of December 29, 2007 on the Endorsement of the Form of the Tax Declaration for the Uniform Social Tax for Taxpayers Making Payments to Natural Persons and Its Filling Procedure

The Federal Law No. 216-FZ of July 24, 2007 adjusted the procedure of calculation and payment of the uniform social tax by the persons making payments to natural persons.

Direction of the Central Bank of Russia No. 1975-U of February 1, 2008 on the Amount of the Rate of Refinancing of the Bank of Russia

To restrain inflation and reduce the dynamics of the monetary mass, the rate of refinancing of the Bank of Russia is increased from February 4, 2008 from 10% to 10,25% annual.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 123 of December 18, 2007 on Some Issues Pertaining to Application of the Provisions on the Calculation of the Amounts of Tax Due from Independent Entrepreneurs Using the Simplified System of Taxation or the System of Taxation in the Form of the Uniform Imputed Income Tax

According to the Tax Code of the Russian Federation, taxpayers using the simplified system of taxation with the object of taxation "incomes" are entitled for an exemption to within 50% of the amount of tax, in particular, amount of insurance contributions for obligatory pension insurance paid for the same period of time.

Direction of the Central Bank of Russia No. 1973-U of February 1, 2008 on the Interest Rates for the Deposit Operations of the Bank of Russia

Pursuant to the increase of the rate of refinancing of the Bank of Russia, increases from February 4, 2008 the fixed interest rates for the deposit operations of the Bank of Russia carried out with credit organisations in the currency of the Russian Federation.

Direction of the Central Bank of Russia No. 1971-U of February 1, 2008 on the Interest Rates for the Credits of the Bank of Russia

Beginning with February 4, 2008, the interest rate for the secured credits of the Bank of Russia is fixed in the amount of 9.25% annual, for the lombard credits of the Bank of Russia granted for one calendar day, in the amount of 8.25% annual.

Direction of the Central Bank of Russia No. 1970-U of February 1, 2008 on the Normatives of Obligatory Reserves (Reserve Claims) of the Bank of Russia

From March 1, 2008, the normative of obligatory reserves of credit organisations in obligations to non-resident banks in the Russian and foreign currencies is increased from 4.5% to 5.5%, in obligations to natural persons in the currency of the Russian Federation, from 4% to 4.5%, in other obligations in the Russian and foreign currencies, from 4.5% to 5%.

Decision of the Government of the Russian Federation No. 48 of February 5, 2008 on the Endorsement of the Rate of the Import Customs Duty for Sticking Paper and Paperboard

Endorses on the permanent basis the rate of the import customs duty for sticking paper and paperboard (code according to the Foreign Trade Commodity Nomenclature of Russia 4811 41 900 0) in the amount of 5% of the customs cost.

Direction of the Central Bank of Russia No. 1972-U of February 1, 2008 on the Amendments to the Direction of the Bank of Russia No. 1601-U of August 5, 2005 on the Terms for the Bank of Russia to Grant Credits to Credit Organisations Secured with Promissory Notes, Claims Rights under Credit Contracts of Organisations or Guarantees of Credit Organisations

Specifies new interest rates for the credits of the Bank of Russia secured with promissory notes, claims rights under credit contracts of organisations or guarantees of credit organisations.

Letter of the Central Bank of Russia No. 11-T of January 31, 2008 on the Reduced Corporate Name of the Credit Organisation

When the credit organisation uses the words "bank" ("non-bank credit organisation") in its full corporate name, there is no need to repeat them in the reduced corporate name.

Decision of the Government of the Russian Federation No. 53 of February 7, 2008 on the Import to the Customs Territory of the Russian Federation of Products Subject to Obligatory Confirmation of Compliance

Endorses the rules of import to the customs territory of the Russian Federation of products subject to obligatory confirmation of compliance.

Decision of the Government of the Russian Federation No. 52 of February 7, 2008 on the Procedure of Conveying of Cadastral Cost of Land Plots to Taxpayers

Information on the cadastral cost of land plots in the form of cadastral number of the object of immovable property and its cadastral cost is provided free of charge to the written application of the taxpayer by the territorial bodies of the Federal Agency of Cadastre of Objects of Immovable Property.

Decision of the Government of the Russian Federation No. 47 of February 5, 2008 on the Cost of Living in Per Capita Figures and for the Main Socio-Demographic Groups of Population for the Whole of the Russian Federation for the III quarter of 2007

Fixes the above figures for the whole of the Russian Federation for the III quarter of 2007.

Order of the Ministry of Agriculture of the Russian Federation No. 678 of December 29, 2007 on the Amendments to the Order of the Ministry of Agriculture of Russia No. 569 of June 26, 2000

Introduces appropriate adjustments to the procedure of issue of long-term licenses for the use of objects of fauna included in objects of hunting.

Federal Law No. 2-FZ of February 11, 2008 on the Ratification of the Agreement between the Government of the Russian Federation and the Cabinet of Ministers of the Ukraine on the Prolongation of the Period of Operation of the Missile Complex 15P118M

The ratified agreement was signed in Moscow on February 21, 2006 to prolong the period of operation of the missile complexes 15P118M produced in cooperation by the enterprises of the Russian Federation and the Ukraine.

Federal Law No. 1-FZ of February 11, 2008 on the Denunciation of the Agreement between the Government of the Russian Federation and the Government of the Ukraine on the Means of Systems of Warning of the Missile Attack and Control of the Outer Space

Denounces the Agreement between the Government of the Russian Federation and the Government of the Ukraine on the means of systems of warning of the missile attack and control of the outer space signed in Kiyev on February 28, 1997.

Order of the Ministry of Economic Development of the Russian Federation No. 454 of December 24, 2007 on the Amendments to the Procedure of Coordination of the Carrying out of the Closed Contest, Closed Auction, Opportunities of Concluding of the State or Municipal Contract with the Sole Supplier (Executor, Contractor) Endorsed by the Order of the Ministry of Economic Development of Russia No. 124 of May 3, 2006

Extends the requirements to the appeal for coordination of opportunities of concluding of the state or municipal contract with the sole supplier (executor, contractor), as well as the list of documents attached to the appeal.

Order of the Federal Tax Service No. MM-3-13/20@ of January 24, 2008 on the Procedure of Development of Draft Tax Declarations (Estimates) and Other Documents Serving As Grounds for the Calculation and Payment of Taxes and Fees

Specifies the procedure of development (changing), coordination and endorsement of draft forms and filling procedures for the above documents.

Federal Law No. 4-FZ of February 13, 2008 on the Reorganisation of the Courts of General Jurisdiction of the Kamchatka Province and the Koryak Autonomous District Pursuant to the Forming of the Kamchatka Territory

Creates the Kamchatka Territory Court, with Kamchatka Province Court and the Court of the Koryak Autonomous District being abandoned while handing over the issues of their jurisdiction to the Kamchatka Territory Court.

Decision of the Government of the Russian Federation No. 64 of February 9, 2008 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Individual Types of Metal Working Equipment

To stimulate the technical modernisation of the metal working industry, reduces to zero (for 9 months) the rates of import customs duties for metal working equipment.

Decision of the Government of the Russian Federation No. 43 of February 2, 2008 on the Endorsement of the Rates of Import Customs Duties for Individual Types of Used Motor Transport Vehicles

From February 1, 2008, introduces on the permanent basis a reduced rate of import customs duty for transport vehicles intended for carrying from 10 to 120 persons, 5 to 7 years old.

Order of the Ministry of Finance of the Russian Federation No. 3n of January 14, 2008 on the Endorsement of Strict-Reporting Forms

Endorses new strict-reporting forms: "Mortgage Ticket", "Deposit Slip". The forms are used by pawnshops when rendering services to the population.

Decree of the President of the Russian Federation No. 137 of February 6, 2008 on the Some Issues of the State Regulation of Fees for the Air Navigation Services to Users of the Air Space of the Russian Federation

To improve the state regulation of tariff rates (fees) for the services in the sphere of civil aviation, hands over the function of determination of the rates of fees for the air navigation services for users of the air space of the Russian Federation to the Federal Service for Tariff Rates of Russia.

Direction of the Central Bank of Russia No. 1966-U of January 25, 2008 on the Amendments to Item 1 of the Direction of the Bank of Russia No. 1430-U of May 25, 2004 on the Amount of Payment for the Right of Use of Intraday Credits

The amendments are stipulated by the endorsement of the Regulation on the procedure of granting intraday, overnight and other credits secured with assets by the Bank of Russia to credit organisations

Order of the Federal Customs Service No. 1665 of December 29, 2007 on the Endorsement of the Procedure of Committing of Individual Customs Operations When Using the Customs Regime of Moving of Stocks

When importing to the Russian Federation commodities remaining aboard the sea (river) vessel, air vessel, they may be declared with standard carrier documents if these contain information on all names and quantities of operational, consumer and/or sold stocks, as well as the customs cost of the sold stocks.

Decision of the Government of the Russian Federation No. 74 of February 15, 2008 on the Temporary Prohibition to Export Wheat and Meslin Exported from the Territory of the Russian Federation to the Member-States of the Customs Union Agreements

Introduces a temporary prohibition for the export of wheat and meslin (code according to the Foreign Trade Commodity Nomenclature 1001) exported from the territory of the Russian Federation to the member-states of the Customs Union agreements.

Order of the Federal Tax Service No. MM-3-09/11@ of January 17, 2008 on the Endorsement of the Forms of Reports of Taxpayers of Information Envisaged in Items 2, 3 of Article 23 of the Tax Code of the Russian Federation

The taxpayers out of organisations and independent entrepreneurs must report to the tax body in writing at the place of location of the organisation or the place of residence of the independent entrepreneur the following information: the opening or closing of the accounts (personal accounts); all cases of participation in Russian and foreign organisations; all separate divisions created on the territory of the Russian Federation; reorganisation or liquidation of the organisation.

Decision of the Government of the Russian Federation No. 94 of February 16, 2008 on the Types of Control in the Points of Transfer through the State Border of the Russian Federation

In addition to the border and customs control in the points of transfer through the state border of the Russian Federation, the following types of control shall be also implemented: sanitary quarantine; veterinary and phytosanitary quarantine; transportation; control over execution by the owners of transport vehicles of the duty to insure civil liabilities

Decision of the Government of the Russian Federation No. 71 of February 14, 2008 on the Endorsement of the Typical Regulation on the Institution of Higher Professional Education

The new Regulation specifies the rules of admission, defines the procedure of educational, scientific, international and foreign trade activities, procedure of management, specifies the rights and duties of students and employees, regulates the issues of training of the teaching and research staff and professional development.

Letter of the Federal Tax Service No. ShS-6 3/115@ of February 19, 2008 on the Information Necessary for the Calculation of the Tax on Extraction of Mineral Resources for Oil for January 2008

Provides information necessary for the calculation of the tax on extraction of mineral resources for oil for January 2008.

Order of the Ministry of Information Technologies and Communication of the Russian Federation No. 3 of January 9, 2008 on the Endorsement of the Form of Excerpt from the Register of Accredited Organisations Engaged in Activities in the Sphere of Information Technologies

When organisations engaged in activities in the sphere of information technologies get state accreditation and are entered in the appropriate register, they get an excerpt from the register.

Direction of the Central Bank of Russia No. 1979-U of February 14, 2008 on the Interest Rate for Credits Secured with Assets

The interest rate for the credits secured with assets and granted for the period up to 30 calendar days inclusive is fixed in the amount of 9.25% annual.

Decision of the Government of the Russian Federation No. 101 of February 19, 2008 on the Endorsement of the Rates of Import Customs Duties for Medical Units

To support the medical industry, the rates of import customs duties for other assembly structures of ferrous metals (other than greenhouses), as well as of other materials (other than wood and ferrous metals) intended for medical uses are reduced from 20% to 5% of the customs cost for 9 months.

Decision of the Government of the Russian Federation No. 80 of February 16, 2008 on the Endorsement of the Regulation on the Licensing of Audit Activities

Introduces a new procedure of licensing of audit activities.

Order of the Central Bank of Russia No. OD-101 of February 14, 2008 on the Credits Secured with Assets to Be Granted by the Bank of Russia to Credit Organisations

Defines the list of territorial institutions of the Bank of Russia entitled to conclude general credit contracts for the credits of the Bank of Russia secured with assets.

Decision of the Government of the Russian Federation No. 87 of February 16, 2008 on the Composition of Sections of the Design Documentation and Requirements to Their Content

Endorses the Regulation defining the composition of sections of the design documentation for various types of objects of capital construction and for individual stages of construction, reconstruction and capital repair of these objects, as well as the requirements to the content of the sections of the appropriate design documentation.

Order of the Ministry of Justice of the Russian Federation No. 34 of February 20, 2008 on the Endorsement of the Forms of Applications on the State Cadastral Registration of Immovable Property

Endorses the forms of the following applications: on the cadastral registration of objects of immovable property; on the state cadastral registration of changes of objects of immovable property; on the removal from state cadastral records of the object of immovable property.

Order of the Ministry of Justice of the Russian Federation No. 32 of February 18, 2008 on the Endorsement of the Forms of Cadastral Certificates of Buildings, Structures, Objects of Unfinished Construction, Rooms, Land Plots

Endorses the forms of cadastral certificates of buildings, structures, objects of unfinished construction, rooms, land plots.

Decision of the Government of the Russian Federation No. 110 of February 21, 2008 on the Lists of Points of Transfer through the State Border of the Russian Federation Specially Equipped and Intended for the Import to the Territory of the Russian Federation of Commodities, Chemical, Biological and Radio Active Substances, Waste and Other Cargo Hazardous for the Human Being, Foodstuffs, Materials and Items

Specifies the rules of determination of the lists of points of transfer through the state border of the Russian Federation specially equipped and intended for the import to the territory of the Russian Federation of commodities, chemical, biological and radio active substances, waste and other cargo hazardous for the human being, foodstuffs, materials and items.

Decision of the Government of the Russian Federation No. 109 of February 21, 2008 on the Lists of the Points of Transfer through the State Border of the Russian Federation Specially Equipped and Intended for the Import to the Territory of the Russian Federation of Animals, Products of Animal Breeding and Fodders, Products (Materials, Cargo) Subject to Quarantine Measures

The import to the territory of the Russian Federation of animals, products of animal breeding, fodders, as well as plants, products of vegetable origin, containers, packages, soil or other organisms, objects and materials that may carry detrimental organisms or promote their dissemination is permitted in specially equipped and intended for these purposes points of transfer through the state border of the Russian Federation.

Order of the Federal Tax Service No. ShT-3-6/67@ of February 18, 2008 on the Amendment to the Format for Submission of Tax Declarations, Accounting Reports and Other Documents Serving As Grounds for the Calculation and Payment of Taxes and Fees in the Electronic Form (Version 3.00)

Introduces a new version of Part VIII Composition and Structure of Figures of the Tax Declaration for the Uniform Social Tax for Taxpayers Making Payments to Natural Persons (version 3.00003) of the format for submission of tax declarations, accounting reports and other documents serving as grounds for the calculation and payment of taxes and fees in the electronic form (version 3.00).

Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 14 of February 14, 2008 on the Amendments to the Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 17 of March 12, 2007 on the Application of the Code of Arbitration Procedures of the Russian Federation When Revising Court Rulings Having Entered into Force Because of the Newly Revealed Circumstances

According to the amendments, the newly revealed circumstances permit to revise a court ruling adopted on the basis of provisions of the legislation where the practice of application after its adoption is defined by the Higher Arbitration Court of the Russian Federation in the decision of the Plenum or Presidium of the Higher Arbitration Court of the Russian Federation, including the one adopted as a result of processing of another case according to the enforcement procedure.

Decision of the Government of the Russian Federation No. 77 of February 16, 2008 on the Endorsement of the Rules of Registration in the Points of Transfer through the State Border of the Russian Federation of Foreign Citizens and Stateless Persons Entering the Territory of the Russian Federation (Including Those Seeking Asylum), Travelling in Transit through the Territory of the Russian Federation and the Rules of Interaction of the Bodies of the Border Control and the Bodies of Immigration Control

The bodies of border control must hand over within one day to the bodies of immigration control information on the facts of entry of a foreign citizen (stateless person) to the territory of the Russian Federation, exit from the territory of the Russian Federation (including the transit travel through the territory of the Russian Federation), as well as the following information on the foreign citizen (stateless person): type and details of the personal identification document; type and details of the document confirming the right of stay (residence) in the Russian Federation (including the transit travel through the territory of the Russian Federation); full name; date and place of birth; sex; citizenship; goal of entry to the Russian Federation; declared time of stay (residence) in the Russian Federation.

Decision of the Government of the Russian Federation No. 89 of February 16, 2008 on the Endorsement of the Rules of Issue of Russian Permissions to Foreign Carriers, As Well As Foreign and Multilateral Permissions to Russian Carriers

To determine the annual demand for foreign permissions and multilateral permissions, Russian carriers shall submit applications to the points of issue of permissions. The application to determine the demand for foreign permissions is submitted at least 3 months in advance, and for the multilateral permissions, at least 5 months in advance of the beginning of the following year.

Decision of the Government of the Russian Federation No. 85 of February 16, 2008 on the Endorsement of the Regulation on the Permission for the Right of Navigating under the Flag of a Foreign State over Internal Waterways of the Russian Federation

Regulates the procedure for the vessels under the flag of a foreign state to obtain the permission for the right of navigation over the internal waterways of the Russian Federation, including the one for transit purposes.

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