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 30.06.2009

Order of the Ministry of Finance of the Russian Federation No. 36n of April 23, 2009 on the Endorsement of the Procedure for the Federal Treasury and Its Territorial Bodies to Submit Representations to Suspend Operations in the Currency of the Russian Federation on the Accounts Opened to Participants of the Budget Process in Institutions of the Central Bank of the Russian Federation and Credit Organisations in Violation of the Budget Legislation of the Russian Federation

Specifies a new procedure of interaction of the departments of the Federal Treasury with divisions of the payment network of the Bank of Russia and credit organisations.

Order of the Federal Tax Service No. MM-7-6/252@ of April 21, 2009 on the Endorsement of the Forms of Taxpayer Reports for Information Envisaged in Items 2, 3 of Article 23 of the Tax Code of the Russian Federation

Organisations and independent entrepreneurs must report in writing to the tax body the opening or closing of accounts, all cases of participation in Russian and foreign organisations, creation of all separate divisions in the Russian Federation, reorganisation or liquidation of the organisation.

Order of the Federal Service of State Registration, Cadastre and Cartography No. 13 of May 5, 2009 on the Invalidation of the Order of the Federal Registration Service No. 60 of April 25, 2007 on the Endorsement of the Specimens of Documents Necessary for the State Registration of a Political Party and Its Regional Division

Invalidates the Order of the Federal Registration Service having endorsed the specimens of documents necessary for the state registration of a political party and its regional division.

Letter of the Federal Tax Service No. VE-22-3/402@ of May 18, 2009 on the Information Necessary for the Calculation of the Tax on Extraction of Mineral Resources for April 2009

Provides information for the calculation of the tax on extraction of mineral resources for April 2009.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 276n of May 27, 2009 on the Procedure of Forming of the Draft List of Vital and Most Important Medicines

The state shall regulate the prices for the vital and most important medicines by registration of the limiting manufacture prices and fixing the limiting mark-ups.

Order of the Federal Service for Financial Markets No. 09-13/pz-n of April 9, 2009 on the Amendments to the Rules of Brokerage Activities for Transactions at the Securities Market Using Monetary Resources and/or Securities Handed over by the Broker in Loan to the Client (Margin Transactions) Endorsed by the Order of the Federal Service for Financial Markets of Russia No. 06-24/pz-n of March 7, 2006

Refines the rules of brokerage activities when transactions at the securities market are committed using monetary resources and/or securities handed over by the broker to the client in loan (margin transactions).

Federal Constitutional Law of the Russian Federation No. 2-FKZ of June 2, 2009 on the Amendments to the Federal Constitutional Law on the Constitutional Court of the Russian Federation

Changes the procedure of empowering with authority of the Chairman of the Constitutional Court of the Russian Federation and his deputies.

Federal Law of the Russian Federation No. 100-FZ of June 2, 2009 on the Amendment to Article 6 of the Law of the Russian Federation on the Status of Judges in the Russian Federation

Refines the procedure of empowering with authority of the Chairman of the Constitutional Court of the Russian Federation.

Decision of the Government of the Russian Federation No. 462 of June 1, 2009 on the Amendments to the Rules of the Wholesale Market of Electric Power in the Transient Period

Adjusts some provisions of the rules of the wholesale market of electric power in the transient period.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 277n of May 27, 2009 on the Monitoring of Prices and the Variety of Medicines in Stationary Treatment and Prevention and Apothecary Institutions (Organisations) of the Russian Federation

Introduces a monthly monitoring of prices and variety of medicines in the stationary treatment and prevention and apothecary organisations to ensure affordability of medicines.

Information of the Central Bank of Russia of June 4, 2009

From June 5, 2009, the rate of refinancing of the Central Bank of Russia is reduced from 12% to 11.5% annual.

Federal Law No. 121-FZ of June 3, 2009 on the Amendments to Individual Legislative Acts of the Russian Federation Pursuant to the Adoption of the Federal Law on Activities of Acceptance of Payments of Natural Persons Carried out by Paying Agents

Specifies the terms of acceptance of payments from natural persons by bank paying agents - organisations not being credit organisations and independent entrepreneurs.

Federal Law No. 120-FZ of June 3, 2009 on the Amendment to Article 219 of Part 2 of the Tax Code of the Russian Federation

Extends the list of taxpayers enjoying a social exemption for the income tax from natural persons in the amount of expenses for studies.

Federal Law No. 118-FZ of June 3, 2009 on the Amendment to Article 14 of the Federal Law on the Main Guarantees of Rights of Children in the Russian Federation

Children under 18 years of age are subject to restrictions pertaining to access to printed, audio a video products not recommended for them.

Federal Law No. 117-FZ of June 3, 2009 on the Amendments to Article 217 of Part 2 of the Tax Code of the Russian Federation

Extends the list of incomes exempted from the income tax from natural persons.

Federal Law No. 116-FZ of June 3, 2009 on the Amendments to Article 15 of the Federal Law on the Retail Market Places and on the Amendments to the Labour Code of the Russian Federation

Companies managing market places must provide facilities for sale of agricultural products of farmers.

Federal Law No. 115-FZ of June 3, 2009 on the Amendments to the Federal Law on Joint-Stock Companies and Article 30 of the Federal Law on the Securities Market

The goal of the Law is creation of a mechanism of resolving of deadlock situations.

Federal Law No. 114-FZ of June 3, 2009 on the Amendments to the Federal Law on the Additional Social Support of Members of Crews of Air Vessels of Civil Aviation

Refines the procedure and time limits of payment of contributions of organisations using flight crews to increase pensions of civil pilots.

Federal Law No. 113-FZ of June 3, 2009 on the Ratification of the Agreement on Cooperation of CIS Member-States in the Combating of Stealing of Motor Vehicles and Ensuring Their Return

Ratifies the Agreement on cooperation of CIS member-states in the combating of stealing of motor vehicles and ensuring their return.

Federal Law No. 112-FZ of June 3, 2009 on the Amendment to Article 28.7 of the Code of Administrative Violations of the Russian Federation

Envisages opportunities of carrying out of administrative investigations in the cases of violation of the migration legislation.

Federal Law No. 111-FZ of June 3, 2009 on the Amendment to Article 20 of the Criminal Execution Code of the Russian Federation

Provisions of the Criminal Execution Code of the Russian Federation on the judicial control are being brought in compliance with the Code of Criminal Procedures of the Russian Federation.

Federal Law No. 108-FZ of June 3, 2009 on the Amendments to Individual Legislative Acts of the Russian Federation Pursuant to the Reduction of the Number of Signatures of the Electorate in Support of the Federal Lists of Candidates for Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation and Refining of the Grounds of Registration of Candidates, Lists of Candidates for Elections of the Bodies of State Power and Bodies of Local Government

Decision is taken on the stepwise reduction of the number of signatures of the electorate.

Federal Law No. 105-FZ of June 3, 2009 on the Invalidation of Individual Provisions of Legislative Acts of the Russian Federation on the Legal Status of Foreign Citizens in the Russian Federation

Invalidates the provisions having permitted to revoke permissions for temporary stay if the quotas are exhausted.

Federal Law No. 104-FZ of June 3, 2009 on the Amendments to the Code of Administrative Violations of the Russian Federation Pertaining to Administrative Responsibility for the Violation of the Legislation of the Russian Federation in the Sphere of Education and Article 12 of the Law of the Russian Federation on Education

Prohibits from December 1, 2009 educational activities in representations of the educational institution.

Federal Law No. 103-FZ of June 3, 2009 on the Activities of Acceptance of Payments of Natural Persons Carried out by Paying Agents

Adoption of the Law is stipulated by the absence of regulation in the given sphere of activities.

Federal Law No. 102-FZ of June 3, 2009 on the Report of the Government of the Russian Federation and Information of the Central Bank of the Russian Federation on the Implementation of Measures of Support of the Financial Market, Banking System, Labour Market, Sectors of the Economy of the Russian Federation, Social Support of Population and Other Measures of the Social Policy

The Government of the Russian Federation must submit a report, and the Bank of Russia, information on the implementation of the anti-crisis measures.

Federal Law No. 101-FZ of June 3, 2009 on the Ratification of the European Social Charter (Revised) of May 3, 1996

Ratification of the Charter fulfils one of the obligations of the Russian Federation assumed when joining the Council of Europe.

Decision of the Higher Arbitration Court of the Russian Federation No. VAS-3454/09 of May 21, 2009 on the Invalidation of Sheet 02 Pertaining to the Figure Shown in Line 050 and Appendix 3 to Sheet 02 Pertaining to the Figures Shown in Line 290 and Line 360 of the Tax Declaration for the Profit Tax from Organisations Endorsed by the Order of the Ministry of Finance of Russia No. 54n of May 5, 2008 on the Endorsement of the Form of the Tax Declaration for the Profit Tax from Organisations and Its Filling Procedure

Individual provisions of the form of the tax declaration for the profit tax do not comply with the Tax Code of the Russian Federation.

Order of the Ministry of the Industry and Trade of the Russian Federation No. 329 of April 28, 2009 on the Endorsement of the Procedure of Publication and Entry into Force of the Acts of the Ministry of the Industry and Trade of the Russian Federation Recognised by the Ministry of Justice of the Russian Federation As Not Needing the State Registration

The acts of the Ministry of the Industry and Trade of Russia not needing the state registration must be published officially in the journal Energiya Promyshlennogo Rosta.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-08/43 of May 27, 2009 on the Application of Written Explanations of the Ministry of Finance of Russia on the Issues of Application of the Legislation of the Russian Federation on Taxes and Fees

Letters of the Ministry of Finance of Russia are not normative legal acts and must not be published officially. They may not be regarded as official comments to the Tax Code of the Russian Federation.

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 12010/08 of May 12, 2009

The limiting amount of incomes permitting taxpayers to apply the simplified system of taxation must be indexed taking into account the changes in consumer prices.

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 15956/08 of April 21, 2009

Renews investigation of the case of restriction of competition of suppliers of foodstuffs.

Order of the Federal Service for Tariff Rates No. 103-e/1 of May 29, 2009 on the Amendments to the Rules of Determination of the Cost of Electric Power Supplied at the Retail Market at Regulated Prices (Tariff Rates), Payment for the Deviation of the Actual Volumes of Consumption from Contractual Ones, As Well As the Reimbursement of Expenses Because of the Change of Contractual Volume of Consumption of Electric Power Endorsed by the Order of the Federal Service for Tariff Rates of Russia No. 166-e/1 of August 21, 2007

Changes the procedure of calculation of the coefficient of distribution of eclectic power supplied at the retail market at regulated prices by guaranteed suppliers being the subjects of the wholesale market, guaranteed suppliers not being such subjects, power supply and power sale organisations.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/2-97 of June 3, 2009

The date of submission of the tax declaration over telecommunication channels is the date of its sending as recorded in the confirmation of the specialised communication operator.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-04-05-01/402 of June 2, 2009

According to the Ministry of Finance, the Tax Code of the Russian Federation does not provide for an exemption for the income tax from natural persons in the case of purchase of rights for an apartment in the house under contraction under the rights cession contract.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/1-275 of May 27, 2009

The Tax Code of the Russian Federation specifies an exhaustive list of reasons permitting to grant a respite or extension schedule for the payment of tax or fee.

Order of the Ministry of Regional Development of the Russian Federation No. 210 of June 10, 2009 on the Standard Value of One Square Metre of Dwelling Premises Total Area for the Second Half of the Year 2009 and the Average Market Value of One Square Metre of Dwelling Premises Total Area for the Subjects of the Russian Federation for Quarters 2 and 3 of the Year 2009

Due to a price fall on the housing market a new average market value of 1 sq. m of dwelling premises total area is established for the subjects of the Russian Federation for Quarters 2 and 3 of 2009. It is equal to that of Quarter 1 of 2009. For instance, the market value of 1 sq. m is as follows: 73,800 roubles in Moscow, 44,300 roubles in St.Petersburg, 35,900 roubles in Tver Region, 31,800 roubles in Maritime Territory. The average per square metre value of dwelling premises is used to calculate the social allowances payable to those who relocate from Extreme North areas and the areas qualifying as such so that they buy housing for them. The rate of disbursement towards acquisition of living quarters for other categories of citizens (like servicemen, forced migrants or the citizens exposed to radiation) is calculated on the basis of the standard value of 1 sq. m of dwelling premises total area for Russia. This rate keeps unchanged at 26,500 roubles.
      The Order takes effect when officially published. Registered by the Ministry of Justice of the Russian Federation. Registration No. 14066 of June 10, 2009.

Decision of the Plenary Session of the Higher Arbitration Court of the Russian Federation No. 36 of May 28, 2009 on the Application of the Arbitration Procedural Code of the Russian Federation in the Hearing of Cases by an Appellate Arbitration Court

Clarification is provided on some issues concerning appellate court proceedings. For instance, courts' attention is drawn to certain details when an appeal is filed by a person that has not been party to the case. Sequence of courts' actions is defined for cases when an appeal is accepted for hearing by mistake as no appeal is applicable. Attention is paid to the observance of preclusive term in certain categories of cases. Some aspects of appeals from trial courts' rulings are touched upon (for instance, if a ruling is subject to appeal separately from the court's conclusive judgement or not). It is stated that an appeal may be filed in respect of either one court's judgement or several court's judgements turned out in one case, with each of them being subject to separate appeal. According to the Plenary Session this appellate procedure is consistent with the Arbitration Procedural Code. Still, one appeal cannot be filed in respect of court's judgements issued when various cases were heard. Some controversial matters are raised concerning the computation and reinstatement of the term for appeal. As a rule the following is not deemed good reason for appeal laches: the need for seeking approval from a higher body or another person to file an appeal; the applicant's representative being on a business trip or vacation; personnel reshuffle or the lack of a lawyer on the organisation's staff; the change of CEO or his being on a business trip or vacation etc. Also explanations are provided concerning performance under a court's demand for elimination of the circumstances deemed ground for the dismissal of an appeal. So, applicant's sending missing documents by post short of the deadline set by the court is not necessarily deemed as discharge of said court's demand. The explanations on similar matters that have been prepared earlier are no longer valid.

Order of the Ministry of Education and Science of the Russian Federation No. 179 of May 26, 2009 on Endorsing the Procedure for Enrolment of Foreign Citizens in State-Accredited Higher Professional Education Institutions for the Academic Year 2009/2010 and on Amending Order of the Ministry of Education and Science of the Russian Federation No. 4 of January 15, 2009 on Endorsing the Procedure for Enrolment of Citizens in State-Accredited Secondary Vocational Education Institutions

According to the new version of the Federal Law on Higher and Post-Graduate Professional Education foreigners enrol in state-accredited higher education institutions in the procedure established by the Ministry of Education and Science of the Russian Federation.
Accordingly, a detailed procedure is fixed for admitting foreigners in such institutions for the academic year 2009/2010.
Enrolment takes place under international treaties and inter-governmental agreements at the expense of budget funds (for instance within the quotas set by the government of Russia) and under contracts for payment.
Also, the Procedure for Foreigners' Admittance to State-Accredited Institutions is updated in line with the amendments made to the Law of the Russian Federation on Education. Henceforth, the Procedure extends to foreigners.
The formerly effective procedure for enrolment and study of foreign citizens in state higher education institution is superseded.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14052 of June 9, 2009.

Order of the Ministry of Education and Science of the Russian Federation No. 128 of April 14, 2009 on Endorsing the Procedure for Recognising and Establishing the Equivalence of Foreign States' Documents on Education

A new procedure is defined for recognising and establishing in Russia the equivalence of foreign states' documents on education and issuing relevant certificates. This enables citizens to keep studying and working in Russia. A person concerned (or his/her representative) is to file an application together with a document on foreign educational background with a Russian translation. If the document is subject to an international treaty on mutual recognition and equivalence its compliance with the treaty is verified (no recognition procedure takes place), and if it is not then it undergoes an expert examination paid for by the applicant. Assessment is made of the guidelines and level of education on which recognition is possible; comparison is made of the scope of courses and subjects, the requirements applicable to the results of studies under curricula; the equivalence of academic and/or professional rights is established. Previously account had been also taken of scores and topics of graduation qualification works, and sometimes interviews and tests had been held. If the document on education is recognised in Russia a relevant certificate is issued to the applicant.
If the document on education is recognised only as a paper confirming that the person has covered a set of subjects and/or has undergone training under a curriculum of a certain level a statement is issued.
The persons holding documents on education recognised in Russia are not relieved from the duty to observe the general rules for enrolment in educational institutions or for being hired.
The formerly effective recognition and equivalence-establishing procedure is deemed no longer valid.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14043 of June 9, 2009.

Review of the Legislation and Judicial Practices of the Supreme Court of the Russian Federation for Quarter 1 of the Year 2009 (endorsed by Decision of the Presidium of the Supreme Court of the Russian Federation of June 3, 2009)

The review contains a selection of criminal and civil case materials (including those of the Military Panel of the Supreme Court of the Russian Federation), examples of cases heard by the European Court and explanations of the Supreme Court of the Russian Federation concerning labour, pension, social and public-relationships matters mainly showing how courts apply the rules of procedure.
For instance, a reinstatement claim by an employee of a branch addressed to the head organisation may be filed with the court where the labour contract is performed, i.e. where the branch is located.
Concerning the application of the Civil Procedural Code of the Russian Federation it is clarified that if a complaint is not considered due to plaintiff's failure to appear (on a repeated summons) he may be liable for bearing the defendant's costs incurred in connection with the case (as if the claim were waived).
When a disbursement relating to the driver's civil liability insurance scheme is impossible for instance due to the liquidation of the insurer a compensation is paid to the injured party by a union of insurers. According to the explanation, such union is the Russian Union of Motor Vehicle Insurers rather than the All-Russia Union of Insurers.
Examples from the European Court's practices concern the procedures for reviewing courts' judgements in line of supervision and disputing deportation decisions in courts. The European Court's attitude to repayment of debts of state enterprises is described. According to it a court's decision on collection of funds from a state unitary enterprise for the benefit of a citizen cannot be ignored if the enterprise is liquidated. Liability for the debts of a federal state unitary enterprise must be borne by the state. In such case the authorities cannot refer to lack of funds.
Also insurance indemnity in cases of health problems due to chronic occupational diseases and other matters are dealt with.

Letter of the Department of Tax and Customs Tariff Policies of the Ministry of Finance of the Russian Federation No. 03-02-08/46 of June 3, 2009 on the Procedure for Taking Appeal from a Decision of a Tax Body on Holding Someone Accountable for a Tax Offence

An explanation is provided concerning the procedure for taking appeal from tax bodies' decisions.
A decision on holding someone accountable for a tax offence according to the results of inspections or on refusing to hold someone accountable is subject to appeal in court only after it has been appealed in a higher tax body.
A person that has been subjected to a tax inspection is entitled to participate in person and/or through his representative in the consideration of case materials. However, according to the Tax Code of the Russian Federation there is no provision for a taxpayer's participation in the consideration of his complaint by a higher tax body.

Direction of the Central Bank of the Russian Federation No. 2238-U of May 22, 2009 on the Details of the Grant of a Right of Compulsory Reserve Averaging to Credit Organisations

For current liquidity regulation purposes a credit organisation is entitled to use compulsory reserve averaging, such right being available for credit organisations classified under Group 1 or Group 2 according to an economic situation assessment.
However, from October 1, 2008 to July 1, 2009 that right is available for credit organisations with no regard to their classification group, provided they qualify, i.e. lack arrears on contributions or fines for breach of compulsory reserve standard and on payments owing the Central Bank of the Russian Federation; and averaged their compulsory reserves in the preceding averaging period (if entitled). It is decided to extend the effective term of this privilege.
The Direction enters into force as of July 1, 2009 and keeps effective to March 1, 2010.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14070 of June 11, 2009.

Direction of the Central Bank of the Russian Federation No. 2237-U of May 22, 2009 on Excluding the Liabilities Owing the State Corporation "The Agency for Insurance of Deposits and/or Liabilities Owing Investors Not Deemed Credit Organisations" from the Composition of Reserved Liabilities

While calculating the amount of the compulsory reserves to be deposited with the Bank of Russia, credit organisations are allowed to temporarily neglect the liabilities owing the Deposit Insurance Agency as well as some liabilities owing investors not deemed credit organisations, namely, the liabilities occurring as financial assistance is provided under the bank bankruptcy prevention plans where the Agency is involved.
This procedure is effective starting from the compulsory reserve calculation for the accounting period from July 1 through August 1, 2009.
The Direction is subject to official publication in Vestnik Banka Rossii, and it enters into force as of July 1, 2009 and keeps effective to March 1, 2010.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14085 of June 15, 2009.

Decision of the Government of the Russian Federation No. 457 of June 1, 2009 on the Federal Service on State Registration, Cadastre and Cartography

By Decree of the President of the Russian Federation No. 1847 of December 25, 2008 the Federal Registration Service is re-named to "the Federal State Service on State Registration, Cadastre and Cartography" ("Rosreestr"). Simultaneously the Federal Agency on Geodesy and Cartography and the Federal Cadastral Agency are abolished, their functions being transferred to Rosreestr.
According to its newly-defined powers and operation organisation procedure, Rosreestr is responsible for keeping the Comprehensive State Register of Rights to Immovable Property and of Transactions in Such Property, the state cadastre of immovable property, the state register of cadastral engineers, the comprehensive state registers of self-regulated organisations of appraisers and arbitration insolvency practitioners and the state databank holding data resulting from land management.
Rosreestr is charged with state land and geodetic control and with the cadastral appraisal and monitoring of lands. The service is a licensor for geodetic and cartographic activities. Also, it is responsible for the names of geographic features.
The Service is under the jurisdiction of the Ministry of Economic Development of the Russian Federation, its head being appointed and removed by the Government of the Russian Federation on a proposal of the Minister of Economic Development of the Russian Federation.

Order of the Federal Tariffs Service No. 116-t/1 of June 10, 2009 on Indexing Railway Freight Tariffs, Fees and Charges

Russian railway freight tariffs, fees and charges are being raised, including for instance mark-up coefficients for basic freight tariff, fee and charge rates relating to freight services, infrastructure services, the use of wagons and containers, cargo handling operations etc. For instance, the mark-up coefficient for payment for the use of wagons and containers rose from 2.23 to 2.357, for cargo handling from 2.819 to 2.98.
Mark-down rates for freight tariffs for wagons and containers depending on the type thereof are reviewed (2.357 in place of 2.23).
The increase does not extend to the rates of the fee charged for announcement of the value of a cargo.
The Order enters into force in the established procedure, in any case not before July 1, 2009.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14093 of June 16, 2009.

Order of the Ministry of Industry and Trade of the Russian Federation No. 328 of April 28, 2009 on Endorsing the Administrative Rules for the Federal Agency on Technical Regulation and Metrology to Carry out the State Function of Adopting and Putting into Force All-Russia Classifications of Technical-Economic and Social Information, Amending Them and Keeping the All-Russia Classifications of Technical-Economic and Social Information

Regulation is provided for the procedure for the Federal Agency on Technical Regulation and Metrology to adopt and keep all-Russia classifications of technical-economic and social information. Draft classifications and amendments thereto are elaborated by relevant federal executive governmental bodies. They have to undergo a compulsory expert examination in the Technical Committee on All-Russia Classifications to be further adopted and put into force by an order of the Federal Agency on Technical Regulation and Metrology.
Adopted classifications are to be sent to the Federal State Statistics Service for being included in its information computer network and to designers for being entered in the automated databases of all-Russia classifications.
All-Russia classifications are subject to official publication, and they are included in the federal corpus of technical regulations and standards.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14061 of June 9, 2009.

Decision of the Government of the Russian Federation No. 498 of June 15, 2009 on Amending Decision of the Government of the Russian Federation No. 1033 of December 30, 2000

This decision updates the procedure for refund of the value added tax sums paid when goods (works and services) are purchased by foreign diplomatic missions and by the missions qualifying as such (for official use) or by diplomatic or administrative & technical personnel of such missions and their family members residing together with them (for personal use).
Now, VAT amounts paid are also refundable for missions (previously only personnel were entitled). The VAT payers selling goods for above needs have to present invoices indicating the tax rate of 18 (10)% or bearing the inscription "Without tax (VAT)". Previously, invoices were presented with an indication of zero tax rate and the annotation "For diplomatic needs".
VAT refund is provided on an application filed on behalf of a mission registered with a tax body in the Russian Federation. Documents must be filed with the tax body in cases when the goods were sold to the mission under a contract or for cash and they will be used to substantiate VAT refund.
The application and documents are to be submitted to the tax body within three years after the latest of the following dates: the date of the invoice or the date of the actual payment for the goods.
Within three months the tax body checks out the availability of good ground for the refund of the VAT sum presented. Refunded tax is remitted to the mission's account opened in a Russian bank.
The VAT amounts that have been paid by a mission at the purchase of goods since April 1, 2007 are to be refunded in the updated procedure.
The Decision enters into force upon the expiry of one month after its official publication, but in any case not before the first day of next tax period for VAT purposes.

Decision of the Government of the Russian Federation No. 495 of June 15, 2009 on Establishing Requirements Applicable to a Concessionaire in Respect of the Banks That Issue Irrevocable Banker's Guarantees, the Banks in Which the Concessionaire's Bank Deposit May be Opened as Subject to the Rights Which May Be Assigned by the Concessionaire to the Awarding Authority as Pledged Item and in Respect of the Insurance Organisations with Which a Concessionaire May Conclude a Contract of Insurance of the Risk of Liability for Breach of Obligations under an Agreement on Concession

The concession is an instrument of state investment policy. Under an agreement on concession an individual entrepreneur or legal entity (concessionaire), creates or renovates at his expense a piece of immovable property which is owned or is going to be owned by the Russian Federation, a subject of the Russian Federation or a municipal formation (awarding authority) which in its turn undertakes to grant a right of possessing and using said immovable property to the concessionaire for a fixed term.
The condition sine qua non of a concession is security provided by the concessionaire for his undertaking in one of the three forms, i.e. an irrevocable banker's guarantee, the pledge of concessionaire's rights to the awarding authority under a contract of bank deposit and the insurance of the risk of the concessionaire's liability.
Qualifications are established for a bank and insurance organisation entitled to provide security for a concessionaire's obligations. First, it has to hold a relevant licence. Second, it must have operated for at least three years after state registration (for cases of merger of banks or insurance organisations the term is counted for the organisation with the earliest state registration date; the term not being interrupted in the case of transformation). Third, the bank or insurance organisation is to have an unconditionally positive auditor's report for the past year. Also, the actual solvency margin of the insurance company is to exceed its standard rate by at least 30 per cent.

Decision of the Government of the Russian Federation No. 486 of June 15, 2009 on Amending Some Acts of the Government of the Russian Federation on Licensing the Gathering, Using, Decontaminating, Transporting and Placing of Waste, Hazard Class I-IV

A new version of the Federal Law on Licensing Specific Types of Activity takes effect as of June 30, 2009 according to which the gathering, using, decontaminating, transporting and placing of waste, Hazard Class I-IV (other than dangerous waste), are subject to licensing.
Accordingly, amendments have been made to the Regulations on the Licensing of the Gathering, Using, Decontaminating, Transporting and Placing Dangerous Waste.
The description of the licensed activities is updated.
The following are licence terms and conditions: the availability of a sanitary-epidemiological statement on the property to be used to pursue said activities, a positive statement resulting from a state ecological expert examination of the design documentation of facilities relating to the placement and decontamination of waste, Hazard Class I-IV, save facilities commissioned before the entry into force of the decision whereby the Regulations have been confirmed.
The licences issued before June 30, 2009 keep effective until the expiry of the term specified therein.
The Decision enters into force as of June 30, 2009.

Decision of the Government of the Russian Federation No. 485 of June 15, 2009 on Amending the Procedure for the Issuance and Redemption of the State Housing Certificates Provided to the Citizens of the Russian Federation Who Have Lost Dwelling Premises Due to an Emergency or Natural Calamity

The area of living quarters provided under a housing certificate to a person that has lost his/her residence due to an emergency or natural calamity is increased from 36 to 42 sq. m. The previously issued certificates are going to be substituted.
New certificates shall keep effective for one year after the date of issue.

Decision of the Government of the Russian Federation No. 484 of June 15, 2009 on Amending Acts of the Government of the Russian Federation on the Regulation of Foreign Economic Activities in Respect of Specific Types of Products

According to these amendments record is to be kept of the exportation of special-purpose non-nuclear materials, equipment and technologies to the countries not having nuclear weapons, and notification about it is to be given by exporters to the State Scientific Centre of the Russian Federation "Physics and Energy Institute".
A list of strong-effect and poisonous substances not deemed precursors of the narcotic or psychotropic substances imported and exported under licences is provided. Some substances are included in the list and some removed.
The list of the documents filed by those seeking a permit for exportation (importation) of the equipment, materials and technologies that can be used to create missile or chemical weapons is updated.
Adjustments are made in the procedure for industrial explosive transit via the territory of Russia. Financial guarantees for a compensation for possible damage are to be provided when the Ministry of Industry and Trade and the Ministry of Transport of the Russian Federation take a decision on the possibility of such transit rather than at the customs-house.
One needs not a licence to transfer the equipment and materials subject to control if they fall within the framework of the Comprehensive Nuclear-Test-Ban Treaty.

Decision of the Government of the Russian Federation No. 478 of June 15, 2009 on the Uniform System of Information Support for Citizens and Organisations on Interaction with Executive Governmental Bodies and Local Self-Government Bodies by Means of the Information-Telecommunication Network Internet

A concept of a uniform system of information support for citizens and organisations on interaction with executive governmental and local self-government bodies by means of the Internet is provided, aimed at ensuring the transparency of governmental bodies' activities, enhancing the quality and accessibility of the state and municipal services they provide.
The system incorporates a consolidated register and a comprehensive portal for state and municipal services and functions as well as regional registers and portals.
For co-operation between federal and regional bodies in the operation of the system the Government of the Russian Federation appoints an operator of the consolidated register and comprehensive portal, an empowered body charged with the keeping of the information resources of the consolidated register and an empowered body charged with the use of electronic digital signatures.
Information for the comprehensive register shall be shaped up by federal, regional and local authorities and placed within seven days after the entry into force of legal acts defining (modifying) the body responsible for the provision of a service (performance of a function) and/or the procedure for the provision thereof.

Decision of the Government of the Russian Federation No. 477 of June 15, 2009 on Endorsing Paperwork Rules for Federal Executive Governmental Bodies

A uniform paperwork procedure is introduced in the federal executive governmental bodies both for paper and electronic documents. Details of letterhead paper formats and document particulars for specific types of documents are established.
The new procedure does not extend to documents containing state secrets.
Documents are delivered by post, courier service and electric communication systems.
Each body forms its own corpus of the documents resulting from its operation in accordance with the document file classification agreed upon with a commission of the relevant federal state archives. Permanent-storage and temporary-storage document files are to be put in archives, and ten-year storage document files destroyed.

Decision of the Government of the Russian Federation No. 471 of June 15, 2009 on Amending the List of Seasonal Industries and Types of Activity Used to Grant a Deferment or an Instalment Payment Scheme for Tax Payment Purposes

According to the Tax Code of the Russian Federation a person pursuing a seasonal activity can get a deferment or an instalment payment scheme for his tax payments. Apart from other activities the list now includes vegetable oil and fat production.

Letter of the Federal Tax Service No. ShS-22-3/492@ of June 18, 2009 on the Data Required to Calculate the Mining Tax on Oil for the Month of May 2009

Starting from January 1, 2007 the rate of mining tax on oil equal to 419 roubles per ton of produced water-free salt-free stabilised oil is to be multiplied by a coefficient characterising world oil price variation (Kts) and a coefficient characterising the degree of depletion of the specific subsoil tract (Kv).
Data is provided for mining tax calculation for oil for the month of May 2009. Given the average price of Urals oil on the Mediterranean and Rotterdam oil markets of $56.73 per barrel and the average US dollar exchange rate to the rouble of 32.0652, the value of Kts is set at 5.1267 (its was equal to 4.3070 in the preceding tax period), and that of Kv is to be set by the taxpayer on his own.
Thus, due to the oil price growth the rate of mining tax on oil has grown as compared with the preceding tax period.
The data used for mining tax calculation for the month of April 2009 is available in Letter of the Federal Tax Service No. VE-22-3/402@ of May 18, 2009.

Decision of the Government of the Russian Federation No. 492 of June 15, 2009 on the Significant Conditions and Procedure for Settling Disagreements Concerning a Right of Concluding Contracts in Respect of the Electric Grid Facilities Incorporated in the Unified National (All-Russia) Electric Grid

The electric grid facilities incorporated in the unified national (all-Russia) electric grid are used by their possessors by agreement with the organisation charged with the management of the unified national (all-Russia) electric grid. A list of the significant conditions of an agreement on the procedure for an organisation to use such facilities is defined.
For instance, the organisation has to conclude contracts for power transmission through the use of the facility and to transfer proceeds collected to the possessor of the facility. On his part, the possessor undertakes to seek agreement from the organisation for the procedure for using the facility and to notify all electricity consumers of the conclusion of the agreement with the organisation on the procedure for using the facility.
In some cases the possessor of the facility is entitled to conclude on his own contracts for power transmission.
Apart from the rights and duties of parties the significant conditions of the contract include the effective term thereof, information on the facility and the rate of the payment under the contract.
Disputes as to a right to conclude contracts for power transmission are resolved by the Ministry of Energy of the Russian Federation.
A procedure is established for setting tariffs for power transmission through the unified national (all-Russia) electric grid.

Order of the Federal Tax Service No. MM-7-6/148@ of March 31, 2009 on Endorsing the Procedure for the Provision in an Electronic Form of Public and Generally-Accessible Information from the Comprehensive State Register of Legal Entities and from the Comprehensive State Register of Individual Entrepreneurs

To broaden opportunities for users to get access to the public and generally-accessible information available in these registers a new procedure is defined for the provision of such information in an electronic form.
No significant changes have occurred in the procedure for the provision of information. As before, the recipients of information from the registers are governmental bodies, local self-government bodies, the Bank of Russia, natural persons and legal entities. Applications for provision of information are to be filed with the Federal Tax Service or its territorial bodies.
Natural persons and legal entities can get information for a pay at the rate of 50,000 roubles for one-off provision of information or 150,000 roubles for an annual subscription for one workplace.
The previously effective procedure for the provision of information from the registers in an electronic form is superseded.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14081 of June 11, 2009.

Decree of the President of the Russian Federation No. 715 of June 24, 2009 on All-Russia Compulsory Publicly Available Television and Radio Channels

A list of the free-of-charge television and radio channels to be compulsorily broadcast on the entire territory of Russia is endorsed.
The ground broadcasting of said television and radio channels including the formation and deployment of digital ground networks is to be provided by the federal state unitary enterprise "Russian Television and Radio Broadcasting Network".
The government is instructed to arrange for the approval of the federal target programme "The Development of Television and Radio Broadcasting in the Russian Federation for the Years 2009-2015".
The Decree takes effect as of the date of its official publication.

Order of the Federal Fund for Mandatory Medical Insurance No. 98 of May 8, 2009 on Endorsing the Recommendations for Making Sure Citizens Are Informed of Rights When They Receive Medical Assistance in the Conditions of Mandatory Medical Insurance

The territorial funds for mandatory medical assistance and medical insurance organisations are provided with recommendations for the provision of information to the public on rights in the area of public health including the details to be provided and the means whereby this is to be done, for instance the Internet.
Medical personnel are to be fully knowledgeable of the Russian legislation on public health, and special training is envisaged to make sure they are.

Decree of the President of the Russian Federation No. 710 of June 22, 2009 on Deeming as No Longer Effective Paragraph 6 of Item 15 of Decree of the President of the Russian Federation No. 314 of March 9, 2004 on the System and Structure of Federal Executive Governmental Bodies in as Much as It Concerns Transferring the Functions of Adopting Normative Legal Acts to the Ministry of Economic Development and Trade of the Russian Federation

The following is deemed no longer effective: the provision under which the Ministry of Economic Development and Trade of the Russian Federation acquired the functions of the State Customs Committee of the Russian Federation transformed into the Federal Customs Service concerning the adoption of normative legal acts on customs affairs. This provision is contained in the Decree of the President of the Russian Federation that endorsed the system and structure of federal executive governmental bodies in 2004.
The reason for it is that in 2006 the Federal Customs Service acquired the function of state policy elaboration and normative legal regulation that belonged to the Ministry of Economic Development and Trade of the Russian Federation which in 2008 was transformed into the Ministry of Economic Development of the Russian Federation.
The Decree takes effect as of the date when it is signed.

Decision of the Government of the Russian Federation No. 512 of June 22, 2009 on Amending Decision of the Government of the Russian Federation No. 109 of February 26, 2004

These amendments affect tariffs for the electricity supplied by guaranteeing suppliers, power-supplying and power-selling organisations.
The executive governmental bodies of Russian regions charged with state tariff regulation are permitted to set tariffs for agricultural commercial producers other than tariffs for the rest of consumers, depending on regional characteristics.

Decision of the Government of the Russian Federation No. 511 of June 22, 2009 on Amending Some Decisions of the Government of the Russian Federation on the Issue of Vehicle Certificates for Motor Vehicles and Motorcycles and Other Types of Self-Propelled Machines

It is established that vehicle certificates for motor vehicles and electric-motor powered chassis manufactured or imported after August 7, 2008 are issued by the manufacturers or customs bodies respectively. If they were manufactured or imported before that date vehicle certificates for them are to be issued by the State Road Traffic Safety Inspectorate at registration.
A similar procedure applies when vehicle certificates are drawn up for self-propelled machines and other types of electric-motor powered vehicles, though the registration body is this case is the state technological supervision service.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 130 of June 4, 2009 on Some Issues Relating to the Transitional Provisions of Federal Law No. 296-FZ of December 30, 2008 on Amending the Federal Law On Insolvency (Bankruptcy)

Recommendations are provided concerning the rules used to apply the new version of the Law on Bankruptcy that entered into force as of December 31, 2008.
The amendments are applicable when courts are hearing the bankruptcy cases in which rulings on acceptance of applications have been issued after December 31, 2008.
A case commenced before December 31, 2008 is subject to the law with no regard to the amendments until the completion of the proceeding commenced before that date. Upon the completion of the proceeding the case is further considered with account being taken of the rules set out in the new version of the law. Unless a new bankruptcy proceeding is instituted, the case is considered according to the previously-effective rules.
A court's approval of an arbitration insolvency practitioner after December 31, 2008 is subject to the amendments, irrespective of the date of institution of the bankruptcy proceeding. However, the fee and expenses of the practitioner are subject to the old rules when a proceeding commenced before December 31, 2008 is in question.
Also, explanations are provided for the cases in which proceedings were commenced before December 3, 2002. Until July 1, 2009 bankruptcy proceeding petitions may be filed by parties to such cases. Unless petitions are received, the cases are terminated, though a decision on termination cannot be taken by a court before July 2, 2009. If petitions are filed the cases are to be heard according to the new rules set out in the law.

Decision of the Government of the Russian Federation No. 526 of June 23, 2009 on the Rules for Sending Information for Placement in the Internet Concerning a Public Sale of Mortgaged Immovable Property in the Course of an Execution Proceeding

According to the new version of the Federal Law on Mortgage information must be placed in the Internet on a public sale of mortgaged immovable property in the course of an execution proceeding.
A procedure for sending such information is provided. The information to be placed on official websites of the Federal Bailiff Service and its territorial bodies must be sent from 30 to 10 days before the sale. In the Internet it will be available 24 hours free of charge.

Decision of the Government of the Russian Federation No. 508 of June 22, 2009 on Establishing State Quotas for Narcotic Drugs and Psychotropic Substances

New state quotas are set for the manufacture, storage, importation and exportation of narcotic drugs and psychotropic substances to supersede the previously effective ones.
The list of narcotic drugs is expanded from 12 to 24 items, while the list of psychotropic substances is reduced from 18 to 5 items.

Decision of the Government of the Russian Federation No. 537 of June 26, 2009 on Endorsing the Rate of Import Customs Duty on up to One Millimetre Thick Tropical Wood Veneer Sheets for Furniture

A permanent zero rate is set for import customs duty on up to 1-mm thick tropical wood veneer sheets for furniture (CC FEA of Russia code 4408 39 310 0). Previously zero import duty was introduced for nine months from October 24, 2008.
The Decision takes effect as of July 25, 2009.

Decision of the Government of the Russian Federation No. 536 of June 26, 2009 on Endorsing the Rates of Export Customs Duties on Crude Oil and Specific Categories of Products Made from Oil Which Are Exported from the Territory of the Russian Federation to Areas Outside of the Member States of the Agreements on the Customs Union

The rates of export duties on crude oil and some categories of products made from it which are shipped to areas outside of the member states of the agreements on the Customs Union are increased.
The rate of duty is set at $212.6 per ton (instead of $152.8) for crude oil, $155.5 per ton for light and medium distillates, gas-oil and benzene, toluene and xylenes (instead of $115.2).
Export duty rose from $62.1 to $83.8 for liquid fuels, oils, worked-out petroleum products, petroleum jelly etc. (except for those subject to zero rate), and also petroleum coke, bitumen etc.(except for calcined petroleum coke subject to zero rate).
Starting from July 12, 2009 calcined petroleum coke will have a new CC FEA code, 2713 12 000. Its previous code, 2713 12 000 0, is to be used until July 11.
Zero rate of export duty on propane, butane, ethylene, propylene, butylene and butadiene as well as other liquefied gases keeps effective.
The Decision takes effect as of July 1, 2009.

Decision of the Government of the Russian Federation No. 532 of June 25, 2009 on Endorsing the List of the Communication Facilities Subject to Compulsory Certification

The list of the communication facilities subject to compulsory certification is updated in view of the development of public communication networks and new equipment.
Some obsolete equipment is no longer on the list, while new facilities appeared on it.
The certificates issued earlier will keep effective until the end of the effective term thereof.

Order of the Federal Migration Service No. 119 of May 21, 2009 on Making Arrangement within the Federal Migration Service for Taking Decisions on the Undesirability of the Sojourn (Residence) of Foreign Citizens or Stateless Persons in the Russian Federation

In certain cases a decision may be taken that the sojourn (residence) of a foreign citizen or stateless person in Russia is undesirable. For instance, if the person's stay is illegal, if he has not been permitted to enter or if his stay (residence) is a threat to the state's defence or security, public order or public health.
A procedure is provided for a decision to be taken in such cases, with a territorial body of the Federal Migration Service preparing materials and the decision being taken by the director of the Service.
Such decision serves as ground for refusal to issue or extend a residence permit, for annulment thereof and for later refusal to allow entry into Russia.
If a person whose sojourn (residence) is deemed undesirable fails to leave this country he will be deported.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14118 of June 23, 2009.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 245n of May 15, 2009 on Endorsing the Rules for Filing an Application for a Lump-Sum Disbursement at the Expense of a Maternity (Family) Capital and the Procedure for Making Such Disbursement

Starting from January 1, 2007 women giving birth (adopting) a second or subsequent child and men being sole adopted parents of a second, third and subsequent child are entitled to a maternity (family) capital and receive a relevant state certificate.
On certain conditions a lump-sum disbursement, 12,000 roubles, may be received at the expense of the capital on an application filed with a territorial body of the Pension Fund.
The Order extends to legal relationships that have come into being since May 4, 2009 and is effective until May 1, 2010.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14116 of June 23, 2009.

Federal Constitutional Law No. 3-FKZ of June 29, 2009 on Amending the Federal Constitutional Law on the Court-Martials of the Russian Federation

This law is aimed at improving the procedure for the manning of court-martials and judicial bodies and for the operation thereof.
The attachment of military servicemen to court-martials and military service in court-martial positions is abolished.
A ban on the recruitment of personnel from the Armed Forces for supporting the activities of court-martials and judicial bodies is imposed. Thus, the positions of judges of court-martials, the Military Panel of the Supreme Court of the Russian Federation and staff of court-martials, the Military Panel and the Judicial Department under the Supreme Court of the Russian Federation will be occupied by persons not being military servicemen.
The military servicemen who are now judges of court-martials or of the Military Panel must either get their discharge from military service or have it suspended. The same is true for the military servicemen who are undergoing military service as members of the staff of court-martials, the Military Panel or the Judicial Department under the Supreme Court of the Russian Federation. These positions are going to be taken by federal state civil employees.
The law enters into force as of the date of its official publication.

Federal Law No. 141-FZ of June 29, 2009 on Amending the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation

The law makes a provision for pre-judicial agreements between the prosecution and the defence to incite according to an elaborate procedure the co-operation of members of the criminal community by cutting their sentences and putting them under state protection. It involves a special procedure for preliminary investigation and taking a judicial judgement without court-room hearing if a deal is struck.
A sentence for an accused who has co-operated with the investigation agencies cannot exceed a half of the maximum term for a given crime. If the accused faces life imprisonment or death penalty it will not be applied, and the term for him cannot exceed 2/3 of the maximum term.
If mitigating circumstances exist the maximum sentence is now lower than before.

Federal Law No. 140-FZ of June 29, 2009 on Amending Article 3 of the Federal Law on Amending Part 2 of the Tax Code of the Russian Federation

These amendments affect the rules for the payment of the uniform tax on imputed income by consumer co-operatives. Now they enjoy a postponement of switching to the new rules which for them take effect from 2013 rather than 2010.
The law takes effect as of the date of its official publication.

Federal Law No. 139-FZ of June 29, 2009 on the Abolishment of Some Rayon Courts in the Udmurt Republic

The law concerns three courts of small districts (rayons) composed of two judges each, their jurisdiction being transferred to nearby rayon courts.
The law takes effect as of the date of its official publication.

Federal Law No. 138-FZ of June 29, 2009 on the Formation and Abolishment of Some Rayon (Town) Courts of Kostroma Oblast

The court system of Kostroma Oblast is brought in line with the federal legislation, and this allows to implement the provision of the Criminal Procedural Code of the Russian Federation under which cases of grave and especially-grave crimes are to be heard by a three-judge panel, without increasing the number of judges.
Save some provisions, the law takes effect as of the date of its official publication.

Federal Law No. 137-FZ of June 29, 2009 on Suspending Items 1 and 2 of the Federal Law on the Shadrinski Rayon Court of Kurgan Oblast

In Kurgan Oblast the Shadrinski Rayon Court had been abolished in a re-organisation which is requiring additional time for being completed. So the abolishment is postponed until January 1, 2010.
The law takes effect as of the date of its official publication.

Federal Law No. 136-FZ of June 29, 2009 on Amending the Federal Law on the Arbitration Assessors of the Arbitration Courts of the Subjects of the Russian Federation

The amendments are to implement the position of the Constitutional Court of the Russian Federation according to which professional judges and arbitration assessors are to have equal status and the same powers to ensure the impartiality of the court.
The assessor cannot be over 70 years of age, a person who occupies a state position, a position of the state civil service, a municipal position or a position of the municipal service or a judge.
The law enters into force upon the expiry of 180 days after its official publication.

Federal Law No. 135-FZ of June 29, 2009 on Amending the Federal Law on Veterans

Rules are changed for the provision of housing to veterans and invalids of the Great Patriotic War.
The law takes effect as of the date of its official publication.

Federal Law No. 134-FZ of June 29, 2009 on Amending the Code of Administrative Offences of the Russian Federation

Administrative accountability is established for driving a small-size vessel without the necessary documents.

Federal Law No. 133-FZ of June 29, 2009 on Amending Article 28.7 of the Code of Administrative Offences of the Russian Federation

The procedure for extending the term for administrative investigation is updated. Now the term may be extended by a decision of the head or deputy head of the body responsible for the case proceeding, and in some cases of the head or deputy head of a higher body. The decision is in the form of a ruling.

Federal Law No. 131-FZ of June 29, 2009 on Amending the Federal Law on the Federal Budget for the Year 2009 and for the Plan Period of the Years 2010 and 2011

Some indicators of the 2009 federal budget and of the 2010-2011 plan period are reviewed.
Russian Railways will receive a 50 bn rouble subsidy to compensate for the losses doe to the state regulation of freight tariffs and fares.
The mechanism whereby the state provided guarantees for strategic enterprises in 2009 is improved.
The effective term of a state guarantee after loan repayment established by a credit contract is reduced from two years to 70 days.
The law enters into force as of the date of its official publication.

Federal Law No. 130-FZ of June 29, 2009 on Amending the Federal Law on Labour Pensions in the Russian Federation in As Much as It Concerns the Ordering of a Labour Pension in the Case of Loss of Breadwinner for Children Who Have Lost Both Parents and the Reinstatement of Pensions

Provision is made for two insurance portions of a loss-of-breadwinner labour pension for children who have lost both parents.
The law takes effect as of the date of its official publication.

Federal Law No. 129-FZ of June 28, 2009 on the Ratification of the Treaty between the Government of the Russian Federation and the Government of the Republic of Uzbekistan on the Working Activity of, and the Protection of the Rights of, Working Migrants Deemed Citizens of the Russian Federation in the Republic of Uzbekistan and of Working Migrants Deemed Citizens of the Republic of Uzbekistan in the Russian Federation

The treaty extends to all working migrants with few exceptions. It contains rules other than those set out in the Russian law.
The Federal Migration Service and the Ministry of Public Health and Social Development of the Russian Federation are responsible for implementing the treaty.

Federal Law No. 128-FZ of June 28, 2009 on Amending the Civil Procedural Code of the Russian Federation

The term for the Supreme Court of the Russian Federation to consider applications concerning some categories of civil cases is changed.
The term for consideration of a complaint contesting a normative legal act is increased from one to three months, and a complaint contesting a decision or action/omission of a governmental body or official from ten days to two months.

Federal Law No. 126-FZ of June 28, 2009 on Amending Some Legislative Acts of the Russian Federation on Issues of Court-Martials and on Deeming as No Longer Effective Some Legislative Acts (Provisions of Legislative Acts) of the Russian Federation

The law affects the procedure for manning, and supporting the deliberations of, court-martials and judicial bodies.
The law takes effect as of the date of its official publication.

Federal Law No. 125-FZ of June 28, 2009 on Amending Some Legislative Acts of the Russian Federation in Connection with the Organisation and Conduct of XXII Winter Olympic Games and XI Paralympic Games in 2014 in the City of Sochi and the Development of the City of Sochi as a Mountain Climatic Resort Area

The law gives coverage to the previously uncovered areas of legal regulation for the preparation for the 2014 Paralympic Games in Sochi to ensure the equivalency of the Olympic and Paralympic Games. For instance, that means that the state corporation responsible for the construction of Olympic facilities and other facilities in Sochi is to be governed inter alia by the rules of the International Paralympic Committee. Customs duty and VAT exemption matters are also affected.
The law takes effect as of the date of its official publication save for some provisions thereof.

Federal Law No. 124-FZ of June 28, 2009 on Amending Some Legislative Acts of the Russian Federation

An administrative fine is introduced for a postal service operator's breach of the term and/or procedure for service by post.
Also guarantees are established for the timely completion of forensic inquiries.
The amendments are expected to cut court hearing duration.

Federal Law No. 123 of June 28, 2009 on Amending Article 17.2 of the Federal Law on the Fundamentals of Tourism Business in the Russian Federation

The minimum amount of financial security for the activities of the tour operators engaged in travel to foreign countries is increased. Security which previously was equal to 10 million roubles, now is to be 30 million roubles for companies with annual proceeds under 100 million roubles, 60 million roubles for 100 to 300 million roubles, and 100 million roubles for over 300 million roubles.
A tour operator is to make sure compliance with the new requirements is attained within 60 days after the entry into force of the present law. Otherwise, the operator will be removed from the comprehensive federal register.

Federal Law No. 122-FZ of June 28, 2009 on Amending the Code of Administrative Offences of the Russian Federation

Now legal entities' liability for breach of the rules for carrying out transactions in narcotics, psychotropic substances and their precursors is enhanced.
The rates of fines for organisations' breach of the rules are doubled, and a legal entity's operation may be suspended for up to 90 days.
Cases of such breaches are to be heard by judges.

Decision of the Constitutional Court of the Russian Federation No. 9-P of June 16, 2009 on the Case of Verification of the Constitutionality of Some Provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of Administrative Offences of the Russian Federation, Item 1 of Article 1070 and Paragraph 3 of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedural Code of the Russian Federation in Connection with the Complaints of the Citizens M.Yu.Karelin, V.K.Rogozhkin and M.V.Filandrov

The complaints contested norms, including those regulating administrative detention as a measure of security for proceedings in a case of administrative offence.
According to the Constitutional Court of the Russian Federation the legal ground for detention is not to be assessed solely by the criterion of observance of formal rules but also by the purpose of such measure.
Despite procedural differences detention, arrest and custody mean deprivation of liberty. The purposes of detention are to make the detainee appear before the competent body as a suspect, prevent the commission of an offence by the detainee or prevent his escape. Detention cannot be deemed well grounded if the detainee's actions could not be deemed a breach of law when they were being committed. Still, the fact that a detainee has not been made to appear before the court after the detention does not necessarily mean that the detention was illegal.
Thus an administrative detention of up to 48 hours may take place only if there exist sufficient ground for deeming it necessary and commensurate as security for proceedings in the case of an offence for which administrative arrest is possible.
In a case of administrative detention with no legal ground the person detained is entitled to claim compensation for harm (including moral harm).

Decision of the Government of the Russian Federation No. 528 of June 25, 2009 on Endorsing the Rules for Provision of Subsidies from the Federal Budget to Reimburse a Portion of Expenses towards the Payment of Interest on the Loans Received by Forestry and Wood-Processing Organisations from Russian Credit Organisations in 2008-2009 for the Purpose of Creating Inter-Seasonal Stocks of Timber, Raw Materials and Fuels

Quarterly, subsidies are provided to forestry and wood-processing organisations if a credit is used for intended purposes and the interest and principal are timely repaid.
To obtain a subsidy one is to file an application together with certain documents with the Ministry of Industry and Trade of the Russian Federation before the fifth day of the last month of the quarter.

Order of the Government of the Russian Federation No. 872-r of June 25, 2009 on Endorsing a List of the State Services and/or Functions Realised through the Use of Information and Telecommunication Technologies (for Instance in an Electronic Form)

By 2015 according to the Strategy for the Development of an Information Society in the Russian Federation all state services must be provided to the public through the use of information and telecommunication technologies.
The order provides a list of the state services and functions to be provided through the Internet starting from 2011, like the registration of legal entities and individual entrepreneurs, registration for taxation purposes, the payment of taxes and fees, motor vehicle registration/deregistration, the payment of fines for breach of road traffic rules, the licensing of specific types of activity, registration at the place of residence etc.

Order of the Federal Tax Service No. -7-2/328@ of June 19, 2009 on Feeding a List and Format of Details in the Fiscal Memory of Cash Registers

Rules are provided for tax bodies to feed certain details in the fiscal memory of a cash register when it is being registered and re-registered.
Notably, the technical characteristics and parameters of cash register operation are endorsed by the Ministry of Industry and Trade by agreement with the Ministry of Finance, the Ministry of Economic Development and the Federal Security Service.

Order of the Ministry of Internal Affairs of the Russian Federation No. 185 of March 2, 2009 on Endorsing the Administrative Rules for the Ministry of Internal Affairs of the Russian Federation to Carry out the State Function of Exercising Control and Supervision over the Observance of Road Traffic Safety Requirements by Participants in the Road Traffic

Among other things, regulation is provided for the performance of the following administrative procedures: halting a motor vehicle or a pedestrian, regulating road traffic, checking the identification numbers of a motor vehicle and documents, taking a driver's licence etc.
Appeal from actions or decisions of a state motor vehicle inspectorate's personnel may be taken to a higher body/official or directly to court.
Complaints may be presented by post, phone, in a personal visit, via public information systems or the Internet websites of internal affairs bodies.
The forms of relevant procedural documents are established.
The Administrative Rules enter into force as of September 1, 2009.
Registered by the Ministry of Justice of the Russian Federation, registration No. 14112 of June 18, 2009.

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