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

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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