Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 30.06.2010

Federal Law No. 109-FZ of May 31, 2010 on the Amendments to Article 12 and 14 of the Federal Law on the Licensing of Individual Types of Activities

Adjusts the law on the licensing of individual types of activities.

Federal Law No. 108-FZ of May 31, 2010 on the Amendments to the Code of Administrative Violations of the Russian Federation

The amendments provide for the implementation of the law on the access to information on activities of the state and municipal bodies having entered into force from January 1, 2010.

Federal Law No. 107-FZ of May 31, 2010 on the Amendments to the Federal Law on the Russian Corporation of Nanotechnologies and Article 17 of the Federal Law on the State Corporation of Nuclear Power Rosatom

Adjusts the laws on the two state corporations.

Federal Law No. 106-FZ of May 31, 2010 on the Amendments to the Federal Law on the Privatisation of the State and Municipal Property

Introduces a number of amendments to the law on the privatisation of the state and municipal property.

Federal Law No. 104-FZ of May 31, 2010 on the Ratification of the Treaty between the Russian Federation and the Socialist Republic of Vietnam on the Legal Aid and Legal Relations in Civil and Criminal Cases and the Protocol to the Treaty between the Russian Federation and the Socialist Republic of Vietnam on the Legal Aid and Legal Relations in Civil and Criminal Cases of August 25, 1998

Ratifies the treaty between Russia and Vietnam signed in Moscow on August 25, 1998.

Decision of the Constitutional Court of the Russian Federation No. 11-P of May 25, 2010 on the case of Constitutionality of Paragraph 10 of Article 2 of the Law of the Russian Federation on the Employment of Population in the Russian Federation Pursuant to the Appeal of Citizen N.I.Gushchin

The case challenged the norm recognising the founders (participants) of organisations as employed and, therefore, not begin able to get the unemployment allowance.

Information of the Central Bank of Russia of May 31, 2010 on the Reduction of the Rate of Refinancing and the Interest Rates for Individual Operations of the Bank of Russia.

From June 1, 2010, the rate of refinancing will be reduced from 8% to 7.75%.

Letter of the Ministry of Regional Development of the Russian Federation No. 22030-VT/08 of May 26, 2010 ~Indices of Change of the Estimated Cost of Construction and Installation Works, Indices of Change of the Estimated Cost of Design and Survey Works, Indices of Change of the Estimated Cost of Other Works and Expenses, As Well As the Indices of Change of the Estimated Cost of Equipment Recommended for Application in the II Quarter of 2010~

Provides the above indices.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 139 of May 11, 2010 on the Amendments to Information Letters of the Presidium of the Higher Arbitration Court of the Russian Federation No. 91 of May 25, 2005 on Some Issues of Application by Arbitration Courts of Chapter 25.3 of the Tax Code of the Russian Federation and No. 117 of March 13, 2007 on Individual Issues of the Practice of Application of Chapter 25.3 of the Tax Code of the Russian Federation

Revises explanations on the issues of payment of the state duty pursuant to the introduction of amendments to the Tax Code of the Russian Federation.

Direction of the Central Bank of Russia No. 2435-U of April 27, 2010 on the Amendments to the Regulation on the Bank of Russia No. 307-P of July 20, 2007 on the Procedure of Registration and Providing Information on Affiliated Persons of Credit Organisations

The amendments are adopted in pursuance of the changes to the law on the protection of competition having extended the notion of the group of persons.

Order of the Ministry of the Industry and Trade of the Russian Federation No. 329 of April 27, 2010 on the Endorsement of the List of Products Subject to Obligatory Confirmation of Compliance with the Requirements of the Technical Regulations of the Republic of Kazakhstan Being a Member-State of the Customs Union

Before the entry into force of technical regulations, the Government of the Russian Federation may introduce obligatory requirements available in the regulations of the member-states of the Customs Union.

Order of the Ministry of Foreign Affairs of the Russian Federation and the Ministry of Finance of the Russian Federation No. 4964/35N of April 14, 2010 on the Amendments to the List of Foreign States Whose Representations Enjoy on the Reciprocity Basis the Zero Percent Rate of the Value Added Tax in the Cases of Sale of Goods (Carrying out Works, Rendering Services) for Official Use by Foreign Diplomatic Representations and Representations of Similar Status or for Personal Use by the Diplomatic or Administrative and Technical Personnel of These Representations, Including Their Family Members Living Together with Them, Endorsed by the Order of the Ministry of Foreign Affairs of the Russian Federation and the Ministry of Finance of the Russian Federation No. 6499/41n of May 8, 2007

Introduces some changes for various states.

Order of the Ministry of Transport of the Russian Federation No. 87 of April 12, 2010 on the Procedure of Assessment of Vulnerabilities of Objects of Transport Infrastructure and Transport Vehicles

The goal of the assessment is determination of the degree of protection against illegal interference.

Federal Law No. 115-FZ of June 2, 2010 on the Amendments to Article 3463 of Part 2 of the Tax Code of the Russian Federation

Refines the procedure of calculation of penalties for the overdue payment of taxes in the cases of loss of the right for the uniform agricultural tax.

Federal Law No. 114-FZ of June 2, 2010 on the Ratification of the Treaty on the Customs Code of the Customs Union

Ratifies the treaty on the Customs Code of the Customs Union signed in Moscow on November 27, 2009.

Federal Law No. 113-FZ of June 2, 2010 on the Ratification of the Protocol on the Amendments to the Treaty on the Customs Code of the Customs Union of November 27, 2009.

Ratifies the protocol on the amendments to the treaty on the Customs Code of the Customs Union.

Decision of the Government of the Russian Federation No. 374 of May 31, 2010 on the Amounts of the State Duty for the Issuance, Prolongation and Restoration of Visas to Foreign Citizens and Stateless Persons by Representations of the Ministry of Foreign Affairs of the Russian Federation Located in the Points of Transfer through the State Border of the Russian Federation

Specifies amounts of state duty for the issuance, prolongation and restoration of visas by representations of the Ministry of Foreign Affairs in the points of transfer through the state border.

Order of the Ministry of Finance of the Russian Federation No. 36n of April 21, 2010 on the Amendments to the Order of the Ministry of Finance of the Russian Federation No. 104n of October 15, 2009 on the Endorsement of the Form of the Tax Declaration for the Value Added Tax and Its Filling Procedure

The amendments to the Tax Code of the Russian Federation extend the list of operations exempted from VAT.

Decision of the Government of the Russian Federation No. 376 of May 31, 2010 on the Amendments to the Decision of the Government of the Russian Federation No. 109 of February 26, 2004

The amendments pertain to the regulation of tariff rates for thermal and electric energy proceeding from profitability of invested capital.

Order of the Ministry of the Industry and Trade of the Russian Federation No. 429 of May 24, 2010 on the Subsidies at the Expense of the Federal Budget Granted in 2010 to Reimburse the Losses in Incomes of Trade Organisations in the Cases of Sale of New Russian-Made Motor Vehicles with a Discount to Natural Persons Having Disposed of Inoperable Motor Vehicles for Utilisation

Distributes subsidies among organisations for the total amount of Rbl 286.6 million.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/1-244 of May 19, 2010 on the Recognition As Desperate for Collection and Writing off of Arrears and Debts in Penalties and Fines for the Federal Taxes and Fees

The State Duma adopted amendments to the Tax Code of the Russian Federation envisaging an exhaustive list of reasons to recognise arrears and debts as desperate for collection.

Decision of the Government of the Russian Federation No. 391 of June 1, 2010 on the Procedure of Creation of the State Information System in the Area of Energy Saving and Improvement of Energy Efficiency and the Terms of Its Functioning

The goal of the system is providing vital information on the requirements of legislation in the appropriate sphere and the course of its implementation.

Decision of the Government of the Russian Federation No. 385 of June 1, 2010 on the Amendments to the Decision of the Government of the Russian Federation No. 335 of May 30, 2007

Increases amounts of assets of credit organisations subject to antimonopoly control.

Decision of the Government of the Russian Federation No. 375 of May 31, 2010 on the Amendments to the Regulation on the Application of the Uniform Rates of Customs Duties, Taxes for the Goods Moved Across the Customs Border of the Russian Federation by Natural Persons for Personal Use

The amendments apply to natural persons travelling between the Kaliningrad Province and the rest of the territory of Russia.

Decision of the Commission of the EurAsEC Customs Union No. 279 of May 20, 2010 on the Adjustment of the Rate of the Joint Customs Tariff of the Customs Union for Veneer Sheets of Tropical Wood Measuring in Thickness Not More Than 1 mm

Introduces the zero rate of the import duty for veneer sheets of tropical wood measuring in thickness not more than 1 mm (code according to the Commodity Nomenclature of Foreign Economic Activities of the Customs Union 4408 39 310 0).

Decision of the Commission of the EurAsEC Customs Union No. 278 of May 20, 2010 on the Adjustment of the Rates of the Joint Customs Tariff of the Customs Union for Materials Used in Production of Solar Modules (St.Petersburg)

Adjusts the Joint Customs Tariff of the Customs Union.

Decision of the Commission of the EurAsEC Customs Union No. 263 of May 20, 2010 on the Procedure of Use of Transportation (Shipment), Commercial and/or Other Documents As a Declaration for the Goods (St.Petersburg)

Provides the list of conditions permitting to use transportation (shipment), commercial and/or other documents as a customs declaration for the goods, as well as the list of goods where the mentioned procedure does not apply.

Decision of the Commission of the EurAsEC Customs Union No. 262 of May 20, 2010 on the Procedure of Registration, Refusal to Register the Declaration for the Goods and the Drawing up of the Refusal to Release the Goods (St.Petersburg)

Endorses the instruction specifying the registration of the declaration for the goods.

Decision of the Commission of the EurAsEC Customs Union No. 261 of May 20, 2010 on the Endorsement of the Forms of Joint Registers of Parties Engaged in Activities in the Customs Sphere, Their Keeping and Forming Procedure (St.Petersburg)

Endorses the forms of joint registers of owners of customs warehouses and temporary storage warehouses, customs representatives and carriers.

Decision of the Commission of the EurAsEC Customs Union No. 259 of May 20, 2010 on the Requirements to the Outfit of the Dual Corridor System in the Places of Arrival of Goods to the Customs Territory of the Customs Union and Departure from This Territory (St.Petersburg)

Natural persons may choose the ~red~ or ~green~ corridor independently.

Decision of the Commission of the EurAsEC Customs Union No. 256 of May 20, 2010 on the Procedure of Amending the Declaration for the Goods Before Adoption of the Decision to Release the Goods in the Cases of Preliminary Customs Declaring

Correction of the declaration for the goods is permitted if the declared information on the goods is insufficient or is not in compliance with available requirements.

Decision of the Commission of the EurAsEC Customs Union No. 255 of May 20, 2010 on the Procedure of Amending the Declaration for the Goods After the Release of Goods

Specifies the above procedure.

Decision of the Commission of the EurAsEC Customs Union No. 254 of May 20, 2010 on the Customs Cost of Goods Moved Across the Customs Border of the Customs Union That Do Not Require Submission of the Documents Confirming the Country of Origin of Goods

Specifies the conditions that do not require submission of the documents confirming the country of origin of goods.

Decision of the Constitutional Court of the Russian Federation No. 12-P of May 28, 2010 on the Case of Constitutionality of Parts 2, 3 and 5 of Article 16 of the Federal Law on the Entry into Force of the Housing Code of the Russian Federation, Parts 1 and 2 of Article 36 of the Housing Code of the Russian Federation, Item 3 of Article 3 and Item 5 of Article 36 of the Land Code of the Russian Federation Pursuant to the Appeals of Citizens Y.Y.Dugenets, V.P.Minin and Y.A.Plekhanov

The case challenged the norms pertaining to the right of owners of dwelling space for the land under apartment houses.

Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 23 of April 29, 2010 on the Invalidation of the Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 8 of February 25, 1998 on Some Issues of the Practice of Resolving of Disputes Pertaining to the Protection of the Property Right and Other Interests in Property

Provides joint explanations of two higher judicial instances.

Order of the Federal Tax Service No. MMV-7-3/204@ of April 27, 2010 on the Endorsement of the Forms of Documents Used by Tax Bodies When They Implement Their Authority in Relations Regulated by the Legislation on Taxes and Fees

Some taxpayers get VAT reimbursed, however, in certain cases, the tax body may abandon this decision.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 157n of March 16, 2010 on the Endorsement of the Limiting Amount of a Narcotic Drug, Psychotropic Substance and Their Precursor in Preparations

Some medicines contain controlled substances in small amounts.

Decision of the Government of the Russian Federation No. 396 of June 3, 2010 on the Endorsement of the Rules of Transfer to the State Management Company of Resources of Accumulated Pensions in the Form of Permitted Assets Purchased at the Expense of Insurance Contributions for the Financing of the Accumulated Part of the Labour Pension and Received by the Pension Fund of the Russian Federation in the Appropriate Year

Specifies the above procedure.

Decision of the Chief State Sanitary Physician of the Russian Federation No. 48 of April 30, 2010 on the Endorsement of SanPiN 2.1.8/2.2.4.2620-10

Refines hygienic requirements to personal computers (SanPiN 2.2.2/2.4.2620-10).

Order of the Federal Service for the Regulation of the Alcoholic Market No. 30n of April 30, 2010 on the Endorsement of the Form and Procedure of Keeping of the Logbook of Registration of the Process of Denaturing of (Introduction of Denaturing Agents to) Ethyl Alcohol and Non-Edible Alcohol-Containing Products and the Content of Denaturing Agents in Them

This function is handed over from the Federal Tax Service of Russia to the Federal Service for the Regulation of the Alcoholic Market.

Order of the Federal Service for Financial Markets No. 10-21/pz-n of March 25, 2010 on the Endorsement of the Procedure of Organisation of Electronic Document Turnovers When Electronic Documents with Electronic Digital Signature Are Submitted to the Federal Service for Financial Markets

Specifies general principles of organisation of information exchange with the Federal Service for Financial Markets of Russia.

Decision of the Government of the Russian Federation No. 401 of June 9, 2010 on the standards of Disclosed Information for the Subjects of Natural Monopolies Providing Communication Services

Subjects of natural monopolies must provide free access to information on the regulated types of activities.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 15 of June 10, 2010 on the Amendment to the Decision of the Plenum of the Supreme Court of the Russian Federation No. 22 of October 29, 2009 on the Practice of Application by Courts of the Measures of Restraint in the Form of Detention, Bail and the House Arrest

Extends explanations on the above measures in the cases of some economic crimes.

Order of the Ministry of Finance of the Russian Federation No. 41n of May 11, 2010 on the Forms of Accounting Reports of Insurance Organisations and Reports Submitted in Compliance with Enforcement Procedure

Revises the forms of accounting reports of insurance organisations, as well as the reports submitted in compliance with enforcement procedure.

Decision of the Chief State Sanitary Physician of the Russian Federation No. 37 of April 26, 2010 on the Endorsement of SP 3.1.7.2615-10

Works out the main requirements to the set of measures aimed at prevention of pseudotuberculosis and intestinal yersiniosis.

Decision of the Plenary Session of the Supreme Court of the Russian Federation No. 13 of June 10, 2010 on Making Amendments and Addenda in Some Decisions of the Plenary Session of the Supreme Court of the Russian Federation

The Decision specifies explanations concerning the application of the Code of Administrative Offences of the Russian Federation, time for consideration by courts criminal and civil cases, as well as cases on administrative offences and on disputing regulatory legal acts (in full or in part).
The aim of making such corrections is to bring the explanations into accord with the amendments made in the legislation.
Specifically, according to the amendments made in the Code of Administrative Offences of the Russian Federation, the time for consideration by courts of cases on bringing to administrative responsibility is extended from 15 days to 2 months. On the basis of this, the explanations concerning such extension have been corrected. Now the time for consideration of a case, subject to the extension thereof, may not exceed 3 months (before it was one month and fifteen days).
The explanations concerning termination of cases on administrative offences in connection with the expiry of limitation periods have been supplemented. If such period has expired, proceedings in respect of a case may not be started and those which have been started must be stopped. In the event of appealing against the decision on termination of a case for the cited reason by the person (in respect of which a record has been drawn up) insisting on innocence thereof, the court is bound to verify such person|s reasons.
The Decision also contains explanations concerning a penalty in the form of administrative suspension of activities of an individual businessman or legal entity. Such punishment may be only imposed by a district court|s judge where it is provided for by articles of the Special Part of the Code of Administrative Offences of the Russian Federation, if a less strict punishment cannot ensure the attainment of the aim of punishment (the decision must contain appropriate reasoning).
The time period of the activities| suspension may not exceed 90 days, including the period while the exercise of activities is temporarily prohibited, if such measure of securing proceedings in respect of a case has been taken.
In a decision on a case a judge is bound to resolve the issue on the activities to be exercised for securing execution of this punishment but he/she must not define any specific measures aimed at their exercise.

Decision of the Plenary Session of the Supreme Court of the Russian Federation No. 12 of June 10, 2010 on the Case-Law as to the Consideration of Criminal Cases on Creating a Criminal Association (Criminal Organisation) or on Participation Therein

New explanations have been prepared as to bringing to criminal responsibility for the creation of a criminal association (criminal organization), for managing it or structural units within it, as well as for participation therein. Their development is caused by adoption of amendments to be made in the Criminal Code of the Russian Federation which, in particular, specify the concept of a criminal association (criminal organisation) proper. The cited association (organization) differs from other kinds of criminal groups due to, among other things, the purpose of committing grave or especially grave crimes, that is, to obtain directly or indirectly financial or other material gains. The concepts of direct and indirect obtainment of the cited gains are disclosed in the Decision. They can be indirect, if crimes do not directly trespass on alien property but can lead to obtainment in the future of monetary assets or rights to such property (or any other material gains) not only by members of an association (organis ation) but also by other persons.
A criminal association (organization) can exercise its criminal activities in the form of a structured organized group or in the form of an alliance of such groups managed by a single governing body.
The Decision enumerates the features of a structured organized group, of a structural unit of a criminal association, as well as of an alliance of organized groups. It is mentioned in the Decision that the readiness of a criminal association (organization) for making crimes can manifest itself , for example, in acquisition and distribution to participants thereof of crime instruments or other means of committing crimes, an agreement on demarcation of areas and spheres of criminal activities.
The Decision analyses the specifics of bringing to responsibility for organizing a criminal association (organisation) or for participation of minors therein, as well as of the persons holding top positions in criminal hierarchy.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 257 of May 20, 2010 on the Instructions for Completing Customs Declarations and on the Forms of Customs Declarations

The Agreement on the Customs Code of the Customs Union will enter into force starting from July 1, 2010. In connection with it, the form of the commodity declaration has been established. The instructions have been endorsed as to entering data to the commodity declaration. The legislation of member states of the Customs Union may introduce additional requirements for completing individual columns of the commodity declaration.
A single commodity declaration shall be used for declaring data on the commodities pertaining to the same shipment which are subjected to the same customs procedure. Data on the commodities pertaining to the same shipment may be declared in several commodity declarations filed with the same customs authority, except when commodities are deemed to be components of something which is presented in an unassembled or dismantled form.
The maximum quantity of commodities that may be declared in the commodity declaration shall be 1000 items.
The commodity declaration consists of basic and supplementary sheets (blank forms). It shall be filed in 4 copies.
When completing the commodity declaration, its electronic copy shall be formed.
The Instructions and the form shall enter into force starting from 2010. Before it, the forms of customs declarations (documents) and the rules for completing them, which are established by the legislation of member states of the Customs Union, shall apply.

Order of the Ministry of Affairs of Civil Defence and Emergency Situations of the Russian Federation No. 185 of April 19, 2010 on Amending the Regulations on Arranging the Supply to the Population of Individual Protection Equipment endorsed by Order of the Ministry of Civil Defence and Emergency Situations of the Russian Federation No. 993 of December 21, 2005

The Order specifies the way of supplying individual protection means to the population.
The federal executive power bodies shall reserve individual protection means for their officials and employees of subordinate state-financed organizations (before it was also done for their family members).
Regional authorities shall also supply individual protection means to children of preschool age, trainees and unemployed persons which reside in a constituent entity of the Russian Federation. Previously it was done for the population of a given area. Before the Ministry of Affairs of Civil Defence and Emergency Situations of the Russian Federation participated in supplying individual protection means to some categories of the population - children; unemployed pensioners and persons residing close to radiation-dangerous, chemically and biologically hazardous facilities - on account of the federal budget. It shall not be done from now on.
The list of areas whose residents are to be provided with individual protection means in war time has been reduced. Now it does not comprise inhabited localities with the facilities which are crucial for national security.

Decision of the Constitutional Court of the Russian Federation No. 13-P of June 8, 2010 on the case Concerning Verification of the Constitutionality of Item 4 of Article 292 of the Civil Code of the Russian Federation in Connection with the Complaint of V.V. Chadaeva

In some instances the consent of the bodies in charge of guardianship is required for selling (for other kind of alienation) of residential premises. It is required when at the premises minor family members of the owner thereof reside who are under guardianship or are without parental custody (and this is known to the guardianship body).
The Constitutional Court of the Russian Federation has found such regulation unconstitutional, insofar as it does not enable to protect (in particular judicially) violated rights of some children.
Here, those of them are meant who are not formally under guardianship and are not without parental custody (according to the data available to the authorities) but they were actually without parental custody at the time of alienation of the residential premises they resided in.
In such situation, one cannot exclude the possibility that parent acts to the detriment of a minor|s interests. So an adequate procedure of their judicial protection is necessary.
The order of alienation of residential promises when the consent of the guardianship body is only required in the two cited instances is not in itself at variance with the Constitution of the Russian Federation.
According to the explanation of the Constitutional Court of the Russian Federation, it has been established subject to the presumption of parents| fair behavior and enables to observe the balance of interests of both children and their parents who are owners of the residential premises.
The laws do not envisage that under certain living circumstances a child|s living conditions cannot be deteriorated in principle, if the parents do their best to minimize them. Where there is a dispute, a court shall eventually resolve the issue if the balance of interests has been disrupted.

Decision of the Plenary Session of the Supreme Court of the Russian Federation No. 16 of June 15, 2010 on the Practice of Application by Courts of the Law of the Russian Federation on Mass Media

Explanations have been prepared as to the application of the rules of the Law on Mass Media, in particular of those regulating liability.
Special attention has been paid to dissemination of information in the Internet. Internet sites are not subject to mandatory registration as a mass medium. However, if the founder expresses such wish, the request thereof may not be rejected. If such registration has been made, the dateline must cite, among other things, the registration body and registration number. Accordingly, it is necessary to follow the procedure for updating these data. It is not necessary to obtain a licence for dissemination of data through Internet sites. On the whole, the law|s requirements shall be applied in such instances subject to the specifics of information dissemination through such networks.
The most disputable point is the placement of messages at forums of Internet sites. If a site is registered as a mass medium and comments of its readers are placed without their preliminary editing (for example, at the forum thereof), the editorial board shall not be held liable for its content. If the authorities make an application in connection with an abuse, the editorial board is entitled to delete or edit them. The availability of such application will be taken into account, if the claims are made with a court.
A separate section of explanations concerns censorship and the need for preliminary coordination of materials or messages. Particularly, such demand made by the founder of a mass medium is lawful, if it is provided for by the charter of the editorial board (by the agreement used instead of it). Otherwise, the interference thereof shall be deemed unlawful. An appropriate demand of an official (who has been interviewed) addressed to a reporter shall not be deemed censorship. If the editor in chief or the founder are liable for the materials| content, their demand as to preliminary coordination thereof shall be lawful. If not, any interference into the editorial board|s professional independence or into that of a reporter shall be deemed unlawful.
The law establishes an exhaustive list of grounds for the refusal to register a mass media.

Letter of the Federal Tax Service No. SHS-37-3/4144@ of June 15, 2010 on the Data Required for Estimation of Tax on Minerals| Extraction for May, 2010

As from January 1, 2007, the rate of tax on minerals| extraction which is equal to 419 roubles per 1 ton of extracted oil which is dehydrated, desalted and stabilized shall be multiplied by the coefficient showing the movement of world oil prices (Kts) and by the coefficient showing the working-out degree of a specific subsoil plot (Kv).
Data for estimation of tax on minerals| extraction for May, 2010 are cited. As the average price level of Urals oil in the Mediterranian and Potterdam crude oil markets is 73.04 US dollars per barrel and the average exchange rate of the US dollar to the rouble in the cited tax period is 30.3582, the Kts shall be 6.7509 (in the previous tax period the Kts was equal to 7.5345). The Kv value shall be independently estimated by a taxpayer.
Thus, in connection with the reduction of oil prices, the rate of tax on minerals| extraction in respect of oil has reduced as compared to the previous tax period.
Data for estimation of tax on minerals| extraction for April, 2010 are stated in Letter of the Federal Tax Service of Russia No. SHS-37-3/1895 of May 19, 2010.

Federal Law No. 121-FZ of June 17, 2010 on Amending Article 29 of the Law of the Russian Federation on Education

The federal law specifies a procedure for financing pupils| catering at general education institutions. According to the amendments made, regions are entitled to allocate assets for catering pupils of accredited non-governmental general education institutions. Earlier catering has been only provided for municipal education institutions.

Federal Law No. 120-FZ of June 17, 2010 on Amending Article 184 of the Criminal Code of the Russian Federation

The federal law specifies some provisions of the Criminal Code of the Russian Federation which concern bribing of participants and organizers of professional tournaments and spectacular commercial tenders. According to the amendments made, persons who have committed the crime because of extortion on the part of participants and organizers shall be released from liability. They also concern citizens who have voluntarily reported on bribery to the body authorized to initiate criminal proceedings.

Federal Law No. 119-FZ of June 17, 2010 on Amending the Federal law on the State Registration of Rights to Immovable Property and Transactions Therewith, as Well as Some Legislative Acts of the Russian Federation

The purpose of the amendments lies in increasing protection of participants in share construction. They consolidate the list of outlays to be made on account of shareholders. The latters are entitled to dissolve an agreement judicially in the event of spending assets by the builder for a wrong purpose. Earlier a shareholder could deny execution of an agreement, if the builder had not transferred the construction object within the time period fixed by the former. Now such right arises in two months after the expiry of this time period. The minimum warranty period of the technological and engineering equipment forming part of the construction object to be transferred to shareholders has been reduced from 5 to 3 years. A share construction object shall be in a shareholder|s pledge as from the date when a permit is obtained to put it in operation (earlier as from the time of the state registration of the builder|s right of ownership). The builder|s guarantor shall bear subsidiary liability with respect to the builder|s commitments, rather than joint one. Now shareholders| assets may not be attracted on the basis of the Law on Investment Activities in the form of capital investments. Administrative liability has been established for non-presentation of documents (data) to the body exercising control and supervision over share construction. Not only the agreements of participation in share construction but also the rights of their participants to an appropriate construction object shall be subject to the state registration. The builder|s services within the framework of an agreement of participation in share construction (except for those which are rendered while building a construction object of industrial purpose) shall be exempted from value-added tax.

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 17933/09 of May 11, 2010

The reason for a company|s taking a legal action was the refusal to reimburse value-added tax out of the budget. In the opinion of a tax authority, the company had no right to apply the zero rate of value-added tax when exporting repair technical documentation for sale (because the latter is not a commodity). The Presidium of the Higher Arbitration Court of the Russian Federation has found the refusal unlawful and has given the following explanations. By virtue of the Tax Code of the Russian Federation, when selling commodities exported under the customs treatment of export, the 0% rate of value-added tax shall apply. A taxpayer is entitled to reduce the total amount of the tax subject to deductions from it. The tax amounts drawn against a taxpayer when acquiring commodities (works, services) on the Russian territory shall be subject to deduction. The Tax Code of the Russian Federation recognizes as a commodity any property sold or intended for sale and as a service any activity whose results, not being material ones, are sold and consumed in the course of exercising it. In the case under consideration the company under a contract of commission made with an enterprise was obliged to supply thereto repair technical documentation. To discharge this obligation it addressed Russian contractors which are developers thereof. Neither the enterpriser, nor the company have developed this documentation and have not registered it as an intangible asset. It has been acquired by the company and itemized solely as a commodity for its exporting. Hence, the documentation exported for sale is a commodity

Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/1-276 of June 11, 2010 on Execution by a Bank of the Decision of a Tax Authority on Suspending Operations on Taxpayer|s Accounts Pending the Receipt of the Decision on the Reversal of Suspending Operations on Accounts of This Taxpayer

A bank is obliged to execute the decision of a tax authority on suspending operations on a taxpayer|s accounts. It shall be done pending the receipt of a report on reversing it. Such suspension shall be reversed at latest within one day following the date when a tax authority receives the documents (copies thereof) proving the recovery of a tax, penalty or fine. Thus, a bank is not entitled to make operations on a taxpayer|s accounts pending the receipt of the decision on the suspension|s reversal.

Federal Law No. 122-FZ of June 21, 2010 on Amending Article 7 of the Law of the Russian Federation on Retirement Insurance of Persons Who Did Military Service, Service in the Internal Affairs Bodies, the State Fire-Fighting Service, Bodies of Control over Traffic of Narcotic Agents and Psychotropic Substances, Penal Institutions and Agencies, as Well as of Their Families, and Article 3 of Federal Law on Retirement Insurance in the Russian Federation

The law makes some amendments in the pension legislation. Earlier the parents of draftees who had perished (died) while doing military service or who had died as a result of a military trauma after their retirement might only receive the survivor|s pension concurrently with one of two kinds of pensions. They are the labour old-age (disability) pension and the social pension (except for that which is paid in case of loss of breadwinner). A similar rule was in effect in respect of widows of draftees, perished while doing military service as a result of a military trauma, who did not remarry. According to the amendments made, the cited persons are entitled to receive the survivor|s pension concurrently with the long-service (disability) pension. It is also established that unmarried widows of military servicemen doing military service on a contractual basis who has died as a result of a trauma, contusion, injury or illness while discharging their official duties are entitled to receive the survivor|s pension and any other one.

Decision of the Government of the Russian Federation No. 444 of June 16, 2010 on Amending Decision of the Government of the Russian Federation No. 864 of December 31, 2005

The decision makes corrections in the form of a reference note to be attached to the consignment note in respect of ethyl alcohol, alcoholic and alcohol-containing products and specifies a procedure for completing it. Now the form additionally shows the number and date of recording information in the automated system of registration of the volume and turnover of products. Data on the conformity declaration or the conformity certificate may be cited in it. The decision shall enter into effect upon the expiry of a month as from the date when it is officially published.

Decision of the Government of the Russian Federation No. 433 of June 16, 2010 on the Value of the Insurance Year for 2010

The value of the insurance year of 2010 is 10 392 roubles (7 274 roubles 40 kopecks in 2009). On the basis of it, the amount of the monthly fixed payment to be made by individual businessmen, lawyers and notaries to the budget of the Pension Fund of the Russian Federation as an insurance contribution for obligatory pension insurance is specified. The value of the insurance year is also used in estimation of the amount of federal budget assets allocated to the Pension Fund of the Russian Federation to compensate for payment of insurance contributions for persons who are on a leave for taking care of a child under 1,5 year old and for draftees. The value of the insurance year is estimated on the basis of the tariff of insurance contributions for obligatory pension insurance and the minimum labour wage fixed as of the start of a year.

Decision of the Government of the Russian Federation No. 442 of June 16, 2010 on the Rates of Export Customs Fees in Respect of Some Kinds of Timber Exported Outside Member States of Agreements on the Customs Union

The decision fixes a combined export customs fee in respect of other (except for oak, beech and ash) kinds of non-processed timber and those processed using conserving agents (CC FEA Code 4403 10 000 9). Its rate constitutes 25% of the customs value but at least 15 euros per 1 cubic meter. Earlier it was 100 euros per 1 cubic meter. The decision shall enter into effect upon the expiry of 1 month as from the date when it is officially published.

Decision of the Government of the Russian Federation No. 431 of June 10, 2010 on the Expenditure Rate in the Form of Losses Caused by Forced Butchering of Poultry and Animals

On January 1, 2010 the amendments made in the Tax Code of the Russian Federation came into force. They concern a list of outlays reducing the tax base for payers of uniform agricultural tax. Earlier losses caused by the mortality of poultry and animals might be accounted within the limits of approved rates. Now the outlays caused by their forced butchering shall be also accounted with the limits of approved rates, except when they are caused by natural calamities, fires, accidents, epizootics and other emergency situations. In this connection, the rates of outlays in the form of losses caused by forced butchering of poultry and animals are fixed. The decision shall enter into effect as from the date when it is officially published and shall extend to the legal relations arising since January 1, 2010.

Decision of the Government of the Russian Federation No. 419 of June 9, 2010 on Supplying Data on the Activities Connected with Traffic of Precursors of Narcotic Agents and Psychotropic Substances and on Registration of Operations Connected with Their Traffic

Under the decision, legal entities and individual businessmen are bound to report on the activities connected with the traffic of precursors of narcotic agents and psychotropic substances. Here those of them are meant which are included in List IV and are subject to control. Quarterly and annual reports on the quantity of each precursor made shall be formed. Annually shall be drawn up reports on the volume of sold and used substances. They shall be submitted to regional agencies of the Federal Service for Control over Traffic of Narcotics of the Russian Federation. Reports on precursors| importation (exportation) shall be also drawn up. They shall be forwarded to the Ministry of Industry and Trade of the Russian Federation. Forms of the cited reports are shown and the time for their presentation is fixed. When exercising activities connected with the traffic of precursors, any operations in the course of which the quantity of substances is changed shall be entered to a special register. The specifics of registering operations which involve serving out, sale, acquisition or use of some substances are established. Every month an entry shall be made in the register on the total quantity of served, sold, acquired or used substances. There is no need for proving these operations by documents. The decision makes amendments in some acts of the Government of the Russian Federation concerning registration of narcotic agents and psychotropic substances. The decision shall enter into force as from July 22, 2010.

Decision of the Government of the Russian Federation No. 409 of June 9, 2001 on the Exercise by Officials of the Federal Service for Supervision over Transport of Control (Supervisory) Functions

The decision defines the scope of authority of officials of the Federal Service for Supervision over Transport (of its regional agencies) authorized to exercise control (supervisory) functions. The latter shall be exercised in the following areas: civil aviation, use of air space of Russia, air navigation service, air and space search and rescue, sea transport (including sea ports), inland water, railway, industrial, motor and urban land electric transport, navigation hydrotechnical facilities, road facilities, as well as transport safety. A state transport inspector shall exercise control (supervision), in particular, over the exercise of activities aimed at reducing harmful effects of transport over the environment, satisfaction by the entities of the transport complex of the established requirements and ensuring transport safety. An inspector is entitled to examine transport facilities and vehicles, that is, to have free access to official and industrial premises (including an airport|s (airdrome|s) control zone). The inspector is authorised to detain luggage, freight and mail whose air carriage is banned and to participate in investigating accidents (incidents). An inspector shall have a uniform, official identification card, numbered lapel badge and personal numbered stamp. An inspector|s decisions and actions (omission to act) may be complained against. The provisions concerning the rights and responsibility of civil aviation state inspectors, as well as on the Russian Transport Inspectorate, have been invalidated.

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 3342/10 of June 1, 2010

A treasury agency suspended an operation which involved spending assets kept on an institution|s personal accounts. Its failure to implement a decision of a court of law had served as a ground for it. The institution holding that these actions were unlawful took a legal action. It also made the petition for taking interim relief measures - to suspend the operation of the treasury agnecy|s notice (that is, actually to release blocked accounts before settling the dispute). The Presidium of the Higher Arbitration Court of the Russian Federation disagreed with the conclusions made by inferior courts which had deemed possible to take these measures. By virtue of the Arbitration Procedural Code of the Russian Federation, a court may suspend the operation of a disputable act or decision on an applicant|s petition. Meanwhile, as it was stressed by the Presidium, it is inadmissible to suspend the operation of acts or decisions of state and other control bodies where there are grounds to believe that it can disrupt the balance of interests of an applicant and third persons, as well as of public interests. Such suspension is also impossible if it can entail the impossibility to execute a disputable act (decision) in case of the refusal to satisfy the applicant|s claims. In the given case, the courts, having suspended the operation of the treasury agency|s notice, actually impeded execution of an act of a court of law and of a writ of execution as to making recovery from an institution for the benefit of an individual. In so doing, they interfered the activities of a court of law. The Arbitration Procedural Code only allows to suspend recovery under the writ of execution disputed by the claimant, if it is effected in an extrajudicial (direct) procedure. The writ of execution issued by the court does not pertain to such category of documents.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 284 of May 20, 2010 on Specifying the Codes of the CC FEA of the Customs Union and Correcting the Rates of Import Customs Fees in Respect of Some Kinds of Tropical Oils

The decision temporarily (for 9 months) alters import customs fees in respect of palm oil. This concerns raw oil (except for that intended for technical or industrial purposes, excluding the manufacture of food products) and its fractions (except for those intended for the abovementioned purposes, as well as of solid fractions in original packages with net weight of at most 1 kg). Before making the amendments, the rate of the fee in respect of these commodities in boxes, barrels, tanks or cans with net weight of 200 kg or less had to constitute 15 % of the customs value but at least 0.12 euro for 1 kg. Otherwise it would be equal to 0.
Now the following is provided for instead. If these commodities are packed in a tare with the capacity of 20 t or less, the fee rate shall be 0.4 euros per 1 kg. Otherwise it would be equal to 0.
The decision shall enter into force in 30 calendar days after its official publication by the Commission of the Customs Union.

Order of the Federal Financial Markets Service No. 10-29/pz-n of April 27, 2010 on Endorsing the Criteria and Procedure for Inclusion of Foreign Stock Exchanges in the List of Foreign Stocks Exchanges Where the Listing Procedure is a Mandatory Condition for Adoption by a Russian Stock Exchange of the Decision to Admit Securities of Foreign Issuers to Sales without the Decision of the Federal Executive Power Body Responsible for the Securities Market on Their Admittance to Public Placement or Public Circulation in the Russian Federation, as Well as on Endorsing the Cited List

Securities of foreign issuers shall be admitted to public circulation in Russia, if a domestic stock exchange renders the decision on their admittance to sales. To this end, it is necessary for securities (except for those which are held by international financial organizations) to be subjected to a listing procedure at a foreign stock exchange. The latter must be included in the list established by the Federal Financial Markets Service of the Russian Federation. The list is now endorsed, as well as the criteria and procedure for including foreign stock exchanges in it.
The Federal Financial Markets Service of the Russian Federation shall render the decision on inclusion of a stock exchange in the list (on its exclusion from it) on the basis of applications of foreign stock exchanges, international organisations of stock exchanges or of authorized agencies (organizations) of foreign states, as well as of the data inserted (published ) in their official Internet sites. Besides, it may be done on the basis of mass media reports , as well as of applications of legal entities and natural persons. In total, 65 foreign stock exchanges have been included in the list.
The order is registered by the Ministry of Justice of the Russian Federation on June 7, 2010 under registration No. 17494.<

Order of the Ministry of Public health and Social Development of the Russian Federation No. 242n of April 16, 2010 on Endorsement of, and on the Procedure for Keeping and Making, Statistical Registration Forms and Reports on Implementation of the State Task Which Involves Rendering High-Technology Medical Aid to Citizens of the Russian Federation on Account of Budget Appropriations from the Federal Budget

The order endorses new forms of the slip, application and waitlist which are used for rendering high-technology medical aid within the framework of the state task.
The forms of reports on rendering high-technology medical aid and using assets allocated for it have been renewed.
A slip for rendering high-technology medical aid shall be drawn up in respect of every patient using both paper and electronic media. All stages of high-technology medical aid shall be recorded.
Applications for rendering high-technology medical aid shall be formed by regional state power bodies in charge of public health and by federal medical institutions. They shall be forwarded to the Ministry of Public Health and Social Development of the Russian Federation before September 1 of the year preceding the planning period.
Regional agencies and medical institutions, including those which are subordinate to the Ministry of Public Health and Social Development of the Russian Federation, the Federal Medical and Biological Agency and the Russian Academy of Medical Science shall form on a quarterly and annual basis data on rendering high-technology medical aid. Information may be presented both in paper and/or electronic forms.
The previous forms of the cited statistical reports/statements are declared invalidated.
The order is registered by the Ministry of Justice of the Russian Federation on June 17, 2010 under registration No. 17565.

Decision of the Government of the Russian Federation No. 457 of June 21, 2010 on Endorsing the Additional Indexation Coefficient for Social Pensions to Be Applied as from July 1, 2010

Social pensions are indexed on an annual basis for taking into account advance in prices of goods and services in the previous year. Starting from July 1, 2010, the indexation coefficient shall be equal to 1.0341. The decision shall enter into effect as from the cited date

Order of the Government of the Russian Federation No. 967-r of June 10, 2010

A number of organisations making operations in monetary assets or other property are bound to exercise internal control. The purpose of it lies in opposition to legalization (laundering) of incomes derived in a criminal way and to financing of terrorism. The order establishes a uniform approach to the development of internal control rules. It shall be applied by the cited organisations, except for credit ones. Professional participants of the securities market, insurance and leasing companies, federal postal communication organisations, pawnshops, operators engaged in receiving payments, realtor agencies and some other ones are meant here. The internal control rules contain a procedure for documentary recording of required information and for keeping it confidential. They consolidate the qualification requirements for the personnel training. It also establishes the criteria for detecting, and signs of, unusual transactions subject to the specifics of the activities exercised by an organization. A special official shall be held liable for observance of internal control rules. He/she shall head the appropriate structural unit of an organisation. Such official|s functions, powers and duties shall be defined in the internal control rules. The order also contains a list of internal control programmes and describes their content.

Order of the Ministry of Transport of the Russian Federation No. 117 of May 18, 2010 on Amending Order of the Ministry of Transport of the Russian Federation No. 134 of November 8, 2006

The Air code of the Russian Federation provides for the following. If an electronic carriage document is used, a passenger is entitled to receive an attested extract from the automated information system of air carriage registration. In connection with this, the order of the Ministry of Transport of the Russian Federation establishing the form of an electronic air passenger ticket and baggage-check has been amended. In particular, it is specified that the itinerary slip is an extract from the cited system. The itinerary slip is classified as a strict accountability document The order provides for a uniform list of carriage data to be contained in the itinerary slip (extract), electronic flight, check and agency air ticket portions. Earlier it was not obligatory to show some data in these portions. Information about a passenger, tariff and its equivalent (where it is applied), the total cost of carriage, form of payment etc. are meant here. It is defined what the unique number of an electronic air ticket consists of. The order is registered by the Ministry of Justice of the Russian Federation on June 9, 2010 under registration No. 17533.

Order of the Federal Customs Service No. 1144 of June 16, 2010 on Customs Clearance of Machines Supplied as Separate Components

The instructions on classification, customs clearance of and control over machines supplied as separate components provides for the following. Some machines are classified by the Federal Customs Service of the Russian Federation. In order to effect customs clearance thereof according to a uniform code, the Service|s classification decision is required.
As from July 1, 2010, customs clearance of appropriate machines in respect of which such decisions have been previously adopted, if it is not yet completed, shall be effected in compliance with the instructions. It is worth noting that the latter concerns the commodities which are to be placed under the customs treatments of release for internal consumption or free customs zone.
The order is registered by the Ministry of Justice of the Russian Federation on June 21, 2010 under registration No. 17606.

Order of the Ministry of Education and Science of the Russian Federation No. 473 of May 11, 2010 on Amending the Procedure for Enrollment of Citizens to Accredited Educational Institutions of Secondary Vocational Education Endorsed by Order of the Ministry of Education and Science of the Russian Federation No. 4 of January 15, 2009

The order specifies the procedure for enrollment of citizens to institutions of secondary professional education. In particular, institutions of secondary professional education shall enroll citizens who had finished school before January 1, 2009 (that is, before introduction of the uniform state examination) on the basis of the results of entrance examinations held by an institution of secondary professional education. Earlier the cited persons were only enrolled to the department of part-time training (evening classes) or of training by correspondence. Now they are also allowed to enter the department of full-time training.
The order also reviews a list of data to be cited in an application filed by enrollees.

Order of the Ministry of Education and Science of the Russian Federation No. 481 of May 11, 2010 on Amending the Procedure for Enrollment of Citizens to Accredited Educational Institutions of Higher Vocational Education Endorsed by Order of the Ministry of Education and Science of the Russian Federation No. 442 of October 21, 2009

The order corrects the procedure for enrollment of citizens to state-accredited higher educational institutions. It shall not extend to the institutions implementing military vocational educational programmes.
As regards the persons who had received secondary (full) general education before January 1, 2009, the form of entrance examinations for them shall be independently established by a higher educational institution. It concerns all forms of training, rather than only part-time training and training by correspondence, as before. The results of the uniform state examination may be also accepted from the cited persons.
The order established a list of obligatory data to be cited in an application by an enrollee. In particular, data on passing the uniform state examination and on the place where it was passed shall be cited therein. Where there are several results of the uniform state examination whose validity term has not yet expired, in an application it shall be specified, what results and in respect of what general education subjects an enrollee is going to use. Besides, data on the availability or unavailability of the diploma of the winner or prizewinner of an appropriate Olympiad of schoolchildren, as well as special rights as to the enrollment to a higher educational institution. shall be mentioned therein. When filing an application, the model inserted in the official Internet site of a higher educational institution or in the federal state information system ~Uniform Portal of State and Municipal Services (Functions)~ may be used.

Order of the Ministry of Internal Affairs of the Russian Federation No. 333 of May 4, 2010 on Endorsing the Instructions on the Procedure for Acceptance, Registration and Solution by Internal Affairs Bodies of the Russian Federation of Applications, Appeals and Other Information about Incidents.

The new Instructions on the Procedure for Acceptance, Registration and Solution by Internal Affairs Bodies of the Russian Federation of Applications, Appeals and Other Information about Incidents are endorsed. They are not essentially different as compared to the previous ones. But there are some innovations in them.
In particular, now it is allowed to file reports through the Internet.
The operations duty officer is now bound while he/she is on duty to report to the head of the internal affairs division about the reports on incidents that have been received. The latter is bound in the instructions thereof made on an application to identify in writing the executor, time of and procedure for its solution. Appeals in writing that do not contain data on incidents shall be delivered to the secretariat on the basis of the instructions of the head of the internal affairs division. They shall be considered as ordinary citizens| applications. The registration number of the secretariat|s registration form shall be entered to the register of reports. Reports shall be delivered to the executor for solution in compliance with the cited register. In so doing, the time and date of their delivery shall be fixed, with the executor|s signature and family name be affixed thereto.
The inspection materials and a copy of the decision on the refusal to initiate criminal proceedings shall be delivered to the prosecutor within 24 hours as from the time when it is issued for verifying their substantiation and lawfulness. A copy of the decision shall be forwarded to the applicant.
The former instructions are declared invalidated.
The order shall enter into effect upon the expiry of 1 month after the date when it is officially published. It is registered by the Ministry of Justice of the Russian Federation on June 9, 2010 under registration No. 17532.

Order of the Ministry of Industry and Trade of the Russian Federation No. 357 of April 29, 2010 on Endorsing the Rules for Defining by Manufacturers and Importers the Energy Efficiency Class of a Commodity and Other Information about Its Energy Efficiency

The rules for defining by manufacturers and importers of energy efficiency classes of some commodities, in particular of electric compression refrigerators for storing and/or freezing food products at home, washing and dish-washing machines, domestic air conditioners, cooking hot plates, electric cabinet ovens, microwave cookers, colour television sets, devices for heating and liquids| warming, elevators and computer monitors, have been developed.
An appropriate index shall be estimated for defining the energy efficiency class of electric refrigerators. In so doing, the standard and annual volumes of energy consumption, number of partitions for storing food products, their capacity etc. shall be taken into account.
When defining the energy efficiency class of washing machines, shall be taken into account, in particular, the actual energy consumption rate, quality of washing and squeezing out, rate speed of the centrifuge and water consumption.
7 energy efficiency classes are provided for cooking hot plates within the range from A (maximum) to G (minimum). The actual energy consumption shall be taken into account.
As regards elevators, the efficiency coefficient of the electric drive, nominal energy input of auxiliary devices (lighting, ventilation, voice communication, alarm system), elevating capacity, hoisting height and speed shall be taken into account.
To define energy efficiency classes and characteristics, tests (measurements) shall be made, this to be done by accredited laboratories (centers).
The order is registered by the Ministry of Justice of the Russian Federation on June 11, 2010 under registration No. 17550

Decision of the Government of the Russian Federation No. 469 of June 21, 2010 on Endorsing the Model Education Agreement between a Federal State Body and a Citizen of the Russian Federation with Obligatory Subsequent Doing of the Federal Civil Service and on the Procedure for Providing, and on the Rate of, an Additional Payment to Citizens Who Have Made Appropriate Agreements

The decision stipulates that for getting prepared for the civil service a person may be trained under an agreement with its obligatory subsequent doing. The model form of the agreement is endorsed. It shall be concluded on the basis of the results of a competition. Citizens of full age who are going to get higher or secondary vocational education for the first time on a full-time basis may participate in the cited competition. A citizen who has made such agreement shall receive an extra payment in the amount of 50% of the state educational allowance fixed for full-time students. The cited amount shall be remitted to a person|s bank account on a monthly basis.

Decision of the Government of the Russian Federation No. 467 of June 21, 2010 on Reimbursement of Outlays on Reservation and Renting of Residential Premises Connected with Business Missions on the Territory of the Russian Federation to Military Servicemen and Officials of Some Federal Executive Power Bodies on Account of the Federal Budget Assets

The decision defines the way of compensation for outlays on reservation and renting of residential premises to be paid to military servicemen and officials of some departments, in particular of agencies of internal affairs, the state fire-fighting service of the Ministry of Affairs of Civil Defence and Emergency Situations of the Russian Federation the, Federal Service for Control over Traffic of Narcotics, the Federal Customs Service. It also concerns the officer ranks of the State Courier Service.
The outlays shall be reimbursed on account of the federal budget in the amount of actual expenses proved by appropriate documents.
The decision fixes the reimbursement rates. They shall not exceed for persons who are general officers, or have higher officer ranks or an appropriate position, as well as for colonels (I rank captains) holding commanding (executive) positions, the cost of a two-room suite and for all other military servicemen and officials - the cost of a one-room (single) suite.
If there are no supporting documents (a person has not been accommodated at a hotel), the outlays on renting residential premises shall be reimbursed in the amount of 30% of the fixed rate of the per diem allowance for each day while being on a business mission.
Where it is necessary not to stay at a hotel, departments are entitled to define the kinds of documents proving actual outlays on it for reimbursement thereof.

Order of the Federal Customs Service No. 1009 of May 25, 2010 on Amending Order of the Federal Customs Service of the Russian Federation No. 1777 of September 29, 2009

The order specifies the procedure for customs clearance of, and control over, aircrafts and commodities carried by them. The carrier or the person acting on the instructions thereof are entitled to file documents and data with a customs authority prior to the actual arrival of an aircraft and commodities.
It is established that preliminary information about the commodities to be moved across the customs border may be presented in the electronic form.
The order specifies the actions of customs officials while adopting the decision to unload (to export) imported commodities. Where there are bans and restrictions established with respect to the commodities to be imported (exported), the decision on their unloading (exportation) shall be rendered after the carrier (the person acting on the instructions thereof) has presented a set of licencing documents. If commodities| handling is controlled by other bodies, the decision shall be adopted after their activities| completion.
After finishing a check-up of the presented documents and making all necessary notes, in the upper right corner of the general declaration shall be cited the number of the case-file of aircraft|s departure. The order describes the procedure for compiling the latter.
The order shall enter into effect staring from July 1, 2010. It is registered by the Ministry of Justice of the Russian Federation on June 17, 2010 under registration No. 17575.

Order of the Federal Fisheries Agency No. 445 of May 12, 2010 on Endorsing the Procedure for Arranging Control over the Exercise by the State Power Bodies of a Constituent Entity of the Russian Federation of the Powers in Respect of Organisation, Regulation and Protection of Aquatic Biological Resources Delegated Thereto by the Russian Federation

Some federal powers concerning aquatic biological resources have been delegated to the regions. They concern their protection in inland water bodies (with some exceptions), the arrangement and regulation of some kinds of fishing (industrial, amateur, sporting, coastal ones , as well as the one for ensuring the traditional way of life of the indigenous smaller peoples of the North, Siberia and Far East), except for some aquatic biological resources.
The order establishes the way of controlling the exercise of the delegated powers by the Federal Fisheries Agency and by regional bodies (departments) thereof. To this end, inspections shall be made. Information about planned inspections shall be inserted in the Internet. Extraordinary inspections shall be held, if the time period for execution of an order to remove the violations detected before has expired, as well as in some other instances. The subject of the cited inspections is defined and the duties of the officials engaged in an inspection are consolidated.
The order is registered by the Ministry of Justice of the Russian Federation on June 17, 2010 under registration No. 17569.

Order of the Ministry of Natural Resources and Ecology of the Russian Federation No. 138 of April 30, 2010 on Endorsing the Normative Standards of Permissible Taking Out of Hunting Resources and Normative Standards of the Quantity of Hunting Resources in a Hunting Area

The order establishes the limits of taking out hunting resources with respect to certain kinds thereof. They shall be equal to its annual permissible volume. The latter shall be estimated on the basis of the normative standards of their permissible taking out. The hunting resources for which the cited limits are not endorsed shall be taken out in compliance with normative standards and norms in an appropriate sphere.
The order also endorses normative standards of the quantity of hunting reserves in a hunting area. These normative standards shall consist of the indices of maximum and minimum quantity. The latter of the indices shall be only established for those kinds of hunting resources which are taken out in compliance with the limit thereof.
The order is registered by the Ministry of Justice of the Russian Federation on June 18, 2010 under registration No. 17603.

Order of the Ministry of Natural Resources and Ecology of the Russian Federation No. 121 of April 23, 2010 on Endorsing the Procedure for Issuance of Permits to Take Out Hunting Resources and the Form of the Permit to Take Out Hunting Resources

The order defines the procedure for issuance of permits to take out hunting resources. They are required for commercial, amateur or sporting hunting, as well as for hunting for the purpose of scientific research and educational activities, for regulation of the quantity, acclimatization, resettlement and hybridization of hunting resources, maintenance and breeding of the latter in semi-wild conditions or in artificial habitat.
If hunting is planned in an assigned special area, permits shall issued by the organisations and individual businessmen that have made game husbandry agreements or, if hunting is to be carried out in generally accessible areas, by authorised regional agencies. Hunting in specially protected natural areas shall be carried out on the basis of the permit issued by an appropriate environmental institution.
Natural persons whose data is contained in the state game husbandry register or foreigners temporary staying in Russia may obtain such permits. The latter shall make a contract of rendering game husbandry services. The cited organizations and individual businessmen shall likewise issue permits to their employees discharging appropriate duties. The permits shall be issued within a working day or, if an application has been sent by mail, within a five-day term on a payable basis.
The order is registered by the Ministry of Justice of the Russian Federation on June 18, 2010 under registration No. 17604.

Decision of the Government of the Russian Federation No. 468 of June 21, 2010 on the Procedure for Exercising Building Control When Carrying Out Construction, Re-Construction and Basic Repair of Capital Construction Objects

The decision defines the procedure for exercising building control. It shall be done in the course of construction, re-construction and basic repair of capital construction objects. The purpose of building control lies in verifying if carried out works conform to the project and working documentation, the results of engineering survey, the town-planning scheme of a land plot and technical regulations. Such control shall be exercised by the contractor, builder, orderer or by the organisation that has prepared the project documentation and has been attracted for appropriate purposes. The decision establishes a list of control activities. In particular, the contractor shall check the quality of construction materials, articles, structural elements and equipment, as well as the compliance with the norms and rules for stockpiling and keeping these products, order and composition of technological operations etc.. The results of such control shall be recorded in a report. The decision fixes the normative standards of the orderer|s outlays on the exercise of control activities which are covered in full or in part out of the federal budget, as well as the normative standard of the number of the orderer|s personnel engaged in the exercise of such control.

Order of the Ministry of Education and Science of the Russian Federation No. 568 of May 26, 2010 on the Procedure for Holding an Expert Examination of Applications for Participation in a Tender for Obtaining Grants of the Government of the Russian Federation Aimed at the State Support to Scientific Research Works Carried Out under the Guidance of Leading Scientists at Russian Educational Institutions of Higher Vocational Education

Grants of the Government of the Russian Federation shall be granted on the basis of the results of a tender for supporting scientific research works carried out under the guidance of leading scientists at Russian higher educational establishments. Winners of such tenders shall be defined on the basis of the results of an expert examination of applications for participation in a tender. The order consolidates the procedure for holding it. An expert examination shall be held in compliance with the criteria which are established by the Grants| Board. The goal of it lies in assessing the quality, substantiation and expected results of such research works. The tender commission shall form expert groups, each of them consisting of at least 3 persons. The maximum time period while a member of an expert group holds an expert examination shall be 5 days. The information contained in expert opinions shall be confidential. The order is registered by the Ministry of Justice of the Russian Federation on June 18, 2010 under registration No. 17600.

Order of the Federal Tax Service No. MMB-7-3/241@ of May 20, 2010 on Endorsing the Forms of Documents Used by Tax Authorities When They Exercise Their Authority in the Relations Regulated by the Legislation on Taxes and Fees

In 2009 the Tax Code of the Russian Federation was amended, this providing for the claiming procedure for reimbursement of value-added tax. It means that the tax amount claimed for reimbursement in a tax declaration shall be set off (repaid) before completing the desk tax audit held on the basis of it. After filing an application before the end of a desk tax audit a specified tax declaration shall be filed. If, for example, a specified tax declaration is filed before the adoption of the decision to reimburse value-added tax but prior to the end a desk tax audit, the decision in respect of the previously filed declaration shall be reversed. It shall be done at latest on the day following the date when a specified tax declaration is filed. On the basis of this, the form of the decision to reverse the decision on reimbursement of value-added tax in a claiming procedure in connection with filing a specified declaration is endorsed. The order is registered by the Ministry of Justice of the Russian Federation on June 17, 2010 under registration No. 17571.

Order of the Ministry of Transport of the Russian Federation No. 116 of May 18, 2010 on Establishing the Form of an Electronic Multipurpose Document

The order endorses the form of an electronic multipurpose document. It shall be used in rendering services to passengers (including supplementary ones), collection of fees and payments. The document consists of several electronic coupons: cost, control and agency ones. Besides, it includes a receipt. The availability of the latter and of the cost coupon shall be mandatory. The cost coupon shows the following statuses: opened for use; airport control; registration passed; exchange/re-issuance; used for carriage/used; emplanement has been effected; return is effected; suspended; unavailable for use; cancelled; closed. The order describes the content of an electronic multipurpose document. It shall be formed with use of an automated system. The order is registered by the Ministry of Justice of the Russian Federation on June 17, 2010 under registration No. 17567.

Order of the Ministry of Agriculture of the Russian Federation No. 162 of May 14, 2010 on Endorsing the Rules for Using Forests for Processing Timber and Other Forest Resources

The Ministry of Agriculture of the Russian Federation regulates forest relations within the scope of authority thereof. Earlier the Ministry of Natural Resources and Ecology was engaged in it. In connection with this, a new procedure for using forests for the purpose of processing timber and other resources is defined. As before, municipal and state-owned plots shall be let on lease to legal entities and individual businessmen. Such plots may be allotted for permanent (termless) use to federal state institutions, if such institutions are permitted to process timber and other forest resources. In the course of exploiting forests it shall be allowed to construct, re-construct and operate facilities which are not connected with creation of the forests infrastructure. In the course of forest exploitation it shall not be permitted to carryout works which can disrupt the surface and ground water flows, to drown or water-log plots or contaminate the allotted area. The persons engaged in forest exploitation must clean land plots on a regular basis, to restore forest roads, drainage ditches, drainage systems, to prevent emergency situations and fires. The order is registered by the Ministry of Justice of the Russian Federation on June 18, 2010 under registration No. 17594.

Order of the Ministry of Economic Development of the Russian Federation No. 174 of May 11, 2010 on Endorsing the Model Terms and Conditions of an Energy Service Agreement (Contract) Which May Be Included into a Contract of Purchase and Sale, Supply and Transmittance of Energy Resources (Except for Natural Gas)

The law on energy saving and enhancement of energy efficiency has introduced into the civil circulation an energy service agreement (contract). The subject of the latter are the executor| actions which are aimed at saving energy and enhancing the efficiency of using the orderer|s energy resources.As agreed by the purchaser and the person which sells, supplies or transmits energy resources, the terms and conditions of such agreement may be included into an appropriate contract, except for natural gas. The model terms and conditions of the cited agreement are defined, in particular a list of the activities to be exercised by the seller (supplier) with the aim of energy saving and energy efficiency enhancement, the value of energy resources| saving in kind, a procedure for assessing it on the basis of readings of registration instruments, time for achieving it etc. The order is registered by the Ministry of Justice of the Russian Federation on June 17, 2010 under registration No. 17573.

Order of the Ministry of Education and Science of the Russian Federation No. 428 of April 23, 2010 on Endorsing the Regulations on the Procedure for Holding an Expert Examination of Text-Books

The order establishes a new procedure for holding an expert examination of text-books. As before, such expert examination is held for the purpose of ensuring text-books| quality. One more aim lies in forming federal lists of editions recommended (admitted) for use at educational establishments implementing general education programmes and accredited by the State. One of the tasks of an expert examination is specified. Earlier the compliance of a text-book|s content was assessed solely with the federal component of the state general education standard, but now it shall be done with respect to the federal state educational standard of an appropriate stage of general education. The other tasks thereof remain the same. The Russian Academy of Science, the Russian Academy of Education, as well as other organisations shall participate in an expert examination. The charters of the latter must be endorsed by the Government of the Russian Federation and provide for appropriate authority. Earlier a list of expert organizations was formed by the Ministry of Education and Science of the Russian Federation. An expert examination shall be held prior to October 15 of the current year (earlier it was done before October 1). Both a positive and negative expert opinions must be substantiated (earlier it concerned only a negative expert opinion). The order is registered by the Ministry of Justice of the Russian Federation on June 23, 2010 under registration No. 17623.

Federal Law No. 123-FZ of June 28, 2010 on Amending Article 1 of the Federal Law on Personal Data and Article 15 of the Federal Law on Ensuring Access to the Information about the Activities of Courts in the Russian Federation.

The amendments made by the law concern information about courts| activities. From now on the Law on Personal Data shall not extend to the relations connected with supply of the cited information by authorized bodies. A list of persons whose family names and initials are not to be excluded from the texts of acts issued by courts of law which are inserted in the Internet has been expanded. Now the cited list includes the plaintiff and defendant, third person, convict, acquitted person, person in respect of which administrative proceedings have been initiated and representative. Initially, solely judges, prosecutors and lawyers were included in the list According to the amendments made, judicial orders shall not be inserted in the Internet. This federal law shall enter into force starting from July 1, 2010.

Decision of the Constitutional Court of the Russian Federation No.14-P of June 22, 2010 on the Case Concerning Verification of Constitutionality of the Subitem (a) of Item 1 and the Subitem (a) of Item 8 of Article 29 of the Federal Law on the Basic Guarantees of Election Rights and the Right to Participation in a Referendum of Citizens of the Russian Federation in Connection with the Complaint of Citizen A.M. Malitsky

The rules under which the obtainment of a residence permit in a foreign state by a Russian citizen deprives him/her of the ability to be a member of a regional election commission (with the right of casting vote) were disputed. The Constitutional Court of the Russian Federation has found such restriction of rights unconstitutional and has given the following explanation. The right to participate in the administration of public affairs is an integral element of the constitutional law status of a citizen in a democratic society. One of the forms of the exercise of this right is the participation in the activities of election commissions and referendum commissions. Ensuring the authority of both such commissions proper and members thereof essentially has the status of a guarantee of election rights. A law may define the circumstances under which a citizen is not allowed to exercise the authority of an election commission|s member. Such restrictions shall be imposed for preventing from participation in such bodies| functioning persons in respect of which there are substantial grounds for having doubts as to their ability to discharge their duties independently, impartially and lawfully. The issuance of a residence permit in a foreign state to a person shows that he/she is granted the status of a permanent resident (of a long-term resident) therein. It suggests the possibility of official use of the document proving such status for certifying his/her identity in this country. The availability of a residence permit, as a rule, does not suggest vesting the holder thereof with political rights in a foreign state (in particular, with the right to elect and be elected). Nevertheless, if such persons are vested with political right to a certain extent, it does not mean that their position in their relations with the country of their nationality will be inevitably changed. Thus, a Russian citizen when receiving a residence permit in a foreign state acquires the right of long-term residence therein. However, it shall not entail the loss or reduction of the value of political and legal relations of a given person with Russia. Accordingly, he/she enjoys the right to participate in the administration of public affairs of the State and, in particular, to be a member of a regional election commission with a casting vote.

Decision of the Government of the Russian Federation No. 472 of June 26, 2010 on Endorsing the Rates of Export Customs Fees in Respect of Raw Oil and Some Categories of Oil Products Exported Outside the Territory of the Russian Federation and Territories of Member States of Agreements on the Customs Union

The fee rate in respect of oil is reduced from 292.1 down to 248.8 US dollars per 1 ton. The exportation of gas oils, benzol, toluene, xylol, light and middle distillates has also become cheaper (179.9 US dollars as compared to 209.1 US dollars before). The fee rate has been reduced from 112.7 down to 96.9 US dollars per 1 ton in respect of oil vaseline, mineral wax and similar products (except for raw and other ones), oil coke and bitumen, other residues of processing oil or oil products made of bituminous rock (except for calcinated coke), liquid fuel, oils and waste oil products. In respect of the cited exceptions the 0 rate shall apply. When exporting propane, butane, propylene, bytilene, butadiene and other liquefied gases, the rate of 20.5 US dollars per 1 ton shall apply ( this being 27.3 US dollars before). The decision shall enter into force starting from July 1, 2010.

A Review of the Legislation and Case-Law of the Supreme Court of the Russian Federation for the First Quarter of 2010 (Endorsed by the Decision of the Presidium of the Supreme Court of the Russian Federation of June 16, 2010).

The review contains the materials of the most illustrative civil and criminal cases, as well as brief conclusions as to some instances of applying laws. A number of issues are considered, including those which arise in disputes resulting from labour, social and public legal relations. Explanations are given in respect of surety|s obligations under a credit contract. If borrowed assets are repaid by making payments on a periodical basis, the limitation period for making claims against sureties shall be calculated starting from the time when a regular payment is mature. An indication in a contract that the cited person have been familiarised with all the terms and conditions of a credit agreement (including the validity term thereof) shall not be deemed the term thereof concerning the validity term of a contract of suretyship. For a breach of the Traffic Rules recorded by a special technical device both the natural persons and legal entities which are the owners of transport vehicles may be brought to administrative responsibility. On such occasion, cases on complaining by organisations against decisions shall be within the scope of jurisdiction of courts of law. If the owner of a flat intends to lodge in the flat (in particular in a one-room flat) which is under common share ownership the family members thereof or other citizens, the consent of all co-owners of this residential premises shall be required. Meanwhile, if minors are concerned, they shall be lodged with their parents, regardless of the opinions of other owners thereof. An employer is entitled (by approbation of a trade-union), when making a collective agreement, to define a procedure for estimation of additional stimulating payments provided for by the wage system used by such employer. The concepts of the unmarried mother and of the person bringing up a child without mother have been analysed to apply the guarantees consolidated by the Labour Code of the Russian Federation, as regards the prohibition to dissolve a labour contract on the initiative of the employer. As regards the case-law concerning criminal cases, some peculiarities of qualifying crimes, of the rules for imposition of penalties, as well as procedural matters, have been examined. The position of the European Court of Human Rights shown in some cases against Russia have been stated.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 296 of June 18, 2010 on the Regulations on the Procedure for Adoption by the Commission of the Customs Union of Decisions and Explanations Concerning the Classification of Some Kinds of Commodities

For the purpose of uniform interpretation of the CC FEA the Commission of the Customs Union is entitled to render decisions and give explanations concerning the classification of some kinds of commodities. Authorised customs agencies of member states of the Customs Union may apply to the Commission for this. The Commission shall consider agencies| proposals as to the classification of commodities in compliance with the CC FEA of the Customs Union and appropriate draft decisions and explanations. It may also consult agencies in respect of such classification and coordinate with them draft decisions and explanations thereof. The decisions and explanations made by the Commission may be amended or reversed. It shall be possible, if the CC FEA of the Customs Union has been corrected, or errors have been detected, or additional information has been obtained. The Commission|s decisions shall be inserted in the official Internet site thereof. They are binding for member states of the Customs Union. The decision shall enter into force starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 293 of June 18, 2010 on Some Issues of the Transitional Period, as Regards Collection of Indirect Taxes When Exporting and Importing Commodities, Carrying Out Works and Rendering Services in the Customs Union

As from July 1, 2010, the Customs Code of the Customs Union shall enter into force. In this connection, some decisions have been adopted which concern the transitional period. A number of customs treatments applied before the cited date to domestic commodities imported to a member state of the Customs Union from another one or exported from a member state of the Customs Union to another one shall be terminated in the following way. Commodities shall be declared in the procedure effective at the time when the application of these treatments began. The treatments of processing on (outside) the customs territory and for internal consumption are meant here. The same is true in respect of temporary storage of commodities moved within the framework of mutual trade. Indirect taxes on commodities imported from (exported to) member states of the Customs Union which have been subjected to customs procedures, treatments and operations in compliance with the national legislation and have not been completed before July 1, 2010 shall be collected by customs authorities of the parties. In mutual trade the following rule shall apply to the commodities which have been preliminary declared with a customs authority of the importing country and in respect of which indirect taxes have been paid. To prove the reasonableness of the zero rate of value-added tax and/or exemption from excise duties the exporter of commodities shipped after July 1, 2010 shall file , instead of an application for commodities importation and payment of indirect taxes, a copy of the customs declaration drawn up when releasing commodities for free circulation.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 288 of June 18, 2010 on the Form of the Customs Pay-In Slip and on the Procedure for Completing and Applying the Customs Pay-In Slip

As from July 1, 2010, the Customs Code of Russia, Belarus and Kazakhstan shall enter into force. Natural person moving commodities across the border of the Customs Union for personal use shall pay taxes and fees on the basis of the customs pay-in slip. The decision endorses the form of the customs pay-in slip and a procedure for completing it. Forms of the customs pay-in slip consist of sewn sheets and shall be completed by a customs official in three copies. Additional sheets shall form an integral part of it. The customs pay-in slip shall apply for showing the computation and/or making, as well as for automating registration, of payments and other amounts administered by customs authorities. The decision shall enter into force starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 287 of June 18, 2010 on Endorsing the Form of the Passenger Customs Declaration and the Procedure for Completing the Passenger Customs Declaration

In some cases a natural person crossing the border of the Customs Union shall be bound to declare in writing commodities intended for personal use. Their list is established in the Customs Code of the Customs Union. It concerns, in particular, cultural valuables, commodities which are moved as unaccompanied baggage or in respect of which bans and restrictions are imposed, temporary imported transport vehicles, securities and currency valuables. A citizen may also declare other commodities at his/her choice. The form of, and procedure for completing, the appropriate declaration are endorsed,.It consists of three form sheets. The last of them shall be completed, if cash money (including foreign currency) and traveler|s cheques in the amount exceeding 10 thousand US dollars are carried. It shall also be completed when moving other monetary instruments in a documentary form. The declaration shall be comprehensibly competed by hand. Electronic printers may be also used. Data shall be stated in the state language of a member state of the Customs Union, Russian or English. Some other language, hich an official has command of, may be used by authorization of a customs agency. Pending January 1, 2010, the declaration forms established by the legislation of a member state of the Customs Union before July 1, 2010 may be used. The decision shall enter into force starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 289 of June 18, 2010 on the Form of and Procedure for Completing the Transit Declaration

In pursuance of the Customs Code of the Customs Union, forms of the transit declaration and of its supplementary sheets are endorsed and a procedure for completing them is defined. Data on the commodities pertaining to a single shipment may be declared in a single transit declaration. A single shipment means the commodities carried from a single consignor to the address of a single consignee under a single carriage document. The transit declaration shall be completed using a printer on A4 format sheets. In so doing, amendments and/or addenda may be made by hand in block letters. Amendments and/or addenda shall be certified on each sheet of the transit declaration by the person making them. The customs official shall affixed thereto his/her signature and personal numbered stamp. It is allowed to cite denominations and addresses of foreign persons in Latin. Data defining commodities individual features, as well as numbers of transport vehicles, routes, documents etc. may be cited in the language of the original documents. When moving commodities across the territory of solely one member state of the Customs Union, the legislation thereof may establish the spepcifics of declaring data in the transit declaration, as well as of the procedure for applying it. The forms and procedure shall be used starting from January 1, 2011. Pending this date, the forms (blank forms) of customs declarations (documents) and the procedure for completing them established by laws of member states of the Customs Union shall be used.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 299 of May 28, 2010 on Exercising Sanitary Activities in the Customs Union

The Agreement of the Customs Union on Sanitary Activities was ratified in May, 2010. It extends to the persons, transport vehicles, as well as to the products in the Comprehensive List of Commodities Which Are Subject to Sanitary-and-Epidemiological Supervision (Control) at the Border and Territory of the Customs Union. The decision contains a list of such commodities and establishes sanitary-and-hygienic requirements for them. The list comprises three sections. One of them enumerates the products which are subject to the state registration accompanied by issuance of certificates. The manufacturers and suppliers shall obtain them on the basis of applications and required documents, the maximum time period for their issuance being 30 days. The decision defines a procedure for exercising the state sanitary-and-epidemiological supervision (control) over persons, transport vehicles and commodities crossing the border of the Customs Union. On some occasions, transport vehicles and persons shall be subject to sanitary-and-quarantine control upon their arrival to (departure from) the territory of the Customs Union. It shall be possible if there is a risk of an emergency situation in respect of sanitary-and-epidemiological safety of the population. The commodities included into the comprehensive list shall be only moved through special checkpoints opened for international carriage where sanitary and epidemiological control shall be exercised. The decision shall enter into force starting from July 1, 2010, except for some provisions thereof.

The Budget Message of the President of the Russian Federation in Respect of Budget Policy in 2011-2013

The message defines the basic objectives and tasks of the budget policy for 2011-2013 and further on. Its main reference pints shall be the comprehensive modernization of the economy, enhancement of its effectiveness and competitive ability, improvement of the investment climate and attainment of concrete results. The problem of budget deficit is still urgent. The task is set to gradually reduce it. By 2013 the budget deficit shall be at least halved as compared to 2009. The use of oil and gas receipts must be restricted. Special attention shall be paid to rendering support to innovative technologies, first and foremost in such areas as energy efficiency, medical equipment and pharmaceutics, outer space and telecommunications, nuclear technologies, strategic computer technologies and software. One more important task lies in enhancing the effectiveness of the population|s social protection. The State must discharge all its obligations as to payment of social allowances and compensations. In so doing, it is necessary to increase support to families whose incomes are below the cost of living. As from April 1, 2011 it is planned to raise monetary allowance for military servicemen and for persons who are equated to them, as from June 1, 2011 - the salary funds of employees of federal state institutions (amounts of subsidies to budget-financed and autonomous institutions) and monetary allowances to judges and prosecutors and as from September 1, 2011 - to increase the scholarship fund. By the end of 2010 all the previous obligations as to providing permanent living quarters to military servicemen must be discharged and by 2012 this must be done in respect of service housing. It is worth supporting companies where intellectual labour is predominant. Their tax burden may be reduced. Besides, there is the intention to relieve before 2020 educational and public health care institutions of value-added tax ( as regards the activities which are socially important).

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 314 of June 18, 2010 on Correcting the Rates of Import Customs Fees of the Uniform Customs Tariff of the Customs Union in Respect of Components for Eye-Glass Frames

The rate of the import duty in respect of plastic parts of eye-glass frames and fittings for eye-glasses (in particular for sun glasses) and other similar optical instruments (CC FEA Code of the Customs Union 9003 90 000 1) shall be raised from 0 to 15% of the customs value thereof. Other parts shall be charged at the 0 rate (Code 9003 90 000 9). The decision shall enter into effect starting from the date when it is officially published by the Commission of the Customs Union.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 311 of June 18, 2010 on the Instructions on the Procedure for Making Customs Operations in Respect Commodities Intended for Personal Use Which Are Moved by Natural Persons Across the Customs Border and for Showing the Fact That Such Commodities Are Not under Customs Control

As from July 1, 2010, the Customs Code of the Customs Union shall enter info force. Starting from the cited date the international agreement concerning movement of commodities for personal use by natural persons across the customs border of the Customs Union shall apply. In this connection, the instructions consolidating the way of making customs operations in respect of these commodities have been endorsed. They also establish the way of showing the fact of recognizing them as not being under customs control At the places where the appropriate operations are made shall be placed the information which is required for declaring commodities and presenting them for release. Some documents drawn up in a foreign language shall be accepted without having been translated. The passenger customs declaration shall be registered. In certain instances, such registration shall be denied. If a declarant follows the procedure and observes the terms provided for by the legislation of the Customs Union, the customs authority shall release commodities. The decision establishes the specifics of making customs operation in respect of motor vehicles. It shall enter into force as from the starting date of temporary application of the international agreement.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 310 of June 18, 2010 on Endorsing the Instructions on the Procedure for Using as the Customs Declaration the Documents Provided for by Acts of the Universal Postal Union

According to the Customs Code of the Customs Union, the documents provided for by acts of the Universal Postal Union may serve as the customs declaration in respect of the commodities contained in international postal sendings. The decision endorses the instructions on the procedure for such use thereof. The cited documents may be accepted by customs authorities as the transit declaration and the declaration in respect of commodities. The decision defines the data which must be contained in the cited documents for their use as the customs declaration (data on the sender and recipient, countries of dispatch and destination, commodities| gross weight etc.), as well as the requirements for completing them. Where it is established by acts of the Universal Postal Union, commodities that have been sent may be returned to the sender thereof. In such case, an application in writing of the postal communication operator shall be accepted as the declaration. The accompanying documents provided for by acts of the Universal Postal Union shall be attached to the application. The decision shall enter into effect as from the date when the Agreement on the Customs Code of the Customs Union enters into force.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 309 of June 18, 2010 on the Specifics of Commodities| Customs Declaring, Norms of Carrying Some Categories of Commodities Moved by Diplomatic Representative Offices, Consular Offices, Other Official Representative Offices of Foreign States, by International Organisations, the Personnel of These Representative Offices, Institutions and Organisations for Official Use Thereof

The decision defines the way of declaring commodities moved for official use by diplomatic and other representative offices of foreign states, consular offices, international organisations and by the personnel thereof. The customs transit is not meant here. Commodities shall be declared with a customs authority of the member state of the Customs Union where the cited person is to stay. The legislation of a member state of the Customs Union shall define the specifics of commodities| customs clearance and endorse the declaration|s form. The carriage rate may be also established. The decision shall enter into force as from July 1, 2010.

Order of the Ministry of Economic Development of the Russian Federation No. 229 of June 4, 2010 on the Requirements for Energy Efficiency of Commodities Used for Making Construction Units of Buildings, Structures, in Particular Engineering Resource-Supply Systems Affecting the Energy Efficiency of Buildings, Constructions and Structures

Orders for meeting state and municipal needs shall be placed subject to the energy efficiency requirements. The order defines such requirements for commodities used in making construction units of buildings, constructions and structures (including engineering resource-supply systems affecting the energy efficiency of the cited immovable property items).
Heating radiators must have on the heat carrier supply pipes heat capacity control devices (thermostatic or manual regulating cocks). At public places combination faucets and cocks shall have the function of automatic blocking of water supply, Entrance doors shall be equipped with door closers, except when it is impossible to install them.
Metering devices for electric energy (power) registration shall have the accuracy class of 0.5 and more. The function of registration of electric energy consumed at various time periods of the day shall be likewise provided for.
When placing orders to supply double-glass panes with the total glass area over 200 square meters per year, the share of double-glass panes whose heat transmission resistance indices are lower than those of double-glass panes which have glass with low-emission solid covering shall not exceed 90 %. If an order to supply illumination devices for buildings, thoroughfares and major streets exceeds 500 units per year, the share of illumination devices, other than light-emitted diodes, shall not exceed 95%.
The order is registered by the Ministry of Justice of the Russian Federation on June 24, 2010 under registration No. 17626.

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