The following issues are scheduled for discussion:
1. Implementing the measures envisaged by road-maps to improve the business climate developed under the National Entrepreneurial Initiative for Improving the Investment Climate in the Russian Federation
Road-maps in five areas have been approved on simplifying the procedure for issuing construction permits, on the customs administration, on supporting access to foreign markets, on property registration, and on facilitating access to the power infrastructure.
2. Draft federal targeted programme The Development of the Russian Judicial System 2013-2020
The programme is aimed at ensuring continuity in implementing the measures that began under the federal targeted programmes The Development of the Russian Judicial System 2002-2006 and The Development of the Russian Judicial System 2007-2012.
The choice of the programme’s goals and objectives is based on the provisions of the Long-Term Social and Economic Development Concept up until 2020, as well as the presidential executive orders On the Long-Term State Economic Policy and On the Major Guidelines for the Improvement of the State Administration System.
The programme is aimed at improving the administration of justice and improving the judicial protection of the rights and the legitimate interests of citizens and organisations.
3. Draft federal law On Introducing Amendments to the Federal Law On the Mandatory State Insurance of the Life and the Health of Servicemen, Citizens Summoned for Reserve Training, Junior Enlisted Personnel and Commanding Officers of the Internal Affairs Bodies, the State Fire Service, and the Bodies and the Employees of the Penal Enforcement Institutions and Bodies
The draft federal law establishes the insurer's responsibility for all of the insured for all of the insured occurrences for the term of the insurance contract signed by the entity.
To this end, an amendment has been introduced to the preamble of the Federal Law On Mandatory State Insurance to include in the category of servicemen and citizens with this status for the purpose of insurance those citizens who have been discharged from the military service or reserve training, finished reserve training prior to the expiry of one year after being discharged from military service , or were discharged from some other military training service. Mandatory state insurance is governed by a contract stipulating all of the substantive insurance terms, rights and obligations of the parties. The draft law envisages the Government's adoption of a model mandatory state insurance contract to guarantee the signing of mandatory state insurance contracts in strict accordance with the Federal Law On Mandatory State Insurance.
The draft federal law would also specify the provisions of the Federal Law On Mandatory State Insurance concerning the calculation of the insurance premium, and rule out the need to have the insurance tariff approved by the Ministry of Finance and introduce various requirements to the calculation of the insurance premium, including the use of a uniform method for calculating the insurance premium approved by the Ministry of Finance, the use in the calculations of a uniform insurance sum under the insurance contract in the amount of 2 million roubles per insured person, the accumulation by the insured and the insurers of the statistical data needed to calculate the insurance premium, and the sharing of this information in accordance with the law on state secrets.
4. Draft federal law On Introducing Amendments to Certain Legislative Acts of the Russian Federation Relating to Illegal Financial Operations
The draft federal law would introduce amendments to the federal laws On the State Registration of Legal Entities and Individual Entrepreneurs so far as it relates to expanding the list of grounds for withholding state registration, On Accounting so far as it relates to ensuring the preservation of accounting and other documentation when an organisation’s management changes, and On Insolvency (Bankruptcy) so far as it relates to establishing the financial liability of individuals controlling the debtor, of the debtor's CEO and the members of the liquidation commission whose actions led to bankruptcy.
The draft also introduces amendments to the Civil Code so far as it relates to establishing the timeframe for the liquidation of a legal entity upon the decision of the founders or an authorised government body, and to the Tax Code and the Law On Tax Agencies so far as it relates to specifying the authorities of the tax agencies. Thus, the draft would add to the Tax Code a provision on imposing taxes and levies if the liquidation commission fails to comply with the duty of paying taxes and levies that arises after a decision on the voluntary liquidation of an organisation has been adopted based on civil legislation.
Amendments are also introduced to enable tax agencies to obtain data on the existence of the accounts of individuals, as well as an amendment that would make it a requirement for a tax-paying organisation to receive postal dispatches at its address as indicated in the Unified State Register of Legal Entities. These amendments have been prompted by the need to prevent taxpayers from giving false addresses, which hinders correspondence with them and the delivery of tax agency documents.
The draft also introduces amendments to the Federal Law On Counteracting Money Laundering and the Financing of Terrorism aimed at preventing illegal financial operations in line with the new recommendations of the Financial Action Task Force on Money Laundering (FATF) adopted in February 2012. Thus, for example, the list of organsations obliged to comply with the law will expand and a list of operations subject to mandatory control will be introduced.
The federal laws On Operational and Investigative Activities and On Banks and Banking will include new provisions granting operational and investigative agencies the right, on the basis of a court ruling, during their activities to access information containing the banking secrets.
In accordance with the FATF recommendations that came into force in February 2012, provisions will be added to the Criminal Code that envisage the confiscation of revenues from economic crimes optimising the liability for money laundering, as well as for socially dangerous violations of the law consisting of trans-boundary movements of currency assets
The draft law would also criminalise illegal movement across the EurAsEC Customs Union customs border of cash in the Russian currency and/or in foreign currency, as well as traveller’s checks and foreign or domestic securities.
Some amendments, including those of a legal and technical character, will be introduced to the Criminal Procedural Code and the Code on Administrative Offences. Thus, to ensure that residents timely and fully submit the documents stipulated under the Federal Law On Currency Regulation and Currency Control to the tax agencies, the draft law will increase the fine for failing to submit such documents.
The draft also introduces amendments to the Code on Administrative Offences that expand the list of actions that may be seen as grounds for instituting administrative proceedings. Thus, for example, pursuant to the Federal Law On Insolvency (Bankruptcy), the receiver is vested with broad authority to manage the legal entities and individual entrepreneurs with regard to whom bankruptcy proceedings have been instituted. These authorities include disposing of a debtor’s property, challenging transactions, filing lawsuits for subsidiary liability, and revealing fictional or deliberate bankruptcy and distributing funds among creditors.
5. Draft federal law On Introducing an Amendment to Article 31of the Federal Law On Introducing Amendments to Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation
The draft law leaves in place the current procedure of taxing incomes through insurance payments under voluntary long-term life insurance contracts concluded before January 1, 2008 on which employers have paid or are presently paying insurance premiums for their employees both before and after January 1, 2008.
According to the draft law, the individual income tax sums withheld by employers as insurance premiums paid for their employees before January 1, 2008 will be subject to redemption under the procedure stipulated by Article 231 of the Tax Code, which will rule out the disproportionate taxation of the incomes of individuals under long-term life insurance contracts regardless of the timeframe of the payment of the insurance premiums under such contracts.
6. Draft federal law On Introducing Amendments to the Federal Law On the Protection of Competition
The draft law will drop the notification-based monitoring of various economic M&A deals, viz.:
7. Introducing amendments to Government Resolution No 269 of March 30, 2012
The Government resolution On Additional Requirements to Participants in Placing Orders to Procure Inventory for the Needs of Federal Executive Bodies was adopted on a pilot basis to perfect the mechanisms of supporting domestic enterprises in the awarding of the state order and is aimed at supporting domestic enterprises producing worsted fabric.
Under the draft resolution, goods, materials and components originating from the Republic of Belarus are subject to the same regime as goods, materials and components originating from Russia.
8. Distributing subsidies to the constituent entities of the Russian Federation in support of measures to balance the budgets of the constituent entities of the Russian Federation in 2012
The draft directive will approve subsidies in support of balancing the budgets of constituent entities in the amount of 3.7 billion roubles to be distributed among 33 constituent entities.
The largest subsidies for these purposes will be allocated to the Rostov Region (479.5 million roubles), the Nizhny Novgorod Region (466.5 million roubles), and the Belgorod Region (251.3 million roubles), and the smallest subsidies to the Magadan Region (2.4 million roubles), the Republic of Altai (2.9 million roubles), and the Republic of North Ossetia-Alania (3.7 million roubles).
9. Distributing subsidies in 2012 from the federal budget to the budgets of constituent entities of the Russian Federation to compensate for part of the cost of paying interest on investment loans obtained from Russian lending institutions to develop fisheries
The draft directive approves the redistribution in 2012 of subsidies to compensate for part of the cost of paying interest on investment loans obtained from Russian lending institutions to acquire select fish materials, technology and equipment, and to build, refurbish and modernise industrial complexes for farming fish and domesticated fish species and breeds.
Subject to redistribution are subsidies in the amount of 59.1 million roubles that failed to be used by 10 constituent entities. These funds will be made available to the entities that have the additional need for subsidies for the aforementioned purposes.
10. Introducing amendments and additions to the distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the co-financing of state (municipal) property capital construction under the Automobile Roads sub-programme of the Development of the Russian Transport System (2010-2015) federal targeted programme
The Federal Law On Introducing Amendments to the Federal Law On the Federal Budget for 2012 and the 2013-2014 Planning Period envisages additional subsidies for the co-financing of capital construction projects under the Automobile Roads sub-programme of the Development of the Russian Transport System (2010-2015) federal targeted programme in the amount of 49,262,902,600 roubles.
The draft directive proposes to:
11. Distributing subsidies in 2012 from the federal budget to the budgets of the constituent entities of the Russian Federation to finance organisational measures to provide citizens with drugs, as well as on introducing amendments to the distribution of subsidies granted in 2012 from the federal budget to the budgets of the constituent entities of the Russian Federation for the co-financing of the expenditure commitments of the constituent entities of the Russian Federation connected with the implementation of measures to develop the blood service
The drafts submitted envisage the distribution in 2012 of:
subsidies for organisational measures to provide citizens with drugs intended to treat patients with malignancies of the lymphoid, hematogenetic and similar tissues, hemophilia, mucoviscidosis, hypophysical nanism, Gaucher’s disease, multiple sclerosis and after organ and/or tissue transplantation in the amount of 1,090,274,300 roubles;
12. Distributing in 2013 federal budget subsidies, subventions and inter-budgetary transfers to the budgets of the constituent entities of the Russian Federation, the budget of the city of Baikonur and the federal state budget-supported institutions for the exercise of certain powers in the field of healthcare and the provision of drugs
The Ministry of Healthcare has submitted 16 draft directives on the distribution from the federal budget in 2013 of:
1) subsidies to the budgets of constituent entities for:
2) subsidies to federal state budget institutions under the jurisdiction of the Ministry of Healthcare to finance:
3) subventions to the budgets of constituent entities and the budget of the city of Baikonur to finance the rendering to certain categories of citizens of the social services to provide the necessary drugs and medical supplies and dietary foods for disabled children (27.7 billion roubles);
4) inter-budgetary transfers:
to the budgets of the constituent entities to finance:
13. Distributing in 2012 other inter-budgetary transfers from the federal budget to the budgets of the constituent entities of the Russian Federation to pay the stipends of the President of the Russian Federation and the Government of the Russian Federation to undergraduate and post-graduate students studying in educational programmes corresponding to the priority areas of modernisation and technological development of the Russian economy
The draft directives propose to distribute:
14. Establishing a limit on the size of the staff of the Ministry of Economic Development and introducing amendments to certain acts of the Government of the Russian Federation
The draft would vest the Ministry of Economic Development with new functions connected with Russia's World Trade Organisation membership and increase the central staff of the Ministry by making corresponding cuts to the staffs of the territorial bodies of the Federal Service of State Registration Cadastre and Cartography.
Moscow, December 12, 2012
*Press releases of the Department of Press Service and Information are based on the materials submitted by the federal executive bodies for discussion by the Government meeting.