At the same time, the opinions of the supervisory board in respect to the majority of issued to be considered by it are to be only of a recommendatory character. The sphere of its competence includes only: the consideration of proposals concerning the introduction of changes and amendments to the charter of an autonomous institution; proposals concerning the creation of its affiliations and the opening of its representative offices; proposals concerning the reorganization and liquidation of an autonomous institution; proposals concerning the participation of an autonomous institution in other juridical persons, including those concerning the contribution of monies and other property to the charter (or joint-stock) capital of other juridical persons, or concerning their transfer, in some other manner, to other juridical persons in the capacity of a founder (or participant); the draft plan of the financial and economic activity of an autonomous institution and the reports on its having been carried out; the annual accounting balance; the proposals put forth by the director of an autonomous institution concerning the conclusion of transactions in respect to the disposal of its immovable and especially valuable movable property which, in accordance with Item 2 of Article 3 of this Federal Law, cannot be disposed of by an autonomous institution on its own; the proposals put forth by the director of an autonomous institution concerning the conclusion of big transactions; and the proposals put forth by the director of an autonomous institution concerning the conclusion of transactions in respect to which it is a related party. In respect to some of the issues, the supervisory board may only offer recommendations to an autonomous institution, while in respect to other issues it may make decisions.
The Law determines the competence of the director of an autonomous institution only in most general terms.
Autonomous institutions are allowed to conclude transactions with the participation of related parties. Autonomous institution may indeed conclude transactions in which related parties are partici pants34 but, irrespective of the amount of a transaction, it must be coordinated with the supervisory board. In an event when such a transaction results in a loss, the related parties are to be brought to responsibility on a substantial level.
Such peculiarities of the legal status of an autonomous institution make it an optimal form of organization for rendering budget-funded services on the basis of targeted financing in accordance with the established norms, because, due to the expansion of their economic independence (and primarily – the elimination of the necessity to approve an estimation of revenues and expenses), the State is no longer responsible for the liabilities of an autonomous institution. Besides, the right of the founder to differentiate the terms and procedure for formulating the tasks of an autonomous institution makes it possible to build the relations with such institutions on a contractual basis. In particular, in presence of alternative private suppliers on the market of certain services, the founder can minimize the scope of mandatory tasks by placing the order for appropriate services on the basis of a tender. For their part, autonomous institutions may participate in such tenders on equal terms with other suppliers. The Law “On autonomous institutions” will come into force in early 2007, thus providing an impetus to the reorganization of the budget-funded network at all the levels of the budget system.
II. ORDER, LETTERS 1. Order of the RF FTS of 4 October 2006, No SAE-3-19/654@, “ON APPROVING THE PROCEDURE FOR THE CONSIDERATION, BY THE FEDERAL TAX SERVICE, OF THE APPLICATIONS CONCERNING THE GRANTING OF A DELAY, AN INSTALLMENT PLAN, AND AN INVESTMENT TAX CREDIT IN RESPECT TO THE PEYMENT OF TAXES AND LEVIES” The Law is to come into force from 1 January 2007.
The procedure for the RF Federal Tax Service and its Main Administrative Offices at the places of location of related parties to process the applications submitted by taxpayers concerning the changes, in the form of delays, installment plans, or an investment tax credit, and concerning changes in the timelines established for the payment of federal, regional and local taxes and levies. The functions of the federal agencies are determined, whereby they are to execute control over the compliance, by taxpayers, with the terms established by the decisions that such delays, installment plans, or investment tax credits are granted, as well as by agreements concerning the granting of an investment tax credit accepted by the agencies of the RF FTS. In particular, the Main Administrative Offices of the RF FTS are to keep registers of the granted delays, installment plans and investment tax credits, while the RF FTS’ inspectorates at the places of location of taxpayers, and its interregional inspectorates – in respect to biggest taxpayers, are to supervise the timely redemption of the said arrears, installment plans or investment tax credits. The annexes to the Order contain a number of forms, among which there are: that of the register for granting investment tax credits; that of the register for granting delays in payment; that of the decision for an investment tax credit to be granted. From the moment of this Order’s coming into force, Order RF FTS of 15 July 2005, No SAE-3-19/329@, “On approving the Procedure for the consideration, by the Federal Tax Service, of the applications concerning the granting of a delay, an installment plan, or a tax credit, or an investment tax credit in respect to the payment of taxes and levies, as well as penalties” is to be recognized as null and void.
2. Letter of the RF FTS of 27 October 2006, No ShT-6-03/1040@, “ON SENDING LETTER OF THE RF MINISTRY OF FINANCE OF 3 MARCH 2006, No 03-04-15/52” Letter of the RF Ministry of Finance of 3 March 2006, No 03-04-15/52, has been distributed, whereby the procedure for levying taxes on the monies transferred by a lessee to a lessor, by way of compensating for the lessor’s expenditures associated with covering the cost of electric power within the framework of contracts, under which the cost of services associated with the lease of premises does not include the cost of electric power, is explained. By this letter of the RF Ministry of Finance it is stated, in particular, that the value added tax is not to be levied on the operations that require the supply of electric power and are carried out within the framework of the aforesaid contracts, and accordingly, the invoices for the supply of electric power consumes by a lessee are not to be drawn up The related party must be either a member of staff of an autonomous institution, or a member of one of the administrative bodies. Besides, this party should be related to the second party in a transaction.
by the lessor. In this connection, the amount of the value added tax levied on the lessor and due on the electric power consumed by the lessee, which is claimed by the supplier of electric power, is not to be subject to deduction. The lessee is to compensate for the lessor’s expenditures on electric power and therefore does not possess any invoice for the electric power consumed by the former; consequently, no right for the deduction of VAT transferred by a lessee to a lessor as part of a compensation may arise in respect to the former.
3. Informational letter RF FTS of 24 October 2006, No MM-6-21/1029@, “ON CALCULATING THE RATE OF THE TAX ON THE EXTRACTION OF MINERAL RESOURCES ESTABLISHED FOR SEPTEMBER 2006” The letter contains the data to be applied for calculating the tax on the extraction of mineral resources levied on the extraction of oil in September 2006:
• the average price of Urals on the Mediterranean and Rotterdam crude oil markets - 58.52 USD per barrel;
• the average USD / rouble exchange rate for each day of the tax period – 26.7443;
• the value of coefficient Kts – 5.0742;
• the tax rate, with due regard for the value of coefficient Kts – 2126.0898 roubles per ton.
I. Tolmachiova, L. Anisimova A review of budget legislation adopted in November Federal legislation in November In November 2006, the following changes took place in budget legislation: the law “On Autonomous Institutions” was adopted; the Decree of the RF Government and the Order of the RF Ministry of Finance on the procedure for the execution of and the introduction of alterations into the overall budget revenue and expenditure of the 2006 federal budget were adopted for purposes of implementing the administrative reform; the Letter of the RF Ministry of Finance was issued that clarified the grounds for determining the responsibility for violating budget legislation in the sphere of the procedure for handling cash and the procedure for effecting cash payments, etc.
Federal Law “On Autonomous Institutions”, of 3 November 2006, No 174 FZ In accordance with the RF Civil Code, this Federal Law determines the legal status of autonomous institutions; the procedure for their establishment, reorganization and liquidation; their goals; the procedure for the formation and use of their property; the fundamental principles of administering autonomous institutions; the fundamental principles forming the basis of the relations between autonomous institutions and their founders, and their relations with the participants in civil turnover;
and the responsibilities of autonomous institutions in respect to fulfilling their obligations.
Thus, a non – for – profit organization established by the Russian Federation, or a subject of the Russian Federation, or a municipal formation, in order to perform work or provide services for the purposes of executing the powers of bodies of state authority and the powers of local self – government bodies in the sphere of science, education, public health care, culture, social protection, employment, physical culture and sports, is to be deemed to be an autonomous institution.
It is also established that an autonomous institution can be created by way of its establishment or by way of changing the type of an existing state or municipal institution.
Decrees of the Government of the Russian Federation Decree of the RF Government of 23 November 2006, No 713, “On the Introduction of Alterations in Decree of the Government of the Russian Federation of 29 May 2006, No 336” The alterations introduced in Decree of the RF Government of 29 May 2006, No 336, “On the additional measures designed to assist the federal executive authorities and the supreme executive authorities of subjects of the Russian Federation in implementing administrative reform in the year 2006” are concerned with the procedure for transferring the funds of the 2006 federal budget earmarked for being used by the Clerical Office of the RF President, to the federal executive authorities who have become the winners of the corresponding competitive selection and to the RF Ministry of Economic Development and Trade, so that they could finance the measures conducted within the framework of administrative reform. Apart from this, the reports of the federal executive authorities and the supreme executive authorities of subjects of the Russian Federations regarding the use of funds earmarked for the implementation of administrative reform are henceforth to be submitted to the RF Ministry of Economic Development and Trade.
The normative acts issued by the Ministry of Finance of Russia and by other federal bodies of executive authority Order of the RF Ministry of Finance of 23 November 2006, No 148n, “ On the introduction of alterations in the procedure for executing the overall budget revenue and expenditure of the 2006 federal budget, and on the introduction therein the alterations authorized by Order of the Ministry of Finance of the Russian Federation, of 20 December 2005, No 151n”.
For purposes of implementing the Federal Law “On the Introduction of Alterations in the Federal Law “On the 2006 Federal Budget”, the Order removes the limitation concerning the time of submitting, to the RF Ministry of Finance, by the major asset managers of the federal budget funds, any alterations in the federal budget’s expenditure and in the limits of budget liabilities.
Letter of the RF Ministry of Finance of 2 November 2006, No 10-5-3/4361.
In particular, the Letter clarifies that, in accordance with Article 289 of the RF Budget Code, the non-targeted use of budget funds should be understood as the spending of such funds on purposes that do not correspond to the terms established for obtaining the said funds, these terms being determined by the authorized budget, by budget revenue and expenditure, by a notification on the budget assignations, by estimates of revenue and expenditure, or by any other legal justification for obtaining such funds.
Proceeding from the aforesaid norm, the effectuation of cash expenditures by the major asset managers (or managers) of the federal budget funds does not fall within the definition of non-target financing, if it is executed within the limits of budget expenditure established for them and in accordance with an estimate of revenues and expenditures.
At the same time, it is stated that the use of cash for purposes not indicated by a recipient of budget funding on the reverse side of a cheque represents a violation of the procedure for handling cash operations and the procedure for cash operations, for which the imposition of an administrative fine on the responsible officials is envisaged.
Order of the RF Ministry of Economic Development and Trade No 306, of the RF Ministry of Finance No 120n, of the Rosstat No 139, of 2 October 2006, “On the conduct of the reevaluation of fixed assets and intangible assets of budget-funded institutions”.
By this Order, a number of changes were introduced to the Procedure for reevaluation of fixed assets and intangible assets of budget-funded institutions, approved by joint Order the RF Ministry of Economic Development and Trade No 25, of the RF Ministry of Finance No 6n, the RF Ministry of State Property No 14, of the RF Goskomstat No 7 of 25 January 2003, which addressed, in particular, the conduct of the reevaluation, the reflection of its results in accounting records, and the application of reevaluation coefficients and the additional downward adjustment coefficients.
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