NEW VERSION OF THE LAW 'ON PERSONAL DATA' PROTECTS THE RIGHTS OF PERSONAL DATA OPERATORS Group advises that the Russian State Duma has passed in its third reading draft law No. 282499-5 On amending the Federal Law 'On personal data'. The legislative body is proposing a fundamentally new, more user-friendly , text of the law, which will clarify and simplify many provisions of the current legislation concerning personal data.

Significant amendments to chapter 21 of the Russian Tax Code Pepeliaev Group advises that on 6 July 2011 the Russian State Duma adopted in the third reading the law On amending part one and two of the Russian Tax Code and certain items of Russian legislation on taxes and levies.

LAW ON A NATIONAL PAYMENT SYSTEM PUBLISHED Pepeliaev Group advises of the official publication of federal laws creating the legal basis on which a national payment system to function.

THE COURTS WIL APPLY A STRICTER APPROACH TO TAXPAYERS WHO TRY TO REDUCE TAXES ADDITIONALLY ASSESSED WITHIN THE SCOPE OF TAX AUDITS The law firm Pepeliaev Group advises that the Presidium of the Russian Supreme Arbitration Court has taken a stricter approach to interpreting legislation with regard to some actions of the taxpayers that they take in the course of or after tax audits to reduce additionally assessed taxes (Resolutions Nos. 23/11 and 11185/10 dated 26 April 2011).

Part of VAT lawfully claimed for reimbursement must be returned by the tax authority irrespective of the other part of claim that was disputed

Pepeliaev Group advises: the Presidium of the Supreme Arbitration Court developed a legal position whereby the part of VAT that has been lawfully claimed back by the taxpayer shall be returned upon completion of the audit irrespective of whether the auditors have any objections to the other part of VAT claimed back by such taxpayer (Resolution No. 14883/10 dated 12 April 2011).

Amendments expected to currency control regulations and liability for currency infringements Pepeliaev Group advises that, on 1 June 2011, the Russian Government introduced three draft laws in the Sate Duma which provide for amendments to the currency control procedure and also to liability for infringing legislation on currency regulation and currency control.

Procedure for raising electronic VAT invoices approved

Pepeliaev Group advises that on 25 May 2011, the Russian Ministry of Justice registered the Ministry of Finance’s Order No. 50-n dated 25 April 2011. This Order approves the Procedure for raising and receiving VAT invoices electronically using telecommunications channels and applying digital electronic signatures (the “Procedure”). The Procedure came into force on 3 June 2011.

Confiscation of owners only

Pepeliaev Group advises that on 25 April 2011 the Russian Constitution Court issued Resolution No. 6-P in case regarding the analysis for compliance with the Constitution of part 1 article 3.7 (confiscation of the instrument and target of the administrative offence) and part 2 article 8.28 (illegal cutting, damage to forest and unauthorised digging out of trees, bushes and lianas in forests) of the Russian Code on Administrative Offences in connection with a claim from OOO StroyKomplekt.

New Licensing Law Adopted Pepeliaev Group advises that on 4 May 2011 the President of the Russian Federation signed Federal Law No. 99-FZ “On licensing specific operations” that will replace the current licensing law.

On amending the Russian Code of Administrative Offences and the Federal Law ‘On Enforcement Proceedings’

Pepeliaev Group advises that 27 April 2011 saw the entry into force of Federal Law No. 71-FZ dated 21 April 2011 “On amending articles 17.15 and 31.9 of the Russian Code of Administrative Offences and article 21 of the Federal Law ‘On Enforcement Proceedings’”.

Clarifications of issues concerning the application of administrative liability legislation

On 17 February 2011, the Plenum of the Russian Supreme Arbitration Court (the “SAC”) adopted its Resolution No. 11. This clarified issues concerning the application of a particular part of the Russian Code on Administrative Offences (the “CoAO”) which concern administrative breaches relating to the protection of property, environment and nature management, construction activities, unlawful use of a trade mark, and competition in bad faith, and also in connection with issues relating to hiring foreign workers and registering them for migration purposes.

Interest on a late refund of VAT is assessed disregarding the date on which the taxpayer applied for a refund of the tax in question Pepeliaev Group advises that on 24 April 2011, the Russian Supreme Arbitration Court published on its official website Resolution No. 14233/10 of the Court’s Presidium dated 17 March 2011. The Resolution considered the issue of the payment of interest on a late refund of VAT (clause 10, article 176 of the Russian Tax Code) in cases in which a taxpayer who has submitted a tax return declaring an amount of VAT to be refunded has not applied to the tax authority for the tax in question to be refunded.