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FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 24, 2008 No. 204-FZ

About the federal budget for 2009 and for planning period of 2010 and 2011

(as amended of the Federal Law of the Russian Federation of 02.12.2009 No. 309-FZ)

Accepted by the State Duma of the Russian Federation on October 31, 2008

Approved by Council of the Russian Federation on November 12, 2008

Article 1. The main characteristics of the federal budget for 2009

1. Approve the main characteristics of the federal budget for 2009 determined proceeding from the predicted amount of gross domestic product in the amount of the 40th 420, by 0 billion rubles and the rate of inflation which is not exceeding 13 percent (December, 2009 by December, 2008):

1) the predicted total amount of the income of the federal budget in the amount 6 713 821 033, 0 thousand rubles, including the predicted amount of the oil and gas income of the federal budget in the amount 2 057 169 684, 0 thousand rubles;

2) the total amount of expenses of the federal budget in the amount 9 845 217 590, 3 thousand rubles;

3) amount of oil and gas transfer in the amount 2 531 125 000, 0 thousand rubles;

4) the normative size of the Reserve fund in the amount 5 147 500 000, 0 thousand rubles;

5) upper limit of the public internal debt of the Russian Federation for January 1, 2010 in the amount 2 515 302 332, 1 thousand rubles;

6) upper limit of the public external debt of the Russian Federation for January 1, 2010 in the amount 42, 8 billion US dollars, or 31, 2 billion euros;

7) federal budget deficit in the amount 3 131 396 557, 3 thousand rubles.

2. Voided

Article 2. Standard rates of income distribution between budgets of the budget system of the Russian Federation for 2009

1. According to Item 2 of Article 1841 of the Budget code of the Russian Federation to approve standard rates of income distribution between budgets of the budget system of the Russian Federation for 2009 according to appendix 1 to this Federal Law.

2. Determine that in 2009 80 percent of the income from excises to alcoholic products with volume fraction of ethyl alcohol over 9 to 25 percent inclusive (except for wines) and the alcoholic products with volume fraction of ethyl alcohol over 25 percent (except for the wines) made in the territory of the Russian Federation, specified in Article 56 of the Budget code of the Russian Federation go to authorized territorial authority of the Federal Treasury and it is transferred by it into budgets of subjects of the Russian Federation at least once in 10 days according to standard rates of distribution for 2009 according to appendix 2 to this Federal Law.

3. Determine that 100 percent of the income from excises on automobile and straight-run gasoline, diesel fuel, engine oils for the diesel and (or) carburetor (injector) engines specified in Article 56 of the Budget code of the Russian Federation goes to authorized territorial authority of the Federal Treasury and is transferred by it into budgets of subjects of the Russian Federation at least once in 10 days according to standard rates of distribution for 2009 according to appendix 3 to this Federal Law.

4. The income from the federal taxes, including the taxes provided by special tax regimes, and charges, arriving from payers in the territories of Khanty-Mansi Autonomous Okrug and the Yamalo-Nenets Autonomous Area in 2009 is subject to transfer respectively in budgets of Khanty-Mansi Autonomous Okrug and the Yamalo-Nenets Autonomous Area on the established Budget code of the Russian Federation and this Federal Law to standard rates, the tax income which except for is subject to transfer in the budget of the Tyumen region from the income tax of the organizations enlisted in budgets of subjects of the Russian Federation for the standard rate in the amount of percent 29,5 and from severance tax in the form of hydrocarbonic raw materials (except for natural combustible gas) according to the standard rate of distribution in the amount of percent 5,0.

Article 3. Indexation of rates of separate payment types for 2009

1. The rates of payment for unit of volume of the wood prepared on the lands which are in federal property, established by the Government of the Russian Federation in 2007 are applied in 2009 with 1,30 coefficient.

2. Rates of payment for unit of volume of forest resources (except for wood) and the rates of payment for the unit area of the wood lot for lease of the wood lot which is in federal property established by the Government of the Russian Federation in 2007 are applied in 2009 with 1,13 coefficient.

3. The standard rates of payment for negative impact on the environment established by the Government of the Russian Federation in 2003 and in 2005 are applied in 2009 with coefficient according to 1,62 and 1,32.

Article 4. Chief managers of the income of the federal budget and chief managers of sources of financing of federal budget deficit

1. Approve the list of chief managers of the income of the federal budget according to appendix 4 to this Federal Law.

2. Approve the list of chief managers of sources of financing of federal budget deficit according to appendix 5 to this Federal Law.

3. In case of change in 2009 of structure and (or) functions of chief managers of the income of the federal budget or chief managers of sources of financing of federal budget deficit the Ministry of Finance of the Russian Federation in case of determination of the principles of appointment, structure of codes and assignment of codes of classification of the income of budgets of the Russian Federation and classification of sources of financing of deficits of budgets has the right to make corresponding changes to the list of chief managers of the income of the federal budget and to the list of chief managers of sources of financing of federal budget deficit, and also to structure of the codes of classification of the income of budgets of the Russian Federation or classification of sources of financing of deficits of budgets assigned to them.

4. Chief managers of the income of the federal budget in coordination with the Ministry of Finance of the Russian Federation have the right to allocate the territorial authorities (divisions) with separate powers of chief managers of the income of the federal budget by the edition of regulatory legal act of relevant organ of the government of the Russian Federation.

Article 5. Features of administration of the income of budgets of the budget system of the Russian Federation in 2009

1. Until modification of Item 2 of Article 855 of the Civil code of the Russian Federation according to the resolution of the Constitutional Court of the Russian Federation of December 23, 1997 No. 21-P "On the case of check of constitutionality of Item 2 of Article 855 of the Civil code of the Russian Federation and part six of article 15 of the Law of the Russian Federation "About bases of the taxation system in the Russian Federation" in connection with request of Presidium of the Supreme Court of the Russian Federation" in case of insufficiency of money on the account of the taxpayer for satisfaction of all of requirements imposed to it write-off of means according to the settlement documents providing payments in budgets of the budget system of the Russian Federation, and also transfer or issue of money for calculations for compensation with persons working according to the employment contract is made according to the procedure of calendar priority of receipt of the specified documents after payment transfer, performed according to the specified Article of the Civil code of the Russian Federation in the first and at second priority.

2. Territorial authorities of the Federal Tax Service in the location of taxpayers have the right to turn to the courts with recovery suits of outstanding amounts on the percent added on restructured debt on the federal, regional and local taxes and charges in budgets of the budget system of the Russian Federation.

3. Determine that:

1) return of the tax amount which is subject to compensation according to the Tax Code of the Russian Federation is reflected on the corresponding tax code of classification of the income of budgets of the Russian Federation;

2) interest payment, added in case of violation of term of the tax refund (collection), insurance premiums for mandatory pension insurance, and the percent added on the amount of excessively collected tax (collection), insurance premiums for mandatory pension insurance is subject to reflection by separate code of subspecies of the income of the corresponding tax code (collection), insurance premiums for mandatory pension insurance of classification of the income of budgets of the Russian Federation.

4. Means from the realization which is not exported by forest users from places of cabins during fixed term or self-willedally cut down (sequestrated) wood, and also from realization of wood in case of order placement on accomplishment of actions for protection, protection, reproduction of the woods without sale of forest plantings for procurement of the wood and wood received when using the woods located on lands of forest fund, according to Articles 43-46 of the Forest code of the Russian Federation, after tax payment, charges and other obligatory payments according to the procedure, established by the legislation of the Russian Federation, are subject to transfer in the federal budget.

5. The means received by Federal Service for Intellectual Property to patents and trademarks from the International bureau of World Intellectual Property Organization according to the Madrid agreement on the international registration of signs of April 14, 1891 and the Protocol to the Madrid agreement on the international registration of signs signed in the city of Madrid on June 28, 1989 are subject to transfer in the federal budget.

6. Determine that the fact of payment of the state fee and other obligatory payments in the cases established by regulatory legal acts of the Russian Federation, budgetary institution for which according to the budget legislation of the Russian Federation the personal account in territorial authority of the Federal Treasury (financial body of the subject of the Russian Federation or financial body of the municipality) is opened is confirmed by the payment order with mark of the relevant territorial authority of the Federal Treasury (financial body of the subject of the Russian Federation or financial body of the municipality).

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