Draft federal law On Amendments to the Federal Law on Industrial and Consumer Waste submitted to the State Duma by Valery Gartung, Mikhail Yemelyanov, Viktor Zvagelsky and other deputies.
In accordance with Part 3 of Article 104 of the Russian Constitution, the Government has discussed the bill, taking into account the supplemented financial feasibility study.
The bill proposes introducing a utilisation fee for wheeled vehicles manufactured for use on public roads with a design speed of over 50 km/h and self-propelled vehicles that are not designed for use on public roads whose design speed is 50 km/h or less, as well as trailers made for them.
However, the criteria for wheeled and self-propelled vehicles on which utilisation fees are to be paid appears to be incorrect, because Clause 2 of Article 241 of the Federal Law on Industrial and Consumer Waste (hereinafter referred to as the Federal Law), as amended in the bill, states that the types of wheeled vehicles on which utilisation fees are to be paid shall be determined by the Government.
The Ministry of Industry and Trade believes that the implementation of the bill will entail additional allocations from the federal budget to compensate organisations’ (sole business owners’) costs for utilisation fees for self-propelled vehicles, because Clause 8 of Article 241 of the Federal Law states that the costs of organisations and sole business owners on the management of waste resulting from the loss of consumer qualities of the transport vehicles on which a utilisation fee has been paid shall be compensated with allocations from the federal budget in the amount and according to the procedure approved by the Government in keeping with the national budget legislation.
Furthermore, Article 83 of the Budget Code states that a law that stipulates increasing expenditures within the existing types of expenditure commitments or introducing additional expenditure commitments which have not been exercised by any public law entity before the adoption of the said law must include provisions defining the sources and the procedure for honouring these additional expenditure commitments. However, the proposed bill does not include such clauses.
The Government therefore believes that this legislative initiative requires further substantiation.