Section II. Organization of Space Activity
Article 5. Competence of Bodies of State
Power and Administration
1. |
In Russian Federation space activity
pertains to the competence of federal bodies of state power and administration.
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2. |
The Supreme Soviet of Russian Federation
shall determine the space policy of Russian Federation, including:
adoption of legislative acts, regulating space
activity;
adoption of the Federal Space Program of
Russia;
exercising control over the fulfilment of the
Federal Space Program of Russia and spending the state means allotted for space
activity;
ratification of international treaties of
Russian Federation on questions of space activity;
decision, within its competence, of other
questions arising in the pursuit of space activity.
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3. |
The President of Russian Federation shall
be responsible for the implementation of space policy of Russian Federation,
including:
issue of degrees and executive orders
necessary for carrying out space activity;
supervise the activities of Council of
Ministers o the Government of Russian Federation to implement the Federal Space
Program of Russia and on other questions connected with carrying out space
activity;
solve, within his competence, other questions
arising in the pursuit of space activity.
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4. |
Council of Ministers ! the Government of
Russian Federation shall ensure the supervision of space activity, including:
issue degrees and executive orders necessary
for carrying out space activity;
consider the draft Federal Space Program of
Russia as proposed by the Russian Space Agency, the Ministry of Sciences and
other state customers for works to create and use space technics;
submit to the Supreme Soviet of Russian
Federation the draft Federal Space Program of Russia and proposals on financing
space activity;
approve the Regulation on Russian Space Agency;
undertake measures to protect interests of
Russian Federation, as well as Russian organizations and citizens in the field
of space activity;
solve within its competence other questions
arising in the pursuit of space activity,
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5. |
The republics within Russian Federation,
autonomous region, autonomous areas, territories, regions and the cities of
Moscow and St. Peterburg shall participate in the exercise of powers to
regulate space activity provided for by this Law.
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Article 6. The Russian Space Agency
1. |
The Russian Space Agency shall be a body of
federal executive power responsible for carrying out space activity in
scientific and national-economy purpose under the jurisdiction of Russian
Federation in accordance with the space policy of Russian Federation.
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2. |
The Russian Space Agency shall, within its
competence:
elaborate a draft Federal Space Program of
Russia in conjunction with the Ministry of Defence of Russian Federation, the
Russian Academy of Sciences and other state customers for works to create and
use space technics;
form and place the state order for works to
create and use space technics in scientific and national-economy purpose,
including works under international space projects;
participate in conjunction with the Ministry
of Defence of Russian Federation in placing the state order for works to create
and use space technics applied both in scientific and national-economy purpose
and in the purpose of defence and security of Russian Federation;
ensure, in scientific and national-economy purpose,
in conjunction with the Ministry of Defence of Russian Federation and other
ministries and departments of Russian Federation the exploitation, maintenance
and development of ground and other objects of space infrastructure;
issue licenses for the types of space
activity;
organize certification of space technics;
provide space activity with necessary
normative technical documentation;
ensure, in conjunction with corresponding
state services, the safety of space activity;
interact with the organizations and agencies
of foreign states, as well as international organizations on questions of space
activity and enter into appropriate international agreements;
perform other functions, as defined by Council
of Ministers - the Government of Russian Federation.
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3. |
The Russian Space Agency may create its
territorial agencies in order to fulfil its functions, taking into account the
interests of the subjects of Russian Federation in the use of the results of
space activity.
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Article 7.Space Activity in the Purpose of
Defense and Security of Russian Federation.
1. |
Space activity for the purpose of defense
and security of Russian Federation shall be pursued by the Ministry of Defence
of Russian Federation which shall be responsible for the implementation of the
log-term program and annual plans of works to create and use military space
technics in conjunction with other ministries and departments of Russian
Federation.
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2. |
The Ministry of Defence of Russian
Federation shall within its competence:
elaborate draft program and annual plans of
works to create and use military space technics and, in conjunction with the
Russian Space Agency, of space technics applied for both scientific and
national-economy purpose and for the purpose of defense and security of Russian
Federation;
form and place the state order for works to
create and use military space technics and, in conjunction with the Russian
Space Agency space technics applied both for scientific and national-economy
purpose and for the purpose of defense and security of Russian Federation;
use space technics for the purpose of defense
and security of Russian Federation;
perform exploitation of space technics for
scientific and national-economy purpose on a contractual basis;
ensure, jointly with the Russian Space Agency
and other ministries and departments of Russian Federation, the maintenance and
development of ground and other objects of space infrastructure;
provide space activity with necessary
normative technical documentation;
participate in the certification of space
technics on a contractual basis;
ensure, in conjunction with corresponding
state services, the safety of space activity;
perform other functions established by Council
of Ministers - the Government of the Russian Federation.
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3. |
The Ministry of Defence of Russian
Federation shall have the right to mobilize any object of space infrastructure,
including space technics, in cases expressly stipulated by the legislation of
Russian Federation.
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4. |
The Ministry of Defence of Russian Federation
shall have the right to temporarily transfer idle objects of space
infrastructure under its jurisdiction to the Russian Space Agency on a
contractual basis to be used for space activity in scientific and
national-economy purpose.
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Article 8. Federal Space Program of Russia
1. |
The Federal Space Program of Russia shall
be the document on the basis of which the state order for the creation and use
of space technics in scientific and national-economy purpose shall be formed.
The procedure of interaction of the Russian
Space Agency and the Ministry Defence of Russian Federation in elaboration and
approval of the Federal Space Program of Russian and the long-term program and
annual plans of works to create and use military space technics shall be
determined by the legislation of Russian Federation.
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2. |
The Federal Space Program of Russia shall
be elaborated taking into account:
the established goals, tasks and principles of
space activity;
the interests of the subject of Russian
Federation;
the economic situation in the country;
the condition of space science and industry;
the need for a comprehensive development of
the space and the ground segments of space infrastructure;
the interests of users and producers of space
technologies;
the situation and trends in the development of
cosmonautics;
the conditions in the world space market;
the international obligations of Russian
Federation and the task to expand international cooperation.
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3. |
The Federal Space Program of Russia shall
be elaborated in accordance with the results of a competition of space projects
submitted by the ministries and departments of Russian Federation,
organizations and citizens concerned.
The procedure and terms for holding competitions
of space projects in scientific and national-economy purpose shall be
determined by the Russian Space Agency with the participation of the Russian
Academy of Sciences and other customers for works to create and use space
technics.
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4. |
General information on the Federal Space
Program of Russia and annual reports on its implementation shall be published
in the press.
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Article 9. Licensing of Space Activity
1. |
This Law shall establish a licensing
(permission) procedure for the pursuit of space activity in scientific and
national-economy purpose.
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2. |
Subject to licensing shall be the space
activity of organizations and citizens of Russian Federation or the space
activity of foreign organizations and citizens under the jurisdiction of
Russian Federation, if such activity includes tests, manufacture, storage,
preparation for launching and launching of space objects, as well as control
over space flights.
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3. |
The types, forms, and terms of licenses,
the conditions and procedures for their issue, withholding, suspension or
termination, as well as other questions of licensing shall be regulated by the
legislation of Russian Federation.
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4. |
Carrying out space activity by an
organization or a citizen without a license or in wilful violation of the terms
of the license shall be punishable by virtue of the legislation of Russian
Federation.
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5. |
The actions of
the state bodies to license space activity may be claimed in the court of law
o! in the arbitration tribunal.
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Article 10. Certification of Space Technics
1. |
Space technics, including space objects,
ground and other objects of space infrastructure created in scientific and
national-economy purpose shall be checked for the compliance with the
requirements established by the legislation of Russian Federation
(certification).
Equipment used in the creation and use of
space technics may also be subject to certification.
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2. |
Upon the completion of the certification
procedure a certificate shall be issued on each sample of space technics.
The types, forms and terms of certificates,
the terms and procedures for the issue, withholding, suspension or termination
thereof, as well as other questions of certification shall be regulated by the
legislation of Russian Federation.
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3. |
The certification agencies, manufacturers
of space technics and corresponding officials violating the rules of
certification of space technics shall be responsible by virtue of the
legislation of Russian Federation.
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Article 11. Expertise on Questions of Space
Activity
1. |
Decisions on the following questions
connected with the pursuit of space activity shall be taken on the basis of
expertise:
inclusion of a project into the Federal Space
Program of Russia;
adoption of the Federal Space Program of
Russia;
issue of licenses for space activity;
issue of certificates for samples of space
technics as well as equipment used in the creation and use of space technics;
categorizing space technologies as products
whose export shall be banned or restricted;
review of competitions of space projects;
identification of the cause of accidents in
the pursuit of space activity;
other questions as determined by Council of
Ministers - the Government of Russian Federation.
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2. |
For the purposes of expertise the Supreme
Soviet of Russian Federation, Council of Ministers - the Government of Russian
Federation, the Russian Space Agency or other body making a decision on questions
connected with space activity shall form expert commissions from amongst
specialists not concerned about the result of the expertise.
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3. |
The procedure for the formation and work of
expert commissions shall be determined by the legislation of Russian
Federation.
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4. |
The conclusion of an expert commission
shall not be binding on the body making a decision on questions connected with
space activity.
The responsibility for such decision that does
not accord with the conclusion of the expert commission shall rest with the
chief executive officer of the body making the decision.
The members of the expert commission shall be
responsible for the accuracy and validity of their findings.
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