Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

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.


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.


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.


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,


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.

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.


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.


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.

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.


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.


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.


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.

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.


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.


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.


4.

General information on the Federal Space Program of Russia and annual reports on its implementation shall be published in the press.

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.


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.


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.


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.


5.

The actions of the state bodies to license space activity may be claimed in the court of law o! in the arbitration tribunal.

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.


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.


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.

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.


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.


3.

The procedure for the formation and work of expert commissions shall be determined by the legislation of Russian Federation.


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.



BACK Japanese