Section III. Economic Conditions of Space Activity
Article 12. Financing Space Activities and
Foreign Investments
1. |
Financing space activity in scientific and
national-economy purpose shall be executed from the republican budget of
Russian Federation in accordance with the Federal Space Program of Russia and
figured in the republican budget of Russian Federation as a separate item.
Financing space activity in purpose of defence
and security of Russian Federation shall be provided by the republican budget
of Russian Federation as part of defense expenditures.
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2. |
Space activity shall be financed from the
republican budget of Russian Federation in purpose-oriented manner through
state customers for works to create and use space technics and shall be distributed
between contractors in accordance with state contracts.
The state customer and the contractor shall
have the right to resort to non-budget sources of financing, including their
own resources, provided this does not contradict the objectives of the space
project.
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3. |
The organizations and citizens involved in
the implementation of space projects shall be, according to the established
procedures, granted with state guarantees, soft credits, tax exemptions and
other necessary privileges.
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4. |
Foreign investments into space activity
falling within the framework of the Federal Space Program of Russia, shall be
guaranteed by the budget of Russian Federation, as well as by the assets and
other property of Russian Federation.
Foreign investments in space activity of
organizations and citizens of Russian Federation shall be guaranteed by their
assets or by their intellectual or other property.
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Article 13. The Russian Space Fund
1. |
The Russian Space Fund shall be established
with the aim to support and promote space science and industry.
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2. |
The assets of the Russian Space Fund shall
be provided by:
allocations from the republican budget of
Russian Federation granted on a purpose-oriented basis as part of the financing
of the Federal Space Program of Russia;
extra-budgetary funds created by state
customers for works to create and use space technics;
part of the profit received by organizations
and citizens at the expense of tax exemption granted in connection with space
activity;
profit resulting from the realization of space
projects financed by the Russian Space Fund;
insurance payments made by organizations and
citizens involved in space activity in the form of obligatory or voluntary
insurance;
voluntary contributions of Russian and foreign
organizations and citizens.
The order of accumulation and spending of the
resources of the Russian Space Fund shall be laid down in the Statutes of the
Russian Space Fund.
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3. |
The resources of the Russian Space Fund
shall be directed towards financing the Federal Space Program of Russia, in
coordination with the Russian Space Agency and other customers for works to
create and use space technics, towards supporting space projects involving
innovation and military conversion, as well as towards projects to use of the
results of space activity, among others, for promoting science, education and
culture.
In the distribution of the resources of the
Russian Space Fund priority shall be given to ground-breaking research projects
and high efficiency economic, social and other projects.
The resources of the Russian Space Fund shall
also be employed to ensure risks connected with space activity and to eliminate
the after-effects of accidents, that may result from such activity.
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4. |
The Russian Space Fund shall operate in
accordance with the Statutes approved by Council of Ministers the Government of
Russian Federation in coordination with the Supreme Soviet of Russian
Federation.
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Article 14. Creation of Space Technics
1. |
The state order for the creation of space
technics shall be formed and placed in accordance with the Federal Space
Program of Russia and the log-term program and annual plans of works to create
and use military space technics.
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2. |
The works under the state order shall be
carried out in accordance with the technical assignment approved by the state
customer, which shall form grounds, for the conclusion of the state contract
between the state customer and the contractor.
Under the state order, the contractor shall be
responsible for the fulfilment of the requirements of the technical assignment
by his co-contractors, in relation to which he shall act as the state customer.
Under the state order, the contractor shall be
obliged to exercise inventor's supervision at all stages of the creation and
use of space technics on a contractual basis.
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3. |
Property rights over space technics shall
be transferred to the customer from the moment of signing the acceptance
certificate, unless otherwise stipulated by the relevant agreement.
The rights of organizations and citizens
involved in the creation of space technics to further utilize such technics
shall be specified in agreements, concluded by these organizations and citizens
with the customer of the works.
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4. |
Mixed companies shall be allowed to act as
contractors under the state order, provide that the share of foreign capital in
their statutory fund does not exceed 49 percent.
Contractors under the state order shall be
allowsed to involve foreign organizations and citizens as co-contractors, and
shall be responsible for the latter fulfilling their obligations.
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Article 15. Use and Transfer of Space
Technics
1. |
Space technics shall be allowed to be used
according to its purpose, pending on its putting into exploitation.
The order of using space technics for testing
and the order of its putting into exploitation shall be stipulated by the
legislation of Russian Federation.
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2. |
The use of space technics shall be effected
by the proprietor of such technics or by other organizations and citizens upon
agreement with the proprietor.
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3. |
Components of space technics may belong to
several organizations and citizens, unless this disrupts the operational regime
of the functioning of such space technics.
Procedures for the use of space technics,
components of which belong to several organizations and citizens, shall be
governed by contracts between such organizations and citizens.
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4. |
An organization exploiting space technics,
which is in federal ownership shall provide, on a contractual basis,
opportunities for the use of such technics by any interested organizations and
citizens.
In concluding agreements for the use of space
technics, which is in federal ownership, preference shall be given to project
under the Federal Space Program of Russia, and also to organizations and
citizens of Russian Federation that offer the more beneficial terms of such
use.
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5. |
Space technics taken out of operation may
be transferred to organizations whose main line of activities is directed at
using the results of space activity in purposes of education and culture. Such
technics may also be sold to organizations or citizens on a contractual basis.
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Article 16. Use of Space Technologies and
Results of Space Activity
1. |
The use and transfer of space technics
shall be effected with respect to the rights of intellectual property that are protected
by the legislation of Russian Federation.
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2. |
The fulfilment of the works to create space
technics, including those under the state order, shall not bind the contractor
to transfer technologies to the customer, unless otherwise specified by the agreement
between the contractor and the customer.
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3. |
Procedures and terms of the use of
technologies developed while fulfilling the works to create and use of space
technics, legal protection of which is not stipulated by the legislation of
Russian Federation, shall be established under agreements between the
interested organizations and citizens.
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4. |
The property rights over the physical
product created in outer space shall belong to the organizations and citizens
possessing property rights in the components of space technics, with the use of
which such product has been created, unless otherwise specified by relevant
agreements.
The property rights over the information
product created as a result of space activity shall belong to the organizations
and citizens, that have created such information product, unless otherwise
specified by relevant agreements.
The property rights of other organizations and
citizens participating in space activity, in particular by providing
transportation and other services, shall be stipulated by relevant agreements.
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