Selected Examples of National Laws Governing Space Activities: Russian Federation

 

 

[UNOFFICIAL TRANSLATION]

LAW of the RUSSIAN FEDERATION "ABOUT SPACE ACTIVITY"

Decree No. 5663-1 of the Russian House of Soviets

 

The exploration of outer space, which began in Russia, opens up new prospects for global civilization. In Russian Federation the exploration and use of outer space, including the Moon and other celestial bodies, is one of the most important directions of activities in the interests of citizens, society and state. The present Law is intended to provide legal regulation for space activities and stimulates the application of the potential of space science and industry for solving socio-economic, scientific, technical and defense task of Russian Federation.

 

Section 1. GENERAL PROVISIONS

 

Article 1. Legislation of Russian Federation on Space Activity

1. The present Law shall lay down legal and organization foundations of space activities under the jurisdiction of Russian Federation.

2. Space activities under the jurisdiction of Russian Federation shall also be regulated by other laws and normative acts of Russian Federation issued in accordance with the Constitution of Russian Federation and this Law.

 

Article 2. The Concept of Space Activity

1. For purposes of this Law space activity shall be defined as any activity immediately connected with operations to explore and use outer space, including the Moon and other celestial bodies. Space activity shall include:

space researches;
remote sensing of the Earth from outer space, including environmental monitoring and meteorology;
use of navigation, topographical and geodesic satellite systems;
piloted space missions;
manufacturing of materials and other products in outer space;
other kinds of activity performed with the aid of space technology.

2. Space activity comprises creating (including development, manufacture and test), as well as using and transferring of space techniques, space technology, other products and services necessary for carrying out space activity.

 

Article 3. Goals and Purposes of Space Activity

1. Space activity shall be carried out with the goal of promoting the well-being of the citizens of Russian Federation, the development of Russian Federation and ensuring its security, as well as solving global problems of mankind.

2. Main tasks of space activity under the jurisdiction of Russian Federation shall be:

providing access to outer space;
studying of the Earth and outer space;
developing science, techniques and technologies, enhancing economic efficiency;
ensuring defense capabilities of Russian Federation and control over the implementation of international treaties concerning armaments and armed forces.

 

Article 4. The Principles of Space Activity

1. Space activity shall be carried out in conformity with the following principles:

the equal right of the organizations and citizens of Russian Federation to participate in space activity;
access to information about space activity;
use of the results of space activity in the interests of customers with due regard to the rights of organizations and citizens participating in space activity;
introduction of the achievements of space science and technology into national economy;
restriction of monopolistic activity and the development of entrepreneurial activity;
independence of expertise on issues of space activity;
provision of safety in space activity, including protection of the environment;
promotion of international cooperation in the field of space activity;
international responsibility of the state for space activity performed under its jurisdiction.

2. In order to ensure strategic and ecological security it is prohibited in Russian Federation:

to put into the orbit around the Earth or to deploy in outer space otherwise nuclear weapons and any other kinds of weapons of mass destruction;
to test nuclear weapons and any other kinds of weapons of mass destruction in outer space;
to use space objects and other space technology as a tool to influence the environment for military and other hostile purposes;
to use the Moon and other celestial bodies for military purposes;
to create deliberate immediate threat to safety of space activity, including safety of space objects;
to create harmful contamination of outer space which leads to unfavourable changes of the environment, including deliberate elimination [destruction?] of space objects in outer space.

Other space activity under the jurisdiction of Russian Federation, which is prohibited by international treaties of Russian Federation, is not allowed as well.

3. Space activity, as well as dissemination of information on space activity shall be carried out with the observation of the requirements, stipulated by the legislation of Russian Federation, on the protection of intellectual property rights, state (including military) and commercial secret.

4. General information about space activity, which is subject to point 3 of present Article, including the data:

about plans of launching of space objects and their changes;
about space projects and the course of their realization;
about budget allocations for space activities;
about incidents and accidents while carrying out space activity and the damage because of such accidents

shall be disseminated without restrictions.

 

 

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 issues of space activity;
resolve other issues, within its competence, 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:

issuing of Edicts and executive orders necessary for carrying out space activity;
supervising of activities of Council of Ministers - the Government of Russian Federation to implement the Federal Space Program of Russia and on other issues related to carrying out of space activity;
resolving, within his competence, other issues arising in the pursuit of space activity.

4. Council of Ministers - the Government of Russian Federation shall ensure the supervision of space activity, including:

issuing of Decrees and Executive Orders necessary for carrying out of space activity;
considering of the draft Federal Space Program of Russia as proposed by the Russian Space Agency, the Ministry of Defence of Russian Federation, the Russian Academy of Sciences and other state customers for works to create and use space technology;
submit to the Supreme Soviet of Russian Federation the draft Federal Space Program of Russia and proposals on financing of space activity;
approve the Regulations of Russian Space Agency;
undertake measures to protect interests of Russian Federation, as well as Russian organizations and citizens in the field of space activity;
resolve within its competence other issues arising in the pursuit of space activity.

5. Republics within Russian Federation, autonomous region, autonomous areas, territories, regions and 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 purposes 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 coordination with the Ministry of Defence of Russian Federation, the Russian Academy of Sciences and other state customers of works in creation and use of space technology;
form and place a state order for works in creation and use of space technology for scientific and national- economy purposes, including works under international space projects;
participate in coordination with the Ministry of Defence of Russian Federation in placing the state order for works in creation and use of space technology, used both for scientific and national-economy purpose and for purposes of defence and security of Russian Federation;
ensure, in coordination 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 for scientific and national-economy purposes;
issue licenses for the types of space activity;
organize certification of space technology ;
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 interests of subjects of Russian Federation in use of results of space activity.

 

Article 7. Space Activity for Purposes of Defense and Security of Russian Federation.

1. Space activity for purposes of defense and security of Russian Federation shall be pursued by the Ministry of Defense of Russian Federation which shall be responsible for the implementation of the long-term program and annual plans of works to create and use military space technology 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 technology and, in conjunction with the Russian Space Agency of space technology applied for both scientific and national-economy purposes and for the purposes of defense and security of Russian Federation;
form and place the state order for works to create and use military space technology and, in conjunction with the Russian Space Agency space technology applied both for scientific and national-economy purposes and for purposes of defense and security of Russian Federation;
use space technology for purposes of defense and security of Russian Federation;
perform exploitation of space technology for scientific and national-economy purposes 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 technology on a contractual basis;
ensure, in conjunction with corresponding state services, safety of space activity;
perform other functions established by Council of Ministers - the Government of the 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 for scientific and national-economy purposes.

 

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 technology for scientific and national-economy purposes 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 Russia and the long-term program and annual plans of works to create and use military space technology shall be determined by the legislation of Russian Federation.

2. The Federal Space Program of Russia shall be elaborated taking into account:

established goals, tasks and principles of space activity;
interests of the subject of Russian Federation;
economic situation in the country;
condition of space science and industry;
need for a comprehensive development of the space and the ground segments of space infrastructure;
interests of users and producers of space technologies;
situation and trends in the development of cosmonautics;
conditions in the world space market;
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 for scientific and national-economy purposes shall be determined by the Russian Space Agency with the participation of the Russian Academy of Sciences and other customers of works in creation and use of space technology.

4. General information about 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 space activity of organizations and citizens of Russian Federation or 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. 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 or in the arbitration tribunal.

 

Article 10. Certification of Space Technology

1. Space technology, including space objects, ground and other objects of space infrastructure created for scientific and national-economy purposes, shall be checked for the compliance with the requirements establish by the legislation of Russian Federation (certification).

Equipment used in the creation and use of space technology may also be subject to certification.

2. Upon the completion of the certification procedure a certificate shall be issued to each sample of space technology .

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 technology and corresponding officials violating the rules of certification of space technology shall be responsible by virtue of the legislation of Russian Federation.

 

Article 11. Expertise on Issues of Space Activity

1. Decisions on the following issues 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;
issuing of licenses for space activity;
issuing of certificates for samples of space technology as well as equipment used in the creation and use of space technology ;
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 issues 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 issues 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

 

 

Section III. ECONOMIC CONDITIONS OF SPACE ACTIVITY

 

Article 12. Financing of Space Activities and Foreign Investments

1. Financing of space activity for scientific and national-economy purposes 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 of space activity for purposes of defence and security of Russian Federation shall be provided by the republican budget of Russian Federation as a part of defense expenditures.

2. Space activity shall be financed from the republican budget of Russian Federation in purpose-oriented manner through state customers of works in creation and use of space technology 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 to objectives of the space project.

3. 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.

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.

 

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.

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 technology ;
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.

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 technology, 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.

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

 

Article 14. Creation of Space Technology

1. The state order for the creation of space technology shall be formed and placed in accordance with the Federal Space Program of Russia and the long-term program and annual plans of works to create and use military space technology.

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.

3. Property rights over space technology 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 technology to further utilize such technology shall be specified in agreements, concluded by these organizations and citizens with the customer of the works

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 allowed to involve foreign organizations and citizens as subcontractors, and shall be responsible for fulfilment of their obligations by the latters.

 

Article 15. Use and Transfer of Space Technology

1. Space technology shall be allowed to be used according to its purpose, pending on its putting into exploitation.

The order of using space technology for testing and the order of its putting into exploitation shall be stipulated by the legislation of Russian Federation.

2. The use of space technology shall be effected by the proprietor of such technology or by other organizations and citizens upon agreement with the proprietor.

3. Components of space technology may belong to several organizations and citizens, unless this disrupts the operational regime of the functioning of such space technology.

Procedures for the use of space technology, components of which belong to several organizations and citizens, shall be governed by contracts between such organizations and citizens.

4. An organization exploiting space technology, which is in federal ownership shall provide, on a contractual basis, opportunities for the use of such technology by any interested organization and citizen. In concluding agreements for the use of space technology, 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 more beneficial terms of such use.

5. Space technology 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 technology may also be sold to organizations or citizens on a contractual basis.

 

Article 16. Use of Space Technologies and Results of Space Activity

1. The use and transfer of space technology shall be effected with respect to the rights of intellectual property that are protected by the legislation of Russian Federation.

2. The fulfilment of the works to create space technology, 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.

3. Procedures and terms of the use of technologies developed while fulfilling the works in creation and use of space technology, legal protection of which is not stipulated by the legislation of Russian Federation, shall be established under agreements between the interested organizations and citizens.

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 technology , 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.

 

 

Section IV. SPACE INFRASTRUCTURE

 

Article 17. Space Objects

1. Space objects of Russian Federation shall be subject to registration and shall have markings certifying their appurtenance to Russian Federation.

2. Russian Federation shall retain jurisdiction and control over space objects registered in it, during the ground time of such objects, at any stage of a space flight or stay in outer space, on celestial bodies and also on return to the Earth outside the jurisdiction of any state.

3. The rights of ownership over space objects shall remain unaffected, during the ground time of such objects, at any stage of a space flight or stay in outer space, on celestial bodies and also on return to the Earth, unless otherwise specified in international treaties of Russian Federation.

4. If a space object is designed and manufactured by Russian organizations and citizens jointly with foreign organizations and citizens or international organizations, the issues of the registration of such object, the jurisdiction and control thereover and also the issues of the rights of ownership thereof shall be decided on the basis of the appropriate international treaties.

5. The rights of jurisdiction and control over space objects, as well as of ownership thereof shall not affect the legal status of the area of outer space or the surface or subsoil of a celestial body occupied by it. In direct proximity to a space object of Russian Federation within the zone minimally necessary for ensuring safety of space activity, rules may be established that shall be binding for Russian and foreign organizations and citizens.

 

Article 18. Ground and Other Objects of Space Infrastructure

1. The ground and other objects of space infrastructure in Russian Federation shall consist of:

cosmodromes;
launching complexes and installations;
instrumentation and command complexes;
space objects flight control centers and points;
space equipment storage bases;
areas of fallout of separating parts of space objects;
space objects landing grounds and runways;
experimental base facilities for the creation of space technology ;
cosmonaut training centers and equipment;
any other ground facilities and equipment used for carrying out of space activities.

Ground and other objects of space infrastructure, including mobile, shall be considered as such to the extent that they are used for ensuring or carrying out space activity.

2. The ground and other objects of space infrastructure, which are in federal property, shall be under the authority of state organizations in charge of their operation.

The transfer of ground and other objects of space infrastructure, which are in federal property, under the authority, ownership or leaseholding of other organizations shall only be permitted in the manner specified by the legislation of Russian Federation.

3. The allotment of slots of land for ground and other objects of space infrastructure and the right-of-way zones adjacent thereto shall be made by bodies of state power and administration of relevant subjects of Russian Federation, as well as by local authorities in accordance with the legislation of Russian Federation.

The procedure and terms of use of such slots of land shall be laid down by agreements between relevant bodies of state power and administration and the organizations responsible for the operation of the ground and other objects of space infrastructure.

4. Activities involving the utilization of ground and other objects of space infrastructure by organizations and citizens of Russian Federation outside the jurisdiction of any state shall be carried out in accordance with this Law.

Such activities by organizations and citizens of Russian Federation within the territories, which are under the jurisdiction of a foreign state shall be carried out in accordance with the legislation of this state, unless it is contrary to this Law.

 

Article 19. Space Flight Control

1. Space flight control at all stages from the launching of a space object of Russian Federation to completion of the flight shall be exercised by the organizations in charge of the ground and other objects of space infrastructure.

2. The launch and landing of space objects of Russian Federation shall be carried out in preset area under an arrangement made with the appropriate bodies of state power and administration.

In case of accidents, including failures and crashes, while conducting space activity the landing of space objects of the Russian Federation can be made in other regions with the notice of appropriate bodies of a state authority and management.

3. Manoeuvring of space objects in the air space of the Russian Federation is executed in view of the requirements of the legislation, regulating use of the air space of the Russian Federation.

4. The space object of a foreign state can execute a single innocent flight [passage?] through the air space of the Russian Federation with the purpose to insert such an object into an orbit around the Earth or further in outer space, as well as with the purpose to return it to the Earth under the condition of advance noting of appropriate services of the Russian Federation about time, place, trajectory and other conditions of such flight.

5. The Russian Space Agency and the Ministry of Defence of the Russian Federation informs about launching and landing of space objects of the Russian Federation appropriate bodies of a state authority and management of the Russian Federation, and in case of necessity - interested foreign states and international organizations as well.

In case of launching, landing or terminating of existence of space objects of the Russian Federation beyond its boundaries the appropriate services of the Russian Federation execute their functions as agreed with competent bodies of the interested foreign states.

 

Article 20. Cosmonauts and crews of piloted space objects

1. Citizens of the Russian Federation, who expressed desire to participate in space flights and meet the established professional and medical requirements, are selected for preparation and realization of space flights on the basis of competition.

The order and conditions of competition shall be determined by the Russian Space Agency and the Ministry of Defence of the Russian Federation with the participation of other customers of works in creation and use of space technology and published in the press.

2. The order of preparation cosmonauts, of formation of crews of piloted space objects and approval of the flight program, as well as rights and responsibilities of cosmonauts, payment of their labour and other conditions of their professional activity shall be determined by the contracts pursuant to the legislation of the Russian Federation.

3. The commander of a crew of a piloted space object of the Russian Federation can be nominated a citizen of the Russian Federation.

The commander of a crew of a piloted space object of the Russian Federation shall be vested with all completeness of authority, necessary for realization of the space flight, for management of crew and other persons, participating in the flight.

The commander of a crew of a piloted space object of Russian Federation shall within the scope of his authority bear responsibility for the fulfilment of the flight program, the safety of the crew and other persons participating in the flight and the preservation of the space object and the property within it.

4. Russian Federation shall retain jurisdiction and control over any crew of a piloted space object registered in it, during the ground time of such object, at any stage of a space flight or stay in outer space, on celestial bodies, including extra-vehicular stay, and on return to the Earth, right up to the completion of the flight program, unless otherwise specified in international treaties of Russian Federation.

5. Citizens of foreign states who take a space flight training course in Russian Federation or are involved in a flight on a piloted space object of Russian Federation shall be obliged to observe the legislation of Russian Federation, unless otherwise specified in international treaties of Russian Federation

 

Article 21. Personnel at the Ground and Other Objects of Space Infrastructure

1. Personnel to be regarded as personnel at the ground and other objects of space infrastructure shall be specialists performing duties in the sphere of testing, storage and operation of space technology , as well as any other duties involving the provision of operational regime of the functioning of the ground and other objects of space infrastructure.

2. The functional duties of personnel at the ground and other objects of space infrastructure shall be determined by the organizations in charged of the operation thereof.

Personnel at the ground and other objects of space infrastructure shall be subject to appraisal for adequacy in the established professional standards.

3. The size of the pay and the additional material remuneration of personnel at the ground and other objects of space infrastructure shall be established by the contracts of employment concluded with the organizations using such objects.

The procedure of payment and personal equipment for personnel at the ground and other objects of space infrastructure, who are in military service shall be laid down in the appropriate legislation of Russian Federation.

4. Members of personnel at the ground and other objects of space infrastructure, whose professions are connected with hazardous or harmful conditions of work shall be given additional benefits in accordance with the legislation of Russian Federation and the conditions of the appropriate contracts.

5. Persons enlisted in the performance of space accident or disaster clean-up operations shall enjoy the same privileges as attending to the ground and other objects of space infrastructure.

 

 

Section V. SAFETY of SPACE ACTIVITY

Article 22. Ensuring Safety of Space Activity

1. Any space activity shall be carried out with the observance of the safety requirements laid down by the legislation of Russian Federation.

Overall guidance of the work to ensure the safety of space activity shall be laid down upon the Russian Space Agency and the Ministry of Defence of Russian Federation.

Carrying out the safety measures in space activity shall be laid down upon the appropriate state services, as well as upon the organizations and citizens that are engaged in carrying out such activity

The bodies of state power and administration of Russian Federation and of subjects of Russian Federation, as well as organizations and citizens shall be obliged to take all necessary measures to ensure safety of space activity.

The Russian Space Agency and the Ministry of Defence of Russian Federation upon request of interested organizations and citizens shall provide the information on the threat arising while carrying out space activity.

With origination of a threat to public safety and the environment the Russian Space Agency shall immediately inform the appropriate bodies of state power and administration, as well as organizations and citizens, about this.

 

Article 23. Investigation of Space Incidents

1. Incidents, including accidents and disasters, while carrying out space activity shall be subject to investigation, the procedure of which shall be set in the legislation of Russian Federation.

2. The manner of conducting and the substantiation of the results of an investigation of accidents, including accidents and disasters, may be appealed against in courts of law.

 

Article 24. Search-and-Rescue, Clean-up of Accidents

1. Search-and-rescue works, as well as clean-up of an accident while carrying out space activity shall be accomplished by appropriate state services with the participation of bodies of state power and administration of relevant subjects of Russian Federation, local authorities, organizations and citizens.

2. Clean-up of accidents while carrying out space activity shall consist of the restoration and reconstruction of the industrial and other plants that have suffered as a result of the accidents, necessary environmental measures and compensation for damage to relevant subjects of Russian Federation, organizations and citizens.

 

Article 25. Insurance of Space Activity

1. The organizations and citizens, which exploit space technology or to whose order the creation and use of space technology in scientific and national-economy purpose is carried out, shall take compulsory insurance coverage in the amount set by legislation of Russian Federation.

Compulsory insurance shall be affected against damage to the life and health of the cosmonauts and the personnel at the ground and other objects of space infrastructure, as well as against property damage to third parties.

Compulsory insurance premiums shall be transferred to the Russian Space Fund or other insurance companies which have obtained a license for the insurance of space activity, and shall be used to compensate for damage as a result of accidents while carrying out space activity on the basis of contracts of insurance with organizations and citizens carrying out such activity.

2. Organizations and citizens carrying out space activity may effect voluntary insurance of space technology , as well as risks connected with such activity.

 

 

Section VI. INTERNATIONAL COOPERATION

 

Article 26. International Obligations in the Field of Space Activity

1. International treaties of Russian Federation on issues of space activity shall be subject to ratification by the Supreme Soviet of Russian Federation.

2. If rules are laid down in an international treaty ratified by the Supreme Soviet of Russian Federation other than those contained in this Law and other legislative acts of Russian Federation governing space activity, the rules of the international treaty shall preempt.

3. Russian Federation shall ensure the fulfillment of the obligations it has assumed in the field of space activity, and specially under the Treaty on Principles Governing the Activity of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

4. Russian Federation shall promote the development of international cooperation in the field of space activity, as well as the solution of international legal problems that may arise in the exploration and use of outer space.

 

Article 27. The Legal Regime for Foreign Organizations and Citizens

1. Foreign organizations and citizens carrying out space activity under the jurisdiction of Russian Federation shall enjoy the legal regime established for organizations and citizens of Russian Federation to the extent that such regime is provided by the appropriate state to organizations and citizens of Russian Federation.

2. The Russian Federation shall ensure the legal protection of the technologies and commercial secrets of foreign organizations and citizens carrying out space activity under the jurisdiction of Russian Federation in accordance with the legislation of Russian Federation.

Any other protection of the technologies and commercial secrets of foreign organizations and citizens carrying out space activity under the jurisdiction of Russian Federation, that may be required shall be provided on a reciprocal basis.

3. Foreign organizations and citizens engaged in carrying out space activity under the jurisdiction of Russian Federation shall effect the insurance of space technology and also risks involved in space activity in the manner specified by this Law.

 

Article 28. The Legal Regulation of International Cooperation

1. The organizations and citizens of Russian Federation involved in carrying international projects in the field of space activity shall conclude agreements with foreign organizations and citizens in accordance with the legislation of Russian Federation, unless otherwise specified in these agreements.

2. In case of a conflict of the rules of the legislation of Russian Federation and that of a foreign state applicable to space activity with the participation of organizations and citizens of Russian Federation, the legislation of Russian Federation shall prevail, unless otherwise specified in international treaties signed by Russian Federation.

 

 

Section VII. LIABILITY

 

Article 29. Responsibility of Officials, Organizations and Citizens

State bodies and their officials, other organizations and their officials, as well as citizens guilty of violation of this Law and other legislative acts governing space activity shall be held responsible in accordance with legislation of Russian Federation.

 

Article 30. Liability for Damage

1. Russian Federation shall guarantee full compensation for direct damage inflicted as a result of accidents while carrying out space activity in accordance with legislation of Russian Federation.

2. Compensation for damage inflicted as a result of accidents while carrying out space activity shall be paid by the organizations and citizens responsible for operation of the space technology involved.

If such damage is the result of errors committed at the creation and use of space technology, liability for damages shall be partly of fully laid upon the appropriate organizations and citizens.

3. Liability for damages inflicted by a space object of Russian Federation within the territory of Russian Federation or outside the jurisdiction of any state, except outer space, shall arise regardless of the fault of the inflictor thereof.

If in any place, apart from the Earth surface, damage has been inflicted on a space object of Russian Federation or on property on board of such object by another space object, the liability of organizations and citizens shall emerge with their being at fault and in proportion to their fault.

Should liability for damage inflicted by a space object of Russian Federation attach to several organizations and citizens, the injured party may claim for a compensation to all such organizations and citizens or to any of them.

In the latter case, the organization or the citizen that has indemnified for the damage shall have the right of recourse against the correspondents, whose liability shall be apportioned according to the degree of their fault, and if it is impossible to establish the fault - equally.

4. The liability of organizations and citizens participating in the creation and use of space technology for damage inflicted as a result of accidents while carrying out space activity shall be limited to the amount of the insured sum or insurance indemnity provided in contracts of insurance of space technology and risks involved in space activity.

If the insured sum or insurance indemnity is insufficient for compensation for the damage inflicted as a result of accidents while carrying out space activity, recourse may be taken against the property of relevant organizations and citizens in the manner specified in the legislation of Russian Federation.

 

 

The President of
Russian Federation

 

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