Selected Examples of National Laws Governing Space Activities: Russian Federation
[UNOFFICIAL TRANSLATION]
GOVERNMENT OF RUSSIAN FEDERATION
RESOLUTION of May 15, 1995
N 468 Moscow
About approval of the "Regulations of the Russian Space Agency"
The Government of the Russian Federation resolves:
1. To approve the attached "Regulations of the Russian Space Agency".
2. To declare the Resolution of the Council of Ministers - the Government of the Russian Federation of March 25, 1993 N 250 "On approval of the "Regulations on the Russian Space Agency" (the Collections of Acts by the President and the Government of the Russian Federation, 1993, 14, art.1181) invalid.
The Chairman of the Government of the Russian Federation
V.CHERNOMYRDIN
Approved
by the Resolution of the Government
of the Russian Federation
on May 15, 1995
Regulations of the Russian Space Agency
1. The Russian Space Agency (RSA) is a federal body of executive power which ensures implementation of the state policy in the field of research and use of outer space for peaceful purposes and fulfilment of the Federal Space Program of Russia. The Russian Space Agency is a state customer for space technology of scientific and economic destination, as well as a co-customer for space technology used both for scientific and economic and also for purposes of defense and security of the Russian Federation, acting in conjunction with relevant federal bodies of executive power, bodies of executive power of the subjects the Russian Federation, bodies of local self-governing.
2. In its activity the Russian Space Agency acts in accordance with the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, as well as with the present Regulations.
3. The main tasks of the Russian Space Agency are:
pursuing the state policy in research and use of outer space in peaceful purposes;
working out together with the Ministry of Defense of the Russian Federation, the Russian Academy of Sciences, other ministries, departments and organizations concerned, submitting to the Government of the Russian Federation a project of the Federal space program of Russia, state defense order on rocket-and-space technology (in conjunction with the Ministry of Defense of the Russian Federation and other ministries in part related thereto), bringing them to correspondent enterprises and organizations
execution of the duties of the general customer on the development of space systems, complexes and means of scientific and economic destination, including those concerning objects of the ground space infrastructure;
ensuring jointly with the Ministry of Defense of the Russian Federation compilation, placement and implementation of a state defense order, scientific research and experimental design works on rocket and space technology of different destination at enterprises and organizations which are under the management of the Russian Space Agency;
development together with interested ministries and departments of scientific research and testing base of cosmonautics, creation of scientific technical and technological background for improving of rocket and space technology;
ensuring together with the Ministry of Defense of the Russian Federation launches of spacecraft of scientific and economic destination and control over them;
organization of works to perform piloted space flights, as well as to select and train cosmonauts;
cooperation with corresponding bodies of the states - members of the Commonwealth of Independent States and other foreign states in the field of research and use of outer space within its competence;
organization and coordination of works on commercial space projects and assistance in their accomplishment;
forming and ensuring the implementation of the state scientific technical and industrial policy in the field of rocket-and-space technology , elaborating and promoting the fulfilment of the program of development, conversion and structural reforming the rocket-and-space branch;
composing, deploying and ensuring the implementation of the plan of the works to develop and use space technology in scientific and economic purposes, including works on international space projects, as well as procurement and delivery the space technology for the fulfilment of the federal space program of Russia in the established way;
promoting the elaboration and implementation of mobilization plans and tasks, measures of civil defense , plans to collect and replenish material resources of mobilization reserves at the enterprises of the rocket-and-space branch;
ensuring the fulfilment of works on warranty control, industrial utilization and destroying military rocket and space technology , being put out of operation, which are made at the enterprises of the Russian Space Agency;
introducing new efficient forms of training and retraining personnel under the conditions of conversion and structural reforming of industries;
ensuring industrial and ecological safety at the enterprises and organizations, which are under the management of the Russian Space Agency;
issuing licenses for conducting space activities;
organization of certifying space technology of scientific and economic destination.
4. In accordance with the assumed tasks the Russian Space Agency:
organizes comprehensive researches on substantiating the main directions of the development of rocket-and-space technology of different destination and on determining their tactical and technical parameters;
determines together with ministries, departments and organizations concerned the priority scientific research and experimental design works, volumes of purchases and deliveries of space technology, capital investments for the fulfilment of the Federal space program of Russia, participates jointly with Ministry of Defense of Russian Federation in analogous works, which are conducted in the purpose of fulfilling a long-term program of creation and use of space technology of military destination and state defense order;
prepares on the basis the Federal Space Program of Russia and submits to the Ministry of economics of the Russian Federation and the Ministry of Finance of the Russian Federation the proposals on the budget of the Russian Space Agency for a coming year;
ensures consideration of a project of the Federal Space Program of Russia and a project of the budget application of the Russian Space Agency for a coming year at the Interdepartmental expert commission on space and organizes further consideration of these projects taking into account the recommendations of the Commission;
issues coordinated with ministries and departments concerned, the technical assignments for scientific research and design engineering works, the customer of which is the Russian Space Agency;
ensures together with ministries and departments concerned the implementation of scientific research and design engineering works on space technologies of scientific and economic destination, buys it and together with the Ministry of Defense of the Russian Federation ensures the operation of this technologies;
finances capital construction of ground objects of space infrastructure of civil purposes and together with the Ministry of Defense of the Russian Federation those of dual purpose (under shared financing) and also the objects of ground experimental base and objects of the enterprises and organizations, which are under the management of the Russian Space Agency, in accordance with the Federal Space Program of Russia, the long-term program of development and use of space technology of military destination, state defense order;
works out proposals on shared financing of scientific research, experimental and design engineering works on rocket-and-space technology of different destination;
works out the annual plan of launchings of space vehicles of scientific, economic and dual destination in conjunction with the ministries, departments and organizations concerned, and approves it together with the Ministry of Defense of the Russian Federation;
submits proposals on adoption for operation of scientific and economic space systems and complexes, coordinated with the Ministry of Communications of the Russian Federation and other ministries and departments concerned, to the Government of the Russian Federation;
submits proposals on adoption for operation and armament of space systems, complexes and rocket complexes of dual destination, where the Russian Space Agency and this Ministry acts as state customers, together with the Ministry of Defense of the Russian Federation, to the Government of the Russian Federation;
adopts space civil facilities (except space systems and complexes) for operation coordinated with the Ministry of Defense of the Russian Federation;
ensures forestalling elaboration of new technologies, materials and scientific and technical background for the development of perspective samples of rocket and space technology together with the Ministry of Defense of the Russian Federation;
in accordance with the legislation in force approves normative-technical documents determining the order of development, tests and operation of space technology obligatory for execution by all enterprises and organizations participating in the realization of the Federal Space Program of Russia, the long-term program of development and use of space technology of military destination and state defense order, together with the Ministry of Defense , the State Committee of the Russian Federation on defense branches of industry and upon coordination with other ministries and departments concerned;
ensures maintenance and development of cosmodromes, flight control centres, command-telemetry complexes and other ground-based objects of space infrastructure used for the realization of the Federal Space Program of Russia, annual plans of launchings and flights of space vehicles of different destination, together with the Ministry of Defense of the Russian Federation on a shared basis, with other interested ministries and departments;
ensures maintenance and development of the objects of ground experimental base which is necessary for mastering of space technology;
works out proposals on issues of safety, pursues at the enterprises and organizations, which are under the management of the Russian Space Agency, a single policy in the sphere of state secrets protection and preservation of commercial secrets;
participates in organization of works on the use of strategic missiles systems to be reduced and eliminated, as launchers of various civil space devices together with the Ministry of Defense of the Russian Federation and other ministries and departments concerned;
forms coordination councils on directions of the development of space technology for peaceful purposes subject to conciliation with the ministries and departments concerned;
attracts non-budget financial resources for the realization of the Federal Space Program of Russia and for the accomplishment of other works related to the competence of the Russian Space Agency in accordance with the present Regulations;
according to the established procedure concludes treaties with foreign partners on the accomplishment of international space programs and projects (including those on a commercial basis) to be realized under financial or other support of the Russian Federation;
keeps contacts with corresponding bodies of the countries-members of the Commonwealth of Independent States for realization of the Agreement on Joint Activities in the Exploration and Uses of Outer Space in Peaceful Purposes;
ensures the realization of international obligations of the Russian Federation in the field of space activity, the development of mutually beneficial cooperation with organizations of foreign countries, together with the Ministry of Defense of the Russian Federation, State Committee the Russian Federation on defense branches of industry and other ministries and departments concerned;
conducts negotiations to conclude international agreements in the field of exploration and uses of outer space for peaceful purposes, together with the Ministry of Foreign Affairs of the Russian Federation and other ministries and departments concerned;
within the limits of its competence concludes international agreements with corresponding organizations of foreign countries;
represents the Russian Federation in the Inter-state space council of the Commonwealth of Independent States;
keeps up the Register of space objects of the Russian Federation, presents the information about space objects launched in Russia to the United Nations Organization;
participates in preparation of standards on issues of development and operation of space technology, as well as normative documents on safety requirements during the development, tests and operation of civil space technology;
accomplishes public information ensuring, organizes rocket-and-space technology shows, preparation and publication of scientific and technical literature on cosmonautics together with the ministries and departments concerned;
works out projects of legislative and other normative acts regulating activity on the exploration and uses of outer space, together with the Ministry of Defense of the Russian Federation and other ministries and departments concerned;
acquires, leases, sales, constructs, reconstructs and operates space and other civil and dual purpose technology (including spacecraft and carrier-rockets) buildings and facilities, other property, acquires patents, licenses, "know-how";
concludes agreement (contracts) on the fulfilment of basic researches, scientific, experimental, design engineering and technological works, works connected with operation of space technology, launching of space vehicles, maintenance and development of the ground space infrastructure and experimental base, capital constructions and the fulfilment of other tasks assigned to the Russian Space Agency;
within the limits of its competence represents the Russian Federation in international organizations acting in the field of exploration and uses of outer space;
conducts state regulation and coordination of the activities of enterprises and organizations on research, development, production and delivery of rocket-and-space technology of different destination, as well as on rendering services in the field of space activities to foreign organizations and firms;
participates together with the Ministry of Defense of the Russian Federation, other ministries and departments concerned in elaborating proposals on the insurance of defense capability the Russian Federation and control over the fulfilment of international treaties with the use of space means;
promotes the elaboration and implementation of mobilization plans and tasks, measures of civil defense , plans to collect and replenish material resources of mobilization reserves with the aim to ensure a stable functioning of enterprises and organizations of the rocket-and-space branch in emergency period and under martial law;
elaborates and conducts the technical policy, aimed at ensuring healthy and safe labour conditions at the enterprises and organizations, which are under the management of the Russian Space Agency;
exercises within its competence control over using the budgetary means, conversion and investment credits, means of non-budget fund, as well as elaborates and submits, subject to the established procedure, proposals on formulation and implementation of tax, financial, credit, price policy and on other questions connected with scientific and production, social and economic activities of the enterprises and organizations of the rocket-and-space branch;
participates in elaboration and implementation of privatization program, in stimulating entrepreneurial activities and competition;
promotes in conjunction with the interested ministries, departments, enterprises and organizations marketing investigations, elaborates long-term and short-term prognosis of the developments of the rocket-and-space branch;
undertakes the expertise and approve projects of construction, enlargement and technical re-equipment of the enterprises and organizations, which are under management of the Russian Space Agency;
undertakes measures for legal protection of objects of intellectual property and also represents the state interests while solving issues of using such objects, created at the expense of the federal budget.
5. The Russian Space Agency is granted with the rights:
to request and obtain from federal bodies of executive power, enterprises and organizations the information necessary for the fulfilment of the tasks assumed thereon;
to issue within its competence and subject to the procedure established by the legislation in force, normative acts and to exercise control over their observance;
to exercise control over the stipulated and efficient using by the subordinate enterprises and organizations of budgetary means allocated to them;
to publish bulletins and other scientific and technical materials on rocket-and-space themes;
to open foreign offices, according to the established procedure;
to enlist experts for caring out consultations, preparation and consideration of corresponding questions on a contractual basis, to form provisional creative collectives and working groups for solution of some scientific-and-technical issues;
to perform foreign economic activities according to the procedure established by the legislation;
in accordance with established procedure, to send employees of the Russian Space Agency to official trip abroad and to receive foreign specialists at the Russian Space Agency for resolution of issues connected with their activities;
to perform international telephone, telex and facsimile communications according to the established procedure for the solution of the tasks the Russian Space Agency.
6. The Russian Space Agency possess exclusive rights to use and dispose scientific and technical products and "know-how" in the field of space technology created in accordance with the agreements concluded by the Russian Space Agency (if agreements do not envisage otherwise) and also products and "know-how" created before as a scientific and technical background on space technology of scientific and economic destination.
7. The Russian Space Agency is headed by a Director General to be appointed and relieved by the President of the Russian Federation with the submission of the Chairman of the Government of the Russian Federation.
8. Deputies of the Director General are appointed and relieved by the Government of the Russian Federation. Distribution of duties between the deputies is exercised by the Director General.
9. The financing of Russian Space Agency staff is accomplished at the expense of federal budget to be used for upkeeping of central bodies of the federal executive power of the Russian Federation.
10. The General Director of the Russian Space Agency:
directs activities of the Agency;
bears personal responsibility for implementation by the Agency of tasks charged with, sets up a degree of responsibility of its deputies and leaders of agency structural divisions for directing separate spheres of its activities and work of subordinate organizations and enterprises;
approves structure, staff composition and regulations on the agency's structural divisions;
appoints and relieves leaders of structural divisions and other employees of the central staff of the Russian Space Agency;
appoints and relieves chiefs of enterprises and organizations, which are under the management of the Russian Space Agency;
within the limit of its competence and in accordance with acting legislation independently and when it is necessary together or subject to conciliation with other ministries and departments of the Russian Federation, issues orders and instructions obligatory for execution by the enterprises and organizations, which are under the management of the Russian Space Agency;
establishes decorations of the Russian Space Agency and rewards the employees of organizations and enterprises, which are under the management of the Russian Space Agency, as well as other persons, who actively participated in development of space technology and in works on exploration and use of outer space.
11. A board, comprising the Director General (chairman), his deputies ex-officio and also other leading employees of the Agency, is formed in the Russian Space Agency.
Members of the board of the Russian Space Agency, except persons included into the staff due to their duty, shall be nominated by the Government of the Russian Federation.
12. The board of the Russian Space Agency considers at its sessions the most important questions of provision of the works in the field of exploration and uses of outer space, of Agency activities and functioning of its structural divisions, of selection, arrangement and mastering of staff, social-and-economic development of the organizations and enterprises of the Agency and also other problems concerning its competence. Decisions of the board are put into practice by the orders of the Director General of the Russian Space Agency.
13. To pursue a single technical policy while creating space systems and complexes, working out recommendations on taking account of modern achievements of science and technology s while developing, testing and operation of perspective space equipment, a scientific and technical council is formed at the Russian Space Agency. Members of the council include: leading employees, scientists, designers, highly skilled specialists of the Agency, the State Committee of the Russian Federation on defense branches of industry, the Russian Academy of Sciences, the Ministry of Communications of the Russian Federation, the Ministry of Defense of the Russian Federation, other central bodies of federal executive power concerned and also of enterprises and organizations of rocket-and-space industry, representatives of public organizations and independent experts. The staff of the scientific and technical Council and the regulations thereof are approved by the General Director of the Russian Space Agency.
14. The Russian Space Agency has its current and other banking accounts.
15. The Russian Space Agency is a legal entity and has its seal with the picture of the Russian Federation State insignia and with its appellation.