19 january 2012

Background material for the Jan. 20, 2012 Government Presidium meeting (press release)

PRESS RELEASE*

The following issues are scheduled for discussion at the Government Presidium meeting on January 20, 2012: 

1. Draft federal law On Amending the Federal Law On Emergency Rescue Services and the Status of Rescue Workers

The draft federal law has been submitted by the Ministry of Civil Defence, Emergencies and Disaster Relief.

Employees of paramilitary mine rescue squads accountable to the Ministry of Emergencies and directly involved in relief operations at organisations engaged in mining and other areas at hazardous industrial facilities in the coal-mining, mining and metallurgical industries and at underground construction sites during construction, reconstruction, operation, liquidation and mothballing have been properly certified based on legislation for conducting underground mine rescue operations, but they do not have the rights and the guarantees available to rescuers.

The draft federal law enshrines in law the mechanism for exercising legal and social protection guarantees for rescuers and their family members as prescribed by the Federal Law On Emergency and Rescue Services and the Status of Rescuers.

To ensure access to the equal guarantees established by the federal law for employees whose work can pose a risk to their life or health, the draft federal law proposes establishing a list of search-and-rescue positions filled by people permanently employed as rescuers with professional rescue services, professional rescue formations and participate in emergency clean-ups.

Such an approach provides similar guarantees and equal rights to employees performing similar job functions in the same career field regardless of the organisational and legal form of the respective professional search-and-rescue services and formations. It is also proposed to stipulate in Item 4, Article 11 of the federal law that when professional search-and-rescue services and formations perform work under contract their financial support should be provided in accordance with the legislation. Furthermore, the proposal has been made to make a provision in Article 20 of the federal law to the effect that financing professional search-and-rescue services and formations should be provided not only in the budgets of the corresponding levels, but also from the revenue generated by work under contracts with organisations and other sources prescribed by legislation, which will reduce the burden on the respective budgets. The draft's passing will eliminate existing uncertainty in the area of the legal protection of rescuers as they perform their professional duties associated with risk to their life or health and will also significantly improve the social welfare of rescue workers and the economic situation of paramilitary mine rescue workers accountable to the Ministry of Emergencies. 

2. Draft federal law On the Statement of the Russian Federation Concerning the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

The draft federal law has been submitted by the Ministry of Foreign Affairs and the Ministry of Economic Development.

The draft law provides for the application of Articles 8 and 13 of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.

The Federal Law On the Accession of the Russian Federation to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment provides for accession to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment and the Protocol with statements that allow Russian aircraft makers, air carriers and financial organisations to receive positive economic effects (guarantees/discounts) in aircraft equipment transactions (purchase/sale/lease).

The draft law is designed to facilitate the provision of maximum discounts on loans issued to participants for financing aircraft equipment-related transactions using international interests as security provided for by the Convention and the Protocol.

Pursuant to Item 1, Article 30 of the Protocol, the contracting state shall, during its ratification, adoption, approval or accession, be entitled to state that it will apply any one or more of articles 8, 12 and 13 of the Protocol. Pursuant to Item 1 of Article 33 of the Protocol, any participating state may make a subsequent statement at any time following the date that the Protocol becomes binding by duly notifying the depositary. Since the Protocol became binding for Russia on Sept. 1, 2011, Russia is entitled to make a statement about the application of Article 8 of the Protocol.

Article 8 confirms the right of transacting parties to agree on the applicable law, i.e., to choose the law of any state and to use it for the full or partial regulation of their contractual relations.

This is different from the provisions of the Civil Code where by virtue of Article 1213   agreements concerning real estate, including such a part of it as aircraft, located  within the country, are unconditionally governed exclusively by Russian law.

This approach can be changed. The absolute majority of the transactions involving foreign participation can already be governed by foreign law, unless otherwise agreed upon by the parties. This does not preclude the consideration of disputes arising in connection with such transactions by Russian courts.

In accordance with Article 13 of the Protocol, the debtor shall give the creditor the irrevocable power to de-register and remove an aircraft. The beneficiary of such an irrevocable power is the only person entitled to request the withdrawal of the aircraft from the National Register of Civil Aircraft or to remove and physically transfer the aircraft from the country where it is located if the other party violates its contractual obligations.

The bill's adoption would require changes to the Air Code and the adoption of acts by the government and the Ministry of Transport to create a mechanism for excluding aircraft from the National Civil Aircraft Register  based on the irrevocable power for de-registration and physical removal, as well as registration by a duly authorised government agency of the irrevocable power for de-registration and export.

There is no need to change customs regulations. The implementation of the above Protocol provisions requires that the business community develop the practice of contractual relations with foreign participants who provide funding/financing for corresponding transactions. Thus, in accordance with Article 186 of the Customs Code of the Customs Union, foreign entities may import goods only if they are entitled to dispose of the goods in the absence of a foreign transaction. In this regard, the provision of Article 13 related to exporting an aircraft by a foreign entity from the customs territory within the Customs Union can be implemented only if the agreement under which the “irrevocable power” was issued as collateral has been terminated.

In view of the Federal Law On International Treaties of the Russian Federation, the application provided for by the bill shall be formalised according to federal law.

3. Procedure Governing the Participation of Representatives of the Russian Federation in the Management Bodies of Independent Non-Profit Organisations

The draft resolution has been submitted by the Ministry of Economic Development.

The draft resolution provides for a procedure governing the appointment of representatives of the Russian Federation to governing bodies of independent non-profit organisations, in accordance with which these representatives shall be appointed by the government upon the Ministry of Economic Development's recommendation prepared by the Federal Agency for State Property Management in consultation with the federal ministry or the federal executive body vested with powers for state property management led by the president or the government.

It is also provided that representatives of the Russian Federation may include persons taking duties of government positions, federal civil service positions and other persons acting in accordance with the agreement on the representation of the interests of the Russian Federation in the governing bodies of an independent non-profit organisation - professional attorneys.

The agreement signed by the Federal Agency for State Property Management and professional attorneys shall be gratuitous.

The draft also defines the duties of representatives of the Russian Federation, including the duty to vote on issues put to discussion during meetings of governing bodies of independent non-profit organisations based on orders and instructions of the president and the government. In addition, representatives are required to submit annual reports on their activities to the governing bodies of independent non-profit organisations by posting the report in an electronic form on the interagency state property management Internet portal.

The project provides for amending the Government Resolution On the Federal Agency for State Property Management to clarify the powers of the Federal Property Agency for the preparation and submission to the Ministry of Economic Development of draft government decisions on the appointment of representatives of the Russian Federation to governing bodies of independent non-profit organisations.

4. Procedure Governing the Management of Equity Owned by the Russian Federation in Limited Liability Partnerships Established During Privatisation Process

The draft resolution has been submitted by the Ministry of Economic Development.

In order to enforce a common position on managing interests owned by the Russian Federation in limited liability companies created during privatisation, the draft seeks to establish that the rights of a participant in a limited liability company shall be carried out on behalf of the Russian Federation by the Federal Agency for State Property Management and the Ministry of Defence (with regard to limited liability companies created during privatisation and federal state unitary enterprises administered by the Ministry of Defence).

The draft provides that the Federal Agency for State Property Management shall exercise such rights based on proposals of federal agencies under the jurisdiction of federal ministries or federal executive bodies having the authority to manage state property, which are led by the president or the government.

The draft proposes to amend the Government Resolution On the Federal Agency for State Property Management to clarify the powers of the Federal Agency for State Property Management to exercise the rights of participants of limited liability companies. In addition, the draft proposes amending the Government Decree On the Federal Property Management Measures, partially related to exercising the above powers of the Ministry of Defence.

5. Amending Paragraph 13 of Technical Regulations On Hazardous (Polluting) Emissions Requirements for Automotive Vehicles Operated in the Russian Federation

The document has been submitted by the Ministry of Industry and Trade.

The draft envisages bringing the dates of entry into force of the environmental classes requirements (environmental classes 3 and 4) for motor vehicles in line with changes to technical regulations On Requirements for Automobile and Aviation Gasoline, Diesel and Marine Fuel, Jet Fuel and Heating Oil approved by the Government of the Russian Federation’s resolution No. 748 dated Sept. 7, 2011.

Thus, the validity of environmental class 3 for equipment with the appropriate certification documents (vehicle type approval) has been postponed for one year from Dec. 31, 2011 to Dec. 31, 2012, and environmental class 4 from Dec. 31, 2014 to Dec. 31, 2015.

6. Draft federal law On the Ratification of the Maritime Labour Convention of 2006

The draft federal law has been submitted by the Ministry of Foreign Affairs, the Ministry of Transport and the Ministry of Healthcare and Social Development.

The Maritime Labour Convention of 2006 was adopted on Feb. 23, 2006 at the ninety-fourth session of the General Conference of the International Labour Organisation (ILO). The Russian delegation was formed in accordance with ILO statutes on a tripartite basis by Directive No. 137-r of the government on Feb. 6, 2006 and voted for Convention's adoption.

The Convention's purpose is to establish an international treaty covering all modern standards of existing conventions and recommendations on maritime labour, as well as the fundamental principles contained in other international labour conventions. The Convention revises 36 ILO conventions now in action, of which 11 have been ratified by the Russian Federation.

The structure of the Convention consists of binding Articles, Rules and Regulations and Advisory Guidelines. The Convention shall enter into force 12 months after the date of the registration of the ratification instruments by at least 30 ILO member states, whose merchant fleets’ total gross tonnage amounts to no less than 33%. As of March 2011, 12 states had ratified the Convention with a total gross tonnage of merchant fleets exceeding 40% (Bahamas, Bosnia and Herzegovina, Bulgaria, Croatia, Norway, Marshall Islands, Liberia, Panama, Spain, Canada, St. Vincent and the Grenadines and Switzerland). The EU is working on having the Convention ratified by all of its member states.

The Convention sets forth a compliance and enforcing mechanism to be followed by the state of the ship’s flag and the state of the port as part of port control procedures, according to which all vessels flying the flag of an ILO member must possess and regularly revalidate the Certificate of Compliance with Maritime Labour Standards and the Declaration of Compliance with Labour Standards in the Maritime Industry.

Under the Convention, a vessel may, in accordance with international law, be inspected not only by the flag state, but also by any other ILO member state that ratified this Convention when the ship is in one of its ports to determine whether the vessel complies with Convention requirements.

While carrying out inspections in accordance with the Convention, each ILO member state must make sure that the ships of any state that has not ratified the Convention are not treated in a more favourable manner than the ships flying the flag of a state that had ratified it. With regard to this, if the Convention enters into force prior to it being ratified by the Russian Federation, ships flying the Russian flag will be subject to inspections in foreign ports. The Russian Federation will not have the right to take similar action.

Some regulations of the Russian Federation (minimum age of employees, wages, training and qualifications, career development, social welfare, filing and reviewing complaints about labour rights violations) meet or are materially equivalent to the regulations of the Convention.

However, the implementation of a number of Convention rules regarding repatriation, hiring and placement, health security and labour safety, nutrition, social and personal services, and the Convention enforcement mechanism require the adoption of regulations or the amendment of certain legislative or other regulatory acts.

The Convention contains rules other than those provided for by Russian legislation and regulates human rights and freedoms. In this regard, the Convention shall be ratified on the basis of Article 8 On the Entry into Force, and sub-paragraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 15 of the Federal Law On International Treaties of the Russian Federation.

7. Draft federal law On Amending the Criminal Code of the Russian Federation

The draft law has been submitted by the Ministry of Justice.

Taking into account the differentiated approach towards punishing the perpetrators of crimes, the first, second and third paragraphs of Article 141 of the Criminal Code provide for increasing the fine to 80,000 roubles or the amount of the salary or other income of the convicted person for over a period of up to six months, from 100,000 to 300,000 roubles or the amount of the salary or other income of the convicted person for over a period of up to one to two years, and from 200,000 to 500,000 roubles or the amount of the salary or other income of the convicted person over a period of up to one to three years, respectively.

The bill proposes establishing a fine in the first part of Article 1411 of the Criminal Code in the amount ranging from 200,000 to 500,000 roubles or the amount of the salary or other income of the convicted person over a period of up to one to three years. In the second part of the above article, the lower limit of the fine increases to 200,000 roubles. The sanctions in the first part of Article 142 of the Criminal Code set the lower limit of the fine at 100,000 roubles. In the second and third parts of Article 142 of the Criminal Code the lower limit of the penalty increases to 200,000 roubles.

The bill also proposed to institute in Article 1421 of the Criminal Code a fine in the amount ranging from 200,000 to 500,000 roubles or the amount of the salary or other income of the convicted person for over a period of up to one to three years.

8. Draft federal law On Amending Article 178 of the Criminal Procedure Code of the Russian Federation

The draft federal law was developed by the Ministry of Interior following the meeting of the Interagency Commission of the Security Council of the Russian Federation on Public Safety dated March 31, 2011.Its provisions are designed to bring the Criminal Procedure Code of the Russian Federation in accordance with Article 7 of the Federal Law On State Genome Registration in the Russian Federation, which sets forth the requirement for mandatory genome state registration of unidentified corpses.

The bill proposes to present a new version of the second part of Article 178 of the Criminal Procedure Code of the Russian Federation, setting forth a requirement whereby unidentified corpses shall be subject to state genome registration according to the procedure established by the government.

The proposed wording of Article 178 of the Criminal Procedure Code of the Russian Federation contains a blanket rule [1] and will be used inseparably with other legal provisions in the area of genome registration.

[1] A blanket rule is a rule of law that provides government agencies and officials the right to establish rules of conduct, bans and so on at their own discretion.

9. Submitting to the President of the Russian Federation the Agreement on Cooperation among CSTO Member States in Developing, Manufacturing, Operating, Maintaining, Upgrading, Extending the Service Life of, and Scrapping Defence Products, for Introducing for Subsequent Ratification

The draft resolution has been submitted by the Ministry of Foreign Affairs and the Ministry of Defence.

The draft proposes to approve the Agreement on Cooperation between Member States of the Collective Security Treaty Organisation in Developing, Manufacturing, Operating, Maintaining, Upgrading, Extending the Service Life of, and Scrapping Defence Products signed in Moscow on Dec. 10, 2010. The draft also proposes to introduce the agreement to the president for subsequent submitting for ratification by the State Duma.

The agreement defines the areas, rules and terms and conditions underlying interaction between the Parties.

In accordance with the Federal Law On Military and Technical Cooperation of the Russian Federation with Foreign States, the primary methods for state regulation and implementation of the state monopoly in military and technical cooperation include, among others, the licensing of import and export of military items and the non-participation in military technical cooperation of Russian companies that are not properly licensed to perform foreign trade transactions.

In accordance with the agreement, the delivery of defence products will be carried out under agreements based on approved bilateral lists that contain the names of customers and the suppliers of defence products from among the participants of the military and economic cooperation, the product range and the volumes of the supplied products.

Mechanisms for drawing up the lists of and supplying the defence products shall be determined upon approval (agreement) by and between the duly authorised bodies of the Parties.

The agreement shall be ratified on the basis of the Federal Law On International Treaties of the Russian Federation.

10. Submitting to the President of the Russian Federation the Agreement on Partner Relations between the Russian Federation and the Republic of Chile for Introducing for Subsequent Ratification

The draft federal law and the draft government resolution on this issue have been submitted by the Ministry of Foreign Affairs.

The treaty between the Russian Federation and the Republic of Chile on partner relations is fully consistent with current international legal practice in this area. The document was signed during the APEC Leaders Meeting in Yokohama, Japan on Nov. 13, 2010.

This is a framework agreement designed to develop long-term mutually beneficial cooperation between the two states in political, trade, economic, cultural, legal and other areas on the basis of internationally recognised principles and the standards of international law.

11. Amending Regulations on the Federal Service for Alcohol Market Regulation

12. Federal Executive Body Authorised to Make Long-Term Amendments to the Action Programme of the Russian Motorways State Company That do not Affect the Programme’s Performance Targets

The draft resolution has been submitted by the Ministry of Transport. It proposes to invest the Ministry of Transport with long-term authority to amend the action plan of the state-owned Russian Motor Roads company without affecting the performance targets set forth in this plan.

In addition, the draft stipulates that the implementation of these powers shall be exercised by the Ministry of Transport within the established maximum number of employees of the central executive office of the ministry and the federal budget allocations provided to the ministry for administration and management in the area of ​​established functions.

13. Allocating to the Cabinet of Ministers of the Republic of Adygeya Budgetary Money from the Reserve Fund of the Government of the Russian Federation for Prevention and Liquidation of Emergency Situations and the Aftermath of Natural Disasters for Relieving the Damage Caused by Torrential Rains in the Republic of Adygeya in May 2011

14. Allocating to the Cabinet of Ministers of the Republic of Tatarstan Budgetary Money from the Reserve Fund of the Government of the Russian Federation for Prevention and Liquidation of Emergency Situations and the Aftermath of Natural Disasters for Relieving the Damage Caused by Ammunition Explosions at the Ministry of Defence’s Warehouses in the Village of Pugachyovo in the Malopurginsky District in the Republic of Udmurtia on June 2-3, 2011

Moscow,
Jan. 19, 2012

* Press releases by the Department of Press Service and Information are based on the materials submitted by the executive federal bodies for discussion by the Government Presidium.