6 march 2012
Background material for the March 7, 2012 of the Government Presidium meeting (press release)
The Government Presidium, at its meeting on March 7, 2012, plans to consider the following issues:
1. Draft Federal Law On Russia’s Adherence to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children
The draft federal law has been submitted by the Ministry of Education and Science and the Ministry of Foreign Affairs.
The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Childrenwas signed in The Hague on October 19, 1996 and entered into force on January 1, 2002. Over 35 states are members of the Convention.
The convention takes into account the interests of children's protection institutes in various countries, and includes an extensive list of public and private measures designed to protect children’s personal and property rights. The scope of the convention includes delineation of the jurisdiction, finding solutions to issues of applicable law, and recognising and enforcing protective measures for children adopted in one of the convention’s member countries or other participating countries. The convention provisions apply to children from birth until the age of 18.
Analysis of the provisions of the convention for compliance with Russian legislation reveals the unity of approaches to the subject of regulation and the absence of any significant inconsistencies.
The need for adherence of the Russian Federation to the convention is based on the need to resolve problems that have been arising recently between parents and children born in wedlock into families started by persons who are nationals of different countries or live in different countries. The current bilateral international treaties of the Russian Federation on legal assistance and legal relations in civil and family matters do not allow for the full resolution of contradictions in the area of family relationships that arise between parents in the process of child rearing.
2. Draft Federal Law On the Ratification of the Agreement between the Russian Federation and the United States of America on Cooperation in the Sphere of Adoption of Children
The draft federal law has been submitted by the Ministry of Education and Science and the Ministry of Foreign Affairs.
The agreement between the Russian Federation and the United States of America on cooperation in the sphere of adoption of children was signed in Washington, D.C. on July 13, 2011.
The agreement between the two countries on cooperation in the sphere of adoption of children incorporates Russian legislative provisions and complies with the principles and provisions of Convention on the Rights of the Child of November 20, 1989 and international adoption standards practiced in Russia.
Such agreements are stipulated by the Family Code of the Russian Federation.The agreement emphasises that the adoption of a child by nationals of a foreign country shall be considered only in cases in which the country of origin failed to find a suitable family for the child in question.
Pursuant to the agreement, a child from Russia may be adopted with the intermediation of a duly authorised organisation. The agreement provides for mandatory social and psychological training for prospective parents.
The articles of agreement define the powers of competent authorities and organisations involved in the adoption process.
The agreement defines adoption procedures and establishes a mechanism for monitoring the living conditions and upbringing of adopted children.
The agreement also defines the procedure for acquisition of the host country’s citizenship by the adopted child and preservation of the nationality of the country of origin.
The agreement establishes the procedure for approval by executive authorities of the parties for the agreement of the measures involved in replacing a child to another family, as well as for making the decision on a child’s repatriation to the state of origin. .
3. Draft Federal Law On Amending the Federal Law on Placing Orders for the Supply of Goods, Performance of Work and Provision of Services for State and Municipal Needs
The draft federal law has been submitted by the Ministry of Economic Development.
The draft law proposes establishing a requirement for state and municipal customers to provide exclusively international non-proprietary names (INN) of medicines or their chemical names (when INNs are unavailable) in auction documents, documents on open auction in electronic form or to cite request notifications whenever an order for medical supplies is placed.
However, indicating brand names of medicines is allowed, provided they are included on the list that is approved in accordance with the procedure established by the government.
The draft also proposes that putting several medicines with different INNs on one lot should be forbidden in cases where the ultimate contract price (the price of a lot) exceeds the upper limit established by the government. The upper limit should be introduced in order to be able to streamline the number of purchases, which will cut costs involved in organizing and conducting auctions and administrating contracts in question.
Providing a legislative framework for the above procedure to form lots will help eliminate the practice of placing orders based on branded medicines which limits the number of auction participants and stifles competition on the pharmaceutical market.
4. Draft Federal Law On Amending Chapter 2 of the Federal Law On Mandatory Medical Insurance in the Russian Federation
The draft federal law is submitted by the Ministry of Healthcare and Social Development.
The Federal Law On Mandatory Medical Insurance in the Russian Federation stipulates that the procedure governing the withdrawal of authority of the Russian Federation in the area of mandatory medical insurance transferred to Russia’s regional authorities shall be established by the government.
The draft seeks to bring the above regulation on mandatory medical insurance in line with the regulations stipulated by the Federal Law On General Principles Governing the Organisation of Legislative (Representative) and Executive Government Bodies of Russia’s Constituent Entities, which stipulate the legislative establishment of the procedure governing the withdrawal of the transferred authority.
Therefore, signing the bill into law will remove existing inconsistencies between the law on the delimitation of authority and legislation on mandatory medical insurance.
5. Submitting to the President of the Russian Federation for Subsequent Introduction for Ratification the Agreement on the Procedure Governing the Formation and Functioning of the Forces and Means of the CSTO Collective Security System
The Agreement for the Procedure Governing the Formation and Functioning of the Collective Security Treaty Organisation’s forces and means of the collective security system has been developed pursuant to the decision made by the Council of Collective Security on February 4, 2009.
It has been developed on the basis of the existing Protocol on the Procedure for Forming and Functioning of Forces and Means of the Collective Security System of the CSTO member states of May 15, 1992.
The ratification of the agreement was prompted by the formation of the CSTO Collective Rapid Reaction Force and inclusion in the collective security system, in addition to military contingents, of the interior special forces, interior troops, duly authorised emergency prevention and relief bodies, as well as the CSTO member states’ civilian personnel.
The agreement seeks to adopt practical measures for forming and improving the CSTO collective security system to be used to repulse military aggression and other challenges and threats with respect to one or more parties.
The agreement sets forth the principles underlying the formation and functioning of the CSTO collective security system, discloses the purpose of the collective security system’s forces and means and regulates their operational strength, as well as the components of the forces of the collective security system.
Pursuant to the agreement, recruitment of the collective security system’s forces and means shall be conducted in accordance with the national legislation of the parties, international treaties adopted within the CSTO, decisions of the CSTO bodies and other international treaties to which parties are members.
The decision regarding the strength, deployment time and use of forces and means of the collective security system shall be made by the CSTO Council of the Collective Security based on an official call from one or more parties.
Upon entering into effect, this agreement shall terminate the Protocol on the Procedure for Forming and Functioning of Forces and Means of the Collective Security System of the CSTO member states of May 15, 1992 that was signed on May 25, 2001.
6. Draft Federal Law On Amending Articles 6.16 and 19.7 of the Russian Federation Code on Administrative Offences
The draft federal law is submitted by the Federal Service for Drug Control.
The Federal Law On Amendments to Certain Legislative Acts of the Russian Federation to Improve Control Over the Circulation of Precursors of Narcotics and Psychotropic Substances establishes the differentiation between measures of control over the circulation of narcotic substances, psychotropic substances and their precursors by dividing these substances into three categories depending on the level of danger that the illegal use of them presents to society.
The Federal Law On Amendments to the Federal Law On Narcotics and Psychotropic Substances to Improve Control Over the Circulation of Narcotic Substances, Psychotropic Substances and Their Precursors also introduced the fourth category of precursors into legislation of the Russian Federation, the circulation of which is prohibited except when used for research or educational purposes and expert or investigative activities.
However, the existing wording of Article 6.16 of the Code of Administrative Offences does not differentiate between control measures applied to precursors of various categories and various levels of danger presented by their illegal circulation, establishing instead similar penalties for the violation of regulations governing their circulation.
At the same time, the Federal Law On Narcotics and Psychotropic Substances sets forth requirements for reporting activities related to the circulation of narcotics, psychotropic substances and their precursors. However penalties set forth in Article 19.7 of the Code of Administrative Offences for failure to submit or untimely submission to a government body of proper information, as well as submission of incomplete or distorted information, are not differentiated either and are inconsistent with the level of danger of such violations with respect to narcotics, psychotropic substances and their precursors.
Considering the above, the draft proposes to diversify liability for violating the rules governing the circulation of precursors of various groups by toughening penalties for one group, leaving them unchanged for another and making them less strict for the third group.
Also pursuant to the Federal Law On Amendments to Individual Legislative Acts of the Russian Federation to Improve Control Over the Circulation of Precursors of Narcotics and Psychotropic Substances, individual entrepreneurs are entitled to engage in activities related to circulation of precursors listed in List IV.
However, Article 6.16 of the Code of Administrative Offences does not treat individual entrepreneurs as persons subject to administrative liability for violating rules governing the circulation of precursors. In this regard, the note to Article 6.16 of the Code of Administrative Offences as proposed by the draft, will provide for the liability of individual entrepreneurs for the above violations.
7. Introducing Amendments to Certain Legislative Acts of the Government of the Russian Federation on Assigning Power Grid Facilities to the Unified Nationwide Power Grid and Maintaining a Register of Such Facilities
The draft federal law has been submitted by the Ministry of Energy.
The draft seeks to improve the decision-making procedure for assigning power grid facilities to the unified nationwide power grid and maintaining a register of such facilities. The document draws on the expertise gained from the use of Regulations on Assigning Power Grid Facilities to the Unified Nationwide Power Grid and Maintaining a Register of Power Grid Facilities that are Part of the Unified Nationwide Power Grid.
The draft specifies the procedure for submitting the information and documents that are necessary for making a decision on assigning power grid facilities to the unified nationwide power grid.
The draft also seeks to facilitate timely updates to the register of the power grid facilities that are part of the unified nationwide power grid.
8. Establishing an Organising Committee for Preparation and Holding of the 36th Session of the UNESCO World Heritage Committee in the Russian Federation in 2012
The draft executive order has been submitted by the Ministry of Foreign Affairs.
The decision to hold the 36th session of the UNESCO World Heritage Committee in Russia was made at its 35th session held in Paris on June 19-29, 2011.
The draft executive order provides for the establishment of the organising committee for preparation and holding of the 36th session of the UNESCO World Heritage Committee in Russia in 2012. The draft also provides for approval of the organising committee’s members to include delegates from federal executive bodies, agencies and organisations involved in implementation of international projects with the support of UNESCO, as well as Russia’s representatives of UNESCO executive bodies.
March 6, 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.