1 march 2013

Government decisions resulting from the February 28, 2013 meeting

Government decisions resulting from the February 28, 2013 meeting.

1. Draft state programme of the Russian Federation Natural Resource Restoration and Use

The main goals of the state programme are to ensure sustainable supplies to the country’s economy of mineral raw materials and geological information on subsoil resources; sustainable water use while preserving water eco-systems and protecting the population and economic facilities from the adverse impact of water; the preservation, reproduction and rational use of hunting resources.

The draft state programme includes the following subprogrammes: The reproduction of Mineral Resources and Geological Study of the Subsoil, The Use of Water Resources, The Preservation and Reproduction of Hunting Resources, as well as the passport of the federal targeted programme Development of Water Management in the Russian Federation in 2012-2020.

Government decision

1. To approve in principle the draft state programme of the Russian Federation Natural Resource Restoration and Use.

2. The Ministry of Natural Resources (Sergei Donskoy) and the Ministry of Finance (Anton Siluanov), based on the results of the discussion, shall finalise the above state programme, updating its indicators and resource provision.

The finalised draft state programme is to be submitted to the Government of the Russian Federation within a week, according to standard procedure.

2. Draft state programme Development of the Fisheries Sector

The draft state programme identifies the goals, tasks and the main priorities in the development of the fisheries sector up to 2020 and outlines the mechanisms for the development of the fisheries sector and their performance indicators.

The draft state programme consists of six sub-programmes: Organisation of Fishing, Aquaculture Development, Science and Innovation, Protection and Control, Modernisation and Stimulation, Providing Conditions for the Implementation of the State Programme.

Government decision

1. To adopt the draft state programme Development of the Fisheries Sector.

2. The Ministry of Agriculture (Nikolai Fyodorov), the Ministry of Finance (Anton Siluanov) and the Ministry of Economic Development (Andrei Belousov), based on the results of the discussion, shall revise the issue of the levels of financing of the activities under the state programme Development of the Fisheries Sector, paying particular attention to the development of aquaculture, scientific research and scientific fishing expeditions, and material and technical support of fisheries protection bodies.

The relevant proposals are to be submitted to the Government according to standard procedure by June 20, 2013.

3. Draft federal law On the Ratification of the Treaty on the Interaction Between Authorised Agencies of the Member States of the Agreement on Common Principles of Currency Policy of December 9, 2010 Engaged in Currency Control.

The Treaty specifies the procedure for interaction between the authorised bodies of the state signatories to the Agreement which engage in currency control in order to ensure compliance with the currency legislation when effecting currency transactions and to ensure the safety of the financial system of the state signatories to the Agreement.

The Treaty specifies cooperation among the authorised currency control bodies in preventing, uncovering and stopping violations of currency legislation by residents of the state signatories to the Agreement in effecting currency transactions, including exchange of information on transactions carried out in violation of the currency legislation of the state signatories to the Agreement.

Government decision

To approve the draft federal law On the Ratification of the Treaty on the Interaction Between Authorised Agencies of the Member States of the Agreement on Common Principles of Currency Policy of December 9, 2010 Engaged in Currency Control and submit it to the State Duma according to standard procedure

4. Draft federal law On Introducing Amendments to Article 7 of the Federal law On Additional Guarantees of Social Protection for Judges and Law Court Staff in the Russian Federation

The wording of Article 7 of the federal law proposed by the draft maintains the current level of social guarantees for judges, by including in record of litigation service any periods of previous employment in other positions which require higher legal education, but the period of work as a judge in any case should be not less than 10 years.

The draft includes provisions that offer an alternative choice of legislation regulating the procedure for calculating the length of service as a judge in determining the right to retire, to draw monthly lifelong allow ances and severance pay.

Government decision

To approve the draft federal law On Introducing Amendments to Article 7 of the Federal Law On Additional Guarantees of Social Protection for Judges and Law Court Staff in the Russian Federation and submit it to the State Duma according to standard procedure.

5. Draft federal law On Introducing Amendments to the law of the Russian Federation On Employment in the Russian Federation and Other Legislative Acts of the Russian Federation

The draft law would establish:

-         administrative responsibility of employers for publicising information about job vacancies containing discriminatory restrictions due to circumstances unconnected with the workers’ competence;

-         the right of executive bodies of constituent entities of the Russian Federation to organise professional training, retraining and upgrading of qualifications of unemployed citizens wishing to return to work who have been granted old-age retirement  pensions under the law;

-         the right of the executive bodies of the constituent entities of the Russian Federation to develop and implement measures to create conditions for unemployed parents with many children and parents bringing up disabled children to combine the duties of bringing up children and working;

-         the right of citizens who have done their compulsory military service to priority professional training, retraining and upgrading of qualifications within three years after being discharged from military service.

For these purposes the draft law would introduce amendments to the law of the Russian Federation On Employment in the Russian Federation, the Code on Administrative Offences and Federal Law No. 361-FZ of November 30, 2011 On Introducing Amendments to Certain Legislative Acts of the Russian Federation.

Government decision

To approve the Draft Federal Law On Introducing Amendments to the Law of the Russian Federation On Employment in the Russian Federation and Other Legislative Acts of the Russian Federation and submit it to the State Duma according to standard procedure.

6. Draft federal law On Introducing an Amendment to Article 17 of the law of the Russian Federation On the Social Protection of Citizens Exposed to Radiation as a Result of the Chernobyl Nuclear Power Plant Disaster

The law of the Russian Federation On the Social Protection of Citizens Exposed to Radiation as a Result of the Chernobyl Nuclear Power Plant Disaster specifies compensation for material damages due to the loss of property as a result of the Chernobyl nuclear power plant disaster for citizens evacuated from the area and relocated (being relocated) from the danger zone, as well as citizens who have voluntarily moved to a new place of residence from the zone whose inhabitants are entitled to be relocated.

The current practice of enforcing that provision of the law does not rule out abuse by citizens of the right to compensation of material damage, in particular, the construction of new housing, purchase of housing on contaminated territories with the aim of subsequently handing it in and obtaining compensation, or obtaining compensation more than once.

The draft law would determine the new period of existence of the structures whose cost is included in the compensation of material damage, grounds for obtaining property in the evacuation and relocation zones, compensation for which is paid to citizens irrespective of their permanent place of residence, rule out the possibility of repeat payments of compensation for property for which compensation has already been paid and set caps on the price for one square metre of lost residential space.

Government decision

To approve the Draft Federal Law On Introducing an Amendment to Article 17 of the Law of the Russian Federation on the Social Protection of Citizens Exposed to Radiation as a Result of the Chernobyl Nuclear Power Plant Disaster and submit it to the State Duma according to standard procedure.

7. Draft federal law On Introducing Amendments to the Civil Procedure Code of the Russian Federation

(concerning the regulation of the procedure for consideration by the appellate court of a private complaint, representation by the prosecutor regarding the ruling of the trial court)

The draft law proposes introducing amendments to Articles 2445, 2446, 24410 and 333 of the Civil Procedure Code aimed at improving the procedure for processing a private complaint, representation by the prosecutor regarding the trial court ruling and provision of additional procedural guarantees of the rights of individuals involved in the case.

In accordance with the proposed amendments the trial court shall invariably inform the persons involved in the case of the fact that a private complaint or a representation by the prosecutor concerning the trial court ruling has been filed, by sending them copies of the private complaint, the prosecutor’s recommendation and attached documents.

The draft law would expand the list of trial court rulings whose legality and validity is subject to verification by the appellate court with mandatory notification of the persons involved in the case of the time and place of the consideration of the private complaint and the prosecutor’s recommendation.

Under the draft law the persons involved in the case shall also be notified if the court ruling being challenged has been handed down by the trial court in a court hearing with notification of the persons involved in the case and the appellate court, in accordance with part 5, Article 330 of the Civil Procedure Code, has passed a decision on the consideration of the private complaint and the prosecutor’s recommendations concerning the rules of trial court process. In addition, the draft law specifies the right of the appellate court, regardless of the type of the ruling being challenged, taking into account the character and complexity of the procedural issue, to subpoena the persons involved in the case to a court hearing by notifying them of the time and place where the private complaint or prosecutor’s recommendation is to be considered.

Government decision

To approve the draft federal law On Introducing Amendments to the Civil Procedure Code of the Russian Federation and submit it to the State Duma according to standard procedure.

8. Draft federal law On Introducing Amendments to Article 5 of the Federal Law On the Prosecutor’s Office of the Russian Federation

The draft federal law would introduce a new provision to the federal law On the Prosecutor’s Office of the Russian Federation which states that a citizen be made aware of the materials of verification by a decision of the prosecutor who is supervising the legal process involving the corresponding materials or a superior prosecutor, which has been adopted as a result of the consideration of a citizen’s complaints if the materials directly affect the applicant’s rights and freedoms.

The draft law determines the grounds for denying a citizen access to the materials of the verification or individual documents contained in such materials. Such grounds are the presence in the materials or documents of information constituting state or other secrets protected by the law.

The decision to deny access to the materials or the documents contained therein to a citizen may be appealed against with a superior prosecutor and (or) a law court.  

Government decision

To approve the draft federal law On Introducing Amendments to Article 5 of the federal law On the Prosecutor’s Office of the Russian Federation and submit it to the State Duma according to standard procedure.

9. Draft federal law On Introducing Amendments to Article 20 of the Law of the Russian Federation on the Status of Judges of the Russian Federation and the Federal Law On Guarantees of Pension Provisions for Certain Categories of Citizens

The draft law would introduce into the law of the Russian Federation On the Status of Judges in the Russian Federation amendments that provide for the payment of compensation to incapacitated members of the family of a deceased judge who were the judge’s dependents, even if there is no link between the judge’s death and his/her performing official duties. Under the draft law, compensation shall be paid to the members of the judge’s family in amounts that depend on whether the death occurred in the line of duty, the size of the judge’s salary or monthly lifelong allowance, the number of years the deceased worked as a judge and the number of dependents.

In addition, the draft law would introduce amendments to the federal law On Guarantees of Pension Provisions for Certain Categories of Citizens. The above amendments would transform the pension rights of deceased citizens from amongst judges who died due to causes unconnected with performing their official duties, acquired during periods when they were not entitled to mandatory pension insurance, into calculated pension capital.

Government decision

To approve the draft federal law On Introducing Amendments to Article 20 of the aw of the Russian Federation On the Status of Judges of the Russian Federation and the federal law On Guarantees of Pension Provisions for Certain Categories of Citizens and submit it to the State Duma according to established procedure.

10. Draft federal law On Introducing Amendments to Article 8.2 of the Code of the Russian Federation on Administrative Offences and the federal law On Environmental Protection to ensure compliance with the Russian Federation’s obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer to the Vienna Convention for the Protection of the Ozone Layer

The draft law establishes regulations of the mechanisms envisaged by the international treaties that ensure:

-         collection and processing of reliable information on the level of production and use of ozone-depleting substances and products containing such substances in industrial and domestic areas, on the need for such substances in ozone-dependent sectors of the economy;

-         the distribution of allowable amounts of production and consumption of ozone-depleting substances between the producers and consumers to ensure sustainable economic development under conditions of reduced permitted volumes and ensuring uninterrupted functioning of such production facilities that ensure the country’s defence and protection of public health;

-         an end to the production and consumption of ozone-depleting substances and products containing them, an end to the building of new production capacity, the elimination or conversion of existing production capacity to use ozone-friendly technologies, the transition to the creation of ozone-friendly production capacity and application of ozone-friendly technologies and products;

-         the safe extraction and destruction of ozone-depleting substances that cannot be restored or recycled,

-         maximum extraction of ozone-depleting substances from products that contain them and the recycling of them to meet the needs of ozone-dependent sectors of the economy in the period when the use of such substances is banned;

-         state environmental monitoring of compliance with the requirements of the production and consumption of ozone-depleting substances and products containing them.

Government decision

To approve the federal law On Introducing Amendments to Article 8.2 of the Code of the Russian Federation on Administrative Offences and the Federal Law On Environmental Protection to ensure compliance with the Russian Federation’s obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer to the Vienna Convention for the Protection of the Ozone Layer and submit it to the State Duma according to standard procedure.

11. The distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation to finance the expenditure commitments of the constituent entities of the Russian Federation arising from supplying hi-tech medical assistance to the citizens of the Russian Federation

The draft law approves the allocation in 2013 of subsidies from the federal budget to the budgets of 62 constituent entities of the Russian Federation to finance the expenditure commitments of the constituent entities of the Russian Federation for supplying hi-tech medical assistance to the citizens of the Russian Federation.

The federal budget is earmarking 5.5 billion roubles for these purposes in 2013 (5.0 billion roubles in 2012).

Government decision

To adopt the draft directive of the Government of the Russian Federation on the above issue.

12. The distribution of subsidies granted in 2013 out of the federal budget to the budgets of the constituent entities of the Russian Federation to support the economic and social development of indigenous minorities of the North, Siberia and the Far East of the Russian Federation

The federal budget for 2013 is allocating a subsidy in the amount of 240 million roubles to support the economic and social development of the indigenous minorities of the North, Siberia and the Far East.

The subsidies shall be made available to the budgets of the constituent entities of the Russian Federation inhabited by indigenous minority peoples who lead a traditional way of life and are engaged in traditional industries, to finance the following activities:

-         the creation of conditions for the sustainable development of the economies of traditional industries of indigenous minorities;

-         the development of education, culture and healthcare of indigenous minorities, including ethnic cultural events;

-         the development and modernisation of the infrastructure and information and communications resources in places inhabited by indigenous  minoritiesfurther .

The above subsidies shall be distributed among 28 constituent entities of the Russian Federation inhabited by indigenous  minorities.

Government decision

To adopt the draft directive of the Government of the Russian Federation on the above issue.

13. The distribution in 2013 of other inter-budgetary transfers from the federal budget to the budgets of the constituent entities of the Russian Federation to pay the stipends of the President of the Russian Federation and the Government of the Russian Federation to undergraduate and postgraduate students studying under educational programmes that correspond to the priorities of the modernisation and technological development of the Russian economy

The Ministry of Science and Industry has submitted the following draft Government directives:

-         on the distribution in 2013 of other interbudgetary transfers from the federal budget to the budgets of the constituent entities of the Russian Federation for the payment of the Presidential Stipend to full-time undergraduate and postgraduate students at higher and further professional education institutions and research organisations under the jurisdiction of the constituent entities of the Russian Federation as well as municipal higher and additional professional education institutions and research organisations  who are studying in areas (specialities) that correspond to priority areas of the modernisation and technological development of the Russian economy under state-accredited educational programmes granted for 8 calendar months as of January 1 of the current fiscal year among the budgets of the constituent entities of the Russian Federation;

-         on the distribution in 2013 of other inter-budgetary transfers from the federal budget to the budgets of the constituent entities of the Russian Federation for the payment of Government Stipends to full-time undergraduate and postgraduate students of higher professional education institutions, further professional education institutions and research organisations who are studying under state-accredited education programmes of higher professional and postgraduate professional education corresponding to the priority areas of modernisation and technological development of the Russian economy, at professional education institutions and research organisations under the jurisdiction of the executive bodies of the constituent entities of the Russian Federation and at municipal professional education institutions and research organisations granted for 8 calendar months as of January 1 of the current fiscal year among the budgets of the constituent entities of the Russian Federation.

The draft directives propose to distribute:

-         224,000 roubles to the budgets of the Moscow Region and Moscow to pay Presidential Stipends to four students of higher professional education institutions;

-         320,000 roubles to the budgets of the Republic of Tatarstan, the Moscow Region and the Khanty-Mansi Autonomous Area-Yugra to pay Government stipends to four undergraduate and one postgraduate student of higher and further professional education institutions.

-         These stipends are to be paid in two stages (from January 1 until August 31 and from September 1 until December 31).

Government decision

1. To adopt the draft directive of the Government of the Russian Federation on the distribution in 2013 of other inter-budgetary transfers from the federal budget to the budgets of the constituent entities of the Russian Federation to pay the stipends of the President of the Russian Federation and the Government of the Russian Federation to full-time undergraduate and postgraduate students who are studying at higher and further professional education institutions and research organisations under the jurisdiction of the constituent entities of the Russian Federation as well as municipal higher and further professional education and research organisations in areas (specialities) corresponding to the priorities of modernisation and technological development of the Russian economy under state-accredited programmes granted for 8 calendar months as of January 1 of the current fiscal year.

2.To adopt the draft directive of the Government of the Russian Federation on the distribution in 2013 of other interbudgetary transfers from the federal budget to the budgets of the constituent entities of the Russian Federation to pay Government stipends to full-time undergraduate and postgraduate students of higher professional education institutions and further professional education institutions and research organisations under state-accredited higher professional and postgraduate professional education programmes corresponding to the priority areas of modernisation and technological development of the economy of the Russian Federation at professional education institutions and research organisations under the jurisdiction of the executive bodies of the constituent entities of the Russian Federation and municipal professional education institutions and research organisations granted for 8 calendar months as of from January 1 of the current fiscal year.

14. Recognising null and void subclause 5.3.13 of the Statute on the Federal Subsoil Resources Management Agency

The draft resolution would declare null and void the provision on the powers of Rosnedra to consider and approve project and technical documentation for the development of deposits of subsoil resources (Clause 5.3.13 of the Statute on the Federal Agency for the Use of Subsoil Resources).

Under the new version of the law of the Russian Federation on Subsoil Resources, technical projects and amendments introduced to them, before they are approved, are to be agreed with the commission created by the federal body for the management of the state subsoil resources. The Government resolution envisages this norm and entrusts Rosnedra with the powers to create such a commission. In this connection the draft resolution proposes annulling clause 5.3.13 of the Statute on the Federal Subsoil Resources Management Agency as it is contrary to the relevant legislation on subsoil resources.

Government decision

To adopt the draft resolution of the Government of the Russian Federation on the above issue.

15. Introducing amendments to certain acts of the Government of the Russian Federation

(concerning the Statute on the Federal Tariff Service approved by Resolution No.332 of the Government of the Russian Federation of June 30, 2004)

The draft resolution would introduce amendments to the list of production and technical products, consumer goods and services for which the prices (tariffs) in the internal market of the Russian Federation are regulated by the Government and the federal executive bodies approved by Government resolution On Measures to Streamline State Regulation of Prices (Tariffs) as well as the Statute on the Federal Tariff Service. The said amendments to the above acts of the Government introduce new names for the regulated services, i.e. the words “the services of the icebreaker fleet along the Northern Sea Route” are replaced with the words “icebreaker guidance of ships, icebreaker navigation guidance of ships along the Northern Sea Route.”

Government decision

To adopt the draft resolution of the Government of the Russian Federation on the above issue.

16. Introducing amendments to the Statute on the Ministry of Agriculture of the Russian Federation

The draft resolution would introduce amendments to the Statute on the Ministry of Agriculture of the Russian Federation that would vest the Ministry with the powers to:

-         develop state policy, normative and legal regulation and delivery of state services in the field of safe handling of pesticides and agricultural chemicals;

-         adopt normative legal acts to establish the procedure for state registration of pesticides and agricultural chemicals and the form of the certificate for state registration of a pesticide and (or) agricultural chemical;

-         organise expert evaluations of the rules for the use of pesticides and agricultural chemicals;

-         grant state registration of pesticides and agricultural chemicals;

Government decision

To adopt the draft resolution of the Government of the Russian Federation on the above issue.

17. Paying contributions of the Russian Federation to the Fund for the Elimination of Doping in Sport and to the budget of the World Anti-Doping Agency

The draft resolution would instruct the Ministry of Sport to pay annual contributions to the Fund for the Elimination of Doping in Sport (200,000 euros) and the annual additional voluntary contribution to the budget of the World Anti-Doping Agency (300,000 euros) beginning from 2013 as well as, in cooperation with the Ministry of Finance, to provide budget allocations for the payment of the said contributions in designing the draft federal budget for the next fiscal year and planning period.

Government decision

To adopt the draft resolution of the Government of the Russian Federation on the above issue.

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