15 december 2008

Background material for the December 15, 2008 Government Presidium meeting

The following issues are scheduled for discussion at the Government Presidium meeting on December 15, 2008:

1. Implementation of the Federal Targeted Programmes (FTP) and the Federal Addressed Investment Programme (FAIP) during the nine months of 2008

I. Results of the implementation of the Federal Targeted Programme (FTP) in the first nine months of 2008

In the first nine months of 2008, according to the data from state contractors, state orders for the implementation of planned activities (including previous years' contracts) were fulfilled in the amount of 603.6 billion roubles, or 83.9% of the annual budget allocations. Since the beginning of 2008, contracts have been signed in the amount of 396.2 billion roubles, or 55.1% of annual allocations (65.7% of the total value of the contracts signed).

During the period under review, there were 3,611 long-term carry-over contracts from previous years and 16,158 contracts signed since the beginning of 2008, including 603 agreements with constituent entities of the Russian Federation for providing subsidies to state-owned objects of capital investment in the amount of 96.4 billion roubles, or 13.4% of annual allocations.

Contracts have been concluded in full for the fulfilment of the planned activities of the Defence Ministry under the programme Improvement of the Federal System of the Reconnaissance and Control of Airspace of the Russian Federation in 2007-2010. Contracts have been concluded by government customers for the fulfilment of planned activities in the amount of 90% to 100% of annual budget allocations under 16 programmes, from 75% to 90% under 11 programmes, and from 50% to 75% under 13 programmes.

At the expense of the federal budget, 376.5 billion roubles (52.4% of the specified volume of financing planned for 2008) have been used for the financing of the federal targeted programmes.

A high level of financing has been achieved in the fulfilment of the Federal Space Programme (81,6%), and also the Global Navigation System programme (77,6%) and the Social Development of the Countryside programme (65%).

At the same time, the financing of some programmes has remained low. Three programmes have not been financed for some or other reasons during nine months of 2008. The actual attraction by the government customers of co-financing for 38 programmes during the nine months of 2008 has reached 501.9 billion roubles, or 47.3% of the annual planned budget, including 194.8 billion roubles from regional and local budgets (60.1%) and 307.1 billion roubles from non-budgetary sources (41.6%).

Extra funds have been attracted within the federal targeted programme for the Development of Education (112.4%) and the programme for the Preservation of Soil and Agricultural Landscapes as the National Heritage of Russia (106.3%).

A high level of co-financing has been achieved for the programmes of Social Development of the Countryside (83.3%) and Socioeconomic Development of the Indigenous and Minority Peoples of the North (70.3%).

At the same time, co-financing for the fulfilment of four programmes has not been completely ensured during the period under review.

According to the Ministry of Economic Development, in the first nine months of 2008, least efficient was the fulfilment of four federal targeted programmes: Electronic Russia (2002-2010), Development of the Infrastructure for the Nano-industry in the Russian Federation in 2008-2010, Socioeconomic Development of the Chechen Republic in 2008-2011, and Development of Civil Aviation in 2002-2010 and until 2015.

The Ministry of Economic Development also reports that despite the repeated instruction of the Government, some federal executive bodies have not ensured timely preparation of draft decisions of the Government to correct the programmes in connection with the change in the system and structure of the federal executive bodies, parameters of the financing of the federal targeted programmes in 2008, the procedure of providing subsidies from the federal budget for co-financing of capital construction objects.

Moreover, on the whole, the use of funds allocated for R&D has not been efficient enough.

II. Implementation of the Federal Addressed Investment Programme (FAIP) in the first nine months of 2008.

During the period under review, financing of construction within the FAIP (excluding the state defence order), has amounted to 196.2 billion roubles, which is 47.8 % of the total volume of budget investments allocated for the FAIP in 2008, including 142.4 billion roubles for the programme part (52.9%), and 53.8 billion roubles for the part outside the programme (38.2%).

Moreover, according to those responsible for the budget funds, financing from the budgets of the constituent entities of the Russian Federation and off-budget sources has amounted to 10.1 billion roubles, including 1.1 billion roubles for the programme part, and 9 billion roubles for the part outside the programme.

Fulfilment of the part outside the FAIP:

Financing of the social package in the first nine months of 2008, amounts to 45.5 billion roubles, or 40.7% of the budget allocations planned for the year, including housing construction - 52.8%, central organisations - 46.8%, science - 46.3%, healthcare - 29.1%, education - 27.2%, and culture - 19.3%.

Financing of the production complex has been slightly below average and in the first nine months of 2008 has amounted to 6.6 billion roubles, or 29.6% of the annual limit of state capital investments, including: agricultural complex - 39.2%, fuel and energy complex - 55.4%, geology and sub-soil prospecting - 93.9%, river transport - 62.4%, air transport - 5.6%, communication - 19.4%.

The financing of the special complex has amounted to 1.7 billion roubles, or 26.1% of the annual limit of the state capital investments.

On the whole, according to the list of construction sites and facilities, 2,240 constructions and facilities are being financed in 2008, of which 873 are planned to be launched in 2008, including 739 constructions and facilities outside the programme (263 to be launched), and 1,501 constructions and facilities within the programme (610 to be launched).

According to Rosstat (Federal Service for State Statistics), in the nine months of 2008, 79 projects have been launched to their full capacity and six partly. In addition, six projects that were planned for the future have been launched.

Other constructions sites that must be launched in the current year, according to the reports of those responsible for allocations from the budget, are planned to be finished by the end of the year.

The Ministry of Economic Development notes some problems that might complicate the fulfilment of the budget investments into capital construction projects planned to be financed in 2009.

This primarily applies to delays in the adoption of normative acts on the beginning of construction.

There are also problems in the implementation of the Action Plan aimed at the improvement of the situation in the financial sector and some sectors of the economy, the tenders for the state contracts for 2009-2010 announced in December 2008. Another pending issue is the increase of the set advance payment for works (services) within the FTP.

2. Federal draft law On Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Crossing the Russian-Kazakh State Border by the Residents of the Areas Adjacent to the Border in the Russian Federation and the Republic of Kazakhstan

An Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Crossing the Russian-Kazakh State Border by the Residents of the Areas Adjacent to the Border in the Russian Federation and the Republic of Kazakhstan was prepared considering the mutual interest of the Russian Federation and the Republic of Kazakhstan to preserve contacts between their citizens inhabiting the territories adjacent to the border.

The Agreement stipulates that this category of citizens may cross the Russian-Kazakh border by showing identity cards listed in Appendix No.3 to the Agreement, not only at checkpoints, but also at border crossings, which simplifies the passport control and customs formalities. Moreover, according to this Agreement, it is not required to fill in migration cards for crossing the Russian-Kazakh state border.

The Agreement contains rules that are different from those of the Russian legislation, and based on point A of paragraph 1, Article 15 of the Federal Law On the International Treaties of the Russian Federation, is subject to ratification. The implementation of the Agreement will not require additional expenses from the Federal budget.

3. Federal draft law On Providing Security at Specialised Mental Hospitals (inpatient) with Intensive Supervision

Specialised inpatient mental hospitals with intensive supervision under the Ministry of Healthcare and Social Development are designed to provide compulsory treatment by court decision to persons who have committed particularly grave crimes, but who are exempt from criminal liability or punishment due to mental illness.

In pursuance of instruction No. Pr-298 by the President of the Russian Federation of February 23, 2006 and Decree No. 656 by the President of the Russian Federation of April 30, 2008 On Providing Security at Specialised Mental Hospitals (inpatient) with Intensive Supervision under the Federal Agency for Healthcare and Social Development, in order to legally solve the problem of ensuring the safety and security of the indicated institutions, a federal law has been drafted On Providing Security at Specialised Mental Hospitals (inpatient) with Intensive Supervision.

According to the Decree of the President of the Russian Federation, providing security at those institutions is the responsibility of the penitentiary system. Currently, such security is provided in eight institutions in the Russian Federation.

The draft law envisages the establishment of a legal basis for providing security of specialised inpatient mental hospitals with intensive treatment by the penal system, ensuring the safety of people on their territory, escort and protection of the people for whom compulsory treatment in these hospitals has been prescribed.

The implementation of the draft law will allow these institutions to preserve their well-trained experienced staff out of the currently active units of the penal system.

4. Federal draft law On Ratification of the Singapore Treaty on the Law on Trademarks

The Singapore Treaty on the Law on Trademarks, adopted by the Diplomatic Conference on March 27, 2006 in the city of Singapore, was signed by the Russian Federation on March 26, 2007 in pursuance of Executive Order No. 352-r of the Government of the Russian Federation of March 24, 2007.

In addition to the Treaty itself, the Instruction of the Diplomatic Conference was adopted, which is an integral part of the Treaty.

Currently the Treaty has been signed by 54 countries.

The Treaty is aimed at the harmonisation of national systems of legislation on administrative procedures regarding trademarks. The Treaty envisages additional benefits for the applicants and trademark owners that were not stipulated by the Treaty on Laws on Trademarks (TLT of 1994), which was signed by the Russian Federation on May 11, 1998.

On the basis of point A of paragraph 1, Article 15 of Federal Law No. 101-FZ of July 15, 1995 On International Treaties of the Russian Federation, the Treaty is subject to ratification, because its provisions contain rules that differ from those in part 4 of the Civil Code of the Russian Federation.

Namely, paragraph З © of rule 9 of the Instruction to the Treaty, which envisages a 6-month period for restoration of the missed period during the procedures in the national department for registration of trademarks, whereas in the Russian legislation this period is 2 months, according to Article 1501of the Civil Code of the Russian Federation.

In the future, these differences will be removed and Article 1501 of the Civil Code of the Russian Federation will be revised. The implementation of the Treaty's provisions applies to 1994 TLT and the Treaty members.

However, the Treaty also envisages that the contracting party to the both treaties, in relations with other countries parties to 1994 TLT alone, shall apply the provisions of the 1994 TLT.

Thus, Russia's participation in the Treaty will ensure equal rights both for Russian applicants registering trademarks abroad and for foreign applicants registering trademarks in the Russian Federation.

Russia's membership of the Treaty will entail no extra allocations from the federal budget.

5. Introducing amendments to Government regulations due to the entry into force of the new edition of Article 23 of the Federal law On the Protection of Competition

The draft proposes amendments to Resolution No. 896 of the Government of the Russian Federation of December 19, 2007 On the Approval of Regulations for the Establishment and Maintenance of Register of the Economic Entities that Have a Share of Over 35% of some Commodity in the Market, and Resolution No. 331 of the Government of the Russian Federation of June 30, 2004 On the Approval of the Provision on the Federal Antimonopoly Service for bringing the aforesaid resolutions in conformity with Federal Law No. 135-FZ of July 27, 2006 On the Protection of Competition.

The draft contains no norms that are not envisaged by the law of the Russian Federation. The approval of the aforesaid draft resolution will require no amendments to other regulatory acts of the Russian Federation.
No extra allocations from the federal budget will be required either.

6. Introducing amendments to the Regulations on the Federal Service for Labour and Employment

As part of implementation of the provisions of Articles 354 and 356 of the Labour Code of the Russian Federation, the Ministry of Healthcare and Social Development submitted a draft decree of the Government of the Russian Federation On Introducing Amendments to the Regulations on the Federal Service for Labour and Employment (Rostrud).

Note: Federal Law No. 157-FZ of July 22, 2008 On Amendments to the Labour Code of the Russian Federation and Article 263 of the Federal Law On the General Principles of the Organisation of Legislative (Representative) and Executive Bodies of State Authority of Constituent Entities of the Russian Federation envisages that the Federal Labour Inspectorate should supervise and monitor the implementation of the rights of employees for acquisition of compulsory industrial accident and occupational disease insurance, as well as assignment, calculation and payment of temporary disability benefits from the employer's funds.

The draft envisages introducing amendments to the Regulations on the Federal Service for Labour and Employment, vesting it with the authority to supervise and monitor the implementation of the rights of employees for acquisition of compulsory industrial accident and occupational disease insurance, as well as assignment, calculation and payment of temporary disability benefits from the employer's funds.

In accordance with Article 354 of the Labour Code of the Russian Federation and item 1of Resolution of the Government of the Russian Federation No. 156 of April 6, 2004 the draft envisages supplementing the Regulations on the Federal Service for Labour and Employment with the provision that the head of Rostrud is the chief state inspector for labour in the Russian Federation.

The draft has been coordinated with the Ministry of Finance, the Ministry of Economic Development, and the Ministry of Justice.

According to the established procedure, the draft has been thoroughly analysed by the Government Staff, considered and approved on December 9, 2008 at the meeting of the Governmental Commission for the Administrative Reform.
The issue of making amendments to the Provision on the Federal Service of Labour and Employment, according to the norms of Article 28 of the Federal Constitutional Law No. 2-FKZ of December 17, 1997 On the Government of the Russian Federation, pertains to those issues the decisions on which shall be made exclusively at the meetings of the Governments of the Russian Federation.

7. Establishment of the Government Council on the Development of the Russian Film Industry

It has been proposed that the Government Council on the Development of the Russian Film Industry should be established as per directive of the Prime Minister, following the conference On the Development of the Russian Film Industry in St Petersburg (minutes for October 7, 2008. No. VP-P44-22PR /item 4/).

The Council is to ensure effective interaction between the federal bodies of executive authority, creative professionals, and businessmen on the issues of the development of film industry.

A draft executive decree of the Government of the Russian Federation on this issue envisages establishing the Government Council on the Development of the Russian Film Industry and approving its Statute.

The Council will be headed by the Prime Minister.

According to the Statute, the main objectives of the Council will be consideration and preparation of proposals to ensure greater effectiveness of the state support to the production, distribution and screening of domestic films, as well as management of federal property in the field of cinematography, assistance in the promotion and distribution of Russian films abroad, development of education and science and introduction of innovative technologies in the field of cinematography, and drafting protectionist measures in relation to the Russian film market.

The organisational and technical support of the Council will be vested in the Government Staff of the Russian Federation.

The approval of the draft decree will not entail any amendments to the acts of the Government of the Russian Federation, and nor will it require extra allocations from the federal budget.

8. Approval of the composition of the organising committee and the plan of main measures for the preparation and holding of the Year of the Youth in the Russian Federation in 2009

The draft executive order of the Government of the Russian Federation has been prepared by the Ministry of Sport and Tourism in execution of the Decree of the President of the Russian Federation On Holding the Year of the Youth in the Russian Federation.

The draft envisages approval of the composition of the organising committee and a plan of measures for the preparation and holding of the Year of the Youth in Russia in 2009.

The plan of main measures for the preparation and holding of the Year of the Youth in the Russian Federation envisages nationwide events, as well as events held in constituent entities of the Russian Federation and by non-governmental organisations.

The events will be funded from the federal budget for 2009 according to the targeted article Organisational and Educational Work with the Youth, as well as from the budgets of constituent entities of the Russian Federation and non-budgetary sources. No additional financing will be required.

December 12, 2008.
Moscow

* Press releases by the Department of Press Service and Information contain the materials submitted by the executive federal bodies for discussion by the Presidium of the Government of the Russian Federation.