12 january 2009

Background material for the Government presidium meeting on January 12, 2009

The following issues are scheduled for discussion at the meeting of the Government Presidium on January 12, 2009:

1. The draft federal law On Ratifying the Protocol between the Government of the Russian Federation and the Government of the Republic of Kazakhstan On Introducing Amendments to the Lease Contract of the Baikonur Space Centre between the Government of the Russian Federation and the Government of the Republic of Kazakhstan, dated December 10, 1994

Under the joint action plan of Russia and Kazakhstan for 2007-2008, adopted by the Presidents of the Russian Federation and the Republic of Kazakhstan on May 10, 2007 in Astana, the Ministries of Justice of the Russian Federation and the Republic of Kazakhstan have been instructed to prepare for signing the Protocol On Introducing Amendments and Additions to the Lease Contract of Baikonur Space Centre, hereinafter referred to as Baikonur, between the Government of the Russian Federation and the Government of the Republic of Kazakhstan, dated December 10, 1994 with a view to securing the constitutional rights and freedoms of citizens.

In this context, the Ministry of Justice of the Russian Federation, together with the Foreign Ministry of the Russian Federation, the Interior Ministry of the Russian Federation, the Defence Ministry of the Russian Federation, the Federal Security Service (FSB) of the Russian Federation, the Federal Space Agency Roskosmos of the Russian Federation, the Supreme Court of the Russian Federation, the Prosecutor General's Office of the Russian Federation and the administration of the city of Baikonur prepared a draft Protocol On Introducing Amendments and Additions to the Lease Contract of Baikonur between the Government of the Russian Federation and the Government of the Republic of Kazakhstan, dated December 10, 1994.

The Protocol was signed by the Justice Ministers of the Russian Federation and Kazakhstan on February 20, 2008 at the 10th meeting of the Council of Justice Ministers at the Integration Committee of the Eurasian Economic Community (EurAsEC).

The protocol will introduce changes in the second and third paragraphs of clause 6.12 of Article 6 of the Treaty.

Under the protocol, in the event of unlawful conduct against the Russian Federation and its citizens, commission of military crimes and other transgressions while in line of duty outside Baikonur on the territory of the Republic of Kazakhstan, the citizens of the Russian Federation from among the employees of the space centre, law-enforcement bodies and bodies of state authority working at Baikonur, and also other citizens of the Russian Federation that are family members of the afore-mentioned citizens, shall fall under the jurisdiction of the Russian Federation. All other cases will fall under the jurisdiction of the Republic of Kazakhstan.

Paragraph 3 of clause 6.12 of the Treaty shall be revised to bring the Treaty into line with

• The Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Cooperation of their Law Enforcement Bodies in Ensuring Law and Order on the Territory of Baikonur, dated October 4, 1997, under the October 3, 2006 Protocol on Amending and Supplementing The Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Cooperation of their Law Enforcement Bodies in Ensuring Law and Order on the Territory of Baikonur.
• The Protocol shall not contain any rules except those stipulated by Russian legislation.

The subject of the Protocol shall be the main human rights and freedoms, in particular, those concerning guarantees on the state protection of rights and freedoms of citizens, and also the right of the citizens of the Russian Federation to state protection and guardianship beyond its borders (Article 1).

In this context, the Protocol shall be subject to ratification on the basis of item "b" of Clause 1 of Article 15 of the Federal Law on International Treaties of the Russian Federation.

Implementation of the Protocol shall not require any additional funds from the federal budget.

2. The draft federal law On Introducing Amendment to Article 8 of the Federal Law On the Status of the Science Town in the Russian Federation

In line with their status, the science towns of the Russian Federation shall receive funding from the federal budget to develop their own public infrastructure, including social, engineering and innovation facilities.

Article 8 of the Federal Law No.70-FZ dated April 7, 1999 on the Status of the Science Town in the Russian Federation provides for the transfer of these funds from the budget in the form of subventions.

Under the Federal Law No.63-FZ dated April 26, 2007 On Introducing Amendments to the Budget Code of the Russian Federation in Regulating the Budget Process and Bringing Individual Legislative Acts of the Russian Federation in Line with the Budget Legislation, the state support shall be given in the form of intra-budgetary transfers. The goals and terms of granting and spending such intra-budgetary transfers shall be established by the federal laws and (or) by the legal standards adopted by the Government of the Russian Federation.

The draft law shall be aimed at removing the contradiction of Article 8 of the federal law No.70-FZ dated April 7, 1999 On the Status of the Science Town in the Russian Federation to the Budget Code of the Russian Federation. Under the law, intra-budgetary transfers from the federal budget are sent to the budgets of the regions of the Russian Federation to finance the spending involved in the performance of the local bodies of self-government; subsequently, these transfers are sent to the budgets of the science towns of the Russian Federation. The order of making the intra-budgetary transfers shall be determined by the Government of the Russian Federation.

3. Issues linked with the introduction of the Registry of Sea Ports in the Russian Federation

In line with Article 9 of the federal law On Sea Ports in the Russian Federation and On Introducing Amendments to Individual Legislative Acts of the Russian Federation, the Transport Ministry of the Russian Federation has submitted a draft resolution of the Government of the Russian Federation On the Order of Maintaining the Registry of the Sea Ports in the Russian Federation.

In line with part 1 of Article 9 of the federal law, sea ports shall be subject to state registration in the Registry of the Sea Ports in the Russian Federation. In line with part 2 of the said article, starting January 1, 2009 (in conformity with Article 129 of the federal law No.160-FZ dated July 23, 2008 On Introducing Amendments to Individual Legislative Acts of the Russian Federation to Improve the Fulfillment of Responsibilities of the Government of the Russian Federation), the maintenance of the Registry shall be carried out in the order established by the federal body of executive power that shall be authorised by the Government of the Russian Federation.

Resolution of the Government of the Russian Federation No.1052, dated December 29, 2008, On Introducing Amendments to Individual Legislative Acts of the Russian Federation has authorised the Transport Ministry to issue a legal norm to determine the order of maintaining the Registry of the Sea Ports of the Russian Federation.

The submitted draft resolution proposes that the Federal Agency of the Sea and River Transport should be authorised to maintain the Registry of the Sea Ports of the Russian Federation. With this aim in view, it is proposed that a relevant amendment should be introduced into the Provisions on the Federal Agency of the Sea and River Transport, endorsed by resolution of the Government of the Russian Federation No.371, dated July 23, 2004.

In addition, item two of the draft resolution has authorised the Transport Ministry of Russia to draft and approve the order of the maintenance of the Registry of the Sea Ports in the Russian Federation in the next three months.

4. Draft plan of the meetings of the Government of the Russian Federation, and the Presidium of the Government of the Russian Federation for January-June 2009

January 11, 2009
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.