The Presidium of the Russian Federation Government at its meeting on April 23, 2009, will consider the following issues:
1. Draft Climate Doctrine
To implement a unified state policy with respect to climate change, the Ministry of Natural Resources and Environmental Protection has submitted a draft climate doctrine (hereinafter referred to as the Doctrine)
The Doctrine's scientific substantiation is based on the evaluation of research results conducted in Russia and abroad on climate change in various regions of the Earth and the impact of these changes on various sectors of the economy, population, and environment.
The strategic objective of the Russian Federation policy regarding the environment is to ensure the country's security and sustainable development, including the institutional, economic, ecological, and social (including demographic) aspects of development in the context of climate change and the emergence of respective threats and challenges.
The main objectives of the Russian Federation climate policy are the following:
Due to global climate change, Russia, in view of its geographic position, vast territory, variety of climatic conditions, economic structure, demographic problems, and geopolitical interests, will be faced with a new situation, requiring a proactive formulation by the Government on a comprehensive, thoughtful approach regarding climate issues and related problems, based on a comprehensive scientific analysis of all factors - ecological, economic, social, and political.
The Doctrine indicates that among other things the climate policy should take into account the remote effect of the climatic change on the natural environment, economy, various social groups and the population. Specifically, there is a high probability for climatic change to affect the migration processes due to the redistribution of natural resources, primarily food and water.
The Doctrine indicates the following requirements for its implementation:
The doctrine provides for large-scale long-term strategic activities including:
2. Formation of a Customs Union among the Republic of Belarus, the Republic of Kazakhstan, and the Russian Federation
3. Measures on additional social support for certain categories of coal industry employees
4. Providing subsidies for the Russian Federation constituent entities' budgets to co-finance capital construction facilities in the state ownership of the constituent entities which were not included in the Federal Targeted Programmes, financed from the budgets of the constituent entities; or for provision of appropriate subsidies from the constituent entities budgets to co-finance capital construction facilities in municipal ownership which were not included in the Federal Targeted Programmes, financed from municipal budgets.
5. Draft federal law On Introducing Amendments to articles 4 and 21 of the Russian Federation Law on State Secrets
The need to prepare a draft federal law On Introducing Amendments to articles 4 and 21 of the Russian Federation Law on State Secrets (hereinafter - the draft law) is due to the legal gap currently present in the Russian Federation legislation, reflected in the fact that the issue of access to state secrets for individuals substituting for certain government positions (Prime Minister, Head of the President's Executive Office, heads of federal executive agencies, and others), certain government positions of the Russian Federation constituent entities (top government executives of the constituent entities), as well as the heads of certain organizations (state corporations established by the Russian Federation, Russian Academy of Sciences).
In accordance with Article 21 of the Russian Federation Law On State Secrets, the access for an individual to information constituting a state secret is provided based on the decision by the head of a government agency, company, institution, or organization.
The Law, however, does not specify the individuals who are authorized to grant access to state secrets for the heads of government agencies, or the heads of companies, institutions or organizations that are not hierarchically subordinate to government agencies.
In this respect, the draft law proposes to empower the President of the Russian Federation to approve the list of positions that will have access to state secrets when filled.
According to the draft law, the indicated list should be submitted for the President's signature by the Government.
Simultaneously, the draft law proposes to clarify the title of the List of Government Officials and Agencies Authorized to Classify Information, in view of the amendments, introduced by the President's Decree of April 8, 2008 No 460 On Introducing Amendments to Certain Acts of the Russian Federation President with Respect to Establishing the State Corporation on Atomic Energy Rosatom.
6. Introducing amendments to the Provisions on the Ministry of Sport, Tourisms, and Youth Policy
The Ministry of Sport, Tourisms, and Youth Policy prepared a draft Government resolution On Introducing Amendments to the Russian Federation Government Resolution of May 29, 2008 No 408 On the Ministry of Sport, Tourisms, and Youth Policy.
Sub-point "a" of point 1 of the draft proposes to introduce an amendment to the Russian Federation Government Resolution of May 29, 2008 No 408 On the Ministry of Sport, Tourisms, and Youth Policy to bring the Provisions on the Ministry of Sport, Tourisms, and Youth Policy (hereinafter - Provisions) into compliance with point 3 of Article 28 of the Federal law of December 25, 2008 No 281-FZ On Introducing Amendments to Certain Legislative Acts of the Russian Federation (hereinafter - the Federal law No281-FZ).
The indicated article of Federal law No281-FZ introduces an amendment to part 3 of Article 35 of the Federal law On Physical Fitness and Sports in the Russian Federation that transfers Government regulatory authority of material and technical support, including provisions for sports equipment, scientific and methodological, biomedical, medical, and anti-doping support for Russian national sports teams at the expense of federal budget funds to a federal executive agency authorized by the Government.
Sub-point "b" of point 1 of the draft establishes a standard, according to which the Ministry of Sport, Tourisms, and Youth Policy will be authorized to use a logo.
The logo will serve as an official symbol indicating an affiliation with the Ministry of Sport, Tourisms, and Youth Policy, which, in turn, will promote fitness and sports and help the Ministry of Sport, Tourisms, and Youth Policy to implement the functions, prescribed by the Provisions.
Inclusion of this standard is implicit in the creation of a single state policy for regulating and organizing the design and use of state seals and logos for federal executive agencies, and for developing historical traditions.
7. Introducing amendments to the Provisions on the Ministry of Economic Development
The draft Government resolution On Introducing Amendments to the Provisions on the Ministry of Economic Development (hereinafter- draft resolution) has been prepared to implement the provisions of the currently active Federal law of December 30, 2008 No296-FZ On Introducing Amendments to the Federal Law On Bankruptcy (hereinafter - the Federal law No296-FZ).
The draft resolution proposes, based on point 2 of Article 1 of the Federal law No296-FZ, to establish that the Ministry of Economic Development executes the powers of a regulatory agency in the cases, stipulated by Federal Law No296-FZ
The need for the draft resolution adoption is also explained by the legal uncertainty created by the Government resolution of February 3, 2005 No52 On Regulatory Agency Overseeing the Activity of Self-regulating Bankruptcy Administrator Organizations. This resolution empowers the Federal Registration Service to oversee the activity of the self-regulating bankruptcy administrator organizations.
This results in the confusion of the federal executive agency responsibilities when implementing the provisions of Federal Law No296-FZ and makes it impossible to protect the rights and legal interests of bankruptcy participants and other related parties.
In addition, the draft resolution introduces amendments to the Provisions on the Ministry of Economic Development, approved by the Government resolution of June 5, 2008 No437 (hereinafter - Provisions) with respect to empowering the Ministry of Economic Development to adopt normative legal acts that should be adopted by a regulatory agency, as prescribed by Federal Law No296-FZ.
The draft law proposes to vest these powers with the Ministry of Economic Development, as the Ministry, in accordance with point 1 of the Provisions, is a federal executive agency, in charge of elaboration of state policy and legal-normative regulation in the sphere of bankruptcy.
8. Introducing Amendments to Provisions on the Federal Agency for State Property Management
The draft Government resolution On Introducing Amendments to the Provisions on the Federal Agency for State Property Management (hereinafter - draft resolution) has been prepared in connection with the adoption of the Federal Law of December 30, 2008 No296-FZ On Introducing Amendments to the Federal Law On Bankruptcy (hereinafter - the Law).
The version of the Federal Law on Bankruptcy of October 26, 2002 No127-FZ in effect prior to the adoption of the Law, stipulated that the property of a unitary enterprise debtor or a public company debtor, with more than 25% of its shares in state or municipal ownership, must be appraised by an independent appraiser and a certificate on the appraisal must be obtained from a state financial regulatory agency.
According to the Provisions on the Federal Agency for State Property Management, approved by the Government resolution of June 5, 2008 No 432, the Federal Agency for State Property Management was vested with the powers of a state financial regulatory agency in the cases, stipulated by the Federal Law On Bankruptcy.
According to the current version of the Federal Law on Bankruptcy of October 26, 2002 No127-FZ, the appraiser's report on an indebted company or the property of an indebted unitary enterprise or an indebted public company (hereinafter - appraisal report), with more than 25% of shares in state or municipal ownership, is submitted by the external bankruptcy administrator, bankruptcy receiver to the federal executive agency, authorized by the Government to evaluate appraisal reports. As of today, however, no federal executive agency has been vested with such authority.
In view of the above, the publication of the draft resolution will make it possible to replace the powers of the Federal Agency for State Property Management to provide evaluations of a state financial regulatory agency, revoked by the Law, with the powers to evaluate appraisal reports.
9. Introducing amendments to the Provisions on the Federal Agency for Sea and Inland Water Transport
In accordance with point 1 of the Provisions on the Federal Agency for Sea and Inland Water Transport (hereinafter - the Provisions), approved by the Government resolution of July 23, 2004 No371, the Federal Agency for Sea and Inland Water Transport is a federal executive agency for facilitating state services and managing state property on sea and inland water transport.
The function of rendering state services and managing state property, implemented by the Federal Agency for Sea and Inland Water Transport, should be executed throughout the territory of the Russian Federation. However, the fact that the Federal Agency for Sea and Inland Water Transport does not have territorial bodies complicates the implementation of the indicated functions.
In accordance with point 5.9 of the Provisions, the Federal Agency for Sea and Inland Water Transport controls and coordinates the activity of the organizations under its supervision. In addition, according to point 9.7 of the Provisions, the Head of the Federal Agency for Sea and Inland Water Transport, in compliance with the established procedure, appoints and dismisses the heads of subordinate federal state unitary enterprises and federal state agencies, concludes, modifies, and dissolves employment agreements with the indicated agency heads.
The list of the federal state unitary enterprises and federal state agencies, subordinate to the Federal Agency for Sea and Inland Water Transport was approved by the Government resolution of December 31, 2004 No1748-r.
The amendment to the Provisions, proposed by the draft law will allow the Federal Agency for Sea and Inland Water Transport to implement its functions through subordinate organizations, which will considerably increase the effectiveness of the state services rendered and the state property managed.
10. Submitting for the President's signature the Agreement between the Russian Federation and the Republic of Colombia on Mutual Legal Assistance in Criminal Cases
The draft Agreement between the Russian Federation and the Republic of Colombia on Mutual Legal Assistance in Criminal Cases (hereinafter - the Agreement) has been prepared in accordance with Russian treaty protocol and international standards applied in this field of legal cooperation.
The Agreement is aimed at strengthening the international legal regulation of Russian-Colombian cooperation regarding mutual legal assistance in criminal cases.
In accordance with the Agreement, the Parties shall provide mutual legal assistance in criminal cases to each other (point 1, Article 1 of the Agreement).
Legal assistance in criminal cases is provided if the act, with respect to which assistance is requested is considered criminally liable by the legislation of both Parties. The requested Party may, at its own discretion, provide legal assistance even if the act, with respect to which the request was made, is not considered criminally liable under its legislation (point 2, Article 1 of the Agreement).
Article 2 of the Agreement determines the scope of legal assistance.
Article 4 of the Agreement establishes the required form and content of the legal assistance request.
Article 6 of the Agreement stipulates the grounds for legal assistance refusal or suspension.
Unlike many other Russian Federation agreements on legal assistance in criminal cases, the draft Agreement contains provisions, regulating the cooperation in submitting requests on criminal prosecution of the requested Party's citizens and individuals without citizenship, who committed crimes falling under the jurisdiction of the requesting Party (Article 18 of the draft Agreement); as well as provisions, regulating the cooperation in establishing the location of crime instruments and profits from crime and taking appropriate measures against the latter (Article 19 of the draft Agreement).
This cooperation will be based not only on the general provisions of the Agreement, but also on the corresponding norms of the UN Convention against Transnational Organized Crime of December 15, 2000.
The Agreement contains rules different from those stipulated by the Russian legislation. For example, the request for legal assistance can be refused if it relates to a crime against a military service, which is not considered a crime under general criminal law (sub-point 3, point 1, Article 6 of the Agreement).
The draft Agreement contains provisions related to basic human and civil rights and freedoms. Specifically, point 3, Article 15 of the Agreement stipulates that the requesting party shall keep the incarcerated individual in custody when temporarily transferred to the requesting party.
In this respect, the Agreement is subject to ratification upon signing, in accordance with sub-points a and b, point 1, Article 15 of the Federal Law of July 15, 1995 No101-FZ On International Agreements of the Russian Federation.
The implementation of the Agreement will not require additional expenses from the federal budget and will be realized within the limits of the funds, annually allocated to appropriate Russian agencies, interested in receiving and providing legal assistance.
11. Improving the Government's legislative activity
The draft Government resolution On Improving the Russian Federation Government's Legislative Activity provides for a considerable modification of the federal law preparation mechanism in cases when the Government is the legal subject of the legislative initiative, as well preparation and adoption of normative legal acts by the President and the Government of the Russian Federation, required for the implementation of federal laws.
Specifically, the draft resolution provides for:
The adoption of this resolution will allow the Government to considerably improve its legislative activities, reduce the timeframe for the preparation of draft laws and normative legal acts, required for the implementation of the federal laws, and ensure the activity coordination for all legislative process participants.
The implementation of this resolution will contribute to the formation of a new and improved normative legal framework for the resolution of the priority social-economic tasks in the main areas of Government activities during the period through 2012.
In addition, the adoption of the resolution will improve the effectiveness of the federal executive agencies in the preparation of federal laws as well as the Presidential, Government, and federal executive agencies' normative legal acts, required for the realization of the corresponding federal laws.
The implementation of the proposed draft resolution will not affect the scope of responsibilities and expertise of the government agencies of the Russian Federation constituent entities.
12. Allocating budget funds to the Government of the Republic of Daghestan from the Federal Government reserve fund for prevention and relief of emergency situations and natural disaster aftermath.
3. Allocating budget funds to the Government of the Chechen Republic from the Federal Government reserve fund for the prevention and relief of emergency situations and natural disaster aftermath.
Moscow
April 22, 2009
*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
