22 june 2009

Background material for the June 22, 2009 meeting

Background material for the June 22, 2009 meeting 

The following issues are scheduled for discussion at the Government Presidium meeting on June 22, 2009:

1. Draft strategy of the development of physical fitness and sports in the Russian Federation in the period until 2020.

The draft strategy of the development of physical fitness and sports in the Russian Federation in the period until 2020 has been prepared pursuant to the instructions of the President of the Russian Federation issued after the October 14, 2008 joint session of the Presidium of the State Council of the Russian Federation and the Presidential Council for the Development of Physical Fitness and Sports, Professional Sports, the Preparation and Holding of the XXII Winter Olympic Games and the XI Paralympic Winter Games in 2014.

The objectives of the strategy include providing the public with access to a developed sports infrastructure, the option of leading a healthy lifestyle through regular engagement in physical fitness and sports activities and the promotion of Russia's sports competitiveness.

To achieve the above goals the strategy envisions a range of measures including the creation of a new national system of physical fitness and sports, promotion of a healthy lifestyle, physical fitness and sports, improvement in training methods for world class athletes and a sports reserve, development of sports medicine, improvement of social protection for athletes and coaches and the development of the sports infrastructure. The strategy is to be implemented in two phases (2009-2015 and 2016-2020). Diverse subsets of the population, including handicapped individuals, must be involved in regular physical fitness and sports activities, more sports facilities are to be provided and anti-doping support for professional sports is to be improved.

The implementation of the strategy is to be funded from the federal budget, the budgets of the regions of the Federation and other off-budget sources. The budgets of the regions of the Russian Federation are to receive subsidies for the building and refurbishment of regional and municipal sports facilities.

2. Improving anti-monopoly legislation

The meeting will have a preliminary discussion of the amendments prepared by the Federal Anti-Monopoly Service of the Russian Federation to be introduced in certain federal laws which envision more precise legislative definitions and procedural standards connected with the anti-monopoly functions of the state. 

3. Draft federal law On Introducing Amendments to Certain Legislative Acts of the Russian Federation Concerning Empowerment of Budget Institutions to Conclude Financial Rent (Leasing) Contracts.

The provisions of the draft law aim to enable public sector institutions to sign financial rent (leasing) contracts in light of the specificities of the legal status of public sector institutions.

The draft federal law introduces corresponding amendments to the Budget Code of the Russian Federation (hereinafter the Budget Code), the Civil Code of the Russian Federation (hereinafter the Civil Code) and Federal Law No.164-FZ of October 29, 1998 on Financial Rent (Leasing) (hereinafter Federal Law No.164-FZ).

The draft law would add to the provision of the Budget Code regarding the placement of orders for the procurement of goods and services for state or municipal needs, the provision whereby financial rent (leasing) is the subject matter of the state (municipal) contract. 

Under the Budget Code, budget allocations for the rendering of state (municipal) services include allocations that ensure the fulfilment of the functions of public sector institutions. Ensuring the performance of the functions of public sector institutions includes payment for supply of goods and rendering of services for state (municipal) needs.

Thus, the addition proposed under the draft law will enable public sector institutions to fulfil state (municipal) contracts that constitute financial rent (leasing).

In connection with the introduction of the above-mentioned amendment to the Budget Code, corresponding amendments are introduced in the Civil Code and Federal Law No.164-FZ concerning regulation of the relations between the parties to a financial rent (leasing) contract.

Furthermore, the draft law introduces additions to Federal Law No.164-FZ, which will also cover public sector institutions, including the provisions that envision the writing off of money from the account of the lessee, the terms of the lease contract regarding extension of the term with or without a change in the terms of the lease contract, temporary possession or use of the object of the lease contract, the maintenance and return thereof, the terms of rendering additional services and conducting additional work stipulated in the lease contract.

Under the draft law certain provisions of Federal Law No.164-FZ do not cover public sector institutions. In particular, the provisions on subleasing (type of sub-letting of the object of lease when the lessee transfers property to third persons under a lease contract into possession or use), assignment of rights under lease contract to third persons and mortgaging of leasing, the lessor's right to financial control.    

4. Draft federal law On the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on the Creation and Activities of the International Research Centre Pamir-Chakaltaya.

The Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on the creation and the activities of the International Research Centre Pamir-Chakaltaya (hereinafter, the Agreement and the Centre respectively) was signed in Dushanbe on August 29, 2008.

The Agreement was concluded to ensure the continued study of very high energy cosmic rays at the unique facility built during the Soviet period located at the elevation of 4,400 metres and containing 1,500 tonnes of high-precision rolled lead sheet.

The principles of the formation and function of the Centre set forth in the Agreement would ensure material and legal protection of Russian scientists. They align with the Convention of the CIS member states On the Creation and Status of International Research Centres and Research Organisations of November 25, 2008 (in the Russian Federation the Convention came into force on October 26, 2000). The Agreement is subject to ratification.  

5. Submitting to the President of the Russian Federation a proposal on signing the Strategic Partnership Treaty between the Russian Federation and the Arab Republic of Egypt.

The draft resolution has been prepared for the purpose of consolidating the legal treaty foundations of long-term development of relations with Egypt, draws on the experience of drafting such documents between the Russian Federation and other states and fully corresponds to international legal practice in this field.

The draft Treaty On Strategic Partnership between the Russian Federation and the Arab Republic of Egypt reflects the desire of the two states to consistently pursue a policy of creating the most favourable conditions for broader cooperation in a wide range of economic, scientific-technical and cultural areas. It also includes provisions on military-technical cooperation, interaction in combating international terrorism and the development of a dialogue of civilisations.

6. Signing the Agreement between the Government of the Russian Federation and the Government of the Republic of Angola on Encouragement and Mutual Protection of Capital Investments and the Protocol to the said agreement.

The draft executive order would grant most favoured nation status to investors whereby investments are allowed into the territory of a signatory state in accordance with its legislation and the investors of the other signatory state are granted an equal level of most favoured nation status to national investors or investors from third countries. Each party reserves the right to apply and introduce in accordance with its legislation exemptions from most favoured nation status with regard to foreign investors and their capital investments.

The draft guarantees the protection of capital investments against forcible confiscation through nationalisation, expropriation or other measures that entail similar consequences, except when such measures are taken in the public interest and in compliance with the procedure established under the laws of the contracting parties. The mechanisms of protecting capital investments against confiscation and compensation for damages are specified. Court protection for the rights of investors, the procedures of investment dispute resolution, including international arbitration, are envisioned. The Agreement guarantees unobstructed transfer of revenues and other payments connected with capital investment.

The draft Agreement has been prepared on the basis of a model agreement on encouragement and mutual protection of capital investments approved by Resolution No.456 of the Government of the Russian Federation of June 9, 2001.

In accordance with Article 15 of the Federal Law On International Treaties of the Russian Federation, this Agreement, after its signing, is subject to ratification.

The signing and subsequent coming into force of the Agreement will provide Russian and Angolan investors with long-term stability and predictability within the legal environment and will help reinvigorate investment and trade-economic cooperation between the Russian Federation and the Republic of Angola.

7. Signing the Agreement between the Government of the Russian Federation and the Government of the Federal Republic of Nigeria on Mutual Encouragement and Protection of Capital Investments.

The draft executive order would provide most favoured nation status to investors whereby investments are allowed into the territory of the state referred to in the Agreement in accordance with its legislation and the investors of the state of the other contracting party are offered an equal level of most favoured nation status to national investors or investors from third countries. Each party reserves the right to apply and introduce in accordance with its legislation exemptions from most favoured nation status with regard to foreign investors and their capital investments.

The draft guarantees the protection of capital investments from forcible confiscation: nationalisation, expropriation or other measures which have similar consequences except when such measures are taken in the public interests in compliance with the procedure established under the laws of the contracting parties. The mechanisms of protection of capital investments against confiscation and compensation of damages are specified. Measures of court protection for the rights of investors, the procedure of investment dispute resolution, including international arbitration, are envisioned. Unobstructed transfer of revenues and other payments in connection with capital investment is guaranteed.

The draft Agreement has been prepared on the basis of a model agreement on encouragement and mutual protection of capital investments approved by Resolution No.456 of the Government of the Russian Federation of June 9, 2001.

In accordance with Article 15 of the Federal Law On International Treaties of the Russian Federation this Agreement, after its signing, is subject to ratification.

The signing and subsequent coming into force of the Agreement will provide Russian and Nigerian investors with long-term stability and predictability within the legal environment and will help reinvigorate investment and trade-economic cooperation between the Russian Federation and the Federal Republic of Nigeria.  

8. Making a lump-sum targeted contribution to the UN HIV/AIDS programme (UNAIDS) for the holding of the 3rd International Conference on HIV/AIDS in the countries of Eastern Europe and Central Asia (in Moscow).

The prevalence of HIV infection in the countries of Eastern Europe and Central Asia exceeds 1.5 million, and the epidemic is spreading, according to the UN. The growing migration processes between the Russian Federation and neighbouring countries prompt the need for more effective cooperation between the states concerned in containing the spread of the virus. An effective mechanism of cooperation in combating the HIV epidemic was the conference on HIV/AIDS in Eastern Europe and Central Asia held at the initiative of the Russian Federation in Moscow as part of its presidency of the G8 in 2006.

At the initiative of the Russian Federation the second conference on HIV/AIDS in Eastern Europe and Central Asia was also held in Moscow in 2008.

To consolidate the achievements of the Russian Federation in combating HIV, the federal executive bodies concerned have put forward an initiative to hold the 3rd international conference on HIV/AIDS in Moscow in October this year.

The main task of the forthcoming conference is to intensify the efforts in the region aimed at counteracting the spread of the epidemic of the disease, including the development of a vaccine for HIV, the prevention of HIV infection among migrants in the context of growing international mobility of the labour market, a comprehensive approach to HIV prevention, etc.

The results of the conference are designed to be discussed at the Special UN General Assembly Session in 2010, which will review the results of the global effort to provide universal access to the prevention, treatment and medical and social support for people living with HIV.

Holding the conference in Moscow will be effective evidence of the commitment of the Russian Federation to increasing the efforts in the field of prevention and treatment of HIV infection at the global and regional levels and to assisting the developing countries in this sphere, the goals declared during its presidency of the G8 in 2006. More than 2,500 delegates are expected to take part in the conference.

9. Allocation of funds in 2009 from the Reserve Fund of the Government of the Russian Federation to the President's Business Administration Directorate.

The draft executive order is aimed at compliance with the provision of Clause 4 of Decree of the President of the Russian Federation No.238 of March 4, 2009 On the Jubilee Medal 65th Anniversary of the Victory in the Great Patriotic War of 1941-1945 to ensure proper funding for the production of jubilee medals of the 65th Anniversary of the Victory in the Great Patriotic War of 1941-1945. The costs of producing Government decorations, including jubilee medals, is financed in accordance with the Rules On the Procedure of Spending the Resources of the Reserve Fund of the Government of the Russian Federation approved by Resolution No. 838 of the Government of the Russian Federation of July 8, 1997.

The financing of said costs will make it possible to present jubilee medals to 4,720,837 veterans of the Great Patriotic War.  

10. On the allocation to the Sakhalin Region Administration of funds from the Reserve Fund of the Government of the Russian Federation for the Prevention of and Recovery from Emergency Situations and the Consequences of Natural Disasters to cover part of the cost of restoration in the aftermath of the earthquake that occurred on the territory of the Nevel District, Sakhalin Region, on August 2, 2007 for the purpose of financial assistance to citizens on the basis of court rulings in connection with loss of basic property.

As a result of the earthquake that struck the territory of the Nevel District, Sakhalin Region, on August 2, 2007 the population has suffered, considerable material damage has been caused to people and federal property and 7,761 persons (3,406 families) were left homeless.

To cover part of the cost of restoration in the aftermath of said emergency situation, pursuant to executive orders of the Government of the Russian Federation No.1281-r of September 27, 2007, No.1453-r of October 20, 2007, No.411-r of March 29, 2008 and No.9-r of January 9, 2009 the Administration of the Sakhalin Region received from the Reserve Fund of the Government of the Russian Federation for the Prevention of and Recovery from Emergency Situations and the Consequences of Natural Disasters, for the purpose of relief to the citizens who have lost their basic property, 205,555,500 roubles, of which 3,675,500 roubles is in accordance with court rulings.

The draft executive order referred to allocates to the Administration of the Sakhalin Region 2,074,300 roubles for financial relief to citizens who have lost their basic property and have been granted such a right by court decision.

Financial assistance to citizens in connection with the loss of basic property is in compliance with the Rules of Budgetary Allocations from the Reserve Fund of the Government of the Russian Federation for the Prevention of and Recovery from Emergency Situations and the Aftermath of Natural Disasters approved by Resolution No.750 of the Government of the Russian Federation of October 13, 2008.

June 19, 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.