Thursday, March 14, 2013

Background material for the January 13, 2011 meeting of the Government of the Russian Federation (press release)
PRESS-RELEASE*
The following issues are scheduled for discussion at the Government Presidium meeting on January 13, 2011:
1.      Progress made in implementing the Programme for the Structural Reform of Rail Transport
The materials on the issue have been submitted by the Russian Ministry of Transport.
The structural reform of rail transport is being implemented in accordance with the government resolution On the Programme for the Structural Reform of Rail Transport.
The Russian government approved the plan of action for implementing the Programme for the Structural Reform of Rail Transport for 2006-2010 via an executive order.
Meeting participants will discuss the following items concerning the progress made in implementing the structural reform of rail transport:
  • defining efficiency in implementing the measures of the Structural Reform of Rail Transport by the end of 2010;
  • examining the draft of the Targeted Model for the Rail Freight Transportation Market up to 2015;
  • examining the order for implementing new and incomplete measures of the structural reform.
The following items will be the main issues that meeting participants will have to consider:
  • establishing terms for carrying out incomplete and newly planned activities from 2011 to 2015, shifting the abovementioned measures to the fourth stage of the Structural Reform of Rail Transport with a deadline set at 2015;
  • approving the draft of the Targeted Model for the Rail Freight Transport Market up to 2015 and defining the targeted market configuration, primary tasks and measures for its execution from 2011 to 2015.
In light of these considerations, meeting participants should define priorities in improving the regulatory and legal framework and state rate policy, as well as charge the federal executive bodies and organisations concerned with creating the necessary conditions to facilitate military and special transportation, while at the same time introducing Russian Railways to a competitive private market in which it is managed accordingly.
2. Draft federal law On Introducing Amendments to Article 15 of the Federal Law On Sea Ports in the Russian Federation and On Introducing Amendments to Certain Legislative Acts of the Russian Federation
The draft federal law has been submitted by the Ministry of Transport.
The draft federal law has been drawn to bring certain provisions of the federal law On Sea Ports in the Russian Federation and On Introducing Amendments to Individual Legislative Acts of the Russian Federation into conformity with the provisions of the federal law On Transport Security.
Part 4, Article 15 of the federal law on sea ports allows for the development of the government act (resolution) on approving an order for protecting the sea ports’ infrastructure facilities.
In addition to it, the federal law On Transport Security features a comprehensive approach towards securing transport infrastructure facilities. It has no individual provisions stipulating special procedures as to the protection of the sea ports’ infrastructure facilities, since this is only one of the elements in providing transport security.
In this regard, the reference to the government acts contained in Part 4, Article 15 of the law On Sea Ports has been proposed to be excluded. 
Part 5, Article 15 of the law On Sea Ports has to be amended since the measures on protecting the sea ports’ borders are only one of the elements in providing transport security during implementation of the plan for providing the sea ports’ transport security. The order for taking certain actions in securing the sea ports’ borders is reflected in the plan for securing transport infrastructure facilities. In turn, the plan for providing the sea ports’ transport security is being developed on the basis of assessing the sea ports’ vulnerability.
According to Article 5 of the law On Sea Ports, sea ports consist of a specific land area and water space. It should be noted that sea ports, in general, are not part of the transport infrastructure (a legal entity). Therefore, there is no body that has been legally charged with providing transport security and protecting the sea ports’ borders. Moreover, no source has been charged with financing the sea ports’ protection.   Consequently, sea ports (as a sole transportation system) seem to be operating appropriately if their borders are duly protected. The sea ports’ appropriate functioning may be achieved by protection of the sea ports’ borders by security units of federal transport authorities and corresponding units and (or) organisations of the federal law enforcement agencies.  
Amendment of Part 6, Article 15 of the law on Sea Ports will allow the Ministry of Transport (subject to agreement with the Ministry of the Interior) to legally establish and document the list  of sea ports the borders of which are to be  protected by security units of federal transport authorities and corresponding units and (or) organisations of the federal law enforcement agencies.
Development of the aforementioned documentation of sea ports by an order of the Ministry of Transport will facilitate a sea ports list’s approval, and, if required, allow it to be amended appropriately if a port is opened or closed for rendering such a service. 
Moreover, the issue of protecting hydrotechnical facilities and navigation equipment, has already been resolved via a government resolution. Pursuant to Clause 3 of the provision On Protecting Hydrotechnical Facilities and Navigation Equipment, the units or facilities subject to protection will be divided between the security bodies of the Ministry of Transport and law enforcement agencies under joint acts of the Ministry of the Interior and the Ministry of Transport.
3. Draft federal law On Introducing Amendments to Article 16 of the Federal Law On the Enactment of the Housing Code of the Russian Federation
The draft federal law has been submitted by the Ministry of Justice.
The draft federal law amends Article 16 of the federal law On the Enactment of the Housing Code of the Russian Federation. The draft law is aimed at bringing standards for passing land plots under residential buildings into joint shared ownership of the premises’ owners into conformity with the provisions set forth in the resolution of the Russian Constitutional Court.
The aforementioned resolution of the Constitutional Court acknowledges that provisions of Part 3, Article 16 of the Federal Law have prevented premises’ owners from filing a statement to government bodies and local government bodies on forming the land plot (where the building in which an owner lives is located) if the party in question has not been authorized to do so by the general meeting of the premises’ owners. Accordingly, there have been arbitrary differences in the conditions for enforcing rights, guaranteed by Articles 19 (part 1), 35 (part 1 and 2) and 36 of the Constitution of the Russian Federation.
4. Draft federal law On Introducing Amendments to Articles 236 and 325 of the Criminal-Procedural Code of the Russian Federation
The draft federal law has been submitted by the Ministry of Justice.
The draft federal law has been drawn up to implement the Constitutional Court’s resolution on checking the constitutionality of clauses 2 and 3, Part 2, Article 30 and Part 2, Article 325 of the Criminal-Procedural Code of the Russian Federation.
In its resolution, the Constitutional Court acknowledges that during a preliminary hearing, the court is entitled to turn the hearing into a separate proceeding if the defendants object to the presence of a jury. The establishment of grounds and the order for the court’s decision on considering the case separately is a right of the federal legislator.
The draft law supplements Part 1, Article 236 of the Criminal-Procedural Code with Clause 7, providing for the judge’s authority to decide whether the criminal case can or cannot be turned into a separate proceeding after the preliminary hearing if one or several defendants object to the presence of a jury.  
Part 2, Article 325 of the Criminal-Procedural Code is set forth in a revised version. It allows for turning a criminal case into a separate proceeding in the event that one or several defendants object to the presence of a jury, but the court must establish that a separate criminal case will not hinder the universality and impartiality of the law while under consideration.
5. Draft federal law On Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Abkhazia on Visa-Free Travel for Citizens of the Russian Federation and the Republic of Abkhazia
The draft federal law has been submitted by the Ministry of Foreign Affairs.
The agreement has been drawn up to establish the most favourable conditions for the visa-free travel of Russian and Abkhazian citizens, strengthen the contractual legal base of relations between the two countries, and create a favorable environment to develop and extend human exchange.
The Agreement primarily focuses on the implementation of visa-free travel for citizens of both countries, who can use foreign passports as well as internal documents for entry.
6. Draft federal law On Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of South Ossetia on Visa-Free Travel for Citizens of the Russian Federation and the Republic of South Ossetia
The draft federal law has been submitted by the Ministry of Foreign Affairs.
The agreement has been drawn up to establish the most favourable conditions for the visa-free travel of Russian and South Ossetian citizens, strengthen the contractual legal base of relations between the two countries, and create a favorable environment to develop and extend human exchange.
The Agreement primarily focuses on the implementation of visa-free travel for citizens of both countries, who can use foreign passports as well as internal documents for entry.
7. Submission of the Agreement between the Russian Federation and the Republic of Belarus On the Creation and Operation of an Integrated Communications System between the Regional Forces of the Republic of Belarus and the Russian Federation to the president of the Russian Federation for the purpose of submitting the same for ratification. 
The draft resolution on this issue has been submitted by the Ministry of Defence and the Ministry of Foreign Affairs.
The Agreement establishes an integrated communications system to conduct coordinated communication planning and manage regional forces of the Russian Federation and the Republic of Belarus. The system has been designed to exchange all possible kinds of information. The agreement also establishes an order for using Russia’s public communications networks and Belarus’ government communications networks to render services for both states’ defence and security. 
8. Draft federal law On Ratification of the Agreement between the Government of the Republic of Turkey and the Government of the Russian Federation for Cooperation in the Use of Nuclear Energy for Peaceful Purposes
The draft federal law has been submitted by the Ministry of Foreign Affairs and Rosatom State Atomic Energy Corporation.
The Agreement between the Government of the Republic of Turkey and the Government of the Russian Federation for Cooperation in the Use of Nuclear Energy for Peaceful Purposes was signed in Ankara on August 6, 2009.
The agreement has been drawn up with due account of Russia's international obligations and is a framework agreement.
The agreement forms a contractual legal base for full-scale Russian-Turkish cooperation in using nuclear energy for peaceful purposes in fields of mutual interest, such as research, development, design, and construction of nuclear power and research reactors; their operation and renovation; the regulation of nuclear and radiation safety; the development of modernised and innovative nuclear reactors; and the development of nuclear fuel cycle technology and controlled thermonuclear fusion.
In addition, the agreement establishes the rules and terms for the following principles of such cooperation: the exchange of research and technological information; the exchange of experts; the organisation of research workshops, conferences, and symposiums; the organization of consultations on research and technology; and the preparation of research staff and servicing personnel.
The agreement also specifies both parties’ obligations in regard to current non-proliferation agreements.
Pursuant to Sub-Clause “a,” Clause 1, Article 15 of the Federal Law on International Treaties of the Russian Federation, the agreement must be ratified.
9. Draft federal law On the Ratification of the Protocol to the Agreement between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defence Purposes and Related Cooperation, signed in Washington on April 13, 2010.
The draft federal law has been submitted by the Ministry of Foreign Affairs and Rosatom State Atomic Energy Corporation.
The draft federal law had to be prepared in the absence of foreign financial support as stipulated in the Agreement between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defence Purposes and Related Cooperation.  The document was signed in Moscow on August 29, 2000 and in Washington on September 1, 2000.
Following the negotiations, the USA has agreed with a proposal to use the BN-800 fast neutron reactor (instead of VVER-1000 reactors) and the BN-600 reactor with a hybrid core to dispose of redundant plutonium and to introduce corresponding amendments to the agreement by signing an additional protocol to it.
In accordance with the Protocol of 2010, the parties will launch their programmes to dispose of redundant arms-grade plutonium no later than 2018 (the BN-800 reactor will be commissioned in approximately 2013-2014). The parameters for the utilisation of the BN-800 reactor have been coordinated with the commissioning of MOX fuel production (which is under development), research and development programmes on new types of fuel, the closure of the current nuclear power cycle, and requirements on information protection.
Therefore, the political obligation contained in the Agreement of 2000 to dispose of 34 tonnes of redundant arms-grade plutonium will be fulfilled as part of the Russian programme for the development of the nuclear technology and power industry.
The Protocol of 2010 will also amend monitoring and inspection procedures stipulated in the Agreement of 2000, in order to confirm that the agreement’s provisions regarding the disposal of plutonium and other adulterated materials are accomplished.
The liability protocol on plutonium disposition, as amended to the Agreement of 2000, was signed on December 15, 2006.
The Agreement of 2000, as amended by the Protocols of 2006 and 2010, ensures the full equality of Russia and the USA in the amounts and forms of disposed plutonium and all other aspects connected with fulfillment of the agreement’s terms and confirmation.
However, provisions in the Protocol of 2010 grant Russia the right to suspend, alter, or discontinue (whenever it so chooses) its participation in the Agreement of 2000 if the US government fails to start or stops providing technical cooperation.
The Protocol of 2010 must be ratified because it amends the text of the Agreement of 2000, as previously submitted to the State Duma for ratification.
The Protocol of 2010 removes the main obstacle to the ratification of the Agreement of 2000, which was the lack of funds for disposing of Russia’s redundant arms-grade plutonium. The ratification of the Agreement of 2000 as revised by the Protocol of 2010 and the Protocol of 2006 can be reinstated under sub-clause “a” Clause 1, Article 15 of the federal law On International Treaties of the Russian Federation.
10. The introduction of amendments to certain acts of the government of the Russian Federation on auditing activities
The draft resolution has been submitted by the Ministry of Finance.
According to Part 5, Article 10 of the federal law On the Auditing Activities, , the Federal Service of Financial and Budgetary Oversight (Rosfinnadzor), Rosfinnadzor externally oversees the quality control of work performed by other auditing organisations, conducting obligatory audits on the financial statements of those organizations whose securities have been listed on stock exchanges for trade, as well as other trade organisers at stock exchanges. These include other credit institutions  and insurance organisations, non-governmental pension funds, and organisations in which state corporations own a share of no less than 25% in authorised capital, state corporations and state companies.  .
The draft resolution allows for amendments to the provisions concerning Rosfinnadzor. It also authorises the latter to oversee the external quality control of work performed by other auditing organisations, including through the use of obligatory audits.
The government resolution titled Issues of the Federal Service of Financial and Budgetary Oversight, has been supplemented. This supplement allows Rosfinnadzor to have up to three deputy heads appointed to the service’s core activity fields. Rosfinnadzor currently has two deputy heads.
The external quality control of work performed by auditing organisations has been exempted from existing provisions on the Ministry of Finance and from, the government resolution On Amending the Resolution of the Russian Government No. 329 of June 30, 2004, and the list of powers of state regulation of auditing activities, as conducted by the Ministry of Finance.
Moscow,
January 12, 2011
* Press releases by the Department of Press Service and Information are based on the materials submitted by the executive federal bodies for discussion by the Government Presidium.


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