Abstract
Although the Union of the Soviet Socialist Republics (Soviet Union) was the first country in the world to launch an artificial earth satellite on October 4, 1957, as well as the first spacecraft with a man on board on April 12, 1961, there were no laws regulating space activities in the Soviet Union for a long time.
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Notes
- 1.
Number 569-264 from 02.09.1958.
- 2.
Number 1386-618 from 10.12.1959.
- 3.
24.09.1962. It settled the decision of the organs mentioned to conduct the landing of the piloted space vehicle on the surface of the Moon.
- 4.
Number 655-268 from 03.08.1964. The Resolution for the first time to regulated the soviet-piloted space programme for the exploration of the Moon and pointed out that landing of the Soviet cosmonaut on the surface of the Moon is a priority goal of the Soviet cosmonautics.
- 5.
See the list of the legislation related to space activities in the Section 13.7 to this chapter.
- 6.
Article 1 of the Law on Space Activities.
- 7.
Article 28 of the Law on Space Activities. This norm is applicable in cases where foreign legislation is applicable to space activities undertaken by subjects of the Russian Federation, both juridical and natural persons.
- 8.
Paragraph 3 of Regulation No. 314 of 26.06.2004 on Federal Space Agency.
- 9.
It follows from the wording of the Article that military aspects of space exploration and use are not included in the scope of the programme.
- 10.
Article 7(3) of the Law on Space Activities.
- 11.
Adopted by the Federal Government Resolution No. 635 of 22.10.2005.
- 12.
12.12.1993.
- 13.
Kutafin O. (ed.) Clause-by-clause Scientific-practical Commentary to the Constitution of Russian Federation (Moscow, 2003) online: <http://constitution.garant.ru/DOC_3866952.htm> (in Russian).
- 14.
Presidential Decree No. 185 of 25.02.1992 on Space Activities Administration Structure in the Russian Federation.
- 15.
Presidential Decree No. 651 of 25.05.1999 on Federal Executive Power Bodies Structure.
- 16.
No. 314 of 26.06.2004 as amended on 14.12.2006.
- 17.
Article 2(2).
- 18.
Preamble.
- 19.
Article 3. The list expands the goals of space activities enumerated in the Preamble: development of economy, science and technology, consolidation of defence and security, and furtherance of the international cooperation of the Russian Federation.
- 20.
Note that this principle is listed on the second place, and thus is one of the most important principles governing space activities in Russian Federation, which combines private initiative with state control.
- 21.
In the Russian text of the Law the two prepositions refer to two different types of jurisdictions “in” refers to the territorial, and “by” to personal jurisdiction.
- 22.
The procedure regarding formation and submission of state order is laid down in Article 14.
- 23.
This wording (excluding the renvoi to intellectual property provisions contained in laws other than the Civil Code) was introduced by the last amendment made in December 2006 and came into force on 01.01.2008.
- 24.
Adopted by the Parliament on 21.10.1994.
- 25.
Note, that till now there is no special mechanism of ownership registration regarding space objects, which signifies that there is no way there can be private ownership, or better to say its recognition, of space objects in the Russian Federation. See Chekanov, D. Civil law Relationships Involving Artificial Space Objects (PhD Dissertation) (Moscow, 2003) summary online: <http://planetadisser.com/see/dis_20185.html> (in Russian).
- 26.
Whether “civil purposes” condition significantly narrows the definition of the space objects is not clear, as the definition serves the purposes of the Law, and is not intended to lay down a general notion of space object.
- 27.
Article 17(1). The Law does not contain any provisions determining registration procedure.
- 28.
Article 17(2).
- 29.
Article 17(3), regime that can be altered by international treaties.
- 30.
Article 17(4).
- 31.
Article 19(2).
- 32.
No conditions are determined within the body of the Law.
- 33.
Article 19(5).
- 34.
Article 18(2).
- 35.
Article 20(1) (2).
- 36.
Article 20(3).
- 37.
Number 155-r of 27.10.2000.
- 38.
Number 403 of 30.06.2006.
- 39.
Provisions of the Regulations will be addressed below in a separate section.
- 40.
Number 128-FZ (in Cyrillic letters) of 08.08.2001, as amended (last amendment on 05.02.2007).
- 41.
Number 403 of 30.06.2006 (hereinafter Licensing Regulations).
- 42.
Order No. 51 of 25.05.2007 (hereinafter Licensing Order).
- 43.
Paragraph 2.6 of the Licensing Order.
- 44.
Paragraph 3.7 of the Licensing Order.
- 45.
Number 149-FZ (Cyrillic letters) of 29.07.2006.
- 46.
Number 326 of 28.05.2007 (hereinafter Remote Sensing Resolution).
- 47.
See comments by Mr. V. Shalamov from the Russian Agency on Geodesy and Cartography on the regulation online: <http://www.gisa.ru/38431.html>; and The First Explanatory Comments Made with Regard to the Remote Sensing Resolution on the Russian GIS Forum <http://www.gisa.ru/38432.html>.
- 48.
GA Resolution, U.N. Doc A/RES/41/65 (1986) (hereinafter UN Principles).
- 49.
Cf. UN Principles.
- 50.
Operator is defined as an organisation, which carries out planning of remote sensing, reception, processing, storage and provision of remote sensing data. Remote Sensing Resolution does not mention whether the notion of operator includes foreign operators or not.
- 51.
Foreign users have to declare that remote sensing data will be used for peaceful purposes and will adversely affect security of Russian Federation.
- 52.
Requirements to the requests are laid down in paragraph 14 of the Remote Sensing Resolution.
- 53.
Paragraph 22 of the Remote Sensing Resolution.
- 54.
Paragraph 12 of the Remote Sensing Resolution.
- 55.
October 2007 (hereinafter Draft Registry Order).
- 56.
UNGA Res. 3235 (XXIX) Annex, Nov. 12, 1974; ILM Vol. XV, 43.
- 57.
Paragraph 15.
- 58.
Paragraph 16.
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Malkov, S.P., Doldirina, C. (2010). Regulation of Space Activities in the Russian Federation. In: Jakhu, R. (eds) National Regulation of Space Activities. Space Regulations Library Series, vol 5. Springer, Dordrecht. https://doi.org/10.1007/978-90-481-9008-9_13
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