Federal Law № 28-ФЗ dated February 12, 1998 ‘ON CIVIL DEFENSE’

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Federal Law № 28ФЗ dated February 12, 1998

‘ON CIVIL DEFENSE’

Adopted by the State Duma on December 26, 1997

Approved by the Council of Federation on January 28, 1998

Summary:

This federal law defines the tasks and management of Civil Defence in Russia.

The law defines the concept, the service terms, taskings and organisations involved.

The conduct and principles of Civil Defence are detailed, along with the specification of the powers of various state authorities in this field. The roles of the government, federal executive authorities, local government, and the rights and obligations citizens are described. The practicalities of civil defence management, forces and organisation are also discussed.

Chapter I. General Provisions (Articles 1–4)

Federation in the Domain of Civil Defence

Chapter III. Powers of the Executive Authorities (Articles 8–10) of the Constituents of the Russian Federation, Local Governmental Bodies, Organizations,

Rights and Obligations of the Citizens of the Russian Federation in the

Domain of Civil Defence

Chapter IV. Civil Defence Management (Articles 11–14)

Chapter V. Civil Defence Forces (Articles 15–17)

Chapter VI. Final Provisions (Articles 18–20)

The present Federal Law shall define tasks in the domain of civil defence and legal fundamentals of their implementation, powers of the State authorities of the

Russian Federation, executive authorities of the constituents of the Russian

Federation, local governmental bodies, organizations regardless of their organizational-legal forms and forms of property (hereinafter referred to as organizations), as well as forces and means of civil defence.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic Concepts

The civil defence shall be the system of measures of preparation for the defence and protection of the population, material and cultural values in the territory of the

Russian Federation against the hazards occurring during prosecution of hostilities or as a consequence of these hostilities; the civil defence service shall be the service meant for carrying out measures of civil defence, including preparation of necessary forces and means and support of the actions of civil defence organizations in the course of performance of wrecking and other necessary work in the course of hostilities or as a consequence of these hostilities; the civil defence organizations shall be the formations created on the basis of the organizations by the territorial-production principle, not included in the structure of the Armed Forces of the Russian Federation, possessing special equipment and property and prepared for protection of the population and organizations against the hazards occurring during prosecution of hostilities or as a consequence of these hostilities; the territory attributed to a civil defence group shall be the territory which accommodates a town or other inhabited locality of important defensive and economic value together with its facilities representing a high degree of hazard of occurrence of emergencies within the time of war and peace.

Article 2. Tasks in the Domain of Civil Defence

The main tasks in the domain of civil defence shall be as follows: training of the population in techniques of protection against the hazards occurring in the course of hostilities or as a consequence of these hostilities;

notice of population of the hazards occurring in the course of hostilities or as a consequence of these hostilities; evacuation of population, material and cultural values to safe areas; supply of population with shelters and personal protection equipment; carrying of activities on light camouflage and other types of camouflage; carrying of wrecking operations in case of occurrence of hazards for the population in the course of hostilities or as a consequence of these hostilities; priority supply of the population suffered in the course of hostilities or as a consequence of these hostilities including medical service, rendering of the first medical aid, urgent supply with accommodation and taking of other necessary measures; control of fires occurring in the course of hostilities or as a consequence of these hostilities; detection and identification of the areas subjected to radioactive, chemical, biological and other contamination; decontamination of the population, equipment, buildings, territories and carrying of other necessary activities; restoration and maintenance of order in the areas suffered in the course of hostilities or as a consequence of these hostilities; urgent restoration of functioning of the required municipal services in the time of war; urgent burial of dead bodies during the time of war; development and implementation of measures targeted at safe keeping of the facilities essentially necessary for stable functioning of the economy and survival of the population during the time of war; assurance of continuous availability of the civil defence forces and means.

Article 3. Legal Regulation in the Domain of Civil Defence

1. The legal regulation in the domain of civil defence shall be effected in compliance with the present Federal Law, other Federal laws and different legal acts of the

Russian Federation.

2. If an international treaty of the Russian Federation establishes other rules than the ones envisaged with the present Federal Law, then the rules of the international treaty shall apply.

Article 4. Principles of Civil Defence Arrangement and Conduct

1. The arrangement and conduct of civil defence shall be one of the most important functions of the State, component parts of the defence construction, and protection of the State security.

The civil defence shall be arranged in the territory of the Russian Federation by the territorial-production principle.

2. Preparation of the State to conduct of civil defence shall be effected well in advance in the time of peace with account of development of armaments, military equipment and means of protection of the population against the hazards occurring during prosecution of hostilities or as a consequence of these hostilities.

3. Conduct of the civil defence in the territory of the Russian Federation or in its individual localities shall start from the moment of declaration of the status of war, actual start of hostilities or introduction by the President of the Russian Federation of the martial law in the territory of the Russian Federation or in its individual localities.

CHAPTER II. POWERS OF THE STATE AUTHORITIES OF THE RUSSIAN

FEDERATION IN THE DOMAIN OF CIVIL DEFENSE

Article 5. Powers of the President of the Russian Federation

The President of the Russian Federation shall: approve the Civil Defence Plan of the Russian Federation; enforce the Civil Defence Plan of the Russian Federation in the territory of the

Russian Federation or in its individual localities in the full volume or partially;

approve the structure, composition of the civil defence troops and staff quantity of military persons of the civil defence troops, approve the Regulations on the civil defence troops; exercise other powers in the domain of civil defence in compliance with the

Legislation of the Russian Federation.

Article 6. Powers of the Government of the Russian Federation

The Government of the Russian Federation shall: provide conduct of the unified State policy in the domain of civil defence; manage the arrangement and conduct of civil defence; issue legal acts in the domain of civil defence and arrange development of the draft

Federal laws in the domain of civil defence; define the procedure of attribution of the territories to civil defence groups pending on the quantity of the population living in it and availability of the organizations playing essential role in the economy of the State or impacting the security of population, as well as the organizations in the civil defence categories depending on the role in the economy of the State or impact on the security of population; define the procedure of creation of shelters and other facilities of civil defence, as well as the procedure of accumulation, storage and use for civil defence purposes of the reserves of the material-technical, food, medical and other means; exercise other powers in the domain of civil defence in compliance with the

Legislation of the Russian Federation and Decrees of the President of the Russian

Federation.

Article 7. Powers of the Federal Executive Authorities in the Domain of Civil

Defence

The Federal executive authorities within their terms of reference and under the procedure fixed by the Federal laws and other legal acts of the Russian Federation shall:

adopt normative acts in the domain of civil defence, bring their requirements to the notice of organizations and control their fulfilment; develop and realize civil defence plans, coordinated with the Federal executive authority, specially authorized for accomplishment of the tasks in the domain of civil defence, organize conduct of activities on civil defence, including preparation of necessary forces and means; realize measures targeted at safe keeping of the facilities essential for stable functioning of the economy and survival of population in the time of war; create and maintain in the condition of continuous availability the civil defence technical control systems; create and maintain for the purposes of civil defence the reserves of materialtechnical, food, medical and other means.

CHAPTER III. POWERS OF THE EXECUTIVE AUTHORITIES OF THE

CONSTITUENTS OF THE RUSSIAN FEDERATION, LOCAL GOVERNMENTAL

BODIES AND ORGANIZATIONS, RIGHTS AND OBLIGATIONS OF THE

CITIZENS OF THE RUSSIAN FEDERATION IN THE DOMAIN OF CIVIL

DEFENSE

Article 8. Powers of the Executive Authorities of the Constituents of the Russian

Federation and Local Governmental Bodies in the Domain of Civil Defence

In the corresponding territories the executive authorities of the constituents of the

Russian Federation and the local governmental bodies within their terms of reference and under the procedure, fixed by the Federal laws and other legal acts of the Russian Federation, shall: organize the conduct of civil defence activities, develop and realize plans for civil defence; implement measures on maintenance of the civil defence forces, management bodies of civil defence in the condition of continuous availability;

organize training of civil defence organizations and schooling of population in the techniques of protection against the hazards occurring during prosecution of hostilities or as a consequence of these hostilities; create and maintain in the condition of continuous availability for use the technical control systems of civil defence and civil defence facilities; carry out activities on preparation to evacuation of population, material and cultural values to safe areas, their location, deployment of the treatment and other institutions necessary for the top priority supply of the suffered population; carry out activities of maintenance of the stable functioning of organizations in the time of war; create and maintain for the purposes of civil defence reserves of the materialtechnical, food, medical and other means; exercise control over the condition of civil defence.

Article 9. Powers of Organizations in the Domain of Civil Defence

1. Organizations within their terms of reference and under the procedure fixed by the Federal laws and other legal acts of the Russian Federation shall: plan and organize conduct of civil defence activities; carry out activities on maintenance of their stable functioning within the time of war; implement training of their employees in techniques of protection against the hazards occurring during prosecution of hostilities or as a consequence of these hostilities; create and maintain in the condition of continuous availability for use the local systems of public address; create and maintain for the purposes of civil defence reserves of material-technical, food, medical and other means;

2. The organizations having potentially hazardous production facilities and operating them, as well as those of important defensive and economic value or representing a high degree of hazard of occurrence of emergencies within the time of war and peace shall create civil defence organizations and maintain them in the

condition of continuous availability. The procedure of determination of such organizations shall be established by the Government of the Russian Federation.

Article 10. Rights and Obligations of the Citizens of the Russian Federation in the

Domain of Civil Defence

The citizens of the Russian Federation in compliance with Federal laws and other legal acts of the Russian Federation shall: undergo training in the techniques of protection against the hazards occurring during prosecution of hostilities or as a consequence of these hostilities; take part in the conduct of other activities of civil defence; provide assistance to the State authorities and organizations in the accomplishment of tasks in the domain of the civil defence.

CHAPTER IV. CIVIL DEFENSE MANAGEMENT

Article 11. Civil Defence Management

1. Civil defence management in the Russian Federation shall be effected by the

Government of the Russian Federation.

2. Civil defence management in the Federal executive authorities and organizations shall be effected by their managers being in the position of the civil defence heads of the mentioned authorities and organizations.

3. Civil defence management in the territories of the constituents of the Russian

Federation and municipal formations shall be correspondingly effected by the heads of the executive authorities of the constituents of the Russian Federation and managers of the local governmental bodies being by the position the civil defence heads.

4. The civil defence heads shall bear personal responsibility for arrangement and conduct of civil defence activities in the Federal executive authorities in the corresponding territories and organizations.

5. The civil defence heads within their terms of reference and in accordance with the established procedure shall be entitled to: enforce the corresponding plans on civil defence; take decisions on evacuation of the population, material and cultural values to safe areas; issue orders on the matters of civil defence.

Article 12. Authorities Executing Civil Defence Management

1. The authorities executing the civil defence management shall be: the Federal executive authority specially authorized for the accomplishment of tasks in the domain of civil defence and its territorial bodies created in accordance with the established procedure; structural sub-divisions of the Federal executive authorities specially authorized for accomplishment of tasks in the domain of civil defence; structural sub-divisions (employees) of the organizations, specially authorized for accomplishment of tasks in the domain of civil defence, created (appointed under the procedure established by the Government of the Russian Federation.

2. Upon agreement between the Federal executive authority, specially authorized for accomplishment of the tasks in the domain of civil defence, and the constituent of the Russian Federation under the procedure established by the Government of the Russian Federation there may be created bodies effecting civil defence management in the territories of the constituents of the Russian Federation, territories attributed to civil defence groups.

The aforementioned bodies shall be completed with military persons of the civil defence troops who are maintained by the funds assigned out of the Federal

Budget, and with the civil personnel maintained by the funds assigned out of the

Budgets of the constituents of the Russian Federation.

The heads of the aforementioned authorities shall be appointed by the Federal executive authority, specially authorized for the accomplishment of tasks in the domain of civil defence from out of the military persons of civil defence troops upon agreement with the civil defence heads of the constituents of the Russian

Federation, territories attributed to the civil defence groups in compliance with the

Legislation of the Russian Federation.

Article 13. Federal Executive Authority Specially Authorized for Accomplishment of

Tasks in the Domain of Civil Defence

For the purposes of implementation of the State policy in the domain of civil defence the President of the Russian Federation or the Government of the Russian

Federation upon the President’s commission shall define the Federal executive authority specially authorized for the accomplishment of tasks in the domain of civil defence and shall impose on it the implementation of the corresponding normative regulation, as well as with special, permit, supervision and control functions in the domain of civil defence. The Federal executive authority specially authorized for accomplishment of tasks in the domain of civil defence shall have its territorial bodies created under the established procedure.

The powers of the Federal executive authority, specially authorized for accomplishment of tasks in the domain of civil defence, shall be defined by the

Government of the Russian Federation.

Article 14. Civil Defence Services

1. For the carrying out of civil defence activities there shall be created Federal,

Republican, territory (krai), regional, autonomous regional and autonomous district

(okrugs), district and town services of civil defence, as well as the civil defence services of organizations.

2. Decisions on the creation of civil defence services shall be taken by the

Government of the Russian Federation, executive authorities of the constituents of the Russian Federation, local governmental bodies and heads of the organizations in compliance with their powers.

Regulations on civil defence services shall be approved by the corresponding civil defence heads.

CHAPTER V. FORCES OF CIVIL DEFENSE

Article 15. Forces of Civil Defence

1. The civil defence forces shall be the military formations specially designed for accomplishment of tasks in the domain of civil defence, organizationally united in the civil defence troops, as well as the civil defence organizations.

2. The Armed Forces of the Russian Federation, other troops, and military formations shall accomplish tasks in the domain of civil defence in compliance with the Legislation of the Russian Federation.

For the accomplishment of tasks in the domain of civil defence the military units and sub-divisions of the Armed Forces of the Russian Federation, other troops, and military formations shall be summoned under the procedure defined by the

President of the Russian Federation.

3. The wrecking services and the wrecking formations shall be summoned for the accomplishment of tasks in the domain of civil defence in compliance with the

Legislation of the Russian Federation.

Article 16. Principles of Civil Defence Troops Activity

1. The civil defence troops shall be provided with special equipment, as well as the adopted combat guns and cold arms.

2. The military persons of civil defence troops shall be issued identification cards in the established form, confirming their status, and the international differential signs of civil defence.

3. The military persons of civil defence troops may undergo service in the Federal executive authority, specially authorized for the accomplishment of tasks in the domain of civil defence and other bodies executing civil defence management under the procedure fixed by the Legislation of the Russian Federation.

4. The activity of civil defence troops, their manning with military persons of civil defence troops and civil personnel, social security of the military persons of civil defence troops and members of their families, as well as financing of the civil

defence troops activity shall be realized in compliance with the Legislation of the

Russian Federation.

5. The activity of civil defence troops shall be implemented from the moment of declaring the state of war, the actual start of hostilities or the introduction by the

President of the Russian Federation of martial law in the territory of the Russian

Federation or in its individual localities, as well as in a time of peace during natural disasters, epidemics, epizooties, major accidents, catastrophes threatening the health of population and requiring for performance of wrecking and other pressing activities.

Article 17. Civil Defence Organizations

1. The civil defence organizations shall be created by the organizations mentioned in Clause 2 of Article 9 of the present Federal Law. The procedure of creation and activity of the civil defence organizations shall be defined by the Government of the

Russian Federation.

2. The civil defence organizations can be manned with the citizens of the Russian

Federation: men of an age from 18 to 60 years old, women of an age from 18 to 55 years old except for the persons subject to the draft, those having mobilization instructions, invalids of groups I, II and III, pregnant women, having children of an age under eight years old, as well as the women who have received vocational or higher medical education, having children at the age under three years.

CHAPTER VI. FINAL PROVISIONS

Article 18. Financing of Civil Defence Activities

1. Financing of civil defence activities shall be affected in compliance with Federal laws and other legal acts of the Russian Federation.

2. The costs of preparation and conduct of civil defence activities including creation and maintenance of the reserves of material-technical, food, medical and other

means, borne by the executive authorities of the constituents of the Russian

Federation, local governmental bodies and organizations shall be reimbursed under the procedure defined by the Government of the Russian Federation. Article 19.

Responsibility for Infringement of the Legislation of the Russian Federation in the

Domain of Civil Defence

Non-compliance by the officials and citizens of the Russian Federation of the responsibilities in the domain of civil defence shall entail responsibility in compliance with the Legislation of the Russian Federation.

Article 20. Enforcement of the Present Federal Law

1. The present Federal Law shall become effective from the date of its official publication.

2. Other legal acts of the Russian Federation shall be subject to adjustment in compliance with the present Federal Law.

President of the Russian Federation

City of Moscow, The Kremlin

B. Yeltsin

February 12, 1998

№ 28ФЗ

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