RUSSIAN FEDERATION
Draft
FEDERAL LAW
“ON CREATION AND APPLICATION OF SPACE MEANS
IN THE INTERESTS OF DEFENSE AND SECURITY OF THE RUSSIAN
FEDERATION”
Summary:
This draft law defines the legal basis of both military and dual-use space platforms in the context of
increasing the security and defensive capacity of the Russian Federation.
The draft elaborates the basic concepts, legal principles, the goals and principles of both creating and
applying military and dual use technologies, and also addresses applications for the armed forces.
The draft then deals with state regulation. State regulation includes: practical procedures such as arranging
for the receipt and sharing of data feeds; control of the creation and application of military and dual use
means; financing of space related activity; the certification of military and dual use means; the procedure for
using land areas allocated for space-related infrastructure; ecological issues; ensuring compliance with
relevant laws and enforcing those laws.
The present Federal Law defines legal fundamentals of the national policy in the sphere of creation
and application of military-oriented and dual-use space means for the purposes of strengthening the
defensive capacity and security of the Russian Federation.
CHAPTER I. GENERAL PROVISION
Article 1. Basic Concepts
The basic concepts used for the purposes of the present Federal Law are the following ones:
Military-oriented space means shall include the space-system equipment and weapons, specially
created and used for accomplishing defensive and security tasks of the Russian Federation in outer space
and from it;
dual-use space means shall include space systems, complexes and facilities to be used for the
purposes of defense and security of the Russian Federation, as well as for scientific and (or) socialeconomic purposes and corresponding requirements impinging on military-oriented space means;
creation of military-oriented and dual-use space means for the purposes of defense and security of
the Russian Federation (hereinafter referred to as creation of military-oriented and dual-use space means)
shall include the development, production, development verification and flight tests of preproduction models
of military-oriented and dual-use space means and their acceptance in service; application of militaryoriented and dual-use space means for the purposes of defense and security of the Russian Federation
(hereinafter referred to as application of military-oriented and dual-use space means) shall imply intended
utilization of military-oriented and dual-use means, including preparation, launching, functioning control,
maintenance of the mentioned space means in the installed composition and condition and other activity
related therewith.
Article 2. Legal Governing of Relations in the Sphere of Creation and Application of MilitaryOriented and Dual-Use Space Means
The relations in the sphere of creation and application of military-oriented and dual-use space means
for the purposes of defense and security of the Russian Federation (hereinafter referred to as creation and
application of military-oriented and dual-use space means) shall be governed by the Constitution of the
Russian Federation, by the generally recognized principles and norms of the international law, by the
international treaties of the Russian Federation, by the given Federal Law, by other federal laws and different
legal аcts of the Russian Federation, as well as by the Military Doctrine of the Russian Federation.
Article 3. Goals and Basic Principles of Creation and Application of Military-Oriented and Dual-Use
Space Means
1. In accordance with the generally recognized principles and norms of the international law, creation
and application of military-oriented and dual-use space means shall be based on the inherent right of the
Russian Federation to individual and collective self-defense if a foreign state is the first to have used armed
force against the territorial integrity, political independence or sovereignty of the Russian Federation, or in
some other way inconsistent with the United Nations Charter, as well as to ensure compliance of the
Russian Federation with its obligations in the sphere of assuring defense and security in the face of the
foreign states being the parties to the same corresponding international treaties as the Russian Federation.
2. Creation and application of military-oriented and dual-use space means shall be implemented for
the following purposes:
enhancement of action efficiency of the Armed Forces of the Russian Federation, of other troops and
military formations of the Russian Federation in the periods of war and peace;
accomplishment of tasks on prevention of potential use of armed force, when a foreign state is the
first to have used armed force against territorial integrity, political independence or sovereignty of the
Russian Federation or some other way inconsistent with the United Nations Charter, as well as other inspace and space threats to the National interests of the Russian Federation;
control over fulfillment of the international treaties of the Russian Federation on restriction and
reduction of armaments, including prevention of proliferation of the mass destructive weapons in outer
space;
retention and strengthening of the Russian Federation positions, as one of the leading space powers
in the geopolitical, economic and technological aspects.
3. The basic creation principles of military-oriented and dual-use space means include the following:
special development and production procedure of military-oriented space means, as well as the
procedure of their acceptance as equipment, defined by the legal acts of the Government of the Russian
Federation and Federal Executive Authority for Defense;
special procedure for development and production of dual-use space means, as well as their
acceptance in service, defined by the legal acts of the Government of the Russian Federation, Federal
Executive Authority for Defense and Federal Executive Authority for Space Activity;
assurance of reliability and efficiency levels of military-oriented and dual-use space means, their
stability to various natural and artificial factors, life time capacity, recoverability and modernization potentials,
set by the State customer;
predominant orientation to the promising technologies, domestic production and experimental test
base.
4. The basic application principles of military-oriented and dual-use space means include the
following ones:
centralization of planning and unified control over application of military-oriented and dual-use space
means, exercised by the Federal Executive Authority for Defense;
advance deployment of space vehicles groups in the orbits and required ground space infrastructure,
and their continuous maintenance in the installed composition and condition;
predominant multi-purpose application of military-oriented and dual-use space means in the interests
of the Armed Forces of the Russian Federation, of other troops and military formations of the Russian
Federation;
retention of the right of the Russian Federation to adequate response measures, if its National
interests are threatened in the outer space;
provision of technical and technological independence in the creation and application of militaryoriented and dual-use space means from foreign countries as well as adequacy of forces, funds and
resources, required for defense of the State’s interests;
maximum integration of military-oriented and dual-use space means with the armaments systems of
the Armed Forces of the Russian Federation, of other troops and military formations of the Russian
Federation;
exclusion of unofficial utilization of military-oriented and dual-use space means.
CHAPTER II. PARTICULARS OF THE STATE REGULATION IN CREATION AND APPLICATION OF
DUAL-USE AND MILITARY MEANS
Article 4. Characteristics of Development, Production and Service Acceptance of Military-Oriented
and Dual-Use Space Means
1. Military-oriented and dual-use space means shall be created within the framework of the State
defense order on development, production and supply of armaments and military equipment in the course of
scientific-research, scientific experimental and development work, test and serial production.
The dual-use space means shall be included in the Space Section of the Federal Program on
Development, Creation and Production of Armaments and Military Equipment and in the Federal Space
Program of the Russian Federation.
The critical indices of the military-oriented and dual-use space means shall be updated in the State
defense order for development, production and supply of armaments and military equipment for the
successive year.
2. Development, production and service acceptance of dual-use space means for accomplishment of
the defensive and security tasks of the Russian Federation shall be exercised under the procedure for
military-oriented space means fixed by the Government of the Russian Federation.
3. The list of developed, produced and used (operated) space systems, complexes and dual-use
means for accomplishing defensive and security tasks of the Russian Federation shall be approved by the
president of the Russian Federation as proposed by the Federal Executive Authority for Defense upon
agreement with the Federal Executive Authority for Space Activity.
4. The list of dual-use space means, included in the Space Section of the Federal Program on
Development, Creation and Production of Armaments and Military Equipment, shall be coordinated by the
Federal Executive Authority for Defense with the Federal Executive Authority for Space Activity, and the list
of dual-use space means, included in the Federal Space Program of the Russian Federation, shall be
coordinated by the Federal Executive Authority for Space Activity with the Federal Executive Authority for
Defense.
5. The state customers, specified in Clause 7 hereof, jointly with the Federal Executive Authority for
Communication shall take measures on international legal protection of orbital frequency positions and
frequency assignments to radio-electronic facilities during development, production and service acceptance
of dual-use space means under the procedure, established pursuant to the legislation of the Russian
Federation.
6. Attachment of dual-use status to the newly developed or accepted as equipment (for service) dualuse space means shall be exercised upon proposal of the Federal Executive Authority for Defense,
coordinated with concerned federal executive authorities at making a decision on development or
acceptance of this space means as equipment (in service).
7. The Federal Executive Authority for Defense shall be the State customer of military-oriented space
means, as well as of the dual-use space means included in the Space Section of the Federal Program on
Development, Creation and Production of Armaments and Military Equipment. The Federal Executive
Authority for Space Activity shall be the State customer of dual-use space means included in the Federal
Space Program.
8. Placement of the State order for development, production and supply of dual-use space means
within the Federal Space Program of the Russian Federation shall be implemented by the Federal Executive
Authority for Space Activity jointly with the Federal Executive Authority for Defense.
9. The Federal Executive Authority for Defense shall enjoy priority rights during placement of the
dual-use space means supply order.
10. Formalization of the State order (contract) for development, production and supply of militaryoriented and dual-use space means by the State customer with the prime performer of the State defense
order shall be exercised pursuant to the Federal Laws “State Defense Order” and “Supplies of Products for
the Federal State Needs”
11. The Federal Executive Authority shall exercise Service acceptance of military-oriented space
means for Defense upon results of the State flight tests.
12. Service acceptance of dual-use space means shall be implemented by the Federal Executive
Authority for Defense jointly with the Federal Executive Authority for Space Activity under the procedure fixed
for military-oriented space means.
13. Quality control and service acceptance of dual-use space means shall be implemented by the
Federal Executive Authority for Defense under the procedure established by the Government of the Russian
Federation.
Article 5. Procedure and Peculiarities of Preparation, Launching and Application of Military-Oriented
and Dual-Use Means
1. Application of military-oriented space means shall be planned, organized and implemented by the
Federal Executive Authority for Defense. Application of dual-use space means shall be planned, organized
and implemented by the Federal Executive Authority for Defense jointly with the Federal Executive Authority
for Space Activity.
2. Preparation and launching of dual-use space means in the interests of the Federal Executive
Authority for Defense with involvement of facilities being under the jurisdiction of the Federal Executive
Authority for Space Activity, as well as preparation and launching of dual-use space means for the scientific
and social-economic purposes with involvement of facilities, being under the jurisdiction of the Federal
Executive Authority for Defense, shall be made under the procedure defined by the Government of the
Russian Federation.
3. Planning of dual-use space means application shall be implemented by the Federal Executive
Authority for Defense jointly with the Federal Executive Authority for Space Activity including distribution of
the mentioned means resource endorsed by the Government of the Russian Federation. The tasks
accomplished in the defensive and security interests of the Russian Federation shall underlie at that.
Reception of information from the dual-use space viewing facilities, accepted as equipment, shall be
exercised with the means of the Federal Executive Authority for Defense.
Attraction of other facilities for data receiving from the mentioned space means and its transfer to
consumers shall be made upon agreement with the Federal Executive Authority for Defense.
Receipt, transfer and use of information from the dual-use space viewing facilities for the scientific
and social-economic purposes shall be exercised under the procedure defined by the Government of the
Russian Federation.
4. Required space means as well as facilities (elements) of the ground space infrastructure of the
social-economic purpose can be attracted for accomplishing tasks in the defensive and security interests of
the Russian Federation in the cases, envisaged by the legislation of the Russian Federation.
5. Application of dual-use space means shall be implemented by the Federal Executive Authority for
Defense upon agreement with the Federal Executive Authority for Space Activity subject to specificity of the
mentioned means, interaction of the parties, participating in their use, and rendered consumer services.
6. The military-oriented space means shall underly any application in comparison to the space
means applied for the scientific and (or) social-economic purposes unless otherwise provided with the legal
acts of the Government of the Russian Federation.
7. Application of military-oriented and dual-use space means and the relevant infrastructure for the
scientific and social-economic purposes, as well as for the sake of the international cooperation in the cases
not contradicting to the defensive targets of the Russian Federation, shall be exercised by the Federal
Executive Authority for Defense in accordance with the plans and applications of the Federal Executive
Authority for Space Activity as well as of other federal executive authorities, participating in the space
activities.
8. Application of military-oriented and dual-use space means and the relevant ground space
infrastructure, as well as the procedure of their use on behalf of foreign states shall be defined by the
Government of the Russian Federation unless otherwise envisaged with the international treaty of the
Russian Federation.
9. Application of dual-use space means for the scientific and social-economic purposes shall be
exercised by the Federal Executive Authority for Space Activity upon agreement with the Federal Executive
Authority for Defense; and at that the information on application and technical condition of the mentioned
means in the agreed scope shall be passed to the Federal Executive Authority for Defense.
10. The Russian Federation shall exercise military cooperation with foreign states in the sphere of
application of military-oriented and dual-use space means on the basis of widely recognized principles and
norms of international law and international treaties of the Russian Federation.
11. Provision of dual-use space means resource (results of their application) to Russian and foreign
consumers shall be exercised under the procedure envisaged with the legislation of the Russian Federation,
governing the matters of foreign trade activity, military and technical cooperation of the Russian Federation
with foreign states, non-proliferation of missile technologies and export control.
12. Assignment of consumers’ acquired rights to enjoyment of dual-use space means resource
(results of their application) to other parties shall be admitted exclusively upon consent of the Federal
Executive Authority for Defense and the Federal Executive Authority for Space Activity on the basis of
agreements (contracts) concluded under the established procedure.
Assignment (transfer) of consumers’ acquired rights to results of the intellectual activities in the
sphere of space technologies, owned by the Russian Federation, shall be exercised under the procedure
established by the Government of the Russian Federation.
13. Responsibility for mobilization availability of dual-use space means shall be born by the Federal
Executive Authority for Defense and the Federal Executive Authority for Space Activity.
Article 6. Control of Activities on Creation and Application of Military-Oriented and Dual-Use Means
1. To provide immediate management and control of creation and application of military-oriented and
dual-use space means there may be created relevant military formations in the composition of the Armed
Forces of the Russian Federation based on the legal acts of the President of the Russian Federation. The
structure, tasks and functions of the created military formations shall be defined by the legal acts of the
President of the Russian Federation and by the Federal Executive Authority for Defense within its
competence.
To accomplish individual tasks by the Federal Space Program and long-term space programs of the
Russian Federation temporary there may be created military formations on the basis of the legal acts of the
President of the Russian Federation.
2. Procedure for preparation, realization and provision of the carrier rockets launched with space
vehicles for the defensive and security purposes of the Russian Federation and their flight control in the
periods of war and peace shall be regulated by the guiding documents of the Federal Executive Authority for
Defense.
3. On-line control of military-oriented space means shall be exercised by the Federal Executive
Authority for Defense. On-line control of dual-use space means shall be exercised by the Federal Executive
Authority for Defense and the Federal Executive Authority for Space Activity under the procedure defined by
the Government of the Russian Federation.
4. Protection of intellectual activity results obtained in the course of development of dual-use space
means or the results of the earlier performed scientific research, scientific experimental and development
work of the military, special and dual purposes, utilized during development and production of dual-use
space means, as well as disposal of the rights to the mentioned results in the process of the product’s
export, international co-operation in the sphere of research and use of the outer space, rendering of contract
services in the sphere of space activities shall be exercised under the procedure defined by the legislation of
the Russian Federation.
Article 7. Financing Procedure of Creation of the Military-Oriented and Dual-Use Means
1. Financing of development, production and utilization of military-oriented space means shall be
exercised under the procedure, envisaged for the State defense order out of the Federal Budget funds,
assigned to the Federal Executive Authority for Defense.
2. Financing of development, production and utilization of dual-use space means shall be exercised
out of the Federal Budget funds, assigned to the Federal Executive Authority for Defense, Federal Executive
Authority for Space Activity and other concerned federal executive authorities, as well as out of the attracted
off-budget funds including the funds of consumers of the services, rendered with use of the mentioned funds.
3. The total financing volume shall be defined by the Federal Budget of the corresponding year. The
funds for creation of military-oriented and dual-use space means shall be distributed among the work
performers pursuant to the State contracts.
4. In the course of creation of dual-use space means within the Federal Space Program there may
be obtained other financing sources.
5. For the purposes of consolidating the efforts and resources, aimed at expediting the creation and
improving the utilization efficiency of military-oriented and dual-use space means, the Federal Executive
Authority for Defense jointly with other federal executive bodies may create off-budgetary foundations, as
well as directorates for co-ordination of work by the particularly important space projects and programs and
to attract other off-budgetary financing sources under the procedure, envisaged by the legislation of the
Russian Federation.
6. The monetary funds, obtained due to disposal of the rights to the intellectual activities results,
owned by the Russian Federation (in the part of the space activity), shall be forwarded to the Federal
Executive Authority for Defense for implementation of creation and utilization of military-oriented and dualuse space means.
7. To finance the development, production and utilization of dual-use space means the Federal
Executive Authority for Defense and the Federal Executive Authority for Space Activity may use the funds,
received from military and technical cooperation in the sphere of space activities of the Russian Federation
with foreign states, international cooperation in the sphere of research and use of space, rendering of
contract services in the sphere of space activities, as well as the funds, obtained from other types of
activities in this sphere under the procedure, established by the legislation of the Russian Federation.
Article 8. Licensing of Space Activity for the Defensive and Security Purposes of the Russian
Federation
Licensing of space activity for the defensive and security purposes of the Russian Federation shall
be exercised in accordance with the legislation of the Russian Federation and other legal acts of the Russian
Federation.
Article 9. Certification of Military-Oriented and Dual-Use Means and Other Facilities Applied for the
Defensive and Security Purposes of the Russian Federation
1. The space technology, equipment and devices, information and software products, used during
their production, tests and application, systems of production quality assurance, space infrastructure
facilities, applied for the defensive and security purposes of the Russian Federation, shall be subject to
mandatory certification in accordance with the legislation of the Russian Federation.
2. Certification of military-oriented and dual-use space means shall be arranged by the State
customer of these means in accordance with the legislation of the Russian Federation.
Article 10. Procedure for Use of the Land Areas Allocated for Space Infrastructure Facilities and
Used for Military-Oriented and Dual-Use Means
1. The land areas, allocated for space infrastructure facilities and used for military-oriented and dualuse space means, including the adjacent alienation zones, as well as the land plots, allocated for assurance
of security during fall of the carrier rocket separating parts, shall be in the Federal ownership and used by the
Federal Executive Authority for Defense in accordance with the legislation of the Russian Federation.
2. Boundaries of the area landing grounds for the military-oriented and dual-use space means shall
be defined by the Government of the Russian Federation, unless otherwise envisaged with the international
treaty of the Russian Federation.
Use of these land areas shall be exercised under the procedure, established by the Government of
the Russian Federation, unless otherwise envisaged with the international treaty of the Russian Federation.
3. As per the international treaties of the Russian Federation special security functioning regime of
space infrastructure facilities, including establishment of the controlled and (or) closed prohibited areas along
the boundaries of the grounds territory, restrictions on public entry (or exit) and other ones can be
established in the territory of the grounds, located in the foreign state areas and used in the interests of the
military-oriented and dual-use space means, unless otherwise provided with the international treaty of the
Russian Federation.
4. In order to provide security of navigation and protect the interests of the Russian Federation at the
launch of carrier rockets to carry military-oriented and dual-use space means into outer space from the water
body of the world ocean, the Russian Federation may set the areas prohibited for navigation and the areas
temporarily hazardous for navigation, where navigation and anchoring of all vessels and warships, flyby,
hovering and landing (landing on water) of aircraft and other activity are totally prohibited or temporarily
restricted.
Decision on setting the areas, prohibited for navigation and temporarily hazardous for navigation,
their opening for navigation, as well as the rules for such areas shall be adopted by the Government of the
Russian Federation upon representation of the Federal Executive Authority for Defense.
The mentioned decision of the Government of the Russian Federation shall become effective after its
advance publication in “Messages to Navigators”. The boundaries of the areas, prohibited and temporarily
hazardous for navigation, shall be displayed on the navigation maps, published by the Federal Executive
Authority for Defense.
Article 11. State Ecological Control at Creation and Application of Military-Oriented and Dual-Use
Means
1. The State ecological control of the creation and use of military-oriented and dual-use space means
shall represent a system of measures targeted at prevention, identification and elimination of breaches of the
applicable international norms and standards or laws, standards and rules of the Russian Federation or
applicable international treaties of the Russian Federation, related to environmental protection.
2. The State ecological control shall be exercised by the Federal Executive Authority for
Environmental Protection with involvement of other federal executive authorities under the procedure,
defined by the legislation of the Russian Federation.
3. At occurrence of threat to security of population and environment in the course of creation and
application of military-oriented and dual-use space means, the Federal Executive Authority for Defense and
the Federal Executive Authority for Space Activity shall immediately inform the corresponding State
authorities, as well as organizations and citizens about that.
4. In case, if the activity on creation and application of military-oriented and dual-use space means
led to occurrence of an emergency situation, the information on measures taken by the Federal Executive
Authority for Defense and the Federal Executive Authority for Space Activity shall be presented to the
Federal Executive Authority for Environmental Protection, Federal Executive Authority for Civil Defense,
Emergencies and Liquidation of Natural Disaster Consequences, as well as to the executive authorities of
the corresponding subjects of the Russian Federation.
5. Investigation of ecological violations for the purposes of compensating the damage, caused on the
environment, shall be exercised by the Federal Executive Authority for Environmental Protection, Federal
Executive Authority for Defense, and the Federal Executive Authority for Space Activity within their
competence.
CHAPTER III. ASSURANCE OF COMPLIANCE WITH PROVISIONS OF THE PRESENT FEDERAL LAW
Article 12. Responsibility for Breach of the Present Federal Law
Officials of the federal executive authorities, executive bodies of the subjects of the Russian
Federation, having caused or causing damage by their actions to the Russian Federation on creation and
(or) application of military-oriented and (or) dual-use space means, shall be brought to administrative or
criminal responsibility in compliance with the legislation of the Russian Federation, pending on the character
of the violation, gravity of its consequences and size of the caused damage.
Article 13. Adjustment of the Legal Acts in Compliance with the Present Federal Law
The president of the Russian Federation shall be proposed and the Government of the Russian
Federation shall be entrusted with adjustment of their legal acts in compliance with the present Federal Law.
Article 14. Procedure of Enforcement of the Present Federal Law
The present Federal Law shall be effective from the date of its official publication.
President of the Russian Federation