ON CREATION AND APPLICATION OF SPACE MEANS
IN THE INTERESTS OF DEFENCE AND SECURITY OF THE
RUSSIAN FEDERATION
O. A. Belkov
To this very day, research and use of outer space in Russia is implemented in
compliance with the Law on Space Activity dated August 08, 1993, which establishes
the legal and organizational fundamentals of space activity, including those
applicable during defence missions. In the past decade, much has changed in this
domain. Against the background of the militarization of outer space, Russia has
taken its own measures to contain aggression in outer space and out of space. In the
interests of providing military security of the State, space forces were established,
and they have recently been given the status of an independent category of troops.
The bill under consideration is expected to define the legal fundamentals of the
national policy in the sphere of creation and application of military-oriented and dualuse space means for the purposes of strengthening the defence capacity and
security of the Russian Federation. At the same time, the fact that the corresponding
activity is not regarded as self-sufficient is of principal importance. Firstly, it is
governed by the Constitution, the Legislation of the Russian Federation, the generally
recognized principles and norms of international law and the international treaties of
the Russian Federation. Secondly, the bill names control over compliance with the
international treaties of the Russian Federation on the limitation and reduction of
armaments, including prevention of the proliferation of weapons of mass destruction
in outer space. Thirdly, exclusion of the unofficial utilization of military-oriented and
dual-use space means is its central provision. Fourthly, it is developed under strict
environmental control.
These and other provisions establish the rigid framework of the military-space activity
and also make it open to public discretion. The bill, in detailed order, defines the
procedure of development, production and service acceptance of military-oriented
and dual-use space means, as well as the procedure of financing and the powers
and functions of various State authorities on their creation. Thus, it fixes the legal
basis, providing the Parliament and the structures of civil society with an opportunity
to form their attitudes to the military-space activity of the State and to influence it
accordingly.
Approval of the published bill as Law represents an important milestone and a means
of expanding transparency of the State’s military policy. It seems that it should have
been introduced with some clarifications at the stage of discussion. Apparently, it is
feasible to expand the effect of the Law on the total ‘life cycle’ of the space means,
i.e., to include the articles governing the procedure of their utilization. The article on
responsibility for infringements of the future law is too narrow. Whilst it provides for
administrative and criminal sanctions for actions “having caused or causing damage
to the Russian Federation on creation and (or) application of military-oriented and
(or) dual-use space means,”, those committing actions by means of which the
Russian Federation has been caused damage, are able to escape responsibility.