APPROACHES TO REGULATING
RUSSIAN ARCTIC ZONE
THROUGH THE LENSES OF
PUBLIC DISCOURSE
Ekaterina Mikhailova
PhD candidate
Higher School of Economics
mikhaylovaev@yandex.ru
REGULATION OF THE RUSSIAN ARCTIC TODAY
 more than 500 regulatory legal acts on the Arctic are in effect1
 around 50 of them were adopted by the RSFSR and USSR2 entities that ceased to exist a quarter of a century ago
Current Russian regulation of the Arctic zone is fragmented,
contains contradictory and archaic elements
1, 2 Khabrieva
T. & A. Kapustin (2015) On the Phenomenon of Arctic Law in the Context of the Legal
Development of Russia, p.261
SUSTAINABLE DEVELOPMENT &
LEGAL FRAMEWORK FOR THE RUSSIAN ARCTIC ZONE
 Federal law “On the basis of state regulation of social
and economic development of the Russian North” that was in
force from 1996 till 2005 provided a definition of sustainable
development and named creating conditions for it among
principles of regulating Russian Arctic
That definition was as follows: “harmonious development of
production, social services, population and the environment”
MILESTONES OF ARCTIC LAW MAKING IN RUSSIA
1998 - the Federation Council initiated consideration of the bill
“On the Arctic Zone of the Russian Federation”
2013 – Russian Ministry of Regional Development was responsible
for composing a new draft and outsourced that activity to
the Institute of Legislation and Comparative Law under
the Government of the Russian Federation
2013 - a private juridical consulting company prepared another
version of the same law
2014 - Russian Ministry of Economic Development became a new
venue for coordinating Arctic policy and law making. The process
of discussing the content of a new draft law started
APPROACHES TO THE ARCTIC DRAFT LAW: THEORY
 Outline law
 Detailed law:
 focused on setting up the Southern boundary of
the Russian Arctic, regulating ecological issues and
indigenous people rights
 focused on providing economic mechanisms of Arctic
development
a combination of regulating traditional issues and
introducing economic mechanisms
APPROACHES TO THE ARCTIC DRAFT LAW: PRACTICE
Draft Law 1998
Draft Law 2013
Russian Arctic policy is…
… an integral part of Russian
Regional Policy
… an integral part of both
Domestic and Foreign Policies of
Russia
The aim of regulating Russian Arctic is…
1) ensuring Russian geopolitical
interests in the Arctic, 2) providing
sustainable development of the
Arctic zone and 3) conservation of
its unique nature
… creating conditions for
comprehensive and equitable
social and economic development
of the Russian Arctic zone
QUOTES DEFINING THE PURPOSE OF
THE ARCTIC LAW: EXECUTIVE BRANCH OF POWER
Dmitry Medvedev, Prime Minister of the Russian Federation:
"to ensure the protection of Russian national interests in the
region”
Alexander Tsybulski, Deputy Minister of Economic
Development:
“to define the limits of the Russian Arctic zone and form
the state Arctic policy there”
QUOTES DEFINING THE PURPOSE OF
THE ARCTIC LAW: LEGISLATIVE BRANCH OF POWER
Yuri Neelov, Member of the Federation Council, Deputy
Chairman of the Expert Council of the Arctic and Antarctic
under the Federation Council:
"to determine what kind of production and which
productive forces should be stationed in the Arctic in
the long run”
QUOTES DEFINING THE PURPOSE OF
THE ARCTIC LAW: BUSINESS LEADERS
Vladimir Engelsberg, vice-president of “Norilsk Nickel”:
“to set up the boundaries of the Russian Arctic, then to
prepare so called Arctic exemptions to various laws”
QUOTES DEFINING THE PURPOSE OF
THE ARCTIC LAW: BUSINESS ADVISORS
Andrei Pushkin, managing partner of a private juridical
consulting agency:
"to create favorable conditions for attracting Russian and
foreign investments in the development of fuel, energy
and transport sectors in the Russian Arctic zone”
QUOTES DEFINING THE PURPOSE OF
THE ARCTIC LAW: ACADEMIA
Mikhail Zhukov, Academic Secretary of the Centre for the
North, the Arctic and the livelihoods of small people of the
North”:
“to overcome negative impacts of the ”Northern price
increase” on competitiveness of regional economies in
the Russian Arctic”
ISSUES THAT ARE PLANNED TO BE COVERED BY
THE NEW ARCTIC DRAFT LAW: I
o social policy in the region
o ensuring and preserving traditional lifestyles of indigenous
peoples in the region
o assessment of industrial impact on the Arctic environment
o labor relations in the Arctic zone
ISSUES THAT ARE PLANNED TO BE COVERED BY
THE NEW ARCTIC DRAFT LAW: II
o special legal regime of economic activities in the Russian Arctic
o governmental support of such activities
o specificity of public-private partnership in the Arctic
o financial instruments for sustainable development in the Arctic
o development of the continental shelf of the Russian Arctic
o formation of a unified Arctic transportation system
o priorities of international cooperation and collaboration in
the field of sustainable development in the Arctic
REASONS FOR SUCH A HARD AND SLOW
LAW-MAKING PROCESS
(1) tension between the executive and the legislative branches
of power;
(2) heterogeneity of opinions within leaders of nongovernmental and business sectors;
(3) absence of an administrative body responsible for
coordination of Arctic development
A RECENT MEANINGFUL CHANGE
On February 3, 2015 State Commission on Arctic Development
was established.
This intersectoral body is supposed to become the key venue for
negotiating and forming state policy on the Arctic.
SUMMARY
Codification of existent legal acts on Russian Arctic and adoption
of the Arctic bill are necessary steps to ensure sustainable
development of Russian Arctic.
The most favorable approach to Arctic law making is forming
an economic detailed law.
The aggregation of lobbying groups is essential, as well as
consistent articulation of their position at various possible
platforms – both traditional and new, within executive and
legislative branches of power.
THANK YOU FOR YOUR ATTENTION!