Overview of SpaceLaw in the States ofthe Post-soviet area
By Dr. Prof. Nataliya MALYSHEVA,Presentation on Keio Center for Space Law
workshop celebrating the Research
Agreement between International Center forSpace Law, Kyiv, Ukraine and Keio Center forSpace Law, Japan (Tokyo, 6th March 2013)

Map before dissolution of theUSSR

New Independent Statesas Successors of Soviet UnionSpace Activities and Space Law• USSR was a pioneer in many space researches and spaceindustry.
• Space activities in the USSR were developed in theframework of the united All-Union economic complex. The
majority of 15 republics had its segment in this complex.
None of them carried out a complete cycle of space activity.
The republics played the role of “screws of unitedmechanism” controlled from the common center.
• The space system represented one of few sectors being
under the exclusive jurisdiction of the All-Union.
• State control under space activities was exercised by theAll-Union ministries.
• The space property in the USSR was unique and indivisible.

Retrospective Analysis of the USSR
Participation in the UN Treaties
relative Space Activities
Title of the Treaty

Date ofsignature

Date ofratification

Treaty on Principles Governing theactivities of States in the Exploration
and use of Outer Space (Outer SpaceTreaty)1967

27.01.
1967

10.10.
1967

Agreement on the Rescue ofAstronauts, the Return of Astronauts
and the Return of Objects Launched
into Outer Space (Rescue Agreement)
1968

22.04.
1968

3.12.
1968

Convention on International Liabilityfor Damage Caused by Spaces Objects(Liability Convention) 1972

29.03.
1972
17.06.
1975

9.10.
1973
13.01.
1978

Convention on Registration of Objects
Launched into Outer Space(Registration Convention) 1975

New Independent States of Europe,
Middle Asia, Caucasus established afterdissolution of the USSR
• Azerbaijan• Armenia• Belarus• Estonia• Georgia• Kazakhstan• Kyrgyzstan• Lithuania• Leetonia• Moldova• RussianFederation• Tajikistan• Turkmenistan• UkrainePRINCIPLES OF DIVISION
SUCCESSIONUSSR —
15 NEW
INDEPENDENTSTATESCONTINUITYUSSR —RUSSIANFEDERATIONCIS agreements and other documentson order of “continuity”: USSR - RF
Treaty on Succession related ExternalState Debt and Assets of the former
USSR

4 December
1991
amended
13 March 1992

Agreement about Property of the former
USSR abroad

30 December
1991

Agreement on Division of all Property
abroad of the former Soviet Union

6 July1992

Statement of «twelve» about Future 23 December
Status of Russia and other Former Soviet 1991
Republics
Message of Russian President Boris
Eltsine to UN General Secretary

24 December
1991

Membership in the UN Committee on
the Peaceful Use of Outer Space
Russian Federation

From 1958

Republic of Kazakhstan

From 1994

UkraineFrom 1994

UN Outer Space Treaties
countries

OuterSpace
TreatyRescueLiability
Agreement Convention

Registration Moon
Convention Agreement

Azerbaijan
Armenia
BelarusR

Georgia
Kazakhstan

R

R

R

R
R

R

R

R

R

R

R

R

R

R

R

RKyrgyzstan
Moldova
RussianFederationTajikistan
Turkmenistan
UkraineUzbekistan

RNational Space Programsin the countries of NIS• RF: Federal Space Program on 2006-2015 - adopted by theGovernment of the Russian Federation (2005); modificationfor 2013-2020.
• Ukraine: 5-th State scientific and technical Space Programon 2013-2017 – submitted to Parliament of Ukraine (2013).
• Kazakhstan: Second State Program of Space Activities
Development to 2020 – adopted by Government andStrategic Plans for each 3 years• Belarus: Second National Program of exploration and use ofOuter Space on the peaceful purposes on 2013-2017 and4-th Joint Space Program RB and Russian Federation• Azerbaijan: State Program of creation and development ofSpace Industries in Azerbaijan Republic – adopted byPresident (2009).

Space administrations in the NIS
countries
RF

Federal Space Agency(Roskosmos)

1992 (2004)

UkraineNational Space Agency (from 2012
– State Space Agency)

1992

Kazakhstan National Space Agency of the2007

Belarus

National Council of Outer Space
attached to the Council ofMinisters

1999

GeorgiaSpace Agency attached to theMinistry of Transport andCommunications

2003

Tajikistan

National Space Agency

1998

Republic of Kazakhstan(Kazkosmos)

Space administrations in the NIS
countriesAzerbaijan

National Aerospace Agency attached to
the Ministry of Defence Industry

197419922006

Uzbekistan

Uzbek State Agency on Space
Exploration (Uzbekkosmos) attached to
the Cabinet of Ministries,
Center on Space Explorations of theAcademy of Sciences

19922002

Armenia

State Committee of cadastre andimmobility attached to the Governmentof the Republic of Armenia

Kyrgyzstan

Ministry of external commerce andindustry of Kyrgyzstan

Turkmenistan

National Space Agency

20022011

National Space Legislation in the NIS
Special Space related laws:• Russian Federation: Federal Law On
space activities 20 August 1993 (withamendments 29.11.1996, 10.01.2003,05.03.2004, 22.08.2004, 02.02.2006).

• Ukraine: Law On Space Activities
15 November 1996 (with amendments

16.03.2000, 19.01.2006, 13.05.2010, 09.12.2011,16.10.2012)• Kazakhstan: Law On Space Activities
on 6 January 2012

Other Space related laws andregulations. Russian Federation
Federal laws :• On Navigation Activities (February, 14, 2009)• On Export Control (July, 18, 1999, in the redaction
from November, 29, 2007);• On Districts of Space Objects Falling (draft underconsideration)

Regulations:

Governmental Regulation on licensing of space
activities (February 22, 2012)
Governmental Decree of March 3, 2010 № 116 on
assigning of power on State Commission for testingof spacecrafts in case of accidents during launchingof missiles from the Baikonur Cosmodrome

Other Space related laws andregulations. Ukraine
Ukrainian laws:• On priorities of innovative activities (16.01.2003)• On telecommunications (2003)• On radio-frequency resource (2000)• On geodesic and cartographic activities (1998)• On metrology and metrological activities (1998)• On State Secrets (1994)• On state regulation of technologies transfer (2006)Drafts of laws (in preparation):
On State regulation of remote sensing from Earth;
On satellite navigation

Licensing of Space Activities
RussianFederation

Federal Laws :•On Space Activities (1993),•On Licensing of certain types of Activities(2001);
Decision of the RF Government On Order ofLicensing of the Space Activities (2006)• Order of Roskosmos 25.05. 2007 г. № 51

UkraineLaws of Ukraine:
On Space Activities (1996), On Business
Activities (2000), On Licensing of Certain Typesof Economic Activities (2009)

Kazakhstan

Law and regulations of Kazakhstan:
On Licensing (2007)
Procedure of Licensing of the Activities in thefield of Use of Outer Space, approved byGovernment (2007)

Tajikistan

Law On Licensing of Certain Types of Aactivities(2004)

Subjects and Objects of Licensing
in RussianFederation
Subjects of Types of activities belicensing
licensed
Only legal
persons(from 2006)-creation and production of space technique,space materials, space infrastructure;- installation of space equipment, spaceinfrastructure;-preparation of space objects to launch;-preparation of cosmonauts to flights;- launch and flight management of space objects;- use of space technique, space materials, spaceinfrastructure and space technologies;- international space cooperation of RF.

Subjects and Objects of Licensing
in Ukraine
Subjects oflicensing

Types of activities
be licensed

Only legal persons.

elaboration, testing,production and use of thelaunch-vehicles, their parts,
land management of spacevehicles complexes and theirparts

Activities related toelaboration, testing,production and use of thelaunch-vehicles, including
their launches of whatever
purposes, can be done only bystate enterprises

Subjects and Objects of Licensing
in Kazakhstan
Subjects oflicensing

Types of activities belicensed

All types of activities related to use of
Legal persons
and individuals outer space, including creation,production, use, reparation andmodernization of space-rocket
technique, use of land infrastructure to
their exploitation (ground, commandmeasuring complex, stand base etс).

Registration of Space Objects
launched to Outer Space
The National Registers are createdin:• Russian Federation (successor
after USSR);• Ukraine (from 1995);• Belarus (from 2003);• Kazakhstan (from 2006)

CIS Agreements relating principles ofspace property division and common
space activities of the new independentstates
Agreement on mutual
recognition of rights andregulation of ownership
relations

9 October
1992
Bishkek

On the order of maintenanceand use of space infrastructure
objects for the sake offulfillment of space programs,

15 May1992

Agreement on common
activities in the field ofexploration and use of theOuter space

30 December
1991
Minsk

Space property division• Space infrastructure located on the territory of
the Parties on NIS agreement were recognized
the property of these States.
• Right to use the immovable space objects and topossess the movables space objects aretransferred on the basis of special agreements tothe Strategic Force (Administration of the Head ofSpace Facilities) of the CIS or to the otherinterested parties.
• Intergovernmental Space Council for coordinationof space infrastructure use was established.

Space agreements between
countries of NIS• Agreement on collaboration in theuse of outer space for the peacefulpurposes - by governments of theRepublic Belarus, Republic
Kazakhstan, Republic Kyrgyzstan,
Russian Federation and Republic
Tajikistan (17.02.2000)

Interstate, intergovernmental
Space Programs in the NIS• Interstate RF-Belarus Program “Elaboration and Use of
Prospective Space Means and Technologies on the Profit ofEconomic, Scientific and Technical Development of twoParties” (2004)• Intergovernmental RF-Uzbekistan State Program on
Exploration of Earth and Outer Space on the Peaceful
Purpose (2008);• Bilateral RF-Tajikistan Program on Use by RF of the Opticaland Electronic Station of Discovery and Recognition ofSpace Objects “Window” (2009 – for 25 years)• Program of RF-Ukraine Collaboration in the field ofExploration and Use of Outer Space on 2007-2011 years(2007).

Bilateral IntergovernmentalAgreements between NIS-countries• 15 agreements, memorandums, commons statements are
signed between RF and Ukraine in the outer space field.
Among them:• Agreement on Collaboration in the field of Exploration andUse of Outer Space in Peaceful purpose (27.08.96);• Agreement on Collaboration in the field of Production andExploitation of Space-rocket and Rocket Technique(08.02.95);• Agreement on Moving of Commodities within theFramework of Collaboration in the Outer Space Exploration,Creation and Exploitation of Space-rocket and RocketTechnique (11.02.01);• Agreement on Measures of Technologies Protection in in thefield of Collaboration on Exploration and Use of Outer Spacein Peaceful Purpose and in Creation and Exploitation ofSpace-rocket and Rocket technique (11.06.09).

Bilateral Intergovernmental
Agreements between NIS-countries• Ukraine-Belarus Framework Agreement on Collaboration in
the field of Exploration and Use of Outer Space in PeacefulPurpose (June, 12, 2009)• Ukraine-Azerbaijan Framework Agreement on Collaborationin the field of Exploration and Use of Outer Space inPeaceful Purpose (April, 9, 2009);• Ukraine-Kazakhstan Agreement on Principles ofCollaboration in Joint Space Activities (22.02.93)• Ukraine-Kazakhstan Agreement on Principles ofCollaboration of Government of Ukraine and Government ofRepublic Kazakhstan in realization of space activities(20.01.94)• Ukraine-Kazakhstan Agreement on Collaboration in theSphere of Exploration and Use of Outer Space(14.10.97)

RF-Kazakhstan agreementson Space Center Baykanur• On the Order of Space Center «Baykanur» Use(1992)• On Basic Principles and Conditions of SpaceCenter «Baykanur» Use (1994).
• On a Legal Status of the City «Baykanur» (1995)• On the Order of Cooperation in the Case ofFailures at Starting of Rockets from the Space
Center of Baykanur (18 of November, 1999)• On Collaboration Development toward Effective
Use of the Complex «Baykanur» (2004).

Problems and Prospective• After disintegration of Soviet Union, on territory of the new
independent states there were «fragments» of space industry of
the former state, which is impossible or difficult to use by
separate state• Weak efficacy of agreements on space activities, concluded within
the CIS.
• The growing commitment to bilateral relationships between statesin this field. The special role of Russian Federation in this process.
• The low level of ratification of key UN treaties on Outer Space, theunderestimation of the benefits for countries participating in thesetreaties.
• Absence or lack of national legislations about space activities.
Direct dependence of national space law and space policy to spaceindustry development in the different countries of the region.
• The growing role of space application. Dependence of the legal
regulation of space activities in different countries to their choiceof priorities in this field.