Russian Arctic – Territory of Rights

With information statement and photos of forum’s plenary meeting you could get acquainted on the web-site of Institute of legislation and comparative law affiliated to the RF government:

In speech on the plenary meeting of A.Y.Kapustin, doctor of laws, first vice-director of Institute of legislation and comparative law affiliated to the RF government and in introduction article of T.Y. Habrieva, vice-president of RAS, academician, honored jurist of the RF, director of the same institute in scientific almanac «Russian Arctic — territory of right» (Moscow, 2014. 280 p.), published to the beginning of forum, there was noticed importance of tradition of special legal regulation in particular territories of the Russian Federation. Development of the Russian Federation Arctic zone (RFAZ) has different levels of legal regulations. Delimitation of matters of authority and power between federal, regional and local levels of public government is current nowadays. Complex comprehensive-legal investigation of the Arctic development is necessary. In the project of recommendations of participants of the 2nd International Arctic legal forum «Preservation and sustainable development of the Arctic: legal aspects» is was underlined, that federal legislation, chief legal acts of the RF territorial entities, which are included in the RFAZ «compose distinct legal and regulatory framework of sustainable development of the region. Global transformations in Russian legislation are not needed» (Recommendations…, p.3). On meetings of the forum it was noted, that it is not referred to Arctic law, as independent branch of Russian law. Special role is paid to legislation of the RF territorial entities. Speaking about federal legislation, there are two positions: to make current legislative changes (№132 — Federal law, July, 28 2012 on NSR) or to enact federal legislation (project of FL «On RFAZ»).

It is evident, that we had to pass a difficult and long way from declared readiness to real results of transformation of Arctic into the territory of rights. And an important first step was already done to understand situation in the Arctic at the interdisciplinary level, — from the position of economy, management, geopolitics, geography, regionology, landscape sciences, social sciences and other scientific disciplines, which representatives together with legalists took active part in discussion of the problems of the RFAZ effective development.

Such a discussion was within four workshops:

• I.    Human Dimension of the Arctic: society and law.

• II.    Cooperation of the state, business in sustainable development of Russian Arctic microregion.

• III.    Use of the Arctic resource potential: legal aspects, innovation approaches.

• IV.    Arctic within the meaning of international law.

Without paying attention to the whole complex of discussed problems, it is now practically impossible here and to do it, that’s why I would like to dwell on touched during discussion on the forum key problems of management — Arctic management.

What do we control? What is considered to be subject to management of Russia in the Arctic?

During speakings at the forum it appeared a problem of primary importance on the way to transform the RFAZ into the territory of right. In speeches of honorable V.A. Vasilyev and A.Y. Kapustin at the plenary meeting in beforehand prepared project of recommendations of the partici- pants of the second international Arctic legal forum nothing was said about the opportunity of adoption of primary federal law «On the Russian Federation Arctic zone». Question on currentness of adoption of such a law «On the RFAZ» was opened by А.А. Klishas, doctor of law, chairman of the Committee of the RF FA Federal Council on constitutional legislation and state construction. This problem was also multiple noticed in workshop meetings, concrete business suggestions on its content were made.

Nowadays there is practically no legal and regulatory framework of the RFAZ management system at the federal level. In neither Russian Empire, nor the USSR, nor in the Russian Federation was not adopted the primary law, which determined the status, structure and boundaries of the Russian Arctic. As a result this is the lack of both legitimate subject of management, but also a matter for scientific inquiries. Investigating some subject field of scientific knowledge each specialist by himself determines subject of the Russian Arctic, its boundaries, what ultimately affects preparation of practical recommendations for Arctic management. For example, in Arctic continental shelf the Sea of Okhotsk is included, which is not and has not been included in aquatic area of the Arctic Ocean (AO). Or the problem of usage of sectoral approach (1926) nowadays is overviewed, which eventually should lead Russia to refuse the ratification of the UN convention on continental shelf, what do we struggle for in such a way?

What do we control, just land ? Russian Federation Presidential Decree from May, 2 2014 no. 296 «On dry lands of the RFAZ» is not well-grounded geopolitically. In the meanwhile, we speak about thalassocratia — marine might of Russia. National interests of the RF are alike sacrificed to departmental bureaucratism represented by former Ministry of Regional Development (statistics was important for record in RFAZ, but it is not priority). Russia is a maritime power, it has a great might — thalassocratia, but it is moved down to the level of tellurocracy (power of dry land). The so called «black hole» is noticed — as though empty space of the Russian Arctic (here — water areas and islands in the Arctic Ocean), what could have irreversible destroying effect for geopolitics, economics and management in the nearest future. Russian permanent presence in the Arctic region as permanently or provisionally is in Russian national interests, s very important and necessary in modern changeable world, when different states lay claim to Arctic resources and communications.

Who rules the Russian Arctic?

The problem is now becoming ever more relevant by the fact that modernization of the Russian Arctic management is becoming dictates of the present time, especially after liquidation of the Ministry of Regional Development. Nowadays the RFAZ happens to be in the situation well known for everyone in famous Russian proverb «too many cooks spoil the broth». When for the Arctic number of state structures at the federal level are responsible, management itself often appears to be out of their care, without reliable verification.

For decades discussions are conducted about creation of the RFAZ Federal authorities. Announcing on the 22nd of April 2014 at the meeting of Security Council on the problem of realization of state politics in Arctic V.V. Putin declared, that we must increase quality of state government and performance of decisions — for it to create single point of responsibility for realization of Arctic politics. «I would like to underline that we need not massive bureaucratic body, but flexible, swiftly working structure, which could help to coordinate ministries’ and authorities’ activities better, of regions of the Russian Federation and business»⁷⁷. Still practical decisions are not adopted, but nevertheless, discussions are still continue. At the forum there were raised questions on creation of Arctic Ministry on the model of the RF Ministry for Development of Russian Far East, the RF Ministry on North Caucasus affairs, Arctic corporation, multiagency commission. Also other variants are being discussed, but still everything is done privately, without public involvement. Meanwhile, the suggestion of Herdísar Þorgeirsdóttur, vice-chairman of European commission for democracy through law (Venice Commission) on right of citizens for getting the information what happens in the Arctic, was for reason.

On interdisciplinary researches in Russian Arctic

Interdisciplinary forum in Saint-Petersburg in November, 13 — 14 2014 showed strategic need in holding of such meetings of representatives of different branches of science, when it is really important to understand each other. For example, in Russian law such definitions as «ma-cro-region» and «the Russian Federation Arctic zone» are practically not used. But it doesn’t mean that they are not used in other branches of science. Arctic not for the first time is called macroregion, great economic and geopolitical area, it was suggested to create Arctic virtual federal district and Arctic union of Russian regions. In official documents of the USA such concept as «re-gion» is employed for the whole Arctic.

In his report at the plenary meeting S.N. Haryuchi, doctor of legal sciences, chairman of Yamalo-Nenets Autonomous area Legislative Assembly paid attention to importance of taking into account climatic, geographical and other conditions of the RFAZ during the process of adoption of legal decisions, to the importance of assertion of citizens’ social rights. On social problems of living in Arctic knowledgeably with skill spoke I.L. Shpector, Chairman of the Commission on local government, Housing and Utilities infrastructure, President of Arctic Circle and the Far North cities union, who for ten years was government executive of Vorkuta. V.B. Mit’ko, president of the Arctic civil academy of sciences, chairman of the RAS Saint-Petersburg department of secession of geopolitics and security analyzed «Legal aspects of Russian geopolitics Arctic challenges».

Wide range of Arctic problematic was represented in workshop meetings of the forum: A.K. Tulohonov , corresponding member of the RAS, doctor of geographical sciences, Honored Scientist of the RF, committee member of the RF FA Federation Council: «Arctic in new geopolitical positions: object, principles of exploitation, law»; V.A. Kryazhkov , doctor of legal sciences, professor of the department of constitutional and municipal law of National Research University — Higher School of Economics, honoured legal worker of the RF: «Perfection of legislation on Northern peoples in the context of Russian politics in the Arctic»; A.V. Shevchuk , doctor of economic sciences, professor of Russian Presidential Academy of National Economy and Public Administration, vice-chairman of the Council for the Study of Production Forces on ecology and nature management: «Socio-economic and ecological aspects of exploitation of Arctic resource potential»; S.V. Makar , doctor of economic sciences, leading researcher of the Center of federative relations economics of Institute of regional researches and problems of spatial development of FSEE HVE «Financial university affiliated to the RF government»: «Vectors of spatial evolution of the Russian Arctic zone in the period of modernization». With specifics and business suggestions were distinguished speeches of business preventatives — P.S. Kondukov , D.V. Mikhailov , S.V. Ribakov , V.V. Sayunov and others. One more curiosity of this forum was in that together with doctors of sciences, professors in works of workshops participated young scientists, post-graduate student and students of universities.

In this article are noticed just some particular problems of transformation of the Arctic into the territory of right (terra — ground). And I would like to add to the word «territory» also Arctic «water area».

In conclusion I would like to express gratitude to D.N. Kobilkin , governor of the Yamalo-Nenets Autonomous area, to his team, and also to Institute of legislation and comparative legal sciences affiliated to the RF government for a great organization an successful conduction of the Arctic forum.

P. S. Adoption of primary federal law «On the Russian Federation Arctic zone» is still a current issue. What is Russian Arctic (RFAZ), its status, structure, boundaries, ground (territories) and water (water areas), procedure for the introduction of amendments, funding of different projects, maintenance of register of Arctic islands…, - these and other issues could be reflected in this law. I’m sure, that anyway we mustn’t include in the FL on RFAZ rebates for population and preferences for business. This probleb is solved by means of adoption of other laws on Northerners, because Russian Arctic (RFAZ) is considered to be part and parcel of territories of the Russian Federation Far North.

Variant of denouncement of ratified by the Russian Federation in 1997 Convention UN on the Law of the Sea (1982) is not excluded, but by that it is necessary to size up all the risks and consequences.

Yury F. Lukin, Doctor of Historical Sciences, Professor, Honored Worker of Higher Education of the Russian Federation editor in chief of electronic scientific journal «Arctic and North», November 2014 Arkhangelsk

Presentations of forum’s participants P.V. Butakov, P.S. Kondukov, K.A. Laishev and V.A. Zabrodin, Y.F. Lukin, O.E. Medvedeva, V.B. Mit’ko, S.N. Haryuchi and A.V. Shevchuk can be found on the web-site of journal «Arctic and North»:

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