28 February 2003 00:00
ON THE DRAFT FEDERAL LAW ON RATIFICATION OF THE TREATY ON COOPERATION AMONG THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES IN THE FIGHT AGAINST TERRORISM
No. 294
At a February 7 Russian Government meeting, on the questions under consideration a decision was adopted, in particular, on the Draft Federal Law On Ratification of the Treaty on Cooperation Among the Member States of the Commonwealth of Independent States in the Fight Against Terrorism.
The Treaty on Cooperation Among the Member States of the Commonwealth of Independent States in the Fight Against Terrorism was signed on June 4, 1999, in Minsk at a session of the Heads of Government Council of the Commonwealth of Independent States. This document is elaborated with regard for international legal instruments concerning questions of the fight against the various manifestations of terrorism and contains the principal provisions governing the legal and organizational mechanisms of cooperation among the CIS member states in the domain of the prevention, identification, suppression and investigation of acts of terrorism.
The meeting noted that in the prevailing conditions coordinated actions by the sides in the fight against terrorism is an imperative necessity.
The Treaty is subject to ratification in accordance with subparagraphs "a" and "b" of part one of Article 15 of the Federal Law On International Treaties of the Russian Federation. The ratification of this document, in the opinion of the FSB (Federal Security Service) of Russia, will contribute to improving the international legal base and will create objective prerequisites for enhancing the efficacy in the collaboration of the competent agencies of the Russian Federation and of the Commonwealth states in this sphere.
The Treaty touches on fundamental human and civil rights, as well as establishes rules other than those envisaged by the legislation of the Russian Federation. In accordance with paragraph 2 of Article 4 of the Treaty a person who has committed an act of terrorism shall be regarded as the person of a definite state at the time of the crime. In this connection, when deciding on the matter of extradition of this person, if a citizen of the Russian Federation, a violation is possible of the provisions of part one of Article 61 of the Constitution of the Russian Federation and of part one of Article 13 of the Criminal Code of the Russian Federation, both prohibiting the extradition of citizens of the Russian Federation.
In addition, paragraph 3 of Article 13 of the Treaty lays down that special means and logistical materials of special antiterrorist units are to be exempted from customs duties and charges and must be either used during an assistance operation or exported upon its completion from the territory of the host side. The realization of this norm could lead to a difficultly controllable import and export of commodities without customs payments, which, in its turn, might bring about significant losses for the federal budget.
Those questions are expected to be solved by way of the adoption of appropriate reservations during the ratification of the Treaty.
In execution of paragraph 1 of Article 3 of the Treaty during its ratification it is likewise expected to establish in accordance with paragraph 3 of Article 6 of the Federal Law of July 25, 1998, On the Combating of Terrorism, the competent agencies of the Russian Federation that will be responsible for the implementation of the Treaty (FSB of Russia, the Russian Ministry of Internal Affairs, the Foreign Intelligence Service of Russia, Federal Guard Service of Russia, the Russian Ministry of Defense, and the Border Service of Russia).
The implementation of the Treaty will be carried out within the limits of the sums to be allocated to the above executive bodies of federal authority, and will not incur any additional expenditures out of the federal budget.
The Government of the Russian Federation adopted a draft resolution on this matter.
Moscow, February 27, 2003
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