411.The continental shelf of the Russian Federation
The continental shelf of the Russian Federation (hereinafter referred to as the continental shelf) comprises the mineral resources of the seabed and submerged areas, which are located within the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) and cover all the areas that extend from the natural extension of the land territory to the outer boundary line of the submerged seabed land margin area.
The submerged submarine landmass is an extension of the land territory of the Russian Federation and includes the surface of the continental shelf and mineral resources, as well as slopes and uplifts.
The definition of the continental shelf also applies to all islands of the Russian Federation.
The inner boundary line of the continental shelf is the outer boundary line of the territorial sea.
In accordance with article 2 of the federal law in force, the breadth of the territorial sea is measured from the baselines, if the line of the outer edge of the submerged submarine land does not exceed 200 nautical miles. The outer boundary line of the continental shelf is located 200 nautical miles from the baseline.
If the submerged submarine land extends more than 200 nautical miles from the designated baselines, the outer boundary line of the continental shelf coincides with the outer boundary line of the submerged submarine land.
412. Powers of the Russian Federation with respect to the continental shelf
The Russian Federation has the following powers with respect to the continental shelf:
(1) the power to carry out surveys of the continental shelf and to carry out research on mineral and aquatic biological resources. This power has the special meaning that if the Russian Federation does not carry out surveys of the continental shelf and research on mineral or aquatic biological resources, no one may carry out these activities without the permission of the Russian Federation.
(2) The Russian Federation has the power to permit the conduct and adjustment of drilling on the continental shelf.
(3) The Russian Federation has the prerogative to establish artificial islands, platforms and offshore structures, and the right to coordinate the establishment, development and use of artificial islands, platforms and offshore structures. The Russian Federation has jurisdiction over its artificial islands, platforms and offshore structures, including jurisdiction over the enactment of customs, tax, epidemiological and immigration laws, as well as jurisdiction over the enactment of safety regulations.
(4) Jurisdiction over:
Marine scientific research.
Protection of the marine environment while surveying and exploitation of mineral resources, fishing and hunting of aquatic living resources, dumping of waste and other materials.
Laying and development of underwater cables and pipelines in the Russian Federation.
The Russian Federation has sovereignty and jurisdiction over the continental shelf, directing economic, commercial, scientific and other interests in accordance with existing federal laws and regulations of international law.
Russian sovereignty over the continental shelf does not extend to the legal status of the waters and the space above the water covering it.
The Russian Federation, which has sovereignty and jurisdiction over the continental shelf, shall not impede the freedom of navigation and the exercise of other powers by the ships, etc. of other States observing international conventions and regulations of international law.
Guaranteeing the activities carried out on the continental shelf, including navigation, fishing and hunting, marine scientific research, and other lawful activities, as well as the protection of the marine environment, mineral and aquatic resources.
413.Competence of the organs of state power of the Russian Federation in respect of the continental shelf
The scope of the competence of the organs of state power in respect of the continental shelf includes:
(1) Study and improvement of the legislation of the Russian Federation on the continental shelf and activities carried out on it.
(2) The Russian Federation has the right to coordinate the activities carried out on its continental shelf, to protect the legal rights and interests of the Russian Federation on the continental shelf, to protect its mineral and aquatic biological resources.
(3) The strategic definition of the survey, research and development of mineral resources, the fishing and hunting of aquatic living resources, the protection of the marine environment, mineral and aquatic living resources on the basis of Russia's strategic The strategic definition of the planning of the country's economic prospects, the ethnic ****similarity of the population of the eastern and far-eastern regions of the Russian Federation and of those permanently residing in the vicinity of the coastline, as well as of the economic interests of the local minorities.
(4) Establishment of a system for the rational use of mineral resources, including a licensing system, a study of relevant standards (codes and statutes).
(5) Establishment of a bidding (auction) system for the right to utilize the continental shelf in a rational manner, and determination of the qualifications of the winner of the bidding (auction).
(6) To examine the use of mineral and aquatic resources in a given area, as well as to protect them.
(7) Monitoring of research, surveying, and development of mineral resources, consideration of the balance of federal mineral resource reserves, and federal mapping of areas of the continental shelf used for research, surveying, and development of mineral resources.
(8) The signing of product division agreements;
(9) Special provisions for prospective development of mineral resources related to the seafloor and subsurface areas of the continental shelf in separate areas, which shall apply equally to aquatic life resource propagation areas.
(10) Coordination and conduct of marine and resource research.
(11) Isolated areas of the designated continental shelf are closed to foreign institutions for the conduct of marine scientific research. These foreign agencies and international organizations are required to carry out the survey and exploitation of mineral resources and the exploitation of aquatic living resources in the closed sea areas in accordance with the nautical instructions in the designated sea areas.
(12) Establishment of regulations for the exploitation and use of aquatic biological resources, including the issuance of licenses for the exploitation of aquatic biological resources, for the use and protection of aquatic biological resources within a certain area, as well as regulations.
(13) The right to prohibit and restrict the use of aquatic biological resources, and the right to formulate appropriate regulations on the regeneration of aquatic biological resources.
(14) To study measures to prevent mortality of aquatic living resources due to economic activities, navigation, or other activities.
(15) To establish a system of payments, including the amount of fees to be levied for the utilization of the continental shelf for the purposes of exploration and surveying, tax regulations and a system of taxation.
(16) Coordination of activities related to the creation, reclamation and utilization of artificial islands, platforms and offshore structures. These activities are aimed at the study, survey and exploitation of non-living and aquatic living resources, as well as the conduct of marine scientific research.
(17) Establishment of regulations on the laying of cables and pipelines under water. These cables and pipelines to the territory of the Russian Federation are used for the survey and development of mineral resources, for the construction of artificial islands, platforms and offshore buildings.
(18) A road map is drawn up for the laying of cables and pipelines on the continental shelf.
(19) To coordinate drilling work carried out on the continental shelf for any purpose.
(20) Conducting national level ecological testing and ecological assessment of the state of the continental shelf.
(21) Establishment of a Russian data base on the state of the continental shelf, mineral and aquatic resources.
(22) Establishment of a legal regime in cases of ecological crisis and abnormal ecological conditions to ensure the elimination of pollution due to spills of oil or other substances as a result of accidents.
(23) To limit the dumping of wastes and other substances containing pollutants onto the continental shelf to those that meet ecosystem criteria, to make a list of hazardous substances and wastes that can be dumped, and to coordinate the monitoring of the dumping of wastes and other substances.
(24) Protection of rare and endangered aquatic biological resources listed in the Red Book of the Russian Federation. Preventing the destruction of the environment in which they live, reproduce (spawn) and migrate. Establishment of protected areas, no-fishing zones, and special nature reserves, which are adjacent to areas used for medical and health care and rest areas on the coast. This is communicated in the Sailing Instructions.
(25) Guarantees the implementation of measures aimed at protecting the environment of the continental shelf and its mineral and aquatic resources. Seeks to avoid violations of the federal laws in force and international conventions of the Russian Federation, otherwise the offenders are held accountable.
(26) Settlement of disputes concerning the continental shelf and activities on its territory.
(27) Conclusion and implementation of international agreements of the Russian Federation on the continental shelf and activities on its territory.
414.Exploitation and Use of the Continental Shelf
The area of the continental shelf (hereinafter referred to as the Area) may be made available for use by users who meet the requirements, which can be found in Part 3 of Article 9 of Document No. 23591 - Law on Mineral Resources, enacted in 1992. .
Purpose of use of the Area:
To conduct regional geologic studies of the continental shelf and to assess the value of prospects for the development of minerals and oil and gas in the area of the continental shelf.
In conjunction with the exploration, survey and development of mineral resources.
The area is geometrically shaped and the ecological study of the continental shelf as well as the exploration, survey and exploitation of mineral resources can be carried out within the sea area with the boundary line and seabed depth coordinates.
Federal law on the provision of access to the area and its utilization is in place, which also applies to the continental shelf and the activities carried out on its territory.
Users of mineral resources in accordance with Part 3 of Article 9 of the Law of the Russian Federation "On Mineral Resources" may receive grants from the state budget for geological research work on the continental shelf when conducting regional geological research.
415.Competent Authorities for Geological Research and Exploration and Exploitation of Mineral Resources in the Area of the Continental Shelf of the Russian Federation
Authorities for geological research in the area of the continental shelf and the exploration, survey and exploitation of mineral resources are granted by the State Mineral Resources Management Service (SMRM) with the consent of the executive bodies of the federal power (the President of the Russian Federation, the Government of the Russian Federation and the departments designated by them). .
416. Powers of the holder of the right of use of the continental shelf
The right of use includes the following:
Guaranteeing the ecological environment of the area to be used, including the organization of ecological monitoring, and compensating for damage caused to the aquatic resources of the aquatic organisms, in the manner recognized by the Parties.
Measures to prevent accidents and eliminate their effects.
Protection, preservation and destruction of platforms and offshore structures on which work has been accomplished.
Payment for the use of ports, land, offshore buildings, means of transportation (including pipelines) and other infrastructure in accordance with the legislation of the Russian Federation.
Protection of rare and precious aquatic biological resources, prohibition of the use of protected areas of great significance for the regeneration and reproduction of aquatic organisms, no-fishing zones, protected areas and other special protected areas on the continental shelf.
In accordance with the law on transfer in the legislation of the Russian Federation on citizenship, the right to use the continental shelf may not be transferred to third parties.
417. Obligations of the owner of the right of use of the continental shelf
To carry out technical engineering, hydro-engineering, medical and epidemiological activities and other activities. To comply with international laws and regulations and Russian legislation on the protection of the marine environment, mineral and aquatic resources.
Regularly and in contact with the shore agencies of the Russian Federation. Transmission of observational data on weather and hydrography to the nearest meteorological center of the Russian Federation in accordance with the standard procedures established by international meteorological agencies, provided that the appropriate equipment is available.
The State Service for the Management of Seabed Resources, the State Service for the Execution of Technical Supervision Powers and the Environmental Protection Service together monitor, within the limits of their competence, compliance by the user with the regulations on use.
The user is obliged to provide the necessary documents as requested by the environmental protection authorities, to answer questions raised by these authorities within the scope of their competence, and to ensure that the review is carried out smoothly.
The Environmental Protection Department informs the User and the State Mineral Resources Management Department in writing about the results of the review. It has the right to suspend its activities, if necessary, or to recommend the revocation of its right to use.
Agreements on the distribution of products in accordance with the Law on Product Sharing Agreements of the Federal Law characterize the relations concerning the division of products that arise in connection with the use of the continental shelf. These include the provision of rights to use mineral resources, third-party transfers of rights to use and the granting of licenses.
418.Regulation of drilling work on the continental shelf
The Government of the Russian Federation may coordinate and supervise drilling work carried out for any purpose.
The state mineral resource management authorities are required to scrutinize applications for drilling activities. After obtaining the consent of the executive body of power (the President of the Russian Federation, the Government of the Russian Federation), its productive activity is allowed. Drilling is to be carried out in accordance with current federal legislation and international conventions of the Russian Federation.
419.Fees for the use of the continental shelf
Citizens of the Russian Federation (including individual entrepreneurs), Russian lawmakers, foreign citizens and foreign lawmakers who use the resources of the continental shelf are required to pay taxes and fees in accordance with the Tax Code and the Law on Fees and Charges, as well as other fees that are due in accordance with the provisions of the legislation of the Russian Federation.
The provisions of the Government of the Russian Federation shall prevail with respect to the financial obligations of the Russian Federation for the exploitation of mineral resources in the area beyond 200 nautical miles.
420. Authorities for the protection of the continental shelf
Authorities for the protection of the continental shelf and its mineral and aquatic living resources are exercised by the executive bodies of the powers of the Russian Federation in accordance with the decisions of the President and the Government of the Russian Federation to preserve and protect the continental shelf and its resources for their optimum use and to protect the Russian Federation from infringement of its economic and other legal interests.
The Executive Body of the Security and Guarantee Powers of the Russian Federation has the power to coordinate the use of the forces of the protection agencies.
421. Duties of Public Officials of the Agency for the Protection of the Continental Shelf
Public officials of the Protection Agency shall carry out their official duties in accordance with the provisions of this Federal Law and international conventions of the Russian Federation, as well as with the provisions of other laws of the Russian Federation and standardized instruments of power.
Public officials of the Protective Service shall be in possession of the relevant official documents when exercising their official duties. Officials of the protection agencies must inform natural and legal persons of the Russian Federation and other States, as well as representatives of other States and competent international organizations carrying out activities on the continental shelf, of their full powers.
Warships and aircraft of the Russian Federation and other Russian ships and aircraft with special flags, triangular flags and special markings have the right to protect the continental shelf.
422. Powers of Public Officials of the Agency for the Protection of the Continental Shelf
Public officials of the Agency for the Protection of the Continental Shelf have the following powers in the performance of their official duties:
(1) the right to order the stoppage of navigation of and to inspect Russian and foreign vessels and other means of water transport (hereinafter referred to as vessels of all kinds), artificial islands and sites of construction, when one of the following is being carried out:
(2) the right to order a stoppage of navigation and the inspection of vessels and other means of transport (hereinafter referred to as vessels of all kinds), artificial islands, and sites of construction.
Regional geographic survey of the continental shelf, search, exploration and exploitation of mineral resources;
Fishing of aquatic living resources;
Resource and marine scientific research activities;
Landfill of waste and other materials;
Other activities on the continental shelf.
(2) Have the right to carry out on-site inspection of all types of documents on board vessels, artificial islands and fortifications. These documents entitle them to carry out the activities referred to in paragraph 1 of part 1 of this article.
(3) In the cases previously provided for by this Federal Law and international conventions of the Russian Federation:
The right to intercept persons violating this Federal Law and international conventions of the Russian Federation, the right to confiscate from them fishing tools, equipment of all kinds, instruments, facilities and other objects, as well as documents and all unlawful proceeds.
The right to track down and intercept the vessels of persons who have violated the law while carrying out the activities referred to in paragraph 1 of part 1 of this article, and the right to remove them to the nearest port of the Russian Federation (foreign vessels to ports of the Russian Federation where foreign vessels are permitted to enter and stay in the harbor).
The right to impose fines on offenders or to transfer to the courts of the Russian Federation, in accordance with the legislation of the Russian Federation, materials relating to the conduct of their illegal activities.
(4) The right to order the suspension of navigation of such vessels if there is sufficient evidence that they have illegally filled the continental shelf with waste and other materials. If sufficient evidence is also available, the necessary information may be sought from the master of the prohibited vessel with a view to ascertaining whether there has been a previous violation of the law; and the vessel itself may be inspected and a record made of the circumstances of the stop and inspection subsequently carried out.
(5) In the event of suspension or termination of the activities of the vessels and personnel of the other party referred to in paragraph 1 of Part 1 of this Article, the right to make a record of violations of this Federal Law and international conventions of the Russian Federation, as well as of the process of interception of the offending vessel and offending personnel, confiscation of their fishing gear, equipment of all kinds, apparatus, installations, and other items; the right to confiscate their documents and all unlawful proceeds. The procedure for tracing, stopping, monitoring and intercepting vessels of all types, monitoring artificial islands, installations and buildings of all types, keeping records and searching for stranded illegal vessels in the ports of the Russian Federation is carried out in accordance with the provisions of the legislation of the Russian Federation and the standards of international authority.
(6) In the event of a direct threat to the life of an official of a protection agency, an official of a protection agency shall have the right to use a weapon to counter an attack by a person who has violated the laws of the Russian Federation and the international conventions of the Russian Federation in order to compel the person to cease his or her resistance. The use of weapons shall be preceded by a clear warning of the intention to use them and the firing of warning shots into the air.
Weapons may be used by warships and aircraft belonging to the executive bodies of the Russian Federation's security and safety authorities in response to an attack by illegal vessels armed in violation of this federal law and international conventions of the Russian Federation, in the event that all necessary measures taken by public officials of the protection agencies to cause them to cease their unlawful activities and intercept the offenders have not been effective. The use of weapons shall be preceded by a clear warning of the intention to use them and the firing of warning shots into the air. The procedure for the use of weapons is determined by the Government of the Russian Federation.
Public officials of the protection agencies may use the powers referred to earlier in this Federal Law if there is sufficient evidence that these vessels have violated this Federal Law or international conventions of the Russian Federation on the continental shelf; these rights are equally applicable to vessels located in the waters of the territorial sea or inland waterway areas of the Russian Federation.
423.Liability for violation of the Law of the Russian Federation "On the Continental Shelf" (hereinafter referred to as the Law "On the Continental Shelf")
Public officials of the executive bodies of the powers of the Russian Federation, the subjects of the executive powers of the Russian Federation, and public officials of local self-governing bodies shall be held liable under the laws of the Russian Federation in accordance with the law of the Russian Federation, depending on the nature of the violation, the gravity of its consequences, and the amount of damages incurred, for a violation of the Law in the following cases Administrative liability:
Issuance of licenses (permits) for the import and export trade in exploration, prospecting and exploitation of mineral or aquatic resources, the construction of artificial islands, the installation of installations, the construction of buildings, the carrying out of scientific research on resources and the sea, and the landfilling of the continental shelf with wastes and other materials.
Arbitrary changes in the conditions for the issuance of licenses (permits) for import and export trade.
Natural or legal persons shall be held administratively or criminally liable in accordance with the legislation of the Russian Federation, depending on the nature of the offense, the gravity of its consequences and the amount of damage caused, for committing an offense in any of the following cases:
Conducting geological research on the continental shelf, resource or marine scientific research without permission or in violation of the legislation enacted.
Unlawful conduct of geological research in the continental shelf area, searching, exploration or exploitation of mineral resources or harvesting of aquatic resources; or violation of the regulations of the present Federal Law or of international conventions of the Russian Federation in connection with the above-mentioned activities.
Delivery of mineral resources or aquatic living resources to other states, natural and legal persons of other states, in the absence of a similar statement in the corresponding import and export trade license (permit).
Contravention of existing standards (norms, regulations) for the safe conduct of search, exploration and exploitation of mineral resources or harvesting of aquatic living resources and their protection.
The illegal activity has caused a deterioration in the conditions for the regeneration of aquatic living resources on the continental shelf.
The illegal activity was carried out in such a way that it hindered the lawful activities of the public officials of the Protection Agency.
Illegal landfilling of waste and other materials.
Pollution of water bodies caused by drilling.
Illegal construction of artificial islands, installation of installations and structures on the continental shelf.
Illegal laying of underwater cables and pipelines for the exploration and exploitation of mineral resources, as well as violation of the relevant regulations and conditions for the introduction of underwater cables and pipelines in the territory of the Russian Federation.
Lack of permanent installations prompting the beginning of the construction of artificial islands on the continental shelf, the installation of various types of installations and the construction of buildings and violation of the relevant regulations on keeping this equipment in perfect working order; violation of the relevant regulations on the removal of various types of installations, equipment and buildings, the operation of which is prohibited, or violation of other provisions of the present federal law and international conventions of the Russian Federation.
Establishment of obstacles to lawful activities on the continental shelf.
Compensation for damages caused to natural and legal persons held liable for violations of this Federal Law and international conventions of the Russian Federation is mandatory.