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| author Åëåíà |
| Response of legislators to draft a law on victims |
| Written by Ñâåòëàíà Ãóáàðåâà | |||||||||
| Âòîðíèê, 05 Àâãóñò 2008 | |||||||||
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On Monday, July 4, Russian Prime Minister Vladimir Putin at the presidium of the government said that the threat of new terrorist attacks in the country remains very serious. He also added that tens of billions of rubles would be allocated in order to implement state programs to combat terrorism. According to the newspaper Kommersant, the Federal «Antiterrorism» program was allocated 717.7 million rubles in the 2005 budget. The publication reported that, according to official figures, the open portion of the Federal For 9 years, Irina Khalai, head of the In April of this year, Irina sent a draft of a law on the social protection of citizens affected by terrorist attacks to everyone who, according to Article 104 of the Constitution of the Russian Federation, is involved in initiating legislation. On June 2nd, 2006, Below are the responses that have been received. 1. Office of the President of Russia for Working with Citizen Appeals May 26th, 2008 We are informing you that your appeal to the President of the Russian Federation has been received. In accordance with Part 3 of Article 8 of the Federal Law dated May 2nd, 2006, #59-FL, titled: ‘On the order of consideration of citizen appeals in the Russian Federation’, it has been sent to the Ministry of Health and Social Development of the Russian Federation. (Signed) Y. Sigachov, adviser to the department of citizens' written appeals 2. Department of Health and Social Development of the Russian Federation May 5th, 2008 The appeal by the At the same time we are informing you that, in accordance with Article 104 of the Constitution of the Russian Federation, the right of legislative initiative, along with other public bodies, belongs to the legislative (representative) bodies of subject states within the Russian Federation. (Signed) V. P. Berend, deputy director of the Department of Social Welfare 3. 5th Convocation of the Russian Federal Parliament Committee on Labor and Social Protection June 5th, 2008 Honored Irina Ivanovna! The Committee has reviewed your appeal, addressed to Parliament Chairman Boris Gryzlov, requesting that the Parliament accept for consideration your draft of a federal law, titled: ‘On the social protection of victims of terrorist acts’. Accordingly, we are informing you that the introduction of bills into the Parliament is in accordance with the requirements of the Constitution and rules of the Parliament. The introduction of a bill of legislative initiative into the Parliament requiring additional funds from the federal budget, requires a feasibility study with the necessary calculations, conclusions by the government of the Russian Federation, and the text of the bill with explanatory memoranda. At the same time we are informing you that currently there is a Federal Law in full effect, titled: ‘On Combating Terrorism’. Please note that the government of the Russian Federation's practice of implementing provisions of Articles 18 and 19 of the Federal Law ‘On Combating Terrorism’ that cover compensating victims of a terrorist act, as well as social rehabilitation of such persons, is only beginning to emerge. This is evidenced by the publication of the Russian Federation government regulation on social rehabilitation of victims of a terrorist act and individuals involved in the fight against terrorism. Addressing the financing of these issues is within the competence of the Ministry of Finance of Russia. In view of the above, we are informing you that the issues raised in your appeal will be taken into account in future legislative work to improve existing legislation in the field of counter-terrorist threats, including issues concerning social or other protection of victims of terrorist acts. (Signed) I. N. Gabdrakhmanov, first deputy chairman of the committee 4. The Federal Assembly of Russian Federation Committee of the Federation Council on Social Policy and Public Health June 5th, 2008 Honored Irina Ivanovna! On behalf of the Federation Council Chairman Sergey Mironov, the Federation Council Committee for Social Policy and Public Health has reviewed your appeal with its request that the Parliament accept for consideration your draft of a federal law, titled: ‘On the social protection of victims of terrorist acts’, and on matters relating to their purview, we are informing you of the following: Current legal and institutional frameworks to combat terrorism in the Russian Federation are determined by a federal law, dated February 26th, 2006, #35-FL: ‘On Combating Terrorism’ (and the following is from the federal law). Rules governing compensation of damages suffered as a result of terrorist action are contained in Article 18 of the federal law (‘Compensation for damage suffered as a result of a terrorist act’), in which the government carries out procedures established by the government of the Russian Federation in the compensation of individuals and legal entities who suffer damage as a result of a terrorist act. Compensation for non-pecuniary damages suffered as a result of a terrorist act is the responsibility of those individuals that were its cause. It should be noted that until now procedures for compensation have not been approved. In each case, however, payments have been made in accordance with regulations of the government of the Russian Federation. For example, government directive, dated September 10th, 2003, #1331-r ‘On disbursing from the reserve fund by the government of the Russian Federation in 2003, money to provide Article 19 of the federal law also provides for the social rehabilitation of victims of terrorist acts and individuals involved in the fight against terrorism, who are subject to legal and social protection, categories of which are set forth in Article 20 of federal law, which includes psychological, medical and vocational rehabilitation, legal aid, employment assistance, and housing. Rehabilitation activities are implemented through the federal budget in the order determined by the state government within the Russian Federation on whose territory the terrorist act occurred, and from other sources as required by law. Compensation for damage to the life, health, and property of persons involved in the fight against terrorism, and measures for their social protection, have been established in Article 21 of federal law. In furtherance of the previously noted provisions of federal law, the government of the Russian Federation has approved rules for the social rehabilitation of victims of terrorist acts and individuals involved in the fight against terrorism (Resolution #6, dated January 12th, 2007), which determined the order of providing from the federal budget social rehabilitation of victims of terrorist acts and individuals involved in the fight against terrorism for crimes qualifying under Articles Russian Federation Government Resolution #105, dated February 21st, 2008, approved regulations to compensate injuries to the life and health of persons in connection with their participation in the fight against terrorism. The rules also define the order of compensation for damages to the life and health of persons referred to in Article 20 of federal law. Russian Federation Government Resolution #167, dated March 13th, 2008, approved regulations to compensate individuals involved in activities to combat terrorism for the cost of lost or damaged property. Along with the above regulations concerning citizens affected by terrorist acts, there are, depending on the specific situation and in accordance with fundamental standards of the Russian Federation, legislation concerning health care and the following federal laws: ‘On social protection of invalids in the Russian Federation’, ‘On state social aid’, and ‘Additional safeguards for orphans and children left without parental care’. Please note that the Russian Constitutional Court, when considering an order of compensation for damages suffered as a result of a terrorist act under the previous federal law, ‘On Combating Terrorism’ (which on the whole is similar to the now established order), concluded that Russian Federation's approach, as implemented in regulations to redress victims of a terrorist act, corresponds to principles governing human rights and fighting terrorism as adopted by the Council of Europe Committee of Ministers on July 11th, 2002. The Constitutional Court of the Russian Federation also noted that, in matters of compensation for damages suffered as a result of a terrorist act, the government, in adopting federal laws calling for relevant provisions, has assumed responsibility for the actions of third parties (perpetrators), and at the same time acts as the guarantor of compensation to victims, because, in many cases, the victims would not have a practical ability to exercise their right to compensation, since the person who caused the damage was either dead, had no money, had not been identified, or such indemnification was inconsistent with the nature of emergency, or would result in a long delay. The same legislation, in the shortest time possible, solves the problem of redress of violations of civil rights due to limitations, deficiencies, or inabilities in determining within a reasonable timeframe what are to be the true sources of damage compensation. In organizing this system of compensation, the state acts in these cases not as a cause of damage (which would require full compensation), but as the public body reflecting the common interest and as the manager of the budget that is created and consumed in the common interest. Based on the above, the Committee does not share the view expressed by the author about the ‘lack of common organizational and legal standards in the Russian Federation’ in this regard. The Committee, however, believes that it cannot serve as an obstacle to a discussion of the nature of existing standards, or their completeness and sufficiency, to include any discussion concerning the need for appropriate standards in a separate legislative act subject to regulations associated with the definition of a ‘terror victim’, and giving this entity a complex of guarantees and benefits. The bill that you have asked to be introduced into the Parliament requires considerable processing, because it is based on negating legislation and is inconsistent with the current system of pension laws based on principles inapplicable to the governed situations. The bill proposes to give victims of terrorist acts the right to receive compensation and benefits for injury or property damage. It lists compensation and benefits based on the RF law, titled: ‘On the social protection of citizens exposed to radiation as a result of the Chernobyl accident’ (hereinafter referred to as the Chernobyl law). This law was until January 1st, 2005, the law that affected the largest category of citizens. Using the same standards stipulated in the Chernobyl law would most likely lead to a decrease in the organization of medical care, pensions, and compensation for damages to health, etc. In its proposal to establish equal compensation and benefits to various parties (including citizens of other nations), the bill does not take into account individual circumstances used to determine the amount of compensation for damages. We believe that no two victims receive damages to the exact same extent. Title III of the bill regulates pensions for citizens affected by terrorist acts, using standards that expired 8 years ago. Since January 1st, 2002, there have been in the Russian Federation federal laws, titled: ‘On Mandatory Pension Insurance’, ‘On Labor Pensions in the Russian Federation’, ‘On State Pensions in the Russian Federation’ and several other laws, on which the Russian pension system is now based. The new pension system is based on the separation of state pensions from compulsory retirement insurance, which respectively, have different sources of funding. Occupational pensions are based on the mechanism of real pension insurance. The insured person pays premiums into the Pension Fund of the Russian Federation, and in this regard the new pension structure was introduced, while government pension benefits are provided out of the federal budget. Since your bill uses expired legislative standards, it is unclear which type of pension to elect for citizens affected by terrorist acts, and, accordingly, what are to be the sources of funding these pensions. In addition, Article 1 of the Federal Law, titled: ‘On Labor Pensions in the Russian Federation’ found that changes to the conditions and standards of established pensions are changes to federal laws, which is what the authors of this bill propose. The bill does not agree with many existing civil, tax, and housing codes of the Russian Federation. It does not agree with the federal law, titled: ‘On the organization of insurance business in the Russian Federation’, the federal law ‘On Military Duty and Military Service’, and unreasonably states (in Article 2) that the bill would have priority over other federal laws. The proposed concept of a bill, based on principles developed for the compensation of damage inflicted by a particular trauma — radiation — and with the use of outdated regulations that are inconsistent with existing legislation in the field of social policy, cannot be supported. Please also note the absence of the proposed bill's required inclusions: explanatory notes, a list of legal acts to be adopted, procedures to amend or repeal the bill, and, most importantly, financial and economic feasibility studies. In the absence of financial and economic feasibility studies, it is impossible to determine the size of the federal budget required to implement the proposed measures. The bill’s relevance to citizens affected by terrorist acts is reduced by the high costs of the bill, at a time when the federal budget has already been adopted in accordance with the federal law, dated July 24th, 2007, #198-FL ‘On the federal budget for 2008 and the planning period for 2009 and 2010’, and the fact that it contains no standards defining the sources and procedures to finance the additional costs of its implementation, contrary to Article 83 of the Budget Code. We thank you for your active role in improving social protection for citizens affected by terrorist acts. (Signed) O. A. Bessmertnaya and M. P. Turovskaya, for Committee Chairman V. A. Petrenko Postscript There have appeared reports in the media that the author of this work was the 'Voice of Beslan' organization. In comparing the text that appears on the website of that organization to what Irina Khalai published in April, I did not see any difference. Let it remain on Ella Kesayeva' conscience, but I cannot but recall that old refrain: «WE plowed…» *I also wish to draw your attention to the «extraordinary generosity» of the government of the Russian Federation. In 2003 (the text of the response to the Federation Council Committee for Social Policy and Public Health is in italics), in its instructions the Russian government allocated from the reserve fund 750,000 rubles, and the Moscow city government allocated 225,000 (a total of 975,000 rubles — about $39,000) to assist victims of the terrorist attack on Views: 4412 |
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