Russia's request for membership of the Council of Europe

Doc. 7443
2 January 1996

REPORT [1]

Rapporteur: Mr. MUEHLEMANN, Switzerland, Liberal, Democratic and Reformers' Group

Link to

Addendum I

 Advisory and Control Programme
Addendum II Appendix to the high-level Russian message of 18 January 1995
Addendum III

Overview of the state of relations between the Council of Europe and the Russian Federation, including the Joint Programme between the Commission of the European Communities and the Council of Europe for strengthening of the federal structure, introduction of human rights protection mechanisms and legal system reform
Addendum IV Effects of Russia's accession on the organisation (Secretariat memorandum)

Summary

Following a preliminary discussion in Copenhagen on 30 November 1995, further to consultation of the Committees on Legal Affairs and Human Rights and on Relations with European Non-Member Countries, and having heard reports from members of the Assembly's delegation of observers for the elections to the Russian State Duma (17 December 1995), the Political Affairs Committee - meeting in Zürich on 20 December 1995 - voted in favour of an invitation to the Russian Federation to join the Council of Europe.

The decision was taken on the basis of:

The Political Affairs Committee makes it clear that there is a definite responsibility on the part of the Committee of Ministers to "adapt the Organisation's means and capabilities to the consequences of this decision".

I. Draft Opinion

The Russian Federation applied to join the Council of Europe on 7 May 1992. By Resolution (92) 27 of 25 June 1992, the Committee of Ministers asked the Parliamentary Assembly to give an opinion, in accordance with Statutory Resolution (51) 30 A.

 Special guest status with the Parliamentary Assembly was granted to the Russian Parliament on 14 June 1992.

3.     Procedure for an opinion on Russia's request for membership was interrupted on 2 February 1995 because of the conflict in Chechnya. On 27 September 1995, with the adoption of Resolution 1065, procedure was resumed on the grounds that Russia was henceforth committed to finding a political solution and that alleged and documented human rights violations were being investigated.

4.    The Assembly notes that political, legal and economic reforms have been sustained. The legal system continues to show shortcomings, as noted by Council of Europe legal experts (7 October 1994). Nonetheless, there is progress towards a general awareness of - and respect for - the rule of law.

5.    Assurances of continued progress were given to the Council of Europe by the President of the Federation, the Prime Minister, the President of the Duma and the President of the Council of the Federation in their letter of 18 January 1995.

6.    On the basis of these assurances and of the following considerations and commitments, the Assembly believes that Russia - in the sense of Article 4 of the Statute - is able and willing to fulfil the provisions for membership of the Council of Europe as set forth in Article 3 ("Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council..."):

i.    Russia has been taking part in various activities of the Council of Europe since 1992 - through its participation in intergovernmental "cooperation and assistance" programmes (notably in the fields of legal reform and human rights), and through the participation of its special guest delegation in the work of the Parliamentary Assembly and its committees;

ii.    "political dialogue" between Russia and the Committee of Ministers has been established since 7 May 1992;

iii.    Russia has acceded to several Council of Europe conventions, including the European Cultural Convention;

iv.    the following legislation is being prepared as a matter of priority with international consultation, on the basis of Council of Europe principles and standards: a new criminal code and a code of criminal procedure; a new civil code and a code of civil procedure; a law on the functioning and administration of the penitentiary system;

v.    new laws in line with Council of Europe standards will be introduced: on the functioning and administration of the Procurator's Office and of the Office of the Commissioner for Human Rights; for the protection of national minorities; on freedom of assembly and on freedom of religion;

vi.    the status of the legal profession will be protected by law: a professional bar association will be established;

vii.    those found responsible for human rights violations will be brought to justice - notably in relation to events in Chechnya;

viii.    effective exercise will be guaranteed of the rights enshrined in Article 27 of the Constitution and in the law on freedom of movement and choice of place of residence;

ix.    conditions of detention will be improved in line with Recommendation A (87) 3 on European prison rules;

x.    the state and progress of legislative reform will permit the signature and ratification, within the delays indicated, of the European conventions listed hereunder in paragraph 9.

7.    With a view to the fulfilment of these assurances and respect for these commitments, the Assembly resolves to establish - with the close cooperation of Russia's national parliamentary delegation - its own parliamentary "advisory and control" programme under the authority of the committees responsible for the implementation of Order No. 508 (1995) on the honouring of obligations and commitments by member states of the Council of Europe. This programme will complement and not prejudice the monitoring procedure under Order No. 508 (1995).

8.     As a contribution to long-term assistance and cooperation, the Assembly welcomes the European Union/Council of Europe joint programme for the strengthening of the federal structure and of human rights protection mechanisms and for legal system reform.

9.    The Parliamentary Assembly notes that the Russian Federation shares fully its understanding and interpretation of commitments entered into as spelt out in paragraph 6, and intends:

i.    to sign the European Convention on Human Rights at the moment of accession; to ratify the Convention and Protocols Nos. 1, 2, 4, 7 and 11 within a year; to recognise, pending the entry into force of Protocol No. 11, the right of individual application to the European Commission and the compulsory jurisdiction of the European Court (Articles 25 and 46 of the Convention);

ii.    to sign within one year and ratify within three years from the time of accession Protocol No 6 of the European Convention on Human Rights on the abolition of the death penalty in time of peace, and in the meantime to put into place a moratorium on executions;

iii.    to sign and ratify within a year from the time of accession the European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment;

iv.    to sign and ratify within a year from the time of accession the European Framework Convention for the Protection of National Minorities; to conduct its policy towards minorities on the principles set forth in Assembly Recommendation 1201(1993), and to incorporate these principles into the legal and administrative system and practice of the country;

v.    to sign and ratify within a year from the time of accession the European Charter on Local Self-Government and the Charter for Regional and Minority Languages; to study, with a view to ratification, the Council of Europe's Social Charter; and meanwhile to conduct its policy in accordance with the principles of these conventions;

vi.    to sign and ratify and meanwhile to apply the basic principles of other Council of Europe conventions - notably those on extradition; on mutual assistance in criminal matters; on the transfer of sentenced persons; and on laundering, search, seizure and confiscation of proceeds from crime;

vii.    to seek to settle international as well as internal disputes by peaceful means (an obligation incumbent upon all member states of the Council of Europe);

viii.    to settle outstanding international border disputes according to the principles of international law;

ix.    to ratify the Agreement of 21 October 1994 between the Russian and Moldovan Governments and to continue the withdrawal of the 14th Army and its equipment from the territory of Moldova, within a time-limit of three years from the date of signature of the Agreement;

x.    to fulfil its obligations under the Treaty on Conventional Armed Forces in Europe (CFE);

xi.    to negotiate claims for the return of cultural property to other European countries on an ad hoc basis that differentiates between types of property (archives, works of art, buildings etc.) and of ownership (public, private or institutional);

xii.     to seek to settle rapidly all issues related to the return of property claimed by Council of Europe member states;

xiii.    to cease to restrict with immediate effect international travel of persons aware of state secrets, with the exception of those restrictions which are generally accepted in Council of Europe member states;

xiv.    to ensure that the application of the CIS Convention on Human Rights does not in any way interfere with the procedure and guarantees of the European Convention on Human Rights;

xv.    to revise the law on federal security services in order to bring it into line with Council of Europe principles and standards within one year from the time of accession;

xvi.    to adopt a law on alternative military service, as foreseen in Article 59 of the Constitution;

xvii.    to pursue legal reform with a view to bringing all legislation in line with Council of Europe principles and standards;

xviii.    to extend its international cooperation in order to prevent - and eliminate the ecological effects of - natural and technological disasters;

xix.    to sign and ratify within a year from the time of accession the General Agreement on Privileges and Immunities and its additional protocols;

xx.    to cooperate fully in the implementation of Assembly Order No. 508 (1995) on the honouring of obligations and commitments by member states of the Council of Europe, as well as in monitoring processes established by virtue of the Committee of Ministers' Declaration of 10 November 1994 (95th session).

10.    The Assembly recommends that the Committee of Ministers - on the basis of the commitments and understandings indicated above:

i.    invite the Russian Federation to become a member of the Council of Europe;

ii.    allocate eighteen seats to the Russian Federation in the Parliamentary Assembly;

iii.    adapt the Organisation's means and capabilities to the consequences of this decision.

I. Explanatory memorandum by the Rapporteur

Contents

I.    Introduction

At its meeting in Strasbourg on 8 November 1995, the Political Affairs Committee asked the Rapporteur to present a draft report at the meeting on 30 November 1995. It approved a memorandum on the follow-up to Resolution 1065 (1995) which had re-opened the procedure for drawing up an Opinion on Russia's request for Council of Europe membership.

The Standing Committee has included the item in the agenda for the (22-26) January 1996 part-session. The present report is intended to provide the basis for this debate.

Following a brief description of the procedure followed so far, the following main issues will be addressed: the legal system, the state of democracy, the economic situation and local conflicts.

An assessment of the impact of Russia's accession on the organisation is set out in Addendum A. An overview of the state of relations between the Council of Europe and the Russian Federation, including the joint programme between the Council of Europe and the European Union on the reform of the federal structure, the human rights mechanisms and the legal system in the Russian Federation (hereafter "the Joint Programme") is found in Addendum B.

Procedure

Special guest status was granted to the Russian Parliament (then still the "Supreme Soviet") by the Bureau on 14 January 1992, after it had taken note that the mandate of the delegation of special guests of the USSR Supreme Soviet had come to an end with the dissolution of the Soviet Union.

Russia applied for Council of Europe membership on 7 May 1992. On 25 June 1992, the Committee of Ministers adopted Resolution (92) 27 requesting the Parliamentary Assembly's opinion (see Annex 1).

The parliamentary elections held in Russia on 12 December 1993 were observed by an ad hoc Committee of the Bureau, which found these elections to have been free and democratic (Doc. 7038, Addendum I).

In accordance with established Assembly practice, a group of legal experts (MM Bernhardt, Trechsel, Weitzel and the late Mr Ermacora - hereafter "the eminent lawyers") was invited to examine the conformity of the legal order in Russia with the fundamental principles of the Council of Europe (human rights, rule of law and pluralist democracy). The four eminent lawyers visited Russia for different periods between 26 May and 6 June 1994. The conclusions of their report are set out in Annex 2.

The Rapporteur, Mr Mühlemann (Switzerland, LDR) for the Political Affairs Committee and the Rapporteurs of the Committees seized for opinion, Mr Bindig (Germany, SOC) for the Committee on Legal Affairs and Human Rights and Mr

Atkinson (United Kingdom, EDG) for the Committee on Relations with European Non-Member Countries, visited Russia from 12 to 15 June and from 30 October to 2 November 1994.

On the basis of information gathered during these visits and the conclusions of the group of legal experts, the Rapporteurs addressed to the Russian authorities a list of 20 points on which clarification was requested.

On 20 January 1995, Mr Filatov, Head of the Administration of the Russian President, personally handed the replies of the Russian authorities to the President of the Assembly, Mr Martínez. The replies were signed by President Yeltsin, Prime Minister Chernomyrdin, the Chairman of the Federation Council Shumeiko and the Speaker of the State Duma Rybkin (Annex 3). "This is the only document in Russia signed by all these four people together and the best evidence of the importance Russia attaches to membership," Mr Filatov stated on this occasion.

At the time, the importance of this event was overshadowed by the tragic events in Chechnya, which led the Assembly to adopt Resolution 1055 (Annex 4) on 2 February 1995, in which it suspended the procedure concerning its statutory Opinion on Russia's request for membership.

The Sub-Committee on Human Rights (of the Committee on Legal Affairs and Human Rights) visited Chechnya and the neighbouring republics from 5 to 11 June 1995, and the Rapporteurs of the three Committees concerned held further meetings in Moscow and Grozny on 21 to 24 August 1995. The developments, in particular the cease-fire agreement of 30 July 1995 in Chechnya led the Assembly to adopt Resolution 1065

(Annex 5) which resumed procedure for an Opinion on Russia's request for membership. It instructed the Political Affairs Committee to act accordingly.

Recent history

In March 1989, the first semi-free elections to the Congress of People's Deputies of the then Soviet Union took place. Over 85% of the votes in Moscow went to Mr Yeltsin, who on 20 May 1990 was elected as President of Russia's Supreme Soviet.

In June 1990, Russia's Supreme Soviet adopted the principle of the pre-eminence of its laws over those of the Union and reserved the right to leave the USSR if it so wished. On 12 June 1991, Mr Yeltsin was freely elected to the Presidency of the Russian Republic by 57.3% of the votes.

On 8 December 1991, the Presidents of Ukraine, Russia and (then) Belorussia, meeting in Minsk, declared that the USSR no longer existed and signed an agreement on the creation of a "Commonwealth of Independent States" (CIS) between these three Republics but which the other former USSR Republics could join. On 21 December 1991, the Presidents of 11 former Soviet Republics endorsed the foundation of the CIS as successor to the USSR.

In practice, the Russian Federation became virtually the sole successor to the Soviet Union. It was to obtain exclusive control of its nuclear forces and the permanent member seat on the United Nations Security Council. The European Community as well as the United States formally decided that the international rights and obligations of the former USSR would in future be exercised by Russia.

In the course of 1993, relations between the President and the "Supreme Soviet" deteriorated. A referendum held in April resulted in 58 percent of votes cast in favour of the President's reform policy.

Events came to a climax in September/October 1993 with the dissolution of the Supreme Soviet, street violence in Moscow and finally the President's orders for a military assault on the parliament building ("the White House") occupied by defiant deputies, led by the Speaker, Mr Khasbulatov, and Mr Rutskoi (the former Vice-President, dismissed by Mr Yeltsin).

Elections to the new parliament took place on 12 December 1993, and a new Constitution was approved by referendum on the same day.

General data

Russia inherited 76% of the territory of the former Soviet Union, that is 17,075,400 square kilometres - and 11 time zones - and 148 million inhabitants but of which only one-fifth live outside what is considered the 'European' part of the Federation.

The Russian Federation has 89 subjects (listed in Article 65 of the Russian Constitution): Republics, Regions, Districts and Territories as well as two cities of Federal significance, Moscow and St Petersburg

The Federation counts over 100 nationalities and ethnic groups. There are, moreover, large Russian-speaking minorities in its neighbouring States, allegedly up to 25 million.

II.    The Legal System

a.    The rule of law

When addressing the three Committees concerned with Russia's request for membership on 30 January 1995, the Chairman of the President's Human Rights Commission (and this year's recipient of the Council of Europe's Human Rights Prize), Mr Serguei Kovalev, explained the general lack of respect for the rule of law as follows: "... The cause lies not only, or not so much, in ill will from the part of the authorities, whether local or federal. Nor does the problem lie merely in unsatisfactory laws. It is rooted about all in the extremely low level of legal awareness both of authorities and of the people. After all, what is the point of proclaiming civil rights and freedoms in the Constitution if the people are incapable of ascertaining them and unaccustomed to doing so? What purpose is served by good laws if the individual citizen is not prepared to obey them ? What is the point of reforming judicial procedures if people prefer not to go to court but to defend their interests through other, often criminal, channels ? It would take years of intensive work before the majority of the population arrive at the necessary level of legal awareness." In order to overcome these problems, Mr Kovalev stressed that Council of Europe membership would be of considerable assistance.

Attention has also been drawn to the fact that since Czarist times, it is the high and middle ranks of the bureaucracy who are invested with power and not the courts. This bureaucracy has an interest in maintaining its power.

There is apparently a saying in the Duma "Let's make one law which implements all the others". The absence of the rule of law was furthermore cited as a priority concern by President Yeltsin in his annual address to the Russian Federal Assembly on 17 February 1995.

In Resolution 1065 (1995), the Assembly recognised that a broad awareness and respect for rule of law must be developed "in all its aspects: political, legal and administrative - and at all levels: national, regional and local". It further recognised that the progress would not be constant and would take many years.

Yet, it should be stressed here that the Assembly also recognised the dynamic direction of many positive developments in the Russian Federation. In this respect, the continuation and strengthening of the Council of Europe's long-term cooperation and assistance programmes could make a major contribution.

The Rapporteur is convinced that membership of the Council of Europe would enable the support and pressure that have so often been identified as essential to progress in Russia - in particular as regards the development of the rule of law.

b.    Legislation

An examination of existing Russian legislation should of course start with the Constitution. The European Commission for Democracy through Law, in an Opinion dated 24 March 1994, noted that "the Russian Constitution, adopted by popular referendum on 12 December 1993, does not give rise to any serious question as to conformity with principles of democratic States, governed by the rule of law, and respect for human rights."

It should be noted that the Constitution provides that rules and principles of international law (including international treaties) take precedence over ordinary laws. However, as has been pointed out, this seems to be more theory than practice. In particular, the implementation of the human rights guarantees in actual state practice was reported to contain many deficiencies or be even non-existent. It has been pointed out that in many areas new legislation was absolutely necessary for the effective protection of the human rights guarantees in the Constitution.

It must also be noted that the Constitution provides Russia with the political institutions of a modern, democratic, federal State.

With regard to other legislation, the Rapporteurs have consistently stressed the importance of the Criminal Code, the Code of Criminal Procedure, the Civil Code, the Code of Civil Procedure and the Law on the penitentiary System. The Russian authorities have drawn attention to the importance of the Constitution which modifies the operation of all legislative texts. They stressed that the aforementioned legal texts had been regularly revised and supplemented. Furthermore, it was claimed that in the past their application had been biased towards established ideological dogmas, which had now disappeared.

Under the 1991 Mass Media Act, the freedom of the media is guaranteed. In fact, the private media have been strong supporters of reform and highly critical of the authorities. They also strongly condemned the war in Chechnya. A new law on television and radio broadcasting is under preparation. The Assembly should insist that it be in conformity with the Council of Europe's standards and principles.

From the information of recent legislative developments in the Russian Federation given by Mr Podoprigora, Chairman of the Committee of International Affairs of the Council of the Federation (and member of the special guest delegation) it appears that progress has been made towards the adoption of new legislation on each of the afore-mentioned laws (see Annex 6). It is also clear that the importance of these fundamental legal texts, and their complexity make it inevitable that their adoption takes a certain amount of time. Nevertheless, in particular in view of the demands made on other States which recently joined the Council of Europe, the Rapporteur considers that the Assembly should insist that a new Criminal Code, Code of Criminal Procedure, Civil Code, Code of Civil Procedure and Law on the Penitentiary System be enacted within a year from accession.

Other new legislation which the Rapporteurs deem important to the protection of human rights in Russia are the following: Law on the Status of Judges, Law on the Public Procurator's Office, Law on the Legal Profession, Law on National Minorities, Law on Freedom of Assembly, Law on the Commissioner of Human Rights (Ombudsman), Law on Religious Organisations (freedom of religion).

New laws on the Status of Judges and on Local Self-Government have entered into force this year. They are currently being examined by the Committee on Legal Affairs and Human Rights. Work continues on the Laws on the Procurator's Office, on the Legal Profession, and on National Minorities. A Law on Freedom of Assembly was adopted by the Duma on 9 June 1995 but it is unclear whether it has yet entered into force.

A Draft Law on the Commissioner of Human Rights (Ombudsman) was adopted in first reading by the Duma but has apparently not proceeded to the required further readings.

No recent information has been received about progress on the other laws mentioned. The Rapporteur proposes that, in its Opinion, the Assembly notes the, written, assurance of the Russian authorities that these legal texts will take account of Council of Europe standards and principles.

The Rapporteurs, on points on which clarification of the Russian authorities was requested, expressed concern at the number of draft laws which were at the time being prepared. The main concern was directed at the new Law on the Security Services. The Federal Law on the Bodies of the Federal Security Services, which was enacted on 3 April 1995, authorises these Services to carry out enquiries and preliminary investigations on specific crimes. It would appear that these services (now referred to as FSB) also have their own pre-trial detention centres. The Rapporteur would recall that in a State which respects the rule of law, it is essential that crime, even if rampant, be combated strictly by legal means. The Assembly should therefore insist that this law be submitted to the Council of Europe for examination and modified to the extent that it is not in conformity with the organisation's standards.

The recent Federal Law on the Prevention of the Spreading of the Disease caused by the Human Immunodeficiency Virus (HIV) Infection has given rise to protests. The Assembly should urge the Russian authorities to take into account the standards laid down in Recommendation (89) 14 on the ethical issues of HIV infection of the Committee of Ministers of 24 October 1989 as well as in the Assembly's own Recommendation 1116 (1989) on AIDS and human rights.

c.    Specific human rights issues

Detention centres

There can be no doubt that the conditions in many Russian detention centres fall far short of Council of Europe standards. The length of pre-trial detention, and the conditions in pre-trial centres, as well as in special regime cells (isolation, death row) result in inhuman and degrading treatment. The findings of the eminent lawyers, as well as of the President Yeltsin's own Human Rights Commission are unequivocal. Urgent reform is needed. The Russian authorities have themselves admitted that situation remained unsatisfactory, in particular due to severe over-crowding. It is important to note that the Russian authorities clearly stated their intention to bring detention conditions in line with the requirements of Recommendation A (87) 3 on European prison rules, adopted by the Committee of Ministers on 12 February 1987. The Assembly should stress this commitment in its Opinion. It is clear that the conditions of detention should also be an important aspect of the monitoring, as well as of the "Joint programmes". Sufficient material resources will be of major importance, especially as other investments (for instance in new hospitals) are also urgently needed. The immediate signing and rapid ratification of the European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment should be insisted upon.

The death penalty

At least 28 criminal offences continue to carry the death penalty. While the Committee on Legal Affairs and Human Rights will examine this question in some detail, the Rapporteur considers that especially given the weakness of the rule of law in Russia, and the resulting risks of unfair trials, a moratorium on the executions should be called for. As Ukraine, Russia should also be asked to sign within one year, and ratify within three years from the time of accession, Protocol 6 of the European Convention on Human Rights on the abolition of the death penalty.

The armed forces

Several non-governmental organisations have drawn attention to the prevailing system of brutality in the armed forces, and in particular the violation of basic rights of young conscripts and recruits. These have led to considerable numbers of casualties during normal peace-time activities. The army's adherence to old laws and traditions was given as an important reason.

In addition, it should be noted that the living conditions of many servicemen have seriously deteriorated as a result of the large scale concentration on Russian territory of troops withdrawn from Germany, Central and East-European countries as well as from the Baltic states. The enormous logistical, economic and social difficulties

which resulted from this unprecedented mass withdrawal should not be underestimated.

A related issue is the absence, so far, of a Law on Alternative Service, although this is foreseen in Article 59 of the Constitution.

The right of freedom of movement

Although the right of freedom of movement and choice of place of residence is enshrined in Article 27 of the Constitution of the Russian Federation, as well as in the Law on the Right of Citizens to Freedom of Movement and Choice of Place of Residence (1992), these rights are in practice not yet respected. This was explicitly admitted by the Russian authorities as regards the major cities. A decision of the Constitutional Court on the illegal practices of (in particular the Moscow) local authorities could contribute to the full exercise of the rights guaranteed. Apparently, new administrative rules were adopted on 17 July 1995 by the Russian Government but their practical effect remains to be examined.

Apart from the obvious non-respect for the rights of those immediately concerned, the fact that illegal practices apparently occur on a massive scale with the active support of local authorities demonstrates a worrying lack of respect for the rule of law and cannot but undermine the ordinary citizens' confidence in it. The Assembly should therefore clearly indicate the importance it attaches to this problem being resolved rapidly.

Fight against crime

There has been wide-spread criticism of the Presidential Decree No 1226 of 24 June 1994 urging measures to protect the population against vindictive and other manifestations of organised crime. The Russian authorities have admitted that certain provisions of this decree conflict with the Constitution and other Russian legislation.

The Constitutional Court, which could declare these provisions null and void, should examine the decree. Although the need to take tough measures against organised crime is understandable, these measures should clearly remain within the law. It is especially in areas where it is in difficulty that a democratic State must uphold the rule of law.

Other issues

Other issues where progress is needed, and which should be kept under review by the Assembly, concern the private ownership of land, the freedom of movement of people who know "State secrets" and the restitution of religious property. Moreover, it should be ensured that the application of the CIS Convention on Human Rights, recently ratified by Russia, should not in any way interfere with the procedure and guarantees of the European Convention on Human Rights.

The Russian legal system shows many, sometimes serious, shortcomings. It is clearly not yet fully in line with the Council of Europe's standards. But neither were the legal systems of many States which have joined the Council of Europe in recent

years. However, in these cases, the Assembly awarded a "credit of confidence", based on explicit commitments and the Assembly's own conditions. Through advisory and control programmes as well as an extensive cooperation and assistance programme, Russia should be helped to improve its legal system. The dynamics and the direction of many positive developments across the Russian Federation, in the Rapporteur's view, justify the Assembly's confidence.

III.    The State of Democracy

a.    The Presidency

The Russian Constitution created a presidential system which has been described as in between the French and American presidential systems. However, it could also be argued that the position of the Russian President is in fact stronger than those of any of his Western counterparts.

Since its creation, the presidential apparatus has expanded considerably. A core element of it is the Security Council, based on a 1992 law and subsequently created by presidential decree in June 1992. It is chaired by the President who, together with the other two permanent members, the Prime Minister and the Secretary, has a casting vote. Other members include the Ministers of the Interior, Defence, Justice, Emergency Situations and Foreign Affairs, the Head of the Security Services as well as the Presidents of the Duma and the Council of Federation. This body was responsible for the decisions on the Chechnya crisis.

In addition, the Russian President has an increasing number of troops under his exclusive command, whose loyalty is enhanced by special privileges.

The President is entitled to issue decrees and directives, which should be in conformity with the Constitution and Federal laws. In the absence of new legislation being adopted by the Parliament, the President has filled the normative vacuum and ruled by decree in several areas.

The decision to order troops to Chechnya without giving any role to the Federal Assembly, indicated the extent of presidential power. The relevant decrees were subsequently upheld by the Constitutional Court in its decision of 13 July 1995. The Court considered that in the absence of specific legislation, the President was free to act as he did.

b.    The Parliament

In its report on the elections of Russia of 12 December 1993, the Bureau's ad hoc Committee concluded that "although the electoral campaign gave rise to some inequality of opportunity between the different political blocs and candidates, particularly as regards access to the media, the general elections in Russia on 12 December 1993 were free and democratic". Some features of the Russian electoral process which depart from standard European practice, such as the way in which some electoral commissions were appointed, were brought to the attention of the Russian authorities.

It has been rightly pointed out that, from a democracy-building point of view, the fact that President Yeltsin's supporters lost the 1993 elections, but accepted their outcome, was an important achievement.

Although the Constitution gives only limited power to the Federal Assembly, namely the State Duma and the Council of the Federation, and despite the divisions in the Duma, much serious political and legislative work has been undertaken. This has been demonstrated by the Duma's reaction to the Chechnya crisis. The positive contribution of most of the members of the Russian Special Guest Delegation to the work of our Assembly should be noted. Moreover, the intense international interest in the forthcoming Russian elections to be held on 17 December 1995 underscores the role of parliament in Russia.

Following an invitation by the Russian authorities, the Bureau has set up an ad hoc committee on the elections to be held on 17 December 1995. The ad hoc committee met in Strasbourg on 9 November 1995 and elected Mr Mühlemann as Chairman, Mr Bindig as Vice-Chairman and Mr Atkinson as Rapporteur. It further agreed that the ad hoc committee would be convened in Moscow from 14 to 19 December 1995.

A fuller analysis of the position of the Parliament, including the problems related to the reconstitution of the Council of the Federation, will be dealt with in the report of the ad hoc committee.

c.    The judiciary

Judges under the communist regime were never considered to be the protectors of the citizens' rights against the State, and this seems to remain the prevailing opinion even today among judges. It would also appear that this view is still largely shared by the Russian people. A new law on the status of judges came into force on 21 June 1995. The Russian authorities have also emphasised the various guarantees of the independence of the judiciary such as their irremovability and appointment for life.

The Constitutional Court, whose functions had been suspended during the crisis of Autumn 1993 took up its new functions in February 1995.

An interesting development is the introduction of yrt trials in a number of regions. It is hoped that this can soon be introduced throughout the Federation.

The main problem as regards the judiciary in Russia appears to be a problem of mentality both of the magistrates and of the public. As such it is linked to the absence of a general awareness of, and respect for, the rule of law already mentioned above. The Rapporteur considers that, besides advisory and control programmes, legal education of practitioners, and awareness-raising projects should therefore be a central part of the Council of Europe and European Union "Joint Programme" with the Russian Federation.

As regards the situation of the Professional Lawyers Association (the Bar)- a vital institution in the development of a new legal 'culture' - two draft laws are currently being considered. They have been transmitted to the Secretariat of the Council of Europe for examination. The Assembly should insist that the status of the legal profession be protected and a professional Bar Association be established.

d.    Local democracy

As regards local democracy, by the end of August 1995, elections to the representative bodies of 87 subjects of the Russian Federation had been held. The election in the Ulyanovsk Region will be held on 17 December 1995, while those in the Chechnya are not yet fixed. On 28 August 1995, President Yeltsin signed a new federal law on general principles of the organisation of local self-government. The Council of Europe participated in the drafting of this law.

On 20 November 1995, the Bureau of the Congress of Local and Regional Authorities in Europe adopted a report on the state of local democracy in the Russian Federation. It concluded that the full implementation of the institution of local self-government had not yet been achieved but was well under way, thanks to the Constitution and to the recently adopted federal law, both of which were in conformity to the European Charter of local self-government.

The Bureau of the Congress stressed that elections should take place as soon as possible in all subjects of the Federation (both at the level of the Assemblies and of the executive bodies of the subjects, as well as at the level of the local authorities, executive body and council). It also proposed that the Congress should continue to monitor attentively the evolution of local democracy. The Council of Europe should assist in the effort to promote the training of elected officials and municipal staff.

The Rapporteur notes that there has been a general tendency for the regions to acquire greater powers. It would appear that this tendency could contribute to greater democratisation and provide a safeguard against renewed authoritarianism. The Chechnya crisis should not be regarded as a typical development.

Unlike many other new Member States of the Council of Europe, Russia does not have the benefit of a democratic tradition. A civil society did not exist. But major progress has been, and continues to be, made. Membership of the Council of Europe would certainly stimulate further progress.

IV.    The Market Economy

a.    The economic situation

According to the World Bank's 1995 World Development Report, in 1993 Russia's GNP per capita was 2.260 US $. Its total GDP was around 346 billion US $. According to a recent report prepared by the Assembly's Committee on Economic Affairs and Development Russia's GDP declined throughout 1992 and 1993 but stabilised in the second part of 1994. Certain sources forecast a small fall in GDP of about 2% in 1995, but expect a growth of around 3% in 1996.

Since market reform started some two years ago, some 90 000 small shops and businesses, representing 80% of all enterprises with less than 200 employees have

been privatised. More than 40 million people are reported to own shares in private enterprise. In March 1995, an agreement with the International Monetary Fund resulted in 6,5 billion US $ being made available for financial assistance to support Russia's economic stabilisation programme. In July 1995, the so-called "London Club of Creditors" preliminarily agreed to restructure Russia's debt over 25 years.

While inflation seemed out of control in recent years, it came down this year from 18% in January to 6,7% in July 1995. This also enabled the Russian Government to keep the rouble within its exchange rate corridor to the US dollar.

However, since the 1995 harvest is expected to be the worst in two decades, due to the drought, assistance to the agricultural sector may result in renewed inflationary pressure.

b.    Prospects

Concentration is on the way in Russian industry, with conglomerates being established particularly in the oil, gas, mining, metal and communications sectors. These are increasingly of interest to foreign investors. Insufficient legal certainty, however, is still an important deterrent.

The restructuring of the industrial sector remains a major problem. A new bankruptcy law, which came into force in March 1993, is not yet sufficiently implemented at company level. The social and political consequences of liquidating bankrupt companies however are serious since many Russian cities rely entirely on one or only a few enterprises. There is no adequate social safety net for workers. Already the number of officially registered unemployed could rise to 10 million by the end of the year. The World Bank has announced that as much as one billion US dollars of funding could be made available for projects to relocate and retrain workers.

Complaints voiced by the business community concern the absence of proper legislation, a burdensome tax system and complicated local and regional bureaucratic procedures.

The problems that economic reforms encounter are particularly strong in the agricultural sector. Here, as a result of a February 1995 decree, privatisation has virtually come to a halt. The so-called "agricultural complex" is stronger than ever and is supported by strong, general, dissatisfaction with government policies, which reduced the traditionally large subsidies to the agricultural sector.

Another serious impediment to economic reform is the growth of organised crime. There is a widespread feeling that stronger government action is essential in countering this phenomenon.

c.    The environment

As other Central and Eastern Europe States, Russia has to cope with the environmental disasters caused by the former communist economic system.

Air and water pollution (including notably the Black Sea, the Sea of Azov and the Baltic Sea) have reached such levels as to have consequences on public health. Of particular concern is nuclear safety, also of military installations.

Russia has already signed various international agreements in the environmental field and is prepared to extend its international cooperation to prevent and eliminate the ecological effects of natural and technological disasters. It has declared its intention to accede to the Council of Europe's Bern Convention on the Conservation of European Wildlife and Natural Habitats.    

After years of decline, it seems that the economic reforms are beginning to bear fruit. The success of these reforms will also be of capital importance for democratisation and legal reform.

V. Areas of political or military tension

a.    Chechnya

On 5 March 1994, Nationalities' Minister Shakhrai, warned that the Chechnya crisis would become of paramount importance to the Russian Federation in the course of the year. In a debate in the Duma end-March, political group leaders echoed these views. In consideration of the recently concluded negotiations with the Tatarstan Republic, they urged the government to seek a similar solution with representatives of Chechnya. Talks were arranged between the Head of the Presidential Administration, Mr Filatov, and the Chechnya Secretary of State, Mr Akbulatov. They were soon broken off because Grozny, according to Mr Filatov, was not prepared to regard Chechnya as a subject of the Russian Federation.

In May and June, the armed struggle between Dudaev's supporters and his opponents intensified.

Dudaev's decree on disarmament of all armed units of the opposition (11 June 1994) caused an escalation which led to civil war. In a statement of 29 July 1994, the Russian Government admitted that the situation was out of control but denied its military involvement on the side of the opposition. President Yeltsin and several members of the government maintained this position up to end-November when an offensive by Dudaev's opponents failed, and it seemed that Dudaev was in control of the situation.

The decision on military action was taken early December. Attacks on railways and pipelines would no longer be tolerated. Attacks on the ethnic Russian population were to be forestalled. Pressures from some sources to seek a political solution were ignored. A brutal war was initiated. After violent combat, Russian forces occupied about 66% of Chechnya's territory and advanced into part of the mountainous regions, while leaving about 20% of the country untouched. These events led the Assembly to suspend the procedure on its statutory Opinion on Russia's request for membership (Resolution 1055 (1995) of 2 February 1995, Annex 4).

The Sub-Committee on Human Rights of the Committee on Legal Affairs and Human Rights, following a fact-finding visit to Moscow, Chechnya and the neighbouring republics from 5 to 11 July 1995, concluded that violations of human rights and of international humanitarian law had been committed by both warring parties. The Federal authorities were held responsible for indiscriminate fire, human rights abuses by the Special Ministry of the Interior and OMON troops (including robbery, looting, extortion, arson, "disappearances" and the treatment of persons taken to filtration points). The Chechnya fighters were held responsible for terrorist attacks.

Following a further visit by the Rapporteurs of the three competent Committees to Moscow and Grozny (21-24 August 1995), the Assembly adopted Resolution 1065 on 27 September 1995. It found that "Russia is now seeking a political solution to the Chechnya conflict. As of late 1994 and early 1995, the difficulties and implications of the use of force were underestimated, as were the international repercussions. The 30 July peace agreement is the outcome of a clear shift of policy towards the concerns set forth in Resolution 1055. The agreement is fragile. Violations may continue. But a process, however imperfect, of disarming and withdrawal and preparations for an election and a new constitution have begun. Assurances have been given by the authorities that allegations of human right violations reported to the Sub-Committee on Human Rights are under investigation, and that the report as a whole will be responded to."

b.    Moldova

The conflict between the Moldovan authorities in Chisinãu and Transnistrian separatists in 1992 led to a civil war-like situation, which only ended after the intervention of the Russian 14th Army under the command of General Lebed and subsequent to the conclusion of the Agreement signed 21 July 1992 by President Yeltsin and President Snegur and to the stationing of tripartite peace-keeping forces in the zone of conflict.

The Republic of Moldova considers the presence of the Russian 14th Army in Transnistria as a factor of instability. Leaders in Tiraspol hold that it has contributed to stabilising the political situation in the region. Although the 14th Army is limited in manpower (around 7,000 soldiers, most of whom are of local origin), it guards massive stockpiles of weapons, intended for several army groups. In case the Army were dissolved, these stockpiles could create a dangerous situation.

On 21 October 1994, the Moldovan and Russian Prime Ministers, Mr Sangheli and Mr Chernomyrdin signed an agreement on the withdrawal of the 14th Army from the Moldovan territory within three years from the coming into force of the agreement. It still has to be ratified by the Russian Parliament. The Rapporteur proposes the withdrawal of the 14th Army be made a specific condition in the Opinion on Russia's request for membership. At the same time the parties to the conflict should be urged to reach a political settlement with the assistance of the Council of Europe and the OSCE.

c.    Ukraine

In the report on Ukraine's request for membership (Doc. 7370), attention is drawn to certain problems in the relationship between Ukraine and Russia. It is recalled here that 22% of Ukraine's population is ethnic Russian (over 11 million, out of a total population of 52 million). In the Crimea, ethnic Russians constitute the majority of the population (approximately 70%). Over 4 million Ukrainians live in Russia.

The signing on 9 June 1995 by the Presidents of Ukraine and Russia of an Agreement on the division of the former Soviet Black Sea Fleet's access to naval facilities in Sevastopol brought a long-standing dispute to an end. A comprehensive partnership treaty is under preparation. The Council of Europe, together with the OSCE should contribute to building a climate of confidence.

d.    The Baltic States

For the Assembly, the withdrawal of Soviet troops from the Baltic States was an important element in the assessment of Russia's request for membership. The fact that such a withdrawal has taken place is a major positive development.

Another specific problem concerns the Russian-Estonian border. The Russian Federation has not recognised the former Estonian-Russian border treaty (of 1920) and has unilaterally marked the new border on the internal border of the Soviet period. This has created tension and also divided the Setu ethnic community. Problems in cross-border communication are said to put this community at risk. Here, too, the Assembly should encourage a settlement. The Council of Europe could be asked to act as an intermediary.

Real estate (embassy buildings in third countries) as well as cultural and historical property which was expropriated by the Soviet Union in 1940 and in subsequent years, has still not been returned to the Baltic States. The Assembly should encourage, and where possible, facilitate a rapid settlement of this question.

It is essential that, henceforth, Russia refrain from making any military threats against the Baltic States. Instead, constructive proposals for the resolution of outstanding issues are called for.

e.    Others

Military conflicts in other CIS States such as Armenia, Azerbaijan, Georgia and Tadjikistan have led Moscow to send, or to propose to send, peace-keeping troops. There is little doubt about the reluctance of Western States to commit military personnel to these troubled areas. Although Russia's policy has been criticised as an attempt to ensure military supremacy throughout the former Soviet Union, the presence of its forces has prevented these conflicts from spreading.

The dissolution of empires does not take place without turmoil. The end of the Soviet Union is no exception. Its successor States have inherited a number of - sometimes violent - conflicts. However, these have not led to an explosion as in former

Yugoslavia. As the (main) military successor to the former Soviet Union, and by choice, the Russian Federation is involved in these conflicts. Its military presence has had a stabilising influence, but cannot be accepted if continued on the territory of other sovereign States without the latter's consent. Chechnya has again demonstrated that there are no military solutions to political problems. But it is also clear that political solutions will take much time and patience. Russia's participation in the Council of Europe as a political forum, and use of its instruments, can contribute to finding such solutions. Meanwhile, in its Opinion, the Assembly should make it clear that Russia should seek to settle international, as well as internal, disputes by peaceful means, as an obligation incumbent on all Member States of the Council of Europe.

VI.    Conclusions

The following conclusions should be drawn:

i.    Through the adoption of new legislation, Russia is making progress towards becoming a State based on the rule of law. Further progress is needed and legislation has to be implemented, and seen to be implemented, in everyday life.

ii.    Human rights must be respected. Alleged violations must be investigated and those responsible brought to justice. This applies in particular also to events in Chechnya.

iii.    Separation of powers is to be maintained but more power should be given to the legislature. Free elections to the regional assemblies of all subjects of the Federation are essential to local democracy.

iv.    A sensible division of authority should be established between the centre and the subjects of the Federation. The lower political level should be given responsibility. This is also an additional safeguard against a too great concentration of power in the centre.

v.    The independence of the judiciary should be strictly respected and decisions should be taken on a purely legal basis.

vi.    The necessary legal framework should be created to underpin economic reforms and attract foreign investment.

vii.    Measures against organised crime should be strengthened, while remaining within the framework of the law, in order to reassure citizens and foreign investors.

viii.    Cooperation should be enhanced with the Council of Europe and the OSCE in order to avoid armed conflict through preventive action. Military power should not be relied upon but political solutions sought.

ix.    The Parliamentary Assembly- through its Political Affairs Committee, its Committee on Legal Affairs and Human Rights and its Committee on Relations with European Non-Member Countries- will establish an advisory and control programme in order to assist in the establishment of the rule of law.

x.    At intergovernmental level this will be complemented by long-term assistance and support, such as the Council of Europe/European Union "Joint Programme" currently under preparation.

xi.    The Committee of Ministers should take the necessary measures to enable the Council of Europe to adapt to the new circumstances.

xii.    Russia does not yet meet all Council of Europe standards. But integration is better than isolation; cooperation is better than confrontation.

Annex 1 :

Resolution (92) 27 on the Russian Federation

(adopted by the Committee of Ministers on 25 June 1992 at the Ministers' Deputies' 478th meeting)

The Committee of Ministers,

Recalling its decision, taken at its 8th Session in May 1951, to consult the Parliamentary Assembly before inviting a State to become a member or associate member of the Council of Europe in accordance with the provisions of the Statute;

Considering that the Government of the Russian Federation has expressed, in its letter of 6 May 1992 to the Secretary General of the Council of Europe, the wish to be invited to join the Council of Europe, and has declared itself willing to respect the principles laid down in Article 3 of the Statute;

Having taken note with satisfaction of the Russian Federation's interest in joining the Organisation;

Invites the Parliamentary Assembly to state its opinion on this matter and brings the following considerations to the attention of the Assembly at this stage:

First of all, the Committee of Ministers wishes to inform the Assembly that there is consensus among its members in favour of the Russian Federation's joining the Organisation as soon as the conditions laid down in the Statute, ie implementation of the principles of pluralist parliamentary democracy, respect for human rights and the rule of law, have been satisfied. This implies that the legislative and judicial systems of the Federation as well as its component entities would have to conform to the principles of the Rule of Law.

In the course of his exchange of views with the Ministers attending the Committee of Ministers' 90th Session on 7 May 1992, the Minister of Foreign Affairs of the Russian Federation indicated that Russia would be prepared, like any other State joining the Organisation, to ratify the European Convention on Human Rights. The Committee of Ministers took note with satisfaction of this intention and also of the willingness of the Russian Government to recognise the right of individual petition and the compulsory jurisdiction of the European Court of Human Rights. The Russian Federation would thus have to give effect to the obligations under the Convention throughout the whole of its territory at the various levels of the administration.

Bearing in mind the country's size and the diversity of its cultural and administrative traditions, the Committee of Ministers shares the view expressed by the Minister of Foreign Affairs of the Russian Federation during the exchange of views on 7 May 1992 that it will take time to translate theoretical freedoms into actual practice, and more especially to improve conditions for their respect in Russian administration and society.

The Committee of Ministers accordingly affirms its willingness to deepen its dialogue with the Russian authorities and intensify the support provided through its cooperation and assistance programmes, with a view to facilitating and accelerating the Russian Federation's transition to democracy, and enabling it to join the Council of Europe as soon as possible.

Annex 2 :

Conclusions of the report on the conformity of the legal order of the Russian Federation with Council of Europe standards

1.    The task of the experts consisted of forming and presenting to the Parliamentary Assembly of the Council of Europe an opinion on the conformity of the legal order of the Russian Federation with Council of Europe standards. According to Article 3 of the Statute of the Council of Europe, every member "must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms and collaborate sincerely and effectively in the realisation of the aim of the Council".

2.    The question for the experts to answer is whether the Russian Federation fulfils the prerequisite of being a genuine democracy showing respect for the rule of law and human rights. It is the answer to this question which must form the conclusion of our report and we wish to stress that we were, of course, not asked to utter an opinion on the political question whether the Russian Federation ought to be admitted to the Council of Europe.

3.    As far as our conclusions on those rights which are of particular importance for democratic development are concerned, they are mainly based on information gathered in Moscow.

4.    As far as the topic of democracy is concerned, it is a matter of common knowledge that the Russian Federation gave itself a Constitution and political institutions which bear essential features of a modern democratic State with a federal structure. Parliamentary elections were held, and the main organs provided in the Constitution have taken up their functions. They obviously face and must solve many problems, some of which have been mentioned in the general considerations at the beginning of this report.

5.    It is our impression that the Russian Federation has embarked upon the road towards democracy. It has not yet fully reached the goal of that journey and the obstacles which lay ahead are great and manifold. Apart from the economic problems facing many States at the present time, apart from the difficulty of establishing new structures on all levels of the community and apart from the particularly acute and fear-rising problem of organised crime, the Russian Federation has to overcome particularly difficult problems in view of its size and the number and variety of its components.

6.    A central question we have to address relates to the rule of law. This aspect is discussed in several sections of this report, especially in Mr Trechsel's findings for the field of the administration of justice. While the Constitution guarantees a comprehensive set of fundamental rights and establishes that international conventions are part of the Russian legal order and prevail over ordinary laws, this seems to be more theory than practice. In many important fields- civil law and civil procedural law, criminal law and criminal procedural law in particular - the essential legal codifications have not yet been reformed as planned and the work might still take a considerable amount of time. The traditional authoritarian thinking still seems to be dominant in the field of public administration. This might be due to the fact that certain personal components are still the same as in the former USSR. The courts can now be considered structurally independent from the executive, but the concept that it should in the first place be for the judiciary to protect the individuals has not yet become a reality in Russia.

7.    The experts have come to the conclusion that so far the rule of law is not established in the Russian Federation.

8.    With regard to the protection of human rights, there can be no doubt that considerable progress has been achieved. Perhaps the most important example is the freedom of expression, in particular the freedom of the press. There have been no allegations of prosecution of persons for their political opinion. The same is true for other areas, such as freedom of religion, although practical and economic difficulties seem to exist. Similarly, the representatives of minorities did not complain of individual discrimination but of a lack of protection of group interests, in particular as far as access to the mass media and to appropriate representation in the public administration is concerned.

9.    With regard to the right to property and the freedom of movement, including the right to chose the place of one's residence, large cities, in particular Moscow, seem simply to ignore the Constitution.

10.    Considerable problems have become evident in the field of the administration of justice. Conditions in pre-trial detention centres are degrading if not even inhuman. The guarantee of individual liberty is far behind the requirements of Article 5 of the European Convention. The fairness of criminal proceedings is not effectively guaranteed, with the exception, perhaps, of the jury trial introduced on an experimental basis in nine areas.

11.    The experts are also alarmed by the project of a Euro-Asian convention on human rights as far as it might introduce its own mechanism of implementation. If such a mechanism were in fact created, it must be secured that it does not exclude or undermine the application of the Strasbourg mechanism. This would be the case in particular if applications to the organs of such a Euro-Asian mechanism were to be considered as a remedy to be exhausted prior to an application to the European organs. On the other hand, it is still not clear which remedies will be available on the national level for persons who consider themselves to be victims of a violation of their fundamental rights.

12.    The experts have come to the conclusion that, notwithstanding the considerable progress achieved so far, the Russian Federation does not (yet) fulfil the condition "of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms".

13.    In sum, the experts have, after careful consideration of the evidence submitted to them and the findings during their mission, come to the conclusion that the legal order of the Russian Federation does not, at the present moment, meet the Council of Europe standards as enshrined in the statute of the Council and developed by the organs of the European Convention on Human Rights.

Annex 3 :

High level Russian Message [2]

Moscow 18 January 1995

Mr President, Distinguished Rapporteurs and Members of the Parliamentary Assembly of the Council of Europe,

The admittance of Russia to the Council of Europe in the near future will be of historical significance. New important prerequisites for the creation of the Greater Europe with a common humanitarian, legal, social and cultural space will be created. The transformation of the Council into an organisation comprising the whole of Europe will make it possible to defend together the common values shared by all European nations and ensure democratic security in a consistent manner.

Our desire to gain full membership of the Council of Europe is a logical consequence of our current policy aimed at establishing the rule of law, strengthening democracy and genuinely securing human rights in Russia. We have succeeded in obtaining substantial results in this regard. However, we are aware that we still have a long way to go. The main thing is to perceive the dynamics of the current transformations, estimate the existing achievements at their full value and observe the determination of Russia's political forces as well as its leaders and mass media to carry on the legal reform.

We are sure that, having regard to the development trends in our society, Russia's accession to the family of European democracies will not result in any lowering of the high standards of your Organisation but, on the contrary, will help to turn them into norms generally accepted and generally applied throughout our continent.

Confirmation of this is provided by the attached "Explanatory notes on the state of the legal system and plans for its improvement in the Russian Federation".

Mr MIGUEL MARTINEZ

PRESIDENT OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE

Mr ERNST MULEMANN

Mr RUDOLF BINDIG

Mr DAVID ATKINSON

RAPPORTEURS OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE ON THE ADMITTANCE OF RUSSIA TO THE ORGANISATION MEMBERS OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE

We expect that, after joining the Council of Europe and acceding to its most important fundamental conventions (first and foremost, the European Convention on Human Rights), we will observe in full the obligations thereby accepted by us and will be able, in collaboration with all the structures of the Organisation, to continue with even greater perseverence and effectiveness our efforts to improve legislation and law-enforcement practice in the Russian Federation in accordance with the standards of the Council.

Sincerely yours,

THE PRESIDENT THE PRIME MINISTER THE CHAIRMAN OF THE FEDERATION COUNCIL THE CHAIRMAN OF THE STATE DUMA
B. YELTSIN V. CHERNOMYRDIN V. SHUMEYKO I. RYBKIN

Annex 4 :

Resolution 1055 (1995) [3] on Russia's request for membership in the light of the situation in Chechnya

1. The Assembly considers that although the political conflict between Chechnya and the central authorities of the Russian Federation is an internal matter, the means employed by these authorities violate Russia's international obligations.

2.    The Assembly thus unreservedly condemns the indiscriminate and disproportionate use of force by the Russian military, in particular against the civilian population, which is in violation of the 1949 Geneva Conventions and their 1977 Second Protocol as well as of the OSCE Code of Conduct on Politico-Military Aspects of Security, accepted by Russia as recently as December 1994.

3.    These actions also constitute a grave violation of the Council of Europe's most elementary human rights principles, which Russia, by requesting membership of the Organisation, pledged to uphold.

4.    The absence of parliamentary control over the decisions of the Russian Security Council and the apparent non-implementation by the military of Presidential orders is contrary to our Organisation's standards on democracy and the rule of law. Current legal uncertainties, especially in the Constitution should be clarified. For this reason, the Assembly supports the efforts of the State Duma to modify the relevant legal provisions.

5.    The Assembly calls upon the Federation Council and the State Duma of the Russian Federation to use all legal means to exert their combined pressure on the executive authorities of the Federation to stop without delay military action in Chechnya and to resolve the conflict peacefully through negotiations.

6.    The Assembly lends its full support to those in Russia who, together with the international community, call for an immediate end to military operations and the opening of a political dialogue to solve the conflict peacefully.

7.    It favours continued dialogue with Russia, through its special guest delegation, through contacts and visits by Rapporteurs, and would equally welcome the continuation of the Council of Europe's intergovernmental assistance programme aimed at strengthening democracy and human rights.

8.    It also encourages the efforts of the OSCE to find a peaceful solution and of UNHCR, the ICRC and the other organisations present on the spot to bring humanitarian assistance to the region.

9.     The Assembly calls on member states to give a favourable response to the appeals for funds issued by the humanitarian organisations in order to finance their action to help

the persons displaced or affected by the fighting in Chechnya. It also appeals to the Russian Government to give its assistance to enable these organisations to carry their activities through to a successful conclusion.

10.     The Assembly takes note of the resolution of 19 January 1995 of the European Parliament and supports the Parliament's position that the European Union should in present circumstances not ratify a "partnership agreement" with Russia.

11.    The Assembly decides to suspend the procedure concerning its statutory opinion on Russia's request for membership. The Assembly, in plenary session, will decide at a later date when to resume its examination of this request for membership.

Annex 5 :

Resolution 1065 (1995)[4] on procedure for an opinion on Russia's request for membership of the Council of Europe

1.    Procedure for an Assembly opinion on Russia's request for membership was interrupted on 2 February 1995. This was because of the use of force in Chechnya by the Federal authorities, in the manner and in the circumstances set forth in Resolution 1055 (1995).

2.    In compliance with this resolution and with Order No. 506 (1995), which instructed the committees concerned "to follow developments ... and report at the first appropriate opportunity":

i.    the Sub-Committee on Human Rights (of the Committee on Legal Affairs and Human Rights) visited Moscow, Chechnya and neighbouring republics from 5 to 11 June 1995;

ii.    the Chairman of the Political Affairs Committee and the Chairman of the Committee on Relations with European Non-Member Countries held talks in Moscow on the occasion of the conference marking the 20th anniversary of the OSCE (ex-CSCE) on 17 and 18 July 1995;

iii.    the Rapporteurs of the three committees held further meetings in Moscow and Grozny from 21 to 24 August 1995, with the full cooperation of the Russian authorities and the OSCE mission. They were thus able to put questions to those responsible on either side for implementation of the 30 July peace agreement in Chechnya.

3.    The purpose of the Assembly has been, through this programme of visits and meetings:

i.    to appraise the situation in Chechnya in terms of human rights;

ii.    to assess prospects for improvement of this situation, in the light of developments in the Russian Federation as a whole;

iii.    to determine when and whether procedure on Russia's request for membership could be resumed.

4.    Russia is now seeking a political solution to the Chechnya conflict. As of late 1994 and early 1995, the difficulties and implications of the use of force were underestimated, as were the international repercussions. The 30 July peace agreement is the outcome of a clear shift of policy towards the concerns set forth in Resolution 1055. The agreement is fragile. Violations may continue. But a process, however imperfect, of disarming and withdrawal and preparations for an election and a new constitution have begun. Assurances have been given by the authorities that allegations of human rights violations reported to the Sub-Committee on Human Rights are under investigation, and that the report as a whole will be responded to.

5.    The democratic process in Russia continues. This should be confirmed inter alia by the elections to the State Duma, to be held on 17 December 1995. The new law provides for appeal and review procedures. International observers are invited; the Assembly should send one of its teams of observers to the Chechen Republic; when regional and local elections are held in this Republic, the Council of Europe's Congress of Local and Regional Authorities should do the same. A presidential election is foreseen for June 1996. Constitutional provisions are thus being observed.

6.    Russia has repeatedly expressed its wish to be integrated with international and European structures. Fact without precedent in Russian history: a role for an international organisation, the OSCE, in mediation of the Chechnya conflict, has been accepted. An interim trade agreement with the European Union has been signed. An application has been made to join the World Trade Organisation.

7.    Members of Russia's special guest delegation have continued to ensure a constructive dialogue with the Assembly and its committees. A special communication will bring up to date the replies (to the questions of the Rapporteurs) which are in appendix to the Message of 18 January 1995 of the President, the Prime Minister, the Chairman of the Federation Council and the Chairman of the State Duma of the Russian Federation. There will thus be available an updated Russian perception of progress towards the rule of law and the protection of human rights, as pre-conditions of an open society, a pluralist democracy and a market economy. The committees should take appropriate action to verify progress in bringing the Russian legal order closer to Council of Europe standards, on the basis of continued co-operation between the Rapporteurs and members of the Russian special guest delegation.

8.    Russia is in a state of radical transition. The timescale of this transition is in quinquennia, even decades. Its pace will vary. Policies of the state authorities will fluctuate. This is because of immense social and economic difficulties, including the fight against organised crime. Tragic errors of policy in dealing with the Chechnya conflict have been recognised. Accordingly, the Assembly has no wish to throw in doubt the long-term direction of this transition: towards democracy, the rule of law, and human (including social) rights and freedoms. Great personal risks have been taken by those who have steered the transition towards these values, with support (which must continue) from international and European institutions. The international financial institutions should re-assess their policies regularly to ensure balanced progress.

9.    There are signs of improvement in the constitutional and legislative basis for human rights protection. The actual state of this protection across the country depends on a broad awareness of, and respect for, the rule of law. Such a "culture" must be developed in all its aspects: political, legal and administrative - and at all levels: national, regional and local. Progress measurable against the highest European standards will not be constant and will take many years. However, despite the tragic experience of Chechnya (as reflected in the report of the Sub-Committee on Human Rights), the Assembly recognises the dynamics and direction of many positive developments across the Russian Federation, which are being supported by programmes of cooperation with the Council of Europe as well as with the European Union.

10.    In this latter regard, the Assembly relies on the continuation and strengthening of the Council of Europe's long-term co-operation programme for human rights, democracy and the building of a legal order in the Russian Federation.

11.    The Assembly resolves to resume procedure for an opinion on Russia's request for membership, and instructs the Political Affairs Committee to act accordingly, in cooperation with the other committees concerned.

Annex 6 :

Legislative developments in the Russian Federation [6]

I.    When will legislative acts that are to come into force before Russia joins the Council of Europe be adopted, such as:

1. Criminal Code

Adopted by the State Duma on 19 July 1995 and submitted to the Council of the Federation, where it is scheduled to be examined in October 1995.

2. Code of Criminal Procedure

Under development.

At the same time, further improvements are made in the criminal procedure legislation. In particular, the State Duma adopted the Federal Law on public protection of victims, witnesses and other persons assisting in criminal proceedings.

3. Civil code

The general part of the Civil Code of the Russian Federation was enacted as from 1 January 1995.

Drafting a special part of the Code is being completed.

4. Code of Civil Procedure

The State Duma is preparing a number of draft laws to improve the existing civil procedure legislation.

In particular, on 10 February 1995, the State Duma adopted in the first reading the draft federal law on changes in the Code of Civil Procedure of the RSFSR (on fine increases) intended to enhance the effectiveness of imposing fines by courts on persons and officials infringing civil procedure laws.

On 21 July 1995, the State Duma adopted in the first reading the draft federal law on changes and amendments to the Code of Civil Procedure of the RSFSR.

It is designed to apply principles of controversy and equality of sides in civil proceedings.

5.     Law on the Penitentiary System

The Criminal Executive Code was adopted by the State Duma in the first reading.

II.    When will the following legislative acts be adopted or corrected

1. Law on the Status of Judges

The Federal Law on Changes and Amendments to the Law of the Russian Federation on the Status of Judges in the Russian Federation came into force on 21 June 1995.

2. Law on the Prosecutor's Office

The State Duma adopted the Federal Law on Changes and Supplements to the Law of the Russian Federation on the Prosecutor's Office of the Russian Federation.

3. Law on the Bar

On 10 October 1994, the Council of the State Duma examined a draft law on advocates and advocates' associations presented by the State Duma Deputy A.M. Traspov; in addition, on 12 January 1995, the President of Russia submitted to the Duma a draft law on the bar in the Russian Federation. Both draft laws are being examined in the Council of Europe.

4. Law on National Minorities

The draft federal law on national and cultural autonomies was given a new title "On National and Cultural Associations of Citizens". After the first reading in the State Duma on 7 July 1995 it was turned down to be revised.

The Federal Assembly adopted the Federal Law entitled Fundamentals of the Legal Status of indigenous Small peoples of Russia, which was turned down by the President of the Russian Federation.

5. Law on Freedom of Assembly (manifestations)

On 9 June 1995, the State Duma adopted the Federal Law on gatherings, meetings, manifestations, processions and picketings.

8. Law on Local Self-government

On 20 July 1995, the State Duma adopted the Federal law on General Principles of the Organisation of Local Self-government in the Russian Federation. The President of the Russian Federation signed it on 28 August 1995.

IV.    What is the status of the following draft laws and what is to be done for their updating in terms of the European standards:

1. On terms of reference of the security services in the exercise of investigatory practice

In accordance with the provisions of the Federal law on the Bodies of the Federal Security Service in the Russian Federation enacted as of 3 April 1995, the security services are entitled to exercise an inquiry and preliminary investigation on crimes delegated by the Russian Federation legislation to these services' terms of reference.

4. On mandatory AIDS-testing of foreigners entering the Russian Federation

Article 10 of the effective Federal law on the Prevention of the Spreading of the Disease caused by the Human Immunodeficiency Virus (HIV-infection) in the Russian Federation states that Russian diplomatic representations or consular agencies issue Russian entry visas to foreign citizens and stateless persons coming to Russia for a period of over three months against a certificate about the absence of HIV-infection unless otherwise stipulated by the international treaties of the Russian Federation.

V.    What measures have been or will be taken to improve the deplorable conditions of detention in Russian prisons, in particular, in investigation cells? Are the Russian authorities ready to take measures to implement Recommendation R (87) 31 - by the Committee of Ministers of the Council of Europe) on the European penitentiary rules ? When will the management of the penitentiary system be actually handed over to the Ministry of Justice of the Russian Federation ?

The Federal Law on Detention of Individuals Accused and Suspected of Crime entered into force on 15 July 1995. Besides, the Criminal Executive Code was adopted in the first reading.

The penitentiary system will be administered by the Ministry of the Interior of the Russian Federation.

VII.    When and what measures will be taken to ensure that the article of the Constitution and the Law on the right of freedom of movement and choice of place of stay and residence of Russian citizens in the territory of the Russian Federation (as of 25 June 1993), are observed all over the territory of the Russian Federation ?

On 17 July 1995, the Government of the Russian Federation approved, in accordance with their law, the Registration and Cross-off Rules for Russian citizens in the place of stay and place of residence, as well as the list of officials responsible for registration.

VIII.    When and what specific measures will be taken to improve the existing law-enforcement practice in order to promote the guarantees of human rights and principles of the rule of law, as well as to create conditions for market relations?

As mentioned before, the legal reform that has been carried out in our country is aimed at solving these problems: the most important components of that reform are the strengthening of the judicial system and the improving of the legislation.

On July 1995, the State Duma adopted the Federal Constitutional Law on the Judicial System of the Russian Federation that lays a foundation for administrative courts.

IX.    On what grounds and for what reasons do the authorities deny access for representatives of international non-governmental organisations to prisons, their contacts with the disadvantaged, in particular, with homeless children ?

The issue of contacts with detained suspects or defendants is resolved to a considerable extent by the Federal Law on the Detention of Individuals Accused and Suspected of Crime.

The same issues with respect to convicts will be developed in the new Criminal Executive Code.

Unfortunately, the issue of the international non-governmental organisations' activities within the territory of the Russian Federation is not adequately regulated and there is a need to make up for this legislative deficiency.

XI.    When will three vacancies in the Constitutional Court be filled and when will the Court become operational ?

All judges have been appointed by the Council of Federation and the Constitutional Court has been operational since March 1995.

XIV.    At what stage are now the negotiations between the Federal Assembly and the Government (the Ministry for Nationalities and Regional Policy) and 89 subjects of the Federation concerning the conformity of regional legislations to the Constitution of the Russian Federation ?

Treaties concretising the areas of jurisdiction have been concluded with Tatarstan, Northern Ossetia, Bashkortostan, Kabardino-Balkaria, Yakutia and Buryatia. The elaboration of such treaties with other subjects of the Federation is currently under way.

The work continues to develop draft federal laws on general principles of division of powers of the state bodies of the Russian Federation and the subjects of the Russian Federation and on procedures of change of the constitutional and legal status of a subject of the Russian Federation.

XV.    When will all the legislative bodies of the subjects of the Federation be elected freely ?

By the end of August 1995, elections to the representative bodies were conducted in 87 subjects of the Russian Federation, except the Chechen Republic and the Ulyanovsk region.

The election in the Ulyanovsk region will be held on 17 December 1995.

The election date in the Chechen Republic will be fixed later.

XVII.        When will the State Duma address the agreement on withdrawal of Russian troops from Moldova (Trans-Dniestre) for the purpose of its ratification?

The Chambers of the Federal Assembly review now the issue concerning the ratification of the Agreement on the Legal Status, Procedures and Dates of Withdrawal of Military Units of the Russian Federation temporarily deployed in the territory of the Republic of Moldova.

XVIII.    When and what practical measures will be taken by the authorities to prevent illegal plutonium and other fissile material trade ?

Penal responsibility is provided now for plunder, infringement of storage rules, use, transfer and demolition of radioactive material, as well as, for violation of radioactive waste handling rules.

XX.    In addition the above-mentioned, are the Russian leaders (President, Prime-Minister, Chairman of the Council of the Federation and Chairman of the State Duma) ready to take a written obligation to the extent that Russia:

d) will examine Protocol 6 (abolition of death penality) for the purpose of ratification, taking into account Recommendation 1044 (1994) of the PACE.

That question requires thorough and long-time examination and the relevant Russian authorities are dealing now with that question;

e) will sign and ratify the European Convention on the Prevention of Torture and Inhuman Degrading Treatment or Punishment

The main ideas of that Convention are incorporated in the effective Russian legislation (Constitution, Penal Code, Code of Penal Procedure). Therefore, there are no particular factors preventing Russia from signing and ratifying that Convention;

g) will examine and apply, for the purpose of accession, the main principles of the conventions of the Council of Europe on extradition, mutual legal assistance in penal affairs, transfers of convicted persons, "laundering", identification, sequestration and confiscation of criminal incomes.

Russia applies now those principles in concluding international treaties and, besides, uses them in legislative activities (draft criminal code, draft law on control of organised crime, etc.). There are no serious obstacles for Russia to accede to the said conventions.

V.N. Podoprigora

Chairman of the Committee of the Council of the Federation for International Affairs

Annex 7 :

Further legislative developments [7]

Moscow, 25 November 1995

On 18 January 1995 a Message of the President of the Russian Federation, Chairman of the Government of the Russian Federation and Chairmen of chambers of the Federal Assembly of the Russian Federation was sent to the Parliamentary Assembly of the Council of Europe, in which a desire of Russia for early joining the Council of Europe was expressed.

The most important achievements of Russia in bringing its legislation and law-enforcement practices in conformity with the standards of the Council of Europe were described, in the form of answers to the questions of the Parliament Assembly reporters, in the Clarifications for the condition and plans of improvement of law order in the Russian Federation which were attached to the Message. [8]

The present document represents a report on major changes in the field of improvement of the Russian legislation, which took place in the period since the Message and the attached Clarifications had been sent to the Parliamentary Assembly of the Council of Europe.

I. Effectiveness of the legislation process and legal reform

By now the State Duma has adopted in total 454 federal constitutional laws and federal laws. 248 laws have been approved by the Council of the Federation and signed by the President of the Russian Federation. They include 3 federal constitutional laws which need a qualified majority when they are adopted, namely on the Constitutional Court of the Russian Federation, on Arbitrary Courts in the Russian Federation and on Referendum of the Russian Federation.

The legal reform has come up, in fact, as the continuation of the activities carried out previously to improve the Russian legislation in order to bring it in conformity with the Constitution of the Russian Federation adopted in December 1993.

On 6 July 1995, the President of the Russian Federation has issued a Decree on the Elaboration of the Legal Reform Concept in the Russian Federation. As a follow-up to this Decree he has approved, by his Ordonnance of 22 August 1995, the Integrated Plan of the Implementation of the Decree.

To attain the goals of the legal reform the following measures are being implemented, in particular:

- coordination of activities in drafting federal laws with a view to avoid duplication of efforts to introduce legislation;

- coordination of the law drafting activities of the subjects of the Russian Federation; harmonisation regional and federal laws and prevention of collisions between them;

- reform of the national law education system, elaboration of new curricula in all law fields;

- carrying out research activities and organisation of workshops in the law-drafting field;

- reform of the judicial system.

The activity of the Federal Assembly chambers of the first convocation has allowed to overcome a sharp constitutional and political crisis in 1991-1993, to ensure social stability and continuity of functioning of the democratic institutions, their evolution from transition to stable mode.

On 21 June 1995, a Federal Law on the Election of the Members of the State Duma for the Federal Assembly of the Russian Federation was signed. The elections of the State Duma members is set for 17 December 1995.

On 17 May 1995, a Federal Law on the Election of the President of the Russian Federation was signed. The election of the President of the Russian Federation is set for 16 June 1996.

Due to certain unsolved conceptual problems a Federal Law on the Procedure of Setting-up of the Federation Council of the Federal Assembly of the Russian Federation has not been yet adopted, but the procedure of setting-up of the Federation Council should be determined in the nearest future.

II.    The most important laws of 1995

The following is a list and brief description of those 1995 federal constitutional laws and federal laws of the Russian Federation which are the most important from the point of view of development of democracy, protection of human rights, regulation of functioning of the State power institutions and integration of Russia into world community.

1.    Federal Law of 3 April 1995 on the Agencies of the Federal Security Service in the Russian Federation.

It determines purpose, powers, staffing and means of the federal security service, as well as the procedures of control and supervision over its activities. It contains a detailed article entitled "Respect for human and citizen's rights in the activities of the federal security service".

2.    Federal Law of 19 May 1995 on Public Associations.

It implements a constitutional right of association and determines the procedures of setting-up and functioning of any public organisation other than religious and commercial one.

3.    Federal Law of 15 July 1995 on the Treaties of the Russian Federation

It establishes the procedures concerning conclusion, implementation and termination of Russia's treaties. The adoption of this Law is important, in particular for acceleration of the process of ratification of treaties by Russia.

4.    Federal Law of 15 July 1995 on Detention of persons suspected and accused of committing crimes

It established, inter alia, the rights of suspected and accused persons, regulates the conditions of detention, and determines the exclusive grounds for use of special means.

5.    Federal Law of 12 August 1995 on Search and investigation activities

It determines the grounds, conditions and scope of search and investigation agencies, the rights and obligations of those agencies, the methods of supervision and control over their activities, and contains a detailed article entitled "Respect of human and citizen's rights and freedoms in the search and investigation activities".

6.    Federal Law of 28 August 1995 on Basic principles of establishing local self-government in the Russian Federation

It provides that the local self-government bodies are excluded from the system of the State power bodies, i.e. represent an autonomous power instance. It provides for a possibility of holding local referenda and imposing and collecting local taxes, and introduces an institution of municipal property.

7.    Federal Constitutional Law of 10 October 1995 on the Referendum of the Russian Federation

It provides that the referendum is held on the basis of general, equal and direct expression of will by secret vote; control over the citizens's will is prohibited; it stipulates that the issues submitted to the referendum should not limit or abrogate generally recognised human and citizen's rights and freedoms and constitutional guarantees of their observance.

8.    Federal Law on Ratification of the Convention of the Commonwealth of Independent States on Human Rights and Freedoms.

It was signed by the President on 4 November 1995.

9.    Federal Law on gatherings, meetings, manifestations, processions and picketings.

It was approved by the Federation Council on 14 November 1995, and is to be signed by the President.

III.    The most important draft laws under consideration

1.    Federal Law on basics of the legal status of small indigenous peoples of Russia. It was rejected by the President of the Russian Federation on 25 August 1995 and is planned to be reviewed by the State Duma.

2.    Federal Law on Defense. It was adopted by the State Duma on 25 October 1995 and rejected by the Council of the Federation on 15 November 1995; a Conciliation Commission has been set up to settle the differences.

3.    Federal Law on the Organised Crime Control. It was adopted by the State Duma and rejected by the Council of the Federation on 3 October 1995. It is to be reviewed by the State Duma.

4.    Penal Code of the Russian Federation. It was adopted by the State Duma on 19 July 1995 and rejected by the Council of the Federation on 4 October 1995. A conciliation Commission has been set up to settle the differences.

5.    Draft Federal Law on Ecological Security. It was adopted by the State Duma at the second reading on 27 October 1995.

6.    Draft Penal Execution Code of the Russian Federation. It was adopted by the State Duma at the first reading on 17 May 1995. It is to be reviewed at the second reading.

7.    Draft Federal Law on Corruption Control. It was adopted by the State Duma at the first reading on 14 July 1995. It is to be reviewed at the second reading.

8.    Draft Land Code of the Russian Federation. It was adopted by the State Duma at the first reading on 14 July 1995. It is to be reviewed at the second reading.

9.    Draft Law on the State System of Protection of the Rights of Minors, Prevention of Minors' Neglect and Delinquency. It was adopted by the State Duma at the first reading on 20 July 1995 and it is to be reviewed at the second reading.

10.    Draft Federal Law on Political Parties. It was adopted by the State Duma at the first reading on 21 July 1995 and is planned to be reviewed at the second reading.

11.    Draft Federal Law on the Procedure of Exit from, and Entry to the Russian Federation. It was adopted by the State Duma at the first reading on 6 October 1995 and is planned to be reviewed at the second reading.

12.    Draft Federal law on the Participation in International Information Exchanges. It was adopted by the State Duma at the first reading on 20 October 1995 and is planned to be reviewed at the second reading.

13.    Draft Federal Law on the Prohibition of Fascist Propaganda in the Russian Federation. It was considered by the State Duma on 5 July 1995 and was rejected. It is planned to be reviewed by the Council of the State Duma.

14.    Draft Federal Law on Appeals of Citizens. It was considered by the Council of the State Duma on 13 April 1995. It is planned to be reviewed.

15.    Draft Federal Law on General Principles of National Territorial Self-government in the Areas of Compact Residence of National Minorities and Indigenous peoples. It was considered by the Council of the State Duma on 18 April 1995 and is planned to be reviewed.

16.    Draft Federal Law on Foreigners in the Russian Federation. It was considered by the Council of the State Duma on 24 October 1995 and is planned to be reviewed.

17.    Draft Federal Law on Impermissibility of Monopolisation of mass media. It was prepared in the State Duma and is planned to be considered by the Council of the State Duma.

18.    Draft Federal Law on the Right for Information. It was prepared in the State Duma and is planned to be considered by the Council of the State Duma.

19.    Draft Federal Law on Personal Data. It was prepared in the State Duma and is planned to be considered by the Council of the State Duma.

20.    Draft Federal Law on the State Protection of Victims, witnesses and other persons who assist criminal proceedings. It was prepared in the State Duma and is planned to be considered by the Council of the State Duma.

21.    Draft Federal Law on the Freedom of Consciousness and Religious Organisations. It was prepared in the Government of Russia and the State Duma and is planned to be considered by the Council of the State Duma.

22.    Civil Code. Second (special) part. Its elaboration is almost completed. The first (general) part entered in force on 1 January 1995.

Chairman of the Committee for International Affairs of the Federation Council,

Member of the Russian Delegation to the Parliamentary AssemblyV.N. Podoprigora of the Council of Europe

Reporting committee: Political Affairs Committee.

Committees for opinion: Committee on Legal Affairs and Human Rights and Committee on Relations with European Non-Member Countries.

Budgetary implications for the Assembly: to be assessed by the Committee on the Budget and the Intergovernmental Work Programme.

Reference to committee: Doc. 6640 and Reference No. 1796 of 30 June 1992.

Draft opinion adopted by the committee on 20 December 1995 by 24 votes to 4 and 6 abstentions.

Members of the committee: Lord Finsberg (Vice-Chairman, MM. Bàrsony (Vice-Chairman), Alvarez-Cascos, Antretter, Baumel, Mrs Belohorska, MM. Bergqvist, Bernardini, Björck, Bloetzer, Bokov, Büchel, Bühler, Cerqueda Pascuet, Diacov, Eörsi, Fassino (Alternate: Speroni), Galanos (Alternate: Christodoulides), Gjellerod, Gotzev, Gricius, Güner, Hardy (Alternate: Atkinson), Irmer (Alternate: Mrs Fischer), Iwinski, Kalus, Kaspereit (Alternate: de Lipkowski), Kirsteins, La Loggia, Mrs Lentz-Cornette, MM. van der Linden, Machete, Martins, Masseret, Mimaroglu, Mitchell, Mühlemann, Nothomb, Paasilinna, Pahor, Mrs Papandreou (Alternate: Mr Rokofyllos), MM. Pavlidis (Alternate: Liapis), Pozzo, de Puig, Radulescu Botica, Mrs Ragnarsdottir, MM. Schieder, Schwimmer, Severin, Sir Dudley Smith (Alternate: Sir Russell Johnston), MM. Spacek, Spahia, Mrs Suchocka, MM. Thoresen (Alternate: Berg), Urbain, Mrs Veidemann, MM. Vella, Woltjer.

NB. The names of those members who took part in the meeting are printed in italics.

Secretaries to the committee: Mr Hartland, Mr Kleijssen et Ms Chatzivassiliou.

[1] by the Political Affairs Committee

[2] The appendix to this Message is contained in Addendum B.

[3] Assembly debate on 2 February 1995 (7th Sitting). See Doc. 7230, report of the Political Affairs Committee (Rapporteur: Mr Muehlemann) and Doc. 7231, opinion of the Committee on Legal Affairs and Human Rights (Rapporteur: Mr Bindig). Text adopted by the Assembly on 2 February 1995 (7th Sitting).

[4] Assembly debate on 26 September 1995 (27th Sitting). See Doc. 7372, report of the Political Affairs Committee (Rapporteur: Mr Muehlemann), and Doc. 7384, opinion of the Committee on Legal Affairs and Human Rights (Rapporteur: Mr Bindig). Text adopted by the Assembly on 26 September 1995 (27th Sitting).

[5] See Doc. 7443 Addenda - Addendum B

[6] Information by the Chairman of the Committee of the Council of the Russian Federation for International Affairs concerning the Status of the Implementation of the Plan for Improving the Law Enforcement Practice (as of 28 August 1995)

[7] Information on the legal reform progress in Russia and improvement of Russian legislation in accordance with the standards of the Council of Europe (as of 20 November 1995).

[8] See Addendum B.