Russia's request for membership of the Council of Europe
Doc. 7443 Addendum III
2 January 1996
ADDENDUM III to the REPORT
Overview of relations between the Council of Europe and the Russian Federation
Rapporteur: Mr MUEHLEMANN, Switzerland, Liberal, Democratic and Reformers' Group
Link to
Advisory and Control Programme Addendum II Appendix to the high-level Russian message of 18 January 1995 Addendum IV Effects of Russia's accession on the organisation (Secretariat memorandum)
1. Overview of relations between the Council of Europe and the Russian Federation
A.Political dialogue
On 7 May 1992 the Minister for Foreign Affairs of the Russian Federation, Mr A. Kozyrev, had an exchange of views with the Committee of Ministers and lodged an official application for the accession to the Council of Europe;
the Vice-Minister for Foreign Affairs, Mr Churkin attended the special ministerial meeting of the Committee of Ministers in Istanbul on 10 September 1992;
the Secretary General paid a visit to Moscow from 28 to 30 October 1992;
the First Vice-Minister for Foreign Affairs, Mr A. Adamishin, represented Russia at the Vienna Summit in October 1993 where he presented a special message of President Yeltsin;
the Summit adopted a special "Declaration on Russia";
the Vice-Minister for Foreign Affairs, Mr Churkin, had an informal exchange of views with the GREL on 3 November 1993 in Strasbourg and attended an official dinner on the eve of the ministerial session of the Committee of Ministers;
The first Vice-Minister of Foreign Affairs, Mr A. Adamishin, had an exchange of views in the framework of a political dialogue with the Ministers' Deputies on 10 May 1994 in Strasbourg.
The Chairman of the Committe of Ministers, Minister of Foreign Affairs of Bulgaria, Mr S. Daskalov and the Secretary General, Mr D. Tarschys paid an official visit to Moscow on 12 September 1994.
Exchange of views in the framework of a political dialogue between the Ministers' Deputies and the Vice-Minister of Foreign Affairs, Mr Afanasyevski, on 10 April 1995 in Strasbourg.
Exchange of views in the framework of a political dialogue between the Ministers' Deputies and the First Deputy Minister for Foreign Affairs, Mr I. Ivanov, on 29 September 1995 in Strasbourg.
In addition the Chairman of the Council of Federation of the Federal Assembly, Mr V. Shumeiko, had an informal exchange of views with the Ministers' Deputies on 22 March 1994 in Strasbourg.
B.Programmes of co-operation
Programmes of co-operation have been developed since autumn 1989 with the Soviet Union and since 1992 with the Russian Federation by the contact groups established by the Secretariat General of the Council of Europe and the Russian Ministry of Foreign Affairs.
As regards the Russian Federation these contact groups met on:
10-11 December 1992 in Moscow
25-26 January 1993 in Strasbourg
3-4 June 1993 in Strasbourg
14-15 October 1993 in Moscow
3 November 1993 in Strasbourg
14-18 February 1994 in Moscow
29-31 August 1994 in Moscow
3 April 1995 in Strasbourg
20 October 1995 in Moscow (continued 2-3 November 1995 in Strasbourg).
The Joint Programme of Activities between the Council of Europe and the Russian Federation (Doc. CM (93) 21 rev. 2) was approved by the Ministerial meeting of the Committee of Ministers in May 1993 and by a special decree of President Yeltsin No. 240 of 15 April 1993.
An updated version of the programme (contained in document CM/Inf (94) 12 revised) was approved at the 509th meeting of the Ministers' Deputies on 14-17 March 1994.
In the meeting of the Contact Groups, 3 April 1995 in Strasbourg, constitutional and institutional questions, Law reform and the Judiciary, Mass Media and Civil Society were identified as priority areas for joint activities for 1995.
The contact groups also reviewed the working methods of the Joint Programme and agreed on the possibilities for diversification of partners involved in the implementation of the programme.
During the two Contact Groups meetings in Moscow on 20 October 1995 and in Strasbourg on 2-3 November 1995 discussions were held on the Joint Programme of co-operation between the Commission of the European Communties and the Council of Europe on the reform of the federal structure, the human rights protection mechanisms and the legal system. The outcome of these disucssions on the programme of co-operation are reproduced in document SG (95) 5 revised 2.
Russia has been invited to take part as an observer in meetings of all intergovernmental committees in which it shows interest.
Co-operation activities 1995
Political questions and federalism
23-24 January 1995, Strasbourg, Seminar "Transition to democracy in central and eastern Europe and the challenge of nationalism: Russia and its neighbours" in co-operation with the Friedrich Ebert Foundation (Bonn, Germany).
16-18 March 1995, Yekaterinburg, contribution to the Moscow School of Political Studies' Seminar on the Problems of Federalism and Regional Politics.
3 April 1995, Strasbourg, meeting of the contact group "Russia" (Russian Federation/Secretariat Council of Europe).
14-18 June 1995, Kaliningrad, contribution to a seminar on "Federalism and Regional Policy: Kaliningrad region in the system of Russian strategic interests" (voluntary contribution).
17-23 September 1995, Strasbourg and Bischenberg (France), closing seminar of the Moscow School of Political Studies.
Human rights
26-28 April 1995, Moscow, Unesco international conference "Experiences in the process of consolidation of democracy in central and eastern Europe".
19-23 June 1995, Strasbourg, study visit for one Russian expert in the field of human rights.
2-5 July 1995, Biisk (Altai), Seminar on Federalism (voluntary contribution).
18-20 September 1995, Madrid, study visit for four Russian experts to study the compatibility of Russian legislation with the European Convention on Human Rights.
12-13 December 1995, Moscow and St Petersburg, contribution to a meeting with Russian NGOs on the European Convention on Human Rights and its potential significance for the Russian Federation.
13-14 December 1995, Moscow, Seminar on the European Convention on Human Rights.
Media
3-4 May 1995, Moscow, Seminar on "Human rights and the media: problems of freedom of speech and tolerance".
23-24 October 1995, Yekaterinbourg, training workshop on issues relating to the distribution of newspapers at regional level.
Social issues
15-17 May 1995, Moscow, training seminar on information systems and applied epidemiology of drug misuse.
19-21 June 1995, Strasbourg, exchange of views with Russian permanent correspondents of the Pompidou Group (special account, Pompidou Group) (voluntary contribution).
27-29 September 1995, Moscow, seminar on children living in residential care.
11-13 December 1995, Moscow, seminar on drug misusers and the criminal justice system (special account, Pompidou Group).
Education, culture, heritage and sport
8-10 February 1995, Moscow, advisory mission to the Russian Ministry of Education on the "development of federal standards in education".
22-24 February 1995, St Petersburg, conference on "Sharing of responsibilities and the training of education managers".
26-31 March 1995, Samara, Russian Federation, in-service teacher training seminar for modern languages.
26-28 April 1995, Smolensk, Council of Europe/Russian Ministry of Education seminar on "history teaching and confidence-building: the case of central and eastern Europe".
9-11 June 1995, Rostov-on-Don, seminar on the development of models for managing education at local level.
14-17 June 1995, Zvenigorod, conference on "Language policies in a multilingual society".
20-21 June 1995, Moscow, contribution to a conference on culture and development in countries in transition.
6-13 August 1995, Moscow, developing teaching materials on "Elections in a democratic society".
21-27 August 1995, St Petersburg, further education seminar for teachers of modern languages.
12-15 September 1995, Moscow, seminar and conference on "Developing new federal standards in secondary education".
28-29 September 1995, Moscow, meeting to continue the preparation and finalisation of the definition of threshold level objectives for the teaching of Russian as a foreign and a third language.
12-13 October 1995, Russia, technical assistance to Russia.
16 October 1995, Moscow, contribution to the creation and implementation of the International Scientific Council of Komintern Archives.
30 October-3 November 1995, Moscow, contribution to a training for teachers seminar on "Elections in a democratic society".
4-10 November 1995, St Petersburg, training seminar for teachers of modern languages.
5-12 November 1995, Novosibirsk, training seminar for teachers of modern languages.
Youth
12-14 January 1995, Strasbourg, follow-up meeting to the training course for children's organisations in Obninsk.
4-12 June 1995, Yekaterinbourg, training course for leaders of children's and youth organisations.
Health
Environment
12-23 June 1995, Netherlands, traineeship in environmental law for two Russian experts.
Local authorities (LODE Programme)
29-30 June 1995, Moscow, contribution to the seminar on transfrontier co-operation (voluntary contribution).
24 September-1 October 1995, Switzerland, study visit for a delegation of ten regional representatives from the Russian Federation (voluntary contribution).
25-28 September 1995, Moscow, meeting of experts to examine the state of local democracy in Russia.
2 October 1995, Strasbourg, preparatory meeting for the conference on transfrontier co-operation of St Petersburg.
4-6 October 1995, Pskov, contribution to a conference on historic towns in the Russian Federation (voluntary contribution).
10-12 October 1995, Petrozavodsk, international seminar on "local democracy in the Russian Federation" (voluntary contribution).
24-31 October 1995, Germany, study visits for nine representatives from the Duma Committee.
30 October-1 November 1995, evaluation mission of the Congress of Local and Regional Authorities in Europe on the state of local democracy in Russia.
Legal co-operation (Demo-droit and Themis Programmes)
1-3 March 1995, Strasbourg, meeting of experts on the draft penal code and penal procedure.
7-9 June 1995, Moscow, expert meeting on the draft code of criminal procedure of the Russian Federation.
12-14 June 1995, Strasbourg, meeting of a group of experts on the reform of the judicial system and the prison system in the Russian Federation.
3-7 July 1995, Paris, study visit for two Russian experts organised by the French Ministry of Justice (Themis Programme).
4-8 September 1995, Karlsruhe, study visit for two judges from the Constitutional Court of the Russian Federation (Themis Programme).
4-8 September 1995, Rome, study visit for one Russian expert within the framework of Themis 7 project (harmonisation of the rules regarding the profession of lawyer in a state governed by the rule of law).
18-22 September 1995, Helsinki, study visit for one Russian expert within the framework of Themis 6 project (drafting of laws in a state governed by the rule of law).
18-22 September 1995, United Kingdom, study visit within the framework of Themis 7 project (harmonisation of the rules regarding the profession of lawyer in a state governed by the rule of law) for a Russian expert.
11-13 October 1995, Moscow, meeting of the steering group on prison reform.
24-25 October 1995, Moscow, seminar on the role of lawyers in a state governed by the rule of law (Themis Programme).
1-2 November 1995, Moscow, meeting of the working group on the legal system.
6-8 November 1995, Moscow, seminar on minors and the justice system.
20-22 November 1995, Strasbourg, expert meeting on the draft penal code and penal procedure code.
4-6 December 1995, Moscow, seminar on alternatives to imprisonment.
Civil society
14-18 May 1995, Nizhny Novgorod, contribution to the seminar "Politics, law, economy and mass-media" to be organised by the Moscow School of Political Studies.
27 May-3 June 1995, Moscow, contribution to the seminar "Politics, law, economy and mass-media" organised by the Moscow School of Political Studies (voluntary contribution).
Information and documentation
The Centre of Information and Documentation on the Council of Europe was inaugurated on 15 October 1993 in Moscow.
C.Conventions
a.Russia is a Contracting Party to:
European Cultural Convention,
European Convention on Information on Foreign Law,
European Convention for the protection of animals during international transport,
European Convention on the protection of the archaeological heritage,
Additional Protocol to the European Convention for the protection of animals during international transport,
European Convention on spectator violence and misbehaviour at sports events and in particular at football matches,
European Convention for the protection of the architectural heritage of Europe,
Anti-doping Convention,
European Convention on the protection of the Archaeological heritage (Revised),
European Convention on Cinematographic Coproduction.
b. Russia expressed the desire to be invited to accede to several conventions in the penal field. The Committee of Ministers will decide on the request only after an assessment meeting has taken place.
Russia is an associate member of the European Commission for Democracy through Law.
Russia is a member of the Open Partial Agreement on the prevention of, protection against, and organisation of relief in major natural and technological disasters.
2. 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 in the Russian Federation
Strasbourg, 23 November 1995
Introduction
Taking into account the progress accomplished in the setting up of democratic institutions in Russia following the adoption of the new Constitution in December 1993, this Joint Programme will focus on activities aimed at improving the functioning of certain sectors of the public administration by intensifying structural reform and training for the professional groups concerned. This programme reflects the possible future adhesion of the Russian Federation to the Council of Europe and particularly aims at implementing the commitments of all the member states of the Council of Europe, namely the ratification of the European Convention on Human Rights.
In order to ensure the political follow-up, the evaluation and eventual changes to the programme, a steering committee will be created and composed as follows:
representatives of the Russian institutions responsible for implementing the projects outlined in the programme,
representatives of relevant Directorates of the Council of Europe Secretariat involved in the programme,
representatives of the European Commission.
The Steering Committee will be authorised to propose the reallocation of finances between the various projects and within them.
Moreover, the Council of Europe Secretariat will establish a "task force" composed of officials from each of the Directorates responsible for co-ordinating the activities involved in the six programme projects. The Russian side will operate in a similar fashion.
Finally, round tables between the Russian and the European experts will be organised at an initial stage for the implementation of each projet in order to clearly define the contents, the terms of conditions and the timetable for implementation.
The programme, which has been closely established in co-operation with the responsible authorities of the Russian Federation, consists of 6 projects in the two main areas of co-operation; a. Constitutional arrangements and Institution Building, and b. Legal Reform. The activities proposed will start towards the end of 1995 and finish on 31 December 1997.
The programme will be implemented in several stages:
the first stage, which will run from the signing of the contract up to the middle of 1996, will comprise an assessment phase to review work already undertaken as part of the Joint Programme between the Council of Europe and the Russian Federation and will also involve the establishment of an organisational structure, the detailed development of the contents of each of the projects' activities and the testing of the chosen working methods. Financing of this first stage will be assured by a first contract between the European Commission and the Council of Europe.[1]
the second stage, from summer 1996 to autumn 1997, will consist in the implementation of the whole period of the programme, in particular the organisation of different activities decentralised in different towns and regions of the Russian Federation. Part of these activities have already been preliminarily agreed to with the European Commission; complementary finance (from the European Union as well) will be necessary.[2]
finally, the third stage which could begin from the period of winter 1997 to spring 1998, will incorporate an assessment and evaluation phase.
The projects undertaken within the Joint Programme are complementary to the ones under way in the TACIS Programme of the European Union and the Council of Europe's activities forming part of the Joint Programme between the Council and the Russian Federation (Demosthenes-bis, LODE, THEMIS).
N.B. The programme contains a certain number of new proposals in the fields of the codification of laws, the teaching of law and legal data processing and crime prevention that have been introduced at the Russian authorities' request. These proposals have not yet been considered by the Council of Europe's Committee of Ministers or the European Commission (particularly with regard to possible joint financing).[3]
A. Constitutional Arrangements and Institution Building[4]
Project RUS I:Helping to improve the functioning of effective federal structures
Objectives: Project I of the programme constitutes a follow-up to the Conference on Federalism held in Moscow in February 1994. The project, taking stock of the progress already achieved, in the setting up of federal structures in the Russian Federation, following the adoption of the new Constitution, aims to strengthen certain aspects of the functioning of the federal structures, in view to improving their efficiency.
Target group: Federal officials, regional officials and authority representatives from the subjects of the Federation.
Activities:
I.A.1. Informal round table on the development and functioning of federal structures in Russia:
(*) Objective: This round table should associate representatives of the whole of the federal authorities concerned to discuss the principle aspects of the setting up and the functioning of federal structures in Russia in the light of the conclusions of the Conference on Federalism held in Moscow in February 1994. It should also allow to define the political lines of action and the specific content for a programme of co-operation in this field.
Participants: about forty representatives of the federal authorities concerned (Ministry of Nationalities, Ministry of Foreign Affairs, Presidential Administration, Council of the Federation, State Duma, Constitutional Court) with the participation of a limited number of experts who participated in the Conference on Federalism in February 1994.
Date: February-March 1996.
I.A.2. Regional seminars on the federal models, status of subjects of the Federation, on the division of powers and hierarchy of legal standards in a federal state (one of the seminars could be devoted to how to organise relations in the information field):
Place of seminars: Murmansk, Pskov, Briansk, Nizhny Norgorod, Novosibirsk, Yakutsk, Khabarovsk, Sarantsk, Iskevsk, Oriol.
Dates of the seminars:2 seminars during the first stage (*),
8 seminars from mid-1996 to end 1997 (**).
I.A.3i. Hierarchy of norms
(*) a. Round table (following a study visit) on the Spanish experience of autonomous regimes for persons responsible from the Russian Federation.
Objectives: to study the Spanish experience of autonomous regimes namely on the separation of powers and the hierarchy of legal standards of the three levels of powers. Followed by a study visit in different regions of Spain.
Place: Spain
Date and duration: May 1996 (10 days) [pending agreement from the Spanish authorities].
Number of Russian participants: approximately 12
Institutions responsible on the Russian side: Ministry of Foreign Affairs, Ministry of Nationalities.
b. International conference on the problems of federalism in the light of developments occurring in the Russian federal system since the Conference on Federalism of February 1994.
Objective: assessment of the development of the Russian federal system since 1994; identification the weaknesses and possibilities for improvement.
Place: Moscow
Date: March 1997
Participants: approximately 100, representing the local federal authorities concerned, as well as representatives of different subjects of the Federation.
Institutions responsible: Presidential Administration, Ministry of Foreign Affairs, Ministry of Nationalities, Federal Assembly.
I.A.3.ii. Human Rights
(*) Regional seminars on the protection of human rights in a federal state in selected major Russian cities (in particular):
division of responsibilities in matters of human rights and minority rights;
division of responsibilities for declaring a state of emergency;
implementation of international treaties on human rights in the federal state (at the federal level and at the level of the subjects).
1st stage: 2 seminars,
2nd stage: 8 seminars.
I.A.4. Budget-finances
(*) i. Round table of experts on budgets and financial problems facing federal authorities.
Objective: discussion by experts on the principal aspects of budgetary and financial problems linked to the development of federalism in Russia in order to establish the content of the co-operation programme in this field.
Place: Spain [to be confirmed] or Moscow.
Date: March 1996 (3 days).
Participants: Approximately 15 representatives from the competent Russian federal authorities as well as a limited number of European experts.
(*) ii. Regional seminars on budgets and taxes in the federal state:
sources of the federal budget and budgets of the subjects;
machinery to ensure the regular financing of the subjects of the Federation.
Places: Moscow, Syhtykvhar, Kursk, Blagoveschensk.
Participants: approximately 50 Russian representatives from the regions for each seminar and a limited number of European experts.
Institutions responsible: Ministry of Economy, Ministry of Finance, Ministry of Foreign Affairs.
1st phase: 1 seminar,
2nd phase: 3 seminars.
(*) iii. Training of locally and regionally elected representatives on budgetary and taxation issues.
Objective: Training of representatives on financial questions.
Place: Germany, Switzerland, France, The Netherlands [to be confirmed].
Date: April-October 1996, May-October 1997.
Participants: 10 Russian experts per group, 4 groups.
Institutions responsible: Ministry of Economy, Ministry of Finance, Ministry of Foreign Affairs.
1st phase: 1 group,
2nd phase: 3 groups.
I.A.5.External relations
(*) i. Round table of experts on international relations and external economic relations of the subjects of the Russian Federation.
Objective: discussion by experts of the questions of international relations of the subjects of the Federation and the elaboration of proposals for co-operation.
Place: Switzerland [to be confirmed] or Moscow.
Date: February 1996 (3 days).
Participants: approximately 12 Russian experts and a limited number of European experts.
Institutions responsible: Ministry of Foreign Affairs.
ii. Regional seminars on international relations of the subjects of the Federation, in particular external economic relations in major selected Russian cities:
Distribution of powers between the Federation and its subjects in the field of external economic relations;
Machinery to ensure the realisation of these powers and co-ordination of the activities of the subjects of the Federation.
Place: Kazan, Khabarovsk, Krasnodar, Pskov.
Date: mid-September 1996, April-September 1997.
Participants: approximately 50 representatives of the subjects of the Federation for each seminar.
Institutions responsible: Ministry of Economy, Ministry of Finance, Ministry of Foreign Affairs.
Number of seminars: 4 (2nd phase).
iii. Training of representatives of local and regional authorities of the subjects of the Federation (continuation of the seminars).
Objective: Study visit on the spot for the representatives.
Place: Spain, Austria, Italy, Belgium.
Date: October 1996, October 1997.
Institutions responsible: Ministry of Foreign Affairs.
iv. Translation of the Bulletin of the Consultative Council of the subjects of the Federation on external economic relations.
I.A.6. Minorities
Seminar on the problems of national minorities.
Objective: Study of the problems of national minorities and answers provided within the structure of the Russian federal system.
Place: Murmansk.
Date: September 1996, 2 days.
Participants: approximately 50 representatives of the subjects of the Federation concerned.
Institutions responsible: Ministry of Nationalities, Ministry of Foreign Affairs.
Project RUS II:The functioning of local government and the training of local elected representatives.
Objectives: The objective of Part A of Project RUS II is to assist in strengthening the legal framework of local democracy in Russia in the light of the principles of the European Charter of Local Self-Government.
Part B of Project RUS II is concerned with developing a strategy and training programmes for local authority staff and trainers.
Target group: Parliamentarians, central government officials, decentralised bodies and subjects of the Federation and elected local and regional representatives.
Activities:
Part A:Legislative framework
II.A.0 Round table of experts to draw up a strategy to improve the operation of local authorities.
(*)
II.A.I Expert visits to examine and advise on various aspects of the legislation to supplement the federal local government act.
(*)
1st phase: 5 missions,
2nd phase: 5 missions.
II.A.2 Study visits for members of parliament and central government officials responsible for reforming the local government legislation.
(*)
1st phase: 5 visits,
2nd phase: 10 visits.
II.A.3 Assistance with local finance.
(**)
seminars,
assessments,
study visits,
visits by experts.
II.A.4 Regional information seminars on the functions of local government in major Russian cities.
i. International conference on questions relating to local authorities.
Place: St Petersburg.
Date: November 1996 — 2 days.
Number of participants: 120.
ii.Seminars on the problems of local authorities.
Place: Murmansk, Pskov, Briansk, Nizhni Novogorod, Novosibirsk, Yakutsk, Khabarovsk, Saransk or Ishevsk, Oriol.
Date: 1996/1997.
Number of seminars: 8.
Number of participants: up to 50 per seminar.
iii.Seminars on the organisation of local elections.
Place: to be decided.
Date: 1996.
Number of seminars: 6.
II.A.5Environment.
i.Seminar on federalism and the main environmental problems.
Place: to be decided.
Date: May 1996.
Participants: approximately 10 representatives of the subjects of the Federation.
Institutions responsible: Ministry of Environment, Ministry of Foreign Affairs.
ii.Expert seminars on the main features of environmental policy at local level.
Place: to be confirmed.
Date: June and September 1996 (two days).
Participants: approximately 50 local authority representatives.
Institutions responsible: Ministry of Environment, Ministry of Foreign Affairs.
Number of seminars: 2.
Part B:Training
II.B.1.Assistance in developing a training method (including the organisation of local elections) for local authorities' elected representatives and staff (training programmes and study visits).
(*)
Expert missions to assist in developing structures, training strategies and contracts with foreign and Russian experts with a view to preparing basic training documents.
Number of missions: 3.
II.B.2. i. Training sessions for trainers.
Number of sessions: 10.
ii. Training sessions for local elected representatives.
Number of sessions: 10.
II.B.3.Support to local authorities' associations.
i.Study visits for representatives of Russian local authorities' associations.
Number of visits: 30.
ii. Conference on the basic principles of municipal finances for representatives of local authorities' associations.
Project RUS III: Promotion of institutions dealing with the protection of human rights in the Russian Federation.
Taking account of the legislative projects being examined in the Russian Parliament, Project RUS III will aim at assisting institutions dealing with the protection of human rights in Russia particularly in view of the possible future accession of the Russian Federation to the Council of Europe (and the ratification of the European Convention on Human Rights).
N.B. The implementation of this project could be put into effect after the adoption of the draft law being examined by the State Duma. In the meantime, the Council of Europe could be invited to offer its assistance in the form of legal expertise or on documentation.
III.A.0. Assistance with the translation into Russian and publication of European conventions and other documents of the Council of Europe, as well as commentaries and manuals of the Council of Europe.
Partner organisation: Publishing House "International Relations" in co-operation with the Information and Documentation Centre in Moscow
III.A.1. Assistance with drawing up the rules of procedure of the Russian Human Rights Commission responsible for considering individual complaints on discrimination and other conflicts between government and the citizen, followed by a practical workshop in Moscow.
III.A.2. Information seminars on the institution of the HR Commissioner for legal professionals in selected major Russian cities.
Number of seminars: 10.
III.A.3. Assistance with documentation.
III.A.4. Assistance with establishing Human Rights centres in various Russian cities.
(***)
III.A.5. Helping human rights institutions to gain access to the Council of Europe's computerised human rights information system.
(***)
III.A.6. Help with drafting model legislation on Human Rights Commissions for the subjects of the Federation.
(***)
III.A.7. Training the staff of Human Rights Commissions.
(***)
III.A.8. Assistance to the Judicial Chamber for Disputes concerning Information, answerable to the President of Russia, in its capacity of Ombudsman for its area of responsibility.
(***)
B. Legal reform
Project RUS IV: Encouraging legal education, including the strengthening of legal training and improving the functioning of the institutions of the legal system.
Objectives: The aim of this part of the programme is to provide assistance to the institutions of the judicial system in order to strengthen its independence and improve its functioning. Project RUS IV also aims to offer support to the training of legal professionals as well as to promote the eduction of law.
Target group: Supreme Court Judges, Presidents of Districts Courts, high-ranking Ministry of Justice officials, Department of the Rule of Law in the President's Administration, lawyers, legal practitioners and teachers of law.
Activities:
Part A: Helping to reform law teaching, the legal education system and the training of legal officials (***)
IV.A.1.Assisting the reform of law teaching and legal education.
I.Council of Europe expert visits.
(***)
Purpose: assessing needs, preparing a co-ordination meeting, setting up a working group.
II. Co-ordination meeting on the reform of law teaching, the legal education system and the training of legal officials.
(***)
Participants: representatives of Goskomvus, the Ministry of Education, the Russian Ministry of Justice, law faculties and academic centres.
Expected results: establishment of working groups charged with laying the conceptual foundations of the reform of law teaching, the legal education system and the training of legal officials.
III. Examination of the current state of law teaching and legal education and laying the basis for their reform.
(***)
contracts,
working meetings.
IV. Examination of the current state of the training of legal officials and laying the basis for its reform.
(***)
contracts,
working meetings.
V. Federal seminars on the reform of law teaching and legal education.
(***)
Participants: rectors of university law faculties, officials of the main legal studies establishments, officials of the relevant Russian ministries and departments.
Purpose: to discuss the proposals for reforming law teaching and legal education.
VI. Regional seminars on the problems of implementing the new concept of law teaching and legal education in Russia.
(***)
Participants: teachers in higher education establishments and law and other faculties.
Number of seminars: 8.
IV.A.2.Assisting the reform of the training of legal officials.
I. Developing curricula: study models for various disciplines at different levels (higher education, secondary education, non-specialist higher institutions, training using audio-visual media).
(***)
contracts,
expert advice.
II. Translation and publication (with commentaries by Russian legal specialists) of basic study materials, textbooks and monographs on the main subjects for higher education establishments.
(***)
drawing up a list of works,
translation and revision,
commentaries.
III. Training sessions for law lecturers based on the leading legal training centres.
(***)
Number of sessions: 4.
IV. Training sessions for lawyers (on the same basis as III).
(***)
Number of sessions: 4.
V. Training sessions for Ministry of the Interior staff and officials (on the same basis as III).
(***)
VI. [Courses in establishments — exemplar European methods and studies for university teachers.] — [to be clarified].
(***)
Number of groups: 3.
VII. Study courses for lawyers (on the same basis as VI).
(***)
Number of groups: 3.
VIII. Study courses for Ministry of the Interior staff and officials (on the same basis as VI).
(***)
Number of groups: 3.
Part B:Role of the Ministry of Justice
IV.B.1.Training course related to the survey of the competencies and functioning of the Ministry of Justice in European countries, in particular its relations with the whole judicial system.
(*)
IV.B.2.Study visits for Ministry of Justice officials from the Russian Federation to experience the functioning of a Ministry of Justice in other European countries.
(*)
IV.B.3.Assessment and follow-up meetings in Moscow to discuss how the conclusions drawn from the training course and the study visits abroad are to be implemented within the Ministry of Justice.
(**)
Place: Moscow.
Date: end 1996 (intermediary assessment) — end 1997.
Number of meetings: 2.
Part C: Independence of the judicial system
IV.C.1.Expert assistance on the draft law on the organisation of the judicial mechanism; to be held in Moscow or Strasbourg.
(*)
IV.C.2.Seminar on the organisation of the judicial system.
(*)
Objective: general evaluation seminar on the implementation of the new organisation of the judicial system in Russia and stock-taking of the programme of co-operation.
Place: Moscow.
Date: 1st quarter 1996.
Participants: representatives from different institutions of the judicial system.
IV.C.3.Regional seminars on the independence of judges, to be held in major cities in Russia.
Objective: follow-up to the Moscow seminar in regions.
Place: to be fixed.
Date: mid 1966/end 1997.
Number of seminars: 10.
IV.C.4.Study visits for Russian Supreme Court judges to Supreme Courts in other European countries.
Number of study visits: 50.
Project RUS V: Development of Russian legislation and domestic practice to ensure compatibility with the European Convention on Human Rights and the methodological basis for codification.
Part A: Compatibility of legislation with European norms
Objectives: Part A is to assist the Russian authorities (primarily the Russian Inter-Ministerial Commission responsible for the preparation of the ratification of the ECHR) to examine the compatibility of Russian legislation and Russian judicial practice with the provisions of the Convention and the case-law of its control mechanisms and other major European normative texts, in order to carry out the necessary harmonisation and prepare for ratification of the Convention and other major European texts.
Input and Proposed working methods:
V.A.1.expert assistance for the examination of the compatibility of Russian legislation with European human rights norms, and in particular in view of the signing and ratification of the European Convention on Human Rights;
(*)
contracts of experts,
co-ordination meetings.
V.A.2.study visits for legal experts (particularly members of the Russian Interministerial Commission;
(*)
(ex: a study visit to one or more state parties to the European Convention on Human Rights by members of the Russian Interministerial Commission to examine the procedures and methodology followed for the ratification of the Convention, study visit to Strasbourg for judges of the Supreme Court and the Constitutional Court to become acquainted with the procedures and jurisprudence of the European Convention on Human Rights, study visits;
Number of study visits: 20.
1st phase: 5.
2nd phase: 15.
V.A.3.consultation meetings and follow-up seminars aimed particularly at judges and legal professionals on the domestic implementation of the European Convention on Human Rights.
Place: to be fixed.
Date: mid-1996 — end 1997.
Participants: experts and lawyers.
Number of seminars: 10.
Output: Bringing Russian legislation into line with European norms in order that the Russian Federation may ratify the European Convention on Human Rights.
Part B:Help with the development of a methodology for the systematising legislation (***)
Objectives: Modernisation and systematisation of the present law, its stability, promotion of the Constitutional order, further development and precision of the jurisdictional basis of functioning of bodies of the state power of the Russian Federation.
Participants:Ministry of Justice and the Legal State Department of the President of Russia, Standing Committee on the preparation of the Code of Laws of the Russian Federation, professors of different scientific institutions, foreign consultants, research fellows, lawyers, technical experts.
V.B.1. Round table — a meeting of the working group on the elaboration of a methodology for the systematisation of laws.
(***)
V.B.2. Elaboration of a concept and model of the Codes of Laws of the Russian Federation.
(***)
contracts,
meetings, round tables,
expertise.
V.B.3. Working out proposals on the legal basis of elaboration and normative corps of the Code of Laws of the Russian Federation.
(***)
V.B.4. Conference on a draft concept and methodology for the Codes of Laws of the Russian Federation.
(***)
V.B.5. Educational visits for official representatives of the state bodies of power and research fellows to study the experience of European countries in the elaboration of their Codes of Laws.
(***)
Number of visits: 10.
V.B.6. Approval of the methodology for the elaboration of the System of Laws in the fields of:
(***)
penal law,
penal procedure,
execution of sentences.
V.B.7. Assistance with the preparation of materials on the methodology on the elaboration of the Code of Laws to be published.
(***)
Part C:Helping to ensure the citizen's right of access to legal information (***).
Objectives: Assistance in the creation of optimal conditions to meet legal information requirements of the state, social structures and citizens on the basis of effective organisation and use of information and legal resources with the help of modern technologies.
Participants:Official representatives of the state bodies of power of the Russian Federation, research workers, technical experts, foreign consultants.
V.C.1.Expert missions to study the present situation in the field of ensuring rights of citizens to get access to legal information.
(***)
Number of missions: 6.
V.C.2.Round table on the problems of ensuring the rights of citizens to access to legal information.
(***)
V.C.3.Educational visits for the representatives of state bodies engaged in the problems of legal information and corresponding experts.
(***)
Number of visits: 15.
V.C.4.Elaboration of a concept of creation of the system of legal information, ensuring the rights of citizens to access to information.
(***)
contracts,
round tables,
expertise.
V.C.5.Regional seminars in large selected Russian cities on the problems of ensuring the rights of citizens to legal information.
(***)
Number of seminars: 5.
V.C.6.Co-operation in the creation of an experimental system to ensure the rights of citizens to access to legal information in one of the subjects of the Russian Federation.
(***)
Part D:Legislation in the field of penal law
Objectives: Following the drafting of the Execution of Sentences Code and the forthcoming adoption of the Criminal Code and the Code of Criminal Procedure, to assist the Russian authorities in the drafting of further legislation
Target group: Foreign consultants: judges, academics and perhaps practising attorneys from relevant countries; Russian experts: ministerial officials and parliamentarians in charge of codification.
Activities:
V.D.1.Expertise on legislation in the penal field and the penal procedure possibly followed by an exchange of views with representatives from the Duma with a view to its adoption by Parliament.
(*)
V.D.2.Meeting on the role and place of the Public Prosecutor's Office in the judicial system, compared with that of the Prokuratura.
(*)
Date: beginning 1996.
V.D.3.Meeting on the role and place of the Ministry of the Interior in a democratic society.
(*)
V.D.4.Special seminars in the major courts on the relationship and co-operation between the various actors in the judicial system: police, prosecutors, judges and defence lawyers.
(*)
Objectives: to clarify the respective roles and relations between the different actors in the justice system.
Place: Moscow (different places later on).
Date: 1st half of 1996 [decentralised meetings mid-1996 — end 1997].
Participants: police, prosecutors, judges and lawyers.
1st phase: 1 seminar in Moscow.
An initial meeting in Moscow in the first half of 1996 with the participation of the Russian steering sub-committee would help to identify issues for discussion and to draw up a draft programme.
Possible follow-up: decentralised seminars.
Part E:Administrative law system
Objectives: Help to draw up a framework for administrative justice and the development of administrative law.
Target group: High-ranking Ministry of Justice officials, judges, lawyers.
V.E.1. Workshops for legal draftsmen, decision makers and government and parliamentary bodies concerned with administrative justice and law, with a view to improving relations between government and the citizen.
(*)
A first workshop could be held in early 1996 to review the present situation in Russia, to examine other European countries' experience and to outline the content of a future programme.
Place: Moscow.
Date: 1996.
Participants:
Number of seminars: 3.
1st phase: 1 seminar,
2nd phase: 2 seminars.
V.E.2. Follow-up measures regarding administrative justice.
(**)
Place: to be fixed.
Date: 1996, 1997.
Participants:
Institutions responsible: ...
Number of seminars: 10.
V.E.3. Follow-up measures regarding the development of administrative law.
V.E.4. Decentralised workshops on the protection of the individual in relation to the acts of public authorities and, more generally, on the general principles of administrative justice (the right to be heard, access to information, legal assistance and free legal aid, the statement of reasons, the indication of remedies) to be incorporated in their law and practice, to be held in selected major cities of the Russian Federation.
Place: to be fixed.
Date: 1996, 1997.
An initial workshop could be held in 1996 to review the current situation in Russia and determine the contents of a future programme.
Possible follow-up: decentralised seminars.
Project RUS VI: Prison reform and crime prevention.
Objectives: Assistance to bring the conditions of detention into conformity with the requirements of Articles 3 and 4 of the ECHR, of the European Prison Rules and of standards considered as acceptable under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The assistance will take account of existing conditions and steps already taken, particularly crime prevention programmes in Moscow and other major cities.
Target group: Police and prison officers, Ministry of Justice and Ministry of the Interior officials.
Activities:
Part A: Situation in the penitentiary system
VI.A.1.Setting up of a joint Steering Group composed of a team of experts from Council of Europe member states and representatives from the Russian authorities concerned.
(*)
VI.A.2/3. National and regional seminars on the implementation of the standards elaborated within the context of the ECHR, the European Prison Rules and the work of the Committee on Prevention of Torture, minimum standards for the treatment of prisoners drawn up by the United Nations and specific issues relating to prison management, eg:
(*)
the treatment of prisoners,
treatment of prisoners in general,
work and education in prisons,
treatment programmes for special categories of prisoner (violent offenders, multiple offenders, etc.),
security and control in prisons, particularly with regard to dangerous prisoners,
short-term/remand prisons (SIZO) and the issue of presumption of innocence.
A first seminar could be held in Moscow at the beginning of 1996 to take stock of the situation and to establish the contents of the programme of co-operation.
Place: Moscow (follow-up meeting to be fixed).
Date: Beginning of 1996 (then 96-97).
1st phase: 1 seminar,
2nd phase: 5 seminars.
VI.A.4.i. Meeting of the steering sub-committee to review the first stage of the project and to decide on follow-up measures. These include:
Developing training programmes for prison staff (administrative, surveillance and specialist).
National seminars on the recruitment, training and use of prison staff, particularly with regard to training programmes, regional follow-up courses and trainer training programmes.
Study visits to other countries for selected staff at management level, particularly prison governors.
Establishment of an advice and guidance system by visiting groups of European experts, including feasibility studies of the need to assist one or more national training centres.
ii.Non-custodial punitive sanctions.
Seminar on alternatives to imprisonment.
Expertise with respect to existing legislation on the enforcement of criminal judgments and formulation of conclusions aimed at diversifying the sanctions system.
Examination of the possibility of setting up special detention facilities and regimes for remand prisoners within the existing correctional structures.
Exploratory studies on the setting up of a probation system in a selected locality of appropriate size.
Training of probation staff (initial seminars, teaching curricula, study visits) in that same locality:
number of training sessions: 5
Gradual extension of the above to other jurisdictions based on experience acquired.
Part B: Preventing criminal behaviour
VI.B.1.Seminars/round tables on preventing criminal behaviour.
(***)
Place: Moscow + four other cities.
VI.B.2.Help with drawing up crime prevention programmes in large cities.
(***)
VI.B.3.Help with implementing certain aspects of the crime prevention programme in Moscow.
VI.B.4.National and local workshops on the treatment of juvenile delinquents, in particular:
work and education,
rehabilitation,
training the trainers.
Number of workshops: 5
ESTIMATED BREAKDOWN OF COSTS PER PROJECT
Estimation
1st stage
2nd stage
Rest to be financed
Total
CoE
Tacis
CoE
Tacis
(*** new proposals)
RUS I
170 000
40 000
80 000
160 000
300 000
750 000 Ecu
RUS II
30 000
35 000
0
175 000
970 000
1 210 100 Ecu
RUS III
0
0
0
0
250 000
(***
130 000)
250 000 Ecu
RUS IV
20 000
30 000
0
40 000
1 395 000
(***
1 145 000)
1 485 000 Ecu
RUS V
120 000
0
0
100 000
1 130 000
(***
710 000)
1 350 000 Ecu
RUS VI
45 000
0
0
0
790 000
835 000 Ecu
Sub-total
385 000
105 000
80 000
475 000
4 835 000
5 880 000 Ecu
Overheads (15%)
882 000 Ecu
TOTAL
6 762 000 Ecu
1st & 2nd stages = (385 000 + 105 000 + 80 000 + 475 000) = 1 045 000 + 15% (156 750) = 1 201 750 Ecu
1st & 2nd stages Tacis = 580 000 Ecu
1st & 2nd stages CoE = 621 750 Ecu
[1] Activities indicated by an asterisk (*) could be implemented within the framework of this first stage.
[2] Activities indicated by two asterisks (**) have already been agreed to in principle with the European Commission as regards financing.
[3] The new proposals introduced at the Russians' request are indicated by three asterisks (***).
[4] The European Commission for Democracy through Law (Venice) will cooperate in activities relevant within its competence in this project.