On the possibility of commercializing space activities in the Russian Federation: legal analysis of legislation

Abstract

For a long time, the Russian Federation has held the title of one of the leading space powers. However, space activities in Russia are associated exclusively with the activities of the state corporation, and the space activities of private companies are usually not considered due to their insignificance. The aim of the article is to analyze the legal regime of space activities in Russian legislation. This article examines the issues of the presence in the Russian legal system of norms favorable to entrepreneurial space activities. The author sees the problem in the incorrect perception of the term “commercialization” by the legislator. The paradox of the absence of competitive Russian entrepreneurs on the world and the Russian space markets is considered. The reasons for the lack of understanding of the necessity and non-acceptance of norms aimed at stimulating competitive commercial space activities are revealed. The author analyzes two draft laws “On entrepreneurial activities in the exploration and use of outer space” (1999) and “On remote sensing of the Earth from space” (2021). An analogy is drawn with measures to stimulate space entrepreneurship abroad. An example of developing commercialization of commercial activities in the US legislation is given. The author describes the absence in the Russian legislation of the possibility for public-private partnership and concession in relation to space technology and its infrastructure. The analysis presented in this article allows us to conclude that there are no legal institutions that stimulate, encourage and support the space industry entrepreneurs in the Russian legislation.

References

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