Committee on Economic, Social and Cultural Rights
Consideration of reports submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Socialand Cultural Rights
Sixth periodic reports of States parties due in 2016
Russian Federation * **
[Date received: 1 September 2016]
Sixth periodic report of the Russian Federation on the implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights
Information on implementation of the articles of the International Covenant on Economic, Social and Cultural Rights3
Information on the concluding observations of the Committee on Economic, Social and Cultural Rights43
Information on implementation of the articles of the International Covenant on Economic, Social andCultural Rights
1.The federative approach to the Russian State system is based on the balance of interests of the equal constituent entities of the Federation, and takes into account their national identity and specific territorial and other features.
2.The equal constituent entities of the Russian Federation comprise 22 republics, one autonomous province and four autonomous areas, established on ethnic and territorial principles. In addition, the right to self-determination has been implemented in various forms of ethnic cultural and territorial autonomy.
3.The concept of ethnic cultural autonomy has been enshrined in federal law and operates in practice as a form of ethnic and cultural self-determination, manifested in the unification of citizens of the Russian Federation identifying with a particular ethnic community that constitutes an ethnic minority in a given area of the country. This unification is based on the principle of voluntary self-organization with a view to independently tackling such issues as preservation of identity, development of languages, education and ethnic culture, strengthening of the unity of the Russian nation, harmonization of inter-ethnic relations, promotion of interfaith dialogue, and the implementation of activities aimed at the social and cultural adaptation and integration of migrants.
4.As at 27 April 2016, there were 1,196 autonomous ethnic and cultural communities in existence in the Russian Federation.
5.Autonomous ethnic and cultural communities are entitled to support from public authorities and local administrations necessary to achieve the objectives set out in paragraph 3 of the present report; to participate, through their plenipotentiaries, in the activities of international non-governmental organizations; and, in accordance with the law of the Russian Federation, to establish and maintain, without any discrimination, humanitarian contacts with foreign citizens, civil society organizations and other bodies.
6.The federal act on general principles for the organization of communities of the indigenous minorities of the North, Siberia and Far East of the Russian Federation lays down the principles for the organization and activities of such communities, which were created in order to protect the native habitat, traditional way of life, rights and legitimate interests of those minorities. The federal law also sets out the legal framework for community forms of self-government and the State guarantees of its autonomy.
7.The activities of the communities are non-profit in nature.
8.At the same time, communities of indigenous peoples have the right to carry out business activities commensurate with the goals for which they were established.
9.Prior to the adoption of decisions by the authorities of the constituent entities of the Russian Federation which concern the livelihood of indigenous minorities and their communities, public hearings are held with the involvement of representatives of these minorities.
10.The Russian Federation contributes, within its available resources, as a donor to international development efforts.
11.The goals, tasks, principles and main areas of Russian contributions to international development are spelled out in the State policy on international development assistance, approved by the President of the Russian Federation on 20 April 2014.
12.Guided by the principles of solidarity, and acting both individually and in cooperation with partners from among the international organizations, the Russian Federation is engaged in interaction with operational programmes and funds and with the specialized agencies of the United Nations, as a donor to international development. In January 2015, the Russian Federation signed a framework agreement on partnership with the preeminent agency of the United Nations in the field of development assistance: the United Nations, Development Programme (UNDP), under which it is able to provide extensive expertise and practical experience in development to partner States.
13.The Russian Federation is a responsible and reliable partner to the developing States in their efforts to tackle the most pressing challenges for their populations, with its programmes and projects in areas such as:
Ensuring food security ;
Establishing and upgrading trade and economic infrastructure and industry, including in areas concerned with innovation;
Upholding environmental stability;
Strengthening the national capacities of recipient countries in the area of combating terrorism and organized crime;
Developing education and health care, including in such important areas as control of HIV/AIDS, tuberculosis and malaria, prevention of maternal, infant and child mortality, and combating Ebola virus disease;
Capacity-building in the area of public administration.
14.Debt relief remains a significant component of Russian assistance to developing countries. To date, under the initiative for heavily indebted poor countries, the Russian Federation has written off most of the debt of African countries, amounting to more than $20 billion.
15.According to 2014 figures, calculated by the methodology of the Organization for Economic Cooperation and Development (OECD), its total international development assistance amounted to $875 million.
16.The Russian Federation is funding a number of significant projects in the field of human rights, aimed at the promotion of rights enshrined in the International Covenant on Economic, Social and Cultural Rights.
17.Russia attaches great importance to the issue of forced migration, including the provision of assistance to refugees and internally displaced persons. In this connection, as part of its voluntary donor contribution to the budget of the Office of the United Nations High Commissioner for Refugees, totalling $2 million, the Russian Federation is funding a number of projects to assist refugees and internally displaced persons (in particular in the Syrian Arab Republic), and to provide humanitarian assistance (in Ukraine).
18.The Russian Federation will continue to step up its involvement in multilateral efforts to promote international development.
19.Article 19 of the Constitution lays down the principle that the State shall guarantee equal human and civil rights and freedoms regardless of a person’s sex, race, ethnic background, language, origin, wealth, official status, place of residence, attitude to religion, convictions, membership of voluntary associations or other circumstances. Any form of restriction of civil rights on social, racial, ethnic, linguistic or religious grounds is prohibited.
20.Under article 136 of the Criminal Code, an act of discrimination perpetrated by a persons in abuse of official position shall be punishable with a fine in an amount of between 100,000 and 300,000 roubles, or in an amount equivalent to the salary or other income of the convicted person for a period of between one and two years, or by deprivation of the right to hold specified offices or to engage in specified activities for a period of up to five years, or by punitive unpaid work for a term of up to 480 hours, or by corrective labour for a term of up to two years, or by deprivation of liberty for the same term.
21.The principle of equal rights and equal opportunities for women and men is enshrined in article 19 (3) of the Constitution.
22.Article 3 of the Labour Code of the Russian Federation establishes that all persons have equal opportunities to exercise their labour rights and that discrimination is prohibited.
23.Chapter 41 of the Labour Code sets out specific regulations applicable to the labour of women with family responsibilities.
24.Under its article 64, the Labour Code prohibits:
Any direct or indirect limitation of rights or the granting of any direct or indirect advantages in the conclusion of employment contracts on the basis of sex, race, skin colour, ethnic background, language, origin, wealth, social status, official position, age, place of residence, or other circumstances unrelated to the occupational skills of the employee;
Refusal to conclude an employment contract with women on the grounds of their being pregnant or having children;
Refusal to conclude an employment contract with staff invited in writing to transfer from another employer, within one month from the date of termination of their previous employment.
25.Article 70 of the Labour Code stipulates that pregnant women, women with children under 18 months of age and persons under the age of 18 shall not be subject to a probationary period of employment. This rule also applies to persons caring for motherless children under 18 months of age. If such employees have been placed on probation, their employment contract may not be terminated on the basis of the results of that probation.
26.Pregnant women may not be employed to work at night, overtime, at weekends and public holidays (Labour Code, arts. 96, 99 and 113). Women with children under 3 years of age may only be engaged in night work or overtime work with their written consent and on the proviso that they are not precluded from performing such work for health reasons as stipulated by a medical opinion issued in accordance with the procedure established by federal law and other statutory instruments of the Russian Federation. Women with children under 3 years of age shall be informed, against signature, of their right to decline overtime work.
27.Collective agreements or employment contracts shall stipulate a 36-hour week (article 320 of the Labour Code) for women working in districts of the Far North and equivalent areas. In such cases, wages shall be paid in the same amount as for a full working week.
28.In addition, pursuant to the decision of the Supreme Council of the Russian Soviet Federative Socialist Republic on urgent measures for the advancement of women and the family, reduced working hours — of not more than 36 hours per week — are also stipulated for women working in rural areas. In such cases, wages shall be paid in the same amount as for a full working week.
29.By its decision No. 162 of 25 February 2000, the Government of the Russian Federation approved the list of heavy-labour jobs and jobs with harmful and hazardous working conditions for the performance of which the recruitment of women is prohibited and, by its decision No. 102 of 6 February 1993, it approved the maximum permissible loads that women may be permitted manually to lift and carry.
30.In its provisions to uphold the labour rights of citizens to the timely and full payment of fair wages, the Russian Federation makes no distinction between the sexes. The wages of all workers shall be conditional upon their skills, the difficulty of the work that they perform and the quantity of the labour that they invest therein, and shall not be restricted to a maximum amount. No discrimination may be applied in establishing and changing the salaries and other conditions of remuneration.
31.Under articles 262-264 of the Labour Code, persons caring for children with disabilities and women working in rural areas shall enjoy additional days off, persons caring for children shall be entitled to additional leave without pay, and persons raising motherless children shall be granted guarantees and benefits. Women working in rural areas shall be entitled, upon written application, to one additional day’s leave without pay per month.
32.According to the Labour Code, one of the parents (or a guardian, trustee or foster parent) raising a disabled child under the age of 18 shall be entitled to paid annual leave at their request, at a time convenient to them.
33.With a view to strengthening the safeguards of the labour rights of workers, including women, a provision has been introduced in the Labour Code stipulating that, in the conclusion of employment contracts, when an employer refuses to grant an employment contract to an applicant and that person submits a written request for an explanation, the employer is obliged to indicate the reason for such refusal in writing within seven working days of the date of submission of such a request.
34.On the instructions of the President and the Government of the Russian Federation, work is being finalized on the drafting of a national women’s strategy for 2017-2022 (hereinafter referred to as “the Strategy”), a coordination council is being set up within the Government for the implementation of the Strategy, and a priority action plan for its implementation over the period to 2018 is being prepared and approved.
35.The Strategy and plan of action take on board the most pressing issues relating to the status of women, including the protection of their rights in all spheres of life, the prevention of violence, the provision of social support, and the eradication of prejudices and stereotypes about the roles of the sexes.
36.Additional employment guarantees for certain categories of the population are established by article 13 of the law on employment in the Russian Federation. These apply, in particular, to citizens experiencing difficulties in finding work (persons with disabilities; persons released from correctional facilities involving deprivation of liberty; minors between 14 and 18 years of age; persons of pensionable age; refugees and internally displaced persons; citizens demobilized from military service and members of their families; single parents and parents of large families raising minor children and children with disabilities; citizens who were exposed to radiation as a result of the Chernobyl and other radiation accidents and disasters; citizens aged between 18 and 20 years of age with secondary vocational education and seeking work for the first time). The guarantees are provided through the development and implementation of programmes to promote employment, create more jobs and specialized organizations (including labour jobs for persons with disabilities) and the establishment of a quota for the employment of persons with disabilities, and also through the organization of special courses and other measures.
37.At the same time, the authorities of the constituent entities of the Russian Federation have the right to develop and implement measures to ensure the right conditions for unemployed parents with multiple children and parents raising children with disabilities to be able to combine their child-rearing responsibilities with paid employment.
38.In order to reduce tensions in the labour market, subsidies are allocated from the federal budget to the budgets of the constituent entities of the Russian Federation for the conduct of additional job-creation activities. Thus, co-financing has been provided to help to cover commitments by the constituent entities relating to regional programmes intended, among other purposes, to launch the following supplementary activities aimed in particular at women:
Temporary employment of workers at risk of dismissal, and of job-seekers. This initiative was targeted at employees in organizations in recession, working reduced hours and likely to be laid off;
Precautionary vocational retraining and reassignment of employees at risk of being laid off and of job-seekers. This initiative was targeted at employees of large industrial enterprises who were at risk of being laid off;
Promoting youth employment through social projects;
Community employment of persons with disabilities. Measures were taken to ensure the retention of jobs filled by persons with disabilities, and to create jobs in non-profit-seeking enterprises, for the employment of persons with disabilities.
39.Figures for 2015 show that total allocations from the federal budget for the regional programmes of a number of constituent entities of the Russian Federation amounted to 3.9 billion roubles.
40.In 2015, a total of 128,734 persons benefited from such supplementary measures.
41.The labour legislation of the Russian Federation makes sufficient provision for the withdrawal of workers from informal employment conditions.
42.Under article 56 of the Labour Code, an employment contract is an agreement between the employer and the employee, whereby the employer undertakes to assign work to the employee involving the performance of specified tasks, to ensure working conditions stipulated by labour law, the collective contract, other agreements and local regulations, and to remunerate the employee on time and in full, and the employee undertakes personally to perform the tasks specified by this agreement and to observe the internal labour rules and regulations applicable to the employer. The employment contract is concluded in writing.
43.An employment contract that is not drawn up in written form shall be considered concluded if the employee has started work with the consent or at the request of the employer or the employer’s representative.
44.Under article 60 of the Labour Code, it is prohibited to require an employee to perform tasks not specified in the employment contract. Employees have the right to conclude employment contracts on the performance, during their free time, of other regular paid work with the same employer (internal concurrent employment) or with another employer (external concurrent employment) (Labour Code, art. 601). With their written consent, employees may be assigned additional tasks, in the course of their established working day (or shift), alongside the tasks defined in the employment contract, in another or the same occupation (or post), against additional remuneration (Labour Code, art. 602).
45.By written agreement between the parties, the employee may be temporarily transferred to another job with the same employer for a period of up to one year or, in the event that such transfer is being made to replace a temporarily absent employee who is retaining his or her post in accordance with the law, until the return of such employee to work (Labour Code, art. 72.2). It is prohibited to transfer employees to jobs which disagree with them for health reasons (Labour Code, art. 721).
46.When, pursuant to a medical finding, employees require a transfer to another job, employers shall be obliged to transfer them to another job in that workplace which does not disagree with them for health reasons (Labour Code, art. 73).
47.With the aim of legalizing the labour situation, amendments have been made to the Labour Code and the Code of Administrative Offences with a view to tightening the administrative responsibility of employers to conclude civil law contracts that properly regulate the employment relationship between employee and employer, and also to refuse to process such a contract, if it has not been correctly drawn up, including in good time.
48.In addition, the Labour Code has been supplemented by chapter 49.1, regulating the work of employees performing tasks outside the premises of the employer (remote working).
49.Matters relating to the governmental monitoring and the organization and conduct of inspections of private employment agencies performing recruitment services are covered by the provisions of the federal act on the protection of the rights of legal entities and individual entrepreneurs in the exercise of State control (surveillance) and municipal control.
50.It has been determined that other legal entities, including foreign entities and their affiliates (but not including individuals), provided that they are not private employment agencies, are entitled to undertake recruitment activities.
51.Employment contracts with employees may only be terminated in accordance with the labour law.
52.The law prohibits the coercion of employees to resign voluntarily or by agreement of the parties to their employment contract. In the event that an employer fails to comply with the mandatory requirements of the law that the prior consent of the responsible trade union body must be obtained before dismissal, specifically, before issuance of the dismissal order, or that an application must be made to the trade union body for its reasoned opinion on the termination of an employment contract, the dismissal of an employee shall be deemed unlawful and the employer is entitled to be reinstated. Persons transferred to other jobs and then dismissed for taking unauthorized leave because of their refusal to accept such a transfer shall be entitled to reinstatement to their previous jobs if the transfer is deemed, among other considerations, to be unlawful.
53.The law stipulates the procedures for the restitution of violated labour rights and for compensation for the harm caused thereby.
54.In order to promote employment, efforts are being made by the employment services in accordance with the law on employment to implement special programmes in the various constituent entities of the Russian Federation to keep unemployed citizens informed about such matters as the situation in the labour market, psychological support and vocational orientation; vocational training, retraining and further training in different professions (specialized fields), demand in the labour market; the availability of temporary jobs and internships in enterprises and the provision of material support for those in temporary jobs and internships; assistance in the relocation of unemployed citizens to other areas in search of jobs.
55.Article 3 of the federal act on minimum rates of labour remuneration stipulates the minimum rate to be used in regulating the remuneration of labour and determining the level of benefits for temporary inability to work, for pregnancy and childbirth, and for other conditions giving entitlement to compulsory social insurance. The application of the minimum rate for other purposes is not permitted. The minimum rate shall be introduced simultaneously throughout the entire territory of the Russian Federation.
56.At the same time, constituent entities of the Russian Federation may, by a regional agreement on wages, set their minimum wage at a level higher than the federal level.
57.The minimum wage of workers who, over a given period of time, have fulfilled their work norm (labour obligations) may not be lower than the minimum rate of labour remuneration and may not be lower than the minimum wage in that constituent entity.
58.From 1 July 2016, the minimum rate of labour remuneration is 7,500 roubles, representing 66.9 per cent of the minimum subsistence level of the working population.
59.Currently, pursuant to a request by the Government of the Russian Federation, a bill is being drafted on raising the minimum rate of labour remuneration to the minimum subsistence level.
60.Chapter 16 of the Labour Code defines shift work, flexible working hours, part-time working week, irregular working hours, staggered working hours, and other arrangements.
61.Irregular working hours represent a special arrangement whereby an employer may, where necessary, bring certain employees back into the workplace to perform their functions outside their stipulated working hours (Labour Code, art. 101).
62.The list of duties to be performed by employees working on irregular hours must be specified in a collective agreement, employment contract or local regulatory instrument (such as an order), taking into account the opinion of the employees’ representative body. The employer must grant additional paid leave for work performed an irregular working hours arrangement. The duration of this leave shall be determined by the internal workplace regulations and, under the provisions of article 119 of the Labour Code, may not be less than three calendar days.
63.Under a flexible working hours arrangement, the beginning, end or total duration of the working day (or shift) shall be determined by agreement between the parties (Labour Code, art. 102). Under this arrangement, the employer shall ensure that the employee can complete the necessary total number of working hours during the respective reference period (working day, week, month, and so forth). Under this arrangement, working time is measured on a cumulative basis. The flexible working hours arrangement may be applied to a five-day or a six-day working week and to other working arrangements.
64.Shift work is work in two, three or four shifts, which is introduced when the production time exceeds the permissible length of the normal working day and also to maximize the use of equipment, or to boost the volume of output or services.
65.In a shift work arrangement, each group of workers should work within a stipulated working period in accordance with the shift schedule (Labour Code, art. 103). Employees may not work on two consecutive shifts. In scheduling shift work, account should be taken of the views of the employees’ representative body, following the procedure established by article 372 of the Labour Code for the adoption of local regulatory instruments. The shift schedule is generally annexed to the collective agreement. Shift schedules must be notified to workers no later than one month prior to their implementation.
66.It is permitted to divide up the working day, provided that the total working hours do not exceed the stipulated length of the normal working day (Labour Code, art. 105). This division shall be made by the employer in accordance with local regulations, taking into account the views of the elected board of the primary trade union organization.
67.With regard to the five and six-day working week, in accordance with article 11 of the Labour Code, workers are given two rest days for a five-day working week and one rest day for a six-day working week.
68.In a five-day working week, the working day shall be eight hours in duration; in a six-day week, five days are usually seven hours and one day five hours in duration.
69.Where part-time work is concerned, by agreement between the employee and the employer, a part-time working day (or shift) or a part-time working week may be established, either upon recruitment or subsequently.
70.Under a part-time working arrangement, employees’ pay is to be prorated to the amount of time that they work or on the basis of the volume of work that they perform.
71.With regard to special working hours, according to decision No. 877 of 10 December 2002 of the Government of the Russian Federation, working hours for certain categories of workers shall be governed by separate regulations.
72.Working hours shall be stipulated by internal workplace regulations in accordance with labour law and other statutory instruments setting out the rules of labour law, with collective employment contracts and with other agreements (Labour Code, art. 100).
73.If an individual worker’s working hours differ from those stipulated in the general rules applicable to the employer, these must be defined in the employment contract (Labour Code, art. 57).
74.In accordance with article 72 of the Labour Code, the conditions of labour contracts may only be modified by the parties by their mutual agreement, in writing, except as provided for in the Labour Code.
75.In accordance with article 107 of the Labour Code, leave is one of the forms of rest time. Leave is a period of rest granted to employees every year, and paid by the employer for whom the employee works. During this period of time the employee shall be exempt from the performance of work duties.
76.The right to annual paid leave is one of the fundamental constitutional rights of citizens. It is guaranteed to all persons working under an employment contract (Constitution, art. 57, part 5; Labour Code, art. 21, part 1(6)).
77.The right to leave is enjoyed by employees regardless of the nature of their employer (whether a legal entity, individual entrepreneur or private individual), the extent of their employment (whether on a full or part-time working basis), the place where they perform their occupational duties (at the employer’s premises or at their own home), the manner in which they are remunerated, the post that they occupy, the duration of their employment contract and other circumstances.
78.The provisions of the Labour Code are consistent with all provisions of the ILO Convention concerning Annual Holidays with Pay (Revised), 1970 (No. 132), ratified by Federal Act No. 139 of 1 July 2010.
79.When employees are away on leave, their jobs and their average earnings are retained (Labour Code, art. 114).
80.Employees who are on leave may not be dismissed on the initiative of their employer (except in cases of the closure of the organization, or the termination of the activity of an individual entrepreneur) (Labour Code, art. 81, part 6). While on leave, employees may give notice of resignation and apply to terminate their employment contract.
81.The minimum annual paid leave is 28 calendar days. If an employment contract contains a clause stipulating leave of less than 28 calendar days, it shall be null and void.
82.For some categories of workers the law stipulates an extended annual paid leave (of more than 28 days).
83.The withdrawal of any annual paid leave is permissible only with the employee’s consent, and on condition that employees must be free to use the unused portion of leave at any time of their convenience during the current working year or to attach it to their leave for the next working year.
84.Article 2 of the Labour Code recognizes the equality of rights and opportunities for workers as one of the basic principles underpinning the legal regulation of labour relations.
85.Under article 3 of the Labour Code, everyone has equal opportunities to the exercise of their labour rights.
86.In this process, the making of any differentiation, exceptions, preferences or restrictions of rights of employees determined by the specific demands of a given activity as prescribed by federal law or as dictated by the State’s responsibility for persons in need of greater social and legal protection, or as stipulated by the Labour Code, or in cases and according to the procedure prescribed in the Code for the purposes of ensuring State security, maintaining an optimal balance of labour resources, or giving priority attention to the employment of citizens of the Russian Federation and with the aim of meeting other challenges of the country’s domestic and foreign policy, shall not be considered discriminatory.
87.Under article 57 of the Labour Code, the employment contract must include the remuneration conditions (including the employee’s pay-scale or salary (official salary for the post), additional emoluments, bonuses and incentive payments), the working hours arrangement and the rest periods (if for the employee in question this differs from the general rules in force for that employer).
88.Under article 132 of the Labour Code, the salary of each worker shall depend on his or her qualifications, the difficulty of the work performed and the quantity and quality of labour expended, and no maximum limit is set, except as provided for in the Labour Code.
89.In addition, chapter 41 of the Labour Code sets out special considerations governing the labour of women and individuals with family responsibilities, including additional guarantees for women and persons with family responsibilities.
90.Liability for sexual harassment in the workplace is provided for in article 133 of the Criminal Code of the Russian Federation, on “Pandering”.
91.One of the most important tasks of the country’s social policy is to uphold the exercise by citizens of their constitutional rights to healthy and safe working conditions.
92.In order to strengthen preventive measures for the benefit of workers, to reduce the number of industrial injuries and occupational illnesses of workers, the Ministry of Labour of the Russian Federation is actively planning measures to update the existing labour protection regulations, and also to draft and publish new regulations.
93.Priorities in the publication and updating of the existing regulations are established on the basis of the actual level of occupational injuries in various types of economic activity, and the existing safety conditions.
94.In drafting occupational safety regulations, due consideration is given to the ILO conventions ratified by the Russian Federation, and also to the best global practices.
95.Between 2013 and the first quarter of 2016, 16 occupational safety regulations were approved for different activities and jobs. In formulating occupational safety regulations, the so-called “injury rating system” is employed.
96.The rights of workers’ representatives and employers’ representatives in collective bargaining processes and the modalities of the bargaining are governed by the Labour Code, and the federal acts on trade unions and their rights and guarantees, on employers’ associations and on voluntary associations.
97.In accordance with article 9 of the act on trade unions, membership or non-membership of trade unions does not entail any restriction of the social, labour, political and other rights and freedoms guaranteed by the Constitution, the federal laws and the laws of the constituent entities of the Russian Federation.
98.The most significant function of the union is to protect the interests of workers in labour matters.
99.In accordance with article 370, part 3, of the Labour Code, legal and technical inspectorates may be set up by nationwide trade unions and their associations, and also by interregional and local authorities, to monitor compliance with labour legislation.
100.An employer may not impede the work of the labour inspectorate, as the right of trade unions to monitor compliance with labour legislation and other statutory and regulatory enactments setting out the rules of labour law is enshrined in law (Labour Code, art. 370, part 5).
101.The rights of trade union labour inspectorates are also reaffirmed by the statutes of the nationwide and interregional trade union associations.
102.Collective bargaining constitutes the principal form of social partnership used to reach agreements on working conditions between workers and employers, and on other contentious issues. In accordance with article 37 of the Labour Code, participants in collective bargaining are free to choose the social and labour issues that need to be resolved.
103.Commissions of representatives of the parties shall be set up by decision of the parties at all levels, on an equal footing and vested with the necessary authority to ensure harmonious social and labour relations, to conduct collective bargaining procedures, to prepare and conclude collective contracts and agreements, and also to organize monitoring of their implementation.
104.At the federal level, a standing Russian tripartite commission has been set up for the regulation of social and labour matters. The commission’s activities are carried out in accordance with federal law. The commission is made up of representatives of the nationwide trade union associations and employers’ associations and of the Russian Government.
105.Social partnership at the federal level is exemplified by the general agreement between nationwide trade union associations, nationwide employers’ associations and the Government of the Russian Federation (hereinafter: the “General Agreement”).
106.The General Agreement forms an integral part of the collective treaty process in the social partnership system and serves as the basis for the formulation and conclusion of sectoral agreements in the domain of social partnership at the federal and regional levels.
107.In accordance with article 33 of the Labour Code, the interests of employers in collective bargaining, or the conclusion or amendment of a collective agreement, are represented by the head of the organization, the employer — the individual entrepreneur (in person) — or by persons mandated to act on their behalf.
108.Trade unions have the right to engage in collective bargaining and to conclude collective contracts and agreements (Labour Code, art. 36). The parties to a collective agreement are the workers and the employer. The only function of the trade union is to represent the workers.
109.The guarantees and compensation for persons involved in collective bargaining are enshrined in the Labour Code.
110.The parties in collective bargaining processes shall, within two weeks of the date of receipt of the corresponding request, provide each other with the information necessary for the conduct of collective bargaining.
111.Representatives of a party which has received a proposal in writing to commence collective bargaining, are obliged to commence such bargaining within seven calendar days of receipt of the said proposal, after responding to the initiator of the collective bargaining with the names of the representatives from their side who will be participating in the work by the commission to conduct the collective bargaining process and their mandates. The commencement date of a collective bargaining process shall be the day following the date of receipt of the aforementioned response by the party which initiated the collective bargaining.
112.If, in the course of negotiations, the parties were unable to reach agreement on all the issues or on some of those issues, a record of the differences shall be drawn up.
113.The settlement of differences through a collective bargaining process shall be in compliance with the Labour Code.
114.The signing of a collective contract or agreement, or of a record of differences, shall mark the end of the collective bargaining process for the conclusion of such collective contract or agreement.
115.The consolidated draft of a collective agreement must be submitted for discussion by employees in the various departments of the enterprise and finalized with due account for the comments, proposals, and suggested additions received. It shall then be ratified by a general meeting (conference) of the employees of the organization and signed on behalf of the employees by all members of the consolidated representative body.
116.Following its ratification, the collective agreement is signed by the representatives of the parties, who shall themselves determine precisely who shall be entrusted to do so.
117.The collective agreement, duly signed by the parties and together with its annexes, shall be transmitted by the employer within seven days to the local labour authority at the appropriate level for declaratory registration. The purpose of such registration is to ensure that the agreement is duly checked for any conditions that might worsen the situation of the employees compared to the labour legislation and other statutory and regulatory enactments setting out the rules of labour law. Any conditions in a collective contract or agreement that might serve to worsen the situation of employees shall be invalid and may not be implemented.
118.The entry into force of a collective contract or agreement shall not depend on whether or not it has undergone declaratory registration.
119.Currently more than 200,000 collective agreements have undergone declaratory registration.
120.By its article 37 (4), the Constitution of the Russian Federation recognizes the right to individual and collective labour disputes and the use of the procedures established by federal law to settle them, including the right to strike.
121.As stipulated by article 413 of the Labour Code, strikes shall be illegal and will not be permitted:
1.During a state of war or emergency or special measures under emergency legislation; in units and organizations of the Russian Federation Armed Forces and other military, paramilitary and other formations, institutions (branches, representative offices and other structural units) directly in charge of national defence, national security, emergency response, search and rescue, fire-fighting, prevention or elimination of natural disasters and emergencies; in law enforcement bodies; in organizations (branches, representative offices and other structural units) directly serving particularly hazardous forms of production or equipment, ambulance and emergency medical assistance stations;
2.At organizations (branches, representative offices and other structural units) directly concerned with rendering vital public services (supply of power, heat, water and gas; air, rail and water transport; telecommunications; and hospitals), if strike action would jeopardize the defence and security of the State, human lives and health.
122.The right to strike may be restricted by federal law.
123.A strike shall be considered illegal if it was declared without incorporating the deadlines, procedures and other requirements set out in the Labour Code.
124.Decisions to declare strikes illegal are taken by the supreme courts of the constituent republics, regional courts, provincial courts, courts of cities of federal status, and courts of autonomous provinces and prefectures upon application by the employer or the procurator.
125.The court’s decision is communicated to workers through the authority leading the strike, which shall immediately inform the strike participants of the court’s decision.
126.A court decision to declare illegal a strike which has entered into force shall be immediately enforceable. Employees are required to end the strike and return to work no later than the following day after the delivery of a copy of the relevant court decision to the authority leading the strike.
127.In the event of an imminent threat to human life and health, the court is entitled to defer a strike which has not yet started for up to 15 days, and to suspend a strike which has already started for the same period.
128.In circumstance of particular significance for ensuring the vital interests of the Russian Federation or its constituent territories, the Russian Government is entitled to suspend a strike until a decision is reached by the relevant court, but for not more than 10 calendar days.
129.The ban on strikes also extends to the employees of a number of life-support organizations (specified in subparagraph 1 of paragraph 121).
130.Pursuant to article 7, part 2, of the Constitution, the Russian Federation shall protect the work and health of its people, establish a guaranteed minimum wage, provide State support for family, motherhood, fatherhood and childhood, and also for citizens with disabilities and elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees.
131.Article 39 of the Constitution guarantees for every citizen social security in old age and in the event of illness, disability, loss of a breadwinner, for the raising of children and other cases established by law.
132.State pensions and Social benefits are established by law.
133.Voluntary social insurance, securing supplementary livelihoods and engaging in charitable work are all encouraged.
134.In order to ensure the country’s constitutional guarantees, Federal Act No. 165 on the principles of compulsory social insurance was adopted on 16 July 1999.
135.Specific forms of compulsory social insurance are regulated by special federal laws.
136.Thus, Federal Act No. 167 of 15 December 2001, on the mandatory provision of pension insurance in the Russian Federation, sets out the organizational, legal and financial framework of compulsory pension insurance. Under the aforementioned federal act, attainment of the retirement age, disability and the loss of a breadwinner shall give entitlement to insurance coverage, and mandatory insurance is provided in the following forms:
Old age pension;
Survivor’s pension on the loss of a breadwinner;
Fixed contribution to the pension fund;
Lump-sum payment of accumulated pension benefits;
Urgent pension payment;
Disbursement of accumulated pension benefits to the successors of a deceased insured person;
Social benefit for the funeral of a deceased pensioner who was not covered by compulsory social insurance for temporary disability or maternity at the date of death.
137.The compulsory pension insurance system is funded by compulsory insurance premiums paid at the rates set by Federal Act No. 212 of 24 July 2009, on insurance contributions to the pension fund, social insurance fund and compulsory medical insurance fund of the Russian Federation, and by voluntary contributions paid in accordance with other federal laws.
138.Federal Act No. 134 of 24 October 1997, on the subsistence minimum in the Russian Federation, sets the subsistence minimum for pensioners. If a citizen’s pension is less than the subsistence minimum set for pensioners, under Federal Act No. 178 of 17 July 1999, on State social assistance, social pension supplements shall be granted in the form of a monetary amount to bring the pension up to the pensioners’ subsistence minimum.
139.Under article 41 of the Constitution of the Russian Federation, every citizen has the right to health protection and medical care. Medical care is provided free of charge at State and municipal health facilities and is funded from the relevant budget, insurance premiums and other forms of revenue.
140.To ensure that incapacitated citizens are provided with a means of livelihood, Federal Act No. 166 of 15 December 2001, on State pensions in the Russian Federation, stipulates that social pensions shall not be dependent on the payment of contributions.
141.Additional pension schemes make it possible to grant citizens supplementary pension benefits, through the payment of voluntary contributions by employers and insured persons, and these are implemented in accordance with the following federal laws:
Act No. 75 of 7 May 1998, on non-State pension funds;
Act No. 56 of 30 April 2008, on the payment of supplementary insurance premiums into the cumulative portion of retirement pensions and State support for the formation of pension funds;
Act No. 155 of 27 November 2001, on supplementary social benefits for civil aircraft flight crew members;
Act No. 84 of 10 May 2010, on supplementary social benefits for specific categories of employees of coal enterprises.
142.Men and women enjoy equal rights in respect of the payment of insurance contributions, the computation of contributory service and the calculation of pension levels.
143.Federal Act No. 400 of 28 December 2013, on insurance pensions, and Federal Act No. 166 of 15 December 2001, on State pensions in the Russian Federation, give preferential treatment to women, according them a retirement age 5 years lower than that for men.
144.Under Russian legislation governing social security and pensions, self-employed citizens have the same rights as citizens performing occupations under employment contracts.
145.Social support is also manifested in the following benefits, among others: health coverage (Federal Act No. 323 of 21 November 2011; Federal Act No. 326 of 29 November 2010); sickness benefits (Federal Act No. 255 of 29 December 2006); occupational injury benefits (Federal Act No. 125 of 24 July 1998).
146.The system of paying State benefits to citizens with children, in connection with their birth and upbringing, is set out in Federal Act No. 81 of 19 May 1995, on State benefits for citizens with children.
147.The scope of this federal act includes, among others, the following:
Foreign nationals and stateless persons, and also refugees, permanently residing in the territory of the Russian Federation;
Foreign citizens and stateless persons temporarily residing in the Russian Federation and covered by compulsory social insurance for temporary disability and maternity.
148.The law affirms the right of citizens with children to receive State benefits for pregnancy and childbirth, and stipulates the payment of lump-sum benefits to women who register with medical facilities in the early stages of pregnancy, of lump-sum benefits on childbirth, and monthly allowances for childcare until the child is one and a half years old.
149.Citizens covered by compulsory social insurance in the event of temporary disability and maternity shall receive an allowance for childcare until the child is 18 years of age, paid at the rate of 40 per cent of the average wage, which is supplemented by insurance contributions paid under compulsory social insurance for temporary incapacity and maternity.
150.Accordingly, foreign nationals who are not covered by compulsory social insurance in the event of temporary disability or maternity are entitled to receive social support benefits established at the federal level, provided that they are permanently resident in the Russian Federation, which residence must be certified by the appropriate documents.
151.Persons recognized as refugees and members of their family residing with them have the right to medical and medicinal care on the same basis as citizens of the Russian Federation (Federal Act No. 4528-1 of 19 February 1993).
152.Under article 11 of the Family Code of the Russian Federation, marriage is concluded in the physical presence of the intending spouses one month after the day on which they submit their application to the civil registry office.
153.The State registration of the marriage in made in the manner prescribed for civil acts subject to State registration.
154.The refusal by a civil registry office to register a marriage may be challenged in the courts by one or both of the intending spouses.
155.The mutual consent of the intending spouses and their attainment of the minimum age for marriage are required for the conclusion of a marriage.
156.The legal, organizational and economic underpinnings of social services for the public in the Russian Federation are regulated by the federal act on basic principles of federal social services for the public in the Russian Federation. According to the aforementioned act, the social services shall be funded from the following sources:
1.Budgets of the Russian budgetary system;
2.Charitable contributions and donations;
3.Payments by the recipients of social services provided on a for-payment or partial payment basis;
4.Income from entrepreneurial or other gainful activities undertaken by social services organizations and from other sources not prohibited by law.
157.Under the act, citizens shall be deemed in need of social services in the event of any of the following circumstances which impair or may impair their livelihood:
1.Total or partial loss of the capacity or possibility of caring for themselves, of walking unaided, or of providing the basic necessities of life in consequence of illness, injury, age or disability;
2.Presence in the household of a person or persons with disabilities, including a child or children with disabilities, who need permanent nursing care;
3.Presence of a child or children (including under foster care or guardianship) who have difficulties in social adaptation;
4.Inability to provide care (including temporary care) for a person with disabilities, child, or children, and also the lack of proper supervision over such persons;
5.Presence of domestic conflicts, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, and the occurrence of violence in the home;
6.Lack of fixed abode, including by persons below the age of 23 who have been discharged from orphanages and by children deprived of parental care;
7.Lack of work and any means of subsistence;
8.Other circumstances recognized by the laws and regulations of the given constituent entity of the Russian Federation as impairing or capable of impairing the livelihood of citizens.
158.A State programme for the social support of citizens is under implementation in the Russian Federation (hereinafter the “State programme”).
159.The State programme is designed to enhance the availability of social services and to create conditions to improve the welfare of its beneficiaries.
160.The provision of pregnancy and maternity leave is a crucial safeguard for women, which not only enables them to combine work and motherhood, but also protects the health of the mother and child.
161.The right to maternity leave is granted to all women working under an employment contract, regardless of the length of their employment in the enterprise, their working hours arrangement, the use of their annual leave entitlement and other factors.
162.Under article 256 of the Labour Code, women are entitled to leave to care for a child up to the age of 3 years.
163.Article 257 of the Labour Code accords the right to childcare leave to employees who adopt a child.
164.Employees who adopt a child may be granted leave from the day of adoption for up to 70 calendar days from the adopted child’s date of birth, and for up to 110 calendar days from the date of the children’s birth if they simultaneously adopt two or more children.
165.If so requested by employees who adopt a child or children, they shall be granted leave to care for the child or children up to the age of 3.
166.If a child is adopted (or children are adopted) by both spouses, either may take leave as they see fit.
167.When employees take leave to care for a child up to the age of 3, their jobs (positions) are kept for them. This means that an employee who is on leave may not be dismissed by the employer or transferred to another job or position. The employee shall have the right at any time to suspend the leave, and this does not require the employer’s consent.
168.The period of leave taken by mothers and other persons caring for a child counts towards the period of contributory service for pension purposes and towards their professional seniority. The guarantees accorded to pregnant women relating to the termination of employment contracts consist in the prohibition of their dismissal on the initiative of the employer and in the special procedure applicable to dismissal upon the expiry of a fixed-term employment contract.
169.The Labour Code of the Russian Federation stipulates that fixed-term employment contracts that expire during an employee’s pregnancy are to be extended to the date on which their pregnancy and maternity leave ends. A pregnant woman may only be dismissed by her employer in the event of the closure of the business or termination of the activity of an individual entrepreneur.
170.Upon the expiry of a fixed-term employment contract during the employee’s pregnancy, the period of validity of the contract must be extended upon the employee’s request until the end of her pregnancy (Labour Code, art. 254).
171.Compulsory social insurance for temporary disability and for maternity is provided in the following modalities:
Allowances for temporary disability;
Lump-sum benefit for women who have registered at a hospital in the early stages of pregnancy;
Pregnancy and maternity benefit;
Lump-sum benefit on the birth of a child;
Monthly allowance for childcare;
Funeral allowance in the event of the death of the insured person or a minor member of the insured person’s family (implemented under the compulsory social insurance for temporary disability and maternity).
172.Employees who care for a minor child are entitled under Russian law to leave for such childcare until the child is 3 years of age (Labour Code, art. 256).
173.During such leave and until the child reaches the age of 18 months, citizens actually caring for the child shall be paid a monthly childcare allowance.
174.Under article 256, part 2, of the Labour Code, childcare leave may be taken not only by the child’s mother, but also by its father, grandmother, grandfather, or other relative or guardian who actually takes care of the child.
175.Specific features of the employment of persons under 18 years of age are outlined in chapter 42 of the Labour Code, other federal laws, and collective contracts and agreements.
176.Article 265 of the Labour Code specifies the occupations which are barred to persons under 18 years of age. These include:
Work in harmful and (or) dangerous conditions and underground work;
Work that may harm the health and moral development of minors.
177.In addition, persons under the age of 18 may not be assigned to work in multiple employment (Labour Code, art. 282, part 5), to work on a rotating basis (Labour Code, art. 298) and to work in religious organizations (Labour Code, art. 342). As a rule, employment contracts may be concluded with persons who have reached the age of 16 (Labour Code, art. 63, part 1).
178.Employers have the right to employ persons under the age of 16 to perform light work that does not harm their health, if they:
Have attained the age of 15 and are receiving basic general education. In this case, the work should be carried out in their free time without prejudice to the conduct of their educational programme;
Have attained the age of 15 and, at the time of the conclusion of an employment contract, have completed their basic general education or have discontinued their schooling;
Have attained the age of 14 and are receiving basic general education. In this case, the work should be carried out in their free time without prejudice to the conduct of their educational programme. The written consent of one of the parents (or a guardian) and the permission of the tutorship and guardianship authority are prerequisites for the conclusion of an employment contract. If the other parent does not consent to the conclusion of an employment contract with the minor, the opinion of that minor and the position of the tutorship and guardianship authority must be taken into consideration;
Have not yet attained the age of 14 - for employment in film companies, theatres, theatrical and concert organizations, circuses and sports and other organizations;
The employment contract is signed by a parent (or guardian) on behalf of an employee below the age of 14. The permission granted by the tutorship and guardianship authority shall specify the maximum working hours per day and other conditions under which the work may be performed.
179.Completion of a preliminary medical examination is a prerequisite for the conclusion of an employment contract with persons under the age of 18, regardless of the nature of their employment.
180.The procedure for such examinations is laid out by Order No. 302n of 12 April 2011 of the Ministry of Health and Social Development of the Russian Federation. Minors are obliged to undergo a mandatory annual medical examination, at the employer’s expense, until they reach the age of 18 years (Labour Code, art. 266).
181.Labour relations with minors are covered by the general rules set out in the labour law. Prior to the signing of an employment contract, minor employees should familiarize themselves, against their signature, with the internal workplace regulations and other local regulations relating to their work (Labour Code, art. 68, part 3). The employment contract should reflect the mandatory information and conditions stipulated by article 57 of the Labour Code.
182.As stated in article 70, part 4, of the Labour Code, persons under the age of 18 shall not be subject to aptitude tests for employment. If such a condition is included in the employment contract, it shall have no validity.
183.The Labour Code of the Russian Federation sets out limitations that that must be observed in the employment of minors.
184.As a general rule, the lifting and carrying of loads by minor employees are only permitted within established standards (Labour Code, art. 265, part 2). Maximum permissible limits for the manual lifting and carrying of loads by persons under 18 were approved by decision No. 7 of 7 April 1999, of the Ministry of Labour.
185.An exception is made for athletes under 18 participating in sports events. In these events, the limits may be exceeded if this is necessitated by the training plan for competitions and the resulting burdens are not prohibited for health reasons, as confirmed by a medical certificate.
186.Pursuant to articles 92 and 94 of the Labour Code, minors are categorized as workers entitled to reduced working hours.
187.The total working hours of minor employees depend on their age. Thus, for employees under the age of 16, these may not exceed 24 hours per week and, for employees aged 14-16, 35 hours per week. For minor employees attending educational establishments and working during the school year in their free time, the maximum working hours for persons under the age of 16 may not exceed 12 hours per week and, for employees aged 14-16, 17.5 hours per week.
188.The maximum length of the working day (shift) for minors aged 15-16 years shall not exceed five hours and, for employees aged 14-16, seven hours.
189.For minor employees attending educational establishments and following courses of basic general, secondary general and secondary vocational education and combining such attendance during the school year with employment, the maximum length of the working day (shift) for persons aged 14-16 may not exceed 2.5 hours; and for those aged 14-16, four hours.
190.Minor employees are granted basic annual paid leave of 31 calendar days to be taken at their convenience.
191.Employees under 18 years of age are covered by the general grounds for the termination of employment contracts set out in the Labour Code.
192.Article 269 of the labour code provides additional guarantees relating to the termination of employment contracts with employees under the age of 18. In particular, if employers, on their own initiative, decide to terminate the employment contract of an employee, in addition to complying with the general procedures for dismissal, they must obtain the consent of the relevant State labour inspectorate and the Commission on Minors’ Affairs and Protection of Minors’ Rights. This rule does not apply in the event of the dismissal of minor employees as a consequence of the winding-up of organizations or discontinuation of the work of individual entrepreneurs.
193.The exploitation of minors and forced child labour are covered by articles 127.2 (Use of slave labour) and 127.1 (Human trafficking) of the Criminal Code.
194.Every year the Government issues a report on the situation of children in the Russian Federation, reflecting concerns relating to the situation of children.
195.An electronic version of the report is available on the website of the Russian Ministry of Labour at: http://www.rosmintrud.ru/docs/mintrud/protection/256.
196.By its article 265, the Labour Code prohibits the use of the labour of persons under 18 years of age in harmful or dangerous conditions or underground, and also in forms of employment that could be harmful to their health or moral development (the gambling industry, work in nightclubs and cabarets, and the production, transport of or trade in alcoholic beverages, tobacco goods, drugs and toxic preparations, and materials of an erotic nature).
197.In order to oversee and monitor compliance with the law on the employment of minors under 18 years of age, checks are conducted by duly authorized bodies to identify and suppress violations.
198.By government order No. 164-r of 6 February 2016, an action strategy for senior citizens for the period to 2025 has been approved, with a view to developing a State social policy on senior citizens. Its primary objective is to ensure the sustained improvement in the life expectancy, living standards and quality of life of older persons, and to promote their active longevity.
199.In accordance with article 6 of the Federal Act No. 4528-1 of 19 February 1993, on refugees (hereinafter referred to as the “Federal Refugees Act”), persons who have received confirmation that their application for refugee status in the territory of the Russian Federation is being considered on its merits and members of their families residing with them have the right:
1.To use the services of an interpreter and to receive information about the procedure for refugee recognition and about their rights and obligations;
2.To receive assistance for travel and the forwarding of their baggage to their place of temporary residence;
3.To receive a lump-sum cash benefit for each member of their family, in the manner and to the extent prescribed by the Government of the Russian Federation, but of not less than 100 roubles;
4.To be assigned by a local agency of the Federal Migration Service to a temporary housing centre;
5.To be accompanied by representatives of the local agency of the Federal Migration Service and (or) the regional office of the Ministry of Internal Affairs to the temporary housing centre and for their safety in the temporary housing centre to be assured by representatives of the regional office of the Ministry of Internal Affairs;
6.To receive food and have access to utilities in their temporary holding facility or temporary housing centre;
7.To receive medical care and medication in accordance with Russian law;
8.To receive assistance in being assigned to vocational training at the temporary housing centre or in finding employment in accordance with Russian law;
9.To request that consideration of their application be discontinued.
200.Pursuant to article 13 of government decision No. 274 of 9 April 2001, on temporary asylum in the Russian Federation, all the above rights shall apply to persons who have received temporary asylum in Russia, and to the family members that have arrived with them, except the right to a lump-sum cash benefit.
201.Under the provisions of paragraph 4 of article 3 of the Federal Refugees Act, the procedure for the granting of refugee status to persons who are members of the same family shall be carried out in respect of each member of the family who has reached the age of 18 if, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, ethnic origin, membership of a particular social group or political opinion, those family members are outside the country of their nationality and are unable to enjoy the protection of that country or do not wish to use such protection owing to such fear, or if, not having any nationality and being outside the country of their former habitual residence, as a consequence of such events, they are unable or unwilling to return to it owing to such fear. These circumstances are spelled out in article 1 (1.1) of the Federal Refugees Act.
202.In the absence of those circumstances, family members aged 18 or over may, with their consent, also be granted refugee status for the purpose of family reunification.
203.The Russian Criminal Code criminalizes a range of acts of violence against women and children, including murder, intentional infliction of bodily harm, battery, cruel treatment, rape, sexual assault and forcing women and children to commit such acts (arts. 105, 110, 111, 112, 115, 116, 117, 131, 132, 133, 134 and 135).
204.A federal bill on the prevention and suppression of domestic violence has been drafted and discussed at conferences in St. Petersburg and Moscow, at hearings in the State Duma, and at a meeting of the President’s Council on Human Rights.
205.The bill has been considered by the federal executive authorities, which have made comments and suggestions.
206.In its conclusion No. 2307p-P4 of 17 April 2015 on the federal bill on the prevention and suppression of domestic violence, the Russian Government noted that it would support the bill subject to its revision in the light of comments regarding the need to remove contradictions, overlapping rules and unclear definitions.
207.Once it had been finalized in line with those observations, the federal bill was resubmitted for consideration by the Government and, on the instructions of the Government, it is currently under review by the federal executive authorities.
208.The legal basis for countering human trafficking in the Russian Federation consists of the Constitution of the Russian Federation, which enshrines the basic human rights and freedoms guaranteed by the Universal Declaration of Human Rights, an array of international treaties of the Russian Federation and other national legislation, principally its criminal law and criminal procedural law.
209.The United Nations Convention against Transnational Organized Crime, along with its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and its Protocol against the Smuggling of Migrants by Land, Sea and Air, was ratified in 2006.
210.With a view to improving protection for the victims of human trafficking, the federal act on State protection for victims, witnesses and other parties to criminal proceedings was adopted on 20 August 2004; it came into force on 1 January 2005. The act establishes a system of State protection for victims, witnesses and other parties to criminal proceedings, which incorporates security and social welfare measures for such persons, including those involved in human trafficking cases. As specified in the Code of Criminal Procedure, immediate family members, relations and close friends exposed to unlawful violence in order to influence those involved in criminal proceedings who are themselves under State protection are also eligible for State protection.
211.Analysis of the results of the investigative work by the Russian law enforcement authorities to combat human trafficking shows that the number of reported offences under articles 127.1 and 127.2 of the Criminal Code, which in recent years has remained at much the same level, has shown a marked increase.
212.In this regard, the Russian Federation is actively implementing the anti-human trafficking cooperation road map of the Commonwealth of Independent States for the period 2014-2018.
(a)Right to the continuous improvement of living conditions
213.In the Russian Federation, the minimum subsistence level is the official poverty line.
214.Under the federal act on the minimum subsistence level in the Russian Federation, the subsistence level is based on the consumer goods basket and consumer price data provided by the Russian Federal State Statistics Service.
215.Since 2013, the consumer goods basket in the Russian Federation has been calculated by a statistical method that determines the quantities of food consumption by the use of natural indicators and bases the expenditure on non-food items and services on the proportion that they constitute of the cost of food products.
216.The consumer goods basket is established for three main groups (working population, pensioners and children) in the Russian Federation as a whole and in its constituent entities, at least once every five years (the current basket was defined by Federal Act No. 227 of 3 December 2012).
217.Guidelines for calculating the consumer goods basket in the constituent entities of the Russian Federation and the rules for the calculation of the minimum subsistence level for the Russian Federation as a whole have been approved by the Government.
218.The current absolute poverty line in the Russian Federation is set at some 40 per cent of the median per capita income, which is the relative poverty threshold used in the European Union for cross-country comparisons.
219.International experience is applied in measuring poverty in the Russian Federation. Practical use is made of the relative poverty rate (the number of people with monetary incomes less than 40-60 per cent of the median income), calculated by the Federal State Statistics Service using OECD methodology. In 2014, the relative poverty rate was 18.5 per cent of the total population, based on a poverty line of 50 per cent of the median, or 11.8 per cent of the total population, based on a poverty line of 40 per cent of the median.
220.The government programme on social support for citizens sets objectives and targets (indicators) for reducing poverty and defines the efforts needed to achieve them.
221.By a presidential decree on the evaluation and State monitoring of the national security situation of the Russian Federation, plans have been announced for the official certification of national security and the preparation of a methodology for determining current national security indicators (including poverty indicators), including their maximum permissible (or so-called “critical”) levels.
(b)Right to adequate food
222.Aspects of nutrition are included in the Russian Federation State programme on health promotion, and its subprogramme 1 on disease prevention, the promotion of healthy lifestyles, and the development of primary health care, which identifies attention to a healthy diet as one of the most important ingredients of a healthy lifestyle.
223.Currently, the actual per capita consumption of fish and fish products, meat and meat products, potatoes, sugar and vegetable oils tallies with the recommended acceptable standards for food consumption, meeting modern nutritional requirements or deviating from them by only a small margin. Consumption of fruit and berries, vegetables and melons, milk and milk products stands at 65-90 per cent of the recommended acceptable standards.
224.Work is under way to optimize the nutrition of preschool children, by increasing the share in their diet of cultured milk products, vegetables and fruit.
225.Great emphasis is placed on ensuring that children are fed during their leisure time.
226.A strategic challenge faced by the country’s agroindustry is ensuring the guaranteed and sustainable supply of safe and good quality food to the Russian population, while also boosting the competitiveness of domestic food products on both the domestic and foreign markets.
227.The government policy in this domain is implemented through the State programme for the development of agriculture and the regulation of markets for agricultural products, basic commodities and foodstuffs for the period 2013-2020, the States programme for the development of the fisheries sector, and the special federal programmes for the sustainable development of the rural areas for 2014-2017 and for the period to 2020, and for the improvement of agricultural land for the period 2014-2020.
228.On 11 June 2014, the sectoral standardization programme in priority areas for the period to 2020 was drawn up and ratified for food products and raw materials. As part of its implementation, more than 200 standards were developed and ratified in 2015.
229.A pilot project has been carried out to upgrade school meals in general educational establishments. Pilot projects have been carried out in 2011 as part of the priority national education project with the participation of 28 constituent entities of the Russian Federation (428 schools, 213,000 schoolchildren). The project results confirmed that it was possible significantly to improve school meals and, correspondingly, the health of schoolchildren, through financial support and by focusing the attention of the regional authorities on the issue of nutrition in schools.
230.As things stand, the Russian Ministry of Health has developed recommendations on acceptable standards of food consumption that meet modern requirements for healthy nutrition, and recommendations on the selection of basic foodstuffs appropriate to specific population groups.
231.The procedure, extent and conditions for the granting of State social assistance on the basis of the social contract are established by the authorities of the constituent entities of the Russian Federation. As this assistance is funded from the regional budgets, its level may differ from region to region.
232.According to figures of the State Statistical Service, in 2014 3.7 million people were entitled to support from the consolidated budgets of the constituent entities of the Russian Federation, representing 23.6 per cent of the total number of poor people in the country.
233.According to the Russian Ministry of Labour, in 2014 a total of 48,000 social contracts were concluded, or 10,200 more than in 2013. In 2014, 161,600 people received State support on the basis of social contracts, including 94,000 villagers and country dwellers.
234.In 2014, assistance under the social contract was provided in 67 of the constituent entities of the Russian Federation (compared to 36 in 2013). The form of assistance most commonly provided is a lump-sum payment for the development of a private allotment.
235.A government pilot project on use of the social contract to support the poor has been under way for three years in 17 constituent entities of the Russian Federation, and findings from 2013-2014 indicate that, at the end of the social contract, the material situation of many aid recipients had improved thanks to the formation of permanent and independent sources of income. They are overcoming their poverty and no longer apply for material support.
236.Given that the poverty rate in the countryside is almost double that in the city, a targeted food assistance project has been developed for the needy population, under which, in its first phase, until 2017, a system of e-payment grocery cards will be introduced and, in the second phase, 2018-2020, nutrition, social nutrition programmes will be run.
237.At its 127th session, the Council of the Food and Agriculture Organization of the United Nations (FAO) adopted voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security.
238.Although, during the elaboration and adoption of the guidelines (over the period 2002-2004), the Russian Federation was not yet a full member of FAO, it was a member of the FAO Committee on World Food Security, and also participated in the 127th session of the FAO Council. In this way, the Russian Federation was able to participate in the process of developing and adopting the guidelines.
(c)Right to water
239.Under article 6 of the Water Code of the Russian Federation, every citizen has the right to access to public water bodies and to use them, free of charge, for personal and household purposes, unless otherwise stipulated by the Water Code and other federal laws. Public water bodies shall be used in accordance with the rules for the of the protection of human life on water bodies, duly ratified by the responsible federal executive authority, and in compliance with the rules for the use of water bodies for personal and domestic purposes established by local governments.
240.With regard to measures designed to remedy the lack of water resources, the special federal programme for the development of the Russian Federation’s water industry over the period 2012-2020 (known as the “Water for Russia” programme) includes a number of projects, primarily for regions suffering from a shortage of water resources, designed to boost their water resource capacity so as to guarantee the supply of drinking water and water to meet the household needs of the population. Their implementation will improve the reliability of water supply for some 200,000-300,000 people annually.
241.The programme includes activities to educate and inform the public about the use and protection of water bodies.
242.As of 31 December 2014, 100 per cent of the towns and cities in the Russian Federation, 97 per cent of its of its urbanized settlements and 33 per cent of its villages are connected to the centralized water supply system. According to the Federal Consumer Rights and Public Welfare Oversight Service, 60 per cent of the population in the Russian Federation consume good-quality water. As of the same date, 31 December 2014, 17.8 per cent of water sources and supply systems still did not meet public health and epidemiological standards.
243.In order to improve the quality of drinking water, a federal act on the water supply and wastewater has been adopted, introducing a system of federal State health and epidemiological surveillance and drinking water quality control. In the event that, through this surveillance, cases are detected where the quality of drinking water falls short of the stipulated standards, the water-supply authority shall be required to develop and implement a plan of action within a specified time frame to bring the quality of drinking water up to the required standard.
244.The goal of the State policy on water (drinking water) supply is to ensure that all Russian citizens, regardless of their material status, have access to good-quality drinking water in a quantity sufficient to meet their basic domestic needs.
245.To achieve this objective, the following measures and activities are to be implemented:
Development of centralized water supply and (or) wastewater drainage systems;
Drafting of manuals on the most efficient technologies in the domain of water supply and wastewater;
Measures to improve the water quality in small settlements (with populations of less than 250,000). Given that, in many such cases, water supply systems will be uneconomic and will therefore necessitate the introduction of water tariffs beyond the reach of the local population, government support will be available to organizations that undertake to provide water-supply and wastewater systems in such settlements.
246.Through these measures, it will be possible to increase the supply of good-quality drinking water that meets public health and epidemiological standards.
247.Pursuant to resolution No. 24 of 26 September 2001 of the Chief Medical Officer of the Russian Federation, introducing the public health rules, from 1 January 2002 public health and epidemiological rules and standards have been in force on drinking water, the hygienic water quality standards of centralized drinking water supply systems, and water quality control.
248.The resolution stipulates the hygiene standards for drinking water and the regulations on water quality control, applicable to water produced and supplied to populated areas by centralized drinking water supply systems.
249.The public health regulations are designed for individual entrepreneurs and legal entities whose activities are related to the design, construction, operation and maintenance of water supply systems and the provision to the public of drinking water, and also for bodies and agencies responsible for State public health and epidemiological oversight.
250.The regulations apply to water delivered to the water supply system and intended for human consumption, including for drinking, for domestic purposes, for use in the processing of food ingredients and the preparation of food products, and in their storage and marketing, and also for the preparation of products requiring the use of water of the standard of drinking quality.
251.To raise awareness among young people and to build the human resource potential and the scientific and technical capacities of the water sector, an annual water contest is organized for young people with the support of the Ministry of Natural Resources, at which the best research work of Russian schoolchildren and students at secondary vocational schools on the theme of water is recognized and rewarded.
252.Since 2014, a variety of events and activities have been held to foster respect for water and water resources in the Russian Federation, including awareness-raising events for children, environmental activities under the Water for Russia programme, debates on water under the auspices of Ministry of Natural Resources, rallies to clean up rivers, lakes and beaches, and other such measures.
(d)Right to adequate housing
253.The right to housing in enshrined in the Constitution of the Russian Federation. This includes the right of all persons to have their own home or to the possibility of being provided with a home; no persons may be arbitrarily deprived of their property, nor may any person enter a home against the will of those who reside in it.
254.The term “homeless persons” is not used in Russian law and the departmental rules and regulations of the executive authorities of the Russian Federation. Instead, these instruments use the term “persons of no fixed abode”, which refers to citizens who have no residence registration as owners, lease or sublease holders, renters or on any other basis stipulated by Russian law, or who are unable to reside in their place of registration for reasons beyond their control (as defined by Russian Federation standard GOST R 52495-2005, the national standard of the Russian Federation on the terms and definitions of social services, which was ratified by order No. 352 of 30 December 2005 of the Federal Agency for Technical Regulation and Metrology and entered into force on 1 January 2007).
255.Data on “homeless persons” are collected in the course of national population censuses, which, pursuant to a federal act of 25 January 2002, are to be held at least once every 10 years. According to the 2010 census, the number of “homeless persons” was 64,077, a decline of 55 per cent form the figure recorded in the 2002 census (142,559 persons). According to the Russian census methodology, which is based on the United Nations Principles and Recommendations for Population and Housing Censuses, the category of “homeless persons” includes persons who carry their belongings about with them and who have no homes but spend the night in the streets, in empty garrets, in boiler rooms and other random locations. Persons without housing and living in homeless shelters and those in hospitals and other institutions are included in the census category of “population of collective households”. Detailed data on the number and placement of “homeless persons” and their age and gender composition are posted on the website of the Federal State Statistics Service, available at www.gks.ru, under the heading “Censuses and surveys”, in the “Censuses” section.
256.In order to improve the affordability of housing, a family housing programme has been launched in the Russian Federation, under which economic dwellings will be constructed and made available for purchase by citizens at a price of no more than 35,000 roubles per square metre of the total living area.
257.Currently, 70 constituent entities of the Russian Federation are involved in the family housing programme, under which it is planned to commission a total of more than 19.5 million square metres of economic housing.
258.In order to ensure that the demand for housing on the primary housing market is effective - in other words, that prospective buyers can afford the available housing, the Government adopted resolution No. 220 of 13 March 2015, ratifying regulations governing the allocation of subsidies from the federal budget to Russian credit institutions and to the housing mortgage agency, an open joint-stock company, in compensation for lost revenue.
259.The modalities and procedure for the provision of social welfare services involving the allocation of housing are defined by the government authorities of the constituent entities of the Russian Federation.
260.Under article 14 of the Housing Code of the Russian Federation, local authorities have the power to grant social use housing from the municipal housing stock in the prescribed manner and under subsidized rental contracts to poor citizens.
261.Under article 52 of the Housing Code, housing granted under subsidized rental contracts is provided to citizens who have registered on the housing roster with the local authorities at their place of residence. The inclusion of citizens on the housing roster is the responsibility of the local authorities.
262.The federal act on additional social support measures for families with children establishes the entitlement to additional State support for families in the form of maternity (family) lump-sum grants for the birth after 1 January 2007 of second and subsequent children. The possible uses of these funds include improvement of the family’s housing conditions.
263.The rules regarding the use of maternity (family) grants in full or in part for the improvement of housing conditions are set out in government decision No. 862 of 12 December 2007.
264.Maternity (family) grant funds may also be used to defray expenses connected with already constructed (or refurbished) individual dwellings.
265.In the constituent entities of the Russian Federation, additional programmes have been developed with the aim of improving the housing conditions of various categories of citizens, including young families. These programmes are developed by the executive authorities of the constituent entities, taking into account the specific features of the region and the availability of funds in the regional budgets.
266.Chapter 4 of the Town Planning Code of the Russian Federation sets out provisions governing the zoning of urban land through the adoption of land-use and building regulations. Under the provisions of article 81, part 1 (3), of the Code, the federal executive authorities are responsible for monitoring compliance by the authorities of the constituent entities of the Russian Federation and by local authorities with the law on urban construction, and specifically compliance with the procedures stipulated in the law on urban construction for the drafting and ratification of the regulations on land use and development. The Ministry of Construction of the Russian Federation is responsible for overseeing compliance with these rules.
267.Article 19 of the Constitution of the Russian Federation, which enshrines the principle of equality, is not limited to recognition of the principle in its technical, legalistic sense (equality of rights and freedoms), but also establishes the obligation of the State to uphold rights and freedoms for all regardless of physiological, ethnic, cultural, social, political, property-related and other circumstances. The above rights and freedoms apply to all persons under the jurisdiction of the Russian Federation, whether or not they hold citizenship of the Russian Federation.
268.Anti-discriminatory measures are also included in sectoral laws governing the protection of human rights in the areas of education, labour, health care, the courts, social welfare and culture.
269.Russian legislation against all forms of discrimination is constantly being enhanced with the adoption of new laws and regulations and the amendment of legislation already in force.
270.In accordance with article 40 (1-2) of the Russian Constitution, all persons have the right to a home. No one may be arbitrarily deprived of their home.
271.The Constitution of the Russian Federation guarantees the right to health protection and medical care. Medical care is provided free of charge at State and municipal health institutions, and is financed form the corresponding local budget, insurance premiums and other forms of revenue.
272.As stipulated by Federal Act No. 323 of 21 November 2011 on the public health-care system, all persons have the right to necessary medical care, to be provided free of charge in accordance with the programme of State guarantees for the provision of cost-free medical assistance, and also to chargeable medical and other services, including in accordance with voluntary medical insurance schemes.
273.In 2012, Russia ratified the Convention on the Rights of Persons with Disabilities. In order to implement the Convention, Federal Act No. 419 of 1 December 2014 was adopted, amending certain legal provisions of the Russian Federation relating to the social protection of persons with disabilities in connection with the ratification of the Convention on the Rights of Persons with Disabilities. The act lays down the rules on the accessibility of facilities and services for persons with disabilities, in accordance with their specific physical impairments.
274.The act reaffirms the obligation to design, construct and install new facilities and equipment that are fully compliant with the conditions for the accessibility of persons with disabilities. In cases where existing facilities, built long before, cannot immediately be fully adapted to the needs of persons with disabilities, arrangements shall be retained and further specified for the adoption of measures to ensure access for such persons to places where services are provided or, where possible, for the provision of the services at the homes of the disabled persons or the remote provision of the services.
275.The act lays down a number of rules for the introduction of measures to assist persons with disabilities to surmount barriers impeding their access to services, which are based on the best foreign practices. The owners of facilities and operators of services shall be obliged to provide such assistance in their core activities. The act obliges them to identify and remove such barriers and specifies the powers of the State authorities to implement measures to provide the necessary assistance.
276.The act introduces a rule obliging public authorities and their subsidiary organizations to organize training for their staff in the provision of services to persons with disabilities in a manner that is accessible to them, with the provision of the assistance needed to that end.
277.Measures to ensure the affordability of health care and insurance for all members of society, including persons from marginalized groups, are implemented through a wide range of statutory and regulatory enactments and are enshrined in article 41 of the Constitution of the Russian Federation, according to which all persons have the right to health care and medical assistance.
278.Medical care is provided free of charge at State and municipal health facilities, and is financed from the corresponding local budgets, insurance premiums and other forms of revenue. In its article 5 (2), Federal Act No. 323 of 21 November 2011 on the public health-care system in the Russian Federation stipulates that the State shall provide health care for citizens regardless of their property status or other circumstances. Specific procedures for the implementation of the above provisions are set out in Federal Act No. 326 of 29 November 2010 (as revised on 30 December 2015), on compulsory health insurance in the Russian Federation, governing the implementation of the programme of State guarantees of free medical assistance to citizens. The programme consists of a single basic programme which is applied across the entire country, and regional programmes which are drawn up by the regions in accordance with their specific needs.
279.According to article 13 of Federal Act No. 61 of 12 April 2010, on the circulation of medicinal products, medicines may be circulated in the territory of the Russian Federation if they have been registered with the relevant federal executive authority.
280.The designated federal executive body may refuse State registration of a drug on the grounds that the quality and (or) efficiency of the drug submitted for registration had not been confirmed by recorded data or that the risk of harm to human health from the intake of the drug exceeded its effective benefit.
281.Federal Act No. 61 contains provisions prohibiting the use of a drug for medical purposes after the expiration date.
282.The State registration of medical products is based on the results of technical tests, toxicological assays and clinical trials, designed to assess the suitability of the medical products with a view to their classification in accordance with the potential risks of their application, and an analysis of the quality, effectiveness and safety of medical products with a view to their classification in accordance with the potential risks of their application. The examination of the quality, effectiveness and safety of medical products is carried out by the expert institution administered by the registering body. The examination is carried out in stages in accordance with the procedure approved by order No. 1353n of 21 December 2012 of the Ministry of Health.
283.A portal has been set up on the official site of the Russian Ministry of Health, grls.rosminzdrav.ru, which gives access to the State register of drugs for medical use.
284.The monitoring and registration of medical products is the responsibility of the Federal Health Surveillance Service.
285.If the results of monitoring show that the use of a medical product entails a risk or threat to human health or life that outweighs its effectiveness or that the data on a medical product do not tally with the information on that product set out in the instructions on its use, a decision shall be taken to suspend the use of the product, to withdraw its State registration and to remove it from the State register, or to amend the instructions on the use of the product.
286.According to article 69 of the federal act on the public health-care system in the Russian Federation, the right to practise medical activities is accorded to persons who have received a medical or other education in the Russian Federation in accordance with federal State educational standards and who hold a professional certificate of accreditation. Specialist accreditation is granted by an accreditation commission upon conclusion of the specialist’s medical or pharmaceutical professional training programme. The commission meets at least once every five years.
287.Currently, pursuant to order No. 95 of 9 February 2016 of the Ministry of Education and Science of the Russian Federation, ratifying the federal State high education standard adopted on 31 May 2001 for the specialized training field “General medicine (specialist level)”, it is planned as part of the promotion of professional standards to introduce development of an aptitude for teamwork and tolerance towards social, ethnic, religious and cultural differences. The law requires that doctors shall bear social and ethical responsibility for the decisions that they take.
288.Under article 38 of the Constitution of the Russian Federation and article 52 of the federal act on the public health-care system, motherhood is protected in the Russian Federation and encouraged by the State. The aforementioned act includes a section which broadly outlines the fundamental rights of citizens in the area of maternal and child health, including family planning and reproductive health, the right to medical assistance at all stages of pregnancy and childbirth, and also in the postnatal period. Medical assistance in pregnancy and childbirth is provided through the basic programme of State guarantees for the provision of free medical care for citizens of the Russian Federation.
289.Under article 30 of the federal act on the public health-care system in the Russian Federation, the prevention of contagious diseases is the responsibility of public authorities, local authorities, employers, health organizations and voluntary associations, through the development and implementation of a system of legal, economic and social measures designed to prevent the emergence and spread of these diseases and to ensure their early detection. These measures form part of the basic programme of State guarantees for the provision of free medical care to citizens and of the immunization programmes against infectious diseases conducted during nationwide vaccination and immunization campaigns based on epidemiological indicators.
290.Tobacco control measures are set out in the State policy road map on efforts to counter tobacco consumption for the period 2010-2015, ratified by a government order of 23 September 2010. The policy road map includes increases in tax rates primarily for manufacturers and envisages their continued upward revision, ahead of inflation, based on the purchasing power of consumers, and introduces an across-the-board increase in taxes on all tobacco products (smoked and smokeless).
291.In developing the policy road map, Federal Act No. 15 of 23 February 2013 was adopted, on protecting public health from exposure to second-hand smoke and the consequences of tobacco consumption, pursuant to which the following measures are currently being implemented, with a view to reducing tobacco consumption and limiting the spread of tobacco products:
Prohibiting tobacco-related incentives and advertising, and restricting where tobacco products can be sold;
Preventing the sale of tobacco to minors and juveniles;
Allowing the sale of tobacco products in specially designated shops, access to which is barred to minors;
Prohibiting the production, sale and distribution of sweets, chewing gum, toys and other food and non-food items made to look like tobacco products or using the logos or colour schemes of cigarette brands and tobacco companies;
Assigning liability to vendors for the sale of tobacco products to minors;
Establishing liability for violation of the rules of trade in tobacco products, including the sale of individual cigarettes and small packets of cigarettes or the use of cigarette machines;
Banning the handing out of free tobacco products.
292.Implementation of the programme of tobacco-control measures resulted in a 17 per cent drop in tobacco consumption, the first such decrease in the past 25 years.
293.According to the Russian Public Opinion Research Centre, as at April 2015, the majority of the Russian population (66 per cent) were non-smokers. In all, 83 per cent of respondents supported the prohibition of smoking in public places.
294.In order to combat the problem of alcoholism, a State policy road map has been adopted on reducing alcohol abuse and preventing alcoholism among the Russian population for the period up to 2020.
295.Implementation of this policy road map over the period 2009-2014 helped to reduce per capita alcohol consumption in the Russian Federation from 16.8 to 13.6 litres per year for persons over 15 years of age (from 14.3 to 11.4 litres per capita of the population as a whole).
296.Over the same period, from 2011 to 2014, the proportion of strong alcohol in alcohol consumption dropped from 66 to 60 per cent.
297.In order to change alcohol consumption patterns, by reducing the percentage of spirits consumed while significantly reducing the overall level of alcohol consumption, the Russian authorities have made extensive efforts to improve the legal regulations designed to control alcoholism among members of the population.
298.The relevant federal laws have been modified as follows:
The sale of alcoholic drinks, including beer, has been banned in childcare, educational, medical institutions, sports facilities, their surrounding areas, and in cultural facilities;
The retail sale of alcohol products is banned between 11 p.m. and 8 a.m., except in public eating places;
The retail sale of alcohol products, including beer, is banned in non-residential commercial premises, and also in wholesale and retail markets, and at stations and airports (with the exception of the retail sale of alcohol products with an ethanol content of no more than 16.5 per cent, to be undertaken by organizations, and of the retail sale of beer and beer-based beverages, cider, and pear and honey-based liquors by individual entrepreneurs as part of the provision of catering services by such organizations and individual entrepreneurs);
The powers of the authorities of constituent entities are expanded to include the imposition of further limits on the time, conditions and venues for the retail sale of alcohol, including the imposition of a total ban on the retail sale of alcoholic products;
A threshold of minimum prices is introduced for alcohol products and ethyl alcohol.
299.Additional restrictions have been imposed on the advertising of alcohol, including requirements placed on alcohol advertisements and the prohibition of beer advertisements on television
300.Criminal penalties have been introduced for the systematic involvement of minors in the use (drinking) of alcohol and alcohol-containing products.
301.An action plan has been developed and ratified (by government order No. 249 of 26 November 2015) to stabilize the situation and to develop competition on the alcohol market. The action plan provides for a separate plan of measures to reduce alcohol abuse and to prevent alcoholism among members of the population.
302.A total of 3,504 video clips, 57 per cent of them in prime time, have been aired in various regions of the country (Samara, Kemerovo, Irkutsk, Sverdlovsk and Tyumen provinces), as part of a range of measures to raise awareness among citizens of the Russian Federation on the prevention of HIV and viral hepatitis B and C. During this awareness-raising campaign, three particularly popular clips received 1,161,693 views on YouTube.
303.Thanks to the updating of the special thematic website o-spide.ru, the site has had more than 60,000 visitors per month. A consolidated information and communications platform has been set up on the prevention of HIV, AIDS and viral hepatitis B and C.
304.On 24 November 2015, the first forum for specialists in HIV/AIDS prevention and treatment was held and, on 1 December 2015, the National HIV Testing Day was held in Moscow, to mark World AIDS Day.
305.From 10 to 20 May 2016, a nationwide campaign was launched under the slogan “Stop HIV/AIDS”, which included, on 14 May, an open student forum on HIV, attended by thousands of students from all over the country, to draw attention to the problem of HIV and AIDS.
306.Federal Act No. 61 on the circulation of medicinal products stipulates that a list of vital and essential medicinal products (hereinafter the “vital drugs list”) shall be maintained in the form of a list, ratified every year by the Government of the Russian Federation, of drugs for medical use in response to health priorities for the prevention and treatment of diseases, including those which feature among the dominant causes of morbidity in the Russia Federation.
307.The act provides for the government control of drug prices for those drugs on the vital drugs list, through the compulsory State registration of the manufacturers’ maximum selling prices and the stipulation of maximum wholesale and retail mark-ups.
308.The vital drugs list for 2016 includes 646 separate medicinal products, including drugs used for treating and preventing HIV infection and other chronic diseases.
309.The vital drugs list also forms the basis for the compilation of lists of drugs for persons suffering from haemophilia, cystic fibrosis, pituitary dwarfism, Gaucher’s disease, malignant growths of lymphoid, haematogenous and related tissue or multiple sclerosis or who have had who have had organ and (or) tissue transplants, and also of lists of drugs for medical use, including those prescribed by the panels of physicians of medical organizations, provided to citizens at the outpatient stage of medical assistance under the programme of State guarantees for the provision of medical care.
310.Under article 16 of the federal act on the public health-care system in the Russian Federation, the responsibilities of the State authorities of the constituent entities of the Russian Federation in the area of health care shall include the provision to their populations and ensuring the availability of drugs for medical use.
311.By government decision No. 890 of 30 July 1994, on State support for the development of the medical industry and efforts to improve the availability to the population and to health-care institutions of medicines and medical products, it was determined that persons living with HIV and AIDS shall receive all medicines prescribed by a physician free of charge, the cost to be covered by the budgets of the constituent entities of the Russian Federation.
312.Psychiatric care is provided at the voluntary request of individuals and subject to the availability of their informed consent to medical treatment, except in cases specified in Act No. 3185-1 of the Russian Federation of 2 July 1992, on psychiatric care and guarantees of the rights of citizens relating to the administration of such care.
313.Thus, persons suffering from mental disorders may be sectioned in a medical facility that provides mental health care without their consent or without the consent of one of their parents or of another legal representative until a ruling is handed down by a judge, if their psychiatric examination or treatment can only be provided on an inpatient basis, and their mental disorder is serious and if it, first, poses a direct danger to themselves or others, or, second, causes a state of helplessness, in other words, an inability to meet their basic vital needs, or, third, will result in substantial harm to their health as a consequence of their worsening psychiatric state if they are left without psychiatric care.
314.A person sectioned on the above grounds in a medical facility that provides psychiatric care on an inpatient basis shall be subject to compulsory psychiatric certification within 48 hours, to be conducted by the panel of physicians and psychiatrists of the medical institution that reached the decision that hospitalization was justified. In cases where hospitalization is not deemed necessary and the person in question does not wish to remain in the medical facility providing psychiatric care, that person should be discharged forthwith.
315.If hospitalization has been deemed warranted, the relevant finding by the panel of physicians and psychiatrists is to be forwarded within 24 hours to the court with jurisdiction in the place where the psychiatric inpatient facility is located for a decision on whether or not the person is to be retained in the institution.
316.Persons may only be sectioned against their will in such medical facilities for as long as the grounds for their sectioning remain valid. During the first six months, a person involuntarily committed to such a facility shall be examined at least once a month by the facility’s panel of physicians and psychiatrists in order to determine whether the period of confinement should be extended. Where such confinement continues for more than six months, the psychiatric assessment by the panel shall be conducted at least once every six months.
317.After six months of such involuntary confinement, a finding by the panel of physicians and psychiatrists on the need to extend such confinement shall be forwarded by the medical facility providing the psychiatric care to the court with jurisdiction for the area where the facility is located. In accordance with the procedure laid down by Act No. 3185-1 of the Russian Federation of 2 July 1992, the judge may rule in favour of continued confinement. Thereafter, decisions to extend the confinement of patients hospitalized against their will in inpatient medical facilities providing mental health care shall be adopted by the judge on an annual basis.
318.Article 43 of the Constitution guarantees access to free basic general education in State and municipal educational institutions.
319.As stipulated in article 66, part 5, of the federal act on education in the Russian Federation, general education is compulsory at primary, basic and secondary levels.
320.The Russian Federation recognizes the right of persons with disabilities, on an equal basis with others, to education on the basis of equal opportunity without discrimination, at all levels and throughout life.
321.In 2012, a new law on education in the Russian Federation, Federal Act No. 273 of 29 December 2012, was adopted, and this law included for the first time an article on the organization of education for persons with special health needs (art. 79), which stipulates the development of differentiated educational standards and specially adapted educational programmes (carried out both in an inclusive manner, in joint classes with other students, and in separate groups, classes or organizations, and also at home).
322.General secondary education may be obtained in institutions conducting educational activities (through on-site or off-site courses or a mixture of both), or outside such educational organizations (through self-tuition), and also in establishments providing secondary vocational education.
323.Students who have not completed their primary general and (or) basic general education may not proceed to general education courses at the next level. The compulsory requirement for compulsory general secondary education shall remain valid in respect of a given individual until she or he reaches the age of 18, unless she or he has obtained the relevant education at an earlier stage.
324.In accordance with article 43 of the Constitution, the State guarantees free higher education on a competitive basis.
325.The Ministry of Education and Science determines the number of State-funded places in the light of the demographic situation, but without prejudice to the accessibility of higher education per 1,000 school-leavers. Over the past four years, the accessibility of higher education has averaged 56.4 per cent.
326.Since 2013, the Ministry of Education and Science has been applying new principles for the distribution of university admission places tailored to the needs of the Russian economy for highly qualified specialists. These principles were ratified in 2015 by government decision No. 285 of 27 March 2015.
327.Every year the Ministry of Education and Science, together with the Ministry of Foreign Affairs and the Federal Agency for the Commonwealth of Independent States, Compatriots Living Abroad and International Humanitarian Cooperation, drafts the schedule for the admission of foreign citizens to places in Russian educational institutions in accordance with the obligations of the Russian Federation under international treaties, and also in response to the need of foreign countries to have their national specialists trained in the Russian Federation. The admission of foreign nationals to Russian educational establishments to follow secondary vocational courses, courses of higher education and supplementary professional courses, funded from the federal budget, is based on the quotas established by government decision No. 891 of 8 October 2013, on educational quotas. The current quota is 15,000 students per year.
328.Following the admission exercise in 2015, the country’s institutions of higher education admitted 14,587 students within the quota from 151 foreign countries.
329.There are plans in the higher education system in the Russian Federation to create preferential conditions for access to education for persons with disabilities and persons with special health needs. In 2015, in the higher education system, there were 10,325 disabled students studying at 217 educational institutions, 83 per cent of them on on-site courses, 16.2 per cent on off-site courses and 0.8 per cent on a combination of both.
330.An important role in ensuring access to higher education for persons with disabilities and special health needs is played by distance education technologies.
331.To improve the legal and regulatory framework in tertiary education, new provisions have been incorporated in the procedure for the admission to undergraduate programmes, specialist training programmes and master’s programmes, governing the admission to universities of persons with disabilities and special health needs.
332.Guidelines have been drafted and circulated on educational arrangements for persons with disabilities and special health needs in institutions of higher education, including on the necessary educational infrastructure.
333.On the basis of these guidelines, 74 tertiary institutions have developed their own teaching materials, adapting them to the special needs of these students.
334.In addition, internet portals have been set up to provide information and methodological support in the field of inclusive higher education, at the addresses www.wil.ru and www.umcvpo.ru.
335.In order to develop an inclusive educational system, it is planned to set up teaching resource centres specializing in the vocational training of persons with disabilities and special health needs, located at the country’s leading vocational training institutions (85 centres), and a network of teaching resource centres to enable persons with disabilities to be trained at institutions of higher education (40 centres).
336.The Russian Federation has adopted a road map for the promotion of continuing adult education for the period up to 2025, which aims to provide opportunities to enable the adult population of the Russian Federation to realize their right to education in their own lifetime.
337.Education in the official language of the Russian Federation is guaranteed, as is the choice of the medium of instruction and education, within the capabilities of the education system. In State and municipal educational institutions located in the constituent republics of the Russian Federation, the teaching and study of the official languages of those republics may be introduced, in accordance with their local laws.
338.Currently, 34 ethnic languages of the peoples of the Russian Federation are State languages in the respective republics of the Russian Federation and may be used on an equal basis with the Russian language.
339.In the Russian Federation there are some 10,000 general education establishments at which 73 ethnic languages (besides Russian) are studied as separate subjects. In addition, teaching is provided on a permanent basis at 4,196 general education schools in 27 ethnic languages of the Russian Federation.
340.Particular attention is given by the Government to the education of indigenous minorities of the North, Siberia and the Far East.
341.In many regions, access to free higher education is subsidized, support is provided to students from families of indigenous peoples of the North in the form of a monthly grant, the costs of their tertiary education at undergraduate and postgraduate levels are reimbursed, and financial assistance is provided to graduate students from these ethnic groups.
342.According to figures from the 2010 national census, 98 per cent of the members of indigenous minorities of the Russian Federation over 15 years of age are enrolled in general education, 40 per cent have received vocational education, including 12 per cent with higher education and 0.3 per cent at postgraduate level, and only 2 per cent of the members of the indigenous minorities of the Russian Federation lack primary education.
343.As many as 22 languages of indigenous minorities are taught as separate subjects in Russian schools. Since the Second International Decade of the World’s Indigenous People, more than 1,500 handbooks have been published on the languages and literature, history and culture, national and ethnic traditions, and decorative and applied arts of the country’s indigenous minorities.
344.In accordance with article 78 of Federal Act No. 273, foreign citizens and stateless persons enjoy the same rights as citizens of the Russian Federation to receive preschool, primary general, basic general and secondary general education, and also to vocational training under specific job training programmes for blue-collar trades and clerical professions, as part of the curriculum for general secondary education on an openly available basis and free of charge.
345.In this regard, with a view to the realization of the right to education of children, including representatives of the Roma and other ethnic minorities, the local authorities have set in place the necessary social and economic conditions for the provision of such education, and have drawn up a register of all children aged between 6 and 15 years of age and entitled to education, including those who are aliens (or stateless persons), and have taken steps to build the capacity of municipal educational institutions in specific regions.
346.In order to ensure that the individual needs of schoolchildren and students, including those from the Roma population, are met, including through extracurricular activities, social skills and personal development programmes are being carried out in the constituent entities of the Russian Federation, in such areas as sport and fitness, spiritual and moral development, social skills, general knowledge and cultural awareness.
347.Where necessary, children from Roma families that have difficulty coping with basic educational programmes, and with the challenges of personal development and social adaptation, receive psychological, educational, medical and social assistance, in accordance with the requirements of article 42 of Federal Act No. 273.
348.No cases of the segregation of Roma children have been confirmed. In some village schools, so-called “Roma classes” have been established in response to a decision by the parents, taking into account the ethnic traditions and nomadic lifestyle of that nationality, and also to help their children to close the gap in their educational progress as quickly as possible and to be able to join regular classes.
349.For the same reasons, in some educational institutions, distance educational courses have been organized and a combination of on-site and off-site learning.
350.Under the provisions of article 14, part 4, of the federal act, Russian citizens have the right to preschool, primary general and basic general education in their native language, if this is one of the languages of the peoples of the Russian Federation, and also the right to study that native language, subject to the capabilities of the education system, and following the procedure prescribed by the law on education.
351.The exercise of these rights is assured by the creation of the required number of appropriate educational institutions, classes and groups, and of the necessary conditions for their operation. The teaching and study as part of accredited State educational syllabuses of native languages that are included among the languages of the peoples of the Russian Federation is being pursued in conformity with federal State educational standards.
352.The right to take part in cultural life and to enjoy the assets of culture and the right to have access to cultural properties are enshrined in article 44 of the Constitution of the Russian Federation.
353.Over the course of its existence, the Russian State has amassed unique historical experience in the interaction, cross-fertilization and mutual respect of different cultures. In this process, a key and unifying role has been played in the historical consciousness of the multi-ethnic Russian people by the Russian language and the magnificent culture of Russia. This is amply confirmed by the far-reaching Russian cultural heritage, which has been formed in the most diverse areas of culture, art and science.
354.The Russian Federation regards cultural work as one of its national priorities, and recognizes culture as a vital asset in its social and economic development, its quality of life and the harmonization of its social relations, as a precondition for its dynamic social and economic development, and the guarantor of the country’s single, harmonious cultural space.
355.The territorial and social equality of all citizens, including citizens with disabilities, in the exercise of their right of access to cultural assets, to participate in cultural life and to use cultural organizations, and also their artistic freedom, are proclaimed as fundamental tenets of State cultural policy and enshrined in the principles of State cultural policy, as ratified by presidential Decree No. 808 of 24 December 2014. State policy in this area is aimed at creating conditions to enable all persons to realize their creative potential, to uphold their free access to knowledge, information and cultural assets, including through the most up-to-date telecommunications technologies. For the purposes of implementing the aforementioned decree, and pursuant to government order No. 3326-r of 29 February 2016, the Government has adopted the State cultural strategy for the period until 2030.
356.Under the fundamental principles of the law on culture, ratified by decision 3612-1 of 9 October 1992 of the Supreme Council of the Russian Federation, organizational and business activities, including ticketing procedures, are the responsibility of the management of the institutions concerned. In this regard, to ensure affordable access to concerts and theatrical productions in cultural institutions, a system of concessional ticketing for various categories of citizens has been developed.
357.Every year, the Ministry of Culture of the Russian Federation provides support for social projects which include the conduct of charitable activities.
358.Responsibility for providing the necessary conditions for leisure and ensuring that residents can enjoy the services of cultural organizations is assigned to local authorities. They carry out these functions on an independent basis, in accordance with articles 14-16 of the Federal Act on the general principles of local government in the Russian Federation.
359.Film programmes and cinema pricing policies are determined by the cinema organizations on an independent basis, in accordance with their commercial interests.
360.Over the last few years, a project has been under way in the Russian Federation to establish and develop a national electronic library, which will serve as a federal State information system and public electronic library. The library incorporates scientific and educational materials and also classical literature, primarily in Russian, and its 2015 holdings included more than 1.67 million books in the Russian language. Access to these holdings is provided from the reading rooms of libraries participating in the project (6 at federal and 27 at regional levels), through a system of virtual reading rooms, and also on line, via the portal www.neb.rf.
361.In 2015, there were 8,810,478 requests for documents from the national electronic library, compared to 2,479,015 in 2014, 1,940,439 in 2013 and 788,274 in 2012. These data are available on the official site http://www.rsl.ru/ru/s410/nebstat.
362.Under Russian law, the access by persons with disabilities to cultural assets is guaranteed, including those of libraries and museums.
363.The issue of access by citizens to their cultural heritage was taken up in the most substantive way in Federal Act No. 4519 of 1 December 2014, amending certain legal provisions of the Russian Federation relating to the social protection of persons with disabilities in connection with the ratification of the Convention on the Rights of Persons with Disabilities, with a view to setting in place the most favourable conditions for access by persons with disabilities to the cultural properties housed in museums, to cinemas so that they can watch films, and to the holdings of libraries. Currently a bill is under consideration by the State Duma of the Russian Federation, designed to ensure access by persons with disabilities to subtitled films and films with closed captioning.
364.Since 2013, as part of the State programme on accessibility for the period 2011-2020, known as the “Accessible Environment” programme and ratified by government decision No. 1297 of 1 December 2015, the constituent entities of the Russian Federation have been granted subsidies for the co-financing of measures to ensure the accessibility of facilities and services in priority sectors for persons with disabilities and other groups with limited mobility.
365.One such priority sector is that of culture. Under the provisions of the programme, by 2020, the proportion of priority cultural facilities accessible to persons with disabilities and other groups with limited mobility should reach 60.6 per cent of the total number of such facilities. In 2016, an amount of 928.3 million roubles has been earmarked for the co-financing of such activities.
366.The preservation of linguistic diversity is an important task faced by our country.
367.According to the 2010 national census, there are representatives of 193 nationalities living in the Russian Federation, speaking 277 languages and dialects.
368.In recent years, ethnic festivities and other public events, including with the involvement of young people, have come to represent highly important and symbolic elements of ethnic culture for the Russian population and are encouraging a growth of interest in their own traditions and customs and also those of other peoples.
369.In 2015, the Federal Agency for Ethnic Affairs undertook a wide range of activities, including ethnic and cultural camps for young people, an international political forum on the Russian Caucasus, a project on the theme of a multi-ethnic Russia, a debate on community life, activities on the multi-ethnic culture of the Russian Federation, held in the Artek children’s holiday centre, courses in tolerance (16-23 November 2015), the fifth cultural forum on State support for ethnic minorities, and other such events.
370.The special federal programme on strengthening the unity of the Russian nation and the ethnic and cultural development of the peoples of the Russian Federation, for the period 2014-2020, includes targeted measures to support and preserve the indigenous languages of the Russian Federation.
371.Work is under way to maintain a system of continuing vocational education in the arts, along with the introduction of new educational standards in general education schools.
372.Current federal law provides for the possible conduct of secondary vocational courses in the arts which are integrated with basic educational programmes.
373.By order No. 734 of 17 July 2015 of the Ministry of Education and Science, amendments have been made to the procedure for the organization and conduct of educational activities under the basic syllabus at the primary general, basic general and secondary general levels.
374.The approved amendments introduce the possibility of organizing educational activities that are aligned with learners’ educational needs and interests and that ensure a detailed study of specific subjects and subject areas of the corresponding appropriate educational programmes (a form of targeted training), including in the arts.
375.By order No. 507 of 18 May 2015 of the Ministry of Education and Science, amendments have been made in the form of additional staffing and logistical requirements for the delivery of the basic primary general syllabus in educational institutions carrying out integrated programmes in the arts.
376.Measures to protect the right of authors to be recognized as the originators and for the protection of the integrity of their scientific, literary and artistic productions include a legal monopoly over the results of their intellectual activity, which is manifested in their possession of basic property rights in this area - namely, an exclusive right to the results of their intellectual activity and recognition of their personal non-property rights and other rights.
377.The Civil Code of the Russian Federation sets out a list of protected forms of the results of intellectual activity, and designates the author of the results of such intellectual activity as a holder of intellectual rights. The Code further lists the intellectual rights and defines the notion of exclusive intellectual property rights.
378.In accordance with article 1231 of the Civil Code, exclusive rights to the results of intellectual activity and their means of identification, as established by international treaties of the Russian Federation and by the Civil Code, are applicable throughout the Russian Federation.
379.Personal non-property rights and other intellectual rights that are not exclusive shall apply in the territory of the Russian Federation as stipulated in article 2 (4.1) of the Civil Code.
380.For the purpose of announcing their ownership of an exclusive right to a work, the holders of rights are entitled to use a copyright mark.
381.Russian law stipulates measures under both civil and administrative law and criminal law to be taken against those who commit unlawful actions in respect of intellectual property rights.
382.Responsibility, as the court of first instance and the appeal court, for the settlement of disputes related to the protection of intellectual property is assigned to the Intellectual Property Rights Court. The powers of the Intellectual Property Rights Court are laid down by Federal Constitutional Act No. 1 of 28 April 1995.
383.To protect the basic material interests of authors arising from the fruits of their work, and to enable them to enjoy an adequate standard of living, Russian law stipulates that authors shall receive remuneration for the creation and use of the results of their intellectual activity, if such activity serves as their official occupation.
384.The Government has established rates of remuneration for official inventions, official utility models and official industrial designs, and stipulates that such payment shall be guaranteed in the event that no corresponding agreement has been concluded between the employer and the employee setting out arrangements for the payment of such remuneration.
385.Aspects of the protection of traditional knowledge are regulated in the Russian Federation by a number of provisions of federal law.
386.Safeguards of the specific social, economic and cultural development of the indigenous minorities, protection of their native habitat, traditional way of life, livelihoods and crafts are underpinned by federal acts on the following matters:
Areas of traditional resource use of the indigenous minorities of the North, Siberia and the Russian Far East;
Safeguards of the rights of the indigenous minorities of the Russian Federation ;
General principles of organization of the communities of indigenous minorities of the North, Siberia and the Russian Far East, and a number of other such statutes.
387.The rights enshrined by the aforementioned acts relate to the preservation of the cultural properties of these peoples, including their traditional knowledge, rather than to their protection as elements of intellectual property. The same applies to their folklore: the preservation of folklore, the traditional culture of the peoples inhabiting the Russian Federation, including the indigenous and minority peoples, is an integral part of the country’s State cultural policy.
388.A State system of houses and centres of folk art has been set in place, with the Russian State House of Folk Art at its forefront. The houses and centres of folk art serve as branches of the system in all administrative regions of the Russian Federation. The Russian State House of Folk Art is under the direct authority of the Federal Agency for Culture and Cinematography, and its affiliated branches work directly with local folklore collectives and practitioners, giving particular attention to ethnic minorities.
389.A national committee for the preservation of the intangible cultural heritage has been set up and is already hard at work. It is based at the Russian State House of Folk Art and was set up under the auspices of the National Commission for the United Nations Educational, Scientific and Cultural Organization (UNESCO) of the Russian Federation.
390.Under the federal act on folk arts and crafts, the categorization of artefacts as works of folk art shall be based on decisions by the artistic advisory councils in accordance with the list of types of handicraft and categories of works of folk art and craft, to be drawn up and ratified in accordance with the procedure laid down by the Government of the Russian Federation.
391.Many artistic wares are currently being processed and considered as pre-production prototypes, protected under Russian patent law, with particular reference to the model statutes of the artistic advisory council for folk arts and crafts and the rules on the registration of samples of folk arts and crafts of recognized artistic merit.
392.Experience gathered in the review of folk artefacts as pre-production models indicates that the current state of affairs pertaining to the protection of these artefacts is satisfactory.
393.Russian law relating to appellations of origin also provides an indispensable legal framework for the protection of the rights of persons participating in economic activities who are creating artefacts with special characteristics, and is designed to ensure that the State maintains and promotes the development of traditional trades and crafts.
394.The Russian Federation supports a stage-by-stage approach to its system for the protection of traditional knowledge and traditional cultural expressions. In the first stage, work is under way to draft documents providing so-called “soft law”, such as recommendations, model laws and others.
395.Attention is being given to the development of treaty practice in the use of traditional knowledge that is based on prior informed consent and responds to the equitable sharing of benefits arising from the use of traditional knowledge.
396.Steps are being taken to encourage indigenous peoples to codify their knowledge through the preparation of inventories, databases and catalogues, which in turn will contribute to the preservation of traditional knowledge.
397.In order to ensure a proper balance between the effective protection of the moral and material interests of authors, and to enhance the visibility of the achievements of inventors, renewed interest is being taken in design work and inventions and a range of incentives and promotional measures are being developed for the authors of inventions of outstanding public importance which have been put into production.
398.Measures to provide moral and material encouragement include the bestowal of awards and honours on the authors of such inventions, in recognition of their major contribution to technological advances and their many years of fruitful innovative work. Authors in this category are awarded the honorary title of “Merited Inventor of the Russian Federation”. Holders of the honorary title “Merited Inventor of Russian Federation, which is awarded to men with at least 40 years’ professional standing in their occupation, and to women with least 35 years’ such standing, are accorded the status of “Veterans of Labour” with the corresponding entitlements.
399.Russian law guarantees the independence of the creative activities of cultural and artistic institutions; no one is permitted to interfere in their work.
400.Pursuant to article 47, part 3, of the federal act on education, teaching staff shall enjoy the following academic rights and freedoms:
Freedom of instruction, freedom to express their own opinion, freedom from interference with their professional activities;
Freedom to choose and use educationally sound forms, means and methods of instruction and education;
Right to take creative initiatives, to develop and use copyrighted instruction and education programmes and methods forming part of an educational syllabus, a specific subject, course or discipline (module);
Right to choose textbooks, teaching guides and materials and other means of instruction and education in accordance with the educational syllabus and following the procedure prescribed by the law on education;
Right to participate in the development of educational programmes, including curricula, teaching timetables, training course components, courses and disciplines (modules), guidance materials and other elements of educational programmes;
Right to engage in scientific, technical, creative, research and experimental activities, to participate in pilot and international schemes and projects and to promote innovation;
Right to participate in the management of educational establishments, including their boards of governors, in accordance with the charters of such establishments;
Right to participate in the discussion of issues relating to educational establishments, including through their management bodies and public organizations;
Right to form public professional organizations in the forms and manner prescribed by Russian law;
Right of recourse to the commission for the settlement of disputes between parties in educational matters, and other rights.
401.The rights and freedoms outlined above shall be exercised with due respect for the rights and freedoms of other persons involved in the educational arrangements, the requirements of the law of the Russian Federation, and the professional ethics of the teaching staff as enshrined in the local regulatory instruments of the establishment conducting the educational activities (Federal Act, art. 7, part 4).
402.Such undertakings as the creation of scientific data sets, the drafting of electronic research guides, the establishment of specialized scientific networks and systems for collaborative research, and the creation of an analytical information system that maps Russian scientific activities, gathering information on the current direction taken by Russian scientists in their research, are of particular importance not only for the integration of Russian science in the international scientific arena, but also to prevent the use of scientific and technical advances for purposes incompatible with respect for human dignity and human rights.
403.Thus, the analytical information system that maps Russian science is planned to include the regular and automatic updating of a database of scientists and organizations, including performance indicators and statistical analysis of their research activity and providing a basis for the compilation of analytical material on the status of the Russian scientific research and development sector. The Russian scientific mapping system includes data on research and development projects developed from the consolidated State database of scientific and technological research and development over the period from January 2007 to date, along with data on scientific publications drawn over that same period from the Web of Science platform set up by the company Thomson Reuters.
Concluding observations of the Committee on Economic, Social and Cultural Rights
404.Disaggregated data showing the impact of measures to implement the Covenant may be found in the annex to the present report.
405.Information on the activities of the Human Rights Commissioner of the Russian Federation is available on the Commissioner’s official website and other internet sites, and is disseminated in the electronic and print media.
406.There are no legal requirements for complaints of human rights violations, in the event of the exhaustion of domestic remedies, to be referred to the Commissioner.
407.In the Russian Federation, considerable attention is paid to the prevention and countering of corruption.
408.Pursuant to presidential Decree No. 815 of 19 May 2008, on counter-corruption measures, an anti-corruption council that reports directly to the President of the Russian Federation has been set up with the aim of creating a system to combat corruption in the Russian Federation and to eradicate its root causes. The council is chaired by the President of the Russian Federation in person.
409.Every two years since 2008, a national counter-corruption plan has been adopted by the President of the Russian Federation.
410.Concerted efforts are being carried out to create a consolidated legal and regulatory framework for the conduct of measures to suppress corruption.
411.The principal legal instrument that regulates matters in this area is Federal Act No. 273 of 25 December 2008, on countering corruption.
412.Through this act and other statutory and regulatory enactments of the Russian Federation applicable to persons occupying posts in State and municipal service and to other State and municipal employees (hereinafter referred to as “officials”), a system has been set in place of anti-corruption prohibitions, restrictions and obligations and liability established for their violation, and a set of tools has been developed for the monitoring of anti-corruption measures.
413.In order to maintain a harmonized and coherent approach to the prevention of corruption in the public sector, a comparable set of restrictions, prohibitions and obligations has been defined for the employees of public corporations, other organizations established by the Russian Federation under federal laws, and organizations set up to perform the tasks assigned to the federal State authorities (hereinafter referred to as “employees”).
414.Specific regulations have been drawn up governing the due responsibility of officials and employees, and also of other citizens, applying for vacant posts to provide information on their income, expenditure, and property assets and liabilities, and setting out the procedure for the validation and assessing the completeness of such information, and for publishing information on official websites.
415.Federal Act No. 79 of 7 May 2013, prohibiting certain categories of persons from opening and operating accounts (deposits) and from keeping cash and valuables in foreign banks located outside the Russian Federation, and from owning and (or) using foreign financial instruments, prohibits those categories of persons whose activities involve matters affecting the sovereignty and national security of the Russian Federation from holding foreign accounts and securities.
416.The law of the Russian Federation applicable to officials and employees places upon them the obligation to report any attempt to induce them to commit corruption offences and any possible conflict of interest, to take measures to address such conflict, and to report on gifts received in the course of official duties and to ensure their handover to the appropriate branch of the public authority.
417.Under the provisions of Decree No. 1065, special units have been set up in the human resource services of all federal government bodies or officials of those services have been identified with the special responsibility to prevent corruption-related and other offences.
418.Decree No. 1065 recommends that the State authorities of the constituent entities of the Russian Federation and local authorities should establish units of the kind described above.
419.Pursuant to presidential Decree No. 613 of 8 July 2013, on measures to combat corruption, special pages on countering corruption have been created on the official websites of government bodies.
420.These pages contain materials, including figures on income and expenditure by government officials and information for officials on preventing and combating corruption, intended to ensure the transparency of the activities of State bodies to the general public and to raise the awareness of officials about measures to prevent corruption and the need to comply with anti-corruption requirements.
421.Every year, training courses are held on ways of combating corruption as part of the career enhancement programmes for officials at the premises of the Presidential State Academy of the National Economy and Public Administration. Particular attention is given to the training of persons whose official duties include combating corruption in public bodies.
422.In accordance with paragraph 1 of presidential Decree No. 878 of 3 December 2013, the Office of the President of the Russian Federation on Measures to Combat Corruption has been set up within the presidential apparatus of the Russian Federation. One of the main objectives of the Office is to monitor, within the limits of its authority, the implementation of federal constitutional laws, federal acts, and decrees, orders, instructions and directives of the President of the Russian Federation on measures to combat corruption.
423.In the second phase of the implementation of the road map for the sustainable development of the indigenous minorities of the North, Siberia and the Far East of the Russian Federation (ratified by government order No. 1245-r of 28 August 2009), over the period 2012-2015 work continued on the implementation of specific measures to ensure the sustainable development of the peoples of the North, including measures to improve quality of life in areas where these peoples have their traditional habitat and exercise their traditional livelihoods, to promote employment for members of the peoples of the North, to improve their demographic indicators, to establish social infrastructure, to preserve their cultural heritage, and to develop bilateral formats of international cooperation in support of the peoples of the North.
424.Since 2009, interbudgetary transfers have been made from the federal budget to the budgets of those constituent entities of the Russian Federation where the peoples of the North traditionally reside, in support of the economic and social development of those peoples. Over the period 2009-2016 these transfers totalled 2,117 million roubles).
425.The funds are earmarked for the co-funding of activities carried out in areas where the peoples of the North have their traditional habitat and exercise their traditional livelihoods.
426.With the use of these funds, new schools, social amenities and engineering infrastructure have been built in the areas where the peoples traditionally reside and conduct their economic activities; and ethnic cultural activities have been organized with the aim of preserving the traditional culture and promoting the traditional economic activities of the peoples of the North.
427.The road map is also being implemented through the federal special-purpose programme on strengthening the unity of the Russian nation and promoting the ethnic and cultural development of the peoples of the Russian Federation over the period 2014-2020, which has total funding in the order of 7.8 billion roubles.
428.Under the programme, support is provided to regional programmes designed to strengthen civic unity and to harmonize inter-ethnic relations, which include measures to promote the sustainable development of the peoples of the North.
429.In the constituent entities of the Russian Federation where there are concentrations of peoples of the North, regional targeted programmes are being implemented for their support.
430.At the federal and regional levels, support in the form of grants is provided to socially-oriented projects run by voluntary associations of the peoples of the North.
431.Other ways and means of rendering support to the peoples of the North are constantly being explored.
432.Upon the conclusion of the second phase of the road map in 2015, a draft plan of action is being formulated for the implementation of the third and final phase, over the years 2016-2025.
433.The draft plan includes measures to improve the legal and regulatory framework for the protection of the rights, traditional ways of life and native habitat of the indigenous minorities of the Russian Federation, to enhance their quality of life, to create conditions conducive to better demographic indicators of those minorities, to improve their access to educational services tailored to their ethnic and cultural characteristics, to safeguard their cultural heritage, and to develop international cooperation in this domain.
434.During the implementation of the road map, to carry out one of its principal tasks, the Ministry of Regional Development of the Russian Federation developed and duly ratified a methodology for calculating the amount of damage caused to associations of peoples of the North by the economic and other activities conducted by entities of all forms of ownership and individuals in areas where the indigenous minorities of the Russian Federation have their traditional habitat and exercise their traditional livelihoods (order No. 565 of 9 December 2009 of the Ministry of Regional Development).
435.The issue of the formation and use of areas of traditional nature use, which is regulated by Federal Act No. 49 of 7 May 2001, on the areas of traditional nature use of the indigenous minorities of the North, Siberia and the Russian Far East, is one of particular importance for indigenous communities. Currently, more than 500 such areas of traditional nature use have been demarcated in the Russian Federation and accorded regional or local status. Work is currently under way further to improve this federal act.
436.Given the federal structure of the Russian Federation and the specific manner in which social and other programmes are funded through the budgets of the constituent entities of the Federation, arrangements to ensure the enjoyment by people of their economic, social and cultural rights are linked to their permanent or temporary registration. The lack of such registration does not, however, pose an obstacle to employment or access to health-care, social or educational services. A specific procedure has been set in place for such cases.
437.Under article 19 of the Constitution, the State guarantees equal human and civil rights and freedoms to all citizens regardless of their sex, race, ethnic background, language, origin, wealth, official status, place of residence, attitude to religion, convictions, membership of voluntary associations or other circumstances.
438.The government authorities are giving very careful attention to measures to promote the integration of Roma in Russian society.
439.On 31 January 2013, by decision 426p-P44, the Government of the Russian Federation approved a comprehensive plan for the social, economic, ethnic and cultural development of Roma in the Russian Federation over the period 2013-2014.
440.Development of the plan for was a joint effort by interested ministries, civil society organizations, including the Federal National and Cultural Autonomous Association of Roma, and academic institutions.
441.The plan provides for institutional and legal measures, activities in the areas of ethnic and cultural development, education and social welfare, and information and media campaigns to promote the integration of Russian Roma into the country’s community life, including by raising their educational level, promoting their legal awareness and self-employment, preventing juvenile delinquency among Roma and working with representatives of Roma associations. The plan envisages measures for overcoming negative social stereotypes of Roma.
442.In its efforts over the period 2004-2014 to implement the State ethnic policy, and working together with experts, the Ministry of Regional Development developed and duly ratified guidelines for the executive authorities of the constituent entities of the Russian Federation and local authorities in their work with the Roma population (hereinafter referred to as the “guidelines”). The constituent entities of the Russian Federation submit quarterly reports on their implementation of the guidelines.
443.One of the main impediments to the inclusion of the Roma is posed by their low educational levels, compared to the rest of the population, and the lack of motivation by Roma children to complete secondary school. The preliminary results of a survey show that 36 per cent of the respondents have secondary or secondary vocational education, 4 per cent higher education, and the remainder have completed only primary school or have no education at all. At the same time, 67 per cent of respondents reported that, at the current time, their children are attending school.
444.From results of monitoring the situation of the Roma it appears that many Roma children attend school without any knowledge of the Russian language. Accordingly, where necessary, children from Roma families that have difficulty coping with basic educational programmes, and with the challenges of personal development and social adaptation, receive psychological, educational, medical and social assistance, in accordance with the requirements of article 42 of Federal Act No. 273.
445.Analysis of the plan’s implementation in 2013 shows a marked increase in the attention paid to Roma issues by the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and local governments. Various preventive activities with an ethnic, cultural, social and institutional focus were carried out, making it possible to analyse the current state of affairs in areas with concentrations of Roma and the level of provision to these Roma of social, educational and other services, and to establish cooperation with formal and informal Roma community leaders.
446.Concerted steps have been taken to legalize those members of the Roma population who were undocumented, without identity papers, proof of citizenship, and so forth.
447.Such issues as the forced eviction from illegally constructed buildings of both Roma and members of other ethnic groups are decided exclusively on the basis of court decisions that have entered into force.
448.Information is provided in paragraphs 269-272 of the present report.
449.Information is provided in paragraphs 36-40, 275-277, 320-323 and 326-337 of the present report.
450.Information is provided in paragraphs 34-35 of the present report.
451.Under the provisions of article 45, part 1, of the Criminal Code of the Russian Federation, compulsory work, deduction of earnings, restriction of military service, compulsory labour, short-term rigorous detention, service in a disciplinary military unit, deprivation of liberty for a fixed term, life imprisonment, and capital punishment may only be applied as basic penalties. Thus, no punishment may be imposed that takes the form coercive, compulsory or punitive work in combination with the penalty of deprivation of liberty.
452.Information is provided in paragraphs 21-33, 36-40, 84-95 and 160-174 of the present report.
453.Information is provided in paragraphs 90 and 204-209 of the present report.
454.According to the Constitution, labour and human health are protected in the Russian Federation, as a socially responsible State (art. 7); labour is freely provided, all persons have the right to make free use of their aptitudes and to choose their type of occupation and profession (art. 37, part 1); everyone has the right to health care (art. 41, part 1).
455.In establishing the list of industries, jobs and occupations with harmful and (or) dangerous working conditions in which the use of women’s labour is restricted (hereinafter referred to as the “list”), the Government of the Russian Federation was guided by an assessment of working conditions and the extent and consequences of their impact on the body of the working woman and took into account occupational risk factors for women, attributable to the specific effects of certain production factors on their reproductive health, such as general vibrations, the use of hazardous chemicals and other factors; in other words, it acted on the basis of objective criteria, which means that there were no arbitrary restrictions on the use of women’s labour in the jobs on the list and that their right to fair working conditions was guaranteed (Labour Code, art. 2).
456.It should be noted that the list does not include any blanket prohibition of the employment of women in the jobs which it includes. Provided an employer ensures safe working conditions, which must be confirmed by the findings of a special assessment of such conditions, and also by the positive conclusion by the State expert appraisal of working and service conditions prepared by the local office of the State Public Health Inspectorate in that entity of the Russian Federation, the employer is entitled to recruit women to perform the jobs included in the list.
457.The Ministry of Labour has laid plans to update the list, to bring it into line with existing legislation with regard to the specific job titles, and also to the removal of certain jobs and occupations that are no longer applicable in modern industry.
On increasing the flexibility of the quota system
458.On 24 November 2014, amendments were adopted to the federal act on the legal status of foreign nationals in the Russian Federation. The act provides for the rights of legal entities and individual entrepreneurs to recruit foreign nationals who who have entered the Russian Federation under a visa-waiver programme, on the basis of licences (which have replaced the quota system).
459.There is no limit to the number of licences that may be issued.
460.In addition, by its decision No. 800 of 12 September 2013, the Government of the Russian Federation ratified new rules for the preparation of employment proposals for the recruitment of foreign workers who enter the Russian Federation on visas, and for the determination of quotas for the invitation of foreign nationals to the Russian Federation for employment purposes, and also for the issuance of work permits to foreign nationals who enter the Russian Federation on visas.
461.For the purpose of implementing this decision, the Russian Ministry of Labour adopted its order No. 27-n of 23 January 2014, ratifying rules for the determination by the public authorities of the constituent entities of the Russian Federation of needs for the recruitment of foreign workers.
462.Currently, under the enhanced quota system, foreign workers who enter the country under the visa regime may be employed by specific employers who are able to take steps to recruit foreign workers for jobs in accordance with identified skills needs. Over the course of the year, employers were able to apply for quota adjustments, and the average waiting time for a permit to recruit foreign workers was no longer than between two and a half and three months from the time of application.
Social protection of foreign nationals
463.A major incentive to foreign nationals to legalize their employment status in the Russian Federation is the provision of pensions.
464.With a view to upgrading the pension system, Federal Act No. 188, amending certain statutory provisions of the Russian Federation on compulsory social insurance, was adopted on 28 June 2014. The act makes provision for payments to foreign nationals (except for highly qualified professionals) who are temporarily resident in the territory of the Russian Federation, on the first day of their work in the country, regardless of the type of contract (whether under labour or civil law), on which their employment is based, or the duration of the contract.
465.In addition, a new chapter has been added to the Labour Code of the Russian Federation, setting out special provisions regulating the employment of foreign nationals and stateless persons.
466.When an employment contract is being concluded with a foreign national or a stateless person, those persons are obliged to exhibit to their employer a work permit, licence, or temporary or permanent residence permit depending on their administrative and legal status, and also to provide information on those documents in the employment contract.
467.Upon the expiry of the said documents, the employment of foreign workers is to be suspended and, if the documents are cancelled and no new documents issued within a period of one month, the employment contract is to be terminated.
468.To ensure the availability of medical care for foreign citizens temporarily residing in the Russian Federation, foreign citizens and stateless persons are also obliged, when concluding employment contracts, to submit to the employer a voluntary health insurance agreement or policy which is valid for the territory of the Russian Federation.
469.In the absence of such an agreement or policy, medical assistance may be provided on the basis of an agreement concluded between the employer and a medical organization for the provision to foreign workers of fee-based medical services, or a voluntary health insurance agreement or policy purchased for the foreign employee by the employer.
Monitoring of private entities to ensure compliance with fair employment conditions for migrant workers
470.The Federal Labour and Employment Service is responsible for:
State supervision and monitoring of compliance by employers with labour law and other statutory and regulatory enactments, including those relating to foreign nationals, which set out rules of labour law, through a system of checks and surveys, the issuance of binding orders to eliminate violations, reports of administrative offences falling within its jurisdiction, the drafting of other materials and documents on the institution of legal action against perpetrators in accordance with federal laws and other statutory and regulatory enactments of the Russian Federation
Reviewing discrepancies identified in the special assessment of working conditions, disagreements of employees, including foreign employees, with the findings of the special assessment of working conditions at their workplace, and complaints from employers about the acts (or omissions) of the organization conducting the special assessment of working conditions
471.Information is provided in paragraphs 55-59 and 215-222 of the present report.
472.Information is provided in paragraphs 121-129 of the present report.
473.Information is provided in paragraphs 102-119 of the present report.
474.Information is provided in paragraphs 200-203 of the present report.
475.Information is provided in paragraphs 34-35 and 205-209 of the present report.
476.Information is provided in paragraphs 210-214 and 175-194 of the present report.
477.Information is provided in paragraphs 175-194 and 204 of the present report.
478.Through the application of a range of measures, including various forms of guardianship, family-type children’s homes and foster families, the number of orphans recorded in the federal database has dropped by almost one half over the past five years (in 2011, there were 128,000 orphans in the database and, in 2016, 70,000). In 2015, more than 42,000 children were placed in foster families and some 19,000 children placed under provisional guardianship. Furthermore, through the implementation of projects aimed at providing social and psychological assistance to families in difficulty, and the development of crisis centres, it has been possible to reduce the number of abandoned children from 7,000 to 4,000 per year. As a whole, over the last five years there has been a 34 per cent drop in the number of persons deprived of their parental rights and, as a consequence, the number of so-called “social orphans”, or children sent to orphanages while their parents are still alive.
479.Information is provided in paragraphs 215-222 and 55-59 of the present report.
480.Information is provided in paragraphs 262-267 of the present report.
481.In order to improve primary health care, enhancing its availability and quality, including for the rural population, in 2015, the Russian Ministry of Health issued an order requiring medical institutions to set up networks of midwifery clinics and paramedical health units in villages in accordance with their population size and remoteness from other medical facilities.
482.For the provision of primary health care to the inhabitants of sparsely populated and hard-to-reach areas, with populations of fewer than 100 people, it is planned to use ambulatory services, including mobile medical facilities, which will visit the areas at least two times per year.
483.In this process, for the purposes of ensuring the availability of first aid facilities, particular attention is given to village first aid points and their equipment.
484.A range of measures is being carried out for the prevention and treatment of HIV, hepatitis C and tuberculosis infections. This has led, in particular, to a 15 per cent decline in the incidence of tuberculosis, by comparison with 2011. Information on the prevention of HIV/AIDS and hepatitis C is provided in paragraphs 303-312 of the present report.
485.Information on health services in rural areas is provided in paragraphs 482-484 of the present report. Women are able to obtain information on contraception and family planning from the appropriate specialists. Work is carried out in schools on the prevention of infectious diseases.
486.All cases of maltreatment by medical personnel are investigated, and those responsible are held accountable. Judicial decisions are posted on the publicly accessible websites of the courts.
487.Information is provided in paragraphs 320-338 of the present report, and also in the responses to paragraph 9 of the concluding observations.
488.The statutory and regulatory enactments in the field of education, described in paragraphs 330-333 above, are binding throughout the Russian Federation, including in the territory of those constituent entities that form part of the North Caucasus Federal Area. The preschool education system covers 380,736 children and there are 3,285 educational institutions working in the basic general education system, attended by a total of 1,173,417 children.
489.Information is provided in paragraphs 364-367 and 387-389 of the present report.
490.The question of acceding to the Optional Protocol of 10 December 2008 to the International Covenant on Economic, Social and Cultural Rights is currently being studied by the competent authorities of the Russian Federation. A decision on this issue will be taken on the basis of objective analysis in the manner prescribed by law.
491.The Russian Constitution guarantees the equality of human and civil rights and freedoms regardless of sex, race, ethnic background, language, origin, wealth, official status, place of residence, attitude to religion, beliefs, membership of voluntary associations or other circumstances. In the Russian Federation there may be no discrimination on any grounds, including sexual orientation. The qualifications and occupational skills of employees are the main criterion employed in hiring them for jobs. All citizens have equal access to health services and education.
492.Through the implementation of measures to guarantee the right to health, it has been possible to improve a large number of indicators. Thus, life expectancy for men rose from 58.7 years in 2005 to 65.9 years in 2015 and, for women, from 72.4 to 76.7 years over the same period. Infant mortality has declined to 6.5 deaths per 1,000 live births (12.2 per cent), compared to 7.4 deaths per 1,000 live births in 2014. Maternal mortality has decreased by 30 per cent compared to 2011. There has been a decline in overall morbidity from infectious diseases, mental disorders, eye and ear infections, and respiratory and skin problems and injury rates have also dropped.
493.The Russian Ministry of Foreign Affairs, within the limits of its competence, regularly provides international intergovernmental organizations and monitoring mechanisms in the field of human rights with objective information on measures taken by the Russian Federation to promote and protect economic, social and cultural rights and to improve the work of State institutions in this area. In the performance of this task, the Ministry relies on information made available by the competent federal authorities responsible for direct implementation of specific commitments pursuant upon the International Covenant on Economic, Social and Cultural Rights, and also arising from other treaties of United Nations specialized agencies and other organizations in this area.
494.Information on the concluding observations of the Committee following its consideration of the periodic reports of the Russian Federation, and on its general comments and views on individual cases is shared with all interested federal executive and judicial authorities. This information is also published, including in the reviews of legislation and jurisprudence of the Supreme Court and in the journal Rossiiskoe pravosudie (Russian Justice).
495.Information is posted on the website of the Russian Ministry of Foreign Affairs (http://www.mid.ru) on the submission by the Russian Federation of its reports on implementation of the international human rights treaties to which the Russian Federation is a party, and on their consideration by the human rights treaty bodies (a list of the treaties and agreements to which Russia is a party may be found on the “International agreements” page of the Ministry’s website: http://www.mid.ru/bdomp/ spm_md.nsf).
496.During the preparation of the sixth periodic report of the Russian Federation on its implementation of the Covenant, information received from various non-governmental organizations on issues related to the observance of the Covenant’s provisions was duly taken into account.
497.In accordance with the Committee’s recommendations, a draft updated core document for the Russian Federation is currently being finalized through an interdepartmental process, to ensure that it reflects contemporary political and legal realities.