Liability for violation of Law on the Continental Shelf and Law on the EEZ
Criminal Code of the Russian Federation was amended by Federal Law No. 46�‛FZ of April 9, 2007. Amendments introduced to articles 11, 252 and 253 were intended to make criminal legislation corresponding with the United Nations Convention on the Law of the Sea of 1982 (ratified by Russian Federation on 12 March 1997), Federal Law on the Continental Shelf of the Russian Federation of 1995 and Federal Law on the exclusive economic zone of the Russian Federation of 1998.
Article 11 provides that any person who has committed a crime in the territory of the Russian Federation shall be brought to criminal responsibility under Russian Criminal Code. Amendments stipulate that crimes committed within the limits of the territorial sea or the air space of the Russian Federation shall be deemed to have been performed in the territory of the Russian Federation. The validity of Russian Criminal Code is also extended to offences committed on the continental shelf and in the exclusive economic zone of the Russian Federation.Article 253 provides liability for (1) contravention of the laws of the Russian Federation on the Continental Shelf and on the Exclusive Economic Zone of the Russian Federation. Amendments stipulate that illegal erection of artificial islands, installations and structures on the continental shelf of the Russian Federation, illegal creation of security zones around them or in the Russian EEZ, and likewise contravention of the rules for building, operating, protecting, and dismantling erected artificial islands, installations and structures and safety facilities of marine navigation shall be punishable; (2) investigation, exploration, and development of the natural resources of the continental shelf of the Russian Federation or of the Russian EEZ, without relevant permits.
Federal Law on the Continental Shelf provides liability to administrative or criminal proceedings for physical and juridical persons found guilty of conducting geological studies of the continental shelf or resource or marine scientific research without a permit or in violation of the established rules; conducting unlawful regional geological studies of the continental shelf, the prospecting, exploration or exploitation of mineral resources or the harvesting of living resources, or violating the rules for such activities established by Federal Law on the Continental Shelf or the international treaties of the Russian Federation; transferring mineral or living resources to foreign States or their physical or legal persons, unless such action is permitted by the licence (permit); violation of existing standards (rules and regulations) for the safe conduct of the prospecting, exploration and exploitation of mineral resources or the harvesting of living resources, or violation of the requirements of the protection of mineral and living resources; violations causing impairment of the conditions of reproduction of the living resources of the continental shelf; violations accompanied by obstruction of the lawful activities of officials of the protection bodies; unlawful dumping of wastes and other materials; causing pollution by drilling; unlawful erection of artificial islands, installations and structures on the continental shelf; unlawful laying of submarine cables and pipelines used for the exploration and exploitation of mineral resources, or violation of the rules and conditions for extension of submarine cables and pipelines into the territory of the Russian Federation; failure to equip artificial islands, installations and structures on the continental shelf with permanent devices for warning of their presence, or violation of the rules concerning the maintenance of such devices in good repair or the rules for removal of installations and structures whose exploitation is terminated, or violation of other provisions of Federal Law on the Continental Shelf or the international treaties of the Russian Federation, or obstruction of lawful forms of activity on the continental shelf.
Federal Law on the Exclusive Economic Zone of the Russian Federation provides liability for officials of federal executive bodies who are responsible for issuing, beyond the limits of their competence, licences (permits) for the exploration and commercial exploitation of living resources, the exploration and exploitation of non-living resources, the conduct of natural resource research or marine scientific research, the discharge of harmful substances or the dumping of wastes and other matter from ships, aircraft, artificial islands, installations and structures in the exclusive economic zone; failure to comply with the conditions and procedure for the issuance of licences (permits) within the limits of their competence, or arbitrarily changing the terms of licences (permits) which have been issued.
Nationals and juridical persons, under the Law on the EEZ, shall be prosecuted for the illegal exploration and commercial exploitation of living resources, the prospecting, exploration or exploitation of non-living resources, or violations of the regulations relating to this activity established by this Federal Act or the international treaties to which the Russian Federation is a party; the transfer of living or non-living resources to foreign States, foreign nationals or foreign juridical persons, unless envisaged in the licence (permit); violation of the conditions for the commercial exploitation of living resources envisaged in the licence (permit) and/or the international treaties to which the Russian Federation is a party or violation of the existing standards (rules, regulations) for the safe prospecting, exploration and exploitation of non-living resources, or of the requirements for protecting the marine environment and living and non-living resources; violations which have caused a deterioration of the conditions for the reproduction of living resources; the conduct of natural resource research or marine scientific research without a permit or in violation of the conditions and established regulations; the pollution of the marine environment from ships, aircraft, artificial islands, installations or structures; violations accompanied by hindering the legitimate activities of the officials of protection agencies; the obstruction of legitimate types of activity in the exclusive economic zone, and also violations of the Law on the EEZ or the international treaties to which the Russian Federation is a party. The criminality of a deed, and also its punishability and other legal consequences shall be determined by the Criminal Code alone. The application of a criminal law by analogy shall not be allowed. The correspondence of Criminal Code with lex specialis strengthen the principle of legality.