DRAFT OF THE FEDERAL LAW

As reported earlier, on the 26th of October 2010 the deputy head of the State Duma on science and scientific technologies Igor Igoshin introduced a draft law determining the status of plant genetic resources collections.

At the present time the Land Code of the Russian Federation comprises a term: «lands of the specially protected territories and facilities».

NOTE: According to p. 2 of the article 94 of the Land Code «specially valuable lands, not belonging to lands of the specially protected natural territories, to protected natural lands, recreational and historically valuable lands, are comprised to lands of specially protected territories fully or partially withdrawn from economic utilization and circulation with a special legal regime in accordance with resolutions of the federal government authorities, federal government authorities of subjects of the Russian Federation or decisions of local government authorities. The composition of lands classified as specially valuable is determined in accordance with the Land Code as well as federal laws.

However, as practice shows, it is not always possible to protect lands with plant genetic resources. The conveyance of plots occupied with the Pavlovsk Experiment Station of VIR to the ownership of the RZHS has revealed gaps in Russian legislation, what could result in the loss of Europe's largest genebank of fruit and berry crops. In this regard the Government of the Russian Federation was offered to make an addendum to the paragraph 1 of the article 100 "most valuable lands" as follows:

“1. most valuable lands comprise lands with natural sites and cultural heritage sites of special scientific, historical and cultural value (typical or rare landscapes, cultural landscapes, communities of animals and plant organisms (including collections of plants used for scientific purposes), rare geological formations, land plots intended for research institutes activities”.

On the 15th of November 2010 the State Duma Council considered the proposal introduced by Igor Igoshin and took the following conclusions:

1. to send a draft law to the President of Russia, to the commission, committees and fractions of the State Duma, the Council of the Federation, to the Russian government, Russian Public Chamber as well as legislative and supreme executive authorities of subjects of the Russian Federation for preparation of reviews, suggestions and comments.
2. the State Duma committee on construction and land affairs in conjunction with the committee on natural resources and environment as well as the property committee have to prepare a draft law taking into account reviews, suggestions and comments.
3. to include the draft law to the preliminary work program of the State Duma for February 2011.

At the present time the draft law was sent to the Prime Minister V. Putin, the Chairman of the State Duma B. Gryzlov, the Minister of agriculture E. Skrynnik.
Taking into account the fact that VIR developed a Model law on plant genetic resources which was adopted at the thirty-third plenary session of the

Interparliamentary Assembly of CIS countries and approved by the Chairman of the Assembly S.  Mironov on the 3rd of December 2009, the Institute will actively participate in the preparation of the federal law "on plant genetic resources".