Cosmonaut’s Legal Status: Brief Professional Commentary
Правовой статус космонавта: краткий профессиональный комментарий
2019-03-14
SCID: 54.1/7k76pgr7
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Russian Federation Regulation on Cosmonautscosmonaut legal statuscosmonaut rights and obligationsmanned spaceflight lawmodel space mission contract
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Abstract (AI)
For the first time ever, the status of a cosmonaut of the Russian Fede-ration shall be treated not only through the review of the legislation or a separate regulatory act but also through the summarization of practical activity in the area of manned cosmonautics.The history of shaping a legal status of a cosmonaut has started since 1960. Over the first two decades of manned cosmonautics, four Regulations on cosmonauts of the USSR have been introduced and refined. However, for a quarter of a century in the Russian Federation, the practical space activities have been running without any instrument regulating the legal status of a cosmonaut. During the period 1992–2017, the preparation of the Regulation on cosmonauts in the Russian Federation was facing serious obstacles.The Regulation on cosmonauts of the Russian Federation approved by the Russian Government in 2017 has significant drawbacks and gaps. A list of challenges of the legal status of a cosmonaut to be addressed is provided. It is expected to supplement the Regulation on cosmonauts by new standards pertaining cosmonaut’s rights and obligations based upon space expertise.It is proposed to define the concept "cosmonaut" and cosmonaut’s job descri-ption using four components: speciality "cosmonaut", qualification "cosmonaut", position "cosmonaut" and profession "cosmonaut". Such approach differs from the logic of the applicable Regulation on cosmonauts 2017 where the cosmonaut’s job description shall be treated as a synonym of the cosmonaut’s professional activity.The need for availability of a Model Contract for execution of manned space mission and Model Contract for preparation to execution of manned space mission is rationalized; its content is provided in sufficient detail.It is proposed to introduce an international dimension into the legal status of a cosmonaut, and in doing so not only to use the whole array of rights and privileges of cosmonauts stipulated by the international law, but also to empower a cosmonaut to act as a representative of the State both at the overseas or international manned space object.The new regulatory acts, the need for which is given rationale in the article, will contribute to bridging gaps of legal regulation in the area of space missions in Russia between the western expertise and national practice of manned cosmonautics.
Key Findings
1
It justifies model contracts for crewed-spaceflight missions and their preparation, and recommends incorporating international rights and privileges into cosmonauts’ legal status.
2
Russian human-spaceflight activities operated without a dedicated cosmonaut-status regulation for approximately 25 years, from 1992 to 2017.
3
The 2017 Russian Regulation on Cosmonauts contains significant shortcomings and gaps, requiring additional standards on cosmonauts’ rights and obligations.
4
The paper evaluates the Russian cosmonaut’s legal status by combining legislative analysis with practical experience in human spaceflight.
5
The paper proposes defining “cosmonaut” through four components: specialty, qualification, position, and profession, rather than equating the job description with professional activity.
Research Object
Legal status of a cosmonaut of the Russian Federation
Research Subject
the regulatory framework, rights and obligations, professional classification, contractual arrangements, and international-law dimensions of a Russian cosmonaut’s legal status
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2019-03-14
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