Space is not just exciting and beautiful but a profitable business. Today, the world is on the verge of a new era of space business. A few years ago, no one even thought that as early as in 2020, space industry in Ukraine would be not only the state prerogative but also private business.
For example, the Law “On Amendments to Certain Laws of Ukraine on State Regulation of Space Activity” No. 143-IX, which came into force on 29 January 2020, expanded the range of space industry entities. Now, private space companies will be able to engage in space industry, to carry out space exploration, use outer space, develop, manufacture, repair and provide maintenance, carry out tests, operation, management of space industry objects (including units and components), launch and return spacecraft and their constituents from outer space to Earth.
Today, Ukraine's space industry faces several challenges caused by the lack of a clear space activity mechanism. According to Part 1 of Art. 13 of the Law "On Space Activity", spacecraft, such as artificial Earth satellites, automatic interplanetary stations, automatic or manned spacecraft, orbital stations, rovers, etc., are subject to mandatory state registration in the State Register of Spacecraft under the Rules for the Registration of Spacecraft in Ukraine, approved by the Cabinet of Ministers. The law was passed in 1996, but no relevant Rules have been drafted yet, and as a result, it has not been determined the entity, term and form of submission of information about the spacecraft to the State Space Agency, which is required to register the spacecraft and maintain the State Register of Spacecraft. In pursuance of Art. 13 of the above law, as well as the Registration Convention dated 14 January 1975 (entered into force on 14 September 1977), the State Space Agency developed a draft resolution of the Cabinet of Ministers "On Approval of the Spacecraft Registration Rules of Ukraine”.
Spacecraft Registration – Another Formality or Necessity?
The registration of spacecraft should be carried out not only in compliance with the law "On Space Activity", but also in line with international commitments. The main purpose of the registration is to secure the legal connection between the spacecraft (object) launched into outer space and the state launching and registering that spacecraft (object) to maintain the jurisdiction and control of that state over such a spacecraft (object), providing the possibility of returning the spacecraft (object) to the owner. At the same time, registration is also important to determine which state will be responsible for particular space activity and possible liability for damage caused by such a spacecraft (object).
Are all spacecraft subject to registration?
According to the draft resolution of the Cabinet of Ministers “On Approval of the Regulations for the Registration of Spacecraft of Ukraine”, registration is mandatory to:
- spacecraft (object) developed in whole or in part at the expense of the state budget, unless otherwise specified in an international treaty;
- private-owned spacecraft (object) of a business entity of Ukraine is registered in the State Register if:
a) Ukraine is the only state to launch a spacecraft (object);
b) in the international treaty Ukraine is designated as the state of registration of a spacecraft. If, by the Registration Convention, there are two or more States launching spacecraft (object), and one of which is Ukraine, the state of registration is governed by an international treaty for launching a spacecraft (object).
Therefore, as a general rule, businesses, institutions, and organizations of any form of ownership and legal form involved in the purchase, production, operation of spacecraft must register the spacecraft. However, part 1 of Art. 13 of the Law "On Space Activity" provides that if the spacecraft is created jointly with legal entities of other states or international organizations or for other states, foreign economic entities or international organizations, then the issue of registration is determined subject to the international treaties.
Why do the Rules not comply with applicable law?
The rules for the registration of spacecraft should clearly state the procedure for applying to the State Space Agency, form, registration procedure, etc. Instead, we have a project that leaves many questions.
The draft Rules state that the registration of spacecraft (objects) is provided by the State Space Agency by mail or through the Unified State Portal of Administrative Services. Thus, the registration of spacecraft (objects) is an administrative service within the meaning of the Law “On Administrative Services”. Part 1 of Art. 5 of this law provides that only the laws governing public relations for the provision of administrative services establish:
1) the name of the administrative service and the grounds for its receipt;
2) the entity providing the administrative service and its authority;
3) the list and requirements for the documents required for receiving the administrative service;
4) payment or voluntary provision of administrative services;
5) deadline for providing administrative services;
6) a list of grounds for a refusal to provide administrative services.
Instead, the law “On Space Activity” does not envisage any of the above. Even in the draft Rules, there is no mention of grounds for denying registration, no clear list and requirements for the necessary set of documents, or at least a mere reference to the law that has to contain relevant provisions.
Therefore, the legislator did not align the provisions of the Law "On Space Activity" to the provisions of the Law "On Administrative Services".
Where to apply and what documents to submit?
The draft Rules establish that the owner of the spacecraft, six months prior to the scheduled launch, sends to State Space Agency a letter stating the launch date, site (spaceport) and the vehicle. A copy of the international treaty regarding the launch and information about the operator of the spacecraft is attached. The spacecraft operator is an entity that operates it and receives information from it.
Within seven working days, the State Space Agency examines the received materials and informs the owner about any legal grounds for putting the spacecraft in the State Register.
However, the question is why a letter and not, say, a statement should be submitted to the State Space Agency? What are the requirements for such a letter? The Rules do not comply with the law "On Administrative Services", namely Article 9, which establishes rules for receiving administrative services. Thus, Article 9 (4) of the Law provides that an application for administrative service should be submitted in writing, orally or electronically. The spacecraft registration is an administrative service. That is, filing a statement would be more relevant.
In addition, the draft Rule states that the State Space Agency registers a spacecraft. However, the legislator does not applies a separate concept of "space object". Article 13 of the Law "On Space Activity" provides for the development of Rules for the spacecraft registration in Ukraine, and not spacecraft, and the law refers to registration of spacecraft and space objects (information about the latter must be entered in a separate register, the State Register of Unique Objects of Space Activity, accordingly other rules are required). What is meant by the concept of "space object"?
The draft Rules state that in the case of legal grounds for entry into the State Register of the spacecraft (object), its owner within five days after the spacecraft is put into orbit submits a form to the State Space Agency according to the form prescribed by the Rules. Within five working days from the receipt of the form, State Space Agency enters information about the spacecraft (object), assigns it a registration number and issues to the owner. Registration is free of charge.
This entails more questions. Are a form and legal grounds enough for registration? Should other documents be submitted? When should the registration be made: before or after the launch, as soon as the owner applies to State Space Agency of Ukraine according to the prescribed form? It is not stipulated for in the draft Rules. It would be more sensible to first register a spacecraft and then launch it.
Validity of registration certificate
The validity of the registration certificate is unlimited. In case of the removal of the spacecraft (object) from the State Register, the certificate becomes invalid accordingly. The loss of validity of the certificate occurs, in particular, in the event of the physical destruction of the spacecraft or its transfer to another state, international or foreign enterprise, institution or organization.
In case of change of the information entered in the State Register concerning the respective spacecraft, the owner of the spacecraft must notify the State Space Agency of such changes in writing. The draft Rules do not specify the form of application of the owner to the State Space Agency.
The Draft Rules provide that in case of changes to the State Register regarding the corresponding spacecraft, the previous certificate lose its validity, of which State Space Agency notifies the owner in writing and issues a new registration certificate.
Should international organizations be informed about spacecraft registration?
The draft Rules state that, upon registration, State Space Agency transmits registration notice through diplomatic channels in the name of the UN Secretary-General. In the event of change of the information entered in the State Register or the removal of the spacecraft from the State Register, the State Space Agency of Ukraine shall notify the UN Secretary-General.
Therefore, the preparation of the draft resolution of the Cabinet of Ministers “On Approval of the Regulations for the Registration of Spacecraft of Ukraine” is an important step towards the harmonization of national space law with the legislation of the leading space countries in terms of creating the conditions for the registration of spacecraft in Ukraine. However, the draft Rules contain numerous shortcomings, do not provide for a clear registration mechanism, and do not meet the requirements of the current legislation of Ukraine. Therefore, the draft Rules require serious revision to ensure that in future the space operators will not face problems with the spacecraft registration. Finally, it is necessary to amend the law "On Space Activities" with the provisions on spacecraft registration, and align it with the law of Ukraine "On Administrative Services".
