On Foreign Intelligence

Original Language Title: О внешней разведке

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Spconsumed by Federal Law } N 5-FZ A A C O ' N On Foreign Intelligence This Law defines the status, the basis for the organization and functioning of the external intelligence of the Russian Federation, The procedure for monitoring and oversight of its activities. P E L I GENERAL PROVISIONS Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The use of methods and tools defined by this Act. Article 2. Intelligence Intelligence activities are carried out by specially created organs of external intelligence through: Comforting and processing information about of the real and potential interests of the Russian Federation, the actions, plans and intentions of foreign States, organizations and individuals (hereinafter referred to as intelligence); implementation of measures taken by the State to ensure the THE RUSSIAN FEDERATION The need to conduct intelligence activities is determined by the supreme legislative and executive authorities of the Russian Federation, based on the impossibility or expediency of ensuring the security of the Russian Federation. Other ways. Article 3. The legal basis for intelligence activities The legal basis for intelligence activities is the Constitution of the Russian Federation-Russia, this Law and other legislative acts of the Russian Federation relating to foreign intelligence. " The organs of foreign intelligence shall, within the limits of their competence and in accordance with the legislation of the Russian Federation, issue regulations governing their activities. Article 4. Intelligence principles Intelligence activities are conducted on the basis of principles: separation of powers of state security agencies; rule of law; of the rights and freedoms of the individual; and the supervision and accountability of the highest legislative and executive organs of the Russian Federation. Article 5. The purpose of the intelligence activity The purpose of intelligence activities is: to provide the highest legislative and executive authorities of the Russian Federation with the intelligence necessary for them to do so. Political, economic, defence, scientific, technological and environmental decisions; enabling the successful implementation of the Russian Federation's security policy; Development, and the scientific and technological progress of the country by the organs of external intelligence of economic, scientific and technical information, including in the public form, and by providing it to the State organs of the Russian Federation, as defined by the President of the Russian Federation. Intelligence activities may not be carried out in order to achieve inhuman purposes and to achieve the objectives not covered by this Law. Article 6. The powers of external intelligence To achieve the objectives of the intelligence activities of the foreign intelligence of the Russian Federation, the following powers are granted: by the consenting persons; implementing measures to encrypt the personnel and to organize its activities using a different departmental identity; the identity of the personnel of the staff, Organizational affiliations of units, organizations, premises and vehicles of foreign intelligence; liaison with the counterintelligence agencies of the Russian Federation; OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation The access to information of State secrecy; interaction with intelligence and counterintelligence services of foreign States in the manner prescribed by this Law; Establishment of specialized educational institutions, training institutions, research organizations, information systems and archives, production of special publications; self-security; Creating organizational structures (units and organizations), necessary for the functioning of external intelligence bodies. Article 7. The financing and logistics of the external intelligence agencies are financed from the federal budget of the Russian Federation. Draft budgets for the maintenance of external intelligence organs are considered by the permanent commissions of the chambers and committees of the Supreme Soviet of the Russian Federation, as defined by the Supreme Soviet of the Russian Federation, and approved in closed session OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation centralizes the logistics of the external intelligence agencies. Article 8. Protection of information about external intelligence A person who is permitted to be informed of external intelligence agencies is in the process of authorizing the admission to information constituting a state or other specially protected secret, if the other The procedure is not provided for by the laws of the Russian Federation. This procedure includes the obligation not to disclose this information. A breach of this obligation shall entail a liability established by law. The archives of the archives of the foreign intelligence agencies, which represent historical and scientific value, declassiable in accordance with the legislation of the Russian Federation, are transferred to the State Archives of the Russian Federation. Materials of external intelligence organs containing information on their personnel, persons providing (who provided) confidential assistance to foreign intelligence organs used by these bodies in methods and means are kept in archives the foreign intelligence agencies. Article 9. Communication of external intelligence agencies with the public Russian Federation To inform the public about its activities, external intelligence agencies, their employees communicate with public organizations and funds OF THE PRESIDENT OF THE RUSSIAN FEDERATION The materials provided to the media on the activities of the foreign intelligence agencies of the Russian Federation should not contain information constituting a State or other specially protected secret. It is not possible to disclose information affecting the private life, honour and dignity of citizens who have become known to external intelligence agencies in their activities, except in the cases provided for by law. In order to prevent the possible use of the mass media to reveal information about foreign intelligence bodies that make up a State or other specially protected secret, the authors of prepared for The publication of the external intelligence or the media receiving these materials has the right to apply for expert advice to the relevant external intelligence agencies, which should, in this case, determine whether or not there is a of information and to submit such a conclusion to the author or the remedy information. Publication by mass media of foreign intelligence material not directed to expert opinion or containing information constituting a state or other specially protected law The secrecy that led to their disclosure and the infliction of moral or material damage to foreign intelligence organs and their employees entails criminal and civil liability under the law. P E L II EXTERNAL PRODUCT ORGANIZATION Article 10. The formation of external intelligence units Intelligence activities are carried out separately and in the structure of other ministries and departments of foreign intelligence agencies. The creation, reorganization and abolition of an independent foreign intelligence agency is carried out in accordance with the procedure established by the law regulating the formation of ministries and departments. The decision on the creation, reorganization and abolition of the foreign intelligence agency within the ministry or department is made by the President of the Russian Federation on the proposal of the head of the relevant ministry, department. The President of the Russian Federation approves the provisions of the independent foreign intelligence agency, as well as the ministry and agency, which includes the external intelligence agency. Article 11. The scope of activity of foreign intelligence agencies Intelligence activities are carried out by: Foreign Intelligence Service of the Russian Federation-in the political, economic, scientific-technical, environmental spheres, as well as in the sphere OF THE PRESIDENT OF THE RUSSIAN FEDERATION Ministry of Foreign Intelligence OF THE PRESIDENT OF THE RUSSIAN FEDERATION encrypted, classified, and other types of special communication. Article 12. The President of the Russian Federation is the head of the Foreign Intelligence Organs of the Russian Federation. President of the Russian Federation: defines a strategy for intelligence activities together with the Supreme Soviet of the Russian Federation; oversees and coordinates the activities of foreign intelligence agencies; receives, within the limits of the competence of the law, decisions on matters relating to foreign intelligence; appoints the heads of independent foreign intelligence agencies of the Russian Federation; relevant ministries and departments The heads of the foreign intelligence agencies of these ministries and departments. Article 13. Intelligence methods and means In the intelligence process, external intelligence agencies may use both vowels and unspoken methods and means, the specific nature of which is determined by the terms of this activity. The methods and means of intelligence must not harm the lives and health of the people and the environment. " The use of methods and means of intelligence in the case of citizens of the Russian Federation is not permitted in the territory of the Russian Federation. Foreign intelligence agencies have the right to use information systems, video and audio recordings, film and photography, and the removal of information from technical communication channels, as well as other methods and techniques, to achieve the objectives of intelligence activities. The Conference of the States parties to the Convention on the Rights of the The rules governing the use of secret methods and means of intelligence are determined by the regulatory acts of an independent foreign intelligence agency or a ministry, an agency of which the external intelligence agency is a member. These acts shall be accepted by them, in accordance with the competence of the committees of the Supreme Soviet of the Russian Federation, as defined by the Supreme Soviet of the Russian Federation. The content of regulations on the use of covert methods and means of intelligence is a State secret. Protection is carried out by foreign intelligence agencies in accordance with the Law of the Russian Federation Russian Federation " Article 14. The provision of intelligence information Intelligence information is provided to the Supreme Soviet of the Russian Federation, the President of the Russian Federation and the State bodies they define. Heads of external intelligence agencies are responsible to the supreme legislative and executive bodies of the Russian Federation for the reliability, objectivity and timeliness of its provision. Leaders and other officials of bodies who have obtained the said intelligence information, as well as the people's deputies of the Russian Federation to whom it is granted, shall be liable under the law for unlawful conduct. Disclosure of information contained therein, which constitute State secrets or sources for the acquisition of the said information. Article 15. Principles and forms of interaction between organs external intelligence, external intelligence agencies with Russian Federation counter-intelligence agencies, and intelligence and counterintelligence State Principles and forms of interaction between foreign intelligence agencies and foreign intelligence agencies with counterintelligence agencies of the Russian Federation are determined by law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Don't. The relations of foreign intelligence agencies of the Russian Federation with the intelligence and counterintelligence services of foreign states are established on the basis of bilateral (multilateral) interstate agreements. Article 16. The relations of foreign intelligence agencies with ministries, departments, agencies, enterprises and organizations of the Russian Federation Ministry and agencies of the Russian Federation provide OF THE PRESIDENT OF THE RUSSIAN FEDERATION Reimbursement of the costs of such assistance shall be made by means of external intelligence agencies. The President of the Russian Federation determines the procedure for interaction of foreign intelligence agencies with ministries and departments on matters relating to the provision of assistance to these bodies in the conduct of intelligence activities. The terms of the relations of foreign intelligence agencies with ministries, departments, agencies, enterprises and organizations of the Russian Federation are established on the basis of relevant bilateral agreements with them. A C J E L III THE LEGAL SITUATION AND SOCIAL SECURITY OF THE EXTERNAL SECONDERS AND INDIVIDUALS, PERFORMANCE OF THESE GUIDES Article 17. Members of external intelligence organs The members of the external intelligence service are members of the military and the personnel and are not members of the armed forces, the employees and the workers who have voluntarily contributed to the service. Valid military service or work in these bodies. A member of the external intelligence agency may be a citizen of the Russian Federation, capable of carrying out his or her business qualities, age, education and health status. The members of the foreign intelligence service are subject to the relevant regulations on the service in the armed forces, taking into account the specific exceptions established by the laws of the Russian Federation. Their functions. Employees and working bodies of external intelligence are subject to the rights, duties and benefits provided for in the labour laws and other legislative acts of the Russian Federation. Employees and members of the external intelligence service may not be members of political parties, public organizations or mass movements pursuing political goals. Employees who are not members of the staff and foreign intelligence agencies cannot create organizational structures for political parties, social organizations or mass movements pursuing political goals. Article 18. The personnel composition of the external intelligence organs of the external intelligence organs includes the military and external intelligence officers assigned to the relevant posts, whose functional responsibilities are direct are linked to the conduct of intelligence activities. The list of personnel posts is defined by the provision on the relevant external intelligence agency. The information on the identity of individuals in the personnel of foreign intelligence bodies is a State secret. Personnel officers to carry out their functions may, in accordance with the requirements of this Act, without deciphering their affiliation to external intelligence agencies in ministries, departments, institutions, enterprises and organizations. Employees of the personnel of foreign intelligence agencies are prohibited from taking an untransparent participation in the work of the bodies of representative or judicial power, as well as public associations and religious organizations in the Russian Federation with a view Impact on the nature of their activities. Employees of the personnel of foreign intelligence agencies shall not be entitled, if not caused by official necessity, to engage in other remunerated activity, with the exception of scientific, teaching and creative activities; carried out with the consent of the head of the external intelligence agency. Article 19. Individuals who provide confidential assistance to the external intelligence agencies To achieve intelligence purposes, foreign intelligence agencies can establish relations on a grant or exchange basis Cooperation with consenting adults who have voluntarily agreed to provide confidential assistance to foreign intelligence agencies. The procedure for relations with such persons is determined by the normative acts of these bodies, which are adopted in accordance with the legislation of the Russian Federation. Foreign intelligence agencies are not entitled to seek confidential assistance from people's deputies, judges and prosecutors at all levels in the Russian Federation. Information on persons providing (providing) confidential assistance to foreign intelligence units is a State secret. Only authorized officials of the relevant external intelligence agency have access to this information. In order to ensure the safety of persons who provide (who provide) confidential assistance to foreign intelligence agencies and members of their families, activities may be carried out to protect them, which do not violate the rights and legitimate interests of other persons. The procedure for holding such events is determined by the President of the Russian Federation. Article 20. The legal position of the employees of the organs external intelligence Employees of foreign intelligence agencies have the duties and rights provided for by the law for citizens of the Russian Federation, with the exception of restrictions, OF THE PRESIDENT OF THE RUSSIAN FEDERATION " The members of the armed forces, employees and working bodies of external intelligence of the Russian Federation are under the protection of the State in the exercise of their official duties. No one but the authorities and officials expressly authorized by law may interfere in their official functions. The status of an external intelligence officer cannot be used for purposes other than the performance of his or her functional duties. Article 21. The responsibility of the members of the external intelligence service of the Ministry of Foreign Affairs of the Russian Federation is the responsibility of the members of the Foreign Intelligence agency for the offences under Russian law. The scope of the external intelligence agency and the involvement in the conduct of intelligence activities shall not exempt its staff members from liability under the laws of the Russian Federation. Article 22. The social protection of foreign intelligence officers and their family members Social protection of employees of foreign intelligence agencies and members of their families is guaranteed by the legislation of the Russian Federation. " All personnel of the personnel of these bodies shall be subject to mandatory state personal insurance from the federal budget of the Russian Federation for their 15-year financial content. Injury caused by an external intelligence officer or a member of his or her family due to health damage in connection with intelligence activities is reimbursed in full in excess of the amount In the case of the federal budget of the Russian Federation. Of these, the same persons are paid a lump-sum benefit in the amount of their annual to seven years, depending on the degree of incapacity to work. In the event of the death of an external intelligence officer or a member of his family in connection with the conduct of intelligence activities, the State shall bear the costs of preparation for the transportation and the transportation of the remains to the place A burial which is specified in the will or by the next of kin and, in the case of their absence, by the authorities of the external intelligence agency, as well as of their burial. The family of the deceased is paid a lump-sum benefit in the amount of 15 years ' salary. In addition, it benefits from social welfare in accordance with the procedure provided for in the legislation of the Russian Federation. The State has the duty to cooperate fully with the unconditional release of a staff member of the external intelligence unit and members of his or her family, detained or arrested outside the territory of the Russian Federation in connection with the implementation of the Convention. Intelligence activities. In the event of a total or partial loss of the personnel of an external intelligence agency as a result of its interpretation or other reasons beyond its control, the external intelligence agency is obliged to employ it or to create the conditions, including the related costs, for its retraining. The federal budget shall be reimbursed by the State at the expense of the staff of the Foreign Intelligence Service and members of his family in connection with the conduct of intelligence activities. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the case of foreign intelligence officers not included in the personnel, the conduct of ad hoc reconnaissance assignments and the occurrence of these consequences, as listed in part three to paragraph 7 of this article, are subject to the benefits and privileges provided for the personnel of the external intelligence agencies. Article 23. Social protection of persons providing confidential assistance to external intelligence agencies Persons providing (providing) confidential assistance to foreign intelligence agencies and non- OF THE PRESIDENT OF THE RUSSIAN FEDERATION The cooperation of such persons with foreign intelligence bodies is a circumstance facilitating the acquisition of Russian citizenship. The period of cooperation of these persons with foreign intelligence agencies is included in their work experience. Their social protection is carried out in accordance with the provisions of article 22, paragraph 3, of this Law. The President of the Russian Federation shall provide for the social protection of persons who provide (who provide) confidential assistance to foreign intelligence agencies who are not citizens of the Russian Federation. P D E IV CONTROL AND OVERSIGHT OF THE ACTIVITIES OF THE EXTERNAL PRODUCT Article 24. Parliamentary control of the activities of the organs of external intelligence Control of the activities of external intelligence bodies is exercised by the Supreme Council of the Russian Federation through the chambers of the chambers and the permanent commissions established by the Supreme Council of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The heads of foreign intelligence agencies report on the activities of these bodies and the expenditure of funds allocated to them to the Supreme Soviet of the Russian Federation by the permanent commissions of the chambers and committees of the Supreme Soviet OF THE PRESIDENT OF THE RUSSIAN FEDERATION People's deputies of the Russian Federation request and receive information on the activities of foreign intelligence agencies in the procedure established by the Supreme Soviet of the Russian Federation. Article 25. The procuratorial oversight of the execution of the laws by the foreign intelligence agencies supervision of the execution of the laws of the Russian Federation by external intelligence bodies is carried out by the Procurator-General of the Russian Federation and special the procurators ' attorneys. President of the Russian Federation ELTSIN Moscow, House of Soviet Russia 8 July 1992 N 3245-I