On Operatively-Search Activity In The Russian Federation

Original Language Title: Об оперативно-розыскной деятельности в Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102015130

Expired-the Federal law dated 12.08.95 g. N 144-FZ z and c o n RUSSIAN FEDERATION concerning investigative activities in the Russian Federation (as amended by the law of the Russian Federation from 02.07.92 N 3181-I) this law determines the content of operatively-search activity, carried out in the territory of the Russian Federation, and establishes the system of guarantees for the rule of law in the carrying out of operatively-search actions.
Section 1. GENERAL PROVISIONS Article 1. Operatively-search activity of operatively-search activity-activity, carried out in a transparent and tacitly authorized by this Act, State bodies and operational entities within their jurisdiction by carrying out of operatively-search actions in order to protect the lives, health, rights and freedoms of the individual, property, and safety of society and the State against criminal encroachments.
_ hereinafter-bodies implementing operational-investigative activities.
Article 2. Operatively-search activity tasks the tasks of the investigative activities are: identifying, preventing, suppressing and uncovering crimes, including concealing income from taxation and tax evasion, as well as persons committing or preparing the perpetrators; (As amended by the law of the Russian Federation from 02.07.92 N 3181-I) Tracing fugitives from organs of inquiry, investigation and trial, deviating from criminal punishment, missing citizens.
Article 3. Principles of operatively-search activity operatively-search activity is based on the principles of the rule of law, respect for the rights and freedoms of the individual, conspiracy, combination of vowels and undercover began.
Article 4. The legal basis of the operatively-search activity, the legal basis of operatively-search activity are the Constitution of the RSFSR, the present law, as well as other laws and other legal acts of the Russian Federation. Authorities conducting investigative activities, within its competence, in accordance with the legislation and in consultation with the Office of the public prosecutor of the Russian Federation and the Supreme Court of the Russian Federation regulations governing organization and tactics of carrying out of operatively-search actions.
Article 5. Respect for the rights and freedoms of the individual in investigative activities not allowed implementation of investigative activities in order to achieve the goals and objectives not covered by this law.
A person who believes that the actions of the authority conducting investigative activities, have led to the limitation of his rights and freedoms may appeal this action in a higher authority or in court.
A person whose guilt in committing an offence is not proven guilty in a manner prescribed by law, suspects that respect his investigations were conducted, has the right to recover from the authority, conducting investigative activities, the nature of the information received with regard to its information, within the limits permitted by the requirements of secrecy and precluding disclosure of State secrets. In case of refusal to provide the requested information or getting them fully, the person may appeal this action in a Court of law. During the trial the obligation to prove the validity of such a decision rests with the relevant authority, which carries out operational-investigative activities.
In order to ensure the completeness and comprehensiveness of the consideration of the case the authority conducting investigative activities, at the request of a judge is required to make it operational and official documents containing information about what information to provide to the applicant refused, except for data on confidential contributed to conducting operatively-search actions.
In the case of recognition of unreasonable the decision of the body conducting investigative activities, the refusal to provide the necessary information to the applicant, the judge may order the authority to provide the applicant with the information referred to in paragraph 3 of this article.
Obtained from materials of operatively-search actions against persons found committing a crime not proven guilty in a manner prescribed by law, are kept for one year and then destroyed, unless the performance of duty or justice otherwise require. Three months prior to the destruction of documents reflecting the results of the investigations carried out with the approval of the Prosecutor, this shall be notified to the relevant prosecutor.
Bodies (officials), carrying out investigative activities, it is forbidden to take actions in the interests of any political party; take part in an unofficial representative bodies or judicial authorities, as well as public associations or religious organizations registered in accordance with the law, to influence the nature of their activities.

If there is a violation of the body (official), carrying out investigative activities, rights and legitimate interests of individuals and legal entities, the parent body, the Prosecutor or judge must take steps to restore these rights and legitimate interests, compensation for harm caused, in accordance with the legislation of the Russian Federation.
Operatively-search activity, carried out in violation of the present law shall entail liability according to the legislation of the Russian Federation.
Section II. CARRYING OUT of operatively-search actions Article 6. Investigations investigations are conducted only when otherwise it is impossible to give effect to the objectives set out in article 2 of this law.
To meet these challenges, the bodies engaged in investigative activities, in accordance with the rules of conspiracy are applied: 1) poll of citizens;
2) inquiries;
3) collecting samples for comparative studies;
4) test purchases;
5) research objects and documents;
6) surveillance;
7) identification of the person;
8) inspection of premises, buildings, structures, sites and vehicles;
9) control of mail;
10) censorship of correspondence of convicts;
11) tapping of telephone and other conversations;
12) removing information from the technical communication channels.
Installed part two of this article, actions are implemented by carrying out of operatively-search actions. A list of these actions is exhaustive and may be amended or supplemented only by law.
During carrying out of operatively-search actions used by information systems, video and audio, film and photography, as well as other technical means not causing harm to life and health of the individual and the environment Wednesday.
Officials of bodies which carry out investigative activities, decide its objectives through personal participation in the Organization and carrying out of operatively-search actions by using the aid officials and experts with scientific, technical or other special knowledge, as well as assisting individuals with their consent in a transparent and silent manner.
Organization and tactics of carrying out of operatively-search actions constituted a State secret.
Article 7. Grounds for carrying out of operatively-search actions grounds for carrying out of operatively-search actions are: 1) the presence of excited criminal case;
2) gained the bodies carrying out investigative activities, information: about forthcoming committed or committed the wrongful act, for which a preliminary inquiry is obligatory, when there is no data pointing to signs of a crime;
of persons fleeing from organs of inquiry, investigation or trial or deviating from criminal punishment;
about the unexplained absence of citizens and detection of unidentified corpses;
3) orders, instructions of the investigator of the Prosecutor or the Court in criminal cases pending in their production;
4) requests from other bodies which carry out investigative activities, on grounds specified in this article;
5) requests the international law enforcement organizations and law enforcement agencies of foreign States in accordance with the contracts (agreements) on legal aid.
Authorities conducting investigative activities, within its sphere of competence may also collect data on the identity of citizens necessary for decision making: 1) for admission to the information constituting a State secret or work related to the operation of the facilities of high environmental risk;
2) on admission to participate in investigative activities or access to materials obtained as a result of its implementation. This provision does not apply to judges and prosecutors;
3) in connection with the provision of their assistance in the preparation and carrying out of operatively-search actions;
4) on the authorization of private detective and security activity.
Article 8. The conditions for carrying out of operatively-search actions citizenship, nationality, gender, place of residence, social and property status, affiliation to public associations, religion and political beliefs of individuals does not constitute an obstacle for conducting against them operatively-search actions in the territory of the Russian Federation, unless otherwise stipulated by law.

Carrying out of operatively-search actions affecting protected confidentiality of correspondence, telephone conversations and telegraphic and other communications, as well as the right to inviolability of the home, allowed only to collect information about persons, preparing or attempting to commit serious crimes or those who have committed serious crimes, and also responsible for tax evasion or concealment of income from taxation on an especially large scale, and only with the approval of the Prosecutor (a substantiated ruling by one of the leaders of the relevant body carrying out operational-investigative activities). The list of categories of such leaders is established departmental regulations. In this survey of residential premises is allowed in exceptional cases and only with the approval of the Prosecutor of the Republic within the Russian Federation, borders, and other prosecutors with their powers. (As amended by the law of the Russian Federation from 02.07.92 N 3181-I) that cannot afford delay and may lead to the Commission of a terrorist act or sabotage, by a reasoned opinion of the relevant body conducting investigative activities, it is allowed to operatively-search actions listed in part 2 of this article, promptly notified of the relevant Prosecutor and then receiving sanctions for 12:00 am.
In the event of a threat to life, health, property of individuals on their application or with their written consent is allowed to listen to negotiations with their telephone or other intercommunication systems, on the basis of the Decree, approved by the head of the body conducting investigative activities, with obligatory notification of the relevant prosecutor within 12:00 am.
At carrying out of operatively-search actions on grounds provided for by paragraphs 1-4 part two article 7 prohibits the implementation of actions referred to in paragraphs 8-12 the second part of article 6 of this law.
Operatively-search measures providing its own security of the internal affairs authorities, security agencies, and foreign intelligence service bodies of the State tax service, conducted in the manner prescribed by legislative acts of the Russian Federation. (As amended by the law of the Russian Federation from 02.07.92 N 3181-I) of Article 9. Production of on-line inspection in the presence of grounds provided for in clauses 1-3 of the first paragraph of article 7 of this Act, the authorities conducting operatively-search activity, have the right to carry out an operational check. The fact that its implementation is subject to mandatory registration.
The operative control is carried out with the permission and under the supervision of the head of the authority, its carrying out. Results of operatively-search actions are reflected in official documents and systematized.
Operative-service documents shall be submitted to the Prosecutor in exercising supervision or for authorization to conduct investigations.
The operative control is terminated in case of specific tasks of operatively-search activity, referred to in article 2 of this law, as well as in establishing the circumstances indicate the objective inability to meet these challenges.
Article 10. Using the results of operatively-search activity results of operatively-search activity can be used for the preparation and implementation of investigative activities and carrying out of operatively-search actions for the prevention, suppression and exposure of crimes, as well as evidence in criminal cases after they have been checked in accordance with the criminal procedure law.
Materials on-line inspection are not grounds for restriction of the rights and legitimate interests of individuals and legal entities.
Section III. Authorities conducting operatively-search activity, article 11. Authorities conducting operatively-search activity on the territory of the Russian Federation the right to carry out operational-investigative activities provided by: 1) internal affairs agencies of the Russian Federation;
2) authorities of the Ministry of security of the Russian Federation;
3) border guard authorities;
4) the foreign intelligence service of the Russian Federation;
5) Main operational entities of the Russian Federation;
6) operational units of the main Directorate of tax investigations at the State tax service of the Russian Federation and the relevant units in the State tax inspectorates for the republics within the Russian Federation, the edges, areas of the autonomous region, autonomous districts, counties, cities and districts in the cities. (Item complemented by-law of the Russian Federation from 02.07.92 N 3181-I) the list of authorities which carry out investigative activities, may be amended or supplemented only by law.
Authorities conducting investigative activities, solve the challenges they face on their own, between themselves and with the assistance of citizens.
Article 12. The responsibilities of the bodies involved in

operational-investigative activities when solving tasks prescribed by this Act operatively-search activity bodies authorized to exercise must: 1) adopt, in accordance with its competence all necessary measures for the protection of legally protected rights and freedoms of the individual, property, and safety of society and the State;
2) to written instructions of the investigator, Prosecutor and Court guidance on carrying out of operatively-search actions in criminal matters adopted by them to production;
3) perform on the basis of contracts (agreements) on legal assistance requests relevant international law enforcement organizations and law enforcement agencies of foreign States;
4) inform other authorities conducting operatively-search activity on the territory of the Russian Federation, about which facts of illegal activities within the competence of these bodies and to provide them with the necessary assistance;
5) observe the rules of conspiracy in carrying out of operatively-search activity;
6) help to ensure personal safety, the safety of property of their employees, their families, loved ones, as well as participants in criminal proceedings, their families, loved ones, from criminal and other unlawful infringements.
For the proper discharge of their duties, officials exercising investigative activities, should be provided with conditions for receiving special training, improve their skills and to medical care.
Article 13. Law bodies which carry out investigative activities When solving problems operatively-search activity bodies authorized to exercise, have the right to: 1) publicly and behind the scenes investigative actions listed in article 6 of this law;
2) set on a grant or reimbursable cooperation relationships with persons who expressed their agreement to provide assistance on a confidential basis the bodies carrying out investigative activities;
3) create and use information systems to deal with the tasks of operatively-search activity;
4) use during operatively-search actions under the contract or verbal agreement, premises, assets of enterprises, institutions, organizations, military units, as well as the residential and non-residential premises, vehicles and other property to private individuals;
5) used to zashifrovyvajushhie identity documents Grove officials institutional affiliation units, organizations, premises and vehicles, bodies which carry out investigative activities, as well as the identity of persons cooperating with these agencies on a confidential basis.
Officials may not interfere with the specified in the present law bodies to carry out operational-investigative activities within the limits of their competence.
Article 14. Social and legal protection of officials of bodies which carry out investigative activities for officials of bodies which carry out investigative activities, subject to guarantees of legal and social protection for the staff of those bodies in the States to which they belong.
No one has the right to interfere with the legitimate actions of officials and bodies which carry out investigative activities, except persons expressly authorized by law. It is prohibited to evaluate their work on quantitative indicators of results of investigative activities.
Official authorized to exercise investigative activities during carrying out of operatively-search actions is subject only to the immediate and direct supervisor. Upon receipt of the order or contrary to law, the official is obliged to be guided by the law, and if he has reason to believe that as a result of the execution of an order or instruction may or could be committed, notify the parent body or Prosecutor's Office.
Section IV. ASSISTING CITIZENS to carrying out investigative activities Article 15. Assisting citizens to carrying out investigative activities, individuals may, with their consent, be involved in the preparation or conduct of operatively-search actions with keeping their privacy request cooperation from authorities conducting investigative activities, including under a contract. These individuals are required to maintain the confidentiality of information that has become known to them in the course of preparing or carrying out of operatively-search actions, and not to provide false information to specified bodies.
Authorities conducting investigative activities, may enter into contracts with adult capable persons irrespective of their nationality, ethnicity, sex, social, official and property status, education, membership of public associations, political and religious beliefs.

Authorities involved in investigative activities, it is forbidden to use confidential assistance on a contractual basis of people's deputies, judges, prosecutors, lawyers, priests and ministers plenipotentiary representatives of officially registered religious associations.
Article 16. Social and legal protection of citizens, promote the bodies carrying out investigative activities of the individual contributing to the authorities involved in investigative activities, are protected by the State.
If you encounter a real threat of unlawful violence to life, health or property of individuals in connection with their cooperation bodies, carrying out investigative activities, as well as members of their families, loved ones, these bodies are obliged to take the necessary measures to prevent unlawful acts, the perpetrators and bring them to justice.
Information on persons cooperating or collaborating with bodies engaged in investigative activities, on a confidential basis, are a State secret and may be disclosed only with the express written consent of those persons or in other cases expressly provided by law.
Persons cooperating with authorities conducting operatively-search activity, have the right to remuneration.
The State shall guarantee persons who consent to facilitate contractual authorities involved in investigative activities, execution of the contract.
The period of the cooperation of citizens under a contract with the bodies carrying out investigative activities, as their main occupation is included in their seniority. These persons have the right to pension benefits in accordance with applicable law.
In order to ensure the safety of persons working under a contract with the bodies carrying out investigative activities, and members of their families, special events are allowed for their protection in accordance with the procedure determined by the Government of the Russian Federation.
In the event of the death of a person working under a contract with the bodies carrying out investigative activities, in connection with his participation in carrying out of operatively-search actions, the family of the victim and his dependants from the funds of the respective budget a one-time allowance in the amount of ten-year salaries of the deceased and in accordance with the law shall be appointed by the survivor's pension.
Upon receipt of a person working under a contract with the bodies carrying out investigative activities, injury resulting from blunt trauma wounds, injury, occurring in connection with his participation in carrying out of operatively-search actions and saving for him the possibility of further cooperation, it is paid from the funds of the corresponding budget lump sum in the amount of five-year pay and in the manner prescribed by law for a disability pension.
Section v. FINANCIAL SUPPORT of operatively-search ACTIVITY, Article 17. Financial security investigative activities ministries and departments of the Russian Federation, authorized implementation of operatively-search activity, allocated in this regard funds spent in the manner determined by the President of the Russian Federation. Control over expenditure of funds allocated for operatively-search activity, is carried out by the heads of those ministries and agencies, as well as specially authorized officials of the Ministry of Finance of the Russian Federation.
Section VI. Control and supervision of the operatively-search ACTIVITY, article 18. Parliamentary control of the control of the Supreme Soviet of the Russian Federation for operatively-search activity and expenditure of allocated funds for this purpose shall carry out the relevant committees of the Supreme Council of the Russian Federation. Authorities conducting investigative activities, are required to submit information, regardless of its degree of secrecy except information about persons providing or providing confidential assistance to these bodies.
Article 19. Prosecutorial supervision Supervision over execution of laws at carrying out of operatively-search actions and the legality of the measures taken in the decisions of the Prosecutor General of the Russian Federation and the prosecutors subordinate to him.
Article 20. Departmental Managers control bodies which carry out investigative activities, bear personal responsibility for the legality in the Organization and carrying out of operatively-search actions.
The President of the Russian Federation, b. YELTSIN Moscow, Russia March 13, 1992 House Tips N 2506-I