On Operatively-Search Activity In The Russian Federation

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

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Spagle Force-Federal Law of 12.08.95 N 144-FZ A A C O O of the Russian Federation The Russian Federation N 3181-I This Law defines the operative search activities carried out in the territory of the Russian Federation and establishes a system of guarantees of legality in operative search operations. activities. Section 1. GENERAL PROVISIONS Article 1. Intelligence-search activities Operation-related activities-activities carried out, transparent and not transparent, authorized by this Law by State organs and operational units <1>, within the limits of their The Convention on the Rights of the Child and the Convention on the Rights of the Child. ______________ Article 2. Intelligence tasks Search operations are: detection, prevention, suppression, and detection of crimes, including concealment Tax revenues and tax evasion, as well as those who prepare, commit or commit; (In the wording of the Russian Federation Act dated 02.07.92 g. N 3181-I to search for fugitives from inquiry, investigation and trial for evading the criminal penalty of missing persons. Article 3. The principles of operative-search activity Tracking activity is based on the principles of legality, respect for the rights and freedoms of the individual, conspiracy, and combinations of vowels and vowels. Article 4. The legal basis for search operations The legal basis for investigative activity is the Constitution of the RSFSR, this Law, as well as other laws and other legal acts of the Russian Federation. In accordance with the law and in coordination with the Procurator's Office of the Russian Federation and the Supreme Court of the Russian Federation, the bodies conducting operational and investigative activities shall issue regulations, To regulate the organization and tactics of operational investigative activities. Article 5. Observance of the rights and freedoms of the individual in the operational search activity It is not possible to carry out search operations to achieve the goals and objectives not covered by this Law. A person who believes that the actions of the body conducting the operative-investigative activity have led to restriction of his rights and freedoms may appeal to a higher authority or a court. A person whose guilt in the commission of a crime has not been proved in accordance with the procedure established by law, that he or she was carried out by the operative-investigative measures, is entitled to exterminate a body carrying out such activities. investigative activity, information about the nature of the information received in respect of his information, within the limits permitted by the requirements of conspiracy and excluding the disclosure of state secrets. If the requested information is refused or received, the person is not entitled to challenge the actions in court. In the process of examining a case in court, it is the responsibility of the competent authority to prove the validity of such a decision. In order to ensure the completeness and comprehensiveness of the case, the investigative authority is required, at the request of a judge, to submit to it operational documents containing information on the facts, The provision of which was denied to the applicant, except for those persons who had contributed confidentially to the investigation. In the event of an unjustified decision of the investigative body to refuse to provide the necessary information to the applicant, the judge may order the said authority to provide the complainant with information, as provided for in Part Three of this article. Materials obtained as a result of operative-search proceedings against persons whose guilt has not been proved in accordance with the procedure established by law, shall be kept for one year and then destroyed if the performance of official duties responsibilities or justice do not require otherwise. Three months prior to the destruction of documents reflecting the results of the investigative measures carried out with the approval of the prosecutor, the relevant prosecutor is notified. Authorities (officials) conducting intelligence operations are prohibited from taking action in the interest of a political party; to take an uninformed participation in the work of the organs of representative or judicial power, as well as public associations or religious organizations registered in accordance with the procedure established by law, with a view to influencing the nature of their activities. If the organ (official) is in breach of the rights and legitimate interests of natural and legal persons, the higher authority, the procurator or the judge are obliged to take steps to restore these rights and OF THE PRESIDENT OF THE RUSSIAN FEDERATION The operational and investigative activities carried out in violation of this Act are punishable under the law of the Russian Federation. Section II. IMPLEMENTATION OF OPERATIONAL EXPERIENCE Article 6. Tracking measures Operational activities are carried out only when it is not possible to achieve the tasks stipulated in article 2 of this Law. To solve these tasks, the intelligence agencies use: 1) survey of citizens; 2) inquiry; 3) collection of samples for comparative study; 4) benchmarking; 5) study of subjects and documents; 6) observation; 7) identification of the person; 8) survey of premises, buildings, structures, and vehicles; 9) Control of postage; 10) censorship of prisoners ' correspondence; 11) wiretapping of telephone and other negotiations; 12) removal of information from technical communication channels. The actions set out in paragraph 2 of this article are implemented by means of operative-search activities. The list of these acts is exhaustive and can be amended or supplemented only by law. " Information systems, video and audio recordings, film and photography, as well as other technical means that do not cause harm to life and health of the person and the environment are used during search operations. Officials of bodies conducting intelligence operations perform its tasks by personally participating in the organization and carrying out of operational and investigative activities, using the assistance of officials and specialists of the scientific, technical and other special knowledge, as well as the assistance of individual citizens, with their consent, in a transparent and untransparent manner. The organization and tactics of operational investigative activities are State secrets. Article 7. The basis for the operative-search activities Grounds for search operations are: 1) the existence of a criminal case; 2) became known bodies, about the operative-search activity, information: on the wrongful act being prepared, committed or committed, for which the production of the preliminary investigation is mandatory, when there is no evidence of evidence crimes; on persons who are hiding from organs The inquiry, investigation and trial or evaders of criminal punishment; on the absence of citizens and the discovery of unidentified corpses; 3) instructions of the investigator, the prosecutor's instructions or the criminal court's determination, that are in their production; 4) requests from other investigative bodies on the grounds referred to in this article; 5) requests from international law enforcement organizations; and Law Enforcement Agencies of Foreign States in accordance with Treaties (agreements) on legal assistance. { { censure } } { { See also | } { { See also | } { } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } State secrets, or to work related to the exploitation of objects of increased environmental danger; (2) on admission to and access to investigative activities. Implementation. This provision does not apply to judges and prosecutors; (3) to assist them in the preparation and conduct of search operations; 4) for the issuance of permits for private detective and security activities. Article 8. Conditions for operational-search activities Nationality, nationality, gender, place of residence, social and property status, membership of public associations, attitude to religion and political affiliation The opinions of individuals are not an obstacle to the investigation of such activities in the territory of the Russian Federation, unless otherwise stipulated by law. The conduct of search operations involving the confidentiality of correspondence, telephone and other negotiations, telegraphic communications and the right to inviolability of the home is permitted only for the collection of information on persons, who commit or attempt to commit or attempt to commit serious crimes, or who have committed serious offences, tax evasion or concealment of income from taxation in very large amounts, and only With the authorization of a prosecutor (based on a reasoned decision of one of the The President of the General Assembly of the United Nations The list of categories of such managers is established by departmental regulations. In this case, a survey of living quarters is permitted in exceptional cases and only with the approval of a procurator of the Republic in the Russian Federation, the province, the region and other prosecutors who have their powers. In the wording of the Law of the Russian Federation, of 02.07.92 N 3181-I) In cases that cannot be delayed and may lead to the commission of a terrorist act or sabotage, on the basis of a reasoned opinion of one of the leaders of the body in question In the event of an investigation, it is possible to carry out the operational search activities listed in part two of this article, with prompt notification of the procurator concerned and the subsequent receipt of the sanction within 24 hours. In the event of a threat to the life, health, property of individuals on their application or with their written consent, it is permissible to listen to negotiations with their phones or other negotiating devices on the basis of A decision approved by the head of the investigative agency, with the mandatory notification of the relevant prosecutor within 24 hours. When conducting search operations on the grounds referred to in paragraphs 1 to 4 of Part Two of Article 7, it is prohibited to carry out the actions referred to in paragraphs 8 to 12 of Part Two of Article 6 of this Law. Intelligence and search activities that ensure the security of the internal affairs agencies, the security organs, the Foreign Intelligence Service and the State Revenue Service are conducted in order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 3181-1) Article 9. Production of an operational check If there are grounds set out in paragraphs 1-3 of Part 1 of Article 7 of this Law, the investigative authorities may conduct an operational check. It is subject to mandatory registration. Operational verification shall be carried out with the authorization and control of the head of the body conducting it. The results of the search operations are reflected in the operational documents and are systematized. Operational and office documents should be submitted to the prosecutor in the exercise of prosecutorial oversight or to obtain a sanction for operational investigative activities. Operational verification shall be terminated if the specific tasks of the investigative activity referred to in article 2 of this Law are addressed, as well as in establishing circumstances that demonstrate an objective impossibility Solutions for these tasks. Article 10. The use of operational investigative results Operations can be used to prepare and carry out investigative actions and conduct search operations. Measures to prevent, combat and solve crimes, as well as as evidence in criminal cases after their examination, in accordance with the criminal procedure law. The Operational verification material is not a ground for limiting the rights and legitimate interests of natural and legal persons. Section III. BODIES TO IMPLEMENT THE OPERATIONAL ACTIVITIES OF THE { \cs6\f1\cf6\lang1024 } Article 11 { \cs6\f1\cf6\lang1024 } The authorities responsible for the operation of the operative-search activity in the territory of the Russian Federation are given the right to carry out operational investigative activities: 1) of the internal affairs authorities of the Russian Federation; (2) organs of the Ministry of Security of the Russian Federation; 3) border guards; 4) the Foreign Intelligence Service of the Russian Federation; 5) operational units of the General Directorate of Security Russian Federation; 6) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Regions, Autonomous Regions, Autonomous Regions, Districts, Districts, Cities and Districts in Cities. (amended by the Law of the Russian Federation) N 3181-I) The list of bodies carrying out operational investigative activities may be amended or supplemented only by law. { { see also } { \b } { \b } { \b { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } Article 12. The duties of the organs carrying out operational activities In resolving the tasks set out in this Law, the bodies authorized to carry it out are obliged: 1) To take all necessary measures, in accordance with its competence, to protect the rights and freedoms of the individual, property, security of the public and the State; 2) to carry out the letters rogatory, instructions from the prosecutor, and of the Court On the basis of treaties (agreements) on legal assistance, the requests of the relevant international law enforcement and law enforcement agencies of foreign States; " (4) To inform other investigative bodies in the territory of the Russian Federation of illegal activities falling within the competence of these bodies and provide them with the necessary assistance; 5) comply with the rules of conspiracy (b) Measures to ensure the personal safety and security of their personnel, family members, relatives and members of the criminal justice system, members of their families, relatives and friends of criminal and other unlawful attacks. In order to properly discharge the duties of the officers of the investigative bodies, conditions must be met for special training and promotion of their Qualifications and health care. Article 13. The rights of the investigative authorities of the activity When the tasks of the operational investigative activity are to be carried out by the competent authorities are entitled: 1) should be conducted in a transparent and non-transparent way (c) To establish, on a non-reimbursable basis or on a reimbursable basis, cooperation with persons who have consents to cooperate on a confidential basis. operational agencies; 3) Establish and use information systems to support operational and investigative activities; 4) to use office space, property and equipment during operational and investigative activities under the contract or oral agreement enterprises, institutions, organizations, military units, as well as residential and non-residential premises, vehicles and other property of private persons; 5) to use documents to encrypt the identity of officials for the purposes of conspiracy; Organizational affiliations of units, organizations, premises and (a) The need for the protection of human rights in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Officials may not be prevented by the authorities referred to in this Law from carrying out operational investigative activities within their competence. Article 14. The social and legal protection of the officials of the operations activities The officials of the investigative bodies are subject to safeguards The legal and social protection of the staff of the bodies in which they are members. No one shall be entitled to interfere in the lawful acts of officials and bodies carrying out operational and investigative activities, except those expressly authorized by law. It is prohibited to evaluate their work on quantitative indicators of operational investigative activity. The official authorized to carry out operational and investigative activities is subject only to the immediate and direct supervisor. When receiving an order or an instruction contrary to the law, the official must be guided by the law, and if he has reason to believe that the execution of the order or instruction may or may have been committed, report this to a higher authority or prosecutor's office. Section IV. PROMOTION OF THE SCHEDULE OF AUTHORITIES TO IMPLEMENT OPERATIONAL ACTIVITIES Article 15. Citizens 'assistance to the citizens' search operations Individual persons may, with their consent, be involved in the preparation or conduct of search operations with the preservation of their desire Confidentiality of cooperation with investigative bodies, including those under contract. These persons shall be obliged to keep secret information that has become known to them in the course of the preparation or the conduct of the investigations and not to provide knowingly false information to the said authorities. The investigative bodies may conclude contracts with legal persons of full age, regardless of their nationality, nationality, gender, social, official or property status, Education, membership of public associations, political and religious beliefs. It is prohibited to use the confidential assistance of people's deputies, judges, prosecutors, lawyers, clergymen and plenipotentiaries on a contractual basis. of religious associations. Article 16. Social and legal protection of citizens who assist operations activities Persons aiding the investigative bodies are protected States. If there is a real threat of unlawful encroachment on the life, health or property of individuals in connection with their assistance to the investigative bodies, as well as to members of their families, relatives, these bodies are obliged to take the necessary measures to prevent illegal actions, identify the perpetrators and bring them to justice. Details of persons cooperating or cooperating with the investigative bodies on a confidential basis are State secrets and may be made public only with the written consent of these or in other cases expressly provided for by law. Persons cooperating with investigative bodies are entitled to receive remuneration. The State shall guarantee to those who have agreed to cooperate on a contractual basis to the bodies carrying out operative-investigative activities, the fulfilment of the obligations stipulated in the contract. The period of cooperation of citizens under the contract with the investigative bodies is included as a main occupation in their employment record. These persons are entitled to a pension under the applicable law. In order to ensure the safety of persons who cooperate under the contract with the investigative bodies and their families, special protection measures may be carried out in a manner determined by the law. The Government of the Russian Federation. In the event of death of a person who cooperates with the investigative bodies in connection with his participation in the investigative activities, the family of the victim and his dependants A lump-sum benefit in the amount of 10 years ' money is paid for the deceased and a survivor's pension is granted in the manner prescribed by law. Upon receiving a person who cooperates with the investigative bodies, the injury resulting from the injury, the concussion, the injury resulting from his participation in the investigation In accordance with the law of the State of the country, the amount of the grant is the same as that of the State. Disability. Section V. FINANCIAL SUPPORT FOR OPERATING OPERATIONAL, Article 17. The financial security of the operational investigative activity of the Ministry of the Russian Federation and the agencies of the Russian Federation, which are authorized to carry out operational investigative activities, is allocated to this purpose by financial means. is spent in the order determined by the President of the Russian Federation. The heads of these ministries and departments, as well as representatives of the Ministry of Finance of the Russian Federation, are responsible for monitoring the financial expenditures allocated to the operational and investigative activities. Section VI. MONITORING AND OVERSIGHT OF OPERATIONAL, ACTIVITIES Article 18. Parliamentary control of the Supreme Council of the Russian Federation is monitored by the relevant committees of the Supreme Soviet of the Russian Federation. THE RUSSIAN FEDERATION The investigative authorities are required to provide them with information, irrespective of their degree of secrecy, with the exception of information on persons who have provided or provide confidential assistance to these bodies. Article 19. The Procurator-General of the Russian Federation and the procurators subordinate to him are responsible for supervising the implementation of the law in carrying out operational and investigative measures and the legality of decisions taken in that respect. Article 20. The Office of the President of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the President of the Russian Federation B. YELTSIN Moscow, House of Russia 13 March 1992 N 2506-I