On Introducing Changes And Additions Into The Law Of The Rsfsr On The Rehabilitation Of Victims Of Political Repressions "

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О реабилитации жертв политических репрессий"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102025949

W a c o n RUSSIAN FEDERATION on amendments and additions to the law of the RSFSR on the rehabilitation of victims of political repressions "(as amended by federal law from 22/08/2004, no. 122-FZ), in order to fully restore the rights of rehabilitated persons and persons recognized as victims of political repression, harmonization with generally recognized international norms relating to the protection of human rights, contribute to the RSFSR Law on the rehabilitation of victims of political repression (the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR , 1991, no. 44, art. 1428; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 28, art. 1624;, 1993, N 1, art. 21) the following amendments and supplements: 1. Article 1, after the words "officials", add the words "and non-governmental organizations or their organs, nadeljavshimisja administrative powers."
2. Add the following to the Law article 2 (1) to read as follows: "article 2 (approx.. 1). Victims of political repression are: children, who were with their parents in prison, in exile, expulsion, on the special settlement;
children left in the minors without care of one or both parents, unjustly repressed on political grounds;
children, spouse, parents of persons executed or died in prison and rehabilitated posthumously.
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ)
3. In article 3, paragraph "g" before the word "put" to supplement the word "unduly";
supplement article points "d" and "e" as follows: "d) wrongfully prosecuted and cases on them were terminated for non-rehabilitation reasons;
(e)) are recognized as socially dangerous for political motives and subjected to imprisonment, exile, deportation in the courts and extrajudicial bodies without being charged of committing a specific crime. ".
4. Article 4: in paragraph "and" delete the word "soldier";
"b" and "g", insert the following text: ") Organization, Bandit murder, robbery and other violent acts, as well as taking personal involvement in committing those acts consisting of gangs;
g) war crimes, crimes against peace, against humanity and against the administration of Justice. ";
supplement article part 2 to read as follows: "in addition, are not subject to rehabilitation to administratively on the specposelenie faces of repatriated Soviet citizens (of prisoners of war and civilians) who served in the military and special forces of the German troops, the police, if there is evidence tending to establish their involvement in intelligence, punitive and fighting against the Red Army, the guerrillas, the Allied armies and civilians, except those who subsequently participated in battles against German fascist troops of the Red Army, the guerrilla groups or in the resistance. "
5. Article 5: supplement article paragraph "d" as follows: "d) escapes from prison, links and special settlements, places of forced labour in conditions of restriction of liberty of persons who were at specified locations in connection with unjustified political repression,";
complete the last paragraph after figure "(approx. 190. 1) "with the words" as well as on articles ".
6. the first part of article 6, after the words "the application of repression", add the words "or the place of residence of the applicant.
7. In the first part of article 7, the words "shall issue a certificate of rehabilitation" should be replaced by the words "constitute a conclusion and issue a certificate of rehabilitation or report on refusal to issue such a help.
8. Article 8: part one after the letter "g" to complement the letters "d" and "e"; part three shall be amended as follows: "in the absence of grounds for rehabilitation of the Prosecutor's Office indicated in paragraph" d "of article 3 of this law cases constitute a conclusion on denial of rehabilitation, and for specified in points" a "," b "," d "and" e "of article 3 of this law matters in the case of applications interested individuals or social organizations send these cases with the findings of the Court in accordance with article 9 of this Act.";
supplement article part 4 to read as follows: "in respect of persons accused of counterrevolutionary, a particularly dangerous State crimes together with other types of crimes, or when the actions of individuals, the symptoms are not anti-revolutionary, particularly dangerous State, and other types of crime, reviewing cases and materials produced in the General order established by the legislation on criminal procedure of the Russian Federation."
9. To complement the law article 8 (1) to read as follows:

Article 8 (approx.. 1). According to interested persons or public organizations on the recognition of victims of political repression of children, spouses, parents, repressed persons referred to in article 2 (approx.. 1) of this Act, the Procurator's Office and the Interior check the materials of criminal and administrative cases, constitute a conclusion and give help about the recognition of persons victims of political repression or report on refusal to extradite them respectively: prosecution authorities in cases where the repression carried out by the courts and extrajudicial bodies; the internal affairs authorities in cases where the repression carried out administratively by the Executive officials of public organizations or their organs, nadeljavshimisja administrative powers.
Decision on refusal to issue certificates of recognition of persons victims of political repression may be appealed in the manner prescribed by the law of the Russian Federation "legal proceedings against actions and decisions violating citizens ' rights and freedoms."
10. In the third part of article 9, the words "paragraph 3" should be replaced by the words "parts of the third and fourth".
11. Article 10: in the last part of the third sentence should read as follows: "Determination (judgment) Court can be appealed to a higher court on request of interested persons or public organizations.";
supplement article fourth and fifth installments as follows: "review and amend the previous decisions (including partial rehabilitation) interested persons or public organizations, at their request, be issued to help on the results of the review.
In respect of other persons repressed in penal administrative proceedings and limits the rights and not referred to in articles 3 and 5 of this Act, the acts established by the legislation of the Russian Federation General order appeal, protest and review decisions of courts or administrative bodies.
12. In article 11: supplement article parts 1 and 2, to read: "Documents of rehabilitation or recognition of persons victims of political repression, issued in the Member States of the former Soviet republics or former USSR State bodies have effect on the territory of the Russian Federation. If necessary, the Prosecutor's Office and internal affairs of the Russian Federation to ask the relevant authorities of the States of the former Union republics of the USSR issued these documents, information on the grounds for rehabilitation and give an opinion on requests of relevant agencies in addressing the issues identified in the second part of article 12 of this law.
Courts, prosecutors and internal affairs of the Russian Federation, federal bodies of State security, public archives and archival storage, cases involving reprisals in response to requests from State and public organizations, as well as citizens of the States of the former Union republics of the USSR provided legal assistance in matters related to rehabilitation, including the forwarding of statements, copies of documents and other materials to the fact-finding repression, confiscation , seizures and loss of property. ";
part of the first, second and third respectively considered parts of the third, fourth and fifth;
in the third part of the deletion of the words "non";
part the fifth, after the word "must" add the words ", if you have relevant information."
13. Supplement article 12, paragraph 4, to read: "Rehabilitated persons and their heirs of any losses caused in connection with the repression of material injury due to the Republican budget of the Russian Federation."
14. Article 13 shall be amended as follows: "recognizes the right of rehabilitated persons who have lost their dwellings in connection with repression, return to stay in those areas and villages where they had lived before resorting to repression. In the event of a return to the former place of residence of the rehabilitated persons and members of their families shall have the right to priority housing and those living in rural areas-in interest-free loans and priority provision of building materials for housing construction. These rights also apply to members of their families and other relatives living together with repressed persons before resorting to repression, as well as for children born in prison, in exile, expulsion, on the special settlement. In the absence of documented fact displacement associated with repression of relatives may be established by the Court. "
15. In article 14, delete the words "and the Soviet Union".
16. Article 15: first part shall be amended as follows:

"Persons who have been subjected to reprisals in the form of deprivation of liberty, the premises of compulsory treatment in psychiatric hospitals and rehabilitated subsequently, social protection agencies at their place of residence on the basis of the documents on the rehabilitation and the time spent in detention and psychiatric hospitals a lump sum cash compensation at the rate of three-fourths of the statutory minimum wage for each month of imprisonment or stay in psychiatric hospitals but not more than 100 times the minimum statutory wage. ";
supplement article the fifth and sixth installments as follows: "persons with the review of cases and in recognition of the groundlessness of the accusations for political reasons was changed the penalty is made at the time of their stay in prison beyond the assigned when reviewing cases, the payment of monetary compensation. Monetary compensation in these cases are paid on the basis of the results of the review.
Persons living outside the Russian Federation, monetary compensation is paid at the place of their residence in the Russian Federation to use repression, and in cases where the place of residence cannot be determined, at the place of repression. "
17. In article 16: the first part read: "rehabilitated persons and members of their families, in need of better housing conditions, have the right to priority housing and living in rural areas-in interest-free loans and priority provision of building materials for housing.";
the second part of the paragraph after the first shall be reworded as follows: "(a)) primary vouchers for sanatorium-and-spa treatment and rest;
b) extraordinary medical care and reducing the cost of prescription drugs at 50 percent;
free car) class ZAZ-968 m if there are medical indications for the bubble, in the absence of contraindications to drive a car;
g) a free ride all kinds of urban passenger transport (except taxis), as well as road and water transport (except taxis) within the administrative region of residence;
d) free travel on the railway and water transport, commuter and commuter bus routes;
e) free travel (back and forth) once a year by rail, and in areas without railway communications, water, air or intercity road transport 50 percent discounted fare;
f) reduction (for rehabilitated persons residing together with them and members of their families) units of residential space and utilities to 50 per cent within the rules of law, as well as the cost of fuel purchased within the norms established for the sale of populations living in homes without central heating;
w) primary phone installation;
and) free installation of the phone;
k) priority entry into horticultural camaraderie and housing construction cooperatives;
l) extraordinary admission to homes for the elderly and disabled, living on full State support with payment not less than 25 per cent of the appointed pensions;
m) free manufacture and repair of dentures (except dentures made of precious metals), preferential provision of other prosthetic and orthopaedic appliances;
h) preferential provision of food and manufactured goods. ";
supplement article third and fourth installments as follows: "the privileges set forth in part two of this article, except for the points" b "," e "," I "and" m "apply to those found to be victims of political repression, in accordance with article 2 (approx.. 1) of this Act and which are pensioners or disabled.
In the event of the death of rehabilitated persons their burial is carried out at the expense of the State. ";
part of the third and fourth parts, respectively, considered the fifth and sixth to read as follows;
"Rehabilitated persons and persons recognized as victims of political repression, are entitled to free lawyers consultation on issues related to rehabilitation, and also are exempt from payment of State fees and reimbursement of court costs when contacting public authorities and the Court on matters arising in connection with the application of the present law, except for disputes between these persons and their heirs.
Rehabilitated persons and persons recognized as victims of political repression, entitled for the second and third parts of this article benefits the executive authorities of the republics within the Russian Federation, territories, oblasts, cities of Moscow and St. Petersburg, the autonomous region and autonomous areas as well as cities and regions on the basis of documents of rehabilitation certificate is issued uniform, which was adopted by the Government of the Russian Federation. "
18. To supplement the law article 16 (approx.. 1) to read as follows:

Article 16 (approx.. 1.) Rehabilitated persons returned confiscated, seized and withdrawn otherwise from their possession in connection with the repression of the property or its value reimbursed or paid monetary compensation.
Not returnable, refundable or compensation: property (including houses), nationalized (municipalizirovannoe) or prohibited from nationalization (municipalization) in accordance with the legislation in force at the time of confiscation, seizure, release of property from owning any other way;
property destroyed during the civil and great patriotic wars, as well as by natural disasters;
land, fruit plantations, crops dead;
property seized from civil circulation.
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ) by agreement with the rehabilitated persons instead of returning to the kind of dwelling house them priority provided comfortable living space, or assisted in the construction of housing or reimbursed the cost of a residential building in the manner and amount prescribed by part six of this article.
Property return State and public organizations, which it is, without compensation for wear and tear and recover its costs.
If you cannot return the rehabilitated persons remaining property shall be compensated for its costs in accordance with the established procedure in the assessment, but of no more than 40 times the minimum statutory wage for property without houses or 100 times the minimum statutory wage for all assets, including homes. In the same amounts be refunded the cost of not preserved property.
In cases where the fact of seizure, removal or release of property from the possession otherwise installed but are missing or lost documents about the nature, condition and quantity of the property shall be paid monetary compensation in the amount of up to 40 times the minimum statutory wage for property without houses or 100 times the minimum statutory wage for all assets, including homes.
In the event of the death of rehabilitated persons returning property, refunds the cost of or payment of monetary compensation they are heirs according to the law of the first stage. (C) property tax, inheritance, no fee will be charged.
The return of property, the cost of reimbursement or payment of monetary compensation is made according to the location of persons rehabilitated or implementations of this property at the time of the repression regardless of where you have been punished and now living in rehabilitated persons.
Before the adoption of this law, the decisions of the relevant bodies on the return of the property, its cost recovery or payment of monetary compensation is not subject to revision, and amounts paid-recalculation.
Statements on restitution, reimbursement of its cost or payment of cash compensation must be filed within three years after the entry into force of this Act, and in case of later rehabilitation within three years from the date of receipt of the instruments of rehabilitation.
Decision on restitution, reimbursement of its cost or payment of cash compensation to take the executive authorities of the republics within the Russian Federation, territories, oblasts, cities of Moscow and St. Petersburg, autonomous oblast, autonomous districts, organs of local self-government on the basis of findings of the commissions to restore the rights of rehabilitated victims of political repression, formed in accordance with the Decree of the Presidium of the Supreme Soviet of the RSFSR "on commissions for the rehabilitation of victims of political repression".
Disputes connected with the return of property, the cost of reimbursement or payment of monetary compensation shall be settled in court. ".
19. Supplement article 17, paragraph 2, to read: "the payment of monetary compensation, their recalculation, providing benefits, return confiscated property or reimbursement of its cost, to restore other rights of rehabilitated persons and persons recognized as victims of political repression, establishes special provisions, approved by the Government of the Russian Federation."
20. In the second part of article 18, the first sentence shall read as follows: "recognized in the established order guilty of offences against justice employees of CHEKA, OGPU, GPU-NKVD-NKVD, MGB, prosecutors, judges, members of the commissions," special meetings "," doubles "," triplets ", employees of other bodies exercising judicial power, persons involved in investigating and dealing with cases of political repression, are held criminally liable under the criminal legislation in force".
21. (repealed-Federal Act of 22/08/2004, no. 122-FZ) 22. In the name and text of the Act, the word "RSFSR" were replaced by the words "Russian Federation" in the appropriate case.
The President of the Russian Federation, b. YELTSIN Moscow, Russia September 3, 1993 House Tips N 5698-I