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"

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A to the Russian Federation On Amendments and Additions to the Law of the RSFSR "On Rehabilitation of Victims of Political Repressions" Federal Law of 22.08.2004 N 122-FZ In order to restore fully the rights of rehabilitated persons and persons recognized as victims of political repression, to harmonize with universally recognized international norms relating to protection of the RSFSR Act on the rehabilitation of victims of political repressions (Vedomas of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR), 1991, N 44, sect. 1428 Statements of Congress of People's Deputies of the Russian Federation and Supreme Soviet of the Russian Federation, 1992, N 28, Art. 1624;, 1993, N 1, sect. 21) the following changes and additions: 1. Article 1, after "officials", should be supplemented by the words "and by public organizations or their bodies that have been granted administrative authority.". 2. Supplement the Act with article 2 (adopted by the Constitution). (1) to read: " Article 2. 1). Victims of political repression are recognized: children who were with their parents in places of deprivation of liberty, exile, exile, and special settlements; children left without the care of one or more children Both parents who are unjustly repressed for political reasons; children, spouses, parents of persons killed or died in places of deprivation of liberty and rehabilitated posthumously. (Paragraph is not in force-Federal Law of 22.08.2004) N 122-F) 3. In article 3: paragraph "g" before the word "placed" with the word "unjustified"; to supplement the article with" d "and" e "to read as follows: " (d) wrongly prosecuted and prosecuted terminated on non-inhibitive grounds; e) found socially dangerous for political reasons and subjected to deprivation of liberty, exile, expulsion by court decisions and extrajudicial bodies, without being charged with a particular case crimes. " 4. In article 4: , in paragraph (a), delete the word "military"; points "in" and "Mr." to read: " (c) the organization of armed bands that committed murders, robberies and other acts of violence; and also taking part in the commission of these acts as part of armed groups; g) war crimes, crimes against peace, against humanity and against justice. "; content: " Also, they are not rehabilitated Administrative order on the special settlement of the persons of the repatriated Soviet citizens (prisoners of war and civilians) who served in the formations and special units of the German fascist forces and the police if there is evidence of their participation in the of the Red Army, guerrillas, armies of the countries of the anti-Hitler coalition and the civilian population, except those who later took part in the fighting against the German fascist troops The Red Army, the guerrilla groups or the Resistance. " 5. In article 5: , supplement the article with the following content: " (e) Escape from places of deprivation of liberty, exile and special settlement, places of forced labour in conditions of restriction of the liberty of persons who were present in of the said places in connection with unjustified political repressions, "; to supplement the last paragraph after the figure" 190 1) "by the words" as well as by the articles ". 6. Part one of article 6, after the words "repression", should be supplemented by the words "or at the applicant's place of residence". 7. In the first part of article 7, the words "shall issue a certificate of rehabilitation" shall be replaced by the words "shall constitute an opinion and shall issue a certificate of rehabilitation or shall report the refusal of such certificate". 8. In article 8: part one after the letter "g" to be supplemented with the letters "y" and "e"; part three is amended to read: " In the absence of rehabilitation grounds, the procuratorial authorities shall, under article 3 of the present article, The law in cases forms the conclusion of the refusal of rehabilitation, and the cases referred to in article 3, paragraph (a), (b), (b) and (e) of this Law, in the event of the application by the persons concerned or by public organizations, shall be referred to these cases with conclusions to the court in accordance with article 9 of this Law. "; fourth reading: " With regard to persons accused of counter-revolutionary, particularly dangerous State crimes, in conjunction with other types of crime, or when the actions of persons are not visible In general, the Russian Federation's legislation on criminal procedure and other types of crimes, as well as other types of crimes, are subject to a general procedure established by the criminal procedure law of the Russian Federation. " Supplement the Act with article 8 (note 1). (1) to read: " Article 8 (note: 1). According to the persons or social organizations concerned, the victims of the political repressions of children, spouses and parents of the repressed persons referred to in article 2 (note). (1) This Act, the Public Prosecutor's Office and the Ministry of Internal Affairs review criminal and administrative records, provide opinions and provide certificates of recognition to victims of political reprisals, or report their refusal to extradite them. Accordingly, the procuratorial authorities, in cases where repression was carried out by the courts and extrajudicial bodies; the internal affairs bodies, in cases where the repression was carried out by the executive authorities, by public organizations or their bodies that have provided Credentials. Decisions on refusal to issue certificates of recognition of persons affected by political repressions may be appealed in accordance with the procedure provided for in the Russian Federation Act " On appeal to court of action and decisions violating human rights and freedoms. Citizens. ". 10. In article 9, third paragraph, the words "part three" should be replaced by the words "parts of the third and fourth". 11. In article 10: , in the third sentence, the last sentence should read: "A court ruling may be appealed to a higher court on the application of the persons or public organizations concerned."; to supplement the article in the fourth and fifth preambular paragraphs as follows: "When reviewing a case and modifying previously adopted decisions (including partial rehabilitation) to interested persons or public organizations" Their request shall be issued with a certificate of the results of the review. In the case of other persons subjected to repression under criminal administrative procedure and restrictions in rights and not referred to in articles 3 and 5 of this Law, the general procedure established by the legislation of the Russian Federation is in force. Appeal, challenge and review of decisions of courts or administrative authorities. ". 12. In article 11: supplement the article with parts one and two: " Documents on rehabilitation or recognition of persons by victims of political repressions issued in the States of the former Union Republics of the USSR or The former state bodies of the USSR are in force in the territory of the Russian Federation. If necessary, the procuratorial authorities and the internal affairs agencies of the Russian Federation request the relevant bodies of the former Soviet Union Republics which issued these documents, information on the grounds for rehabilitation and give an opinion on requests The relevant departments shall, in dealing with the matters referred to in article 12, paragraph 2, of this Law. Courts, organs of the Procurator's Office and the internal affairs of the Russian Federation, federal State security organs, State archives and archives of cases involving repression, at the request of the State and Public organizations as well as citizens of the former Soviet republics of the USSR provide legal assistance in matters relating to rehabilitation, including the transmission of excerpts from cases, copies of documents and other fact-finding materials. Reprisals, confiscation, seizure and loss of property. "; parts one, two, and a third count, respectively, parts three, four and five; , in part three, delete the words "non-procedural character"; Part 5, after the word, are required to add the words ", if have the appropriate information, ". 13. Supplement article 12 of Part Four, reading: "Rehabilitated persons and their heirs shall be compensated for the material damage caused by the repression at the expense of the republican budget of the Russian Federation." 14. Article 13 should be amended to read: " Recognise the right of rehabilitated persons who have lost their accommodation in connection with reprisals to return to the localities and localities where they lived before being applied to them Repression. In the case of a return to the former place of residence, rehabilitated persons and their families have the right to priority housing, and rural residents are entitled to interest-free loans and priority construction housing materials. These rights also apply to members of their families and other relatives who have been living together with repressed persons before being subjected to reprisals, as well as to children born in places of deprivation of liberty, exile, exile and special settlement. In the absence of documentary evidence, the fact of forced displacement linked to the reprisals of relatives may be established by the court. ". 15. In article 14, delete the words "the USSR and the USSR". 16. In article 15: Part one, as follows: " Persons who have been subjected to repression in the form of deprivation of liberty, confinement in involuntary treatment in psychiatric institutions and subsequently rehabilitated, The social protection of the population at their place of residence on the basis of rehabilitation documents and the time spent in places of deprivation of liberty and psychiatric treatment institutions is paid at one time on the basis of three A quarter of the statutory minimum wage for each month Imprisonment or stay in psychiatric institutions, but not more than 100 statutory minimum wage levels. "; to supplement article 5 and sixth reading: " Persons who In the review of cases and the recognition of the non-substantiation of politically motivated charges, the penalty was changed for the duration of their stay in places of deprivation of liberty in excess of the time limit for the review of cases, payment of money Compensation. Monetary compensation in these cases is paid on the basis of the results of the review. Persons living outside the Russian Federation are paid monetary compensation at their place of residence in the Russian Federation prior to the use of reprisals, and in cases where the place of residence cannot be determined, at the place of application repression. ". 17. In article 16: Part one, as follows: " Rehabilitated persons and members of their families who need to improve their living conditions are entitled to priority housing and rural residents. to obtain an interest-free loan and give priority to building materials for housing construction. "; Part Two, after the first paragraph, should read: " (a) priority receipt for spa treatment and rest; b) extraordinary care Medical care and reduction of the doctor's prescription medication by 50 per cent; in), free of charge by car of a class ZAZ-968M if there is a medical condition on the motor vehicle, if there is no evidence against driving cars; g) free of charge for all kinds of urban passenger transport (except taxis), as well as road and water public transport (except taxis) within the administrative area of residence; d) free passage on commuter rail and water transport commuter routes; (e) free passage (in and back) once a year by rail, and in areas without rail transport, by water, by air or by coach, c 50 per cent of the cost of the journey; (g) reduction (for rehabilitated persons and their families with them) of accommodation and communal services by 50 per cent within the limits of the standards set out in the regulations. and the cost of fuel purchased within the limits of the rules established for the sales to people living in homes without central heating; (s) primary telephone installation; and) free telephone installation; c) Priority entry for horticultural comradeship Residential cooperatives; L) extraordinary reception in residential homes for the elderly and disabled persons, living in full state support with payment of at least 25 percent of the assigned pension; m) free of charge Dental prosthesis manufacture and repair (excluding precious prostheses) (metal), other prosthetic and orthopedic products; (c) preferential provision for food and industrial products. "; to supplement the article with parts three and four: The provisions of article 2 (a), (b) and (c) (1) This Act, which is a pensioner or disabled person. In the case of the death of rehabilitated persons, their burial shall be carried out at the expense of the State. "; parts three and four shall be considered as parts five and six, respectively, and shall be redrafted; " Rehabilitated persons and persons recognized as victims of political repression have the right to free consultation of lawyers on issues related to rehabilitation, as well as exemption from the payment of State duties and compensation for judicial proceedings. of the Convention on the Law of the Sea, The application of this Law, except for disputes between these persons and their heirs. Rehabilitated persons and persons recognized as victims of political repressions entitled to the facilities provided for in the second and third articles of this article by the executive authorities of the republics of the Russian Federation, The regions, cities of Moscow and St. Petersburg, autonomous regions, autonomous prefects, and cities and districts are issued with a certificate of a uniform model approved by the Government of the Russian Federation. " 18. Supplement the Act with article 16 (adopted. (1) to read: " Article 16 (note: 1). Rehabilitated persons shall return confiscated, seized and otherwise withdrawn from their possession in connection with acts of reprisal, or shall recover the value thereof or pay monetary compensation. Is non-refunnable, compensated or compensated: property (including residential houses), nationalized (municipalized) or nationalized (municipalization) in accordance with the law; in force at the time of confiscation, seizure, withdrawal of property from other means; property destroyed during the civil and the Great Patriotic War, as well as by natural disasters; land, fruit-berry Plantation, uncleared crops; property removed from of civilian traffic. (Paragraph is not in force-Federal Law of 22.08.2004) N 122-FZ ) By agreement with the rehabilitated persons, instead of returning in kind to a dwelling, they are given priority in the accommodation area, or are provided with housing assistance or are reimbursed The value of the dwelling house is in the order and size provided for in paragraph 6 of this article. The property shall be returned to the public and public organizations from which it is located, without reimbursement of the wear and tear of the property. If rehabilitated persons cannot be returned to rehabilitated persons, the value of the remaining property is reimbursed according to the established assessment, but not more than the 40 statutory minimum wage levels Work for property without houses or 100 statutory minimum wages for all property, including residential buildings. In the same amount, the value of the remaining property shall be reimbursed. In cases where the fact of confiscation, seizure or disposal of property is established, but no documents on the nature, condition or quantity of the property are lost or lost, monetary compensation is paid up to 40 The statutory minimum wage for non-residential property or 100 statutory minimum wage for all property, including residential buildings. In the event of the death of rehabilitated persons, the return of the property, the reimbursement of its value or the payment of monetary compensation shall be made to their heirs under the law of the First Queue. There is no inheritance tax on inheritance. Return of property, reimbursement of its value or payment of monetary compensation is made to rehabilitated persons at the location or disposal of the property at the time of the repression, regardless of where they were repressed and are currently living in rehabilitated persons. Issued prior to the adoption of this Law, the relevant authorities ' decisions on the return of the property, the reimbursement of its value or the payment of monetary compensation shall not be subject to review and the amounts paid are recalculations. Claims for the restitution of property, reimbursement of its value or payment of monetary compensation shall be made within three years of the enactment of this Law, and in the case of later rehabilitation for three years from The time of receipt of the rehabilitation documents. The decisions on the return of property, reimbursement of its value or payment of monetary compensation are made by the executive bodies of the republics of the Russian Federation, the provinces, regions, cities of Moscow and St. Petersburg, the autonomous region, the autonomous prefects and local authorities on the basis of commissions for the restoration of the rights of the rehabilitated victims of political repressions established in accordance with the Decree of the Presidium of the Supreme Soviet of the RSFSR " On commissions on Rehabilitation of the victims of political repression. " Disputes relating to the restitution of property, reimbursement of its value or payment of monetary compensation shall be resolved by the court. ". 19. Supplement article 17 by Part Two, reading: " The procedure for the payment of monetary compensation, their transfer, the granting of benefits, the restitution of confiscated property or the reimbursement of its value, the procedure for the restoration of other rights The rehabilitated persons and persons recognized as victims of political repressions are established by special provisions approved by the Government of the Russian Federation. ". 20. In paragraph 2 of article 18, the first sentence should read: " Recognized in accordance with the established procedure for the crimes against justice by members of the NCCs, the PGO, the NKVD, the MGB, the Public Prosecutor's Office, the judges, members Commissions, "special meetings", "double", "triples", employees of other bodies exercising judicial power, persons involved in the investigation and handling of cases of political repression, are criminally responsible under the law criminal law. ". 21. (Spconsumed by Federal Law of 22.08.2004) N 122-F) 22. In the title and the text of the Act, replace the word "RSFSR" with the words "the Russian Federation" in the corresponding document. President of the Russian Federation B. AGRCIN Moscow, House of the Russian Federation 3 September 1993 N 5698-I