On Introducing Changes And Additions Into The Law Of The Russian Federation "on Federal Public Security"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О федеральных органах государственной безопасности"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102024627

Expired-the Federal law dated 03.04.95ã. N 40-FZ z and c o n RUSSIAN FEDERATION on amendments and additions to the law of the Russian Federation "on federal State security" article 1. To the law of the Russian Federation "on federal organs of State security" (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 32, p. 1871) the following amendments and supplements: 1. Item "d" of the first paragraph of article 2, after the word "terrorism", add the words "and unlawful assault on the constitutional system of the Russian Federation".
2. In article 6: in paragraph 2, the words "cities of Moscow and St. Petersburg" was replaced by "certain regions of the Russian Federation, the city of Moscow and Moscow region, Saint-Petersburg and Leningrad region (territorial units);" after the words "authorities of the border guard" add the words "(operational organs of the border troops)";
in paragraph 3, after the words "create unit" add the words "and institutions" after the word "preparation" Supplement, the word "retraining", the words "educational institutions" should be replaced by the words "educational institutions professional education (schools)", the words "under the authority" should be deleted.
3. Part three of article 7 shall be amended as follows: "the structure and organization of activity of the Ministry of security of the Russian Federation shall be determined by the provisions of the Ministry of security of the Russian Federation, approved by the President of the Russian Federation and its States are approved by the Minister of security of the Russian Federation within the Ministry of security of the Russian Federation population and budget allocations.
4. In the title and text of article 8, the words "cities of Moscow and St. Petersburg" was replaced by "certain regions of the Russian Federation, the city of Moscow and Moscow region, Saint-Petersburg and Leningrad region (territorial authorities)".
5. In the title and text of article 10, after the words "authorities of the border guard" add the words "(operational organs of the border troops).
6. In article 11: in the title of the article, the words "and individuals" were replaced by the words "(organizations) of the Russian Federation, as well as with foreign intelligence services and organizations";
in the first part of the word "and" should be replaced by the word "(organizations)"; complement the part with the following sentence: "the relationship between the federal bodies of State security with foreign intelligence services and organizations are established on the basis of international agreements of the Russian Federation.";
part three shall be amended as follows: "in order to meet the challenges of ensuring the security of the Russian Federation to State authorities, ministries, State committees and departments, enterprises, institutions and organizations, the Minister of security of the Russian Federation may be seconded by members of the armed forces of the federal bodies of State security. The secondment of military personnel of the federal bodies of State security is carried out in accordance with special regulations. ";
in the fourth part, the words "the tasks defined by the present law" were replaced by the words "its tasks."
7. Article 12: paragraph "b" of the word "work" was replaced by "activities" and complete the paragraph with the following sentence: "how to use undercover methods and means of intelligence activities is determined by the regulations of the Ministry of security of the Russian Federation adopted in agreement with the relevant Committee of the Supreme Soviet of the Russian Federation which have been attributed to security issues";
point "d" add the words "and illegal encroachments on the constitutional system of the Russian Federation";
supplement article points "p", "p" and "c" as follows: p) to identify in the territory of the Russian Federation of radio transmission of radio-electronic means, which constitutes a threat to the security of the Russian Federation, as well as being used for illegal purposes; to conduct registration and centralized registration of radio data and radio transmission of radio-electronic means;
p) in accordance with the law, within the limits of their competence to participate in matters relating to citizenship of the Russian Federation and exit, entry into the territory of the Russian Federation and exit from the Russian Federation Russian Federation citizens, foreign citizens, persons without citizenship, as well as to ensure the regime of stay of foreign citizens and stateless persons on the territory of the Russian Federation;
c) participate, within its competence, monitor the compliance with the rules of the regime of the State border of the Russian Federation, edge treatment and at crossing points on the State border of the Russian Federation, as well as customs regime. "
8. Article 13: part one:

"and", the words "and repression" were replaced by the words "Suppression and disclosure", after the words "the federal bodies of State security," add the words "as well as to participate in the identification, prevention, repression and crimes involving infringement of the constitutional order of the Russian Federation, organized crime, terrorism, corruption and drug trafficking," after the words "as well as" add the words "to carry out intelligence activities";
item b shall be amended as follows: "b) carried out in accordance with the laws of the Russian Federation inquiry and preliminary investigation of offences, the investigation of which assigned by law to the conduct of federal organs of State security, as well as to participate in the investigation of offences related to organized crime, terrorism, corruption and drug trafficking";
the item "e" shall be amended as follows: "(e)) to enter the dwelling or other premises belonging to citizens, to their land in the territory and premises of enterprises, institutions and organizations irrespective of form of ownership in repressing crime, the investigation of which assigned by law to the conduct of federal organs of State security, and the pursuit of persons suspected of committing them, when delay may endanger the life and health of citizens and also to ensure public security during natural disasters, catastrophes, accidents, epidemics, epizootics and mass riots.
All such occurrences in residential and other citizens owned premises of federal public security organs shall notify the Prosecutor within 12:00 am ";
Supplement part paragraphs "m", "n" and "o" as follows: "m) to conduct forensic and other expertise and research;
n) to pay in accordance with the law of the Russian Federation "on operational investigative activities in the Russian Federation" at the expense of funds allocated from the Republican budget of the Russian Federation Ministry of security of the Russian Federation on investigative activities, pensions to persons providing indirect assistance to the federal bodies of State security, and members of their families in cases where this is caused by the necessity to guarantee their rights and social protection;
about) to carry out in the manner prescribed by the legislation of the Russian Federation, the administrative detention of persons who have committed violations of the State border of the Russian Federation, the border regime, regime at crossing points on the State border of the Russian Federation, customs regime, and persons who have committed offences relating to attempts to infiltration and penetration on specially protected areas osoborezhimnyh objects, closed administrative-territorial formations and other protected objects, and you can also check these individuals have documents identity, obtain explanations, to exercise their personal examination, inspection and seizure of their belongings and documents. ";
in the second part the words "this Act" were replaced by the words "the laws of the Russian Federation".
9. Article 14 shall be amended as follows: ' article 14. Federal State security bodies, the federal public security organs are equipped with military and civilian personnel (employees and workers). Soldiers of the Federal State security bodies (except for soldiers performing military service conscripts), as well as those of civilian personnel assigned to military posts, are employees of the federal organs of State security.
The staffing of federal bodies of State security (without taking into account the number of research, medical units and personnel, exploitation, protection and maintenance of the buildings and facilities of federal organs of State security) is established by the President of the Russian Federation by agreement with the Supreme Council of the Russian Federation. The number of military personnel, civilian personnel, scientific research, medical units and personnel, exploitation, protection and maintenance of the buildings and facilities of federal organs of State security shall be established by the Minister of security of the Russian Federation within the budget allocated for these purposes the Ministry of security of the Russian Federation.
The federal public security troops undergo military service in accordance with the law on military service of citizens of the Russian Federation, taking into account the characteristics established by the present law, due to the specificity of their functions.
Soldiers of the federal bodies of State security military ranks are assigned in accordance with article 46 of the law of the Russian Federation "on military conscription and military service", and the Minister of security of the Russian Federation-no higher military rank of General of the army.

With soldiers of the federal bodies of State security with the military rank of senior or higher officers who have reached the age limit for military service and are highly qualified, an additional contract could be concluded for a period of five years, plus up to five one-year contracts. When this age limit stay in military service military personnel with military ranks senior officers should not exceed 55 years, and the military, with military ranks higher officers, 60 years.
Duties and rights of servicemen of the federal bodies of State security shall be determined by the present Law, legislative or other regulatory acts of the Russian Federation.
Duties, rights and privileges of the civilian personnel of the federal bodies of State security shall be determined by the legislation of the Russian Federation on labour relations, the public service, the regulation on the service employees in the federal public security approved by the Government of the Russian Federation in accordance with the relevant standing committees of Chambers and committees of the Supreme Council of the Russian Federation, as well as other normative acts of the Russian Federation.
An employee of the federal bodies of State security may be given the title of "honorary officer of the federal bodies of State security".
The awarding of the honorary sign "honorary officer of the federal bodies of State security", the President of the Russian Federation shall be made on the recommendation of the Minister of security of the Russian Federation.
Regulation on giving the sign of "honorary officer of the federal bodies of State security" is approved by the President of the Russian Federation.
10. the third paragraph of item 4 of article 15 shall be amended as follows: "employees of the federal public security authorities are prohibited from organizing strikes and participation in them, any kinds of entrepreneurial activity, as well as combining military service with work in enterprises, institutions and organizations, except scientific, teaching lessons and creative activities (if it does not impede the execution of the duties of military service), except when this is caused by the service may require. They are prohibited from assisting individuals and legal entities using his official position in carrying out entrepreneurial activity, as well as receive assistance of remuneration and benefits. Civilian personnel of federal organs of State security are prohibited from organizing strikes and participation in them, as well as the occupation of any kinds of business. ".
11. Article 16 shall be amended as follows: "article 16. Legal and social protection of the staff and the civilian personnel of the federal organs of public security, the State guarantees the legal and social protection of staff members and civilian personnel of federal organs of State security. Law and social protection of the staff of the Federal State security shall be governed by the law of the Russian Federation regarding the status of military servicemen ", other laws and other normative acts of the Russian Federation.
Employees of the federal public security throughout the territory of the Russian Federation enjoy the right to free travel on all public transport urban, suburban and local messages (except taxis) and in rural areas-associated transport. In addition, the federal public security organs serving to transport objects, are entitled to free travel on trains, on the River, ships and aircraft within their territories.
The staff of the federal organs of State security, using personal transportation for official purposes, shall be paid monetary compensation in the amount established by the Government of the Russian Federation.
The staff of the federal bodies of State security phones in the place of residence shall be established within one year from the date of submission of the application.
Pension order federal public security troops and members of their families shall be determined by the legislation of the Russian Federation concerning pension security of persons, military service.
Pension order civilian personnel of federal organs of State security is determined by the legislation of the Russian Federation on State pensions.
Soldiers of the federal organs of State security are considered military service as acting in cases referred to in article 36 of the law of the Russian Federation "on military conscription and military service".
12. Article 17, paragraph 1, delete the words "in certain cases of contract".
13. in paragraph 3 of article 20: the first paragraph shall be amended as follows:

"The land provided to support the activities of the federal bodies of State security, are exempt from land tax. The property of the federal bodies of State security (including the buildings, businesses, equipment), created (created) or acquired (purchased) due to budgetary or other resources of the Russian Federation is a federal property of the Russian Federation. ";
supplement paragraph a new paragraph to read as follows: "enterprises, institutions and organizations created (created) for the activities of the federal bodies of State security or their economic management (regardless of the source of financing of these enterprises, institutions and organizations) are not subject to privatization."
14. law supplement articles 5-1, 16-1 and 18-1 as follows: "article 5-1. Information about the protection of federal organs of State security of the person taken into military service (work) in the Federal State security organs, as well as permitted to information about federal public security, pass the procedure of admission to the information constituting a State secret, if otherwise is not stipulated by the laws of the Russian Federation. This procedure includes a commitment not to disclose this information.
A person admitted to the federal bodies of State security information constituting State secret, is responsible for their unauthorized disclosure in accordance with the procedure provided by law.
Archives of the federal bodies of State security, representing the historical and scientific value, rassekrechivaemye in accordance with the legislation of the Russian Federation, are available for use by representatives of science, culture and public associations (organizations), the media and citizens in the manner prescribed by the legislation of the Russian Federation on State archives.
Materials of the federal organs of State security, containing information about their staff, persons providing or providing confidential assistance the Federal State security bodies, the bodies of methods and tools to solve operational and maintenance tasks are stored in the archives of the federal bodies of State security. ";" Article 16-1. Medical support staff, civilian personnel, retired federal public security organs and their families health Federal State security organs shall be carried out in accordance with the law of the Russian Federation on the status of military servicemen ", other laws and other normative acts of the Russian Federation.
Medical assistance to civilian personnel of the federal bodies of State security in military medical units, units and institutions of the Ministry of security of the Russian Federation (hereinafter referred to as the military medical institutions) is free of charge.
In the absence of a place of work or place of residence of the civilian personnel of the federal bodies of State security military medical institutions or, in the absence of these institutions in the respective office or special medical equipment, as well as in emergency medical assistance to these persons is provided freely in health institutions irrespective of their departmental subordination.
Funds spent on treatment (examination) officers and civilian personnel of federal organs of State security, including providing the staff of drugs, medical products, manufacture and repair of dentures (except dentures made of precious metals) in health institutions of other ministries and departments, shall be reimbursed by the Ministry of security of the Russian Federation in the presence of an appropriate conclusion (directions) medical institutions to which they are attached to health care.
Time spent by employees of the federal bodies of State security on the treatment received in the performance of duty injuries, contusions or injuries is not limited.
Free health care at military medical facilities is available to family members (wives, husbands, children under the age of 18 years) in the Federal State security bodies, individuals, their dependants, as well as children under the age of 18 years of civilian personnel of federal organs of State security.

The rights and benefits of employees of the federal bodies of State security and members of their families, referred to in paragraphs 1, 4 and 5 of this article apply to citizens discharged from military service of the federal bodies of State security on the age limit for military service, in recognition of their military-medical Commission not selected or partially fit for military service (for health reasons), as well as the organizational and staffing activities provided that the total duration of their military service is 20 years or more (preferential terms), and members of their families.
Medical support program military personnel, civilian personnel, citizens discharged from military service, and their family members in the military medical institutions, as well as in the system of federal organs of State security, sanitary and anti-epidemic measures are determined by the Ministry of security of the Russian Federation.
Financing of the military medical institutions of the Federal State security are carried out at the expense of the Republican budget of the Russian Federation in the amounts resulting from the features of military service (work) in the Federal State security.
Funds appropriated for this purpose and not expended during the year listed on extrabudgetary accounts of the Ministry of security of the Russian Federation and used in the future on the development of military medical institutions. " Article 18-1. Conditions and limits on the use of federal public security officers of physical force, special means and firearms may be employees of the federal bodies of State security shall have the right to use physical force, including combat fighting techniques, special means and firearms application and use in the cases and pursuant to the procedure provided for in articles 12-16 of the Act of the RSFSR "on militia" members and charters. "
Article 2. This law shall enter into force on the date of its publication, with the exception of the sixth and seventh paragraphs of paragraph 9 of article 1 of this law, which shall enter into force after appropriate revisions have been made to the law of the Russian Federation "on military conscription and military service".
Russian President Boris Yeltsin in Moscow, the Russian House of Soviets July 1, 1993 N 5306-I