On Operatively-Search Activity

Original Language Title: Об оперативно-розыскной деятельности

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102037058

RUSSIAN FEDERATION FEDERAL LAW on investigative activities adopted by the State Duma July 5, 1995 onwards (as amended by the federal laws of 18.07.97 N-101 FZ;
from 21.07.98 N 117-FZ; from 05.01.99 N 6-FL;
from 30.12.99 N 225-FZ; from 03/20/2001 N 26-FZ;
from 01/10/2003 N 15-FL; 30.06.2003 N 86-FZ;
from 06/29/2004 N 58-FZ; from 22/08/2004, no. 122-FZ;
from 02.12.2005 N 150-FZ; from 24.07.2007 N 211-FZ;
from 24.07.2007 N 214-FZ; from 29.04.2008 N 58-FZ;
from 22.12.2008 N 272-FZ; on 25.12.2008 N 280-FZ;
from 26.12.2008 N 293-FZ; from 28.12.2010. N 404-FZ;
from 21 N 329-FZ; from 08 N 424-FZ;
from 10 N 114-FZ; from 2012 N 207-FZ;
from 05.04.2013 N 53-FZ; from 28.06.2013 N 134-F3;
from 02.11.2013 N 302-FZ; from 21.12.2013 N 369-FZ;
from 29.06.2015 N 170-FZ; from 29.06.2015 N 173-FZ) this federal law defines the contents 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.
Chapter i. GENERAL PROVISIONS with tons and tons of b I 1. Operatively-search activity of operatively-search activity-activity carried out openly and secretly operational units of the State bodies, authorized herein (hereinafter-bodies carrying out investigative activities), within the limits of their powers by carrying out of operatively-search actions in order to protect the lives, health, rights and freedoms of man and citizen, property, security, society and the State against criminal encroachments.
T s t b I 2. Operatively-search activity tasks Tasks operatively-search activity are: identification, prevention, suppression and detection of crime, as well as the identification and establishment of persons preparing, committing or have committed;
implementation of tracing fugitives from organs of inquiry, investigation and trial, deviating from criminal punishment, as well as the tracing of missing persons;
obtaining information about events or actions (inaction), endangering the public, military, economic, or environmental security of the Russian Federation;
(As amended by the federal laws of 02.12.2005 N 150-FZ; from 21.12.2013 N 369-FZ), setting the property to be confiscated. (The paragraph is supplemented by federal law from 25.12.2008 N 280-FZ) t s t b I 3. Principles of operatively-search activity operatively-search activity is based on the constitutional principles of the rule of law, respect for and observance of human rights and freedoms, as well as on the principles of conspiracy, combination of vowels and covert methods and tools.
T s t b I 4. The legal basis of the legal basis of the investigative activities shall be the Constitution of the Russian Federation, this federal law, other federal laws and adopted in accordance with them other normative legal acts of the federal authorities.
Authorities conducting investigative activities, within its competence, in accordance with the legislation of the Russian Federation regulations governing organization and tactics of carrying out of operatively-search actions.
Organization and tactics of holding the organs of Internal Affairs of the Russian Federation, the Customs authorities of the Russian Federation, Federal service of execution of punishments, bodies for monitoring the trafficking of narcotic drugs and psychotropic substances of operatively-search actions (except monitoring conducted in open terrain, vehicles and public areas) using special equipment designed to secretly get information, identifies departmental normative acts, agreed with the Federal Security Service of the Russian Federation. (Part is supplemented by federal law from 29.06.2015 N 170-FZ) t s t b I 5. Respect for the rights and freedoms of man and citizen in the implementation of investigative activities Bodies (officials), carrying out investigative activities, at carrying out of operatively-search actions should ensure the observance of human and civil rights to inviolability of private life, personal and family privacy, the inviolability of domicile and correspondence. (New part one supplemented by federal law from 05.01.99 N 6-FZ) not allowed implementation of investigative activities in order to achieve the goals and objectives that are not stipulated by this federal law.
A person who believes that the actions of the authorities which carry out investigative activities, violate his rights and freedoms, and have the right to appeal against these acts to a higher body, carrying out investigative activities, the public prosecutor or the Court.

A person whose guilt in committing an offence is not proven guilty in a manner prescribed by law, that is, in respect of which criminal case denied any criminal case dismissed due to lack of events of the crime or the lack of crime in the Act, and which has the facts with respect to his conduct of operatively-search actions and believed that their rights had been violated, has the right to recover from the body conducting investigative activities, information about received information about it, within the limits permitted by the requirements of secrecy and exclude disclosure of State secrets. If denied the requested information or if the person believes that the information is not received in full, it shall have the right to appeal against it in court. During the trial the duty to prove the validity of the refusal to grant that person information, including full, 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, shall provide to the judge at the request of operatively-Office documents containing information about what information to provide to the applicant refused, except for the information about persons that are embedded in the organized criminal groups, on established covert employees of bodies which carry out investigative activities, and provide them with assistance on a confidential basis.
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 4 of this article. (As amended by the Federal law of 02.12.2005 N 150-FZ) obtained as a result of carrying out of operatively-search actions on persons found committing a crime not proven guilty in a manner prescribed by law, are kept for one year and then destroyed, if the service interests or justice otherwise require. Phonograms and other materials obtained through interception of telephone and other conversations persons against whom criminal proceedings had been instituted, will be destroyed within six months after the audition, what is the proper protocol. Three months before the date of the destruction of materials reflecting the results of the investigations carried out on the basis of a judicial decision, the judge concerned shall be notified. (As amended by the Federal law dated 03/20/2001 N 26-FZ) bodies (officials), carrying out investigative activities, it is prohibited to carry out operational-search actions in favour of any political party, public and religious associations;
take an unspoken participated in the federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government, as well as registered in the established order and non-proscribed political parties, public and religious associations, in order to influence the nature of their activities;
to disclose information that affect the inviolability of private life, personal and family privacy, honour and good name of citizens and which became famous during carrying out of operatively-search actions, without the consent of the citizens, except for the cases stipulated by federal laws;
incite, induce, induce, in direct or indirect forms to commit illegal acts (provocation); (The paragraph is supplemented by federal law from 24.07.2007 N 211-FZ) to rig the results of investigative activities. (The paragraph is supplemented by federal law from 24.07.2007 N 211-FZ) 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 the judge in accordance with the legislation of the Russian Federation shall be obliged to take measures to restore these rights and legitimate interests, compensation for harm caused.
Violation of this federal law in carrying out investigative activities shall be punishable under the legislation of the Russian Federation. (Parts one-ninth count respectively parts of the second to tenth in the revision of the Federal law on 05.01.99 N 6-FZ), chap. II. CARRYING OUT of operatively-search actions t s t b I 6. Operational-search actions in carrying out investigative activities are conducted by the following operational-search actions: 1. Survey. (As amended by the Federal law on 05.01.99 N 6-FZ)
2. Inquiry.
3. collection of samples for comparative study.
4. Check purchase.
5. the study of objects and documents.
6. monitoring.
7. Identification of the individual.
8. Inspection of premises, buildings, structures, sites and vehicles.

9. inspection of mail, Telegraph and other messages.
10. listening to telephone conversations.
11. removal of information from the technical communication channels.
12. Speedy implementation.
13. Controlled delivery.
14. the operational experiment.
The list of operatively-search actions may be amended or supplemented only by federal law.
During carrying out of operatively-search actions used by information systems, video and audio, film and photography, as well as other technical and other means, are not harmful to the life and health of people and does not cause harm to the environment Wednesday.
Investigative activities related to the control of mail, Telegraph and other messages, listening to telephone conversations with connecting to station equipment of enterprises, institutions and organizations irrespective of their form of ownership, physical and legal entities providing services to and communications with the removal of the information from the technical communication channels, using operational forces and means the organs of the Federal Security Service, internal affairs agencies and bodies to monitor the trafficking of narcotic drugs and psychotropic substances in a manner determined by the interagency regulatory acts or agreements between the bodies carrying out investigative activities. (As amended by the federal laws of 30.12.99 N 225-FZ; 30.06.2003 N 86-FZ) officials, 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 and other expertise, as well as individual citizens with their consent in a transparent and silent manner.
Prohibits the carrying out of operatively-search actions and the use of special and other technical tools (designed, adapted, programmed) to secretly obtain information not authorized by this federal law, natural and legal persons.
Import and export to the Russian Federation beyond special technical means intended for secretly obtaining information not authorized by implementation of operatively-search activity by individuals and legal entities are subject to licensing in order to be determined by the Government of the Russian Federation. (As amended by the Federal law dated 01/10/2003 N 15-FZ), list of the types of special technical means intended for secretly obtaining information during implementation of the operatively-search activity, shall be established by the Government of the Russian Federation.
Development, production, sale and purchase for the sale of special technical means designed to secretly get information, individual entrepreneurs and legal entities engaged in entrepreneurial activities, subject to licensing in accordance with the legislation of the Russian Federation. (Part is supplemented by federal law from 01/10/2003 N 15-FZ) t s t b I 7. Grounds for carrying out of operatively-search actions grounds for carrying out of operatively-search actions are: 1. The presence instituted criminal proceedings.
2. Gained authorities involved in investigative activities, information about: 1) signs prepared, committed or committed a wrongful act, as well as on persons committing or preparing it committed, if you do not have sufficient data to address the issue of criminal prosecution;
2) events or actions (inaction), endangering the public, military, economic, or environmental security of the Russian Federation; (As amended by the federal laws of 02.12.2005 N 150-FZ; from 21.12.2013 N 369-FZ) 3) persons, fugitives from organs of inquiry, investigation or trial or deviating from criminal punishment;
4) persons, missing persons, and the discovery of unidentified corpses.
3. Orders the investigator, head of an investigative body, a body conducting an inquiry or determine criminal court proceedings, and verify messages about crime in their production. (As amended by the federal laws on 24.07.2007 N 214-FZ; from 28.12.2010. N 404-FZ; from 05.04.2013 N 53-FZ) 4. Requests from other bodies which carry out investigative activities, on grounds specified in this article.
5. the decision on the application of the security measures in respect of the protected persons, carried out by the authorized State bodies in the manner prescribed by the legislation of the Russian Federation.
6. Requests the international law enforcement organizations and law enforcement agencies of foreign States in accordance with the international treaties of the Russian Federation.
Authorities conducting investigative activities, within their terms of reference may also collect the data needed for decision-making: 1. On admission to the information constituting a State secret.

2. On admission to work involving the exploitation of objects that represent a high risk to human life and health, as well as for the environment Wednesday.
3. On admission to participate in investigative activities or on access to materials, derived from its implementation.
4. On the establishment or maintenance of a cooperative relationship with the person in the preparation and carrying out of operatively-search activity.
5. Security bodies which carry out investigative activities.
6. On the granting or revocation of a license for carrying out private detective or security activities, on the reissue of documents certifying the availability of licenses issuing (extension of cancellation) identity for a private security guard. (As amended by the Federal law of 22.12.2008 N 272-FZ)
7. (repealed-Federal Act of 21 N 329-FZ) 8. On the reliability of the information about the legality of the origin of money, values and other assets and income from them from close relatives, relatives and close persons of the perpetrator of a terrorist act if there are reasonable grounds to believe that the money, valuables and other assets received as a result of terrorist activities, but not before the beginning of the established fact of participation of the individual perpetrator of an act of terrorism, terrorist activity and (or) are income from such property. (Para supplemented by federal law from 02.11.2013 N 302-FZ), operatively-search activity, where requested, in accordance with the Federal law of December 25, 2008 year N 273-FZ "on counteracting corruption", other normative legal acts of the Russian Federation in the field of counteraction of corruption, within the limits of their powers, conduct investigations for the purpose of obtaining information needed for decision-making: 1. On the reliability and completeness of information submitted in accordance with the Federal constitutional laws and federal laws by citizens seeking to fill: 1) public posts of the Russian Federation, federal constitutional laws if federal laws or otherwise to verify specified information;
2) civil service positions of the subjects of the Russian Federation;
3) posts of Heads of municipalities, municipal posts filled on a permanent basis;
4) positions in the federal public service;
5) posts State civil service subjects of the Russian Federation;
6) posts of the municipal service;
7) positions in public corporations, pension fund of the Russian Federation, the social insurance fund of the Russian Federation, the Federal compulsory medical insurance fund and other organizations created by the Russian Federation on the basis of federal laws;
8) separate posts filled on the basis of an employment contract in the organizations created to perform tasks assigned to the Federal Government agencies.
2. On the reliability and completeness of information provided by individuals, superseding posts referred to in paragraph 1 of this part, if a federal constitutional laws and federal laws do not set a different procedure for checking the reliability of the information.
3. the observance of others, superseding posts referred to in paragraph 1 of this part, limitations and restrictions which are prescribed by the Federal law of December 25, 2008 year N 273-FZ "on counteracting corruption, prevention or resolution of conflicts of interest and their performance of duties established by federal constitutional laws, federal laws and laws of constituent entities of the Russian Federation if the Federal constitutional laws or federal laws not installed another procedure for the verification of compliance with specified persons data restrictions and prohibitions requirements on the prevention or solution of the conflict of interest and duty.
4. On the reliability and completeness of information provided by the citizen applying for judgeships.
(Part is supplemented by federal law from 21 N 329-FZ) t s t b I 8. The conditions for carrying out of operatively-search actions citizenship, nationality, gender, place of residence, property, and social status, affiliation to public associations, religion and political beliefs of individuals does not constitute an obstacle to the conduct with regard to their investigations on the territory of the Russian Federation, unless otherwise stipulated in the Federal law.
Carrying out of operatively-search actions that restrict the constitutional rights of the person and citizen to the confidentiality of correspondence, telephone conversations, postal, Telegraph and other messages sent over networks of telecommunication and postal communications, as well as the right to inviolability of the home is permitted on the basis of a court decision and if there is information: (as amended by the Federal law on 05.01.99 N 6-FZ)

1. Signs of forthcoming committed or committed a wrongful act for which a preliminary inquiry is obligatory.
2. The persons preparing the committing or have committed a wrongful act for which a preliminary inquiry is obligatory.
3. About events or actions (inaction), endangering the public, military, economic, or environmental security of the Russian Federation. (As amended by the federal laws of 02.12.2005 N 150-FZ; from 21.12.2013 N 369-FZ), that cannot afford delay and may lead to the Commission of serious or particularly serious offences, as well as with the availability of data about events and actions (inactions), endangering the public, military, economic, or environmental security of the Russian Federation, by a reasoned decision of the body conducting investigative activities, it is allowed to operatively-search actions provided by paragraph 2 of this article , with obligatory notification of Court (judge) for 12:00 am. Within 48 hours from the moment of the beginning of the operative-search activities of the authority, its carrying out, must obtain a judicial decision for such operational-search actions or stop it. (As amended by the federal laws of 02.12.2005 N 150-FZ; from 21.12.2013 N 369-FZ) tapping of telephone and other conversations are permitted only in respect of persons suspected or accused of committing offences of medium gravity, serious or particularly serious offences, as well as persons who may have information about these crimes. Phonogram, obtained by interception of telephone and other conversations are stored under seal under conditions excluding the possibility of their listening and replication by outsiders. (New paragraph 4 amended by Federal Act dated 03/20/2001 N 26-FZ; as amended by federal law from 24.07.2007 N 211-FZ) in the case of criminal proceedings against a person, phone and other negotiations which tapped in accordance with this federal law, phonogram and paper storage negotiations passed the investigator to inclusion in a criminal case as evidence. Further use is determined by the criminal procedure legislation of the Russian Federation. (New part five is supplemented by federal law from 03/20/2001 N 26-FZ) in case of threat to life, health, property of individuals on their application or with their consent, in writing, permitted to listen to negotiations with their phones, by Decree, approved by the head of the body conducting investigative activities, with obligatory notification of relevant court (judges) within 48 hours.
Check the purchase or delivery of controlled objects, substances and products, a free implementation of which is prohibited or restricted, as well as the operational experiment or operational introduction, officials which carry out investigative activities, as well as persons providing them, conducted on the basis of regulations approved by the head of the body conducting operatively-search activity.
Online experiment is allowed only to the detection, prevention, suppression and exposure of crimes moderate, serious or particularly serious crime, as well as to detect and identify those committing or preparing them the perpetrators. (As amended by the federal laws of 02.12.2005 N 150-FZ; from 24.07.2007 N 211-FZ) at carrying out of operatively-search actions on grounds provided for by paragraphs 1-4, 6 and 7 of part 2 of article 7 of this federal law, prohibits the implementation of actions referred to in paragraphs 8-11 of article 6 hereof. (As amended by federal law from 25.12.2008 N 280-FL) operational-search actions security bodies which carry out investigative activities, are carried out in accordance with this federal law and solely within the powers of the bodies established by the relevant legislative acts of the Russian Federation. On the grounds referred to in paragraph 5 of part 2 of article 7 of this federal law, shall be permitted to carry out the actions referred to in paragraphs 8-11 of article 6 without a judicial decision with the consent of the citizen in writing. (Part of fourth-eighth take sixth to tenth parts respectively, as amended by the Federal law dated 03/20/2001 N 26-FZ) Article 8-1. Features of the operational units of the Federal Security Service of operatively-search actions in the sphere of foreign investments in business companies of strategic importance for national defense and security of the State

In order to determine whether the establishment of a foreign investor or a group of persons that includes a foreign investor control over a business partnership with strategic significance for ensuring the defence of the country and the security of the State, as well as the existence between the foreign investor and the third party agreement and (or) their concerted action aimed at establishing such control, operational units of the federal security service organs have the right to conduct referred to in article 6 of this federal law investigative activities. The results of the investigative activities of the operational units of the federal security service can be used in proving to referred to in article 15 of the Federal law "on the procedure for foreign investments in business companies of strategic importance for national defense and security of the State" lawsuits. (Article supplemented by federal law from 29.04.2008 N 58-FZ) t s t b I 9. The grounds and procedure for the judicial review of the restrictions on the constitutional rights of citizens during carrying out of operatively-search actions review of materials relating to the limitation of citizens ' constitutional rights to privacy of correspondence, telephone conversations, postal, Telegraph and other messages sent over networks of telecommunication and postal communications, the inviolability of the home during carrying out of operatively-search actions carried out by the Court, as a rule, at the place of such events or at the location of the applicant authority on its conduct. In case of justified fears regarding the possibility of declassification of operatively-search actions planned in respect of judges specified in paragraph 7 of the third paragraph of article 16 of the law of the Russian Federation from June 26, 1992 N 3132-(I) on the status of judges in the Russian Federation ", articles about carrying out of operatively-search actions on the basis of the decision of the President of the Supreme Court of the Russian Federation or his Deputy, adopted following its consideration of the petition of the authority conducting operatively-search activity may be submitted for consideration in any other equivalent court. (As amended by the Federal law dated 10/N 114-FZ) these materials are considered authorized by a judge sitting alone, if the legislation of the Russian Federation is not installed another procedure for their consideration, and immediately. The judge (Court) may not deny consideration of such materials in the event of their submission. (Part is supplemented by federal law from 10 N 114-FZ) basis for decision by a judge of the issue of the conduct of the use of events, restricts the constitutional rights of citizens referred to in paragraph 1 of this article, is a reasoned decision of the body conducting operatively-search activity. The list of categories of such leaders is established departmental regulations.
On demand the judge he may be also other materials concerning the justification for the use of operational activities, except for data on persons that are embedded in the organized criminal groups, on established covert employees of bodies which carry out investigative activities, and provide them with assistance on a confidential basis, on the Organization and on the tactics of carrying out of operatively-search actions.
Based on the results of consideration of the materials the judge permit the corresponding operative-search activities, which restricts the constitutional rights of citizens referred to in paragraph 1 of this article, or rejects it, what makes a reasoned decision. Regulation, sealed, is issued to the initiator for investigation investigation activities simultaneously with the return of submitted materials.
The period of validity of the judgment delivered by the magistrate is calculated in days from the date of its issuance and may not exceed six months, unless otherwise specified in the order, while during the period is not interrupted. If necessary, extend the validity of the rulings of the judge shall render a judgment based on the submissions again.
A judge refused to conduct investigation activities, which restricts the constitutional rights of citizens referred to in paragraph 1 of this article, the authority conducting investigative activities, shall have the right to appeal on the same issue to a higher court.
Judicial leaders create conditions which protect intelligence, are contained in the reports submitted to the judge promptly-official documents.
T s t b I 10. Information and documentation of investigative activities, the investigative activities, to address the tasks assigned to them by this federal law, can create and use information systems, as well as making the case operational records.

The case of the operational accounting are wound on the grounds provided for in clauses 1-6 of the first paragraph of article 7 of this federal law to collect and organize information, verify, and assess the results of investigative activities, as well as the adoption on the basis of the relevant decisions of their organs, carrying out investigative activities.
Fact responsive institution of a case does not constitute grounds for restricting the constitutional rights and freedoms and lawful interests of individuals and citizens.
Case records management is ceased in case of specific tasks of operatively-search activity, referred to in article 2 hereof, as well as establishing the circumstances indicate the objective inability to meet these challenges.
List of affairs operational records and order their reference determined by normative acts of the bodies which carry out investigative activities.
T s t b I 11. Using the results of operatively-search activity results of operatively-search activity can be used for the preparation and implementation of investigative and judicial actions, carrying out of operatively-search actions for the identification, prevention, suppression and exposure of crimes, the identification and establishment of persons preparing, committing or having committed, as well as to search for persons hiding from the organs of initial inquiry or investigation and trial, deviating from the execution of the penalty and missing persons, the property liable to confiscation, to decide on the validity of the submitted State or municipal employees or citizen applying for the post of judge of the information provided by federal laws. (As amended by federal law from 25.12.2008 N 280-FZ) results of operatively-search activity can serve as a pretext and justification for the institution of criminal proceedings, be submitted to the body conducting an initial inquiry, the investigator or the court handling the criminal case or material checking crime reports, and can also be used in evidence in criminal matters in accordance with the provisions of the code of criminal procedure of the Russian Federation legislation regulating the collection, verification and evaluation of evidence and in other cases stipulated by this federal law. (As amended by the federal laws on 29.04.2008 N 58-FZ; from 28.12.2010. N 404-FZ) results of investigative activities may be sent to the tax authorities to use when implementing the powers of control and supervision over observance of the legislation on taxes and fees, for submission to the Council of State interests in bankruptcy cases, as well as when implementing powers in the field of State registration of legal entities. (Part is supplemented by federal law from 28.06.2013 N 134-FZ) presentation of the results of investigative activities body conducting an initial inquiry, the investigator, the tax authority or to a court shall be carried out on the basis of the decision of the head of the body conducting investigative activities, in a manner consistent with departmental regulations. (As amended by the Federal law of 28.06.2013 N 134-FZ) results of investigative activities in respect of persons referred to in paragraphs 1-4 and 6 of part 2 of article 7 of this federal law, takes into account when deciding on their admission to specified activities.
T s t b I 12. Information security bodies which carry out investigative activities information about used or used at carrying out of operatively-search actions covert forces, media, sources, methods, plans and outcomes of operatively-search activity, on persons that are embedded in the organized criminal groups, on established covert employees of bodies which carry out investigative activities, and provide them with assistance on a confidential basis, as well as on the Organization and on the tactics of carrying out of operatively-search actions constitute a State secret and are subject to declassification only on the basis of the decision of the head of the body carrying out investigative activities.
Disclosure of information about individuals that are embedded in the organized criminal groups, on established covert employees of bodies which carry out investigative activities, as well as on persons providing or providing them with assistance on a confidential basis, is permitted only with their consent, in writing and in the cases provided for by federal laws.
The Court decision on the right to conduct investigation activities and materials, giving rise to that decision, are stored only in bodies which carry out investigative activities.

Operatively-Office documents reflecting the results of investigative activities shall be submitted to the Court (judge), the prosecutor supervising the legality of operatively-search activity, inquiry and the investigator in charge of the criminal case or material checking crime reports, other bodies carrying out investigative activities, in conformity with the procedure established by this federal law. (As amended by the federal laws on 05.01.99 N 6-FZ; from 28.12.2010. N 404-FZ), chap. III. Authorities conducting operatively-search activity with t a t b I 13. Authorities conducting operatively-search activity on the territory of the Russian Federation the right to carry out operational-investigative activities is available to operational units: 1. The internal affairs agencies of the Russian Federation.
2. Organs of the federal security service.
3. (repealed-federal law 30.06.2003 N 86-FZ) 4. The Federal Executive Body in the field of State security. (As amended by the federal laws of 18.07.97 N-101 FZ; from 08 N 424-FZ)
5. (repealed-federal law 30.06.2003 N 86-FZ) 6. The Customs authorities of the Russian Federation.
7. The foreign intelligence service of the Russian Federation.
8. The Federal Penal Correction Service. (Para supplemented by federal law from 21.07.98 N 117-FZ; as amended by the Federal law dated 06/29/2004 N 58-FZ) 9. Bodies to monitor the trafficking of narcotic drugs and psychotropic substances. (Para supplemented by federal law 30.06.2003 N 86-FZ) operational unit of the authority of the foreign intelligence service of the Russian Federation Defense Ministry conducts investigations only in order to ensure the safety of foreign intelligence of the body, and if these activities do not affect the powers of the bodies referred to in paragraphs 1, 2, 4, 6-9 the first part of this article. (As amended by the Federal law 30.06.2003 N 86-FZ) list of bodies which carry out investigative activities, may be amended or supplemented only by federal law. The heads of these bodies define a list of operational unit, authorized to carry out operational-investigative activities, their powers, structure and organization of work.
Authorities conducting investigative activities, solve certain tasks by this federal law exclusively within their terms of reference, established by the relevant legislative acts of the Russian Federation.
Operational bodies which carry out investigative activities, may be shared with employees of the penal correction system operational-search actions in remand centres of the penal correction system of the Ministry of Justice of the Russian Federation. (Part is supplemented by federal law from 21.07.98 N 117-FZ (as amended by the Federal law dated 06/29/2004 N 58-FZ)) t s t b I 14. Obligations of the bodies which carry out investigative activities when solving tasks prescribed by this federal law investigative bodies authorized activities to implement it are obliged to: 1. Take within the scope of their powers, all necessary measures to protect the human and civil rights and freedoms, property, as well as to ensure the security of society and the State.
2. to carry out within the scope of their authority in writing of a body conducting an inquiry, an investigator, head of the investigative body of the carrying out of operatively-search actions in criminal cases and materials checking messages on crime, taken them to production, as well as court decisions in criminal cases. (As amended by the federal laws on 24.07.2007 N 214-FZ; from 28.12.2010. N 404-FZ; from 05.04.2013 N 53-FZ) 3. Performed on the basis and in the manner prescribed by international treaties of the Russian Federation, requests relevant international law enforcement organizations, law enforcement agencies and special services of foreign States.
4. Inform other authorities conducting operatively-search activity on the territory of the Russian Federation, about which they have become aware of acts of illegal activity pertaining to the competence of these bodies, and to provide necessary assistance to those bodies.
5. Abide by the rules of conspiracy in carrying out investigative activities.
6. Promote, in the manner prescribed by the legislation of the Russian Federation, the security and safety of their employees, assisting the authorities involved in investigative activities, participants in criminal proceedings, as well as family members and loved ones of these persons against criminal encroachments.
T s t b I 15. Law bodies which carry out investigative activities When solving problems operatively-search activity bodies authorized to exercise, have the right:

1. to conduct transparent and behind the scenes investigative activities listed in article 6 hereof, to carry out the seizure of documents, items, materials and messages, as well as discontinue the provision of telecommunications services in the event of an imminent threat to the life and health of persons, as well as threats against the State, military, economic, or environmental security of the Russian Federation. (As amended by the Federal law of 21.12.2013 N 369-FZ) in case of seizure of documents, items, materials at carrying out of operatively-search actions vowels official carries an exemption is in accordance with the Protocol requirements of the criminal procedure legislation of the Russian Federation.
If the vowels of operatively-search actions removed documents and (or) electronic media, made copies of the documents certified by official documents, iz'javshim and (or) on the request of the lawful owner of the seized electronic media or the holder of the information contained on the information contained on the seized electronic media is copied to the other electronic media provided by the lawful owner of the seized electronic media or the holder of the information contained on them. Copies of documents and/or electronic media containing copies of redacted information is passed to the person from whom the documents were seized and (or) the lawful owner of the seized electronic media or the holder of the information contained on them, as is done in the Protocol entry. In case if the vowels of operatively-search actions cannot make copies of documents and (or) copy the information from the electronic media or transfer them simultaneously with the deletion of documents and/or electronic media specified transmit certified copies of the official documents and (or) electronic media containing copies of the seized information to the person from whom the documents were seized and (or) the lawful owner of the seized electronic media or the holder of the information contained on them within five days after the seizure , shall record in the minutes. When copying documents and (or) information contained in seized electronic media, should be provided with conditions, precluding the possibility of loss or alteration of documents and/or information. It is not allowed to copy the documents and/or the information contained in the electronic data carriers seized if it could prevent the operatively-search activity. (As amended by the Federal law dated 21.12.2012 N 207-FZ) if at the expiration of five days after the seizure of documents, certified copies of the documents were not handed over to the person from whom the documents were seized, certified copies of documents in three days should be sent by mail by registered post, of the entry in the Protocol with indication of the number of postal items.
Copies of the documents shall be sent to the address of the location of the legal person or the address of the place of residence of a natural person, specified in the Protocol.
(Paragraph as amended by federal law from 26.12.2008 N 293-FZ)
2. Install 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. Use during carrying out of 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 of private persons.
4. Use for conspiracy, documents zashifrovyvajushhie the identity of officers, institutional affiliation of enterprises, institutions, organizations, entities, premises and vehicles, bodies which carry out investigative activities, as well as the identity of citizens, providing them with assistance on a confidential basis.
5. Create, in the manner prescribed by the legislation of the Russian Federation order of the enterprises, institutions, organizations and units required for the tasks provided for in this federal law.
The legitimate claims of officials of bodies which carry out investigative activities are obligatory for execution by all individuals and entities to which such requirements.
Failure to comply with legitimate requests of officials of bodies conducting investigative activities, or to obstruct the lawful exercise of it are punishable under the legislation of the Russian Federation.
T s t b I 16. Social and legal protection of officials of bodies which carry out investigative activities for officials of bodies which carry out investigative activities, subject to safeguards for the social and legal protection of the members of those bodies, States that these persons are included.

No one has the right to interfere with the legitimate actions of officials and bodies which carry out investigative activities, except for those expressly authorized by federal law.
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 the law, specified official is obliged to be guided by the law.
While protecting the life and health of the citizens of their constitutional rights and legitimate interests, as well as to ensure the security of society and the State from criminal infringement allowed forced harm legally protected interests of the official of the body conducting investigative activities, or face having him committed when the fair execution of said person his official or public duty.
Run time, officials which carry out investigative activities, assignments in organized criminal groups, as well as their service time in the positions of established undercover staff of these bodies is credited in seniority for pension in preferential terms, in accordance with the procedure determined by the Government of the Russian Federation.
State authorities of the constituent entities of the Russian Federation and bodies of local self-government shall have the right to establish additional social protection for officials of bodies which carry out investigative activities.
CHAPTER IV. ASSISTING CITIZENS to carrying out investigative activities with the t and t b I 17. Assisting citizens to carrying out investigative activities, individuals may, with their consent, be involved in the preparation or conduct of operatively-search actions with persistence they wish to promote privacy authorities involved in 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 may not provide misleading information to specified bodies.
Authorities conducting investigative activities, may enter into contracts with adult capable persons irrespective of their nationality, ethnicity, sex, property, professional and social status, education, membership of public associations, attitude to religion or political beliefs.
Authorities involved in investigative activities, it is forbidden to use confidential assistance contract deputies, judges, prosecutors, lawyers, priests and ministers plenipotentiary representatives of officially registered religious associations.
T s t b I 18. 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.
The State shall guarantee persons who consent to facilitate contract authorities involved in investigative activities, the implementation of its obligations under the contract including guarantees legal protection related to lawful compliance with specified persons public duty or duties entrusted to them.
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 their families and loved ones of these bodies shall take the necessary measures to prevent unlawful acts, the perpetrators and bring them to justice, as provided for by the legislation of the Russian Federation.
A person from among the members of the criminal group, which had committed the wrongful act, not causing serious consequence, and tried to cooperate with the body which carries out investigative activities, actively contributed to the disclosure of crimes vozmestivshee damage or otherwise damages, zagladivshee is released from criminal liability in accordance with the legislation of the Russian Federation.
Persons cooperating with authorities conducting investigative activities, or have had assistance in discovering or establishing crimes perpetrators may receive remuneration and other payments. Such persons received the amount of remuneration and other payments are not subject to tax, and in declarations of income are not listed.

Nationals working under contract with the bodies carrying out investigative activities, as their primary occupation, have the right to pension benefits in accordance with the legislation of the Russian Federation. The period of such cooperation shall be counted as insurance periods referred to citizens on the basis of information bodies which carry out investigative activities. Procedures for the transfer of such information is determined by the head of the public body composed of operational units carrying out investigative activities. (As amended by the Federal law of 29.06.2015 N 173-FZ) in order to ensure the safety of persons cooperating with authorities conducting investigative activities, and members of their families are allowed special events for their protection in accordance with the procedure determined by legislative and other normative legal acts 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 of persons dependent on him shall be paid one-time allowance in the amount of ten-year salaries of the deceased and in the manner prescribed by the legislation of the Russian Federation shall be appointed by the survivor's pension. (As amended by federal law from 22/08/2004, no. 122-FZ) when retrieving a person working under a contract with the authorities involved operatively-search activity, trauma, injury, shock, injury, incurred in connection with his participation in carrying out of operatively-search actions and exclusive for him the possibility of further cooperation with the bodies carrying out investigative activities, the person shall be paid one-time allowance in the amount of five-year pay and in the manner prescribed by the legislation of the Russian Federation shall be appointed by the disability pension. (As amended by federal law from 22/08/2004, no. 122-FZ), while in accordance with the legislation of the Russian Federation several reasons for these lump-sum payments in cases stipulated by this article, payments are made on one ground for choosing recipient. (Part is supplemented by federal law from 22/08/2004, no. 122-FZ), chapter v. FINANCIAL SECURITY investigative activities with the t and t b I 19. Financial security investigative activities ensuring the operatively-search activity, including the social and legal protection of citizens, promote the bodies carrying out investigative activities in accordance with this federal law applies to spending obligations of the Russian Federation and is carried out in accordance with the procedure set out by the heads of State bodies, operational units which are authorized to carry out this work. (As amended by federal law from 22/08/2004, no. 122-FZ) (Repealed-Federal Act of 22/08/2004, no. 122-FZ) control over expenditure of funds allocated for operational-investigative activities carried out by managers of State bodies, consisting of operational units carrying out investigative activities, as well as specially authorized officials of the Ministry of Finance of the Russian Federation.
CHAPTER VI. Control and supervision of the operatively-search ACTIVITY with t a t b I 20. Monitoring of operatively-search activity monitoring of operatively-search activity is exercised by the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation within the powers defined by the Constitution of the Russian Federation, federal constitutional laws and federal laws.
Article 21. Prosecutorial supervision of operatively-search activity of Procuracy supervision over implementation of this federal law, the Prosecutor General of the Russian Federation and authorized them to prosecutors.
On demand indicated prosecutors heads of bodies which carry out investigative activities, represent them operatively-Office documents, including case records management, carrying out of operatively-search actions using operational funds, as well as accounting and registration documentation and departmental normative legal acts, regulating the carrying out of operatively-search actions.
Information about persons that are embedded in the organized criminal groups, on established covert employees of bodies which carry out investigative activities, as well as on persons assisting those bodies on a confidential basis shall be submitted by the relevant prosecutors only with the written consent of listed persons, except in cases requiring their criminal responsibility.
Prosecutors referred to in paragraph 1 of this article shall protect the information contained in the submitted documents and materials.

Failure to comply with the legitimate demands of the Prosecutor, arising from its powers to oversee the operatively-search activity, entails the liability established by law.
(Article in the Editorial Office of the Federal law on 05.01.99 N 6-FZ) t s t b I am 22. Departmental Managers control bodies which carry out investigative activities, bear personal responsibility for adherence to the rule of law in the Organization and carrying out of operatively-search actions.
T s t b I 23. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Shall be invalidated from the date of the enactment of this federal law of the Russian Federation law "on operational investigative activities in the Russian Federation" (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 17, p. 892; N 33, art. 1912). to invite the President of the Russian Federation and to entrust the Government of the Russian Federation to bring their normative legal acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N August 12, 1995 144-FZ