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On Operatively-Search Activity

Original Language Title: Об оперативно-розыскной деятельности

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RUSSIAN FEDERATION FEDERAL LAW On Investigative Activities Adopted by the State Duma July 5, 1995 Federal laws of 18 July 1997. N 101-FZ; dated 21.07.98 g. N 117-FZ; 05.01.99 g. N 6-FZ; of 30.12.99 g. N 225-FZ; dated 20.03.2001 N 26-FZ; of 10.01.2003 N 15-FZ; dated 30.06.2003. N 86-FZ; dated 29.06.2004 N 58-FZ; of 22.08.2004 N 122-FZ; of 02.12.2005 N 150-FZ; of 24.07.2007 N 211-FZ; of 24.07.2007 N 214-FZ; dated 29.04.2008 N 58-FZ; of 22 December 2008 N 272-FZ; of 25.12.2008 N 280-FZ; dated 26.12.2008 N 293-FZ; of 28.12.2010 n 404-FZ; of 21.11.2011 N 329-FZ; of 08.12.2011 N 424-FZ; of 10.07.2012 N 114-FZ; of 29.11.2012 N 207-FZ; of 05.04.2013 N 53-FZ; dated 28.06.2013 N 134-FZ; of 02.11.2013 N 302-FZ; of 21.12.2013. N 369-FZ; dated 29.06.2015 N 170-FZ; dated 29.06.2015 N 173-FZ) This federal law defines the operative-search activities carried out in the territory of the Russian Federation and establishes a system of guarantees of legality in the conduct of the investigation. Search and search operations. CHAPTER I. GENERAL PROVISIONS C t I am 1. Intelligence-search activities Operation-related activities-the type of activity carried out by the operational subdivisions of State bodies authorized by this Federal Law (hereinafter referred to as "the public authorities"). (a) To protect the life, health, human rights and freedoms of the individual and the citizen of the child. society and the State from criminal encroachment. C and I am 2. The tasks of search operations The tasks of the operational investigative activity are: detection, prevention, suppression and detection of the crime, as well as identification and identification of persons, (e) The tracing of persons who prepare them or perpetrators; search for fugitives from initial inquiry, investigation and prosecution, escape from criminal punishment and search for missing persons; for events or actions (idle), posing a threat to the state, military, economic, information or environmental security of the Russian Federation; (In the wording of federal laws 02.12.2005 N 150-FZ; dated 21.12.2013. N 369-FZ set up property to be confiscated. (Paragraph is supplemented by the Federal Law of 25.12.2008. N 280-FZ) C t I am 3. Operational and search principles are based on the constitutional principles of legality, respect and observance of human and civil rights and freedoms, as well as on the principles of conspiracy, vowels and vowels. C t I am 4. The legal basis of the operative-investigative activity activities Legal basis of operational investigative activities is the Constitution of the Russian Federation, the present Federal Law, other federal laws and adopted in accordance with the law. Other laws and regulations of the Federal Government. The operational investigative authorities issue, within the limits of their powers, in accordance with the legislation of the Russian Federation, regulations governing the organization and tactics of operational-search activities. activities. Organization and tactics of the internal affairs bodies of the Russian Federation, the customs authorities of the Russian Federation, the Federal Penitentiary Service and the drug control authorities; and of psychotropic substances (other than observations made in the open area, vehicles and public places) by means of special technical means intended for the untransparent receipt The information is determined by departmental regulations, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of 29.06.2015). N 170-FZ) C t I am 5. Observance of human and civil rights and freedoms activities activities The operative-search measures should ensure respect for human rights and citizens ' rights to privacy, personal and family privacy, home and correspondence. (New Part One-Federal Law dated 05.01.99. N 6-FZ) It is not possible to carry out search operations to achieve the goals and objectives not envisaged by this Federal Law. A person who believes that the actions of the investigative authorities have led to the violation of his rights and freedoms, and are entitled to appeal these actions to a higher authority conducting search operations, to the prosecutor or in court. A person whose guilt in the commission of a crime has not been proved in accordance with the procedure established by law, i.e. in respect of which criminal proceedings have been refused or the criminal case is terminated due to the absence of an event of a crime or in connection with the absence of an offence, and which has the facts of a criminal investigation and believes that his rights have been violated, the right to exterminate a body carrying out investigative activities, information on the information received about it, permitted by the requirements of conspiracy and excluding the possibility of disclosure of state secrets. In the event that the requested information is refused or if the person in question is of the opinion that the information has not been fully obtained, it is entitled to appeal against it in court. The obligation to prove the validity of the refusal to provide this person with information, including in full, is assigned to the competent body conducting the operational and investigative activities. In order to ensure the completeness and comprehensiveness of the case, the investigative body is required to provide the judge, upon request, with documents containing information on the matter, The applicant has been denied access, except for persons who have been deployed in organized criminal groups, on the unspoken officers of the investigative bodies and the persons assisting them on a confidential basis. In the event of an unjustified decision of the investigative body to refuse to provide the necessary information to the applicant, the judge may order the said authority to provide the complainant with information, provided for in Part Four of this Article. (In the wording of Federal Law No. N 150-FZ) Materials obtained as a result of operative-search proceedings against persons whose guilt has not been proved in accordance with the procedure established by law shall be kept for one year, and then is destroyed if there is no demand for service or justice. Phonograms and other materials resulting from the wiretapping of telephone and other negotiations of persons for whom criminal proceedings have not been initiated shall be destroyed within six months of the closure of the auditions, than the corresponding protocol. Three months before the day of the destruction of the material reflecting the results of the search operations conducted on the basis of a court decision, the relevant judge shall be notified. (In the wording of Federal Law No. N 26-FZ ) The authorities (officials) conducting operational investigative activities are prohibited from: conducting search operations in the interest of a political party, public and of the religious association; to take an uninformed participation in the work of the federal bodies of state power, state bodies of the constituent entities of the Russian Federation and local self-government bodies, as well as in the activities of the State Registered in accordance with the established procedure and not prohibited political parties, of public and religious associations in order to influence the nature of their activities; divulify information that affects the privacy, personal and family secrets, honour and good name of citizens, and who have become known in the course of the search operations, without the consent of the citizens, except in the cases provided for by the federal laws of; to induce, induce, direct or Indirect form to the commission of unlawful acts (provocation); (The paragraph is supplemented by the Federal Law of 24.07.2007). N 211-FZ)to falsify the results of search operations. (The paragraph is supplemented by the Federal Law of 24.07.2007). N 211-FZ When violated by a body (official) carrying out operational and investigative activities, the rights and legitimate interests of natural and legal persons, a higher authority, a procurator or a judge, in accordance with The legislation of the Russian Federation is obliged to take measures to restore these rights and legal interests and to compensate for the harm suffered. The violations of this Federal Law are punishable under the laws of the Russian Federation. (Part One-ninth count, respectively) The second is the tenth in the wording of the Federal Law of 05.01.99. N 6-FZ CHAPTER II. CONDUCT OF OPERATIONAL ACTIVITIES C: I am 6. Operational and search activities The following operational and search activities are carried out: 1. Poll. (In the wording of the Federal Law of 05.01.99) N 6-FZ) 2. Inquisier of fuellings. 3. Collect samples for a comparative study. 4. Check purchase. 5. Study of subjects and documents. 6. Surveillance. 7. Identity mapping. 8. Survey of premises, buildings, structures, areas and vehicles. 9. Control of postal, telegraphic and other communications. 10. Listening to telephone conversations. 11. Removal of information from technical communication channels. 12. Concurrent implementation. 13. Controlled delivery. 14. An operational experiment. The list of operative-search activities can be amended or supplemented only by a federal law. Information systems, video and audio recordings, film and photography, as well as other technical and other tools that are not damaging to the life and health of the people, are used during search operations Environment Programme. Tracking activities related to the control of mail, telegraphic and other messages, wiretapping of telephone conversations with connection to station equipment of enterprises, institutions and organizations, irrespective of forms of ownership, physical and legal persons providing services and means of communication with the removal of information from the technical channels of communication are carried out with the use of the operational and technical capabilities of the federal service bodies security, internal affairs and Control of traffic in narcotic drugs and psychotropic substances, in a manner determined by inter-institutional regulations or agreements between the bodies conducting operational and investigative activities. (In the edition of federal laws of 30.12.99) N 225-FZ; dated 30.06.2003. N 86-FZ) Officials of the investigative bodies shall perform its tasks by means of personal participation in the organization and conduct of operational activities, using the assistance of officials and specialists with scientific, technical and other specialized knowledge, as well as individual citizens, with their consent in a transparent and untransparent manner. It is prohibited to conduct search operations and to make use of special and other technical means intended (designed, adapted, programmed) for the unacknowledged receipt of information not authorized by This is the Federal Law of Natural and Legal Persons. Importation to the Russian Federation and the export of special equipment to the Russian Federation intended for the untransparent receipt of information not authorized to carry out operational activities Individuals and legal entities are subject to licensing in the manner determined by the Government of the Russian Federation. (In the wording of Federal Law dated 10.01.2003 N 15-FZ) The Government of the Russian Federation sets out a list of the types of special equipment intended for covert retrieval of information in the course of operational and investigative activities. Design, Production, Implementation and Syndication, for the purpose of selling special equipment intended for the unacknowledged receipt of information by individual entrepreneurs and legal entities; Business as a business is subject to licensing in accordance with the legislation of the Russian Federation. (Part added is the Federal Law of 10 January 2003. N 15-FZ) C t I am 7. The bases for the search operations activities Grounds for search operations are: 1. The existence of a criminal case. 2. The knowledge of: (1) indications of a wrongful act being prepared, committed or committed, as well as on persons who prepare, commit, or who have committed, unless there is sufficient evidence to resolve the issue of the institution of criminal proceedings; (2) events or actions of (inaction)that pose a threat to the state, military, economic, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the federal laws of February 2, 2005, } N 150-FZ; dated 21.12.2013. N 369-FZ) (3) persons who are hiding from bodies of inquiry, investigation and trial or escape from criminal punishment; 4) missing persons, and detection of unidentified bodies. 3. Instruct the investigator, the head of the investigation body, of the person conducting the initial inquiry, the body of inquiry or the court's determination of the criminal cases and the materials of the verification of reports of the crime, in their production. In the wording of federal laws of 24.07.2007 N 214-FZ; of 28.12.2010 N 404-FZ; 05.04.2013 N 53-FZ 4. Requests from other investigative bodies on the grounds referred to in this article. 5. Decision on the application of security measures to protected persons carried out by public authorities in accordance with the procedure provided for in the legislation of the Russian Federation. 6. Requests from international law enforcement organizations and law enforcement agencies of foreign states in accordance with international treaties of the Russian Federation. { { see also, the } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b activity } { \b Tolerating State secrets. 2. On the admission to work related to the operation of objects of increased risk to human life and health, as well as to the environment. 3. The right to participate in operational and investigative activities or access to materials obtained as a result of its implementation. 4. Establishing or maintaining cooperation with the person in the preparation and conduct of search operations. 5. Security of investigative bodies. 6. On granting or revoditing a licence to carry out private detective or security activities, to redesign the documents confirming the existence of a licence, on the granting of (extension of validity, cancellation) of a private certificate a guard. (...) (...) N 272-FZ) 7. (Spend of power-Federal Law of 21.11.2011). N329-FZ) 8. On the reliability of information on the legality of the origin of money, values, other property and income from close relatives, relatives and friends of the person who committed the terrorist act, where there are reasonable grounds to believe that the money, Values and other property are derived from terrorist activities, but not previously established fact that a person who has committed a terrorist act has begun to participate in terrorist activities and (or) are the proceeds of such property. (The paragraph is amended by the Federal Law of 02.11.2013). N 302-FZ) Bodies conducting operative-search operations, subject to a request made in accordance with the Federal Act of 25 December 2008, No. 273-FZ "On combating corruption", others OF THE PRESIDENT OF THE RUSSIAN FEDERATION class="ed">1. The validity and completeness of the information furnished in conformity with federal constitutional laws and federal laws applying to: 1) public office of the Russian Federation, if any The constitutional laws or federal laws do not establish a different procedure for checking this information; (2) State posts in the constituent entities of the Russian Federation; 3) of the posts of heads of municipalities, Municipal posts to be filled on an ongoing basis; 4) Federal Public Service posts; 5) State Civil Service posts of the constituent entities of the Russian Federation; 6) positions in the municipal service; 7) in the State Civil Service; of the Russian Federation, the Pension Fund of the Russian Federation, the Russian Federation Social Insurance Fund, the Federal Compulsory Medical Insurance Fund and other organizations established by the Russian Federation under federal law; 8) individual jobs replaced by employment of the Convention on the Rights of the 2. The validity and completeness of the information provided by the persons holding the positions referred to in paragraph 1 of this Part if the federal constitutional or federal laws do not establish a different procedure for checking the accuracy of the information. 3. Enforcement of restrictions and prohibitions established by the Federal Act of 25 December 2008 of N 273-FZ "On combating corruption", requirements for prevention or both The resolution of the conflict of interests and the performance of their duties, as established by federal constitutional laws, federal laws and federal subjects of the Russian Federation, if federal constitutional laws or federal laws The laws do not establish a different procedure for checking compliance with the data restrictions and prohibitions, requirements for prevention or settlement of conflicts of interest and the performance of duties. 4. The validity and completeness of the information provided by a citizen seeking to replace a judge. (Part added-Federal law dated 21.11.2011. N 329-FZ) C t I am 8. Conditions for the operative-search activities Nationality, nationality, gender, place of residence, property, official and social status, membership of public associations, attitude to religion and The political opinions of individuals are not an obstacle to their search operations in the territory of the Russian Federation, unless otherwise provided by federal law. Conducting operational-search activities that restrict the constitutional rights of a person and a citizen to the privacy of correspondence, telephone conversations, postal, telegraphic and other communications transmitted over the networks electric and postal communications, as well as the right to inviolability of the home, is permitted on the basis of judicial decision and if information is available: (In the wording of the Federal Law from 05.01.99 g. N 6-FZ) 1. The evidence of a wrongful act being prepared, committed or committed, on which the production of the preliminary investigation is mandatory. 2. Persons who prepare, commit, or have committed a wrongful act for which the production of the preliminary investigation is compulsory. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Laws of the year 02.12.2005 N 150-FZ; dated 21.12.2013. N 369-FZ) In cases that cannot be delayed and can lead to the commission of a serious crime or especially serious, and when data are available on events and actions class="ed"> (inaction)that pose a threat to the State, military, economic, information or environmental security of the Russian Federation, on the basis of a reasoned decision of one of the leaders The Conference of the Parties, (a) The Convention on the Rights of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Within 48 hours from the beginning of the operative-search activity, the body conducting the operative-search is obliged to get a court order to conduct such a search operation or stop it. (In the wording of the federal laws of February 2, 2005, } N 150-FZ; dated 21.12.2013. N 369-FZ) Auditions of telephone and other negotiations are allowed only in relation to persons suspected or accused of committing crimes of medium gravity, serious or especially serious offences, as well as persons who may have knowledge of the offences. The phonograms obtained through wiretapping and other negotiations are sealed in conditions that exclude the possibility of their eavesdropping and duplication by unauthorized persons. (The new part four is amended by the Federal Law of 20 March 2001. N 26-FZ; in the wording of Federal Law of 24.07.2007 N 211-FZ )When a criminal case is opened against a person whose telephone and other conversations are monitored by this Federal Law, phonogram and paper recording medium The negotiations shall be referred to the investigator for admission to the criminal case as evidence. The criminal procedure law of the Russian Federation determines the further procedure for their use. (New Part Five-Federal Law dated 20.03.2001 N 26-FZ In the event of a threat to the life, health, property of individuals on their application, or with their consent in writing, it is permitted to listen to their telephone conversations on the basis of The order approved by the head of the investigative body with the mandatory notification of the relevant court (the judge) within 48 hours. Verification Purchasing or Controlled delivery of items, substances and products whose free realization is prohibited or subject to trafficking restricted, as well as operational experiment or rapid deployment of government officials; The operative-search activities, as well as the persons assisting them, are carried out on the basis of a decision approved by the head of the investigative body. Operational experiment is permitted only in order to detect, prevent, suppress and disclose crime of average gravity, grave or especially serious crime , as well as in order to identify and identify those who prepare, commit or commit. (In the wording of the federal laws of February 2, 2005, } N 150-FZ; of 24.07.2007 N 211-FZ ) When conducting search operations on the grounds specified in paragraphs 1 to 4, 6 and 7 of part two of article 7 of this Federal Act, it is prohibited to take action; of article 6, paragraphs 8 to 11, of this Federal Act. (In the wording of Federal Law of 25.12.2008) N 280-FZ Tracking measures to ensure the security of operational investigative bodies are conducted in accordance with this Federal Law and exclusively within the limits of authority OF THE PRESIDENT OF THE RUSSIAN FEDERATION Under article 7, paragraph 5, paragraph 5, of this Federal Act, it is permissible to carry out the acts referred to in paragraphs 8 to 11 of part one of article 6, without a judicial decision, subject to the consent of the citizen in writing. (Part Four-Eighth is considered as part of the sixth-tenth part, respectively, in the wording of the Federal Law of 20 March 2001). N 26-FZ) Article 8-1. Features of Operational units of federal services security operations in foreign investment in economic communities of strategic importance to the country's defence and State security In order to determine whether a foreign investor or a group of individuals has been established is a foreign investor, a control of economic society, which are of strategic importance for the defence of the country and the security of the State, as well as the existence of an agreement and/or concerted action by a foreign investor and third parties aimed at establishing such a control, The operational units of the Federal Security Service are entitled to carry out the operative-investigative measures provided for in article 6 of this Federal Law. Operational activities of the operational units of the Federal Security Service may be used in evidence as indicated in article 15 of the Federal Law on the Procedure for Foreign Investment in Economic Activities. Societies that are of strategic importance for the defence of the country and the security of the State ". (The article is supplemented by the Federal Law of 29.04.2008). N 58-FZ) C t I am 9. Basis and order of judicial review of constitutional rights in the { \cs6\f1\cf6\lang1024 } Search { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } Restriction of the constitutional rights of citizens to the confidentiality of correspondence, telephone conversations, postal, telegraphic and other communications sent over the networks of electric and postal communications, to the inviolability of the home during search operations is being carried out by a court, usually at the place of such conduct Activities or place of the body requesting them to be held. If there are reasonable concerns about the possibility of unclassifying the search operations planned against the judge referred to in paragraph 7 of Article 16 of the Law of the Russian Federation of 26 June 1992 No. 3132-I " O "The status of judges in the Russian Federation", materials on the conduct of search operations on the basis of a decision of the President of the Supreme Court of the Russian Federation or his deputy, taken on the basis of the examination of the application of the body, Investigations may be carried out for the other equivalent court. (In the wording of the Federal Law of 10.07.2012, N 114-FZ) These materials are considered by the authorized judge alone, unless the Russian Federation law establishes a different procedure for their consideration and immediately. A judge (court) may not refuse to consider such material if they are submitted. (Part of the addition is the Federal Law of July 10, 2012. N 114-FZ ) The basis for a judge's decision to conduct a search operation restricting the constitutional rights of the citizens referred to in part one of this article is a reasoned decision One of the leaders of the investigative body. The list of categories of such managers is established by departmental regulations. At the request of the judge, it may also be provided with other material relating to the grounds for the investigation, except for persons who have been deployed in organized criminal groups, on established non-vowels The officers of the investigative bodies and persons assisting them on a confidential basis, on the organization and on the tactics of operational investigative activities. As a result of the review, the judge shall authorize an appropriate investigative activity that limits the constitutional rights of the citizens referred to in the first part of this article or refuses to do so. It is subject to a reasoned decision. The decree, certified by the press, shall be issued to the initiator of the operative-investigative activity simultaneously with the return of the materials submitted to them. The term of the judge's order shall be calculated in days from the date of its issuance and may not exceed six months unless otherwise indicated in the order itself, and the period shall not be interrupted. If it is necessary to extend the order, the judge shall rule on the basis of the newly submitted material. If the judge refused to carry out a search operation that restricts the constitutional rights of the citizens referred to in the first part of this article, the investigative body is entitled To address the same matter to a higher court. The heads of the judiciary create conditions for the protection of the information contained in the operational documents submitted to the judge. C t I am 10. Informational support and documentation of the operational and search operations of the operational investigative activities for the purpose of carrying out the tasks assigned to them by this Federal Law may also create and Use information systems as well as establish operational records. Operational records are established on the basis of the grounds set out in paragraphs 1 to 6 of article 7, paragraph 1, of this Federal Act, with a view to collecting and systematizing information, verifying and evaluating the results of the investigation activities, as well as the adoption of relevant decisions by the investigative bodies on their basis. The fact of the establishment of an operational record is not a ground for restricting constitutional rights and freedoms, as well as for the legitimate interests of the individual and the citizen. The Operational Accounting Case is terminated in the case of the specific tasks of the investigative activity provided for in article 2 of this Federal Law, as well as the establishment of circumstances that indicate an objective It is impossible to solve these problems. The list of cases of operational accounting and the procedure for their conduct are determined by the normative acts of the investigative bodies. C t I am 11. The use of investigative and investigative results of operations can be used to prepare and carry out investigative and judicial actions Activities to identify, prevent, combat and solve crimes, identify and identify those who prepare, commit or commit, as well as to search for persons who have hidden themselves from bodies of inquiry, investigation and trial evaders of the punishment and missing persons, property liable to confiscation, for the purpose of making decisions on the veracity of the information submitted by a State or municipal employee or by a citizen applying for a position of a judge. class="ed"> (In the edition of the Federal Law of 25.12.2008 N 280-FZ The results of operational investigative activities may serve as grounds for initiating criminal proceedings, be submitted to an inquest body, an investigator or a court in whose production the a criminal case or files of the investigation of a crime reportand also used in evidence in criminal cases in accordance with the provisions of the criminal procedure law of the Russian Federation collecting, verifying and evaluating the evidenceand otherwise, established by this Federal Law. (In the wording of federal laws, the Federal Law of 29.04.2008). N 58-FZ; of 28.12.2010 N 404-FZ) The results of operational investigative activities may be sent to the tax authorities for use in exercising authority to monitor and supervise compliance with the law on taxes and fees, In order to ensure that the interests of the State are presented in bankruptcy cases, as well as in the exercise of the powers in the sphere of State registration of legal entities. (Part of the addition is the Federal Law of 28 June 2013. N 134-FZ) The presentation of the results of investigation activities of the organ of inquiry, the investigator, the tax authority or the court is carried out on the basis of the decision of the head of the body, The operative-investigative activity, in accordance with the procedure prescribed by the departmental regulations. (In the wording of Federal Law No. N 134-FZ) The results of search operations for persons listed in paragraphs 1 to 4 and 6 of part two of article 7 of this Federal Act are taken into account when deciding on their admission to specified species activities. C t I am 12. Protection of the information about the organs of the operative-search activities Details of the forces, means, sources, methods, plans and plans used or used in the conduct of the covert operations of forces, means, sources, methods, and The results of operational and investigative activities, persons deployed in organized criminal groups, on staff members of bodies carrying out operational and investigative activities, and on persons assisting them in confidence and on the organization and tactics of the The investigative measures are a state secret and are to be declassially classified only on the basis of the decision of the head of the investigative agency. Information on persons deployed in organized criminal groups, on the unspoken officers of the investigative bodies, as well as on persons assisting or providing assistance to them, In a confidential manner, only their consent in writing and in cases provided for by federal laws is permitted. The judicial decision on the right to conduct a search operation and the materials that led to such a decision shall be kept only in investigative bodies. Operational documents reflecting the results of operational investigative activities are presented to the court (judge), the prosecutor supervising the legality of operational investigative activities, the investigator and the body The initial inquiry, in which the criminal case or the investigation of the crime report is in production, shall be carried out by other bodies carrying out operational and investigative activities in the same manner as in the cases established by this Federal Law. (In the wording of the federal laws of 05.01.99) N 6-FZ; of 28.12.2010 N 404-FZ CHAPTER III. THE BODIES OF THE OPERATIONAL RELEVANT ACTIVITIES C T I am 13. The operational agencies of the Russian Federation are given the right to carry out operational investigative activities in the territory of the Russian Federation: 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Organs of the Federal Security Service. 3. (Spconsumed by Federal Law of 30 June 2003) N 86-F) 4. The Federal Executive Office of the State Security Service. In the edition of federal laws dated 18.07.1997. N 101-FZ; of 08.12.2011 N 424-FZ) 5. (Spconsumed by Federal Law of 30 June 2003) N 86-FZ) 6. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. Foreign Intelligence Service of the Russian Federation. 8. Federal Penitentiary Service. (...) (...) N 117-FZ; in the wording of Federal Law of 29.06.2004 N 58-FZ) 9. Drug and psychotropic substances control bodies. (Paragraph amended by the Federal Law of 30.06.2003) N 86-FZ) Operational unit of the Foreign Intelligence Service of the Ministry of Defense of the Russian Federation conducts search operations only for the purpose of ensuring the security of the said organ In the case of such activities, the authorities referred to in paragraphs 1, 2, 4, 6 to 9 of Part One of this article shall not be affected. (In the wording of Federal Law No. N 86-FZ) The list of tracking bodies may be amended or supplemented only by a federal law. The heads of these bodies determine the list of operational units authorized to carry out operational investigative activities, their powers, structure and organization of work. " The agencies conducting operative-investigative activities shall, in accordance with the relevant legislative acts of the Russian Federation, determine the tasks specified by this Federal Law only within the limits of their competence. Operational units of investigative agencies have the right to conduct search operations with employees of the penal correction system in remand centres OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of 21.07.98 g. N 117-FZ (In the wording of Federal Law No. N 58-FZ)) C t I am 14. The duties of the organs carrying out operational activities In resolving the tasks defined by this Federal Law of operational tasks, the bodies authorized to carry it out shall be obliged: 1. To take all necessary measures, within the limits of its powers, to protect the constitutional rights and freedoms of the individual and the citizen, the property and the security of the society and the State. 2. Enact, within the limits of its authority, instructions in writing to the person conducting the inquiry, the body of inquiry, the investigator, and the head of the investigative body on the conduct of criminal investigations in criminal cases. Cases and the verification reports of the crime they have committed to the proceedings, as well as the decisions of the criminal court. In the wording of federal laws of 24.07.2007 N 214-FZ; of 28.12.2010 N 404-FZ; 05.04.2013 N 53-FZ 3. To comply with the requests of the relevant international law enforcement organizations, law enforcement agencies and special services of foreign States on the basis of and in accordance with the international agreements of the Russian Federation. 4. To inform other bodies conducting investigative activities in the territory of the Russian Federation that have become known to the acts of illegal activity falling within the competence of these bodies, and to provide these bodies with the necessary assistance. Help. 5. To follow the rules of conspiracy in search operations. 6. To promote, in accordance with the legislation of the Russian Federation, the safety and security of its personnel, persons assisting the investigative bodies, participants criminal proceedings, as well as family members and relatives of such persons, from criminal encroachment. C t I am 15. The rights of the organs carrying out operational activities In the search for operational investigative tasks, the authorized bodies have the right: 1. Carry out the public and transparent search activities listed in article 6 of this Federal Act in the event of the seizure of documents, objects, materials and communications, as well as the interruption of the provision of communication services in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 369-FZ)If documents, objects, materials are seized when vowels are held, the official carrying out an exemption forms the protocol in accordance with the requirements OF THE PRESIDENT OF THE RUSSIAN FEDERATION If documents and (or) electronic media are confiscated during official search operations, copies of the documents shall be made available to the official who has requested the documents and (or) at the request The legal owner of the seized electronic media or the holder of the information contained therein, the information contained in the seized electronic media shall be copied to other electronic forms of information provided by the lawful owner. recovered electronic media or owner information contained therein. Copies of documents and (or) electronic media containing copies of the seized information are transferred to the person from whom the documents were seized, and (or) the legal owner of the seized electronic media or the holder of the information contained therein information about what is logged. In the event that it is not possible to produce copies of documents and (or) copy information from electronic media or to transfer them simultaneously with the deletion of documents and/or electronic documents The designated official shall transmit certified copies of the documents and (or) electronic media containing copies of the seized information to the person from whom the documents were seized and (or) the legal owner of the seized electronic data Information Media or holder of the information contained therein Five days of the Ambassador of the Exemption, which is the record in the record. When copying documents and (or) information contained in the electronic media, conditions shall be provided to preclude the loss or modification of documents and/or information. It is not permitted to copy documents and (or) information contained in the electronic media if it is likely to impede the operational investigative activities. (In the wording of Federal Law No. N 207-FL) In the event that after five days after the removal of documents, certified copies of documents were not handed over to the person from whom documents were confiscated, certified copies of documents must be sent by mail within three days by registered mail, which is recorded in the record with the postal number. Copies of documents shall be sent to the location of the legal person or address of the address of the physical person referred to in the protocol. (Paragraph in the wording of Federal Law dated 26.12.2008 N 293-F) 2. To establish, on a grant or exchange basis, cooperative relations with persons who have consents to provide assistance on a confidential basis to the investigative bodies. 3. Use of office space, property of enterprises, institutions, organizations, military units, as well as residential and non-residential premises, vehicles and other facilities Private property. 4. Use of documents for the purposes of conspiracy to encrypt the identity of officials, departmental affiliation of enterprises, institutions, organizations, units, premises and vehicles Activities, as well as the identity of citizens who assist them on a confidential basis. 5. To establish, in accordance with the legislation of the Russian Federation, the order of the enterprise, institution, organization and unit necessary to carry out the tasks set out in this Federal Act. The legal requirements of officials carrying out operational and investigative activities are mandatory for the physical and legal persons to whom such claims are brought. Failure to comply with the lawful requirements of the officers of the investigative bodies or obstruction of its lawful implementation shall be punishable under the law of the Russian Federation. C t I am 16. The social and legal protection of the officials of the operations activities The officials of the investigative bodies are subject to safeguards The social and legal protection of the employees of the bodies in which the persons concerned belong. No one shall be entitled to interfere in the lawful actions of officials and bodies carrying out operational and investigative activities, with the exception of persons expressly authorized by the federal law. The official authorized to carry out operational and investigative activities is subject only to the immediate and direct supervisor. When an order or an order contrary to the law is received, the said officer shall be bound by law. In the protection of the life and health of citizens, their constitutional rights and legitimate interests, as well as to ensure the security of society and the state against criminal encroachment, it is permissible to harm the right protected interests by the official of the investigative authority or the person assisting him with the lawful performance of his or her official or public debt. The time taken by officials of investigative bodies to carry out special tasks in organized criminal groups, as well as the time of their service in the positions of regular silent officers of the said bodies to be set-off for the purpose of retiring on a preferential basis, in accordance with the procedure to be determined by the Government of the Russian Federation. " The State authorities of the constituent entities of the Russian Federation and the local self-government bodies are entitled to establish additional types of social protection for officials of the investigative bodies. CHAPTER IV. PROMOTION OF THE VICTIMS OF THE BODIES TO IMPLEMENT THE OPERATIONAL ACTIVITIES OF THE ACTIVITIES Citizens 'assistance to the citizens' search operations Individual persons may, with their consent, be involved in the preparation or conduct of search operations with the preservation of their desire confidentiality of assistance to the investigative bodies, including those under contract. These persons shall be obliged to keep secret information that has become known to them during the preparation or conduct of the investigative activities and shall not be entitled to provide false information to the said authorities. The investigative bodies may conclude contracts with legal persons of full age, regardless of their nationality, nationality, gender, property, official or social status, Education, membership of voluntary associations, attitude to religion and political opinion. It is prohibited to use confidential assistance under the contract of deputies, judges, prosecutors, lawyers, clergymen and authorized representatives of the authorities. Registered religious associations. C but I am 18. Social and legal protection of citizens, assisting bodies conducting investigative operations Persons who assist the investigative bodies are protected States. The State shall guarantee the persons who have agreed to cooperate with the bodies conducting the operative-search activities in fulfilment of their obligations under the contract, including the guarantee of legal protection, Linked to the lawful performance of the public debt or the duties assigned to them. If there is a real threat of unlawful encroachment on the life, health or property of individuals in connection with their assistance to bodies carrying out operational and investigative activities, as well as members of their families and relatives, It is the duty of the Russian Federation to take the necessary measures to prevent unlawful acts, to identify those responsible and to bring them to justice. A person who is a member of a criminal group who has committed a wrongful act without serious consequences and engaged in cooperation with the investigative body actively contributing to the disclosure The offences that have caused damage or otherwise caused harm shall be exempted from criminal liability in accordance with the law of the Russian Federation. Persons who cooperate with the investigative bodies or who have assisted them in the detection or identification of the perpetrators may receive remuneration and other benefits. Remuneration and other tax payments received by these persons are not subject to the income declaration and no income declaration. Citizens who cooperate under a contract with the investigative bodies, as a main occupation, have the right to a pension under Russian law THE RUSSIAN FEDERATION The period of such cooperation shall count on the insurance period of the said citizens on the basis of the information of the investigative authorities. The procedure for the transfer of such information shall be determined by the head of the relevant State organ, which is composed of operational units conducting operational investigative activities. (...) (...) N 173-FZ) In order to ensure the safety of persons cooperating with intelligence agencies and their families, special protection measures are permitted in the order in which they are protected. Legislative and other regulatory acts of the Russian Federation. In the event of the death of a person who cooperates under the contract with the investigative bodies, in connection with his or her participation in the investigative activities, the family of the victim and the persons on his or her behalf A lump-sum payment in the amount of 10 years ' money is paid, and a survivor's pension is granted in accordance with the procedure established by the Russian legislation. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Upon receiving a person who cooperates on a contract with bodies conducting operative-search activities, injuries, injuries, contusions, injuries that occurred in connection with his participation in the search operations In this context, the Government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Russian legislation A disability pension is awarded. (In the wording of Federal Law of 22.08.2004) N 122-FZ ) When creating several grounds for these lump-sum payments under the legislation of the Russian Federation in cases covered by this article, payment are performed on the same basis as the recipient. (Part added-Federal Law of 22.08.2004) N 122-FZ ) Chapter V. FINANCIAL SUPPORT FOR OPERATING ACTIVITIES C A T I 19. Financial security for search operations activities Ensuring operational and investigative activities, including social and legal protection of citizens, assisting the implementing authorities In accordance with this Federal Law, the operational investigative activities of the Russian Federation are subject to the obligations of the Russian Federation and are carried out in accordance with the procedure established by the heads of State organs and operational units. that are authorized to carry out these activities. (...) (...) N 122-FZ) N 122-FZ ) The heads of government bodies, which include operational units, are responsible for monitoring the financial resources allocated to operational and investigative activities. Representatives of the MFA of the Russian Federation to the constituent bodies of the Federation Chapter VI: MONITORING AND OVERSIGHT OF OPERATIONAL ACTIVITIES OF ACTIVITIES C ACTIVITIES The President of the Russian Federation, the Federal Assembly of the Russian Federation and the Government of the Russian Federation, within the limits of their powers, are responsible for the monitoring of operational and investigative activities. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 21. Prosecutorial supervision , the Procurator-General of the Russian Federation and the Procurator-General of the Russian Federation are responsible for supervising the execution of this Federal Act by the Procurator-General of the Russian Federation. Prosecutors. At the request of the said prosecutors, the heads of intelligence agencies submit operational records, including operational records, to them Operational and investigative measures, as well as accounting records and departmental regulations governing the conduct of operational and investigative activities. Information on persons deployed in organized criminal groups, on the unspoken officers of the investigative bodies, as well as on persons assisting these bodies on a confidential basis, shall be submitted to the respective prosecutors only with the written consent of the persons listed, except in cases where they are required to be held criminally responsible. The Prosecutors referred to in part one of this article shall protect the information contained in the documents and materials submitted. Failure to comply with the legal requirements of the prosecutor, arising out of his powers of oversight of operative-investigative activities, entails legal liability. Federal Law of 05.01.99. N 6-FZ C t I am 22. The Office of the President of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the C and I am 23. The entry into force of this Federal Law The present Federal Law shall enter into force on the date of its official publication. The Russian Federation Act, "On operational-search operations", has been repealed from the date of the enactment of this Federal Law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 892; N 33, st. (1912). " To invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts into conformity with this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 12 August 1995 N 144-FZ