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The State Protection Of Judges And Law-Enforcement And Controlling Bodies

Original Language Title: О государственной защите судей, должностных лиц правоохранительных и контролирующих органов

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RUSSIAN FEDERATION FEDERAL LAW On State Protection of Judges, Law Enforcement and Enforcement Officials Adopted by the State Duma on 22 March 1995 (In the edition of federal laws { \cs6\f1\cf6\lang102421.07.98 } N 117-FZ; of 06.01.99 N 11-FZ; of 29.02.2000 N 42-FZ; of 18.06.2001 N 76-FZ; dated 29.11.2001 N 160-FZ; of 11.12.2002 N 167-FZ; dated 30.06.2003. N 86-FZ; dated 29.06.2004 N 58-FZ; of 22.08.2004 N 122-FZ dated 17.07.2009 N 164-FZ; of 28.12.2010 n 404-FZ; of 07.02.2011 N 4-FZ; of 08.12.2011 N 424-FZ; of 25.12.2012 N 269-FZ; of 21 December 2013 N 377-FZ; dated 03.02.2014 N 7-FZ In order to provide State protection to judges, law enforcement and regulatory authorities, public security officers performing functions that may be performed The federal law establishes a system of measures of state protection for the protection of life, as well as the creation of proper conditions for the administration of justice, the fight against crimes and other offences. The health and property of these persons and their families. In the wording of Federal Law of 08.12.2011 N 424-FZ G l in I. General Article 1. Provision of State protection to judges, law enforcement officials and monitoring bodies Ensuring State protection of judges, law enforcement and supervisory officials, The officers of the State Guard on the State Guard are responsible for the implementation of security, legal and social protection measures authorized by the State authorities under the present Federal Law (hereinafter: (Protection of the rights of the child) The life, health and property of the persons concerned in connection with their performance. In the wording of Federal Law of 08.12.2011 N 424-FZ) State protection measures may also be applied to close relatives and, in exceptional cases, also to persons whose health or property is infringed upon To prevent the lawful activities of judges, law enforcement officials and monitoring bodies, State security officials, or to force them to change their nature, or to retaliate for those activities (hereinafter referred to as "close"). In the wording of Federal Law of 08.12.2011 N 424-FZ) Article 2. Persons subject to State protection State Protection under this Federal Law are subject to: 1) judges of all courts of general jurisdiction and arbitral tribunals, arbitrators, jurors; (In the wording of Federal Law of 22.08.2004) N 122-FZ ) 2) prosecutors; 3) investigators; 4) interrogators; 5) employees class="ed"> Federal internal affairs agencies responsible for the protection of public order and public security, as well as the enforcement of sentences, rulings and orders of courts (judges) in criminal cases, Investigations and prosecutors; (In the wording of Federal Law from 22.08.2004. N 122-FZ ) 6-1) employees of institutions and bodies of the penal correction system; (Paragraph added: Federal law dated 21.07.98 N117-FZ) 6-2) Internal Troops of the Ministry of Internal Affairs of the Russian Federation, which participated directly in the suppression of the activities of armed criminals, illegal armed groups Formations and other organized criminal groups; N 11 FZ 7) employees of the Federal Security Service; (In the Federal Law (Spated out-Federal Law of 30 June 2003) N 86-FZ ) 8-1) employees of the organs controlling the traffic in narcotic drugs and psychotropic substances; (Paragraph addition-Federal law dated 30.06.2003. N 86-F) 8-2) employees of the Investigative Committee of the Russian Federation; (Paragraph added: Federal law dated 28.12.2010 N 404-FZ) 9) bailers; 10) employees of supervisory bodies of the President of the Russian Federation, monitoring the execution of laws and other regulatory legal acts, detection and suppression offences; (In the wording of the Federal Law of 22.08.2004, 2004) N 122-FZ ) 11) employees of state security bodies; (In the wording of Federal Law of 08.12.2011) N 424-FZ ) 12) Customs and Taxation Workers, Antimonopoly Authorities, Federal State Control, Federal Service for Financial Monitoring, Accounts OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102035214&backlink=1 & &nd=102088491 "target="contents" title= " "> from 22.08.2004. N 122-FZ; of 17.07.2009 N 164-FZ) 13) close persons listed in paragraphs 1 to 12 of Part One of this Article. The persons referred to in the first part of this article, who have been determined to apply state protection measures in due course, are hereinafter referred to as "protected persons". Article 3. Types of State protection In accordance with this Federal Act and other laws of the Russian Federation, protected persons are protected by: 1) the use of authorized bodies by State organs (hereinafter referred to as the authorities). Security measures to protect the lives and health of these persons as well as the preservation of their property; (2) the application of remedial measures, including increased criminal responsibility life, health and property; 3) Implementation of social protection measures, which provide for the exercise of the right to material compensation established by this Federal Law in the event of death, injury or other harm to their health, destruction or Damage to their property in connection with their performance. Article 4. The Procurator-General of the Russian Federation is responsible for supervising the enforcement of the laws in the implementation of the State protection measures. the procurators subordinate to him. G l in a II. Security measures Article 5. Safety measures The following security measures can be applied to protect the life and health of protected persons and the security of their property: 1) Personal protection, home and property protection; 2) issue of weapons, special personal protective equipment and danger warning; 3) temporary accommodation; 4) security Confidentiality of protected persons; 5) transfer (service), change of place of work (service) or study; 6) relocation; 7) replacing documents, changing appearance. In order to implement the security measures envisaged in this article, operational and search activities may be carried out in the manner prescribed by the Russian Federation Law Article 6. Personal protection, shelter and property When establishing evidence of a threat to the life, health and property of protected persons, their consent by the security authorities is carried out Personal protection, protection of their home and property. If necessary, the housing and property of protected persons may be fitted with fire and alarm devices, telephone numbers and state registration plates of vehicles used by them replaced. Article 7. The issuance of weapons, special means of individual protection and danger warning , given the degree of threat to the life and health of protected persons, the security authorities may issue weapons to designated individuals Number of service or combat, special personal protective equipment and danger warning. " The procedure for the extradition of weapons to protected persons, with the exception of persons entitled to bear arms in accordance with their official position, shall be established by the Government of the Russian Federation. If necessary, the protected persons must comply with the requirements of article 24 of the Russian Federation Law "On arms". Article 8. Temporary premises in a safe place If necessary, protected persons who have reached the age of majority may be subject to their consent, and minors may, with the consent of their parents or persons in loco parentis, be placed in places where they will be Security. Article 9. Ensuring the confidentiality of information about protected persons By order of the security authority, a temporary prohibition on the identity of protected persons, their place of residence and other information on the identity of protected persons may be imposed. from the address bureaux, passport services, police authorities mandated to carry out monitoring, oversight and authorization functions in the field of road traffic safety, reference services and other information management funds, with the exception of the Cases where such information is established in due course in connection with a criminal proceeding. Federal Law of 18 June 2001 N 76-FZ; dated 07.02.2011 N 4-FZ) With respect to the persons listed in paragraphs 1 to 12 of part one of article 2 of this Federal Act, confidentiality of information may be provided at the same time as they are taken into office or appointed. The Government of the Russian Federation establishes the procedure for the implementation of security measures in the form of confidentiality of protected persons. (Part of the addition is the Federal Law of 21 December 2013. N 377-FZ) Article 10. Transfer to other work (service), change of place of work (service) or study, relocation to other place of residence By declaration or with the consent of the protected persons referred to in paragraphs 1 to 12 of Part 1 of Article 2 of this Federal Act, they may be transferred to another, temporary or permanent, employment (service), temporarily or permanently relocated. Article 11. Replacement of documents, change of appearance In exceptional cases where the security of the protected person cannot be provided by other measures, by his declaration or with his consent, he may be issued identity documents and other documents documents with amended background data and may also be changed in appearance. G l in a III. Security organs. Reason and order of application security Article 12. Security organs Apply and implement security measures: 1) for judges, assessors, jurors, prosecutors, investigators, The officers of the Investigative Committee of the Russian Federation, the judicial executors and officials of the monitoring bodies referred to in article 2 of this Federal Act, as well as their relatives, have been designated as internal affairs bodies; (In the federal laws from 22.08.2004. N 122-FZ; of 28.12.2010 N 404-FZ) (2) for officials of the internal affairs agencies, the Federal Security Service, customs authorities, State security agencies, and the security authorities trafficking in narcotic drugs and psychotropic substances, of the institutions and bodies of the penal correction system, as well as their relatives, to the said authorities accordingly; (In the wording of federal laws dated 21.07.98 N 117-FZ; dated 30.06.2003. N 86-FZ; of 08.12.2011 N 424-FZ) 3)(Federal Act of 30.06.2003) N 86-FZ) In the internal affairs agencies, the Federal Security Service, the agencies and bodies of the penal correction system , and the The control of the traffic in narcotic drugs and psychotropic substances and the federal State protection agencies in order to ensure the safety of protected persons are established by special units. In the wording of the federal laws, of 21.07.98, N 117-FZ; dated 30.06.2003. N 86-FZ Safety measures for ships of military courts, military prosecutors, heads and investigators of military investigation agencies, military personnel conducting initial inquiries, as well as their loved one, are also under command The relevant military unit or the chief of the respective military institution or the appropriate military police body of the armed forces of the Russian Federation. (In the wording of federal laws dated 06.01.99. N 11-FZ; of 28.12.2010 N 404-FZ; dated 03.02.2014 N 7-FZ) Article 13. The reason for the application of the security measures The reason for the application of the security measures against the protected person is: 1) the statement of the said person; 2) the petition of the president of the court, or the leader the corresponding law enforcement or supervisory authority, or the head of the state security agency, as well as the head of the institution or body of the penal correction system; laws dated 21.07.98 N 117-FZ; of 08.12.2011 N 424-FZ (3) receiving security, operational and other information on the existence of a security risk for the person concerned. The basis for the application of security measures is that there is sufficient evidence that the security of the protected person is a reality. Article 14. The decision on the application of security measures The Security Authority, having received the declaration (address, information) referred to in article 13, paragraph 1, of this Federal Law concerning the existence of a threat to the security of the protected person, must for a period of not more than three days to decide whether or not to apply the security measures to the said person. In urgent cases, security measures are applied immediately. In the cases provided for in paragraphs 2 and 3 of Part 1 of Article 13 of this Federal Law, the consent of the protected person is required for the purpose of taking a decision on the application of security measures. A decision on the application of security measures by the security authority shall be issued a reasoned order specifying the specific safety measures and the time frame for their implementation, as reported to the protected person; and The president of the court (the head of the relevant law enforcement or supervisory authority, the head of the public security organ, the head of the institution or the authority of the penal correction system), who applied to Request for the application of security measures against the person concerned. In so doing, the protected person may be given certain requirements for his or her safety. In the wording of the federal laws, of 21.07.98, N 117-FZ; of 08.12.2011 N 424-FZ Refusal to apply security measures may be appealed by a protected person, as well as the president of the court (head of the relevant law enforcement or supervisory authority, head of the public authority). the security of the designated person, the head of the penal correction system or the authority of the penal correction system), to a higher authority responsible for security, The prosecutor's office or the court. The complaint must be considered immediately. In the wording of the federal laws, of 21.07.98, N 117-FZ; of 08.12.2011 N 424-FZ) Article 15. The procedure for the application of security measures The procedure for the application of security measures shall be determined by this Federal Law and issued by the regulations. The security authorities issue, within the limits of their powers, in accordance with the legislation of the Russian Federation, regulatory legal acts governing the organization and tactics of the implementation of measures Security. (Part of the addition is the Federal Law of 21 December 2013. N 377-FZ) These measures shall not infringe on housing, labour, pension and other rights of protected persons and others. Article 16. Mandatory enforcement of decisions on the application of security measures Decisions of the security organs taken in accordance with their competence are binding on officials of enterprises, institutions and The organizations to which they are addressed. Article 17. The rights and obligations of the protected person The protected person against whom the security measure has been decided has the right: 1) to know about the security measures applicable to him; 2) to ask for Application or non-application of its specific security measures listed in article 5, paragraph 1, of this Federal Law; 3) to require the security authority to apply to it except under the other security measures provided for by this Federal Law, or The repeal of any of the measures implemented; 4) to appeal to a higher authority that provides security, the prosecutor's office or the court against unlawful decisions and actions by security officials. The protected person is obliged: 1) to comply with the legitimate security requirements of the security authority; 2) immediately inform the designated authority of each case of threat or act against it; 3) carefully treat the property issued to it by the designated authority for security; 4) not to disclose information about its security measures without the authorization of the authority; implementing these measures. Article 18. Removal of security measures When a threat to the security of the protected person is removed, or in the event of other reasons for the lifting of the security measures, the designated official shall be subject to a reasoned decision. The order that is declared to the protected person. The said Order may be appealed by the persons concerned in accordance with the procedure provided for in article 14, paragraph 4, of this Federal Act. Article 19. Liability for violation of requirements established by this Federal Law Officials of the security forces responsible for the failure or improper implementation of security measures The protection of the persons protected or the disclosure of information about these measures shall be brought to account in accordance with the law in force. Officials of enterprises, institutions and organizations addressed by the security authorities in the event of default, as well as the disclosure of information on security measures being carried out Liability in accordance with the legislation in force. The disclosure of information protected by the protected person against his security measures in the event that this has had serious consequences for others entails criminal liability. Article 19-1. Protection of Information on the Implementation of the State Protection State Protection is conducted in compliance with the confidentiality of protected persons, if the normative legal acts of the Russian Federation The Federation is not classified as a State secret. The Government of the Russian Federation sets the procedure for the protection and provision of such information. class="doclink "href=" ?docbody= &prevDoc= 102035214&backlink=1 & &nd=102170309" target="contents "title=" "> dated 21.12.2013. N 377-FZ) G l in a IV. Social protection measures Article 20. Material compensation for the deathofficial, causing harm to his health, destroying or damaging his property in connection with his performance Life and health of a judge, arbitral tribunal, juror, court executor, law enforcement officer or supervisory authority, employee State Guard Service, prison staff member of the penal correction system Mandatory State insurance in an amount equal to 180-fold of the average monthly salary (average monthly sum of money, monthly remuneration) of a judge, arbitral tribunal, juror, Enforcement officer, officer of the law enforcement or supervisory authority, officer of the State Protection Authority, employee of the institution or body of the penal correction system. (...) (...) N 424-FZ; 25.12.2012 N 269-FZ) State insurance pays insurance amounts in cases of: 1) death (death) of persons listed in Part One of this Article during the period of employment (service) or after dismissal, if she stepped down as a result of inflicting bodily harm or other harm to the health of the persons concerned in connection with their performance, to their heirs equal to 180 times the average monthly average wages (monthly average, monthly cash) Remuneration) of a judge, an arbitral tribunal, a juror, a judicial officer, an officer of a law enforcement or supervisory authority, a member of the public security organ, an employee of the institution or authority (...) (...) N 424-FZ; of 25.12.2012 N269-FZ) (2) causing bodily harm or other harm to the health of the persons referred to in the first part of this article, excluding the possibility of further training in the amount equal to 36-fold of the average monthly salary (average monthly money, monthly monetary remuneration) of the person whose health was injured; (In the wording of Federal Law dated 25.12.2012 N269-FZ) (3) causing bodily harm or other harm to the health of persons listed in paragraph 1 of this article that have not resulted in permanent incapacity to work The opportunity to engage in further professional activity, in the amount equal to 12 times the average monthly salary (average monthly money, monthly cash remuneration) of the person who was injured in the activity the damage. (In the wording of Federal Law No. N 269-FZ) When simultaneously creating a mandatory State insurance under the legislation of the Russian Federation, compulsory State insurance for the cases established by this article State insurance is carried out on one basis only on the basis of the choice of the official. Mandatory state personal insurance, as defined by the provisions of this article in respect of: persons whose content is to be funded from the federal budget, is a consumable obligation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The insurance guarantees for the persons referred to in paragraph 12 of part one of article 2 of this Federal Act, if they pass municipal service, shall be established by decision of the local authorities. In the event that the persons referred to in part one of this article are injured in connection with their performance of bodily injury or other harm to their health, excluding any further opportunity to engage in professional activities, They receive monthly compensation in the form of the difference between their average monthly salary (average sum of money, monthly cash remuneration) and their assigned pension, without regard to the amount of payments received in respect of this amount. State insurance. (In the wording of Federal Law No. N 269-FZ) In the event of death (death) of the persons concerned, including those who have been dismissed, removed or removed, as a result of inflicting bodily harm or other harm to their health in connection with their performance Their dependents receive a monthly compensation in the form of the difference between their part of the salary (money, the monthly remuneration) of the deceased and his pension Loss of a breadwinner, without regard to the amount paid by the State Insurance. In order to determine the amount of the wage (money, monthly monetary remuneration), the average monthly salary (average monthly Remuneration) of the deceased is divided into the number of members dependent families, including those who are of working age. (In the wording of Federal Law No. N 269-FZ) When simultaneously creating a number of grounds for compensation payments under the legislation of the Russian Federation in the cases established by this article, only one payment is made based on the selection of the recipient. Damage caused by the destruction or damage to property belonging to persons listed in the first part of this article or to members of their families in connection with their performance shall be compensated to them or to their family members in full Volume, including loss of profits, in due course. The basis for the refusal of the payment of insurance amounts and compensation in the cases provided for in this article is only the sentence or court order against the person found guilty of the death (death) of the official, In the case of a person referred to in Part One of this article, or bodily harm or damage to property belonging to him or her, it is established that these events are not related to the performance of the person concerned. Insurance warranes for military personnel referred to in paragraph 6-2 of Part 1 of Article 2 of this Federal Act and their right to reparation are provided in accordance with Federal Act No. 76-FZ of 27 May 1998 " On status servicemen ". (Article in the wording of Federal Law of 22 August 2004). N 122-FZ ) G l in a V. Financing and logistics providing state protection measures Article 21. Funding and Logically State Protection Measures Implementing State Protection Measures under this Federal Law on: class="ed">persons whose money is being held at the expense of the federal budget-is a liability of the Russian Federation and is established in the manner determined by the Government of the Russian Federation; others-is consumable by Russian entities Federation and municipal entities depending on the source of their content. (Part of the Federal Law of 22.08.2004 N 122-FZ ) Costs related to the application of security measures cannot be transferred to the protected person. G l in a VI. Final provisions Article 22. Entry into force of this Federal Law This Federal Law shall enter into force 10 days after its official publication, except for: Articles 6, 7, 20, and 11 in Part, concerning the change of appearance of the protected person, which shall enter into force on 1 January 1996; , article 10, concerning the relocation of the protected person to another place of residence, effective 1 January 1997. (Part Two has lost power-Federal Law of 22.08.2004) N 122-FZ) Article 23. Rules of legal acts of the President of the Russian Federation, the Government of the Russian Federation, departmental regulations, The normative legal acts of the State authorities of the constituent entities of the Russian Federation and the local self-government bodies are brought into conformity with this Federal Law within two months from the date of its entry into force. President of the Russian Federation Yeltsin Moscow, Kremlin 20 April 1995 N 45-FZ