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

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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102035214

RUSSIAN FEDERATION federal law on the State protection of judges and law enforcement officials and regulatory authorities adopted by the State Duma of the year March 22, 1995 (text as amended by the federal laws of 21.07.98 N 117-FZ;
from 06.01.99 N 11-FZ; from 29.02.2000 г. N 42-FZ;
from 18.06.2001 N 76-FZ; from 29.11.2001. N 160-FZ;
of cases N 167-FZ; 30.06.2003 N 86-FZ;
from 06/29/2004 N 58-FZ; from 22/08/2004, no. 122-FZ;
from 17.07.2009 N 164-FZ; from 28.12.2010. N 404-FZ;
from Sept. 2, N 4-fl; from 08 N 424-FZ;
from Dec 25th N 269-FZ; from 21.12.2013 N 377-FZ;
from 03.02.2014 N 7-FZ) in order to ensure the State protection of judges and law-enforcement and controlling bodies, public safety officers, carrying out functions which may be subject to attacks on their security, as well as the creation of appropriate conditions for the administration of Justice, combating crimes and other offences this federal law establishes a system of measures of State protection of life, health and property of these persons and their relatives. (As amended by the Federal law dated 08 N 424-FZ) Chapter i. General provisions article 1. Providing State protection of judges and law-enforcement and controlling bodies Providing State protection of judges and law-enforcement and controlling bodies, officials of the State guard is to implement the authorized State bodies stipulated by this federal law, security measures, legal and social protection (hereinafter referred to as measures of State protection), used when there is the threat of violence to life, health and property of specified individuals in connection with their work. (As amended by the Federal law dated 08 N 424-FZ) measures of State protection can also be applied in relation to close relatives, and in exceptional cases also other persons to life, health and property of which the infringement is committed to prevent legitimate activities of judges, officials of law-enforcement and controlling bodies, public safety officers, or force them to change its nature or in revenge for such activities (hereinafter referred to as equal). (As amended by the Federal law dated 08 N 424-FZ), Article 2. Persons subject to State protection of State protection in accordance with this federal law shall be: 1) judges of all courts of general jurisdiction and arbitration courts, arbitration assessors, jurors; (As amended by federal law from 22/08/2004, no. 122-FZ) 2) prosecutors;
3) investigators;
4) persons conducting an inquiry;
5) persons carrying out investigative activities;
6) Federal internal affairs bodies engaged in the protection of public order and public security, as well as the enforcement of sentences, definitions and rulings of courts (judges) on criminal cases, resolutions of the bodies of investigation and prosecutors; (As amended by federal law from 22/08/2004, no. 122-FZ), 6-1) the staff of the institutions and bodies of criminally-Executive system; (Para supplemented by federal law from 21.07.98 N 117-FZ), 6-2), troops of the internal troops of the Ministry of Internal Affairs of the Russian Federation who took direct part in curbing the actions of armed criminals, illegal armed groups and other organized criminal groups; (Para supplemented by federal law from 06.01.99 N 11-FZ) 7) Federal Security Service officers; (As amended by the Federal law 30.06.2003 N 86-FZ) 8) (repealed-federal law 30.06.2003 N 86-FZ), 8-1) officials to control the trafficking of narcotic drugs and psychotropic substances; (Para supplemented by federal law 30.06.2003 N 86-FZ), 8-2) staff members of the investigative Committee of the Russian Federation; (Para supplemented by federal law from 28.12.2010. N 404-FZ) 9) Judicial executors;
10) employees of the monitoring bodies of the President of the Russian Federation, exercising control over the implementation of laws and other normative legal acts, detection and suppression of offences; (As amended by federal law from 22/08/2004, no. 122-FZ) 11) public safety officers; (As amended by the Federal law dated 08 N 424-FZ) 12), employees of the Customs and tax authorities, antitrust authorities, the federal bodies of State control, the federal financial monitoring service, of the accounts Chamber of the Russian Federation, as well as other categories of State and municipal employees in accordance with the list established by the Government of the Russian Federation; (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 17.07.2009 N 164-FZ) 13) relatives of persons listed in paragraphs 1-12 of part one of this article.
Listed in part one of this article, the persons to whom the decision was made in accordance with the established procedure for the application of measures of State protection, hereinafter referred to as "protected persons".
Article 3. Types of State protection in accordance with this federal law and other laws of the Russian Federation the protected persons shall be:

1) use by authorized State bodies (hereinafter referred to as the security authorities) safety measures to protect the life and health of the persons concerned, as well as ensuring the preservation of their property;
2) application of remedies involving including increased criminal penalties for attacks on their lives, health and property;
3) implementation of social protection measures, providing for the implementation of this federal law established the right to monetary compensation in case of death (death), causing them bodily harm or other harm to their health, the destruction of or damage to their property in connection with their work.
Article 4. Procuracy supervision over implementation of the law in the implementation of measures of State protection Supervision over execution of laws in the implementation of measures of State protection rests with the Prosecutor General of the Russian Federation and its subordinate prosecutors.
Chapter II. Security measures Article 5. Types of security measures to protect the life and health of the protected persons and their property by the preservation bodies providing security can be applied, taking into account the specific circumstances of the following security measures: 1) personal protection, residence and property;
2) issuing weapons and special means of individual protection and warning;
3) temporary placement in a safe place;
4) ensuring the confidentiality of information about protected persons;
5) transfer to another job (service), change the place of work (services) or study;
6) relocation to another place of residence;
7) replacement documents, changing appearance.
In order to implement the measures provided for in this article may be carried out safety investigations in accordance with the law of the Russian Federation "on operational investigative activities in the Russian Federation".
Article 6. Personal protection, residence and property in establishing evidence of a threat against life, health and property of protected persons, with their consent, security bodies carried out their personal protection, their houses and property.
If necessary, the housing and property protected persons may be equipped with the means of fire and burglar-alarm systems, their phone numbers and State registration plates of their vehicles can be replaced.
Article 7. Issuing weapons and special means of individual protection and warning given the level of threat to the life or health of persons protected by the security authorities can issue these people guns, including service or combat, special personal protective equipment and hazard alerts.
The procedure for issuing weapons protected persons, except persons who have the right to possess weapons in accordance with its official position, shall be established by the Government of the Russian Federation.
If necessary, the use of weapons protected persons must comply with the requirements of article 24 of the law of the Russian Federation "on weapons".
Article 8. Temporary placement in a safe place in case you need protected persons who have reached the age of majority can be with their consent, and minors with the consent of the parents or persons in loco parentis, are placed in locations where they will be safe.
Article 9. Ensuring the confidentiality of information about protected persons to address security authority may be subject to a temporary ban on issuing the identity of protected persons, their place of residence and other information about them from the address, Passport Services Bureau, police, empowered to exercise control, supervisory and regulatory responsibilities in the area of road safety, reference services, automated telephony and other resource funds, except When such details are clarified in accordance with the established procedure in connection with criminal proceedings. (As amended by the federal laws on 18.06.2001. N 76-FZ; from Sept. 2, N 4-FZ) in respect of the persons referred to in paragraphs 1-12 of article 2 hereof, confidential information may be provided in conjunction with their assumption of Office or appointment to the post.
Procedure for implementing security measures in the form of ensuring the confidentiality of information about protected persons shall be established by the Government of the Russian Federation. (Part is supplemented by federal law from 21.12.2013 N 377-FZ), Article 10. Transfer to another job (service), change the place of work (services) or study, relocation to a new place on the application or with the consent of the protected persons referred to in paragraphs 1-12 of the first paragraph of article 2 of this federal law, they can be transferred to another, temporary or permanent, job (service), moved to a different, temporary or permanent, residence.
Article 11. Replacement documents, changing appearance

In exceptional cases, when the safety of the protected person cannot be achieved by other measures on his statement or with his consent may be issued identity documents and other documents with the amended personal data, and can also be made to change his appearance.
Chapter III. Authorities to ensure security.
The grounds and procedure for the application of the security measures Article 12. Authorities to ensure the security of the application and implementation of security measures is responsible for: 1) against judges of the arbitration assessors, jurors, prosecutors, investigators, staff of the investigative Committee of the Russian Federation, court officers and officials of the supervisory bodies referred to in the first part of article 2 hereof, as well as their loved ones-on the internal affairs agencies; (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 28.12.2010. N 404-FZ) 2) in respect of officials of internal affairs bodies, bodies of the Federal Security Service, customs bodies, bodies, bodies of the State guard to control the trafficking of narcotic drugs and psychotropic substances, the agencies and bodies of the penal system, as well as their loved ones-on the bodies respectively; (As amended by the federal laws of 21.07.98 N 117-FZ; 30.06.2003 N 86-FZ; from 08 N 424-FZ) 3) (repealed-federal law 30.06.2003 N 86-FZ) in internal affairs bodies, the organs of the Federal Security Service, the institutions and bodies of criminally-Executive system of customs bodies, to control the trafficking of narcotic drugs and psychotropic substances and Federal Government protection in order to ensure the security of protected persons are created in special units established order. (As amended by the federal laws of 21.07.98 N 117-FZ; 30.06.2003 N 86-FZ) security measures on military judges, prosecutors, military prosecutor, investigators and military leaders of the investigative bodies, the military, conducting an initial inquiry, members of the internal troops of the Ministry of Internal Affairs of the Russian Federation who took direct part in curbing the actions of armed criminals, illegal armed groups and other organized criminal groups, as well as their loved ones are also in command of the respective military unit or the Director of the respective military institution or relevant authority of military police to the armed forces of the Russian Federation. (As amended by the federal laws of 06.01.99 N 11-FZ; from 28.12.2010. N 404-FZ; from 03.02.2014 N 7-FZ) Article 13. Excuse and as a basis for the application of security measures, the reason for the application of the security measures for the protected person is: 1) the request of the said person;
2) message from the President of the Court or the head of the appropriate law enforcement or supervisory authority or the head of the State protection authority, as well as the head of the institution or body of the penal correction system; (As amended by the federal laws of 21.07.98 N 117-FZ; from 08 N 424-FZ) 3) getting the body providing the security, operational and other information on the existence of security threats.
The reason for the application of the security measures is sufficient evidence of the reality of the threats to the security of the protected person.
Article 14. The decision on the application of security measures to provide security, having been specified in the first part of article 13 hereof (treatment) about the existence of threats to the security of the protected person, shall have a term of not more than three days to decide on the application or the refusal of the application in respect of a specified person security measures. In cases of emergency, security measures are applied immediately.
In the cases referred to in paragraphs 2 and 3 of the first paragraph of article 13 of this federal law, for a decision on the application of security measures requires the consent of the protected person.
The decision on the application of the security measures body providing security, imposed a reasoned decision with specific security measures and timelines for their implementation, as reported to the protected person and the President of the Court (the head of the appropriate law enforcement or supervisory authority, the head of the State protection authority, the head of the institution or body of the penal system), which has requested on the application of the security measures in respect of a specified person. When the protected person can be given certain requirements, compliance with which is necessary for its security. (As amended by the federal laws of 21.07.98 N 117-FZ; from 08 N 424-FZ)

Failure in the application of security measures can be appealed against the protected person, as well as the President of the Court (the head of the law enforcement or supervisory authority, the head of the State protection authority, the head of the institution or body of the penal system), requesting the application of the security measures for specified persons to a higher authority by providing security, Prosecutor's Office or the Court. The complaint should be dealt with promptly. (As amended by the federal laws of 21.07.98 N 117-FZ; from 08 N 424-FZ) Article 15. The procedure for the application of security measures, the order of application of security measures is determined by this federal law and issued in its execution of normative legal acts.
Security authorities issue within its competence, in accordance with the legislation of the Russian Federation, normative legal acts regulating the Organization and tactics of implementing security measures. (Part is supplemented by federal law from 21.12.2013 N 377-FZ) these measures should not infringe on the housing, labour, pension and other rights protected by and others.
Article 16. Obligatoriness of execution of decisions on the application of security measures to ensure the security of decisions taken in accordance with their competences are obligatory for execution by officials of enterprises, institutions and organizations, to whom they are directed.
Article 17. The rights and obligations of the protected person, protected by a person in respect of whom the decision on the application of the security measures, has the right to: 1) know about applied security measures against him;
2) to request the application or non-application with respect to its specific security measures listed in the first part of article 5 hereof;
3) demand from the safety authority, except in respect of its ongoing security measures provided for in this federal law, or cancel any of the measures implemented;
4) appeal to a higher authority by providing security, Prosecutor's Office or the Court unlawful decisions and actions by officials carrying out security measures.
The protected person must: 1) comply with the legitimate demands of the body, providing security;
2) immediately inform the authority about each threat or illegal actions against it;
3) to treat the property granted to him by the specified body to ensure personal security;
4) not to divulge information about the measures taken in respect of its safety measures, without the permission of the Authority implementing those measures.
Article 18. Cancellation of safety measures In addressing threats to the safety of the protected person or in case of other grounds for cancellation of safety measures designated officer shall be made corresponding to the reasoned decision that declares a protected person.
The ruling can be appealed to stakeholders in the manner provided by paragraph four of article 14 hereof.
Article 19. Liability for violation of the requirements established by this federal law, officials providing security responsible for rejection or improper implementation of security measures in respect of the protected persons or disclosing information about specified measures, prosecuted in accordance with applicable law.
Officials of enterprises, institutions and organizations who seek decision makers to ensure security in the event of default, as well as the disclosure of information about the security measures were prosecuted in accordance with applicable law.
Disclosure of the protected person information about applied security measures against him if it resulted in serious consequences for others, entails criminal liability. Article 19-1. Protection of information on the implementation of the State protection of State protection shall be subject to the confidentiality of information about protected persons, if the normative legal acts of the Russian Federation, such information is not classified information constituting a State secret.
Order of protection information on the implementation of State protection and the provision of such information shall be established by the Government of the Russian Federation.
(Article supplemented by federal law from 21.12.2013 N 377-FZ), chapter IV. Social protection measures Article 20. Material compensation in case of death of an official, causing harm to his health, destruction of or damage to his property in connection with its performance the life and health of judges, the arbitration judge, juror, bailiff, officer of the law enforcement or supervisory authority, the employee

the authority of the State guard, an officer of the institution or body of the penal system are subject to compulsory State insurance in an amount equal to 180 times the size of the average monthly salary (average monthly salaries, monthly cash remuneration) judge, arbitral juror, juror, bailiff, officer of the law enforcement or supervisory authority, public safety officer, officer of the institution or body of the penal system. (As amended by the federal laws from 08 N 424-FZ; from Dec 25th N 269-FZ) public insurance Bodies pay insurance amount in case of: 1) death (death) listed in part 1 of this article persons during the period of work (services) or after the dismissal, withdrawal or removal of resignation, if it occurred as a result of causing bodily harm to the individual or other harm to their health from their performance management -their heirs in an amount equal to 180 times the size of the average monthly salary (average monthly salaries, monthly cash remuneration) judge, arbitral juror, juror, bailiff, officer of the law enforcement or supervisory authority, public safety officer, officer of the institution or body of the penal correction system; (As amended by the federal laws from 08 N 424-FZ; from Dec 25th N 269-FZ) 2) causing persons listed in paragraph 1 of this article, due to their service-related injuries or other harm to their health, precluding a further opportunity to engage in professional activities, in an amount equal to 36 times the size of the average monthly salary (average monthly salaries, monthly cash remuneration) persons whose health was damaged; (As amended by the Federal law dated 21.12.2012 N 269-FZ) 3) causing persons listed in paragraph 1 of this article, due to their service-related injuries or other harm to their health, not causing persistent disability, not influenced to engage in professional activities in future, in an amount equal to 12 times the size of the average monthly salary (average monthly salaries, monthly cash remuneration) , whose health has been harmed. (As amended by the Federal law dated 21.12.2012 N 269-FZ), while in accordance with the legislation of the Russian Federation several grounds for compulsory State insurance in cases established by this article, the compulsory State insurance is carried out only on one ground for choice official.
Obligatory State personal insurance established by the provisions of this article with respect to: individuals, the content of which is financed from the federal budget, a spending commitment of the Russian Federation;
other persons-is spending commitment of the Russian Federation.
Insurance guarantees to persons referred to in paragraph 12 of article 2 hereof, if they pass the municipal service shall be established by decision of the local authorities.
In the case of persons listed in paragraph 1 of this article, due to their service-related injuries or other harm to their health, precluding a further opportunity to engage in professional activities, they will be paid on a monthly basis as the difference between their average monthly salary (average monthly cash cash rewards monthly content) and their assigned accordingly without regard to the amount of pension benefits received by State insurance. (As amended by the Federal law dated 21.12.2012 N 269-FZ) in case of death (death) of these persons, including laid-off who resigned or removed as a result of bodily injury or other harm to their health in connection with their official activities incapacitated members of their families who were their dependants, compensation is paid on a monthly basis as the difference between the prihodivshejsja they were part of the wages (salaries monthly remuneration) and by the pension survivor's pension without taking into account the amount of benefits received by State insurance. To determine the specified part of the wages (salaries, monthly cash remuneration) average monthly salary (average monthly salaries, monthly wages) of the deceased is divided by the number of members of the family who were dependent on him, including able-bodied. (As amended by the Federal law dated 21.12.2012 N 269-FZ), while in accordance with the legislation of the Russian Federation several grounds for compensation payments in cases stipulated by this article, payment shall be made only on one ground for choosing recipient.

Damage caused by the destruction or damage of property belonging to persons referred to in paragraph 1 of this article, or their family members in connection with their official duties, shall be reimbursed to them or their families in full, including loss of profits, in the prescribed manner.
A ground for refusing payment of the sums insured and compensations in cases provided for in this article is only a sentence or order of a court in respect of a person found guilty of death (death) official referred to in the first paragraph of this article, or causing him bodily harm or destruction of or damage to property belonging to him, which found that these events are not associated with the performance of the person.
Soldier insurance guarantees referred to in paragraph 6-2 of the first paragraph of article 2 hereof, and their right to reparation provided in accordance with the Federal law of May 27, 1998 N 76-FZ "on the status of military servicemen".
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ), chapter v. Financing and logistical support to measures of State protection, article 21. Funding and logistical support to measures of State protection ensuring the public protection measures provided for in this federal law in respect of persons whose salaries are financed from the federal budget, a spending commitment of the Russian Federation and installed in accordance with the procedure determined by the Government of the Russian Federation;
other persons-is consumable commitments of constituent entities of the Russian Federation and municipal entities, respectively, depending on the source of their content.
(The part in edition of the Federal law dated 22/08/2004, no. 122-FZ) costs associated with the application of safety measures cannot be imposed on a protected person.
Chapter VI. Final provisions Article 22. The entry into force of this federal law this federal law shall enter into force on the expiry of ten days from the date of its official publication, with the exception of: articles 6, 7, 20, and article 11 in relation to changing the appearance of the protected person, which will take effect from January 1, 1996 onwards;
Article 10 in part to resettle the protected person to another place of residence, which shall enter into force from January 1, 1997 year.
(Part two lapsed federal law from 22/08/2004, no. 122-FZ), Article 23. Bringing of normative legal acts in accordance with this federal law normative legal acts of the President of the Russian Federation, the Government of the Russian Federation, departmental normative acts, normative legal acts of the bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government are in compliance with this federal law within two months from the date of its entry into force.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow April 20, 1995, N 45-FZ