On Introducing Changes And Additions Into The Law Of The Russian Federation "on The State Border Of The Russian Federation"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О Государственной границе Российской Федерации"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102044421

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "on the State border of the Russian Federation" adopted by the State Duma on October 4, 1996 year approved by the Federation Council of the year November 14, 1996 (as amended by the federal laws of the 30.06.2003 N 86-FZ;
from 22/08/2004, no. 122-FZ; from Dec. 30 N 266-FZ), Article 1. To the law of the Russian Federation "on the State border of the Russian Federation" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 17, art. 594; Collection of laws of the Russian Federation, 1994, no. 16, art. 1861) the following amendments and supplements: 1. In the third part of article 9, seventh part of article 11, in the first and second parts of article 12, in the second part of article 13, in the fourth part of article 14, article 17, article 18, article 20, in the second part of article 21, parts of the second, third and fourth article 22, article 23, in parts of the first third, fourth and fifth articles 24, paragraph, fifth paragraph 3, paragraph, sixth paragraph 4 paragraphs, the second, third, sixth and ninth paragraph 5, third subparagraph of paragraph 6 of article 28, fourth paragraph of article 29, in the heading of title VII, the title, the seventh part of the first paragraph, subparagraphs 3, 6, 7, 14 and 16, part two, part three, the first part of the fourth, fifth and sixth parts of article 30 in the title and the second part of article 33, in the first paragraph of article 34, in parts of the first and second article 35, article 36, in the second paragraph of article 37, article 38, article 40 word "border forces" were replaced with the words "organs and troops of the Russian Federal Border Service" in appropriate cases. (Ineffective portion of changes in the item 6 of article 28-the Federal law dated 30.06.2003 N 86-FZ; ineffective replacement words in parts 3 and 4 of article 22-the Federal law dated Dec. 30 N 266-FZ)
2. In the title of section VI, paragraphs one and two of article 27, paragraph 1, third paragraph, paragraphs of the fourth, fifth, eighth and ninth indents, paragraph 2, second, third and fifth paragraph 3, paragraphs sixth and seventh paragraph 4, second and fourth subparagraphs of paragraph 5, second indent, third and sixth paragraph 6 of article 28, paragraphs of the second, third and fifth article 29 in the title of section VII, first subparagraph of the first paragraph of article 31, part one of article 32, title, parts 1 and 3 of article 33, paragraphs in the name, second, fourth and fifth article 34, in parts of the first, second and eighth article 35, article 36, section VIII, third paragraph in the title and article 37, in the title and text of article 38 in section IX, in the title, the first and second parts of article 39, in the title and text of article 40, in the title and text of article 41, in the title and text of article 42, section XI, in the title and the first paragraph of article 45, the word "protection" should be replaced by the word "protection" in appropriate cases. (Ineffective portion of changes in the paragraphs 2 and 6 of article 28-the Federal law dated 30.06.2003 N 86-FZ)
3. Article 3 shall be amended as follows: "article 3. And protection of State Border Protection of the State border as part of the security management system of the Russian Federation and the implementation of the State border policy of the Russian Federation is the concerted activities of the federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-administration, exercised within the limits of their authority through the adoption of political, legal, diplomatic, economic, defence, border control, intelligence, counter-intelligence, intelligence, customs, environmental, sanitary-epidemiological, environmental and other measures. In this activity, in accordance with established procedure involved organizations and citizens.
Measures for the protection of the State border shall be adopted in accordance with the status of the State boundary, defined by the international agreements of the Russian Federation and the legislation of the Russian Federation.
The Russian Federation cooperates with foreign States in the sphere of protection of the State border on the basis of the universally recognized principles and norms of international law and international agreements of the Russian Federation.
State border protection provides the vital interests of the individual, society and the State on the State border within the border (border zone, the Russian part of the waters of the border rivers, lakes and other water bodies, the territorial sea and internal waters of the Russian Federation, where the border regime, border crossing points, as well as the territories of administrative districts and towns, sanatorium-resort areas, especially protected natural territories, objects, and other territories adjacent to the State border, the border zone, the shores of the border rivers, lakes and other bodies of water, the sea coast or checkpoints) and implemented by all federal executive bodies in accordance with their authority, established by the legislation of the Russian Federation.
Protection of the State border is an integral part of the protection of the State border and carried bodies and forces of the Russian Federal border service within the border area, the armed forces of the Russian Federation in the airspace and the submarine Wednesday and other actors (authorities) to ensure the security of the Russian Federation in cases and in the manner determined by the legislation of the Russian Federation. Protection of the State borders in order to prevent illegal changes of the State border, to ensure that natural and legal persons of the State border regime, edge treatment and at border crossing points. Measures for the protection of the State border are covered in this act as border measures.
Border measures are included in the system of security measures implemented within the framework of a unified State policy and related security threat to the vital interests of the individual, society and the State. ".
4. In the first and second subparagraphs of paragraph 3 of article 5, in parts of the sixth, tenth and fifteenth article 9, in the first part of article 16, in the second part of article 21, subparagraph 1 the second part of article 31, the words "territorial waters" were replaced by the words "territorial sea" in appropriate cases.
5. Article 5: in subparagraph b of paragraph 2, the words "(hereinafter-the territorial waters)" should be deleted;
in the first subparagraph of paragraph 3, the words "connecting points, geographical coordinates which are approved by the Government of the Russian Federation and declared in" notices to Mariners "was replaced by" connecting the corresponding points. The list of geographical coordinates of points, specifying their main source geodetic data is approved by the Government of the Russian Federation and published in "notices to Mariners".
6. the sixth paragraph of article 7, after the word "border" add the words "or near it in the territory of the Russian Federation".
7. Article 8: in the first part should be inserted after the word "order" to supplement the word "Setup";
in part three, the words "the border troops of the Russian Federation (hereinafter referred to as the border troops)" were replaced by the words "authorities of the border guard service and the border troops of the Russian Federal Border Service (hereinafter-bodies and forces of the Russian Federal Border Service)" and after the word "established" add the words "the Government of the Russian Federation".
8. In article 9: in the third part of the word "troops" were replaced with the words "organs and troops";
in the first sentence of paragraph 5 shall be amended as follows: "foreign non-military vessels and military ships have the right of innocent passage through the territorial sea of the Russian Federation subject to the universally recognized principles and norms of international law, international treaties of the Russian Federation, as well as the legislation of the Russian Federation.";
in the part of the sixth, after the words "(raids) of the Russian Federation" shall be supplemented with the words "outside the internal waters";
in part of the tenth in "civilian" submarines ", the word" non-military "should be deleted;
in subparagraph "b" of the twelfth, the words "the Federal service of counter-intelligence of the Russian Federation and the border troops of the Russian Federation" shall be replaced with the words "federal security service of the Russian Federation, the Federal border service of the Russian Federation and the Ministry of health of the Russian Federation";
in part one of the sixteenth after "(airport, airfield)" add the words "that alert authorities and troops of the Federal border service of the Russian Federation".
9. Article 11: part three shall be amended as follows: "not subject to pass across the State border, foreign nationals and stateless persons who, in accordance with the legislation of the Russian Federation is not allowed entry into the Russian Federation, as well as persons in the manner prescribed by the legislation of the Russian Federation decided to ban the departure from the Russian Federation.";

in part 5 of the text in brackets shall be amended as follows: "(check reason for border crossing of persons, vehicles, cargoes, goods and animals, inspection of vehicles, cargoes and goods in order to detect and apprehend violators of the rules for crossing the State border, transported goods, goods and animals that are prohibited under the legislation of the Russian Federation to import or export to the Russian Federation from the Russian Federation);
in the sixth part of the words "and medical industry" should be deleted;
in the seventh part of the word "bodies" were replaced by "Counterintelligence bodies of the federal security service.
10. To complement the law article 11-1 to read as follows: "article 11-1. Charging a fee for border clearance when implementing border controls making the border fee.
Making the border fee are charged at the following rates: 1) with the following persons across the State border,-0.8 minimum wage;
2) from the proprietors of transport vehicles and cargo: for inspection of passenger cars with the number of seats, including the driver's seat, to ten-two times the minimum wage; with the number of seats, including the driver's seat, ten or more three times the minimum wage;
for inspection of trucks carrying up to five tons, three times the minimum wage; ranging from five to twenty-seven times the minimum wage; carrying capacity of twenty or more tons-thirteen times the minimum wage. Inspection of trains consisting of two or more trailers, each trailer shall be considered as a separate vehicle;
for inspection of passenger and cargo aircraft with fewer seats to ten-seven times the minimum wage; with the number of seats from ten to fifty-thirteen times the minimum wage; with the number of seats from fifty to one hundred-twenty minimum wages; with the number of seats from one to two hundred-twenty-six times the minimum wage; with the number of seats more than two hundred and thirty-three times the minimum wage. For each full one hundred kilograms of cargo carried on a separate commodity-transport documents, an additional fee equal to 0.3 of the minimum wage;
for the inspection of cargo aircraft for each full one hundred kilograms of cargo-0.3 of the minimum wage;
for inspection of marine passenger vessels for each passenger seat-0.1 minimum wage; for each full one hundred kilograms of cargo, the next an independent commodity-transport documents,-0.1 minimum wage;
for inspection of marine cargo vessels with DWT up to 100 tons, three times the minimum wage; DWT 100-1000 tonnes to seven times the minimum wage; DWT thousand tons to seven times the minimum wage plus 0.1 minimum wage for each ton of cargo loaded onto a vessel over a thousand tons;
for the inspection of cargo carried by rail for every wagon-tank-0.3 of the minimum wage; for each different wagon-1.3 the minimum wage.
The procedure for making the border a levy shall be determined by the Government of the Russian Federation. "
11. Article 12: in the first part, after the words "organs and troops of the Federal border service of the Russian Federation" add the words "and other relevant federal authorities";
part two: after the first sentence, supplemented by the following sentence: "when designing these projects should provide premises and facilities necessary for the organisation of border and other controls.";
After the word "power" add the words "that are customers of construction"; (Repealed-Federal Act of 22/08/2004, no. 122-FZ) (Repealed-Federal Act of 22/08/2004, no. 122-FZ) 12. In the third paragraph of article 13, after the word "border" add the words "and to implement the objectives of the authorities and forces of the Russian Federal border service.
13. In the first part of article 15, the words "the Government of the Russian Federation" were replaced by the words "the head of the Russian Federal border service in coordination with the Ministry of Foreign Affairs of the Russian Federation".
14. In the third part of article 15, parts of sixth and eighth article 16, paragraph 2, fourth indent of the third paragraph and paragraph 6 of article 28, the words "the border troops of the Russian Federation" shall be replaced with the words "organs and troops of the Russian Federal Border Service" in appropriate cases. (Ineffective portion of changes in the paragraphs 2 and 6 of article 28-the Federal law dated 30.06.2003 N 86-FZ) 15. In the fourth and fifth paragraphs of the second part of article 16, in article 20, in the title and the first paragraph of article 21, paragraph 1 subparagraph 19 the second part of article 30, paragraph fourth part two article 32, the words "in territorial and inland waters" were replaced by the words "in the territorial sea and internal waters" in appropriate cases.
16. The second part of article 27 to supplement the following sentence: "the Federal border service of the Russian Federation is headed by a single centralized system, which includes border control authorities; the authority of the foreign intelligence service; operational entities, carrying out intelligence, counter-intelligence, investigative activities, to ensure its own security system of the Federal border service of the Russian Federation; the edge and the other organs of the border service; the border troops of the Russian Federal Border Service; military educational institutions of vocational education, as well as companies, institutions and other organizations, which are under the authority of the Federal border service of the Russian Federation in accordance with the legislation of the Russian Federation. "
17. In article 28: (void-the Federal law dated 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) (repealed-federal law 30.06.2003 N 86-FZ) in the fourth paragraph, after the word "Federation", add the words " , The Federal border service of the Russian Federation ";
supplement article paragraph 7 to read as follows: "7. The foreign intelligence service of the Russian Federation in collaboration with the Federal border service of the Russian Federation carries out intelligence activities for the protection of the State border".
18. In the second paragraph of article 29, the word "shall" should be replaced by the word "create".
19. Article 30: part one: the first paragraph shall be reworded as follows: "authorities and troops of the Russian Federal Border Service guarding the State border on land, sea, rivers, lakes and other water bodies at border crossing points, as well as skipping across the State border. To this end, they: ";
in the second paragraph, the words "military-technical measures" were replaced by the words "all available measures";
the fourth paragraph shall be reworded as follows: "conduct military, intelligence, counter-intelligence, investigative, monitoring bandwidth and the military-technical activities";
part two: the first paragraph shall be reworded as follows: "authorities and troops of the Russian Federal border service within the border area are entitled:";
subparagraphs 8 and 9 shall be amended as follows: "8) do in the documents of the State border crossing relevant notes and, if necessary, temporarily seize such documents, as well as confiscate invalid documents; extend expired Russian visas to foreign citizens and stateless persons in places where there is no representation of the Department of consular service of the Ministry of Foreign Affairs of the Russian Federation. For the extension of Russian visas expired ten days inclusive fee equal to ten minimum size of remuneration; for the extension of Russian visas expired more than ten days-seventeen minimum size of remuneration;

9) transmit to the Customs authorities and, in the absence of customs authorities detain discovered bodies and forces of the Russian Federal border service in carrying out their tasks for the protection of the State border within the border area floating across the border smuggling and other illegally transported goods across the State border, goods and means of transportation ";
in subparagraph 15 the word "law" should be replaced by the words "the law. Bodies of the Russian Federal Border Service quarterly and year-end issue background information on the number of persons crossing the State border, including nationality, purpose of visit (business, tourism, etc.), the balance of entry into and exit from the Russian Federation Russian Federation foreign nationals and citizens of the Russian Federation, as well as by stateless persons, together with the Customs authorities keep records of vehicles , cargo, goods and animals moved across the State border, including transit, quarterly and year-end issue background information on the number of vehicles, cargoes and goods displaced across the State border ";
subparagraph 17 shall be amended as follows: "17) bring to solving problems in the sphere of protection of the State border within the border area on a voluntary basis citizens consisting of associations, as freelance border services officers and other forms of support, as well as to encourage citizens who distinguished themselves in defending the State frontier";
supplement paragraphs 20 and 21, to read: "20) implement measures to ensure its own security system federal border service of the Russian Federation in accordance with the Federal law" on operational investigative activities ";
21) in accordance with the legislation of the Russian Federation to impose a fine for smuggling of persons across the State border. (P r and m e h a n and e. Payment of the fine does not relieve carriers from the obligation to reimburse the actual costs of sending foreign nationals or stateless persons in the Russian Federation delivered without established for entering documents in where foreign citizens or stateless persons started their trip, or in any other place where entry is permitted, as well as from the actual costs for the maintenance and removal of them outside the territory of the Russian Federation).
20. In the first part of article 33, the words "the commanders of the troops of the frontier districts, groups of border troops" were replaced by the words "the commanders of border districts, groups of border troops of the Russian Federal Border Service" and the words "internal troops districts" were replaced by "forces of internal troops districts."
21. In the fourth subparagraph of article 34, the words "the commanders-in-Chief of frontier troops, anti-aircraft Troops" were replaced by the words "the head of the Russian Federal border service, the commanders-in-Chief of the air defense Troops.
22. Article 35: in the first part should be inserted after the word "border" add the words "within the border area";
in the fourth part, after the words "applicable" add the words "repelling armed invasion,".
23. In article 36, after the words "for the protection of the State border," add the words "within the border area, as well as to ensure their own security system federal border service of the Russian Federation".
24. Article 37: third paragraph after the word "border" add the words "within the border area";
supplement article part 2 to read as follows: "the statutes of municipalities located entirely or partially in the border area, may be provided for local government officials on border issues.
25. In article 38, after the words "border" add the words "within the border area," and after the words "in the" add the words "public associations".
26. Article 44 shall be reworded as follows: "article 44. Financial provision of financial security for the protection of the State border protection of the State border is financed from the federal budget and the federal budget of the Trust Fund for the development of the Russian Federal border service, formed in accordance with the legislation of the Russian Federation.
The Foundation for the development of the Russian Federal border service will be credited: twenty-five per cent of the amounts collected as fines for the identified bodies and forces of the Russian Federal Border Service offences relating to violation of the regime of the State border, the border regime, regime at crossing points on the State border, as well as proceeds from the sale of property confiscated for such breaches and smuggling, detectable or monthly basis in accordance with subparagraph 9 of part 2 of article 30 of this law;
funds received by bodies and forces of the Russian Federal border service from the levy for border clearance in the implementation of border control and the fee for late renewal of Russian visas to foreign citizens and persons without citizenship.
Development funds of the Russian Federal border service is an additional source of funding for the system of the Russian Federal border service in excess of the funds allocated from the federal budget for its content, and are to be used for construction of the State border, the equipment and the development of the Russian Federal border service, improving the social security of military personnel, civilian personnel system of the Russian Federal border service, and members of their families in order determined by the legislation of the Russian Federation.
The situation on the Development Fund of the Russian Federal border service is approved by the Government of the Russian Federation. "
Article 2. This federal law shall enter into force on the day of its official publication.
Article 3. The President of the Russian Federation and to entrust the Government of the Russian Federation to bring its legal acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N November 29, 1996 148-FZ