Concerning Counter-Terrorism

Original Language Title: О борьбе с терроризмом

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spent power from January 1, 2007 -Federal Law of 06.03.2006 N 35-FZ RUSSIAN FEDERATION FEDERAL LAW On combating terrorism Adopted by the State Duma on 3 July 1998 Approved by the Federation Council on 9 July 1998 (In the wording of federal laws 07.08.2000) N 122-FZ; dated 21.11.2002. N 144-FZ; dated 30.06.2003. N 86-FZ; of 22.08.2004 N 122-FZ; 07.03.2005 N 15-FZ This Federal Law defines the legal and organizational framework for the fight against terrorism in the Russian Federation, and the procedure for coordinating the activities of the counter-terrorism federal agencies. OF THE PRESIDENT OF THE RUSSIAN FEDERATION To combat terrorism. CHAPTER I. GENERAL PROVISIONS Article 1. The legal basis for the fight against terrorism The legal basis for the fight against terrorism is the Russian Constitution, Criminal Code of the Russian Federation, this Federal Act, other federal laws, generally recognized principles and norms of international law, international treaties THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Fundamence of the fight against terrorism Combating terrorism in the Russian Federation is based on the following principles: 1) legality; (2) the priority of terrorism prevention measures; (3) The inevitability of punishment for carrying out terrorist activities; 4) combining vowels and unspoken methods of combating terrorism; 5) comprehensive use of preventive legal, political, social and economic, promotional measures; 6) Protection of the rights of persons exposed to danger from a terrorist attack; 7) minimum assignments to a terrorist; 8) unity of command in the conduct of counter-terrorist operations; 9) minimum publicity for technical receptions and tactics for counterterrorism operations, as well as the composition of the participants in those operations. Article 3. Key concepts For the purposes of this Federal Act, the following basic concepts are applied: terrorism-violence or threat of its use against natural persons or organizations, and destruction (damage) or Risk of destruction (damage) of property and other tangible objects endangering loss of life, causing significant damage to property or other socially dangerous consequences carried out for the purpose of violation public safety, intimidation or The adoption by the authorities of decisions favourable to terrorists or to the satisfaction of their improper property and/or other interests; an attack on the life of a public or public figure committed with the aim of terminating its State or Other political activities or retaliation for such activities; attack against a representative of a foreign State or an international organization employee, as well as office space or vehicles Persons under international protection if the act is committed in the purpose of the provocation of war or the complications of international relations; terrorist activity-activities that include: 1) organization, planning, preparation and execution of a terrorist attack; 2) incitement to terrorist action, violence against individuals or organizations, destruction of material objects for terrorist purposes; 3) organization of an illegal armed group, criminal association (a criminal organization), organized by the group to commit terrorist action, as well as participation in such action; 4) the recruitment, arming, training and use of terrorists; 5) the financing of or other assistance to a terrorist organization or terrorist group; international terrorist activity-terrorist activities carried out by: 1) a terrorist or terrorist organization on the territory of more than one State or detrimental to the interests of more than One State; 2) nationals of one State in respect of nationals of another State or territory of another State; (3) where both the terrorist and the victim of terrorism are nationals of the same State or of different States, but the offence is committed the territories of these States; terrorist action: direct commission of a terrorist offence in the form of explosion, arson, use or threat of use of nuclear explosive devices, radioactive chemical, biological, explosive, toxic, toxic, potent, poisonous substances; destruction, damage or seizure of vehicles or other facilities; attacks on the lives of a public or public figure, national, ethnic, religious or other groups (...) (...) (...) (...) danger; proliferation of threats in any form and by any means; other Actions that create a risk of loss of life, substantial property damage or other social consequences; offences of a terrorist nature-offences covered by articles 205-208, 277 and 360 of the Criminal Code of the Russian Federation. Other offences under the Criminal Code of the Russian Federation may be included in offences of a terrorist nature if they are committed for terrorist purposes. Responsibility for the commission of such crimes is in accordance with the Criminal Code of the Russian Federation; terrorist is a person involved in any form of terrorist activity; Group is a group of persons united for the purpose of carrying out terrorist activities; terrorist organization, established for the purpose of carrying out terrorist activities, or accepting the possibility of being used in of the activities of terrorism. The organization is recognized as terrorist if at least one of its structural units is carrying out terrorist activities with the knowledge of at least one of the governing bodies of the organization; Prevention, detection, suppression, minimization of the consequences of terrorist activities; Counter-terrorist operation-special measures aimed at suppressing the terrorist act, ensuring the safety of physical persons to the clearance of terrorists, as well as to minimize the consequences of a terrorist act; a zone of counter-terrorist operation-selected areas of the area or waters, vehicle, building, structure, construction, premises and adjacent territories or waters, in of which the specified operation is carried out; hostage is a physical person seized and/or detained for the purpose of nubbing a State, organization or individual to perform or abstain from doing any act any act as a condition for the release of the detained person. Article 4. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Russian Federation, in accordance with international treaties, cooperates in the field of counter-terrorism with foreign States, their law enforcement agencies and special services, as well as with international organizations implementing The fight against terrorism. 2. The Russian Federation, guided by the interests of the security of the individual, society and the State, is pursuing, in its territory, persons involved in terrorist activities, including in cases where terrorist acts were planned. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Chapter II. PRINCIPLES OF TERRORISM Article 5. The objectives of the fight against terrorism Combating terrorism in the Russian Federation are aimed at: 1) the protection of the individual, society and the State against terrorism; (2) the prevention, detection and suppression of terrorist acts. Activities and minimization of its effects; 3) to identify and address the causes and conditions conducive to terrorist activities. Article 6. Counter-terrorism entities 1. The Government of the Russian Federation is the main actor in the direction of combating terrorism and providing it with the necessary resources, resources and resources. 2. The federal executive authorities are involved in the fight against terrorism within the limits of its competence, established by federal laws and other normative legal acts of the Russian Federation. 3. The entities directly involved in the fight against terrorism are: Federal Security Service of the Russian Federation; Ministry of Internal Affairs of the Russian Federation; Foreign Intelligence Service of the Russian Federation; Federal Guard Service of the Russian Federation; Ministry of Defence of the Russian Federation. Federal law dated 30.06.2003. N 86-F) 4. The entities involved in the prevention, detection and suppression of terrorist activities within their competence are other federal executive authorities, the list of which is determined by the Government of the Russian Federation. 5. In the event of the elimination, reorganization or renaming of the federal executive authorities listed in this article, their functions in the area of counter-terrorism shall be transferred to their successors. 6. In accordance with the decisions of the President of the Russian Federation or the decisions of the Government of the Russian Federation, counter-terrorism commissions may be established in order to coordinate the activities of the entities involved in the fight against terrorism. at the regional level. The Federal Antiterrorist Commission performs the following main tasks: is working on the basis of state policy in the field of counter-terrorism in the Russian Federation and recommendations aimed at increasing Effectiveness of the identification and elimination of causes and conditions conducive to terrorism and terrorist activities; collects and analyses information on the state and trends of terrorism in the territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the executive branch in the fight against terrorism with a view to achieving coherence in the prevention, detection and suppression of terrorist acts, as well as the identification and elimination of the causes and conditions conducive to Preparation and implementation of terrorist acts; takes part in the preparation of international treaties in the Russian Federation in the field of counter-terrorism; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7. The competence of the entities involved in the fight against terrorism 1. The entities involved in the fight against terrorism are guided in their activities by this Federal Law, other federal laws, generally recognized principles and norms of international law, international treaties of the Russian Federation, and (b) Also issued on the basis of legal acts (including inter-institutional) regulating this activity. 2. The Federal Security Service of the Russian Federation and its territorial bodies in the constituent entities of the Russian Federation combat terrorism by preventing, detecting and suppressing terrorist offences, including criminal procedural law shall be conducted in accordance with the law 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 Criminal cases involving such crimes. Border agencies fight terrorism by preventing, detecting and suppressing attempts by terrorists to cross the State border of the Russian Federation, as well as illegal movement through OF THE PRESIDENT OF THE RUSSIAN FEDERATION on the Safety of National Maritime Navigation of the Russian Federation and in the conduct of counter-terrorism operations. (The paragraph is amended by the Federal Law of 30 June 2003). N 86-FZ; in the wording of Federal Law of 07.03.2005 N 15-FZ 3. The Ministry of Internal Affairs of the Russian Federation is combating terrorism through the prevention, detection and suppression of terrorist crimes with mercenary motives. 4. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federation, their staff and their families, and the gathering of information on the activities of foreign and international terrorist organizations. 5. The Federal Security Service of the Russian Federation is engaged in the fight against terrorism by ensuring the safety of State security and protected objects. 6. The Ministry of Defence of the Russian Federation provides for the protection of weapons of mass destruction, missile and small arms, ammunition and explosives, protection of military facilities and also takes part in security Safety of national maritime navigation, the airspace of the Russian Federation and the conduct of counter-terrorism operations. 7.(Spconsumed by Federal Law of 30.06.2003) N 86-F) Article 8. The principal functions of the entities involved in the fight against terrorism are the Federal executive authorities listed in article 6 of this Federal Law and their territorial bodies in the constituent entities of the Russian Federation participate in the fight against terrorism within the limits of their competence through the development and implementation of preventive, secure, organizational, educational and other measures to prevent, detect and suppress terrorist activities; and Maintenance of departmental counteraction systems of terrorist offences; provision of logistical and financial resources, information, vehicles and communications equipment, medical equipment and medicines, and other forms of the fight against terrorism. The Government of the Russian Federation establishes the procedure for the provision of logistical and financial resources, information, vehicles and communications equipment, medical equipment and medicines. Article 9. Assistance to bodies implementing counter-terrorism 1. The executive authorities of the constituent entities of the Russian Federation, local authorities, voluntary associations and organizations, irrespective of their form of ownership, should assist the authorities responsible for combating terrorism. Terrorism. 2. Communication to the law enforcement authorities about the reported terrorist activities and any other circumstances that may contribute to the prevention, detection and suppression of terrorist acts. activities, as well as minimizing its effects, is a civic duty for everyone. Chapter III. TERRORISM COUNTER-TERRORISM Article 10. Counter Terrorism Operation 1. An operational headquarters, headed by a representative of the Federal Security Service of the Russian Federation or the Ministry, is being established to directly control the counter-terrorist operation in accordance with the decision of the Government of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the constituent entities of the Russian Federation and regions of the Russian Federation, operational headquarters, the number and composition of which depend on the local conditions and the nature of possible terrorist actions in the territories of the regions of the Russian Federation. 3. The operational headquarters for the management of counter-terrorist operations in the constituent entity (region) of the Russian Federation is headed by the head of the territorial body (unit) of the agency whose competence will be predominant in the conduct of the counterterrorism operation. In the event of a change in the nature of the terrorist act, the head of the counterterrorism operation may be replaced in accordance with the decision of the chairman of the relevant interdepartmental anti-terrorist commission. 4. The operations of the operational headquarters for the management of the counter-terrorism operation are governed by the provision approved by the chairperson of the relevant inter-agency counter-terrorism commission. The operational headquarters of the Counter-Terrorism Operation is being developed on the basis of a model provision approved by the Federal Anti-Terrorism Commission. Article 11. Force and facilities for a counter-terrorist operation To conduct a counter-terrorist operation, the operational headquarters of counter-terrorism operations has the right to attract the necessary forces and facilities The federal executive authorities who take part in the fight against terrorism in accordance with article 6 of this Federal Law. The federal executive authorities and the executive authorities of the constituent entities of the Russian Federation provide the weapons and special means, vehicles and means of communication necessary for the carrying out of a counter-terrorism operation. Logistics. Article 12. Counter Terrorism Operation Guide 1. All military personnel, personnel and professionals involved in the counter-terrorism operation have, since the beginning of the operation, been under the authority of the head of the operational headquarters for the management of the counter-terrorism operation. 2. Depending on the scale and degree of public danger, a representative of the Federal Anti-Terrorism Commission may be appointed by the head of the counterterrorism operation against the expected negative consequences of a terrorist act. In accordance with the decision of the President of the Russian Federation, the head of the operational headquarters for the management of the counterterrorism operation may be appointed head of the federal executive authority. 3. The head of the operational headquarters for the management of the counterterrorism operation determines the boundaries of the area of counter-terrorism operations and decides on the use of force and means employed to carry out the operation. Interference by any other person, regardless of the position in the operational direction of the counterterrorism operation, is not permitted. Article 13. The legal regime in the Counter-Terrorist Operation 1. In the area of anti-terrorist operation, the persons conducting the operation have the right: 1) to take measures, if necessary, to temporarily restrict or prohibit the movement of vehicles and pedestrians on the streets and roads, on the prevention of vehicles, including vehicles of diplomatic missions and consular offices, and citizens in selected areas and facilities or for the removal of citizens from selected sites and facilities, as well as on the towing of vehicles; (2) to check for citizens and officials who verify their identity and, in the absence of such documents, detain the persons identified for identification; (3) detain and bring to the internal affairs authorities of the Russian Federation the perpetrators or committing offences or other acts aimed at obstructing the legitimate requirements of persons conducting a counter-terrorist operation, as well as actions related to unauthorized entry or attempt to enter the zone counter-terrorist operation; 4) unhindered entry (entry) into residential and other citizens ' premises and on their own land, in the territory and in the premises of the organizations, regardless of their form of ownership, to vehicles for the purposes of restraint terrorist acts, in the prosecution of persons suspected of having committed a terrorist act, if a delay can create a real threat to the life and health of the people; 5) to produce at the pass (pass) to the holding area The counter-terrorist operation and the exit (exit) of the designated area of body search of citizens, inspection of their belongings, inspection of vehicles and their belongings, including through the use of technical means; 6) to use means of communication, including special, owned by citizens and organizations, for official purposes regardless of form of ownership; 7) use for official purposes vehicles belonging to organizations, regardless of their form of ownership, except diplomatic, consular and other vehicles international organizations and, in urgent matters, To prevent terrorist acts, to prosecute and detain persons who have committed a terrorist act, or to bring persons in need of urgent medical care into a medical institution or travel to a place incidents. 2. In the area of counter-terrorism operations, the operations of media workers are regulated by the head of the operational headquarters for the management of the counter-terrorist operation, unless otherwise provided by the federal law. Article 14. Negotiating with terrorists 1. In the course of a counter-terrorist operation to preserve the lives and health of the people, the material values, as well as to study the possibility of suppressing a terrorist action without the use of force, it is possible to negotiate with terrorists. Only persons specially authorized by the head of the operations headquarters to manage the counter-terrorist operation are allowed to negotiate with terrorists. 2. When negotiating with terrorists as a condition for their cessation of terrorist action, the issue of the extradition to terrorists of any persons, the transfer of arms and other means and objects that may be used by terrorists should not be considered. To endanger the lives and health of the people, as well as the question of meeting the political demands of terrorists. 3. Negotiating with terrorists may not serve as a ground or condition for their release from responsibility for the acts committed. Article 15. Information to the public about a terrorist attack 1. In counter-terrorism operations, the public is informed of the terrorist act in the form and scope determined by the head of the operations headquarters for the operation of the counter-terrorism operation or representative of the said headquarters, which is responsible for communicating with the public. 2. Disseminating information: 1) revealing special technical techniques and tactics to conduct counter-terrorist operations; 2) that can make counter-terrorist operations more difficult and pose a threat The lives and health of people in the anti-terrorist operation zone or outside the designated zone; 3) employees to promote or excuse terrorism and extremism; 4) on special staff the operational headquarters of the The counter-terrorist operation in the conduct of the operation, as well as the persons assisting in the conduct of the operation. Article 16. The end of the counterterrorism operation 1. The counter-terrorism operation is considered to be completed when the terrorist attack has been stopped and the threat to the life and health of people in the anti-terrorist operation zone has been eliminated. 2. The decision to declare a counter-terrorist operation is completed by the head of the operational headquarters for the management of the counterterrorism operation. Article 16-1. The suicide of terrorists who have died in suppressing the terrorist attack The terrorists who died as a result of the suppression of a terrorist attack are carried out in the order established by the terrorists. The Government of the Russian Federation. Their bodies are not given for burial and burial places are not reported. (Article padded-Federal law dated 21.11.2002 N 144-FZ) CHAPTER IV. THE REPARATION OF THE TERRORIST IN TERRORIST ACTS, AND SOCIAL REHABILITATION OF INDIVIDUALS TERRORIST ACTS IN THE TERRORISM Article 17. Reparation for the damage caused by the terrorist action 1. Reparation for damage caused by a terrorist act shall be made from the budget of the constituent entity of the Russian Federation in whose territory the terrorist act was committed, with the subsequent recovery of the amount of the compensation from Caitator of harm in accordance with the procedure established by the civil procedural law. 2. Reparation for damage caused by a terrorist act committed in the territories of several constituent entities of the Russian Federation, as well as compensation for damage caused to one entity of the Russian Federation and above the possibility of compensation In the case of the Russian Federation, the federal budget shall be funded from the federal budget and the subsequent recovery of the amount of the compensation from the injurer in the manner prescribed by the civil procedure law. 3. The compensation for damage caused to foreign nationals as a result of a terrorist act committed in the territory of the Russian Federation shall be made at the expense of the federal budget, with the subsequent recovery of the amount of the compensation from the injurer. 4. The compensation for damage caused to the organization as a result of a terrorist act shall be made in accordance with the procedure established by the Civil Code of the Russian Federation. Article 18. Social rehabilitation of victims as a result of a terrorist attack 1. The social rehabilitation of victims of terrorist acts is carried out with a view to their return to normal life, including legal assistance to these persons, their psychological, medical and vocational rehabilitation, Employment up to reinstatement of employment, provision of housing. 2. The social rehabilitation of victims of terrorist acts, as well as persons listed in article 19 of this Federal Law, shall be carried out at the expense of the federal budget and the budget of the constituent entity of the Russian Federation, the territory of which this terrorist action has been committed. 3.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ ) CHAPTER V. LEGAL AND SOCIAL PROTECTION OF INDIVIDUALS RELEVANT TO COUNTER TERRORISM Article 19. Persons involved in the fight against terrorism subject to legal and social protection 1. Those involved in the fight against terrorism are protected by the State. Legal and social protection are subject to: 1) military personnel, employees and specialists of the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation directly participating in the Combating terrorism; (2) persons who promote, on a permanent or temporary basis, public authorities involved in the fight against crime, in the prevention, detection, suppression and minimization of terrorist activities consequences; 3) family members of persons listed in subparagraphs 1 and 2 Paragraph 1 of this article, if the need for their protection is due to the participation of listed persons in the fight against terrorism. 2. The social protection of persons involved in the fight against terrorism is based on the legal status of such persons, established by federal laws and other normative legal acts, in accordance with the procedure established by the Government of the Russian Federation. Article 20. Reparation for persons involved in the fight against terrorism 1. The harm caused to the health or property of persons listed in article 19 of this Federal Act in connection with their participation in the fight against terrorism shall be compensated in accordance with the law of the Russian Federation. 2. In the event of the death of a person who took part in the fight against terrorism, the family members of the deceased and their dependents receive a lump-sum payment of $100,000 for the counter-terrorist operation In the event of loss of a breadwinner, a pension is granted for the loss of the breadwinner, as well as the benefits for housing, housing and utilities, if such benefits were available to the deceased. In the wording of the federal laws, 07.08.2000 N 122-FZ; of 22.08.2004 N 122-F) 3. In the event that a person who participated in the fight against terrorism was injured in a counterterrorism operation, the person was paid a lump sum of 50 000 In accordance with the law of the Russian Federation, the amount of the pension is equal to that of the Russian Federation. N 122-FZ) 4. In the event that a person who participated in the fight against terrorism was injured in a counter-terrorist operation that did not result in a disability, the person is paid a one-off benefit of 10 The wording of the Federal Law No. N 122-FZ) 5. In the case of the Russian Federation, the payment is made on one basis at the same time, in accordance with the legislation of the Russian Federation. The paragraph is supplemented by the Federal Law of 22.08.2004. N 122-FZ) Article 21. Exemption from liability for damage When a counterterrorism operation is conducted on the basis and within the limits prescribed by law, it is permissible to harm the life, health and property of terrorists; and Other legal interests. At the same time, military personnel, specialists and other persons involved in the fight against terrorism are exempted from liability for damage caused during the counter-terrorist operation, in accordance with the legislation of the Russian Federation. Article 22. { \field { \field { \field { \field { \field } } { \cs6\f1\cf6\lang1024 } Privilege { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } One day and one and a half days of service are counted for the purpose of the pension, and one day of service for three days in the course of a counter-terrorist operation (if Russian law does not provide for more favourable calculation (...) (...) Chapter VI: ACCOUNTABILITY FOR PARTICIPATION IN TERRORISM Article 23. The responsibility for participation in terrorist activities Persons responsible for terrorist activities are liable under the law of the Russian Federation. Article 24. Features of the criminal and civil terrorist activities of the Terrorist Offences Case and the Reparation for Injuries Resulting Case The court may consider a terrorist act in closed court proceedings in accordance with all the rules of procedure. Article 25. Responsibility of the organization for terrorist activity 1. The organization is recognized as terrorist and is subject to liquidation by a court decision. When liquidating an organization that is recognized as terrorist, property belonging to it is confiscated and proceeds to the State' s revenue. 2. In case of recognition by the court of the Russian Federation of an international organization (its branch, branch, representation) registered outside the Russian Federation, the activities of the organization in the territory of the Russian Federation are prohibited. The Russian Federation, its Russian branch (branch office, representative office) is liquidated, and the property and property of the said international organization located in the territory of the Russian Federation shall be confiscated and turned into income. States. 3. An application for the organization to be held responsible for terrorist activities shall be referred to the court by the Procurator-General of the Russian Federation or subordinate to it by the prosecutors. Chapter VII. MONITORING AND OVERSIGHT OF THE IMPLEMENTATION OF THE COUNTER-TERRORISM Article 26. The President of the Russian Federation and the Government of the Russian Federation are responsible for monitoring the implementation of the fight against terrorism in the Russian Federation. Article 27. Supervision of the legality of the fight against terrorism 1. The Procurator-General of the Russian Federation and the procurators subordinate to him are supervised by the Procurator-General of the Russian Federation. 2. The Procurator's Office of the Russian Federation, within the limits of its competence, also carries out activities to prevent terrorist activities, in accordance with the criminal procedure legislation of the Russian Federation Investigating, supervising the investigation of criminal cases linked to terrorist activities, supports the public prosecution of such cases in the courts, and also takes other measures in accordance with the law of the Russian Federation. THE RUSSIAN FEDERATION Chapter VIII. FINAL PROVISIONS Article 28. The regulation of legal acts in accordance with this Federal Law Federal laws and other regulatory legal acts are to be brought into conformity with this Federal Law within a period of three months. The Conference of the United Article 29. The entry into force of this Federal Law is effective from the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 25 July 1998 N 130-FZ