About Departmental Protection

Original Language Title: О ведомственной охране

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RUSSIAN FEDERATION FEDERAL LAW On departmental security Adopted by the State Duma on 17 March 1999 Approved by the Federation Council on 31 March 1999 class="ed">(In the wording of federal laws of 15.06.2006) N 88-FZ; of 01.12.2007 N 318-FZ; dated 07.05.2009 N 89-FZ; of 25.11.2009 N 267-FZ; of 22.11.2010 N 305-FZ; of 27.06.2011 N 156-FZ; dated 20.04.2014. N 75-FZ; dated 21.07.2014 N 259-FZ; dated 13.07.2015. N 216-FZ; dated 13.07.2015. N 230-FZ) This Federal Act defines the organizational and legal bases for the establishment and operation of departmental security. CHAPTER I GENERAL PROVISIONS Article 1. The basic concepts of this Federal Act are the following: Departmental security-a set of newly created rights to create departmental security for federal agencies of the executive branch and organizations of the Government, the forces and means intended for the protection of protected objects from unlawful encroachment; (In the wording of the Federal Law 01.12.2007 N 318-FZ ) protected buildings, structures, structures, adjacent territories and waters, vehicles, and goods, including transportation, cash and other property (hereinafter referred to as "the"). property) to be protected against unlawful trespass; the order regime is the order of the set of activities and rules that preclude the uncontrolled entry (exit) of persons, the entry (exit) of vehicles, Entry (s), imports (exports) of assets to protected sites and protected areas objects; intractable mode is the order by which a set of activities and rules are performed by persons on protected objects, in accordance with the requirements of internal work order and fire safety. Article 2. The main tasks of departmental security The main tasks of departmental security are: Protection of protected objects from unlawful encroachment; security on protected objects (a) The prevention and control of crime and administrative offences at protected sites. Other tasks for departmental security may be assigned in accordance with federal laws. Article 3. The basic principles of departmental security are Departmental security operates on the basis of principles: respect for and observance of human and civil rights and freedoms; legality; interaction with state security agencies. Article 4. Legal regulation of departmental protection The legal regulation of departmental security is governed by this Federal Law, other federal laws, and also adopted in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Chapter II The ORGANIZATION OF CONVENTIONAL PROTECTION Article 5. Organization of departmental security The federal executive authorities are authorized by the Government of the Russian Federation. The federal law may establish the rights to establish the institutional protection of the organization. The structure of departmental security organs, the number of departmental security personnel and the organization of their activities are determined by the provisions on departmental security which are drawn up by the competent authorities for the establishment of the departmental security system. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Article as amended by the Federal Law of 01.12.2007) N 318-FZ) Article 6. Employees of the departmental security of the department may be citizens of the Russian Federation who have reached the age of 18 years, who are fit for health and business qualities in carrying out the tasks assigned to departmental security. Employees of departmental security are covered by the Russian Federation's labour legislation. Employees of departmental security are required to undergo a preventive medical examination every year, including chemical toxicological studies of the presence of narcotic drugs, psychotropic substances in the body and their metabolites, as well as periodic roadworthiness tests, in the context of the use of firearms and special means. The procedure for passing this preventive medical examination and the form of the conclusion issued by the results thereof shall be established by the federal executive body responsible for the formulation and implementation of public policy. and the regulatory framework in the field of health care. The procedure for performing periodic inspections on fitness for action in the context of the use of firearms and special means shall be established by the Ministry of the Interior of the Russian Federation. (In the wording of the Federal Law No. N 230FZ) The training of employees of departmental security is conducted in the manner determined by the competent federal executive bodies and organizations. (In the wording of the Federal Law of 1 December 2007, N 318-FZ) Employees of departmental security perform duties in uniform, with official certificates and tokens, samples of which are developed and approved by entitled The establishment of departmental security by the federal executive authorities and organizations. (In the wording of the Federal Law of 1 December 2007, N 318-FZ) It is prohibited to use samples of uniforms used in public paramilitary organizations. Employees of departmental security after vocational training and medical examinations in the line of duty are entitled to use of physical force, special means and firearms in order, under this Federal Act. Employees of departmental security, performing duties related to the accounting, storage, bearing and use of arms, shall be subject to the State fingerprinting registration in accordance with the law of the State of the Republic of Korea. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of 27 June 2011). N 156-FZ) Article 7. Restrictions on hiring in the departmental security The citizen cannot be accepted to work in departmental security in the cases of: recognition by his or her incompetent or limited competent court decision, that have entered into force; having a clear or unexpunged criminal record; the lack of residence registration; the existence of a confirmed medical organization of the disease preventing it of official duties; depriving him of his or her right to hold positions in the civil service, local authorities or to engage in protection activities by a court sentence that has entered into force. Article 8: Protected objects The security guards: protected objects that are State property and are under the jurisdiction of the respective federal authorities of the executive branch; objects that are the property of the State Atomic Energy Corporation Rosatom (including its operational management rights); ownership of joint-stock companies (their subsidiaries) of the State Rosatom Atomic Energy Corporation; the Federal State Corporation for Atomic Energy of the Rosatom State Atomic Energy Corporation, Rosatom; State unitary enterprises; objects that are the property of the State Corporation for Space Activities of Roscosmos (including its operational management rights); joint-stock companies (children) of the State Corporation for Space Activities of Roscosmos; Unitary enterprises and federal institutions, in respect of which the State Corporation for Space Activities Roscosmos State Corporation carries out the rights of the owner of the property (the function of the founder) on behalf of the Russian Federation; objects owned by the State corporations to promote the development, production and export of hi-tech industrial products "Rostec"; State unitary enterprises, for which the State Corporation to Promote the Development, Production and Export of high-tech industrial products "Rostec" exercises the rights of the owner of the property; objects owned by the State Corporation promoting the development, production and export of high-tech industrial products "Rostec". (Part of the Federal Law dated 13.07.2015 N 216-FZ ) The responsible security of the owning organization of the Unified Gas Supply System shall protect the objects of the fuel and energy complex belonging to the property rights of the said organization; and (or) its subsidiaries and products supplied under the State contract. (Part of the addition is the federal law of 20 April 2014. N 75-FZProtection of the strategic joint stock company engaged in the management of trunk oil pipelines and oil product pipelines belonging to it and/or joint-stock companies, 50% of voting shares (shareholdings) of which are owned by this strategic joint-stock company or its subsidiaries, protect the objects of the fuel and energy complex belonging to the right property of these organizations and of products supplied by on a state contract. (Part of the addition is the federal law of 20 April 2014. N 75-FZ) The protection of strategic joint stock company engaged in hydrocarbon production and processing activities is protecting fuel and energy objects A complex belonging to the right of ownership to the aforementioned strategic joint stock company and/or its subsidiaries and products supplied under the state contract. (Part of the addition is the federal law of 20 April 2014. N 75-FZ)Protected objects of other forms of property under the jurisdiction of the respective federal executive authorities shall be protected by treaties. The list of protected objects is determined by the federal executive authorities and organizations entitled to the establishment of departmental security and approved in accordance with the procedure established by the Government of the Russian Federation. (Article in the wording of the Federal Law of 01.12.2007) N 318-FZ) Article 9. Special Means and Firearms, Departmental Security Officers are entitled to the use of special funds and service of firearms. The Government of the Russian Federation determines the types, types and models of official firearms, ammunition and the rules of their enforcement. The right to create departmental security for federal executive authorities and organizations may be granted temporary use on the basis of normative legal acts of the Government of the Russian Federation. In the internal affairs bodies, certain types and models of combat hand firearms are used to carry out their duties for the protection of protected objects in accordance with the legislation of the Russian Federation on weapons. (In the wording of the Federal Law of 01.12.2007) N 318-FZ) The turnover of official firearms, live ammunition, ammunition and ammunition is carried out in accordance with the procedure established by the legislation of the Russian Federation on weapons. The Government of the Russian Federation determines the rules for the acquisition, storage, accounting, repair and destruction of special funds. The Office of the State Security is used by the Government of the Russian Federation. Article 10. Funding and logistics providing departmental security Funding and maintenance of departmental security is provided by the federal executive branch, The right to establish departmental security and (or) owners of protected objects. The employees of the departmental security are paid wages, they are provided with clothing and equipment in the order and in accordance with the standards set by eligible creation. of departmental security by federal executive bodies and organizations. (In the wording of the Federal Law 01.12.2007 N 318-FZ ) CHAPTER III RIGHTS AND RESPONSIBILITIES FOR PROCESSING { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Article 11. The rights of employees of departmental security Employees of departmental security have the right: to require employees, officials of protected objects and other citizens to observe the checkpoints and facilities; Check identity documents, as well as documents authorizing entry (exit) of persons, entry (exit) of vehicles, entry (exit), entry (exportation) of property to protected objects and protected areas facilities; to search vehicles at the entry (exit) Protected objects and protected objects; check the storage conditions of protected objects, the state of engineering equipment, and the detection of violations that create fire risks on protected objects, The security of persons, as well as the conditions conducive to the theft of property, to take measures to prevent such violations and to eliminate these conditions; Departmental security or internal affairs body or administrative offences at protected sites, as well as to carry out body searches, inspect things, confiscate things and documents that are the weapon or the immediate object of the offence. To protect the place of the incident and the preservation of these items and documents; to use physical force, special means and firearms in the cases and in the manner prescribed by this Federal Law; unhindered entering and inspecting protected sites for the prosecution of persons who have illegally entered into protected sites, as well as for the apprehension of persons suspected of having committed crimes or administrative offences; use vehicles of protected persons Prosecution of persons who have committed crimes or administrative offences in protected objects and bringing them to the internal affairs authority. Article 12. Responsibilities of departmental security officers The security officers are obliged: to protect protected objects from unlawful encroachment; carry out prevention activities bandwidth and intra-object regimes; suppress crimes and administrative offences on protected objects; search for and detain persons who have illegally entered into protected objects; in accordance with the established procedure for the control Compliance with fire protection, fire fighting, disaster, disaster, natural disasters and other emergency situations at protected sites; participate in security arrangements the preservation of information constituting a State and other secret protected by law; , within the limits of its competence, to assist the law enforcement agencies in the task entrusted to them. Chapter IV APPLICATION OF PHYSICAL FILES, SPECIAL TOLERANCE AND OGUESS WEAPONS CONDUCT OF BUSINESS Article 13. The conditions and limits of the use of physical force, special means and firearms of the security personnel of the departmental security personnel Employees of the departmental security are entitled to the use of physical force, special forces and special forces. Facilities and firearms at protected sites, as well as outside protected sites, in the prosecution of persons who have committed a crime or an administrative offence on protected sites. When the use of physical force, special means or firearms is used, employees of the departmental security are obliged: to seek, depending on the nature and the gravity of the offence, or the administrative offence, The degree of danger to the perpetrators and the forces of resistance to any harm resulting from it being minimal; to warn of the intention to apply them and, in exceptional cases, when a delay in application of physical force, special means or firearms The immediate danger to the life or health of the citizens or to the personnel of the departmental security, or may entail other serious consequences, to act without warning; to ensure that persons who have sustained injuries as a result Use of physical force, special means or firearms, first aid; (In the wording of Federal Law dated 25.11.2009. N 267-FZ) report on the reporting lines of each use of physical force, special means or firearms. Relevant officials of the departmental security authorities are obliged to notify the internal affairs and prosecutor immediately of any injury or death caused by the use of physical force, special means or of firearms. Exceeding authority in the use of physical force, special means or firearms is punishable under the law of the Russian Federation. Article 14. The use of physical force Employees of departmental protection have the right to use physical force to suppress crimes or administrative offences, detain persons who have committed them, and suppress resistance to legal action. The requirements of the employees of departmental security, unless otherwise provided for the performance of their duties. Article 15. Application of special funds Employees of departmental security have the right to use special means in cases of: 1) reflecting attack on protected objects; 2) repel attacks on employees of departmental security or persons at protected sites; (3) suppressing the resistance of the offender to departmental security officers in the performance of their duties; 4) of persons caught in the commission of a crime or administrative Offences on protected objects, if the persons concerned are trying to hide or have reasonable grounds to believe that they intend to provide armed resistance to departmental security personnel; 5) Employees of departmental security in the delivery of detained persons to the premises of departmental security or internal affairs agencies; 6) the need to stop the vehicle on the protected objects, the driver of which has not complied The requirements of the departmental security personnel. As special items, employees of departmental security may use: rubber sticks-in the cases provided for in paragraphs 1-3 of Part One of this Article; tear gas-in cases, Paragraphs 1 to 4 of the first part of this article; handcuffs, in the cases provided for in paragraphs 3 to 4 of Part One of this Article; means of forcing a halt of transport-in the cases provided for in paragraph 6 Part One of this article; Service dogs-in cases, under paragraphs 1 to 5 of part one of this article. All listed special items may also apply in the cases provided for in article 16, paragraph 1, of this Federal Act. In the state of the necessary defence or necessity, employees of departmental security may use any acceptable manual means in the absence of special means or firearms. It is prohibited to use special means for women with visible signs of pregnancy, as well as persons with visible signs of disability and minors, except in cases of armed resistance, The commission of an attack that endangers the life or health of the employees of the departmental security or the protected objects. Article 16. Use of firearms Departmental security personnel have the right to use firearms in cases of: 1) protection of protected persons from attack threatening them life or health; (2) repeals an attack on employees of departmental security threatening their lives or health, as well as suppression of attempts to possess their firearms; (3) the detention of persons caught in the protected in the commission of a serious or particularly serious offence against persons, protected objects and attempting to hide, as well as armed resistance to departmental security personnel; 4) to repeals armed or group attacks on protected objects, when other means to reflect The said attack is not possible; 5) warnings of intention to use firearms, the need to signal an alarm or call to help; 6) of the vehicle's stopping by means of damage if its driver poses a real danger to the life or health of protected workers The facilities or persons in the protected objects and under the conditions refuse to stop or attempt to enter or leave the protected objects, despite the legal requirement of the personnel of the departmental security services. It is prohibited to use firearms with a large concentration of persons, where other persons may be affected, as well as against women, persons with visible signs of disability and minors, when their age is apparent or otherwise. is known to the employees of the Department of Security, except where these persons: provide armed or group resistance to the employees of the departmental security; protected objects that threaten the life or health of employees Protection of persons in protected areas. Article 17. Guarantees of personal security of employees departmental security Employees of departmental security may cause firearms to be ready for firing if they believe that in the current situation there may be grounds for its application as provided for in article 16 of this Federal Act. Attempts by a person detained by the employees of the departmental security guards to shoot firearms closer to their departmental security personnel, reducing their distance, or touching them The right to use firearms in accordance with paragraph 2 of article 16, paragraph 2, of this Federal Act. V. GUARANTEES OF LEGAL AND SOCIAL SECURITY PROTECTION Article 18. Compulsory enforcement of legal requirements of departmental security personnel The legal requirements of employees of departmental security in the performance of their duties are binding on citizens and officials. by persons. The failure to comply with the legal requirements of the personnel of the departmental security and the acts that impede the performance of their duties shall be punishable under the law of the Russian Federation. Employees of departmental security shall not be responsible for moral, physical or material harm caused to the offender in connection with the use of physical force in the cases provided for in this Federal Act, Special means or firearms, if the limits of the necessary defence have not been exceeded and, in the circumstances of dire necessity, are not exceeded. In other cases, liability arises in accordance with the procedure established by the legislation of the Russian Federation. Article 19. Compulsory insurance of the employees of the department Protection Life and health of employees of departmental security are subject to compulsory personal insurance against the funds of the federal executive authorities entitled to The establishment of departmental security, and (or) the owners of protected objects. In the event of damage to the life or health of the employees of the departmental security, in the performance of their duties, the damage shall be compensated in the order and amount established by the legislation of the Russian Federation. Article 20. The guarantees for the legal and social protection of employees of the departmental security Employees of departmental security are subject to guarantees of legal and social protection, and they are provided with benefits in the amount and order which OF THE PRESIDENT OF THE RUSSIAN FEDERATION The federal executive authorities and organizations entitled to the establishment of departmental security may establish additional guarantees of social protection for employees of departmental security. (In the wording of the Federal Law of 01.12.2007) N 318-FZ) Article 21. The right of employees of departmental security on the association (association) Employees of the departmental security to protect their rights and legitimate interests related to the enforcement of official duties The right to join or join trade unions (associations). Chapter VI: CONTROL AND PROCUREMENT OF OVERSIGHT ACCOUNTABILITY Article 22. Supervision of departmental security: The monitoring of the activities of the departmental security is carried out by the entitled to the creation of departmental security for the federal executive branch and the organization. The internal affairs agencies are also competent in accordance with the legislation of the Russian Federation. (In the wording of the federal law dated 01.12.2007 N 318-FZ) Article 23. The Procurator's Office of the Procurator-General of the Russian Federation and the procurators appointed by him. Chapter VII. CONCLUDING PROVISIONS Article 24. Appeals against unlawful actions (omissions) of the security officers The citizen who considers that the actions (inaction) of the employees of the departmental security caused the infringement of his rights, freedoms and lawful interests, to the right Appeal against the said acts (omissions) to the higher authorities (officials) of the departmental security and (or) to the court. Article 25. The responsibility of the departmental security officers Undue actions (inaction) of the employees of the departmental security forces shall be punishable by law. The damage caused to the owner of the protected object, other natural and legal persons as a result of unlawful actions (inaction) of the employees of the departmental security is to be compensated in accordance with the procedure established by the law of the Russian Federation. THE RUSSIAN FEDERATION Article 26. Transitional provisions Before the adoption of a federal law regulating the activities of off-site security in the internal affairs agencies, the operation of this Federal Law, with the exception of articles 5, 8 and 9, shall be extended to The paramilitary and guard units of the organization attached to the Ministry of the Interior of the Russian Federation, which carry out, on a contractual basis, the protection of objects of all forms of ownership, irrespective of their department. The personnel of these units use special means and combat manual small arms, which have been adopted by the internal affairs agencies, as well as service and civilian weapons made to the State Cadastre. The Special Means, Types, Types and Models of the Firearms, Gas, ammunition and Ammunition, as well as the standards for the provision of the employees of these units, are determined by the Ministry of the Interior of the Russian Federation. Federation. (In the wording of Federal Law of 15.06.2006) N 88-FZ) Article 27. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. -Legal acts of the President of the Russian Federation, the Government of the Russian Federation, departmental regulations and normative legal acts of the State authorities of the constituent entities of the Russian Federation Local self-government is being brought into line with this Federal Act. President of the Russian Federation B. Yeltsin Moscow, Kremlin 14 April 1999 N 77-FZ