On The Entry Into Force Of The Code Of Criminal Procedure Of The Russian Federation

Original Language Title: О введении в действие Уголовно-процессуального кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL ACT on the entry into force of the code of criminal procedure of the Russian Federation adopted by the State Duma on November 22, 2001 year approved by the Federation Council of the year December 5, 2001 (as amended by the federal laws on 5/29/2002 N 59-FZ;
from 27.12.2002 N 181-FZ; from 27.12.2006 N 241-FZ;
from 24.07.2007 N 214-FZ; from 13.07.2015 N 266-FZ), Article 1. Enter in the code of criminal procedure of the Russian Federation from July 1, 2002 onwards, except for provisions for which this federal law establishes the terms and the procedure of implementation.
Article 2. Void with July 1, 2002 year: 1) of the code of criminal procedure of the RSFSR, approved by Act of the RSFSR from October 27, 1960 year "on approval of the code of criminal procedure of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592), as amended and supplemented, except for provisions for which this federal law establishes the timing of recognition of them as null and void;
2) Decree of the Presidium of the Supreme Soviet of the RSFSR from January 20, 1961 year "on the procedure for enacting the Penal Code and code of criminal procedure of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1961, N 2, art. 7);
3) paragraphs 1-4 Decree of the Presidium of the Supreme Soviet of the RSFSR from January 20, 1961 year "on the application of the Decree of the Presidium of the Supreme Soviet of the RSFSR from January 20, 1961 year" on the order of introduction into the criminal code and the code of criminal procedure of the RSFSR;
4) Decree of the Presidium of the Supreme Soviet of the RSFSR of May 22, 1961 year "for submission of required materials to military tribunals in respect of persons serving sentences in places of deprivation of liberty of the RSFSR on convictions of military tribunals" (Gazette of the Supreme Soviet of the RSFSR, 1961, no. 20, p. 289);
5) Decree of the Presidium of the Supreme Soviet of the RSFSR from August 7, 1961 year "on the application of paragraph 1 of article 86 of the code of criminal procedure of the RSFSR in part recognition instruments of crime vehicles, motorcycles and other vehicles belonging to persons who committed the theft with the use of the above-mentioned vehicles" (Gazette of the Supreme Soviet of the RSFSR, 1961, no. 31, p. 427);
6) Decree of the Presidium of the Supreme Soviet of the RSFSR of March 11, 1977 "on the order of applying measures of administrative penalty to persons released from criminal liability in accordance with article 50-1 of the Criminal Code of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1977, N 12, art. 256) and the law of the RSFSR from July 20, 1977 year approving the Decrees of Presidium of the Supreme Soviet of the RSFSR, making some changes and additions to the legislation in the RSFSR (Gazette of the Supreme Soviet of the RSFSR , 1977, no. 30, art. 725) approval of the aforementioned Decree;
7) section IV of the Decree of the Presidium of the Supreme Soviet of the RSFSR of June 5, 1987 N 6266-XI "on amendments and additions to some legislative acts of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1987, no. 24, p. 839);
8) the Decree of the Supreme Council of the Russian Federation from January 17, 1992 N 2204-I "on the powers of the Prosecutor General of the Russian Federation and his deputies to prolong the detention of the accused" (records of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1992, N 5, art. 182);
9) (deleted-the Federal law dated 5/29/2002 N 59-FZ), Article 2-1. Shall be invalidated since January 1, 2004 year federal law dated January 2, 2000 N 37-ФЗ "about people's zasedateljah the federal courts of general jurisdiction in the Russian Federation" (collection of laws of the Russian Federation, 2000, N 2, p. 158) in relation to criminal proceedings. (Article supplemented by federal law from 5/29/2002 N 59-FZ), Article 3. Recognize not operating on the territory of the Russian Federation from July 1, 2002 year: 1) fundamentals of criminal proceedings of the Union of SSR and the Union republics of the USSR Act approved December 25, 1958 year approving the foundations of criminal proceedings of the Union of SSR and the Union republics "(Gazette of the Supreme Soviet of the USSR, 1959, N 1, p. 15), as amended;
2) Decree of the Presidium of the Supreme Soviet of the USSR from February 14, 1959 year "on the procedure for the introduction of the basic criminal law, criminal procedure and Laws on criminal liability for public and for military offences" (Gazette of the Supreme Soviet of the USSR, 1959, N 7, art. 60) part of the enactment of the basic criminal proceedings of the Union of SSR and the Union Republics;
3) Decree of the Presidium of the Supreme Soviet of the USSR from May 11, 1961 year "on the procedure for the introduction of criminal and criminal procedure codes of the member republics to persons convicted by military tribunals" (Gazette of the Supreme Soviet of the USSR, 1961, N 20, art. 216);
4) Decree of the Presidium of the Supreme Soviet of the USSR of April 6, 1963 1237 N-VI "on granting the right of preliminary investigation bodies protecting public order" (Gazette of the Supreme Soviet of the USSR, 1963, no. 16, p. 181), and law of the USSR from December 19, 1963 year N 2001-VI "on approval of the Decree of the Presidium of the Supreme Soviet of the USSR" about granting the right to pre-trial investigation authorities of protecting public order "(Gazette of the Supreme Soviet of the USSR , 1963, no. 52, art. 552);

5) Decree of the Presidium of the Supreme Soviet of the USSR of September 3, 1965 3895, N-VI "for clarification of article 34 of the basic criminal proceedings of the Union of SSR and the Union republics" (Gazette of the Supreme Soviet of the USSR, 1965, no. 37, p. 533);
6) article 10 of the Decree of the Presidium of the Supreme Soviet of the USSR of July 26, 1966 year N 5362-VI "on strengthening the responsibility for disorderly conduct" (Gazette of the Supreme Soviet of the USSR, 1966, no. 30, art. 595; 1981, no. 23, p. 782; 1985, N 4, art. 56);
7) articles 10 and 12 of the Ordinance of the Presidium of the Supreme Soviet of the USSR of July 26, 1966 5363 year N-VI "on the procedure for the application of the Decree of the Presidium of the Supreme Soviet of the USSR" on strengthening the responsibility for disorderly conduct "(Gazette of the Supreme Soviet of the USSR, 1966, N 30, art. 596; 1981, no. 23, art. 783; 1985, no. 4, art. 56);
8) Decree of the Presidium of the Supreme Soviet of the USSR from February 8, 1977 5200 N-IX "on the procedure for the application of measures of administrative penalty to persons released from criminal liability in accordance with article 43 of the basic criminal legislation of the Union of SSR and the Union republics" (Gazette of the Supreme Soviet of the USSR, 1977, N 7, art. 117) as amended and the law of the USSR from June 17, 1977 5907 N-IX "on approval of the Decrees of Presidium of the Supreme Soviet of the USSR, making some changes and additions to the legislation of the USSR" (Gazette of the Supreme Soviet of the USSR, 1977, no. 25, p. 389) with the approval of the aforementioned Decree;
9) Decree of the Presidium of the Supreme Soviet of the USSR of March 30, 1989 year N 10246-XI "on the application of articles 14 and 15 of the basic criminal proceedings of the Union of SSR and the Union republics in investigating and adjudicating criminal cases mnogojepizodnyh" (Gazette of the Supreme Soviet of the USSR, 1989, no. 14, art. 96);
10) the Decree of the Supreme Soviet of the USSR from June 12, 1990 N 1557-I "on orders of the USSR law" on introducing amendments and additions to the Framework of criminal proceedings of the Union of SSR and the Union republics "(Congress of the USSR people's deputies and the Supreme Soviet of the USSR, 1990, no. 26, art. 496). Article 4. Operating in the territory of the Russian Federation, federal laws and other regulatory legal acts related to the code of criminal procedure of the Russian Federation, subject to adjustment in accordance with the code of criminal procedure of the Russian Federation.
Continue to bring it into line with the code of criminal procedure of the Russian Federation referred to federal laws and other regulatory legal acts are applied if they do not contradict the code of criminal procedure of the Russian Federation.
Article 5. In the constituent entities of the Russian Federation, which at the time of the enactment of the code of criminal procedure of the Russian Federation was not created by Justices of the peace, criminal cases assigned by the criminal procedure code of the Russian Federation to the jurisdiction of justices of the peace, judges of the district courts are discussed individually in the manner prescribed by chapter 41 of the code of criminal procedure of the Russian Federation. In these cases, the verdict and the ruling can be appealed in cassation proceedings.
Article 6. Judge garrison military courts criminal cases assigned by the criminal procedure code of the Russian Federation to the jurisdiction of justices of the peace, in the manner prescribed by chapter 41 of the code of criminal procedure of the Russian Federation.
Article 7. Item 3 of part 2 of article 30 of the code of criminal procedure of the Russian Federation in relation to consideration by a panel of three judges of the Federal Court of general jurisdiction of criminal cases relating to serious and particularly serious crimes will enter into force on January 1, 2004 year. Until January 1, 2004 year criminal cases of serious or particularly serious crimes are tried by a judge of the Federal Court of general jurisdiction sitting alone and in the presence of motions by the accused declared pending the appointment of a court-College consisting of a judge and two people's assessors. (As amended by the Federal law dated 5/29/2002 N 59-FZ) when administering justice, people's assessors shall enjoy all the rights of judges established by the code of criminal procedure of the Russian Federation. The people's assessors may be challenged in the manner prescribed by articles 64 and 65 of the code of criminal procedure of the Russian Federation. (Part is supplemented by federal law from 5/29/2002 N 59-FZ) Article 8. Paragraph 2 the second part of article 30 of the code of criminal procedure of the Russian Federation shall be put into effect: 1) with year-July 1, 2002 in Altai, Krasnodar and Stavropol krais in the Ivanovo, Moscow, Rostov, Ryazan, Saratov and Ulianovsk areas;

2) with a year-January 1, 2003 in the Republic of Adygea, Altai Republic, Republic of Bashkortostan, the Republic of Buryatia, Republic of Dagestan, Ingushetia, Kabardino-Balkaria Republic, Kalmykia Republic, Komi Republic, Republic Mariy El, Republic Mordovia, Republic of North Ossetia-Alaniya, Tatarstan, Udmurtia, Republic of Khakassia, the Chuvash Republic — Chuvashia, in Krasnoyarsk and Seaside edges, in the Amur, Arkhangelsk, Astrakhan, Belgorod, Bryansk, Vladimir, Volgograd, Vologda, Voronezh, Irkutsk, Kaliningrad, Kaluga , Kamchatka, Kemerovo, Kirov, Kurgan, Kursk, Leningrad, Lipetsk, Magadan, Murmansk, Nizhniy Novgorod, Novosibirsk, Omsk, Orenburg, Orel, Penza, Pskov, Samara, Sverdlovsk, Smolensk, Tambov, Tver, Tula, Tyumen, Chelyabinsk, Chita and Yaroslavl oblasts, in the Jewish autonomous region, Aginskoye Buryat and Komi-Perm and Koryak autonomous districts;
3) with year-July 1, 2003 in the Republic of Karelia, Republic of Sakha (Yakutia) Republic of Tyva, in Khabarovsk Krai, in the Kostroma, Novgorod, Perm, Sakhalin and Tomsk oblasts, the city of federal importance Moscow, Ust-Ordynsky Buryat, Chukchi, Khanty-Mansiysk and Yamalo-Nenets autonomous areas;
4) with January 1, 2004 year in karachayevo-Cherkessia, in the city of Federal significance St. Petersburg, Nenets, Taimyr (Dolgano-Nenets) and Evenki Autonomous districts;
5) with year-January 1, 2010 in the Republic of Chechnya. (As amended by the Federal Act dated 27.12.2006 N 241-FZ) Lists of candidates for jurors before the adoption of the Federal law on the procedure for their formation shall be drawn up in accordance with the law of RSFSR from July 8, 1981 years "on the judicial system of the RSFSR".
(Article in the Editorial Office of the Federal law from 27.12.2002 N 181-FZ) Article 9. (Deleted-the Federal law dated 5/29/2002 N 59-FZ), Article 10. The second part of article 29 of the code of criminal procedure of the Russian Federation and other related rules of criminal procedure, relating to the transfer of ships in pre-trial criminal proceedings authority to: (Removed-the Federal law dated 5/29/2002 N 59-FZ) (deleted-the Federal law dated 5/29/2002 N 59-FZ) (deleted-the Federal law dated 5/29/2002 N 59-FZ) 1) manufacturing inspection of dwelling in the absence of the consent of the persons living in it;
2) producing a search and/or seizure in housing;
3) production of seizure of objects and documents containing information about deposits and balances of banks and other credit organizations; (Deleted-the Federal law dated 5/29/2002 N 59-FZ) (Paras. 4-6 are considered paragraphs 1-3, respectively-the Federal law dated 5/29/2002 N 59-FZ) To January 1, 2004 year decisions on these matters takes the Prosecutor.
Decision on the election of a preventive measure in the form of detention, to extend the period of detention of a suspect, accused person, premises are not in custody, medical or psychiatric facility for the production of forensic, respectively, or forensic psychiatric examination July 1, 2002 year taken to operate within that procedure the period for which they were elected compulsion. (As amended by the Federal law dated 5/29/2002 N 59-FZ), Article 11. Chapter 48 "production in supervisory instance" of the code of criminal procedure of the Russian Federation entered into force from January 1, 2003 onwards, with the exception of article 405, which takes effect from the day of promulgation of the code of criminal procedure of the Russian Federation. Chapter 30 "production in supervisory instance" of the RSFSR Code of criminal procedure is valid until January 1, 2003 onwards, with the exception of article 373, which shall cease to have effect from the date of the enactment of the code of criminal procedure of the Russian Federation.
Article 12. Chapter 52 "features of criminal proceedings in respect of certain categories of code of criminal procedure of the Russian Federation entered into force on July 1, 2002 year. Article 12-1. Amendment of the code of criminal procedure of the Russian Federation, the recognition of the invalid provisions of the code of criminal procedure of the Russian Federation carried out separate federal laws and may not be included in the text of federal laws, alter (withhold cancelling recognizing unenforceable), other legislative acts of the Russian Federation or containing an independent subject of legal regulation, with the exception of texts of federal laws amending the Penal Code of the Russian Federation. (Article supplemented by federal law from 13.07.2015 N 266-FZ) Article 13. (Repealed-the Federal law from 24.07.2007 N 214-FZ) Article 14. To entrust the Government of the Russian Federation: 1) within three months from the date of entry into force of this federal law to prepare and approve under article 82 of the code of criminal procedure of the Russian Federation the regulations on the procedure for the storage and use of items are material evidence, which until the end of the criminal case or when a criminal case is difficult;

2) within six months from the date of entry into force of this federal law shall ensure the analysis and abrogation by the ministries and other federal executive authorities of normative legal acts that are contrary to the code of criminal procedure of the Russian Federation;
3) make to the State Duma of the Federal Assembly of the Russian Federation, a draft federal law on amendments and additions to the Federal law on the federal budget for the year 2002 ", provides an introduction to paragraphs 1-3 of part 2 of article 29 of the code of criminal procedure of the Russian Federation from July 1, 2002 year; (new paragraph 3 has been supplemented by federal law from 5/29/2002 N 59-FZ) 4), in developing the draft federal budget for the year 2003 to earmark funds providing the introduction paragraphs 4-7 the second part of article 29 of the code of criminal procedure of the Russian Federation; (As amended by the Federal law dated 5/29/2002 N 59-FZ) 5) to December 31, 2002 year, make to the State Duma of the Federal Assembly of the Russian Federation draft federal law providing for the formation of lists of candidates for jurors; (As amended by federal law from 27.12.2002 N 181-FZ) 6) to January 1, 2003 year Justice justices of the peace throughout the territory of the Russian Federation with regard to the financing of their activities. (Paragraphs 3-5 are considered 4-6 points respectively-the Federal law dated 5/29/2002 N 59-FZ) Article 15. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin in Moscow, the Kremlin December 18, 2001 N 177-FZ