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 LAW On the introduction of the Code of Criminal Procedure Russian Federation Code , adopted by the State Duma on 22 November 2001 Approved by the Federation Council on 5 December 2001 29.05.2002. N 59-FZ; of 27.12.2002 N 181-FZ; of 27.12.2006 N 241-FZ; of 24.07.2007 N 214-FZ; dated 13.07.2015. N 266-FZ) Article 1. of the Code of Criminal Procedure of the Russian Federation The law establishes a different time frame and the procedure for implementation. Article 2. To be repealed as from 1 July 2002: 1) of the RSFSR Code of Criminal Procedure, approved by the RSFSR Act The Code of Criminal Procedure of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 592), as amended and supplemented, with the exception of provisions for which this Federal Law has established other deadlines for the recognition of their laps; (2) Decree of the Presidium of the Supreme Soviet of the RSFSR of 20 January 1961 "Procedure for the introduction of the Criminal Code and the Code of Criminal Procedure of the RSFSR" (Bulletin of the Supreme Council of the RSFSR, 1961, N 2, p. 7); 3) paragraphs 1 to 4 of the decree of the Presidium of the Supreme Soviet of the RSFSR of 20 January 1961 on the application of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 20 January 1961 on the procedure for the introduction of the Criminal Code and the Criminal Procedure Act Codes of the RSFSR "; (4) Decision of the Presidium of the Supreme Soviet of the RSFSR of 22 May 1961 on the submission of the necessary materials to military tribunals in respect of persons serving their sentences in the custody of the RSFSR " (Statements by the Supreme Soviet of the RSFSR, 1961, (289); 5) Decision of the Presidium of the Supreme Soviet of the RSFSR of 7 August 1961 on the application of article 86, paragraph 1, of the Code of Criminal Procedure of the RSFSR concerning the recognition of instruments of the crime of motor vehicles, motorcycles and other vehicles Funds belonging to persons who have committed theft using the said vehicles " (Bulletin of the Supreme Council of the RSFSR, 1961, N 31, art. 427); 6) Decree of the Presidium of the Supreme Soviet of the RSFSR of 11 March 1977 "On the procedure for applying administrative penalties to persons exempted from criminal liability under article 50-1 of the RSFSR Criminal Code" (Statements by Supreme Council of the RSFSR, 1977, N 12, sect. 256) and the RSFSR Act of 20 July 1977 approving the decrees of the Presidium of the Supreme Soviet of the RSFSR, amending and supplementing the existing legislation of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1977, N 30, sect. 725) as part of the approval of the Ordinance; in section IV of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 5 June 1987 No. 6266-XI "On introducing amendments and additions to some legislative acts of the RSFSR" (Bulletin of the Supreme Council of the RSFSR, 1987, N 24, 839); 8) Order of the Supreme Soviet of the Russian Federation of 17 January 1992 No. 2204-I " On the powers of the Prosecutor General OF THE PRESIDENT OF THE RUSSIAN FEDERATION 182); 9) (Deleted-Federal Law of 29.05.2002 N 59-FZ) Article 2-1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (158) with regard to criminal proceedings. (The article is supplemented by Federal Law of 29 May 2002. N 59-FZ) Article 3. To recognize not operating in the territory of the Russian Federation since 1 July 2002: 1) Basic criminal procedure of the Union of Soviet Socialist Republics and Union Republics, approved by the Law of the USSR of 25 December 1958 " On approval of the Criminal Code Justice of the Union of Soviet Socialist Republics " (Bulletin of the Supreme Soviet of the USSR, 1959, N 1, art. 15), with subsequent amendments and additions; 2) Decree of the Presidium of the Supreme Soviet of the USSR of 14 February 1959 " On the procedure for the enactment of the Criminal Law, the Principles of Criminal Procedure and the Law on Criminal Procedure. " (Bulletin of the Supreme Soviet of the USSR, 1959, No. 7, art. 60) in the procedure for the introduction of the Criminal Procedure Code of the USSR and the Union Republics; (3) Supreme Soviet of the USSR Supreme Soviet Decision of 11 May 1961 " On the procedure for the introduction of criminal and other criminal proceedings; Code of Criminal Procedure of the Union Republics regarding persons convicted by military tribunals " (Bulletin of the Supreme Soviet of the USSR, 1961, N 20, art. 216); (4) Decree of the Presidium of the Supreme Soviet of the Soviet Union dated April 6, 1963 No. 1237-VI "On granting the right of the production of preliminary investigation to the organs of public order protection" (Bulletin of the Supreme Soviet of the USSR, 1963, N 16, art. 181) and the Law of the USSR of 19 December 1963 No. 2001-VI "On approval of the Decree of the Presidium of the Supreme Soviet of the USSR" On granting the right of pre-trial investigation to public order bodies " (Bulletin of the Supreme Soviet of the USSR, 1963, N 52, sect. 552); 5) Resolution of the Presidium of the Supreme Soviet of the USSR of 3 September 1965 N 3895-VI "On clarification of Article 34 of the Criminal Procedure of the Union of Soviet Socialist Republics and Union Republics" (Bulletin of the Supreme Soviet of the USSR, 1965, N 37, art. 533); 6) Article 10 of the Decree of the Presidium of the Supreme Soviet of the USSR on July 26, 1966 No. 5362-VI "On increasing responsibility for hooliganism" (Bulletin of the Supreme Soviet of the USSR, 1966, N 30, st. 595; 1981, No. 23, sect. 782; 1985, N 4, sect. 56); 7) Articles 10 and 12 of the Decision of the Presidium of the Supreme Soviet of the USSR dated July 26, 1966 No. 5363-VI "On the procedure for applying the Decree of the Presidium of the Supreme Soviet of the USSR" On increasing responsibility for hooliganism " (Bulletin of the Supreme Soviet of the Soviet Union) USSR, 1966, N 30, sect. 596; 1981, N 23, sect. 783; 1985, N 4, sect. 56); 8) Decree of the Presidium of the Supreme Soviet of the USSR on 8 February 1977, No. 5200-IX " On the procedure for applying administrative penalties to persons exempted from criminal liability under article 43 of the Criminal Code Union of Soviet Socialist Republics and Union Republics " (Statements of Supreme Soviet of the USSR, 1977, N 7, Art. 117) with subsequent amendments and additions and the Law of the USSR of 17 June 1977 N 5907-IX " On approval of the decrees of the Presidium of the Supreme Soviet of the USSR, which make some changes and additions to the current legislation of the USSR " (Bulletin of the Supreme Soviet of the USSR, 1977, N 25, art. 389) in connection with the approval of the Ordinance; 9) Order of the Presidium of the Supreme Soviet of the USSR of 30 March 1989 N 10246-XI on the application of articles 14 and 15 of the Criminal Procedure of the Union of Soviet Socialist Republics and the Union Republics in the investigation and Judicial review of multiepisode criminal cases " (Bulletin of the Supreme Soviet of the USSR, 1989, N 14, art. 96); 10) Resolution of the Supreme Soviet of the USSR of June 12, 1990 N 1557-I "On instructions relating to the Law of the USSR" On amendments and additions to the Basics of Criminal Procedure of the Union of Soviet Socialist Republics and Union Republics " (Vedomedomnka) People's deputies of the USSR and the Supreme Soviet of the USSR, 1990, N 26, and 100. (496). Article 4. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Pret before bringing into conformity with the Criminal Procedure Code of the Russian Federation specified federal laws and other regulatory measures. Legal acts are applied in part not contrary to the Code of Criminal Procedure of the Russian Federation. Article 5. In the constituent entities of the Russian Federation, no posts were created at the time of the introduction of the Code of Criminal Procedure of the Russian Federation. Judges of the Russian Federation, criminal cases referred to by the Code of Criminal Procedure of the Russian Federation to the jurisdiction of justices of the peace are considered by the judges of regional courts alone in accordance with the procedure established by the 41 of the Code of Criminal Procedure of the Russian Federation. Article 6. Judges of garrison military courts consider criminal cases, which are assigned by the Code of Criminal Procedure of the Russian Federation to the jurisdiction of the world's courts. Judges, in accordance with the procedure established by chapter 41 of the Code of Criminal Procedure of the Russian Federation. Paragraph 3 of article 30, paragraph 2, of the Code of Criminal Procedure of the Russian Federation, concerning consideration by a panel of three judges The Federal Court of the General Jurisdiction of Criminal Cases on Serious and Particularly Serious Crimes shall be put into effect on 1 January 2004. Prior to 1 January 2004, criminal cases involving serious and particularly serious crimes were dealt with by a single judge of the federal court of general jurisdiction alone, and upon the application of the accused prior to appointment Judicial sitting, a board composed of a judge and two people's assessors. N 59-FZ) In the administration of justice, people's assessors enjoy all the rights of the judge established by the Code of Criminal Procedure of the Russian Federation. The people's assessor may be challenged in accordance with articles 64 and 65 of the Code of Criminal Procedure of the Russian Federation. (Part added is the Federal Law of 29.05.2002). N 59-FZ) Article 8. Paragraph 2 of part two of article 30 of the Code of Criminal Procedure of the Russian Federation shall be introduced: 1) since 1 July 2002-in Altai, Krasnodar and Stavropol Krai, in Ivanovo, Moscow, Rostov, Ryazan, Saratov and Ulyanovsk regions; (2) as from 1 January 2003 in the Republic of Adygea, Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia, Kabardino-Balkar Republic of Kalmykia, Republic of Komi, Republic of Mari El, Republic of Mordovia, Republic of North Ossetia-Alania, Republic of Tatarstan, Udmurt Republic, Republic of Khakassia, Chuvash Republic, Chuvashia Republic, Krasnoyarsk and Primorsky Krai, in Amur, Arkhangelsk, Astrakhan, Belgorod, Bryansk, Vladimir Vladimirovich, Volgograd, Voronezh, Irkutsk, Kaliningrad, Kaluga, Kamchatka, Kemerovo, Kirov, Kursk, Kursk, Leningrad, Lipetsk, Magadan, Murmansk, Nizhny Novgorod, Novosibirsk, Novosibirsk, Omsk, Orenburg, Orel, Penza, Pskov, Samara, Sverdlovsk, of the Republic of Smolenskaya, Tver, Tula, Tyumen, Tyumen, Chelyabinsk, Chitynsk and Yaroslavl oblivion, in the Jewish Autonomous Oblast, in the Aginsk Buryatsky, Komi-Permyak and Koryak Autonomous Districts; Karelia, Republic of Sakha (Yakutia), Republic of Tyva, in Khabarovsk Krai, Kostroma, Novgorod, Perm, Sakhalin and Tomsk oblasts, in the city of federal importance Moscow, Ust-Ordyn Buryatsky, Khanty-Mansiysk, Chukotsky and Yamal-Nenets districts; 4) as of 1 January 2004 Karachaevo-Cherkess Republic, in the city of federal importance St. Petersburg, in Nenets, Taimyr (Dolgan-Nenets) and in the Anencii Autonomous Districts; 5) as of 1 January 2010 in the Chechen Republic. (...) (...) N 241-FZ) The lists of jurors before the adoption of the federal law on the order of their formation shall be drawn up in accordance with the Law of the RSFSR of 8 July 1981 "On the judicial system of the RSFSR". (Article in the wording of Federal Law of 27.12.2002) N 181-FZ) Article 9. (Deleted-Federal Act of 29.05.2002 2002) N 59-FZ) Article 10. Part Two of article 29 of the Code of Criminal Procedure of the Russian Federation and other related criminal procedural rules relating to the transfer of Courts in pre-trial proceedings in criminal case: (Excluded-Federal law of 29.05.2002) N 59-FZ) (Deleted-Federal Law of 29.05.2002 N 59-FZ) (Deleted-Federal Law of 29.05.2002 N 59-FZ ) 1) examination of a dwelling in the absence of consent of the persons living there; 2) search and (or) seizure of housing; 3) to produce items and documents that contain information about deposits and accounts in banks and other credit organizations; (Excluded-Federal Law dated 29.05.2002 N 59-FZ) (Paragraphs 4 to 6 are considered to be paragraphs 1 to 3, respectively, of the Federal Law of 29.05.2002). N 59-FZ) The prosecutor receives decisions on these matters before 1 January 2004. Decision on the election of a preventive measure in the form of detention, extending the period of detention, placing a suspect, an accused person not in custody, in a medical or psychiatric hospital The proceedings, respectively, of a forensic or forensic psychiatric examination, which took place before 1 July 2002, operate within the procedural time period for which the said measures of due process were chosen. (In the wording of Federal Law No. N 59-FZ) Article 11. Chapter 48, "Control proceedings", of the Code of Criminal Procedure of the Russian Federation, has entered into force on 1 January 2003. The deletion of article 405, which has been introduced since the introduction of the Code of Criminal Procedure of the Russian Federation. Chapter 30, "Proceedings at the supervisory authority" of the Code of Criminal Procedure of the RSFSR, is valid until 1 January 2003, with the exception of article 373, which cease to have effect from the date of enactment of the Code of Criminal Procedure of the Russian Federation. Article 12. Chapter 52 "Specific features of criminal proceedings in respect of certain categories of persons" of the Code of Criminal Procedure of the Russian Federation since 1 July 2002. Article 12-1. The amendments to the Code of Criminal Procedure of the Russian Federation, which have repealed the provisions of the Code of Criminal Procedure of the Russian Federation, are implemented by separate federal laws and cannot be included in the texts of federal laws modifying (suspending, revokting, qualifying for invalid) other legislative acts of the Russian Federation or containing independent legal regulation, with the exception of the texts of federal laws; OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Article is supplemented by the Federal Law of 13 July 2015. N 266-FZ) Article 13.(Spconsumed by Federal Law of 24.07.2007) N 214-FZ) Article 14. To instruct the Government of the Russian Federation: 1) within three months from the date of the entry into force of this Federal Law to prepare and approve the article 82 Criminal Procedure Code of the Russian Federation provision on how to store and implement objects that are material evidence that are stored before Criminal case or criminal case is difficult; 2) within six months from the date The entry into force of this Federal Act to ensure the review and repeal by the ministries and other federal executive bodies of legal acts contrary to Russian Criminal Procedure Code; 3) submit a draft to the State Duma of the Federal Assembly of the Russian Federation Federal Act on Amendments and Additions to the Federal Act on the Federal Budget for 2002 of the Code of Criminal Procedure of the Russian Federation, which provides for the introduction of paragraphs 1 to 3 of article 29 of the Code of Criminal Procedure of the Russian Federation from 1 July 2002; (New paragraph 3 is supplemented by the Federal Law dated 29.05.2002 N 59-FZ) 4), when drafting the federal budget for 2003, make provision for the introduction of the second part of article 29, paragraphs 4 to 7 Code of Criminal Procedure of the Russian Federation; (In the wording of Federal Law dated 29.05.2002 N 59-FZ 5) until 31 December 2002 to submit to the State Duma of the Federal Assembly of the Russian Federation a draft federal law providing for the establishment of a list of jurors (...) (...) N 181-FZ) 6) to ensure that, effective 1 January 2003, justice will be administered by justices of the peace throughout the Russian Federation in terms of financing their activities. (Items 3-5 are considered to be respectively points 4-6-Federal Law of 29.05.2002). N 59-FZ) Article 15. This law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 18 December 2001 N 177-FZ