Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About State Forensic Activity
in the Russian Federation
Adopted by the State Duma style="mso-spacerun:yes"> April 5, 2001
Approved by the Federation Council style="mso-spacerun:yes"> May 16 May 2001
(in the [ [ Federal Law]] of the [ [ Federal Law]]) 30 December 2001 N 196-FZ-
Russian Law Assembly, 2002, N 1, st. 2;
Federal Act of 5 February 2007 N 10-FZ - Meeting
legislation Russian Federation, 2007, N 7, st. 831;
Federal Law of 24 July 2007 N 214-FZ - Meeting
legislation Russian Federation, 2007, N 31, st. 4011;
Federal Law of 28 June N 124-FZ - Meeting
legislation Russian The Federation, 2009, N 26, st. 3122;
Federal Act of 6 December 2011 N 409-FZ
legislation Russian The Federation, 2011, N 50, st. 7351;
Federal Law of 2 July 2013 N 185-FZ - Meeting
legislation Russian The Federation, 2013, N 27, st. 3477;
Federal Act of 25 November g. N 317-FZ
legislation Russian The Federation, 2013, N 48, st. 6165;
Federal Law style="mso-spacerun:yes"> March 2015 N 23-FZ To Collection
Russian legislation, 2015, N 10, article 1393)
This Federal Law defines the legal legal basis,
principles of the and public
in Russian Federation (hereinafter-
State forensic in civil,
Administrative and criminal procedure
Trial with considerations
individual types of Adjust the procedure to
Russian procedural legislation
CHAPTER I. GENERAL
Article 1: State judicial and expert activities
Public forensic activities in progress
in litigation process style="mso-spacerun:yes"> public forensic
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expert) is in the organization and production of forensics.
Article 2: The Challenge of the State Judicial-Expert
activities
Task of State activities
is to assist in the courts, judges, an inquiry,
faces producing an inquiry, to the investigators in the
circumstances, to be proof of on the case,
by resolving questions, requiring special in
science, techniques, art, or crafts. Federal
law of July 24, 2007 N 214-FZ - Legislation Collection
Russian Federation, 2007, N 31, st. 4011)
Article 3: Legal basis of the state
forensics
Legal basis public forensic
activities are Constitution of the Russian Federation, real
Federal Law, Civilian procedural
Federation, Codex judicial administration of the Russian
Federation, Arbitration Code of the Russian Federation Federation, Criminal procedure code Russian Federation Code Russian Federation style="mso-spacerun:yes"> offences,
Russian legislation on customs affairs, Tax
Code of the Russian Federation, legislation guard
health, other federal laws, and regulatory legal
Acts of the federal organs style="mso-spacerun:yes"> Authorities
organization and production of forensic expertise (ed.) Federal
Act of 30 December 2001 N 196-FZ Assembly legislation
Russian Federation, 2002, N 1, st. 2; Federal Act of 5
February 2007 N 10-FZ - Assembly Russian
Federation, 2007, N 7, st. 831; Federal Act of 6 December
2011. N 409-FZ- Russian National Assembly (Russian Federation)
2011, N 50, st. 7351; Federal Act of November 25, 2013. N
317-FZ-Legislative Assembly of the Russian Federation Federation, 2013, N
48, , st. 6165; Federal Act of March 8, 2015. N 23-FZ
Russian Federation Law Assembly, 2015, N st.
1393).
Article 4: Principles of State Judicial and Experexpert
activities
Public forensic activity is based
of the rule of law, and
citizen, rights of legal person, and expert independence,
objectivity, comprehensiveness and comprehensiveness of research c
using modern science and technology.
Article 5: Rule of law in the implementation of the
public forensic activities
Public forensic activities are carried out
under of the exact condition style="mso-spacerun:yes">
Federation and other regulatory legal acts, components legal
base for this activity.
Violation of Law at forensics
activity is not valid and is responsible,
Russian Federation Law.
Article 6: Respect for human and civil rights and freedoms,
legal entity rights on implementation
public forensic activities
Public forensic activities in progress
under Steady compliance with citizens ' equality,
rights to liberty and security of person, persona,
privacy, private and family secret, security
honour and good name, and Other and
according to universally recognized principles
international law and matches with The Russian Constitution
Federation.
Forensic studies (further - )
requiring temporary or of his person
immunity, is held only on the basis and [ [
which are set by federal law.
A person who believes, , that the actions (Idle) State
Forensic of the or expert has resulted in constraint
and of the and legitimate rights style="mso-spacerun:yes">
legal person, to the right style="mso-spacerun:yes"> appeal actions
(inactivity) in the order established by Russian legislation
Federation.
Article 7. Expert Independence
The expert is independent in the production of forensic examination style="mso-spacerun:yes"> it is not
may be in any The dependency of or of the person
Trial expertise, parties and others
interested in style="mso-spacerun:yes"> The expert gives
based on the results of research in matches
with its expertise.
Not allowed exposure style="mso-spacerun:yes"> expert for ships
judges, inquest bodies, investigators, investigators and
prosecutors, and also style="mso-spacerun:yes"> public authorities, organizations,
joins and individuals to get an opinion in the benefits
someone from the process or for the benefit of others.
Inculcations of effects at expert, to
responsibilities in conformance with with Russian
Federation.
Article 8: Objectivity, comprehensiveness and completeness
Research
The expert does research objectively, on science and
practical base, in matching specialization limits,
fully and fully.
The expert's opinion should be based on provisions,
ability to test reasonableness and
conclusions based on generally accepted scientific and practical data. Article 9: Key Concepts Used in this Federal Law For the of this
Key Concepts:
medical organization, that provides medical in
stationary, -medical public organization
health or structural subdivision medical
or different organizations style="mso-spacerun:yes"> public health
medical help in conditions for
around-the-clock medical surveillance (ed.] of the Federal
of 25 November style="mso-spacerun:yes"> 2013 N 317-FZ - Collection legislation
Russian Federation, 2013, N 48, st. 6165);
Mental health care provider style="mso-spacerun:yes"> in
static conditions,- medical public organization
health systems or organizational unit medical
or another of public of the public health system
psychiatric help in conditions for
around-the-clock medical surveillance (ed.] of the Federal
of 25 November style="mso-spacerun:yes"> 2013 N 317-FZ - Collection legislation
Russian Federation, 2013, N 48, st. 6165);
Forensic Psychiatric medical organization-
medical organization, psychiatric in
stationary and specially designed for production
Justice and Psychiatric Expertise (ed.) of the Federal Act style="mso-spacerun:yes"> from
25 November 2013 N 317-FZ- Legislative Assembly of the Russian Federation
Federation, 2013, N 48, st. 6165);
Director of Public Institutions
(hereafter referred to as the manager) is the director or (Head)
State of the forensic institution, or equated
specialization organizational units, that implements
organization's manuals style="mso-spacerun:yes">
appropriate agency or organizational unit;
procedure- regulated
Russian legislation for the court or the court Judges
in Trial administrative and
criminal cases, style="mso-spacerun:yes"> activity inquiry,
producing inquiry, of the investigator or of the prosecutor at the institution
criminal case, inquiry and pretrial investigation;
forensics forensics - procedural action, composed
studies and conclusions expert style="mso-spacerun:yes"> questions,
permission requires in the knowledge of in the sciences,
techniques, arts or crafts, and which are delivered to the expert
court, judge, style="mso-spacerun:yes"> inquiry, by the person making the initial inquiry,
investigator, for style="mso-spacerun:yes"> to the
proof of in a particular case ( Federal Act of 24
July 2007 N 214- - The collection of
Federation, 2007, N 31, article 4011);
expert advice is a written document,
research results by an expert;
samples for a comparison of - objects,
display properties or specifics of human, animal, corpse,
subject, or substances, Other samples
required expert for research and advice;
damage to
status of the object as a result of physical, chemical,
biological methods in research.
Article 10: Research objects
The research objects are physical evidence,
documents, objects, animals, corpses and parts, samples for
comparative study, and case materials,
forensics is produced.
Studies are also conducted in alive relations (hereinafter
also person).
When you perform evidence
with permissions style="mso-spacerun:yes"> or of the court
expertise, may be damaged or used by only
measure, in which is required for research and change
conclusions. The specified permission must be contained in the resolution
or definition of style="mso-spacerun:yes"> or
corresponding letter.
Real and proofs
produced with authority or of person, judges
expertise, does not entail style="mso-spacerun:yes"> indemnating their owner
State judicial/expert institution or expert.
In the case, if in
State forensic institution not possible, body or
person, assigning judicial expertise, provide to the expert
unhindered access to the object and the ability to explore it.
Article 11. Public forensic institutions
Public forensic The institutions are
specialized of the Federal
authorities, organs The executive of Russian Federation, created of the enforcement of the powers of the courts,
Judges, bodies of inquiry, conducting initial inquiries, investigators
through organization and production of forensic expertise (in ed. Federal Law of 24 July 2007 N 214-FZ - Meeting
Laws of the Russian Federation, 2007, N 31, article 4011)
Organization and The judicial production can
be implemented also expert divisions, created
federal by
Russian Federation'sexecutive power .
if Trial expertise is assigned specified
expert units, they style="mso-spacerun:yes"> perform functions, executed
responsibilities, have and are responsible for
State forensic institutions.
Public forensic The institutions are created and
are liquidated in order, determined by law Russian
Federation.
Activities of public forensic institutions style="mso-spacerun:yes"> by
and productions style="mso-spacerun:yes"> forensics
true Federal by law, procedural
Russian Federation and implemented according to regulations
legal acts of the respective federal executive bodies
authorities.
Organization and Production of forensic examinations
organizations or style="mso-spacerun:yes"> units,
Federal of the executive branch Health,
executed by on style="mso-spacerun:yes"> legal acts
corresponding federal
with federal executive authority in
healthcare. In specified organizations and units not
can organize and forensic psychiatric
expertise (in style="mso-spacerun:yes"> Federal Law , 25 November 2013
317-FZ-Legislative Assembly of the Russian Federation Federation, 2013, N
48, article 6165).
Public forensic institutions of the same at the
profiles run by organization and production
Judicial of expertise on the basis of a single scientific-methodical of
to expert practice, training, and specializations
experts.
Public forensic the institutions produce
forensics according to profile defined for them
relevant federal executive authorities.
Public forensic agencies are required
order produces judicial expertiza for an inquiry,
organs from the and courts,
territory that is defined by by the federal
Theexecutive authorities. In case of production impossibility
Judicial expertise in the public forensic
agency, serving given territory, in
absence of expert in the specific specialization, required
material-technical of the or special conditions for
studies forensics for organs style="mso-spacerun:yes"> inquiries,
preliminary of the investigation and vessels can be produced
state court-expert institutions, services
other Territories.
Activities of public forensic institutions style="mso-spacerun:yes"> by
and productions style="mso-spacerun:yes"> others
states is implemented by in the with international
Treaties of the Russian Federation.
Article 12: The State Judicial Expert
Public Judicial expert
employee of the state The Forensic Services of the Institution,
producing court expertise in
job responsibilities.
Article 13: Professional and qualification requirements,
for the expert
The expert position in the public forensics
can be occupied by a citizen of the Russian Federation, with
higher education and More professional
on a specific expert in order,
installed standard legal acts of
Federal of of the executive Expert position in
expert units of the federal executive body
in internal affairs can also be a citizen Russian
Federation, with secondary vocational education in the
forensics (ed.) Federal Act of 2 July 2013 N
185-FZ-Legislative Assembly of the Russian Federation Federation, 2013, N
27, Text 3477).
Determination of the qualifications of experts and certification of the
right to own judicial expertise
expert-qualified commissions style="mso-spacerun:yes"> in order,
installed standard legal acts of
federal organs of the executive Authorities. Qualification level
experts to be reviewed by these commissions every five years
(ed. of the Federal Act of July 2, 2013) style="mso-spacerun:yes"> n 185-FZ-Collection
Russian legislation, 2013, N 27, sect. 3477).
CHAPTER II. MANUITY AND RIGHTS OF THE GUIDELINES
THE PUBLIC EXPERT AGENCIES
Article 14. Duties of the Head of State
forensic institution
Manager is required
upon receipt Assignment or Assignment Orders
forensic expertise to charge her with a specific expert
or commission experts style="mso-spacerun:yes"> institutions that have
special knowledge in
questions raised;
explain to an expert or commission of experts style="mso-spacerun:yes"> and
right;
on behalf of the body or persons who have appointed expertise,
warn expert of criminal liability for perforation
false conclusion, take a
direct together style="mso-spacerun:yes"> an expert in
who have ordered forensics;
control for production times
judicial expertise with dates in
forensics, fullness of and quality
studies, not breaking the the expert's independence principle (in
Federal Law of 28 June N 124-FZ - Meeting
Laws of the Russian Federation, 2009, N 26, article 3122);
at the end of expert conclusion
and objects style="mso-spacerun:yes"> case files
ordered forensics;
provide conditions, required for to save
research confidentiality and results
do not divula information, which have become known by
organization and production forensics, in number
information that can restrict citizens ' constitutional rights, and
also information that is public, commercial, or other
Secrecy secret.
Manager is required to provide conditions, required
research:
hardware availability, , and
information;
compliance with the technique style="mso-spacerun:yes"> production
;
integrity of represented mining objects and material
case.
Manager cannot:
claimed without order of or on assignment
judicial expertise and cases
prerequisites for forensics;
alone without the negotiation with or by the person
who have been subject to forensic examination, to involve individuals,
not working in this institution
give the expert guidance, precritical content of findings
specific forensics.
Article 15. Rights of the Head of State
forensic institution
Manager to the right:
return without style="mso-spacerun:yes">
forensics, represented for it Production
case studies and case materials, if this institution does not
specific expert specialization, required
material-technical of the or special conditions for
research, By specifying the reasons for which
return;
apply to the body or person who has nominated Judicial
expertise, on enabling members individuals
working in style="mso-spacerun:yes"> institutions, if their special knowledge
required to give opinion;
organize production Forensic with participation
other agencies listed in ruling or
forensics;
transfer some of the responsibilities and rights associated with organization
and forensics, to your deputy, and
of the structural of the organization unit it
heads;
require the body or the person who has appointed the court expertise,
recoveryrelated costs:
1) compensation for style="mso-spacerun:yes"> transport organization
on Judicial examination of objects
exception fines for untimely data
;
2) transport objects after for
exclusion of postage;
3) Storage of objects style="mso-spacerun:yes"> public
post-trial forensic institution
expertise in excess of timeline, legal legal
acts of the respective federal executive authorities;
4) liquidation Other and Other
extreme situations, resulting from data
institution of elevated hazards, if or
court
well-known special handling rules with the specified objects
or they were not boxed.
Article 16. Duties of the expert
An expert is required:
accept production style="mso-spacerun:yes"> by
corresponding public Institutions
forensics;
perform a full objects
case materials, to provide reasonable and objective opinion
questions before it;
compose a reasoned written message about the
give conclusion and send the message to a body or person
who have assigned forensic expertise, if questions
exits for the limit of the expert expert knowledge, objects
studies and materials style="mso-spacerun:yes"> or is not sufficient for
of research and advice and expert is denied
add-on, modern
answer questions raised;
not share information that became known for
forensics, including information that
can limit constitutional rights of citizens, and also style="mso-spacerun:yes"> information
parts of state, commercial or other protected
privacy;
preserve submitted research objects and
case materials.
The expert also performs style="mso-spacerun:yes"> duties
due process legislation
Expert does not have the right:
accept instructions for style="mso-spacerun:yes"> forensics
direct from any or except
Head of State Judicial and Expert Institution;
Implement forensic activity in
non-State expert;
join personal contacts with process participants, if this
questions its non-interest in the outcome of a case;
collect for the production of the judicial
expertise;
notify someone of the forensics results, for
excluding the authority or person who made it;
destroy or significantly modify them
properties without permission of style="mso-spacerun:yes"> or of the person
expertise
Expert or public forensic creation of
has the right to refuse to produce the judicial expertise they are assigned to
before the court , motivating for this party
which is charged by a court with payment of expenses related to
process forensics, pay the assigned
expertise before style="mso-spacerun:yes"> (Part Four Federal
Act of June 28, 2009 N 124-FZ - Legislative Assembly
Russian Federation, 2009, N 26, article 3122)
Article 17. Expert Rights
Expert to the right:
apply before by the
public forensic Institutions
Trial other experts, if
is required for research and opinion;
to log the investigation actions
or court meetings style="mso-spacerun:yes">
the participants ' understanding of the process of its conclusion or testimony;
to challenge in the manner prescribed by law the procedure of the organ or
faces for the forensic examination, if they violate permissions
expert.
The expert also style="mso-spacerun:yes"> rights, provided by
procedural legislation.
Article 18. Organization and Production Restrictions
forensics
The State judicial-expert institution is unable to style="mso-spacerun:yes">
awarded Trial Trial style="mso-spacerun:yes"> expertise, in cases, when
specified production started, it is immediately stops, if
set circumstances, confirmation of in
outcome of this institution's manager.
Expert is subject to the challenge is from in the trial
expertise, and if it is assigned to it, must immediately terminate
production at bases
Russian procedural legislation
In the Trial expert examination of the living person not
may participate style="mso-spacerun:yes"> its destination
Thespecified person for medical assistance. The specified constraint is valid
also Production of or
forensic psychiatric of expertise, without
direct Person Survey
CHAPTER III. PERFORMANCE OF THE JUDICIAL EXPERT IN PUBLIC
A EXPERT GROUP
Article 19. Rationale for forensic examination
in a public forensic institution
Grounds for forensic examination in the state
judicial-expert of the are the court definition of
judge, person, interrogator, investigator.
Judicial expertise style="mso-spacerun:yes"> the day of the
corresponding definition or resolution (to the red. Federal
law of July 24, 2007 N 214-FZ - Legislation Collection
Russian Federation, 2007, N 31, st. 4011)
Organ or person forensic science, representing
research objects and case files, required for
research and expert opinion.
Organ or person, forensics, get
samples for comparative studies and then add them to the
order, established by procedural law Russian
Federation. If necessary, get samples in progress
with the expert participation, the trial
expertise.
If the retrieval of the samples is part of Research
and implemented by expert style="mso-spacerun:yes">
forensics of objects, after judicial review Expertise
samples are sent to the body or person that have assigned it, or
time stored in State Judicial Experexpert
agency.
Specification of Forensic Production in the state
judicial-expert of the in the relationship of the living person is defined
Chapter IV of this Federal Law.
Article 20. Additional and retrial
Expertise in State Judicial Expertise
agencies
Production of additional forensic expertise in
lack of clarity or completeness previously conclusions,
is assigned to the same or another expert.
Reproduction court of expertise, assigned in
with the ships that have arisen, The judges, of the person conducting the initial inquiry,
doubts about in validity or previously
this conclusion on the same issues, is assigned to another expert
or another expert commission (in the Federal
July 2007 g. N 214-FZ - Law of the Russian
Federation, 2007, N 31, article 4011)
Article 21. Judicial Expertise in
public forensic institution
Commission-based forensics are several, but
is not less than two experts in one or different specializations.
The commission of the forensic examination is determined by the authority
or by the face, of its or the public
forensic institution
Organization and Production of commission from forensics
is the manager of the Judicial-expert
or on publicleaders
forensic institutions
The Commission of Experts agrees targets, sequence and size
forthcoming investigations, based on of the solution
questions addressed to her.
In the expert commission, with the production
judicial expertise, each expert independently and independently
carries out research, evaluates the results he personally receives and
other experts, and formulates conclusions on questions in
limits their special knowledge. One of experts
commission may perform
procedural of the function is not style="mso-spacerun:yes">
experts.
Article 22: Commission of experts of the same profession
In production Judicial expertiza commission
one major in each of them performs a study of the in full
capacity and they share the results.
Coming to General and are signed
shared conclusion or on the box
opinion. If between experts
each of or an expert that does not agree with others
separate conclusion.
Article 23. Commission of Experts of different professions
When you manufacture a court expert expertise
different specializations (remainder of Integrated Expertise) each
is conducting research within its special Knowledge. In
experts, in manufacturing complex
expertise, identifies what investigations and how much
every expert, what facts he has established and what conclusions is here.
Each expert, involved in the production of complex Expertise,
signs that part of the concluding that contains a description
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The general conclusion is made by experts, competent in the evaluation of the received
results and formulation of this output. If Public
output is facts, or more than one
experts, this must be to be in in
Expert differences between results Research
is executed according to Part of the second 22 of the present
Federal Law
Article 24. Presence of Process Participants
forensic examination in state
forensic institution
Trial style="mso-spacerun:yes"> expertise in
forensic institution can Those participants
process that is such a right
Russian legislation.
Process participants, present in judicial proceedings
expertise, cannot interfere with research, but can
give explanations of and set questions to the expert, related
forensics subject.
When you compose , expert
meeting experts and if Judicial
expertise produced by expert commission, presence of participants
process is not allowed.
In the case, if in process present
'forensic expertise' prevents expert, latest right
pause for the and request the body or
person, who have issued judicial expertise, about
specified of the production
forensics.
Presence considerations Process participants in production
forensic analysis is defined by the
true Federal Law.
Article 25. Conclusion of an expert or commission of experts
and its contents
Based on the Results
expert from of its or the expert commission provides written
Conclusion and sign the expert or Commissions
is certified by public
forensic institution
In conclusion of the expert
reflected:
time and place of forensics;
forensic evidence production;
body information style="mso-spacerun:yes"> or about the person who has committed
expertise;
public information about forensic institution,
Expert (name, name, patronymic, education, specialty, seniority
work, learned by style="mso-spacerun:yes"> and academic title,
tasked with producing forensics;
warning expert in with by law
Russian Federation of Responsibility for the Deposit style="mso-spacerun:yes"> knowingly false
conclusions;
questions raised to the expert or commission experts;
Investigation objects and case files submitted by expert
for forensics;
Information about members of the process, present
forensics;
content and results style="mso-spacerun:yes"> studies with an indication of applied
methods;
evaluate results Studies, justification, and language
conclusions on raised questions.
Inputs illustrating expert opinion or of the commission
experts, are appended to the conclusion and serve as its composite part of.
Documents, capturing progress, and results of the investigation
stored in state court-expert By
or individuals of the forensics court
specified documents are available for inclusion.
CHAPTER IV. THE PRODUCTION OF THE PRODUCTION OF JUDICIAL EXPERTS
THE PUBLIC UNSECONT AGENCY CONCERNING LIVING PERSONS
Article 26. Production of Forensic Expertise alive Forensic in
civil, administrative and criminal Judicial proceedings.
persons, style="mso-spacerun:yes"> forensics,
is determined by the procedural legislation of the Russian Federation.
Article 27. Conditions and place of production of the judiciary
Expertise with Living Persons
Forensic in relation living persons may be produced
in a organization's or other institution, and in another
location, where is conditions, required for
related research and the and rights
interests of the for which (in
Fred. Federal Act of November 25, 2013 style="mso-spacerun:yes"> n 317-FZ-Assembly
Russian legislation, 2013, N 48, 100 6165).
In the onset of the the production of forensics
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}
{ \cs6\f1\cf6\lang1024
} style="mso-spacerun:yes"> can
be placed organization, providing medical
assistance in fixed conditions, in the order of articles
28 - 30 Federal and procedural
Russian legislation Law
of 25 November style="mso-spacerun:yes"> 2013 N 317-FZ - Collection legislation
Russian Federation, 2013, N 48, st. 6165).
Delivery to of a medical organization or other person institution,
directed to forensics, is provided by or
Theperson who has appointed a forensic examination (ed.). Federal Law
of 25 November style="mso-spacerun:yes"> 2013 N 317-FZ - Collection legislation
Russian Federation, 2013, N 48, st. 6165).
Article 28. Volunteerism and Manufacturing
forensics
Forensic examination of the living person can be style="mso-spacerun:yes"> made
voluntarily or voluntarily.
If a forensic examination occurs in at the voluntary level
order, in state forensics institution should
to submit written consent of the person to Judicial
expertise
If the person in respect of whom the court is assigned expertise,
not has reached the age style="mso-spacerun:yes"> years or declared incompetent by a court,
written consent to The judicial production of is
is the legal representative of this person. If the person against whom
assigned court forensics, related with medical
meddling, not style="mso-spacerun:yes">, age 15 or is sick
<> d
incapacitated, written consent to judicial production
Expertise is given the legal
Federal Law style="mso-spacerun:yes"> 25 November N 317-FZ-Assembly
Russian legislation, 2013, N 48, 100 6165).
The circle of persons who can be tried expertise
in forced Order, is determined by the procedural
legislation Russian In
procedural legislation of the Russian Federation has
direct reference to forced face to
forensics, public forensic institution
is not entitled to perform forensic examination against this person in
enforced order.
Article 29. Grounds and order of hospitalisation of a person in
medical organization that provides medical
Stationary Assistance
(name of article in Federal Act of 25 November
2013 . N 317-FZ- Russian National Assembly (Russian Federation)
2013, N 48, ust (6165)
In the onset of the or production
Forensic or Forensic Psychiatric
survey static
hospitalized in appropriate medical organization,
medical static conditions,
or Assignment Judicial
expertise. Method of hospitalization of a person organization,
medical in in static conditions
specified by by procedural law of the Russian Federation Federation
(in the federal law of N 317-FZ -
Assembly Legislation of the Russian Federation, 2013, N 48, st.
6165).
Persons in under guards, for
judicial expertise in organization's medical
static conditions, specifically
for content of the (in
Federal Law style="mso-spacerun:yes"> 25 November N 317-FZ-Assembly
Russian legislation, 2013, N 48, 100 6165).
To produce Forensic Psychiatric person
hospitalized in medical organization,
psychiatric help in stationary conditions, , or
Forensic Psychiatric Medical organization style="mso-spacerun:yes"> only
on the definition of the
Forensic Psychiatric Expert Health organizations
be for admissions to them, not contained
in custody, , or hospitalization in them
{ guards } Federal Act of 25 November 2013 N 317-FZ-
Russian Law Assembly, 2013, N st.
6165).
Organ or person, Judicial and
hospitalized in medical organization,
medical help in fixed conditions in forced
order, must notify someone within 24 hours from
members of his family, relatives or other persons by their instructions, but with
missing to report style="mso-spacerun:yes"> internal Del
the person's
residence permit (in the person's location). Federal Act of 25 November
2013 . N 317-FZ- Russian National Assembly (Russian Federation)
2013, N 48, ust 6165).
Article 30. Length of residence of a person in a medical organization,
providing medical assistance in
stationary
(name of article in Federal Act of 25 November
2013 . N 317-FZ- Russian National Assembly (Russian Federation)
2013, N 48, ust (6165)
A person can be hospitalised to medical organization,
medical help static conditions, for
forensic or Forensic Psychiatric
expertise available for up to 30 days (in the Federal
November 2013 N 317-FZ -Assembly of Russian Legislation
Federation, 2013, N 48, st. 6165).
If necessary, on a reasoned request expert
or commission experts style="mso-spacerun:yes"> in
organization, providing medical in fixed
conditions may be extended by order of district court judge
place of finding Medical Organization for a further 30 days
(in the federal law of N 317-FZ -
Assembly Legislation of the Russian Federation, 2013, N 48, st.
6165).
An expert's motion of Experts on the Extension of the
hosting a person in a medical organization medical assistance in fixed conditions must be represented at district court to style="mso-spacerun:yes">
later than for before the 30-day time limit Federal Act of 25 November g. N 317-FZ
Russian legislation, 2013, N 48, 100 6165).
The judge issues the order and notifies about the expert
commission experts in days days get
petitions.
In the case of , the in the extension of the period of the person's stay
medical organization, providing medical
static conditions, it style="mso-spacerun:yes"> must be written out of it (in
Federal Act of 25 November g. N 317-FZ
Russian legislation, 2013, N 48, 100 6165).
Medical organization manager, that provides medical
assistance in fixed conditions, broadcasts about the claimed request and
judge the person's order in
medical organization, style="mso-spacerun:yes">
forensics (in the Federal Act of 25 November) style="mso-spacerun:yes"> 2013
g. N 317-FZ-Assembly of Laws of the Russian Federation, 2013,
N 48, st. 6165).
Exceped Cases of in the same order can be repeated
extension of the period style="mso-spacerun:yes"> organization's medical
medical assistance in Stationary conditions.
total duration of the person in the specified medical organization at
one judicial expertise cannot exceed 90 days
(in the federal law of N 317-FZ -
Assembly Legislation of the Russian Federation, 2013, N 48, st.
6165).
Violation of The person's stay in the medical organization
medical in in static conditions
set by this article, can be appealed by a person, style="mso-spacerun:yes">
Defender, legal by a representative of or other representatives
approved to style="mso-spacerun:yes"> in a case, as well as a medical director
organization, providing medical in fixed
conditions, in order, The procedural
Russian legislation. Violation of the terms of stay
in medical Organizations, providing medical assistance in
static conditions, can also be appealed. directly
to court by location of specified medical organization (to read
Federal Act of 25 November g. N 317-FZ
Russian legislation, 2013, N 48, 100 6165).
Article 31. Guarantees of the rights and legitimate interests of persons in respect of
s forensics
Trial style="mso-spacerun:yes"> expertise in relation to the living person
illegal:
restriction of rights, deceit, using violence, threats
illegal measures to obtain information from to in relation
which is forensics;
test new for the medicalmedication
application, specialized
andmedical products, prevention methods, diagnostics, treatment, and
medical rehabilitation, style="mso-spacerun:yes"> Biomedical
experimental research using as a object
person in respect of whom the forensic examination is performed (in the case
Federal Law style="mso-spacerun:yes"> 25 November N 317-FZ-Assembly
Russian legislation, 2013, N 48, 100 6165).
The person to whom the forensics
right to give to the expert explain, related to the subject
forensics.
An expert cannot be questioned about getting them from faces,
for which he has conducted forensic examination, Not
related to the subject of this forensic examination.
Date of person hospitalized organization,
medical assistance in static conditions,
Defender, legal by a representative of or other representatives
approved to participate in the case, are organized in conditions Exclusive
get third (in
Federal Act of 25 November g. N 317-FZ
Russian legislation, 2013, N 48, 100 6165).
Medical Aid to Person, in which is produced
forensics, provided by law
in the sphere of health care (ed.) of the Federal Act of style="mso-spacerun:yes"> 25 November
2013 . N 317-FZ- Russian National Assembly (Russian Federation)
2013, N 48, ust 6165).
hospitalized in a medical organization,
inpatient medical care, should be
provided real the option of complaints, and
petitions. Complaints, submitted style="mso-spacerun:yes"> matches with procedural
legislation Russian The Federation, censorship is not subject to
24 hours to be sent to the addressee (ed.] of the Federal Law
of 25 November style="mso-spacerun:yes"> 2013 N 317-FZ - Collection legislation
Russian Federation, 2013, N 48, st. 6165).
Persons not in custody, have the right to compensation
expenses, Related with judicial expertise,
reasons and in the order that is provided by the law
Russian Federation.
Article 32. The conditions for the production of forensic examinations in
The ratio of non-detained persons
in medical organizations that provide
in-patient psychiatric care
(the name of the article in in the Federal Act of 25
2013 . N 317-FZ- Russian National Assembly (Russian Federation) 2013, N 48, ust (6165) Forensic Psychiatric in for faces, not containing under Guardian
Forensic Psychiatric Medical Organizations, and
in other health care providers
static conditions. Hospitalization in specified medical
faces, guards, is valid.
Hospitalization of non-detained persons to other medical
organizations, that provide Psychiatric Treatment in Fixed
conditions, should not make judicial production
expertise (in ed. style="mso-spacerun:yes"> Federal Law , 25 November 2013
317-FZ-Legislative Assembly of the Russian Federation Federation, 2013, N
48, article 6165).
Persons not in the custody, in production
Forensic Psychiatric expertise enjoy patients ' rights
medical organizations, Psychiatric Psychiatric in
static conditions, installed by in the area
Health care (ed.) of the Federal Act of 25 November 2013. N
317-FZ -Collection of Russian legislation, 2013, N
48, article 6165).
In the case of the a person who is not in custody,
suffering from severe mental illness, action, threatening
life and public health or disorganizing medical
organization, providing Psychiatric Treatment in Fixed
conditions, supervisor Medical organization reports
about this in the internal affairs authority to be taken to the violator
measures to prevent these actions. If
like actions of are committed style="mso-spacerun:yes"> in
Forensic Psychiatric expertise in voluntarily
order, it can be
Psychiatric Care in Stationary Conditions,
head of specified medical organization in a written form
notifies the body or face, that have nominated the specified expertise (in this
)Federal Act of 25 November g. N 317-FZ
Russian legislation, 2013, N 48, 100 6165).
Article 33. Conditions for the production of forensic examination
for persons in custody
in medical organizations that provide
in-patient psychiatric care
(name of article in Federal Act of 25 November
2013 . N 317-FZ- Russian National Assembly (Russian Federation)
2013, N 48, ust (6165)
Forensic Psychiatric
in custody, produced in the Psychiatric Hospital
expert medical organizations for content
in them. Security and
medical of are implemented by
security and security style="mso-spacerun:yes">
{ guards } Federal Act of 25 November 2013 N 317-FZ-
Russian Law Assembly, 2013, N st.
6165).
Persons, of the contained custody, hospitalized in
psychiatric expert organization's medical
is subject to the provisions of the Code of Criminal Procedure Russian
and Federal guard
suspects and accused in of committing crimes ".
rules to apply penalties to the said individuals
and their liability, are not distributed style="mso-spacerun:yes">
explicit symptoms of heavy psychic disorders (in
Federal Act of 5 February 2007 N 10-FZ - Meeting
legislation Russian Federation, 2007, N 7, st. 831;
Federal Act of 25 November g. N 317-FZ
Russian legislation, 2013, N 48, 100 6165).
Interop s
security Forensic Psychiatric
medical organizations, with medical employees
medical organizations are defined jointly by the federal by the authority
executive of power,
implementing state and
in style="mso-spacerun:yes"> health, , and by the body executive authorities,
security and Security style="mso-spacerun:yes"> custody (in
Federal Law style="mso-spacerun:yes"> N N 10-FZ -Collection
legislation Russian Federation, 2007, N 7, st. 831;
Federal Law style="mso-spacerun:yes"> 25 November N 317-FZ-Assembly
Russian legislation, 2013, N 48, 100 6165).
Article 34. Support for hospitalized persons
forensic psychiatric expert
medical organizations
Material-Home and medico-sanitary persons
hospitalized in Forensic Psychiatric
medical organizations, is implemented in and
medical organizations that provide
in-patient psychiatric care, legislation in
{ Health } Health {} Health Federal Act of 25 November 2013 g. N 317-FZ-Assembly of Laws of the Russian Federation, 2013,
N 48, st. 6165). Article 35. Restrictions on Using Research Methods on forensics in relation alive In the production of forensics, in lives of
applied research methods, associated with strong
pain sensation or ability to negatively affect health
person, methods of the online
prohibited to using health practice
Russian legislation. Face, in relation to which
produced court forensics, must be informed
available for style="mso-spacerun:yees"> form of about the research methods used in
relation, including alternative, possible pain feeling
and Side events. Specified information is also provided
declaring the appropriate the request to thedelegate
the person to be forensics.
For persons who are subject to forensic examination, in
medical organization takes samples needed to perform
studies, o than in the expert opinion. Samples
receives a doctor or other specialist in the presence of the two medical
of this medical organization. Force Receipt
samples from individuals sent for forensic examination in at the voluntary level
order, not allowed (in Federal Act of 25 November
2013 . N 317-FZ- Russian National Assembly (Russian Federation)
2013, N 48, ust 6165).
Article 36. Presence of Process Participants
Forensic Expertise of Living Persons
Trial style="mso-spacerun:yes"> expertise in relation to the living person
can include those processes, the right
provided by procedural by law of
Federation. Other style="mso-spacerun:yes">
permission of a or persons who have been assigned a forensic examination, and
Person whom is subject to forensics, or
his legal representative.
When conducting exposure faces,
of the relationship style="mso-spacerun:yes"> forensics, can
be present only of the same sex. The specified
propagates to physicians style="mso-spacerun:yes"> and other workers
participating in the specified research.
CHAPTER V. FINANCIAL, INSTITUTIONAL, SCIENTIFIC
AND INFORMATION PROVIDE
PUBLIC EXPERT AGENCIES
Article 37. Financing of forensic activities
Public { \cs6\f1\cf6\lang1024 } Institutions
Expert units of federal executive authorities,
in volume style="mso-spacerun:yes"> internal
Russian Federation, funded by the federal funds
budget.
Public { \cs6\f1\cf6\lang1024 } Institutions
expert bodies of organs of the executive actors
Russian Federation funded by budgets account
Subjects of the Russian Federation.
State forensic institutions are entitled spend
on contractual based expert for
legal persons, charge for of forensic analysis
by civil, administrative and arbitration cases, cases
administrative offences. Order of specified
is defined by relevant by the federal
Federal Law of March 8,style="mso-spacerun:yes"> 2015
g. N 23-FZ-Legislative Assembly of the Russian Federation, 2015,
N 10, st. 1393).
Article 38. Organizational and scientific-methodical support
forensics
Organizational Assurance publicactivity
Forensic Files implemented by
federal by
executive authorities of the constituent entities of the Russian Federation.
Scientific-methodical support judicial production
forensics, and also additional professional education
public court Related
Federal executive authorities on the forensic
from number specified in first and second article 11
true Federal Act. style="mso-spacerun:yes"> law
July 2013 N 185-FZ - Law of the Russian
Federation, 2013, N 27, st. 3477).
Article 39. Activity Information
public forensic institutions
Organizations regardless of organization and legal form style="mso-spacerun:yes"> forms
properties are required Gratis
to grant requestsheads of state forensic institutions
or directories of your products, technical and technology
documentation and other information content, for
Trial This
justice-expert institutions ensure non-disclosure of obtained
details, of the components of State, commercial orOther
Secrecy secret.
Public forensic institution right
apply before style="mso-spacerun:yes"> Judge, by the body of inquiry, by the person
manufacturing inquest, investigator receipt by
production in cases objects, objects
evidence, for in the expert, scientific , and
{ \cs6\f1\cf6\lang1024
} methodological activities{ \cs6\f1\cf6\lang1024
} 24
July 2007 g. N 214-FZ - Law of the Russian
Federation, 2007, N 31, article 4011)
Article 40. Protection of State forensic experts
institutions
Security for Public Institutions
provided by their managers and funded by for
federal budget, budgets
Federation, and for other sources
Russian legislation.
CHAPTER VI. FINAL PROVISIONS
Article 41. Redistributing the action of this Federal
law for forensic activities of persons, not
by State judicial experts
Under with law
Russian Federation of Forensic Expertise can be style="mso-spacerun:yes"> outside
government forensic institutions style="mso-spacerun:yes"> members
specialized knowledge in the sciences, techniques, art,
craft but not state judicial experts.
To forensics activities of in parts
first article, is subject to articles 2, 3, 4,
6-8, 16 and 17, of Part Two 18, Articles 24 and 25 of the present
Federal Act (in the Federal Act of 25 November) style="mso-spacerun:yes"> 2013
g. N 317-FZ-Assembly of Laws of the Russian Federation, 2013,
N 48, st. 6165).
Article 42. Harmonization of regulations in
compliance with this Federal Law
Instruct the Government Russian Federation
rendering normative Federal bodies
executive in matches Federal
law
Article 43. Entry into force of this Federal Law
This Federal style="mso-spacerun:yes">
official publication, with the exception of part three of article 29,
which takes effect criminal procedure
legislation of the Russian Federation in line with locations
Constitution of the Russian Federation.
Moscow, Kremlin
May 31, 2001
N 73-FZ
