The State Forensic Activities In The Russian Federation

Original Language Title: О государственной судебно-экспертной деятельности в Российской Федерации

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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 [ [ in order,

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"> and the production of forensics in

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

The

executive 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

The

specified 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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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

The

person 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 

and

medical 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 requests

heads 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