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 on gosudarstvennojsudebno-Russian Federation of expertise Adopted April 5, 2001 GosudarstvennojDumoj year SovetomFederacii May 16, 2001 Approved year (ed.  Federal law dated December 30, 2001  N 196-FZ-collection of laws of the Russian Federation, 2002, N 1, art. 2;
Federal law dated February 5, 2007  N 10-FZ-collection of laws of the Russian Federation, 2007, N 7, art. 831;
Federal law dated July 24, 2007 N 214-FZ-collection of laws of the Russian Federation, 2007, N 31, art. 4011;
Federal law dated June 28, 2009 N 124-FZ-collection of laws of the Russian Federation, 2009, N 26, art. 3122;
Federal law dated December 6, 2011 N 409-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7351;
Federal law dated July 2, 2013 N 185-FZ-collection of laws of the Russian Federation, 2013, N 27, art.  3477;
Federal law dated November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165;
Federal law dated March 8, 2015  N 23-FZ-collection of laws of the Russian Federation, 2015, N 10, art. 1393) NastoâŝijFederal′nyj the law defines the legal framework, principles of organization and the main directions of the State forensic activities in the Russian Federation (hereinafter referred to as the State forensic expert activity) in civil, administrative and criminal proceedings.
     Proizvodstvosudebnoj examination, taking into account the particularities of individual proceedings are governed by the relevant procedural legislation of the Russian Federation.
 
     Chapter i. Article 1 OBŜIEPOLOŽENIÂ. State forensic expert activities Gosudarstvennaâsudebno-expert activities carried out during the court proceedings, the State forensic institutions and Government forensic experts (hereinafter also-expert), is the Organization and production of sudebnojèkspertizy.
 
     Article 2. Zadačagosudarstvennoj forensic Zadačejgosudarstvennoj forensic activities activities is to assist the courts, judges, persons conducting the initial inquiry, the interrogator, investigators clarification, subject to proof in a specific case, by resolving issues that require special knowledge in the field of science, technology, arts or crafts (as amended by the Federal law dated July 24, 2007  N 214-FZ-collection of laws of the Russian Federation, 2007, N 31, art. 4011). Article 3. Pravovaâosnova State forensic expert of the legal basis of the State forensic activity are the Constitution of the Russian Federation, this federal law, the civil procedure code of the Russian Federation, the administrative procedure Code of the Russian Federation, the Arbitražnyjprocessual′nyj code of the Russian Federation, the criminal procedure code of the Russian Federation, the code of the Russian Federation on administrative offences, the legislation of the Russian Federation on customs, the tax code of the Russian Federation, the health legislation, laws and drugiefederal′nye normativnyepravovye acts of federal bodies of executive power governing the Organization and production of forensic expertise (as amended by the Federal law of December 30, 2001 N 196-FZ-collection of laws of the Russian Federation, 2002, N 1, art. 2; federal law dated February 5, 2007  N 10-FZ-collection of laws of the Russian Federation, 2007, N 7, art.  831; Federal law dated 6dekabrâ, 2011.  N 409-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7351; Federal law dated November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art.  6165; Federal law dated March 8, 2015  N 23-FZ-collection of laws of the Russian Federation, 2015, N 10, art.
1393). Article 4. Gosudarstvennojsudebno-principles of expert activity Gosudarstvennaâsudebno-expert activities based on the principles of the rule of law, respect for human and civil rights and freedoms, the rights of a legal person, as well as nezavisimostièksperta, objectivity, comprehensiveness and completeness of research conducted with the use of modern achievements of science and technology.
 
     Article 5. Soblûdeniezakonnosti when implementing State forensic expert activity State forensic èkspertnaâdeâtel′nost′ accurate performance is subject to the requirements of the Constitution and other normative legal acts, which constitute the legal basis for this activity.
     Violation of the law in exercising forensic activities is prohibited and entails the responsibility established by the legislation of the Russian Federation.
 
     Article 6. Soblûdenieprav and freedoms of man and citizen, pravûridičeskogo persons during State forensic expert Gosudarstvennaâsudebno activities activities are carried out in a steady soblûdeniiravnopraviâ citizens of their constitutional rights to freedom and personal inviolability and dignity, inviolability of private life, personal and family secrets, protection of honour and reputation, as well as other human and civil rights and freedoms in accordance with universally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation.
     Forensic èkspertnyeissledovaniâ (hereinafter study), requiring the temporary restriction of freedom of person or his or her personal integrity, are conducted only on the bases and pursuant to the procedure established by federal law.
     A person who believes that actions (inactivity) of the State forensic expert institution or expert led kograničeniû of the rights and freedoms of the citizen or the rights and legitimate interests of legal persons have the right to appeal against these actions (omission) in the manner prescribed by the zakonodatel′stvomRossijskoj Federation.
 
     Article 7. Nezavisimost′èksperta With proizvodstvesudebnoj examination the expert is independent, it cannot be in any depending on the body or person appointing judicial expertise, the parties and other persons interested in the outcome of the case.   The expert shall determine, based on rezul′tatahprovedennyh studies in accordance with their expertise.
     It is not allowed to impact on expert by the courts, judges, examining bodies, persons conducting an initial inquiry, prosecutors, as well as sledovateleji other gosudarstvennyhorganov, organizations, associations and individuals in order to obtain an opinion in favor of any of the participants in the proceedings or in the interests of other persons.
     Those responsible for vokazanii effects on expert, shall incur liability in accordance with the legislation of the Russian Federation.
 
     Article 8. Objectivity, comprehensiveness and completeness of research Expert provoditissledovaniâ strogonaučnoj objectively and practical manner, within appropriate specialties, comprehensively and in its entirety.
     Conclusion based on the provisions of èkspertadolžno, making it possible to check the validity and reliability of the findings, based on generally accepted scientific data.
 
     Article 9. Osnovnyeponâtiâ used in this Federal′nomzakone for the purposes of this federal law uses the following concepts: medicinskaâorganizaciâ, providing medical care in a hospital, the medical organization of the State system of zdravoohraneniâlibo structural unit of medical or other public health organizations, health care providers in a 24-hour medical monitoring (in red.  Federal law dated November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165);
     medicinskaâorganizaciâ, providing psychiatric care in a hospital, the medical organization of the public health system or a structural unit of medical or other public health organization providing psychiatric care under conditions that provide 24-hour medical monitoring (in red.  Federal law dated November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165);
     forensic medical psihiatričeskaâèkspertnaâ medical organization organization providing psychiatric care in stationary conditions and specially designed produce forensic psychiatric examination (in red.  Federal law dated November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165);
     rukovoditel′gosudarstvennogo forensic expert institution (hereinafter also-head)-Director or head (head) of the State forensic expert institution or equivalent thereto, a specialized unit which carries out the function of guidance to the Organization and production of forensic expertise at the institution or unit;
     litigation-adjustable procedural legislation of the Russian Federation, the Court or judge

during the trial, civil, administrative and criminal cases, as well as the activities of a body conducting an inquiry, the person conducting the inquiry, the investigator iliprokurora in criminal proceedings, the conduct of initial inquiries and pre-trial investigations;
     sudebnaâèkspertiza-procedural action, consisting of research and expert opinion, the resolution of which requires special knowledge in the field of science, technology, arts or crafts and set peredèkspertom Court judge body of inquiry, the interrogator, investigator, in order to establish the circumstances, subject to proof by konkretnomudelu (in red.  Federal law dated July 24, 2007  N 214-FZ-collection of laws of the Russian Federation, 2007, N 31, art. 4011);
     expert opinion is a written document reflecting the status and results of studies conducted by the expert;
     samples for comparative study-objects that display properties or peculiarities of man, animal, body, subject, material or substance, as well as other necessary samples for research and expert dačizaklûčeniâ;
     povreždenieob″ekta study-to change the properties and State of the object as a result of the use of physical, chemical, and biological research.
 
     Article 10. Ob″ektyissledovanij Objects issledovanijâvlâûtsâ exhibits, documents, objects, animals, corpses and their parts, samples for comparative study, as well as the materials of the case, to forensics.
     Provodâtsâtakže study on living persons (hereinafter also referred to as a person).
     Research evidence and documents with the permission of the body or person appointing a forensic examination, can byt′povreždeny or used only to the extent necessary for provedeniâissledovanij and make conclusions. The specified permission should contain vpostanovlenii or definition of appointment or forensic corresponding letter.
     Povreždenieveŝestvennyh evidence and documents produced with the permission of the body or person appointing judicial examination, does not entail damages their owner State forensic expert or expert.
     If the object handling research in State forensic expert institution is impossible, organili person, providing forensic expert provide unimpeded access to the object and the possibility of his research.
 
     Article 11. Gosudarstvennyesudebno-expert agencies Gosudarstvennymisudebno-expert institutions are specialized agencies of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, created for the enforcement powers of the courts, judges, organovdoznaniâ, persons conducting an initial inquiry, investigators, through the Organization of forensic iproizvodstva (as amended by the Federal law dated July 24, 2007 N 214-FZ-collection of laws of the Russian Federation, 2007, no. 31, p. 4011).
     Organization and production can also be forensic expert units, created by federal bodies of executive power or bodies of executive authorities of the constituent entities of the Russian Federation. In cases where the production is entrusted to the forensic expert units specified they exercise the functions execute duties, have the right and responsibility as a Government forensic expert agencies.
     Gosudarstvennyesudebno-expert institutions are created and disposed of in the manner prescribed by the legislation of the Russian Federation.
     Deâtel′nost′gosudarstvennyh forensic institutions for the Organization and production of forensic evidence is governed by this federal law, procedural law of the Russian Federation and is carried out in accordance snormativnymi legal acts relevant federal organovispolnitel′noj authorities.
     Organization and production of forensic medical organizations or their offices do not fall within the purview of the Federal organaispolnitel′noj authorities in the health sector, are based on normative legal acts of the appropriate federal bodies of executive power, taken together with the Federal Executive Body for poweras public health. In these organizations and podrazdeleniâhne can be organized and produced forensic psychiatric examination (as amended by the Federal law of November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). Gosudarstvennyesudebno-expert agencies the same profile are working for the Organization and production of forensic expertise on common scientific-methodical approach to expert practice, training and expertise.
     Gosudarstvennyesudebno-expert agencies produce forensic examination in accordance with the profile, certain dlânih the relevant federal bodies of executive power.
     Gosudarstvennyesudebno-expert agencies necessarily produce forensic examination for bodies of inquiry, the preliminary investigation bodies and courts located within, which is determined by the relevant federal bodies of executive power. In the case of forensic nevozmožnostiproizvodstva forensic expert public institution serving the territory, due to the lack of expert specific speciality, necessary logistical base or special conditions for research judicial examination for organs of initial inquiry or pre-trial investigation authorities isudov can be made by State forensic institutions, serving other areas.
     Deâtel′nost′gosudarstvennyh forensic institutions for the Organization and production of forensic evidence to other States is carried out in accordance with international treaties of the Russian Federation.
 
     Article 12 the State forensic expert Gosudarstvennymsudebnym expert is a certified employee of the State forensic expert carrying out forensic examination agencies in discharging their duties.
 
     Article 13 professional and qualification requirements for the expert as an expert in State forensic institutions might take a citizen of the Russian Federation, with higher education and received additional professional education on a specific expert in the manner prescribed by regulations of the relevant federal bodies of executive power. As an expert in expert federal authority units ispolnitel′nojvlasti in domestic delmožet also be a citizen of the Russian Federation with sredneeprofessional′noe education in forensic examination (as amended by the Federal law dated July 2, 2013 N 185-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3477).
     Definition of the urovnâkvalifikacii experts and testing them on the right of independent production carried out forensic expert qualification commissions in the manner prescribed by regulations of the relevant federal bodies of executive power.  The skill level of experts is subject to review specified commissions every fiveyears (ed.  Federal zakonaot July 2, 2013  N 185-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3477). Chapter II. DUTIES of the HEAD of IPRAVA and an expert of the STATE forensic EXPERT INSTITUTION Article 14. Obâzannostirukovoditelâ State forensic expert of the institution Head must: upon receipt of the order or determination on the appointment of a forensic examination to entrust its production of a particular expert or a Commission of experts of the institutions that have expertise in the extent required for the answers to the questions;
     explain the expert expert ilikomissii their rights and duties;
     on behalf of the authority to appoint a forensic ililica, warn the expert on criminal liability for false imprisonment, dačuzavedomo him the appropriate subscription and send it together with the expert opinion to the authority or person who appointed forensic examination;
     obespečit′kontrol′ production deadlines for forensic examinations, taking into account the dates established by the courts in appointing judicial expertises, completeness and quality of the research, without violating the principle of the independence of the expert (harm federal law dated June 28, 2009 N 124-FZ-collection of laws of the Russian Federation, 2009, N 26, art. 3122);
     upon the completion of studies to send expert's opinion, the objects of research and materials of the case to the authority or person who appointed forensic examination;
     obespečit′usloviâ required to preserve the confidentiality of studies and their results;
     not to disclose information, which became known to him in connection with the Organization and production of forensic evidence, including information that might restrict the constitutional rights of citizens and

the information constituting State, commercial iliinuû secret protected by the law.
     Rukovoditel′obâzan to ensure that the conditions necessary for research: naličieoborudovaniâ, instruments, materials and information;
     compliance with safety regulations and industrial sanitation;
     sohrannost′predstavlennyh objects of research and materials of the case.
     The head may not claim without decision or determination on the appointment of a forensic examination of the objects of research and materials necessary for the production of forensic expertise;
     on their own without coordination with the body or official, forensic naznačivšimi, bring to its proizvodstvulic not working in this institution;
     giving expert guidance, prejudge the content-specific forensic findings.
 
     Article 15. Pravarukovoditelâ State forensic expert of the institution Head may: return without execution of the judgment or ruling on the appointment of forensic evidence presented to produce objects of research and materials of the case, if this expert učreždeniinet particular speciality necessary logistical base or special conditions for research, specifying the grounds on which you check in;
     apply peredorganom or naznačivšimi forensic examination, the inclusion in the composition of the Commission of experts of persons not employed in the institution if their expertise is needed to give opinions;
     organizovyvat′proizvodstvo forensic evidence involving the other institutions specified in the judgment or determination on the appointment of a judicial examination;
     pass čast′obâzannostej and rights relating to the Organization and production of sudebnojèkspertizy, his Deputy, as well as the head of the structural unit of the institution he heads;
     demand from the body ililica to appoint a forensic examination, reimbursement: 1) compensation for storage transport organization received the forensic research objects, with the exception of fines for delay in their receipt of the institution;
     2) transporting objects after their studies, except for postage;
     3) storing objects of research in the State forensic expert establishment after the end of the proizvodstvasudebnoj examination beyond the deadlines established regulations of the relevant federal bodies of executive power;
     4) Elimination of the effects of explosions, fires and other extreme situations resulting from enrolling in the institution of high-risk if the person or body providing forensic examination, was not told about the well-known leader of special rules for the treatment of specified objects or they were unduly packed.
 
     Article 16. Obâzannostièksperta expert must: take the production entrusted to him the head of the State forensic expert forensic institutions;
     to carry out a full study of the objects and materials of the case, dat′obosnovannoe and objective opinion on raised before him;
     sostavit′motivirovannoe written statement on the impossibility to give its opinion and send this message to the entity or person who appointed forensic examination, if the questions go beyond the expertise of the expert, the objects of research and materials of the case are unsuitable or insufficient for research and dačizaklûčeniâ and expert denied their supplement, modern level of science not to answer the questions;
     not razglašat′svedeniâ, which became known to him in connection with the production of sudebnojèkspertizy, including information that might restrict the constitutional rights of citizens, as well as the information constituting State, commercial or other secrets protected by law;
     obespečit′sohrannost′ submitted ob″ektovissledovanij and case materials.
     The expert also performs duties provided for by the relevant procedural law.
     The expert does not have the right to: prinimat′poručeniâ on the production of forensic expertise directly from any of the bodies or persons, with the exception of the State forensic expert of the institution;
     osuŝestvlât′sudebno-expert activities as a non-governmental expert;
     engage in personal contacts with stakeholders, if it questioned his lack of interest in the outcome of the case;
     samostoâtel′nosobirat′ materials for the production of forensic expertise;
     to report to anyone about the results of the forensic examination, with the exception of a body or person appointing it;
     destroy the objects of research or substantially alter their properties without permission of a body or person appointing a forensic examination.
     Iligosudarstvennoe expert forensic expert institution is not entitled to renounce the production entrusted to them sudebnojèkspertizy in the period of time set by the Tribunal, citing the refusal of the parties, on which the Court has the responsibility for costs related to the production of forensic examination, pay the assigned examination prior to its implementation (part four introduced by the Federal law dated June 28, 2009  N 124-FZ-collection of laws of the Russian Federation, 2009, N 26, art. 3122). Article 17. Pravaèksperta Expert may: hodatajstvovat′pered the head of the State forensic expert institutions to produce forensic evidence of other experts, if necessary, to conduct research and provide opinion;
     do podležaŝiezaneseniû in the record of the investigation or trial, statements about the misinterpretation of its conclusion or actors;
     appeal vustanovlennom law action of a body or person appointing sudebnuûèkspertizu, if they violate the law expert.
     The expert also has rights under the relevant procedural law.
 
     Article 18. Ograničeniâpri organization and production of sudebnojèkspertizy Gosudarstvennomusudebno-expert institution cannot be responsible for the production of forensic evidence, and in cases where the specified production began, it is immediately terminated if the circumstances confirming the interest in the outcome of the case the head of the institution.
     The expert is subject to withdrawal from participation in the production of forensic evidence, and if it emuporučena, shall immediately cease its production in the presence of grounds stipulated by the procedural law of the Russian Federation.
     In the production of forensic expertise in relation to living licane can participate in doctor who before her appointment has provided medical assistance to the person concerned. The specified ograničeniedejstvuet is also in the production of forensic science or forensic psychiatric examination, carried out without the direct examination of a person.
 
     CHAPTER III. PROIZVODSTVOSUDEBNOJ EXAMINATION in the State forensic ÈKSPERTNOMUČREŽDENII Article 19. Forensic Osnovaniâproizvodstva forensic expert inpublic institution of forensic Osnovaniâmiproizvodstva in the State forensic expert institution are the definition of court rulings of a judge, the person conducting the inquiry, the investigator.
Forensic evidence is considered to be assigned from the day an appropriate ruling or order (as amended by the Federal law dated July 24, 2007  N 214-FZ-collection of laws of the Russian Federation, 2007, N 31, art. 4011). the authority or a person providing forensic examination, are objects of research and materials necessary to conduct research and provide expert opinion.
     Authority or the person that nominated forensic examination, receive samples for comparative studies and associate them to the case in order ustanovlennomprocessual′nym the legislation of the Russian Federation.  In neobhodimyhslučaâh samples is carried out with the participation of an expert entrusted with the production of forensic analysis, or specialist.
     In the case of eslipolučenie samples is part of research and carried out by an expert using presented on forensic examination of objects after the completion of the forensic samples are sent to the entity or person who was appointed or a certain time are stored at the State forensic expert institution.
     Forensic Osobennostiproizvodstva in the State forensic expert institution regarding living persons are defined in chapter IV of this federal law.
 
     Article 20. Proizvodstvodopolnitel′noj and repeated forensic forensic expert inpublic institution of forensic Proizvodstvodopolnitel′noj, appointed in the case of nedostatočnojâsnosti or the completeness of this conclusion, the previously assigned the same or another expert.
     Forensic Proizvodstvopovtornoj appointed encountered Usuda, the judge, the person conducting the inquiry, the investigator, doubts as to the correctness or validity of this conclusion earlier on the same issues is another expert or another expert Commission (as amended.  The Federal law of 24

July 2007 N 214-FZ collection zakonodatel′stvaRossijskoj Federation, 2007, N 31, art. 4011). Article 21. Forensic Proizvodstvokomissionnoj in the State forensic expert institution Commission sudebnaâèkspertiza produced several, but not less than one or two experts of different specialties.
     Commission haraktersudebnoj examination is determined by the body or person, its naznačivšimi or rukovoditelemgosudarstvennogo forensic expert institutions.
     Organization and production of the forensic Commission entrusted to the head of the State forensic expert institution or on the heads of several State forensic institutions.
     The Commission èkspertovsoglasuet goal, iob″em sequence for upcoming studies, based on the need to address its issues.
     Consisting of komissiièkspertov, which is responsible for the production of forensic examination, each expert independently isamostoâtel′no conducts research, evaluates the results obtained by them personally and other experts, and draw conclusions on voprosamv raised within its specialized knowledge.  One of the experts the Commission can serve as an expert organizer;   its procedural functions do not differ from those of other experts.
 
     Article 22. Komissiâèkspertov one specialty in the production of forensic experts Commission one specialty each of them conducts research in full and they jointly analyse the results.
     Coming to a common view that experts make up and sign the joint conclusion or message about the impossibility of giving of conclusion.  In slučaevozniknoveniâ the differences between each of these experts or expert that does not soglasens others, gives a separate opinion.
 
     Article 23. The Commission èkspertovraznyh specialties In forensic proizvodstvekomissionnoj experts of different specialities (hereinafter-due diligence) each of them conducts research within its specialized knowledge.  In the opinion of the experts involved in the production of a comprehensive examination, indicate what investigations and in which each expert ob″emeprovel what faktyon installed and what conclusions come.
Each expert, učastvuûŝijv production complex examination, signs that part of the opinion, which contains a description of its research, and bears the responsibility.
     Total output delaûtèksperty, qualified in ocenkepolučennyh results and formulating the finding. If the total output are facts established by one or more experts, this should be stated in the conclusion.  In the case of raznoglasijmeždu experts research results shall be made in accordance with paragraph 2 of article 22 hereof.
 
    Article 24. Prisutstvieučastnikov process in the production of sudebnojèkspertizy in the State forensic expert institution in the production of forensic expertise at the State forensic expert institution can attend those parties process that such a right was granted procedural legislation of the Russian Federation.
     Učastnikiprocessa present in the production of forensic examination, not vpravevmešivat′sâ in the course of research, but can give explanations and to ask questions related to the subject-matter expert forensics.
     When preparing an expert opinion, as well as at the stage of the meeting of experts and draw conclusions, if forensic examination is carried out by the Commission of experts, the prisutstvieučastnikov process is not allowed.
     If a litigant, present in the production of forensic analysis, prevents the expert poslednijvprave to suspend the study and request the authority or person naznačivšimi forensic examination, for rescission of permission specified party be present during the process of production of forensic evidence.
     Osobennostiprisutstviâ actors in the production of forensic expertise in relation to living persons are defined in chapter IV of this federal law.
 
     Article 25. Zaklûčenieèksperta or the Commission of experts and egosoderžanie based on the research results with expert or on its behalf, the Commission of experts give a written opinion and sign it.  Signature of the expert or experts Commission certified seal State forensic expert institutions.
     In the opinion of an expert or a Commission of experts should be included: time and forensic mestoproizvodstva;
     grounds for proizvodstvasudebnoj examination;
     information about body or person appointing judicial examination;
     information about State forensic èkspertnomučreždenii on EA (surname, name, patronymic, profession, education, work experience, academic degree, academic rank and position), tasked with the production of forensic expertise;
     predupreždenieèksperta in accordance with the legislation of the Russian Federation on liability for obviously falsified findings;
     questions, postavlennyepered expert or by the Commission of experts;
     objects of research imaterialy of the case presented by the expert to produce forensic evidence;
     information about the process, present in the production of forensic expertise;
     the content and the results of studies indicating the methods applied;
     evaluation of the results of research, and the formulation of conclusions on the issues raised.
     Materials, illustrating the expert's opinion or Commission of experts attached kzaklûčeniû and serve as its integral part.
Documents locating stroke, conditions and research results are stored in the State forensic expert institution.  On demand of a body or person appointing judicial examination, these documents are available for inclusion in the case.
 
     CHAPTER IV. FORENSIC OSOBENNOSTIPROIZVODSTVA in the State forensic EXPERT INSTITUTION in OTNOŠENIIŽIVYH PERSONS Article 26. Proizvodstvosudebnoj examination concerning living persons Sudebnaâèkspertiza on living persons is made in civil, administrative and criminal proceedings.  The circle of persons who may be sent to a forensic examination, is determined by the procedural legislation Russianfederation.
 
     Article 27. Imesto forensic production conditions for Sudebnaâèkspertiza survivors against living persons možetproizvodit′sâ in medical organization or institution, as well as elsewhere where there are the conditions necessary for the research and promotion of the rights and legitimate interests of persons in otnošeniikotorogo studies are conducted (in red.  Between $ 25 million and federal law of November, 2013.  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). In the case of in the production of sudebnojèkspertizy the need for examination of a person in a hospital, it can be placed in a medical organization providing medical care in a hospital, in order, predusmotrennomstat′âmi 28-30 of this federal law and procedural law of the Russian Federation (in red.  Federal law dated November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). delivery in the medical organization or institution person aimed at judicial expertise is provided by the person or entity, forensic naznačivšimi (ed. Federal′nogozakona from November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). Article 28. Voluntary and coerced when producing sudebnojèkspertizy for forensic examination of living persons can be made on a voluntary or compulsory basis.
     If sudebnaâèkspertiza is made on a voluntary basis, to the State forensic expert must be submitted to the Agency a written consent of the person being subjected to forensic examination.
     If the person appointed otnošeniikotorogo judicial expertise, has not reached the age of 16 years or recognized incapable by court, the written consent to the production of forensic expertise is given by the legal representative of that person. If the person otnošeniikotorogo appointed forensics related to medical intervention, has not reached the age of 15 years or is sick and has not reached the age of 16 years or recognized incapable by court, the written consent to the production of forensic expertise is given by the legal representative of that person (as amended by the Federal law of November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). The range of persons who can be sent to a forensic examination, is determined by the procedural law of the Russian Federation.   If the procedural legislation of the Russian Federation contains no direct reference to the possibility of forced direction licana forensic examination, State forensic expert institution may not produce forensic examination in respect of ètogolica.
 
     Article 29. Founding of iporâdok hospitalization of a person in medicinskuûorganizaciû with health care vstacionarnyh conditions

     (naimenovaniestat′i in red.  Federal law dated November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165) in case of when assigning or forensic medical or forensic psychiatric examination necessary examination of a person in a hospital it is hospitalized in the medical organization providing medical care in a hospital, on the basis of the decision or determination on the appointment of a forensic examination.  Porâdokgospitalizacii person in medical organization providing medical care in a hospital, is determined by the processual′nymzakonodatel′stvom of the Russian Federation (in red.  Federal zakonaot November 25, 2013 N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art.
6165). Persons in custody are hospitalized for production of forensic medical organizations providing medical assistance in a hospital, specially adapted to the content of the said persons (as amended by the Federal law of November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). For the production of forensic psychiatric examination the person is hospitalized in the medical organization providing psychiatric care in a hospital, or forensic psychiatric expert medical organization solely on the basis of the definition of a court or judge's order.
Forensic expert medical organizations may be intended for the hospitalization of persons not in custody or dlâgospitalizacii persons in custody (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
     Authority or the person that nominated forensic examination and gospitalizirovavšie person in medical organization providing medical care in a hospital, forcibly foroctober 24 hours must inform any member of his family, relatives or other persons under his direction, the APC absence inform the organ of internal affairs at the place of residence of the person in question (as restated by federal law 25noâbrâ, 2013.  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165). Article 30. Srokiprebyvaniâ persons in the medical institution, okazyvaûŝejmedicinskuû support in stacionarnyhusloviâh (naimenovaniestat′i in red.  Federal law dated November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165) a person may be admitted to the medical organization providing medical care in a hospital, for the production of forensic science or forensic psychiatric examination for up to 30 days (in red.  Federal law dated November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). In the case of neobhodimostipo substantiated request of an expert or a Commission of experts term a person in medical organization providing medical care in a hospital, may be extended by a judge of the district sudapo the location of the specified medical organization for another 30 days (in red.  Federal zakonaot November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art.
6165). Hodatajstvoèksperta or the Commission of experts oprodlenii the length of stay of a person in the medical organization providing medical care in a hospital, the vrajonnyj must be submitted to the Court at the location of the specified medical organization not later than three days prior to the expiration of the 30-day period expires (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
     Judge vynositpostanovlenie and shall notify it of the expert or a Commission of experts within three days from the date of receipt of the application.
     In case of refusal of the judge to extend the stay of persons in the medical organization providing medical care in a hospital, it must be checked out of it (damage the Federal law dated November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
     Rukovoditel′medicinskoj organization okazyvaûŝejmedicinskuû help in stationary conditions, reports claimed the judge handed down a ruling hodatajstvei person in the specified medical organizations, as well as the entity or person who nominated judicial examination (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
     In exceptional cases, in the same way perhaps repeated extension of stay of a person in the medical organization providing medical care at stacionarnyhusloviâh.  When the total period of stay of a person in the specified medicinskojorganizacii the production of one forensics may not exceed 90 days (in red.  Federal zakonaot November 25, 2013 N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art.
6165). Violation of terms of a person in the medical organization providing medical care in a hospital, established by this article may be appealed against by the person, his defence lawyer, legal representative or other authorized representatives to participate in the case as well as the rukovoditelemmedicinskoj organization providing medical care in a hospital, in a manner consistent with the procedural law of the Russian Federation. Violation of srokovprebyvaniâ persons in the medical organization providing medical care in a hospital, may be appealed directly to the Court in the location of the specified medical organization (harm federal law dated November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
 
     Article 31. Garantiiprav and the legitimate interests of persons in respect of the kotoryhproizvoditsâ judicial expertise in the production of forensic expertise in relation to living persons are prohibited: restriction of rights, fraud, violence, threats or other unlawful measures in order to obtain information from the person against whom it is made legal expertise;
     test new drugs for medical use, specialized products of therapeutic food and medical products, methods of prevention, diagnosis, treatment and rehabilitation, as well as conduct biomedical experimental research using as an object of the person against whom the order is made by Forensics (harm federal law dated November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). a person otnošeniikotorogo produced forensic evidence, the expert has the right to give explanations, related to the subject of the forensic evidence.
     The expert could not byt′doprošen about getting them from the person against whom he conducted a forensic examination, information not relevant to the subject of the forensic evidence.
     Dating a person hospitalized in the medical organization providing medical care in a hospital, with his defence lawyer, legal representative or other authorized representatives to participate in the case are conditions precluding the possibility of obtaining information by third parties (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
     Medical pomoŝ′licu, against which the forensic examination, turns out to be under health szakonodatel′stvom (as amended by the Federal law of November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165). Person hospitalized in the medical organization providing medical care in a hospital, the dolžnabyt′ given the real possibility of filing complaints, Petitions and motions.  Complaints submitted in accordance with the procedural legislation of the Russian Federation shall not be subject to censorship and for 12:00 am are sent to the addressee (as restated.  Federal law dated November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). persons in custody have the right to recover the costs associated with the production of forensic analysis, on the grounds and in the manner which predusmotrenyzakonodatel′stvom of the Russian Federation.
 
     Article 32. Usloviâproizvodstva forensic otnošeniilic, not detained, vmedicinskih organizations providing mental health care in stationary conditions (article name harm.  Federal law dated November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165) forensic psihiatričeskaâèkspertiza on persons in custody is made both in the forensic psychiatric expert health organizations and other medical organizations providing psihiatričeskuûpomoŝ′ in stationary conditions. Admission to these medical organizations of persons in custody shall not be permitted.
Hospitalization of persons not in custody, inyemedicinskie

organizations that provide mental health care in a hospital, not dolžnosuŝestvenno hamper production of forensic expertise (as amended by the Federal law of November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). persons not in custody during the production of forensic psychiatric patients ' medical rights enjoyed by organizations providing mental health care in a hospital, established by legislation in the field of health (as amended by the Federal law of November 25, 2013 N 317-FZ-Sobraniezakonodatel′stva Russian Federation, 2013, N 48, art. 6165).
     In the case of a person not contained podstražej, not suffering from severe mental disorder, acts endangering the life and health of the okružaûŝihili after work medical organization providing psychiatric care in a hospital, the head of the specified medical organization notify the internal affairs body, which should take knarušitelû measures aimed at preventing such acts. If such acts are committed by a person in respect of whom the forensic psychiatric examination is carried out on a voluntary basis, it may be discharged from the medical institution providing psihiatričeskuûpomoŝ′ in stationary conditions, as head of the specified medical organization in writing notify the body that nominated ililico specified examination (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, N 48 , art. 6165). Article 33. Usloviâproizvodstva forensic otnošeniilic, detained, vmedicinskih organizations providing psihiatričeskuûpomoŝ′ in stationary conditions (naimenovaniestat′i in red.  Federal law dated November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165) forensic psihiatričeskaâèkspertiza in respect of detained persons are made in forensic psychiatric expert medical organizations designed dlâsoderžaniâ in them. The security and safety of these medical organizations carried out by the bodies charged with ensuring the safety and protection of the places of detention (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
     The detainees admitted to forensic expert medical organizations are subject to the provisions of the code of criminal procedure of the Russian Federation and the Federal Act on detention of persons suspected or accused of committing an offence.  While the rules providing for the application to designated individuals mervzyskaniâ and their liability, shall not apply to persons with obvious signs of severe mental illness (as restated by federal law from February 5, 2007  N 10-FZ-collection of laws of the Russian Federation, 2007, N 7, art. 831;
Federal law dated November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). Porâdokvzaimodejstviâ persons to ensure the safety and protection of the forensic psychiatric expert medical organizations with health professionals specified medical organizacijopredelâetsâ jointly by the federal body of executive power responsible for the elaboration and implementation of State policy and normative-legal regulation in the sphere of public health and the Federal agency charged with ensuring the safety and protection of the places of detention (as restated by federal law from February 5, 2007  N 10-FZ-collection of laws of the Russian Federation, 2007, N 7, art.  831;
Federal law dated November 25, 2013  N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165). Article 34. Obespečenielic admitted to forensic expert medicinskieorganizacii domestic logistics and health provision of persons hospitalized in forensic psychiatric expert medical organization is subject to the rules and regulations established for health care organizations that provide mental health care in a hospital, health zakonodatel′stvomv (as restated by federal law No. 25, noâbrâ2013 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
 
     Article 35. Ograničeniâv application of research methods in proizvodstvesudebnoj examination concerning living persons With proizvodstvesudebnoj expertise in relation to living persons are prohibited from primenât′metody studies involve ssil′nymi pain or could negatively impact nazdorov′e person methods of operative interventions, as well as methods that are prohibited for use in public health practice laws of the Russian Federation.  A person in respect of whom produced forensic evidence, should be informed in an accessible form for him on metodahissledovanij for it, vklûčaâal′ternativnye, possible pain sensations and side effects. The specified informaciâpredostavlâetsâ is also attributed a petition legal representative of the person against whom the order is made by forensics.
     Individuals in organizations whose accounts produced forensic evidence, a medical organization samples required dlâprovedeniâ studies, as indicated in zaklûčeniièksperta.  Sample gets the doctor or other specialist in the presence of two medical workers in this medicinskojorganizacii.  Forced obtaining samples from persons, aimed at the forensic examination on a voluntary basis are not allowed (in red.  Federal law dated November 25, 2013  N 317-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 48, art. 6165). Article 36. The presence of the parties processapri producing sudebnojèkspertizy in respect of living persons in the production of forensic expertise in relation to living persons may attend those parties process that such a right was granted procedural legislation of the Russian Federation.  The presence of other participants in the proceedings is subject to the authorization of a body or person appointing sudebnuûèkspertizu, and persons in respect of kotorogoproizvoditsâ forensics, or his legal representative.
     When provedeniiissledovanij, accompanied by exposing the person against whom it is made by forensic evidence, there may be only a person of the same sex.  This limitation does not apply to doctors and other health professionals involved in conducting those studies.
 
     CHAPTER v. financial, ORGANIZATIONAL, scientific and methodological ACTIVITY IINFORMACIONNOE GOSUDARSTVENNYHSUDEBNO-EXPERT INSTITUTIONS Article 37. Financing of the activities of the forensic Deâtel′nost′gosudarstvennyh forensic institutions, expert federal authorities ispolnitel′nojvlasti units, including expert units of the internal affairs agencies of the Russian Federation, financed from the federal budget.
     Deâtel′nost′gosudarstvennyh forensic institutions, expert units of the executive authorities of the constituent entities of the Russian Federation, financed from the budgets of the constituent entities of the Russian Federation.
     Gosudarstvennyesudebno-expert agencies have the right to conduct expert studies on a contractual basis for citizens and legal persons, the charge for the production of sudebnyhèkspertiz in civil, administrative and arbitration cases, administrative offences. Order the expenditure of such funds is determined by the relevant federal bodies of executive power (as amended by the Federal law of March 8, 2015  N 23-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 10, art. 1393). Article 38. Organizational and scientific and methodological provision of forensic activities Organizacionnoeobespečenie activities of State forensic institutions is carried out by the relevant federal bodies of executive power or bodies of executive authorities of the constituent entities of the Russian Federation.
     Scientific-production metodičeskoeobespečenie forensic examinations, as well as additional professional education State judicial experts lies with the relevant federal bodies of executive power on forensic expert from among the institutions referred to in the first and second parts of article 11 hereof (in red.  Federal law dated July 2, 2013 N 185-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 27, art. 3477). Article 39. information activities of State forensic agency nezavisimoot legal forms and forms of ownership shall be obliged to provide, free of charge, upon request of the heads of State of forensic učreždenijobrazcy or catalogs of their products, technical and technological documentation and other materials needed for the production of forensic evidence.  In this State

forensic expert institutions provide nerazglašeniepolučennyh information constituting State, commercial or other secret protected by the law.
     Gosudarstvennoesudebno-expert institution has the right to apply to the Court by the judge, the body conducting the initial inquiry, the face of the interrogator, investigator about getting on the end of production on business subjects, which were physical evidence for use in an expert, scientific and educational-methodical activity (in red.  Federal law dated July 24, 2007 N 214-FZ collection zakonodatel′stvaRossijskoj Federation, 2007, N 31, art. 4011). Article 40. Ohranagosudarstvennyh forensic Ohranagosudarstvennyh forensic institutions institutions is ensured by their leaders and financed from the federal budget, the budgets of the constituent entities of the Russian Federation, as well as from other sources, provided by legislation of the Russian Federation.
 
     CHAPTER VI final provisions Article 41. extending the scope of this federal law nasudebno-expert activities of non-governmental sudebnymièkspertami in accordance with the rules of procedure of the legislation of the Russian Federation the judicial examination can be made outside the State forensic institutions, persons with expertise in the field of science, technology, arts or crafts, but non-State forensic experts.
     Nasudebno-expert activities of persons referred to in paragraph 1 of this article, subject to articles 2, 3, 4, 6-8, 16 and 17, the second part of article 18, articles 24 and 25nastoâŝego of the Federal Act (as amended by the Federal law of November 25, 2013 N 317-FZ-collection of laws of the Russian Federation, 2013, no. 48, art. 6165).
 
     Article 42. Privedenienormativnyh legal acts in matching with this federal law Poručit′Pravitel′stvu of the Russian Federation to ensure that the normative legal acts of the federal executive authorities in accordance with this federal law.
 
     Article 43. The managed entry of this federal law NastoâŝijFederal′nyj law shall enter into force on the day of its official publication, with the exception of part three of the stat′i29, which enters into force after the privedeniâugolovno procedure of the legislation of the Russian Federation into line with the provisions of the Constitution of the Russian Federation.
 
     Moscow, the Kremlin May 31, 2001 N 73-FZ