On Amendments And Additions To Some Legislative Acts Of The Russian Federation In Connection With The Ratification Of The Convention For The Protection Of Human Rights And Fundamental Freedoms

Original Language Title: О внесении изменений и дополнений в некоторые законодательные акты Российской Федерации в связи с ратификацией Конвенции о защите прав человека и основных свобод

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RUSSIAN FEDERATION FEDERAL LAW On introducing amendments and additions to some Russian legislative acts due to the ratification of the Protection Convention Human Rights and Fundamental Freedoms Adopted by the State Duma on February 21, 2001 href=" ?docbody= &prevDoc= 102070173&backlink=1 & &nd=102074278 "target="contents" title= " "> dated 30.12.2001 N196-FZ) Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954) add-ons: 1. Part two of article 102 is supplemented with new proposals by the second and third sentences reading: " The attestation of such a person shall be carried out at the initiative of the attending physician if, in the course of treatment, he has concluded that there is a need for a change of force Medical measures are either terminated or at the request of the person concerned, his legal representative and (or) close relative. The application shall be made through the administration of the compulsory treatment institution, regardless of the time of the last inspection. ". 2. Article 139 add the following note: " Note. Under this article, as well as in other articles of this Code, an individual dwelling house with its residential and non-residential premises, a dwelling, regardless of the form of ownership in the housing stock, is understood to be appropriate for the purposes of this article. permanent or temporary residence as well as other premises or building not included in the housing stock but intended for temporary residence. ". Article 2. Commit to RSFSR Code of Criminal Procedure (Statements by Supreme Council of the RSFSR, 1960, N 40, sect. 592; 1966, N 36, sect. 1018; 1970, N 22, sect. 442; 1972, N 26, sect. 663; 1983, N 32, sect. Representatives of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2964; N 52, sect. 5881) the following changes and additions: 1. Part one of article 47, as follows: " Counsel is allowed to participate in the case from the moment the charge is brought and if the person suspected of having committed the crime has been detained or subjected to a preventive measure in the case The type of detention prior to the indictment, or the appointment of a forensic psychiatric expert against the person, from the moment of his or her actual detention or the announcement of a decision on the appointment of a forensic psychiatric examination. In the event that a person suspected of having committed a crime has been subjected to other procedural coercive measures or his rights and freedoms are affected by actions related to his or her criminal prosecution, the defence counsel is allowed to participate in the case from the beginning the implementation of these measures or actions. ". 2. Part 1 of Article 52: to supplement the new paragraph 1 with the following content: "1) a person on the basis of and in accordance with the procedure established by this Code, criminal proceedings have been instituted;"; paragraphs 1 and 2 To be considered as paragraphs 2 and 3, respectively. 3. Article 86 to supplement paragraph 6 with the following: " 6) The phonograph and paper recording of telephone and other negotiations shall remain in the case for the entire period of its storage, with a phonogram or part thereof having no relation to After the entry into force of the sentence is destroyed or transferred to the authority responsible for the control and recording of the negotiations, the preliminary destruction of the record on the magnetic media, as set out in the relevant protocol, is attached to the case. ". 4. Supplement article 174-1 as follows: " Article 174-1. Control and recording of negotiations Criminal cases of serious and particularly serious crimes by a court decision are allowed to control and record the telephone and other negotiations of the suspect, the accused and other persons who may have Information on the crime or other information relevant to the criminal case. If there is a real threat of use against the victim, witness, civil plaintiff or their close relatives, and in exceptional cases of other persons who are subjected to violence that is dangerous to life and health, and The commission of other criminal acts for the purpose of modifying those persons ' statements, written statements made by the persons concerned, or in the absence of such statements, in accordance with the investigator's request and the court decision may be made Control and recording of telephone and other conversations of these persons. If necessary to exercise control and recording of telephone and other negotiations, the investigator shall issue a reasoned order to bring before the court an application that outlines the nature of the criminal case, the grounds for implementation The name, surname and patronymic of the person in respect of whom the negotiations will be monitored and recorded, the period of implementation of such control and recording, the name of the authority entrusted with the technical implementation Control and recording of telephone and other negotiations. A duly motivated investigator's order is sent to the court at the place where the preliminary investigation is conducted or the investigation is conducted and the prosecutor is notified. The judge's ruling shall be examined by a judge within six hours of the receipt of the order in court. In order to verify the sufficiency of the grounds for monitoring and recording of telephone and other negotiations, the judge is entitled to obtain the necessary explanations and materials from the investigator. As a result of the review, the judge shall rule on the exercise of control and recording of telephone and other negotiations or refusal to implement them, specifying in the latter case the reasons for the decision. The judge's decision to control and record the telephone and other negotiations shall be forwarded by the investigator to the appropriate authority for execution. The control and recording of telephone and other negotiations can be established for a period of not more than six months. Such control and recording shall be terminated by order of the investigator if the need for them is necessary, but not later than the end of the investigation in the criminal case. The Investigator for the duration of the control and recording of telephone and other negotiations at any time is entitled to exterminate the control and recording of the negotiations, the phonogram for inspection and listening. It shall be transmitted to the investigator in a sealed format with a cover letter indicating the start and completion times of the telephone and other negotiations and the brief technical characteristics of the funds used. About the results of the examination and tapping of the phonogram by the investigator with the participation of the witnesses and, if necessary, the specialist, as well as persons whose telephone and other negotiations are recorded, shall be drawn up a protocol in which to be as far as possible the part of the phonogram, which according to the investigator, is relevant to the criminal case. The persons involved in the inspection and listening of the phonograms are entitled, in the same protocol, to submit their comments separately to the report. Fogramma is fully involved in a criminal case on the basis of the investigator's order as evidence and is kept in a sealed condition in conditions that exclude the possibility of tapping and printing the phonogram by unauthorized persons and ensuring their safety and technical suitability for re-auditions, including in court. ". 5. Article 185 should be supplemented by a fourth reading: " In the case provided for in article 184, paragraph 4, of this Code, the rights of the suspect or accused referred to in the first part of this article shall be provided its protector. " 6. Article 193 should read as follows: " In the case provided for in article 184, paragraph 4, of this Code, the rights of the suspect or accused referred to in the first part of this article, with the exception of the right to give his explanations, to his counsel. " 7. Article 291 should be amended to read: " The examination and listening to the phonograms with the recordings of the negotiations shall be carried out by the court in accordance with the rules set out in the first part of this article and, if necessary, with the participation of Specialist. ". 8. In article 295: Part one after the words "consists of the speeches of the prosecutors, as well as" to supplement the word "victim"; part two, amend to read: In the case of crimes under articles 115, 116, part one of article 129 and article 130 of the Criminal Code of the Russian Federation, the order of precedence in court proceedings shall be determined by the court. ". 9. Part two of article 405, as follows: "Counsel is allowed to participate in the case from the moment of appointment to the said persons of forensic psychiatric examination." Article 3. Article 91 of the Criminal Code of the Russian Federation (Parliament of the Russian Federation, 1997, N Two, one. 198), as follows: " 2. The correspondence received and sent by convicted prisoners is subject to censorship by the prison administration. The correspondence of the convicted person with the court, the prosecutor's office, the higher authority of the penal correction system and the Commissioner for Human Rights in the Russian Federation is not subject to censorship. The correspondence of the convicted person with a lawyer or other person providing legal assistance on lawful grounds is not subject to censorship, unless the administration of the correctional institution has reliable data that the In the correspondence, the information is intended to initiate, plan or organize the crime or involve others. In these cases, the control of postage, telegraphic and other communications shall be carried out on the basis of a reasoned decision of the head of the correctional institution or his deputy. ". Article 4. (Overdue since July 1, 2002-Federal Law of 30.12.2001) N 196-FZ) Article 5. To make the Federal Law of 12 August 1995 N 144-FZ "On operational-search activities" (Assembly of Russian Federation legislation, 1995, N 33, stop. 3349; 1999, N 2, Pack. 233) the following changes and additions: 1. Part 7 of article 5 is supplemented with a second sentence reading: " Voograms and other materials resulting from the eavesdropping of telephone and other negotiations of persons for whom criminal proceedings have not been initiated shall be destroyed for a period of six months from the date of the stop of the audition, which is the appropriate protocol. ". 2. In article 8: to supplement the new parts of the fourth and fifth content: "Phone and other negotiations shall be subject only to persons suspected or accused of having committed serious or particularly serious crimes". offences, as well as persons who may have knowledge of the offences. The phonograms obtained through wiretapping and other negotiations are sealed in conditions that exclude the possibility of their eavesdropping and duplication by unauthorized persons. If a criminal case is opened against a person whose telephone and other conversations are being monitored pursuant to this Federal Law, the phonogram and the paper recording medium shall be transferred to the investigator for To be admitted to the criminal case as evidence. The further procedure for their use is determined by the criminal procedure legislation of the Russian Federation. "; Article 6. This law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 March 2001 N 26-FZ