The Parliamentary Investigation Of The Federal Assembly Of The Russian Federation

Original Language Title: О парламентском расследовании Федерального Собрания Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On the parliamentary investigation of the Federal Assembly Russian Federation adopted by the State Duma on December 7, 2005 Approved by the Federation Council on 14 December 2005 30.12.2006 N 277-FZ; of 28.12.2010 N 404-FZ; dated 07.05.2013 N 88-FZ Article 1. The subject of regulation of this Federal Law 1. The Federal Law regulates public relations in connection with the implementation by the Chambers of the Federal Assembly of the Russian Federation of activities in the investigation of facts and circumstances that have a negative impact on society and States. 2. The Federal Law establishes the grounds for the parliamentary inquiry of the Federal Assembly of the Russian Federation (hereinafter referred to as the parliamentary inquiry), its organizational forms and the main provisions concerning the procedure. Parliamentary inquiry, as well as the rights and duties of officials and citizens involved in the parliamentary inquiry. 3. For the purposes of this Federal Act, officials shall recognize persons who are State officials of the Russian Federation, State posts of the constituent entities of the Russian Federation or municipal posts, as well as persons, permanently, " Tempory or special powers of the exercise of functions of the representative of the authorities or performing organizational and administrative functions in state bodies, local self-government bodies, state and administrative bodies. of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2: Objectives and Principles of Parliamentary Inquiry 1. The objectives of the parliamentary inquiry are: 1) the protection of the human rights and freedoms guaranteed by the Constitution of the Russian Federation; and OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the State, as well as of the the local authorities to address the causes and consequences of the events that led to the parliamentary inquiry; (3) to identify the causes and conditions of the facts and circumstances that led to To conduct a parliamentary inquiry, to inform the public about them, and to assist in the elimination of such causes and conditions. 2. The parliamentary inquiry is conducted on the basis of the principles of legality, respect and observance of human and civil rights and freedoms, respect for the dignity of the individual, equality of citizens before the law, collegiality, objectivity and transparency. 3. The parliamentary inquiry is not a substitute for the inquiry, preliminary investigation and judicial proceedings. Article 3. The legal basis of the parliamentary inquiry The parliamentary inquiry is conducted on the basis of the [ [ Constitution of the Russian Federation]], federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 4. The subject of parliamentary inquiry 1. The parliamentary inquiry is subject to: 1) facts of gross or massive violation of the rights guaranteed by the Constitution of the Russian Federation; and Human and civil liberties; (2) circumstances related to the emergence of man-made emergencies; (3) circumstances linked to the adverse effects of natural and man-made disasters character; " (4) facts of gross violation of financial discipline expressed by the late execution of the income and (or) expenditures of the federal budget or the budgets of state extrabudgetary funds of the Russian Federation in terms of volume, structure and structure of the federal budget The federal budget and the federal funds of the Russian Federation, the management and administration of federal property are inefficient. The paragraph is supplemented by the Federal Law of 07.05.2013. N 88-FZ) 2. The parliamentary inquiry is not subject to: 1) the activities of the President of the Russian Federation; (2) the activity of the court of justice; (3) the activities of the bodies conducting the initial inquiry and the preliminary investigation bodies; Their implementation in accordance with the law of criminal procedure. 3. The object of a parliamentary inquiry cannot be to establish the guilt of a particular person in the commission of a crime. 4. In the case of a federal court of general jurisdiction, an arbitral tribunal or a justices of the peace to make a case concerning the facts and circumstances under this Federal Act, the parliamentary inquiry shall not be conducted in the case of The facts and circumstances defined by: 1) the content of the indictment or indictment, and the limited amount of the offence itself contained in them; (2) the contents of the statement of of a criminal offence under private prosecution, including the The event of the crime, the place, the time, and the circumstances of its occurrence; 3) the subject of a claim or statement, if the statement or statement identifies the facts and circumstances of the determination and the procedure (b) The content of the protocol (the prosecutor's order) on the administrative offence and the limited amount of the administrative offence in which the dispute was committed The Protocol has been drawn up (this judgement has been issued). 5. The facts and circumstances established by the court's decision (sentence) are recognized by the Parliamentary Commission of Inquiry into the facts and circumstances that led to the conduct of the parliamentary inquiry (hereinafter referred to as the case law). ), without further verification and cannot be called into question. Article 5. Period of parliamentary inquiry 1. The period of parliamentary inquiry may not exceed one year from the date of establishment of the commission. 2. The parliamentary inquiry must be completed before the end of the term of office of the State Duma of the Federal Assembly of the Russian Federation (hereinafter referred to as the State Duma) of the corresponding convocation. Article 6. The grounds for initiating a parliamentary investigation 1. The grounds for initiating a parliamentary inquiry are the events that have become known to the members of the Federation Council of the Federal Assembly of the Russian Federation (hereinafter referred to as members of the Federation Council) or to the deputies of the State Duma of the Federal Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In accordance with the Federal Constitutional Law of 26 February 1997, N 1-FKZ "On the Commissioner for Human Rights in the Russian Federation" The proposal of the Commissioner for Human Rights in the Russian Federation to establish a parliamentary commission of inquiry into the facts of the facts of article 4, paragraph 1 of this Federal Law (hereinafter referred to as the proposal for the creation of a of the Commission). (In the wording of Federal Law of 30.12.2006) N 277-FZ) Article 7. The initiative to initiate a parliamentary investigation 1. In the presence of the facts and circumstances referred to in article 4, paragraphs 1 to 3, of this Federal Act, a group of members of the Federation Council or State Duma deputies of not less than one fifth of the total number of members of the Federation Council, or State Duma deputies shall submit to the President of the Council of the Federation or the Chairman of the State Duma a written request for a parliamentary inquiry, which shall set forth the facts and circumstances of the parliamentary inquiry. and the need for it to be held in in accordance with this Federal Act. 2. In the presence of the facts referred to in article 4, paragraph 4, of this Federal Act, the relevant committee of the Federation Council or the State Duma sends a written petition to the President of the Federation Council or the Chairman of the State Duma The initiation of a parliamentary inquiry, which should set forth the facts to be investigated and the need and the possibility of conducting it in accordance with this Federal Law. (Article in the wording of Federal Law dated 07.05.2013. N 88-FZ) Article 8. The procedure for deciding the excitation of the parliamentary inquiry is 1. The question of supporting the initiation of the parliamentary inquiry referred to in article 7 of this Federal Law or proposals for the establishment of a commission shall be considered at a meeting of the respective chamber of the Federal Assembly of the Russian Federation. The Federation, and support for the proposal to set up a commission, at a meeting of the State Duma no later than 15 days from the date of receipt of the written request. 2. The Chamber of the Federal Assembly of the Russian Federation, which issued an order to support the initiative to initiate a parliamentary inquiry (to support the proposal to set up a commission) and the composition of the relevant part of the commission, immediately of the Federal Assembly of the Russian Federation, which, within 15 days of the adoption of the said decision, is considering whether to initiate a parliamentary investigation and the composition of the relevant legislation. part of the commission. 3. If the actions referred to in paragraphs 1 and 2 of this article may not take place within a specified period of time because the initiative of initiating a parliamentary inquiry, the decision of the State Duma to support the initiative of the institution of the institution of The Parliamentary Inquiry (to support the proposal to set up a commission) and the composition of the relevant part of the Commission has been submitted to the Federation Council of the Federal Assembly of the Russian Federation (hereinafter referred to as the Federation Council) between sessions of the Federation Council, as well as the initiative to initiate a parliamentary inquiry, The proposal to set up a commission, a resolution of the Federation Council on supporting the initiative to initiate a parliamentary inquiry and the composition of the relevant part of the commission has been submitted to the State Duma in the period between the sessions of the State Duma or the State Duma. State Duma deputies and voters are to be committed within seven days of the beginning of the regular session or after the day of completion of the work of deputies of the State Duma with the voters. 4. Decisions to support the initiative to initiate a parliamentary inquiry (to support the proposal for the establishment of a commission) and the composition of the commission, to initiate a parliamentary inquiry and the composition of the commission shall be issued by decisions of the Chambers of the Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The date of establishment of the commission is considered as the day of the entry into force of the decision of the House of Federal Assembly of the Russian Federation on the institution of a parliamentary inquiry. 6. Parliamentary inquiry is not conducted if one of the Federal Assembly chambers of the Russian Federation has not decided to initiate a parliamentary inquiry, the initiative of which was supported by the other House of the Federal Assembly The Russian Federation, and also if the Federation Council did not decide to initiate a parliamentary inquiry into the proposal to set up a commission, supported by the State Duma. Article 9. Formation of the parliamentary commission 1. With the support of the initiative to launch a parliamentary investigation (support of the proposal for the establishment of a commission) and the decision to initiate a parliamentary investigation of the House of the Federal Assembly of the Russian Federation on a parity basis, A commission consisting of members of the Federation Council and members of the State Duma, and elect its Co-chairs. 2. The commission from the State Duma should include an equal number of representatives of all deputy associations in the State Duma. The refusal of a deputy association to send representatives to the commission is not an obstacle to its establishment. 3. In case of refusal of the deputy association in the State Duma from the sending of their representatives to the commission, the vacant seats of the members of the commission may be replaced by the agreement between the deputy associations, who sent their representatives. to the commission, representatives of these deputy associations. 4. The commission is formed during the parliamentary inquiry and is dissolved after its completion. 5. The initiative to initiate a parliamentary inquiry cannot be put forward and the commission cannot be established within the last six months of the powers of the President of the Russian Federation or the State Duma, as well as during the election campaign period. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 10. Requirements for commission members A member of the commission cannot be a member of the Federation Council, State Duma deputy: 1) is a member of the commission of inquiry; 2) is excluded (...) (...) (...) 4) married or related to a person The event that the commission is investigating. Article 11. Removal of the authority of a member of the commission and substitution of vacant seats 1. The powers of a member of the commission shall be terminated in the event of termination, in accordance with the legislation of the Russian Federation, of the powers of a member of the Federation Council or a member of the State Duma. 2. A member of the commission may withdraw from the commission of its own accord. 3. The powers of a member of the commission may also be terminated early by a decision of the respective chamber of the Federal Assembly of the Russian Federation, including in the event of a failure of a member of the commission to comply with the requirements established by article 10 of this Federal Act. of the law. 4. The decision to terminate the powers of a member of the commission on the grounds provided for in parts 1 to 3 of this article shall be decided by a decision of the respective chamber of the Federal Assembly of the Russian Federation. 5. In the cases referred to in paragraphs 1 to 3 of this article, the vacant seat shall be replaced by another representative of the respective chamber of the Federal Assembly of the Russian Federation in the manner prescribed by this Federal Law and the rules of procedure of the Chamber. Article 12. Co-Chairs of the Commission 1. Co-Chairs of the Commission: 1) organize the work of the commission, and in agreement between them convene and rotate its meetings; 2) speak at the meetings of the Federal Assembly of the Russian Federation with reports of of the commission; (3) distributing responsibilities among the members of the commission; 4) provide protection for the information used in the conduct of the parliamentary inquiry by the legislation of the Russian Federation restricted information categories; 5) sign The minutes of their meetings of the commission; 6) address other issues in accordance with this Federal Law and the Rules of the Parliamentary Commission of Inquiry into the facts and circumstances that led to the Parliamentary inquiry. 2. The Co-Chairmen of the Commission have equal rights. Article 13. Commission Secretary 1. The Secretary of the Commission shall be elected at the first meeting of the commission from among its members. 2. The Secretary of the Commission: 1) is responsible for the commission's organizational support; 2) directs the work of the Commission's Office; 3) ensures the transcription of the commission's meetings and the minutes of interviews At the meeting of the commission to give explanations; 4) organizes the administration of the commission. Article 14. The Commission's Office of the Russian Federation consists of regular employees of the Chambers of the Federal Assembly of the Russian Federation. Article 15. The Parliamentary Commission of Inquiry's Rules of Inquiry facts and circumstances that served as the basis for the parliamentary inquiry 1. The main provisions concerning the procedure of parliamentary inquiry are established by this Federal Law. The Commission is entitled in the adopted regulation of the parliamentary commission of inquiry into the facts and circumstances that served as the basis for the parliamentary inquiry (hereinafter-the Commission's Rules), to establish rules for the conduct of parliamentary elections. Investigations that should not be in conflict with this Federal Act and other federal laws. 2. The rules of the commission determine: (1) the order of the commission's meetings; (2) the procedure for the maintenance of the commission's records and documentation; 3) the procedure for the preparation of the commission's final report; The procedure for the formation and operation of the working groups; 5) how the members of the commission will carry out their duties; 6) other issues related to the organization of the work of the commission. Article 16. The order of work of the commission 1. The meetings of the commission shall be considered to be valid if two thirds of the members of the commission are present. 2. The meetings of the commission are generally open. The procedure for the admission of citizens and the media to public meetings is determined by the commission on its own. 3. In the event that a public meeting may lead to the disclosure of a State or other protected secret, the commission shall decide to hold a private meeting. Closed meetings may also be held in cases where more than half of the members of the commission attending the meeting have voted in favour of the decision. 4. The Commissioner for Human Rights in the Russian Federation has the right, directly or through his representative, to participate in the work of the commission. 5. The commission's first meeting will be held no later than 15 days from the date of the commission's creation. Article 17. Working groups To examine individual facts and circumstances, and if necessary, working groups can be established at the site of the event to be investigated by the commission, usually on a parity basis The members of the commission are members of the Federation Council and deputies of the State Duma. Article 18. The commission's work plan 1. The Commission develops and adopts a work plan identifying: 1) the main directions of the parliamentary inquiry; 2) issues to be addressed in the parliamentary inquiry; 3) Completion date of the main stages of the parliamentary inquiry (information gathering, assessment and systematization of information, preparation of the commission's final report); 4) circle of persons invited to meetings of the commission to give explanations on the investigation the facts and circumstances; 5) list of instructions the members of the commission and the time frame for their implementation. 2. Other matters relating to its work may also be included in the work plan of the Commission. Article 19. { \b } { \b } { \b } Decisions of the commission shall be taken at its meetings by an open vote. 2. A decision of the commission shall be deemed accepted if more than half of the members of the commission attending the meeting voted for it. 3. A decision on the final report of the commission shall be deemed accepted if two thirds of the members of the commission voted for it. Article 20. Commission Rights 1. The Commission, in carrying out its activities, has the right: 1) to request and receive, in accordance with the established procedure, from the Government of the Russian Federation, other federal state bodies, public authorities of entities Russian Federation, local authorities, institutions and organizations copies of documents relating to the subject of parliamentary inquiry, as well as information necessary for parliamentary inquiry; 2) to invite to explain the facts and circumstances under investigation by the Commission officials; 3) invite to explain the facts and circumstances of citizens with special knowledge or information that may contribute to a parliamentary inquiry; 4) to interview invitees, except as provided for in part 4 of this article, and to record their explanations in the relevant protocol. 2. The Commission has the right to invite officials and citizens to provide explanations and answers to questions posed by the commission in writing, and to send information to the commission which they consider may contribute to the parliamentary investigation. 3. Explanations, replies and information received under part 2 of this article shall be considered at meetings of the commission. 4. A person who is a suspect or an accused in a criminal case may not be questioned by a commission or a working group concerning the formulation of an offence as set out in the order for the opening of a criminal case, a decision to attract as an accused or an indictment. Article 21. Working Group Rights 1. The Working Groups, in accordance with the commission's instructions, have the right: 1) to travel to the place of inquiry by the commission, in accordance with the procedure established by the commission's rules, to gather information concerning the subject of the parliamentary inquiry; (2) to request and receive, in accordance with the established procedure, from federal State bodies which are not organs of state power, bodies of state power of the constituent entities of the Russian Federation, bodies of local self-government, documents relating to the subject matter of the Parliamentary inquiry, as well as the information necessary for the conduct of the parliamentary inquiry; 3) to interview officials and citizens for the facts investigated by the commission of inquiry circumstances and to record their explanations in the report. At least three members of the working group should be present when interviewing officials and citizens. 2. The powers of the members of the working groups in the commission of the commission are carried out within the limits of the powers established by the Federal Law "On the Status of Women". Member of the Council of the Federation and the status of deputy of the State Duma of the Federal Assembly of the Russian Federation " (in the wording of the Federal Act of 5 July 1999 N 133-FZ) and by this Federal Law. 3. As a result of the work of the working group, a report is prepared and is being considered at the meetings of the commission. Copies of documents, records of interviews of officials and citizens, as well as other material received by the working groups are annexed to the report. Article 22. The duties and rights of the members of the commission 1. Members of the commission are obliged: 1), in accordance with the rules of the commission, to personally participate in the meetings of the commission and the activities of the working groups formed by the commission; 2) to execute the commission's instructions; 3) Restrictions imposed by the commission on the disclosure of information about the progress of the parliamentary inquiry. 2. The members of the commission shall have the right: 1) to participate in the discussion of the issues before the commission, to make proposals and to speak on any question under consideration by the commission; 2) in accordance with the procedure established by the Commission's rules of procedure; Questions to persons invited to its meetings. Article 23. Duties of the officials and citizens involved to participate in the parliamentary inquiry 1. Officials are obliged, at the request of the commission or working group, to provide the necessary (necessary) information (documents, materials) to the parliamentary inquiry within 15 days. The provision of information to the commission or working group on the private life of citizens is permitted only with their consent. 2. The officials and citizens involved in the parliamentary inquiry are obliged: 1) to come to the meeting of the commission; 2) to provide all the necessary explanations and truthfull answers to the questions posed by the commission, or working group. 3. Refusal to provide the commission or working group with the necessary (necessary) parliamentary inquiry into the information (documents, materials), for evading such provision, or for providing a commission or working group manifestly incomplete or deliberately false information, as well as for refusal to give explanations, for giving false answers to questions raised by the commission or working group, or for failing to appear at a meeting of the commission or working group without valid reasons Officials are subject to administrative or criminal liability in the case of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The Commission shall be entitled to submit a request for exemption from the position of the official to the authority or official responsible for taking the appropriate decision, with the exception of the persons who substitute the State office of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION in the case of evasion of such provision, or in the case of Providing the commission or working group with incomplete or knowingly false information and, in the event of refusal to give an explanation, in the case of false answers to questions posed by a commission or working group or in the event of a failure to appear A meeting of the commission or working group without valid reasons. Article 24. The rights of officials and citizens involved in the parliamentary inquiry 1. The official or citizen involved in the parliamentary investigation is entitled: 1) not to testify against themselves and close relatives (spouse, spouses, parents, children, adoptive parents, adoptive parents, siblings) and siblings, grandparents, grandmothers, grandmothers); 2) use the services of a lawyer; 3) maintain the necessary records; 4) consult the survey log; 5) apply for changes to the protocol survey; 6) apply for participation in the The parliamentary investigation of other persons. 2. A person who, in his opinion, may facilitate a parliamentary inquiry may request a commission to invite him to a meeting of the commission to give an explanation or to send the information to the commission. Article 25. Final Report of the Commission 1. According to the results of the parliamentary inquiry, the final report of the commission is being prepared, which is sent to the House of the Federal Assembly of the Russian Federation. 2. The final report should contain the findings of the commission on the facts and circumstances under investigation. 3. The final report may contain proposals for the adoption of legal acts aimed at eliminating the causes and consequences of the events that led to the conduct of the parliamentary inquiry. 4. The final report may contain proposals for the dismissal of officials whose actions (inaction) resulted in the creation of facts and circumstances that led to the conduct of a parliamentary Investigations, or actions (inaction) of which to address the causes and consequences of the events that led to the conduct of the parliamentary inquiry, were (worn) unsatisfactory, proposals for improvement organs of the State OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The Federal Assembly of the Russian Federation considers and approves the final report within one month. The Human Rights Commissioner in the Russian Federation is entitled to participate in the meetings of the Federal Assembly of the Russian Federation when they consider the adoption of the final report. 6. The Chambers of the Federal Assembly of the Russian Federation may, when considering the final report, invite the commission to clarify its individual provisions. 7. The final report is considered approved if it voted more than half of the total number of members of the Federation Council, deputies of the State Duma. 8. In the event that the final report does not approve at least one of the chambers of the Federal Assembly of the Russian Federation, the activities of the commission shall be terminated. 9. The final report, approved by the Chambers of the Federal Assembly of the Russian Federation, is sent by the Chamber, the latter having taken a decision on its approval, to the President of the Russian Federation, to the Government of the Russian Federation, and is published in the It is also placed in the international computer network Internet. 10. In addition to the cases specified in part 9 of this article, the final report may be submitted to the other federal bodies of State power, the State authorities of the constituent entities of the Russian Federation, the Procurator-General of the Russian Federation The President of the Russian Investigative Committee, the President of the Russian Federation, the President of the Russian Investigative Committee, the President of the Russian Investigative Committee made a statement. (In the wording of Federal Law No. N 404-FZ) 11. After the final report was sent to the President of the Russian Federation and to the Government of the Russian Federation, the parliamentary inquiry is considered completed and the commission is dissolved. 12. The final report is subject to mandatory consideration at a meeting of the Government of the Russian Federation and the entities referred to in part 10 of this article within one month from the date of receipt. The decision adopted on the final report of the House of Federal Assembly of the Russian Federation is immediately notified. Article 26. Financial and Logistics Commission Activity 1. The financial and logistical support for the activities of the commission shall be provided from the federal budget allocated to the activities of the chambers of the Federal Assembly of the Russian Federation. 2. Citizens invited to a meeting of the commission to give an explanation of the facts and circumstances investigated by the commission, in accordance with the procedure established by the Government of the Russian Federation, shall be reimbursed under the federal budget: 1) Travel and accommodation expenses on arrival at the board meeting; 2) postage costs; 3) compensation for actual loss of time in connection with the involvement of the parliamentary investigation. Article 27. Entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. A parliamentary inquiry under this Federal Act is conducted on the facts and circumstances that arose after its entry into force. President of the Russian Federation Vladimir Putin Moscow, Kremlin 27 December 2005 N 196-FZ