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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Ratification Of The Council Of Europe Convention On The Prevention Of Terrorism" And The Federal Law "on Counteracting Terrorism"

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О ратификации Конвенции Совета Европы о предупреждении терроризма" и Федерального закона "О противодействии терроризму"

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RUSSIAN FEDERATION FEDERAL LAW On amending certain legislative acts of the Russian Federation in connection with the adoption of the Federal law " About ratification of the Council of Europe Convention about an alert and Federal Law O against terrorism " Adopted by the State Duma on 5 July 2006 Approved by the Federation Council on 14 July 2006 (In the wording of federal laws dated 05.06.2007 N 87-FZ; dated 29.12.2010 N 433-FZ; dated 07.02.2011 N 3-FZ Article 1 (Spconsumed by Federal Law of 07.02.2011 N 3-FZ) Article 2 Article 4 of the Russian Federation Law of 27 December 1991 N 2124-I " On funds OF THE PRESIDENT OF THE RUSSIAN FEDERATION 300; Legislative Assembly of the Russian Federation, 1995, No. 30, Art. 2870; 2000, No. 26, art. 2737; 2002, N 30, sect. (3029) The following changes: 1) in the first word of "carrying out extremist activities, as well as for the dissemination of the transfer" should be replaced by the words "dissemination of public calls for terrorist activities". activities or publicly justifying terrorism, other extremist materials, and materials "; 2) to supplement the fourth and fifth sections as follows: " Procedures for gathering information by journalists in the Territory (the object) of a counter-terrorism operation is defined the head of the counterterrorism operation. When covering a counter-terrorist operation, it is prohibited to disseminate in the media information on special means, technical techniques and tactics of such an operation if their circulation may be hindered Conducting a counter-terrorist operation or endangering the lives and health of the people. Information on the personnel of special units, persons assisting in the conduct of such an operation, the identification, prevention, suppression and disclosure of a terrorist act, and members of the families of such persons may be made public in According to the Russian Federation's legislative acts on state secrets and personal data. ". Article 3 Article 3 Amend the federal law dated April 3, 1995 N 40-FZ " About federal service Russian Federation Council of the Russian Federation. 1269; 2000, N 1, article 9; N 46, st. 4537; 2002, N 30, est. 3033; 2003, N 2, sect. 156; 27, sect. 2700; 2006, N 17, sect. 1779) The following changes: 1) Part 1 of Article 8 should be reworded as follows: " The main activities of the Federal Security Service are: activity; combating terrorism; crime control; intelligence; border activity; information security. "; 2) Article 9 Amend the text as follows: " Article 9. Counter-intelligence activities Counter-intelligence activities-activities carried out by the Federal Security Service and (or) their units (hereinafter referred to as counterintelligence agencies), as well as by officials by persons of the said organs and bodies by means of counter-intelligence activities in order to detect, prevent, suppress the intelligence and other activities of special services and organizations of foreign States, as well as separate of the Russian Federation THE RUSSIAN FEDERATION Grounds for counterintelligence counterintelligence are: (a) availability of data on the characteristics of intelligence and other activities of special services and organizations of foreign States, as well as the need to obtain information about events or actions that pose a threat to the security of the Russian Federation; (c) the need to provide security for the Russian Federation; the protection of information constituting a State secret; d) the need to examine (verify) individuals who have provided assistance to the Federal Security Service on a confidential basis; (d) the need to provide security; (e) requests OF THE PRESIDENT OF THE RUSSIAN FEDERATION The list of grounds for counterintelligence is exhaustive and can be amended or supplemented only by a federal law. In the process of counterintelligence, both vowels and vowels are carried out, the special nature of which is determined by the terms of this activity. The conduct of counter-intelligence activities is established by the normative legal acts of the Federal Executive in the field of security. The holding of counter-intelligence measures restricting the right of citizens to the privacy of correspondence, telephone conversations, postal, telegraphic and other communications transmitted via telecommunications networks is permitted only on the basis of OF THE PRESIDENT OF THE RUSSIAN FEDERATION The conduct of counterintelligence measures restricting the right of citizens to inviolability of the home is permitted only in cases established by federal law or by a judge's order. If it is necessary to carry out counter-intelligence measures limiting the constitutional rights of citizens referred to in this article, the head of the counterintelligence agency or his or her deputy shall institute legal proceedings in front of the court. The motion. The order for the application shall state the reasons and grounds on which the action has arisen and the evidence supporting the application (with the exception of the facts, of the present Federal Act). The list of categories of heads of counterintelligence organs and their deputies authorized to initiate counter-intelligence activities restricting the said constitutional rights of citizens shall be established by regulatory legal provisions. Acts of the Federal Executive in the field of security. The Review of the application for counter-intelligence measures limiting the constitutional rights of citizens referred to in this article must be conducted by the judge alone and immediately at the place of such conduct. Activities or place of the body requesting them to be held. Having considered the application, the judge issues one of the following orders: (a) on the admissibility of counter-intelligence activities restricting the constitutional rights of citizens; b) Counterintelligence measures restricting the constitutional rights of citizens. The order of the judge shall be calculated in days from the date of its issuance and may not exceed 180 days unless the judge decides otherwise. During this period, the period of time is not interrupted. If the order is to be extended, the judge shall rule on the basis of the newly submitted material. Refusal of a judge to conduct counter-intelligence measures limiting the constitutional rights of citizens referred to in this article, the counterintelligence agency applying for their conduct has the right to appeal to a higher court. In urgent cases where delay may lead to the commission of a serious or particularly serious crime or when there is data on the threat to the State, military, economic or environmental security of the Russian Federation, The grounds for a reasoned decision of the head of the counterintelligence organ or of his deputy in the conduct of counter-espionage activities are permitted to limit the constitutional rights of citizens without prior judicial authorization specified in this article. Regulations with mandatory notification of a judge within 24 hours from the moment of restriction of the constitutional rights of citizens. The counterintelligence agency must, within 48 hours of restriction of the constitutional rights of citizens, obtain a judge's order on such restriction or lift the restriction. The judge's ruling on the admissibility of counter-intelligence measures limiting the constitutional rights of citizens referred to in this article and the material that served as the basis for its adoption Counter-intelligence. The request by the head of the counterintelligence or his deputy to conduct counter-intelligence measures limiting the constitutional rights of citizens referred to in this article, the ruling of the judge and the materials that served as a basis for the The procuratorial authorities report to the procuratorial authorities, in the event of a supervisory review of the materials submitted to the Office of the Public Prosecutor, information and communications from citizens indicating a violation by the counterintelligence organs of the law of the Russian Federation. The results of counterintelligence activities can be used in criminal proceedings in accordance with the procedure established by the criminal procedure law for the use of investigative measures. "; 3) add the following article 9-1: " Article 9-1. Counter-terrorism Countering terrorism-activities carried out by the Federal Security Service and (or) their units (hereinafter referred to as the Anti-Terrorism Units), as well as by the officials of the said The authorities and units for the detection, prevention, suppression, disclosure and investigation of terrorist acts by means of operational and other activities. Grounds for counter-terrorism counter-terrorist activities are: (a) the need to suppress a terrorist act; b) the need to identify the persons involved in the attack. The preparation and commission of a terrorist act; (c) the need to get information about events or actions that pose a threat to terrorism. In the fight against terrorism, there are both vowels and vowels, operative-combat and other activities, the special nature of which is determined by the conditions of the fight against terrorism. The procedure for carrying out these activities is established by the normative legal acts of the federal executive authority in the field of security. Anti-terrorism bodies carry out their activities in accordance with the legislation on operational investigative activities, criminal and criminal procedure legislation, this Federal Law and others. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Anti-terrorism measures restricting citizens ' right to inviolability of the home, correspondence, telephone conversations, postal, telegraphic and other communications of citizens are permitted only on the basis of Orders received by a judge in order to obtain a judicial decision on the admissibility of counterintelligence activities restricting the constitutional rights of citizens to the confidentiality of correspondence, telephone conversations and postal services, telegraphic and other communications transmitted by electrical and postal networks Communications, inviolability of the home, and on the basis of a reasoned request from the head of the counter-terrorism body or his deputy. List of categories of heads of counter-terrorism bodies and their deputies who are authorized to initiate proceedings against terrorism, which limit the constitutional rights of citizens referred to in this article, is established by the normative legal acts of the Federal Executive in the field of security. The judge's ruling on the admissibility of counter-terrorism measures restricting the constitutional rights of citizens referred to in this article and the material that served as the basis for its adoption is kept by the authorities in the struggle against terrorism. With terrorism. In urgent cases where delay may lead to the commission of a terrorist act and endanger the life and health of citizens, or where data are available to suggest that a dwelling is being committed or committed Terrorist act, or when a person suspected of involvement in the commission of a terrorist act is being prosecuted, members of the counter-terrorism body have the right to enter the accommodation without hindquarter, as well as suspend or restrict the provision of communication services to legal and natural persons Communications and communications networks. Anti-terrorism body within 24 hours of restriction of the right of citizens to inviolability of the home or from the moment of suspension of communication services to legal and natural persons or restrictions on the use of communication networks and means of communication obliged to notify the prosecutor. The results of measures to combat terrorism can be used in criminal proceedings in accordance with the procedure established by the criminal procedure law to use the results of operational investigative activities. Presentation of materials to the procuratorial authorities for the exercise of procuratorial supervision of the enforcement of anti-terrorism legislation in counter-terrorism activities is carried out in accordance with article 9 of this Federal Law. The special purpose units of the Federal Security Service, by decision of the President of the Russian Federation, may be used against terrorists and (or) their bases located outside the territory of the Russian Federation. to eliminate the threat to the security of the Russian Federation. "; 4) in article 10: (a) in the name of the word" and terrorist activity ", delete; (b) in the first word" shall "be replaced by the word" shall ". " terrorist activities, organized crime, "Corruption, illegal trafficking in arms and drugs, smuggling and other" substitute words " of organized crime, corruption, illegal trafficking in arms and drugs, smuggling, posing a threat to Russian security Russian Federation, and "; , in part three of the Russian Federation Act" On operational-investigative activities in the Russian Federation ", replace by the words" legislation on operational investigative activities "; 5) paragraph" d " of the article 12, amend to read: "D) to identify, Prevent, suppress, disclose and investigate the preparation, perpetration and perpetration of terrorist acts, as well as information on events or actions that pose a threat to terrorism; "; 6) in article 13, paragraph 1: (a) In addition to the words "as well as in the fight against terrorism"; (b) in the "B" paragraph, the word "carry out" should be replaced by "carry out", the words " terrorist activities, organized crime, trafficking in arms and narcotic drugs, smuggling and In other words, replace the words "organized crime, corruption, illegal trafficking in arms and narcotics, smuggling, which pose a threat to the security of the Russian Federation, and"; in) to supplement the paragraph "B-2" with the following: (b) Use of special purpose units of the Federal Security Service and use of military equipment, weapons, special means adopted by the Federal Security Service, as well as physical force against persons outside the territory of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The authorities of the Federal Security Service, as well as in the case of the prosecution of persons suspected of committing these crimes, "shall be replaced by the words" socially dangerous act, identification, prevention, suppression, disclosure and investigation " OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Federal Security Service, as well as in the case of the prosecution of persons suspected of committing such an act "; 7), article 14 should read as follows:" Article 14. The use of weapons, special means and the use of physical force Employees of the Federal Security Service are authorized to store and carry service weapons and special means. They have the right to use military equipment, weapons, special means, physical force, including combat techniques to combat, in accordance with the regulations of the Russian Federation. "; 8) in article 16: (a) Replace the second word "perform" with the word "execute"; b) in Part Three, replace the word "executable" with "executable" and add the following sentence: " In the exercise of official duties, military personnel The Federal Security Service reports directly and directly to the Chief. Members of the Federal Security Service shall be guided by federal law when receiving orders or orders contrary to federal law in the course of official duties. ". Article 4 Amend the Criminal Code of the Russian Federation (Collection of Laws of the Russian Federation, 1996, N 25, art. 2954; 1998, N 22, sect. 2332; N 26, est. 3012; 1999, N 7, sect. 873; 2001, N 13, sect. 1140; N 26, est. 2587; 2002, N 11, est. 1021; N 19, est. 1793; N 30, est. 3020; 2003, N 50, sect. 4848; 2004, N 30, sect. 3091, 3092), the following changes: 1) in article 12: a) Part 1 should read: " 1. Citizens of the Russian Federation who permanently reside in the Russian Federation without citizenship, who have committed offences outside the Russian Federation against the interests protected by this Code, shall be subject to criminal liability in in accordance with this Code, if, in the case of such persons, there is no decision of a foreign court. "; b) in the third word" against the interests of the Russian Federation, and in cases of ", replace" against the interests of the Russian Federation ". OF THE PRESIDENT OF THE RUSSIAN FEDERATION of stateless persons living in the Russian Federation, and in cases ", if they were not replaced by the words" if foreign nationals and stateless persons who are not permanently resident in the Russian Federation were not permanently resident in the Russian Federation "; (2) in part In article 20, second paragraph, the word "terrorism" should be replaced by the words "terrorist act"; 3), article 37, paragraph 3, should read as follows: " 3. The provisions of this article shall apply equally to all persons, irrespective of their professional or other special training and position, and irrespective of the opportunity to avoid any danger of danger or attack. by means of assistance to other persons or authorities. "; 4) in article 75, paragraph 2, of the phrase" subject to the conditions provided for in Part One of this article may be released "by" shall be released "; 5) Section VI should read: " Section VI. OTHER MEASURES CRIMES "; 6) Section VI to supplement Chapter 15-1 as follows: " CHAPTER 15 -1. CONFISATION OF PROPERTY Article 104-1. Confiscation of property 1. Confiscation of property is the property of the State of the following property: (a) the money, values and other property obtained as a result of the commission of the crimes Part two, article 111, part two, article 126, part two, articles 127-1, 127-2, 146, 147, 164, third and fourth article 184, articles 186, 187, 188, 189, Parts 3 and 4 of Article 204, articles 205, 205 to l, 205-2, 206, 208, 209, 210, 212, 222, 227, 228-1, 229, 231, 232, 234, 240, 241, 242, 242-1, 275, 276, 277, 278, 279, 281, 282-1, 282-2, 285, 290, 355, part three of article 359 of this Code, and any proceeds of that property, except for property and income from it to be returned to the rightful owner; b) money, property in which property derived from the commission of an offence and the proceeds of that property have been partially or totally transformed or converted; in) money, values and other property used, or for the financing of terrorism, organized by the An armed group, a criminal association (criminal organization); a g) of instruments, equipment or other means of committing an offence belonging to the accused. 2. If the property obtained as a result of the offence and/or the proceeds of that property have been intermingled with property acquired lawfully, the confiscation is subject to the value of the property, which corresponds to the value of the intermingled property. property and income from it. 3. The property referred to in parts one and two of this article, transferred to another person (organization), shall be confiscated if the person who has accepted the property knew or should have known that it has been obtained as a result of criminal acts. Article 104-2. Confiscation of the monetary amount in lieu of property If the confiscation of a certain item in the property referred to in article 104-1 of this Code is not possible at the time of the court's decision to confiscate the subject matter whether it is used, sold or otherwise, the court shall order the confiscation of the money which corresponds to the value of the item. Article 104-3. Redress for damages 1. When deciding on the confiscation of property in accordance with articles 104 to 1 and 104 to 2 of the present Code, the question of compensation for damage caused to the rightful owner must first be resolved. 2. In the absence of any other property to which the penalty may be imposed, other than those referred to in articles 104 to 1 of this Code, compensation shall be paid for the damage caused to the rightful owner, while the remaining part shall be compensated. refers to the State revenue. "; 7) in article 205: (a) the name should read: " Article 205. The terrorist act "; b) is the first to be redrafted to read: " 1. The commission of an explosion, arson or other action that terrores the population and creates a risk of loss of life, causing substantial damage to property or other serious consequences, in order to influence the decision of the authorities or by international organizations, as well as the threat of these actions for the same purpose- is punishable by deprivation of liberty for a period of eight to twelve years. "; in) part three, after the words" sources of radioactive material " radiation "add to the words" or poisonous, poisonous, toxic, dangerous chemical or biological substances "; 8) Article 205-1, amend to read: " Article 205-1. Promoting terrorist activities 1. Conclination, recruitment or other involvement of a person in the commission of at least one of the offences under articles 205, 206, 208, 211, 277, 278, 279 and 360 of this Code, arming or training a person to commit at least one of these The penalty of deprivation of liberty for a term of four to eight years is punishable by imprisonment for a term of four to eight years. 2. The same acts committed by a person using their official position- shall be punished by imprisonment for a term of from 7 to 15 years, with a fine of up to one million rubles, or in the amount of wages or other income Convicted persons up to five years of age or less. Notes. 1. Under the financing of terrorism, this Code refers to the provision or collection of funds or the provision of financial services in the knowledge that they are intended to finance the organization, preparation or commission of at least one of the offences under articles 205, 205-1, 205-2, 206, 208, 211, 277, 278, 279 and 360 of this Code, or to provide an organized group, illegal armed group, criminal association (criminal organization) established or at least one of these offences. 2. A person who commits an offence under this article shall be exempt from criminal liability if it is promptly reported to the authorities or otherwise contributes to the prevention or punishment of the crime that it has committed. financed and (or) the commission of which contributed, and if it does not contain a different crime. "; 9), supplement article 205-2 with the following: " Article 205-2. Public calls for the implementation of terrorist activity or public justification of terrorism 1. Public calls for terrorist activity or public justification of terrorism- shall be punished by a fine of up to three hundred thousand roubles or in the amount of wages or other income of the convicted person for up to three years shall be punished by imprisonment for the term of up to four years. 2. The same acts committed with the use of the mass media- are punishable by a fine of 100,000 rubles ($1,500,000) to 5,000 rubles ($1,500,000), or in the amount of wages or other income of the convicted person for a period of up to four years; or shall be punished by imprisonment for the term of up to five years with deprivation of the right to occupy determined posts or to engage in a determined activity for the term of up to three years. Note. This article, under the public justification of terrorism, refers to the public declaration of acceptance of the ideology and practice of terrorism to be correct and in need of support and imitation. "; With the words "(terrorist act)", delete the words "(terrorist act)" in article 277 of the word "terrorist". Article 5 Article 5 of the Federal Law of 6 February 1997 on the Internal Troops of the Ministry of the Interior OF THE PRESIDENT OF THE RUSSIAN FEDERATION 711; 2000, No. 26, art. 2730; 2003, N 2, sect. 164; N 27, est. 2700; 2004, N 35, sect. 3607; 2005, N 10, st. 763) the following changes: 1) Part 1 of Article 2 should read: "The internal troops shall have the following tasks: participation with the internal affairs agencies of the Russian Federation (hereinafter referred to as" the Russian Federation "). internal affairs agencies) in the protection of public order, public safety and state of emergency; participation in combating terrorism and ensuring the legal regime of the counter-terrorist operation; Important public facilities and special loads; Participation in the territorial defense of the Russian Federation; assisting the border agencies of the Federal Security Service in the protection of the State border of the Russian Federation. "; 2) to supplement articles 23 to 1 , to read: " Article 23-1. The participation of internal troops in the fight against terrorism Joins and military units (units) of the internal troops, in accordance with Russian Federation regulations, participate in counter-terrorism operations and security the legal regime of the counter-terrorist operation. "; 3), to supplement article 24 with Part Three, reading: " When the combat service is engaged in counter-terrorism operations and legal regime military personnel of the internal troops, along with The rights granted to them by this Federal Law are granted the right to apply the measures and temporary restrictions provided for in article 11 of the Federal Act of 6 March 2006 No. 35-FZ "On Counteracting Terrorism" (hereinafter referred to as the Federal Act). The law "On counteraction to terrorism". "; 4) part 3 of article 39 is supplemented by the words" and by the Federal Law "On Counteracting Terrorism". Article 6 Paragraph 3 of Article 11 of the Federal Law of 27 May 1998 N 76-FZ "On the status of military personnel" (Assembly of the Russian Federation, 1998, No. 2331; 2000, N 1, sect. 12; 2001, N 31, est. 3173; 2004, N 18, sect. 1687; N 35, sect. 3607; 2006, N 6, st. 637; N 19, st. 2062) add the following paragraph: " Military personnel under contract to engage in activities that are conducted when necessary without limiting the total length of the weekly service In lieu of additional days of rest, cash compensation for each additional day of rest may be paid, upon request, in lieu of additional days of rest. The procedure and conditions for the payment of monetary compensation shall be determined by the head of the federal executive branch, in which the federal law provides for military service. ". Article 7 class="doclink "href=" ?docbody= &prevDoc= 102108258&backlink=1 & &nd=102062162" target="contents"> N 184-FZ " On the general principles of the organization of legislative (representative) and executive authorities of the subjects Russian Federation " (Legislative Assembly of the Russian Federation) Federation, 1999, N 42, Art. 5005; 2003, N 27, sect. 2709; 2005, N 1, st. 17, 25; 2006, N 1, sect. 10; N 23, Art. 2380) The following changes: (1) paragraph 2 (a) of article 21, paragraph 2, after the words "and public order," to be supplemented by the words "countering terrorism and extremism,"; (2) paragraph 2 of article 26-3, subpara. : " 51-1) organization and implementation on the territory of the constituent entity of the Russian Federation of measures to prevent terrorism and extremism, to minimize their consequences, except for issues that are left to the jurisdiction of the Russian Federation. of the Russian Federation; ". Article 8 Article 8 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3340; 2001, N 1, article 18; N 23, est. 2289; N 33, st. 3413; 2002, N 30, stop. 3021; 2003, N 21, sect. 1958; 2004, 27, art. 2715; N 34, st. 3518; 2005, N 1, est. 30, 38; N 27, 100. 2710, 2717; N 30, est. 3104) the following changes: 1) Article 217, supplement paragraph 8-1 with the following: " 8-1) Remuneration paid from the federal budget or the federal budget of the subject of the Russian Federation to individuals for Their assistance to the federal executive authorities in the identification, prevention, suppression and disclosure of terrorist acts, the identification and detention of persons who prepare, commit or have committed such acts, as well as for providing Assistance to the Federal Security Service and the Federal Article 229, paragraph 4, of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Article 9 Article 9 of the Federal Law of August 7, 2001 No. 115-FZ " On countering the legalization (laundering) of proceeds of crime, Russian Federation Law Assembly, 2001, No. 3418; 2002, N 30, est. 3029; N 44, st. 4296; 2004, N 31, est. 3224) The following changes: 1) Article 3 should read as follows: " Article 3. Key concepts used in this Federal Law For the purposes of this Federal Act, the following basic concepts are used: Proceeds of crime-money or other property derived from the commission of an offence; legalization (laundering) of proceeds of crime-making lawful the possession, use or disposition of money or other property; as a result of the commission of an offence, with the exception of offences under articles 193, 194, 198, 199, 199-1 and 199-2 of the Criminal Code of the Russian Federation; financing of terrorism-providing or raising funds or providing financial services in the knowledge that they to finance the organization, preparation and commission of at least one of the offences covered by articles 205, 205-1, 205-2, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or to provide for of an organized group, an illegal armed group or a criminal community (a criminal organization) created or created to commit at least one of the specified offences; the operation of cash or other property-the actions of individuals and entities with money or other means property, regardless of the form and manner of their implementation, aimed at establishing, modifying or terminating the related civil rights and duties; Measures to counteract the legalization (laundering) of proceeds of crime by means of, and financing of terrorism under this Federal Law; mandatory control-a set of measures taken by the authorized body to control transactions with money or other property on the basis of Information provided to it by the organizations carrying out such operations, as well as on the verification of this information in accordance with the legislation of the Russian Federation; Internal control-activities of organizations carrying out such operations Transactions involving cash or other property, identification of transactions, and other transactions involving money or other assets related to the legalization (laundering) of proceeds of crime and the financing of terrorism. "; (2) in article 6, paragraph 2: (a) In the first paragraph, "on their participation in extremist activities" should be replaced by the words "their involvement in extremist activities or terrorism"; b) in paragraph 4 of the word "due to its extremist activities". "to be replaced by the words" in connection with its involvement in extremist activities or terrorism "; in) add the following paragraph to the following paragraph: " Inclusion of the organization in accordance with the Federal Act of 6 March 2006 N 35-FZ "On Countering Terrorism" into a single federal list of organizations, The number of foreign and international organizations recognized by the courts of the Russian Federation as terrorist. ". Article 10 Article 10 Commit to Russian Criminal Procedure Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; N 30, est. 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 1, est. 13; 2006, N 23, sect. 2379), the following changes: 1) in article 28: (a) in the first word of the "article" is replaced by the words "provided for in the first part of the article"; (b) in part two of the word "on the grounds specified in the article". of this article, may "be replaced by the words" in the event of repentant repentance of the person in the crime committed by the court, the prosecutor and the investigator and the person conducting the initial inquiry with the consent of the procurator "; (2) Part 1 of article 51 Paragraph 3-1, reading: " 3-1) Trial shall be carried out in the manner provided for in article 247 of this Code; "; 3) part of article 73, paragraph 8, should be supplemented by paragraph 8, reading: " 8) as proof that the property to be confiscated under article 104-1 of the Criminal Code of the Russian Federation, obtained as a result of the commission of an offence or is the proceeds of that property, or was used or intended to be used as a weapon of crime, or for the financing of terrorism, organized crime, armed formation, criminal association (criminal organization). "; 4) in article 81: (a) paragraph 2-1 of the first part of the first set out: " 2-1) money, values and other property received in the result of the commission of the crime; "; b) in Part Three: paragraph 4, state as follows: " 4) money, values and other property derived from the commission of an offence, and the proceeds of that property to be returned to the rightful owner; "; to supplement paragraph 4-1 The following table of contents: "4-1) money, values and other property referred to in paragraphs" (a) "to" Part 1 of Article 104-1 of the Criminal Code of the Russian Federation shall be confiscated in the manner determined by the Government of the Russian Federation. " The Federation, except in the cases provided for in paragraph 4 of this Part; "; 5) in the second article 82: (a) paragraph 3-1 should read: " 3-1) money, values and other property received in of the commission of an offence and of the proceeds of such property found at the time of The proceedings are subject to arrest in the manner prescribed by article 115 of this Code; "; (b) in the first paragraph of paragraph 4, delete; 6) in article 115: (a) in the first word "Confiscation of property derived from criminal acts or acquired by criminal means" shall be replaced by the words "Confiscation of the property referred to in part one of article 104-1 of the Criminal Code of the Russian Federation"; b) Part Three be supplemented with the words " either used or intended for use in the The quality of the instrument of crime or for the financing of terrorism, an organized group, an illegal armed group, a criminal association (criminal organization) "; 7) in the first article of article 116, the words" confiscation of property, the proceeds of crime, either acquired by criminal means or "by means of the confiscation of the property referred to in article 104-1 of the Criminal Code of the Russian Federation, or for the purpose of providing"; 8) Second article 151: (a), subparagraph (a), after the figure "205" to supplement the numbers "205-1, 205-2,"; b) after "205-1," complete with the figures "205-2,"; 9) in Part 5 of Article 165 of the word "as well as a personal search is not tolerated" with the words " personal search, as well as The seizure of property referred to in part one of article 104-1 of the Criminal Code of the Russian Federation shall not be subject to delay "; 10) part two of article 221, with the following addition to paragraph 4: " 4) " before the court in accordance with the procedure established by the Part 5 of article 247 of this Code. "; 11) Part Two of article 229, supplement paragraph 4-1 as follows: " 4-1) if a request by the party for a trial is made in the manner prescribed by Part 5 of article 247 of this Code; "; 12) Part 3 of Article 234 should read: " 3. A preliminary hearing may be held in the absence of the accused on his or her request, or if there are grounds for a trial in the manner prescribed in article 247, part 5, of the present Code, at the request of one of the ";"; 13) Article 238 is supplemented with Part 3: " 3. Paragraphs 1 and 4 of Part One of this article shall not apply in the presence of a motion by one of the parties to conduct a trial in the manner provided for in article 247, paragraph 5, of the present Code. "; 14) in article 247: (a) In part one, "except as provided for in Part Four of this article", replace by the words "except as provided for in parts 4 and 5 of this article"; seventh reading: " 5. In exceptional cases, criminal proceedings for serious and particularly serious crimes may be conducted in the absence of a defendant who is outside the territory of the Russian Federation and (or) refuses to appear in court if that person has not been prosecuted in the territory of a foreign State in this criminal case. 6. The participation of defence counsel in the proceedings pursuant to article 5 of this article is mandatory. The defence counsel is invited by the defendant. The defendant has the right to invite several lawyers. In the absence of a defence counsel invited by the defendant, the court shall take steps to appoint a defence counsel. 7. In the event of the removal of the circumstances referred to in paragraph 5 of this article, the sentence or the determination of the court pronounced in absentia upon the request of the convicted person or his or her defence counsel shall be waived in accordance with the procedure laid down in chapter 48 of this Code. The trial in such a case is proceeding normally. "; (15) in article 253: (a) Part three, after the words" the defendant has disappeared "with the words", except in the case referred to in Part Four of the present Articles "; b) to be completed with Part Four, as follows: " 4. If there are grounds referred to in article 247, paragraph 5, of this Code, the parties to the proceedings shall, at the request of the parties, take the action in the absence of the defendant. In the absence of a defendant, the court shall issue a ruling or order. "; In the case provided for in article 247, paragraph 5, of this Code, in the absence of the defendant, "; 17), article 265 should be supplemented with Part Three: " 3. When considering a criminal case in accordance with article 247, paragraph 5, of this Code, the presiding officer shall determine whether or not the defendant has been given a copy of the indictment or the decision of the prosecutor. Change of charge. In this case, the criminal proceedings may not be instituted seven days after the date of service to the defender of the copy of the indictment or the order to amend the indictment. "; 18) in paragraph 2 of Part 1 of Article 276, The fourth article "shall be replaced by the words" parts of the fourth and fifth article "; (19) Part one of article 299, in addition to paragraph 10-1 of the following sentence: " 10-1) has been shown to have resulted in property subject to confiscation. of the commission of an offence or is the proceeds of that property, or was used or intended to be used as an instrument for the crime or for the financing of terrorism, an organized group, an illegal armed group, a criminal association (criminal organization); "; 20) Article 307, to be supplemented by paragraph 4 (1), to read: " 4-1) evidence on which the findings of the court are based that property to be confiscated is derived from the commission of an offence or proceeds from it or was used or intended for use in the the quality of the instrument of crime, or for the financing of terrorism, organized group, illegal armed formation, criminal association (criminal organization); "; 21) (Federal law dated 29.12.2010. N 433-FZ) 22) (Spated out-Federal Law of 29.12.2010 N 433-FZ) 23) (Spated out-Federal Law of 29.12.2010 N 433-FZ) 24) (Spspent-Federal Law of 05.06.2007) N 87-FZ) 25) (Unused-Federal Law of 05.06.2007 N 87-FZ) Article 11 Paragraph 6 of Article 1 of the Article 1 of the Federal Law of 25 July 2002 N 114-FZ " O of the Russian Federation. 3031) be supplemented by the words "or public justification of terrorism". Article 12 Article 12 Administrative Offences (Assembly of the Laws of the Russian Federation, 2002, No. 1, Art. 1; N 44, sect. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13; N 10, est. 763; N 13, est. 1077; N 19, est. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; 2006, N 1, st. 10; N 10, est. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380) The following changes: 1) in Part 1 of Article 3.9 of the word "regime in the zone" shall be replaced by the words "the legal regime"; 2), article 20.27 shall be amended to read: " Article 20.27. A violation of the legal regime of the counterterrorism operation 1. Insubordination to the legitimate request of an official of the Federal Security Service to observe the measures and temporary restrictions imposed on the territory (object) within which the counter-terrorism legal regime is in force Operations,- entails the imposition of an administrative fine on citizens of up to five times the minimum wage; officials-from ten to thirty times the minimum wage; legal persons-from 50 to 100 The minimum wage. 2. The unauthorized entry or attempt to enter the territory (object) within which the legal regime of the counter-terrorist operation has been introduced- entails the imposition of an administrative fine on citizens in the amount of Five to ten minimum wage levels. 3. Obstruction of the counter-terrorist operation- entails the imposition of an administrative fine on citizens of ten to twenty times the minimum wage or administrative detention for up to 15 days; -officials-from thirty to fifty times the minimum wage or administrative arrest for up to 30 days; for legal persons-from 100 to 300 times the minimum wage. 4. Violation by the editor-in-chief of the media, the organization carrying out the television and (or) radio broadcasting or other organizations that issue or distribute the media established by law On the media coverage of the counter-terrorist operation- entails the imposition of an administrative fine on citizens of between five and twenty times the minimum wage; and officials-from 10 to Fifty minimum wage; legal persons Three hundred and one thousand minimum wage levels. "; 3) paragraph 56, paragraph 56, of article 28.3, after the figures" 19.7 ", to be supplemented with figures", 20.27 ". Article 13 Article 64 of the Federal Law of 7 July 2003 N 126-FZ "On Communications" (Legislative Assembly of the Russian Federation Federation, 2003, N 28, Art. 2895), the following changes: (1) the name after the words "measures to ensure the security of the Russian Federation"; (2) paragraph 1, after the word "implementing" "to supplement the words" or to ensure the security of the Russian Federation "; (3) in paragraph 2 of the words", the requirements for networks and communications for the conduct of investigative activities "should be replaced by the words" or OF THE PRESIDENT OF THE RUSSIAN FEDERATION in the cases prescribed by federal laws, activities for the purpose of carrying out their tasks "; 4) in paragraph 3: (a) in the first paragraph of the phrase" operational investigative activities, in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION after the words "search operations" to be completed of the Russian Federation; (5) paragraph 4, after the words "investigative activities", add the words "or security of the Russian Federation". Article 14 Article 14 Federal Act No. 131-FZ of 6 October 2003 on the general principles of the organization of local self-government in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3822; 2005, N 1, st. 17, 25, 37; 2006, N 1, st. 10; N 23, Art. 2380) the following changes: 1) article 14, paragraph 1, to supplement paragraph 7-1 as follows: " 7-1) participation in the prevention of terrorism and extremism, as well as in minimizing and (or) eliminating the consequences of terrorism; and " 6-1) participation in the prevention of terrorism and extremism as well as in minimizing and (or) eliminating the consequences of manifestations terrorism and extremism in the municipal area; "; 3) Article 16, paragraph 1, should be supplemented by paragraph 7-1 as follows: "7-1) participation in the prevention of terrorism and extremism and in minimizing and (or) eliminating the consequences of terrorism and extremism within the boundaries of the urban district;" 4) in the first part of article 17, paragraph 2, of the figure "8, 9" to read "7-1 to 9", the numbers "8-11" should be replaced by the figures "7-1 to 11". Article 15 Article 15 of the Federal Law of 6 March 2006 35-FZ "On Counteracting Terrorism" (Legislative Assembly Russian Federation, 2006, 1146) the following changes: 1) Article 3, paragraph 3, to read: " (3) Terrorist act-commission of an explosion, arson or other actions that intimidate a population and pose a risk of loss of life, Significant property damage or other serious consequences for the purpose of influencing the decision by the authorities or international organizations and the threat of the said actions for the same purpose; "; 2) Part 1 Article 5 should read: " 1. The President of the Russian Federation: 1) defines the main directions of State policy in the field of counteraction to terrorism; (2) establishes the competence of the federal executive authorities, the leadership The activities of which he carries out in the fight against terrorism; 3) makes a decision in accordance with the established procedure to use the formation of the armed forces of the Russian Federation outside the territory of the Russian Federation and the units special purpose to combat terrorist activities OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 16 1. This Federal Law shall enter into force on the date of its official publication, except for articles 8 and 14 of this Federal Law. 2. Article 8 of this Federal Law shall enter into force on 1 January 2007, but not earlier than one month after the official publication of this Federal Law. 3. Article 14 of this Federal Law shall enter into force on 1 January 2007. 4. Provisions of article 104-1 of the Criminal Code of the Russian Federation (as amended by the present Federal Law) concerning confiscation of proceeds of crime The use of property derived from the commission of an offence applies to legal relations that arose after 1 January 2007. President of the Russian Federation Vladimir Putin Moscow, Kremlin 27 July 2006 N 153-FZ