On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Amending The Code Of Criminal Procedure Of The Russian Federation And The Federal Law" On The Prosecutor's Office Of The Russian Fede...

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О внесении изменений в Уголовно-процессуальный кодекс Российской Федерации и Федеральный закон "О прокуратуре Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW on amendments to certain legislative acts of the Russian Federation in connection with adoption of the Federal law "on amending the code of criminal procedure of the Russian Federation and the Federal law" on the Prosecutor's Office of the Russian Federation "adopted by the State Duma on July 6, 2007 year approved by the Federation Council July 11, 2007 year (as amended by the federal laws on 25.12.2008 N 274-FZ;
from 05.04.2013 N 41-ФЗ) article 1 amend the Federal law on banks and banking activities "(as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 27, art. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 2001, no. 33, art. 3424; 2003, no. 27, art. 2700; N 52, art. 5033; 2004, N 27, art. 2711; 2005, N 1, art. 45) as follows: 1) in article 26: (a)) in the second part of the word "consent of the Prosecutor" were replaced by the words "the consent of the head of the investigative body";
b) in the fourth part, the words "the consent of the Prosecutor" were replaced by the words "the consent of the head of the investigative body";
2) in the first part of article 27, the words "in the presence of the approval of the Prosecutor of" were replaced by the words "subject to judicial decisions".
Article 2 amend the Federal law "on the Prosecutor's Office of the Russian Federation" (as amended by the Federal law of November 17, 1995, N 168-FZ) (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 8, art. 366; Collection of laws of the Russian Federation, 1995, no. 47, art. 4472; 1999, N 7, art. 878; 2007, N 24, art. 2830) as follows: 1) the first part of article 41-1 supplemented by the following sentence: "employees of the investigative Committee of the Prosecutor's Office of the Russian Federation issued service certificates established by the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation the sample.";
2 article 3) 41-2 Add the words "and employees of the investigative Committee of the Prosecutor's Office of the Russian Federation, Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation";
3 article 5) 41-7 Add the words "and employees of the investigative Committee of the Prosecutor's Office of the Russian Federation with the consent of the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation".
Article 3 paragraph 7 the second part of article 3 of the law of the Russian Federation from March 11, 1992 N 2487-I "of private detective and security activities in the Russian Federation" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 17, art. 888; Collection of laws of the Russian Federation, 2006, no. 30, art. 3294), the word "Attorney" should be deleted.
Article 4 Article 16 of the law of the Russian Federation from June 26, 1992 N 3132-(I) on the status of judges in the Russian Federation "(records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 30, art. 1792; Collection of laws of the Russian Federation, 1995, no. 26, art. 2399; 2001, N 51, art. 4834; 2005, no. 15, St. 1278) as follows: 1) in paragraph 3: (a)) in the paragraphs of the second, third and fourth words "by the Prosecutor General of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation";
b) (repealed-the Federal law from 25.12.2008 N 274-FZ) in sixth paragraph) the words "the General Prosecutor of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation";
2) in paragraph 6: a) in the second and third paragraphs, the words "the General Prosecutor of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation";
b) in the fourth paragraph, the words "of the Prosecutor General of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation";
in fifth paragraph), the words "the General Prosecutor of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation".
Article 5 amend the basic legislation of the Russian Federation on health care from July 22, 1993 N 5487-I (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, no. 33, art. 1318; Collection of laws of the Russian Federation, 2004, no. 35, St. 3607; N 49, St. 4850; 2005, no. 52, art. 5583; 2006, no. 6, art. 640) as follows: 1) in the first part of article 52, the word "Attorney" should be deleted;
2) in paragraph 3 the fourth part of article 61, the word "Attorney" should be deleted.
Article 6 (repealed Federal Act from 05.04.2013 N 41-ФЗ) article 7 amend the Federal law dated July 15, 1995 N 103-FZ "on detention of persons suspected or accused of committing an offence (collection of laws of the Russian Federation, 1995, no. 29, article 2759; 2003, no. 50, art. 4847) as follows: 1) in the second part of article 13, the word" Prosecutor "should be deleted;
2) in the first subparagraph of article 28 the word "Attorney" should be deleted;
3 the third subparagraph of article) 49, the words "or of the Prosecutor", should be deleted.
Article 8 to amend the Federal law dated August 12, 1995 N 144-FZ "on operational investigative activities" (collection of laws of the Russian Federation, 1995, no. 33, p. 3349; 2005, no. 49, p. 5128) as follows: 1) paragraph 3 of the first paragraph of article 7, after the words "the interrogator," add the words "the head of the investigative body,", the words "specify the Attorney" should be deleted;
2) article 14, paragraph 2, the words "Attorney" should be replaced by the words "the head of the investigative body."
Article 9 Article 310 of the Criminal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954; 2003, no. 50, art. 4848), the word "Prosecutor" should be deleted.
Article 10 in the first part of article 77-1 of the Penal Enforcement Code of the Russian Federation (collection of laws of the Russian Federation, 1997, N 2, p. 198; 1999, no. 12, p. 1406; 2003, no. 50, art. 4847), the words "Prosecutor, investigator or body of inquiry authorized by the Prosecutor of the Russian Federation or his Deputy or equivalent for the Prosecutor or his deputies for a period not exceeding two months and sanctioned by the Prosecutor General of the Russian Federation and his deputies, for up to three months" were replaced by the words "the interrogator with the consent of the head of the investigative body, the investigative Committee of the Prosecutor's Office of the Russian Federation on the subject of the Russian Federation or his Deputy or equal leader of specialized investigative body or his Deputy , Manager of territorial investigative body on the subject of the Russian Federation of the investigating body the appropriate federal body of executive power (with the appropriate federal body of executive power) or his Deputy-for a period not exceeding two months, with the consent of the Chairman of the investigative Committee of the Russian Federation Procurator or his Deputy, the head of the investigative body the appropriate federal body of executive power (with the appropriate federal body of executive power)-for up to three months as well as regulations, an investigator with the consent of the Procurator of the Russian Federation or his Deputy or equal the Prosecutor or his Deputy-for a period not exceeding two months, and with the consent of the Attorney-General of the Russian Federation or his Deputy-of up to three months. "
Article 11 second paragraph of paragraph 4 of article 12 of the Federal law dated July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions with it" (collection of laws of the Russian Federation, 1997, no. 30, art. 3594; 2003, no. 24, p. 2244; 2004, N 27, art. 2711; N 35, St. 3607; 2005, N 1, art. 22; 2006, N 27, art. 2881; N 52, art. 5498), the word "Attorney" should be deleted.
Article 12 to amend federal law dated January 8, 1998, N 3-FZ "on Narcotic Drugs and psychotropic substances" (collection of laws of the Russian Federation, 1998, N 2, p. 219; 2003, N 27, art. 2700) as follows: 1) article 43, paragraph 1, the words "of prosecutors, as well as" should be deleted;
2) article 44: a) in paragraph 2 the words "the prosecutors," should be deleted;
b) in paragraph 3 the word "prosecutors" should be deleted.
Article 13, subparagraph 5 of paragraph 2 of article 13 of the Federal law dated March 26, 1998 N 41-ФЗ "about precious metals and jewels" (collection of laws of the Russian Federation, 1998, N 13, art. 1463; 2004, no. 45, p. 4377), the word "Prosecutor" should be deleted.
Article 14 paragraph 2 of article 28 of the Federal law dated March 28, 1998, N 53-FZ "on military conscription and military service" (collection of laws of the Russian Federation, 1998, no. 13, p. 1475; 2006, N 29, art. 3122) the word "Prosecutor" were replaced by the words "the head of the investigative body, Prosecutor's Office investigative Committee of the Russian Federation".
Article 15 the third paragraph of article 22, paragraph 3 of the Federal law of May 27, 1998 N 76-FZ "on the status of military servicemen" (collection of laws of the Russian Federation, 1998, N 22, art. 2331; 2004, no. 35, text 3607; 2007, N 1, p. 41), the word "Prosecutor" should be deleted.
Article 16

In subparagraph 4 of paragraph 3 of article 13 of the Federal law dated June 24, 1999 N 120-FZ "on fundamentals of the system for prevention of neglect and juvenile delinquency" (collection of laws of the Russian Federation, 1999, no. 26, p. 3177; 2003, no. 28, art. 2880; 2004, no. 35, St. 3607; N 49, St. 4849), the word "Attorney" should be deleted.
Article 17 paragraph 2 of article 3 of the Federal law dated February 12, 2001 year N 12-FZ on guarantees for the President of the Russian Federation, which has ceased the exercise of its powers, and members of his family "(collection of laws of the Russian Federation, 2001, N 7, art. 617) as follows: 1) in the second paragraph, the words" of the Prosecutor General of the Russian Federation "were replaced by the words" the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation ";
2) in the third and fourth paragraphs, the words "the General Prosecutor of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation".
Article 18 to amend federal law May 31, 2001 N 73-ФЗ "about the State forensic activities in the Russian Federation" (collection of laws of the Russian Federation, 2001, no. 23, item 2291) as follows: 1) in article 2, the words "and prosecutors" should be deleted;
2) in paragraph seventh article 9, the words "or by the Prosecutor" should be deleted;
3) in the first part of article 11, the words "and prosecutors" should be deleted;
4) in the first part of article 19, the words "or the Prosecutor" should be deleted;
5) in the second part of article 20, the words "or the Prosecutor" should be deleted;
6) in the second part of article 39, the words "or by the Prosecutor" should be deleted.
Article 19 in the seventh paragraph of article 6, paragraph 2 of the Federal law dated August 7, 2001 N 115-FZ "on counteracting the legalization (laundering) of proceeds received by criminal way and terrorism financing" (collection of laws of the Russian Federation, 2001, no. 33, art. 3418; 2002, N 30, art. 3029; N 44, art. 4296; 2004, N 31, art. 3224; 2006, N 31, art. 3452), the words "or of the Prosecutor", should be deleted.
Article 20 Article 13 December 18, 2001 federal law N 177-FZ "on the entry into force of the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 2001, no. 52, p. 4924) recognize lapsed.
Article 21 to amend the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 2001, no. 52, p. 4921; 2002, N 22, art. 2027; N 30, art. 3015; 2003, no. 27, art. 2706; N 50, art. 4847; 2005, N 31, art. 3452; 2007, N 18, art. 2118; N 24, art. 2830, 2833) as follows: 1) the first part of article 19, after the words "Attorney," add the words "the head of the investigative body,";
2) part five article 50 the word "Attorney" should be deleted;
3) article 123, after the words "the interrogator," add the words "the head of the investigative body,";
4) article 125: a) the second part, after the words "the interrogator" add the words ", the head of the investigative body";
b) part three, after the word "investigator", add the words "the head of the investigative body,";
in the sixth), the words "the applicant and the Prosecutor" were replaced by the words "the complainant, the Prosecutor and the head of the investigative body";
g) portion of the seventh, after the word "investigator", add the words "the head of the investigative body,";
5) part three of article 136, after the word "Prosecutor", add the words "the head of the investigative body,";
6) in the third part of article 165 of the words "the Prosecutor and investigator" shall be replaced with the words "Prosecutor, investigator and interrogator";
7) Article 223 supplement part 3-1 as follows: "3-1. Suspended an inquiry may be reopened based on the order of a prosecutor or head of the units of inquiry in cases stipulated by article 211 of this code. ";
8) article 224 supplement part 4 to read as follows: "4. When it is not possible to complete the inquiry within 30 days and there are no grounds for changing or cancelling preventive measures in the form of detention, this period may be extended by a judge of the District Court or military court in the manner prescribed by part 3 of article 108 of this code, on the request of an investigator with the consent of the Procurator of the district , city or equal military prosecutor for up to 6 months. ";
9) in the fourth part-1 of article 450 words "Prosecutor General of the Russian Federation" were replaced by the words "the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation", the words "Prosecutor of the Russian Federation" were replaced by the words "the head of the investigative body of the investigative Committee of the Prosecutor's Office of the Russian Federation on the subject of the Russian Federation".
Article 22 to amend federal law May 31, 2002 N 63-FZ "about lawyer activity and legal profession in the Russian Federation" (collection of laws of the Russian Federation, 2002, no. 23, item 2102; 2004, no. 35, St. 3607; N 52, art. 5267) as follows: 1) in subparagraph 2 of paragraph 1 of article 7 the word "Attorney" should be deleted;
2) in article 25: (a)) in paragraph 8, the word "Attorney" should be deleted;
b) in paragraph 10, the word "Attorney" should be deleted;
3), in subparagraph 5 of article 31, paragraph 3, the word "Attorney" should be deleted;
4) in paragraph two of article 35, paragraph 2, the word "Attorney" should be deleted;
5) article 44: a) in paragraph 1 the word "Attorney" should be deleted;
6) in paragraph 2 the word "Attorney" should be deleted.
Article 23 to amend the Federal law dated June 12, 2002 N 67-FZ "on basic guarantees of electoral rights and the right to vote of citizens of the Russian Federation" (collection of laws of the Russian Federation, 2002, N 24, art. 2253; 2005, N 30, art. 3104; 2006, N 31, art. 3427; 2007, N 10, art. 1151; N 17, art. 1938; N 18, art. 2118) as follows: 1) in article 29: (a)) paragraph 18 should read: "18. The decision to institute criminal proceedings against a member of a Commission with the power to vote, bringing him in as defendant in a criminal case shall be taken by the head of the investigative body, the investigative Committee of the Prosecutor's Office of the Russian Federation on the subject of the Russian Federation. The petition before the Court regarding the election as preventive detention against a member of the Commission with the right to vote may be instituted with the consent of the head of the investigative body, the investigative Committee of the Prosecutor's Office of the Russian Federation on the subject of the Russian Federation. Member of the Commission with the right to vote cannot be subjected to an administrative penalty imposed by the courts without the consent of the Procurator of the Russian Federation. ";
b) shall be amended with paragraph 18-1 as follows: "18-1. The decision to institute criminal proceedings against a member of the Central Electoral Commission of the Russian Federation with a casting vote, the Chairman of the Electoral Commission of the Russian Federation, attracting them as defendants accepted Chairman of the investigative Committee of the Prosecutor's Office of Russian Federation. The petition before the Court regarding the election as preventive detention against a member of the Central Electoral Commission of the Russian Federation with a casting vote, the Chairman of the Electoral Commission of the Russian Federation may be instituted with the consent of the Chairman of the investigative Committee of the Prosecutor's Office of Russian Federation. Member of the Central Election Commission of the Russian Federation with a casting vote, the Chairman of the Electoral Commission of the Russian Federation shall not be subject to administrative punishment, imposed by judicial procedure without the consent of the Attorney-General of the Russian Federation. ";
2 of article 41, paragraph 4) worded as follows: "4. The decision to institute criminal proceedings against a registered candidate, hiring him as a defendant in a criminal case can be taken with the agreement of the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation, the head of the investigative body, the investigative Committee of the Prosecutor's Office of the Russian Federation (the level of election). The petition before the Court regarding the election as preventive detention against a registered candidate may be instituted with the consent of the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation, the head of the investigative body, the investigative Committee of the Prosecutor's Office of the Russian Federation (the level of election). Registered candidate may not be subjected to an administrative penalty imposed by judicial procedure without the consent of the Prosecutor (the level of election). When giving consent, the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation, head of the investigative body, the investigative Committee of the Prosecutor's Office of the Russian Federation Prosecutor are obliged to notify the Election Commission zaregistrirovavšuû candidate. ".
Article 24 to amend the code of civil procedure of the Russian Federation (collection of laws of the Russian Federation, 2002, no. 46, p. 4532) as follows: 1) in the fourth part of article 159, the word "Prosecutor" shall be replaced with the words "organs of inquiry or preliminary investigation";
2) in part 3 of article 226, the word "Prosecutor" shall be replaced with the words "organs of inquiry or preliminary investigation".
Article 25

Paragraph 6 of article 42 of the Federal law dated January 10, 2003 N 19-FZ "on the election of the President of the Russian Federation" (collection of laws of the Russian Federation, 2003, N 2, p. 171; 2005, N 30, art. 3104; 2007, N 18, art. 2118) worded as follows: "6. The decision to institute criminal proceedings against the candidate, hiring him as a defendant in a criminal case may only be taken by the Chairman of the investigative Committee of the Prosecutor's Office of Russian Federation. The petition before the Court regarding the election as preventive detention against a candidate may be instituted with the consent of the Chairman of the investigative Committee of the Prosecutor's Office of Russian Federation. In cases of adoption of decisions regarding the institution of criminal proceedings against the candidate, hiring him as a defendant in a criminal case, as well as giving consent to initiate petitions before the Court regarding the election as preventive detention against the candidate the Chairperson of the investigative Committee of the Prosecutor's Office of the Russian Federation immediately shall notify the Central Election Commission of the Russian Federation. The candidate may not be subjected to an administrative penalty imposed by judicial procedure without the consent of the Attorney-General of the Russian Federation. When giving such consent of the Prosecutor General of the Russian Federation immediately shall notify the Central Election Commission of the Russian Federation. "
Article 26 paragraph article 418, paragraph 3 pole of the customs code of the Russian Federation (collection of laws of the Russian Federation, 2003, no. 22, p. 2066; 2004, N 27, article 2711), the words "or of the Prosecutor", should be deleted.
Article 27 part 3 of article 6 of the Federal law dated July 29, 2004 N 98-FZ "on commercial secret" (collection of laws of the Russian Federation, 2004, no. 32, St. 3283), the words "by prosecution authorities," should be deleted.
Article 28 to amend federal law dated August 20, 2004 N 119-FZ "on State protection of victims, witnesses and other participants in criminal proceedings" (collection of laws of the Russian Federation, 2004, no. 34, art. 3534; 2005, N 1, art. 25) as follows: 1) in part 2 of article 3, the word "Attorney" should be deleted;
2) article 18: (a)) in part 2, the word "Attorney" should be deleted;
b) in part 5, the word "Prosecutor" should be deleted;
3) in paragraph 3 of part 2 of article 24 the word "Attorney" should be deleted.
Article 29 to amend article 6 of the Federal law of December 30, 2004 N 218-FZ "on credit histories" (collection of laws of the Russian Federation, 2005, N 1, p. 44; N 30, art. 3121) the following changes: 1) in paragraph 4 of part 1, the word "Attorney" should be replaced by the words "the head of the investigative body";
2) Part 13 the word "Attorney" should be replaced by the words "the head of the investigative body."
Article 30 Part 3 of article 47 of the Federal law of May 18, 2005 N 51-FZ "on the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" (collection of laws of the Russian Federation, 2005, N 21, art. 1919; 2007, no. 18, p. 2118) worded as follows: "3. The decision to institute criminal proceedings against a registered candidate, hiring him as a defendant in a criminal case can be taken with the agreement of the Chairman of the investigative Committee of the Prosecutor's Office of Russian Federation. The petition before the Court regarding the election as preventive detention against a registered candidate may be instituted with the consent of the Chairman of the investigative Committee of the Prosecutor's Office of Russian Federation. Registered candidate may not be subjected to an administrative penalty imposed by judicial procedure without the consent of the Attorney-General of the Russian Federation. When giving consent, the Chairman of the investigative Committee of the Prosecutor's Office of the Russian Federation, the Prosecutor General of the Russian Federation are required to notify the Central Election Commission of the Russian Federation. "
Article 31 to amend the Federal law of December 1, 2006 year N 199-FZ "on procedure based on gross misconduct when applying to the armed forces disciplinary arrest and execution of disciplinary arrest" (collection of laws of the Russian Federation, 2006, no. 49, p. 5089) as follows: 1) in subparagraph b of paragraph 3 of part 1 of article 18, the words "military prosecutor" were replaced by the words "the head of a military investigating body the investigative Committee of the Prosecutor's Office of the Russian Federation";
2) in subparagraph (b) of paragraph 4 of part 1 of article 27, the words "military prosecutor" were replaced by the words "the head of a military investigating body the investigative Committee of the Prosecutor's Office of the Russian Federation".
Article 32 1. This federal law enters in force from September 7, 2007 year, except for article 26 hereof.
2. Article 26 of this federal law shall enter into force not earlier than on the expiry of one month from the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow July 24, 2007 year N 214-FZ

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