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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 selected legislative acts of the Russian Federation in connection with the adoption of Federal Law " About changes to the Code of Criminal Procedure Russian Federation and Federal Law "On Prosecution of the Russian Federation" adopted by the State Duma on 6 July 2007 Approved by the Federation Council on July 11, 2007 (In the version of federal laws of 25.12.2008) N 274-FZ; of 05.04.2013 N 41-FZ) Article 1 Amend the federal law "About banks and banking activities" (as amended) Federal Law of 3 February 1996 N 17-FZ) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2001, N 33, est. 3424; 2003, N 27, sect. 2700; N 52, sect. 5033; 2004, N 27, sect. 2711; 2005, N 1, est. (45) the following changes: 1) in article 26: (a) Part 2 of the word "consent of the prosecutor" shall be replaced by the words "consent of the head of the investigation body"; b) in Part Four of the word "consent of the prosecutor" should be replaced In the words "consent of the head of the investigation body"; 2), in article 27, paragraph 1, the words "subject to the approval of the prosecutor" shall be replaced by the words "in the presence of a judicial decision". Article 2 Article 2 of the Federal Law "On the Prosecutor's Office of the Russian Federation" (in the wording of the Federal Law of 17 November 1995) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 366; Legislative Assembly of the Russian Federation, 1995, No. 47, Art. (...) (...) 878; 2007, N 24, est. 2830), the following changes: 1) Part one of article 41-1 to be supplemented with the following sentence: " Employees of the Investigative Committee attached to the Office of the Procurator of the Russian Federation shall be issued with official certificates of the President established by the Chairman. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation "; 3) paragraph 5 of article 41-7 "The Investigative Committee of the Russian Federation, with the consent of the Investigative Committee attached to the Prosecutor's Office of the Russian Federation", said in a statement. Article 3 In paragraph 7 of Part Two of Article 3 of the Russian Federation Law of 11 March 1992, N 2487-I " On the private detective and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 888; Legislative Assembly of the Russian Federation, 2006, No. 30, art. (...) (...) Article 4 Article 16 of the Russian Federation Law of 26 June 1992 N 3132-I On the status of judges in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1792; Legislative Assembly of the Russian Federation, 1995, No. 26, art. 2399; 2001, N 51, sect. 4834; 2005, N 15, sect. 1278) The following changes: 1) in paragraph 3: a) in the second, third and fourth words by the Prosecutor General of the Russian Federation Federation "; b)(Sprag-Federal Law 25.12.2008. N 274-FZ in) in the sixth paragraph of the word "Prosecutor General of the Russian Federation" to read "Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation"; (2) in paragraph 6: (a) in paragraphs The second and third words of the "Prosecutor General of the Russian Federation" should be replaced by the words "the Chairman of the Investigative Committee of the Russian Prosecutor's Office"; (b) in the fourth paragraph of the words "Prosecutor General of the Russian Federation". Replace with the words " Chairperson of the Investigative Committee of the Public Prosecutor's Office of the Russian Federation "; (c), in the fifth paragraph of the words" Prosecutor General of the Russian Federation ", replace with the words" Chairman of the Investigative Committee of the Prosecutor's Office of the Russian Federation ". Article 5 Article 5 OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1993, No. 1318; Legislative Assembly of the Russian Federation, 2004, 3607; N 49, sect. 4850; 2005, N 52, sect. 5583; 2006, N 6, sect. 640) the following changes: 1) in Part 1 of Article 52 the word ", the prosecutor" delete; 2) in paragraph 3 of Part 4 of Article 61 the word "prosecutor" shall be deleted. Article 6 (Unused-Federal Law of 05.04.2013) N 41-FZ) Article 7 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2759; 2003, N 50, sect. 4847) The following changes: 1) in the second article 13, the word "prosecutor," delete; 2) in the first part of article 28, article 28, the word "prosecutor" delete; 3) in the third paragraph of article 49 of the word "or the prosecutor" shall be deleted. Article 8 Act No. 144-FZ of 12 August 1995 on operational investigative activities OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3349; 2005, N 49, sect. (5128) the following changes: 1) paragraph 3 of Part 1 of Article 7 after the word "investigator," to be supplemented by the words "the head of the investigating authority,", the words ", instructions of the prosecutor", delete; (2) in article 14, paragraph 2, the words " "Replace" with the words "the head of the investigation body". Article 9 Article 310 of the Criminal Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954; 2003, N 50, sect. 4848) the word "prosecutor" shall be deleted. Article 10 Part 1 of Article 77-1 of the Russian Penal Enforcement Code (Legislative Assembly Russian Federation, 1997, No. 198; 1999, N 12, article 1406; 2003, N 50, sect. (4847) the words " a procurator, investigator or body of inquiry authorized by a procurator of the constituent entity of the Russian Federation or his deputy or equivalent thereto by a prosecutor or his deputies for a period not exceeding two months, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of a federal executive) or his deputy, for a period not exceeding two months, with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation or his deputy, the head of the investigation body of the relevant federal executive authority (at the appropriate level) of the federal executive branch) for a period of up to three months, as well as the order of the person conducting the initial inquiry with the consent of the procurator of the constituent entity of the Russian Federation, or of his deputy or equivalent procurator or his deputy, for a period of time, "For more than two months, and with the consent of the Procurator-General of the Russian Federation or his deputy, for a period of up to three months." Article 11 In paragraph 4 of article 12 of the Federal Act of 21 July 1997, No. 122-FZ " On State Registration rights to immovable property and transactions " (Legislative Assembly of the Russian Federation, 1997, N 30, sect. 3594; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 35, sect. 3607; 2005, N 1, article 22; 2006, N 27, sect. 2881; N 52, sect. 5498) the word ", the prosecutor" shall be deleted. Article 12 Article 12 of the Federal Law of 8 January 1998, No. 3-FZ "On narcotic drugs and psychotropic substances" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 219; 2003, N 27, sect. 2700) the following changes: 1) in article 43, paragraph 1, the words "prosecutors, and" delete; (2) in article 44: (a) in paragraph 2 of the words "prosecutor's offices," delete; (b) in paragraph 3 the word "prosecutors" shall be deleted. Article 13 Article 13, paragraph 2, of the Federal Law of 26 March 1998 N 41-FZ " On precious metals and THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE 1463; 2004, N 45, sect. The word "prosecutor" shall be deleted. Article 14 Article 28, paragraph 2 of Federal Law of 28 March 1998 N 53-FZ "On conscription and military service" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1475; 2006, N 29, sect. 3122) the word "prosecutor" shall be replaced by the words "the head of the investigative body of the Investigative Committee attached to the Office of the Procurator of the Russian Federation". Article 15, paragraph 3, of article 22, paragraph 3, of the Federal Law N 76-FZ of 27 May 1998" Status of Members of the Armed Forces " (Legislative Assembly of the Russian Federation, 1998, N 22, p. 2331; 2004, N 35, sect. 3607; 2007, N 1, st. (41) The word "prosecutor" should be deleted. Article 16 Article 13 (3) (4) of the Federal Act of 24 June 1999 No. 120-FZ On the Basis of the Prevention System OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3177; 2003, N 28, est. 2880; 2004, N 35, sect. 3607; N 49, sect. 4849) the word "prosecutor", delete. Article 17 Article 3, paragraph 2, of the Federal Law of 12 February 2001 N 12-FZ " On guarantees to the President of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 617) the following changes: 1) in the second paragraph of the word "Prosecutor General of the Russian Federation" should be replaced by "Chairman of the Investigative Committee of the Russian Federation"; (2) in the third and fourth words OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 18 Article 18 of the Federal Law of 31 May 2001 OF THE PRESIDENT OF THE RUSSIAN FEDERATION (2291) The following changes: 1) in article 2, the words "and prosecutors" delete; 2) in paragraph 7 of article 9 of the word "or the prosecutor" delete; 3) in the first article, 11 words "and prosecutors" delete; 4) In the first part of article 19, the words "or the prosecutor" should be deleted; 5) in the second article of article 20, the words "or the prosecutor", delete; 6), in the second article, the words "or by the prosecutor" should be deleted. Article 19 Article 6, paragraph 7 of Article 6 of the Federal Law of 7 August 2001 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3418; 2002, N 30, est. 3029; N 44, st. 4296; 2004, N 31, est. 3224; 2006, N 31, st. 3452) delete the words "or the prosecutor". Article 20 Article 13 of the Federal Law of 18 December 2001 No. 177-FZ " On the introduction of the Code of Criminal Procedure OF THE PRESIDENT OF THE RUSSIAN FEDERATION (4924) declare lap-strong. Article 21 Amend the Code of Criminal Procedure of the Russian Federation (Collection of Russian legislation, 2001, N 52, sect. 4921; 2002, N 22, sect. 2027; N 30, est. 3015; 2003, N 27, sect. 2706; N 50, sect. 4847; 2005, N 31, sect. 3452; 2007, N 18, sect. 2118; N 24, st. 2830, 2833), the following changes: 1) part of the first article 19 after the word "prosecutor," to be supplemented by the words "the head of the investigating authority,"; (2) in the fifth article 50 word ", the prosecutor" deleted; 3) Article 123 after "investigator," to be supplemented by the words "the head of the investigative authority,"; 4) in article 125: (a) Part Two, after the word "investigator", add the words ", the head of the investigation body"; b) third, after the word "investigator," to be supplemented by the words " of the head ) in the sixth word "to the complainant and the prosecutor", in the words "the complainant, the prosecutor and the head of the investigation body"; g), after the word "investigator," after the word "investigator," after the words "the head of the investigation body,"; 6) in the third article, the words "the prosecutor and the investigator" shall be replaced by the words " the prosecutor, Investigator and Investigator "; 7) Article 223, Supplement Third 1: " 3-1. Suspending inquiries may be resumed by order of the procurator or the head of the inquiry unit in the cases provided for in article 211 of the present Code. "; 8) article 224, to be completed by Part Four of the following Content: " 4. If it is impossible to complete the inquiry within the period of up to 30 days and there is no reason to change or abolish the measure of restraint in the form of remand in custody, this period may be extended by a judge of the district court or a military court of the appropriate level in order, In accordance with article 108, paragraph 3, of this Code, at the request of the person conducting the initial inquiry, with the consent of the procurator of an area, city or equivalent military prosecutor for a period of up to six months. "; "The Prosecutor General of the Russian Federation" shall be replaced by the words " of the President of the Russian Federation. "The Prosecutor of the Russian Federation's constituent entity shall be replaced by the words" the head of the Investigative Committee of the Investigative Committee of the Russian Federation in the constituent entity of the Russian Federation ". Article 22 Article 22 Act No. 63-FZ of 31 May 2002 on Bar and the Bar in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2102; 2004, N 35, sect. 3607; N 52, sect. (5267) The following changes: 1) in article 7, paragraph 1 (2), the word ", the prosecutor" delete; (2) in article 25: (a) in paragraph 8, the word ", the prosecutor", delete; (b) in paragraph 10 of the word "prosecutor" delete; 3) in article 31, paragraph 3 (5), the word ", the prosecutor" delete; 4) in the second paragraph of article 35 (2), the word "prosecutor" delete; 5) in article 44: (a) in paragraph 1 of the word "prosecutor" delete; 6) in paragraph 2, the word "prosecutor" should be deleted. Article 23 Article 23: Federal Law of 12 June 2002 N 67-FZ " On basic guarantees of electoral rights and rights of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2253; 2005, N 30, sect. 3104; 2006, N 31, 100 3427; 2007, N 10, est. 1151; N 17, est. 1938; N 18, sect. 2118) The following changes: 1) in Article 29: (a) Paragraph 18 should be redrafted to read: " 18. The decision to open a criminal case against a member of the commission with the right to vote and to involve him as an accused in a criminal case is taken by the head of the Investigative Committee of the Investigative Committee of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION An application to the court for election as a preventive measure against a member of the commission with the right to vote may be initiated with the consent of the head of the Investigative Committee at the Prosecutor's Office of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION A 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 constituent entity of the Russian Federation. "; b) to supplement paragraph 18-1 as follows: " 18-1. Decisions to initiate criminal proceedings against a member of the Central Election Commission of the Russian Federation with the right to vote, the chairman of the electoral commission of the constituent entity of the Russian Federation, and to attract them as accused Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION may be initiated with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation. Member of the Central Election Commission of the Russian Federation with the right to vote, the chairman of the election commission of the constituent entity of the Russian Federation cannot be subjected to administrative punishment imposed by the courts without consent. The Procurator-General of the Russian Federation. "; 2), article 41, paragraph 4, should read: " 4. The decision to institute criminal proceedings against a registered candidate and to bring him or her as an accused in a criminal case may be taken with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation; OF THE PRESIDENT OF THE RUSSIAN FEDERATION An application to the court for election as a preventive measure against a registered candidate may be initiated with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation, head of the Prosecutor's Office of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION A registered candidate shall not be subject to administrative punishment imposed by a court of law without the consent of the prosecutor (election level, respectively). The prosecutor of the Investigative Committee of the Russian Federation, the head of the Investigative Committee attached to the Prosecutor's Office of the Russian Federation, and the prosecutor are obliged to inform the electoral authorities about this. A commission that registered a candidate. ". Article 24 Amend the Code of Civil Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4532) the following changes: 1) in Part 4 of Article 159, the word "prosecutor" shall be replaced by "in the body of inquiry or preliminary investigation"; (2) in Part 3 of Article 226, the word "prosecutor" shall be replaced with the words " to the authorities or preliminary investigation. " Article 42, paragraph 6 of Article 42 of the Federal Law of 10 January 2003 "On elections of the President of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 171; 2005, N 30, est. 3104; 2007, N 18, sect. 2118), amend to read: " 6. The decision to open a criminal case against the candidate and to bring him as an accused in a criminal case may be taken only by the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation. An application to the court to be elected as a preventive measure against a candidate may be initiated with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation. In cases of decision to institute criminal proceedings against a candidate, to bring him or her as an accused in a criminal case, as well as to consent to the institution of a request to the court to be elected as a preventive measure for the The Central Election Commission of the Russian Federation shall be notified immediately by the Chairman of the Investigative Committee of the Russian Prosecutor's Office. The candidate cannot be subjected to administrative punishment imposed by the courts without the consent of the Procurator-General of the Russian Federation. In giving such consent, the Procurator-General of the Russian Federation shall immediately inform the Central Electoral Commission of the Russian Federation. ". Article 26 Article 418, paragraph 6, of article 418 Russian Federation Customs Code (Collection of Russian legislation, 2003, N 22, p. 2066; 2004, N 27, sect. 2711) the words "or the prosecutor" shall be deleted. Article 27 Article 6 of the Federal Law of July 29, 2004 No. 98-FZ "On commercial secret" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3283) the words "prosecutor's offices" should be deleted. Article 28 Article 119-FZ of 20 August 2004 on the State protection of victims, witnesses and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3534; 2005, N 1, est. (25) The following changes: 1) in article 3, paragraph 2, the word "prosecutor," delete; 2) in article 18: (a) in Part 2, the word "prosecutor," delete; b) in Part 5, the word "prosecutor," delete; 3) Article 24, paragraph 3, paragraph 3, the word "prosecutor" shall be deleted. Article 29 Article 6 of the Federal Law of 30 December 2004 N 218-FZ "On credit histories" (Collection OF THE PRESIDENT OF THE RUSSIAN FEDERATION 44; N 30, est. (3121) The following changes: 1) in paragraph 4 of Part 1, the word "prosecutor" shall be replaced by the words "the head of the investigation body"; 2) in Part 13, the word "prosecutor" shall be replaced by the words "the head of the investigation body". Article 30 Article 47, paragraph 3, of the Federal Law of 18 May 2005, N 51-FZ " On elections of deputies to the State Duma OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1919; 2007, N 18, sect. 2118), amend to read: " 3. The decision to open a criminal case against a registered candidate and to bring him as an accused in a criminal case may be taken with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation. An application to the court for election as a preventive measure against a registered candidate may be initiated with the consent of the Chairman of the Investigative Committee attached to the Office of the Procurator of the Russian Federation. A registered candidate shall not be subject to administrative punishment imposed by a court of law without the consent of the Procurator-General of the Russian Federation. The Procurator-General of the Russian Federation, the Procurator-General of the Russian Federation, is obliged to inform the Central Electoral Commission of the Russian Federation when giving its consent. " Article 31 Enact Federal Law of December 1, 2006 No. 199-FZ " On legal proceedings for gross disciplinary material cases of misconduct in the application to military personnel of the disciplinary arrest and OF THE PRESIDENT OF THE RUSSIAN FEDERATION (5089) The following changes: 1) in article 18, paragraph 3 (3) (b), of the words "to the military prosecutor", replace with the words "the head of the Military Investigative Committee of the Investigative Committee of the Procurator's Office of the Russian Federation"; 2) In article 27, paragraph 4 (b), of article 27, replace the words "Military Prosecutor" with the words "the head of the Military Investigative Committee of the Investigative Committee of the Russian Federation." Article 32 1. This Federal Act shall enter into force on 7 September 2007, with the exception of article 26 of this Federal Act. 2. Article 26 of this Law shall enter into force not earlier than one month from the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 24 July 2007 N 214-FZ