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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Improvement Of State Control In The Sphere Of Private Security And Detective Activities

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с совершенствованием государственного контроля в сфере частной охранной и детективной деятельности

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the improvement of the state control in the sphere private security and detective work adopted by the State Duma on December 12, 2008 Approved by the Federation Council on December 17, 2008 Federal laws dated 15.11.2010. N 301-FZ; of 07.02.2011 N 3-FZ; 04.05.2011 N 99-FZ; of 07.12.2011 N 420-FZ Article 1 (Spconsumed by Federal Law of 07.02.2011 N 3-FZ) Article 2 Amend the law of the Russian Federation 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, 2002, No. 1093; 2003, N 2, est. 167; 2005, N 24, 2313; 2006, N 30, sect. 3294; 2007, N 31, est. 4011) the following changes: 1) in article 1: (a) in Part One, to "natural and legal persons having special permission (license) of internal affairs agencies," to be replaced by " physical and legal entities. Persons having special authorization (licence) of the internal affairs agencies and individual entrepreneurs "; b), in the third word of" inquiry ", replace the words" to which this right is granted "; in) supplement part four with the following: " Foreign Citizens of the Russian Federation, citizens of a foreign State, foreign legal entities, as well as those who are founders (participants) of whom the said citizens and persons are present, may carry out private detective work and (or) to participate in its implementation in any form, including the management of a private security organization, only on the basis and within the framework provided for by the international treaties of the Russian Federation. "; 2) In article 2, replace the words "Constitution of the RSFSR" with the words " The Constitution The Russian Federation "; 3) in article 3: (a) the name should read: " Article 3. Types of security and safety services "; b) in part three: paragraphs 2 and 3 should read: " (2) Protection of objects and (or) property (including transportation) owned by ownership, management, operations management or fiducials, except for the facilities and/or equipment referred to in paragraph 7 of this Part; 3) for the protection of objects and (or) property on objects with Implementation of design, installation and maintenance work The technical means of protection, the list of which are set by the Government of the Russian Federation and (or) with appropriate response measures to their advance information; "; to be supplemented by paragraphs 6 and 7, as follows: " 6) to provide an inside object and a gate system, except for the objects provided for in paragraph 7 of this Part; 7) to protect objects and (or) property, and to provide internal and bandwidth facilities modes at sites that are particularly important for security the State and the security of the State and the population and whose list is approved in the order established by the Government of the Russian Federation. "; The Government of the Russian Federation has the right to assist law enforcement agencies in providing law and order, and private detectives are entitled to To assist law enforcement authorities in the prevention and disclosure of Offences, prevention and suppression of administrative offences. Physical and legal persons who do not have the legal status of a private detective, private security guard or private security organization are prohibited from rendering the services provided for in this article. "; 4) (Overtaken by Federal Law of 15.11.2010) N 301-FZ ) 5) in article 5: (a) in Part Two, "as well as the operational radio and telephone equipment", replace the words "in accordance with the laws of the Russian Federation"; b) Part Three. The following wording states: "In the course of its activities, the private investigator must comply with the law of the Russian Federation with respect to the protection of information affecting the personal life and property of citizens."; 6) Article 6: (a) the title should read: " Article 6. The granting of licences to private detectives "; b) Part One, as follows: " The granting of licenses for private detective work shall be done by the internal affairs agencies. The licence is granted for a term of five years and is valid throughout the territory of the Russian Federation. The decision to grant or not to grant a licence shall be made for a period not exceeding forty five days. The Government of the Russian Federation has adopted a regulation on the licensing of private detective activity, which establishes the licensing procedure for this activity and the list of licensing requirements and conditions. "; Part two: the first paragraph should be amended to read: " A citizen, who claims to be licensed to carry out private detective work, is obliged to submit a personal submission to the relevant internal affairs agency A statement indicating his/her family name, name and (if any) The patronymic, the State registration number of the registration of the individual entrepreneor and the data of the document confirming the fact of the entry of the individual entrepreneor into the single state register of individual entrepreneurs. In the fifth paragraph of the fifth paragraph of "special training", replace the words "training"; the words "special means, means of communication and other" delete; g) Part Three to be supplemented with the words ", and to request the appropriate law enforcement, licensing, controlling and supervisory authorities"; d) in Part Four: in the first paragraph of the word "shall not be issued" Replace the words "is not provided"; to supplement paragraphs 8 and 9 of the following content: " 8) to citizens who, according to the results of the inspection carried out in accordance with the legislation of the Russian Federation, are available Conclusion on the impossibility of admission to private detective OF THE PRESIDENT OF THE RUSSIAN FEDERATION Take action to license the private detective work of the federal executive branch, which is responsible for matters of internal affairs, his deputies or the Minister of Internal Affairs, the head of the department of the Russian Federation by the Federation or by persons acting as officers; 9) to citizens who have not passed the mandatory State fingerprinting registration. "; e) Part 6, amend to read: "A citizen who has received a licence to carry out private detective activities shall, at the same time, issue a private investigator's certificate."; ) to supplement parts 7 to 10 reading: " Organs the following powers in the area of licensing private detective activity: 1) granting a license and issuing a private investigator's identity; 2) redesigning documents confirming the existence of a license; (3) suspending and resuming the activity Licence in the cases established by this Law; 4) maintenance and provision of license registers; 5) state control over the compliance of licensees with licensing requirements and conditions; 6) to apply to the court for suspension Licence or revocation of the licence; 7) termination of the licence in the event of a written application by the licensee to terminate the licence of the activity. The private investigators are subject to the procedure established by this Law to license private security activities by suspending licenses and cancellations of licenses, formalizing and redesigning documents, confirming the existence of a licence. The provisions of the legislation of the Russian Federation apply to the relations relating to licensing and not regulated by this Act. The gross violations of private detective work are considered to be: (1) the licensees in the course of the rash services of actions that have resulted in violations of citizens ' rights to inviolability of the home, Secrecy of correspondence, telephone conversations, postal, telegraphic and other communications; (2) licenseth by licensees using prohibited technical means; (3) licensees by the licensee for the purposes of the services, not provided for in article 3, paragraph 2, of this Law, or without the conclusion of a contract provided for in article 9 of this Law; 4) failure to ensure the access of the officials of the licensing authority to their verification activities as provided for in article 20 of this Law, In paragraph 1, after the word "prepared", paragraph (1) should be amended to read as follows: "8) to disclose collected during the course of the treaty event" Customer information, including information regarding the protection of the life and health of citizens and (or) protection of the property of the customer, to use them for any purpose contrary to the interests of the customer or in the interests of third parties, except as provided by the legislation of the Russian Federation; "; in) to supplement paragraphs 10 and 11 with the following content: " 10) to use documents and other information resulting from the implementation The Conference of the Parties, activities; 11) to receive and use information contained in specialized and analytical databases of bodies conducting operational and investigative activities, in violation of the procedure established by law of the Russian Federation. "; 8) Article 8 recognizes no force; 9) in article 9: (a) the name should read: " Article 9. { \field { \field { \field } } { \field { \field } } { \field } { \field { \field { \field { \field } } { \field { \field } } { \field { \field } { \exp; } { \field { \field } { \field { \field { \field } } The Conference of the Parties, the Conference of the Parties, the Conference of the Parties, the Conference of the Parties, the Conference of the Parties, the Conference of the Parties, the International Convention on the Law of the Sea, of the Republic of Kazakhstan. The contract for the delivery of the services and the act of carrying out the works shall be stored for five years. "; in Part Three-5 shall be declared void; 10) in article 11: (a) Part One "enterprises" to be replaced by "organizations" with the words "and licensed by the internal affairs agencies"; b) Part Two, amend to read: " About the beginning and completion of the provision of security services, modification The members of the private security organization are required to notify The internal affairs authorities, in accordance with the procedure established by the Government of the Russian Federation. "; , in the third word of the" enterprise "in the appropriate patédée, replace the word" organizations "with the corresponding" organization "after" armed guards " "supplementing the words" in the order established by the Government of the Russian Federation "; g) Part Four, as follows: " prohibits the armed protection of property in the territories of the Russian Federation ". and the acquisition and use of Arms by private security organizations registered and (or) located in their territories. "; (e) Part 5 of the void; 11) in article 11-1: (a) Part one should read as follows: " The right to acquire the legal status of a private security guard is granted to citizens who have undergone professional training and have passed a qualifying examination, and are confirmed by a private security guard. The procedure for the qualification examination and the issuance of a private security certificate is established by the Government of the Russian Federation. The private security guard works under an employment contract with a private security organization and its work is governed by labour law and by this Act. A private security guard, according to the qualifications obtained, shall enjoy the rights provided for in this Law only during the period of performance of an employment function as an employee of a private security company. "; b) Part Two. 7 to 11 reading: " 7) not trained as a security guard; 8) for which according to the results of the inspection carried out in accordance with Russian legislation THE RUSSIAN FEDERATION Protection activities in connection with the increased risk of violation of citizens ' rights and freedoms, the emergence of a threat to public safety, prepared in accordance with the procedure established by the Government of the Russian Federation and approved by the head The Commissioner is authorized to carry out activities for the licensing of the private security activities of the federal executive branch, which is responsible for matters of internal affairs, his deputies or the Minister of the Interior, Head of Department of Internal Affairs of the Russian Federation The Federation or persons acting as such officers; 9), who terminated the powers of public office, or dismissed from the public service, including law enforcement authorities, from organs OF THE PRESIDENT OF THE RUSSIAN FEDERATION of a public servant, loss of confidence in him, if after such early retirement termination or dismissal of less than three years; 10) of which the identity of the private security guard was withdrawn on the grounds referred to in paragraph 1 of part four of this article, if after the decision on less than a year has passed; 11) failed state fingerprinting registration in accordance with the law of the Russian Federation. "; in) to be completed by Parts 3 to 5 of the following content: " The identity of a private security guard is given a time frame for five years. The validity of a private security guard's certificate may be extended in accordance with the procedure established by the Government of the Russian Federation. Extension of the validity of a private guard's certificate shall not be extended until after qualification in the educational institutions referred to in article 15-2 of this Law. The identity of a private security guard is annuled in case of: 1) repeated solicitation of a private security guard for administrative offences infringing institutions during the year State authorities, administrative offences against the administration of public order and administrative offences against public order and public safety; (2) of the circumstances in which the citizen is not may claim the legal status of private a security guard; 3) the expiry of a private security officer's certificate, voluntary abandonment of the certificate or the death of the citizen to whom the permit has been issued. The identity of a private security guard is annulled by the decision of the internal affairs authority. The procedure for exemption is established by the federal executive authority responsible for matters of internal affairs. "; 12) to supplement articles 11 to 2 to 11 to 6 as follows: " Article 11-2. Licensing of private security activities The granting of licences for private security activities is carried out by the internal affairs agencies. The licence is granted for a period of five years and applies throughout the territory of the Russian Federation. The licence specifies the type (s) of security services that may be provided by the licensee. The decision to grant or not to grant a licence shall be made for a period not exceeding forty five days. The Government of the Russian Federation approves a regulation on the licensing of private security activities, which establishes the licensing procedure for this activity and the list of licensing requirements and conditions for each of the security services provided for in article 3, paragraph 3, of this Law. The Internal Affairs Authorities exercise the following powers in the area of private security licensing: 1) granting a licence; (2) redesigning documents to prove the existence of a licence; (3) suspension and renewal of the licence in the cases established by this Law; 4) maintenance and provision of licence registers; 5) State monitoring of compliance licensing requirements and conditions, as well as requirements Russian Federation law governing the circulation of arms and special funds; 6) to apply to the court for suspension of the licence or revocation of the licence; 7) termination of the licence In case of receipt of a written declaration by the licensee about the termination of the activity in question. Article 11-3. Provision of licences to legal entities for private security activities To obtain a licence to carry out private security activities, the head of an organization is required to submit to the appropriate authority internal affairs: 1) application for a private security licence, which specifies the full name of the legal person, its organizational and legal form, the location of the legal person, the alleged location (expected) type (s) of security services, intention to use technical and other means, weapons, special tools and the need for them; (2) documents for each type of protection provided by the provision for the licensing of private security; (3) a document confirming Payment of the State fee for the granting of the licence. The application is also enclosed: 1) a copy of the constituent documents and a copy of the certificate of state registration of a legal entity; 2) a copy of the certificate of registration in the tax authority. The procedure and conditions for the submission of documents to internal affairs bodies shall be established by the Government of the Russian Federation in the regulation on the licensing of private security activities. Copies of documents not authenticated in due course are presented with the originals. The Internal Affairs authorities are obliged to establish the veracity of the information contained in the documents submitted and the annexes thereto. The reason for refusing a license is that the license applicant does not conform to the licensing requirements and conditions. Article 11-4. Re-processing of the document confirming the existence of a licence to implement a private security activity Document confirming the existence of a licence to carry out private security activities reformatting in the case of: 1) license extension; 2) the intent of the licensee to implement the new (new) security services not specified (not specified) in the license granted; 3) reorganization security organization; 4) name changes the security organization or its location. If the licence or intent of the licensee is extended, a new (new) security service type (s) shall be submitted and the documents for this type of service under the licensing provision shall be submitted. Private security. In case of reorganization of the security organization or change of its name or location, the security organization within fifteen days from the date of the corresponding changes to the single state register of legal entities or from the date of change of its place of residence, it is the duty of the internal affairs authority which issued the licence to file an application with the application of the documents attesting to the circumstances. At the same time, within three days from the date of submission of the application for state registration to the registering body, related to the reorganization of the security organization, or with the change of its name or location, the security organization is in order, The statutory provision for the licensing of private security activities is required to notify the issuing authority of the internal affairs authority. Redesign of a document confirming the existence of a licence to perform private security shall be made in the manner prescribed for the granting of the licence, for a period not exceeding thirty days. The license action is not suspended during the redecorating period. Article 11-5. Suspension of the licence and revocation of the licence The Home Office may suspend the licence in the event of repeated violations or grave breaches of licensing requirements by the licensee; and the conditions set out in part nine of this article. At the same time, the period of removal of the identified violations, which has caused the suspension of the licence, shall be fixed, which may not be more than a month. The suspension of the licence for non-gross repeated violations of licensing requirements and conditions shall not be permitted without prior written warnings by the licensee and without the time being granted for the removal of the licence. violations. If the licensee does not eliminate the licensing requirements and conditions in the prescribed period, the internal affairs authority must apply to the court for suspension of the licence for a period of up to six months, or both Revocation of the license. The license duration for suspension is not extended. A licence may be revoked by a court decision on the basis of an application of the internal affairs authority in the event that a licensee's breach of licensing requirements and conditions entailed a violation of rights, lawful interests, damage OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, with the application to the court, the internal affairs authority is entitled to suspend the license until the court's decision comes into force. The right to decide on the suspension of a licence is granted in the manner prescribed by the Government of the Russian Federation, the head of the federal executive authority responsible for the internal affairs of the Russian Federation. Cases, his deputies, the head of the authorized official for the enforcement of activities for the licensing of private security activities of the federal executive branch, his deputies or the Minister of Internal Affairs, the head of the department Management of Internal Affairs by subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION The decision to suspend the licence or to revoke the licence may be appealed in accordance with the procedure established by the legislation of the Russian Federation. The gross violations of private security activity are considered to be: 1) a violation in the security organization of the rules of arms trafficking established by the law of the Russian Federation, if such violation: resulted in the loss, theft of weapons or their use for criminal purposes; expressed the surrender of a weapon to an employee of a security organization who did not have permission to possess and carry a service weapon or a person who is not of this protection organization; 2) security breach The organization of rules on the circulation of weapons and/or special means established by the legislation of the Russian Federation, if such violation entailed a violation of rights, lawful interests, damage to the health of citizens or other serious offences. Effects; 3) to provide a licensee of security services in the form of armed protection of property without the conclusion of the relevant treaty or without notifying the internal affairs agencies of the commencement of security services, as well as the provision of a licensee security services, using special facilities without appropriate means The contract and without notifying the internal affairs agencies of the commencement of security services; 4) to provide a licensee of services not provided for under its licence or services not provided for in article 3, paragraph 3, of this Law; 5) failure to ensure access by officials of the internal affairs authority during their verification activities under article 20 of this Law to the place where weapons, special tools and (or) official documents are stored; Reflecting the recording and use of weapons and/or special means, or Obstruction of such access. Article 11-6. Maintenance of license registers Maintenance of registers of licences for private security activities and the provision of information are carried out in accordance with the procedure established by the Government of the Russian Federation. "; 13). 12: (a) the name should read: " Article 12. Additional conditions for the implementation of the private guard activity "; b) part one is the following: " Employees of a private security organization are not permitted to combine security activities c Public service or with an elected office in public associations. A private security company employee may not be a founder (participant), leader or other official of the organization with which the private security company has a contract for the provision of security services. In the case of security services using video surveillance, as well as the provision of security services in the form of security of the inside and (or) the bandwidth, the personnel and visitors of the security facility should be informed about this by posting relevant information in places that provide guaranteed visibility during daytime and night time before entering the protected area. This information should contain information about the conditions of the intra-object and the gate regime. "; in Part 4 of the word" enterprises "should be replaced by" organizations ", supplemented by the words", with copies being attached to the treaty to be completed by the employer in accordance with the laws of the Russian Federation "; " A requirement is that employees have a private The security organization providing security services and a personal card of the security guard issued by the internal affairs agencies in accordance with the procedure established by the federal executive authority responsible for matters of internal affairs. Employees of a private security organization have the right to provide security services in special uniforms, unless otherwise stipulated in the contract with the employer. The provision of special uniforms by employees of the private security company should enable them to determine their affiliation with a specific private security organization. Special uniforms and distinctions of employees of private security organizations may not be similar to uniforms and insignia of law enforcement and military personnel, as well as similar to the degree of blending. The procedure for wearing special uniforms for the provision of various types of security services is established by the Government of the Russian Federation. Special coloring, information graffiti and signs on vehicles of private security organizations are subject to agreement with the internal affairs agencies in accordance with the procedure established by the Government of the Russian Federation. "; 14) IV to recognize lap-back; (15) to add IV-1 to section IV-1, as follows: "SECTION IV-1 PRIVATE SECURITY REQUIREMENTS AND INSTITUTIONS FOR PRIVATE DETECTES AND " PRIVATE SECURITY ORGANIZATIONS Article 15 -1. The requirements for private security organizations The private security organization can only be created in the form of a limited liability company and cannot engage in activities other than security. The authorized capital of a private security company cannot be less than 100,000 rubles. The charter capital cannot be less than two hundred and fifty thousand for a private security organization providing (deliberate) services for the armed protection of property and/or services provided for in paragraph 3 of article 3, paragraph 3, of this Law -Ruble. The limit value of property (non-monetary) deposits in the authorized capital of a private security organization cannot be more than 50 per cent of the size of the authorized capital. It is not possible to use the private security company's authorized capital. The charter capital of a private security organization by foreign citizens, citizens of the Russian Federation, citizens of a foreign state, stateless persons, foreign legal entities, and The organizations, which are members of the founders (participants) of which the citizens and persons are present, are prohibited, unless otherwise provided by the international agreements of the Russian Federation. Contribution by the founder (participant) of the private security organization, which resulted in the share capital (contribution) with foreign participation, is not permitted, unless otherwise provided by international treaties of the Russian Federation. A private security organization cannot be a subsidiary of an organization that does not operate except a security guard. For the founder (participant) of a private security organization this activity should be the main activity. The right to establish a private security organization by a legal entity engaging in activities other than a security guard may be granted if there are sufficient grounds in accordance with the procedure established by the Government of the Russian Federation. The branch of a private security organization may be established only in the constituent entity of the Russian Federation, in whose territory a private security organization is registered. Constituents (members) of a private security organization cannot be: 1) public associations; 2) natural and (or) legal entities which do not meet the requirements specified in Part Four of this article; 3) citizens who are in the public service, or substitute for elected office in public associations; 4) citizens who have been convicted of an intentional crime, and Legal entities, including founders (participants) persons; 5) foreign citizens, citizens of the Russian Federation, citizens of a foreign State, stateless persons, foreign legal entities, and organizations, of which there are OF THE PRESIDENT OF THE RUSSIAN FEDERATION Members of the private security organization may be members of the private security organization who have acquired the right to a retirement pension in accordance with the law of the Russian Federation. Private security or private detective work, or appointed (elected) to the public office of the Russian Federation. Persons appointed (elected) to these public offices are prohibited from taking part in the management of the security organization. The head of a private security organization should have higher professional education and be trained for the heads of private security organizations. The presence of a private security guard's private security officer is a mandatory requirement. The head of a private security organization does not have the right to replace the State posts of the Russian Federation, the State posts of the constituent entities of the Russian Federation, the posts of public service, the elected posts in the State and the public associations, as well as to enter into employment relations as an employee, except in the exercise of scientific, teaching and other creative activities. Article 15 -2. Requirements for educational institutions, training private investigators, private security guards, and heads of private security organizations Training and The professional development of private detectives is carried out in the educational establishments of secondary vocational and higher vocational education. Vocational training and development of private security guards is carried out in the educational institutions of additional professional, initial professional, secondary professional and higher vocational training Education. Upgrading the skills of the heads of private security organizations is carried out on the basis of additional vocational, secondary vocational and higher vocational education institutions. Constituents (members) of non-State educational institutions that train private investigators and private security companies cannot be: 1) citizens with a criminal record Intentional crime, as well as legal entities, composed of the founders (parties) of which the persons are present; (2) foreign citizens, citizens of the Russian Federation who have the citizenship of a foreign state, persons without nationality, foreign legal persons and organizations, as part of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION The educational establishments referred to in this article shall have firearms training facilities on the grounds provided for in the legislation of the Russian Federation. The conduct of the shooting is determined by the federal executive authority responsible for matters of internal affairs. Article 15 -3. Training of private investigators, private security guards and managers of private security organizations Requirements to minimize the content of vocational education and training programs The qualifications of private investigators, private security guards and heads of private security organizations are established by the federal executive authority responsible for the formulation and implementation of public policies and regulations. in the field of education, in agreement with The federal executive authority, which is responsible for matters of internal affairs. Training of private investigators and employees of private security organizations in correspondence form and in the form of externality is not permitted. "; 16) in article 16: (a) Part one: " In the course of Private security is permitted to use firearms and special means only in the cases and in the manner prescribed by this Act. The types, types, models, quantities of firearms and ammunition, the order of their acquisition and circulation, and the types and models of special means, the procedure for their acquisition, registration, storage and carrying are regulated by the Government of the Russian Federation. THE RUSSIAN FEDERATION The provision of official firearms is determined on the basis of the requirement for the provision of security services and cannot be more than one unit on two private security guards. "; b) in the first part of the second word" or private detective "delete; in) Part 3: " Private security guards are required to undergo periodic serviceability checks in the context of use of firearms and/or special means. The contents of the periodic inspections, the procedure and the date of their conduct shall be determined by the federal executive authority responsible for matters of internal affairs. "; g) in Part 4 of the word" private detective "; 17) in article 17: (a) in the first word "detective and" delete; b) in the first part of the second word, "detectives and" delete; in the third word "detective (guard)", replace by " "guard", the words "a detective (security guard)" should be replaced by "bodyguard"; 18) In title VI, the word ", liability" should be deleted; 19) Part 2 of article 19 should be amended to read: " Citizens engaged in private security shall be subject to death insurance, OF THE PRESIDENT OF THE RUSSIAN FEDERATION This insurance is provided for private security by the relevant security organization and is included in its cost. "; 20) in article 20: (a) Part One "The Ministry of Internal Affairs of the Russian Federation, other ministries and departments of the Russian Federation" shall replace the words " the federal executive authority which is responsible for matters of internal affairs and other federal bodies of the executive branch. authority "; b) in part two of the word" private detective and security enterprises (associations, associations), educational institutions and security services "replace" with the words " private investigators, security organizations, educational institutions providing training to private investigators and employees of private security organizations, in matters falling within the competence of the internal affairs agencies, in accordance with the procedure established by the legislation of the Russian Federation "; in), to supplement the fourth to tenth parts, as follows: " Officials of internal affairs agencies have the right to conduct Verification of the training of private security guards and heads of security organizations under article 12, paragraph 6, of the Federal Act of 13 December 1996 No. 150-FZ "On arms". Monitoring of compliance by the licensee with the licensing requirements and conditions of the internal affairs authority shall carry out routine and unscheduled inspections within the limits of its competence. The inspections are carried out on the basis of orders issued by the internal affairs authority. Verification of the availability, storage and record-keeping of firearms, cartridges and special equipment is carried out in accordance with the legislation of the Russian Federation regulating the circulation of firearms and special means. Target verification can occur at least once every three years. The duration of the meeting should not exceed one month. The procurator of the constituent entity of the Russian Federation shall be informed of the conduct of an exceptional check. An exceptional check is made in the following cases: 1) if the planned verification revealed violations of the licensing requirements and conditions; 2) if the public authorities and authorities Surveillance (supervision) has received information that threatens the health and lives of citizens in violation of the licensee of Russian legislation regulating the activities of private investigators and private security organizations; (3) if available Treatment of citizens and (or) legal persons with complaints of violations of their rights and The legal interests of the action (s) of the licensee or its employees, and if any other information attested by documents and other evidence of the existence of such a violation has been obtained. As a result of the inspection, the officer in the company shall constitute an act of the prescribed form, a copy of which shall be given to the head of the security organization, the private investigator or his representative under the receipt, or shall be sent by a mail connection with a delivery notice. The provisions of the legislation of the Russian Federation apply to the conduct of the internal affairs agencies of the licensees and not regulated by this Law. "; Revision: " SECTION VIII RESPONSIBILITY FOR THE IMPLEMENTATION OF THE ILLEGAL DETECTIVE AND PROTECTION ACTIVITIES Article 21. Liability for the implementation of the unlawful private detective and security activities Violation of the requirements for private detective and security activities established by this Act, as well as its conditions of implementation entails liability in accordance with the law of the Russian Federation. ". Article 3 Paragraph 6 of Part Two of Article 7 of the Federal Law dated August 12, 1995 N 144-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3349; 2005, N 49, sect. 5128; 2007, N 31, est. 4011), amend to read: " 6. On granting or revoditing a licence to carry out private detective or security activities, to redesign the documents confirming the existence of a licence, on the granting of (extension of validity, cancellation) of a private certificate a guard. ". Article 4 Amend the Criminal Code of the Russian Federation (Collection of Laws of the Russian Federation, 1996, N 25, 100. 2954; 2003, N 50, sect. 4848) The following changes: 1) in article 137: (a) the second part of the first supplement to the words ", or by imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years "; (b) second part of the second supplement with the words" or by imprisonment for a term of one to four years, with disqualification to hold certain positions or engage in certain activities for up to five years years "; 2) in article 138: (a) the second part of the second supplement "or by imprisonment for one to four years"; b) (Spraumed by Federal Law 07.12.2011 420-FZ) 3) Article 203 should read as follows: " Article 203. Exceeding authority by a private investigator or worker of a private security company with a private security guard, , , 1. To act as a private investigator or private security company with a private security officer's credentials, acting outside the limits of the powers established by the legislation of the Russian Federation to regulate the exercise of private security. " Protection and detective activities, which resulted in a significant violation of the rights and legitimate interests of citizens and (or) organizations, or the legally protected interests of the society or the state,- is punishable by a fine of 100,000 to 1,000th. Three hundred thousand roubles or wages or other income shall be punished by imprisonment for the term of up to two years, or imprisonment for the term of up to two years with deprivation of the right to occupy determined posts or to engage in a determined activity for the term of up to two years. 2. The same act committed with the use or threat of violence, or with the use of weapons or special means, and resulting in serious consequences- is punishable by deprivation of liberty for a period of between three and seven years. occupy certain positions or engage in certain activities for up to three years. ". Article 5 Article 5 Act dated December 13, 1996 N 150-FZ "On arms" (Assembly of the Russian Federation, 1996, No. 51, art. 5681; 1998, N 31, est. 3834; 2002, N 26, st. 2516; 2003, N 2, sect. 167; 2007, N 1, est. 21; N 32, sect. 4121; 2008, N 10, sect. (900) The following changes: 1) the first sentence of Part 4 of Article 4 to be supplemented with the words ", GSW should be distinguished from a civilian in the casing of a shell casing"; (2) Article 11 to supplement the fourth content of the following: " The federal executive authority responsible for internal affairs shall have the right to acquire the types, types and patterns of weapons and ammunition provided for in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION temporary use of legal and natural persons in accordance with the legislation of the Russian Federation. "; (3) in article 12: (a) the name after" acquisition of arms "to add" and temporary use " "; b) Part 1 is supplemented with the following sentence:" Private security organizations have the right to acquire service pistols and revolvers, civilian weapons Self-defence, except for the GSW Weapons, as well as the temporary use of official weapons in the internal affairs agencies, in the manner prescribed by the Government of the Russian Federation. "; in part three of the word" and the security services of the organizations " should be deleted; 4) Article 19 should be supplemented with parts three and four: " In accordance with this Federal Law, the internal affairs agencies are entitled to grant temporary use to legal persons with special statutory tasks Arms and ammunition for payment in accordance with the provisions of the The Government of the Russian Federation. The procedure for payment of payment for the temporary use of weapons by legal entities with special statutory tasks and its size, as well as the procedure for reimbursement to the federal executive authority, which is responsible for matters of internal affairs, The Government of the Russian Federation sets out the costs related to the acquisition, storage, transport of these weapons and ammunition, repair and maintenance of weapons. ". 1 Federal Act dated February 8, 1998 N 14-FZ " On Societies with Limited Liability " (Legislative Assembly of the Russian Federation, 1998, N 7, p. 785; 2008, N 18, sect. (1941) After the word "insurance", add ", private security". Article 7 128-FZ "On State fingerprint registration in the Russian Federation" (Russian Law Assembly of the Russian Federation, 1998, No. 31, art. 3806; 2001, N 11, sect. 1002; 2002, N 30, est. 3032, 3033; 2003, N 27, sect. 2700; 2004, N 18, sect. 1687; N 27, est. 2711; 2006, N 31, sect. 3420; 2007, N 24, est. 2832; 2008, N 19, sect. 2094) the following changes: 1) part of the first article 9 to be supplemented with "m" and "n" to read: "m) citizens applying for a licence to do private detective work; n) Citizens who claim to obtain a private security certificate. "; 2) in paragraph 7 of article 11, paragraph 7, of the words" paragraphs "," d "and" e "parts of the first" shall be replaced by "paragraphs", "d", "e", "m" and "n" of Part One. " Article 8 Article 333-33 of the Tax Code of the Russian Federation. N 32, sect. 3340; 2004, N 45, sect. 4377; 2005, N 30, sect. 3117; N 52, sect. 5581; 2006, N 1, sect. 12; N 27, est. 2881; N 43, sect. 4412; 2007, N 1, est. 7; N 31, est. 4013; N 46, st. 5553) add the following subparagraph 87: " 87) for the following actions by the competent authorities relating to the issuance of a private security guard's certificate: Issue of a certificate (duplicate) of a private security guard- 600 roubles; redesign of a private security guard's certificate in connection with the renewal of the validity of the certificate-200 roubles; to amend the private security guard to change the place of residence or other "The data contained in the certificate shall be 100 roubles." Article 9 (Spconsumed by force-Federal Law of 04.05.2011) N 99-FZ) Article 10 Paragraph 3 of Article 1 of the Federal Law of 8 August 2001 N 13134-FZ " On the Protection of Legal Rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3436; 2002, N 44, sect. 4297; 2003, N 2, sect. 169; 2005, N 27, est. 2719; 2006, N 1, est. 17; 2007, N 1, est. (29) Add the following paragraph: "State control over private detective and security activities.". Article 11 Make Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; N 18, sect. 1721; 2003, N 27, sect. 2700, 2717; N 46, st. 4440; N 50, sect. 4847; 2004, N 31, sect. 3229; 2005, N 13, st. 1077; N 30, est. 3131; N 50, est. 5247; 2006, N 31, sect. 3420; 2007, N 26, est. 3089; N 31, st. 4007) the following changes: 1) in article 20.16: (a) of Part 1 and Part 2: " 1. The illegal implementation of private security activities- entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred and two thousand rubles; officials-from 2,000 to 3,000 rubles; and 50,000 rubles ($1,100,000); 2. Illegal execution of private detective work- entails the imposition of an administrative fine on citizens in the amount of between 2,000 and 5,000 rubles; officials-from 4,000 to 5,000 rubles; Legal entities-from 30,000 to forty thousand roubles. "; (b) in Part 3: the first addition to the words" or in violation of statutory requirements "; in the second paragraph of the second word" from 2,000 to three thousand In the words of the Russian president, the rouble will replace the words "from 4,000 to 5,000 rubles". In the second part of the second part 4, the words "from one thousand to one thousand rubles" were replaced by the words "from one thousand five hundred rubles to two thousand rubles", the words "detective or" delete, the words "from 2,000 to 3,000 rubles" were replaced by the words "from 3,000 to 2,000 rubles". In the second paragraph of article 20.24, the words "one thousand to two thousand roubles", the words "detective or" and the words ", the security services in the organizations" should be deleted, the words " One thousand to two thousand rubles "to be replaced by the words" from one thousand to five thousand rubles "; (3) In Article 23.3: a) in Part 1, the words "detective and" and the words ", the security services in the organizations", delete; (b) in paragraph 1 of Part 2 of the words "detective and" and the words ", the security services in the organizations)" should be deleted. Article 12 Part 3 of Article 11 of the Federal Law of 6 March 2006 N 35-FZ "On Countering Terrorism" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1146) to supplement paragraph 14 with the following: "14) limitation or suspension of private detective and protection activities.". Article 13 Admit invalid: 1) paragraphs 5 to 8, the twenty-first and twenty-second article 4 of the Federal Law of 10 January 2003 N 15-FZ " On introducing modifications and additions to some of the THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION (167); 2) paragraphs of the 81st and 82nd subparagraphs of article 1, paragraph 9, of the Federal Act of 2 July 2005 N 80-FZ " O Amendments to the Federal Law "On the licensing of certain activities", the Federal Law "On protection of the rights of legal persons and individual entrepreneurs in the conduct of state control (supervision)" and the Code of the Russian Federation for administrative offences " (Legislative Assembly Russian Federation, 2005, 2719). Article 14 1. This Federal Act shall enter into force on 1 January 2010, with the exception of article 2, paragraph 11, and article 8 of this Federal Act. 2. Article 2, paragraph 11, of this Federal Law shall enter into force on 1 July 2009. 3. Article 8 of this Federal Law shall enter into force on 1 January 2009, but not earlier than one month from the date of its official publication. 4. The licence to conduct private detective and security activities issued prior to the date of entry into force of this Federal Act shall be maintained until such licences are expired if the licensee fulfils the requirements, established by this Federal Act. 5. In the event that a private security organization refuses to own the property of the private security organization and its free transfer to the federal state property (the operational administration of the internal affairs agencies), this private security company The organization has the right to receive the same weapons in temporary (indefinite) use, unless there are other grounds for prohibiting or restricting the circulation of transferred service weapons in accordance with the law of the Russian Federation. In this case, there is no charge for the temporary use of the service weapon. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 22, 2008 N 272-FZ