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On Public Control Over The Human Rights Situation In Places Of Forced Detention And On The Assistance To Persons In Places Of Detention

Original Language Title: Об общественном контроле за обеспечением прав человека в местах принудительного содержания и о содействии лицам, находящимся в местах принудительного содержания

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RUSSIAN FEDERATION FEDERAL LAW On the public control of the enforcement of human rights in places of enforced detention and on the promotion of persons in the field forced content adopted by the State Duma on May 21, 2008 Approved by the Federation Council on 30 May 2008 (In the wording of federal laws dated July 1, 2010. N 132-FZ; of 03.12.2011 N 378-FZ; of 06.12.2011 N 411-FZ; of 02.07.2013 N 185-FZ; of 02.11.2013. N 294-FZ; of 25.11.2013 N 317-FZ; dated 21.12.2013. N 378-FZ; dated 01.12.2014 N 419-FZ; of 12.02.2015 N 14-FZ; of 28.11.2015 N358-FZ Article 1. The subject of regulation of this Federal Law 1. This Federal Act sets out the legal basis for the participation of public associations in the public monitoring of the enforcement of human rights in places of detention (hereinafter referred to as "public control") and to assist persons who are in the process of detention. Places of forced detention, including the creation of conditions for their adaptation to life in society. 2. This Federal Act does not derogate from the rights of public associations, public councils, bodies and commissions to exercise public control in accordance with other legal acts of the Russian Federation. Article 2. Basic concepts For the purposes of this Federal Act, the following basic concepts are used: 1) persons in places of detention-persons placed in administrative detention Arrest and administrative arrest; military personnel subjected to disciplinary arrest; persons detained on suspicion of having committed a crime and (or) accused of having committed a crime of imprisonment (hereinafter referred to as suspects and/or accused persons); convicted persons liberty; minors in temporary holding centres for juvenile offenders (hereinafter referred to as juvenile offenders); juveniles in special educational institutions Closed-type institutions (hereinafter referred to as "closed-type") and detention facilities; foreign nationals and stateless persons subject to administrative expulsion from the Russian Federation Deportation, foreign nationals and stateless persons, OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation on readmission, but without legal basis for the stay (residence) in the Russian Federation and those in the special institutions referred to in paragraph 2 of this article; Federal laws dated 02.07.2013 N 185-FZ; dated 12.02.2015 N 14-FZ ) 2) places of detention-statutory places of administrative detention and administrative arrest; places of service of a disciplinary arrest; places of detention of suspects; and Accused persons (remand centres of the penal correction system, temporary holding facilities of suspects and accused in the internal affairs and border agencies of the Federal Security Service); establishment of the penal correction system; (...) (...) (a) Disciplinary units; disciplinary units; temporary detention centres for juvenile offenders; The establishment of a federal executive body exercising law enforcement functions, monitoring, supervision and provision of public services in the field of migration, or its territorial authority, intended for the maintenance of foreign nationals. Nationals and stateless persons to be administered by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION In the wording of the Federal Law No. N 14-FZ) Article 3. Legal regulation of public control and assistance to persons in places of detention Legal regulation in the field of public control and assistance to persons in In accordance with the Constitution of the Russian Federation, the universally recognized principles and norms of international law, the international treaties of the Russian Federation and the Federal Constitutional Law February 26, 1997 N 1-FK " On the Human Rights Ombudsman in the Russian Federation ", Federal Law The Public Chamber of the Russian Federation, this Federal Law, other federal laws. Article 4. The principles of public control and assistance to persons in the field forced content 1. Public control and assistance to persons in places of detention are carried out on the basis of the principles of the primacy of human rights, voluntarism, equality, objectivity and the rule of law. (In the wording of the Federal Law of 6 December 2011) N 411-FZ 2. In the exercise of public control and assistance to persons in places of detention, no intervention may be permitted in the search, criminal procedure and administrative proceedings. Offences. Article 5. The subjects of the exercise of public control and assistance to persons in the field forced detention 1. Public control under this Federal Law shall be exercised by: 1) public monitoring commissions formed in the constituent entities of the Russian Federation in accordance with the procedure established by article 10 of this Federal Law (hereinafter referred to as the community monitoring commissions); (2) members of public monitoring commissions. 2. In accordance with this Federal Law, public associations of and socially oriented non-profit organizations are engaged in support of persons in places of forced detention. (B) The wording of the Federal Law of 6 December 2011. N 411-FZ) Article 6. The goals and tasks of public oversight commissions 1. Public monitoring commissions operate on an ongoing basis in accordance with the procedure established by this Federal Act and other regulatory legal acts of the Russian Federation in order to facilitate the implementation of State policy in the field of human rights. Ensuring human rights in places of detention. 2. In the constituent entity of the Russian Federation one social monitoring commission is formed, which carries out its activities within the territory of the constituent entity of the Russian Federation. 3. The main tasks of the public monitoring commission are: (1) the exercise of public control over the enforcement of human rights in places of forced detention in the territory of the constituent entity of the Russian Federation, formed by a public monitoring commission; (2) preparation of decisions in the form of opinions, proposals and appeals (hereinafter referred to as decisions) on the results of public control; 3) assistance social associations, social associations, the authorities of the places of detention, the authorities of places of detention, the authorities of the constituent entities of the Russian Federation, local authorities, other bodies operating within the territory of the entity OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 6 December 2011) N 411-FZ) 4. Public monitoring commissions are not legal persons. Article 7. By remaining a public watchdog commission 1. The Council of the Civic Chamber of the Russian Federation (hereinafter referred to as the Council of the Public Chamber) shall establish, for each constituent entity of the Russian Federation, the number of a public monitoring commission, which shall not be less than five or more class="ed"> forty members. In the wording of the federal laws of 1 July 2010, N 132-FZ; of 06.12.2011 N 411-FZ) 2. The Council of the Public Chamber, following the formation of a public monitoring commission, may decide to change the size of the public monitoring commission within the limits set by Part 1 of this Article. (Part of the addition is the Federal Law of July 1, 2010. N 132-FZ) Article 7-1. The Code of Ethics for Members of the Public observatory commissions The members of the public monitoring commissions are guided by the Code of Ethics of the members of the Public Monitoring Commissions (Daley). The Code of Ethics, which is approved by the Public Chamber of the Russian Federation on the advice of the Council of the Public Chamber. (The article is supplemented by the Federal Law of 06.12.2011). N 411-FZ Article 8. Public Monitoring Commission Regulation 1. The Public Monitoring Commission shall carry out its activities in accordance with the procedure established by the rules of procedure of the public monitoring commission, which shall be approved at its first meeting by a majority vote of the total number of its members. (...) (...) N 411-FZ 2. The regulation of the public monitoring commission establishes order: (1) meetings of the public monitoring commission, their frequency and eligibility; (2) to prepare and consider issues at the meeting of a public monitoring commission; (3) adopting and formalizing the decisions of the Public Monitoring Commission; 4) carrying out other forms of activity of the public monitoring commission in accordance with this Federal Act. by law. Article 9. The operation of the public observer commissions 1. The public association, which has nominated a candidate for appointment as a member of a public monitoring commission, shall, in accordance with article 10 of this Federal Act, be reimbursed by a member of the Public Monitoring Commission The costs related to the exercise of its authority and the provision of logistical and information support for the activities of the relevant public monitoring commission. 1-1. The State authorities of the constituent entities of the Russian Federation and the local self-government bodies are entitled to provide financial, property, consulting, information and other support to the public monitoring commissions. (Part of the addition is the Federal Law of 6 December 2011. N 411-FZ 2. The activities of public monitoring commissions may also be carried out by other means not prohibited by federal law. Article 10. Education of the public oversight commissions and powers of members of the public oversight commissions (In the wording of Federal Law dated July 1, 2010. N 132-FZ) 1. The Secretary of the Public Chamber of the Russian Federation (hereinafter referred to as the Secretary of the Public Chamber of the Russian Federation) shall be the Secretary of the Public Chamber of the Russian Federation at least 90 days before the expiry of the term of office of the public monitoring commission, as well as in the cases provided for in article 11, paragraphs 2 and 3, of this Federal Law. The Public Chamber shall place in the Russian Gazette and periodicals, founders (co-founders) of which the founders (co-founders) of which are the bodies of the State authorities of the constituent entity of the Russian Federation, notification of the commencement of the nomination procedure for the public of the new composition (hereinafter referred to as the notification). 2. The right to stand as a candidate for the social monitoring commission shall have an all-Russian, interregional or regional public association with State registration, which has been active for at least five years The Conference of the States members of the Commission on Human Rights, The governing collegiate body of a public association may nominate up to two candidates for the public monitoring commission. 3. The public associations are not allowed to stand for election to the Public Monitoring Commission, which, in accordance with Federal Law dated July 25, 2002, 114-FZ "On counteraction to extremist activities" issued a warning in written form on the inadmissibility of extremist activities, within one year from the date of delivery if it has not been declared illegal by a court, as well as public Associations whose activities have been suspended in accordance with the said Federal Act, if the suspension has not been declared unlawful by a court. 4. Not later than 60 days from the date of the publication of the notification, the public association shall send to the Secretary of the Public Chamber the application for nomination of the candidate to the Public Monitoring Commission. The application must be enclosed: 1) a decision by the public association's governing collegiate body; 2) a notarized copy of the document confirming the fact that the public association has been written into one State register of legal entities; 3) tired of public association; 4) information on the activities of the public association; 5) information about the candidate members of the Public Monitoring Commission, Compliance of the candidate with the requirements of the article 12 of this Federal Law; 6) a candidate's written statement confirming his wish to join the public monitoring commission. 5. The Secretary of the Public Chamber shall have the right to appeal to the appropriate bodies to verify the information of the candidate for membership of the Public Monitoring Commission and put forward the public association submitted in accordance with the present report. and article 12 of this Federal Act. The authorities are required to report the results within 10 days. 6. The Council of the Public Chamber shall consider statements and other material provided for in part 4 of this article and received not later than 60 days from the date of publication of the notice, and within a period not exceeding 80 days from the date of publication. The notification shall decide whether to appoint a member of the public oversight commission or to reject the proposed candidate. The result of the consideration of the application for nomination of the candidate for the social monitoring commission shall be reported to the public association, which nominated the candidate. (In the wording of the Federal Law of 6 December 2011) N 411-FZ 7. Within 10 days from the date of the Council of the Public Chamber's decision to appoint a member of the Public Monitoring Commission in the manner determined by the Council of the Public Chamber, a member of the public monitoring commission shall be given a member's mandate of the Public Monitoring Commission. The Board of the Public Chamber shall approve the sample of the said mandate. The mandate specifies the constituent entity of the Russian Federation, in which the public monitoring commission is formed, and the term of office of a member of the public monitoring commission. The mandate entifies a member of the Public Monitoring Commission to exercise its powers in the territory of the said entity of the Russian Federation and during that period. 8. The Secretary of the Public Chamber informs the heads of the federal executive authorities who are in charge of the place of compulsory detention, the federal executive body, which is authorized in the field of State registration Commissioner for Human Rights in the Russian Federation, the Commissioner for Children's Rights of the Russian Federation, and the Presidential Commissioner for the Russian Federation Protection of the Rights of Entrepreneurs of the Rights of the child in the relevant constituent entity of the Russian Federation, the Commissioner for the Protection of Entrepreneurs ' Rights in the relevant subject of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the wording of the federal laws of 1 July 2010, N 132-FZ; dated 03.12.2011 N 378-FZ; of 02.11.2013. N 294-FZ 9. The Public Monitoring Commission shall be an constituted , if appointed by not less than two thirds of its authorized strength, in accordance with article 7 of this Federal Act. The meeting of the public monitoring commission shall be valid if not less than half of the appointed members of the public monitoring commission are present. (In the wording of the Federal Law of 1 July 2010, } N 132-FZ) 10. In the event that a public oversight commission is not formed in the competent authority, at least three collegial bodies of public associations with the right to be nominated for membership in the public The Supervisory Commission is entitled to appeal to the Secretary of the Public Chamber with a proposal to continue the procedure of formation of the public monitoring commission in the relevant constituent entity of the Russian Federation. This is the basis for initiating the procedure for the further nomination of candidates for the public monitoring commission in accordance with the procedure set out in parts 1 to 8 of this article. (In the wording of the Federal Law of 1 July 2010, } N 132-FZ) 11. The term of office of the public watchdog commission is set at three years. (In the wording of the Federal Law of 1 July 2010, } N 132-FZ) 12. The first meeting of the public monitoring commission should be held no later than 30 days from the date on which it was formed in the entitled composition. At the first meeting of a public monitoring commission, its rules are approved, the chairperson of the commission and his deputy (deputies) are elected. (In the wording of the Federal Law of 1 July 2010, } N 132-FZ 13. The powers of the Public Monitoring Commission shall be terminated as from the day of the first meeting of the public monitoring commission of the new composition, except in the cases provided for in article 11, paragraphs 2 and 3, of this Federal Law. 14. A member of the Public Monitoring Commission shall be given the terms of office of the public monitoring commission to which it is a member. 15. Secretary of the Public Chamber in the "Russian Gazette" and periodicals, founders (co-sponsors) of which are the constituent bodies of the State authorities of the constituent entity of the Russian Federation, puts: 1) a message that the public monitoring commission is formed in the authorized composition; (In the wording of Federal Law dated July 1, 2010. N 132-FZ (2) a suspension or termination of the membership of the Public Monitoring Commission; (3) information on the composition of the Public Monitoring Commission and its changes; 4) Information on the location of the Public Monitoring Commission. Article 11. Suspension and termination of the membership of the Public Monitoring Commission 1. The activities of the public monitoring commission shall be suspended by the Council of the Public Chamber since the loss by the public monitoring commission of the competence set out in article 10, paragraph 9, of this Federal Act, as well as by of the Russian Federation 2. In cases of repeated violations of the Constitution of the Russian Federation by a public oversight commission, federal constitutional laws, federal law and other federal laws or the systematic implementation of public The Supervisory Commission of activities contrary to its objectives, the council of the Public Chamber, upon presentation of the procurator of the respective constituent entity of the Russian Federation, may decide to terminate the activity of the public observatory. Commission. 3. The activities of the social monitoring commission shall be recognized by the Council of the Public Chamber as terminated if it is not formed in the competent authority in the manner prescribed by article 10, paragraph 10, of this Federal Act. of the law. (In the wording of the Federal Law of 1 July 2010, } N 132-FZ) Article 12. Members of public monitoring commissions 1. A member of the social monitoring commission may be a citizen of the Russian Federation who has reached the age of 25 years and has experience in the field of protection of citizens ' rights. The members of the Public Monitoring Commission carry out their activities on the social front. 2. A member of the Public Monitoring Commission shall not be a person who has a criminal record or has been declared by a court to be incompetent or of limited competence. The same person may not be appointed as a member of the social monitoring commission of one constituent entity of the Russian Federation more than three times in a row. 3. The members of the public monitoring commissions are not allowed to be lawyers, prosecutors, persons acting in public office of the Russian Federation, positions of the federal public service, State positions of subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 13. Suspension of the powers of a member of the public Supervisory Commission 1. The term of office of a member of the Public Monitoring Commission shall be suspended if one of the following grounds: 1) the administrative detention of a member of a public monitoring commission for more than three hours (if, in the case of He is in the process of administrative detention, which is subject to administrative detention, during administrative detention; (2) involving a member of the public the monitoring commission as a suspect or accused-from the moment The actual detention of him as a person suspected of having committed an offence, pending the cessation of criminal proceedings against the person in relation to the absence of the crime or the commission of an offence, or The entry into force of the acquittal of the court in his case; (3) appointment of a member of the Public Review Commission of an administrative penalty in the form of administrative arrest-at the time of administrative arrest. 2. The Secretary of the Public Chamber and the relevant public monitoring commission shall be notified in accordance with article 27.3, part 4 to 2, of the Administrative Code of the Russian Federation, in the case referred to in paragraph 1 of Part 1 of this Article. of offences and in the cases referred to in paragraph 2 of part 1 of this article, in accordance with part of article 96, paragraph 1, and article 108, paragraph 12, of the Code of Criminal Procedure of the Russian Federation. (In the wording of the Federal Law of 1 July 2010, N 132-FZ) Article 14. Discontinuation of the powers of a member of the public Supervisory Commission 1. The powers of a member of the Public Monitoring Commission shall cease when one of the following grounds exists: 1) the expiry of the term of office of the public monitoring commission to which it belongs; 2) pursuant to article 12, paragraph 3, of this Federal Law; 3) a petition by a member of the Public Monitoring Commission to the Secretary of the Public Chamber with a written declaration of withdrawal from the public of the Supervisory Commission-from the date of application; 4) entry into The legal effect of the conviction of a court against a member of a public monitoring commission or a court decision to impose coercive measures of a medical nature; 5) the entry into force of the court's decision on recognition A member of a public monitoring commission of incompetent or limited dispositive capacity; (6) loss of a member of the public oversight commission of citizenship of the Russian Federation or acquisition of the citizenship of a foreign state; 7) the entry into force of a court decision on the recognition of a member the public oversight commission of the missing; 8) the death of a member of the Public Monitoring Commission or the entry into force of a court decision declaring him dead; 9) the council's decision The Public Chamber, adopted on the submission of the relevant public monitoring commission, or the governing collegiating body of a public association, which nominated a member of the Public Monitoring Commission, in the case of Improper performance by a member of the public oversight commission Obligations under this Federal Act or gross violation of the Code of Ethics by a member of the Public Oversight Commission; (as amended by the Federal Act dated 06.12.2011 N 411-FZ ) 10) liquidation, as well as reorganization in the form of separation of the public association that nominated a member of the Public Monitoring Commission; 11) termination of the activities of the public of the observation commission. 2. The Public Monitoring Commission shall, within three days, inform the Secretary of the Public Chamber of the termination of the powers of a member of the public monitoring commission and the grounds for the early termination of powers, except in the case of as provided for in paragraph 3 of part 1 of this article. 3. In case of the early termination of the powers of a member of the Public Monitoring Commission on one of the grounds referred to in paragraphs 2 to 9 of Part 1 of this article, the public association which has nominated it, as well as the voluntary association specified in Article 10, paragraph 2, of this Federal Act has the right to propose a different candidate for membership in a public monitoring commission. The public association shall send the secretary of the Public Chamber within a period not exceeding 30 days after the termination of the powers of a member of the public monitoring commission, the application for the nomination of a candidate for the social monitoring commission and other material provided for in article 10, paragraph 4, of this Federal Act. The Council of the Public Chamber shall decide on the appointment of a member of the public observatory within a period not exceeding 20 days from the receipt by the Secretary of the Public Chamber of the nomination of a candidate for the social monitoring commission. commissions or the rejection of the proposed candidate. (Part of the addition is the Federal Law of 6 December 2011. N 411-FZ) Article 15. The activities of the public observatory Commission 1. The main forms of activity of the public monitoring commission are: 1) to visit places of compulsory detention for the exercise of public control in accordance with the procedure established by this Federal Law, other federal states. Laws; 2) Consideration of proposals, statements and complaints by persons in places of detention, other persons who have become aware of the violation of the rights of persons in detention; 3) Preparation of decisions on the results of public control. The decisions of the public monitoring commission are recommendations; (4) sending materials based on the results of the exercise of social control by the Commissioner for Human Rights in the Russian Federation, class="ed"> under the President of the Russian Federation for the Protection of Entrepreneurs 'Rights, the Commissioner for Human Rights in the relevant constituent entity of the Russian Federation, the Commissioner for the Protection of Entrepreneurs' Rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Commission, the mass media, the relevant federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the local authorities and other competent state bodies or their bodies. officials; (In the drafting of federal laws dated 06.12.2011 N 411-FZ; of 02.11.2013. N 294-FZ 4-1) to the Presidential Commissioner for Children's Rights, Commissioner for Children's Rights in the constituent entities of the Russian Federation On the basis of public monitoring of the rights of minors, pregnant women and women with children in the children's homes in correctional facilities; (Para. dated 03.12.2011 N 378-FZ) 5) interaction on matters relating to its activities with the State authorities of the Russian Federation, State bodies other than State bodies, local authorities Self-government and their officials, the Commissioner for Human Rights in the Russian Federation, the Commissioner for the President of the Russian Federation for the Rights of the Child, and the Office of the President of the Russian Federation THE RUSSIAN FEDERATION Rights of the child in the constituent entities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION and by other actors as they see fit; (B Federal Law dated 03.12.2011 N 378-FZ; of 02.11.2013. N 294-FZ) 6) participation in accordance with the penal enforcement legislation of the Russian Federation in the work of the commissions of correctional institutions in deciding on the transfer of convicted persons from the same conditions of serving their sentence others; (7) holding events (public discussions, hearings) on their activities. 2. The heads of the executive authorities of the constituent entities of the Russian Federation are entitled to involve the public monitoring commission in the work of the public councils established under the relevant executive authorities of the constituent entities of the Russian Federation. The Federation, on matters relating to the activities of the Public Monitoring Commission. In this case, the heads of the executive bodies of the constituent entities of the Russian Federation shall ensure the participation of members of the public monitoring commission in the work of the said public councils. 3. The Public Monitoring Commission has the right to participate in other activities not inconsistent with this Federal Act and other federal laws to achieve the goals and objectives defined by this Federal Law. 4. The planned visits to places of detention by a public monitoring commission, indicating scheduled visits to places of detention and the date of the visit, notify the appropriate territorial body of the federal authority The executive authority, which is responsible for the appropriate places of detention, has the right to notify the prosecutor of the relevant constituent entity of the Russian Federation equivalent to it of military procurators and procurators of the specialized agencies. Prosecutor's Office (...) (...) N 411-FZ) Article 16. Credentials of members of the public oversight commission 1. Members of the Public Monitoring Commission in the exercise of public control to the right: 1), composed of not less than two members of the public monitoring commission, without special permission, in the appropriate appropriate The federal executive authority responsible for holding places of detention is to visit places of detention in accordance with the rules of the internal regulations. The members of the public monitoring commission are entitled to visit the cells, the punishment cells, the fixed offices, the pleasure-yard, the library, the dining room, the punishment cells and disciplinary cells, the isolation cells, the premises for the personal safety of the persons, The provisions of article 2, paragraph 1, of the present Federal Act, other places of places of detention, with the exception of objects and installations for which the consent of the administration of places of detention is required; Federal Act dated 06.12.2011 N 411-FZ ) 2) To communicate with persons referred to in article 2, paragraph 1 of this Federal Act (excluding suspects and accused persons), in the conditions and in the manner prescribed by the penal correction system. OF THE PRESIDENT OF THE RUSSIAN FEDERATION title= " ">, 06.12.2011 N 411-FZ ) 3) To interview suspects and (or) accused persons in custody on the enforcement of their rights in places of detention under conditions allowing the representative of the administration of the person concerned The place of detention is to be seen and heard, and in accordance with the procedure established by the penal enforcement legislation of the Russian Federation, other federal laws, normative legal acts of the Russian Federation; 4) in of the Russian Federation To consider proposals, statements and complaints by persons held in places of detention, other persons who have become aware of the violation of the rights of persons in detention; 5) in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Supervisory Commission; 6) access Ensuring human rights in places of detention for officials of the administration of places of detention, institutions and bodies of the penal correction system, procuratorial bodies and the federal executive authorities and their territorial bodies, which are responsible for holding places of detention, executive bodies of the State authorities of the constituent entities of the Russian Federation. (...) (...) N 411-FZ 2. In the exercise of their powers, members of the Public Monitoring Commission are required to comply with the provisions of the regulatory legal acts governing places of detention, as well as to comply with the lawful requirements of the local authorities Enforcement. The conduct of public scrutiny should not impede the exercise of due process. 3. During the period of special conditions in places of detention, the powers of members of the public monitoring commission to visit these places shall be carried out with the consent of the head of the federal executive branch or of the executive branch of the executive branch. The territorial entity responsible for the detention of the relevant places of detention. (...) (...) N 411-FZ) 4. Members of the social monitoring commission for the purposes and decisions of the tasks defined by this Federal Law are entitled to participate in other activities not contrary to this Federal Law and other regulatory legal acts. Russian Federation. Article 16-1. Exercise of public control over ensuring the right of persons in places of detention to protect health 1. Members of the social monitoring commissions shall monitor compliance with the requirements of the legislation of the Russian Federation on the protection of the health of citizens and the requirements of article 16 of this Federal Law, ensuring the rights of persons, in places of detention, to health protection while in places of detention, while temporarily placing them in medical facilities. The monitoring of the right to health of persons in places of detention may also be carried out at fixed (final or intermediate) locations for the movement of such persons. 2. Members of public monitoring commissions to monitor the enforcement of the right of a person in a place of detention to health protection may, with the consent of that person or his/her legal representative, meet Medical documentation of his or her state of health, interview medical assistance with persons in places of detention, medical facilities. Federal law dated 06.12.2011 N 411-FZ) Article 17. Restrictions on the activities of a member of the public observer commission 1. A member of the Public Monitoring Commission shall not exercise public control at the place of compulsory detention if there is a close relative (spouse), parents, children, adoptive parents, adopted children, siblings. Sisters, Grandfather, Grandmother, grandchildren) and, if a member of the Public Monitoring Commission is a victim, witness, defence counsel or other person involved in a criminal case involving a person in place Enforcement. 2. If the circumstances specified in part 1 of this article are present, the head of the force shall be entitled, in accordance with his order or by order, to prevent a member of the public monitoring commission from being subjected to coercion Table of contents. A copy of the order or instruction shall be transmitted to a member of the Public Monitoring Committee upon his request or shall be sent to a public monitoring commission within two working days. The order or instruction of the head of the place of detention may be appealed by a member of the public monitoring commission to a higher authority or to a court. (...) (...) N 411-FZ 3. A member of the Public Monitoring Commission shall not be entitled to receive material remuneration for his or her activities for the exercise of public control. Article 18. Ensuring the safety of members of the public Supervisory Commission The administration of the place of detention ensures the safety of the members of the public monitoring commission and arranges for them to accompany them Visits to places of detention. Article 19. Procedure for the consideration of opinions, proposals and appeals by a public monitoring commission by the State bodies, local authorities and officials authorities, local authorities and officials shall consider the opinions, proposals and requests of the public monitoring commission sent to them and inform the public on the outcome of the examination of the opinions, proposals and in accordance with the Russian Federation's legal acts THE RUSSIAN FEDERATION Article 20. Inadmissibility of disclosure by members of the public observer commission of the preliminary investigation 1. The member of the Public Monitoring Commission shall not disclose the preliminary investigation data that has become known to him in the exercise of his powers, except in the cases provided for in the criminal procedural legislation of the Russian Federation. THE RUSSIAN FEDERATION 2. The person conducting the initial inquiry or the investigator shall, where appropriate, inform a member of the Public Monitoring Commission of the impermissibility of disclosure of the preliminary investigation that has become known to him in the exercise of his powers, than a member of the Public Monitoring Commission shall issue a notice of criminal liability under article 310 of the Criminal Law of the Russian Federation). Article 21. { \cs6\f1\cf6\lang1024 } Support { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Voluntary associations of, socially oriented non-profit organizations assist persons in places of detention in order to create favourable conditions for their content, the conditions for their adaptation to society. Voluntary associations of, socially oriented non-profit organizations assist the administration of the penal institution in order to correct offenders sentenced to deprivation of liberty. This assistance is carried out in forms and in the manner prescribed by this Federal Law, other regulatory legal acts of the Russian Federation. (In the wording of Federal Law dated 06.12.2011 N 411-FZ 2. In order to assist persons in places of forced detention, voluntary associations, socially oriented non-profit organizations are obliged to coordinate with the administrations of places of detention Planned activities, dates and the indication of personal data (surname, name, patronymic) of the participating representatives of public associations, socially oriented non-profit organizations. (In the wording of the Federal Law of 6 December 2011) N 411-FZ) Article 22. Forms of support for voluntary associations of persons, in places of forced detention 1. The main forms of assistance to persons in places of detention are: 1) to participate in the issues of their labour, housing and housing, and to address issues related to their care Medical care and other guarantees established by legislation in the field of health care and legislation of the Russian Federation on social services; (In the wording of Federal Law dated 25.11.2013 N 317-FZ ) (2) participation in the development of persons who are subject to administrative detention, suspects and (or) accused persons sentenced to deprivation of liberty, in cases where they need to be placed in the medical organizations or organizations of social services, or they need an outsider; (In federal laws from 25.11.2013. N 317-FZ; dated 28.11.2015 N 358-FZ) 3) participation in ensuring their freedom of conscience and religion; 4) to assist the administration of the place of forced detention in the creation of new jobs for sentenced prisoners; Placement of production orders in correctional facilities and their enterprises; 5) to assist the administration of the place of forced detention by persons in places of forced detention education, vocational training and secondary education and higher education; (In the wording of the Federal Law of 2 July 2013, N 185-FZ) 6) to assist the administration of the educational institution in the organization of the educational process; 7) to provide assistance to the administration of the place of detention in the organization of leisure activities for convicted persons Depriation of liberty, juvenile offenders (organization of concerts, exhibitions, lectures, films and videos, other cultural and educational events), legal education of convicted persons to deprivation of liberty liberty, juvenile offenders; 8) To assist the administration of the place of detention in improving library services for suspects and (or) accused persons sentenced to deprivation of liberty, juvenile offenders, and their subscriptions to newspapers and magazines, Equiequipping sports facilities in institutions that execute punishment, providing them with sports equipment and equipment; 9) assisting the psychological service of the institution executing sentence; 10) participation in training sentenced to deprivation of liberty for the prevention of dangerous Infectious diseases; 11) participation in activities to promote good behaviour, healthy lifestyles, maintenance and enhancement of socially useful links between prisoners and minors offenders; 12) participation in board of trusteboards in correctional institutions; (In the wording of Federal Law dated 21.12.2013. N 378-FZ) 13) to assist in maintaining and strengthening links between convicted persons, juvenile offenders and their families, and contacts with persons and organizations held in the limits of places of detention; 14) to assist in ensuring the activities of the relevant public monitoring commissions; 14-1) to participate in the implementation of measures to eliminate discrimination Disability against persons in the field Forced detention and persons with disabilities; (The paragraph is supplemented by the Federal Law of 1 December 2014). N 419-FZ) 15) provide material support to places of detention in order to strengthen their material and technical base; 16) other forms of assistance. 2. Public association, socially oriented non-profit organization may participate in other activities aimed at improving the functioning of places of detention that are not contrary to the present OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 411-FZ) Article 23. Provision of material support to places of detention 1. Voluntary associations of, socially oriented non-profit organizations can provide material support to places of forced detention in accordance with the procedure established by this article and by regulatory legal acts of the Russian Federation. N 411-FZ 2. Public associations, socially oriented non-profit organizations in providing material support to places of forced detention have the right to determine the purpose of the use of their money or otherwise The right to development. In this case, the public association, a socially oriented non-profit organization , concludes with the administration of the place of enforcement the relevant treaties. (In the wording of the Federal Law of 6 December 2011) N 411-FZ 3. Voluntary associations,, socially oriented non-profit organizations, which provide material support in the manner prescribed by Part 2 of this article, are entitled to receive information about the use of money or other means. -No later than 30 days from the date of receipt of the request for information by the administration of the place of detention no later than 30 days. (In the wording of the Federal Law of 6 December 2011) N 411-FZ) 4. In the case of misuse of means of material support, the public association, a socially oriented non-profit organization informs the relevant federal executive authority in the conduct that contains the place of detention. The said federal executive authority checks and informs the public association, the socially oriented non-profit organization of the results of the inspection and the measures taken. (In the wording of the Federal Law of 6 December 2011) N 44-F) Article 24. The responsibility of a member of the public oversight board of the commission in the exercise of public control. Liability for obstruction of public control 1. Violation by a member of the public oversight commission of the requirements of the criminal enforcement legislation of the Russian Federation, the normative legal acts on the enforcement of sentences, as well as failure to comply with the lawful requirements of the administration of the place Enforcement is punishable under the law of the Russian Federation. 2. Disclosure of the preliminary investigation data that has become known to a member of the Public Monitoring Commission in the exercise of his or her powers, which has been warned in accordance with the procedure established by article 20, paragraph 2, of this Federal Act, Criminal responsibility. 3. Obstruction of the exercise of public control is punishable under the laws of the Russian Federation. Article 25. Supervision of the compliance of the Russian Federation's legislation with the Russian Federation with the implementation of public control and assistance to persons in the field enforcement custody OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION Article 26. Final provisions 1. Within 30 days from the date of the entry into force of this Federal Act, the Secretary of the Public Chamber shall place in the "Russian Gazette" and periodicals, founders (co-sponsors) of which are or are founders (co-founders) of the editorial offices OF THE PRESIDENT OF THE RUSSIAN FEDERATION The further procedure of education of the public monitoring commissions shall be carried out in accordance with article 10 of this Federal Law. (In the wording of the Federal Law of 1 July 2010, } N 132-FZ) 2. Within 90 days from the date of the entry into force of this Federal Act, the federal executive authorities, in charge of the places of detention, determine the procedure for their visits by members of the public monitoring commissions. Article 27. The entry into force of this Federal Law This Federal Law shall enter into force on 1 September 2008. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 10 June 2008 N 76-FZ