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On Amendments To Certain Legislative Acts Of The Russian Federation With A View To Improving The Human Rights Commissioners

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в целях совершенствования деятельности уполномоченных по правам человека

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation Man adopted by the State Duma on March 27, 2015 Approved by the Federation Council on April 1, 2015 Article 1 Article 38 of the Russian Federation Act July 21 Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3613; 2001, N 11, 100. 1002; 2003, N 50, sect. 4847; 2004, N 27, sect. 2711; 2007, No. 26, sect. 3077; 2009, N 39, sect. 4537; 2010, N 27, sect. 3416; 2011, N 49, sect. 7056; 2013, N 44, sect. 5633) Supplement Part Six of the following content: " The Commissioner for Human Rights in the Russian Federation, the human rights commissioners in the constituent entities of the Russian Federation, in the exercise of their powers, shall have the right to interview Convicts and persons in custody, in private, in conditions allowing the representative of the administration of the penal institution or the detention centre to see the talking but not to hear them. ". Article 2 Article 24 Russian Criminal Code (Collection of Russian legislation, 1997, N 2, p. 198; 2001, N 26, est. 2589; 2003, N 50, sect. 4847; 2010, N 27, sect. 3416; 2011, N 49, sect. 7056; 2013, N 44, sect. 5633) add the following content: " 2-1. The Commissioner for Human Rights in the Russian Federation, the human rights commissioners in the constituent entities of the Russian Federation may, in the exercise of their powers, speak with convicted persons in private under conditions allowing the representative of the administration the institution or body that performs the punishment, to see the talking but not to hear them. ". Article 3 Federal Law of 6 October 1999 of the year N 184-FZ " On the general principles of the organization OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5005; 2000, N 31, st. 3205; 2001, N7, st. 608; 2002, N 19, and 1792; N 30, sect. 3024; N 50, sect. 4930; 2003, N 27, sect. 2709; 2004, N 25, sect. 2484; N 50, sect. 4950; 2005, N 1, st. 17, 25; N 30, stop. 3104; 2006, N 1, est. 10, 13, 14; N 23, Art. 2380; N 29, sect. 3124; N 30, est. 3287; N 31, sect. 3427, 3452; N 44, est. 4537; N 50, st. 5279; 2007, N 1, sect. 21; N 10, est. 1151; N 13, est. 1464; N 18, sect. 2117; N 21, sect. 2455; N 26, st. 3074; N 30, sect. 3747, 3805, 3808; N 43, st. 5084; N 46, st. 5553; 2008, N 13, est. 1186; N 29, Art. 3418; N 30, est. 3597, 3613, 3616; N 48, sect. 5516; N 49, sect. 5747; N 52, 6229, 6236; 2009, N 7, st. 772; N 14, est. 1576; N 29, st. 3612; N 48, sect. 5711; N 51, est. 6156, 6163; 2010, N 14, st. 1549; N 15, sect. 1736, 1738; N 19, st. 2291; N 23, st. 2800; N 31, st. 4160; N 40, sect. 4969; N 41, est. 5190; N 46, sect. 5918; N 47, sect. 6030, 6031; N 49, sect. 6409; N 52, sect. 6984, 6991; 2011, N 1, st. 18; N 17, est. 2310; N 27, sect. 3868, 3881; N 29, st. 4283; N 30, est. 4572, 4590, 4594; N 31, sect. 4703; N 48, sect. 6727, 6730, 6732; N 49, sect. 7039, 7042; N 50, est. 7359; 2012, N 10, est. 1158, 1163; N 18, est. 2126; N 19, est. 2274; N 31, est. 4326; N 49, sect. 6755; N 50, sect. 6954, 6957, 6967; N 53, sect. 77596; 2013, N 14, est. 1638, 1663; N 19, est. 2329, 2331; N 23, 100. 2875, 2876, 2878; N 27, est. 3468, 3470, 3477; N 40, sect. 5034; N 43, sect. 5454; N 44, est. 5642; N 48, st. 6165; N 51, sect. 6679, 6691; N 52, sect. 6981, 7010; 2014, N 8, st. 739; N 11, est. 1093, 1094; N 14, st. 1562; N 22, est. 2770; N 26, st. 3371, 3397; N 30, sect. 4256, 4257; N 42, sect. 5615; N 43, sect. 5799; N 45, sect. 6138; 2015, N 1, est. 11, 72; N 6, sect. 884; N 10, est. 1393) to be supplemented by Chapter II-1 as follows: " CHAPTER II-1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 16-1. The Commissioner for Human Rights in the subject Russian Federation 1. The Constitution (by the Constitution), the law of the subject of the Russian Federation, in order to provide additional guarantees for the State protection of the rights, freedoms and legitimate interests of a person and a citizen, and for its implementation, may establish a post The Russian Federation's Commissioner for Human Rights or other public offices will be established. 2. The Commissioner for Human Rights in the constituent entity of the Russian Federation, in the exercise of his powers, is independent of any State body or official. 3. The procedure for organizing and carrying out the activities of the Commissioner for Human Rights in the constituent entity of the Russian Federation shall be determined by the Constitution (by statute) and by the law of the constituent entity of the Russian Federation. 4. The Commissioner for Human Rights in the constituent entity of the Russian Federation is appointed (elected) to the post and is dismissed by the legislative (representative) body of the State authority of the constituent entity of the Russian Federation. 5. The Commissioner for Human Rights in the constituent entity of the Russian Federation is appointed (elected) to a post for the term established by the Constitution (by statute), by the law of the constituent entity of the Russian Federation, but not more than five years. 6. The same person cannot be appointed (elected) as a human rights commissioner in the constituent entity of the Russian Federation for more than two consecutive terms. 7. The Commissioner for Human Rights in the constituent entity of the Russian Federation may not have the citizenship of a foreign state or a residence permit or another document confirming the right to permanent residence of a Russian citizen in the territory of the Russian Federation. of a foreign State. 8. The Commissioner for Human Rights in the constituent entity of the Russian Federation cannot be a member of the State Duma of the Federal Assembly of the Russian Federation, a member of the Federation Council of the Federal Assembly of the Russian Federation or a member of the Federation Council of the Federal Assembly of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION State and municipal services, engage in another remunerated or non-remunerated activities other than teaching, scientific and other creative activities. Teaching, scientific and other creative activities cannot be financed exclusively by means of foreign states, international and foreign organizations, foreign citizens and stateless persons, if not otherwise. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 9. The Commissioner for Human Rights in the constituent entity of the Russian Federation is not entitled to be a member of a political party or other public association for political purposes. 10. The Commissioner for Human Rights in the constituent entity of the Russian Federation is obliged to cease activities incompatible with his or her status and suspend political party membership for the period stipulated by the law of the constituent entity of the Russian Federation. the exercise of its powers. 11. A citizen of the Russian Federation may be appointed to the post of Human Rights Commissioner in the constituent entity of the Russian Federation (elected) not less than 30 years of impeccable reputation, having higher education and knowledge of rights and freedoms of man and citizen, experience of their protection. 12. The right to submit a proposal to the legislative (representative) authority of the constituent entity of the Russian Federation for the appointment of a human rights commissioner in the constituent entity of the Russian Federation in accordance with the law of the subject The Russian Federation may be granted to the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation), deputies (group of deputies, factions) legislative (representative) body of the State The Russian Federation, local authorities, human rights organizations, other bodies and organizations. 13. Prior to the consideration of the candidacy of the human rights commissioner in the constituent entity of the Russian Federation, the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation shall coordinate it with the Commissioner for Human Rights. In the Russian Federation, and in the event that this is provided for by the law of the constituent entity of the Russian Federation, it consulates with other bodies of State power of the constituent entity of the Russian Federation and organizations. 14. The appointed (elected) Human Rights Commissioner in the constituent entity of the Russian Federation is considered to be a candidate for whom the majority of deputies of the legislative (representative) body of the State party have voted. of the Russian Federation. 15. The Commissioner for Human Rights in the constituent entity of the Russian Federation is considered to have taken office from the moment of taking the oath. 16. The Commissioner for Human Rights in the constituent entity of the Russian Federation is obliged to observe the requirements, restrictions and prohibitions established by federal laws and the law of the constituent entity of the Russian Federation. 17. The powers of the Commissioner for Human Rights in the constituent entity of the Russian Federation shall be terminated on the basis of the federal laws and the law of the constituent entity of the Russian Federation. 18. The powers of the Human Rights Ombudsman in the constituent entity of the Russian Federation may be terminated early. The decision on early termination of the powers of the Commissioner for Human Rights in the constituent entity of the Russian Federation shall be made by the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation after consultation with the Commissioner. THE RUSSIAN FEDERATION 19. The powers of the Human Rights Ombudsman in the constituent entity of the Russian Federation are terminated prematory in the case of: (a) his death; (b) submitting a written statement of resignation; in) his inability to do so the state of health determined according to medical opinion, or for other reasons, for a long period (at least four months) to perform their duties; g) for his trial to be incompetent, limited capable, missing or declared dead; d) The entry into force of his legal conviction of the court; (e) his departure from the territory of the Russian Federation to permanent place of residence; ) of his loss of citizenship of the Russian Federation; z) the loss of confidence in the cases provided for in article 13-1 of the Federal Act of 25 December 2008 of N 273-FZ "On combating corruption"; and) failure to comply with the requirements, restrictions and prohibitions established by this Federal Law, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 20. The expiry of the term of office of the legislative (representative) body of the State authority of the constituent entity of the Russian Federation or its dissolution shall not entail the termination of the powers of the Commissioner for Human Rights in the constituent entity of the Russian Federation. 21. The Act of the constituent entity of the Russian Federation, in the constituent entity of the Russian Federation, may be entrusted with the functions of the Commissioner for Children's Rights in the constituent entity of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with the law of the constituent entity of the Russian Federation, the Commissioner for Human Rights in the constituent entity of the Russian Federation may be entrusted with the coordination of the activities of the designated persons and other officials. 22. The Commissioner for Human Rights in the constituent entity of the Russian Federation receives complaints from citizens of the Russian Federation, foreign citizens and stateless persons in the territory of the constituent entity of the Russian Federation. 23. When considering complaints against decisions or actions (inaction) of the territorial bodies of the federal executive authorities, whose leadership is exercised by the Government of the Russian Federation as well as organizations of the federal subordination The Commissioner for Human Rights in the constituent entity of the Russian Federation has the right: (a) to visit these territorial bodies and organizations without interference; b) to request and receive information, documents and materials from them, complaints; in) receive explanations officials and public servants of the designated territorial bodies, organizations on matters to be investigated during the examination of complaints; g) to conduct themselves or jointly with the competent State authorities, Officials and public officials shall verify the activities of these territorial bodies and organizations and their officials. 24. Complaints addressed to the Commissioner for Human Rights in the constituent entity of the Russian Federation by persons in places of forced detention are not subject to review by the administration of places of detention and are sent within 24 hours. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 25. The Commissioner for Human Rights in the constituent entity of the Russian Federation shall enjoy the right to receive urgent action by the heads and other officials of the State authorities of the constituent entity of the Russian Federation. of local government, other bodies and organizations vested with federal law by separate public or other public powers, as well as by the administrations of places of detention. 26. The Commissioner for Human Rights in the constituent entity of the Russian Federation is not in a position to disclose information to the Ombudsman in the process of examining the complaint about the private life of the complainant and of other persons without their written consent. 27. The activities of the Commissioner for Human Rights in the constituent entity of the Russian Federation and its apparatus are carried out at the expense of the budget allocation of the budget of the subject of the Russian Federation. ". Article 4 Chapter V of the Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2002, N 30, 3032; 2004, N 35, sect. 3607; 2006, N 30, sect. 3286; N 31, st. 3420; 2007, N 2, Text 361; 2008, 2094; 2010, N 30, sect. 4011; 2011, N 30, article 4590; N 50, st. 7342, 7352; 2012, N 50, sect. 6967; 2013, N 52, sect. 6949; 2014, N 30, est. 4233; N 52, sect. 7557) add the following article 32-1-1: " Article 32-1-1. The powers of the Commissioner for Human Rights in the Russian Federation 1. The Commissioner for Human Rights in the Russian Federation, provided by the Federal Constitutional Act of 26 February 1997 on the Commissioner for Human Rights in the Russian Federation, promotes recovery. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The Commissioner for Human Rights in the Russian Federation, in the exercise of his powers, including the verification of complaints received from foreign nationals, is entitled to visit temporary accommodation centres and places of detention. asylum-seekers or internally displaced persons who have been recognized as refugees or have been granted temporary asylum in the territory of the Russian Federation, persons recognized as refugees or internally displaced persons or who have been granted temporary asylum in the territory of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The Commissioner for Human Rights in the Russian Federation shall have the right to interview privately held persons in private accommodation referred to in paragraph 2 of this article during visits to temporary accommodation centres, places of detention and special institutions. Conditions allowing the representative of the administration of the temporary accommodation centre, the place of temporary detention or a special institution to see the talking but not to hear them. ". Article 5 Article 16, paragraph 6, of the Federal Act Law dated 6 October 1999 N 184-FZ " On the general principles of the organization of legislative (representative) and executive bodies of the constituent entities of the Russian Federation The Federation " (in the wording of this Federal Act) shall apply without regard to the date of the entry into force of this Federal Act, which began before the date of the entry into force of this Federal Act, which has been superseded by the date of entry into force of this Federal Act. Law of the Commissioner for Human Rights in the of the Russian Federation. President of the Russian Federation Vladimir Putin Moscow, Kremlin 6 April 2015 N 76-FZ