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 on amendments to certain legislative acts of the Russian Federation with a view to improving the human rights Commissioners passed by the State Duma March 27, 2015 year approved by the Federation Council April 1, 2015 year Article 1 Article 38 of the law of the Russian Federation dated July 21, 1993 N 5473-I "on the institutions and bodies responsible for enforcing criminal penalties of deprivation of liberty" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation , 1993, no. 33, art. 1316; Collection of laws of the Russian Federation, 1998, N 30, art. 3613; 2001, N 11, art. 1002; 2003, no. 50, art. 4847; 2004, N 27, art. 2711; 2007, N 26, art. 3077; 2009, no. 39, art. 4537; 2010, no. 27, art. 3416; 2011, N, 49, St. 7056; 2013, no. 44, art. 5633) Supplement part six of the following lines: "the human rights Ombudsman in the Russian Federation, the Ombudspersons in the constituent entities of the Russian Federation in the exercise of its powers shall have the right to interview prisoners and persons in custody, alone in conditions allowing representative administration executing the punishment or pre-trial detention centre to see every, but did not hear them.
Article 2 Article 24 of the Penal Enforcement Code of the Russian Federation (collection of laws of the Russian Federation, 1997, N 2, p. 198; 2001, no. 26, p. 2589; 2003, no. 50, art. 4847; 2010, no. 27, art. 3416; 2011, N, 49, St. 7056; 2013, no. 44, art. 5633) to complement part two-1 as follows: "2-1. The human rights Ombudsman in the Russian Federation, the Ombudspersons in the constituent entities of the Russian Federation in the exercise of its powers shall have the right to interview prisoners alone in conditions allowing representative of the administration of the institution or body carrying out the sentence, see every, but did not hear them.
Article 3 of the Federal law of October 6, 1999 N 184-FZ "on general principles of organization of legislative (representative) and executive bodies of State power of the constituent entities of the Russian Federation (collection of laws of the Russian Federation, 1999, N 42, art. 5005; 2000, no. 31, p. 3205; 2001, N 7, art. 608; 2002, N 19, art. 1792; N 30, art. 3024; N 50, art. 4930; 2003, no. 27, art. 2709; 2004, N 25, art. 2484; N 50, art. 4950; 2005, N 1, art. 17, 25; N 30, art. 3104; 2006, N 1, art. 10, 13, 14; N 23, art. 2380; N 29, art. 3124; N 30, art. 3287; N 31, art. 3427, 3452; N 44, art. 4537; N 50, art. 5279; 2007, N 1, art. 21; N 10, art. 1151; N 13, art. 1464; N 18, art. 2117; N 21, art. 2455; N 26, art. 3074; N 30, art. 3747, 3805, 3808; N 43, St. 5084; N 46, art. 5553; 2008, N 13, art. 1186; N 29, art. 3418; N 30, art. 3597, 3613, 3616; N 48, art. 5516; N 49, St. 5747; N 52, art. 6229, 6236; 2009, N 7, art. 772; N 14, art. 1576; N 29, art. 3612; N 48, art. 5711; N 51, art. 6156, 6163; 2010, no. 14, art. 1549; N 15, art. 1736, 1738; N 19, art. 2291; N 23, art. 2800; N 31, art. 4160; N 40, St. 4969; N 41, art. 5190; N 46, art. 5918; N 47, St. 6030, 6031; N 49, St. 6409; N 52, art. 6984, 6991; 2011, N 1, art. 18; N 17, art. 2310; N 27, art. 3868, 3881; N 29, art. 4283; N 30, art. 4572, 4590, 4594; N 31, art. 4703; N 48, art. 6727, 6730, 6732; N 49, St. 7039, 7042; N 50, art. 7359; 2012, N 10, art. 1158, 1163; N 18, art. 2126; N 19, art. 2274; N 31, art. 4326; N 49, St. 6755; N 50, art. 6954, 6957, 6967; N 53, art. 7596; 2013, N 14, art. 1638, 1663; N 19, art. 2329, 2331; N 23, art. 2875, 2876, 2878; N 27, art. 3468, 3470, 3477; N 40, St. 5034; N 43, St. 5454; N 44, art. 5642; N 48, art. 6165; N 51, art. 6679, 6691; N 52, art. 6981, 7010; 2014, N 8, art. 739; N 11, art. 1093, 1094; N 14, art. 1562; N 22, art. 2770; N 26, art. 3371, 3397; N 30, art. 4256, 4257; N 42, art. 5615; N 43, St. 5799; (N) 45, St. 6138; 2015, N 1, art. 11, 72; N 6, art. 884; N 10, art. 1393) supplemented with chapter II-1 as follows: "chapter II-1. The BASIS of the STATUS of the STATE BODIES of CONSTITUENT ENTITIES of the RUSSIAN FEDERATION, FORMED the legislative (representative) BODY of STATE POWER of CONSTITUENT ENTITIES of the RUSSIAN FEDERATION, article 16-1. The human rights Ombudsman in the constituent entities of the Russian Federation 1. The Constitution (the Charter), the law of the Russian Federation to provide additional guarantees State protection of the rights, freedoms and lawful interests of a person and citizen, as well as for its implementation can be established the post of Commissioner for human rights in the constituent entities of the Russian Federation or any other State offices, public authorities.
2. the Commissioner for human rights in the constituent entities of the Russian Federation, in exercising his authority independent of any State organs or officials.
3. The procedure for the Organization and implementation of the activities of the Plenipotentiary on human rights in the constituent entities of the Russian Federation shall be determined by the Constitution (the Charter), the law of the Russian Federation.
4. the human rights Ombudsman in the constituent entities of the Russian Federation shall be appointed (elected) for position and dismissed by the legislative (representative) body of State power of constituent entities of the Russian Federation.
5. the human rights Ombudsman in the constituent entities of the Russian Federation shall be appointed (elected) for the Office for the term established by the Constitution (the Charter), the law of the Russian Federation, but not more than five years.
6. one and the same person may not be appointed (elected) for the Office of the Commissioner for human rights in the constituent entities of the Russian Federation for more than two consecutive terms.
7. the human rights Ombudsman in the constituent entities of the Russian Federation may not have the nationality of a foreign State or a residence permit or other document confirming the right of residence of a citizen of the Russian Federation on the territory of a foreign State.

8. the human rights Ombudsman in the constituent entities of the Russian Federation cannot simultaneously be a Deputy of the State Duma of the Federal Assembly of the Russian Federation, a member of the Council of Federation of the Federal Assembly of the Russian Federation or a Deputy in the legislative (representative) body of State power of constituent entities of the Russian Federation, to replace the public office of the Russian Federation, constituent entities of the Russian Federation State offices, municipal offices, the post of State and municipal services, to engage in other paid or unpaid activities, except teaching , scientific and other creative activities. While teaching, scientific and other creative activities cannot be financed entirely from funds of foreign States, international organizations and foreign organizations, foreign citizens and persons without citizenship, unless otherwise stipulated by an international treaty of the Russian Federation or the legislation of the Russian Federation.
9. the human rights Ombudsman in the constituent entities of the Russian Federation may not be a member of a political party or other public association with political purposes.
10. the human rights Ombudsman in the constituent entities of the Russian Federation in the period prescribed by the law of the Russian Federation, shall discontinue any activity that is incompatible with his status, as well as suspend membership in a political party for the duration of their term of Office.
11. The post of Commissioner for human rights in the constituent entities of the Russian Federation may be appointed (elected) a citizen of the Russian Federation not younger than 30 years old, with an impeccable reputation, with higher education, as well as knowledge in the field of human and civil rights and freedoms, the experience of their protection.
12. The right to make legislative (representative) body of State power of constituent entities of the Russian Federation proposal concerning the candidature for the post of Commissioner for human rights in the constituent entities of the Russian Federation in accordance with the law of the Russian Federation can be granted the highest authority of the Russian Federation (the head of the Supreme executive body of State power of the constituent entities of the Russian Federation), deputies (a group of deputies of the faction), legislative (representative) body of State power of constituent entities of the Russian Federation , local self-government bodies, human rights organizations, other agencies and organizations.
13. before the consideration of the candidates for the post of Commissioner for human rights in the constituent entities of the Russian Federation legislative (representative) body of State power of constituent entities of the Russian Federation coordinates it with the human rights Ombudsman in the Russian Federation, and if this is provided for by the law of the Russian Federation, on her consultations with other bodies of State power of constituent entities of the Russian Federation and organizations.
14. Appointed (elected) for the Office of the Commissioner for human rights in the constituent entities of the Russian Federation is considered a candidate for whom the majority of the deputies of the legislative (representative) body of State power of constituent entities of the Russian Federation.
15. the human rights Ombudsman in the constituent entities of the Russian Federation shall be deemed in the post since the oath.
16. the human rights Ombudsman in the constituent entities of the Russian Federation is obliged to comply with the requirements, restrictions and prohibitions specified by federal laws and the laws of the Russian Federation.
17. the powers of the Commissioner for human rights in the constituent entities of the Russian Federation shall be terminated on the grounds established by federal laws and the laws of the Russian Federation.
18. the powers of the Commissioner for human rights in the constituent entities of the Russian Federation may be prematurely terminated. The decision on early termination of the powers of the Commissioner for human rights in the constituent entities of the Russian Federation was adopted and the legislative (representative) body of State power of constituent entities of the Russian Federation, after consultation with the Commissioner for human rights in the Russian Federation.
19. the powers of the Commissioner for human rights in the constituent entities of the Russian Federation shall terminate prematurely in the case of: (a)) of his death;
b) serves them with a written statement of resignation;
in) its inability for health reasons established in accordance with medical findings, or other reasons for an extended period of time (not less than four months) perform their duties;
g) recognition of his incompetent, of limited dispositive capacity, missing or dead;
d) entry in respect of its enforceable court judgement;
(e)) his departure beyond the subject of the Russian Federation for permanent residence;
f) loss of citizenship of the Russian Federation;
w) loss of confidence in the cases provided for in article 13-1 December 25, 2008 Federal law 273, N-FZ "on counteracting corruption";

and) non-compliance with the requirements, restrictions and prohibitions established by this federal law, other federal laws and the laws of the Russian Federation.
20. The expiration of the legislative (representative) body of State power of constituent entities of the Russian Federation or its dissolution shall not entail termination of powers of the Commissioner for human rights in the constituent entities of the Russian Federation.
21. The law of the Russian Federation on human rights Ombudsman in the constituent entities of the Russian Federation may be entrusted with the functions of the Ombudsman for children's rights in the constituent entities of the Russian Federation, Ombudsman of the small-numbered indigenous peoples in the constituent entities of the Russian Federation and other officials authorized to protect the rights of other categories of citizens in the constituent entities of the Russian Federation. In accordance with the law of the Russian Federation on human rights Ombudsman in the constituent entities of the Russian Federation may be responsible for coordinating the activities of these Commissioners, and other officials.
22. the human rights Ombudsman in the constituent entities of the Russian Federation receives complaints from citizens of the Russian Federation, foreign citizens and stateless persons in the territory of the Russian Federation.
23. in considering complaints on decisions or actions (inaction) of territorial units of federal bodies of executive power which is exercised by the Government of the Russian Federation, as well as federal organizations, the human rights Ombudsman in the constituent entities of the Russian Federation shall have the right to: a) visit these territorial authorities and organizations;
b) to request and obtain from them information, documents and materials necessary for dealing with complaints;
in) to receive explanations of officials and civil servants specified territorial bodies and organizations on the issues to be clarified in the course of handling complaints;
g) pursue independently or jointly with competent State bodies, officials and public employees, these audits of territorial organisations and bodies and their officials.
24. Complaints addressed to the Ombudsman in the constituent entities of the Russian Federation of persons in places of detention, rendered the administrations of places of detention not subject to and within the 12:00 am sent the Commissioner for human rights in the constituent entities of the Russian Federation.
25. the human rights Ombudsman in the constituent entities of the Russian Federation on its activity avails itself of the right of urgent reception by heads and other officials of the organs of State power of constituent entities of the Russian Federation, bodies of local self government, other bodies and organizations with federal law, some State or other public authority, as well as the administrations of places of detention.
26. the human rights Ombudsman in the constituent entities of the Russian Federation may not were disclosed during examination of the complaint information on the privacy of the complainant and other parties without their written consent.
27. support activities of the Plenipotentiary on human rights in the constituent entities of the Russian Federation and its apparatus is carried out against the budget appropriations of the budget of the Russian Federation. "
Article 4 of chapter V of the Federal law dated July 25, 2002 N 115-FZ "on the legal status of foreign citizens in the Russian Federation" (collection of laws of the Russian Federation, 2002, no. 30, art. 3032; 2004, no. 35, St. 3607; 2006, no. 30, art. 3286; N 31, art. 3420; 2007, N 2, art. 361; 2008, no. 19, art. 2094; 2010, no. 30, art. 4011; 2011, N 30, art. 4590; N 50, art. 7342, 7352; 2012 N 50, art. 6967; 2013, no. 52, art. 6949; 2014, N 30, art. 4233; N 52, art. 7557) supplemented by article 32-1-1 as follows: "article 32-1-1. Powers of the Commissioner for human rights in the Russian Federation 1. Commissioner for human rights in the Russian Federation the means provided by the Federal Constitutional law of February 26, 1997, N 1-FKZ on the Commissioner for human rights in the Russian Federation "and contributes to the restoration of the violated rights of foreign nationals, as well as the improvement of the legislation of the Russian Federation, defining the legal status of foreign nationals, including refugees.
2. the human rights Ombudsman in the Russian Federation in the exercise of his powers, including the verification of complaints received from foreign citizens are entitled to access to the temporary accommodation centres and places of temporary detention of persons applying for recognition as refugees or internally displaced persons or granting temporary asylum on the territory of the Russian Federation recognized refugees or internally displaced or have been granted temporary asylum in the territory of the Russian Federation as well as institutions.

3. the human rights Ombudsman in the Russian Federation to visit referred to in paragraph 2 of this article, the temporary accommodation centres, places of detention and of the specialized agencies shall have the right to talk with them individuals alone in conditions allowing representative of administration of the temporary accommodation centre for temporary detention, places or special institutions see every, but did not hear them.
Article 5 provision of paragraph 6 of article 16-1 October 6, 1999 Federal law N 184-FZ "on general principles of organization of legislative (representative) and executive bodies of State power of the constituent entities of the Russian Federation" (as amended by this federal law) applies without regard to which began before the date of entry into force of this federal law term for which appointed (elected), zameshhavshee on the date of the entry into force of this federal law, the post of Commissioner for human rights in the constituent entities of the Russian Federation.
The President of the Russian Federation v. Putin Kremlin, Moscow April 6, 2015 N 76-FZ

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