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On Fundamentals Of The System For Prevention Of Offences In The Russian Federation

Original Language Title: Об основах системы профилактики правонарушений в Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On the foundations of the prevention system offences in the Russian Federation adopted by the State Duma on June 10, 2016 Federation Council, June 15, 2016 Chapter 1. General provisions Article 1. The subject of regulation of this Federal Law 1. The subject of regulation of this Federal Law is the social relations that arise in the sphere of the prevention of offences in the Russian Federation. 2. This Federal Act sets out the legal and organizational foundations of the system for the prevention of offences, general rules of operation, basic principles, guidelines, forms of prevention of offences and forms of preventive health care, The powers, rights and obligations of the subjects of prevention of offences and persons involved in the prevention of offences. Article 2: Basic concepts used in this Federal Law The following basic concepts are used for the purposes of this Federal Act: 1) the offence is a crime or An administrative offence which constitutes a wrongful act (act, omission) entailing criminal or administrative liability; 2) the prevention of offences-a set of measures of social, legal, and other organizational, information and other Identifying and addressing the causes and conditions conducive to the commission of offences, as well as the provision of educational measures to prevent the commission of offences or antisocial behaviour; (3) prevention system offences-a combination of prevention actors, persons involved in the prevention of offences and their preventive measures, as well as coordination and monitoring frameworks for prevention offences; 4) persons involved in prevention Offences, citizens, voluntary associations and other organizations providing assistance (assistance) to the prevention of delinquency in the exercise of their rights in the field of prevention of offences under this Federal Act. The law and other federal laws; 5) the organization of social services (provision of social, social, medical, psychological, social and social services). socio-educational, social, legal and other social services), acting as a person involved in the prevention of offences; 6) antisocial conduct-not entailing administrative or criminal responsibility of the act of a natural person who violates generally accepted norms of conduct and morals, the rights and lawful interests of others; 7) monitoring in the area of crime prevention-a system of surveillance of the state of crime prevention, analysis and forecasting of causes and conditions; that contribute to the commission of offences, as well as an evaluation of the effectiveness of the Subjects of crime prevention. Article 3. The legal basis for the crime prevention system 1. The legal basis for the system of crime prevention is the provisions of the Constitution of the Russian Federation, the generally recognized principles and norms of international law, international treaties of the Russian Federation and the norms of criminal law of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The legal regulation of the prevention of offences is carried out in accordance with the federal constitutional laws, the Federal Law, other federal laws, and the normative legal acts adopted in accordance with them OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The prevention of offences in certain areas of public relations is determined by the relevant federal laws. Article 4. The principles of prevention of offences Prevention of offences is based on the following principles: (1) the priority of the rights and legitimate interests of the individual and the citizen in the prevention of offences; (2) Legality; 3) ensuring consistency and unity of approaches in the implementation of crime prevention; 4) openness, continuity, continuity, timeliness, objectivity, sufficiency and scientific The validity of the measures taken to prevent offences; 5) competence in the prevention of offences; 6) the responsibility of prevention actors and their officials to ensure the rights and legitimate interests of the person and the citizen. Article 5. Subjects of crime prevention 1. The subjects of crime prevention are: 1) federal executive authorities; 2) organs of the Procurator's Office of the Russian Federation; 3) investigative bodies of the Investigative Committee of the Russian Federation; (4) State authorities of the constituent entities of the Russian Federation; 5) local authorities. 2. The subjects of the prevention of offences shall carry out their activities within the limits of the competence prescribed by this Federal Law and other federal laws. Article 6. The main areas of crime prevention are 1. The prevention of offences is carried out in the following main areas: 1) protection of the person, society and the state from unlawful attacks; 2) prevention of offences; 3) development of the system Preventive treatment of offenders; 4) protection of public order, including in sports, entertainment and other mass events; 5) ensuring public safety, the number of road safety and transport safety; 7) prevention of neglect, homelessness, delinquency and anti-social activities of minors; 8) combating terrorism and extremism activities, protection of potential targets of terrorist attacks, including critical and (or) potentially dangerous infrastructure and life-support facilities, as well as places of mass residence; 9) traffic in narcotic drugs, psychotropic substances and their Precursors; (10) ensuring protection and protection of private, state, municipal and other forms of ownership; 11) ensuring economic security; 12) combating corruption, identification and elimination the causes and conditions of its occurrence; 13) ensuring environmental safety, environmental protection; 14) ensuring fire safety; 15) warning, eliminating and (or) minimizing impacts natural and technogenic emergencies; 16) raise the level of legal literacy and develop the legal awareness of citizens. 2. The main areas of crime prevention are implemented by: 1) identifying, assessing and predicting criminogenic factors of a social nature; (2) legal regulation of prevention offences; 3) the development of State and municipal crime prevention programmes; (4) improving mechanisms for effective cooperation between the prevention of offences against persons, prevention, prevention and prevention offences; 5) to identify and address the causes and conditions conducive to antisocial behaviour and the commission of offences, including on the grounds of social, racial, national or religious discord; 6) Persons who are inclined to commit offences; 7) to identify persons who have been victims of or at risk of becoming victims and those in difficult circumstances (including those suffering from drug abuse and alcoholism, persons with no fixed abode); 8) Use of preventive and preventive measures as prescribed by this Federal Law; 9) application of special prevention measures in accordance with the legislation of the Russian Federation The offences of administrative, criminal, criminal procedure, penal enforcement and operational investigative measures for the prevention of offences; (10) monitoring in the area of prevention of offences; 11) Application of other measures provided for in the federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The special measures for the prevention of offences referred to in paragraph 9 of Part 2 of this article shall be authorized, within the limits of competence, to be exercised by the officials of the procuratorial authorities of the Russian Federation and the investigative bodies of the Investigative Committee. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The persons involved in the prevention of offences shall apply the preventive measures set out in paragraphs 5 to 8 of part 2 of this article within the limits of the rights granted to them by this Federal Act and other federal laws. Article 7. State and municipal programmes in the field of crime prevention 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Prevention of offences, respectively. 2. Local governments have the right to develop municipal programmes in the area of crime prevention. Chapter 2: Authorities, Actors ' Rights and Responsibilities Prevention of Offences and Persons Involving in the Prevention of Offences Article 8. The powers of the federal executive authorities in the field of crime prevention Federal executive authorities within their competence: 1) formulate public policy in the sphere Prevention and enforcement of offences; 2) implement regulations in the area of crime prevention; 3) create departmental coordinating bodies in the field of prevention offences, coordinating prevention activities Offences in subordinate bodies and organizations; 4) ensures the interaction between prevention actors and persons involved in the prevention of offences; 5) form and represent the Ombudsman The Government of the Russian Federation provides the federal executive with official statistical information on the prevention of offences; 6) shall prevent offences in the form of preventive effects; under article 17, paragraph 1, of this Federal Act, in accordance with the competence established by this Federal Act, other federal laws and other normative legal acts; 7) exercise other powers in the field of prevention OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 9. The powers of the procuratorial authorities of the Russian Federation in the field of crime prevention 1. The bodies of the Procurator's Office of the Russian Federation carry out prevention of offences, ensuring supervision of the implementation of the laws by the federal executive authorities, the Investigative Committee of the Russian Federation, and bodies of the State authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation ". 2. In the implementation of the prevention of offences, the procuratorial authorities of the Russian Federation have the power to prevent offences within the limits of their competence. Article 10. The powers of investigative bodies of the Investigative Committee of the Russian Federation in the sphere of prevention offences 1. The investigative bodies of the Investigative Committee of the Russian Federation carry out the prevention of offences within the limits of the powers provided for by this Federal Law, by the Federal Law dated December 28, 2010, No. 403-FZ " On the Investigative Committee of the Russian Federation " and other federal laws. 2. In the prevention of offences, the investigative bodies of the Investigative Committee of the Russian Federation have the authority to prevent offences within the limits of their competence. Article 11. Powers of the State authorities of the constituent entities of the Russian Federation in the field of prevention of delicts of the State authorities of the constituent entities of the Russian Federation in accordance with this Federal Act. Federal Act No. 184-FZ of 6 October 1999 on the general principles of the organization of legislative (representative) and executive bodies THE RUSSIAN FEDERATION other federal laws within their jurisdiction: (1) implement regulations in the area of crime prevention; (2) develop and adopt measures to implement public policy in The prevention of offences in the established sphere of activity in the territories of the constituent entities of the Russian Federation; 3) ensures the interaction between prevention actors and persons involved in the prevention of offences, Subjects of the Russian Federation; 4) create Coordination bodies in the field of crime prevention; 5) approve and monitor the execution of the budgets of the constituent entities of the Russian Federation with regard to the costs of prevention; 6) carry out preventive measures Offences in the form of preventive effects under paragraphs 1, 7 to 10 of article 17, paragraph 1, of this Federal Law; 7) exercise other powers in the field of prevention. Article 12. Rights of local governments in the field of prevention of offences Local self-government bodies under this Federal Law, Federal Law dated October 6, 2003" On general principles of local government organization in the Russian Federation ", other federal laws within its jurisdiction have the following rights: 1) accept municipal legal acts in the sphere The prevention of offences; (2) establishes coordination bodies in the field of crime prevention; (3) take measures to address the causes and conditions conducive to the commission of offences; 4) provide The interaction of persons involved in the prevention of offences in the territory of the municipality; 5) prevent offences in the form of preventive effects under paragraphs 1, 7 to 10 of article 17, paragraph 1 of this Federal Law; 6) implement other The right to prevent offences. Article 13. The rights of persons involved in the prevention of offences 1. Persons involved in the prevention of offences are entitled to participate in the prevention of offences under this Federal Act and other federal laws. 2. The persons involved in the prevention of offences exercise their rights in the prevention of offences in the forms of preventive effects provided for in article 17, paragraphs 1, 7 and 10, of this Federal Act, as well as by means of Voluntary participation in public order and other social activities, assistance to law enforcement agencies and other subjects of crime prevention in accordance with the legislation of the Russian Federation. 3. Public associations and other organizations exercise their rights in the prevention of offences by taking part in the forms of preventive effects provided for in article 17, paragraphs 1, 7 to 10, of this Federal Act, participation in the Implementation of State and municipal programmes for the prevention of offences, the identification of causes and conditions conducive to the commission of offences, the development and implementation of measures for their prevention, participation in the protection activities public order and other socially significant activities in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 14. Duties of the subjects of crime prevention and persons involved in the prevention of offences 1. Subjects of prevention of offences and persons involved in the prevention of offences are obliged: 1) to comply with the legislation of the Russian Federation on the prevention of offences, laws and other offences. Regulations of the constituent entities of the Russian Federation, municipal legal acts governing the prevention of offences; (2) respect the rights and legitimate interests of citizens and organizations; 3) Confidentiality of preventive measures of information offences, if its distribution is restricted by the law of the Russian Federation; 4) to perform other duties under the law of the Russian Federation. 2. Crime prevention actors are obliged to ensure access to information on their prevention activities by means provided by the Russian Federation's legislation on access to information on activities State bodies and local authorities, as well as by placing it in the mass media on official requests, holding press conferences, distributing reference and statistical material, unless otherwise established Federal laws. 3. Persons involved in the prevention of offences do not have the right to obstruct the activities of prevention actors and their officials. Chapter 3: Forms of prevention of offences and forms of prevention Article 15. Types of crime prevention 1. The general prevention of offences is aimed at identifying and eliminating the causes of the offence and the conditions that facilitate or facilitate the commission of offences, as well as the promotion of legal literacy and development Citizens ' rights. 2. The individual prevention of offences is intended to educate the persons referred to in article 24, paragraph 2, of this Federal Act, to remove factors adversely affecting their behaviour and to provide assistance Persons who have been or are at risk of becoming victims of offences. Individual prevention of offences can be carried out with special measures for the prevention of offences. Article 16. Grounds for the prevention of delicts 1. The prevention of offences is carried out in the event of social, economic, legal and other causes and conditions conducive to the commission of offences. 2. Special measures for the prevention of offences, as provided for in the legislation of the Russian Federation, shall be applied by the subjects of the prevention of offences referred to in article 6, paragraph 3, of this Federal Act and their officials in the identification process. offences, or the causes and conditions conducive to their perpetration, as well as persons whose conduct is illegal or antisocial, or persons intending to commit an offence. 3. The basis for the application of special measures for the prevention of offences is the decision of the court or the decision of one of the subjects of the prevention of the offences referred to in article 6, paragraph 3, of this Federal Law. 4. The application of special measures to prevent offences is governed by the present Federal Law, other federal laws and other normative legal acts of the Russian Federation regulating the activities of prevention subjects The offences referred to in article 6, paragraph 3, of this Federal Act. Article 17. Preventive action forms 1. Preventive effects can be in the following forms: 1) legal education and legal awareness; 2) prophylaxis; 3) an official warning (warning) Inadmissibility of actions that create conditions for the commission of offences, or the inadmissibility of the continuation of antisocial behaviour; 4) prophylactic treatment; 5) introducing the elimination of the causes and conditions; that contribute to the commission of an offence; 6) Preventive supervision; 7) social adaptation; 8) resocialization; 9) social rehabilitation; 10) assistance to persons affected by or at risk of becoming so. 2. The prevention of offences in the forms of preventive effect provided for in paragraphs 2 to 6 of part 1 of this article shall be entitled, within the prescribed competence, to be carried out by officials of the procuratorial authorities of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION Article 18. Legal education and legal awareness For the purposes of legal education and legal awareness, the subject of prevention of offences or persons involved in the prevention of offences shall be brought to the attention of citizens and organizations. Information aimed at ensuring the protection of human and civil rights and freedoms, society and the State against unlawful attacks. This information may be brought to the attention of citizens and organizations by means of various educational, educational, informational, organizational or methodological measures. Article 19. Preventive conversation 1. The subject of prevention is to explain to the person who is subject to the measures of individual prevention, moral and legal responsibility to the society, the State, the social and legal consequences of the continuation Antisocial behaviour. 2. The procedure for conducting a preventive conversation is established by the normative legal acts of the subjects of the prevention of offences referred to in article 17, paragraph 2, of this Federal Law. Article 20. The declaration of an official warning (warnings) about the impermissibility of actions that create conditions for committing offences, or unacceptability of the continuation of antisocial behavior 1. The official warning (warning) of the inadmissibility of actions that create conditions for the commission of offences or the inadmissibility of the continuation of antisocial conduct shall be declared to the person against whom the measures are applied individually. Prevention of offences, in the absence of grounds for criminal or administrative liability, and contains a mandatory requirement that such actions should not be allowed to continue or that the anti-social system should not be allowed to continue of conduct. 2. Procedures for the proclamation of a formal warning (warning) that no action shall be taken to create conditions for the commission of offences, or the inadmissibility of the continuation of anti-social behaviour, including its direction (delivery), form of the official warning (warning), as well as lists of categories of officials authorized to declare the official warning (warning), are established by regulatory legal acts of the subjects of the prevention of offences that to article 17, paragraph 2, of this Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In the event of failure to comply with the requirement set out in the official warning (cautions) of the inadmissibility of actions that create conditions for the commission of offences or the inadmissibility of the continuation of anti-social behaviour, the person to whom it was The Russian Federation has declared that it may be held liable in accordance with the legislation of the Russian Federation. Article 21. Preventive Accounting 1. Preventive education is designed to inform the activities of prevention actors. 2. Preventive accounting (collection, registration, processing, storage and provision of information), including through the use of automated information systems, is carried out by the perpetrators of offences within the limits of their powers In accordance with the procedures and requirements established by the normative legal acts of the Russian Federation, the normative legal acts of the respective federal executive authorities. 3. Preventive accounting shall ensure the confidentiality of personal data on the person in the preventive register, in accordance with the legislation of the Russian Federation. 4. In the area of prevention, crime prevention subjects exchange information in accordance with the legislation of the Russian Federation through inter-agency requests, including in electronic form using a single Inter-agency electronic communication systems. Article 22. A presentation of the elimination of the causes and conditions conducive to the commission of an offence 1. In the event of the identification of the causes and conditions conducive to the commission of the offence, the subject of the prevention of offences committed in accordance with the legislation of the Russian Federation shall be made to the relevant organ or organization, regardless of the form of the offence. The property or public association is required to provide a mandatory view of the elimination of the causes and conditions conducive to the commission of the offence. 2. The procedure for making a submission on the elimination of the causes and conditions conducive to the commission of an offence, as well as the lists of categories of officials authorized to make the submission, shall be established by regulatory legal acts. the relevant subject of the prevention of offences. 3. The body or organization is obliged to consider, within one month, the submission of the removal of the causes and conditions conducive to the commission of the offence and to report in writing on the measures taken to the subject of the prevention of offences, In accordance with the procedure established by the legislation of the Russian Federation, Article 23. Preventive supervision Preventive oversight consists of monitoring the conduct of the person who is responsible for prophylactic treatment and compliance with the restrictions established in accordance with the legislation of the Russian Federation. Article 24. Social adaptation 1. Social adaptation is a set of measures aimed at assisting persons in difficult situations to promote their constitutional rights and freedoms, as well as assistance in the labour and home appliances. 2. Social adaptation measures are applied in accordance with the legislation of the Russian Federation with regard to the following categories of persons in difficult situations: 1) street children and street children; (2) Persons serving a non-custodial penal sentence; (3) vagrants and beggers; 4) minors subjected to compulsory educational measures; 5) a person without a certain place of residence; 6) other categories of persons covered by the legislation of the Russian Federation, including those who have received treatment for drug, alcohol and substance abuse and rehabilitation, as well as persons unable to provide for their own Security, with their consent. 3. Social adaptation is provided through: (1) stimulation of the activities of organizations that provide jobs to people in need of social adaptation, as well as those who have undergone treatment for drug use, Alcohol and substance abuse and rehabilitation; (2) providing social services to persons in need of social adaptation, including those in difficult circumstances, in social service organizations, in accordance with Federal law dated December 28, 2013 No. 442-FZ" On the basics of social service in the Russian Federation ", as well as normative legal acts of public authorities of the Russian Federation; 3) the provision of State social assistance on the basis of a social contract in accordance with Federal Law dated July 17, 1999 No. 178-FZ " State social assistance "; (4) Attracting public associations to assist persons in need of social adaptation. Article 25. Rescommercialization Realization is a set of measures of social, economic, pedagogical, legal nature carried out by the subjects of prevention of offences in accordance with their competence and persons participating in the Prevention of offences for the purpose of reintegration into society of persons who have been sentenced to deprivation of liberty and (or) subjected to other measures of a criminal nature. Article 26. Social rehabilitation 1. Social rehabilitation is a collection of activities for the restoration of lost social relations and functions by persons in difficult situations, including drug and psychotropic substances Non-medical purposes. 2. The social rehabilitation of persons in difficult situations, including those using narcotic drugs and psychotropic substances for non-medical purposes, is carried out in accordance with the legislation of the Russian Federation by: (1) explaining the existing social, professional and legal assistance; (2) providing psychological assistance; 3) assisting in the restoration of lost documents and social and useful links. 3. Persons in difficult circumstances, including drug and psychotropic substances for non-medical purposes, are assisted by social services in social rehabilitation in a manner determined by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 27. Assistance to persons affected by or at risk of becoming victims Assistance to persons affected by or at risk of becoming victims is directed towards the provision of a legal, social, -Psychological, medical and other support for these persons, carried out in accordance with the legislation of the Russian Federation with their consent in order to minimize the consequences of offences or to reduce the risk of becoming victims of offences. Article 28. The rights of persons subject to measures individual prevention of offences Persons subject to individual crime prevention measures have the right to: (1) receiving information on the grounds and reasons for their individual preventive measures, as well as on the conditions and nature of their individual preventive measures; 2) materials collected by the prevention of offences in connection with The application of individual preventive measures against such persons and directly affecting the rights and freedoms of such persons, unless otherwise provided by federal law; (3) appeals against acts (omissions) and Decisions of the subjects of prevention of offences and their officials, as well as persons involved in the prevention of offences, in accordance with the procedure established by the legislation of the Russian Federation. Chapter 4: Organizational framework for the operation of the system crime prevention Article 29. Functioning of the prevention system offences 1. The operation of the system for the prevention of offences is carried out on the basis of State programmes of the Russian Federation, State programmes of the constituent entities of the Russian Federation and municipal programmes for the prevention of offences. 2. Financing the costs of prevention of offences related to the implementation of State programmes of the Russian Federation, State programmes of the constituent entities of the Russian Federation and municipal programmes in the field of prevention of offences, It is carried out at the expense of and within the funds allocated to the relevant subjects of crime prevention. Article 30. Coordination bodies in the field of prevention offences 1. In order to ensure the implementation of State policy in the area of prevention, as well as to coordinate activities in this area, inter-institutional, departmental and regional coordinating bodies are being set up and are functioning. 2. The Government of the Russian Federation approves the regulation of the interdepartmental coordinating body for the prevention of offences and its personal composition. 3. The organs of the Procurator's Office of the Russian Federation and the investigative bodies of the Investigative Committee of the Russian Federation may establish departmental coordinating bodies in the field of crime prevention, including their composition, powers and procedures. their activities. 4. The procedure for the establishment of regional and municipal coordinating bodies in the field of the prevention of offences by the executive authorities of the constituent entities of the Russian Federation and the local authorities is determined by legal acts. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 31. Informational enforcement of prevention delicts 1. In the mass media, the founders of which are the federal executive authorities, the State authorities of the constituent entities of the Russian Federation or the local self-government bodies, in accordance with the legislation of the Russian Federation The Media Federation publishes materials on crime prevention activities. 2. In order to inform the prevention of offences, its publicity and openness by the subjects of prevention of offences and persons involved in the prevention of offences, the Internet Information and Telecommunications Network may The creation of special websites, as well as in accordance with the legislation of the Russian Federation, may be used by official websites of state and local governments. Article 32. Monitoring of crime prevention 1. Monitoring in the area of prevention of offences is carried out by the subjects of crime prevention within their competence. 2. The Government of the Russian Federation shall determine the procedure for the prevention of offences under monitoring in the area of prevention of offences. Chapter 5: Final provisions Article 33. Bringing laws and other normative legal acts of the constituent entities of the Russian Federation into line with this Federal Law Acts and other normative legal acts of the constituent entities of the Russian Federation to be brought into conformity with this Federal Law shall be applied in part not contrary to this Federal Act. Article 34. Entry into force of this Federal Law This Federal Law shall enter into force 90 days after its official publication. President of the Russian Federation Vladimir Putin President of the Russian Federation 23 June 2016 No. 182-FZ