FEDERAL LAW
NO. 3-FZ OF FEBRUARY 7, 2011
ON THE POLICE
Adopted by the State Duma on January 28, 2011
Approved by the Federation Council on February 2, 2011
Chapter 1. General Provisions
Article 1. The Intended Purpose of the Police
1. The police is intended for protecting the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens and stateless persons (hereinafter also referred to as "citizens" or "persons"), countering crime, enforcing law and order, protecting property and ensuring public safety.
2. The police shall immediately come to rescue everyone who is in need of its protection against criminal and other wrongful encroachments.
3. Within the scope of its powers the police shall render assistance to federal governmental bodies, governmental bodies of the subjects of the Russian Federation and other state bodies (hereinafter referred to as "state bodies"), local self-government bodies, other municipal bodies (hereinafter also referred to as "municipal bodies"), public associations and also organisations irrespective of forms of ownership (hereinafter referred to as "organisations") and officials of these bodies and organisations (hereinafter referred to as "officials") in the protection of their rights.
Article 2. Main Lines of Activities of the Police
1. The police's activities shall be carried out on the below main lines:
1) the protection of the person, the society and the state against wrongful encroachments;
2) the prevention and stopping of crime and administrative offences;
3) the detection and solution of crimes and the performance of inquiries in criminal cases;
4) search for people;
5) the implementation of proceedings in cases of administrative offences and the execution of administrative penalties;
6) the maintenance of law and order in public areas;
7) the ensuring of road traffic safety;
8) control over the observance of the legislation of the Russian Federation in the area of weapons trafficking;
9) control over the observance of the legislation of the Russian Federation in the area of private detective (search) and security-guard activities;
10) the protection of property and facilities for instance under contracts;
11) the state protection of victims, witnesses and other parties to criminal court proceedings, judges, procurators, investigators and officials of law-enforcement and controlling bodies and also other protected persons;
12) the carrying out of expert criminalistics activities.
2. By a decision of the President of the Russian Federation police personnel may take part in the activities of maintaining or restoring international peace and security.
Article 3. The Legal Foundation for the Activities of the Police
1. The legal foundation for the activities of the police is made up of the Constitution of the Russian Federation, the generally accepted principles and norms of international law, international agreements of the Russian Federation, federal constitutional laws, the present Federal Law, other federal laws, normative legal acts of the President of the Russian Federation and normative legal acts of the Government of the Russian Federation and also normative legal acts of the federal executive governmental body in charge of the functions of state policy elaboration and implementation and normative legal regulation in the area of internal affairs (hereinafter referred to as "the federal executive governmental body in the area of internal affairs").
2. In its activities the police shall be also governed by the laws of the subjects of the Russian Federation on issues of law and order and of the maintenance of public safety, issued within the scope of their competence.
3. The federal executive governmental body in the area of internal affairs shall elaborate and submit in the established procedure to the President of the Russian Federation and to the Government of the Russian Federation federal constitutional bills, federal bills and draft normative legal acts of the President of the Russian federation and draft normative legal acts of the Government of the Russian Federation and also proposals for improving legislative and other normative legal acts on the matters put within the scope of activities of the police.
Article 4. The Organisation of the Police
1. The police is an integral part of the comprehensive centralised system of the federal executive governmental body in the area of internal affairs.
2. The police may incorporate units, organisations and services formed to carry out the duties vested in the police (hereinafter referred to as "police units").
3. The activities of the police shall be directed within the scope of their competence by the head of the federal executive governmental body in the area of internal affairs, the heads of the territorial bodies of the federal executive governmental body in the area of internal affairs (hereinafter referred to as "territorial bodies") and the heads of police units. The heads of said bodies and units shall bear responsibility for the execution of the duties vested in the police.
4. The composition of the police, the procedure for the formation, re-organisation and liquidation of police units shall be defined by the President of the Russian Federation.
5. The standard rates and ceilings on the staff strength of police units within the established staff strength of internal affairs bodies shall be defined by the head of the federal executive governmental body in the area of internal affairs.
Chapter 2. The Principles Underlying the Activities of the Police
Article 5. Observing and Respecting Human and Citizen's Rights and Freedoms
1. The police shall pursue its activities on the basis of the observance of and respect for human and citizen's rights and freedoms.
2. The activities of the police which restrict the rights and freedoms of citizens shall be immediately stopped if the lawful objective has been achieved or if it has been discovered that the objective cannot or is not to be achieved by means of restricting the rights and freedoms of citizens.
3. Police are prohibited to resort to torture, violence or another cruel or denigrating attitudes. Police shall stop the actions whereby pain, physical or moral suffering is being deliberately caused to a citizen.
4. While addressing a citizen a police officer:
1) shall announce his position, rank and surname, show his service identity document if requested by the citizen, and thereafter announce the reason and purpose of the address;
2) if measures are applied to the citizen whereby his rights and freedoms are restricted, shall explain to the citizen the reasons and grounds for the use of such measures and also the rights and duties of the citizen occurring in connection thereto.
5. When a citizen is addressing him/her a police officer shall announce his position, rank and surname and attentively listen to the citizen and take relevant measures within the scope of his powers or explant who is competent to resolve the issue raised.
6. The information received as the result of the police's activities about the private life of a citizen shall not be provided to anyone without the citizen's voluntary consent, except for the cases envisaged by a federal law.
7. The police shall provide each citizen with an opportunity for familiarising himself with documents and materials directly affecting his rights and freedoms, except as otherwise established by a federal law.
Article 6. Rule of Law
1. The police shall pursue its activities in strict compliance with the law.
2. Any limitation on the rights, freedoms and lawful interests of citizens and also on the rights and lawful interests of public associations, organisations and officials is admissible only on the grounds and in the procedure envisaged by a federal law.
3. Police are hereby prohibited to incite, coerce or urge either directly or indirectly anyone to commit actions contravening the law.
4. When on duty, to justify their actions (omissions) police are not entitled to refer to the interests of service, economic feasibility, illegal demands, orders and instructions of higher officials or any other circumstances.
5. Measures of state enforcement may be used by police to execute the duties and realise the rights of the police only in the cases envisaged by a federal law.
6. The federal executive governmental body in the area of internal affairs shall ensure control over the legality of decisions and actions of police officials.
Article 7. Impartiality
1. The police shall protect the rights, freedoms and lawful interests of a human being and citizen, irrespective of the sex, race, ethnicity, language, origin, property status and office, residence, religion, convictions, membership in public associations and also other circumstances.
2. Police are hereby prohibited to be members of political parties, provide material support to political parties and take part in their activities. While carrying out activities in line of duty, police shall not be bound by decisions of political parties, other public associations and religious organisations.
3. Police shall display respect to the national customs and traditions of citizens, take into account the cultural and other features of the various ethnical and social groups and religious organisations, foster inter-ethnical and inter-confessional harmony.
4. Both when on duty and in off-duty hours police shall abstain from any actions that can cause a doubt as to their impartiality or compromise the authority of the police.
Article 8. Transparency and Openness
1. The activities of the police shall be open to the public to a degree which does not contravene the provisions of the legislation of the Russian Federation on criminal judicial proceedings, administrative proceedings, operative search activities, the protection of state and other law-protected secrets and it shall not infringe on the rights of citizens, public associations and organisations.
2. Citizens, public associations and organisations are entitled to acquire -- in the procedure established by the legislation of the Russian Federation -- true information about the activities of the police and also to obtain from the police information that directly affects their rights, except for the information to which access is restricted by a federal law.
3. On a regular basis the police shall provide state and municipal bodies and citizens with information about its activities through the mass media, the information-telecommunication network Internet and also by means of reports of officials (at least once a year) to the legislative (representative) bodies of the subjects of the Russian Federation, the representative bodies of municipal formations and citizens. Intervals between, and the procedure for providing, reports and also the categories of officials empowered to give reports to said bodies and citizens shall be defined by the federal executive governmental body in the area of internal affairs.
4. In accordance with the legislation of the Russian Federation the police shall provide information about its activities to the mass media on official requests of their editorial boards and also by means of holding press conferences and mailing out reference and statistical materials and otherwise.
5. On requests of the editorial boards of mass media journalists shall be accredited to cover the police's activities in the procedure defined by the federal executive governmental body in the area of internal affairs.
6. The federal executive governmental body in the area of internal affairs is entitled in accordance with the legislation of the Russian Federation to establish mass media for the purpose of covering the police's activities.
Article 9. Public Credit and Support by Citizens
1. While carrying out its activities the police shall strive to foster public confidence in itself and support by citizens.
2. The actions of police shall be well-grounded and understandable for citizens.
3. If a police officer has infringed on the rights and freedoms of citizens or the rights of organisations the police shall take measures within the scope of its powers to reinstate the rights and freedoms infringed upon. In the procedure defined by the federal executive governmental body in the area of internal affairs the police shall apologise to the citizen whose rights and freedoms have been infringed upon by the police officer, this being done at the whereabouts (place of residence), employment or study of the citizen in accordance with his wish.
4. The information which denigrates the honour, dignity and business reputation of a citizen and has been disclosed by a police officer, if it is deemed untrue by a court, investigator, inquiry body or the police proper, shall be refuted as soon as possible but in any case within one month after such information is deemed untrue -- in the same form in which they were disclosed.
5. The federal executive governmental body in the area of internal affairs shall continuously monitor the public opinion concerning the police's activities and also monitor the interaction of the police with civil society institutions. The results of said monitoring shall be regularly brought to the notice of state and municipal bodies and citizens through the mass media and the information-telecommunication network Internet.
6. The public opinion is one of the basic criterion of official assessment of the activities of the police which are defined by the federal executive governmental body in the area of internal affairs.
7. Public councils shall be formed under the federal executive governmental body in the area of internal affairs and territorial bodies as intended for ensuring conciliation of the socially-significant interests of citizens of the Russian Federation, the federal governmental bodies, the governmental bodies of the subjects of the Russian Federation, local self-government bodies, public associations, human-rights, religious and other organisations, for instance professional associations of entrepreneurs for the purpose of solving the most important issues of the police's activities by means of:
1) attracting citizens and public associations for the implementation of state policies in the area of enforcement of law and order, maintaining public safety and countering crime;
2) participating in the elaboration and consideration of concepts, programmes and initiatives of public associations and citizens on the most topical issues of the police's activities;
3) carrying out a public expert examination of federal bills and other draft normative legal acts on issues of the police's activities;
4) considering in the mass media issues concerning the police's activities;
5) exercising public control over the police's activities.
8. The public associations shall be formed on the basis of voluntary participation in their deliberations of citizens of the Russian Federation, public associations and organisations in the procedure established by the President of the Russian Federation.
Article 10. Interaction and Cooperation
1. While pursuing its activities, the police shall interact with other law-enforcement bodies, state and municipal bodies, public associations, organisations and citizens.
2. While executing the duties vested therein, the police may use the capabilities of state and municipal bodies, public associations and organisations in the procedure established by the legislation of the Russian Federation.
3. Within the scope of its powers the police shall render assistance to state and municipal bodies, public associations and organisations in ensuring the protection of the rights and freedoms of citizens, the observance of law and order and also support the development of civil initiatives in the area of preventing crime and disorder and maintaining law and order.
4. State and municipal bodies, public associations, organisations and officials shall render assistance to the police in its executing the duties vested in it.
5. The interaction of the police with law-enforcement bodies of foreign sates and international police organisations shall take place in accordance with international agreements of the Russian Federation.
Article 11. Using Achievements of Science and Technology, Up-to-Date Technologies and Information Systems
1. In its activities the police shall use the achievements of science and technology, information systems, communication networks and also up-to-date information-telecommunication infrastructure.
2. In the procedure established by the legislation of the Russian Federation the police shall use electronic forms of reception and registration of documents, notification in the course of provision of state services and interaction with other law-enforcement bodies, state and municipal bodies, public associations and organisations.
3. The police shall use technical facilities, for instance audio, photographic and video recording facilities in the documenting of the circumstances of commission of crimes, administrative offences, the circumstances of accidents, for instance in public places and also for the purpose of recording the actions of police when they execute the duties vested therein.
4. The federal executive governmental body in the area of internal affairs shall provide the police with an opportunity for using the information-telecommunication network Internet, automated information systems and integrated databanks.
Chapter 3. The Duties and Rights of the Police
Article 12. The Duties of the Police
1. The following duties are hereby vested in the police:
1) to accept and register (for instance in an electronic form) applications and messages concerning crimes, administrative offences and accidents; to issue applicants on their personal requests with notices of acceptance and registration of their written applications concerning crimes, administrative offences and accidents; to check in accordance with jurisdiction applications and messages concerning crimes, administrative offences and accidents and take measures on such applications and messages as envisaged by the legislation of the Russian Federation, to inform the applicants about the progress of consideration of such applications and messages within the term set by the legislation of the Russian Federation but in any case at least once a month; to deliver (send) applications and messages concerning crimes, administrative offences and accidents to state and municipal bodies and organisations or to the official empowered to solve relevant issues, with the applicant being notified accordingly within 24 hours; to inform relevant state and municipal bodies, organisations and officials of these bodies and organisations about the facts that have become known to the police and require their operative response;
2) to immediately arrive to the scene of a crime, administrative offence or accident, stop wrongful acts, eliminate threats to the safety of citizens and public safety, document the circumstances of the crime, administrative offence or the circumstances of the accident and ensure the preservation of the vestiges of the crime, administrative offence or accident;
3) to provide first aid to the persons who have suffered as a result of crimes, administrative offences and accidents and also to persons who are in a helpless condition or in a condition dangerous for their life and health, if a specialised aid cannot be received by them timely or is not available;
4) to detect the reasons for crimes and administrative offences and the conditions conducive to the commission thereof, to take measures for elimination thereof within the scope of its powers; to find the persons who intend to commit a crime and carry out individual preventive work with them; to take part in the prevention of child neglect and offences by minors; take part in the propagation of knowledge of law;
5) to ensure the safety of citizens and law and order on the streets, squares, stadiums, public gardens, parks, thoroughfares, terminals, at airports, sea and river ports and other public places;
6) to ensure jointly with representatives of executive governmental bodies of subjects of the Russian Federation, local self-government bodies and the organisers of meetings, rallies, demonstrations, marches and other public events (hereinafter referred to as "public events") the safety of citizens and law and order, to render assistance in accordance with the legislation of the Russian Federation to the organisers of sport events, shows and other mass events (hereinafter referred to as "mass events") in ensuring the safety of citizens and law and order at the places where these events take place;
7) to take expedient measures in cases of emergency to rescuing citizens, protecting unattended property and to render assistance in these conditions to the smooth operation of rescue services; to maintain law and order when quarantine measures are under way during an epidemic and epizootic;
8) in accordance with the jurisdiction established by the criminal procedural legislation of the Russian Federation to commence criminal proceedings, carry out an inquiry in the criminal cases which do not necessarily require a preliminary investigation; to commit urgent investigation actions in the criminal cases which do not necessarily require a preliminary investigation;
9) to perform within the scope of its powers a court's decision (a judge's decision), written instructions of an investigator, the head of an investigation body or an inquiry body about the commission of specific investigative actions, the implementation of operative search measures, apprehension of persons suspected and accused of having committed crimes and the commission of other procedural actions and to render assistance in the realisation thereof;
10) to pursue operative search activities for the purpose of detecting, preventing, stopping and solving crimes, ensuring own safety and also in the other cases envisaged by a federal law;
11) to stop administrative offences and implement proceedings in cases of the administrative offences deemed subject to the jurisdiction of the police according to the legislation on administrative offences;
12) to search for the perpetrators or suspects and accused of crimes; for persons who are hiding from inquiry or investigation bodies or a court; for minors who have left without permission their families or specialised institutions for minors in need of social rehabilitation; for minors who have left without permission a special closed-type education and care institution of an education administration body; for persons evading the enforced medical measures ordered for them by a court or evading compulsory educational influence measures; for persons evading the non-voluntary placement in a hospital ordered by a court due to the availability of mental disorder; for persons unaccounted for; for stolen property; and to establish property subject to confiscation;
13) to provide assistance -- in the procedure defined by the federal executive governmental body in the area of internal affairs and the federal executive governmental body in charge of the functions of state policy elaboration and normative legal regulation in the area of execution of criminal punishment -- to the institutions and bodies of the criminal execution system in searching for and apprehending persons who have escaped from custody, persons who are evading the serving of a criminal sentence, the receiving of an order for being dispatched to the place of service of sentence or who failed to report at the place of service of sentence within the term stated in said order; to ensure the safety of citizens and law and order when special conditions are instituted in a penitentiary institution in accordance with the criminal execution legislation of the Russian Federation; to inform the administration of a penitentiary institution about the extension of the term for return of a convict to the penitentiary institution if such extension took place in accordance with Article 97 of the Criminal Execution Code of the Russian Federation;
14) to maintain, guard and escort persons who have been detained and/or put in custody and are held in internal affairs bodies' temporary custody facilities intended for keeping suspects and accused and also persons who have been subjected to an administrative punishment in the form of administrative arrest; to perform court's (judge's) decisions on deprivation of the right to drive a vehicle, on seizure for a compensation or confiscation of a weapon and ammunition, on dispatch of minor offenders to special closed-type education and care institutions of an education administration body;
15) to take measures for identifying persons who cannot provide information about themselves due to their state of health, age or for other reasons, and also to take measures for identifying dead bodies that have not been identified;
16) to take measures in accordance with a federal law for prevention, detection and stopping of extremist activities of public associations, religious and other organisations and citizens;
17) to take part in measures for countering terrorism and ensuring the legal regime of counterterrorist operation and also ensuring the protection of potential targets of terrorist encroachments and the areas of congregation of citizens and in an expert assessment of the state of anti-terrorist protection and security of installations;
18) to carry out an expert examination in accordance with the legislation of the Russian Federation in criminal cases and cases of administrative offences and also research on operative search materials;
19) to exercise state control (supervision) over the observance of rules, standards, technical norms and other provisions of normative documents in the area of road traffic safety and also over the activities of the organisations responsible for compulsory technical inspection of motor vehicles and trailers for them; to regulate road traffic; to draw up documents on a road accident; to keep state record of the main indicators of road traffic safety level; to hold examinations for the right to drive motor vehicles, trams, trolleybuses and to issue driver's licences; to register in the procedure established by the legislation of the Russian Federation motor vehicles and trailers for them and issue in established cases certificates of their clearance for carriage of hazardous cargoes; to escort vehicles on the grounds and in the procedure envisaged by the Government of the Russian Federation; to approve routes of the vehicles carrying large-size cargoes and in the cases established by the legislation of the Russian Federation, heavy-weight cargoes;
20) to issue licences to citizens and organisations, provided there are the grounds envisaged by a federal law, to acquire civil and service weapons; licences to trade in weapons and in the main parts of firearms and rounds for them; licences to exhibit and/or collect weapons, the main parts of firearms and rounds for them; permits to store or to store and carry civil and service weapons, to store and carry honorary weapons, to transport, bring into the territory of the Russian Federation and take out of the territory of the Russian Federation said weapons and rounds for them; permits to store and use or to store and carry specific types and models of the combat hand firearms and service weapons received for temporary use from the police; to keep record in accordance with a federal law of weapons and rounds for them;
21) to control transactions in civil, service weapons and honorary weapons, ammunition and rounds for weapons, the preservation and technical condition of the combat hand firearms and service weapons temporarily used by citizens and organisations and also the observance by citizens and organisations of the legislation of the Russian Federation concerning transactions in weapons; to carry out check firing of rifled-barrel weapons;
22) to accept, store and destroy in the established procedure firearms, gas weapons, cold-steel and other weapons, rounds for weapons, explosives, explosive substances that have been seized, voluntarily surrendered and found, and also to accept, store and destroy narcotic drugs, psychotropic substances and the precursors thereof that have been seized, voluntarily surrendered and found;
23) to issue, if there are the grounds envisaged by a federal law, licences to pursue private detective (search) and security-guard activities; to issue identity documents of the established design to confirm the legal status of a private detective and the legal status of a private security guard; to hold qualification examinations for private security guards and contenders for an identity document of private security guard; to carry out periodically checks of private security guards and employees of legal entities with special statutory tasks for fitness to act in conditions relating to the use of firearms and special means;
24) to exercise control over the activities of private detectives and private security-guard organisations and also to take part in control over the activities of the educational institutions training and upgrading private detectives and the personnel of private security-guard organisations to check if they observe the requirements and conditions established by the legislation of the Russian Federation;
25) to guard under a contract property of citizens and organisations and also the installations subject to compulsory security protection of the police in accordance with the list endorsed by the Government of the Russian Federation; to provide quick response to messages on fire alarm and warning alarm going off at the installations connected to centralised surveillance panels, such installations being guarded by means of technical security facilities; to inspect in the procedure established by the government of the Russian Federation the security-guard units of legal entities with special statutory tasks and departmental security-guard units, except as another procedure is established by a federal law; to ensure in cooperation with federal security service bodies in the procedure established by the Government of the Russian Federation the protection of diplomatic missions, consular institutions, other official missions of foreign states and missions of international organisations if such protection is envisaged by international agreements of the Russian Federation;
26) to exercise control (supervision) of the observance by persons released from prison of the bans and restrictions established for them by a court in accordance with a federal law; to take part in control over the behaviour of convicts whose sentence is other than imprisonment or whose imprisonment sentence is conditional;
27) to carry out a state fingerprinting registration and a state genome registration in accordance with a federal law;
28) to implement in accordance with a federal law the state protection of victims, witnesses and other parties to a criminal court proceeding, judges, procurators, investigators and officials of law-enforcement and control bodies and also other protected persons;
29) to take part in ensuring the regime of martial law and the regime of state of emergency if they are introduced on the territory of the Russian Federation or in some regions thereof;
30) to render assistance to border-guard bodies of the federal security service in implementing measures for protecting the State Border of the Russian Federation, take part in control over the observance of the border regime, ensure on the representation of border-guard bodies of the federal security service a temporary restriction or ban on citizens' access to specific areas or installations in the vicinity of the State Border of the Russian Federation when border search and operations are under way, armed invasions in the territory of the Russian Federation are being repulsed or mass illegal crossing of the State Border of the Russian Federation is being obstructed;
31) to take in accordance with a federal law measures for stopping election canvassing and referendum canvassing that contravenes a law on canvassing in the course of election campaigns and of the preparation and conduct of referendums, to inform election commissions and referendum commissions of irregularities discovered and the measures taken in connection thereto; to provide information on requests of election commissions and referendum commissions on the availability of an unexpunged or unquashed conviction of persons being candidates for the office of President of the Russian Federation, candidates for deputies of legislative (representative) governmental bodies, candidates for elected local self-government offices; to protect the premises where ballot papers for elections and referendums are stored; to take part in ensuring the safety of citizens and law and order on the premises intended for voting and in the areas around them; to render other assistance if requested by election commissions and referendum commissions to ensure that these commissions freely execute their powers vested therein by a federal law;
32) to take part in accordance with the legislation of the Russian Federation in ensuring aviation safety in the area of civil aviation; to protect in the procedure established by the Government of the Russian Federation airports and airport infrastructure facilities; to issue statements on the possibility of persons being cleared for employment with an aviation security service if this employment is relating to installations of high danger for citizens' life and health and also for the environment;
33) to take part -- in the procedure defined by the federal executive governmental body in the area of internal affairs and the federal executive governmental body implementing state policy in the area of migration and carrying out law-enforcement functions, the functions of control, supervision and provision of state services in the area of migration -- in control over the observance by citizens of the Russian Federation and officials of the procedure for registering and deregistering citizens of the Russian Federation at their whereabouts and at their place of residence within the Russian Federation and also over the observance by foreign citizens and stateless persons of the procedure for permanent or temporary residence in the Russian Federation, entry in the Russian Federation, exit from the Russian federation and transit via the territory of the Russian Federation;
34) to send materials to a tax body so that it take a decision in the event of discovery of the circumstances that require the commission of an action falling within the powers of tax bodies of the Russian Federation according to the Tax Code of the Russian Federation, within ten days after said circumstances are discovered;
35) to render assistance to public health bodies in the delivery to medical organisations of persons who evade reporting on call to these organisations under a court's decision; to take part jointly with public heal bodies in the cases and in the procedure envisaged by the legislation of the Russian Federation in carrying out observation of persons with mental disorders, alcoholism or drug addiction who pose a danger for the people around them, for the purpose of preventing their committing crimes and administrative offences; to render assistance to medical personnel in the realisation of non-voluntary placement in a medical organisation ordered by a court and also provide medical personnel with safe conditions for getting access to and examining such persons;
36) to render assistance to state and municipal bodies, deputies of legislative (representative) governmental bodies, deputies of the representative bodies of municipal formations, registered candidates for the office of President of the Russian Federation, registered candidates for deputies of legislative (representatives) governmental bodies, candidates for elected local self-government offices, officials, members of election commissions and referendum commissions, representatives of public associations and organisations in the pursuance of their legal activities if they are obstructed or threatened; to information the top officials of subjects of the Russian Federation (the heads of the paramount executive governmental bodies of subjects of the Russian Federation) and elected local self-government officials (the heads of municipal formations) on the state of law and order on the relevant territory;
37) seize from citizens and officials documents having the signs of counterfeit and also the things which are withdrawn from civil circulation or whose circulation is restricted which citizens and officials have without a special permit, with a report being drawn up and a copy thereof being delivered to said citizens and officials;
38) to ensure the preservation of the documents, things, treasures, valuables and the other property which have been found and delivered to the police, and to return them to lawful possessors or to deliver them to relevant state or municipal bodies.
2. Other duties may be vested in the police only by means of amending the present Federal Law.
3. The procedure for exercising the duties vested in the police shall be defined by the federal executive governmental body in the area of internal affairs, unless it is the subject matter regulated by federal laws, normative legal acts of the President of the Russian Federation or normative legal acts of the Government of the Russian Federation.
Article 13. The Rights of the Police
1. The following rights are hereby granted to the police for the purpose of executing the duties vested therein:
1) to demand from citizens and officials that they stop wrongful actions and equally actions obstructing the legal activities of state and municipal bodies, deputies of legislative (representative) governmental bodies, deputies of the representative bodies of municipal formations, members of election commissions and referendum commissions and also the activities of public associations;
2) to check the personal identity documents of citizens if according to information available there are grounds to suspect them of having committed a crime or to believe that they are searched for or if there is a reason for bringing action against these citizens in a case of an administrative offence and equally if there are grounds for detaining them in the cases envisaged by a federal law; to check the permits (licences) and other documents of citizens, officials, public associations and organisations to commit the specific actions or to pursue the specific types of activity which are subject to control (supervision) by the police according to the legislation of the Russian Federation;
3) to summon citizens and officials to the police in respect of the criminal cases under investigation and of the cases of administrative offences in respect of which proceedings are under way and also in connection with applications and messages concerning the crimes, administrative offences and accidents which have been registered in the established procedure for the resolution of which the police is responsible; to receive the necessary explanations, statements and documents (copies thereof) concerning such cases, materials, applications and messages, for instance on instructions of an investigator and an inquirer; to effect capias ad respondendum in the cases and in the procedure envisaged by a federal law in respect of citizens and officials evading reporting without a good reason when summoned;
4) to demand and obtain, in connection with criminal cases under investigation and cases of administrative offences in respect of which proceedings are under way and also in connection with the verification of applications and messages concerning crimes, administrative offences and accidents which have been registered in the established procedure and are subject to resolution by the police, on a gratuitous basis on a substantiated request of empowered police officials from state and municipal bodies, public associations, organisations, officials and citizens information, statements, documents (copies thereof) and other necessary information, for instance personal data of citizens, except for cases when a special procedure is established by a federal law for getting information; to demand and obtain, while detecting and stopping tax crimes, from credit organisations statements concerning transactions and accounts of legal entities and citizens pursuing entrepreneurial activities without the formation of a legal entity; to demand and obtain, in the procedure defined by the federal executive governmental body in the area of internal affairs and the federal executive governmental body in charge of the functions of state policy elaboration and normative legal regulation in the area of public health, from medical organisations information about citizens who came with wounds and bodily injuries received as a result of road accidents and also about citizens having medical contraindications or restrictions for driving;
5) to visit the following in an unfettered manner on show of the service identity document in connection with the criminal cases under investigation and the cases of administrative offences in respect of which proceedings are under way and also in connection with applications and messages concerning crimes, administrative offences and accidents which have been registered in the established procedure and are subject to resolution by the police: state and municipal bodies, public associations and organisations, read the necessary documents and materials, for instance the personal data of citizens which are relating to the investigation of the criminal cases, the proceedings in the cases of administrative offences, the checking of applications and messages concerning the crimes, administrative offences and accidents;
6) to patrol inhabited localities and areas of congregation of people, install when necessary control-points and check-points, put out posts, for instance fixed ones and cordons and use other forms of maintaining law and order;
7) to demand that citizens (groups of citizens) leave the scene of a crime, administrative offence or accident if this is required for implementing investigation actions, operative search measures, documenting the circumstances of the crime, administrative offence or the circumstances of the accident, the preservation of the vestiges of the crime, administrative offence or accident, to ensure the safety of citizens; for the purpose of protecting the life, health and property to prevent them from getting into certain areas and installations or to obligate them to state in relevant areas and installations or to leave them; to address to groups of the citizens whose stay in public areas is not connected to public and mass events being conducted on a legal ground, asking them to disband or to move to another place, if the existing congregation of the citizens poses a threat to their life and health, to the life and health of other citizens or pieces of property, disrupts the operation of organisations and obstructs the movement of vehicles and pedestrians;
8) to draw up reports on administrative offences, gather evidence, use measures for securing proceedings in cases of administrative offences and take the other measures envisaged by the legislation on administrative offences;
9) to carry out investigative and commit other procedural actions in the cases and in the procedure envisaged by the criminal procedural legislation of the Russian Federation;
10) to carry out operative investigative measures; in the course of operative investigative activities to seize documents, things, materials and messages and commit the other actions envisaged by a federal law; to announce search and take measures for searching for the perpetrators or suspects and accused of crimes, persons unaccounted for and the other persons for the search for which the police is responsible according to the present Federal Law, and also to announce search and take measures for searching for stolen or hijacked vehicles, stolen property or property subject to confiscation;
11) to implement the measures envisaged by a federal law in the course of the control (supervision) exercised in accordance with Item 26 of Part 1 of Article 12 of the present Federal Law for observing the progress of social rehabilitation of persons released from prison;
12) to make binding representations in accordance with a federal law to the heads and officials of organisations for elimination of the reasons for and the conditions conducive to realisation of threats to citizens' safety and public security, commission of crimes and administrative offences;
13) to deliver citizens, i.e. to carry out their enforced escort, to the service premises of a territorial body or unit of the police, to the premises of a municipal body or other official premises for the purpose of resolving the issue of detaining a citizen (if this issue cannot be resolved on the spot); personal identification of a citizen if there are grounds to believe that he/she is searched for as having escaped from inquiry or investigation bodies or a court or evading the serving of a criminal sentence or as a person unaccounted for; protecting a citizen against an immediate threat to his life and health if he/she cannot take care of himself or a threat cannot be evaded otherwise and also in the other cases envisaged by a federal law, as involving the preparation of a report in the procedure established by Parts 14 and 15 of Article 14 of the present Federal Law;
14) to deliver to medical organisations citizens who stay in public places in the state of alcoholic, narcotic or another toxic intoxication and have lost the ability to move on their own or to orientate themselves in the environment; to deliver to medical organisations or to the service premises of a territorial body or unit of the police on a written application of a citizen the citizens who stay together with him/her in a dwelling in the state of alcoholic, narcotic or another toxic intoxication, if there are grounds to believe that they can cause harm to the life and health of citizens or damage property; to dispatch and/or deliver to relevant medical organisations for a medical check-up citizens for the purpose of assessing the availability in their bodies of alcohol or narcotic drugs, if the result of the check-up is required for the purposes of confirming or refuting the fact of commission of a crime or administrative offence, for a criminal case investigation, for an objective consideration of a case of administrative offence and also to carry out a check-up of said citizens for the purpose of assessing the state of intoxication in the procedure established by the Government of the Russian Federation;
15) to deliver the minors who have committed wrongdoing or anti-social actions and also who are neglected or lack care to temporary holding centres for minor offenders of internal affairs bodies, specialised institutions for minors in need for social rehabilitation or the service premises of a territorial body or unit of the police on the grounds and in the procedure envisaged by a federal law;
16) to carry out in the procedure established by the legislation on administrative offences a personal examination of citizens, an examination of the things the citizens carry on them, and also an examination of their vehicles, if according to available information they carry weapons, ammunition, rounds for weapons, explosives, explosive devices, narcotic drugs, psychotropic substances or the precursors thereof or poisonous or radioactive substances, to seize said things, facilities and substances if there are no legal grounds for the carriage or storage thereof; to take part in an examination of passengers, their hand baggage and baggage on rail, water or air transport, metro or to carry out such examination on its own for the purpose of seizing the things and items prohibited for carriage by means of transport;
17) to obtain for expert examination purposes on a written request by empowered officials of the police from organisations, irrespective of the form of ownership thereof, specimens and catalogues of their products, technical and technological documentation and the other information materials required for expert examination purposes; to study things and documents if there are signs of a wrongdoing which is being prepared or committed or has been committed; to carry out an expert examination (study) of documents which have been taken from citizens and officials and have signs of counterfeit and also the things the civil circulation of which is prohibited or restricted and which are held by citizens and officials without a special permit, and according to the results of such expert examination (study) to return these documents and things to the possessors or to attach them to the case file as evidence or to destroy them in the procedure established by the Government of the Russian Federation or to deliver them where appropriate in the established procedure;
18) to carry out jointly with the organisers of public and mass events for the purpose of ensuring the safety of citizens and law and order a personal examination of citizens and of the things they carry when they enter the areas of the installations, open sites or public places where such events are held, through the use where necessary of technical means, or if a citizen refuses to undergo a personal examination to deny his admittance to such areas, sites and public places;
19) to register, photograph and do audio, cine and video recording and fingerprinting of persons who have been apprehended on suspicion of having committed a crime, put in custody, accused of having committed crimes, subjected to an administrative sanction in the form of an administrative arrest and other detained persons, if their person could not be reliably identified within the established term of detention, and also other persons according to a federal law;
20) to halt vehicles if it is required for the purpose of executing the duties vested in the police in the area of road traffic safety, to check the documents certifying the right to use and drive them, the documents relating to the vehicles and the cargoes carried, the availability of a policy of compulsory insurance of the civil liability of vehicle keepers; to carry out an inspection of vehicles and cargoes as involving the participation of the drivers or the citizens accompanying the cargoes if they are suspected of being used for wrongful purposes, with a relevant report being drawn up; to apprehend vehicles being searched for; to temporarily restrict or prohibit road traffic, change the arrangement of traffic on specific road sections when public and mass events take place and in other cases for the purpose of creating the necessary conditions for safe movement of vehicles and pedestrians or if the use of vehicles threatens road traffic safety, temporarily restrict or prohibit road traffic at the railway crossings which do not meet the rules for maintaining them in a condition safe for road traffic; to issue in the established procedure permits for installation of special light and sound signal devices as well as conditional identification signs (signals) on motor vehicles;
21) to demand from state and municipal bodies, public associations and organisations the implementation of the measures envisaged by the road traffic safety legislation; to restrict or prohibit repair, construction and other works on roads if they are carried out in breach of provisions of normative legal acts on road traffic safety; to apprehend vehicles and to suspend drivers from driving vehicles in the cases and in the procedure envisaged by the legislation of the Russian Federation; to prohibit the operation of motor vehicles and trailers for them, tractors and other self-propelled machinery if there are technical disorders endangering road traffic safety, the motor vehicles whose keepers have not executed the duty to insure civil liability as established by a federal law and also the vehicles which have not passed a compulsory serviceability test or have concealed, faked or modified numbers of assemblies and units or counterfeit or modified state registration number plates and equally have a marking that does not comply with the data stated in registration papers, for instance in the cases envisaged by a federal law, with the state registration number plates being removed until the elimination of the reasons serving as a ground for such ban; in the course of state control (supervision) in the area of road traffic safety to check the activities of organisations and individual entrepreneurs, to issue orders for officials of these organisations and for the individual entrepreneurs to eliminate the irregularities discovered, for instance breach of the provisions of normative legal acts on road traffic safety in the event of construction, repair, re-construction and maintenance of roads;
22) to check the places of manufacture, storage, trade, collection and exhibition of weapons, the main parts of firearms, the places of manufacture of rounds for weapons and components of rounds, and also to inspect the facilities where they circulate, the places where ammunition is salvaged; to approve the requirements applicable to the contents of programmes of training for persons for the purpose of studying the rules for the safe handling of weapons and acquiring the skills of safe handling of weapons; to establish a procedure for checking the knowledge the rules for the safe handling of weapons and the availability of the skills of safe handling of weapons in the organisations designated by the Government of the Russian Federation and take part in the verification of such knowledge and skills in these organisations; to check the places of storage and use of special means in private security-guard organisations; to issue binding orders on the results of checks/verification to citizens and officials for elimination of the discovered violations of the rules for the circulation of weapons, ammunition, rounds for weapons and special means; to seize in the cases envisaged by the legislation of the Russian Federation weapons, ammunition, rounds for weapons, the main components thereof and special means; to restrict in the procedure established by the legislation of the Russian Federation the activities of relevant facilities and apply the other measures envisaged by Federal Law No. 150-FZ of December 13, 1996 on Weapons; to take part in accordance with the legislation of the Russian Federation in the verification of the places of manufacture, storage, use and distribution of industrial explosives and fireworks items, Class IV and V;
23) to establish the reliability of the information contained in the documents filed for the purposes of taking a decision on issuance of licences or the permits mentioned in Items 20 and 23 of Part 1 of Article 12 of the present Federal Law, for instance by means of holding an interview with the licence-seeker or permit-seeker and also by means of sending inquiries to relevant law-enforcement, licensing, controlling, supervising and other state bodies; to extend and re-issue issued licences and permits, and refuse to issue licences and permits if there are the grounds envisaged by a federal law; if irregularities have been discovered to take measures for suspending licences and permits and cancelling them as well as the other measures envisaged by a federal law; to extend the effective term and take a decision on suspending the effective term or on cancelling the identity document of a private security guard (a replacement copy thereof);
24) to freely enter on show of the service identity document in the premises occupied by private detectives and private security-guard organisations and also in the premises of the educational institutions engaged in the professional training and upgrading of personnel of private security-guard organisations for the purpose of executing the duties vested in the police in terms of exercising control over the observance of the legislation of the Russian Federation in the area of private detective (search) and security-guard activities; to inspect the places of storage of special means and firearms; to check the organisation of security arrangements of private security-guard organisations for their conformity with established rules; to receive written and oral information on private detectives, private security-guard organisations, private security guards and the educational institutions carrying out the professional training and upgrading of private detectives and personnel of private security-guard organisations; to check private security guards and employees of legal entities with special statutory tasks for fitness to act in conditions relating to the use of firearms and special means; to issue binding orders for elimination of discovered breach of the rules for private detective (search) and security activities;
25) to demand from citizens the observance of access-control and intra-installation regimes at the installations guarded by the police; to examine and/or inspect citizens, inspect the things they carry, examine and/or inspect vehicles as they enter in guarded installations and exit from guarded installations; to verify the conditions of storages of property at guarded installations; to take measures -- if irregularities posing a threat to citizens' safety at guarded installations and conditions conducive to theft of property have been detected -- for stopping said irregularities and eliminating said conditions; to freely enter in the premises of guarded installations, inspect them while chasing trespassers who have entered guarded installations without permission and while apprehending persons suspected of having committed crimes or administrative offences; to use technical facilities not causing harm to the life and health of citizens or the environment for the purpose of detecting and seizing property which is illegally brought into (taken out) by human beings or vehicles and of recording wrongful acts;
26) to issue to the heads and officials of the organisations whose installations are under police protection according to the list endorsed by the Government of the Russian Federation, and in accordance with the legislation of the Russian Federation, to the heads and officials of other organisations orders for observance of established provisions governing the engineering and technical structural strength of installations and for safeguarding the safety of citizens; to issue binding orders in the course of an inspection of the security-guard units of legal entities with special statutory tasks and departmental security-guard units for elimination of discovered irregularities in their security activities, in the area of circulation of weapons and in the arrangements for preserving state and municipal property, except as otherwise established by a federal law;
27) in the course of control over aviation safety arrangements in civil aviation to carry out inspections of the observance of the rules for pre-flight examination, access-control and intra-installation regimes; to request and obtain the necessary documents and information from the heads of organisations, aerodrome aviation safety services, airports, aviation enterprises, departmental security-guard units, the federal executive governmental body empowered in the area of transport and also from carriers, consignors and other organisations; to issue to the heads of organisations binding orders for elimination of discovered breach of aviation safety provisions and to check the performance of these orders; if information is available about a probable breach of aviation safety provisions on board an aircraft, to escort it during its flight; to apprehend the baggage, cargoes and post containing things and substances prohibited for being carried by aircraft;
28) to take part in tax inspections on requests of tax bodies of the Russian Federation;
29) to receive information deemed tax secret for the purpose of preventing, detecting and solving crimes in accordance with the legislation of the Russian Federation;
30) to use on the terms and in the procedure envisaged by a federal law measures for state protection of victims, witnesses and other parties to criminal court proceedings, procurators, investigators and officials of law-enforcement and control bodies and other protected persons;
31) to apply during the effective term of martial law, state of emergency or counterterrorist operation the measures and temporary restrictions established by federal constitutional laws and federal laws;
32) to receive, record, store, classify, use, provide and destroy fingerprinting and genome information in accordance with the legislation of the Russian Federation;
33) to use in its activities information systems, video and audio facilities, cine and photographic apparatuses and also other technical and special means not causing harm to the life and health of citizens and also to the environment; to run video banks and video libraries of the persons who are (who have been) party to a case and mentioned in police check materials; to form, run and use databanks containing operative-reference, criminalistics, expert-criminalistics, search and other information on persons, things and facts; to use databanks of other state bodies and organisations, for instance the personal data of citizens, except otherwise established by a federal law;
34) to have citizens take part in cooperation as off-the-list-of-staff persons on the consent thereof; to establish covert cooperation with the citizens who have expressed their will to render concealed assistance to the police without a compensation or with a compensation; to announce a reward for help in solving crimes and apprehending the perpetrators thereof and pay it out to citizens; to provide incentives to the citizens who have given assistance to the police in the execution of the duties vested therein; to invite for consultations in the established procedure specialists of state and municipal bodies and organisation, with their salaries (allowance of money) being retained by them at their main job (service);
35) to use on a non-compensation basis the capabilities of the mass media and the information-telecommunication network Internet for the purpose of placing information to establish the circumstances in which crimes are committed, the perpetrators thereof and also to search for persons who have escaped from inquiry or preliminary investigation bodies or a court and persons unaccounted for;
36) to freely use for official purposes the communication facilities belonging to state enterprises, institutions and organisations, and in urgent cases, the communication facilities belonging to non-state enterprises, institutions and organisations and also public associations and citizens;
37) to use in urgent cases vehicles belonging to state and municipal bodies, public associations and organisations (except for vehicles belonging to diplomatic missions and consular institutions of foreign states or missions of international organisations), and in exceptional cases, vehicles belonging to citizens to stop crimes, pursue perpetrators or suspects, to deliver citizens in need for urgent medical aid to medical organisations, to tow damaged vehicles from a road accident scene, to go to the scene of a crime or an administrative offence, to the scene of an accident, removing when necessary the drivers from control of these vehicles, with a compensation being provided in the procedure established by a federal law on a request of the keepers of the vehicles for the expenses they have incurred or material damage they have sustained.
2. The right to commit the actions envisaged by Item 20 and 21 of Part 1 of the present article shall be granted to specifically empowered police officers.
3. The procedure for realisation of the rights granted to the police, unless it is the subject matter regulated by federal laws, normative legal acts of the President of the Russian Federation or normative legal acts of the Government of the Russian Federation, shall be defined by the federal executive governmental body in the area of internal affairs.
4. The demands (requests, representations and orders) of empowered police officials envisaged by Items 4, 12, 17, 21, 23, 24, 26 and 27 of Part 1 of the present article are binding on all state and municipal bodies, organisations, officials and other persons and they be performed within the term set in the demand (request, representation and order) but in any case within one month after the time of delivery of the demand (request, representation and order).
Chapter 4. The Application of Specific Measures of State Enforcement by the Police
Article 14. The Detention
1. The police shall protect everyone's right to freedom and personal immunity. Before a court's decision in the cases established by the present Federal Law and other federal laws a person shall not be detained for a term exceeding 48 hours.
2. The police is entitled to detain:
1) persons suspected of having committed a crime and also persons for whom a restraint has been chosen in the form of custody -- on the grounds, in the procedure and for the term envisaged by the criminal procedural legislation of the Russian Federation;
2) persons who have escaped from custody, persons who evade serving a criminal sentence, receiving an order for going to the place where a sentence is to be served or who have not reported to the place where a sentence is to be served, within the term specified in said order -until they are handed over to relevant bodies, institutions or to officials of these bodies and institutions;
3) persons evading the performance of an administrative penalty in the form of an administrative arrest -- until they are brought to the places of administrative arrest;
4) persons searched for -- until they are handed over to relevant bodies, institutions or to officials of these bodies and institutions;
5) the persons in respect of whom proceedings are under way in cases of administrative offences -- on the grounds, in the procedure and for the term envisaged by the legislation on administrative offences;
6) military servicemen and citizens of the Russian Federation who have been drafted to undergo a military training session or are suspected of having committed a crime -- until they are handed over to military patrols, a military commandant, the commanders of military units or to a military commissioner;
7) persons evading the service of medical enforced measures or compulsory educational influence measures ordered for them by a court -- until they are brought to the institutions ensuring the performance of such measures;
8) persons evading the travel to specialised medical-treatment institutions to perform medical enforced measures ordered for them by a court -- on the grounds, in the procedure and for the term envisaged by a federal law;
9) persons who are in breach of curfew rules -- on the grounds, in the procedure and for the term envisaged by a federal constitutional law;
10) persons who have entered or who have tried to enter guarded installations -- until their person is identified but in any case for up to three hours;
11) persons who have attempted suicide or have signs of a manifested mental disorder and by their actions pose a threat to themselves and surrounding people -- until they are brought to medical-treatment institutions or their places of residence;
12) persons who have escaped from a mental medical treatment institution or evade non-voluntary placement in such institution ordered by a court -- until they are brought to the mental medical treatment institution;
13) persons in respect of whom an extradition demand has been received -- until they are handed over to a foreign state on the grounds, in the procedure and for the term envisaged by the legislation of the Russian Federation or an international agreement of the Russian Federation.
3. In each case of detention police shall carry out the actions envisaged by Part 4 of Article 5 of the present Federal Law and also explain to the detained person (hereinafter referred to as "detainee") his right to have legal assistance, the right to interpreter's services, the right to notify his close relatives or friends when apprehended and the right to refuse to give explanations.
4. The period of detention shall be counted from the time when the person's freedom of movement is actually restricted. The period of administrative detention shall be counted in accordance with the legislation on administrative offences.
5. Starting from the time of detention a detainee is entitled to use the services of a lawyer (counsel for the defence) and an interpreter in accordance with a federal law.
6. Detainees, the things and documents they have on them and also their means of transport shall be examined in the procedure established by the legislation on administrative offences, except as another procedure is established by a federal law.
7. Except as otherwise established by the criminal procedural legislation of the Russian Federation, as soon as possible but in any case within three hours after being detained a detainee is entitled to one telephone conversation for the purpose of notifying close relatives or close persons of his detention and whereabouts. On the detainee's request such notification may be made by police.
8. About each case of detention of a minor the police shall immediately notify his parents or other legal representatives.
9. About the detention of a military serviceman the police shall notify the command of the military unit with which he/she is undergoing military service.
10. About the detention of a foreign citizen or a national of a foreign state the police shall notify the embassy (consulate) of the relevant state in accordance with the legislation of the Russian Federation.
11. No right to a telephone conversation shall be given and no notification shall be made in the cases when detainees are the persons mentioned in Items 2, 3, 4, 7, 8 and 12 of Part 2 of the present article.
12. If necessary, the police shall take measures for rendering first aid to a detainee as well as measures for elimination of the threat to the life and health of citizens or pieces of property that occurred at the detention.
13. A register of detainees shall be kept in the police in the procedure defined by the federal executive governmental body in the area of internal affairs. The information contained in the register shall not be provided to third persons, except for the cases envisaged by a federal law.
14. A report shall be drawn up in respect of detention as containing the date, time and place of its being drawn up, the position, surname and initials of the police officer who drew up the report, information on the detainee, the date, time, place, grounds and reasons for the detention, and also the fact of the detainee's close relatives or close persons having been notified.
15. The report on detention shall be signed by the police officer who has drawn it up and by the detainee. If the detainee refuses to sign the report a relevant annotation shall be entered in the report on detention. A copy of the report shall be given to the detainee.
16. Detainees shall be kept on premises specifically designated for that purpose under guard in conditions precluding a threat to their life and health. The housing conditions, food standards and the procedure for rendering medical services to detainees shall be defined by the Government of the Russian Federation. Before being placed in specifically-designated premises and after the end of the detention period detainees shall be inspected and the results of the inspection shall be entered in the report on detention.
Article 15. Entering in (Getting into) Dwellings and Other Premises, Land Plots and Areas
1. The police shall protect everyone's right to the inviolability of residence.
2. Police are not entitled to enter dwellings contrary to the will of the citizens residing therein, except as in the cases and in the procedure established by federal constitutional laws, the present Federal Law and other federal laws.
3. Police's getting into the dwellings, other premises and land plots belonging to citizens, the premises, land plots and areas occupied by organisations (except for the premises, land plots and areas of diplomatic missions and consular institutions of foreign states and missions of international organisations) is admissible in the cases envisaged by the legislation of the Russian Federation and also:
1) for the purpose of saving the life of citizens and/or their property, ensuring the safety of citizens or law and order in the event of mass disorders and emergencies;
2) for the purpose of apprehending persons suspected of having committed a crime;
3) for the purpose of stopping a crime;
4) for the purpose of establishing the circumstances of an accident.
4. While getting into the dwellings, other premises and land plots belonging to citizens, the premises, land plots and areas occupied by organisations in the cases envisaged by Part 3 of the present article police are entitled where necessary to break (destroy) the locks, components and structures making it impossible to get into said premises and said land plots and areas and to inspect the facilities and means of transport located therein.
5. While entering (getting into) dwellings police shall do the following:
1) before entering the dwellings shall notify the citizens who stay there of the grounds for the entry, except for case when a delay poses an immediate threat to the life and health of citizens and police or can cause other grave consequences;
2) while getting into dwellings contrary to the will of the citizens who stay therein shall use safe techniques and means, treat with respect the honour, dignity, life and health of citizens and cause the unnecessary damage to their property;
3) abstain from disclosing the facts of private life of the citizens who stay in the dwellings which have become known to them in connection with the entry (getting into) in the dwellings;
4) shall inform their immediate chief and within 24 hours submit a report on the fact of entry (getting into) the dwellings.
6. About each case when police get into dwellings the owner of the quarters and/or the citizens who reside there shall be informed as soon as possible but in any case within 24 hours after it occurs, if it occurs when they were not present.
7. About each case when police enter dwellings contrary to the will of the citizens who stay there a procurator shall be notified in writing within 24 hours.
8. The police shall take measures for preventing access by unauthorised persons to the dwellings, other premises and land plots belonging to citizens, to the premises, land plots and areas occupied by organisations and for guarding the property available there if the entry (getting into) was accompanied by the actions envisaged by Part 4 of the present article.
Article 16. Cordoning-off (Blocking) Sites, Dwellings, Structures and Other Installations
1. The police shall protect the right of free movement of everyone who legally stays on the territory of the Russian Federation. A restriction by the police of citizens' freedom of movement is admissible only in the cases envisaged by the present Federal Law and other federal laws.
2. By a decision of the head or acting head of a territorial body the police is entitled to cordon off sites:
1) when the aftermath of accidents, natural and man-made disasters and other emergencies is being eliminated, when quarantine measures are under way during an epidemic and/or epizootic;
2) when measures are being taken to stop mass disorders and other acts disrupting transport traffic and the operation of communication facilities and organisations;
3) when search is under way for persons who have escaped from custody and persons who are evading serving a criminal sentence;
4) when pursuit is under way of persons suspected to have committed a crime;
5) when a counterterrorist operation is under way and when information about the discovery of explosives or explosion devices or poisonous or radioactive substances is being verified.
3. When sites are cordoned off (blocked) vehicle and pedestrian traffic may be restricted or banned if its required to ensure the safety of citizens and law and order, conduct investigation, operative search, protect the scene of a crime or administrative offence, the scene of an accident and also to protect pieces of property which are endangered.
4. Cordoning (blocking) may also be implemented in respect of dwelling premises, structures and other facilities belonging to citizens and organisations if it is required to prevent a threat to the life and health of citizens who cannot be protected otherwise.
5. While committing the actions mentioned in Parts 2-4 of the present article the police shall take measures for ensuring the normal life of the public and explain to citizens the movement routes most acceptable in the prevailing situation.
Article 17. Forming and Keeping Databanks Concerning Citizens
1. The police is entitled to process the data concerning citizens required to execute the duties vested in the police, with the obtained information being then fed into databanks concerning citizens (hereinafter referred to as "databanks").
2. Databanks shall be formed and kept in accordance with the requirements established by the legislation of the Russian Federation.
3. Information about the following shall be fed into databanks:
1) the persons suspected or accused of having committed crimes;
2) the persons convicted for the commission of crimes;
3) the persons who have committed a crime or a socially-dangerous act and have been subjected to enforcement measures of medical nature;
4) the persons in respect of whom a judgement on termination of criminal prosecution due to the expiry of the period of limitations, reconciliation of the parties, an act of amnesty or in connection with active repentance;
5) the minors relieved from criminal liability or relieved by a court from punishment through the use of compulsory educational influence measures; the minors who have committed offences and/or anti-social acts, their parents or other legal representatives who fail to execute their duties of upbringing, educating and/or maintaining children and/or who exert an negative effect on their behaviour or deal cruelly with them;
6) the persons in respect of whom an act of pardon or an act of amnesty has been applied to relieve them from punishment;
7) the persons in respect of whom a crime has been committed;
8) the persons who have committed an administrative offence;
9) wanted persons;
10) persons unaccounted for;
11) persons in a helpless condition and incapable of providing information about themselves due to their state of health or age;
12) the keepers of vehicles;
13) the persons who have received a driver's licence;
14) the persons who have received an identity documents of private security guard;
15) the persons who have received a licence to pursue private detective (search) activities;
16) the persons registered for preventive purposes;
17) the persons for whom operative record files have been opened;
18) the persons who have undergone state fingerprinting registration;
19) the persons who have undergone state genome registration;
20) the persons subject to state protection;
21) the persons having weapons;
22) the persons rehabilitated in accordance with the legislation of the Russian Federation;
23) the foreign citizens and stateless persons in respect of whom a decision on deportation or administrative expulsion has been taken.
4. The police shall ensure the protection of the information contained in databanks from unauthorised and accidental access, destruction, copying, dissemination and other wrongful actions.
5. The information contained in databanks shall be provided to state bodies and their officials only in the cases envisaged by a federal law; to law-enforcement bodies of foreign sates and international police organisations, in accordance with international agreements of the Russian Federation.
6. In the procedure established by the legislation of the Russian Federation the police shall provide a citizen with an opportunity for familiarising himself with the information which is contained in databanks and directly affects his rights and freedoms.
7. Personal data shall be processed in accordance with the requirements established by the legislation of the Russian Federation in the area of personal data.
8. The personal data contained in databanks shall be destroyed when the purpose of processing has been achieved or the need for achieving that purpose has been lost.
Chapter 5. Using Physical Force, Special Means and Firearms
Article 18. The Right to Use Physical Force, Special Means and Firearms
1. Police is entitled to use physical force, special means and firearms in person or as members of a unit (group) in the cases and in the procedure envisaged by federal constitutional laws, the present Federal Law and other federal laws.
2. A list of the special means, firearms and rounds for them and ammunition the police has in service shall be established by the Government of the Russian Federation. The police is hereby prohibited to accept for service special means, firearms and rounds for them and ammunition which inflict too grave injuries or serve as a source of an unjustified risk.
3. In the state of justifiable defence, in extreme need or while apprehending a person who has committed a crime a police officer if he/she lacks the necessary special means or firearms is entitled to use any improvised means and also on the grounds and in the procedure established by the present Federal Law to use weapons other than those deemed the standard ones of the police.
4. A police officer shall undergo special training and also a periodical test of professional fitness for actions in conditions relating to the use of physical force, special means and firearms.
5. The contents of programmes of special training of police shall be defined by the federal executive governmental body in the area of internal affairs.
6. The right to use special light and sound facilities and also means of destruction of barriers shall belong to the police officer who has received a relevant clearance in the established procedure.
7. A police officer who has not undergone a test of professional fitness for actions in conditions relating to the use of physical force, special means and firearms shall undergo an evaluation of qualification for compliance with the position he/she occupies. Until a decision is issued on compliance with the position he/she occupies the police officer shall be suspended from his duties relating to the probable use of physical force, special means and firearms.
8. If a police officer has gone beyond the powers while applying physical force, special means or firearms he/she shall be held accountable as established by the legislation of the Russian Federation.
9. A police officer shall not be accountable for harm caused to citizens and organisations through the application of physical force, special means or firearms and the use of physical force, special means or firearms was on the grounds and in the procedure established by federal constitutional laws, the present Federal Law and other federal laws.
Article 19. Procedure for the Use of Physical Force, Special Means and Firearms
1. Before using physical force, special means or firearms, a police officer shall inform the persons in respect of whom he/she intends to use physical force, special means or firearms that he/she is a police officer, warn them of his intent and provide them with an opportunity and time for performing the legal demands of the police officer. If physical force, special means or firearms are used by a unit (group) said warning shall be given by one of the police officers who are included in the unit (group).
2. The police officer is entitled to abstain from warning of his intent to use physical force, special means or firearms if a delay in the use thereof poses an immediate threat to the life and health of a citizen or a police officer or can cause grave consequences.
3. While using physical force, special means or firearms the police officer shall act with due regard to the prevailing situation, character and degree of actions of the persons to whom physical force, special means or firearms are applied, and the character and force of the resistance rendered by them. While doing so, the police officer shall strive to minimise any damage.
4. The police officer shall render first aid to a citizen who has got bodily injuries as the result of the use of physical force, special means or firearms and also take measures for providing him/her with medical assistance as soon as possible.
5. Notification of infliction of bodily injuries as the result of the police officer using physical force, special means or firearms shall be given by the police to close relatives or close persons of the citizen as soon as possible but in any case within 24 hours.
6. Notification shall be provided to a procurator within 24 hours of each case when a citizen is wounded or dies as the result of a police officer using physical force, special means or firearms.
7. The police officer shall preserve the scene of a crime an administrative offence or the scene of an accident as it was if the result of his using physical force, special means or firearms a citizen has been wounded or has died.
8. About each case of the use of physical force resulting in harm to the health of a citizen or material damage to a citizen or an organisation, and also about each case of the use of special means or firearms the police officer shall inform his direct supervisor or the head of the nearest territorial body or unit of the police and submit a relevant report within 24 hours after the time when they were used.
9. As a member of a unit (group) a police officer shall use physical force, special means and firearms in accordance with a federal law as governed by orders and instructions of the head of that unit (group).
Article 20. Using Physical Force
1. In the following cases a police officer is entitled to use, either in person or as a member of a unit (group), physical force, including for instance combat fighting techniques, if non-violent means do not guarantee the execution of the duties vested in the police:
1) to stop crimes and administrative offences;
2) to deliver the perpetrators of crimes and administrative offences to the service premises of a territorial body or unit of the police, the premises of a municipal body or other service premises and to detain them;
3) to overcome resistance to legal demands of police.
2. The police officer is entitled to use physical force in all cases when the present Federal Law allows to use special means or firearms.
Article 21. Using Special Means
1. In the following cases a police officer is entitled to use, either in person or as a member of a unit (group), special means:
1) to ward off an assault against a citizen or a police officer;
2) to stop a crime or administrative offence;
3) to stop resistance offered to police;
4) to apprehend a person who is caught as he/she was committing a crime and who is trying to escape;
5) to apprehend a person if that person can offer armed resistance;
6) to deliver to the police, escort and guard detainees, persons in custody, persons subjected to an administrative penalty in the form of a administrative arrest and also to stop an attempt at escaping, if the person offers resistance to police or causes harm to surrounding people or himself/herself;
7) to release persons detained by force, captured buildings, premises, structures, vehicles and land plots;
8) to stop mass disorders and the other wrongful actions disrupting transport traffic and the operation of communication facilities and organisations;
9) to stop a vehicle whose driver failed to comply the demand to halt issued by a police officer;
10) to detect the persons who are committing or have committed administrative offences;
11) to protect guarded installations, block the movement of groups of citizens committing wrongful actions.
2. The police officer is entitled to use the following special means:
1) special batons in the cases envisaged by Items 1-5, 7, 8 and 11 of Part 1 of the present article;
2) special gas facilities in the cases envisaged by Items 1-5, 7 and 8 of Part 1 of the present article;
3) movement restriction facilities in the cases envisaged by Items 3, 4 and 6 of Part 1 of the present article. If there are no movement restriction facilities the police officer is entitled to use improvised tie-up facilities;
4) special dyers and markers in the cases envisaged by Items 10 and 11 of Part 1 of the present article;
5) electric shockers in the cases envisaged by Items 1-5, 7 and 8 of Part 1 of the present article;
6) light shockers in the cases envisaged by Items 1-5, 7 and 8 of Part 1 of the present article;
7) service animals in the cases envisaged by Items 1-7, 10 and 11 of Part 1 of the present article;
8) special light and sound facilities in the cases envisaged by Items 5, 7, 8 and 11 of Part 1 of the present article;
9) forced vehicle halting facilities in the cases envisaged by Items 9 and 11 of Part 1 of the present article;
10) freezing facilities in the cases envisaged by Items 1-5 of Part 1 of the present article;
11) water cannons in the cases envisaged by Items 7, 8 and 11 of Part 1 of the present article;
12) armoured vehicles in the cases envisaged by Items 5, 7, 8 and 11 of Part 1 of the present article;
13) facilities intended to protect guarded installations (areas) and block the movement of groups of citizens committing wrongful acts in the cases envisaged by Item 11 of Part 1 of the present article;
14) barrier destruction facilities in the cases envisaged by Items 5 and 7 of Part 1 of the present article.
3. A police officer is entitled to use special means in all cases when the present Federal Law allows to use firearms.
Article 22. Bans and Restrictions Relating to the Use of Special Means
1. Police is hereby prohibited to use special means:
1) in respect of women with apparent signs of pregnancy, persons with apparent signs of disability and minors, except for cases when said persons offer armed resistance, commit a group or another assault threatening the life and health of citizens or a police officer;
2) while stopping illegal meetings, rallies, demonstrations, marches and pickets of non-violent character which do not break law and order or disrupt the operation of transport, communication facilities and organisations.
2. Special means shall be used with due regard to the below restrictions:
1) the special baton shall not be used to deliver blows to human head, neck, collar-bone area, abdomen, genital organs and heart projection area;
2) water cannons shall not be used when the ambient air temperature is below zero degree Celsius;
3) forced vehicle halt facilities shall not be applied to vehicles intended for carrying passengers (if there are passengers), vehicles belonging to diplomatic missions and consular institutions of foreign states and also to motorcycles, cycle-cars, scooters and mopeds; on mountain roads or road sections with limited visibility; at railway crossings, on bridges, overpasses/underpasses, flyovers and in tunnels;
4) at an installation special dyers shall be set up on the consent of the owner of the installation or of the person empowered by the owner, and in this case police shall take measures preventing the use of said facilities against occasional passers-by.
3. The use of water cannons and armoured vehicles shall take place by a decision of the head of a territorial body, with a procurator being subsequently informed within 24 hours.
4. Other restrictions relating to the use of special means by police may be established by the federal executive governmental body in the area of internal affairs.
5. A deviation from the bans and restrictions established by Parts 1 and 2 of the present article if special means are used on the grounds envisaged by Part 1 of Article 23 of the present Federal Law.
Article 23. Using Firearms
1. In the following case a police officer is entitled to use, either in person or as a member of a unit (group), firearms:
1) to protect another person or himself against an encroachment if such encroachment involves violence dangerous for life or health;
2) to stop an attempt at capturing the firearms or a vehicle of the police, the special and combat machinery deemed standard weaponry (materiel) of the police;
3) to release hostages;
4) to apprehend a person who is caught in the course of an act having signs of a grave or especially-grave crime against life, health or property and is trying to escape, if the person cannot be apprehended otherwise;
5) to apprehend a person who offers armed resistance and also a person who refuses to comply with a legal demand to surrender the weapons, ammunition, explosives, explosion devices, poisonous or radioactive substances he/she has on him/her;
6) to repulse a group or armed assault on buildings, premises, structures and other installations of state and municipal bodies, public associations, organisations and citizens;
7) to stop the escape from places of custody of suspects and perpetrators of crimes or the escape of escorted persons who have been apprehended on suspicion of having committed a crime, persons subjected to preventive measure in the form of custody, persons convicted for imprisonment and also to stop an attempt at releasing said persons by force.
2. The "armed resistance" and "armed assault" mentioned in Items 5 and 6 of Part 1 of the present article mean a resistance and assault carried out through the use of weapons of any kind or things having the structural appearance with real weapons and undistinguishable from them or things, substances and mechanisms whereby grave harm to health or death can be caused.
3. The police officer is also entitled to use firearms:
1) to halt a means of transport by means of damaging it, if its driver refuses to comply with repeated demands by a police officer to halt and is trying to escape while posing a threat to the life and health of citizens;
2) to neutralise an animal threatening the life and health of citizens and/or a police officer;
3) to destroy the locks, components and structures obstructing entry in dwellings and other premises, on the grounds envisaged by Article 15 of the present Federal Law;
4) to fire a warning shot, make an alarm signal or call for help by means of firing upwards or in another safe direction.
4. The police officer is entitled to use restricted-effect service firearms in all the cases envisaged by Parts 1 and 3 of the present article and also in the cases envisaged by Items 3, 4, 7 and 8 of Part 1 of Article 21 of the present Federal Law.
5. It is hereby prohibited to use firearms by means of firing a shot to engage women, persons having apparent signs of disability and minors when their age is apparent or known to the police officer, except for cases when said persons offer armed resistance, commit an armed or group assault threatening the life and health of citizens or a police officer.
6. The police officer is not entitled to use firearms in a significant congregation of citizens if the use thereof can result in an injury to persons who are not involved.
Article 24. Guarantees of the Personal Safety of an Armed Police Officer
1. A police officer is entitled to bare a firearm and activate it if in the prevailing situation there can appear the grounds for using it envisaged by Article 23 of the present Federal Law.
2. If a person being apprehended by the police officer with the bare firearm has approached the police officer, having reduced while approaching the distance directed by the police officer or has touched his firearm, the police officer is entitled to use the firearm in accordance with Items 1 and 2 of Part 1 of Article 23 of the present Federal Law.
Chapter 6. The Legal Status of a Police Officer
Article 25. The Police Officer
1. The police officer is a citizen of the Russian Federation who pursues his official activities in a position of the federal state service with internal affairs bodies and on whom a special rank envisaged by Article 26 of the present Federal Law has been conferred.
2. A police officer shall be deemed to undergo service with the police also if:
1) he is under the command of the federal executive governmental body in the area of internal affairs, a territorial body or an organisation incorporated in the system of said federal body;
2) has been posted to state bodies and also to organisations on the terms and in the procedure established by the President of the Russian Federation.
3. A police officer undergoing service with a territorial body shall execute the duties vested in the police and realise the rights granted to the police, within the territory serviced by that territorial body in accordance with the position he/she occupies and position regulations (position instructions). Outside of said territory the police officer shall execute the duties vested in the police and realise the rights granted to the police, in the procedure defined by the head of the federal executive governmental body in the area of internal affairs.
4. The police officer shall be issued with a service identity document, special badge with a personal number and a breastplate whose designs are endorsed by the federal executive governmental body in the area of internal affairs.
5. The police officer shall be provided with uniforms at the expense of budget appropriations of the federal budget. The design of the uniforms of a police officer shall be endorsed by the Government of the Russian Federation. A breastplate shall be attached to the uniform of the police officer on duty in public places to allow his identification.
6. The police officer is entitled to carry and store firearms and special means. The procedure for handing out, carriage and storage of firearms and special means shall be defined by the federal executive governmental body in the area of internal affairs.
7. The police officer is subject to compulsory state fingerprinting registration in the procedure defined by the federal executive governmental body in the area of internal affairs.
8. Some positions in the police may be occupied by federal state civil employees.
Article 26. The Special Ranks of Police Officers
1. The following special ranks shall be conferred on police officer:
1) rank and file officers: private of police;
2) junior commanding staff: junior sergeant of police, sergeant of police, senior sergeant of police, sergeant-major of police, warrant officer of police, senior warrant officer of police;
3) medium commanding staff: junior lieutenant of police, lieutenant of police, senior lieutenant of police, captain of police;
4) senior commanding staff: major of police, subcolonel of police, colonel of police;
5) chief commanding staff: major-general of police, lieutenant-general of police, colonel-general of police, general of police of the Russian Federation.
2. The special ranks of commanding staff of police are for life.
3. When a police officer is dismissed from police service the word "retired" shall be added to the special rank.
4. A police officer may be deprived of his special rank in the procedure established by a federal law.
Article 27. The Basic Duties of a Police Officer
1. A police officer shall:
1) know and observe the Constitution of the Russian Federation, legislative and other normative legal acts in the area of internal affairs and ensure the implementation thereof; undergo regular tests in the procedure defined by the federal executive governmental body in the area of internal affairs to assess knowledge of the Constitution of the Russian Federation, legislative and other normative legal acts in said area;
2) exercise duties in accordance with position regulations (position instructions);
3) perform orders and instructions of heads (chiefs) which are issued in the established procedure and do not contravene a federal law;
4) apply on issues relating to his duty to his immediate chief, and if necessary, to the direct chief, having informed the immediate chief about it;
5) observe in the course of his duties the rights and lawful interests of citizens, public associations and organisations;
6) observe the internal regulations of the territorial body, the internal regulations of the organisation incorporated in the system of the federal executive governmental body in the area of internal affairs which he/she is undergoing service;
7) maintain the qualification level required for the appropriate execution of his duties;
8) not disclose information deemed state secret or another law-protected secret and also the information he/she receives in the course of his duties, for instance concerning the private lives and health of citizens or affecting their honour and dignity;
9) preserve state property, for instance the one provided thereto for the purpose of executing duties;
10) provide information in the procedure established by the legislation of the Russian Federation about his incomes, property and property obligations and also information on the incomes, property and property obligations of his spouse and minor children;
11) inform about quitting the citizenship of the Russian Federation or acquiring the citizenship (nationality) of a foreign state on day of quitting the citizenship of the Russian Federation or on the day of acquiring the citizenship (nationality) of the foreign state;
12) observe the restrictions and bans established by federal laws as connected with police service and also observe the provisions governing the official behaviour of a police officer;
13) inform the immediate chief of the occurrence of a personal interest which can lead to a conflict of interests in the course of duties and take measures for avoiding such conflict;
14) notify the immediate chief, bodies of the procurator's office of the Russian Federation or other state bodies about each case when he/she is approached by any persons for the purpose of inciting the commission of corruption offences.
2. Irrespective of his position, whereabouts and time of the day a police officer:
1) shall render first aid to citizens who have fallen victim of crimes, administrative offences and accidents and also citizens in a helpless condition or in a condition dangerous for their life and health;
2) shall take measures -- if approached by a citizen with an application concerning a crime, administrative offence or accident or if a crime, administrative offence or accident is detected -- for rescuing the citizen, preventing and/or stopping the crime, administrative offence and apprehending the persons suspected of having committed them, guarding the scene of the crime, administrative offence or the scene of the accident and inform accordingly the nearest territorial body or unit of the police.
Article 28. The Basic Rights of a Police Officer
1. A police officer is entitled to:
1) the provision of appropriate organisational and technical conditions required to exercise duties;
2) read position regulations (position instructions) and the other documents defining his rights and duties according to occupied position, the criteria whereby efficiency in execution of duties is assessed, the indicators of effectiveness of service and the conditions for promotion in the police;
3) having a rest guaranteed by the establishment of a normal duration of service hours, the provision of days off and day-off holidays and also annual paid main and additional leaves;
4) remuneration for labour and other disbursements according to the legislation of the Russian Federation and a contract for service with the police;
5) receive information and materials in the established procedure as might be needed to exercise duties and also to submit proposals concerning the improvement of the police's operation;
6) have access in the established procedure to information deemed state secret and another law-protected secret if the execution of duties in occupied position is relating to the use of such information;
7) have access in the established procedure to state and municipal bodies, public associations and organisations in connection with the execution of duties;
8) read assessments of his service activities and other documents before they are put in his personal file, the materials of the personal file and also to have his written explanations and other documents and materials attached to the personal file;
9) protection of his personal data;
10) promotion in the police;
11) professional training, re-training and upgrading and probation in the established procedure;
12) consideration of a service dispute in accordance with the legislation of the Russian Federation;
13) an in-house inspection on his application;
14) protection of his rights and lawful interests including taking appeal from infringements on them to the court;
15) compulsory state insurance of life and heath in accordance with the legislation of the Russian Federation;
16) state protection of life and health, the life and health of members of his family and also the property belonging to him and members of his family;
17) provision of state pensions in accordance with a federal law.
2. On the consent of the head of the federal executive governmental body in the area of internal affairs, the head of a territorial body or the head of an organisation incorporated in the system of said federal body in the procedure established by the Government of the Russian Federation the police officer is entitled to carry out duties in another position of police officer apart from the exercising duties in the position he occupies.
3. Irrespective of his position, whereabouts and time of the day while carrying out the duties specified in Part 2 of Article 27 of the present Federal Law the police officer is entitled to:
1) demand that citizens and officials stop wrongdoing;
2) check the personal identity documents of citizens and officials or the documents confirming their powers;
3) use in urgent cases vehicles belonging to state and municipal bodies, public associations and organisations (except for vehicles belonging to diplomatic missions and consular institutions of foreign states and missions of international organisations), and in exceptional cases, vehicles belonging to citizens to stop crimes, pursue the perpetrators or suspects of crimes, deliver citizens in need for urgent medical aid to medical organisations, tow damaged vehicles from the scene of an accident and travel to the scene of a crime, administrative offence or to the scene of an accident;
4) demand that the persons suspected of having committed a crime or administrative offence stay where they are until the arrival of representatives of a territorial body or unit of the police or representatives of other law-enforcement bodies and also to deliver the persons suspected of having committed a crime or administrative offence to the service premises of a territorial body or unit of the police, the premises of a municipal body or other service premises;
5) use physical force, special means and firearms on the grounds and in the procedure envisaged by the present Federal Law.
Article 29. The Restrictions, Duties and Bans Relating to Police Service
1. In the following cases a police officer shall not undergo service with the police:
1) if he is deemed legally incapable or as having a limited legal capacity by a court's decision that has become final;
2) if he has been convicted for a crime by a court's judgement that has become final, and equally has a conviction which for instance has not been expunged or quashed;
3) criminal prosecution in respect of him has been terminated due to the expiry of the period of limitations, to reconciliation of parties, an act of amnesty or in connection with active repentance;
4) he has refused to undergo the procedure of getting cleared for access to information deemed state secret or another law-protected secret if his duties in occupied position in the police are relating to the use of such information;
5) he has a disease that is included in the list of diseases preventing the undergoing of service with the police endorsed by the Government of the Russian Federation and is confirmed by a statement of a medical organisation;
6) he is a relative or a relative by marriage (parents, spouses, children, brothers, sisters and also the brothers, sisters, parents and children of spouses) of a police officer if in the position occupied one of them reports to or is under the jurisdiction of the other;
7) he has ceased to be a Russian Federation citizen;
8) he has acquired the citizenship (nationality) of a foreign state;
9) fake documents or deliberately untrue information has been provided at enrolling in the police.
2. The police officer is subject to the restrictions, bans and duties established by Federal Law No. 273-FZ of December 25, 2008 on Countering Corruption and Articles 17, 18 and 20 of Federal Law No. 79-FZ of July 27, 2004 on the State Civil Service of the Russian Federation, except for the restrictions, bans and duties impeding the performance of operative search by a police officer. Such restrictions, bans and duties and also the police officers who are not subject to them in each specific case shall be defined in the procedure established by the federal executive governmental body in the area of internal affairs.
Article 30. Guarantees for the Legal Protection of a Police Officer
1. While carrying out the duties vested in the police and realising the rights granted to the police a police officer shall act as a representative of state authority and is under the protection of the state.
2. In the course of his duties the police officer shall report only to his immediate or direct chief. Nobody is entitled to interfere in the legal activities of the police officer except for the persons directly empowered to do so by a federal law. Nobody is entitled to compel the police officer to carry out the duties which are not vested in the police by the present Federal Law. Having received an order or instructions which are apparently contrary to a law the police officer shall be governed by law.
3. Legal demands of the police officer are binding on citizens and officials.
4. Obstructing the exercise of duties by a police officer, abusing a police officer, offering resistance to him, using violence or a threat of violence in respect of a police officer in connection with his exercising his duties or defaulting on the performance of legal demands of a police officer shall cause the liability envisaged by the legislation of the Russian Federation.
5. The police officer shall neither provide any explanations on the merits of the cases and materials he is dealing with nor give access to such cases and materials, for instance those affecting human and citizen's rights and freedoms, otherwise than in the cases and in the procedure envisaged by the legislation of the Russian Federation.
6. The state protection of the life and health, honour and dignity of the police officer and the members of his family and also property belonging to him and to members of his family from criminal encroachments in connection with his duties shall be provided in the procedure established by the legislation of the Russian Federation.
7. Also measures of state protection shall be applied to the close relatives of the police officer and in exceptional cases to other persons whose life, health and property are subjected to encroachments for the purpose of obstructing the legal activities of the police officer or compelling to modify its character and also out of revenge for said activities.
Article 31. The Right of Police Officers to Get United into Trade Unions (Associations)
1. For the purpose of representation and protection of their social and labour rights and interests police officers are entitled to get united into or to join trade unions (associations).
2. A procedure for the formation and the competence of trade unions (associations) of a police officer shall be established by the legislation of the Russian Federation.
Article 32. Attracting Other Officers of Internal Affairs Bodies to Carry out the Duties Vested in the Police
The officers of internal affairs bodies who are not police officers and also probationers may be involved in the exercise of the duties vested in the police, in the procedure defined by the federal executive governmental body in the area of internal affairs. In this case, the duties, rights, liability and guarantees of the legal and social protection of police officers shall extend to them.
Article 33. The Liability of a Police Officer
1. Irrespective of his position, a police officer is accountable for his actions (omissions) and orders and instructions issued.
2. For wrongful actions (omissions) the police officer shall be held accountable as established by a federal law.
3. Harm caused to citizens and organisations by wrongful actions (omissions) of the police officer in the course of his duties is subject to compensation in the procedure established by the legislation of the Russian Federation.
4. For harm caused to the federal executive governmental body in the area of internal affairs, a territorial body, police unit or an organisation incorporated in the system of said federal body the police officer shall bear material liability in accordance with the labour legislation of the Russian Federation.
Chapter 7. Service with the Police
Article 34. The Legal Regulation of Service with the Police
1. Service with the police shall be carried out in accordance with the legislation of the Russian Federation regulating issues of undergoing service with internal affairs bodies with due regard to the provisions of the present Federal Law.
2. The labour legislation of the Russian Federation extends to police officers in as much as it concerns areas not regulated by the legislation of the Russian Federation regulating issues of undergoing service with internal affairs bodies and the present Federal Law.
Article 35. Enrolling to Undergo Service with the Police
1. The following are entitled to enroll in the police to undergo service: Russian Federation citizens at least 18 years of age and not above 35 years of age irrespective of sex, race, ethnicity, origin, property and office status, residence, attitude to religion, conviction, in command of the state language of the Russian Federation, having at least secondary (complete) general education background and capable by virtue of their personal and business qualities, physical fitness and health condition to exercise the duties of a police officer.
2. Higher professional education institutions of the federal executive governmental body in the area of internal affairs may admit Russian Federation citizens below 18 years of age with secondary (complete) general education background.
3. In the cases envisaged by Part 1 of Article 29 of the present Federal Law and also in the following cases a Russian Federation citizen shall not be admitted for service with the police:
1) if he holds a residence permit or another document confirming the right of the Russian Federation citizen to permanently reside on the territory of a foreign state;
2) if he is a suspect and accused in a criminal case;
3) if within the year preceding the day of enrollment in the police to undergo service he has been on several occasions subjected to an administrative penalty in a judicial procedure for the deliberate commission of administrative offences;
4) if he does not agree to observe the restrictions, bans, to carry out the duties and bear the liability established for a police officer by the present Federal Law and other federal laws.
4. The citizens of the Russian Federation who enroll in the police to undergo service shall undergo psycho-physiological examination and tests for alcohol, narcotic drug and other toxic addiction in the procedure defined by the federal executive governmental body in the area of internal affairs.
5. A personal guarantee shall be drawn up for a Russian Federation citizen who enrolls in the police to undergo service as made up of a written undertaking of an officer of internal affairs with a service record of at least three years to the effect that he guarantees the observance by said Russian Federation citizen of the restrictions and bans established for police officers by the present Federal Law and other federal laws. The procedure for preparing the personal guarantee shall be defined by the federal executive governmental body in the area of internal affairs.
6. A personal file shall be prepared for the police officer. The procedure for keeping the personal files of a police officer and the procedure for keeping centralised record of the personal files of a police officer and of Russian Federation citizens enrolling in the police shall be defined by the federal executive governmental body in the area of internal affairs.
7. The police officer shall take the Oath of an Officer of the Internal Affairs Bodies of the Russian Federation.
8. The chief commanding staff of police shall be appointed and removed by the President of the Russian Federation.
Article 36. Probation at Enrollment in the Police to Undergo Service
1. For a Russian Federation citizen who enrolls in the police to undergo service a probation period of three to six months shall be set for the purpose of checking his level of education/training and fitness for the position sought by him. For the probation period said citizen of the Russian Federation shall be appointed to the relevant position as probationer.
2. The probationer is subject to the labour legislation of the Russian Federation.
3. The probation period shall be taken into account in the police service record.
Article 37. The Details of Service Hours of Police
1. For police a normal duration of up to 40 service hours per week is established.
2. If necessary a police officer may be involved in the exercise of duties over the established weekly service hours and also in the night time, on days-off and day-off holidays in the procedure defined by the federal executive governmental body in the area of internal affairs.
3. The exercise of duties by a police officer over the established duration of weekly service hours and also in the night time, on days-off and day-off holidays shall be compensated with the grant of resting time thereto of relevant duration on other days of the week. If such resting time cannot be provided the duration of performance of duties over the established duration of weekly service hours and also in the night time, days-off and day-off holidays shall be summed up and the police officer shall be provided with additional resting days of relevant duration which if he wishes can be added to the annual paid leave. On the request of the police officer a monetary compensation may be paid instead of the grant of additional resting days.
4. The procedure for giving the additional resting time, additional resting days to a police officer and the procedure for paying out to him the monetary compensation envisaged by Part 3 of the present article shall be defined by the federal executive governmental body in the area of internal affairs.
5. During the period of martial law or state of emergency, during the period of counterterrorist operation, in the conditions of an armed conflict, in the event of elimination of the aftermath of accidents, natural and man-made disasters and other emergencies the following is allowed in the procedure defined by the federal executive governmental body in the area of internal affairs for a term of up to six months during the calendar year: a change in the service hours of the police officer, the vesting of additional duties in him, the posting thereof to another region, temporary posting to another unit without a change in the character of service and also the establishment of other special conditions and additional restrictions without the consent of the police officer.
Article 38. The Professional Training of Police Officers
1. The Russian Federation citizens who have been admitted to undergo service with the police shall undergo primary training in the procedure defined by the federal executive governmental body in the area of internal affairs.
2. The professional training of personnel for police service shall be conducted in higher professional education institutions and scientific research institutions of the federal executive governmental body in the area of internal affairs.
3. The cadets, students, post graduates and doctoral candidates, heads and teaching stuff of higher professional education institutions and also the post graduates and doctoral candidates of scientific research institutions of the federal executive governmental body in the area of internal affairs are deemed as undergoing service with the police.
4. The participation of cadets, students, postgraduates and doctoral candidates of higher professional education institutions and of postgraduates and doctoral candidates of scientific-research institutions of the federal executive governmental body in the area of internal affairs in measures for ensuring the safety of citizens and law and order and the exercise by them of other duties vested in the police are a part of their professional training and shall be envisaged in relevant curricula. Cadets and students under 18 years of age shall not be admitted for taking part in such measures and carrying out said duties.
5. A Russian Federation citizen or a police officer enrolling in a higher professional education institution of the federal executive governmental body in the area of internal affairs shall conclude a contract for undergoing service with the police after graduating from that educational institution for a term of at least five years.
6. A Russian Federation citizen who has been expelled from a higher professional education institution of the federal executive governmental body in the area of internal affairs for lack of discipline and poor progress or has refused to perform the terms of the contract for undergoing service with the police after graduating a higher professional education institution of the federal executive governmental body in the area of internal affairs and a Russian Federation citizen who graduated from such education institution and had been dismissed from service with the police before the expiry of the service term envisaged by the contract for undergoing service with the police on the grounds established by Items 1, 10-13, 15, 16, 21 and 22 of Part 1 of Article 40 of the present Federal Law shall compensate for the federal budget funds spent to educate them. The amount of funds compensated for and the procedure for the calculation thereof shall be established by the Government of the Russian Federation.
Article 39. Service Discipline in the Police
1. Service discipline in the police is the observance -- compulsory for all police -- of the procedure and rules for carrying out duties and realising granted rights established by the legislation of the Russian Federation regulating the undergoing of service with internal affairs bodies, the Oath of an Officer of Internal Affairs Bodies of the Russian Federation, normative legal acts of the federal executive governmental body in the area of internal affairs, orders and instructions of immediate chiefs.
2. Service discipline in the police shall be regulated by the disciplinary manual of the internal affairs bodies of the Russian Federation endorsed by the President of the Russian Federation.
Article 40. Dismissal from Service with the Police
1. Below are the grounds for dismissing a police officer from service with the police:
1) his will;
2) reaching the ceiling age for service with the police;
3) the duration of service record allowing to receive pension;
4) the end of the service term envisaged by the contract for undergoing service with the police;
5) the police officer is in breach of the terms of the contract for undergoing service with the police;
6) the expiry of the period of being at the disposal of the federal executive governmental body in the area of internal affairs, a territorial body or organisation incorporated in the system of said federal body, if there is no opportunity for change of position;
7) organisational measures concerning the list of staff;
8) a disease - according to a statement of a military medical commission on not being fit for service with the police;
9) the condition of health - according to a statement of a military medical commission on restricted fitness for service with the police and on the impossibility of exercising duties in accordance with the position occupied if there is no opportunity for change of position;
10) lack of fitness for with the position occupied (несоответствие занимаемой должности!!) due to insufficient qualification - according to the results of an evaluation of qualification;
11) a blunt violation of service discipline;
12) the commission of an act discrediting the honour of the police officer;
13) conviction for a crime - after the court's judgement has become final, and also after the termination of criminal prosecution due to the expiry of the period of limitations, in connection with the reconciliation of parties (except for private-accusation criminal cases, as the result of an act of amnesty or in connection with active repentance;
14) draft to undergo military service or dispatch to an alternative civil service replacing it;
15) repeated breaches of service discipline if the police officer has a disciplinary sanction imposed in writing;
16) the provision of fake documents or deliberately untrue information at enrollment in the police for undergoing service and also the provision of fake documents or deliberately untrue information confirming the compliance of the police officer with provisions of the legislation of the Russian Federation, in as much as they concern the manning of relevant positions, during the period of service with the police, unless it causes criminal liability;
17) the reinstatement in his position of the police officer who occupied that position earlier (if the police officer who is occupying that position refuses to move to another one);
18) expulsion from a higher professional education institution of the federal executive governmental body in the area of internal affairs;
19) transfer to state service of another kind;
20) the termination of the grounds for suspending service with the police;
21) refusal to carry out duties in the cases envisaged by Part 5 of Article 37 of the present Federal Law;
22) the termination of Russian Federation citizenship or acquisition of citizenship (nationality) of a foreign state.
2. The police officer may be dismissed from service with the police for non-observance of the restrictions and bans established for police officers by the present Federal Law and other federal laws.
3. The police officer is entitled to choose a ground for dismissal from service with the police, except for cases when dismissal if effected on the grounds envisaged by Items 5, 8, 10-22 of Part 1 of the present article.
4. The dismissal of the police officer from service with police shall be made formal in the procedure established by the legislation of the Russian Federation regulating the issues of service with internal affairs bodies.
Article 41. Guarantees for a Police Officer Elected (Appointed) to a Legislative (Representative) Body or an Executive Governmental Body of a Local Self-Government Body
1. A police officer who has been elected (appointed) as member of the Federation Council of the Federal Assembly of the Russian Federation, elected as deputy of the State Duma of the Federal Assembly of the Russian Federation, deputy of the legislative (representative) governmental body of a subject of the Russian Federation, has acquired the powers of the paramount official of a subject of the Russian Federation (the head of the paramount executive governmental body of a subject of the Russian Federation), has been elected as deputy of the representative body of a municipal formation, the head of a municipal formation, has been appointed as the head of a municipal formation, appointed as the head of a local administration shall suspend service with the police for the period of respective powers or gets dismissed from service with the police at his own will. After the termination of said powers the police officer, if he so wishes, shall be give the position occupied earlier or if it is not available, a position of equal value at the previous place of service or on his consent at another place of service.
2. The period of the powers envisaged by Part 1 of the present article shall be counted for the police officer in calendar count as part of the work record and service record according to which he is eligible for next special rank, additional payment for service record, additional leave and a pension for service record.
3. Unless within one month (not counting the periods of temporary disability) after the expiry the period of the powers envisaged by Part 1 of the present article the police officer notifies accordingly the federal executive governmental body in the area of internal affairs, he shall be dismissed on the ground envisaged by Item 20 of Part 1 of Article 40 of the present Federal Law.
Chapter 8. Guarantees for the Social Protection of a Police Officer
Article 42. Remuneration for Labour of a Police Officer
1. Remuneration for labour of a police officer shall be provided as an allowance of money being his main means of subsistence and of incentive for his service activities in the position occupied.
2. The police officer shall be provided with an allowance of money on the terms and in the procedure envisaged by the legislation of the Russian Federation.
3. A police officer having the title of honour "Honoured Officer of Internal Affairs Bodies of the Russian Federation" and/or "Honoured Lawyer of the Russian Federation" shall be paid a monthly 10-per cent mark-up to his official money allowance within the limits of budget appropriations of the federal budget allocated for the federal executive governmental body in the area of internal affairs.
Article 43. Insurance Guarantees for a Police Officer and Disbursements for the Purpose of Compensating for Harm Sustained in the Course of Duties
1. The life and health of a police officer are subject to compulsory state insurance at the expense of budget appropriations of the federal budget for the relevant year.
2. The compulsory state insurance of the life and health of the police officer shall be effected on the terms and in the procedure established by Federal Law No. 52-FZ of March 28, 1998 on the Compulsory State Insurance of the Life and Health of Military Servicemen, Citizens Drafted to Undergo Military Training Sessions, Rank and File and Commanding Staff of Internal Affairs Bodies of the Russian Federation, of the State Fire-Fighting Service, the bodies exercising control over transactions in narcotic drugs and psychotropic substances, members of personnel of institutions and bodies of criminal execution system.
3. A lump-sum benefit in the amount equal to 120-fold money allowance of the police officer set as of the date of disbursement of the benefit shall be paid to family members and the persons being his dependents in equal shares if:
1) the police officer dies (is killed) as the result of a serious injury or another damage to health sustained in the course of duties or as a result of a disease received during the period of service with the police;
2) the death of the citizen of the Russian Federation that occurred within one year after dismissal from service with the police as a result of a serious injury or another damage to health sustained in the course of duties or as a result of a disease received during the period of service with the police as having precluded further service with the police.
4. Below are the family members and persons deemed dependents of a killed (deceased) police officer (Russian Federation citizen dismissed from service with the police and eligible for the lump-sum benefit envisaged by Part 3 of the present article:
1) the spouse who was in a registered marriage with the killed (deceased) on the day when he was killed (died);
2) the parents of the killed (deceased);
3) minor children of the killed (deceased), children over 18 years of age who had become disabled persons before they reached the age of 18, children aged up to 23 who are undergoing full-time studies in educational institutions;
4) the persons who were fully maintained by the killed (deceased) or who received assistance from him which was their permanent and main source of subsistence and alto the other persons deemed dependents in the procedure established by the legislation of the Russian Federation.
5. If in the course of duties a police officer sustains a serious injury or another damage to health precluding the possibility of undergoing further service with the police he shall receive a lump-sum benefit in the amount equal to 60-fold allowance of money established as of the date of disbursement of the benefit.
6. If in the course of duties a police officer sustains a serious injury or another damage to health precluding the possibility of undergoing further service with the police and causing a persisting loss of working ability he shall receive a monthly monetary compensation in the amount of lost allowance of money as of the date of dismissal from service with the police less the amount of allocated disability pension, with subsequent collection of the amounts of compensation paid from the persons at fault.
7. The amount of monthly compensation payable according to Part 6 of the present article is subject to review with account being taken of the growth (increase) of allowances of money of police effected in the procedure established by the legislation of the Russian Federation.
8. Compensation for harm inflicted to the property belonging to a police officer or his close relatives in the course of duties shall be provided in full at the expense of budget appropriations of the federal budget, with the amount of compensation paid being subsequently collected from the persons at fault.
9. If in the cases envisaged by the present article several grounds simultaneously occur for receiving disbursable amounts in accordance with the legislation of the Russian Federation they shall be paid out on one of the grounds at the discretion of the beneficiary.
Article 44. The Right of a Police Officer to Housing
1. A police officer shall be provided with dwelling premises at the expense of budget appropriations of the federal budget by means of being provided with service dwelling premises or dwelling premises into his ownership or a lump-sum social disbursement for the acquisition thereof in the procedure and on the terms envisaged by federal laws and other normative legal acts of the Russian Federation.
2. The police has a specialised stock of dwelling premises formed by the federal executive governmental body in the area of internal affairs in accordance with the legislation of the Russian Federation.
3. A police officer who occupies the position of district police officer and does not have dwelling premises on the territory of the relevant municipal formation shall be provided with dwelling premises within six months after occupying his position.
Article 45. The Right of a Police Officer and His Family Members to Medical Services
1. Medical services shall be provided to a police officer at medical organisations of the federal executive governmental body in the area of internal affairs or other medical organisations in the procedure established by the Government of the Russian Federation.
2. The police officer is entitled to have free medical service including for instance the making and repair of dentures (except for dentures made from precious metals and other high-cost metals), free medicines, medical-purpose items on prescriptions for medicines at medical organisations of the federal executive governmental body in the area of internal affairs.
3. The family members of the police officer (spouse, minor children, children over 18 years of age who had become disabled persons before reaching 18 year of age, children who are up to 23 years old and are undergoing studies in full-time educational institutions) and also the persons being dependents of the police officer and residing together with him are entitled to receive medical services at medical organisations of the federal executive governmental body in the area of internal affairs in the procedure established by the Government of the Russian Federation. In the event of out-patient medical treatment they shall be provided with medicines for payment at retail prices, except for the cases in which no charge is made in accordance with the legislation of the Russian Federation.
4. Dentures shall be made and repaired for the family members of the police officer who are mentioned in Part 3 of the present article at medical organisations of the federal executive governmental body in the area of internal affairs on the same terms which are established in public-health state or municipal organisations, except as otherwise envisaged by the legislation of the Russian Federation.
Article 46. Guarantees for a Police Officer in Connection With His Undergoing Service with the Police
1. For service purposes a police officer shall be provided with travel documents for all modes of public transport (except fort taxi), be it urban, suburban or local, in the procedure established by the Government of the Russian Federation.
2. A police officer who is travelling to a new place of service or sent on a business trip shall enjoy the right of booking and priority for hotel accommodation, travel documents for all modes of transport on show of his service identity document and documents confirming that he is travelling to a new place of service or is on business trip.
3. While exercising the duties of maintaining the safety of citizens and law and order on rail, water or air transport, a police officer is entitled to travel by train, river and sea vessels and aircraft within the facility (area) he is servicing, without getting travel documents only while exercising said duties.
4. While exercising the duties of stopping a crime or administrative offence, apprehending and delivering a person (persons) suspected of having committed a crime or administrative offence enjoys the right to travel and carry the person(s) apprehended or delivered by him by all modes of public transport (except for taxi), be it urban, suburban or local, without getting travel documents or in rural areas by vehicles going his way on show of his service identity document.
5. A police officer shall be provided with a benefit for the maintenance of his children and the children deemed his dependents who go to state and municipal pre-school educational institutions at the rates and in the procedure defined by the head of the federal executive governmental body in the area of internal affairs.
6. Places in general-education and pre-school educational institutions at the place of residence and in summer health-rehabilitation camps, irrespective of the form of ownership, shall be provided on a priority basis to:
1) children of a police officer;
2) children of a police officer who has been killed (died) as the result of a serious injury or another damage to health sustained in the course of duties;
3) children of a police officer who has died as the result of a disease received during service with the police;
4) children of a Russian Federation citizen who has been dismissed from service with the police due to a serious injury or another damage to health which were sustained in the course of duties and precluded the possibility of further undergoing of service with the police;
5) children of a Russian Federation citizen who died within one year after being dismissed from service with the police as a result of a serious injury or another damage to health sustained in the course of duties or as a result of a disease which was received during the period of service with the police and precluded the possibility of further undergoing service with the police;
6) the children who are (have been) dependents of the police officer or the Russian Federation citizen mentioned in Items 1-5 of the present part.
Chapter 9. Provision of Finance and Resources for Police Activities
Article 47. Financing Police Activities
1. In accordance with the legislation of the Russian Federation provision of finance for police activities including guarantees for the social protection of police officers, members of their families and the persons deemed their dependents is an expenditure obligation of the Russian Federation and it shall be made with federal budget funds.
2. In accordance with the legislation of the Russian Federation the governmental bodies of the subjects of the Russian Federation and local self-government bodies are entitled in respect of subject-matters of joint jurisdiction of the Russian Federation and of the subjects of the Russian Federation to pay expenditures towards the realisation of the duties vested in the police in terms of maintaining law and order and ensuring public safety. The expenditures of the budgets of the subjects of the Russian Federation and local budgets for said purposes shall be paid in accordance with the budget legislation of the Russian Federation.
3. The funds received by the police under contracts for protection of property and facilities of citizens and organisations and for the provision of other services relating to arrangements for the protection of property under these contracts shall be deemed federal budget revenues and shall be entered in the federal budget in accordance with the budget legislation of the Russian Federation in full after compensation is provided for losses relating to theft and the circumstances envisaged by the terms of the contracts.
4. Tariffs for the services provided by the police in terms of protection of citizens' and organisations' property and also for other services relating to arrangements for the protection of property shall be determined in the procedure established by the Government of the Russian Federation.
Article 48. Provision of Resources for Police Activities
1. Provision of resource for police activities shall be at the expense of budget appropriations of the federal budget for the relevant year.
2. The land plots and also buildings, structures, equipment and other police property which is used by the police, has been created (is being created) or has been acquired (is being acquired with budget appropriations of the federal budget and other sources of finance are deemed federal property. Land plots are in perpetual (infinite) use and property is under operative management of the federal executive governmental body in the area of internal affairs.
3. The provision of the police with weapons, ammunition, special means, foodstuffs and the provision of police officers with clothing and accoutrements shall be at the rates established by the Government of the Russian Federation. The rates of other types of resources of the police shall be established by the federal executive governmental body in the area of internal affairs.
4. The provision of the police units which protect property of citizens and organisations and protect facilities under a contract with technical security facilities, the allocation of premises with equipment and implements for said units and the performance of an overhaul, remodelling and the provision of the technical operation (water-supply, heating, lighting, tidying-up and repair) of said premises shall be obligations of the organisations which have concluded contracts for protection of property and facilities.
5. For the purpose of organising the protection of facilities connected to centralised surveillance centres the police shall use the communication channels provided by communication operators in accordance with the legislation of the Russian Federation in the area of communications. The premises (parts of premises) in communication installations used for deployment of security alarm apparatuses shall be rented from communication operators under a contract.
6. Transport organisations shall provide the following without compensation to the territorial bodies and units of the police which carry out the tasks of ensuring the safety of citizens and maintaining law and order, countering crime on rail, water and air transport: service and auxiliary premises, equipment and communication facilities and services. The provision of furniture, office appliances and communication facilities and the provision of the technical operation of these premises (water-supply, heating, lighting, tidying-up and repair) shall be at the expense of budget appropriations of the federal budget.
7. Within the boundaries of municipal formations local self-government bodies shall provide the following to the police officer occupying the position of district police officer: premises for work on the administrative area he services. The provision of furniture, office appliances and communication facilities and the provision of the technical operation of these premises (water-supply, heating, lighting, tidying-up and repair) shall be at the expense of budget appropriations of the federal budget.
Chapter 10. Control and Supervision over the Activities of the Police
Article 49. State Control over the Activities of the Police
1. State control over the activities of the police shall be exercised by the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation and the Government of the Russian Federation within the scope of powers defined by the Constitution of the Russian Federation, federal constitutional laws and federal laws.
2. Departmental control over the activities of the police shall be exercised in the procedure defined by the head of the federal executive governmental body in the area of internal affairs.
Article 50. Public Control over the Activities of the Police
1. Russian Federation citizens and public associations shall exercise public control over the activities of the police in accordance with a federal law.
2. The public Chamber of the Russian Federation shall exercise control over the activities of the police in accordance with Federal Law No. 32-FZ of April 4, 2005 on the Public Chamber of the Russian Federation.
3. Public observation commissions and the members of these commissions shall exercise control over the observance of citizens' rights in the places of enforced custody which are under the jurisdiction of the federal executive governmental body in the area of internal affairs in accordance with Federal Law No. 76-FZ of June 10, 2008 on Public Control over the Observance of Human Rights in Places of Enforced Custody and on Assistance to Persons in Places of Enforced Custody.
4. The public boards formed under the federal executive governmental body in the area of internal affairs and territorial bodies shall exercise control over the activities of the police in accordance with regulations on these boards.
Article 51. Judicial Control and Supervision
Judicial control and supervision over the activities of the police shall be carried out in accordance with federal constitutional laws and federal laws.
Article 52. Procurator's Supervision
Supervision over the police's observance of laws shall be exercised by the Procurator-General of the Russian Federation and the procurator's offices reporting thereto, in accordance with the powers granted by the federal legislation.
Article 53. Taking Appeal from Actions (Omissions) of a Police Officer
Actions (omissions) of a police officer infringing on the rights and lawful interests of a citizen, a state or municipal body, public association, religious and another organisation may be appealed against to a higher body or a higher official, bodies of the procurator's office of the Russian Federation or court.
Chapter 11. Conclusive Provisions
Article 54. Conclusive Provisions
1. The duties relating to the administrative expulsion of foreign citizens and stateless persons outside the Russian Federation, the organisation of operation of medical sobering-up centres, the performance of a serviceability test of motor vehicles and trailers for them, the escorting of apprehended persons and persons put in custody from investigation detention facilities of the criminal execution system, search for a debtor and his property and the formation and keeping the register of disqualified persons shall be carried out by the police until the assignment of the said duties to the relevant bodies and organisations, but no later than January 1, 2012.
2. Until the adoption of a federal law defining a procedure and conditions for officers of internal affairs bodies to undergo service the personnel of internal affairs bodies shall be subject to the Regulations on Service with the Internal Affairs Bodies of the Russian Federation endorsed by Decision of the Supreme Soviet of the Russian Federation No. 4202-I of December 23, 1992 on Endorsing the Regulations on Service with the Internal Affairs Bodies of the Russian Federation and the Text of the Oath of Officer of Internal Affairs Bodies of the Russian Federation (hereinafter referred to as "the Regulations on Service with the Internal Affairs Bodies of the Russian Federation") in as much as it does not contravene the present Federal Law.
3. Officers of internal affairs are subject to an off-schedule evaluation of qualification in the procedure and within the term defined by the President of the Russian Federation.
4. The officers of internal affairs who have passed the off-schedule evaluation of qualification shall be deemed the police officers on whom the special ranks envisaged by Article 26 of the present Federal Law are conferred or the officers of other units of internal affairs bodies on whom the special ranks of justice or the special ranks of internal service envisaged by the Regulations on Service with the Internal Affairs Bodies of the Russian Federation. According to the results of the evaluation of qualification officers of internal affairs bodies may be proposed to continue service in other positions including lower ones. Said officers shall retain their service record in special ranks which are going to be taken into account when next special ranks are conferred thereon.
5. The officer of internal affairs bodies who have not passed the off-schedule evaluation of qualification and/or have refused to continue their service with internal affairs bodies in other positions, for instance lower ones, shall be dismissed in the established procedure on the grounds envisaged by the Regulations on Service with the Internal Affairs Bodies of the Russian Federation.
6. The federal executive governmental body in the area of internal affairs, territorial bodies and the organisations incorporated in the system of said federal body are hereby permitted to use the service identity documents, forms, seals and rubber stamps of the militia until January 1, 2012.
7. Police officers are hereby permitted to wear the uniforms of officers of internal affairs bodies until the Government of the Russian Federation endorsed designs of the uniforms of a police officer and sets a term for supply of relevant clothing and accoutrements.
8. Until January 1, 2012 the activities of the police shall be financed with budget appropriations of the federal budget, the budgets of the subjects of the Russian Federation, local budgets and other sources of finance in accordance with the legislation of the Russian Federation. As this is being done, the governmental bodies of the subjects of the Russian Federation and local self-government bodies are entitled to make additional expenditures supporting the activities of the police, for instance towards additional disbursements to police officers over the established rate of allowance of money, within the limit of funds envisaged by the law on the budget of the subject of the Russian Federation or the municipal legal act of the representative body of the municipal formation on the local budget. Said expenditures shall be serviced on the personal accounts which are intended to keep record of the resources of the budgets the subjects of the Russian Federation and the resources of local budgets and are opened in territorial bodies of the Federal Treasury in the established procedure.
9. The land plots used by the police and also the buildings, structures, equipment and other police property which are required to support the activities of the police and are under the ownership of subjects of the Russian Federation or under municipal ownership shall be put under federal ownership in the procedure established by the legislation of the Russian Federation.
10. Until the occurrence of the right of federal ownership to the property transferred in accordance with Part 9 of the present article the federal executive governmental body in the area of internal affairs, the territorial bodies, units of the police and organisations incorporated in the system of said federal body to which said property is assigned shall be entitled to use such property on a gratuitous basis to exercise powers in respect of the subjects within the jurisdiction of the Russian Federation. The governmental bodies of the subjects of the Russian Federation and local self-government bodies are not entitled to alienate, lease and otherwise create encumbrances on said property.
11. The present Federal Law shall not extend to the officers of bodies in charge of control over transactions in narcotic drugs and psychotropic substances, except for the provisions set out in Articles 14, 18-24 and 29 of the present Federal Law. The procedure for the implementation of the provisions set out in Articles 18-24 and 29 of the present Federal Law by the officers of bodies in charge of control over transactions in narcotic drugs and psychotropic substances shall be defined by the federal executive governmental body in charge of the functions of state policy elaboration, normative legal regulation, control and supervision in the area of transactions in narcotic drugs, psychotropic substances and the precursors thereof and also in the area of countering the illegal traffic thereof.
12. The temporary occupation by police officers of positions of the federal state service in the units and organisations of the federal executive governmental body in the area of internal affairs which are not incorporated in the police and also the temporary occupation by the federal state employees who undergo service with these units and organisations of positions in police units in the procedure defined by the head of said federal body is admissible until January 1, 2013.
Article 55. On Deeming as No Longer Effective Some Legislative Acts of the RSFSR and Some Legislative Acts (Provisions of Legislative Acts) of the Russian Federation
The following shall be deemed no longer effective:
1) Law of the RSFSR No. 1026-I of April 18, 1991 on the Militia (Vedomosti S'ezda Narodnykh Deputatov RSFSR i Verkhovnogo Soveta RSFSR, item 503, No. 16, 1991);
2) Resolution of the Supreme Soviet of the RSFSR No. 1027-I of April 18, 1991 on the Procedure for Putting into Force the Law of the RSFSR on the Militia (Vedomosti S'ezda Narodnykh Deputatov RSFSR i Verkhovnogo Soveta RSFSR, item 504, No. 16, 1991);
3) Resolution of the Supreme Soviet of the Russian Federation No. 3789-I of November 3, 1992 on the Directorate for the Security of Facilities of the Paramount Governmental and Administrative Bodies of the RSFSR;
4) Resolution of the Supreme Soviet of the Russian Federation No. 4447-I of February 10, 1993 on Amending Item 2 of Resolution of the Supreme Soviet of the RSFSR on the Procedure for Putting into Force of the Law of the RSFSR on the Militia (Vedomosti S'ezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, item 291, No. 8, 1993);
5) Resolution of the Supreme Soviet of the Russian Federation No. 4496-I of February 17, 1993 on Extending Some Provisions of the Law of the RSFSR on the Militia to Military Servicemen and the Commanding Staff of Internal Affairs Bodies Attached to Tax Investigation Units (Vedomosti S'ezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, item 330, No. 9, 1993);
6) Law of the Russian Federation No. 4510-I of February 18, 1993 on Amending the Criminal Code of the RSFSR, the Criminal Procedural Code of the RSFSR, the Labour Correctional Code of the RSFSR and the Law of the RSFSR on the Militia (Vedomosti S'ezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, item 360, No. 10, 1993);
7) Article 4 of Federal Law No. 73-FZ of June 15, 1996 on Amending Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on Keeping in Custody the Persons Suspected and Accused of Committing Crimes (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2964, No. 25, 1996);
8) Federal Law No. 68-FZ of March 31, 1999 on Amending the Law of the RSFSR on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 1666, No. 14, 1999);
9) Federal Law No. 177-FZ of July 17, 1999 on the Application of the Regulations on Service with the Internal Affairs Bodies of the Russian Federation in Connection with the Adoption of the Federal Law on Amending the Law of the RSFSR on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3698, No. 29, 1999);
10) Federal Law No. 209-FZ of December 6, 1999 on Amending Article 10 of the Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 5905, No. 49, 1999);
11) Federal Law No. 105-FZ of July 25, 2000 on Amending Article 7 of Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3204, No. 31, 2000);
12) Article 2 of Federal Law No. 135-FZ of November 7, 2000 on Amending Some Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on State Fingerprinting Registration in the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 4537, No. 46, 2000);
13) Federal Law No. 163-FZ of December 29, 2000 on Amending Articles 30 and 36 of the Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 15, No. 1, 2001);
14) Federal Law No. 104-FZ of July 26, 2001 on Amending the Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3172, No. 31, 2001);
15) Federal Law No. 108-FZ of August 4, 2001 on Amending Articles 7 and 9 of the Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3316, No. 32, 2001);
16) Item 5 of Article 1 of Federal Law No. 41-FZ of April 25, 2002 on Amending Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on the Compulsory Insurance of the Civil Liabilities of Keepers of Vehicles (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 1721, No. 18, 2002);
17) Item 1 of Article 4 of Federal Law No. 78-FZ of June 30, 2002 on the Allowance of Money of Officers of Certain Federal Executive Governmental Bodies, Other Disbursements for the Benefit of These Members and the Conditions for Shifting Specific Categories of Personnel of Federal Tax Police Bodies and Customs Bodies of the Russian Federation to Other Conditions of Service (Work) (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2620, No. 27, 2002);
18) Item 2 of Article 1 of Federal Law No. 112-FZ of July 25, 2002 on Amending Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on Countering Extremist Activities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3029, No. 30, 2002);
19) Article 39 of Federal Law No. 116-FZ of July 25, 2002 on Amending Some Legislative Acts of the Russian Federation in Connection with Improvement of State Governance in the Area of Fire Safety (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3033, No. 30, 2002);
20) Article 1 of Federal Law No. 15-FZ of January 10, 2003 on Amending Some Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on the Licensing of Specific Types of Activity (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 167, No. 2, 2003);
21) Article 1 and 58 of Federal Law No. 86-FZ of June 30, 2003 on Amending Some Legislative Acts of the Russian Federation, Deeming as No Longer Effective Some Legislative Acts of the Russian Federation, Granting Specific Guarantees to Personnel of Internal Affairs Bodies, Bodies in Charge of Control over Transactions in Narcotic Drugs and Psychotropic Substances and Abolished Federal Tax Police Bodies in Connection with the Implementation of Measures for Improving State Governance (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2700, No. 27, 2003);
22) Article 4 of Federal Law No. 111-FZ of July 7, 2003 on Amending the Federal Law on the Fundamentals of the System of Prevention of Child Negligence and Juvenile Delinquency and Other Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2880, No. 28, 2003);
23) Article 4 of Federal Law No. 161-FZ of December 8, 2003 on Bringing the Criminal Procedural Code of the Russian Federation and Other Legislative Acts in Line with the Federal Law on Amending the Criminal Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 4847, No. 50, 2003);
24) Article 1 and Part 9 of Article 154 of Federal Law No. 122-FZ of August 22, 2004 on Amending Legislative Acts of the Russian Federation and Deeming as No Longer Effective Some Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Laws on Amending the Federal Law on the General Principles of Organisation of the Legislative (Representative) and Executive Governmental Bodies of the Subjects of the Russian Federation and on the General Principles of Organisation of Local Self-Government in the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3607, No. 35, 2004);
25) Article 2 of Federal Law No. 20-FZ of March 21, 2005 on Amending Some Legislative Acts of the Russian Federation in Connection with the Implementation of Aviation Safety Measures for Air Transport (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 1078, No. 13, 2005);
26) Article 2 of Federal Law No. 27-FZ of April 1, 2005 on Amending Some Legislative Acts of the Russian Federation and Deeming as No Longer Effective Some Provisions of Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 1212, No. 14, 2005);
27) Subitem "a" of Item 4 of Article 31 of Federal Law No. 199-FZ of December 31, 2005 on Amending Some Legislative Acts of the Russian Federation in Connection with the Improvement of Delineation of Powers (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 10, No. 1, 2006);
28) Federal Law No. 80-FZ of June 8, 2006 on Amending Article 31 of the Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2555, No. 24, 2006);
29) Article 1 of Federal Law No. 121-FZ of July 18, 2006 on Amending Some Legislative Acts of the Russian Federation on the Issue of Improving State Governance in the Area of Migration (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3420, No. 31, 2006);
30) Federal Law No. 126-FZ of July 25, 2006 on Amending the Law of the Russian Federation on the Militia and Deeming as No Longer Effective Some Provisions of the Federal Law on Amending the Law of the RSFSR on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3425, No. 31, 2006);
31) Article 1 of Federal Law No. 153-FZ of July 27, 2006 on Amending Some Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on Ratifying the Council of Europe Convention on the Prevention of Terrorism and the Federal Law on Countering Terrorism (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3452, No. 31, 2006);
32) Article 2 of Federal Law No. 232-FZ of December 18, 2006 on Amending the Town Planning Code of the Russian Federation and Some Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 5498, No. 52, 2006);
33) Article 1 of Federal Law No. 24-FZ of March 2, 2007 on Amending Some Legislative Acts of the Russian Federation in as Much as It Concerns the Requirements Applicable to the Persons Occupying State or Municipal Positions and Also Positions of the State or Municipal Service (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 1151, No. 10, 2007);
34) Article 2 of Federal Law No. 225-FZ of October 2, 2007 on Amending Some Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 4845, No. 41, 2007);
35) Article 1 of Federal Law No. 160-FZ of July 23, 2008 on Amending Some Legislative Acts of the Russian Federation in Connection with Improvement of the Exercise of the Powers of the Government of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3616, No. 30, 2008);
36) Article 1 of Federal Law No. 272-FZ of December 22, 2008 on Amending Some Legislative Acts of the Russian Federation in Connection with Improvement of State Control in the Area of Private Security-Guard and Detective Activities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 6227, No. 52, 2008);
37) Articles 1 and 18 of Federal Law No. 280-FZ of December 25, 2008 on Amending Some Legislative Acts of the Russian Federation in Connection with Ratification of the UN Convention against Corruption of October 31, 2003 and the Criminal Law Convention on Corruption of January 27, 1999 and the Adoption of the Federal Law on Countering Corruption (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 6235, No. 52, 2008);
38) Article 1 of Federal Law No. 293-FZ of December 26, 2008 on Amending Some Legislative Acts of the Russian Federation in as Much as It Concerns the Exclusion of Non-Procedural Rights of Internal Affairs Bodies of the Russian Federation Concerning Inspections of Businesses (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 6248, No. 52, 2008);
39) Federal Law No. 265-FZ of November 25, 2009 on Amending Article 10 of the Law of the Russian Federation on the Militia (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 5715, No. 48, 2009);
40) Article 2 of Federal Law No. 267-FZ of November 25, 2009 on Amending the Fundamentals of Legislation of the Russian Federation on Protection of the Health of Citizens and Some Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 5717, No. 48, 2009);
41) Article 4 of Federal Law No. 383-FZ of December 29, 2009 on Amending Part 1 of the Tax Code of the Russian Federation and Some Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 4, No. 1, 2010);
42) Article 2 of Federal Law No. 83-FZ of May 8, 2010 on Amending Some Legislative Acts of the Russian Federation in Connection with Improvement of the Legal Status of State (Municipal) Institutions (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2291, No. 19, 2010);
43) Article 1 of Federal Law No. 156-FZ of July 22, 2010 on Amending Some Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3987, No. 30, 2010);
44) Article 1 of Federal Law No. 157-FZ of July 22, 2010 on Amending Article 10 of the Law of the Russian Federation on the Militia and Resolution of the Supreme Soviet of the Russian Federation on Endorsing the Regulations on Service with the Internal Affairs Bodies of the Russian Federation and the Text of the Oath of Officer of Internal Affairs Bodies of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3988, No. 30, 2010);
45) Article 1 of Federal Law No. 227-FZ of July 27, 2010 on Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on Organising the Provision of State and Municipal Services (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 4196, No. 31, 2010).
Article 56. Entry into Force of the Present Federal Law
1. The present Federal Law shall enter into force from March 1, 2011.
2. The provisions of Articles 29, 43-46 of the present Federal Law shall extend to the officer of internal affairs bodies who are not police officer.
President of the Russian Federation D. Medvedev
The Kremlin, Moscow
February 7, 2011
No. 3-FZ