Chapter 1. General provisions
Article 1. investigative committee Russian Federation
1. The Investigation Committee of the Russian Federation (hereinafter also - the Investigation Committee) is federal state bodyexercising in accordance with the legislation of the Russian Federation authority in the field of criminal proceedings.
2. The Investigation Committee carries out other powers established by federal laws and regulatory legal acts of the President of the Russian Federation.
3. The President of the Russian Federation carries out management activities Investigative Committee, Approves the Regulation on the Investigative Committee of the Russian Federation and establishes the staffing of the Investigative Committee, including the staffing of the military investigative bodies of the Investigative Committee.
4. The main tasks of the Investigative Committee are:
1) an operational and qualitative investigation of crimes in accordance with the context established by the criminal procedure legislation of the Russian Federation;
2) Ensuring legality when receiving, registration, verification of reports of crimes, initiation of criminal cases, production preliminary investigation, as well as the protection of human rights and freedoms and citizen;
3) the implementation of procedural control of the activities of the investigative bodies of the Investigative Committee and their officials;
4) the organization and implementation within their powers to identify the circumstances that contribute to the commission of crimes, the adoption of measures to eliminate such circumstances;
5) exercise within its powers of international cooperation in the field of criminal proceedings;
6) Development of implementation measures public Policy in the execution of the legislation of the Russian Federation on criminal proceedings;
7) Improving regulatory regulation in the established schedule activities;
8) determining the procedure for the formation and presentation of statistical reports and reporting on investigative work, procedural control.
5. The powers of the Investigative Committee and the organization of its activities are determined by this Federal Law, other federal laws, the Regulations on the Investigative Committee of the Russian Federation and other regulatory legal acts of the President of the Russian Federation.
6. The Investigative Committee operates in cooperation with federal state authorities, the state authorities of the constituent entities of the Russian Federation, bodies local governments, community associations and organizations, other bodies.
7. The Investigative Committee has official symbols established by the President of the Russian Federation.
8. The Investigation Committee issues special editions.
Article 2. Legal basis activities of the investigative committee
The legal basis of the investigative committee are the Constitution of the Russian Federation, generally accepted principles and norms international law and international treaties of the Russian Federation, federal constitutional laws, this Federal Law and other Federal Laws, Regulations on the Investigative Committee of the Russian Federation, as well as other regulatory legal acts of the Russian Federation.
Article 3. The international cooperation
Investigative Committee, within its powers, interacts with the competent authorities foreign statesconcludes agreements, cooperates with international organizations In accordance with international treaties and participates in the development of international treaties of the Russian Federation in the established field of activity.
Article 4. The basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) the investigative bodies of the Investigative Committee - the central office of the Investigative Committee and the subdivision of the central office (including the Federal Districts); The main investigative departments and the Investigation Department of the Investigative Committee on the Subjects of the Russian Federation (including their divisions of these administrative departments) and the specialized departments (including military) investigative departments and the investigative departments of the Investigative Committee; investigative departments and investigative branches of the Investigative Committee in areas, cities and equivalent to them, including specialized (including military), investigative divisions of the Investigative Committee;
2) institutions of the Investigative Committee - scientific and educational institutions of the Investigative Committee, as well as other organizations created to ensure the activities of the Investigative Committee;
3) The leaders of the investigative bodies of the Investigative Committee - Chairman of the Investigative Committee of the Russian Federation (hereinafter referred to as Chairman of the Investigative Committee), Deputy Chairman of the Investigative Committee of the Russian Federation (hereinafter referred to major investigative departments, investigative departments, investigative departments and investigative offices, their first deputies and deputies, heads of units of the devices of the main investigative departments, investigative departments, investigative departments and their deputies;
4) The investigator is the investigator, the senior investigator, the investigator on particularly important cases, the senior investigator on particularly important cases, a criminalist investigator, a senior criminal investigator;
5) Employees of the Investigative Committee (hereinafter also - employees) are the leaders of the investigative bodies of the Investigative Committee, investigators, as well as other officials of the Investigative Committee with special or military ranks or replacing positions on which the assignment of special or military ranks is provided.
Article 5. Principles of the investigative committee
1. The Investigation Committee is a single federal centralized system of investigative bodies and institutions of the Investigative Committee and is valid on the basis of subordination of the lower managers to the superior and chairman of the investigative committee.
2. Investigative bodies and institutions of the Investigation Committee:
1) exercise authority regardless of the federal state authorities, the state authorities of the constituent entities of the Russian Federation, local governments, public associations and organizations, other bodies and in accordance with the legislation of the Russian Federation;
2) they act clearly to the extent that it does not violate the rights and freedoms of a person and a citizen, does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, the legislation of the Russian Federation on state and other secrecy protected by law;
3) inform the federal state authorities, the state authorities of the constituent entities of the Russian Federation and local governments, as well as the population of the results investigative activities.
3. Investigation Committee, General Military Investigation Department, Chief Investigation Department and Investigation Department of the Investigative Committee on the Subjects of the Russian Federation (including the divisions of these administrative departments) and equated specialized (including military) investigative departments and investigative departments The committee and institutions of the Investigative Committee are legal entities. Investigative Committee, these Investigative Bodies, Investigative Departments and Investigative Offices of the Investigation Committee for Areas, Cities and Equity, including specialized (including military), the investigative divisions of the Investigative Committee and the Investigative Committee's institutions have seal with the image of the State Arms of the Russian Federation and With its full name.
4. Employees of the Investigative Committee cannot be members of political parties and other public associations pursuing political goals, and take part in their activities. The creation and activities of public associations pursuing political goals, and their organizations in the investigative bodies and institutions of the Investigative Committee are prohibited. Employees of the Investigative Committee in their office activity Not related to decisions of political parties and other public associations.
5. Employees of the Investigative Committee are not entitled to combine their main activities with other activities on a reimbursable basis, except for teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign countries, international and foreign organizations, foreign citizens and individuals without citizenship, unless otherwise provided by the International Treaty of the Russian Federation or the legislation of the Russian Federation. Employees of the Investigative Committee are not entitled to enter into bodies of management, guardianship or observation councils, other bodies of foreign non-commercial non-governmental organizations and their branches operating in the Russian Federation, unless otherwise provided by the International Agreement of the Russian Federation or the legislation of the Russian Federation.
Article 6. Inadmissibility of interference in the activities of the Investigative Committee
1. Impact in any form of federal state bodies, state authorities of the constituent entities of the Russian Federation, local governments, public associations and organizations, other bodies, media, their representatives, as well as officials at the employee of the Investigative Committee in order to provide The impact on the procedural decision made or preventing it in any form of its procedural activities entails the responsibility established by the legislation of the Russian Federation.
2. Employees of the Investigative Committee are not obliged to give any explanations on the essence of cases in their work and materials, with the exception of cases provided for by the legislation of the Russian Federation. The deeds and materials of the Investigative Committee, including the affecting human rights and freedoms and citizen, are provided for familiarization in cases and procedure that are provided for by the legislation of the Russian Federation.
3. These inspections and prior investigations conducted by the Investigative Committee may be committed to publicity only with the permission of an employee of the Investigative Committee in accordance with the legislation of the Russian Federation.
Article 7. The obligation to fulfill the requirements of the Employees of the Investigative Committee
1. An employee of the Investigative Committee in the implementation of the procedural authority assigned to him by the Criminal Procedure Legislation of the Russian Federation, is entitled:
1) freely enter the territory and in the premises held by the federal government bodies, the state authorities of the constituent entities of the Russian Federation and local governments, as well as enterprises, institutions and organizations, regardless of the forms of ownership and have access to their documents and materials in order to verify the he has a criminal crime issue or investigation;
2) enter residential and other residents belonging to citizens to those belonging to them land With the suppression of a crime, the persecution of persons suspected of committing crimes, or the availability of sufficient data to believe that a crime is committed or committed;
3) demand from managers and other officials of bodies, enterprises, institutions and organizations specified in paragraph 1 of this part, providing necessary documents, materials, statistical and other information, the allocation of specialists to clarify the report on the crime and conducting a preliminary investigation of issues during the audit; demand from officials of relevant bodies, enterprises, institutions and organizations of production for these purposes of documentary inspections, audits, research documents, subjects, corpses and involve to participate in these inspections, audits, studies of specialists;
4) cause official and other individuals for explanations and the production of investigative actions in the implementation of pre-trial production.
2. Requirements (requests, instructions) of the Employee of the Investigative Committee presented (directed, data) when verifying the crime report, conducting a preliminary investigation or other powers, are required for execution by all enterprises, institutions, organizations, officials and other persons immediately or specified In demand (request, instructions).
3. Statistical and other information, certificates, documents and their copies necessary to implement the authority assigned to the investigative bodies and institutions of the Investigative Committee are provided at the request of an employee of the investigative committee.
4. Failure to fulfill the legitimate requirements of the employee of the Investigative Committee or evasion from the appearance on its call entails the responsibility established by the legislation of the Russian Federation.
Article 8. Participation of the head of the investigative body of the Investigative Committee and the investigator in meetings of state authorities, local governments and in the consideration of submissions
1. Chairman of the Investigative Committee, his deputies and on their instructions other employees of the Investigative Committee are entitled to attend the meetings of the Chambers Federal Assembly Of the Russian Federation, their committees and commissions, the Government of the Russian Federation, federal bodies executive power, legislative (representative) and executive bodies of state authorities of the constituent entities of the Russian Federation and local governments in the manner prescribed by regulations or other regulatory legal acts defining the procedure for the activities of these bodies.
2. Heads of investigative bodies of the Investigative Committee on the constituent entities of the Russian Federation, by districts, cities that equated to them by the investigative bodies of the Investigative Committee, their deputies and on their instructions other employees of the Investigative Committee are entitled to attend meetings of legislative (representative) and executive bodies of public authorities of the subjects The Russian Federation and local governments in the manner prescribed by the regulations or other regulatory legal acts defining the procedure for the activities of these bodies.
3. The heads of the investigative bodies of the Investigative Committee, their deputies or on their instructions, other employees of the Investigative Committee, also investigators have the right to participate in consideration by the submissions made by them to eliminate the circumstances that contributed to the commission of the crime and consider other information of the investigative committee's investigative bodies. Within one month from the date of submission, concrete measures should be taken to eliminate the violations of the law, the circumstances that contributed to the commission of crime, and the results should be reported in writing by the head of the investigative body of the Investigative Committee.
Article 9. The participation of the Investigative Committee in coordination of law enforcement and crime
1. Heads of the investigative bodies of the Investigative Committee or on their instructions, other employees of the Investigative Committee are entitled to participate in crime fighting coordination meetings, law enforcement coordination meetings in the constituent entities of the Russian Federation, working groups, submit the necessary statistical and other information to ensure the coordination of activities law enforcement to combat crime.
2. The Investigation Committee in the disclosure and investigation of crimes interacts with law enforcement agencies, the preliminary investigation authorities and the inquiry authorities.
Article 10. The participation of the investigative committee in laws
1. The Investigation Committee develops and submits to the president of the Russian Federation and to the Government of the Russian Federation projects of federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, as well as other documents on issues related to the established field of activity.
2. The head of the investigative body of the Investigative Committee is entitled to develop proposals for improving legislative and other regulatory legal acts on issues related to the established field of activity.
Article 11. Consideration in investigative bodies and institutions of the Investigative Committee of Applications, Other Appeals and Complaints
1. In the investigative bodies of the Investigative Committee, in accordance with their powers, applications and other appeals containing reports of crimes are considered, petitions for criminal matters, Complaints of actions (inaction) and solutions to the leaders of the investigative bodies of the Investigative Committee and investigators in the manner established by the Criminal Procedure Code of the Russian Federation. The decision taken by the head of the investigative body of the Investigative Committee or the investigator does not prevent the appeal of the relevant person to the prosecutor or to court.
2. Investigatives and institutions of the Investigative Committee, other applications, appeals and complaints are considered in the manner prescribed by the legislation of the Russian Federation.
3. The answer to the application, appeal, the complaint should be motivated. If, in satisfying the statement, circulation or complaints, the procedure for appealing the decision taken and his right to appeal the appropriate decision to court should be explained.
4. In case, during the audit of the appeal to the offense, the absence in the act of the composition of the crime will be established, but the presence of signs in it administrative offenseThe head of the investigative body of the Investigative Committee sends the relevant materials to the authority, the official, whose competence includes the decision to bring to the responsibility of the person who committed such an offense.
Chapter 2. Investigative Committee's system and organization of the investigative committee
Article 12. System of the Investigative Committee
1. The Investigative Committee's system includes:
1) the central office of the investigative committee;
2) the main investigative departments and the investigative department of the Investigative Committee on the subjects of the Russian Federation (including their administrative units) and equated specialized (including military) investigative departments and the investigative departments of the Investigative Committee;
3) Investigative departments and investigative branches of the Investigative Committee for districts, cities and equivalent to them, including specialized (including military) Investigative divisions of the Investigative Committee;
2. In the central office of the Investigative Committee, divisions are created (including by federal districts) in accordance with the Regulations on the Investigative Committee of the Russian Federation.
3. In the Investigative Committee's system in accordance with the legislation of the Russian Federation, scientific and educational institutions may be created, as well as other organizations necessary to ensure its activities.
4. In the investigative bodies of the Investigative Committee and their divisions, as well as the agencies of the Investigative Committee are formed in accordance with the List (States) of the positions of the heads of the investigative bodies of the Investigative Committee and the relevant units, their first deputies, deputies, assistants, senior assistants and assistants for special instructions, Investigators, senior investigators, investigators on particularly important cases, senior investigators on particularly important cases, criminalist investigators, senior criminal investigators and other posts.
5. In the investigative committee, a board is formed as part of the Chairman of the Investigative Committee (Chairman of the Board), his first deputy and deputies included in it, as well as other persons. The composition of the collegium of the Investigation Committee (with the exception of persons included in her position) is approved by the President of the Russian Federation.
6. Creation, reorganization and abolition (liquidation) of the investigative bodies of the Investigative Committee, as well as the creation, reorganization and abolition (liquidation) of the Investigative Committee's institutions are carried out by the Chairman of the Investigative Committee in accordance with the Regulations on the Investigative Committee of the Russian Federation.
Article 13. Chairman of the Investigative Committee
1. The Investigative Committee is headed by the Chairman of the Investigative Committee, which is personally responsible for the implementation of the tasks facing the investigative committee and the implementation of public policy in the established field of activity.
2. The Chairman of the Investigative Committee is appointed and exempt from office by the President of the Russian Federation.
3. The Chairman of the Investigative Committee annually submits the President of the Russian Federation a report on the implementation of state policy in the established field of activity, the state of investigative activities and the work done to increase its effectiveness.
4. Chairman of the Investigative Committee:
1) organizes the work of the investigative committee;
2) issues organizational and administrative documents in the form of orders, orders, instructions, approves the provisions and instructions on the activities of the Investigative Committee, mandatory for all its employees, federal state civil servants and employees;
3) approves within its competence structure and staff schedule of the central office, investigative bodies and institutions of the Investigative Committee;
4) carries out other powers in accordance with federal laws, the Regulation on the Investigative Committee of the Russian Federation and other regulatory legal acts of the Russian Federation.
5. In the absence of the Chairman of the Investigative Committee or in case of the impossibility of fulfilling their official duties, his obligations are fulfilled by the First Deputy Chairman of the Investigative Committee, and in the absence of the Chairman of the Investigative Committee and its first deputy or in case of impossibility of fulfilling their official duties - one of the vice-chair of the investigative Committee in accordance with the distribution of official duties.
Article 14. Deputy Chairman of the Investigation Committee
1. The Chairman of the Investigative Committee has the first deputy and deputies. The number of deputy chairperson of the Investigative Committee is established by the President of the Russian Federation.
2. The First Deputy and Deputy Chairman of the Investigative Committee are appointed and exempt from office by the President of the Russian Federation to submit the Chairman of the Investigative Committee.
Chapter 3. Service in the Investigation Committee. Legal status Employees of the Investigative Committee
Article 15. Service in the Investigation Committee
1. The service in the Investigation Committee is the federal civil service, which is held by the Employees of the Investigative Committee in accordance with this Federal Law and other regulatory legal acts of the Russian Federation.
2. Employees of the Investigative Committee are federal civil servants who are fulfilling the responsibility of the Federal State Service office, taking into account the features provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
3. At the Employees of the Investigative Committee (except for military personnel), labor legislation is applied with the peculiarities provided for by this Federal Law.
4. Posts in the military investigative departments of the Investigative Committee, the military investigative departments of the Investigative Committee may be replaced by military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies. The procedure for the passage of military service in the investigative committee is regulated by the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service "(hereinafter referred to as the Federal Law" On Military Duty and Military Service "), taking into account the peculiarities provided for by this Federal Law and other regulatory legal acts of the Russian Federation.
5. Some posts in the Investigation Committee may be replaced by federal state civil servants who are held in accordance with the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" (hereinafter referred to as the Federal Law "On the State Civil Service of the Russian Federation ") taking into account the features provided for by this Federal Law.
6. Chairman of the Investigative Committee, Deputy Chairman of the Investigative Committee, heads of the main investigations, investigative departments for the constituent entities of the Russian Federation, their first deputies and deputies equivalent to them managers and their deputies, other officials, for the posts of which the highest special titles are provided for the posts. Appointed by posts and are exempt from office by the President of the Russian Federation.
7. Purpose Acting on vacant position indicated in part 6 this article, is carried out by the Chairman of the Investigative Committee with the permission of the President of the Russian Federation. The deadline for execution of duties for this post may not exceed six months. Exemption from the execution of duties for this post is carried out by the Chairman of the Investigative Committee.
Article 16. Requirements for citizens of the Russian Federation adopted by the Investigation Committee
1. Employees of the Investigative Committee may be citizens of the Russian Federation (hereinafter - citizens), which have a higher legal education obtained in having state accreditation of the educational institution of higher vocational educationWith the necessary professional and moral qualities and are able to fulfill their official responsibilities for them.
2. The posts of investigators of the investigative departments and the investigative branches of the Investigative Committee for the districts, cities and equivalent to them, including specialized investigative divisions of the Investigative Committee in exceptional cases, citizens studying on a legal specialties in having state accreditation of educational institutions of higher professional education and Threatened the third course of these educational institutions.
3. Citizens who do not have the highest can be appointed to the individual posts of the Federal Public Service in the Investigation Committee. legal educationIf they have other higher vocational education obtained in a state accreditation of the educational institution of higher professional education and the relevant replaced position.
4. A citizen cannot be accepted into the Investigation Committee, if:
1) recognized as incapable or limited by a capable decision of the court entered into legal force;
2) was convicted of a crime upon a sentence of the court who had entered into force, it has a criminal record or had a criminal record, which is removed or repaid, in relation to it is carried out criminal prosecution Or terminated criminal prosecution over the expiration of the statute of limitations, due to the reconciliation of the parties, as a result of the act of amnesty or in connection with the active repentance;
3) refuses to pass the procedure for registration of admission to the information constituting the state and other law protected by law, if the fulfillment of responsibilities for the post of federal public service, a citizen claims to be replaced, or according to his position due to the use of such information;
4) has a disease that impede admission to the service to the investigative committee or its passage and confirmed by the conclusion medical institutiondata in the manner determined by the Government of the Russian Federation;
5) It consists in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses) with an employee or federal state civil servant of the Investigative Committee and if the position of the Federal State Service or Federal State Civil Services is associated with direct subordination or controlling one of them to another;
6) came out of citizenship of the Russian Federation;
7) has citizenship of another state (other states), unless otherwise provided by the International Treaty of the Russian Federation;
8) submitted substrate documents or obviously false information upon admission to the service to the Investigation Committee;
9) did not provide the established information or submitted deliberately false information about its incomes, property and obligations of property, as well as income, on property and property obligations of the spouse (spouse) and juvenile children;
10) did not comply with the restrictions and did not perform the duties established by the Federal Law of December 25, 2008 N 273-FZ "On Countering Corruption".
5. Citizens studying at a legal specialties in educational institutions of higher professional education on the target direction of the Investigative Committee at the expense of funds federal budgetThey are obliged in accordance with the contracts with them to undergo a service in investigative bodies or institutions of the investigative committee for at least five years. In the case of dismissal from the investigative authorities or institutions of the Investigation Committee before the expiration of the specified period (except for cases of dismissal on the state of health, the dismissal of a woman who has a child under eight years, as well as in connection with a call for military service, abolition (liquidation) of the Investigative Committee of the Investigative Committee or abolition (liquidation) of the institution of the Investigative Committee, the reduction of the number or staff of the Investigative Committee) specified persons Completely reimbursement of their training.
6. The positions of the leaders of the investigative departments and the investigative branches of the Investigative Committee on areas, cities and equivalent to them, including specialized, investigative departments of the Investigative Committee are appointed citizens not under 25 years old, having experience in legal specialties in the Investigative Committee, the investigative bodies of the Federal executive authorities (with the relevant federal executive authorities), the prosecution authorities, in judicial bodies Not less than three years. The appointment for the position of these managers is produced for a period of no more than five years, staying in the position of more than two terms in a row is not allowed.
7. The positions of the heads of the main investigations and investigative departments of the Investigative Committee on the subjects of the Russian Federation (including their administrative districts) and specialized investigative departments and investigative departments of the Investigative Committee are appointed citizens not under 30 years of age Legal specialties in the investigative committee, investigative bodies of federal executive bodies (with relevant federal executive bodies), the prosecution authorities, in the judiciary at least five years. The appointment for the position of these managers is produced for a period of no more than five years, staying in the position of more than two terms in a row is not allowed.
8. The Chairman of the Investigative Committee has the right to appoint officials of the Investigative Committee to the positions of the investigative bodies of the Investigative Committee specified in paragraph 7 of this article with experience in senior positions in government bodies.
9. Requirements established by part 4 of this article also apply when adopting a federal civil service and to work in the Investigation Committee on the Labor Contract.
Article 17. Restrictions, prohibitions and obligations related to the passage of service in the Investigative Committee
At the staff and federal state civil servants of the Investigative Committee, restrictions, prohibitions and obligations established by the Federal Law of December 25, 2008 N 273-FZ "On Counteracting Corruption", as well as, respectively, by Federal Law "On the System of the State Service of the Russian Federation" and Articles 17 , 18 and 20 of the Federal Law "On the State Civil Service of the Russian Federation".
Article 18. Test when receiving service to the Investigation Committee
1. For citizens for the first time taken to the service in the Investigation Committee, with the exception of citizens who completed the educational institutions of the highest professional education of the Investigative Committee, in order to verify their compliance of the replaced position, the test may be provided. Test term is set up to six months. The duration of the test is determined by the head of the investigative body or the establishment of the Investigative Committee, whose competence includes appointment to the appropriate position. The test term in the process of passing the service can be reduced by agreement of the parties. During the test period, a period of temporary disability and other periods, when a citizen passing a test, was absent in service for good reasons were not counted.
2. Citizens specified in paragraph 1 of this article are appointed to the appropriate position without assigning a special title.
3. In the unsatisfactory result of the test, a citizen may be dismissed from the service in the investigative committee or in coordination with it translated into another position.
4. If the test term has expired, and the citizen continues to perform official responsibilities assigned to him, it is considered to be a test and an additional decision on his appointment to a position is not accepted.
Article 19. The oath of the employee of the investigative committee of the Russian Federation
1. A citizen who first appointed the post in the Investigative Committee takes the oath of the Investigative Committee of the Russian Federation of the following content:
"Debating himself to serving Russia and the law, solemnly swear:
sacred to comply with the Constitution of the Russian Federation, laws and international obligations Of the Russian Federation, not allowing the slightenance of them;
it is implacably fighting any violations of the law, whoever has made them and seek high efficiency and impartiality of the preliminary investigation;
actively defend the interests of the individual, society and the state;
carefully and carefully treat proposals, statements, appeals and complaints of citizens, to comply with objectivity and justice in solving fate of people;
strictly store the state and other law protected by law;
constantly improve your professional skills, to rush by your professional honor, to be a model of integrity, moral purity, modesty, holy to protect and multiply the best traditions of the Investigative Committee of the Russian Federation.
I realize that the oath violation is incompatible with the further stay in the Investigative Committee of the Russian Federation. "
2. The procedure for taking the oath of an employee of the Investigative Committee of the Russian Federation is established by the Chairman of the Investigative Committee.
Article 20. Special titles of employees of the Investigative Committee
1. Employees of the Investigative Committee (except for servicemen) are assigned the following special titles:
1) Junior special titles:
a) Junior Lieutenant Justice;
b) Lieutenant of Justice;
c) Senior Lieutenant Justice;
d) captain of justice;
2) Senior special titles:
a) Major of Justice;
b) Lieutenant Colonel of Justice;
c) Colonel of Justice;
3) Higher special titles:
a) Major General of Justice;
b) Lieutenant-General of Justice;
c) Colonel-General of Justice;
d) General Justice of the Russian Federation.
2. The procedure for assigning special ranks to employees of the investigative committee is determined by the President of the Russian Federation.
Article 21. Certification of employees of the investigative committee
1. The certification of employees of the Investigative Committee is held in order to determine their compliance with the replaced position and the level of their qualifications.
2. The procedure and timing of the certification of employees of the investigative committee are established by the Chairman of the Investigative Committee.
3. Scientific and pedagogical personnel of the Investigative Committee's institutions are subject to certification in the manner determined by the Chairman of the Investigative Committee, taking into account the peculiarities of scientific and pedagogical activities, and the officers of military investigations and departments of the Investigative Committee - in the manner determined by the Chairman of the Investigative Committee, taking into account the peculiarities of the military Services.
Article 22. Service certificate
1. Employees, federal state civil servants and employees of the Investigative Committee are given relevant official certificates established by the Chairman of the Investigative Committee of the Sample.
2. The official certificate of the employee of the Investigative Committee is a document confirming his identity, position, special or military rank.
3. The official certificate of the employee of the Investigative Committee confirms its right to wearing and storing combat hand-held small arms and special funds, other rights and powers, provided by the Investigative Committee's employee by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
Article 23. Personal case of an employee, federal state civil servant of the Investigative Committee
1. The personnel of the employee, the Federal State Civil servant of the Investigative Committee, his personal data and other information related to the service in the Investigation Committee, its passage, preparation, retraining, advanced training and dismissal from the service are introduced into the service.
2. It is forbidden to receive and attach to the personal business of the employee, the Federal State Civil servant of the Investigative Committee, personal data on his religious and other beliefs and private life.
3. The employee, the Federal State Civil Service of the Investigative Committee has the right to familiarize themselves with all the materials in his personal case, for an introduction to the personal case of his explanations in writing.
4. The procedure for conducting personal care of employees, federal state civil servants of the Investigative Committee is established by the Chairman of the Investigative Committee.
Article 24. Uniform
1. Employees of the Investigative Committee are provided with uniforms in order and on the standards that are established by the Government of the Russian Federation.
2. In the case of the participation of an employee of the Investigative Committee in court session In accordance with his powers, as well as in other cases of its official representation, wearing uniforms of uniforms.
3. Citizens dismissed from services in the investigative committee who have experience (work) in the Investigative Committee, other investigative bodies, prosecution authorities, law enforcement, judicial bodies and military service experience at least 20 years, with the exception of citizens dismissed for non-fulfillment or improper Performing your official duties, the commission of misconduct, the honor of the employee of the investigative committee, or devoid of a special title by the court sentence, have the right to wear uniforms.
Article 25. Entry Employee Employees
1. Employees of the Investigative Committee are provided with an annual main paid leave with a duration of 30 calendar days without taking into account the time of the vacation location and back from payment in the prescribed manner of the cost of travel to the place of holiday and back within the Russian Federation (once a year).
2. Employees of the Investigative Committee, which takes place in areas with special climatic conditions, the annual primary paid leave is provided on the standards set asleep by the Government of the Russian Federation, but at least 45 calendar days.
3. Employees of the Investigative Committee are provided annual additional paid leave for service experience duration:
1) when driving 10 years - 5 calendar days;
2) at a service of 15 years - 10 calendar days;
3) at a service of 20 years - 15 calendar days.
4. In the service experience, the period of military service, work in the prosecution authorities, work as a judge, service in the internal affairs bodies of the Russian Federation, is also counted for the provision of an annual additional paid vacation, in the authorities for monitoring drug trafficking and psychotropic substances, in customs authorities In the position of the investigator.
5. According to the written statement of an employee of the Investigative Committee with the permission of the head of the investigative body or agencies of the Investigative Committee, the division of annual paid leave is allowed. At the same time, payment of the cost of travel to the place of recreation and back and providing time to drive to the place of recreation and back are made only once.
6. In some cases, according to a written statement of an employee of the Investigative Committee with the permission of the head of the Investigative Body or the Establishment of the Investigative Committee, annual paid leave for a calendar year can be provided next year.
7. Employees issued from service in the Investigative Committee for Health, due to the abolition (liquidation) of the investigative body of the Investigative Committee or the abolition (liquidation) of the Investigative Committee, a reduction in the number or staff of the Investigative Committee, or retirement, is provided by their request. Annual paid leave is proportionally actually spent time. Employees who have not used their right to an annual paid leave, when dismissing is paid financial compensation in proportion to actually spent time.
8. Employees of the Investigative Committee, which are military personnel, holidays are provided by their choice in the manner established by this article, or in the manner prescribed by the Federal Law of May 27, 1998 N 76-FZ "On the status of servicemen" (hereinafter referred to as the Federal Law "On Status servicemen ").
Article 26. Translation of employees of the Investigative Committee to the Service in another locality
1. The translation of the employee of the Investigative Committee in the interests of the service to another locality is allowed from its written consent, and when transferring to the area with special climatic conditions, in the presence of a medical institution about the possibility this employee According to the state of health, undergoing a service in the appropriate area.
2. The transfer of an employee to the service to another terrain on his initiative is allowed only in agreement with the heads of the relevant investigative bodies or institutions of the Investigative Committee.
3. The cost of moving an employee translated into service to another terrain, and his family members, as well as the transportation of property, are reimbursed in the manner prescribed by the Government of the Russian Federation.
Article 27. Promotion and awarding staff of the Investigative Committee
1. For conscientious performance by an employee of the investigative committee of his official duties, impeccable and efficient service in the investigative committee, the following promotions apply to the tasks of particular importance and complexity:
1) Announcement of gratitude;
2) awarding certificate certificate;
3) award on the board of honor, in the book of honor;
4) payment of the cash premium;
5) awarding a gift;
6) rewarding a valuable gift;
7) rewarding with registered weapons;
8) early assignment of the next special title or assigning a special title to one step above another;
9) Awarding medals of the Investigative Committee, including medals "for loyalty to official debt", "Valor and courage", "For merit", "for the difference", "for impeccable service", "veteran of investigative bodies", "For Assistance" , "For diligence in the service", as well as other medals of the Investigative Committee, established by the Chairmen of the Investigative Committee;
10) Awarding the progress of the "Honorary Officer of the Investigative Committee of the Russian Federation" with the simultaneous presentation of the Certificate of Honor of the Chairman of the Investigative Committee of the Russian Federation. Regulations on the breastplate "Honorary Officer of the Investigative Committee of the Russian Federation" and medals of the Investigative Committee are approved by the Chairman of the Investigative Committee.
2. The Chairman of the Investigative Committee may apply established by this article to promote and awarding to non-employees of the Investigative Committee to persons who assist in solving the tasks assigned to the Investigative Committee and in the development of the investigative committee system.
3. Especially distinguished employee of the Investigative Committee may be presented to award state awards Russian Federation.
4. To encourage employees of the Investigative Committee and those specified in Part 2 of this article, there are award and gift funds in the investigative committee.
Article 28. Disciplinary responsibility of employees of the Investigative Committee
1. For non-fulfillment or improper execution by an employee of the investigative committee of his official duties and the commission of misconduct, the following disciplinary penalties are applied to it to the honor of the Employee of the Investigative Committee:
1) Note;
2) reprimand;
3) strict reprimand;
4) lowering in a special rank;
5) deprivation of medals of the investigative committee;
6) deprivation of the breastplate "Honorary Officer of the Investigative Committee of the Russian Federation";
7) a warning of incomplete service compliance;
8) dismissal from the Investigative Committee on the relevant basis.
2. The Chairman of the Investigative Committee has the right to apply all types of employees of the Investigative Committee disciplinary penalties.
3. The powers of the leaders of the investigating authorities and the agencies of the Investigative Committee to attract the disciplinary responsibility of the Investigative Committee shall be determined by the Chairman of the Investigative Committee.
4. The decision to deprive the medals of the Investigative Committee and the Breasting Sign "Honorary Officer of the Investigative Committee of the Russian Federation" is made by the Chairman of the Investigative Committee.
5. Disciplinary penalty in the form of dismissal to the employee of the Investigative Committee, awarded the Big Sign "Honorary Officer of the Investigative Committee of the Russian Federation", can be applied only with the consent of the Chairman of the Investigative Committee.
6. Disciplinary recovery is applied immediately after the misconduct is detected, but no later than one month from the date of its detection, not counting the time of the disease of the Employee of the Investigative Committee or his stay on vacation.
7. Disciplinary recovery cannot be applied during the disease of the employee of the Investigative Committee or his stay on vacation.
8. Disciplinary recovery cannot be applied later than six months from the date of the misconduct, and according to the results of a revision or verification of financial and economic activity - later than two years from the date of misdeeding.
9. An employee of the Investigative Committee who made misconduct may be temporarily (but not more than one month) before deciding on the application of disciplinary recovery is removed from office.
10. The removal from office is made by order of the head of the investigative body or the establishment of the Investigative Committee, which has the right to appoint an employee to the appropriate post. During the removal of the post, the employee is paid money content (monetary content) in the amount of an official salary (salary by position), surcharges for a special title (salary for military rank) and surcharges (surcharges) for long service.
Article 29. The procedure for attracting an employee of the Investigative Committee to criminal liability
1. Checking the report on the committed officer of the Investigative Committee of the Crime, the initiation against his criminal case (except when it is caught in committing a crime) and the investigation is the exclusive competence of the investigative committee of the Investigative Committee.
2. An employee of the Investigative Committee, in respect of which a criminal case was initiated, for the period of production of the investigation is removed from office. During the suspension from office, the specified employee of the Investigative Committee is paid money content (monetus) in the amount of an official salary (salary by position), surcharges for a special title (salary on military rank) and surcharges (surcharges) for long service.
3. Detention is not allowed, drive, personalistic inspection of the investigative body of the Investigative Committee and the investigator, the inspection of their things and those used by the vehicles, except when it is provided for by federal law to ensure the safety of other persons, as well as cases of detention when committing a crime.
Article 30. Dismissal from service in the investigative committee
1. The service in the investigative committee is terminated when the employee is dismissing.
2. The employee of the Investigative Committee may be fired from the service in the Investigative Committee on the Foundations provided for by labor legislation (with the exception of a military personnel), on its own initiative in connection with a retirement, provided for in paragraph 13 of Article 35 of this Federal Law, as well as on the initiative of the head of the investigative Authority or institutions of the Investigative Committee in the case of:
1) Achievements more than age stay in the service in the investigative committee;
2) the exit of citizenship of the Russian Federation or the acquisition of citizenship of another state;
3) violations of the oath of the employee of the Investigative Committee of the Russian Federation and (or) the commission of an offense, the disclosure of the honor of the Employee of the Investigative Committee;
4) non-compliance with restrictions, disruptions of prohibitions and non-fulfillment of duties related to the passage of service in the Investigative Committee and established by Article 17 of this Federal Law, as well as the emergence of the circumstances provided for in Article 16 of the Federal Law "On the State Civil Service of the Russian Federation";
5) disclosure of information constituting the state and other law protected by the law;
6) refusal to submit information or submission of obviously false information about their income, property and obligations of property, as well as about income, property and obligations of the property of the spouse (spouse) and minor children;
7) the presence of a disease provided for in paragraph 4 of Part 4 of Article 16 of this Federal Law.
3. The urgent age of staying in the investigative committee (with the exception of scientific and pedagogical personnel) is 65 years.
4. Duration of stay in the service in the Investigative Committee of the employee who has reached the limit age installed part 3 of this article, and replacing a position in the investigative body of the Investigative Committee, by decision of the head of the relevant investigative body of the Investigative Committee may be extended to the age of 70 years.
5. Extension of the service life in the Investigative Committee of the employee who has a disease that impede the fulfillment of official duties and confirmed by the conclusion of a medical institution in the manner determined by the Government of the Russian Federation, and an employee who has reached the age of 70 (with the exception of scientific and pedagogical personnel) , not allowed. After reaching the specified age, the employee may continue to work in the investigative bodies or institutions of the Investigative Committee under conditions of urgent labor contract With the preservation of complete monetary content provided for in paragraph 1 of Article 35 of this Federal Law as wages.
Article 31. Guarantees of the Employee of the Investigative Committee, selected (designated) member of the Federation Council, deputy State Duma, deputy of the legislative (representative) authority of the subject of the constituent entity of the Russian Federation, deputy representative organ municipal Education either by the elected official of local self-government
1. Employee of the Investigative Committee, elected (appointed) member of the Federation Council of the Federal Assembly of the Russian Federation, deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) authority of the state of the constituent entity of the Russian Federation, a deputy of the representative body of the municipality or the elected official of local self-government, For the period of the relevant authority suspends the service in the Investigative Committee. After the cessation of these powers, the employee of the Investigative Committee appreciated the previously replaced position is provided, and in the absence of its other equivalent post, if more than either with the consent of the employee in another service.
2. The period of the implementation of the powers specified in paragraph 1 of this article shall include an employee of the Investigative Committee in general work experience and years of service, which gives the right to assign another special title, surcharge for long service, additional leave.
Article 32. Recovery in the service in the Investigative Committee
1. The employee of the Investigative Committee, recognized in the established procedure illegally dismissed from service in the Investigative Committee, illegally transferred to another position or illegally deprived of a special or military rank, is subject to restoration in the service in the previously replaced position (or with its consent appointment to an equivalent position) and Former special or military rank.
2. The employee of the Investigative Committee restored in the service in the Investigative Committee, the time of the forced absenteeism is counted in general work experience and long service, which gives the right to assign the next special or military rank, surcharge (surcharge) for long service, additional leave and appointment of a service for long service years.
Article 33. Exception from the lists of employees of the Investigative Committee
The deceased (deceased) employee of the Investigative Committee is excluded from the lists of employees of the Investigative Committee from the next after his death (death) of the day, and an employee, in the prescribed manner, recognized as missing or declared by the dead, from the date of entry into force of the appropriate court decision.
Article 34. Professional training, retraining and advanced training of an employee of the Investigative Committee
1. In order to ensure high professional level Employees of the Investigative Committee operates the system of their preparation, retraining and advanced training.
2. Advanced training is the official responsibility of employees of the Investigative Committee. The attitude towards studying and the growth of professionalism is taken into account in solving issues on the compliance of the employee of the investigative committee of a replaced position, its promotion and promotion.
3. Preparation of scientific and pedagogical personnel from among the employees of the Investigative Committee is carried out in the graduate school of scientific and educational institutions of the Investigative Committee for Full-time learning.
4. An employee of the Investigative Committee, enrolled in the postgraduate study of full-time education, is exempt from a replaced position and will be submitted to the place of study with preservation of an official salary, surcharges for a special title and long-term service for the service.
5. The study in graduate school for full-time education is counted an employee of the Investigative Committee in Levge of Years, which gives the right to assign another special title, surpascy for the length of service and the appointment of a serving pension for years, subject to the continuation of the service in the investigative committee.
Article 35. Material I. social Security Employees of the Investigative Committee
1. The monetary content of the employee of the Investigative Committee consists of an open salary; surcharges for a special title, for long service, for special conditions of service (in the amount of 50 percent of the salary), the complexity, tension and high achievements in the service; allowances for a scientist degree and scholarship in a specialty, relevant to official duties, for the honorary title "Honored Lawyer of the Russian Federation", for chest sign "Honorary Officer of the Investigative Committee of the Russian Federation"; premiums on the results of the quarter and for the year; Other payments provided for by federal laws and other regulatory legal acts of the Russian Federation.
2. The monetary remuneration Chairman of the Investigative Committee is established by the President of the Russian Federation.
3. Official salaries Employees of the Investigative Committee are established by the Government of the Russian Federation on the submission of the Chairman of the Investigative Committee in a percentage of the official salary of the First Deputy Chairman of the Investigative Committee, which is 80 percent of the Chairman's official Supreme Court Russian Federation.
4. The surcharge for a special title is produced monthly and is established as a percentage of the official salary of the Investigative Committee in the following amount:
1) General of Justice of the Russian Federation - 30 percent;
2) Colonel-General of Justice - 27 percent;
3) Lieutenant-General of Justice - 25 percent;
4) Major General of Justice - 23 percent;
5) Colonel of Justice - 21 percent;
6) Lieutenant Colonel of Justice - 20 percent;
8) Captain of Justice - 18 percent;
9) Senior Justice Lieutenant - 17 percent;
10) Lieutenant of Justice -16 percent;
11) Junior Lieutenant Justice - 15 percent.
5. Supplement for long service is carried out monthly and is established as a percentage of the official salary and pay extra for the special title of employee of the Investigative Committee in the following amount:
1) from 2 to 5 years - 20 percent;
2) from 5 to 10 years - 35 percent;
3) from 10 to 15 years - 45 percent;
4) from 15 to 20 years - 55 percent;
5) Over 20 years - 70 percent.
6. In service, for the appointment of the surcharge specified in Part 5 of this article, also includes the period of military service, work in the bodies of the prosecutor's office, work as a judge service in the internal affairs bodies of the Russian Federation, in the control bodies of drug trafficking and psychotropic Substances in customs authorities in the position of the investigator.
7. A surcharge for the complexity, tension and high achievements in the service is established in accordance with the decision of the head of the investigative body or the establishment of the Investigative Committee, taking into account the work and results of the service of each employee of the Investigative Committee in the amount of up to 50 percent of the official salary.
8. Verbavas for the degree and scientist, the titles are paid to candidates of science or associate professors in the amount of 5 percent of the official salary (salary by position), doctors of sciences or professors - in the amount of 10 percent of the Oaklade (salary by position), for the honorary title "Honored Lawyer of the Russian Federation "- in the amount of 10 percent of the salary (salary by position).
9. The employee of the Investigative Committee, awarded the Big Sign "Honorary Employee of the Investigative Committee of the Russian Federation", the monthly allowance of 10 percent of the Oklade official (salary) and surcharges for the special title (salary for military rank) are paid.
10. Payment of premiums to employees of the Investigative Committee on the results of the quarter service and for the year is carried out in the manner prescribed for state civil servants of the executive bodies.
11. Employees that replace individual posts in the Investigation Committee may establish a monthly monetary cooperation.
12. Employees of the Investigative Committee may be subject to financial assistance in the manner determined by the Chairman of the Investigative Committee.
13. Pension provision of employees of the Investigative Committee and members of their families is carried out in relation to the conditions, standards and order, which are established by the legislation of the Russian Federation for those who served in the internal affairs bodies, and their family members.
14. The serving staff of the Investigative Committee, which has a service of at least 20 years and the right to the pension provision provided for by part 13 of this article, is paid a monthly allowance for monetary content in the amount of 50 percent of the pension, which could be appointed.
15. Employees of the Investigative Committee, which have the right to pension provision provided for in paragraph 13 of this article, is paid output benefit When dismissal:
1) due to retirement;
2) upon reaching the limit age in the service in the Investigative Committee;
3) for health;
4) in connection with the abolition (liquidation) of the investigative body of the Investigative Committee or the abolition (liquidation) of the Investigative Committee, the reduction in the number or staff of the Investigative Committee.
16. Employees of the Investigative Committee who are not entitled to pension provision provided for by part 13 of this article, the existence is paid in the event of their dismissal from service in the Investigative Committee on the Foundations provided for in paragraphs 2, 3 and 4 of Part 15 of this article.
17. Employees of the Investigative Committee, the exitual allowance is paid over full years of service in the following amount:
1) less than 10 calendar years - 5 official salaries with a surcharge for a special title;
2) from 10 to 15 calendar years - 10 official salaries with a surcharge for a special title;
3) from 15 to 20 calendar years - 15 official salary with a surcharge for a special title;
4) 20 or more calendar years - 20 official salaries with a surcharge for a special title.
18. Employees of the Investigative Committee, who re-entered the service to the Investigation Committee, when dismissed, the day off is paid with a testament for previously paid benefits calculated in official salary (salas by position) with a surcharge for a special title (with salary on military rank).
19. Employees of the Investigative Committee and federal state civil servants for official purposes are provided by travel documents for travel by all types of common transport (except for a taxi) of urban, suburban and local communication acquired by the investigative committee among the relevant transport organizations in the manner determined by the Government of the Russian Federation. The order of the train at the railway, sea, inland water and air transport staff of the investigative bodies of the Investigative Committee within the served sites in the performance of official duties is determined by the Government of the Russian Federation.
20. Employees of the Investigative Committee and federal state civil servants sent to official business trips enjoy the right of booking and receiving places in the extraordinary seats in hotels and acquiring travel documents for all types of transport.
21. In need of residential premises, taking into account the provisions of this article, employees of the Investigative Committee not provided by residential premises are recognized in accordance with the requirements and regulations established by the housing legislation of the Russian Federation.
22. Employees of the Investigative Committee recognized as in need of residential premises are provided in accordance with the norms established by the legislation of the Russian Federation in the manner determined by the Government of the Russian Federation, the individual residential premises acquired at the expense of the federal budget allocated for these objectives to the Investigative Committee.
23. Employees of the Investigative Committee are eligible for an additional total area of \u200b\u200bresidential premises of at least 20 square meters or in the form of a separate room.
24. Employees of the Investigative Committee have the right to compensate for the costs associated with hiring (sub-) residential premises, before providing them in the prescribed manner of residential premises for permanent residence, the amount of this compensation and its provision is established by the Government of the Russian Federation.
25. Children of the Investigative Committee's employees are provided with extraordinary places in pre-school educational institutions, boarding schools, summer health institutions.
26. Medical service (including providing drugs) Employees of the Investigative Committee and their families living with them are carried out at the expense of the federal budget.
27. Medical care to retire employees of the Investigative Committee and members of their families, as well as parents, spouses and juvenile children of the dead (deceased) employees are carried out in accordance with part 26 of this article in the medical institutions in which they were registered.
28. Employees of the Investigative Committee, who have the right to return to this Federal Law on the Day of Entry, relying on them in size and on the standards, which are established by the legislation of the Russian Federation for prosecutor's employeeshave the right to receive a specified pension in the preserved amount instead of a pension, which could be appointed by dismissal from the service in the Investigative Committee.
Article 36. Compulsory public personal insurance of employees of the Investigative Committee. The right to compensation for harm
1. Employees of the Investigative Committee are subject to compulsory public insurance at the expense of the federal budget.
2. Objects of compulsory state insurance are the life and health of employees from the date of service in the investigative bodies of the investigative committee on the day of dismissal from the service. The employee is considered insured if his death came after dismissal from service, but due to corporate damage or other harm in connection with the performance of official duties.
3. Insurers for compulsory state insurance (hereinafter - insurers) may be insurance organizations that have permits (licenses) to implement compulsory public insurance and who have entered into a compulsory state insurance contract with the investigative committee. Insurers are chosen in the manner prescribed by the legislation of the Russian Federation on the placement of orders for the supply of goods, the performance of work, the provision of services for state and municipal needs.
4. Insurers pay insurance amounts in case:
1) the death (death) of the employee, if it came due to corporate damage or other harm in connection with the performance of official duties, - the heirs of the employee of the investigative committee in the amount equal to the 180-fold size of its average monthly monetary content;
2) causing an employee in connection with the execution of official duties of injuries or other harm to health, excluding the opportunity to continue to engage professional activities- in the amount equal to the 36-fold size of its average monthly monetary content;
3) causing an employee in connection with the execution of official duties of injuries or other harm to health that did not affect the ability to deal with further professional activities - in the amount equal to the 12-fold size of its average monthly monetary content.
5. In case of causing an employee in connection with the execution of official duties of injuries or other harm to health, excluding the opportunity to continue to engage in professional activities, it is paid monthly compensation in the form of a difference between its average monthly monetary content and appointed in connection with this pension excluding the amount of payments obtained on compulsory public personal insurance.
6. In the event of the death (death) of an employee in connection with the performance of official duties, or in the event of the death of dismissed from service in the Investigative Committee of the employee, if it came due to the injury or other harm in connection with the performance of official duties, disabled family members This employee, who was dependent on his dependence, is paid monthly compensation in the form of a difference between the difference between the monetary content of the deceased (deceased) employee and the pension appointed by him on the occasion of the loss of the breadwinner without taking into account the amount of payments obtained on compulsory public insurance. To determine the specified part of the monetary content, the average monthly monetary content of the deceased (deceased) employee, minus the share of himself, is divided by the number of family members who were dependent, including able-bodied.
7. The burial of the employee who deceased (deceased) in connection with the execution of official duties, or fired from the employee who deceased due to corrupt injuries or other harm in connection with the performance of official duties is carried out at the expense of the federal budget allocated to the Investigative Committee.
8. The basis for refusing the payment of insurance amounts, compensation, the burial at the expense of the federal budget provided for in this article is the lack of communication (death) of the employee or causing bodily injuries with the execution of official duties established by the court.
9. With the right to receive insurance amounts and compensation at the expense of the federal budget for several reasons for persons with such a right, insurance amounts are paid and compensation is provided according to one of the grounds for their choice. In the same order, guarantees are provided on the burial of the employee who deceased (the deceased) in connection with the performance of official duties, or the employee who was deceased due to causing bodily injuries or other harm due to the performance of official duties.
10. Under the performance of official duties, for the purposes of this article, the performance of employee duties within its official authorityestablished by the legislation of the Russian Federation, orders, instructions and orders of relevant managers and the distribution of official duties. The employee is not considered to perform official duties during when he committed acts recognized in the manner prescribed by the court was socially dangerous or was in alcoholic, narcotic or toxic intoxication, or deliberately caused harm to his health or committed suicide.
11. The procedure for organizing compulsory state insurance of employees, paperwork and payment of insurance amounts and compensation, the burial of the dead (dead) staff is determined by the Chairman of the Investigative Committee.
Article 37. Measures of state protection of employees of the Investigative Committee
1. Employees of the Investigative Committee are under state defense.
2. The state protection of employees in cases of performance of official duties, the execution of which can be associated with encroachments on their safety, is carried out in accordance with the Federal Law of April 20, 1995 N 45-FZ "On the state protection of judges, law enforcement officials and regulatory authorities ", other regulatory legal acts of the Russian Federation. State protection measures can also be applied to close relatives of employees, and in exceptional cases also with respect to other persons, on life, health and property of which an encroachment is committed to prevent the legitimate activities of employees, or forced them to change its nature, or from revenge Specified activities.
3. The Investigative Committee has its own security and physical protection of employees of the Investigative Committee.
4. Employees are entitled to the constant wearing and storage intended for personal protection of combat manual small arms and special means, as well as to apply them in the manner prescribed by the legislation of the Russian Federation. Types and models of the specified weapon, the procedure for its acquisition by the Investigation Committee is established by the Government of the Russian Federation.
Chapter 4. Features of the organization and ensuring the activities of military investigative bodies of the Investigative Committee
Article 38. System of military investigative bodies of the Investigative Committee
1. The Military Investigation Bods of the Investigative Committee exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal law provides for military service.
2. Creation, reorganization and abolition of military investigative bodies of the Investigative Committee, the definition of their structure and states are carried out by the Chairman of the Investigative Committee within its competence.
3. In the military investigative bodies of the Investigative Committee, the Chairman of the Investigative Committee may be created by investigative offices and investigative sections.
4. In areas where, due to exceptional circumstances, other investigative bodies of the Investigative Committee are not operating, as well as outside the territory of the Russian Federation, where in accordance with international treaties there are troops of the Russian Federation, the implementation of functions on the execution of the legislation of the Russian Federation on criminal proceedings may be entrusted Chairman of the Investigative Committee for Military Investigative Bodies of the Investigative Committee.
Article 39. Frames of military investigative bodies of the Investigative Committee
1. The positions of employees of the military investigative bodies of the Investigative Committee are appointed citizens who are suitable for military service to military service who have a military rank of officer and meet the requirements established by Article 16 of this Federal Law.
2. By decision of the Chairman of the Investigative Committee or with his consent, civilians may be appointed by civilian investigative bodies of the Investigative Committee.
3. The officers of the military investigative bodies of the Investigative Committee have the status of military personnel, are serving in the Armed Forces of the Russian Federation, other troops, military formations and bodies in accordance with the Federal Law "On Military Duty and Military Service", have the rights established by the Federal Law "On Status servicemen "and this federal law. According to them, they are given legal guarantees and compensation on the basis provided for by this Federal Law or Federal Law "On the status of servicemen."
4. The definition of officers (the arrival of citizens into military service) to the military investigative bodies of the Investigative Committee and dismissal from military service are made on the submission of the Chairman of the Investigative Committee or Deputy Chairman of the Investigative Committee of the Russian Federation - the head of the Chief Military Investigation Department of the Investigative Committee.
5. Dismissal from the military service of senior officers undergoing service in the military investigative bodies of the Investigative Committee is made by the President of the Russian Federation on the submission of the Chairman of the Investigative Committee.
6. The posts of employees of the military investigative bodies of the Investigative Committee and the corresponding military ranks are included in the lists of military posts.
7. Assigning military ranks to employees of military investigative bodies of the Investigative Committee is made to submit the head of the relevant military investigative body of the Investigative Committee in the manner prescribed for servicemen. Military titles of the Supreme Officers are assigned by the President of the Russian Federation on the submission of the Chairman of the Investigative Committee.
8. The military ranks of officers of the military investigative bodies of the Investigative Committee comply with the special titles of employees of the Investigative Committee.
9. Officers of the military investigative bodies of the Investigative Committee (before Colonel of Justice inclusive), dismissed from military service and entered the Investigative Bodies of the Investigative Committee, the special titles appropriate to their military ranks. Employees of the Investigative Committee with special titles (up to the Colonel of Justice inclusive), when entering military service, the military ranks appropriate for these titles.
10. The certification of employees of the military investigative bodies of the Investigative Committee is carried out in the manner established by the Chairman of the Investigative Committee, taking into account the peculiarities of the military service.
11. Employees of military investigative bodies of the Investigative Committee, taking into account their professional experience and qualifications, qualifying classes are assigned in the manner prescribed by the Chairman of the Investigative Committee.
12. Employees of the military investigative bodies of the Investigative Committee are encouraged and carried disciplinary responsibility In accordance with this federal law and the disciplinary charter of the Armed Forces of the Russian Federation. The right to encourage employees of military investigative bodies of the Investigative Committee and applications to them disciplinary penalties have only managers of higher military investigative bodies of the Investigative Committee and Chairman of the Investigative Committee.
13. The number of military personnel and civilian personnel is allocated by the military investigative bodies of the Investigative Committee at the expense and in proportion to the number of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the Federal Law provides for military service. The number of military personnel and civilian personnel of military investigative bodies of the Investigative Committee is included in the staffing number of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the military service is provided by the Federal Law.
Article 40. Material and social security of military personnel of the Investigative Committee of the Investigative Committee
1. The legislation of the Russian Federation, establishing legal and social guarantees for military personnel, the procedure for their pension, medical and other support, is applied to the military investigative bodies of the Investigative Committee.
2. The monetary allowance of military personnel of the Investigative Committee consists of salary; salary on military rank; Saving allowed for years, for the special nature of the service (in the amount of 50 percent of the salary by position), the complexity, tension and special service mode, for the degree and scientist, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "Honorary Employee of the Investigative Committee of the Russian Federation "; Other premiums and payments provided for servicemen.
3. The salaries of the military personnel of the military investigative bodies of the Investigative Committee are established in accordance with Part 3 of Article 35 of this Federal Law. Payment of monetary content is made by the Ministry of Defense of the Russian Federation, other federal executive bodies, in which the Federal Law provides for military service.
4. A completeness of the complexity, tension and special mode of service is established by decision of the head of the military investigative body of the Investigative Committee, taking into account the work and results of the service of each soldier of the military investigative body of the Investigative Committee in the amount of up to 50 percent of the salary.
5. Military personnel of military investigative bodies of the Investigative Committee, who has the right to retire for long service, is paid monthly allowance for monetary content In the amount of 50 percent of the pension that could be appointed.
Article 41. Financial and logistical support of military investigative bodies of the Investigative Committee
1. Financial support of military investigative bodies of the Investigative Committee is carried out by the Ministry of Defense of the Russian Federation, other federal executive bodies, in which the Federal Law provides for military service, in accordance with budget legislation Russian Federation.
2. Material and technical support of military investigative bodies of the Investigative Committee, allocation of them office rooms, transport, communications and other types of security and contentment are carried out by the Ministry of Defense of the Russian Federation, other federal executive bodies in which the military service is provided for the Federal Law on established norms.
3. The protection of official premises of the military investigative bodies of the Investigative Committee is carried out by military units.
Chapter 5. Other issues of organization and activities of the investigative committee
Article 42. Statistical reporting
The Investigation Committee approves single order The formation and presentation of forms of federal statistical monitoring of investigative work, procedural control and consideration of reports of crimes in the investigative bodies of the Investigative Committee, and also sends statistical information to the relevant federal body that exercises state statistical accounting.
Article 43. Ensuring the activities of the Investigative Committee
1. Ensuring the activities of the Investigative Committee, including logistical technical, financial support, the creation of the necessary infrastructure, material and social security of persons undergoing public service In the Investigation Committee, provided for by this Federal Law, is the expenditure obligation of the Russian Federation.
2. Ensuring the investigative bodies and institutions of the Investigative Committee transport and technical means And the provision of employees of the Investigative Committee shaped clothing is carried out in a centralized manner of the Government of the Russian Federation.
3. The norms of ensuring the investigative bodies and institutions of the Investigative Committee of the main samples (systems, complexes) of weapons, forensic and special equipment, the cost of the energy resources and fuel and the procedure for weapons, acquisition, accounting, storage, issuing, repair and write-off samples (systems, Complexes) of weapons, forensic and special equipment, are established by the Chairman of the Investigative Committee.
4. The Investigative Committee may have a specialized housing Foundation, Food in accordance with the procedure established by the Government of the Russian Federation.
5. The establishments of the Investigative Committee operate without licensing (with the exception of educational) and privatization are not subject to.
Article 44. Prosecutor supervision
Supervision of the execution of laws by the investigative committee is carried out Prosecutor General The Russian Federation and the prosecutors subordinate to him in accordance with the powers granted by federal legislation.
Article 45. Transitional States
1. Employees of the Investigative Committee of the Russian Federation are allowed to carry the shaped clothing of the Prosecutor's employee of the Prosecutor's Office of the Russian Federation before providing uniforms of the investigative committee.
2. In the Investigation Committee, official certificates, forms, press and stamps of the Investigative Committee under the Prosecutor's Office of the Russian Federation are used to provide certificates, form, seals and stamps of the Investigative Committee.
3. Employees of the Investigative Committee before the establishment of allowances and payments in accordance with this Federal Law are preserved by their desire previously established surcharges, allowances, other payments, other social guarantees, as well as measures social and legal protectionprovided for in the legislation of the Russian Federation for prosecutor's employees of the Prosecutor's Office of the Russian Federation.
4. Leader years of employees of the Investigative Committee, calculated in the Prosecutor's Office of the Russian Federation, is counted in long service in the investigative committee of the Russian Federation.
5. From the day the entry into force of this Federal Law, employees of the Investigative Committee are considered consisting in special titles corresponding to the previously assigned to the classifieds of prosecutor's employees of the Investigative Committee under the Prosecutor's Office of the Russian Federation, according to the list of compliance of the special ranks of the employees of the Investigative Committee of the Russian Federation by the classrooms of prosecutor's employees of the Prosecutor's Office of the Russian Federation Federation and military titles without publication of additional acts on the assignment of special ranks.
6. Duration of stay in classic ranks Prosecutor's employees of the Investigative Committee under the Prosecutor's Office of the Russian Federation are counted when appropriating the following special ranks of the Investigative Committee of the Russian Federation.
7. Prosecutor's employees of the Investigative Committee at the Prosecutor's Office of the Russian Federation, who expressed the desire to enter the Investigation Committee of the Russian Federation, when they are dismissed from service in the bodies and institutions of the Prosecutor's Office of the Russian Federation, the day off is not paid. The right to receive a day off is preserved for the specified employees when they are dismissal from service in the investigative committee.
8. For employees of the Investigative Committee, periods and deadlines for the provision of basic and additional vacations, Estimated periods for calculating average earnings, benefits and compensations, calculated during their service in the Investigative Committee under the Prosecutor's Office of the Russian Federation.
9. Prior to the publication of the respective regulatory legal acts of the Government of the Russian Federation relating to the activities of the Investigative Committee, there are regulatory legal acts of the Government of the Russian Federation, regulating the activities of the Investigative Committee at the Prosecutor's Office of the Russian Federation.
Article 46. The procedure for entering into force of this Federal Law
1. This federal law enters into force on January 15, 2011, with the exception of Article 36 of this Federal Law.
President of the Russian Federation D. Medvedev
At the state level. On the basis of the legislation of the Russian Federation, it has powers in the field of proceedings, as well as other rights that are provided for by federal laws. A large number of tasks managed to solve thanks to the staff of this control. What does the Investigative Committee do, what goals and objectives are delivered to his employees? We will try to answer these questions in our article.
History of the creation of the committee
Since the time of Peter the First, the history of the investigative committee is underway. In 1713, the idea of \u200b\u200bcreating such a body would have helped prevent crimes and regulate orders in the state. Only after 4 years, this idea has embodied in life and the investigative office, who obeyed only the king appeared. The responsibilities of their employees came to eliminate the most beautiful crimes.
Until 1860, the Office did not have high status, the body acquired only 20 centuries in the 20s. At that distant time, new positions appeared in the country, and 5 years later, the SC was translated into the prosecution authorities. In the postwar times, the volume of disclosed cases very quickly grew, and, as a result, the number of posts also increased. In 1963, a new position was emerged - Minister of Protection of Procedure in Society. For long years, the structure of investigative committees was revised and changed. Stability appeared only a few years ago. What is the investigative committee of the Russian Federation, what goals are facing employees of this department?
The main tasks assigned to the investigative committee
The body was created in order to fulfill the main tasks:
- Promptly and efficiently investigate crimes in accordance with the established criminal and procedural laws RF.
- To ensure compliance with laws when taking the entire information about crime information, as well as to protect human rights and freedom.
- Control over the work of the investigative bodies and officials of the SC.
- One of the tasks of the Committee is to identify circumstances that help bring the investigation into criminal acts to the end and take all possible measures to eliminate them.
- In the framework of its authority, cooperation with other states in the field of legal proceedings.
- Develop all measures to implement policies in the state in the field of execution of criminal proceedings.
- Improve regulatory legal regulation in the established field of activity.
- Determine the procedure and submit reports on investigative activities.
- Organize activities that are aimed at protecting the rights of a citizen.
- Forced citizens not only to know, but to comply with and fulfill all the laws of our state.
- Permanent control over the work of subordinate employees.
What is the investigating committee and on what principles is the activities of this organization?
Principles of public authority
Investigative bodies and institutions that are part of the Investigative Committee adhere to the following principles in their work:
- The chapter over all the structures of the Investigative Committee is the Chairman of the Investigative Committee. It gives instructions to all the lower employees who should be strictly implemented. Next orders are adjusted to investigators.
- The investigative committee should be carried out independently of state authorities or local self-government regardless of their powers. And also can not affect the operation of the SK various public organizations and associations.
- It is necessary to do everything possible that the work of employees of the investigating authorities was carried out in one direction, but at the same time it should not violate the rights and freedom of man.
- All results of the work of the investigative committee must be reported to the federal state authorities.
But what cases do the investigative committee are engaged, what are the requirements for its employees? Consider this question further.
What are the investigative committee?
The Investigation Committee has the right to consider any case on crimes, which are provided for by the current legislation, were previously discussed in the prosecutor's office or in the SC. If you ask a question than the investigative committee of the Republic of Belarus, for example, you can list the same affairs:
- Murder.
- Rape.
- The intentional causing harm to the health of a person, which ended with a fatal outcome.
- Kidnapping.
- Criminal acts that are committed by persons with special legal statusThese include employees internal organs, judges, lawyers, deputies, officials.
- Tax crimes.
What questions are engaged in the Investigation Committee, it is known, but it is very important to solve them that employees work in this office certain set personal qualities.
Requirements for employees of the Committee
If a person decided to engage in investigative activities and work in the Investigative Committee, he must understand that special requirements are presented to each employee. Among professional and personal qualities can be noted as follows:
- Excellent knowledge of the legislative framework.
- Wide outgoing.
- Free ownership of a legal language.
- Responsible attitude to their work.
- Stress tolerance.
- The ability to work with information and allocate from it the main thing.
- Discipline.
- The ability to adjust contact with people.
- Politeness.
- Hardworking.
- Selfless dedication to its work.
But there is also something that the UK worker has no right:
- The employee cannot be included in the political association, to nominate his candidacy for a selection position and engage in public activities.
- Combine work in the SC with other activities.
- Contribute to the authorities in the state.
But what does the investigator of the Investigative Committee do, what powers are assigned to it?
Features of the work of the investigator in the SC
The main purpose of the investigator is a warning and rapid operational disclosure of the acts of criminals. The investigator can disclose a difficult crime on hot trails, and it happens that there are several months, and sometimes years of doing business without any hooks on it. 
The activities of the investigator are very dangerous, as they have to deal with maniacs, drug dealers and killers. Often threatened by the Committee's employee or members of his family, attempts and attempts to bribe.
The erroneous opinion is developing in those who believe that the work of the investigator is chase, shootouts or ambushes. He also has to revise a lot of information relevant to the case, write a large number of reports on the work done, plans, protocols, and this is a routine work that takes a lot of time and effort.
How to characterize a good employee of the CC, what does the investigative department of the investigative committee?
What qualities help in work
First of all, the employee of the Investigative Committee is demanding vigilance and attentiveness. He must see even the smallest details at the crime scene, which can later help to quickly uncover the case. He must have a well developed intuition. 
Currently, each employee of the investigative committee should be able to handle appliances and electronic devicesHelping work. Thanks to innovation, it has now become easier to expire bandits.
Very well, if the investigator is also a good psychologist who can recognize the prisoners, reservations and the hospitals of the criminal, whether the truth or lies say. Only the person who has excellent characteristics and legal education can get a vacancy.
What the investigative committee is engaged, it is clear, but now it is necessary to deal with what functional structures are subject to subordination from the SC.
Who obeys the Investigative Committee?
The central office of the Investigative Committee includes many structures, not only the main offices, but also secondary:
- Investigative management.
- Organizational and inspection management.
- Criminalist management.
- Management management.
- Investigation Department for Federal Districts.
- Management of procedural control over the investigation of particularly important cases in federal districts.
- Military Investigative Office.
The Investigation Committee has additional structures that help in solving secondary issues. Structures throughout the territory of Russia have a huge amount, each of them knows what the investigative committee is engaged and what tasks the president of the country has been posing.
Over the past year, many loud affairs have been revealed by employees of the investigative committee and other structures.
Loud cases disclosed by employees of the Investigative Committee
Every day there are many crimes on the territory of the country, many of them are small and disclosed immediately on hot trails. But there are also those who indignant the whole society and require a special approach to the investigation. What is the investigative committee of the Ministry of Internal Affairs? The answer is simple: the most resonant and tangled affairs. Recently, such crimes were disclosed:
You can list this list to infinity, since every day, employees of the Investigative Committee find new evidence and witnesses for the most confusing cases and are becoming a step closer to their disclosure.
Special dates and events
It is clear to everyone that what the investigative committee is engaged in the prosecutor's office is very important, therefore it is necessary to encourage such work. As a rule, employees of various industries receive well-deserved awards on their professional holidays. OK employees are also available, every year employees celebrating two main dates:
- July 25th. On this day, all distinguished staff of the investigative committee thank to the courage and awarded for their hard work.
- October 19. This is a professional holiday of employees of criminal police units.
But it is in its working days that the Employees of the Investigative Committee make important work.
Conclusion
Summing up and responding to the main question of many interested in the SC, it is possible to say exactly that the main task that is set in front of it is the disclosure of the most resonant crimes together with other law enforcement structures.
For all the time of work, the staff of this structure revised many old undisclosed affairs and were able to bring them to a logical completion.
Federal state budgetary educational institution
Higher professional education
"Ural State Legal Academy"
("Urgua")
Department of Criminalistics
Approve
Head of the Department
Criminalistics Urgua
A.A. Belyakov
"..." ............... .2011
Training and metodology complex
On special curses
"Organization of investigative activities"
specialty 030501.65 Jurisprudence
Yekaterinburg
Organization of investigative activities. Educational and Methodological complex in the specialty 030501.65 Jurisprudence. - Ekaterinburg: Ural State Law Academy, 2010.-52 p.
Compilers:
Drakkin L. I.- Doctor of Law, Professor (collective head)
Zlochenko Ya. M.- Candidate of Law, Associate Professor
Morozova E. V.- Candidate of Law, Associate Professor
Sevenv V.V. - Art. teacher
Shishkin E. V. - Candidate of Law, Associate Professor
Reviewers:
Sorokotyagin I. N.- Doctor of Legal Sciences, Professor
Balakshin V. S.- Doctor of Legal Sciences, Professor
Discussed at the meeting of the Department of Criminalistics of Urgua (Protocol No. ____ from _____________)
Thematic plan of the special course "Organization of investigative activities"
| No. p / p | Subject: | Lectures | Seminar (practical) classes | TOTAL | Independent work |
| 1. | Introduction General provisions of the theory of the organization of investigative activities. | 2 h | _ | 2 h | 2 h |
| 2. | Organizational system of investigative activities. Basic provisions. Features of organizational investigation structures | 2 h | 2 h | 4 h | 2 h |
| 3. | Management of investigative activities. | 2 h | 2 h | 4 h | 2 h |
| 4. | Interaction of the investigator with other participants in the investigation process, representatives of the media and the public | 3 h | 2 h | 5 h | 2 h |
| 5. | Planning the investigation of crimes | 4 h | 3 h | 8 h | 2 h |
| 6. | Organization of the work of the investigator for suspended cases | 3 h | 3 h | 5 h | 2 h |
| Total | 16 h | 12 h | 28 h | 12 h |
Section I. Working programm on special curses
Organization of investigative activities. "
1. Introduction
The educational and methodological complex "Organization of Investigative Activities" determines the content and structure of special course in the specialty 030501.65-jurisprudence and is intended for training students of the Ural State Law Academy.
This discipline, along with other special courses, is intended to complete the professional training of the future investigator specialist, which is able to successfully adapt to the activities of the investigator after graduating from the university and independently fulfill its complex professional duties.
The purpose of studying the special course by students is to acquire theoretical knowledge and primary practical skills on the organization of investigative activities. To achieve this goal, the following tasks are set to teachers:
Teach students comprehensively used in practice the entire system of legal knowledge, including knowledge of special disciplines;
To form the initial skills of the organization, management and planning process of investigation of crimes, as well as the skills of creating a system of interaction;
To form an integrated idea of \u200b\u200bthe organization and planning in the process of investigating criminal cases as structural elements of the general organizational system preliminary investigation;
"Organization", "Management", "Interaction", "Planning", "Direct and Reverse Form Communication", "Management System", "Managing and Managed System", "Plan", "Plan tabular", "Plan-chess" , "Forms and types of interaction in criminal matters", etc.;
Develop the skills of criminalistic thinking and evaluating investigative situations for the adoption of organizational, managerial, planned and other solutions;
Effectively implement organizational, managerial, planned solutions, as well as solutions to interact in investigators with other subjects of the investigation process.
Materials of special courses are studied at lectures, seminars and practical classes, as well as in the process of independent work of students.
Topic 1. General provisions of the organization of investigative activities.
Historical aspects of the theory of the organization of investigative activities. The content of the organization of investigative activities. Organization, management, interaction and planning of investigative activities - structural parts (sections) general Theory Organization of investigative activities. Inspection links of these structural parts of the theory under consideration.
Organizational situations of the investigation process, ordered and disordered organizational and managerial situations. The main factors affecting the unfavorable (negative) development of organizational situations:
Erroneous selection of the organizational structure of the investigation;
Accepting incorrect management decisions;
Fuzzy execution of teams by performers;
Violation of direct and return managerial bonds;
Disadvantages in the system of interaction of investigators with the bodies of inquiry and other investigative entities;
Lack of or disadvantages in planning a preliminary investigation.
The main directions of permission (elimination) of unordered organizational and managerial situations: optimization of the organizational structures of the investigation process, the creation of effective management structures and the interaction systems of the participants in the investigation, elimination of errors in planning a preliminary investigation, creating a clear planning system at all levels.
Topic 2. Organizational system of investigative activities. Basic provisions. Features of the organizational structure of the investigation.
The main organizational difficulties of investigative activities:
A large number of crime episodes;
A large number of suspected and accused;
A significant number of sources (carriers) of information: witnesses, victims, physical evidence, documents;
The complexity of procedural, operational search, expert and other actions and events;
Erroneous selection of the organizational structure of the preliminary investigation (procedural and non-comprehensive organizational form of the investigation);
Significant amount of preventive work;
Organizational troubleshooting difficulties investigative activities investigator.
The main types of organizational structures
Scheme 1.
1) Linear Structure 4) Multi-Communicable Structure
3) multi-connected structure 5) cellular structure
 |
|||
 |
|||
 |
|||
6) Hierarchical Structure 7) Star Structure
The hierarchical organizational form is the dominant and most effective structure of the investigation of complex crimes carried out by the investigative groups (SG) and the investigative-operational groups (SOC).
Linear form is the most common and quite sufficient organizational structure of investigating crimes in relatively simple investigative situations carried out under the sole form of preliminary investigation.
Scheme 2.
Multi-level organizational The structure of the investigative group (hierarchical type) in accordance with Part 2 of Art. 163 Code of Criminal Procedure.
the following is the operational procedure and registering procedure
katel employee vitel vitel employee vitel vitel employee vitel
It should be noted that experts, specialists, media representatives and the public are not part of the investigative group. Therefore, information and procedural relations with them relate to the functions of the head of the investigative group, leaders of subgroups, investigators and operational workers in connection with the need to give conclusions by experts and specialists, upon receipt of consultations or to exchange information with media and public representatives.
Scheme 3.
Single-level organizational The structure of a linear type with the sole investigation of crimes.
employee Specialist, media and public representatives
The organizational structure is the original base, the initial item of any investigation of criminal cases, the function of which is the optimal formation and distribution of cash and additional resources. Static Static Organizational Structures "are powered by" management decisions.
Topic 3. Management of investigative activities.
The concept of the management of investigative activities. The role of management in optimizing the preliminary investigation process. Contact management with the organization and tactics of the investigation. Structural elements of the crime investigation management process. The system and the management structure of the preliminary investigation.
Control system.
Direct links (command).
Reverse (informative) communications.
Tactical impact on counteractive subjects of criminal activity (investigative actions, tactical combinations and operations, operational-search operations, etc.).
5) OHG-1, 2, 3, 4- organizational criminal groups included in the criminal community (criminal organization).
Personnel composition of managing and managed subsystems. Direct and feedback in the management system, their role and ratio in investigative activities. The relationship of management and tactical actions. Features of the management activities of the investigator (head of the investigation group) at various stages of the investigation.
Management connections in investigative groups (intragroup links) are also differentiated to direct (command) and reverse (informative). Due to the implementation of these links, both static structures (schemes 2 and 3) acquire dynamic nature, thereby transforming into managerials from strictly organizational.
Scheme 5.
(Multi-level management The structure of the investigative group
hierarchical type)
Head of the Investigative Group
Head of subgroup Head of subgroup Head of subgroup
following the operational follow-by-operatives, following the operatives-
katel employee vitel vitel vitel vitel
employee employee
2) reverse (informative)
3) Information Bilateral Communication
Scheme 6.
(Single level management Linear type structure with sole investigation form)
operational investigator expert,
employee specialist,
representative of the Media
and the public
Note: Direct (Command Command)
Reverse (informative)
(In managerial multi-level structures (scheme 5) between single-level entities of the investigation process by managers of subgroups, except for direct and reverse communication forms, special informational form of communication. At the same time, there is no direct command, and therefore the confusting form of communication between the subjects of the investigation process not to each other in the relationship of administrative or procedural subordination).
Topic 4. Interaction of the investigator with other participants in the investigation process, representatives of the media and the public.
The concept of interaction. The role of interaction in the investigation of crimes. Principles of interaction between investigators and inquiry. Guiding role of the investigator in the process of interaction. Procedural forms of interaction, in accordance with Part 4 of Art. 38 Code of Criminal Procedure:
Written instructions to the Inquiry Body on the conduct of operational search events;
Production of individual investigative actions by an inquiry authority on written instructions of the investigator;
Carrying out on the task of the investigator of detention, drives and arrests, the production of other procedural actions;
Promoting the investigator in the production of investigative and other procedural actions;
In accordance with Part 2 of Art. 210 Code of Criminal Procedure In order to order the investigator, the inquiry authority is carried out by the search for suspected suspects and the accused;
In accordance with Art. 7 and 11 of the Federal Law "On Operational Festival Activities", inquiry authorities carry out operational-search activities aimed at identifying and disclosing crimes under criminal cases in the manufacture of the investigator.
In accordance with Art. 453 of the Code of Criminal Procedure at the requests of investigators sent through the Ministry of Internal Affairs of the Russian Federation or the Prosecutor General of the Russian Federation is interacted at the international level, within which the competent authorities of foreign countries conduct separate procedural actions.
In accordance with the Charter of Interpol and the Model Regulations of the National Central Office of Interpol (NCB), the investigative authorities send requests to the competent authorities of foreign states on the implementation of procedural actions and operational-investigative activities, and also receive data on international crimes and criminals.
The necrossal form of interaction is the cooperation of investigators and operational staff, carried out in the framework of the investigative-operational groups (SOC), especially in the production of inspection of the scene and detention of suspects. Usually the SHA is created during duty and sudden trips to the place of crime.
Features of the interaction of subjects of the investigation:
With the sole investigation of crimes;
As part of the production of the tactical combination;
In the production of investigation by one or more (complexes) tactical operations.
Features of the interaction of the investigator with experts and specialists. Guiding role of the investigator in the process of interaction.
The interaction of the investigator with representatives of the media and the public. Forms and methods of this interaction. Confidentiality of information exchange and compliance with secrecy.
Topic 5. Planning a preliminary investigation.
The concept of planning the investigation of crimes. The definition of paths, methods, means, forces and terms to achieve the intended goals of the planning process. The investigation plan is a prospective model of the upcoming actions and events, the result of the planning process. Investigation plan as a system of information, organizational, procedural, managerial and tactical solutions.
Investigation planning principles: individuality, dynamism, concreteness, reality, systemicity.
Stages of the planning process. Elements of the investigation plan. Situational character planning. Mental and written investigation plans. Planning levels.
Types of investigation plans. Tabular (main) criminal investigation plan. Additions to the main (tabular) plan: "Facial accounts", schemes, graphics. Chess Vedomosti (Chessings "). Plans for the production of individual investigative actions. Planning features at certain stages of the investigation. The specifics of planning and compiling investigation plans in the investigative group. The preparation of joint investigative-operational plans is the result of agreed planning. Calendar (summed) planning. Features of the planning process and compilation of plans for certain categories of affairs. Network planning.
Technique planning
1. The main (tabular) investigation plan in the criminal case
Investigation plan
In criminal case number .... On charges .......... under art. Criminal Code.
Brief plot of criminal case ................................................
Section 1
Section number 2.
(Plan for each of the extended versions or a separate episode of the case - the name of the version or episode)
Note:
1. The main difference of 1 and 2 partitions of the plan consists in the various content of the first vertical columns.
2. In cases of compilation, in addition to the main (tabular) plan in the criminal case of plans for individual investigative actions, vertical columns (No. 3) of both sections of the plan are reduced (eliminated).
2 Chess Liberties ("Chess")
| Participants in the crime | Short description and date of the episodes of the crime | ||||
| № 1 | № 2 | № 3 | № 4 | № 5 | |
| 1. F. I. O. Accused (suspected) and other data | + | + | + | ||
| 2. F. I. O. Accused (suspected) and other data | + | + | + | ||
| 3. F. I. O. Accused (suspected) and other data | + | + | + | + | + |
Notes: The "+" icon means that the suspect (accused) participated in this episode of criminal activity.
3. Processing plan for interrogation (separate investigative action)
4. Calendar (consolidated) plan (criminal cases in the manufacture of the investigator)
Topic 6. Organizational work of the investigator for suspended cases.
1. The concept of suspension of preliminary investigation. Base of suspension. Suspension of the preliminary investigation in the situation of unidentification of the perpetrators (paragraph 1 of Part 1 of Art. 208 of the Code of Criminal Procedure.) Suspension of the preliminary investigation in the situation of unidentification of the location of the suspect (paragraph 2, part 1 of Art. 208 of the Code of Criminal Procedure of the Russian Federation).
The concept of the search activity of the investigator. The concept of the search activity of the investigator. Procedural prohibition of the production of investigative actions after suspension of the preliminary investigation (part 3 of Article 209 of the Code of Criminal Procedure).
The effect of the investigator after suspension of the preliminary investigation (part 1 and part 2 of Article 209 of the Code of Criminal Procedure).
2. Features of the emergence of problem situations in various categories of criminal cases. The main directions of organizational and search work on suspended criminal proceedings.
Features of the investigator of organizational work on suspended criminal proceedings in connection with the non-establishment of guilty persons (paragraph 1 of Part 1 of Article 208 of the Code of Criminal Procedure):
Organization of bilateral cooperation with the bodies of inquiry, media, representatives of state bodies and the public;
Requests for information centers and expert criminalistic services of the Ministry of Internal Affairs of the Russian Federation on providing the necessary additional information;
Use of media (media) to enhance the public in establishing the perpetrators and other assistance in the disclosure of crimes;
The direction of written instructions to the inquiry bodies on the production of operational search activities, other search operations of a vowel and a tightness to identify the perpetrators and the establishment of other unknown circumstances in the criminal case;
Acquaintance with the inquiry authorities in the inquiry of operational data on a suspended criminal case, in the form of an acceptable secretion (drawing up certificates, memorandums and other documents);
The extension by the investigator and operational employees of the bodies of the joint versions aimed at establishing the perpetrators
other circumstances under the suspended case:
Drawing up agreed plans for the production of operational and search, search and other actions;
Control over the performance of written instructions and the agreed plan for disclosure of the crime.
After the additional data received from all sources of information, a comprehensive analysis of the entire set of information, the investigator decides on the resumption of the preliminary investigation and proceeds to the disclosure of the criminal case.
3. The emergence of a comprehensive problem - conflict situation in a criminal case and suspension of production due to the unquesting location of the suspect, the accused (paragraph 2 of Part 1 of Article 208 of the Code of Criminal Procedure of the Russian Federation)
The effect of the investigator on the search for hiding perpetrators, after suspension of the preliminary investigation:
Reaching a separate decision on the search for the suspect, the accused or the investigator indicates the search in the resolution on the suspension of the preliminary investigation (Part 1 and Part 3 of Article 210 of the Code of Criminal Code of the Russian Federation)
The search for the suspect, the accused can be declared both during the production of preliminary investigation and at the time of its suspension (part 2 of Article 220 of the Code of Criminal Procedure)
Types of search of suspected accused:
Local search, carried out on the territory of the subject of the Federation;
All-Russian wanted list (federal) is carried out in the territory of the Russian Federation;
International wanted list is carried out through Interpol, Europol, bilateral and multilateral agreements.
In accordance with Part 4 of Art. 38 Code of Criminal Procedure The investigator specifies the decision made by the decision on the search for the perpetrators, with the goal of:
1. Establishing related, criminal, service, intimate, friendly and other connections of hiding suspects accused to establish the places of possible hide (location) of criminals.
2. The set of operational-search activities aimed at the unlawful development of persons related to those who are hosted by suspects accused of obtaining information about the location of the guilty persons and their future plans.
3. After receiving the necessary data on the place of stay of the wanted, the investigator gives instructions to the bodies of the inquiry to delay the suspect or resumes the proceedings, develops a comprehensive tactical operation together with the inquiry authorities - "Detention of the hiding suspect accused."
In accordance with CT.4 Article 22 of the Code of Criminal Procedure, the corresponding preventive measure may be elected to the wanted accused, provided for by Art. 97 Code of Criminal Procedure
Section I. Seminar (practical) classes on special courses "Organization of investigative activities"
Topics:
1. Organization of investigative activities. The main provisions, features of the organizational structure of the investigation (2 hours).
2. Management of investigative activities (2 hours).
3. Interaction of the investigator with other participants in the investigation process (2 hours).
4. Planning a preliminary investigation (4 hours).
5. Organization of the work of the investigator for suspended cases (2 hours).
Subject lesson:
"Organizational system of investigative activities: the main provisions, features of the organizational structure of the investigation" (2 hours)
In the duty of the Department of Internal Affairs of Yekaterinburg by phone received a message Novoselova A.V. The fact that theft occurred in his apartment.
As a result of the inspection of the scene, the entrance door and locks without damage. In the hallway on the floor on the linoleum, a clearly distinguishable trail of shoes with a length of 28 cm is detected.
When checking the information found that Novoselov A.V. Lives with his wife Svetlana and Son Igor, 19 years old. On the day of theft of Novoselov A.V. And his spouse went to work about 8 hours. The son remained at home and went to study at 10 h. In the steal, they do not suspect anyone.
On the same day, the head of the investigative department of the Department of Internal Affairs of the city instructed the investigator Medvedev L.S. Solve the issue of initiating a criminal case and accepting it to production.
In the course of the survey it was found that the neighbor McLakova I.N. About 11 h near the entrance seen two guys aged about 20 years. They had three bags in their hands, which they were immersed in the trunk of an awesome VAZ 2110 car, the last digits of the number "00" and left.
From the apartment stolen: audio and video equipment, laptop, mink fur coat, leather jacket, white gold earrings, cell phone Samsung brand, 8 CDs.
Questions:
1. What are the features of the organization of verification of this information?
2. Expand the features of organizing the work of the investigator at the initial stage of the investigation.
3. What institution is the investigator for this criminal case chose?
In the duty part of the Internal Affairs Directorate of Yekaterinburg, Korpov A.V., who said that he had three gold rings from his room, one of which was with a diamond stone. Corpov lives one in one of the rooms of the communal apartment. On the eve of Corpov invited to visit Slonikov A.V. and Gaisina K.P. Rings lay in Chiffonier on the shelf. Gaysin and Corpov were engaged in the repair of the door of the Chiffiraera, then threesome in the room saw beer. The next day, Corpov found that the rings were disappeared.
Corpov's statement was transferred to verify the operational employee of the criminal investigation department. As a result of the operational-search activities, it was possible to establish that Slonikova A.V. Sell \u200b\u200ba ring with a diamond of his friend Sitnikova M.N. for 11.000 rubles. The actual price of this rings is 18,000 rubles. Having established this circumstance, Opera Compact Koreystelev P.N. Transferred the test materials to the head of the inquiry authority.
The task:
1. Make a decree of the investigator, Captain Justice Vlasova S.M. On the initiation of a criminal case and on accepting it to its production.
2. Make a written order by the investigator Vlasova S.M. The inquiry authority, in accordance with paragraph 4 of Part 2 of Art. 38 Code of Criminal Procedure.
At 00 o'clock 10 min on the side of the road near the online bus stop "Onufriev" in Yekaterinburg, a corpse of an unknown man was discovered with signs of motor transport injury. Information about the incident reported an unknown "ambulance". Upon arrival, doctors stated the death of the victim.
The investigative-operative group, who left the traces of the vehicle and traces of the victim along the road, found in the scene.
Questions:
1. What bodies (services) should the investigator at the initial investigation stage should contact?
2. What organizational forms of the investigation should elect the investigator?
3. What examinations should the investigator under this criminal case be appointed?
The task:
1. Make a decree on the appointment of a comprehensive forensic and roadless examination.
At 9 o'clock. 00 min. on ul. Malysheva in Yekaterinburg Lapshina O.V. stopped the car VAZ 21099 in order to get to ul. Selkorovskaya. At one of the intersections, the driver of the car hit a pedestrian - an unknown man who crossed the road to a green traffic light signal. The driver threw the car and disappeared from the scene.
Lapshin ON car located in the cabin He hit his head about the front right rack and was delivered to the hospital in an unconscious state.
The investigative-operational group, who left for the scene, found traces of the vehicle, during the inspection of the car on the steering wheel, two traces of papillary patterns were revealed. The driver of the car reported that the car had been hijacked for 3 days ago, which he immediately reported to the traffic police. The statement of the owner of the car during verification was confirmed.
Questions:
2. What types of expertise need to spend and what questions do you need to put experts?
The task:
1. To make a decree on the appointment of a dactyloscopic examination.
2. What are the organizational actions of the investigator after receiving the conclusion of an expert about the belonging of traces of finger hands to a citizen of Synnik K.I. Make up the plan of these actions.
June 12 at 16 o'clock. 15 minutes. on ul. Kraul, near the house 69, car VAZ 2106 was shot down Morgunov A.P.
A pedestrian hit occurred under the following circumstances. During heavy rain, waiting for tram, Morgunov A.P. He hid under a canopy of the building, located opposite the tram stop.
Seeing waiting for the tram, he ran through the roadway and was shot down by a car. From the injuries of Morgunov A.P. died. His corpse was discovered 16 meters from the place of departure.
The investigator in this case conducted an investigative experiment.
Questions:
1. Expand the features of organizing the work of the investigator at the initial stage of investigating a concrete criminal case.
2. Determine the purpose of the investigative experiment.
The task:
1. Make an organizational plan for the production of the investigative experiment.
In September 1998, Polyvsev M., 12 years old, in paragraphs-Neuvinsky disappeared. In May 2000, 500 m. From the gas pipeline on the Road of Serov-Ekaterinburg, the burnt fragments of bones and hair belonging to a person were found on the scene of the fireside. 22 meters from the firepasses in the bushes were found for the Diary of Machine Polyvetseva and children's shoes.
Questions:
1. What is the organizational form of the investigation to elect the investigator?
2. What materials should the investigator be requested to join them to the criminal case materials?
The task:
1. Make a decree of the investigator, a lawyer 1 class Rogova I.L. On the creation of the investigative group, including 2 investigators of the Investigative Committee and the 3rd employees of the criminal investigation department of the Central Internal Affairs Directorate.
At about 6 am on August 30, 2010, in the historical square of Yekaterinburg near the garbage container, a corpse of an unknown woman aged about 30 years old with multiple hematomas and abrasions on her face and body was found. The corpse lay on his back, arms and legs stretched, the victim skirt was lying on the ground in 2 meters from the corpse.
Questions:
1. What is the organizational form of preliminary investigation of the most optimal in the first stage of the investigation?
2. What is the organizational form of interaction with the inquiries, experts and specialists should the investigator be elected at the beginning of the investigation?
The task:
1. Make a list of organizational measures to establish the personality of the criminal.
2. Make a decree on the production of fingertipopic examination of the fingers of the victims and the establishment of its identity on the forensic accounts of the GUVD information center.
From 1999 to 2003 In the Sverdlovsk region (Nevyansk, Novouralsk, n. Bimka, p. Vicim, etc.) serial murders, conjugate with rape. On suspicion of their commit, Petrov was detained, who confessed to the commission of crimes. In connection with the complexity of the criminal case and the large volume of the upcoming work, the decision of the head of the investigative body was created the investigative group.
Question:
1. Expand the features of the organizational work of the head of the investigative group and the responsibility of its other members.
2. What specialists should be attracted to the investigation of serial killings and in which organizational forms should it be implemented?
The task:
1. Make a decree on the production of preliminary investigation in this case by the investigative group in accordance with Part 2, Art. 163 Code of Criminal Procedure.
Exercise 1.
Stage 1.On August 15, the duty part of the ATS from the Storam of the collective garden received a message that a widespread car VAZ 21099 brand was found on a wide river near the garden.
Question:
1. What organizational events should hold an investigator and employees oWD organs In order to obtain additional information?
The task:
1. Make up procedural documentsIn which the organizational actions of the investigator should be reflected.
Stage 2.When viewing the vehicle in the cabin on the front left seat and in the trunk, spots of brown color, similar to blood trails, were detected. In the wanted, the car does not mean. From the trunk of the car for 35 meters to the shore of the forest lake, a distinct trailer of drawing is visible.
Questions:
1. Describe the situation.
2. Put the versions in the criminal case.
The task:
1. Make a plan for organizational and search engines in the case.
2. To make a decree on production forensic examinationsnecessary in this case.
Exercise 2.
Stage 1.When investigating a criminal case about rape 19-year-old Nikolaeva N. established that the crime was committed on September 5, not far from the forest road, leading from the store on Art. Kosmakovo.
During the inspection of the scene, an unsuitable motorcycle trail is detected. The direction of the track on the Punferm "Sunrise", after 30 meters the trail was lost. Nikolaev gave a description of the criminal (exemplary growth, age and complex), and also reported a tattoo in the form of a perverse on the nameless finger of his right hand. As a result of a survey of several local residents, the pensioner found out that in the village they saw similar to the description of an unfamiliar man, who several times bought vodka in the station store, and then left towards the Sunrise pig farm.
Questions:
1. Expand the features of organizing the work of the investigator at the initial stage of the investigation.
2. Give the definition of a tactical operation.
3. What tactical operation must be carried out at the initial stage of the investigation (the maintenance of the operation, the goal, the composition of the participants)?
Stage 2.In the investigation, it was established that in August in the same place the unknown twice attacked girls, one of whom raped. Installed, also, the fact of the attempt to rape at the beginning of the summer of another girl. It turned out that the parents of the victims did not report the police, not wanting publicity. After appealing to the population, 2 residents reported that mushrooms were collected at the end of September and met an unfamiliar man similar to the signs on the criminal. He had a hunting rifle with him. The man said that the local, works in the forestry, but he did not know from the conversation of the names of nearby villages. On the head of this man, they saw a motorcycle helmet. Motorcycle they have not seen.
Questions:
1. What information should be used as an initial to develop a tactical operation?
2. Determine the composition of the participants of the Tactical Operation "Pedophile" and their responsibilities.
The task:
1. Make a plan for the tactical operation of Pedophile, to establish the identity of the detained rapist and the production of initial investigative actions and operational search activities.
The subject of classes: "Investigative management" - 2 hours.
Exercises:
Stage 1.
The Prosecutor's Office of the region received a letter of criminal activities of owners and the management of Vlad-Luxe Bank, during the 3 years engaged in deception of depositors, promising them an increase in interest on deposits during the year. A year later, when the time of the first payments came, the management of the bank under various pretexts was delayed not only to pay interest, but also issuing deposits. The financial and banking audit conducted at the request of the prosecutor's office established that the assets of the Bank are actually absent, and the cash in the amount of more than 2 billion rubles were transferred to various banks of Germany, Switzerland and the UK to the accounts of the owners of Vlad-Luxe - Samoilova V.P., Her husband Samoilova S.N. and manager of the Central Branch of the Bank - Kisina V.F. In addition, it was established that part of the bank's money was spent on the purchase for the son and the daughter of self-luxury two luxurious cottages on the Mediterranean coast of Spain. For 15 months of his criminal activity, fraudsters deceived over 30,000 depositors in the amount of more than 2,000,000,000 rubles.
July 25, the investigator on particularly important cases, senior adviser to Justice Konev A.S. Outputed a criminal case against owners of the Commercial Bank "Vlad-Luxe" under Part 4 of Article 159 of the Criminal Code of the Russian Federation (fraud committed by the organized group or in particularly large amounts) and accepted it to its production.
Due to the increased complexity of the preliminary investigation and a large amount of work related to the need for the production of procedural actions and operational-search activities in the territory of foreign countries, the head of the Investigative Committee - the senior adviser to Justice Konev A.S. Decision issued on the production of preliminary investigation by the investigative group, which included investigators Potapov N.S., Ipatov S.M., Sidorov N.I., Varlamov K.A. In coordination with the head of the regional GUVD, the investigative group was brought to the operation of the investigative group, police officers A.E., Sevastyanov M.P., Nikolaev E.E. and Moskalev G.T. The head of the investigative group appointed a senior investigator on particularly important cases Konev A.S.
Questions:
1. What is the complexity of the organizational structure created to investigate the criminal case on charges of owners and the leadership of the commercial bank "Vlad-Lux"? What management links will allow this organizational structure the necessary dynamics and efficiency?
2. Allow the definition of reverse and direct communication forms, their role and value.
3. Word the definition of the information form of communication. What is its role and meaning?
4. What institutional management structure would you choose to consider this criminal case?
5. What are the seizure measures to choose for three main suspects?
Tasks:
1. Make a resolution in accordance with Part 2 of Art. 163 Code of Criminal Procedure on the creation of the investigative group.
2. Make a scheme of management bonds of hierarchical type in the investigative group, headed by the investigator on particularly important cases Konyev A.S.
Stage 2.
Investigator for especially important cases Konev A.S. Determined for the investigative group the following organizational structure:
Note:
2. Feedback (informative) and information communication.
3. Information communications
At the initial stage of the investigation, the elected organizational and management form of the investigation corresponded to the investigative situation in the case. However, at the subsequent stage of the investigation in connection with the need for the production of investigative actions outside the Russian Federation, there was a need to establish bilateral information connections With Interpole and law enforcement agencies in Germany, Great Britain, Switzerland and Spain.
In connection with the emergence of a new situation, the head of the investigative group Konev A.S. He sent a request to law enforcement agencies of foreign countries to establish the location of the Son and the daughter of self-loving spouses (in custody) and recorded real estate purchased to the bank abducted from investors.
During the investigation, it was found that the active role in the embezzlement of cash depositors belongs to the deputy Samoilova V.P. Khodchenkov N.P., which moved to an illegal position and on operational data is hidden abroad.
In relation to the spouses of self-sized, Kisin and Hodchenkova as a preventive measure, an imprisonment is elected. Due to the fact that Hodchenkov is hidden from the investigation, in Interpol a request was sent to establishing the place of its location.
Questions:
1. What is the procedure for sending a request to the competent authorities of a foreign state and in Interpol?
2. What is the form and content of these requests?
3. Determine the form of management relations between law enforcement agencies of the Russian Federation and perform their requests by the competent authorities of foreign states? What are the features of these relationships?
The task:
1. Make a request of the investigator for especially important cases, senior adviser to Justice Koneva A.S. The competent authorities of Spain on establishing the location of Samoilov Gennady Stepanovich and Monday Angelina Stepanovna (son and daughters of Samoilovoy), as well as the locations of the property belonging to them (cottages, houses, apartments, cars, yachts, etc.).
2. Make a list of documents required to justify the request to the National Bureau of Interpol on the search by the investigation of Khodchenkova Nikolai Pavlovich.
A task.
Investigating the criminal case on the robbery attack on the spouses of the wolves and the abduction of the car "Mercedes" by the investigator on particularly important cases, Major Justice Leontiev A.E. It was established that the head of an organized criminal group (OHG) is earlier twice convicted Filimonov Stepan Mikhailovich, named "Phil". The arrested members of His ODG Sidorenko and Pestov showed at interrogations that Filimonov hides at her mistress named Svetlana, which works as head of the department in some store. Other data about it, both suspects do not know.
Given the need for operational search activities by the investigator Leontiev AE. He sent a written order to the head of the city's office of internal affairs on conducting search activities to establish the place of arrival of Filimonov S.M. And his subsequent detention and head of the regional management of the traffic police on the search for the Mercedes car, the state number H 365 MJ. The leaders of the named bodies of the inquiry instructed the fulfillment of written instructions to the senior operational urban focus of the criminal investigation department Captain Voronin (on the search of Filimonov) and the senior operational search department of the regional traffic police department, Captain Solovyov (on the abducted car).
Performing tasks received from the investigator, both operational employees constantly informed him about the operational-search activities conducted by them and received additional orders from it. 5 days later, Filimonov was detained at the dacha lover Svetlana, and a stole car was discovered for two days later.
Question:
1. What form of management of the investigation process was elected by the investigator on particularly important cases Leontiev AE?
2. Justify the choice of Leontiev this form of management.
The task:
1. Instruct the management scheme of the investigation process chosen by the investigator Leontiev A.E.
Bibliography
1. Drakkin L.Ya. "Fundamentals of the theory of investigators", Sverdlovsk, 1987 (p. 143-157);
3. Drakkin L.Ya., Kokurin G.A. "Organizational and tactical foundations of search activities in the investigation of crimes", Ekaterinburg, 2007;
4. Drapkin L.Ya., Ivanov N.G., Vorontsova V.V. "Organizational and tactical foundations of search operations in disclosure, investigation and prevention of crimes", Tyumen, 2005;
5. Larin A.M. "The work of the investigator with evidence", M. 1966;
6. Flowers S.I. "The state and perspective of using data from the science of management in criminalistics", M., 1977;
7. Fundamentals of the scientific organization of management and labor in the internal affairs bodies, M., 1973
8. Bastrykin A.M. Criminalistics. Textbook. M., 2010 (p. 381-415);
9. Drapkin L.Ya., Zlochenko Ya., Shuklin A.E. The operational game-complex of operational-search activities aimed at achieving a strategic goal is an effective tool for investigating terrorist crimes by the Russian investigator, 2009, No. 19.
The subject of classes: "The interaction of the investigator with other participants in the investigation process, representatives of the media and the public" - 2 hours.
December 20 in the forest stairs in 3 kilometers from the city of Ensk while a group of students discovered the corpse of a young woman without clothes. From the location of the detection of the corpse to the forest permanent at a distance of 15 meters, a trail of drawing with blood traces was visible. On the bridge, the tracks of the wheels were clearly imprinted on the snow, which turned 20 meters from the end of the drawing trace, and, judging by the trails of the wheels, drove to the asphalt path, where the traces were lost.
Numerous knife wounds were found on the woman's body, 5 of which were rear in the back and neck, and more than 10 in front of the chest area. In a place where the trail of drawing comes out onto the spot, a drowning platform was found and a large amount of blood in the snow.
Issues for discussion:
1. Is there any need in the interaction of the investigator with other bodies and services at the initial investigation stage? What exactly?
2. If so, what types of interaction should be used and in what form should it be organized? When responding, they will come together on the norms of the Code of Criminal Procedure of the Russian Federation.
3. What tasks should the investigator be solved using the media and the public?
4. What ways should these tasks be solved?
The task:
1. Make a decree reflecting the process of interaction between the investigator with the inquiry authorities.
Make a decree on appointing relevant judicial expertise.
On the territory of the city over a year and a half, an unknown criminal made 4 kills of women similar to the method of their commit. The criminal, attacking the sacrifice caused her blows with a blunt object, and then cut wounds of the face and body (cut off his chest and plowed the stomach). For each murder after the initiation of the criminal case, investigative groups were created, but things remained unequaren.
Questions:
1. How to organize interaction in the process of investigation of serial killings?
2. What directions of investigation are most important in this situation?
3. What bodies and officials should work on these areas?
4. What examinations should be appointed in this case?
5. What other forms of interaction with experts and specialists should use the investigator?
Tasks:
1. To make a decree on the conjunction in one criminal proceedings about a series of murder of women (part 2 of Art. 153 of the Code of Criminal Procedure).
2. To make a decision on the creation of the investigative group in accordance with Part 2 of Art. 163 Code of Criminal Procedure.
the floor in 4 entrances of the 40 apartment house found a corpse of the law enforcement agencies of Marina W, the age of the victim - 29 years. The entrance door and damage lock do not have.
The corpse is in the lobby in the center of the apartment near the coffee table, on which there are two cups and a jar from under the apple juice. Near the table two chairs.
The corpse is on his back in home clothes. The head of the injured is covered with a polyethylene bag. Death came from numerous blows a stupid subject on the head.
The atmosphere in the rooms is not broken. It has been established that a mink fur coat of the victim and its gold jewelry disappeared from the apartment.
Questions:
1. What are the main versions about the motives of the perfect crime and other circumstances of the criminal case?
2. What is the structure of the interaction of the investigator with employees of operational search services? What features of interaction arose in connection with the work of the victim in law enforcement structures.
During the investigation of the criminal case on the fact of detecting in the house 15 on the street of a sanatorium skeleton corpse of the Unknown. It was found that in this house, located in the village of Stupino, 15 citizens were registered. In fact, these persons at the specified address did not live, information about them local administrationNor in the local passport service was not. It has been established that all 15 citizens lived in the territory of the neighboring areas in individual apartments and were alone. Many of them were abused by alcoholic beverages, some were drug addicts, almost all achieved retirement age.
Similar information.
The activities of the Investigative Committee of the Russian Federation Regulated by the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation".
Investigative Committee of the Russian Federation (hereinafter also - the Investigative Committee) is the federal state body exercising in accordance with the legislation of the Russian Federation authority in the field of criminal proceedings, as well as other powers established by federal laws and the President of the Russian Federation. It is a united federal centralized system of investigative bodies and institutions of the Investigative Committee.
The President of the Russian Federation carries out the activities of the investigative committee, approves the provision on the Investigative Committee of the Russian Federation and establishes the staffing of the Investigative Committee, including the staff of the military investigative bodies of the Investigative Committee.
The main tasks of the investigative committee:
- operational and qualitative investigation of crimes in accordance with the defendance established by the Criminal Procedure Legislation of the Russian Federation;
- ensuring legality when admission, registration, verification of reports of crimes, initiating criminal cases, the production of preliminary investigation, as well as human protection and freedoms and;
- implementation of procedural control of the activities of the investigative bodies of the Investigative Committee and their officials;
- organization and implementation within their authority to identify circumstances conducive to committing crimes, taking measures to eliminate such circumstances;
- implementation within its powers of international cooperation in the field of criminal proceedings;
- development of measures for the implementation of public policy in the field of the execution of the legislation of the Russian Federation on criminal proceedings;
- improvement of regulatory legal regulation in the established field of activity;
- determining the procedure for the formation and submission of statistical reports and reporting on investigative work, procedural control.
Principles of the investigative committee
Investigative bodies and institutions of the Investigative Committee:
- operate on the basis of subordination of the lower managers to the higher and Chairman of the Investigative Committee;
- implement the powers independently from the federal state authorities, the state authorities of the constituent entities of the Russian Federation, local governments, public associations and organizations, other bodies and in accordance with the legislation of the Russian Federation;
- glasno act To the extent that this does not violate the rights and freedoms of a person and a citizen, does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, the legislation of the Russian Federation on state and other secrets protected by law;
- inform federal state authorities, state authorities of the subjects of the Russian Federation and local governments, as well as the population On the results of investigative activities.
Employees of the Investigative Committee:
- can't be members of political parties and other public associationspursuing political goals and take part in their activities. Creation and activities of public associations pursuing political goals, and their organizations in the investigative bodies and institutions of the Investigative Committee are prohibited;
- in their work not related to decisions of political parties and other public associations;
- it is not entitled to combine its basic activities with other activities on a reimbursable basis.except teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign countries, international and foreign organizations, foreign citizens and individuals without
Russian Federation.
2.1. The powers and objectives of the investigative committee of the Russian Federation.
The Investigation Committee of the Russian Federation is the federal executive body, the main goal of the activity is, the implementation of the preliminary investigation into criminal cases referred to its intention in accordance with criminal procedure legislation.
The main tasks of the Investigative Committee of the Russian Federation are the provision "On the Investigative Committee of the Russian Federation". Approved by the Decree of the President of the Russian Federation of January 14, 2011 No. 38 "Questions of the Investigative Committee of the Russian Federation" (as amended on March 3, 2012 No. 297) // SZ RF. - 2011. - № 4. - Art. 572; 2012. - № 12. - Art. 1391.:
organizes and provides mobilization and mobilization in the investigative committee system;
development of measures to form state policies in the field of the implementation of the legislation of the Russian Federation on criminal proceedings;
improvement of regulatory legal regulation in the established field of activity;
ensuring the legality in the production of preliminary investigation and the protection of human rights and freedoms and citizen;
operational and qualitative investigation of crimes in accordance with the context established by the Code of Criminal Procedure;
organization and implementation within their powers to identify the causes and conditions that contribute to the commission of crimes, taking measures to eliminate them;
providing within the limits of its powers of international legal cooperation in the field of criminal proceedings;
compensation of damage caused by crimes.
ensures the implementation of civil defense activities, an increase in the sustainability of the investigative bodies of the Investigative Committee in conditions of military time and in emergency situations in peacetime;
participates in ensuring the execution by citizens of military duty; Organizes and implements in the prescribed manner, accounting for military-ridden prosecutors and federal state civil servants of the investigative bodies of the Investigative Committee;
organizes and implements in the prescribed manner protection in the courts of interests of the Investigative Committee;
organizes personnel provision of investigative bodies of the Investigative Committee, preparation, retraining, advanced training and internships; Develop and carry out measures to ensure the legal and social protection of prosecutorial workers, federal state civil servants and military personnel of the investigative bodies of the Investigative Committee;
carries out the material and technical and financial support of the activities of the investigative bodies of the Investigative Committee;
develops and implements preventive, healing, sanatorium, spa, wellness and rehabilitation activities aimed at protecting and promoting the health of prosecutor's employees, federal state civil servants and military personnel of the investigative committee, members of their families and retirees of the investigative committee;
provides in the system of the Investigative Committee, its own security and protection of information constituting the state and other secrecy protected by law;
ensures competitions and the conclusion of state contracts for placing orders for the supply of goods, the performance of work, the provision of services for the needs of the investigative bodies of the Investigative Committee;
ensures the introduction of achievements of science, technology and positive experience, as well as the development of communication systems and automated management in the investigative committee;
presents in the prescribed manner to the Ministry of Finance of the Russian Federation proposals for the formation of the federal budget;
organizes the reception of citizens, timely and complete consideration of the oral and written appeals of citizens, making decisions on them and the direction of answers to the term established by the legislation;
organizes work on recruitment, storage, accounting and use of archival documents of the Investigative Committee;
performs the functions of the main manager of the federal budget funds provided for on the maintenance and operation of the investigative committee;
According to Art. 1 FZ "On the Investigative Committee of the Russian Federation" The Investigation Committee of the Russian Federation is the federal state body, implementing the powers in the field of criminal proceedings in accordance with the legislation. The Investigation Committee of the Russian Federation exercises other powers established by federal laws and regulatory legal acts of the President of the Russian Federation.
The powers and responsibilities of the Investigative Committee of the Russian Federation are governed by the Code of Criminal Procedure of the Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174 - FZ (as amended by Federal Law of February 3, 2014 No. 7-FZ) // SZ RF. - 2001. - № 52 (Part I). - Art. 4921; 2014. - № 6. - Art. 558.; FKZ "O. emergency»Federal Constitutional Law of May 30, 2001 No. 3-FKZ" On Emergency "(as amended by FZ dated March 7, 2005 No. 1-FKZ) // SZ RF. - 2001. - № 23. - Art.2277; 2005. - № 10. - Art. 753; Federal Law of March 6, 2006 No. 35-FZ "On Countering
terrorism "Federal Law of March 6, 2006 No. 35-FZ" On Countering Terrorism "(as amended by Federal Law of May 5, 2014 No. 130-ФЗ) // SZ RF. - 2006. - № 11. - Art. 1146; Russian newspaper. - No. 101. - 07. 05. 2014. And other acts.
The Investigation Committee of the Russian Federation in the process of its activity performs the following powers of the Regulation "On the Investigative Committee of the Russian Federation". Applied. Decree of the President of the Russian Federation of January 14, 2011 No. 38 "Issues of the Investigative Committee of the Russian Federation" (as amended on March 3, 2012 No. 297) // SZ RF. - 2011. - № 4. - Art. 572; 2012. - № 12. - Art. 1391.:
carries out in accordance with the legislation of the Russian Federation, checks contained in the statements and other appeals reports of crimes, the production of prior investigation into criminal cases, procedural control, criminalistic, forensic and auditing activities, as well as verification of the activities of the investigative bodies and institutions of the Investigative Committee;
summarizes the practice of applying the legislation of the Russian Federation and conducts an analysis of the implementation of state policy in the established field of activity, develops measures on this basis for its improvement;
develops and presents in the prescribed manual to the President of the Russian Federation and the Government of the Russian Federation projects of federal constitutional laws, federal
laws, acts of the President of the Russian Federation and the Government of the Russian Federation, and also prepares other documents for which the decision of the President of the Russian Federation or the Government of the Russian Federation is required, on issues relating to the established field of activity;
takes part in holding on the instructions of the President of the Russian Federation and the Government of the Russian Federation legal expertise draft legislative and other regulatory legal acts of the Russian Federation relating to the scope of the investigative committee;
takes regulatory legal acts on issues related to the established field of activity, with the exception of issues, the legal regulation of which is carried out by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;
interacts with the competent authorities of foreign states, concludes agreements, cooperates with international organizations in accordance with international treaties and participates in the development of international treaties of the Russian Federation in the established field of activity;
participates in the development of international treaties of the Russian Federation in the established field of activity;
forms coordination, deliberative, advisory and expert councils (commission), including interdepartmental, in the established field of activity;
implements interaction with the media in order to inform the public about the activities of the Investigative Committee;
organizes the reception of citizens, ensures timely and in full consideration of appeals, making solutions on them and the direction of answers in the period established by the legislation;
establishes printed and electronic publications in accordance with the legislation of the Russian Federation to publish the regulatory legal acts of the Investigative Committee, official announcements, the placement of other materials on issues relating to the established field of activity;
ensures the implementation of the investigative committee of achievements of science, technology and positive experience, as well as the development of communication systems and automated management in the investigative committee system;
participates in ensuring execution by citizens of military duty, exercises authority to organize military registration of employees of the Investigative Committee;
organizes and implements in the prescribed manner protection in the courts of interests of the Investigative Committee, and also carries out other powers in the established field of activity.
The Investigation Committee operates in cooperation with the federal executive bodies, the executive authorities of the constituent entities of the Russian Federation, local government bodies of municipalities, public associations and organizations.
The interaction of the Investigative Committee of the Russian Federation with public associations, organizations and media is the implementation of the constitutional right to familiarize
documents and materials directly affecting his rights and freedom of citizens.
Unfortunately, the social activities of the Public Council are not formulated in the tasks of the Investigative Committee, although one of the objectives of the Public Council under the Investigative Committee is to protect the rights and freedoms of citizens Petrov M.I. Commentary on the federal law "On the Investigative Committee of the Russian Federation" (article). - M.: Business Dvor, 2012. - P. 23 .. However, the tasks of the investigative committee did not notice that ensuring the coordination of socially significant interests of citizens of the Russian Federation, public, human rights, religious and other organizations, public authorities and local governments To solve the most important issues in the field of activity of the investigative committee. The protection of the rights and freedoms of citizens of the Russian Federation, the democratic principles of the development of civil society in the Russian Federation is key to developing measures for the formation of state policy in the field of the execution of the legislation of the Russian Federation on criminal proceedings.
Investigative Committee in order to implement their powers has the right to "On the Investigative Committee of the Russian Federation". Applied. Decree of the President of the Russian Federation of January 14, 2011 No. 38 "Issues of the Investigative Committee of the Russian Federation" (as amended on March 3, 2012 No. 297) // SZ RF. - 2011. - № 4. - Art. 572; 2012. - № 12. - Art. 1391.:
request and receive in the prescribed manner free of charge documents, materials and information necessary for making decisions on issues related to the established field of activity;
attract in the prescribed manner to develop solutions on issues related to the established field of activity, scientific and other organizations, scientists and specialists, including on a contractual basis;
participate in the formation of federal accounts, databases of criminalistic, statistical and other information and lead them, as well as to enjoy federal accounting, databases in this area of \u200b\u200bfederal executive bodies.
performs other functions in the established field of activity, if such functions are provided for by federal constitutional laws, federal laws, acts of the President of the Russian Federation.
The creation of the Investigative Committee of the Russian Federation entails many innovations
in legal regulation criminal procedural activities. One of these innovations concerns the powers of the staff of this authority.
In art. 7 FZ dated December 28, 2010 No. 403-FZ "On the Investigative Committee of the Russian Federation", it is envisaged that an employee of the Investigative Committee in the implementation of the procedural powers entrusted to him by the Criminal Procedure Legislation of the Russian Federation has the right to enter residential and other residents belonging to citizens Land belonging to them. With the jurisdiction of the crime, the persecution of persons suspected of committing a crime, or the availability of sufficient data to believe that there is committed or a crime (paragraph 2 of Part 1).
At first glance, the emergence of such a norm seems quite reasonable. Employees of the investigating authorities in the implementation of procedural powers sometimes really have to operate "in the location" of the suspect, accused or simply at the constitutional protected area - in the manufacture of search, recess, imposing arrest on property, etc. The specified norm in such a situation would have legalized the process of entering the employee on a similar territory.
However, in the given norm of the Federal Law "On the Investigative Committee of the Russian Federation" there is an internal inconsistency due to an unreasonable attempt to connect various in one normal legal Nature provisions. On the one hand, the hypothesis of the norm unequivocally indicates the criminal procedural nature of its application: we are talking about its action in the implementation of the procedural authority assigned to the employee of the criminal procedure
the legislation of the Russian Federation. On the other hand, the rule of conduct itself is clearly beyond the framework of criminal and procedural activities and is more closely characteristic of the powers of power special forces regulated by administrative legislation, to prevent crimes, persecution of suspects. That is, the right to enter here is not here for the production of search, removing or some other investigative action, but in order to grab the suspect, disarming it and translate to the investigator for the proceedings and adoption of a procedural decision.
Noting the internal contradictionability of the given norm, it should be paid to the fact that the implementation of it in practice may entail
negative legal consequences. Preventing the crime and persecution of suspects - the lot of operational and power special units involving the use of force, specialized weapons, and representing the execution of a procedural solution.
An employee of the Investigative Committee acting in the implementation of procedural powers - the face procedural, which is why his action is procedural. If it acts in accordance with the law, the result will be evidence (accusing or justifications - the course of the case will show). If it acts with a violation of the law, the result will also be evidence, only unacceptable. Their feature is that they are, in accordance with Art. 75 Code of Criminal Procedure There is no legal force, exclude the possibility of obtaining permissible evidence and become the basis for the collapse of the charge.
Imagine that an employee of the Investigative Committee, pursuing the suspect, overtook the latter in his dwelling, while he selected the instrument of crime, weapons, drugs. Suppose it acted at the same time on the basis of paragraph 2 of Part 1 of Art. 7 FZ "On the Investigative Committee of the Russian Federation", which provides for the right to enter the premises and to the sections of citizens. So what is next? The proof of the guilt of the attacker is needed (they, by the way, will be evidence of the legality of the actions of the Investigative Committee). Where will he take them? Will issue a search or recess? But it will be falsification, he did not produce these investigative actions. Will a "samodoprospar"? Even more incomprehensible. As a result, the employee of the investigative committee turns out to be in the procedural trap, when everything so that he undertakes to turn into the inadmissibility of the evidence they received.
This situation can be advisable in different directions, but the result will be one: for a qualified proven of the fault of the attacker, it is necessary to ensure the preventing of the crimes and the persecution of suspects were engaged in specially created power special forces. BUT
an employee of the Investigative Committee, acting within the framework of procedural authority, found out the relevant circumstances by the production of investigative and other procedural actions and obtain the necessary evidence.