THE RUSSIAN FEDERATION
THE FEDERAL LAW
About the investigative committee of the Russian Federation
List of changing documents
(as amended by federal laws from 19.07.2011 N 247-FZ,
from 08.11.2011 N 309-FZ, from 11/21/2011 N 329-FZ,
from 11.02.2013 N 6-FZ, from 07.05.2013 N 102-FZ,
from 02.07.2013 N 185-FZ, from 25.11.2013 N 317-FZ,
from 28.12.2013 N 396-FZ, from 03.02.2014 N 7-FZ,
from 04.06.2014 N 145-FZ)
Chapter 1. General
Article 1. Investigative Committee of the Russian Federation
1. The Investigation Committee of the Russian Federation (hereinafter also also - the Investigative Committee) is a federal state body exercising 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 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.
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) providing legality when admission, registration, verification of reports of crimes, initiating criminal cases, the production of 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) the 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;
7) improving regulatory regulation in the established field of activity;
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 the federal state authorities, the state authorities of the constituent entities of the Russian Federation, local governments, public 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 of the activities of the Investigative Committee
The legal basis for the activities of the Investigative Committee are the Constitution of the Russian Federation, generally accepted principles and norms of international law and international treaties of the Russian Federation, Federal Constitutional Laws, this Federal Law and other federal laws, the Regulation on the Investigative Committee of the Russian Federation, as well as other regulatory legal acts of the Russian Federation.
Article 3. International cooperation
The Investigation Committee interacts within its powers with the competent authorities of foreign countries 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.
Article 4. 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 constituent entities of the Russian Federation (including their administrative units) and their specialized (including military) investigative governments 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 organizations 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 of 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 Investigation Committee in their official activities are 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 pedagogical, scientific and other creative activities. At the same time, pedagogical, scientific and other creative activities cannot be financed exclusively at the expense of foreign countries, international and foreign organizations, foreign citizens and stateless persons, 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.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
Article 6. Inadmissibility of intervention 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 premises belonging to the land plots belonging to them in the suppression of the commission of a crime, persecution of persons suspected of committing a crime, or the availability of sufficient data to believe that there is committed or a crime;
3) demand from managers and other officials of bodies, enterprises, institutions and organizations specified in paragraph 1 of this part, providing the necessary documents, materials, statistical and other information, the allocation of specialists to determine the reporting of the crime and conducting a preliminary investigation during the verification questions; 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 report on the crime, conducting a preliminary investigation or the implementation of other powers, are binding on 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 meetings of the chambers of the Federal Assembly of the Russian Federation, their committees and commissions, the Government of the Russian Federation, the federal executive bodies, 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.
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, as well as investigators have the right to participate in the consideration of submissions made by them to eliminate the circumstances that contributed to the commission of a crime and consider other information of the investigative committee. 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 bodies 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. Participation of the Investigative Committee in law-conducting activities
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.
3. The Investigation Committee adopts 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, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation.
(Part 3 introduced by federal law of 21.11.2011 N 329-FZ)
4. The regulatory legal acts of the Investigative Committee, affecting the rights, freedoms and obligations of a person and a citizen who establish the legal status of organizations or with interdepartmental nature are subject to state registration and publication in the manner prescribed for state registration and publication of regulatory legal acts of federal executive bodies.
(Part 4 introduced by Federal Law of 21.11.2011 N 329-FZ)
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, petitions in criminal cases, complaints of actions (inaction) and solutions to the leaders of the investigative committee and investigators in the manner prescribed by 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 the event that during the verification of the appeal on the offense, the absence in the Act of the Crimination will be established, but the presence of signs of an administrative offense, the head of the investigative body of the Investigative Committee sends the relevant materials to the authority, the authority, whose competence includes the decision of the recovery By the liability of the person who committed such an offense.
Chapter 2. Investigative Committee and Organization
Activities of the investigative committee
Article 12. Investigative Committee System
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 organizations can be created, as well as other organizations necessary to ensure its activities.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
4. In the investigative bodies of the Investigative Committee and their divisions, as well as in the institutions of the Investigative Committee, they are formed in accordance with the Lists (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 special assistants. , investigators, senior investigators, investigators on particularly important cases, senior investigators on particularly important cases, criminalist investigators, senior criminale 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 features 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 and exempt from office by the President of the Russian Federation.
7. The appointment of acting on vacant position specified in Part 6 of 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 performance of duties under this position 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 referred to as citizens) who received higher legal education on the educational program with state accreditation with the necessary professional and moral qualities and able to fulfill their official responsibilities for them.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
2. The posts of investigators of the investigative departments and the investigative branches of the Investigative Committee on the districts, cities and equivalent to them, including specialized, investigative divisions of the Investigative Committee in exceptional cases, citizens enacted on having a state accreditation of the educational program of higher education in a specialty or direction can be appointed Training in the field of jurisprudence is at least half the term of obtaining education established by the Federal State Educational Standard, and not having academic debt.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
3. Citizens who do not have higher legal education may be appointed to certain positions of the Federal State Service in the Investigation Committee, if they have other higher education, obtained by the state accreditation of the educational program and the relevant replaced position.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
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 across the court sentence, which has entered into force, has a criminal record or had a criminal record, which is removed or redeemed, in relation to its criminal prosecution, it is subject to 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 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 prevents the investigative committee in the investigating authorities and the establishment of an employee of the Investigative Committee to serve into the investigative authorities. The procedure for medical examination for the presence or absence of a disease that prevents the commission in the investigating authorities and the institutions of the Investigation Committee, the execution of official duties of the employee of the Investigative Committee, the list of such diseases and the form of medical report are approved by the Government of the Russian Federation;
(p. 4 as amended by Federal Law of November 25, 2013 N 317-FZ)
5) consists in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with an employee or federal state civil servant of the Investigative Committee and if the position of the Federal State Service office or Federal State Civil Service is associated with direct subordination or controlling one of them to another;
(as amended by Federal Law of 21.11.2011 N 329-FZ)
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 who receive higher legal education on the public accreditation of educational programs on the basis of student agreements concluded between them and the Investigative Committee, in accordance with the agreements concluded with them are obliged to undergo a service in investigative bodies or institutions of the Investigative Committee 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 establishment of the Investigative Committee, the reduction in the number or staff of the Employees of the Investigative Committee), these persons are fully reimbursed by the costs of their training.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
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 bodies (with relevant federal executive bodies), prosecutors, judicial bodies for at least 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 specialty in the investigative committee, investigative bodies of federal executive bodies (with relevant federal executive bodies), prosecutors, judicial bodies for 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, persons who have 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 admission to the service in the Investigation Committee
1. For citizens, for the first time taken to service in the Investigation Committee, with the exception of citizens who completed the educational organizations of the Higher 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.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
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:
It is holy 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 workers of the Investigative Committee are subject to certification in the manner determined by the Chairman of the Investigative Committee, taking into account the characteristics 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.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
Article 22. Office 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 business of the employee, the Federal State Civil servant of the Investigative Committee
1. In the personal case of the employee, the Federal State Civil servant of the Investigative Committee are its personal data and other information related to the service in the Investigation Committee, its passage, level of education, receiving additional professional education and dismissal from the service.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
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, at introduction to the personal cause of their 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. Uniforms
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 the Employee of the Investigative Committee at the court hearing in accordance with its powers, as well as in other cases of its official representation, wearing uniforms are necessary.
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. Leaving Employees of the Investigative Committee
1. Employees of the Investigative Committee are granted annual main paid leave of 30 calendar days without taking into account the next time for the vacation location and back.
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 established by the Government of the Russian Federation, but at least 45 calendar days.
2.1. Employees of the Investigative Committee, employees of scientific and educational institutions of the Investigative Committee, which serves service in the regions of the Far North, equivalent to these areas and other areas with unfavorable climatic or environmental conditions, including remote, where coefficients are established (district, for service in high-mountainous areas, For the service in desert and anhydrous localities), or in the bodies and institutions of the Investigative Committee located in the subject of the Russian Federation, a member of the Urals, Siberian or Far Eastern Federal District, or outside the territory of the Russian Federation, the fare is paid to the place of main vacation in the territory (within) the Russian Federation and back once a year, unless otherwise provided by federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation. The procedure for payment of travel is established by the Chairman of the Investigative Committee.
(Part 2.1 introduced by Federal Law of 11.02.2013 N 6-FZ)
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, a cash compensation is paid 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 for Service to another locality
1. The translation of the employee of the Investigative Committee in the interests of the service to another locality is allowed from his written consent, and when transferring to the area with special climatic conditions, in the presence of a medical conclusion about the possibility of this health care personnel, the form of which is approved by the Government of the Russian Federation.
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. Encouraging and rewarding employees 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 Chairman 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. A particularly distinguished employee of the Investigative Committee may be submitted to awarding the state awards of the 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 apply to it:
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 disciplinary penalties to employees of the Investigative Committee.
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 with 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) achieve the maximum age 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, expenses, property and property obligations, as well as income, expenses, property and property obligations of a 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 workers) is 65 years.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
4. The term of stay in the Investigative Committee of the employee who has reached the limit age established by 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 can be extended until this age is 70 years old.
5. Extending the term of stay in the Service Investigative Committee of the employee who has a disease that prevents the execution of official duties, and an employee who has reached the age of 70 years (with the exception of scientific and pedagogical workers) is not allowed. After achieving this age, the employee may continue to work in the investigative bodies or institutions of the Investigative Committee on the conditions of an urgent employment contract with the preservation of a complete monetary content provided for in paragraph 1 of Article 35 of this Federal Law, as wages.
(as amended by federal laws of 02.07.2013 N 185-FZ, from 25.11.2013 N 317-FZ)
Article 30.1. Recovery for non-compliance with restrictions and prohibitions, requirements for preventing or on resolving the conflict of interests and non-fulfillment of duties established in combating corruption
For non-compliance with the Employee of the Investigative Committee of restrictions and prohibitions, requirements for the prevention or conflict of conflict of interests and non-fulfillment of duties established in order to counter corruption by this Federal Law, the Federal Law of December 25, 2008 N 273-FZ "On Countering Corruption" and other federal laws , implies the recovery provided for by part 1 of Article 28 of this Federal Law.
Article 30.2. Dismissal in connection with the loss of confidence
(introduced by federal law of 21.11.2011 N 329-FZ)
1. The employee of the Investigative Committee is to be dismissal due to confidence in the case of:
1) non-acceptance by an employee of the Investigative Committee to prevent and (or) resolve the conflict of interest, the party whose party is;
2) failure to provide an employee of the investigative committee of information about its income, costs, property and property obligations, as well as income, expenses, property and obligations of the property nature of their spouses (spouse) and minor children or submission of obviously unreliable or incomplete information;
(as amended by Federal Law of 03.12.2012 N 231-FZ)
3) the participation of an employee of the Investigative Committee on a fee basis in the activities of the Office of the Commercial Organization, with the exception of cases established by the Federal Law;
4) implementing an employee of the investigative committee of entrepreneurial activities;
5) entering the employee of the Investigative Committee to the Office, Boardist or Supervisory Boards, other bodies of foreign non-profit non-governmental organizations and their structural units operating in the Russian Federation, unless otherwise provided by the International Treaty of the Russian Federation or the legislation of the Russian Federation;
6) violations by an employee of the Investigative Committee, his wife (spouse) and minors in cases provided for by the Federal Law "On the prohibition of individual categories of persons to discover and have accounts (deposits), to keep cash and values \u200b\u200bin foreign banks located outside the territory of the Russian Federation, own and (or) enjoy foreign financial instruments, "prohibiting to discover and have accounts (deposits), keep cash and values \u200b\u200bin foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments.
(clause 6 introduced by Federal Law of 07.05.2013 N 102-FZ)
2. An employee of the Investigative Committee, who is the head of the investigative body of the Investigative Committee, who became aware of the emergence of an employee of a personal interest, which leads or can lead to a conflict of interests, is to be dismissal due to the loss of confidence in the event of an employee of the investigative committee, which is Head of the Investigative Body of the Investigative Committee, measures to prevent and (or) to resolve the conflict of interest, whose party is subordinate to him by an employee.
Article 30.3. The procedure for applying corruption offenses
(introduced by federal law of 21.11.2011 N 329-FZ)
1. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied in the manner prescribed by the legislation of the Russian Federation governing the issues of service in the investigative committee, taking into account the characteristics established by this article.
2. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied on the basis of a report on the results of the inspection conducted by the Foreign Service of the Investigative Committee on the Prevention of Corruption and Other Offenses, and if the report on the results of the inspection was sent to the Commission for Compliance with the requirements for The official behavior of federal state employees and the settlement of the conflict of interest (attestation commission), and on the basis of the recommendation of this Commission.
3. When applying the penisters stipulated by Articles 30.1 and 30.2 of this Federal Law, the nature of the corruption offense committed by an employee of the Investigative Committee, the circumstances under which it is committed, compliance with the Investigative Committee of other restrictions and prohibitions, the requirements for prevention or conflict settlement Interests and fulfillment of their duties established in order to combat corruption, as well as the preceding results of the execution by an employee of the Investigative Committee of their official duties.
4. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied no later than one month from the date of the receipt of information on the employee of the investigative committee of the corruption offense, not counting the period of temporary disability of the employee of the Investigative Committee, his stay on vacation, other cases of its absence in service For good reasons, as well as the time of testing and consideration by its materials by the Commission for compliance with the requirements for the official behavior of federal civil servants and the settlement of the conflict of interest (attestation commission). At the same time, recovery should be applied no later than six months from the date of the receipt of information on the commission of corruption offenses.
5. In the act on application to the employee of the investigating committee of recovery in the event of a corruption offense, Article 30.1 or 30.2 of this Federal Law is indicated as a basis for the application of recovery.
6. A copy of the act on application to the employee of the investigative committee of recovery indicating the corruption offenses and regulatory legal acts, whose provisions of them are violated, or to refuse to apply to the employee of the Investigative Committee of such a recovery, with an indication of the motives, a personnel of the Investigative Committee on receipt within five days Day of publication of the appropriate act.
7. The Employee of the Investigative Committee has the right to appeal against the recovery in writing in the prescribed manner.
8. If within one year from the date of application of the recovery, an employee of the Investigative Committee was not subjected to a disciplinary recovery provided for in paragraph 1, 2, 3, 4, 5, 6 or 7 of paragraph 1 of Article 28 of this Federal Law, or the recovery provided for in Article 30.1 of this Federal law, it is considered not penalties.
Article 31. Guarantees of the Investigative Committee, elected (appointed) member of the Federation Council, deputy of the State Duma, a deputy of the legislative (representative) state authority of the subject of the Russian Federation, a deputy of the representative body of the municipal entity or the elective officer 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. Additional vocational education of the Employee of the Investigation Committee
(as amended by Federal Law of 02.07.2013 N 185-FZ)
1. Additional professional education of the Employee of the Investigative Committee is carried out at least once every three years while maintaining monetary detention period.
2. The results of additional professional education of the employee of the Investigative Committee are taken into account when deciding on the compliance of this employee of a replaced position, its promotion and promotion.
3. Additional professional education of employees of the Investigative Committee is carried out at the expense of the federal budget budget allocations.
Article 34.1. Preparation of scientific and pedagogical personnel in the investigative committee system
(introduced by Federal Law of 02.07.2013 N 185-FZ)
1. Employees of the Investigative Committee, adopted for training programs for training scientific and pedagogical personnel in postgraduate studies in full-time to scientific and educational organizations of the Investigative Committee on the basis of student agreements concluded between them and the Investigative Committee, as well as implementing the procedure implemented in the Russian Federation established by the legislation Thesis for a degree in scientific and educational organizations of the Investigative Committee is exempt from a replaced position and submitted to the relevant scientific or educational organizations with preservation of official salaries (salary by position), surcharges for a special title (salary on military rank) and surcharges (Supplements) for long service, at the same place of service.
2. The time of obtaining higher education under the program for the preparation of scientific and pedagogical personnel in graduate school in scientific and educational organizations of the Investigative Committee, as well as the time of preparation in the laws of the dissertation for a scientific degree in these organizations, the employee of the Investigative Committee in the length of service, which gives The right to assign an next special title, surcharge (surcharge) for long service and the appointment of a service for long service, subject to the continuation of their service in the investigative committee no later than one month after receiving higher education or protection of the dissertation for a degree degree.
Article 35. Material and Social Security of 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 175 percent of the official salary), the complexity, tension and high achievements in the service; Supports for a scientist degree and scholarship in a specialty corresponding to official duties, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "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.
(as amended by Federal Law of 11.02.2013 N 6-FZ)
2. The monetary remuneration of the Chairman of the Investigative Committee is established by the President of the Russian Federation.
3. Official salaries of the Investigative Committee's employees 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 official salary of the Chairman of the Supreme Court of the 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;
7) Justice Major - 19 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. A surcharge or percentage allowance for service is carried out monthly and is established as a percentage of the official salary (salary by position) and pay extra charge (salary on the military rank) 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 positions in the Investigative Committee (with the exception of military personnel) establishes a monthly cash promotion, calculated on the basis of their official salaries in size in accordance with Annex to this Federal Law. The President of the Russian Federation, employees who replacing the individual public positions of the Russian Federation or the position of the Federal State Civil Service in the Investigation Committee, an additional monthly monetary promotion may be established.
(Part 11 as amended by Federal Law of 11.02.2013 N 6-FZ)
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 and standards that are established by the legislation of the Russian Federation for persons who have served in the internal affairs bodies and members of their families (with the exception of the provisions of part of the second article 43 of the Law of the Russian Federation from 12 February 1993 of N 4468-1 "On the pension provision of persons held military service, service in the internal affairs bodies, state fire-fighting service, organs for controlling the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" ). Persons held in the Investigative Committee, in length of years for the appointment of a pension, calculated in accordance with the legislation of the Russian Federation for persons who served in the internal affairs bodies, and their families, their service life is also counted in the federal executive authorities or federal state bodies in accordance with the list approved by the Government of the Russian Federation. The procedure for calculating the length of years for the appointment of pensions to employees of the Investigative Committee, taking into account the peculiarities of the service in the investigative committee, is determined by the Government of the Russian Federation.
(Part 13 as amended by Federal Law of July 19, 2011 No. 247-FZ)
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 by part 13 of this article, is paid output allowance for 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 salary (salary by position) with a surcharge for a special title or with salary by military rank;
2) from 10 to 15 calendar years - 10 official salaries (salary by position) with a surcharge for a special title or with salary by military rank;
(as amended by federal laws from 08.11.2011 N 309-FZ, from 04.06.2014 N 145-FZ)
3) from 15 to 20 calendar years - 15 official salaries (salary by position) with a surcharge for a special title or with salary by military rank;
(as amended by federal laws from 08.11.2011 N 309-FZ, from 04.06.2014 N 145-FZ)
4) 20 or more calendar years - 20 official salaries (salary by position) with a surcharge for a special title or with salary by military rank.
(as amended by federal laws from 08.11.2011 N 309-FZ, from 04.06.2014 N 145-FZ)
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. Ensuring an employee of the investigative committee by residential premises is carried out in the manner and under the conditions provided for by the legislative and other regulatory legal acts of the Russian Federation, at the expense of the federal budget allocated for these objectives of the Investigative Committee, by providing an employee of official residential premises or residential premises. By decision of the Chairman of the Investigative Committee.
(Part 22 as amended by Federal Law of 04.06.2014 N 145-FZ)
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 are entitled to compensate for the costs associated with the hiring (delivery) of residential premises, prior to the provision of residential premises for permanent residence in the prescribed manner. The amount of this compensation and the procedure for its provision is established by the Government of the Russian Federation.
25. Children of the Investigative Committee's staff are provided with extraordinary places in pre-school educational organizations, general education organizations with boarding schools, summer wellness institutions.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
26. Medical support (including the provision of drugs for medical use) Employees of the Investigation Committee and their families living with them are carried out at the expense of the federal budget.
(as amended by Federal Law of November 25, 2013 N 317-FZ)
27. Medical support that receives a pension of employees of the Investigative Committee and members of their families, as well as parents, spouses and juvenile children of the dead (dead) employees, are carried out in accordance with part 26 of this article in the medical organizations in which they were registered.
(as amended by Federal Law of November 25, 2013 N 317-FZ)
28. Employees of the Investigative Committee on the Day of Entry into force of this Federal Law, the right to retire, relying on them and on the standards, which are established by the legislation of the Russian Federation for prosecutors, have the right to receive a specified pension in the preserved amount instead of a pension that could It is assigned to them when dismissing from 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 on compulsory state insurance (hereinafter - insurers) may have 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 contract system in the sphere of procurement of goods, works, services to provide state and municipal needs.
(as amended by Federal Law of December 28, 2013 N 396-FZ)
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 in 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 the employee dismissed in the Investigative Committee, if it came due to injury or other harm due to the performance of official duties, disabled family members of this employee In his dependency, the compensation was paid monthly in the form of a difference between the difference between the monetary maintenance of the deceased (deceased) employee and the pension appointed by him on the occasion of the loss of the breadwinner excluding the amount of payments obtained on compulsory public personal 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 into the number of family members who were on his dependence, 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 to pay insurance sums, compensation, in the implementation of 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 this article, it is understood by the execution by an employee of official duties within its official powers established 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 provision of activities
Military Investigation Bodies of the Investigative Committee
Article 38. System of military investigative bodies of the Investigative Committee
1. The Military Investigation Bodies of the Investigative Committee exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the Federal Law provides for military service.
1.1. The system of military investigative bodies of the Investigative Committee is the main Military Investigation Department of the Investigative Committee, Military Investigation Department of the Investigative Committee on Military District, Fleets and other Military Investigation Department of the Investigative Committee, equivalent to the Chief Investigation Department and Investigative Department of the Investigative Committee on the Subjects of the Russian Federation, Military Investigation Departments On associations, compounds, garrisons and other military investigative departments of the Investigative Committee, equivalent to the Investigation Departments and the Investigation Departments of the Investigative Committee for the districts, cities.
(Part 1.1 introduced by federal law of 04.06.2014 N 145-FZ)
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 military investigative bodies of the Investigative Committee are encouraged and carrying 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 provision (with the exception of the provisions of the Second Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, applies to military investigative bodies of the Investigative Committee. Persons who held military service, service in the internal affairs bodies, public fire service, organs to control the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families "), medical and other support, taking into account the characteristics established by This federal law.
(as amended by Federal Law of 08.11.2011 N 309-FZ)
2. The monetary allowance of military personnel of the Investigative Committee consists of salary; salary on military rank; premiums for the special nature of the service (in the amount of 50 percent of the salary by position); surcharges for complexity, tension and special service mode; percentage surcharge for long service (in the amount provided for by part 5 of Article 35 of this Federal Law); premiums for a scientist degree and academic title, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "Honorary Officer of the Investigative Committee of the Russian Federation" (in the sizes provided for by parts 8 and 9 of Article 35 of this Federal Law); Other premiums and payments provided for servicemen.
(Part 2 as amended by Federal Law of 08.11.2011 N 309-FZ)
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 using the coefficient of 1.5, which is not taken into account when calculating pensions in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons held by military service, service in the internal affairs bodies, state fire service, organs for monitoring drug trafficking and psychotropic substances, institutions and bodies of the penitentiary system, and their families." 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.
(Part 3 as amended by Federal Law of 08.11.2011 N 309-FZ)
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. The military personnel of the Investigative Committee of the Investigative Committee, which has the right to retire for long service, is paid a monthly allowance for monetary content in the amount of 50 percent of the pension that could be appointed.
6. Medical assistance to military personnel of the initial bodies of the Investigative Committee and members of their families, their sanatorium-resort treatment, medical and psychological rehabilitation and organized rest (hereinafter - medical assistance) in accordance with federal laws and other regulatory legal acts of the Russian Federation are carried out in medical, military medical units, parts and institutions (organizations), sanatorium and wellness institutions (organizations) of the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, other federal executive bodies in which the military is provided by Federal Law Service (hereinafter - military medical institutions), with mutual settlements in the manner prescribed by the Government of the Russian Federation.
(Part 6 introduced by federal law of 04.06.2014 N 145-FZ)
7. Medical assistance to citizens dismissed from military service to military investigative bodies of the Investigative Committee before January 1, 2017, and their families in accordance with federal laws and other regulatory legal acts of the Russian Federation turns out to be military medical institutions in which they were registered (maintenance), and citizens dismissed from military service in military investigative bodies of the Investigative Committee after January 1, 2017, and their family members - the same military medical institutions with the implementation of mutual settlements in the manner prescribed by the Government of the Russian Federation.
(Part 7 introduced by federal law of 04.06.2014 N 145-FZ)
8. Ensuring military personnel of military investigative bodies of the Investigative Committee and members of their families by residential premises on the standards and in the manner established by the legislation of the Russian Federation for military personnel, taking into account the characteristics established by Part 23 of Article 35 of this Federal Law, is carried out at the expense of the federal budget allocated For these purposes, the investigative committee. The maintenance of military personnel of military investigative bodies of the Investigative Committee in need of providing residential premises of a specialized housing stock, under a social hiring agreement or ownership, the right to which they have originated from January 1, 2017 are carried out by the Investigative Committee.
(Part 8 introduced by federal law of 04.06.2014 N 145-FZ)
9. For the period of military personnel of military investigative bodies of the Investigative Committee of Military Service in closed and separate military towns, outside the territory of the Russian Federation them and their families, residential premises of the Specialized Housing Fund are provided by the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service The Russian Federation, other federal executive bodies, in which the Federal Law provides for military service, with the implementation of mutual settlements in the manner prescribed by the Government of the Russian Federation.
(Part 9 introduced by federal law of 04.06.2014 N 145-FZ)
10. When dismissing military personnel of military investigative bodies of the Investigative Committee, with the right to retirement for service, as well as when dismissing for health, or in connection with organizational and staff events, they pay a day off for full years of service in the sizes specified in Part 17 of Article 35 of this Federal Law. The military personnel of military investigative bodies, which received the specified day off, is not paid by the manual provided for by part 3 of Article 3 of the Federal Law of November 7, 2011 N 306-FZ "On the monetary content of military personnel and the provision of individual payments."
(Part 10 introduced by federal law of 04.06.2014 N 145-FZ)
11. Pension provision of persons who replaced positions in the military investigative bodies of the Investigative Committee and dismissed from military service until January 1, 2017, and their families are carried out by the Ministry of Internal Defense of the Russian Federation, the Federal Security Service of the Russian Federation, respectively. Pension provision of persons dismissed from military service in military investigative bodies of the Investigative Committee after January 1, 2017, and their families are carried out by the Investigation Committee.
(Part 11 introduced by federal law of 04.06.2014 N 145-FZ)
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 the budget legislation of the Russian Federation.
2. The material and technical support of the military investigative bodies of the Investigative Committee, the allocation of service premises, transportation, communications and other types of security and contentment 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, according to established norms .
2.1. Federal State Civil servants, replacing posts in the military investigative bodies of the Investigative Committee, the provision of a one-time subsidy for the acquisition of residential premises is carried out in the prescribed manner at the expense of the funds allocated for these purposes to the Investigative Committee.
(Part 2.1 is introduced by federal law of 04.06.2014 N 145-FZ)
3. The protection of the service premises of the military investigative bodies of the Investigative Committee is carried out by the military units or military police of the Armed Forces of the Russian Federation.
(as amended by Federal Law of 03.02.2014 N 7-FZ)
Chapter 5. Other issues of organization and activities
Investigative Committee
Article 42. Statistical Reporting
The Investigative Committee approves the unified procedure for the formation and submission of federal statistical observation forms on investigative work, procedural control and consideration of reports of crimes in the investigative committee's investigative bodies, and also sends statistical information to the relevant federal body carrying out state statistical accounting.
Article 43. Ensuring the activities of the Investigative Committee
1. Ensuring the activities of the Investigative Committee, including logistical, financial support, the creation of the necessary infrastructure, material and social security of persons undergoing the Federal State Service in the Investigative Committee provided for in this Federal Law is the consumables of the Russian Federation.
2. Ensuring the investigative bodies and institutions of the Investigative Committee with transport and technical means and ensuring employees of the Investigative Committee shaped clothing are carried out in a centralized manner by 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, criminalistic and special equipment are established by the Chairman of the Investigative Committee.
4. The Investigative Committee may have a specialized housing fund formed in the manner 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's supervision
The supervision of the execution of the laws by the Investigative Committee is carried out by the Prosecutor General of the Russian Federation and the prosecutors subordinate to him in accordance with the powers provided by federal legislation.
Article 45. Transitional provisions
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 social and legal protection measures provided for by the legislation of the Russian Federation for prosecutor workers Prosecutor's Office of the Russian Federation.
4. Leader years of employees of the Investigative Committee, calculated in the bodies of the Prosecutor's Office of the Russian Federation, is counted in service of years 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. The time of stay in the classrooms of prosecutor's employees of the Investigative Committee under the Prosecutor's Office of the Russian Federation is counted when appropriate to employees of the investigative committee of the Russian Federation of regular special ranks.
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 terms for the provision of basic and additional leave are preserved, estimated periods for calculating the average earnings, benefits and compensations calculated during their service in the investigative committee in 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 the entry 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.
2. Article 36 of this Federal Law enters into force on July 1, 2011.
The president
Russian Federation
D.Medvedev
Moscow Kremlin
December 28, 2010
N 403-FZ
Act Editorial 07.05.2013
| Name Document | Federal Law of 28.12.2010 N 403-FZ (ed. From 07.05.2013 with changes that have entered into force on 05/19/2013) "On the Investigative Committee of the Russian Federation" |
| Document type | law |
| Accepted by | russian President, GD RF, Federation Republic RF |
| Document Number | 403-ФЗ. |
| Date of adoption | 15.01.2011 |
| Date of editorial | 07.05.2013 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | act |
| Publication |
|
| Navigator | Notes |
Federal Law of 28.12.2010 N 403-FZ (ed. From 07.05.2013 with changes that have entered into force on 05/19/2013) "On the Investigative Committee of the Russian Federation"
4. The regulatory legal acts of the Investigative Committee, affecting the rights, freedoms and obligations of a person and a citizen who establish the legal status of organizations or with interdepartmental nature are subject to state registration and publication in the manner prescribed for state registration and publication of regulatory legal acts of federal executive bodies.
1. In the investigative bodies of the Investigative Committee, in accordance with their powers, applications and other appeals containing reports of crimes, petitions in criminal cases, complaints of actions (inaction) and solutions to the leaders of the investigative committee and investigators in the manner prescribed by 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 the event that during the verification of the appeal on the offense, the absence in the Act of the Crimination will be established, but the presence of signs of an administrative offense, the head of the investigative body of the Investigative Committee sends the relevant materials to the authority, the authority, whose competence includes the decision of the recovery By the liability of the person who committed such an offense.
Chapter 2. System of the Investigative Committee and the organization of the activities of the Investigative Committee1. 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 in the institutions of the Investigative Committee, they are formed in accordance with the Lists (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 special assistants. , investigators, senior investigators, investigators on particularly important cases, senior investigators on particularly important cases, criminalist investigators, senior criminale 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.
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 constitutional laws, 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.
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 of the Investigative Committee1. 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 features 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 and exempt from office by the President of the Russian Federation.
7. The appointment of acting on vacant position specified in Part 6 of 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 performance of duties under this position is carried out by the Chairman of the Investigative Committee.
1. Employees of the Investigative Committee may be citizens of the Russian Federation (hereinafter referred to as citizens), which have a higher legal education obtained in having state accreditation educational institution of higher vocational education, which have the necessary professional and moral qualities and able to fulfill their official responsibilities on 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 at a legal specialty in having state accreditation of educational institutions of higher vocational education may be appointed and graduated third course of these educational institutions.
3. Citizens who do not have higher legal education may be appointed for certain positions of the Federal State Service in the Investigation Committee, if they have other higher vocational education obtained in 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 across the court sentence, which has entered into force, has a criminal record or had a criminal record, which is removed or redeemed, in relation to its criminal prosecution, it is subject to 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 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 hinders admission to the Investigation Committee or its passage and confirmed by the conclusion of a medical institution in the manner determined by the Government of the Russian Federation;
5) consists in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with an employee or federal state civil servant of the Investigative Committee and if the position of the Federal State Service office or Federal State Civil Service 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 "On Countering Corruption".
5. Citizens, students studying at the legal specialties in educational institutions of higher professional education in the target direction of the Investigative Committee at the expense of the federal budget, are required in accordance with the contracts concluded with them to serve 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 establishment of the Investigative Committee, the reduction in the number or staff of the Employees of the Investigative Committee), these persons are fully reimbursed by the costs 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 bodies (with relevant federal executive bodies), prosecutors, judicial bodies for at least 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 specialty in the investigative committee, investigative bodies of federal executive bodies (with relevant federal executive bodies), prosecutors, judicial bodies for 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, persons who have 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.
The employees and federal state civil servants of the Investigative Committee are subject to restrictions, prohibitions and obligations established by the Federal Law of December 25, 2008 N 273-FZ "On Countering Corruption", as well as, respectively, by the Federal Law "On the System of the State Service of the Russian Federation" and articles, and federal law "On the State Civil Service of the Russian Federation".
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.
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:
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 established by the Government of the Russian Federation, but at least 45 calendar days.
2.1. Employees of the Investigative Committee, employees of scientific and educational institutions of the Investigative Committee, which serves service in the regions of the Far North, equivalent to these areas and other areas with unfavorable climatic or environmental conditions, including remote, where coefficients are established (district, for service in high-mountainous areas, For the service in desert and anhydrous localities), or in the bodies and institutions of the Investigative Committee located in the subject of the Russian Federation, a member of the Urals, Siberian or Far Eastern Federal District, or outside the territory of the Russian Federation, the fare is paid to the place of main vacation in the territory (within) the Russian Federation and back once a year, unless otherwise provided by federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation. The procedure for payment of travel is established by the Chairman of the Investigative Committee.
(as amended by Federal Law of 11.02.2013 N 6-FZ)
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, a cash compensation is paid 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 ").
1. The translation of the Employee of the Investigative Committee in the interests of the service to another locality is allowed from his written consent, and when transferring to the area with special climatic conditions, in the presence of a medical institution about the possibility of this health care personnel in the relevant 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.
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 Chairman 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. A particularly distinguished employee of the Investigative Committee may be submitted to awarding the state awards of the 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.
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 apply to it:
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 disciplinary penalties to employees of the Investigative Committee.
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.
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.
1. The service in the investigative committee is terminated when the employee is dismissing.
2. The employee of the Investigative Committee may be dismissed from the service in the Investigative Committee on the Foundations provided for by labor legislation (with the exception of a serviceman), on its own initiative in connection with retirement, provided for in Article 35 of this Federal Law, as well as on the initiative of the head of the investigative body or Institutions of the Investigative Committee in the case of:
1) achieve the maximum age 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, violations of prohibitions and non-fulfillment of duties related to the passage of service in the Investigative Committee and established 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, costs, property and property obligations, as well as income, property and obligations of the property of the spouse (spouse) and minor children;
7) the presence of a disease provided for in 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. The term of stay in the Investigative Committee of the employee who has reached the limit age established by 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 can be extended until this age is 70 years old.
5. Extending the service life in the Investigative Committee of an 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 on the Terms of Directory Labor Treaty with the preservation of full monetary content provided for in Article 35 of this Federal Law, as wages.
For non-compliance with the Employee of the Investigative Committee of restrictions and prohibitions, requirements for the prevention or conflict of conflict of interests and non-fulfillment of duties established in order to counter corruption by this Federal Law, the Federal Law of December 25, 2008 N 273-FZ "On Countering Corruption" and other federal laws The recovery of Article 28 of this Federal Law is imposed.
1. The employee of the Investigative Committee is to be dismissal due to confidence in the case of:
1) non-acceptance by an employee of the Investigative Committee to prevent and (or) resolve the conflict of interest, the party whose party is;
2) failure to submit to an employee of the investigative committee of information about its incomes, property and liabilities of a property nature, as well as income, expenses, property and obligations of the property nature of their spouses (spouse) and minor children or submission of obviously unreliable or incomplete information;
3) the participation of an employee of the Investigative Committee on a fee basis in the activities of the Office of the Commercial Organization, with the exception of cases established by the Federal Law;
4) implementing an employee of the investigative committee of entrepreneurial activities;
5) the entry of an employee of the Investigative Committee to the Office, Boardist or Supervisory Boards, other bodies of foreign non-profit non-governmental organizations and their structural units operating in the Russian Federation, unless otherwise provided by the International Treaty of the Russian Federation or the legislation of the Russian Federation.
6) violations by an employee of the Investigative Committee, his wife (spouse) and minors in cases provided for by the Federal Law "On the prohibition of individual categories of persons to discover and have accounts (deposits), to keep cash and values \u200b\u200bin foreign banks located outside the territory of the Russian Federation, own and (or) enjoy foreign financial instruments, "prohibiting to discover and have accounts (deposits), keep cash and values \u200b\u200bin foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments.
2. An employee of the Investigative Committee, who is the head of the investigative body of the Investigative Committee, who became aware of the emergence of an employee of a personal interest, which leads or can lead to a conflict of interests, is to be dismissal due to the loss of confidence in the event of an employee of the investigative committee, which is Head of the Investigative Body of the Investigative Committee, measures to prevent and (or) to resolve the conflict of interest, whose party is subordinate to him by an employee.
1. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied in the manner prescribed by the legislation of the Russian Federation governing the issues of service in the investigative committee, taking into account the characteristics established by this article.
2. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied on the basis of a report on the results of the inspection conducted by the Foreign Service of the Investigative Committee on the Prevention of Corruption and Other Offenses, and if the report on the results of the inspection was sent to the Commission for Compliance with the requirements for The official behavior of federal state employees and the settlement of the conflict of interest (attestation commission), and on the basis of the recommendation of this Commission.
3. When applying the penisters stipulated by Articles 30.1 and 30.2 of this Federal Law, the nature of the corruption offense committed by an employee of the Investigative Committee, the circumstances under which it is committed, compliance with the Investigative Committee of other restrictions and prohibitions, the requirements for prevention or conflict settlement Interests and fulfillment of their duties established in order to combat corruption, as well as the preceding results of the execution by an employee of the Investigative Committee of their official duties.
4. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied no later than one month from the date of the receipt of information on the employee of the investigative committee of the corruption offense, not counting the period of temporary disability of the employee of the Investigative Committee, his stay on vacation, other cases of its absence in service For good reasons, as well as the time of testing and consideration by its materials by the Commission for compliance with the requirements for the official behavior of federal civil servants and the settlement of the conflict of interest (attestation commission). At the same time, recovery should be applied no later than six months from the date of the receipt of information on the commission of corruption offenses.
5. In the act on application to the employee of the investigating committee of recovery in the event of a corruption offense, Article 30.1 or 30.2 of this Federal Law is indicated as a basis for the application of recovery.
6. A copy of the act on application to the employee of the investigative committee of recovery indicating the corruption offenses and regulatory legal acts, whose provisions of them are violated, or to refuse to apply to the employee of the Investigative Committee of such a recovery, with an indication of the motives, a personnel of the Investigative Committee on receipt within five days Day of publication of the appropriate act.
7. The Employee of the Investigative Committee has the right to appeal against the recovery in writing in the prescribed manner.
8. If within one year from the date of application of the recovery, an employee of the Investigative Committee was not subjected to a disciplinary recovery provided for in paragraph 1, 2, 3, 4, 5, 6 or 7 of paragraph 1 of Article 28 of this Federal Law, or the recovery provided for in Article 30.1 of this Federal law, it is considered not penalties.
Article 31. Guarantees of the Investigative Committee, elected (appointed) member of the Federation Council, deputy of the State Duma, a deputy of the legislative (representative) state authority of the subject of the Russian Federation, a deputy of the representative body of the municipal entity or the elective officer 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.
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.
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.
1. In order to ensure a high professional level of employees of the Investigative Committee, there is a system for 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.
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; Supports for a scientist degree and scholarship in a specialty corresponding to official duties, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "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 of the Chairman of the Investigative Committee is established by the President of the Russian Federation.
3. Official salaries of the Investigative Committee's employees 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 official salary of the Chairman of the Supreme Court of the 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. A surcharge or percentage allowance for service is carried out monthly and is established as a percentage of the official salary (salary by position) and pay extra charge (salary on the military rank) 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 and standards that are established by the legislation of the Russian Federation for persons who have served in the internal affairs bodies and members of their families (with the exception of the provisions of part of the second article 43 of the Law of the Russian Federation from 12 February 1993 of N 4468-1 "On the pension provision of persons held military service, service in the internal affairs bodies, state fire-fighting service, organs for controlling the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" ). Persons held in the Investigative Committee, in length of years for the appointment of a pension, calculated in accordance with the legislation of the Russian Federation for persons who served in the internal affairs bodies, and their families, their service life is also counted in the federal executive authorities or federal state bodies in accordance with the list approved by the Government of the Russian Federation. The procedure for calculating the length of years for the appointment of pensions to employees of the Investigative Committee, taking into account the peculiarities of the service in the investigative committee, is determined by the Government of the Russian Federation.
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 by part 13 of this article, is paid output allowance for 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 salary with a surcharge for a special title or with salary by military rank;
2) from 10 to 15 calendar years - 10 official salaries with a surcharge for a special title or with salary by military rank;
3) from 15 to 20 calendar years - 15 official salaries with a surcharge for a special rank with salary by military rank;
4) 20 or more calendar years - 20 official salaries with a surcharge for a special title or with salary by military rank.
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 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, by 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 are entitled to compensate for the costs associated with the hiring (delivery) of residential premises, prior to the provision of residential premises for permanent residence in the prescribed manner. The amount of this compensation and the procedure for 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 care (including providing drugs) Employees of the Investigative Committee and members of their families 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 on the Day of Entry into force of this Federal Law, the right to retire, relying on them and on the standards, which are established by the legislation of the Russian Federation for prosecutors, have the right to receive a specified pension in the preserved amount instead of a pension that could It is assigned to them when dismissing from service in the investigative committee.
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 on compulsory state insurance (hereinafter - insurers) may have 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 in 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 the employee dismissed in the Investigative Committee, if it came due to injury or other harm due to the performance of official duties, disabled family members of this employee In his dependency, the compensation was paid monthly in the form of a difference between the difference between the monetary maintenance of the deceased (deceased) employee and the pension appointed by him on the occasion of the loss of the breadwinner excluding the amount of payments obtained on compulsory public personal 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 into the number of family members who were on his dependence, 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 to pay insurance sums, compensation, the implementation of 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 this article, it is understood by the execution by an employee of official duties within its official powers established 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.
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 to ensure the activities of military investigative bodies of the Investigative Committee1. The Military Investigation Bodies of the Investigative Committee exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the 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.
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 military investigative bodies of the Investigative Committee are encouraged and carrying 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.
1. The legislation of the Russian Federation, establishing legal and social guarantees for military personnel, the procedure for their pension provision (with the exception of the provisions of the Second Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, applies to military investigative bodies of the Investigative Committee. Persons held military service, service in the internal affairs bodies, public fire service, organs to control the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families, medical and other collaboration of the peculiarities established by this Federal Law .
(as amended by Federal Law of 08.11.2011 N 309-FZ)
2. The monetary allowance of military personnel of the Investigative Committee consists of salary; salary on military rank; premiums for the special nature of the service (in the amount of 50 percent of the salary by position); surcharges for complexity, tension and special service mode; percentage surcharge for long service (in the amount provided for by part 5 of Article 35 of this Federal Law); premiums for a scientist degree and academic title, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "Honorary Officer of the Investigative Committee of the Russian Federation" (in the sizes provided for by parts 8 and 9 of Article 35 of this Federal Law); 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 using the coefficient of 1.5, which is not taken into account when calculating pensions in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons held by military service, service in the internal affairs bodies, state fire service, organs for monitoring drug trafficking and psychotropic substances, institutions and bodies of the penitentiary system, and their families." 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.
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 the budget legislation of the Russian Federation.2. The material and technical support of the military investigative bodies of the Investigative Committee, the allocation of service premises, transportation, communications and other types of security and contentment 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, according to 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 the organization and activities of the investigative committee by the consumables of the Russian Federation.2. Ensuring the investigative bodies and institutions of the Investigative Committee with transport and technical means and ensuring employees of the Investigative Committee shaped clothing are carried out in a centralized manner by 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, criminalistic and special equipment are established by the Chairman of the Investigative Committee.
4. The Investigative Committee may have a specialized housing fund formed in the manner established by the Government of the Russian Federation.
Prosecutor's Office of the Russian Federation to providing certificates, bookcans, 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 social and legal protection measures provided for by the legislation of the Russian Federation for prosecutor workers Prosecutor's Office of the Russian Federation.
4. Leader years of employees of the Investigative Committee, calculated in the bodies of the Prosecutor's Office of the Russian Federation, is counted in service of years 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. The time of stay in the classrooms of prosecutor's employees of the Investigative Committee under the Prosecutor's Office of the Russian Federation is counted when appropriate to employees of the investigative committee of the Russian Federation of regular special ranks.
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 terms for the provision of basic and additional leave are preserved, estimated periods for calculating the average earnings, benefits and compensations calculated during their service in the investigative committee in 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.
1. This federal law enters into force on January 15, 2011, with the exception of this Federal Law.
The president
Russian Federation
D.Medvedev
Moscow Kremlin
The site "Zakonbase" offers a federal law of 28.12.2010 N 403-FZ (ed. From 07.05.2013 with changes that have entered into force from 05/19/2013) "On the Investigative Committee of the Russian Federation" in the latest edition. Observe all the requirements of the legislation simply, if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislation on the topic of interest, it is worth using convenient navigation or expanded search.
On the site "Zakonbase" you will find a federal law of 28.12.2010 N 403-FZ (ed. From 07.05.2013 with changes that have entered into force on 05/19/2013) "On the Investigative Committee of the Russian Federation" in the fresh and full version in which All changes and amendments have been made. This ensures the relevance and accuracy of the information.
At the same time, the Federal Law dated December 28, 2010 No. 403-ФЗ (ed. From 07.05.2013 with changes that have entered into force on 05/19/2013) "On the Investigative Committee of the Russian Federation" can be completely free of charge, both fully and individual chapters.
Within the Russian Federation, various law enforcement structures and human rights instances perform each task. In order to improve the quality and effectiveness of the Prior Investigation Programs on December 22, 2010, the President of the Russian Federation signed the FZ on the formation of the Investigative Committee. Prior to the entry into this Law, the legal force of the SC acted under the prosecutor's office, but the legislation separated this structure into a separate state authority. To lead the work of the SC in the Russian Federation will be personally president. The main activity of this state structure will be criminal proceedings.
It is quite difficult to understand the peculiarities and the consequences of the FZ. The only effective solution in this situation will consult a lawyer. The specialist in this field of legal relations will explain what authority employees of the Investigation Committee will be endowed, how to become a member of the SC team will help bypass the "sharp corners" of the current FZ.
On the territory of the Russian Federation today there are many commercial companies providing legal services to citizens on a fee basis. An alternative option will be advised by the lawyer online.
The remote lawyer will answer any questions and will give argued recommendations. Contact an expert within the Russian Federation using an electronic application or by phone.
Legal advice online guarantee savings, time and means of applicants. The specialist will quickly select a set of measures based on the individual circumstances of the case.
Organization and activities of the Investigative Committee
The Investigation Committee of the Russian Federation will act, relying on the legal basis and the principles of the Federal Law. In the authority, the SC will investigate or control for:
- crimes of special gravity;
- at the atrocities associated with minor citizens of the Russian Federation;
- crimes claims in the criminal sector;
- denunciation of citizens about committing offenses;
- the legality and validity of events organized by the investigative structures.
FZ from 2010 guarantees SK complete independence from investigative structures. Individuals, participants in public organizations and other government instances are not entitled to influence or pressure on the decrees and organizational activities of the Investigative Committee of the Russian Federation. The structure will act in the Russian Federation, regardless of the permission of federal structures and regional authorities.
Information on actions from the representatives of this state organization can only be published if there is permission from the head of the SC department.
It is important to note that representatives of the Investigative Committee of the Russian Federation have a wide range of powers, namely they can:
- without the consent of the federal bodies entering the territory or to the building of enterprises, organizations, private possessions, and verify documentation;
- enter residential at home and apartments without notifying the owner, there is a representative of the SC, there is reason to believe that it hides a criminal or suspect in a crime;
- demand from citizens, legal entities and IP to provide documents, information and all data that will help in investigating specialists;
- conduct persons for interrogations and other events, such as participation in the investigative experiment.
Refusing to implement the decisions of the Investigative Committee, it should be understood that citizens face responsibility, according to the Federal Law of the Russian Federation.
Service in the Investigation Committee of the Russian Federation and the requirements for employees
It is important to say that the representatives of the SC closely cooperate with various investigative bodies and structures. If necessary, the representative of the Investigative Committee of the Russian Federation may be present at the meetings, to participate in the preparation of the plan for the detention of attackers, etc. The Investigation Committee has a clear structure and system of work. The Federal Law establishes that the head of the organization has a central office that manages regional investigative departments and smaller offices in cities and other constituent entities of the Russian Federation.
To enroll in the Investigation Committee of the Russian Federation, applicants must comply with a number of requirements, namely:
- be subject to the Russian Federation;
- get higher education in the legal direction;
- have high moral views and professional data;
- place good physical skills.
Only lawyers are appointed over 30 years old and having experience in law enforcement agencies for at least 5 years. The committee employees are civil servants, so they are subject to standard requirements and restrictions presented in the Federal Law "On Countering Corruption" and other draft laws.
Citizens who are first attracted to work in this structure may be subject to verification. The probationary period in the organization may not exceed six months.
The duration of the inspection depends on the post assumed and can be reduced by agreement of the parties. Having arranged to work in the SC, the specialists will give the oath, according to which they undertake to keep the state secret, respect the constitution, protect the law and order, protect the interests of citizens and the state.
In order to verify and determine the level of professionalism and the compliance of the replaced position, the Employees of the Investigative Committee should undergo special certification. Its deadlines, the procedure for holding and the program establishes the Chairman of the RF IC.
Military structures with the investigative committee
Military bodies with the investigative committee of the Russian Federation will implement their powers in military formations and structures. The officers who are in service in the SC, according to the current Federal Law, will be recognized as military personnel of the Russian Federation and will receive all government privileges, social benefits and material protection, which have laid this category of citizens. They also use disciplinary recovery and various promotions corresponding to the FZ and the Charter of the Armed Forces. Employees of the military structures of the Investigative Committee on the territory of the Russian Federation can count on legal and social guarantees, pension funding, insurance, etc.
The material content of employees consists of several parts, namely:
- monthly salary, according to his position;
- salary for military status;
- premiums for features and conditions of service;
- surcharges for long service;
- payments for the complexity and difficulties in fulfilling labor obligations.
It is worth noting that the servicemen and members of their families can count on various social benefits - when paying for the communal sphere, travel in public transport, etc. In a preferential manner can get housing or make mortgage lending on favorable terms at reduced interest rates. After retirement to the state subsidies, the service for long service can be added and the work experience.
Material funding and technical base of military structures of the Investigative Committee is formed at the expense of the budget of the Ministry of Defense.
THE RUSSIAN FEDERATION
THE FEDERAL LAW
About the investigative committee of the Russian Federation
Chapter 1. General
Article 1. Investigative Committee of the Russian Federation
1. The Investigation Committee of the Russian Federation (hereinafter also also - the Investigative Committee) is a federal state body exercising 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 operates the activities of the Investigative Committee, approves the provision on the Investigative Committee of the Russian Federation, the list of posts in the Investigative Committee of the Russian Federation, which provides for the assignment of higher special ranks, and establishes the staff of the Investigative Committee, including the staff of military investigative bodies 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, initiating criminal cases, the production of preliminary investigation and forensic examination, 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;
3.1) Organization and production in the forensic institution of the investigative committee of judicial examinations appointed in accordance with the criminal procedure legislation of the Russian Federation;
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) the 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;
7) improving regulatory regulation in the established field of activity;
8) determining the procedure for the formation and provision of statistical reports and reporting on the activities of the investigative bodies and institutions of the Investigation Committee, 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 the federal state authorities, the state authorities of the constituent entities of the Russian Federation, local governments, public 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 of the activities of the Investigative Committee
The legal basis for the activities of the Investigative Committee are the Constitution of the Russian Federation, generally accepted principles and norms of international law and international treaties of the Russian Federation, Federal Constitutional Laws, this Federal Law and other federal laws, the Regulation on the Investigative Committee of the Russian Federation, as well as other regulatory legal acts of the Russian Federation.
Article 3. International cooperation
The Investigation Committee interacts within its powers with the competent authorities of foreign countries 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.
Article 4. 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 constituent entities of the Russian Federation (including their administrative units) and their specialized (including military) investigative governments 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 - the forensic institution, scientific and educational organizations 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, the senior investigator on particularly important cases at the Chairman of the Investigative Committee of the Russian Federation, 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.
1.1. The forensic institution of the Investigative Committee acts regardless of the investigative bodies of the Investigative Committee. Employees and heads of the forensic expert institution of the Investigative Committee cannot be endowed with the authority of investigators and leaders of the investigative bodies 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 of 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 Investigation Committee in their official activities are 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 pedagogical, scientific and other creative activities. At the same time, pedagogical, scientific and other creative activities cannot be financed exclusively at the expense of foreign countries, international and foreign organizations, foreign citizens and stateless persons, 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 intervention 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 premises belonging to the land plots belonging to them in the suppression of the commission of a crime, persecution of persons suspected of committing a crime, or the availability of sufficient data to believe that there is committed or a crime;
3) demand from managers and other officials of bodies, enterprises, institutions and organizations specified in paragraph 1 of this part, providing the necessary documents, materials, statistical and other information, the allocation of specialists to determine the reporting of the crime and conducting a preliminary investigation during the verification questions; 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 report on the crime, conducting a preliminary investigation or the implementation of other powers, are binding on 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 meetings of the chambers of the Federal Assembly of the Russian Federation, their committees and commissions, the Government of the Russian Federation, the federal executive bodies, 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.
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, as well as investigators have the right to participate in the consideration of submissions made by them to eliminate the circumstances that contributed to the commission of a crime and consider other information of the investigative committee. 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 bodies 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. Participation of the Investigative Committee in law-conducting activities
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.
3. The Investigation Committee adopts 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, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation.
4. The regulatory legal acts of the Investigative Committee, affecting the rights, freedoms and obligations of a person and a citizen who establish the legal status of organizations or with interdepartmental nature are subject to state registration and publication in the manner prescribed for state registration and publication of regulatory legal acts of federal executive bodies.
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, petitions in criminal cases, complaints of actions (inaction) and solutions to the leaders of the investigative committee and investigators in the manner prescribed by 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 the event that during the verification of the appeal on the offense, the absence in the Act of the Crimination will be established, but the presence of signs of an administrative offense, the head of the investigative body of the Investigative Committee sends the relevant materials to the authority, the authority, whose competence includes the decision of the recovery By the liability of the person who committed such an offense.
Chapter 2. Investigative Committee and Organization
Activities of the investigative committee
Article 12. Investigative Committee System
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;
4) criminalistic divisions of the Investigative Committee (Main Governance, Department and Departments for Federal Districts, Management and Departments on the Subjects of the Russian Federation).
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, a forensic expert institution, scientific and educational organizations, as well as other organizations needed to ensure its activities can be created.
4. In the investigative bodies of the Investigative Committee and their divisions, as well as in the institutions of the Investigative Committee, they are formed in accordance with the Lists (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 special assistants. , investigators, senior investigators, investigators on particularly important cases, senior investigators on particularly important cases, criminalist investigators, senior criminale 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 obligatory for execution by all employees, federal state civil servants and employees of the Investigative Committee, orders, orders, instructions, approves the provisions and instructions governing the organization of the activities of the Investigative Committee's system and the procedure for the implementation of individuals of the material and social welfare of these persons;
3) approves within its competence structure and staffing of the central office, investigative bodies and institutions of the Investigative Committee, as well as a list of military posts of military investigative bodies of the Investigative Committee, with the exception of military posts to be replaced by the highest officers;
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.
4.1. The Chairman of the Investigative Committee is obliged to report in the manner prescribed by the President of the Russian Federation, on the occurrence of personal interest in the performance of official duties, which leads or can lead to a conflict of interest, as well as take measures to prevent or resolve such a conflict.
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. The procedure for passing the service of military investigative bodies of 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 characteristics provided 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. Appointment for posts included in the list of posts in the Investigative Committee of the Russian Federation, according to which the assignment of higher special ranks is provided, and exemption from these posts is carried out by the President of the Russian Federation on the submission of the Chairman of the Investigative Committee.
7. The appointment of the Acting position included in the list of posts in the Investigative Committee of the Russian Federation, according to which the assignment of higher special ranks is provided, with the exception of the posts of the Chairman of the Investigative Committee, the First Deputy and Deputy Chairman of the Investigative Committee, and the exemption from the performance of obligations for this position carried out by the Chairman of the Investigative Committee. On the appointment of the person acting on a vacant position and the release of responsibilities under this position, the Chairman of the Investigative Committee is obliged to immediately inform the President of the Russian Federation. The deadline for the fulfillment of responsibilities for a vacant position may not exceed six months. The same person can be appointed acting on the same vacant position for no more than two times.
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 referred to as citizens) who received higher legal education on the educational program with state accreditation with the necessary professional and moral qualities and able to fulfill their official responsibilities for them.
2. The positions of investigators, assistants of investigators and assistants investigators-criminalists of 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 in the manner determined by the Chairman of the Investigative Committee may Assigns to citizens who are enrolled in the educational program of higher education, relating to the enlarged group of specialties and areas of training "jurisprudence", not less than half of the date of receipt of the education established by the Federal State Educational Standard, and not having academic debt.
3. Citizens who do not have higher legal education may be appointed to certain positions of the Federal State Service in the Investigation Committee, if they have other higher education, obtained by the state accreditation of the educational program 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 across the court sentence, which has entered into force, has a criminal record or had a criminal record, which is removed or redeemed, in relation to its criminal prosecution, it is subject to 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 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 prevents the investigative committee in the investigating authorities and the establishment of an employee of the Investigative Committee to serve into the investigative authorities. The procedure for medical examination for the presence or absence of a disease that prevents the commission in the investigating authorities and the institutions of the Investigation Committee, the execution of official duties of the employee of the Investigative Committee, the list of such diseases and the form of medical report are approved by the Government of the Russian Federation;
5) consists in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with an employee or federal state civil servant of the Investigative Committee and if the position of the Federal State Service office or Federal State Civil Service 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 restriction and did not perform the duties established by the Federal
5. Citizens who receive higher legal education on the public accreditation of educational programs on the basis of student agreements concluded between them and the Investigative Committee, in accordance with the agreements concluded with them are obliged to undergo a service in investigative bodies or institutions of the Investigative Committee 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 establishment of the Investigative Committee, the reduction in the number or staff of the Employees of the Investigative Committee), these persons are fully reimbursed by the costs 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 bodies (with relevant federal executive bodies), prosecutors, judicial bodies for at least 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 specialty in the investigative committee, investigative bodies of federal executive bodies (with relevant federal executive bodies), prosecutors, judicial bodies for 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, persons who have 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, 20 and 20.1 of the Federal Law "On the State Civil Service of the Russian Federation".
Article 18. Test when admission to the service in the Investigation Committee
1. For citizens, for the first time taken to service in the Investigation Committee, with the exception of citizens who completed the educational organizations of the Higher 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:
it is holy 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 workers of the Investigative Committee are subject to certification in the manner determined by the Chairman of the Investigative Committee, taking into account the characteristics 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. Office 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 business of the employee, the Federal State Civil servant of the Investigative Committee
1. In the personal case of the employee, the Federal State Civil servant of the Investigative Committee are its personal data and other information related to the service in the Investigation Committee, its passage, level of education, receiving additional professional education and dismissal from 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, at introduction to the personal cause of their 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. Uniforms
1. Employees of the Investigative Committee are provided by uniform clothing or military form of clothing in the order and according to 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 at the court hearing in accordance with its powers, as well as in other cases of its official representation, wearing uniform clothing or military uniforms of clothing.
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 The fulfillment of your official duties, the commission of misconduct, the honor of the employee of the Investigative Committee, or deprived of a special or military title by the court sentence, have the right to wear shaped clothing or military shape.
Article 25. Leaving Employees of the Investigative Committee
1. Employees of the Investigative Committee are granted annual main paid leave of 30 calendar days without taking into account the next time for the vacation location and back.
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 established by the Government of the Russian Federation, but at least 45 calendar days.
2.1. Employees of the Investigative Committee, employees of scientific and educational institutions of the Investigative Committee, which serves service in the regions of the Far North, equivalent to these areas and other areas with unfavorable climatic or environmental conditions, including remote, where coefficients are established (district, for service in high-mountainous areas, For the service in desert and anhydrous localities), or in the bodies and institutions of the Investigative Committee located in the subject of the Russian Federation, a member of the Urals, Siberian or Far Eastern Federal District, or outside the territory of the Russian Federation, the fare is paid to the place of main vacation in the territory (within) the Russian Federation and back once a year, unless otherwise provided by federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation. If the site of the main holiday is the sanatorium-resort organization, jumped by the Investigative Committee, in which the persons listed in this Part are aimed at treating a medical organization in which they are registered, the fare to the location of the sanatorium-resort organization and is referred to Also one of the members of their families (in the case of a direction for treatment with a medical organization in which it is registered). The procedure for payment of travel is established by the Chairman of the Investigative Committee.
3. Employees of the Investigative Committee are provided annual additional paid leave for long service 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 years of service, for the provision of annual additional paid leave, it is included in the calendar calculation of the periods of service in the investigative committee in the posts on which the assignment of special or military ranks is provided, in the bodies and organizations of the Prosecutor's Office of the Russian Federation in the positions of prosecutors, investigators, scientific and pedagogical workers, as well as interns, periods of military service, service in the internal affairs bodies of the Russian Federation, the State Fire Service, the bodies for the control of drugs and psychotropic substances, institutions and bodies of the penitentiary system, the organs of the forced execution of the Russian Federation, periods of service in Federal bodies of the tax police and customs authorities of the Russian Federation as employees who have special ranks, periods of work as a judge.
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, a cash compensation is paid 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 for Service to another locality
1. The translation of the employee of the Investigative Committee in the interests of the service to another locality is allowed from his written consent, and when transferring to the area with special climatic conditions, in the presence of a medical conclusion about the possibility of this health care personnel, the form of which is approved by the Government of the Russian Federation.
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. Encouraging and rewarding employees 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 Chairman 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. A particularly distinguished employee of the Investigative Committee may be submitted to awarding the state awards of the 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 apply to it:
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.
1.1. In cases stipulated by the Code of Administrative Offenses, employees of the Investigative Committee of the Russian Federation for committing an administrative offense are disciplinary responsibility.
2. The Chairman of the Investigative Committee has the right to apply all types of disciplinary penalties to employees of the Investigative Committee.
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 with 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) achieve the maximum age 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, expenses, property and property obligations, as well as income, expenses, property and property obligations of a 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 workers) is 65 years.
4. The term of stay in the Investigative Committee of the employee who has reached the limit age established by 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 can be extended until this age is 70 years old.
5. Extending the term of stay in the Service Investigative Committee of the employee who has a disease that prevents the execution of official duties, and an employee who has reached the age of 70 years (with the exception of scientific and pedagogical workers) is not allowed. After achieving this age, the employee may continue to work in the investigative bodies or institutions of the Investigative Committee on the conditions of an urgent employment contract with the preservation of a complete monetary content provided for in paragraph 1 of Article 35 of this Federal Law, as wages.
Article 30.1. Recovery for non-compliance with restrictions and prohibitions, requirements for preventing or on resolving the conflict of interests and non-fulfillment of duties established in combating corruption
For non-compliance with the Employee of the Investigative Committee of restrictions and prohibitions, requirements for the prevention or conflict of conflict of interests and non-fulfillment of duties established in order to counter corruption by this Federal Law, the Federal Law of December 25, 2008 N 273-FZ "On Countering Corruption" and other federal laws , implies the recovery provided for by part 1 of Article 28 of this Federal Law.
Article 30.2. Dismissal in connection with the loss of confidence
1. The employee of the Investigative Committee is to be dismissal due to confidence in the case of:
1) non-acceptance by an employee of the Investigative Committee to prevent and (or) resolve the conflict of interest, the party whose party is;
2) failure to provide an employee of the investigative committee of information about its income, costs, property and property obligations, as well as income, expenses, property and obligations of the property nature of their spouses (spouse) and minor children or submission of obviously unreliable or incomplete information;
3) the participation of an employee of the Investigative Committee on a fee basis in the activities of the Office of the Commercial Organization, with the exception of cases established by the Federal Law;
4) implementing an employee of the investigative committee of entrepreneurial activities;
5) entering the employee of the Investigative Committee to the Office, Boardist or Supervisory Boards, other bodies of foreign non-profit non-governmental organizations and their structural units operating in the Russian Federation, unless otherwise provided by the International Treaty of the Russian Federation or the legislation of the Russian Federation;
6) violations by an employee of the Investigative Committee, his wife (spouse) and minors in cases provided for by the Federal Law "On the prohibition of individual categories of persons to discover and have accounts (deposits), to keep cash and values \u200b\u200bin foreign banks located outside the territory of the Russian Federation, own and (or) enjoy foreign financial instruments, "prohibiting to discover and have accounts (deposits), keep cash and values \u200b\u200bin foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments. At the same time, the concept of "foreign financial instruments" is used in the meaning determined by the federal law.
2. An employee of the Investigative Committee, who is the head of the investigative body of the Investigative Committee, who became aware of the emergence of an employee of a personal interest, which leads or can lead to a conflict of interests, is to be dismissal due to the loss of confidence in the event of an employee of the investigative committee, which is Head of the Investigative Body of the Investigative Committee, measures to prevent and (or) to resolve the conflict of interest, whose party is subordinate to him by an employee.
3. Information on the application to the employee of the investigating committee of recovery in the form of dismissal in connection with the loss of confidence for the commission of corruption offenses is included in the investigative committee into the register of persons dismissed in connection with the loss of confidence provided for in Article 15 of the Federal Law of December 25, 2008 N 273-FZ "On countering corruption."
Article 30.3. The procedure for applying corruption offenses
1. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied in the manner prescribed by the legislation of the Russian Federation governing the issues of service in the investigative committee, taking into account the characteristics established by this article.
2. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied on the basis of a report on the results of the inspection conducted by the Foreign Authority Division of the Investigative Authority or the establishment of the Investigative Committee for the Prevention of Corruption and Other Offenses, and in the event that the report on the results of the inspection was sent to the Commission To comply with the requirements for the official behavior of federal state employees and the settlement of the conflict of interest (attestation commission), and on the basis of the recommendation of this Commission. With the consent of the employee of the Investigative Committee and, subject to the recognition of the fact of committing a corruption offense, with the exception of dismissal in connection with the loss of confidence, can be applied on the basis of the report of the personnel department of the Investigative Body or the establishment of the Investigative Committee for the Prevention of Corruption and other offenses of the corruption offense which outlines the actual circumstances of his commitment and a written explanation of such an employee.
3. When applying the penisters stipulated by Articles 30.1 and 30.2 of this Federal Law, the nature of the corruption offense committed by an employee of the Investigative Committee, the circumstances under which it is committed, compliance with the Investigative Committee of other restrictions and prohibitions, the requirements for prevention or conflict settlement Interests and fulfillment of their duties established in order to combat corruption, as well as the preceding results of the execution by an employee of the Investigative Committee of their official duties.
3.1. Recovery in the form of comments or amendment can be applied to the employee of the Investigative Committee with the insignificance of the corruption offense committed by him.
4. The recovery provided for in Articles 30.1 and 30.2 of this Federal Law is applied no later than six months from the date of the receipt of information on the employee of the Investigative Committee of the Corruption Offense, not counting the time of the employee's illness, staying on vacation, and no later than three years from the day they are committed Corruption offense. The time of production in the criminal case does not turn on this time.
5. In the act on application to the employee of the investigating committee of recovery in the event of a corruption offense, Article 30.1 or 30.2 of this Federal Law is indicated as a basis for the application of recovery.
6. A copy of the act on application to the employee of the investigative committee of recovery indicating the corruption offenses and regulatory legal acts, whose provisions of them are violated, or to refuse to apply to the employee of the Investigative Committee of such a recovery, with an indication of the motives, a personnel of the Investigative Committee on receipt within five days Day of publication of the appropriate act.
7. The Employee of the Investigative Committee has the right to appeal against the recovery in writing in the prescribed manner.
8. If within one year from the date of application of the recovery, an employee of the Investigative Committee was not subjected to a disciplinary recovery provided for in paragraph 1, 2, 3, 4, 5, 6 or 7 of paragraph 1 of Article 28 of this Federal Law, or the recovery provided for in Article 30.1 of this Federal law, it is considered not penalties.
Article 31. Guarantees of the Investigative Committee, elected (appointed) member of the Federation Council, deputy of the State Duma, a deputy of the legislative (representative) state authority of the subject of the Russian Federation, a deputy of the representative body of the municipal entity or the elective officer 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. Additional vocational education of the Employee of the Investigation Committee
1. Additional professional education of the Employee of the Investigative Committee is carried out at least once every three years while maintaining monetary detention period.
2. The results of additional professional education of the employee of the Investigative Committee are taken into account when deciding on the compliance of this employee of a replaced position, its promotion and promotion.
3. Additional professional education of employees of the Investigative Committee is carried out at the expense of the federal budget budget allocations.
Article 34.1. Preparation of scientific and pedagogical personnel in the investigative committee system
1. Employees of the Investigative Committee, adopted for training programs for training scientific and pedagogical personnel in postgraduate studies in full-time to scientific and educational organizations of the Investigative Committee on the basis of student agreements concluded between them and the Investigative Committee, as well as implementing the procedure implemented in the Russian Federation established by the legislation Thesis for a degree in scientific and educational organizations of the Investigative Committee is exempt from a replaced position and submitted to the relevant scientific or educational organizations with preservation of official salaries (salary by position), surcharges for a special title (salary on military rank) and surcharges (Supplements) for long service, at the same place of service.
2. The time of obtaining higher education under the program for the preparation of scientific and pedagogical personnel in graduate school in scientific and educational organizations of the Investigative Committee, as well as the time of preparation in the laws of the dissertation for a scientific degree in these organizations, the employee of the Investigative Committee in the length of service, which gives The right to assign an next special title, surcharge (surcharge) for long service and the appointment of a service for long service, subject to the continuation of their service in the investigative committee no later than one month after receiving higher education or protection of the dissertation for a degree degree.
Article 35. Material and Social Security of 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 175 percent of the official salary), the complexity, tension and high achievements in the service; Supports for a scientist degree and scholarship in a specialty corresponding to official duties, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "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 of the Chairman of the Investigative Committee is established by the President of the Russian Federation.
3. Official salaries of the Investigative Committee's employees 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 official salary of the Chairman of the Supreme Court of the 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. A surcharge or percentage allowance for service is carried out monthly and is established as a percentage of the official salary (salary by position) and pay extra charge (salary on the military rank) 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. The procedure for calculating the length of years to establish an additional payment provided for by part 5 of this article, the Employees of the Investigative Committee are determined by the Chairman of the Investigative Committee.
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 positions in the Investigative Committee (with the exception of military personnel) establishes a monthly cash promotion, calculated on the basis of their official salaries in size in accordance with Annex to this Federal Law. The President of the Russian Federation, employees who replacing the individual public positions of the Russian Federation or the position of the Federal State Civil Service in the Investigation Committee, an additional monthly monetary promotion may be established.
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 and standards that are established by the legislation of the Russian Federation for persons who have served in the internal affairs bodies and members of their families (with the exception of the provisions of part of the second article 43 of the Law of the Russian Federation from 12 February 1993 of N 4468-1 "On the pension provision of persons held military service, service in the internal affairs bodies, state fire service, organs to control the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, forced execution authorities of the Russian Federation, and their families "), with the peculiarities provided for by this Federal Law. Persons held in the Investigative Committee, in length of years for the appointment of a pension, calculated in accordance with the legislation of the Russian Federation for persons who served in the internal affairs bodies, and their families, their service life is also counted in the federal executive authorities or federal state bodies in accordance with the list approved by the Government of the Russian Federation. The procedure for calculating the length of years for the appointment of pensions to employees of the Investigative Committee, taking into account the peculiarities of the service in the investigative committee, is determined by the Government of the Russian Federation.
13.1. Employees of the Investigative Committee and members of their families whose pension provision is carried out in accordance with this article, a monthly allowance for a pension in the amount corresponding to the amount of additional charges for a special title, established by part 4 of this article, with the use of coefficients established by the Decree of the President of the Russian Federation, is paid. This monthly allowance for retirement is taken into account in the pension. Employees of the Investigative Committee and members of their families whose pensions are calculated with the use of district coefficients, the monthly allowance for pension is calculated using these coefficients.
13.2. Official salary, surcharge for a special title, surcharge for years of service and a monthly allowance for pensions, of which pensions are calculated, are indexed in accordance with the Federal Law on the Federal Budget for the relevant financial year and planning period.
13.3. Pensions of persons specified in Part 13.1 of this article, from February 1, 2018, are calculated from the official salary, surcharges for the special title, surgery for long-term years and from a monthly allowance for pensions, elevated (indexed) as of the day on the day of the appointment or recalculation of the pension. At the same time, the sizes of official salary, surcharge for the special title, surgery for long service and the monthly allowance for pensions, of which pensions are calculated, are rounded to kopecks after each indexation.
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 by part 13 of this article, is paid output allowance for 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 salary (salary by position) with a surcharge for a special title or with salary by military rank;
2) from 10 to 15 calendar years - 10 official salaries (salary by position) with a surcharge for a special title or with salary by military rank;
3) from 15 to 20 calendar years - 15 official salaries (salary by position) with a surcharge for a special title or with salary by military rank;
4) 20 or more calendar years - 20 official salaries (salary by position) with a surcharge for a special title or with salary by military rank.
17.1. In the service of years for the payment of the day off, the periods are included in the calendar estimation periods to be credited to seniority years to assign a pension in accordance with Part 13 of this article.
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.
20.1. The employee of the Investigation Committee once a year is paid for the fare of railway, air, water and automotive (except taxis) by transport to the place of finding a sanatorium-resort organization, a subordinate to the Investigative Committee, and back (in case of referral to treatment with a medical organization in which it consists on accounting). The procedure for payment of travel is established by the Chairman of the Investigative Committee. If an employee of the Investigative Committee has the right to pay for the cost of travel on the basis of part 2.1 of Article 25 of this Federal Law, payment of the cost of travel is made only one of the grounds for its choice. The employee of the Investigative Committee who receives a pension in the manner prescribed by Part 13 of this article (with the exception of persons dismissed on the grounds specified in paragraphs 3 - 6 of Part 2 of Article 30 and Article 30.2 of this Federal Law), and one of the members of his family, as well as The employee of the Investigative Committee, dismisted from the investigative bodies or institutions of the Investigative Committee and the disabled disabled due to injury or other damage to the health obtained in connection with the performance of official duties, or as a result of the disease received during the period of service in the investigative authorities or institutions of the Investigative Committee, monetary compensation is paid. expenses associated with paying the cost of travel railway, air, water and automotive (except taxis) by transport to the place of finding a sanatorium-resort organization, subordinated to the Investigative Committee, and back (once a year). The procedure for compensation for travel costs is determined by the Chairman of the Investigative Committee.
21 - 24. We have lost strength. - Federal Law of December 31, 2017 N 492-FZ.
25. Children of the Investigative Committee's staff are provided with extraordinary places in pre-school educational organizations, general education organizations with boarding schools, summer wellness institutions.
26. Medical support (including the provision of drugs for medical use) Employees of the Investigation Committee and their families living with them are carried out at the expense of the federal budget.
27. Medical support that receives a pension of employees of the Investigative Committee and members of their families, as well as parents, spouses and juvenile children of the dead (dead) employees, are carried out in accordance with part 26 of this article in the medical organizations in which they were registered.
28. Employees of the Investigative Committee on the Day of Entry into force of this Federal Law, the right to retire, relying on them and on the standards, which are established by the legislation of the Russian Federation for prosecutors, have the right to receive a specified pension in the preserved amount instead of a pension that could It is assigned to them when dismissing from service in the investigative committee.
Article 35.1. Ensuring employees of the investigative committee by residential premises
1. Ensuring employees of the investigative committee by residential premises, taking into account the members of their families together and under the conditions established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, within the budget allocations provided for by the Investigative Committee, By providing employees of the Investigative Committee of a one-time social payment for the acquisition or construction of residential premises (hereinafter - a lump-sum social payment).
2. Employees of the Investigative Committee and Persons specified in Part 21 of this article, on the basis of their appeal or with their consent instead of a one-time social payment in the presence of the foundations provided for by this article and the conditions for its receipt may be provided with residential premises to the decision of the Chairman of the Investigative Committee.
3. One-time social payment is provided to employees of the Investigative Committee, which has a service experience at least 10 years in calendar calculation of the Prosecutor's Office of the Investigative Committee in the Prosecutor's Office of the Russian Federation and (or) employees of the Investigative Committee and recognized in need of residential premises, once for the entire period of state Services, including services in the Investigation Committee.
4. In order to provide a one-time social payment or residential premises to the property in need of residential premises, an employee of the Investigative Committee is recognized:
2) who is the employer of the residential premises under a social hire agreement or a contract of hiring residential premises of the Housing Fund of Social Use, a member of the family of the tenant of residential premises under a social hire agreement or a contract of hiring a residential premises of the Housing Fund of Social Use or the owner of a residential premises or a member of the family of a residential owner and provided the total area of \u200b\u200bresidential premises per family member is less than 15 square meters;
3) living in a room that does not meet the requirements established for residential premises, regardless of the size of the occupied residential premises;
4) who is the employer of the residential premises under a social hire agreement or a contract of hiring residential premises of the Housing Fund of Social Use, a member of the family of the tenant of the residential premises under a social hire agreement or a contract of hiring a residential premises of the Housing Fund of Social Use or the owner of a residential premises or a family member of the owner of residential premises living In an apartment occupied by several families, if the family has a sick, suffering from a severe form of chronic disease, in which a joint accommodation with it is impossible in one apartment, and who have no other residential premises occupied under a social hiring agreement or a contract of hiring residential premises of the Housing Fund Social use or owned by the right of ownership. The list of relevant diseases is established by the authorized government of the Russian Federation by the federal executive authority;
5) living in a communal apartment regardless of the size of the occupied residential premises;
6) living in an adjacent uninsulated room or in a one-room apartment as part of two families and more independently of the size of the residential premises occupied, including those in the family of parents and perpetuate children who are married to an employee of the Investigative Committee.
5. If an employee of the Investigative Committee and (or) members of his family of several residential premises held under social hiring agreements, contracts for hiring residential premises of the Housing Fund of Social Use and (or) ownership of them on ownership, determining the level of security with the total area of \u200b\u200bresidential premises In order to provide a one-time social payment or residential premises, the property is carried out on the basis of the total total area of \u200b\u200ball these residential premises.
6. In determining the level of security of employees of the Investigative Committee with a total area of \u200b\u200bresidential premises in order to provide a one-time social payment or residential premises to the property, including in assessing actions that led to the deterioration of their housing conditions, under family members are understood as the persons listed as family members in Housing Code of the Russian Federation.
7. When calculating the size of a one-time social payment, as well as in determining the total area of \u200b\u200bthe residential premises provided to the property, in accordance with this Federal Law, as part of the family of the Investigative Committee, the spouse (spouse) is taken into account, which are married to an employee of the Investigative Committee or held in Marriage with the dead (deceased) employee of the Investigative Committee on the Day of Death (Death), Minors children, children over 18, who have become disabled until they reach the age of 18, children under 23 years old, students in organizations engaged in educational activities, Form of training in basic educational programs.
8. When calculating the size of a one-time social payment, as well as in determining the total area of \u200b\u200bthe residential premises, the following norms of providing an area of \u200b\u200bresidential premises are applied:
1) 33 square meters of the total area of \u200b\u200bresidential premises - per person;
2) 42 square meters of the total area of \u200b\u200bresidential premises - on a family of two;
3) 18 square meters of a total area of \u200b\u200bresidential premises for each family member - on a family of three and more people.
9. Employees of the Investigative Committee have the right to an additional area of \u200b\u200bresidential premises.
10. When calculating the size of a one-time social payment, the right of employees of the Investigative Committee at an additional area of \u200b\u200bresidential premises in the amount of 15 square meters of the total area of \u200b\u200bresidential premises is taken into account, and in the provision of residential premises to the property - in the amount of 20 square meters of the total area of \u200b\u200bresidential premises.
11. If the employee has an investigative committee and (or) members of his family, the right to an additional area of \u200b\u200bresidential premises for other grounds in accordance with the legislation of the Russian Federation, as well as in the event that the Employees of the Investigative Committee are members of one family, the amount of additional area is not summed up .
12. Taking into account the constructive and technical parameters of an apartment or residential building, a residential premises can be provided with a total area exceeding the size of the total area of \u200b\u200bresidential premises, determined on the basis of parts 8 - 11 of this article, taking into account the right to an additional area of \u200b\u200bresidential premises, but not more than than 9 square meters of the total area of \u200b\u200bresidential premises.
13. Residential premises can be provided by the Employees of the Investigative Committee and the persons specified in Part 21 of this article, to the ownership with their consent, with the size of the total area of \u200b\u200bresidential premises, determined on the basis of parts 8 - 12 of this article, provided for payment at the expense of own funds The total area of \u200b\u200bresidential premises exceeding this size, based on the average market value of one square meter of the total area of \u200b\u200bresidential premises by the constituent entities of the Russian Federation established by the federal authority of the executive authority authorized by the Government of the Russian Federation.
14. The procedure for payment of the total area of \u200b\u200bresidential premises exceeding the size of the total area of \u200b\u200bresidential premises, determined on the basis of parts 8 - 12 of this article, is established by the Government of the Russian Federation.
15. One-time social payment is provided in the order of priority based on the date of application for adoption as needing residential premises.
16. Employees of the Investigative Committee and Persons specified in Part 21 of this article, registered as those who need residential premises, having three or more children, together with them living, or awarded bad signs "Honorary Officer of the Investigative Committee of the Russian Federation" and ( or) "Honorary Worker of the Investigative Committee at the Prosecutor's Office of the Russian Federation", or awarded the title of Hero of the Russian Federation, either being veterans or disabled hostilities, have the right to provide a one-time social payment primarily in relation to the employees of the Investigative Committee and the persons specified in Part 21 of this article, adopted in the same year.
17. The right of the persons listed in paragraph 16 of this article on the priority provision of a one-time social payment to them is implemented taking into account the date of registration of the application for adoption as needing residential premises.
18. Employees of the Investigation Committee, who, with the intention of obtaining a one-time social payment or residential premises, committed actions that caused the deterioration of housing conditions, as a result of which they can be recognized as needed in residential premises, are recorded as needing residential premises no earlier than Five years from the date of the specified actions.
19. An intentional action that entailed the deterioration of housing conditions of the Employee of the Investigative Committee includes actions of the Investigative Committee or members of his family related:
1) with the establishment in the residential premises of other persons (with the exception of the university of the spouse (spouse), minor children, disabled parents, as well as children over 18, who have become disabled until they reach the age of 18);
2) with changing residential premises (exchange of residential premises);
3) with non-compliance with the conditions of the contract of social hiring or a contract for the hiring of residential premises of the Housing Fund of Social Use, which resulted in eviction from the residential premises in court;
4) with the allocation of shares owners of residential premises in the right of a common ownership of residential premises;
5) with the alienation of residential premises or their parts.
20. The procedure for calculating the size of a one-time social payment and its transfer to the employees of the Investigative Committee and the persons specified in paragraph 21 of this article is determined by the Government of the Russian Federation.
21. The right to providing a one-time social payment or by decision of the Chairman of the Investigative Committee of the Residential Premises to the property is preserved for those needed in residential premises:
1) persons dismisted with the service in the investigative committee with the right to retire, in case of recognition by those in need of residential premises during the undergoing grounds for the grounds provided for in this article, with the exception of persons dismissed in accordance with paragraphs 2 - 6 of Part 2 of Article 30 and Article 30.2 of this Federal Law;
2) who lived together with an employee of the investigative committee by members of his family in the event of death (death) of the Employee of the Investigative Committee due to injury or other damage to the health obtained in connection with the performance of official duties, or due to the disease received during the service period, regardless of the service experience of the deceased (the deceased) employee of the Investigative Committee, if the specified family members are recognized as in need of residential premises on the grounds provided for in this article, or if these grounds had at the time of the death (death) of the Employee of the Investigative Committee and were preserved after his death (death). At the same time, the provision of a one-time social payment or residential premises to the property is carried out by these family members in equal shares. For widows (by the widows) of the Employees of the Investigative Committee, the right to providing a one-time social payment or residential premises to the property remains before re-marriage;
3) with disabilities of I and II groups that are dismissed from service in the Investigative Committee for Health, regardless of service experience and the disability of which came due to injury or other damage to the health obtained in connection with the execution of official duties, or due to the disease received during the service period If they are recognized as needed in residential premises on the grounds provided for in this article, or if these reasons were at the time of their dismissal.
22. Employees of the Investigative Committee that do not have residential premises at the place of service are provided with service residential premises.
23. In order to provide official residential premises, an employee of the Investigative Committee is recognized at the place of service.
1) who is not an employer of the residential premises under a social hire agreement or a contract of hiring a residential premises of the Housing Fund of Social Use, a member of the family of the employer of the residential premises under a social hire agreement or a contract of hiring a residential premises of the Housing Fund of Social Use or the owner of a residential premises or a family member of the owner of the residential premises;
2) who is an employer of the residential premises under a social hiring agreement or a contract of hiring a residential premises of the Housing Fund of Social Use, a member of the family of the tenant of the residential premises under a social hire agreement or a contract of hiring a residential premises of the Housing Fund of Social Use or the owner of the residential premises or a member of the family of the owner of the residential premises, but Not able to return daily to the specified residential premises due to the remoteness of its location from the service site.
24. The composition of the family of the Investigative Committee in order to provide official residential premises and the norm of providing an area of \u200b\u200bservice residential premises are determined in accordance with the parts 7 and 8 of this article.
25. The grounds and conditions for the provision of an additional area of \u200b\u200bservice residential premises on the standards determined in accordance with part 10 of this article are established by the Chairman of the Investigative Committee.
26. In case of the impossibility of providing an employee of the Investigative Committee of Service Residential Premises for established standards, it is allowed to provide the provision of smaller in the area of \u200b\u200bservice residential premises.
27. If it is impossible to provide official residential premises, the employee of the investigative committee recognized as no residential premises at the place of service is paid monthly to cash compensation for hiring (for) the residential premises in the amount and order that are established by the Government of the Russian Federation.
28. Behind the persons listed in paragraphs 2 and 3 of Part 21 of this article living in official residential premises, the right to accommodate in such residential premises must be obtained by a one-time social payment.
29. Persons living in office residential premises, who received a one-time social payment in accordance with this article, retain the right to accommodate in such residential premises within three months from the date of providing a one-time social payment.
30. The procedure for recognizing employees of the Investigative Committee to those in need of residential premises to provide a one-time social payment or residential premises to the property that does not have residential premises at the place of service, the adoption of employees of the Investigative Committee for accounting as needing residential premises in order to provide a lump-sum of social payments or Residential premises in the property, as not having residential premises at the place of service, conducting relevant types of accounting and the procedure for making decisions on the provision of a lump-sum of social payments, residential premises to ownership, official residential premises are established by the Chairman of 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 on compulsory state insurance (hereinafter - insurers) may have 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 contract system in the sphere of procurement of goods, works, services to provide 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 in 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 the employee dismissed in the Investigative Committee, if it came due to injury or other harm due to the performance of official duties, disabled family members of this employee In his dependency, the compensation was paid monthly in the form of a difference between the difference between the monetary maintenance of the deceased (deceased) employee and the pension appointed by him on the occasion of the loss of the breadwinner excluding the amount of payments obtained on compulsory public personal 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 into the number of family members who were on his dependence, 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 to pay insurance sums, compensation, in the implementation of 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 this article, it is understood by the execution by an employee of official duties within its official powers established 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, and also has the right to create departmental protection.
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 provision of activities
Military Investigation Bodies of the Investigative Committee
Article 38. System of military investigative bodies of the Investigative Committee
1. The Military Investigation Bodies of the Investigative Committee exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the Federal Law provides for military service.
1.1. The system of military investigative bodies of the Investigative Committee is the main Military Investigation Department of the Investigative Committee, Military Investigation Department of the Investigative Committee on Military District, Fleets and other Military Investigation Department of the Investigative Committee, equivalent to the Chief Investigation Department and Investigative Department of the Investigative Committee on the Subjects of the Russian Federation, Military Investigation Departments On associations, compounds, garrisons and other military investigative departments of the Investigative Committee, equivalent to the Investigation Departments and the Investigation Departments of the Investigative Committee for the districts, cities.
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.
1.1. Deputy Chairman of the Investigative Committee of the Russian Federation - Head of the Chief Military Investigation Department, his first deputy, deputy and other officials of the military investigative bodies of the Investigative Committee, for the posts of which are provided for military ranks of the Supreme Officers, are appointed and exempt from office by the President of the Russian Federation to submit the Chair Investigative Committee.
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, undergo military service in accordance with the Federal Law "On Military Duty and Military Service", have the rights established by the Federal Law "On the Status of 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 military personnel (the arrival of citizens to military service) to the military investigative authorities of the Investigative Committee and their dismissal from military service are manufactured by the Chairman of the Investigative Committee or the Deputy Chairman of the Investigative Committee of the Russian Federation - the head of the Main Military Investigation Department. The translation of the military personnel of the initial bodies of the Investigative Committee to the new place of military service is carried out in accordance with the Regulations on the procedure for the passage of military service.
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. Entry from January 1, 2017. - Federal Law of 04.06.2014 N 145-FZ.
7. Assigning military ranks to military personnel of military investigative bodies of the Investigative Committee is made in accordance with the Federal Law "On Military Duty and Military Service". The assignment of the first military rank of officer, the military rank of a colonel of justice, the military rank of officer ahead of time, one step above the military rank, provided for by the staff for the military position, military rank of military personnel, successfully studying for full-time training in adjuncture, military doctoral studies, before Colonel of Justice inclusive Performed by the Chairman of the Investigative Committee. Deputy Chairman of the Investigative Committee of the Russian Federation - Head of the Chief Military Investigation Department has the right to assign military ranks to the Lieutenant Colonel of Justice inclusive, heads of military investigators of the Investigative Committee on Military District, Fleets and other military investigators of the Investigative Committee equivalent to the Chief Investigation Department and Investigation Department of the Investigative Committee According to the constituent entities of the Russian Federation, the Justice Major is inclusive. 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 military investigative bodies of the Investigative Committee are encouraged and carrying disciplinary responsibility in accordance with this Federal Law and the Disciplinary Charter of the Armed Forces of the Russian Federation. The powers of the leaders of the military investigative bodies of the Investigative Committee on the application of encouragements and disciplinary penalties regarding the staff subordinates are determined by the Chairman of the Investigative Committee.
13. The number of military personnel and civilian personnel of military investigative bodies of the Investigative Committee is established by the President of the Russian Federation on the submission of the Chairman of the Investigative Committee 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, and is included in the staff number of investigative Committee.
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 provision (with the exception of the provisions of the Second Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, applies to military investigative bodies of the Investigative Committee. Persons who held military service, service in the internal affairs bodies, state fire service, organs for controlling the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution authorities of the Russian Federation, and their families "), medical and other support, taking into account the characteristics established by this Federal Law.
2. The monetary allowance of military personnel of the Investigative Committee consists of salary; salary on military rank; premiums for the special nature of the service (in the amount of 50 percent of the salary by position); surcharges for complexity, tension and special service mode; percentage surcharge for long service (in the amount provided for by part 5 of Article 35 of this Federal Law); premiums for a scientist degree and academic title, for the honorary title "Honored Lawyer of the Russian Federation", for the breastplate "Honorary Officer of the Investigative Committee of the Russian Federation" (in the sizes provided for by parts 8 and 9 of Article 35 of this Federal Law); 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 using the coefficient of 1.5, which is not taken into account when calculating pensions in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons held by military service, service in the internal affairs bodies, state fire-fighting service, organs to control drug trafficking and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution authorities of the Russian Federation , and their families. " Payment of monetary content is made by the Investigative Committee in the prescribed manner.
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. The military personnel of the Investigative Committee of the Investigative Committee, which has the right to retire for long service, is paid a monthly allowance for monetary content in the amount of 50 percent of the pension that could be appointed.
6. Medical assistance to military personnel of the initial bodies of the Investigative Committee and members of their families, their sanatorium-resort treatment, medical and psychological rehabilitation and organized rest (hereinafter - medical assistance) in accordance with federal laws and other regulatory legal acts of the Russian Federation are carried out in medical, military medical units, parts and institutions (organizations), sanatorium and wellness institutions (organizations) of the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, other federal executive bodies in which the military is provided by Federal Law Service (hereinafter - military medical institutions), with mutual settlements in the manner prescribed by the Government of the Russian Federation.
7. Medical assistance to citizens dismissed from military service to military investigative bodies of the Investigative Committee before January 1, 2017, and their families in accordance with federal laws and other regulatory legal acts of the Russian Federation turns out to be military medical institutions in which they were registered (maintenance), and citizens dismissed from military service in military investigative bodies of the Investigative Committee after January 1, 2017, and their family members - the same military medical institutions with the implementation of mutual settlements in the manner prescribed by the Government of the Russian Federation.
8. Ensuring military personnel of military investigative bodies of the Investigative Committee and members of their families by residential premises is carried out at the expense of the federal budget on the norms and in the manner established by the legislation of the Russian Federation for military personnel, taking into account the rights of this federal law of the rights of employees of the investigative Committee at an additional area of \u200b\u200bresidential premises in the following sizes:
1) when granting a subsidy to acquire or build residential premises (housing subsidy), a one-time cash payment for the acquisition or construction of a residential premises, when issuing public housing certificates - in the amount of 15 square meters of the total area of \u200b\u200bresidential premises;
2) when providing residential premises to property for free or under a social hiring agreement - in the amount of 20 square meters of the total area of \u200b\u200bresidential premises;
3) in the provision of official residential premises - in accordance with Part 25 of Article 35.1 of this Federal Law.
8.1. If there is right to an additional area of \u200b\u200bresidential premises in accordance with the legislation of the Russian Federation for several grounds, the increase in the size of the total area of \u200b\u200bthe residential premises is made according to one of them.
8.2. The maintenance of military personnel of military investigative bodies of the Investigative Committee and members of their families to be supported by the residential premises of a specialized housing stock, as well as accounting for military personnel of military investigative bodies of the Investigative Committee and their families recognized after January 1, 2017 in need of residential premises, is carried out by the Investigative Committee.
8.3. Allocation of the Investigative Committee of the Residential Premises of the Specialized Housing Fund for the provision of military personnel of these bodies, as well as the conclusion with the military personnel of the Investigative Committee of the Contracts of Hiring Residential Premises of the Specialized Housing Fund, is carried out by the Ministry of Defense of the Russian Federation, the Federal Service for the National Guard of the Russian Federation, the Federal Service The security of the Russian Federation, other federal executive bodies in which the Federal Law provides for military service, in proportion to the staffing of the military of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the Federal Law provides for military service, on the basis of the information provided by the Investigative Committee of Information about accounting of military personnel of the military investigative bodies of the Investigative Committee and members of their families to be provided by residential Specialized Housing Fund. The procedure for the establishment of the Military Investigative Bodies of the Investigative Committee of the Residential Premises of the Specialized Housing Fund and the procedure for concluding military investigative bodies of the Investigative Committee of Hiring Hiring Residential Premises of a Specialized Housing Fund is determined by joint regulatory legal acts of the Ministry of Defense of the Russian Federation, the Federal Service for the National Guard of the Russian Federation, the Federal Security Service Of the Russian Federation, other federal executive bodies, in which the Federal Law provides for military service, and the investigative committee.
9. Entry. - Federal Law of 30.10.2018 N 374-FZ.
10. When dismissing military personnel of military investigative bodies of the Investigative Committee, with the right to retirement for service, as well as when dismissing for health, or in connection with organizational and staff events, they pay a day off for full years of service in the sizes specified in Part 17 of Article 35 of this Federal Law. The military personnel of military investigative bodies, which received the specified day off, is not paid by the manual provided for by part 3 of Article 3 of the Federal Law of November 7, 2011 N 306-FZ "On the monetary content of military personnel and the provision of individual payments."
11. Pension provision of persons who replaced positions in the military investigative bodies of the Investigative Committee and dismissed from military service until January 1, 2017, and their families are carried out by the Ministry of Internal Defense of the Russian Federation, the Federal Security Service of the Russian Federation, respectively. Pension provision of persons dismissed from military service in military investigative bodies of the Investigative Committee after January 1, 2017, and their families are carried out by the Investigation Committee. Salary by position, salary for military rank and percentage allowance for years of service, taken into account for the calculation of pensions of officers of military investigative bodies of the Investigative Committee and members of their families, are indexed in the manner prescribed by parts 13.2 and 13.3 of Article 35 of this Federal Law.
Article 41. Ensuring the activities of military investigative bodies of the Investigative Committee
1. Involved from January 1, 2017. - Federal Law of 04.06.2014 N 145-FZ.
2. Ensuring military investigative bodies of the investigative committee by transport, communication, information processing means and organizational and multiple equipment, office space (in case of the impossibility of providing military investigative bodies of the investigative committee of separate immovable property), storing their archives, other types of logistics, necessary To fulfill the tasks by the military investigative authorities of the Investigative Committee, the broadcasted and food security of military investigative bodies of the Investigative Committee are carried out by the Ministry of Defense of the Russian Federation, the Federal Service for the National Guard of the Russian Federation, the Federal Security Service of the Russian Federation, other federal executive bodies in which federal law provides for Military service, with the implementation of mutual settlements in the manner prescribed by the Government of the Russian Federation. Financial and logistical support of military investigative bodies of the Investigative Committee outside the Russian Federation are carried out by the Ministry of Defense of the Russian Federation, other federal executive bodies in which the Federal Law provides for military service, with the implementation of mutual settlements in the manner prescribed by the Government of the Russian Federation . Ministry of Defense of the Russian Federation, Federal Service forces of the National Guard of the Russian Federation, Federal Security Service of the Russian Federation, other federal executive bodies in which the Federal Law provides for military service, prepare (training) for military investigative bodies of the Investigative Committee with mutual settlements in The procedure established by the Government of the Russian Federation. The Investigation Committee may independently implement the types of material and technical support of the military investigative bodies of the Investigative Committee at the expense and within the budget allocations provided for by the Federal Budget to the Investigative Committee.
2.1. Federal State Civil servants, replacing posts in the military investigative bodies of the Investigative Committee, the provision of a one-time subsidy for the acquisition of residential premises is carried out in the prescribed manner at the expense of the funds allocated for these purposes to the Investigative Committee.
3. The protection of the service premises of the military investigative bodies of the Investigative Committee is carried out by the military units or military police of the Armed Forces of the Russian Federation.
Chapter 5. Other issues of organization and activities
Investigative Committee
Article 42. Statistical Reporting
1. The Investigation Committee approves a single procedure for the formation and provision of statistical data on the activities of the investigative bodies and the agencies of the Investigative Committee, procedural control of the activities of the investigative committee and their officials.
2. The Investigative Committee provides provision within the competence of primary statistical data into the authorities of the Russian Federation for the implementation of the state unified statistical accounting of data on the state of crime, as well as reports of crimes, investigative work, inquiry, prosecutor's supervision in accordance with the Federal Law "On the Prosecutor's Office Russian Federation".
Article 43. Ensuring the activities of the Investigative Committee
1. Ensuring the activities of the Investigative Committee, including logistical, financial support, the creation of the necessary infrastructure, material and social security of persons undergoing the Federal State Service in the Investigative Committee provided for in this Federal Law is the consumables of the Russian Federation.
2. Ensuring investigative bodies and institutions of the Investigative Committee by transport and technical means and ensuring employees of the Investigative Committee shaped clothing or military form of clothing are carried out in a centralized manner by 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, criminalistic and special equipment are established by the Chairman of the Investigative Committee.
4. The Investigative Committee may have a specialized housing fund formed in the manner 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's supervision
The supervision of the execution of the laws by the Investigative Committee is carried out by the Prosecutor General of the Russian Federation and the prosecutors subordinate to him in accordance with the powers provided by federal legislation.
Article 45. Transitional provisions
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 social and legal protection measures provided for by the legislation of the Russian Federation for prosecutor workers Prosecutor's Office of the Russian Federation.
4. Leader years of employees of the Investigative Committee, calculated in the bodies of the Prosecutor's Office of the Russian Federation, is counted in service of years 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. The time of stay in the classrooms of prosecutor's employees of the Investigative Committee under the Prosecutor's Office of the Russian Federation is counted when appropriate to employees of the investigative committee of the Russian Federation of regular special ranks.
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 terms for the provision of basic and additional leave are preserved, estimated periods for calculating the average earnings, benefits and compensations calculated during their service in the investigative committee in 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.
10. Before creating in the system of the investigative committee of the forensic expert institution, but no later than January 1, 2022, the organization and production of judicial expertise appointed in accordance with the Criminal Procedure Legislation of the Russian Federation, expert units of the Investigative Committee may be carried out in the Investigation Committee (main Management, management and departments for federal districts, management and departments under the constituent entities of the Russian Federation), which are valid on the basis of subordination of subordinate employees and managers of expert units to higher managers of expert units. Employees and managers of expert divisions of the Investigative Committee cannot be endowed with the powers of investigators and leaders of the investigative committee.
Article 46. The procedure for the entry 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.
application
to federal law
"On the Investigative Committee
Russian Federation"
Dimensions
Monthly monetary promotion of employees of the investigative
Committee of the Russian Federation
| Job title | Monthly Monetary Promotion Size (Official Salary) | 1. Central Apparatus of the Investigative Committee | First Deputy Chairman of the Investigative Committee of the Russian Federation, Deputy Chairman of the Investigative Committee of the Russian Federation | 5,0 | Senior Assistant Chairman of the Investigative Committee of the Russian Federation for Special Instructions, Senior Assistant Chairman of the Investigative Committee of the Russian Federation, Head of the Main Department, Management (including the General Directorate), Department, First Deputy (Deputy) of the Head of Main Department, Senior Investigator for Particularly Important cases with the Chairman of the Investigative Committee of the Russian Federation | 4,0 | Assistant Chairman of the Investigative Committee of the Russian Federation for Special Instructions, Assistant Chairman of the Investigative Committee of the Russian Federation, Assistant First Deputy Chairman of the Investigative Committee of the Russian Federation for Special Instructions, Assistant Deputy Chairman of the Investigative Committee of the Russian Federation for Special Assignments, Assistant Head of the Main Department, First Deputy (Deputy) Head of Management (Department), Head of Department (as part of the main department, management), senior investigator for especially important cases, senior investigator-criminalist | 2,5 | Deputy Head of Department (as part of the Main Department, Management), Head of the Department (as part of the Department, Department), Deputy Head of the Department (as part of the Department, Department), Assistant Director of the Office, the investigator on particularly important cases, a criminalist investigator, a senior investigator, Senior inspector, senior expert, senior specialist, senior auditor, investigator, inspector, expert, specialist, auditor, assistant investigator, assistant investigator-criminalist | 2,0 | 2. Chief Investigation Department and Investigative Department of the Investigative Committee on the Subjects of the Russian Federation and the specialized investigative management of the Investigative Committee equivalent to them | Head of the Chief Investigation Department, Investigative Department | 3,75 | First Deputy (Deputy) Head of the Chief Investigation Department, First Deputy (Deputy) Head of Investigation Department | 3,0 | Head of the Investigation Department (as part of the Main Investigation Department), Head of Management (as part of the main investigative department) | 2,0 | First Deputy (Deputy) Head of the Investigation Department (as part of the Chief Investigation Department), First Deputy (Deputy) of the Head of Management (as part of the main investigative department) | 1,75 | Senior Assistant Head of Chief Investigation Department, Investigative Department, Head of Department | 1,0 | 3. Investigative departments of the Investigative Committee for the districts, cities and equivalent to them, including specialized, as well as the investigative departments of the Investigative Committee, equivalent to the Investigation Department on the Subjects of the Russian Federation | Head of the Investigation Department | 1,0 |
The president
Russian Federation
D.Medvedev
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 premises belonging to the land plots belonging to them in the suppression of the commission of a crime, persecution of persons suspected of committing a crime, or the availability of sufficient data to believe that there is committed or a crime;
3) demand from managers and other officials of bodies, enterprises, institutions and organizations specified in paragraph 1 of this part, providing the necessary documents, materials, statistical and other information, the allocation of specialists to determine the reporting of the crime and conducting a preliminary investigation during the verification questions; 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 report on the crime, conducting a preliminary investigation or the implementation of other powers, are binding on 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.