Office of Public Prosecutor: we will not allow to look through mail of Russians without a judgement!
on Friday, on September, 4th, representatives of the State Office of Public Prosecutor of the Russian Federation have informed that the decision of the Ministry of Communications on transfer to law enforcement bodies of private correspondence to citizens without the court decision illegally.
“ the State Office of Public Prosecutor of Russia has inspected conformity to the federal legislation of Requirements to networks and means of a mail service for carrying out operatively - the search actions confirmed by the order of the Ministry of Communications and mass communications of the Russian Federation from 19. 05. 2009 ¹ 65 “ - it is told in the message of Office of Public Prosecutor.
Having analysed the decision, public prosecutors have come to a conclusion that the positions granting the right to law enforcement bodies to look through private correspondence of citizens without the corresponding judgement illegally.
“ In particular, positions of points 2,6,7 of Requirements provide possibility of transfer to the bodies which are carrying out operatively - search activity, information on the rendered services of a mail service, on users a telecommunication service and items of mail without the corresponding judgement that is forbidden by the Constitution of the Russian Federation. Besides, as appears from these points, in control of items of mail and their withdrawal participation of workers of the organisations of a mail service that contradicts the Federal law " is supposed; About operatively - search activity “ - the State Office of Public Prosecutor adds.
the Ministry of Communications have obliged to alter the decision, informs “ RIA Novosti news agency “.
In the Ministry of Communications and mass communications have explained that the issued order at all did not put the purpose to change an existing order of interaction of mail with law enforcement bodies.
- Minkomsvjaz firmly costs that the structures, authorised to conduct operatively - search activity, can operatively carry out - investigatory actions in which frameworks access to correspondence of citizens is possible, only on a judgement, - Elena Lashkina has declared official representative Minkomsvjazi of Russia. - Accordingly if special services come on mail behind this sort of realisation of actions, they should have a judgement. And our order described, in what conditions it can occur. It means that it is impossible to take any mail in any place and to make with it everything that will be necessary for the employee of special services. On the contrary, the order describes, how it should occur, how premises and as employees of mail should react to requirements of special services at carrying out operatively - search actions should be equipped.
- We at all did not suppose and do not intend to suppose any infringements, - Elena Lashkina has underlined. - Earlier the Ministry of Justice has twice made examination of the specified document and has not found contradictions to the Russian legislation.