Rus News Journal

The order of Federal Agency of security of the Russian Federation from March, 22nd, 2012 N 120 Moscow About modification of Regulations of Federal Agency of security of the Russian Federation, confirmed by the order of FSB of Russia from September, 18th, 2008 N 464

It is registered in Ministry of Justice of the Russian Federation on May, 25th, 2012

Registration N 24326

to Bring in Regulations of Federal Agency of security of the Russian Federation, confirmed by the order of FSB of Russia from September, 18th, 2008 N 464 [1] (with the changes brought by the order of FSB of Russia from August, 31st, 2011 N 468 [2]), changes according to the application.

Director A. Bortnikov

1 Is registered by Ministry of Justice of Russia on October, 3rd, 2008, registration N 12394.

2 It is registered by Ministry of Justice of Russia on September, 23rd, 2011, registration N 21876.

the Application

the Changes brought in Regulations

of Federal Agency of security of the Russian Federation,

confirmed by the order of FSB of Russia from September, 18th, 2008 N 464

1. The subparagraph e point 10 to state in the following edition:

) provide within the competence consideration of individual and collective references of citizens and the organisations and inquiries of the information on activity of FSB of Russia and sign answers to them; .

2. Point 42 to add with paragraphs of the following maintenance:

the Total Board is spent in I quarter of the year following for accounting, for the purpose of summarising of activity of FSB of Russia for fiscal year and definitions of the purposes and problems for current year and the planned period.

the report on results and the basic lines of activity of FSB of Russia is prepared For session of total Board. .

3. Point 66 to add with paragraphs of the following maintenance:

In a case if FSB of Russia is the head executor of the commission given to execute the commission or instructions of the President of the Russian Federation to the Government of the Russian Federation, the project of the report on execution (about course of execution) commissions or instructions of the President of the Russian Federation for the subsequent direction to its Chairman of the Government of the Russian Federation or vice-presidents of the Government of the Russian Federation is represented to the Director of FSB of Russia not less than 8 days prior to the expiration established by the President of the Russian Federation of term (if in the commission of the Chairman of the Government of the Russian Federation or vice-presidents of the Government of the Russian Federation other term is not specified) with the application of the project of the report to the President of the Russian Federation.

In a case if the President of the Russian Federation gives the commission or the instructions to directly Director of FSB of Russia, projects of corresponding reports to the President of the Russian Federation and the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation) about execution (about course of execution) commissions or instructions of the President of the Russian Federation are represented for the signature to the Director of FSB of Russia not less than 5 days prior to the target date expiration.

In the presence of the circumstances interfering execution of the commission of the President of the Russian Federation to the Government of the Russian Federation when due hereunder, not less than 8 days prior to the expiration of half of target date of execution of the commission of the President of the Russian Federation to the Director of FSB of Russia the project of the report is represented for the signature to the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation) with the application of the project of the report to the President of the Russian Federation, containing well-founded offers on updating of a date of performance of the commission of the President of the Russian Federation.

In a case if the commission of the President of the Russian Federation is given directly to the Director of FSB of Russia, projects of corresponding reports to the President of the Russian Federation and the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation), containing well-founded offers on updating of a date of performance of the commission of the President of the Russian Federation, are represented for the signature to the Director of FSB of Russia not less than 5 days prior to the expiration of half of target date of execution of the commission of the President of the Russian Federation.

In a case if in course of execution of the commission or instructions of the President of the Russian Federation to the Government of the Russian Federation there were the circumstances interfering to its appropriate execution when due hereunder, to the Director of FSB of Russia the project of the report is represented to the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation) with the application of the project of the report to the President of the Russian Federation with instructions of the reasons interfering timely execution of the commission or instructions of the President of the Russian Federation, the concrete measures accepted for maintenance of its execution, and offers on prolongation of a date of performance of the commission or instructions of the President of the Russian Federation.

In a case if the President of the Russian Federation gives the commission or the instructions to the Chairman of the Government of the Russian Federation or vice-presidents of the Government of the Russian Federation and simultaneously the Director of FSB of Russia, and the additional commission is not given the Director of FSB of Russia by the Government of the Russian Federation, the project of the report to the President of the Russian Federation about execution (about course of execution) commissions or instructions of the President of the Russian Federation with the application of necessary materials for a direction to its President of the Russian Federation and the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation) is represented for the signature to the Director of FSB of Russia not less than 8 days prior to the expiry of the term established by the President of the Russian Federation.

In the presence of the circumstances interfering execution of the commission of the President of the Russian Federation when due hereunder, to the Director of FSB of Russia not less than 8 days prior to the expiration of half of target date of execution of the commission of the President of the Russian Federation the project of the report is represented for the signature to the President of the Russian Federation, containing well-founded offers on updating of a date of performance of the commission of the President of the Russian Federation, for a direction to its President of the Russian Federation and the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation).

In a case if in course of execution of the commission or instructions of the President of the Russian Federation there were the circumstances interfering to its appropriate execution when due hereunder, to the Director of FSB of Russia the project of the report is represented for the signature to the President of the Russian Federation with instructions of the reasons interfering its timely execution, the concrete measures accepted for maintenance of its execution, and offers on prolongation of a date of performance of the commission or instructions of the President of the Russian Federation for a direction to its President of the Russian Federation and the Chairman of the Government of the Russian Federation (vice-presidents of the Government of the Russian Federation). .

4. Point 71 to add with the paragraph of the following maintenance:

With a view of a possibility of carrying out of independent anticorruption examination of projects of federal laws, projects of decrees of the President of the Russian Federation, projects of the governmental orders of the Russian Federation, projects of concepts and technical projects on working out of projects of federal laws, projects of official responses and the conclusions on projects of federal laws division of FSB of Russia - the developer of the project of the certificate within the working day corresponding to day of its direction on the coordination in state structures and the organisations, when due hereunder places it on an official site of FSB of Russia in a network the Internet with instructions of dates started and the terminations of reception of expert judgements by results of independent anticorruption examination. .

5. In the paragraph the first word point 72 on the conclusion to replace with words on legal and on anticorruption examinations .

6. In the subparagraph and Word point 75 both the concept co-ordinated when due hereunder and the project of the technical project on its working out to replace with words in case of need its concept and the project of the technical project on its working out which are co-ordinated when due hereunder .

7. In point 88:

) the paragraph of the second to state in the following edition:

the Prepared answer to deputy inquiry goes to Governmental body of the Russian Federation when due hereunder. The answer to the reference (granting of required documents or data) is given by the Director of FSB of Russia or its assistant in writing not later than in 30 - dnevnyj term from the date of reference receipt in the Government of the Russian Federation. ;

the paragraph the third to recognise as become invalid.

8. Sections IX and X to state in the following edition:

IX. Operating procedure with references

citizens and the organisations, enrolment of citizens

98. In FSB of Russia individual and collective offers, statements and complaints of citizens and the organisations, and also petitions in their support concerning fields of activity of FSB of Russia, an order of execution of the state functions and rendering of the state services, arriving in writing, in the form of electronic messages or in the form of the oral personal reference to the official of FSB of Russia are subject to obligatory consideration during enrolment of citizens.

the work Organization on consideration of individual and collective offers, statements and complaints of citizens and the organisations, the specified petitions, and also enrolment of citizens are carried out according to the legislation of the Russian Federation and legal certificates of FSB of Russia.

X. An order of providing of access

to the information on activity of FSB of Russia

99. FSB of Russia according to the legislation of the Russian Federation provides access of citizens and the organisations to the information on activity of FSB of Russia.

100. Maintenance according to the legislation of the Russian Federation and Regulations of access of citizens and the organisations to the information on activity of FSB of Russia, except for the fixed access information, is assigned by the Director of FSB of Russia to corresponding divisions of FSB of Russia or the authorised officials of FSB of Russia.

101. The work organisation on providing of access to the information on activity of FSB of Russia is carried out in an order established by the Director of FSB of Russia [1]. Such order provides:

ways of access to the information on activity of FSB of Russia;

the list of the information on activity of FSB of Russia given by phones of help services of FSB of Russia or by phones of officials, authorised on granting of such information;

an order of interaction of corresponding divisions of FSB of Russia on providing of access to the information on activity of FSB of Russia;

the rights and duties of the officials responsible for the organisation of work on providing of access to the information on activity of FSB of Russia.

102. Responsibility for timely granting in the authorised division of FSB of Russia of the information concerning the conducting and its reliability heads, chiefs of corresponding divisions of FSB of Russia and officials of FSB bear Russia authorised on granting of such information.

103. FSB of Russia will organise and carries out interaction with mass media, informing of the public on activity of FSB of Russia and security service.

104. The director of FSB of Russia defines the authorised division of FSB of Russia (the official of FSB of Russia) to which duties on maintenance of interaction with mass media concerning granting and distribution of the information on activity of FSB of Russia are assigned.

the Information on activity of FSB of Russia is given to mass media by the authorised division of FSB of Russia (the official of FSB of Russia) or in coordination with it other officials of FSB of Russia.

105. Informing of mass media and the public is carried out under the decision of the Director of FSB of Russia, its assistants or other representatives on it of officials of FSB of Russia according to the legislation of the Russian Federation on the state secret. .

10. To add with sections XI and XII of the following maintenance:

XI. Information placing

about activity of FSB of Russia

in a network the Internet

106. The list of the information on activity of FSB of Russia placed in a network the Internet, affirms the decree of the President of the Russian Federation [2].

the information on activity of FSB of Russia takes place on an official site of FSB of Russia in a network the Internet to the address: www. fsb. ru.

107. FSB of Russia along with obligatory placing of the information on the activity in a network the Internet has the right to place such information in others is information - telecommunication networks, and also to create information systems and to place in them the specified information according to the legislation of the Russian Federation.

108. Preparation and placing of the information on activity of FSB of Russia on an official site of FSB of Russia are carried out in an order established by the legal certificate of FSB of Russia.

109. Placing of the information on activity of FSB of Russia in a network the Internet is carried out according to the requirements confirmed when due hereunder to technological, program and linguistic means of maintenance of using official sites of federal enforcement authorities.

XII. An order of granting of the information on activity of FSB of Russia by inquiries

110. In FSB of Russia inquiries of the information on activity of FSB Russia arriving in writing, to the form of electronic messages or the oral form are subject to obligatory consideration during reception by the authorised official, and also by phones of corresponding services on duty or phones of the authorised officials.

111. FSB of Russia provides possibility of a direction of inquiry of the information on activity of FSB of Russia (further - inquiry) in the form of the electronic message on the e-mail address or on an official site of FSB of Russia in a network the Internet.

112. FSB of Russia does not consider anonymous inquiries.

the anonymous inquiry in Regulations is understood as inquiry in which are not specified a surname, a name and a patronymic of the citizen (the physical person), directed inquiry, or the organisation name (the legal person) or public association.

113. The inquiry made in writing or received in the form of the electronic message, is subject to check in within 3 days from the date of its receipt in FSB of Russia.

the Inquiry in the oral form is subject to check in in day of its receipt with date and arrival time instructions.

114. The inquiry goes to division of FSB of Russia which direct conducting queried information granting concerns.

115. In a case if the inquiry does not concern a field of activity of FSB of Russia, such inquiry goes within 7 days from the date of its check in to a state structure or local government to which powers queried information granting is carried.

On inquiry readdressing in the same term it is informed the user who has directed inquiry by the information. In a case if FSB of Russia has no data on queried information presence in other state structure and (or) local government, on it also is informed the user who has directed inquiry by the information in Current of 7 days from the date of inquiry check in.

116. FSB of Russia has the right to specify the maintenance of inquiry with a view of granting to the user the information of the necessary information on activity of FSB of Russia.

117. The inquiry is subject to consideration in 30 - dnevnyj term from the date of its check in if other is not provided by the legislation of the Russian Federation.

In a case if queried information granting is impossible in the specified term, the user is notified by the information on a delay of inquiry answer within 7 days from the date of its check in with instructions of the reason of such delay and term of granting of the queried information which cannot exceed 15 days over a target date for inquiry answer.

118. The payment for granting of the information on activity of FSB of Russia is raised in the cases established by federal laws. The order of collection of a payment is established by the Government of the Russian Federation.

119. Inquiries about representation of documents and (or) information with a view of granting of the state and municipal services, arrived of other federal enforcement authorities, enforcement authorities of subjects of the Russian Federation and local governments, are considered also required documents and (or) the information are represented in time no more than 5 working days from the date of reception of the specified inquiry if the legislation of the Russian Federation does not establish other term.

120. The information on activity of FSB of Russia is given in the form of inquiry answer in which contains or on which the queried information is applied or in which contains motivirovannyj refusal in granting of the specified information.

In inquiry answer the name, the mailing address of FSB of Russia, a post of the person who have signed the answer, and also inquiry answer requisites (slip number and date) are specified.

121. The information on activity of FSB of Russia is not given in case:

) the inquiry maintenance does not allow to establish the queried information;

in inquiry the mailing address, the e-mail address or number of a fax for a direction of inquiry answer or phone number on which it is possible to contact the user who has directed inquiry the information are not specified;

the queried information does not concern a field of activity of FSB of Russia;

the queried information concerns the fixed access information;

the queried information was given earlier to the user by the information;

in inquiry the attention to the question on a legal estimation of the certificates accepted by FSB of Russia, carrying out of the analysis of activity of FSB of Russia either the subordinated organisations or carrying out of other analytical work which directly have been not connected with protection of the rights of the user which have directed inquiry by the information is brought.

122. In a case if the queried information concerns the fixed access information, in inquiry answer the kind, the name, number and date of acceptance of the certificate according to which access to this information is limited are specified.

In a case if the queried information part concerns the fixed access information, and other information is popular, FSB of Russia is obliged to give the queried information, except for the fixed access information.

123. FSB of Russia has the right not to give the information on the activity on demand if this information is published in mass media or is placed in a network the Internet. In this case in inquiry answer of FSB of Russia specifies the name, date of an exit and mass media number in which the queried information, and (or) the electronic address of an official site of FSB of Russia in a network the Internet or the electronic address of other site on which the queried information, including the electronic address directly specifying in the queried information, or sequence of actions which the user the information on the specified sites for reception of the queried information with instructions of date of its placing should make is placed is published.

124. Inquiry answer is subject to obligatory check in in FSB of Russia. .

1 Point 13. 2 Typical regulations of the internal organisation of the federal enforcement authorities, confirmed by the governmental order of the Russian Federation from July, 28th, 2005 N 452 (Meeting of the legislation of the Russian Federation, 2009, N 47, item 5675).

2 the Part of 1 article 14 of the Federal law from February, 9th, 2009 N 8 - FZ About providing of access to the information on activity of state structures and local governments (Meeting of the legislation of the Russian Federation, 2009, N 7, item 776, 2011, N 29, item 4291).