Rus News Journal

The order of the Ministry of Internal Affairs of the Russian Federation, Federal Agency of safety Russian from April, 17th, 2007 N 368/ 185/ 164/ 481/ 32/ 184/ 97/ 147 Moscow About the Instruction statement about an order of representation of results operatively - search activity to the investigator, inquiry body, the inspector, the public prosecutor or in court

It is registered in Ministry of Justice of the Russian Federation on May, 7th, 2007

Registration N 9407

According to a part of third article 11 of the Federal law from August, 12th, 1995 N 144 - FZ About operatively - search activity 1 - it is ordered:

1. To confirm co-ordinated with the State Office of Public Prosecutor of the Russian Federation the applied Instruction about an order of representation of results operatively - search activity to the investigator, inquiry body, the inspector, the public prosecutor or in court.

2. To recognise as become invalid order FSNP of Russia, FSB of Russia, the Ministry of Internal Affairs of Russia, FSO Russia, FPS Russia, the State Customs Committee of Russia, SVR Russia from May, 13th, 1998 N 175/ 226/ 336/ 201/ 286/ 410/ 56 2 About the Instruction statement about an order of representation of results operatively - search activity to inquiry body, the inspector, the public prosecutor or in court .

the Minister of Internal Affairs of the Russian Federation
the River Nurgaliev

the Director of Federal Agency of safety of the Russian Federation
  N.Patrushev

the Director of Federal Agency of protection of the Russian Federation
E.Murov

the Head of Federal customs service
A.Beljaninov

the Director of Service of external investigation of the Russian Federation
S.Lebedev

the Director of Federal Agency of execution of punishments
J.Kalinin

the Director of Federal Agency of the Russian Federation
on control over drug trafficking V.Cherkesov

the Minister of Defence of the Russian Federation
A.Serdjukov

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1 Meeting of the legislation of the Russian Federation, 1995, N 33, item 3349.

2 It is registered by Ministry of Justice of Russia on September, 3rd, 1998, registration N 1603; the Bulletin of statutory acts of federal enforcement authorities, 1998, N 23.

the Appendix

The instruction about an order of representation of results operatively - search activity to the investigator, inquiry body, the inspector, the public prosecutor or in court

I. General provisions

1. The present Instruction defines a representation order operative divisions of the bodies which are carrying out operatively - search activity 1 , results of HORDES 2 to the investigator, inquiry body, the inspector, the public prosecutor or in court at presence in them of the sufficient data specifying in signs of a crime, and also is perfectly in order:

performance of the commission of the investigator, body of inquiry, the inspector about carrying out operatively - search actions 3 on the criminal cases which are in their manufacture;

performance of instructions of the public prosecutor about carrying out ORM;

executions of the requirement of court (judge) about representation of documents on the criminal cases which are in its manufacture.

2. The order of representation of results of HORDES established by the present Instruction can be applied also at representation of results of HORDES according to inquiries of the international law-enforcement organisations and law enforcement bodies of the foreign states if it does not contradict the international contracts of the Russian Federation, the legislation of the Russian Federation.

3. Legal basis of representation of results of HORDES to the investigator, inquiry body, the inspector, the public prosecutor or in court are the Constitution of the Russian Federation, Criminally - the remedial code of the Russian Federation 4 , the Federal law from August, 12th, 1995 N 144 - FZ About operatively - search activity other standard legal certificates regulating the relations in sphere operatively - search and criminally - remedial activity, and also the present Instruction.

4. To the investigator, or results of HORDES which correspond to the requirements established by the present Instruction are represented to court to inquiry body, the inspector, the public prosecutor and can:

to be the cause and the basis for criminal case excitation;

To be used for preparation and realisation of investigatory and judicial actions;

to be used in dokazyvanii on criminal cases according to requirements criminally - the remedial legislation, regulating collecting, check and an estimation of proofs.

5. The results of HORDES containing data on persons, introduced in organised criminal groups, about regular private employees of the bodies, carrying out HORDES, and also about the persons rendering or rendering to bodies, carrying out HORDES, assistance on a confidential basis, are represented to corresponding public prosecutors only from the written approval of the listed persons, except for the cases demanding their bringing to criminal liability.

6. In cases of necessity of attraction to participation in manufacture of investigatory and judicial actions of the persons, introduced (taking root) into organised criminal groups, including regular private employees of the bodies, carrying out HORDES, and also the persons rendering or rendering to these bodies assistance on a confidential basis, maintenance of their safety in the conditions of conspiracy and confidentiality is carried out in an order defined by legislative and other standard legal certificates of the Russian Federation, standard legal certificates of the bodies, carrying out HORDES.

II. Representation of results of HORDES to the investigator, inquiry body, the inspector, the public prosecutor or in court

7. Results of HORDES are represented in the form of the official report about detection of signs of a crime 5 or messages on results operatively - search activity 6 (appendix N 1).

8. The official report about detection of signs of a crime is made by the official of the body, carrying out HORDES, and is registered in an order established by standard legal certificates of bodies, carrying out HORDES.

9. Procedure of representation of results of HORDES in the form of the message is carried out according to the rules established by points 9 - 15 present Instructions, and includes:

consideration of a question on necessity rassekrechivanija the data making the state secret, HORDES containing in represented results, and their carriers;

registration of necessary documents and actual transfer of results of HORDES.

10. Representation of results of HORDES to the investigator, inquiry body, the inspector, the public prosecutor, in court for realisation of check and acceptance of the remedial decision as articles 144 and 145 UPK the Russian Federation, and also for familiarising with criminal case is carried out on the basis of the decision about representation of results operatively - search activity to the investigator, inquiry body, the inspector, the public prosecutor or in court (appendix N2), the body confirmed by the head, carrying out HORDES (the chief or its assistant).

the Specified decision is made in duplicate, first of which goes to the investigator, inquiry body, the inspector, the public prosecutor or to the court, the second - joins materials of business of the operative account or, in case of its absence, to materials of special nomenclature business.

11. At representation to the investigator, inquiry body, the inspector, the public prosecutor or in court of results of the HORDES received at carrying out of verifying purchase or a controlled delivery of subjects, substances and production which free realisation is forbidden or which turn is limited, and also operative experiment, the decision is applied on them about carrying out given ORM, confirmed by the head of the body, carrying out HORDES (the chief or its assistant).

Copies of the specified decisions of the body, carrying out HORDES, are subject to storage in materials of business of the operative account, materials of operative check or, in case of their absence, join materials of special nomenclature business.

12. If as a result of carrying out of verifying purchase it was not possible sufficiently zadokumentirovat prepared, made or perfect illegal act its results join the materials of repeated verifying purchase containing signs of a crime which are represented to the inspector or the public prosecutor in an order established by the present Instruction.

13. In case of representation to the investigator, inquiry body, the inspector, the public prosecutor or in court of results of the HORDES received at carrying out ORM which limit constitutional laws of the person and the citizen on secret of correspondence, telephone negotiations, the post, cable and other messages transferred on networks electric and a mail service, and also the right to inviolability of dwelling, copies of judgements on carrying out ORM are applied on them.

14. Representation of results of the HORDES containing data on the organisation and tactics of carrying out operatively - the technical actions used at their carrying out means, about regular private employees operatively - technical and operatively - search divisions, should be co-ordinated with executors of corresponding actions without fail.

15. If necessary rassekrechivanija the data containing in materials, HORDES reflecting results, the head of the body, carrying out HORDES (the chief or its assistant), takes out the decision about rassekrechivanii the data making the state secret, and their carriers (appendix N 3).

In other cases results of the HORDES containing data, making the state secret, are represented according to the established order of conducting confidential office-work.

16. A way of actual transfer of results of HORDES to the investigator, inquiry body, the inspector, the public prosecutor or in court (transfer by mail, transfer with the courier and other ways) are selected the body, carrying out HORDES, in each specific case taking into account requirements of the standard legal certificates regulating the organisation of office-work.

17. To the documents specified in point 7 of the present Instruction, can be applied received (executed) at carrying out ORM photographic negatives and pictures, films, slides, soundtracks, videorecording cartridges, carriers of the computer information, drawings, plans, schemes, certificates, inquiries, other documents, and also other material objects which according to criminally - the remedial legislation can be recognised by material evidences 7 .

Thus the information on time, a place and circumstances of reception of applied materials, documents and other objects received at carrying out ORM, should be reflected in the official report about detection of signs of a crime and/ or the message.

In case of need the description of individual signs of the specified materials, documents and other objects can be stated in the separate appendix to the message.

18. The body, carrying out HORDES, by preparation and registration for transfer to the investigator, inquiry body, the inspector, the public prosecutor or in court of materials, documents and other objects received at carrying out ORM, necessary measures on their safety and an integrity (protection against deformation, razmagnichivanija, decolouration, deleting and others) should be taken.

Representation of materials, documents and other objects received at carrying out ORM, in copies (extracts), including with carrying over most important points (conversations, plots) on the uniform carrier about what necessarily it is underlined in the message is supposed. In this case originals of materials, documents and other objects received at carrying out ORM if they have not been obtained on demand further by the investigator, inquiry body, the inspector, the public prosecutor or court (judge), are stored in the body which has carried out ORM, before end of proceeding and the introduction of a sentence into validity, or before the criminal case termination (criminal prosecution).

III. The requirements shown

to results The HORDES, to the represented investigator, inquiry body, the inspector, the public prosecutor or in court

19. The results of HORDES represented for the decision of a question on excitation of criminal case, should contain the sufficient data specifying in signs of a crime, namely: data on, where when, what signs and which crime are found out; under what circumstances their detection took place; data on the person (persons), its made (if it is known), and eyewitnesses of a crime (if they are known); about a site of subjects and documents which can become material evidences; about any other facts and the circumstances important for the decision of a question on excitation of criminal case.

20. The results of HORDES represented for preparation and realisation of investigatory and judicial actions, should contain location information of the persons disappearing from bodies of preliminary investigation and court; about persons for whom circumstances and the facts important for criminal case are known; about possible sources of proofs; about a site of the subjects listed regarding 1 article 81 UPK the Russian Federation; about other facts and the circumstances, allowing to define volume and sequence of carrying out of remedial actions, to choose the most effective tactics of their manufacture, to develop an optimum technique of investigation on concrete criminal case.

21. The results of HORDES represented for use in dokazyvanii on criminal cases, should allow to form the proofs meeting to requirements criminally - the remedial legislation, shown to proofs as a whole, to corresponding kinds of proofs; to contain the data important for an establishment of circumstances, subject dokazyvaniju on criminal case, instructions on ORM at which carrying out prospective proofs are received, and also the data, allowing to check up in the conditions of criminal legal proceedings the proofs generated on their basis.

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1 Further - HORDES .

2 According to point 36. 1 articles 5 Criminally - the remedial code of the Russian Federation are understood as results of HORDES the data received according to the Federal law About operatively - search activity about signs of the prepared, made or committed crime, the persons preparing, making or committed a crime and disappeared from bodies of inquiry, a consequence or court.

3 Further - ORM .

4 Meeting of the legislation of the Russian Federation, 2001, N 52 (p.1), item 4921. Further - UPK the Russian Federation .

5 the Official report about detection of signs of a crime is made on the sample specified in the appendix 1 to item 476 UPK the Russian Federation.

6 Further - the message .

7 Further - materials, documents and other objects received at carrying out ORM .