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FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 12, 1995 No. 144-FZ

About operational search activities

(The last edition from 06-07-2016)

Accepted by the State Duma of the Russian Federation on July 5, 1995

This Federal Law determines content of the operational search activities performed in the territory of the Russian Federation and fixes system of guarantees of legality when conducting investigation and search operations.

Chapter I. General provisions

Article 1. Operational search activities

Operational search activities - type of activity, performed publicly and secretly by operational divisions of the state bodies authorized on that by this Federal Law (further - the bodies performing operational search activities), within their powers by means of conducting investigation and search operations for the purpose of protection of life, health, rights and freedoms of man and citizen, property, safety of society and the state from criminal encroachments.

Article 2. Tasks of operational search activities

Tasks of operational search activities are:

identification, the prevention, suppression and disclosure of the crimes, and also identification and establishment of persons preparing them, making or which made;

implementation of search of persons disappearing from the bodies of inquiry, investigation and court evading from criminal penalty, and also search of missing persons;

getting of information on the events or actions (failure to act) creating threat of the state, military, economic, information or ecological safety of the Russian Federation.

establishment of the property which is subject to confiscation.

Article 3. Principles of operational search activities

Operational search activities are based on the constitutional principles of legality, respect and observance of rights and freedoms of man and citizen, and also on the principles of conspiracy, combination of public and secret methods and means.

Article 4. Legal basis of operational search activities

The legal basis of operational search activities is constituted by the Constitution of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of federal bodies of the government accepted according to them.

The bodies performing operational search activities publish within the powers in accordance with the legislation of the Russian Federation the regulations regulating the organization and tactics of conducting investigation and search operations.

The organization and tactics of carrying out by law-enforcement bodies of the Russian Federation, customs authorities of the Russian Federation, Federal Penitentiary Service of investigation and search operations (except the observation made on the open area in vehicles and public places) with use of the special technical means intended for secret receipt of information are determined by the departmental regulatory legal acts approved with Federal Security Service of the Russian Federation.

Article 5. Observance of rights and freedoms of man and citizen when implementing operational search activities

Bodies (officials) performing operational search activities when conducting investigation and search operations shall provide observance of rights of man and citizen on personal privacy, the personal and family secrecy, inviolability of home and the secrecy of correspondence.

Implementation of operational search activities for goal achievement and the solution of the tasks which are not provided by this Federal Law is not allowed.

Person believing that actions of the bodies performing operational search activities led it to violation it is right also freedoms, have the right to appeal these actions in the higher body performing operational search activities, to the prosecutor or in court.

Person whose guilt in crime execution is not proved in the procedure established by the law that is concerning which initiation of legal proceedings it is refused or criminal case is dismissed due to the lack of event of crime or due to the lack in act of actus reus and which has the carrying out facts concerning its investigation and search operations and believes that at the same time its rights were violated, has the right to request the body performing operational search activities, data on information obtained on it in the limits allowed by requirements of conspiracy and excluding possibility of disclosure of the state secret. If it will be refused provision of the requested data or if the specified person believes that data are received not in full, it has the right to appeal it judicially. In proceedings on the reference in court obligation to prove justification of refusal in provision to this person of data, including in full, it is assigned to the relevant organ performing operational search activities.

For the purpose of ensuring completeness and comprehensiveness of consideration of the case the body performing operational search activities shall provide to the judge according to its requirement the operational in-house documents containing information on data which provision it was refused to the applicant, except for the information about persons implemented in organized criminal groups about the regular secret staff of the bodies performing operational search activities and about persons rendering them assistance on confidential basis.

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