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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 22, 2017 No. 482

About approval of the Regulations on procedure for copying from the documents withdrawn during pre-judicial production on criminal cases about crimes in the field of economy

According to part three of Article 81.1 of the Code of penal procedure of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Regulations on procedure for copying from the documents withdrawn during pre-judicial production on criminal cases about crimes in the field of economy.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of April 22, 2017 No. 482

Regulations on procedure for copying from the documents withdrawn during pre-judicial production on criminal cases about crimes in the field of economy

1. This Provision establishes procedure for copying from the documents withdrawn during pre-judicial production on criminal cases about the crimes specified in part one of Article 81.1 of the Code of penal procedure of the Russian Federation (further - documents).

2. The investigator, the investigator in whose production there is criminal case provide the documents made on paper for copying to their legal owners.

The procedure for copying established by this Provision does not extend to copying of information from the electronic media of information withdrawn during pre-judicial production on criminal cases on other electronic media of information provided by the legal owner of the withdrawn electronic media of information or the owner of information containing on them.

3. From documents their legal owners can use the copying right.

4. Copying of documents is performed based on the resolution of the investigator, the investigator in which production there is criminal case, the written petition of the legal owner of documents which is taken out by results of consideration.

5. The petition for copying of documents moves the legal owner of documents in writing addressed to the investigator, the investigator in which production there is criminal case. The petition contains the information about person giving it the list of the documents which are subject to copying, the purpose of copying, data on the technical means assumed to use for copying and also the information about the notary in case of his invitation by the legal owner of documents based on Item 11 of this provision to the place of copying of documents for the certificate of compliance of copies of documents to originals.

The copy of the document, confirmatory is attached to the petition that person who addressed with the petition, is legal owner of documents.

6. The petition for copying of documents is considered by the investigator, the investigator in whose production there is criminal case, according to the procedure and terms which are established by the Code of penal procedure of the Russian Federation.

7. The petition for copying of documents is not subject to satisfaction if person who addressed with the petition, is not legal owner of documents or there are data on dispute availability between person who addressed with the petition, and other persons about accessory of these documents, and also reasons to believe are had that documents about which copying the petition is submitted contain false data or can be used in unlawful activity.

Satisfaction of the petition it can be refused if documents are transferred for production of documentary checks, audits, judicial examinations, researches of documents and implementation of their copying will significantly complicate production of the specified actions.

8. In case of complete or partial satisfaction of the petition for copying of documents the investigator, the investigator notifies person who addressed with the petition, about date, time and the place of copying of documents.

9. Copying of documents is performed by the legal owner of documents at own expense with use of personal technical means (the multiple copying equipment, the photoequipment) and consumable materials in the presence of the authorized officer of body of inquiry or investigating body. When copying documents the conditions excluding possibility of their destruction or damage are provided.

For technical assistance in copying of documents and ensuring their safety the investigator, the investigator in copying can recruit the specialist.

10. Upon termination of copying of documents by the authorized officer of body of inquiry or investigating body the statement in which are specified position, surname and initials of person who drew up the statement, surname, name and middle name of each person participating in copying of documents and in need of its address and other data on his personality, names of documents which were copied, with indication of the number of their sheets, the technical means used when copying documents is drawn up and also the mark about transfer of copies of documents to the legal owner of documents becomes. The act is signed by all persons participating in copying and also the authorized officer of body of inquiry or investigating body.

11. The copies of documents made in the course of copying, the investigator are not certified by the investigator. For the certificate of compliance of copies of documents to originals from which they are made by the legal owner of documents to the place of copying of documents determined according to Item 8 of this provision the notary can be invited.

12. If criminal case is brought to trial, copying from documents is performed according to the procedure, established by Judicial department under the Supreme Court of the Russian Federation according to the powers conferred by the Federal Law "About Judicial Department under the Supreme Court of the Russian Federation".

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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