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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 19, 2018 No. 197-FZ

About service in criminal executive system of the Russian Federation and about introduction of amendments to the Law of the Russian Federation "About the organizations and bodies performing criminal penalties in the form of imprisonment"

(as amended on 17-02-2021)

Accepted by the State Duma on July 3, 2018

Approved by the Federation Council on July 13, 2018

Chapter 1. General provisions

Article 1. Main terms

For the purposes of this Federal Law the applied terms mean:

1) service in criminal executive system - the type of the Federal State Service representing professional office activity of citizens of the Russian Federation (further - citizens) on positions in criminal executive system of the Russian Federation (further - criminal executive system), and also on the positions which are not positions in criminal executive system, in cases and on conditions which are provided by this Federal Law, other Federal Laws and (or) regulatory legal acts of the President of the Russian Federation;

2) positions in criminal executive system - positions of employees of criminal executive system who are established in the federal executive body performing law-enforcement functions, functions on control and supervision in the sphere of execution of criminal penalties concerning convicts (further - federal body of criminal executive system), the territorial authorities of criminal executive system, organizations performing punishments, the pre-trial detention centers, research, project, medical, educational and other organizations entering criminal executive system in accordance with the legislation of the Russian Federation (further - organizations and bodies of criminal executive system);

3) the head of federal body of criminal executive system - person performing powers of the employer on behalf of the Russian Federation concerning employees of criminal executive system;

4) the head (chief) - the head (chief) of organization or body of criminal executive system and his deputy, the head (chief) of structural division of organization or body of criminal executive system and his deputy, the employee given in accordance with the established procedure authority on management of workers (employees, federal government civil servants, workers and employees) of criminal executive system including it is temporary;

5) the authorized head - the head (chief) of organization or body of criminal executive system (except for the head of federal body of criminal executive system), the deputy manager (chief) of organization or body of criminal executive system, allocated in accordance with the established procedure with the head of federal body of criminal executive system powers of the employer on behalf of the Russian Federation concerning employees of criminal executive system;

6) the employee - the citizen serving according to this Federal Law in criminal executive system in position on which assignment of special rank is provided.

Article 2. Subject of regulation of this Federal Law

1. Subject of regulation of this Federal Law are the legal relationship connected with revenues to service in criminal executive system, its passing and the termination and also with determination of legal status (status) of the employee.

2. The legal relationship connected with revenues to Federal public civil service in criminal executive system, passing and the termination of such service are regulated by the legislation of the Russian Federation on the public civil service of the Russian Federation, and employment relationships - the labor law of the Russian Federation.

Article 3. Legal regulation of service in criminal executive system

1. Regulation of the legal relationship connected with service in criminal executive system is performed according to:

1) Constitution of the Russian Federation;

2) this Federal Law;

3) the Law of the Russian Federation of July 21, 1993 No. 5473-1 "About the organizations and bodies performing criminal penalties in the form of imprisonment" (further - the Law of the Russian Federation "About the organizations and bodies performing criminal penalties in the form of imprisonment"), the Federal Law of December 30, 2012 No. 283-FZ "About social guarantees to employees of some federal executive bodies and modification of separate legal acts of the Russian Federation" (further - the Federal Law "About Social Guarantees to Employees of Some Federal Executive Bodies and Modification of Separate Legal Acts of the Russian Federation") and other Federal Laws regulating the legal relationship connected with service in criminal executive system;

4) regulatory legal acts of the President of the Russian Federation;

5) regulatory legal acts of the Government of the Russian Federation;

6) regulatory legal acts of the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties;

7) regulatory legal acts of federal body of criminal executive system in the cases established by the Federal constitutional Laws, this Federal Law, other Federal Laws, regulatory legal acts of the President of the Russian Federation.

2. In the cases which are not settled by the regulatory legal acts of the Russian Federation specified regarding 1 this Article regulations of the labor law of the Russian Federation are applied to the legal relationship connected with service in criminal executive system.

3. If the international treaty of the Russian Federation ratified according to the procedure, established by the legislation of the Russian Federation, establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty of the Russian Federation.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 4. The principles of service in criminal executive system

1. The service in criminal executive system is performed according to the basic principles of creation and functioning of system of public service of the Russian Federation (further - public service) established by the Federal Law of May 27, 2003 No. 58-FZ "About system of public service of the Russian Federation".

2. The principles of service in criminal executive system are:

1) one-man management and subordination (subordination) on service in criminal executive system;

2) obligatory professional selection in case of equal access for citizens to service in criminal executive system and creation of opportunities for job development irrespective of floor, race, nationality, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also from other circumstances which are not connected with professional and business qualities of the employee;

3) interrelation of restrictions, obligations, prohibitions, responsibility on service in criminal executive system and social guarantees of the employee.

3. The principles of service in criminal executive system are implemented in case of observance of following provisions:

1) the employee in the activities is guided by the legislation of the Russian Federation, nobody has the right to interfere with legal activities of the employee, except persons which are directly authorized on that by the Federal Law;

2) the employee on duty submits only to direct heads (chiefs). Direct heads (chiefs) of the employee are heads (chiefs) to whom he is subordinated on service, including is temporary; the direct head (chief), closest to the employee, is his direct head (chief); the employees who are not subordinated each other on service can be senior or younger on subordination; the seniority of employees is determined by the replaced position and if employees replace equivalent positions, - by special rank;

3) for the employee execution of orders and the orders of heads (chiefs) made in accordance with the established procedure and not contradicting the Federal Law is obligatory;

4) restriction of rights and freedoms of man and citizen on the employee is allowed by the Federal Law in that measure in what it is necessary for accomplishment of the tasks connected with protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons and for safety of the state;

5) the employee has no right to refuse execution of the service duties if these obligations are provided by the contract on service in criminal executive system (further - the contract) or the job description and for execution of these obligations necessary security measures are taken;

6) the employee is forbidden to consist in political parties, to financially support political parties and to take part in their activities. When implementing office activities the employee shall not be connected by decisions of political parties, other public associations and religious organizations.

Article 5. Interrelation of service in criminal executive system, the public civil service, military service, public service of other types and municipal service

1. The interrelation of service in criminal executive system, the public civil service, military service and public service of other types is provided on the basis of unity of system of public service and the principles of its creation and functioning, and also by means of:

1) sootnositelnost of the main conditions and the amount of compensation, and also the basic social guarantees in case of service in criminal executive system, the public civil service, military service and public service of other types;

2) establishments of restrictions and obligations in case of service in criminal executive system, the public civil service, military service and public service of other types;

3) accounting of service length (length of service) in criminal executive system in case of calculation of years of service (length of service) of the public civil service, military service and public service of other types;

4) sootnositelnost of special ranks, military ranks, class ranks and diplomatic ranks;

5) sootnositelnost of the main conditions of the state provision of pensions of the citizens serving in criminal executive system and the citizens passing the public civil service, military service and public service of other types.

2. The interrelation of service in criminal executive system and municipal service is provided by means of accounting of service length in criminal executive system in case of calculation of years of service of municipal service.

3. To the citizen passing the public civil service, military service or public service of other types, appointed to position of the highest commanding structure in criminal executive system, or the employee appointed to the corresponding position of the public civil service, military service or public service of other type according to the decision of the President of the Russian Federation the right to social warranties which the specified citizen or the employee in accordance with the legislation of the Russian Federation had can be kept.

Chapter 2. Positions in criminal executive system. Special ranks

Article 6. Positions in criminal executive system

1. Positions in criminal executive system are established for the purpose of realization of powers of organizations and bodies of criminal executive system.

2. The list of standard positions as criminal executive system and the special ranks corresponding to them affirms the President of the Russian Federation.

3. Based on the list of standard positions in criminal executive system taking into account features of functioning of organizations and bodies of criminal executive system positions with other names - non-standard positions can be established corresponding to standard positions on the legal status. Lists of non-standard positions of ordinary structure, younger, average and the senior commanding structure and special ranks corresponding to them affirm the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties.

Article 7. Classification of positions in criminal executive system

Positions in criminal executive system are subdivided on:

1) positions of the highest commanding structure;

2) positions of the senior commanding structure;

3) positions of the average commanding structure;

4) positions of the younger commanding structure;

5) positions of ordinary structure.

Article 8. Special ranks

1. The special ranks established on positions in criminal executive system are appropriated according to this Federal Law.

2. The following special ranks are established:

1) ordinary internal service;

2) the younger commanding structure:

a) lance sergeant of internal service;

b) sergeant of internal service;

c) staff sergeant of internal service;

d) foreman of internal service;

e) ensign of internal service;

e) senior warrant officer of internal service;

3) the average commanding structure:

a) second lieutenant of internal service;

b) lieutenant of internal service;

c) senior lieutenant of internal service;

d) captain of internal service;

4) the senior commanding structure:

a) major of internal service;

b) lieutenant colonel of internal service;

c) colonel of internal service;

5) the highest commanding structure:

a) major general of internal service;

b) lieutenant general of internal service;

c) colonel general of internal service;

d) general of internal service of the Russian Federation.

3. The special rank is given to the employee according to the replaced position.

4. In case of replacement of position of ordinary structure to the employee the special rank of the private of internal service is given.

5. In case of replacement of positions of the commanding structure the following limiting special ranks are established:

1) the senior warrant officer of internal service - in case of replacement of positions of the younger commanding structure;

2) the captain of internal service - in case of replacement of positions of the average commanding structure;

3) the colonel of internal service - in case of replacement of positions of the senior commanding structure;

4) the general of internal service of the Russian Federation - in case of replacement of positions of the highest commanding structure.

6. The list of positions of the highest commanding structure and special ranks corresponding to them affirms the President of the Russian Federation.

7. Lists of positions of ordinary structure, younger, average and the senior commanding structure and special ranks corresponding to them affirm the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties based on stipulated in Article 6th this Federal Law of the list of standard positions as criminal executive system and the special ranks corresponding to them.

Article 9. Qualification requirements to positions in criminal executive system

1. The number of the qualification requirements to positions in criminal executive system installed separately for positions of ordinary structure younger, average, the senior and highest commanding structure, includes requirements to the education level, service length in criminal executive system or to the years of service (experience) of occupational work, professional knowledge and skills, the state of health of employees necessary for fulfillment of duties on the replaced position.

2. Qualification requirements to positions provide availability for positions of ordinary structure and the younger commanding structure of education in criminal executive system is not lower than the secondary general education, for positions of the average commanding structure - not below the secondary professional education corresponding to activity, for positions of the senior and highest commanding structure - the higher education corresponding to activity.

3. Qualification requirements to service length in criminal executive system or to the years of service (experience) of occupational work, education, professional knowledge and skills of the employee necessary for replacement of positions in criminal executive system, are established:

1) the President of the Russian Federation - concerning positions of the highest commanding structure;

2) the head of federal body of criminal executive system - concerning positions of ordinary structure, younger, average and the senior commanding structure.

4. Requirements to the state of health of the citizens arriving on service in criminal executive system and the employees depending on positions and features of service on separate positions are established by the head of federal body of criminal executive system. Procedure for passing by the citizens arriving on service in criminal executive system both employees of military-medical examination and procedure for professional psychological selection in criminal executive system are appointed by the Government of the Russian Federation.

5. By results of military-medical examination of the citizens arriving on service in criminal executive system and employees by the military-medical commission draws the conclusion about the validity of such citizens and employees to service in criminal executive system on the following categories:

And - it is suitable for service in criminal executive system;

The B - is suitable for service in criminal executive system with insignificant restrictions;

In - restrictedly it is suitable for service in criminal executive system;

- it is temporarily not suitable for service in criminal executive system;

Д - it is not suitable for service in criminal executive system.

6. Concerning separate positions of ordinary structure, younger, average and the senior commanding structure by the head of federal body of criminal executive system qualification requirements to the level of physical training can be established.

7. Positions which are replaced with employees men's or female can be determined by the head of federal body of criminal executive system (taking into account requirements peculiar to this type of work, and also characteristics of working conditions).

8. Taking into account the education level, service length in criminal executive system or years of service (experience) of occupational work, professional knowledge and skills to the employees the following qualification ranks are given:

1) specialist of the third class;

2) specialist of second class;

3) specialist of the first class;

4) master (highest qualification rank).

9. The procedure for assignment, confirmation of qualification rank, decrease in qualification rank, deprivations of qualification rank and accounting of the employees having qualification ranks is determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties.

Chapter 3. Legal status (status) of the employee

Article 10. Employee

1. The legal status (status) of the employee is determined by this Federal Law and other Federal Laws regulating features of revenues to service in criminal executive system, passings and the terminations of service in criminal executive system.

2. The obligations connected with accomplishment of tasks, including with risk for life in this connection the social guarantees and compensations established by the legislation of the Russian Federation are provided to them are assigned to employees.

3. The employee can serve in criminal executive system in case of its transfer in the order of organization or body of criminal executive system or in case of posting, the stipulated in Article 32 presents of the Federal Law. At the same time the employee does not replace position in criminal executive system. By the Federal Laws and (or) regulatory legal acts of the President of the Russian Federation other cases of passing by the employee of service in criminal executive system when he does not replace position in criminal executive system can be established.

4. The official ID and special counter with personal number are issued to the employee. Samples of the official ID and special counter of the employee and procedure for their issue affirm federal body of criminal executive system. The official ID of the employee is the document confirming the employee's personality, its belonging to organization or body of criminal executive system, position and special rank of the employee. The official ID of the employee confirms its right to carrying and storage of firearms and (or) special means, other rights and powers conferred to the employee by the legislation of the Russian Federation.

5. The employee fulfills service duties and has the rights according to this Federal Law within the competence on the replaced position.

Article 11. Employee's rights

1. The employee has the right:

1) on the conditions necessary for execution of service duties and professional development;

2) on acquaintance with the job description and other documents determining its rights and obligations by the replaced position with criteria for evaluation of performance excellence of service duties, indicators of effectiveness of office activities and conditions of job development in criminal executive system;

3) on rest in accordance with the legislation of the Russian Federation;

4) on cash allowance according to the Federal Law "About Social Guarantees to Employees of Some Federal Executive Bodies and Modification of Separate Legal Acts of the Russian Federation";

5) on obtaining in accordance with the established procedure information and the materials necessary for execution of service duties, and also on introduction of offers on enhancement of activities of organization and (or) body of criminal executive system;

6) on access in accordance with the established procedure to the data which are the state and protected by the law other secret if execution of service duties is connected with use of such data;

7) on access in accordance with the established procedure in connection with execution of service duties in state bodies, local government bodies, public associations and the organizations;

8) on acquaintance with responses about its office activities and another determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties, documents before their entering into the personal record, with materials of the personal record according to the procedure, determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties and also on attaching to the personal record of his explanations in writing and other documents and materials;

9) on protection of the personal data;

10) on job development in criminal executive system taking into account results of office activities, service length, skill level and education, respect for office discipline;

11) on passing in accordance with the established procedure professional training, receipt of secondary professional education, the higher education and additional professional education;

12) for consideration of office dispute in accordance with the legislation of the Russian Federation;

13) on carrying out according to its statement of functional audit check;

14) on the address to officials, higher according to the procedure of subordination, in higher bodies or in court for protection of the rights and legitimate interests, and also for the dispute resolution, connected with service in criminal executive system;

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