ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 21, 2018 No. 855

About approval of Rules of application of security measures in the form of the translation of the protected person on another, temporary or permanent, place of employment (services) or studies, resettlements on another, temporary or permanent, the residence concerning judges, officials of law enforcement and monitoring bodies, separate categories of the military personnel whose monetary pay is performed at the expense of means of the federal budget

For the purpose of realization of part one of article 10 of the Federal law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies" Government of the Russian Federation decides:

1. Approve the enclosed Rules of application of security measures in the form of the translation of the protected person on another, temporary or permanent, place of employment (services) or studies, resettlements on another, temporary or permanent, the residence concerning judges, officials of law enforcement and monitoring bodies, separate categories of the military personnel whose monetary pay is performed at the expense of means of the federal budget.

2. The realization of this resolution is enabled by the interested federal executive bodies within the budgetary appropriations provided in the federal budget on management and management in the sphere of the established functions.

Approved by the Order of the Government of the Russian Federation of July 21, 2018 No. 855

Rules of application of security measures in the form of the translation of the protected person on another, temporary or permanent, place of employment (services) or studies, resettlements on another, temporary or permanent, the residence concerning judges, officials of law enforcement and monitoring bodies, separate categories of the military personnel whose monetary pay is performed at the expense of means of the federal budget

I. General provisions

1. These rules establish procedure for application of security measures in the form of the translation of the protected person on another, temporary or permanent, place of employment (services) or studies (except for persons specified in part two of article 10 of the Federal law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies"), and also resettlements on another, temporary or permanent, the residence (further - security measures) law-enforcement bodies of the Russian Federation, bodies of the Federal Security Service, the federal executive body authorized in field of activity of troops of national guard of the Russian Federation, customs authorities, bodies of the state protection, organizations and bodies of criminal executive system, bodies of foreign intelligence of the Russian Federation and also command of the relevant military unit or the chief of military organization or bodies of military police of the Armed Forces of the Russian Federation (further - the bodies ensuring safety) concerning persons specified in Items 1 - 12 parts one of article 2 of the Federal law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies" which monetary pay is performed at the expense of means of the federal budget (further - protected persons).

2. Security measures are applied taking into account specific circumstances.

At the same time other security measures provided by part one of article 5 of the Federal law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies" can be applied in accordance with the legislation of the Russian Federation (further - other security measures).

3. Security measures are applied with observance of requirements of the legislation of the Russian Federation on the state secret, and also taking into account confidentiality of data on the protected person.

4. In case of decision making about application of security measures by the body ensuring safety, in writing under list certain instructions which observance is necessary for ensuring its safety can be this to the protected person, or the body ensuring safety with the protected person signs the agreement in writing in which conditions of application of security measures, and also the rights and obligations of the body ensuring safety and the protected person are determined in case of application of security measures. The agreement in case of its conclusion contains the list of the actions aimed at safety of the protected person, and also the obligation of the protected person on observance of confidentiality terms of the agreement by it and the legal requirements of the body ensuring safety specified in it.

5. In case of need protection of property rights of the protected person still to place of employment (service) or study, and also still the residence is performed by proxy, to the representative of the body ensuring safety issued to them.

6. The body ensuring safety in writing warns heads of the relevant organizations about nondisclosure of data which are entrusted to them or became known about the protected person in connection with application concerning its security measures.

II. The translation of the protected person on another, temporary or permanent, place of employment (services) or studies

7. The translation on another, temporary or permanent, place of employment (services) is performed according to the labor law of the Russian Federation, the legislation of the Russian Federation on public service with provision of equivalent (equal) position or other position in the specialty with preserving the insurance (labor) years of service (length of service) granting pension entitlement. Transfer on other place of study is made in accordance with the legislation of the Russian Federation about education.

8. When translating the protected person on another, temporary or permanent, place of employment (services) or studies by the body ensuring safety with observance of the requirements established by the Law of the Russian Federation "About the state secret" for transfer of the data which are the state secret to the official, the representative to make transfer of the protected person on another, temporary or permanent, place of employment (services) or studies, the resolution on application of security measures or the statement from such resolution goes.

9. The official who received according to Item 8 of these rules the resolution on application of security measures or the statement from it together with the body ensuring safety provides matching of possible places of employment (service) or study taking into account nature of threat to the protected person then organizes the translation of the protected person on another, temporary or permanent, place of employment (services) or studies.

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