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FEDERAL LAW OF THE RUSSIAN FEDERATION

of October 1, 2019 No. 328-FZ

About service in bodies of forced execution of the Russian Federation and modification of separate legal acts of the Russian Federation

Accepted by the State Duma on September 19, 2019

Approved by the Federation Council on September 25, 2019

Chapter 1. General provisions

Article 1. Main terms

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

1) bodies of forced execution of the Russian Federation (further - bodies of forced execution) - the federal executive body performing functions on providing established procedure of activity of the courts, execution of court resolutions, acts of other bodies and officials, law-enforcement functions and functions on control and supervision in the established field of activity (further - federal body of forced execution), its territorial authorities (further - territorial authorities of forced execution) and their divisions;

2) service in bodies of forced execution - the type of the Federal State Service representing professional office activity of citizens of the Russian Federation (further - citizens) on positions in bodies of forced execution, and also on the positions which are not positions in bodies of forced execution, 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;

3) positions in bodies of forced execution - positions of staff of bodies of forced execution who are established in bodies of forced execution;

4) the head of federal body of forced execution - person performing powers of the employer on behalf of the Russian Federation concerning the staff of bodies of forced execution;

5) the head (chief) - the head (chief) of body of forced execution and its deputy, the head (chief) of structural division of body of forced execution and its deputy, the employee given in accordance with the established procedure authority on management of employees (employees, federal government civil servants, workers and employees) of bodies of forced execution including it is temporary;

6) the authorized head - the head (chief) of body of forced execution (except for the head of federal body of forced execution), the deputy manager (chief) of body of forced execution, allocated in accordance with the established procedure with the head of federal body of forced execution by powers of the employer on behalf of the Russian Federation concerning the staff of bodies of forced execution;

7) the employee - the citizen serving according to this Federal Law in bodies of forced execution 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 bodies of forced execution, 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 (further - civil service) in bodies of forced execution, 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.

Article 3. Legal regulation of service in bodies of forced execution

1. Regulation of the legal relationship connected with service in bodies of forced execution is performed according to:

1) Constitution of the Russian Federation;

2) Federal constitutional Laws;

3) this Federal Law;

4) the Federal Law of July 21, 1997 No. 118-FZ "About bodies of forced execution of the Russian Federation", the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding", 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" and other Federal Laws regulating the legal relationship connected with service in bodies of forced execution;

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

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

7) 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 providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies;

8) regulatory legal acts of federal body of forced execution in the cases established by 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 are applied to the legal relationship connected with service in bodies of forced execution.

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.

Article 4. The principles of service in bodies of forced execution

1. The service in bodies of forced execution 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 bodies of forced execution are:

1) one-man management and subordination (subordination) on service in bodies of forced execution;

2) obligatory professional selection in case of equal access for citizens to service in bodies of forced execution 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 bodies of forced execution and social guarantees of the employee.

3. The principles of service in bodies of forced execution 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 bodies of forced execution (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 bodies of forced execution, civil service, military service, public service of other types and municipal service

1. The interrelation of service in bodies of forced execution, 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 bodies of forced execution, civil service, military service and public service of other types;

2) establishments of restrictions and obligations in case of service in bodies of forced execution, civil service, military service and public service of other types;

3) accounting of service length (length of service) in bodies of forced execution in case of calculation of years of service (length of service) of 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 bodies of forced execution and the citizens passing civil service, military service and public service of other types.

2. The interrelation of service in bodies of forced execution and municipal service is provided by means of accounting of service length in bodies of forced execution in case of calculation of years of service of municipal service.

3. To the citizen passing civil service, military service or public service of other types, appointed to position of the highest commanding structure in bodies of forced execution, or the employee appointed to the corresponding position of 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 bodies of forced execution. Special ranks

Article 6. Positions in bodies of forced execution

1. Positions in bodies of forced execution are established for the purpose of realization of powers of bodies of forced execution.

2. The list of standard positions affirms as bodies of forced execution and the special ranks corresponding to them the President of the Russian Federation.

3. Based on the list of standard positions in bodies of forced execution taking into account features of functioning of these bodies positions with other names - non-standard positions can be established corresponding to standard positions on the legal status. Lists of non-standard positions 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 providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies.

Article 7. Classification of positions in bodies of forced execution

Positions in bodies of forced execution 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.

Article 8. Special ranks

1. The special ranks established on positions in bodies of forced execution are appropriated according to this Federal Law.

2. The following special ranks are established:

1) 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;

2) 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;

3) the senior commanding structure:

a) major of internal service;

b) lieutenant colonel of internal service;

c) colonel of internal service;

4) 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 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.

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

6. Lists of positions 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 providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies based on stipulated in Article 6th this Federal Law of the list of standard positions as bodies of forced execution and the special ranks corresponding to them.

Article 9. Qualification requirements to positions in bodies of forced execution

1. The number of qualification requirements to positions in the bodies of forced execution installed separately for positions younger, average, the senior and highest commanding structure, includes requirements to the education level, service length in bodies of forced execution 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 in bodies of forced execution provide availability for positions of the younger commanding structure of education not below the secondary professional education corresponding to activity, for positions of average, the senior and highest commanding structure - the higher education corresponding to activity.

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

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

2) the head of federal body of forced execution - concerning positions younger, average and the senior commanding structure.

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

5. By results of military-medical examination by the military-medical commission the conclusion about the validity of the citizens arriving on service in bodies of forced execution and the employees to service in bodies of forced execution on the following categories is drawn:

And - it is suitable for service in bodies of forced execution;

The B - is suitable for service in bodies of forced execution with insignificant restrictions;

In - restrictedly it is suitable for service in bodies of forced execution;

- it is temporarily not suitable for service in bodies of forced execution;

Д - it is not suitable for service in bodies of forced execution.

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

7. Taking into account the education level, service length in bodies of forced execution 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).

8. 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 providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies.

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 bodies of forced execution, passing and termination of service in bodies of forced execution.

2. The obligations connected with accomplishment of tasks, including with risk for life and health 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 bodies of forced execution in case of its transfer in the order of body of forced execution. At the same time the employee does not replace position in bodies of forced execution. 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 bodies of forced execution when he does not replace position in bodies of forced execution 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 forced execution. The official ID of the employee is the document confirming the employee's personality, its belonging to body of forced execution, 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, criteria for evaluation of performance excellence of service duties, indicators of effectiveness of office activities and conditions of job development in bodies of forced execution;

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

4) on cash allowance according to 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";

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 bodies of forced execution;

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 providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies, documents before their entering into the personal record, 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 providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies 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 bodies of forced execution 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 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 bodies of forced execution;

15) on compulsory national insurance of life and health in accordance with the legislation of the Russian Federation;

16) on the state protection of his life and health, life and health of members of his family, and also belonging to it and members of his family of property;

17) on the state provision of pensions in accordance with the legislation of the Russian Federation;

18) on health protection and medical support in accordance with the legislation of the Russian Federation;

19) on providing with its premises and members of his family according to the procedure and on conditions which are established by the legislation of the Russian Federation;

20) on proper organizational and technical and sanitary and hygienic conditions of service;

21) on use of physical force, special means and firearms in cases and procedure which are provided by the Federal Law of July 21, 1997 No. 118-FZ "About bodies of forced execution of the Russian Federation";

22) on creation of the public associations which are not pursuing political goals and participation in their activities in time, free from execution of service duties, if it does not involve emergence of conflict of interest.

2. The employee after passing of special preparation has the right to carrying and storage of firearms and (or) special means in the cases provided by the Federal Law of July 21, 1997 No. 118-FZ "About bodies of forced execution of the Russian Federation", according to the procedure, established by federal body of forced execution.

3. The rights of the employee are determined by also Federal Law of July 21, 1997 No. 118-FZ "About bodies of forced execution of the Russian Federation" and the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding".

4. The employee's rights in bodies of forced execution are determined by the replaced position by the job description.

5. Other rights can be granted to the employee in accordance with the legislation of the Russian Federation.

Article 12. Service duties of the employee

1. The employee shall:

1) nobility and observe the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation in field of activity of bodies of forced execution, to provide their execution, to pass according to the procedure, established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies, regular checks of knowledge of the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation in the specified sphere;

2) nobility and carry out the job description and provisions of other documents determining its rights and service duties, to execute orders and orders of direct heads (chiefs);

3) to observe subordination - to address on office questions the direct head (chief), and if necessary and to the direct head (chief), having informed at the same time the direct head (chief);

To observe 4) on duty the rights and legitimate interests of citizens, public associations and organizations;

5) to observe the internal office schedule of body of forced execution, in perhaps short terms to report to the direct head (chief) the accident, approach of temporary disability and other circumstances interfering execution of the service duties;

6) to support the skill level necessary for proper execution of service duties, in accordance with the established procedure to undergo professional training and (or) to get additional professional education;

7) not to disclose the data which are the state and protected by the law other secret, and also data which became to it known in connection with execution of service duties including the data concerning private life and health of citizens or affecting their honor and advantage;

8) to protect state-owned property, including the property provided to it for execution of service duties;

To represent 9) according to the procedure and terms which are established by the legislation of the Russian Federation, data on the income, expenses, on property and obligations of property nature, and also on the income, expenses, on property and obligations of property nature of the of the spouse (spouse) and minor children;

To report 10) to the direct head (chief) about filing of application about getting out of citizenship of the Russian Federation in day of filing of application;

To report 11) to the direct head (chief) about getting out of citizenship of the Russian Federation or acquisition of nationality (citizenship) of foreign state in day of getting out of citizenship of the Russian Federation or in day of acquisition of nationality (citizenship) of foreign state;

12) not to allow abuses of office powers, to observe the restrictions and prohibitions connected with service in bodies of forced execution set by the Federal Laws and also to observe requirements to office behavior of the employee;

To report 13) to the direct head (chief) about emergence of personal interest which brings or can lead to conflict of interest on duty and take measures for prevention or settlement of such conflict;

To notify 14) according to the procedure, the established legislation of the Russian Federation on anti-corruption, on each case of the address to him of any persons for the purpose of inducement to making of corruption offense;

15) to conform on the level of physical training to qualification requirements for replacement of position in bodies of forced execution;

16) to undergo recurring inspections for professional suitability to actions in the conditions connected using physical force, special means and firearms;

To pass 17) annually according to the procedure, the established federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies, the routine medical examinations including chemical and toxicological researches of availability in human body of drugs, psychotropic substances and their metabolites and also in the direction of the authorized head medical examination including on state of intoxication (alcoholic, drug or other toxic intoxication);

To consider 18) within service duties and at the scheduled time of the address and the claim of citizens and the organizations;

19) according to the procedure, the stipulated in Clause 31 present of the Federal Law, temporarily to fulfill the duties which are not provided by the job description on the replaced position in bodies of forced execution;

20) to undergo obligatory state dactyloscopic registration according to the Federal Law of July 25, 1998 No. 128-FZ "About the state dactyloscopic registration in the Russian Federation";

21) nobility and observe requirements of protection of professional office activity (labor protection).

2. Service duties of the employee are determined by also Federal Law of July 21, 1997 No. 118-FZ "About bodies of forced execution of the Russian Federation" and the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding".

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