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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 27, 2005 No. 196-FZ

About parliamentary investigation of Federal Assembly of the Russian Federation

(as amended on 03-04-2023)

Accepted by the State Duma on December 7, 2005

Approved by the Federation Council on December 14, 2005

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the public relations connected with implementation by chambers of Federal Assembly of the Russian Federation of activities for investigation of the facts and circumstances having negative consequences for society and the state.

2. This Federal Law establishes the bases for conducting parliamentary investigation of Federal Assembly of the Russian Federation (further - parliamentary investigation), its organizational forms and basic provisions concerning the procedure of parliamentary investigation, and also the right and obligation of the officials and citizens recruited in parliamentary investigation.

3. For the purposes of this Federal Law officials persons, replacement state positions of the Russian Federation, the state positions of subjects of the Russian Federation or municipal positions, and also persons are recognized, it is permanent, temporary or on special power the performing functions of the public agent or the performing organizational and administrative, administrative functions in state bodies, local government bodies, the public and local government offices, in the Armed Forces of the Russian Federation, other troops and military forming of the Russian Federation.

Article 2. Purposes and principles of parliamentary investigation

1. The purposes of parliamentary investigation are:

1) protection of the rights and freedoms of man and citizen guaranteed by the Constitution of the Russian Federation;

2) providing with chambers Federal Assembly of the Russian Federation of control of activities of the Government of the Russian Federation, executive bodies of the government of subjects of the Russian Federation, the state bodies which are not public authorities and also local government bodies on elimination of the reasons and consequences of the events which formed the basis for conducting parliamentary investigation;

3) identification of the reasons and conditions of emergence of the facts and circumstances which formed the basis for conducting parliamentary investigation, informing about them society, and also rendering assistance in elimination of such reasons and conditions.

2. Parliamentary investigation is made on the basis of the principles of legality, respect and observance of rights and freedoms of man and citizen, respect of honor and advantage of the personality, equality of citizens before the law, collective nature, objectivity and publicity.

3. Parliamentary investigation does not substitute for itself inquiry, pretrial investigation and legal proceedings.

Article 3. Legal basis of parliamentary investigation

Parliamentary investigation is made on the basis of the Constitution of the Russian Federation, the Federal constitutional Laws, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation.

Article 4. Subject of parliamentary investigation

1. Are subject to parliamentary investigation:

1) the facts of gross or mass violation of the rights and freedoms of man and citizen guaranteed by the Constitution of the Russian Federation;

2) the circumstances connected with emergence of emergency situations of technogenic nature;

3) the circumstances connected with negative consequences of emergency situations of natural and technogenic nature.

4) the facts of gross violation of financial discipline expressed in untimely execution profitable and (or) items of expenditure of the federal budget or budgets of state non-budgetary funds of the Russian Federation for amount, structure and purpose in inefficiency of expenses of means of the federal budget and means of state non-budgetary funds of the Russian Federation, management and the order of federal property.

2. Are not subject to parliamentary investigation:

1) activities of the President of the Russian Federation;

2) activities of court for justice implementation;

3) the activities of bodies of inquiry and bodies of pretrial investigation performed by them according to the criminal procedure legislation.

3. Establishment of guilt of particular persons in crime execution cannot be subject of parliamentary investigation.

4. In case of adoption of the general jurisdiction by federal court, Arbitration Court or the magistrate judge to production of the case concerning the facts and circumstances investigated according to this Federal Law, parliamentary investigation is not made concerning the facts and circumstances, certain:

1) contents of the indictment or indictment and limited in amount actually the actus reus formulated in them;

2) contents of the statement for crime execution on criminal case of private prosecution, including about crime event, the place, time, and also about circumstances of its making;

3) subject of action or statements if in the action for declaration or the statement the facts and circumstances, possible for determination and procedural allocation and the giving grounds for lawsuit are specified;

4) contents of the protocol (the resolution of the prosecutor) on administrative offense and limited in amount actually structure of administrative offense in connection with which making this protocol is constituted (this decree is issued).

5. The facts and circumstances established by the decision (sentence) of court which took legal effect are recognized the parliamentary commission on investigation of the facts and circumstances which formed the basis for conducting parliamentary investigation (further - the commission), without additional check and cannot be called into question.

Article 5. Term of parliamentary investigation

1. The term of parliamentary investigation cannot exceed one year from the date of creation of the commission.

2. Parliamentary investigation shall be completed before the end of term of office of the State Duma of Federal Assembly of the Russian Federation (further - the State Duma) the corresponding convocation.

Article 6. Bases for initiation of parliamentary investigation

1. The bases for initiation of parliamentary investigation are the events which became known to senators of the Russian Federation or deputies of the State Duma of Federal Assembly of the Russian Federation (further - deputies of the State Duma) and connected with the facts and circumstances specified regarding 1 article 4 of this Federal Law.

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