LAW OF THE RUSSIAN FEDERATION

of October 18, 1991 No. 1761-I

About recovery of victims of political repressions

For years of the Soviet power millions of people became the victims of arbitrary behavior of the totalitarian state, underwent to repressions for political and religious beliefs, on social, national and other features.

Condemning long-term terror and mass prosecutions of the people as incompatible with the idea of the right and justice, the Federal Assembly of the Russian Federation feels deep sympathy for the victims of unreasonable repressions, their family, declares the steady aspiration to try to obtain real guarantees of law enforcement and human rights.

The purpose of this Law is rehabilitation of all victims of the political repressions subjected to that in the territory of the Russian Federation since October 25 (on November 7), 1917, their recovery in the civil laws, elimination of other consequences of arbitrary behavior and ensuring compensation of material damage feasible now.

I. General provisions

Article 1. Political repressions various enforcement measures applied by the state for political motives in the form of deprivation of life or freedom, the placement on forced treatment in mental health medical institutions, expulsions from the country and deprivation of nationality, eviction of national groups from the places of residence, the directions in the reference, dispatch and to the special settlement, attraction to forced labor in the conditions of restriction of freedom, and also other deprivation or restriction of the rights and freedoms of persons who were recognized socially dangerous to the state or political system on class, social, national, religious or other features, performed on decisions of the courts and other bodies equipped with judicial functions, or administratively executive bodies and officials and public organizations or their bodies, the given administrative authority are recognized.

Article 1.1. And subject to rehabilitation are recognized undergone to political repressions: the children who were together with the parents or persons repressed for political motives replacing them in places of detention, in the reference, dispatch, on the special settlement;

the children who were left at minor age without care of parents or one of them, unreasonably repressed for political motives.

Article 2. This Law regarding procedure for rehabilitation extends:

on citizens of the Russian Federation, citizens of the states - the former federal republics of the USSR, the foreign citizens and stateless persons which underwent to political repressions in the territory of the Russian Federation since October 25 (on November 7), 1917;

on the persons who are constantly living in the territory of the Russian Federation, repressed by the Soviet judicial and administrative authorities operating outside the USSR, either military tribunals, or the central courts of USSR and extrajudicial bodies (The Supreme Court of the USSR and its boards, Board of OGPU USSR, the Special meeting under People's Commissariat for Internal Affairs-MGB-MVD of the USSR, the Commission of People's Commissariat for Internal Affairs of the USSR and Prosecutor's office of the USSR on investigative cases);

on the foreign citizens repressed on decision of the courts of USSR or extrajudicial bodies outside the USSR on a charge of acts against citizens of the USSR and interests of the USSR. Questions of rehabilitation of the foreign citizens repressed on decision of the courts of USSR or extrajudicial bodies outside the USSR based on the international laws for acts against interests of the United Nations in World War II are solved according to international agreements of the Russian Federation with the interested states.

Article 2.1. Victims of political repressions children, the spouse (spouse), parents of persons shot or the dead are recognized places of detention and rehabilitated posthumously.

Article 3. Rehabilitations of person which for political motives were are subject:

a) are condemned for the high and other treasons;

b) are subjected to criminal repressions according to decisions of bodies of VChK, GPUOGPU, UNKVD-NKVD, MGB, the Ministry of Internal Affairs, prosecutor's office and their boards, commissions, "special meetings", "two", "three" and other bodies performing judicial functions;

c) are subjected administratively to the reference, dispatch, the direction to the special settlement, attraction to forced labor in the conditions of restriction of freedom, including in "working columns of People's Commissariat for Internal Affairs", and also to other restrictions of the rights and freedoms;

d) are unreasonably placed on decisions of the courts and non-judicial bodies in mental health facilities on forced treatment;

e) are unreasonably brought to trial and on them are dismissed cases on not rehabilitating bases;

e) are acknowledged socially dangerous for political motives and are subjected to imprisonment, the reference, dispatch on decisions of the courts and extrajudicial bodies without a charge in making of specific crime.

Article 4. Rehabilitations the persons listed in article 3 of this Law, reasonably condemned by courts, and also subjected to punishments according to the decision of non-judicial bodies in which cases there are sufficient evidences on a charge of making of the following crimes are not subject:

a) high treason in the form of espionage, issues of military or state secret, transition to the party of the enemy; espionage, act of terrorism, diversion;

b) making of violent acts concerning the civilian population and prisoners of war, and also complicity to traitors of the Homeland and fascist invaders in making of such actions during the Great Patriotic War;

c) the organization of the bands committing murders, robberies and other violent acts, and also taking personal part in making of these acts as a part of bands;

d) war crimes, crimes against the world, against humanity and against justice.

Besides, the rehabilitations directed administratively to the special settlement of person from among repatriated Soviet citizens (prisoners of war and civilians) serving in front and special forming of fascist troops, police are not subject if there are proofs of their participation in prospecting, retaliatory and fighting against Red Army, guerrillas, armies of the countries of the anti-Hitlerite coalition and civilians, except for those who were involved in fighting against fascist troops as a part of Red Army, guerrilla groups or in resistance movement subsequently.

Article 5. Are recognized not containing public danger following acts and are rehabilitated irrespective of the actual justification of accusation of person, condemned for:

a) anti-Soviet propaganda and promotion;

b) distribution of obviously false fabrications discrediting the Soviet political or social order;

c) violation of the laws on disestablishment and schools from church;

d) infringement of the personality and the right of citizens under the guise of execution of religious practices;

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