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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 1, 2006 No. 199-FZ

About legal proceedings on materials about gross minor offenses in case of application to the military personnel of disciplinary arrest and about execution of disciplinary arrest

(as amended on 28-11-2018)

Accepted by the State Duma on November 15, 2006

Approved by the Federation Council on November 24, 2006

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law establishes procedure for application by public vessels to the military personnel of disciplinary arrest and execution of disciplinary arrest.

2. The procedure for application established by this Federal Law to the military personnel of disciplinary arrest and execution of disciplinary arrest extends also to the citizens of the Russian Federation called on military charges.

3. The procedure for application established by this Federal Law to the military personnel of disciplinary arrest and execution of disciplinary arrest does not extend to the military personnel serving sentence in the form of content in disciplinary military unit.

Article 2. Legal regulation of application to the military personnel of disciplinary arrest and execution of disciplinary arrest

Legal regulation of application to the military personnel of disciplinary arrest and execution of disciplinary arrest is based on provisions of the Constitution of the Russian Federation and N76-FZ "About the Status of the Military Personnel" (further - the Federal Law "About the Status of the Military Personnel"), this Federal Law, other Federal Laws, all-army regulations and other regulatory legal acts of the Russian Federation is performed according to the Federal constitutional Laws, the Federal Law of May 27, 1998.

Article 3. Pre-judicial production on materials about gross minor offense

Pre-judicial production on materials about gross minor offense and the direction in garrison military court of the specified materials are performed according to the Federal Law "About the Status of the Military Personnel" and all-army regulations.

Article 4. Cognizance of materials about gross minor offense

Materials about gross minor offense are considered by garrison military court in which the specified materials arrived.

Chapter 2. Participants of judicial review of materials about gross minor offense. Branches

Article 5. Participation of the serviceman concerning which production on materials about gross minor offense, in judicial review of the specified materials is conducted

1. Materials about gross minor offense are considered in garrison military court with participation of the serviceman concerning which production on the specified materials is conducted.

2. The serviceman concerning whom production on materials about gross minor offense is conducted and which is involved in judicial review of the specified materials has the right to get acquainted with all materials, to produce the evidence and to participate in their research, including to ask questions to participants of judicial review of the specified materials with the permission of the judge of garrison military court, to declare petitions and branches, to use legal aid of the defender, to communicate with the defender alone and confidentially, and also to have other rights provided by this Federal Law.

Article 6. Participation of the defender in judicial review of materials about gross minor offense

1. According to the petition of the serviceman concerning which production on materials about gross minor offense is conducted the defender who is allowed to participation in judicial review of the specified materials from the moment of acceptance by the judge of garrison military court of the decision on purpose of judicial review can be involved in judicial review of the specified materials.

2. As the defender the lawyer is allowed to participation in judicial review of materials about gross minor offense. Powers of the lawyer make sure the order issued by the corresponding lawyer education.

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