of July 31, 2023 No. 395-FZ
About application of provisions of the Criminal Code of the Russian Federation and Code of penal procedure of the Russian Federation in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region
Accepted by the State Duma on July 20, 2023
Approved by the Federation Council on July 28, 2023
Criminal trial in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region is performed by the rules established by the criminal procedure legislation of the Russian Federation, this Federal Law and taking into account provisions of the Federal constitutional Law of October 4, 2022 No. 5-FKZ "About acceptance to the Russian Federation of the Donetsk People's Republic and education as a part of the Russian Federation of the new subject - the Donetsk People's Republic", the Federal constitutional Law of October 4, 2022 No. 6-FKZ "About acceptance to the Russian Federation of the Luhansk People's Republic and education as a part of the Russian Federation of the new subject - the Luhansk People's Republic", The Federal constitutional Law of October 4, 2022 No. 7-FKZ "About acceptance to the Russian Federation of the Zaporizhia region and education as a part of the Russian Federation the new subject - the Zaporizhia region" and the Federal constitutional Law of October 4, 2022 No. 8-FKZ "About acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation the new subject - the Kherson region".
1. Crime and punishability of the acts made in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region till September 30, 2022 are determined based on the penal legislation of the Russian Federation. The turn at the same time is not allowed to the worst.
2. Act, responsibility for which making is established by regulatory legal acts of Ukraine, is not criminal and punishable if it contains essential elements of offense, provided by the Criminal Code of the Russian Federation, but it was directed to protection of interests of the Russian Federation, the Donetsk People's Republic, the Luhansk People's Republic or the interests of citizens or the organizations of the Russian Federation, the Donetsk People's Republic, the Luhansk People's Republic, the population and the organizations of the Zaporizhia region, Kherson region protected by the law.
3. The crimes committed till September 30, 2022 against interests of the Donetsk People's Republic and the Luhansk People's Republic are considered committed against interests of the Russian Federation. For the purposes of the Criminal Code of the Russian Federation of person, the specified crimes consisting in nationality of the Donetsk People's Republic or the Luhansk People's Republic and committed, are considered as citizens of the Russian Federation.
1. Production of preliminary inquiry of crimes about which criminal cases were in production of bodies of preliminary inquiry of the Donetsk People's Republic and the Luhansk People's Republic till September 30, 2022 continues according to requirements of the Code of penal procedure of the Russian Federation.
2. The evidence obtained on the criminal cases specified regarding 1 this Article has the same legal force as though they were received according to the criminal procedure legislation of the Russian Federation. Assessment and verification of such proofs are performed according to the requirements established by Articles 87 and 88 of the Code of penal procedure of the Russian Federation.
3. Materials on which in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and the Kherson region pre-judicial investigation of the acts containing signs of crimes was made according to the legislation of Ukraine and it was not complete for September 30, 2022, are transferred to the prosecutor for determination of type of criminal prosecution and competence according to the Code of penal procedure of the Russian Federation.
4. By results of consideration of the materials specified in part 3 of this Article the prosecutor according to Item 12 parts two of Article 37 of the Code of penal procedure of the Russian Federation issues the motivated decree which together with the received materials sends to relevant organ of pretrial investigation or body of inquiry for the decision making provided by the Code of penal procedure of the Russian Federation. The prosecutor according to part four of Article 20 of the Code of penal procedure of the Russian Federation directs materials about criminal offense of private prosecution to the head of investigating body, the investigator, the investigator for decision making according to the criminal procedure legislation of the Russian Federation.
5. In case of initiation of legal proceedings according to the procedure, provided by part 4 of this Article, the evidence obtained earlier has the same legal force as though they were received according to the criminal procedure legislation of the Russian Federation. Assessment and verification of such proofs are performed according to the requirements established by Articles 87 and 88 of the Code of penal procedure of the Russian Federation.
6. If act on which in the territory of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region or the Kherson region pre-judicial investigation according to the legislation of Ukraine was made is not crime according to the Criminal Code of the Russian Federation, and also in the absence of the bases for initiation of legal proceedings, the decision is made according to Article 148 of the Code of penal procedure of the Russian Federation.
7. Before completion of the actual forming in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region of bodies, authorized to make preliminary inquiry with transfer of all criminal cases and materials to them, appropriate authority according to requirements of the Code of penal procedure of the Russian Federation is also competent to perform the bodies of preliminary inquiry officially operating in the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and the Kherson region on the date of acceptance of the specified republics and areas in structure of the Russian Federation.
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