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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 3, 1995 No. 40-FZ

About the Federal Security Service

(as amended on 01-07-2021)

Accepted by the State Duma of the Russian Federation on February 22, 1995

This Federal Law determines appointment, structure, the legal basis and the principles of activities of the Federal Security Service, activity, power, force and means of bodies of the Federal Security Service, and also procedure for control and supervision of activities of bodies of the Federal Security Service.

Chapter I. General provisions

Article 1. Federal Security Service and its appointment

The Federal Security Service - the single centralized system of bodies of the Federal Security Service performing the decision within the powers of tasks on safety of the Russian Federation.

Management of activities of the Federal Security Service is performed of the President of the Russian Federation.

Control of the Federal Security Service is exercised of the head of federal executive body in the field of safety through the specified federal executive body and its territorial authorities. The head of federal executive body in the field of safety is appointed to position by the President of the Russian Federation after consultations with the Federation Council of Federal Assembly of the Russian Federation (further - the Federation Council) and dismissed by the President of the Russian Federation.

The president of the Russian Federation brings in the Federation Council representation on the candidate for the head of federal executive body in the field of safety and other materials characterizing the presented candidacy.

The Federation Council no later than week term from the date of the receipt of representation and other materials specified in part four of this Article informs in writing the President of the Russian Federation on results of consideration of the presented candidacy.

Article 2. Bodies of the Federal Security Service

Treat bodies of the Federal Security Service:

federal executive body in the field of safety;

managements (departments) of federal executive body in the field of safety on certain regions and subjects of the Russian Federation (territorial authorities of safety);

managements (departments) of federal executive body in the field of safety in the Armed Forces of the Russian Federation, other troops and military forming, and also in their governing bodies (security service in troops);

managements (departments, services, groups) of federal executive body in the field of safety on the border service (boundary bodies);

other managements (departments) of federal executive body in the field of safety performing separate powers of this body or the providing activities of bodies of the Federal Security Service (other security service);

aviation divisions, the centers of special preparation, division of special purpose, the company, the educational and scientific organizations, expert, judicial and expert, military-medical divisions and the organizations (further - the military-medical organizations), the military and construction divisions and other organizations and divisions intended for ensuring activities of the Federal Security Service.

Territorial authorities of safety, security service in troops, boundary bodies and other security service are territorial authorities of federal executive body in the field of safety and are under its direct supervision.

Federal executive body in the field of safety, territorial authorities of safety, security service in troops and boundary bodies can incorporate the divisions which are directly realizing the main activities of bodies of the Federal Security Service, the managerial and providing functions.

Creation of the bodies of the Federal Security Service which are not provided by this Federal Law is not allowed.

In bodies of the Federal Security Service creation of structural divisions of political parties and activities of political parties, the social movements pursuing political goals, and also conducting political propaganda and election campaigns are forbidden.

Article 3. Federal executive body in the field of safety

The federal executive body in the field of safety creates the territorial authorities, will organize activities of the specified bodies, publishes regulations within the powers and directly realizes the main activities of bodies of the Federal Security Service.

In case of federal executive body in the field of safety the Academy of cryptography of the Russian Federation is effective. The charter of Academy of cryptography of the Russian Federation affirms the President of the Russian Federation.

Article 4. Legal basis of activities of the Federal Security Service

The legal basis of activities of the Federal Security Service is constituted by the Constitution of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation.

Activities of the Federal Security Service are performed also according to international treaties of the Russian Federation.

Article 5. Principles of activities of the Federal Security Service

Activities of the Federal Security Service are performed on the basis of the following principles:

legality;

respect and observance of rights and freedoms of man and citizen;

humanity;

unity of system of bodies of the Federal Security Service, and also centralization of management of them;

conspiracy, combination of public and secret methods and means of activities.

Article 6. Observance of rights and freedoms of man and citizen in activities of the Federal Security Service

The state guarantees observance of rights and freedoms of man and citizen when implementing of the activities by the Federal Security Service. Restriction of the rights and freedoms of man and citizen, except as specified, provided by the Federal constitutional Laws and the Federal Laws is not allowed.

Person believing that bodies of the Federal Security Service or their officials violate its rights and freedoms has the right to appeal actions of the specified bodies and officials in higher body of the Federal Security Service, prosecutor's office or court.

State bodies, the companies, organizations and the organizations irrespective of patterns of ownership, and also public associations and citizens have the right to obtain in accordance with the legislation of the Russian Federation explanations and information from bodies of the Federal Security Service in case of restriction of the rights and freedoms.

State bodies, the companies, organizations and the organizations irrespective of patterns of ownership, and also public associations and citizens have the right to demand from bodies of the Federal Security Service of compensation of the material damage and moral harm done by actions of officials of bodies of the Federal Security Service in case of execution of service duties by them.

The data on private life received in the course of activities of bodies of the Federal Security Service affecting honor and advantage of the citizen or capable to do harm to its legitimate interests cannot be told by bodies of the Federal Security Service to somebody without the voluntary consent of the citizen, except as specified, provided by the Federal Laws.

In case of violation by the staff of bodies of the Federal Security Service of rights and freedoms of man and citizen the head of relevant organ of the Federal Security Service, the prosecutor or the judge shall take measures for recovery of these rights and freedoms, compensation of the caused damage and involvement of guilty persons to responsibility, the stipulated by the legislation Russian Federation.

The officials of bodies of the Federal Security Service who allowed authority misuse or excess of office powers bear responsibility, stipulated by the legislation the Russian Federation.

Article 7. Protection of data on the Federal Security Service

The information access about activities of bodies of the Federal Security Service is provided in accordance with the legislation of the Russian Federation taking into account the features established by this Federal Law and acts of the President of the Russian Federation.

Information about the military personnel, federal government civil servants, employees of bodies of the Federal Security Service, persons dismissed from bodies of the Federal Security Service, the citizens enlisting under the contract on Federal public civil service or for work in bodies of the Federal Security Service the persons rendering or rendering them assistance on confidential basis can be transferred by bodies of the Federal Security Service to other state bodies, other organizations and citizens only in the cases provided by the Federal Laws. The specified data can be transferred in other cases based on the decision of the head of federal executive body in the field of safety or the official authorized by it.

Physical persons are allowed to the data on bodies of the Federal Security Service which are the state and protected by the law other secret, according to the procedure, stipulated by the legislation the Russian Federation about the state and protected by the law other secret if other is not stipulated by the legislation the Russian Federation.

To physical persons it can be denied access to the data on bodies of the Federal Security Service which are the state and protected by the law other secret on the bases, stipulated by the legislation to the Russian Federation about the state and protected by the law other secret, or for reasons of own safety of bodies of the Federal Security Service.

Physical persons are allowed to participation in counterintelligence activities, fight against terrorism and crime, intelligence activities, boundary activities and activities for ensuring the information security performed by bodies of the Federal Security Service (further - operational and service activity), and (or) to the materials received as a result of implementation of such activities, according to the procedure, determined by the head of federal executive body in the field of safety.

Military personnel, federal government civil servants, employees of bodies of the Federal Security Service, and also persons dismissed from bodies of the Federal Security Service shall observe confidentiality of information on activities of bodies of the Federal Security Service which is professional secrecy.

Information which is not containing the data which are the state and protected by the law other secret belongs to professional secrecy of bodies of the Federal Security Service, disclosure (distribution) of which can create threat of own safety of bodies of the Federal Security Service and (or) cause damage to their reputation.

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