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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 10, 2008 No. 76-FZ

About public control over ensuring human rights in places of detention and about assistance to persons which are in places of detention

(as amended on 30-04-2021)

Accepted by the State Duma of the Russian Federation on May 21, 2008

Approved by Council of the Russian Federation on May 30, 2008

Article 1. Subject of regulation of this Federal Law

1. This Federal Law establishes the legal basis of participation of public associations in public control over ensuring human rights in places of detention (further also - public control), assistance to persons which are in places of detention including in creation of conditions for their adaptation to life in society.

2. This Federal Law does not diminish the right of public associations, public councils, bodies and commissions to implementation of public control according to other regulatory legal acts of the Russian Federation.

Article 2. Basic concepts

For the purposes of this Federal Law the following basic concepts are used:

1) persons which are in places of detention - persons subjected to administrative detention and administrative detention; the military personnel subjected to disciplinary arrest; the persons detained on suspicion of crime execution and (or) accused of crime execution to which the measure of restraint in the form of detention is applied (further - suspects and (or) persons accused); convicts to imprisonment; the minors which are in detention centers for minor offenders of law-enforcement bodies (further - minor offenders); the minors which are in special teaching and educational facilities of the closed type (further - teaching and educational organizations of the closed type) and places of detention; the foreign citizens and stateless persons which are subject to administrative expulsion out of limits of the Russian Federation or deportation, the foreign citizens and stateless persons which are subject to transfer by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission, the foreign citizens and stateless persons accepted by the Russian Federation from foreign state according to the international treaty of the Russian Federation on readmission, but who do not have legal causes for stay (residence) in the Russian Federation and being in the special facilities specified in Item 2 of this Article; persons to whom enforcement powers of medical nature are applied; the persons hospitalized in the medical organization giving mental health services in stationary conditions, in involuntary procedure or directed to psychiatric survey in involuntary procedure;

2) places of detention - the places of serving of administrative detention and administrative detention established by the law; places of serving of disciplinary arrest; places of detention of suspects and persons accused (pre-trial detention centers of criminal executive system, temporary detention centers of suspects and persons accused of law-enforcement bodies and boundary bodies of the Federal Security Service); the organizations of criminal executive system performing criminal penalty in the form of imprisonment (further - the organizations performing punishments); disciplinary military units, guardrooms; detention centers for minor offenders of law-enforcement bodies; teaching and educational organizations of the closed type; the special facilities of federal executive body in the field of internal affairs or its territorial authority intended for content of the foreign citizens and stateless persons who are subject to administrative expulsion out of limits of the Russian Federation or deportation, or the foreign citizens and stateless persons who are subject to transfer by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission or the foreign citizens and stateless persons accepted by the Russian Federation from foreign state according to the international treaty of the Russian Federation on readmission, but who do not have legal causes for stay (residence) in the Russian Federation; forensic-psychiatric expert medical organizations; the medical organizations giving mental health services in stationary conditions, general type, specialized type or specialized type with intensive observation.

Article 3. Legal regulation in the field of public control and assistance to persons which are in places of detention

Legal regulation in the field of public control and assistance to persons which are in places of detention is performed according to the Constitution of the Russian Federation, the conventional principles and rules of international law, international treaties of the Russian Federation, Federal constitutional law of February 26, 1997 No. 1-FKZ "About the Commissioner for Human Rights in the Russian Federation", Federal law of April 4, 2005 No. 32-FZ "About Public chamber of the Russian Federation", this Federal Law, other Federal Laws.

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