FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2010 No. 403-FZ

About the Investigative Committee of the Russian Federation

Accepted by the State Duma of the Russian Federation on December 22, 2010

Approved by Council of the Russian Federation on December 24, 2010

Chapter 1. General provisions

Article 1. Investigative Committee of the Russian Federation

1. The Investigative Committee of the Russian Federation (further also - the Investigative Committee) is the federal state body performing in accordance with the legislation of the Russian Federation powers in the field of criminal trial.

2. The Investigative Committee performs other powers established by the Federal Laws and regulatory legal acts of the President of the Russian Federation.

3. The president of the Russian Federation performs management of activities of the Investigative Committee, approves Regulations on the Investigative Committee of the Russian Federation, the list of positions in the Investigative Committee of the Russian Federation by which assignment of the highest special ranks is provided, and establishes the number of staff of the Investigative Committee, including the number of staff of military investigating bodies of the Investigative Committee.

4. The main objectives of the Investigative Committee are:

1) operational and high-quality investigation of crimes according to the competence established by the criminal procedure legislation of the Russian Federation;

2) law enforcement in case of acceptance, registration, verification of messages on crimes, initiation of legal proceedings, production of preliminary inquiry and judicial examination, and also protection of rights and freedoms of man and citizen;

3) implementation of procedural control of activities of investigating bodies of the Investigative Committee and their officials;

3. 1) the organization and production in judicial and expert organization of the Investigative Committee of the judicial examinations appointed according to the criminal procedure legislation of the Russian Federation;

4) the organization and implementation within the powers of identification of the circumstances promoting making of crimes, taking measures to elimination of such circumstances;

5) implementation within the powers of international cooperation in the field of criminal trial;

6) development of measures for realization of state policy in the field of execution of the legislation of the Russian Federation on criminal trial;

7) enhancement of normative legal regulation in the established field of activity;

8) determination of procedure for forming and provision of statistic reports and activity reporting of investigating bodies and organizations of the Investigative Committee, procedural control.

5. Powers of the Investigative Committee and the organization of its activities are determined by this Federal Law, other Federal Laws, Regulations on the Investigative Committee of the Russian Federation and other regulatory legal acts of the President of the Russian Federation.

6. The Investigative Committee performs the activities in interaction with federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, public associations and the organizations, other bodies.

7. The Investigative Committee has the official symbols established by the President of the Russian Federation.

8. The Investigative Committee issues special editions.

Article 2. Legal basis of activities of the Investigative Committee

The legal basis of activities of the Investigative Committee are the Constitution of the Russian Federation, the conventional principles and rules of international law and the international agreements of the Russian Federation, the Federal constitutional Laws, this Federal Law and other Federal Laws, Regulations on the Investigative Committee of the Russian Federation, and also other regulatory legal acts of the Russian Federation.

Article 3. International cooperation

The Investigative Committee within the powers interacts with competent authorities of foreign states, signs agreements, cooperates with the international organizations according to international treaties and participates in development of international treaties of the Russian Federation in the established field of activity.

Article 4. The basic concepts used in this Federal Law

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

1) investigating bodies of the Investigative Committee - central office of the Investigative Committee and division of central office (including on federal districts); the Main Investigation Departments and investigation departments of the Investigative Committee on subjects of the Russian Federation (including their divisions on administrative districts) and equated to them specialized (including military) investigation departments and investigative departments of the Investigative Committee; investigative departments and investigative departments of the Investigative Committee of areas, the cities and equated to them, including specialized (including military), investigative divisions of the Investigative Committee;

2) organizations of the Investigative Committee - judicial and expert organization, the scientific and educational organizations of the Investigative Committee, and also other organizations created for ensuring activities of the Investigative Committee;

3) heads of investigating bodies of the Investigative Committee - The chairman of the Investigative Committee of the Russian Federation (further - the Chairman of the Investigative Committee), vice-chairmen of the Investigative Committee of the Russian Federation (further - the vice-chairman of the Investigative Committee), division managers of central office of the Investigative Committee, their first deputies and deputies, heads of the Main Investigation Departments, investigation departments, investigative departments and investigative departments, their first deputies and deputies, division managers of offices of the Main Investigation Departments, investigation departments, investigative departments and their deputies;

4) the investigator - the investigator, the senior investigator, the special investigator, the senior special investigator in case of the Chairman of the Investigative Committee of the Russian Federation, the senior special investigator, the investigator-criminalist, the senior investigator-criminalist;

5) the staff of the Investigative Committee (further also - employees) heads of investigating bodies of the Investigative Committee, investigators, and also other officials of the Investigative Committee having special or military ranks or replacement positions on which assignment of special or military ranks is provided.

Article 5. Principles of activities of the Investigative Committee

1. The Investigative Committee is single federal centralized system of investigating bodies and organizations of the Investigative Committee and acts on the basis of subordination of subordinate heads higher and to the Chairman of the Investigative Committee.

1.1. The judicial and expert organization of the Investigative Committee is effective irrespective of investigating bodies of the Investigative Committee. Employees and heads of judicial and expert organization of the Investigative Committee cannot be given authority investigators and heads of investigating bodies of the Investigative Committee.

2. Investigating bodies and organizations of the Investigative Committee:

1) is performed by powers irrespective of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, public associations and the organizations, other bodies and in accordance with the legislation of the Russian Federation;

2) are effective publicly in that measure in what it does not violate right and freedom of man and citizen, the legislation of the Russian Federation on the state and protected by the law other secret does not contradict requirements of the legislation of the Russian Federation about criminal trial;

3) is informed by federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies, and also the population on results of investigative activities.

3. The Investigative Committee, the Head military investigation department, the Main Investigation Departments and investigation departments of the Investigative Committee on subjects of the Russian Federation (including divisions of the specified managements on administrative districts) and equated to them specialized (including military) investigation departments and investigative departments of the Investigative Committee and organization of the Investigative Committee are legal entities. The Investigative Committee, the specified investigating bodies, investigative departments and investigative departments of the Investigative Committee on areas, the cities and equated to them, including specialized (including military), investigative divisions of the Investigative Committee and organization of the Investigative Committee have seal with the image of the State Emblem of the Russian Federation and with the full name.

4. The staff of the Investigative Committee cannot be members of the political parties and other public associations pursuing political goals and to take part in their activities. Creation and activities of the public associations pursuing political goals and their organizations in investigating bodies and organizations of the Investigative Committee are prohibited. The staff of the Investigative Committee in the office activities is not connected by decisions of political parties and other public associations.

5. The staff of the Investigative Committee has no right to combine the main activities with other activities on paid basis, except pedagogical, scientific and other creative activities. At the same time pedagogical, scientific and other creative activities cannot be financed only by means of foreign states, the international and foreign organizations, foreign citizens and stateless persons if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation. The staff of the Investigative Committee has no right to be part of governing bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their branches operating in the territory of the Russian Federation if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.

Article 6. Inadmissibility of intervention in activities of the Investigative Committee

1. Impact in any form of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, public associations and organizations, other bodies, mass media, their representatives, and also officials on the employee of the Investigative Committee for the purpose of rendering influence on the proceeding decision made by it or hindrance in any form of its procedural activities involves the responsibility established by the legislation of the Russian Federation.

2. The staff of the Investigative Committee shall not offer any explanations on the substance of being in their proceedings and materials, except as specified, stipulated by the legislation the Russian Federation. Cases and the materials of the Investigative Committee including affecting rights and freedoms of man and citizen are provided for acquaintance in cases and procedure which are stipulated by the legislation the Russian Federation.

3. Data of the checks and preliminary inquiry which are carried out by the Investigative Committee can be made public only with the permission of the employee of the Investigative Committee in accordance with the legislation of the Russian Federation.

Article 7. Obligation of execution of requirements of staff of the Investigative Committee

1. The employee of the Investigative Committee when implementing the procedural powers assigned to it by the criminal procedure legislation of the Russian Federation has the right:

1) freely to enter in the territory and the rooms occupied by federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies, and also the companies, organizations and the organizations irrespective of patterns of ownership and to have access to their documents and materials for the purpose of verification of the message on crime which is at it in production or investigations of criminal case;

2) to enter the residential and belonging to citizens other rooms, on the parcels of land belonging to them in case of crime execution suppression, prosecution of persons suspected of crime execution, or availability of sufficient data to believe what there is committed or the crime is committed;

3) to demand from heads and other officials of the bodies, the companies, organizations and the organizations specified in Item 1 of this part, provision of necessary documents, materials, statistical and other data allocation of specialists for examination arisen during verification of the message on crime and carrying out preliminary inquiry of questions; demand from officials of relevant organs, the companies, organizations and production organizations for this purpose documentary verifications, audits, researches of documents, objects, corpses and to recruit in these checks, audits, researches of specialists;

4) to call official and other persons for explanations and production of investigative actions when implementing pre-judicial production.

2. Requirements (requests, orders) of the employee of the Investigative Committee shown (directed, this) in case of verification of the message on crime, carrying out preliminary inquiry or implementation of other powers, are obligatory for execution by all companies, organizations, organizations, official and other persons without delay or in the time specified in the requirement (request, the order).

3. Statistical and other information, references, documents and their copies necessary for implementation assigned to investigating bodies and organizations of the Investigative Committee of powers are provided upon the demand of the employee of the Investigative Committee gratuitously.

4. Non-execution of legal requirements of the employee of the Investigative Committee or evasion from appearance on its challenge involves the responsibility established by the legislation of the Russian Federation.

Article 8. Participation of the head of investigating body of the Investigative Committee and investigator in meetings of public authorities, local government bodies and in consideration of representations

1. The chairman of the Investigative Committee, his deputies and for their order other staff of the Investigative Committee has the right to be present at meetings of chambers of Federal Assembly of the Russian Federation, their committees and commissions, the Governments of the Russian Federation, federal executive bodies, legislative (representative) and executive bodies of the government of subjects of the Russian Federation and local government bodies according to the procedure, established by the regulations or other regulatory legal acts determining procedure for activities of the specified bodies.

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