FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 30, 2011 No. 342-FZ

About service in law-enforcement bodies of the Russian Federation and modification of separate legal acts of the Russian Federation

Accepted by the State Duma on November 17, 2011

Approved by the Federation Council on November 25, 2011

Chapter 1. General provisions

Article 1. Main terms

For the purposes of this Federal Law the applied terms mean:

1) service in law-enforcement bodies - the Federal State Service representing professional office activity of citizens of the Russian Federation (further - citizens) on positions in law-enforcement bodies of the Russian Federation (further - law-enforcement bodies), and also on the positions which are not positions in law-enforcement bodies, in cases and on conditions which are provided by this Federal Law, other Federal Laws and (or) regulatory legal acts of the President of the Russian Federation;

2) positions in law-enforcement bodies - positions of staff of law-enforcement bodies who are established in the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of internal affairs (further - federal executive body in the field of internal affairs), its territorial authorities, divisions, the organizations and services;

3) the head of federal executive body in the field of internal affairs - the person replacing the state position of the Russian Federation and performing powers of the employer on behalf of the Russian Federation concerning the staff of law-enforcement bodies;

4) the head (chief) - the head of federal executive body in the field of internal affairs and his deputy, the head (chief) of structural division of federal executive body in the field of internal affairs and his deputy, the head (chief) of territorial authority of federal executive body in the field of internal affairs and his deputy, the head (chief) of structural division of territorial authority of federal executive body in the field of internal affairs and his deputy, the head (chief) of division, organization or service (further - division) and his deputy, the employee of law-enforcement bodies given in accordance with the established procedure authority on management of other employees including it is temporary;

5) the authorized head - the deputy manager of federal executive body in the field of internal affairs, the head (chief) of structural division of federal executive body in the field of internal affairs, the head (chief) of territorial authority of federal executive body in the field of internal affairs, the head (chief) of structural division of territorial authority of federal executive body in the field of internal affairs, the head (chief) of division, allocated in accordance with the established procedure with the head of federal executive body in the field of internal affairs powers of the employer on behalf of the Russian Federation.

Article 2. Subject of regulation of this Federal Law

1. Subject of regulation of this Federal Law are the legal relationship connected with revenues to service in law-enforcement bodies, its passing and the termination and also with determination of legal status (status) of the employee of law-enforcement bodies.

2. The legal relationship connected with passing in law-enforcement bodies of Federal public civil service are regulated by the legislation of the Russian Federation on the public civil service, and employment relationships - the labor law.

Article 3. Legal regulation of service in law-enforcement bodies

1. Regulation of the legal relationship connected with service in law-enforcement bodies is performed according to:

1) Constitution of the Russian Federation;

2) this Federal Law;

3) the Federal Law of February 7, 2011 No. 3-FZ "About police" (further - the Federal Law "About Police"), the Federal Law of July 19, 2011 No. 247-FZ "About social guarantees to the staff of law-enforcement bodies of the Russian Federation and modification of separate legal acts of the Russian Federation" and other Federal Laws regulating the legal relationship connected with service in law-enforcement bodies;

4) regulatory legal acts of the President of the Russian Federation;

5) regulatory legal acts of the Government of the Russian Federation;

6) regulatory legal acts of federal executive body in the field of internal affairs.

2. In the cases which are not settled by the regulatory legal acts of the Russian Federation specified regarding 1 this Article regulations of the labor law are applied to the legal relationship connected with service in law-enforcement bodies.

3. If the international treaty of the Russian Federation ratified according to the procedure, established by the legislation of the Russian Federation, establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty of the Russian Federation.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 4. The principles of service in law-enforcement bodies

1. The service in law-enforcement bodies is performed according to the basic principles of creation and functioning of system of public service of the Russian Federation (further - public service) established by the Federal Law of May 27, 2003 No. 58-FZ "About system of public service of the Russian Federation".

2. The principles of service in law-enforcement bodies are:

1) one-man management and subordination (subordination) on service in law-enforcement bodies;

2) obligatory professional selection in case of equal access for citizens to service in law-enforcement bodies and creation of opportunities for job development irrespective of floor, race, nationality, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also from other circumstances which are not connected with professional and business qualities of the employee of law-enforcement bodies;

3) interrelation of restrictions, obligations, prohibitions, responsibility on service in law-enforcement bodies and social guarantees of the employee of law-enforcement bodies (further also - the employee).

3. The principles of service in law-enforcement bodies are implemented in case of observance of following provisions:

1) the employee of law-enforcement bodies in the activities is guided by the legislation of the Russian Federation, nobody has the right to interfere with legal activities of the employee, except persons which are directly authorized on that by the Federal Law;

2) the employee of law-enforcement bodies in case of accomplishment of service duties submits only to direct heads (chiefs). Direct heads (chiefs) of the employee are heads (chiefs) to whom he is subordinated on service, including is temporary; the direct head (chief), closest to the employee, is his direct head (chief); the employees who are not subordinated each other on service can be senior or younger on subordination; the seniority of employees is determined by the replaced position and if employees replace equivalent positions, - by special rank;

3) for the employee of law-enforcement bodies accomplishment of orders and the orders of heads (chiefs) made in accordance with the established procedure and not contradicting the Federal Law is obligatory;

4) restriction of rights and freedoms of man and citizen on the employee of law-enforcement bodies is allowed by the Federal Law in that measure in what it is necessary for accomplishment of the tasks connected with protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons and for safety of the state;

5) the employee of law-enforcement bodies has no right to refuse accomplishment of the service duties if these obligations are provided by the contract on service in law-enforcement bodies (further - the contract) or official regulations (job description) and for accomplishment of these obligations necessary security measures are taken;

6) the employee of law-enforcement bodies is forbidden to consist in political parties, to financially support political parties and to take part in their activities. When implementing office activities the employee shall not be connected by decisions of political parties, other public associations and religious organizations.

Article 5. Interrelation of service in law-enforcement bodies, public service of other types and municipal service

1. The interrelation of service in law-enforcement bodies and public service of other types is provided on the basis of unity of system of public service and the principles of its creation and functioning, and also by means of:

1) sootnositelnost of the main conditions and the amount of compensation, and also the basic social guarantees in case of service in law-enforcement bodies and public service of other types;

2) establishments of restrictions and obligations in case of service in law-enforcement bodies and public service of other types;

3) accounting of service length in law-enforcement bodies in case of calculation of years of service of public service of other types;

4) sootnositelnost of special ranks, military ranks, class ranks and diplomatic ranks;

5) sootnositelnost of the main conditions of the state provision of pensions of staff of the law-enforcement bodies and citizens passing public service of other types.

2. The interrelation of service in law-enforcement bodies and municipal service is provided by means of accounting of service length in law-enforcement bodies in case of calculation of years of service of municipal service.

3. To the citizen passing public service of other types, appointed to position of the highest commanding structure, or the employee of law-enforcement bodies appointed to the corresponding position of public service of other type according to the decision of the President of the Russian Federation social warranties which the specified citizen or the employee had can be kept.

Chapter 2. Positions in law-enforcement bodies. Special ranks

Article 6. Positions in law-enforcement bodies

1. Positions in law-enforcement bodies are established for the purpose of direct execution, the organization and ensuring execution of powers of the federal executive body in the field of internal affairs, its territorial authorities, divisions or powers of the person replacing the state position of the Russian Federation.

2. The list of standard positions as law-enforcement bodies and the special ranks corresponding to them affirms the President of the Russian Federation.

3. Based on the list of standard positions in law-enforcement bodies by the head of federal executive body in the field of internal affairs taking into account features of functioning of these bodies positions with other names - non-standard positions can be established corresponding to standard positions on the legal status.

Article 7. Classification of positions in law-enforcement bodies

Positions in law-enforcement bodies are subdivided on:

1) positions of the highest commanding structure;

2) positions of the senior commanding structure;

3) positions of the average commanding structure;

4) positions of the younger commanding structure;

5) positions of ordinary structure.

Article 8. Special ranks

1. The special ranks established on positions in law-enforcement bodies are appropriated according to this Federal Law.

2. The following special ranks are established:

1) ordinary structure: police officer, ordinary internal service, ordinary justice;

2) the younger commanding structure:

a) police lance sergeant, lance sergeant of internal service, lance sergeant of justice;

b) police sergeant, sergeant of internal service, sergeant of justice;

c) police staff sergeant, staff sergeant of internal service, staff sergeant of justice;

d) police sergeant major, foreman of internal service, foreman of justice;

e) police officer, ensign of internal service, ensign of justice;

e) senior police officer, senior warrant officer of internal service, senior warrant officer of justice;

3) the average commanding structure:

a) police second lieutenant, second lieutenant of internal service, second lieutenant of justice;

b) police lieutenant, lieutenant of internal service, lieutenant of justice;

c) senior police lieutenant, senior lieutenant of internal service, senior lieutenant of justice;

d) police captain, captain of internal service, captain of justice;

4) the senior commanding structure:

a) police major, major of internal service, major of justice;

b) police lieutenant colonel, lieutenant colonel of internal service, lieutenant colonel of justice;

c) police colonel, colonel of internal service, colonel of justice;

5) the highest commanding structure:

a) police major general, major general of internal service, major general of justice;

b) police lieutenant general, lieutenant general of internal service, lieutenant general of justice;

c) police colonel general, colonel general of internal service, colonel general of justice;

d) general of police of the Russian Federation.

3. The special rank is given to the employee of law-enforcement bodies according to the replaced position.

4. In case of substitution of position of ordinary structure to the employee of law-enforcement bodies the special rank of the police officer, private of internal service or the private of justice is given.

5. In case of substitution of positions of the commanding structure the following limiting special ranks are established:

1) the senior police officer, the senior warrant officer of internal service, the senior warrant officer of justice - in case of substitution of positions of the younger commanding structure;

2) the police captain, the captain of internal service, the captain of justice - in case of substitution of positions of the average commanding structure;

3) the police colonel, the colonel of internal service, the colonel of justice - in case of substitution of positions of the senior commanding structure;

4) the general of police of the Russian Federation, the colonel general of internal service, the colonel general of justice - in case of substitution of positions of the highest commanding structure.

6. The list of positions of the highest commanding structure and special ranks corresponding to them affirms the President of the Russian Federation.

7. Lists of positions of ordinary structure, younger, average and the senior commanding structure and special ranks corresponding to them affirm federal executive body in the field of internal affairs based on stipulated in Article 6th this Federal Law of the list of standard positions as law-enforcement bodies and the special ranks corresponding to them.

Article 9. Qualification requirements to positions in law-enforcement bodies

1. The number of qualification requirements to positions in the law-enforcement bodies established according to structures of positions in law-enforcement bodies includes requirements to the education level, service length in law-enforcement bodies or to the years of service (experience) of occupational work, professional knowledge and skills, the state of health of staff of law-enforcement bodies necessary for accomplishment of obligations on the replaced position (further also - service duties).

2. Qualification requirements to positions in law-enforcement bodies provide availability for positions of ordinary structure and the younger commanding structure of the secondary general education, for positions of the average commanding structure - educations are not lower than average professional (except for secondary professional education according to programs of training of skilled workers, employees), corresponding to activity, for positions of the senior and highest commanding structure - the higher education corresponding to activity.

3. The number of qualification requirements to positions of average and the senior commanding structure which are included in the list of positions approved by the head of federal executive body in the field of internal affairs, accomplishment of obligations on which provides investigation or the organization of investigation of criminal cases, administrative investigation, hearing of cases about administrative offenses or conducting anti-corruption and legal examinations, includes availability of the higher legal education. In exceptional cases and on the conditions established by federal executive body in the field of internal affairs to these positions there can be nominated persons having other higher education and the work experience allowing to carry out service duties.

4. Qualification requirements to service length in law-enforcement bodies or to the years of service (experience) of occupational work, education, professional knowledge and skills of the employee of law-enforcement bodies necessary for accomplishment of service duties, are established:

1) the President of the Russian Federation - concerning positions of the highest commanding structure;

2) the head of federal executive body in the field of internal affairs - concerning positions of ordinary structure, younger, average and the senior commanding structure.

5. Requirements to the state of health of the citizens arriving on service in law-enforcement bodies and the staff of law-enforcement bodies depending on positions and features of service on separate positions are established by the head of federal executive body in the field of internal affairs. Procedure for passing by the citizens arriving on service in law-enforcement bodies both the staff of law-enforcement bodies of military-medical examination and procedure for professional psychological selection in law-enforcement bodies are appointed by the Government of the Russian Federation.

6. By results of military-medical examination of the citizens arriving on service in law-enforcement bodies and the staff of law-enforcement bodies by the military-medical commission draws the conclusion about the validity of such citizens and employees to service in law-enforcement bodies on the following categories:

And - it is suitable for service in law-enforcement bodies;

The B - is suitable for service in law-enforcement bodies with insignificant restrictions;

In - restrictedly it is suitable for service in law-enforcement bodies;

- it is temporarily not suitable for service in law-enforcement bodies;

Д - it is not suitable for service in law-enforcement bodies.

6.1. The employees recognized by the military-medical commission not suitable for service in law-enforcement bodies owing to mutilation (wound, injury, contusion) or the diseases got on duty during the course of performance tasks in special conditions, awarded in connection with such participation by the state awards of the Russian Federation, being combat veterans in connection with execution of service duties in special conditions and shown willingness to continue service in law-enforcement bodies, can be appointed to the mutilations which are picked up individually taking into account nature (wound, injury, contusion) or position diseases in law-enforcement bodies. Conditions of service by the employees specified in this part are determined by the head of federal executive body in the field of internal affairs.

7. Concerning separate positions of ordinary structure, younger, average and the senior commanding structure by the head of federal executive body in the field of internal affairs qualification requirements to the level of physical training can be established.

8. Taking into account the education level, service length in law-enforcement bodies or years of service (experience) of occupational work, professional knowledge and skills to the staff of law-enforcement bodies the following qualification ranks are given: specialist of the third class, specialist of second class, specialist of the first class, master (highest qualification rank). The procedure for assignment, confirmation of qualification rank, decrease in qualification rank, deprivations of qualification rank and accounting of staff of the law-enforcement bodies having qualification ranks is determined by federal executive body in the field of internal affairs.

Chapter 3. Legal status (status) of the employee of law-enforcement bodies

Article 10. Employee of law-enforcement bodies

1. The employee of law-enforcement bodies - the citizen who undertook obligations on passing of the Federal State Service in law-enforcement bodies as the private or the commanding structure and to whom in the procedure established by this Federal Law the special rank of the private or the commanding structure is given.

2. The employee of law-enforcement bodies can serve in law-enforcement bodies in case of its transfer in the order of federal executive body in the field of internal affairs, its territorial authority, division or in case of posting, the stipulated in Article 32 presents of the Federal Law. At the same time the employee does not replace position in law-enforcement bodies. By the Federal Laws and (or) regulatory legal acts of the President of the Russian Federation other cases of passing by the employee of service in law-enforcement bodies when he does not replace position in law-enforcement bodies can be established.

3. The legal status (status) of the employee of law-enforcement bodies is determined by this Federal Law and the Federal Laws regulating features of service in law-enforcement bodies.

4. The official ID and special counter with personal number are issued to the employee of law-enforcement bodies. Samples of the official ID and special counter of the employee of law-enforcement bodies and procedure for their issue affirm federal executive body in the field of internal affairs. The official ID of the employee of law-enforcement bodies is the document confirming the employee's personality, its belonging to federal executive body in the field of internal affairs, to its territorial authority or division, position and special rank of the employee. The official ID of the employee of law-enforcement bodies confirms its right to carrying and storage of firearms and (or) special means, other rights and powers conferred to the employee by the legislation of the Russian Federation.

Article 11. Rights of the employee of law-enforcement bodies

1. The employee of law-enforcement bodies has the right:

1) on the conditions necessary for accomplishment of service duties and professional development;

2) on acquaintance with official regulations (job description) and other documents determining its rights and obligations by the replaced position with criteria for evaluation of efficiency of accomplishment of service duties, indicators of effectiveness of office activities and conditions of job development in law-enforcement bodies;

3) on rest in accordance with the legislation of the Russian Federation;

4) on the cash allowance which is fixed asset of its material security and stimulation of accomplishment of service duties by it;

5) on obtaining in accordance with the established procedure information and the materials necessary for accomplishment of service duties, and also on introduction of offers on enhancement of activities of federal executive body in the field of internal affairs;

6) on access in accordance with the established procedure to the data which are the state and protected by the law other secret if accomplishment of service duties is connected with use of such data;

7) on access in accordance with the established procedure in connection with accomplishment of service duties in the state and municipal authorities, public associations and the organizations;

8) on acquaintance with responses about its office activities and other documents determined by federal executive body in the field of internal affairs before their entering into the personal record, with materials of the personal record according to the procedure, determined by federal executive body in the field of internal affairs, and also on attaching to the personal record of his written explanations and other documents and materials;

9) on protection of the personal data;

10) on job development in law-enforcement bodies taking into account results of office activities, service length, skill level and professional education;

11) on passing in accordance with the established procedure professional training, professional education and additional professional education;

12) for consideration of office dispute in accordance with the legislation of the Russian Federation;

13) on carrying out according to its statement of functional audit check;

14) on the address to officials, higher according to the procedure of subordination, in higher bodies or in court for protection of the rights and legitimate interests, and also for the dispute resolution, connected with service in law-enforcement bodies;

15) on compulsory national insurance of life and health in accordance with the legislation of the Russian Federation;

16) on the state protection of his life and health, life and health of members of his family, and also belonging to it and members of his family of property;

17) on the state provision of pensions according to the Federal Law;

18) on medical support in accordance with the legislation of the Russian Federation;

19) on providing with its premises and members of his family according to the procedure and on conditions which are determined by the legislation of the Russian Federation;

20) on proper organizational and technical and sanitary and hygienic conditions of service taking into account features of service in law-enforcement bodies;

21) on use of physical force, special means and firearms in cases and procedure which are provided by the Federal Law "About Police";

22) on creation and participation in activities of the public associations which are not pursuing political goals in time, free from accomplishment of service duties, if it does not involve emergence of conflict of interest;

23) to participate on a grant basis in the management of the public and state organizations performing development of military and applied and office and applied sports, according to the procedure, established by regulatory legal act of federal executive body in the field of internal affairs.

2. The employee of law-enforcement bodies has the right to carrying and storage of firearms and (or) special means according to the procedure, established by federal executive body in the field of internal affairs.

3. The rights of the employee of law-enforcement bodies to which the special rank of police is given are determined by also Federal Law "About Police".

4. The rights of the employee of law-enforcement bodies in law-enforcement bodies are determined by the replaced position by official regulations (job description).

5. Other rights can be granted to the employee of law-enforcement bodies in accordance with the legislation of the Russian Federation.

Article 12. Fundamental obligations of the employee of law-enforcement bodies

1. The employee of law-enforcement bodies shall:

1) nobility and observe the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation in the field of internal affairs, to provide their execution; pass according to the procedure, established by federal executive body in the field of internal affairs, regular checks of knowledge of the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation in the specified sphere;

2) nobility and perform official regulations (job description) and the provisions of other documents determining it the rights and service duties, to execute orders and orders of direct heads (chiefs), and also to be guided by the legislation of the Russian Federation in case of receipt of the order or order of the direct or direct head (chief), obviously contradicting the legislation of the Russian Federation;

3) to address on office questions the direct head (chief), and if necessary and to the direct head (chief), having informed at the same time the direct head (chief);

To observe 4) in case of accomplishment of service duties of the right and legitimate interests of citizens, public associations and organizations;

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