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ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION AND FEDERAL BAILIFF SERVICE OF THE RUSSIAN FEDERATION

of August 26, 2014 No. 460

About approval of the Regulations on the organization of procedural control of conducting verifications of messages on crimes and production of inquiry in territorial authorities of Federal Bailiff Service

For the purpose of effective realization of provisions of the Art. 40, 40.1, 41 of the Code of penal procedure of the Russian Federation (Russian Federation Code, 2001, No. 52, Art. 4921; 2002, No. 22, Art. 2027; 2003, No. 27, Art. 2706; 2006, No. 28, Art. 2975; 2007, No. 24, Art. 2830, 2833; 2009, No. 11, Art. 1267; 2010, No. 30, Art. 3989, 4003; 2011, No. 1, Art. 16; No. 7, Art. 901; 2012, No. 10, Art. 1165; No. 24, Art. 3068; 2013, No. 14, Art. 1661; 2014, 6, of the Art. 554, of 558) I order to No.:

1. Approve the enclosed Regulations on the organization of procedural control of conducting verifications of messages on crimes and production of inquiry in territorial authorities of Federal Bailiff Service.

2. Declare invalid the order of FSSP of Russia of 09.07.2013 No. 238 "About approval of the Regulations on the organization of procedural control of conducting verifications of messages on crimes and implementation of inquiry in territorial authorities of Federal Bailiff Service".

3. To impose control of execution of the order on the deputy director of Federal Bailiff Service - the Deputy Chief Bailiff of Russia Voronin V. V.

The Director of the Federal Bailiff Service - the Chief Bailiff of Russia

A. O. Parfenchikov

Appendix

Approved by the Order of Federal Bailiff Service of the Russian Federation of August 26, 2014 No. 460

Regulations on the organization of procedural control of conducting verifications of messages on crimes and production of inquiry in territorial authorities of Federal Bailiff Service

I. General provisions

The regulations on the organization of procedural control of conducting verifications of messages on crimes and production of inquiry in territorial authorities of Federal Bailiff Service (further - the Provision) establish procedure for the organization of procedural control of conducting verifications of messages on crimes and production of inquiry on the crimes carried to competence of Federal Bailiff Service, heads of territorial authorities of Federal Bailiff Service - the main bailiffs of subjects of the Russian Federation (their deputies coordinating the organization of inquiry), chiefs of departments - the senior bailiffs (their deputies coordinating the organization of inquiry), chiefs of departments of the organization of inquiry of territorial authorities of FSSP of Russia and their deputies.

The above-stated officials perform the powers in accordance with the legislation of the Russian Federation, interdepartmental and departmental regulatory legal acts, and also this Provision.

II. The organization of procedural control of conducting verifications of messages on crimes and production of inquiry in structural divisions of territorial authorities of Federal Bailiff Service

1. Procedural control of conducting verifications of messages on crimes

1.1. The head of department - the senior bailiff (his deputy coordinating the organization of inquiry) based on Art. 140 - 145 of the Code of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation) and according to the order of the Ministry of Justice of the Russian Federation of 02.05.2006 No. 139 "About approval of the Instruction about single procedure for the organization of acceptance, registration and check in Federal Bailiff Service of messages on crimes" (further - the Order No. 139) shall:

1.1.1. Organize and control accounting and consideration of messages on crimes, including maintaining the e-book of accounting of messages on crimes.

1.1.2. To monthly check procedure for ledger maintenance of accounting of messages on crimes (further - KUSP), accounting of coupons of the notification according to statements for crimes, register of materials on which decisions on refusal in initiation of legal proceedings (further - ZhUM), single register of the crimes, persons which made them, and movement of criminal cases, register of physical evidences are made and to make in them the corresponding entries by results of check.

1.1.3. Carry out monthly reconciliation of the data containing in KUSP, ZhUM, the online magazine of accounting of criminal cases (further - ZhUUD), and the data received from other sources of information, claims and addresses of citizens and representatives of the organizations including statistical data about results of consideration of messages on crimes from Ministry of Internal Affairs information centers of Russia, the Municipal Department of Internal Affairs (Department of Internal Affairs) of Russia of subjects of the Russian Federation.

1.1.4. Provide anticipatory procedural control of completeness and objectivity of conducting verifications of messages on crimes, justification, legality and timeliness of adoption by investigators of proceeding decisions on initiation of legal proceedings, about refusal in initiation of legal proceedings or transfer of the message on competence.

1.1.5. Study the materials of checks which are under consideration at investigators before acceptance on them proceeding decisions, if necessary to give written instructions about carrying out specific checking actions.

1.1.6. In case of decision making about the prolongation of review period up to 10 days according to the procedure provided by the p. 3 of Art. 144 of the Code of Criminal Procedure of the Russian Federation to check availability of the actual circumstances interfering adoption of proceeding decisions in time no later than 3 days and also to control timeliness of initiation of the petition before the prosecutor for prolongation of review period of the message on crime up to 30 days.

1.1.7. Provide transfer to the copy of the resolution on initiation of legal proceedings to the supervising prosecutor in day of its removal, and also the immediate notification of the applicant and person concerning whom criminal case is brought.

1.1.8. Checking legality and justification of resolutions on refusal in initiation of legal proceedings, to carefully study materials of verifications of messages on crimes, to establish completeness and timeliness of checking actions, and also in necessary cases personally to receive explanations from interested persons and specialists, with familiarizing of survey results with materials of checks. In the presence of the bases to bring to the prosecutor of the petition for cancellation of illegal or unreasonable resolutions of the investigator on refusal in initiation of legal proceedings.

1.1.9. Provide constant control behind the direction to the applicant and prosecutor of copies of resolutions on refusal in initiation of legal proceedings within 24 hours from the moment of their removal, and also behind familiarizing with materials of verifications of the data confirming fulfillment of requirements of the p. 4 of Art. 148 of the Code of Criminal Procedure of the Russian Federation (procedure for appeal).

1.1.10. Materials of checks on which the decision on refusal in initiation of legal proceedings is made, to send to the supervising prosecutor in time, not exceeding 5 days from the moment of receipt of the corresponding request, and in case of consideration by the prosecutor of the claim according to the procedure, the Code of Criminal Procedure of the Russian Federation provided by Art. 124, - in the time specified to them.

1.1.11. In case of cancellation by the supervising prosecutors of resolutions of the investigator on initiation of legal proceedings or about refusal in initiation of legal proceedings without delay to charge to the investigator conducting additional check from the moment of receipt in structural division of territorial authority of FSSP of Russia of checking materials.

1.1.12. Conducting additional checks regarding their completeness and acceptance by their results of legal and motivated proceeding decisions to take on personal control, having excluded the facts of pronouncement of resolutions without execution in full of instructions of the prosecutor.

1.1.13. Organize representation within a day from the date of acceptance of inquiry by body, the prosecutor or court of the proceeding decision addressed to the head of territorial authority of Federal Bailiff Service - the main bailiff of the subject of the Russian Federation of the report with appendix of necessary procedural documents on the facts:

a) registration of the message on the crime committed by the public agent;

b) cancellations by trial or prosecutor of the resolution of the investigator on initiation of legal proceedings;

c) cancellations by court or the prosecutor of the resolution of the investigator on refusal in initiation of legal proceedings;

d) excitement at the initiative of the prosecutor of criminal case about the crime carried to competence of FSSP of Russia;

e) initiations of legal proceedings about the crimes which caused public response;

e) initiations of legal proceedings concerning the public agent;

g) initiations of legal proceedings on signs of crime components in the sphere of economy or against procedure for management, made by the parties of enforcement proceeding.

1.1.14. In case of adoption by the investigator, prosecutor or court of one of the proceeding decisions provided by the subitem, "v", "g" of item 1.1.13 of this provision in time no later than 3 days from the date of pronouncement of the relevant decision to organize studying of the reasons and circumstances which entailed decision making, check materials, and also important for case of other documents. By results to hold the operational meeting with hearing of the official who issued the decree and to constitute the motivated conclusion in which to report about consent (disagreement) with conclusions according to the made proceeding decision, and also about accepted with respect thereto measures, including for its appeal.

Take measures for elimination of the revealed violations and pronouncement of the reasoned proceeding decision on material of the inspection which is carried out according to the procedure Art. 144 - 145 of the Code of Criminal Procedure of the Russian Federation.

Initiate conducting in accordance with the established procedure functional audit checks concerning officials of structural division of territorial authority of FSSP of Russia (further - structural division) in whose actions signs of minor offense are seen.

The conclusion with the cover letter (appendix No. 1) and application of copies of required materials, including about results of appeal of the specified proceeding decisions, no later than 3 days from the date of pronouncement of the relevant decision to provide to the head of territorial authority of Federal Bailiff Service - the main bailiff of the subject of the Russian Federation.

1.1.15. Provide representation within 24 hours from the moment of adoption of the proceeding decision in department of the organization of inquiry of territorial authority of FSSP of Russia (further - OOD) copies of resolutions on refusal in initiation of legal proceedings with the cover letter in which the head of department - the senior bailiff shall report about personal check of negative materials and the consent (disagreement) with the made proceeding decisions, and also about accepted by it with respect thereto measures (appendix No. 2).

1.2. The head of department - the senior bailiff according to established procedure provides registration, accounting and operational storage of materials on which it is refused initiation of legal proceedings, structural division.

2. Procedural control of activities of investigators in inquiry course of production on criminal cases

2.1. The head of department - the senior bailiff (his deputy coordinating the organization of inquiry) shall:

2.1.1. Provide anticipatory procedural control of production of inquiry on criminal cases. To react quickly to violations of constitutional rights and freedoms of citizens and to observe their legitimate interests in case of application of measures of criminal law action.

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