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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 8, 2015 No. 449

About storage conditions, accounting and transfer of physical evidences on criminal cases

According to the subitem "an" of Item 1, the subitem "an" of Item 4.1 of part two and part three of Article 82 of the Code of penal procedure of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Storage precautions, accounting and transfer of physical evidences on criminal cases.

2. Financial provision of the expenses connected with realization of powers of the bodies performing preliminary inquiry on criminal cases, bodies of prosecutor's office, courts for storage, accounting and transfer of physical evidences is performed for the account and within budgetary appropriations, to the provided bodies performing preliminary inquiry on criminal cases, the Prosecutor General's Office of the Russian Federation, the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation in the federal budget for the corresponding year on execution of the operating payment commitments.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of May 8, 2015 No. 449

Storage precautions, accounting and transfer of physical evidences on criminal cases

1. These rules determine procedure and storage conditions, accounting and transfer of physical evidences by criminal cases in bodies of preliminary inquiry, bodies of prosecutor's office, courts (further respectively - physical evidences, authorized bodies).

Storage conditions, accounting and transfer of physical evidences shall exclude their substitution, damage, spoil, deterioration or loss of their individual signs and properties, and also to ensure their safety.

2. Return of physical evidences in the form of money and values to their legal owner is performed based on the resolution of the prosecutor, the investigator, the investigator or the decision (determination, the resolution, sentence) vessels (judge) about what the delivery-acceptance certificate of physical evidences in form according to appendix No. 1 is drawn up (further - the delivery-acceptance certificate).

Physical evidences in the form of the money which is stored on bank accounts or other credit institution or in financial division of the authorized body which made the decision on withdrawal of the specified physical evidences are listed in non-cash form or transferred in cash form taking into account the statement of interested persons.

Physical evidences in the form of objects, including big batches which owing to bulkiness or other reasons, in particular due to the need of providing special conditions of their storage, cannot be stored in case of criminal case or in left-luggage office of physical evidences are reported on storage to the state bodies having conditions for their storage and given the right in accordance with the legislation of the Russian Federation to their storage, and in the absence of such opportunity - to the legal entity or the individual entrepreneur having conditions for their storage and the given right in accordance with the legislation of the Russian Federation to their storage based on the agreement of storage signed by authorized body and the legal entity or the individual entrepreneur provided that costs for providing special storage conditions of these physical evidences are commensurable with their cost.

3. Physical evidences in the form of civil fire smooth-bore long-barreled weapon, firearms of limited defeat, gas weapon, cold weapon, including throwing weapon and ammunition, explosives, destructive devices, radioactive materials are reported on storage to the state bodies having conditions for their storage and given the right in accordance with the legislation of the Russian Federation to their storage, and in the absence of such opportunity - to the legal entity or the individual entrepreneur having conditions for their storage and the given right in accordance with the legislation of the Russian Federation to their storage based on the agreement of storage. The objects having historical, art, scientific or other cultural value, being physical evidences in coordination with the Ministry of Culture of the Russian Federation or its territorial authorities are transferred to storage to subordinated organizations of the Ministry of Culture of the Russian Federation.

4. The left-luggage office of physical evidences is equipped with racks, metal cases, the security and fire-proof alarm system, supply and exhaust ventilation, fire extinguishing means (fire extinguishers), and also the metal or upholstered with metal door with locking devices. On room windows in case of their availability lattices are established.

In case of impossibility of allocation of such room for storage of physical evidences the special storage - the metal case sealed by the responsible person or the safe of the sufficient sizes ensuring according to these rules safety and proper storage conditions of physical evidences is equipped (further - special storage).

5. The chief (head) of authorized body designates person responsible for storage of physical evidences in left-luggage office of physical evidences (special storage), correctness of conducting their accounting, justification of their issue and transfer (further - the responsible person), from number of persons employed (workers) to whose job responsibilities implementation of operational and investigation or procedural activities and public prosecutor's supervision does not belong, and determines procedure for its substitution with absence case.

6. The door in left-luggage office of physical evidences (special storage) is sealed by personal seal of the responsible person. The procedure for storage of keys from left-luggage office of physical evidences (special storage) and their duplicates is determined by the chief (head) of authorized body.

Access to left-luggage office of physical evidences (special storage) is provided only in the presence of the responsible person or person replacing it.

If in the absence of the responsible person or person replacing it there was need to place on storage or to obtain physical evidences, access for officials of authorized body to left-luggage office of physical evidences (special storage) is provided only in the presence of the commission consisting at least of 3 people which structure is determined by the chief (head) of authorized body.

At the same time the commission draws up the delivery-acceptance certificate in which the objects withdrawn or placed on storage are listed and the bases of their withdrawal or movement are specified. The delivery-acceptance certificate is transferred to the responsible person for entering of the corresponding records into the book of accounting of the physical evidences accepted on storage in form according to appendix No. 2 (further - the book of accounting) and familiarizing to case (job specification).

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