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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 14, 2015 No. 705

About procedure for protection of data on implementation of the state protection, provision of such data and implementation of security measures in the form of ensuring confidentiality of data on the protected person

According to part three of Article 9 and part two of article 19.1 of the Federal law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies", part 3 of Article 9 and part 2 of article 21 of the Federal law "About the State Protection of the Victims, Witnesses and Other Participants of Criminal Trial" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of protection of data on implementation of the state protection and provision of such data;

Rules of implementation of security measures in the form of ensuring confidentiality of data on the protected person;

changes which are made to acts of the Government of the Russian Federation.

2. Recognize invalid:

the order of the Government of the Russian Federation of March 3, 2007 No. 134 "About approval of Rules of protection of data on implementation of the state protection of the victims, witnesses and other participants of criminal trial" (The Russian Federation Code, 2007, No. 11, the Art. 1325);

Item of 11 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of November 19, 2008 No. 854 "About introduction of amendments to some acts of the Government of the Russian Federation in connection with formation of the Investigative Committee under prosecutor's office of the Russian Federation" (The Russian Federation Code, 2008, No. 48, the Art. 5604).

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of July 14, 2015 No. 705

Rules of protection of data on implementation of the state protection and provision of such data

1. These rules determine procedure for protection of data on implementation of the state protection and provision of such data concerning persons specified in parts 1 - 3 articles 2 of the Federal law "About the State Protection of the Victims, Witnesses and Other Participants of Criminal Trial", and also in article 2 of the Federal law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies" (further - protected persons) if such data are not carried by the legislation of the Russian Federation to the data which are the state secret.

The personal data provided within these rules are confidential information and are not subject to disclosure.

2. The concepts used in these rules mean the following:

a) "security measures" - the measures directed to the protection of life, health and (or) property of protected persons provided by the Federal Law "About the State Protection of the Victims, Witnesses and Other Participants of Criminal Trial" or the Federal Law "About the State Protection of Judges, Officials of Law Enforcement and Monitoring Bodies" (further - the Federal Laws);

b) "measures of social support (social protection)" - the measures directed to provision of material compensation (lump-sum allowances) to protected persons and also insurance guarantees according to the Federal Laws;

c) "data on implementation of the state protection" - the decisions on implementation of the state protection connected with realization by application of security measures or measures of social support (social protection) according to the Federal Laws of the data:

about the protected person, containing in information systems, directory systems (including in banks and databases, registers, card-indexes, archives, reference books and telephone books) and information resources of the companies, organizations, organizations, state bodies (further - the organizations), including the organizations providing the state services, and also formed as a result of application of security measures;

about imposing of permanent or temporary ban on issue of data on the protected person from directory funds, and also about change of numbers of its phones and the state registration signs used by it or belonging to it vehicles, containing in the resolution of the body performing security measures, or the body ensuring safety or in the statement from it;

about application of security measures;

about application of measures of social support (social protection).

3. Other concepts used in these rules have the values determined by the Federal Laws.

4. The basis for protection of data on implementation of the state protection is the decision which is drawn up in the form of the motivated resolution (determination):

a) the body making the decision on implementation of the state protection - about implementation of the state protection by application of security measures or measures of social support;

b) the body ensuring safety - about application of security measures with indication of specific security measures and terms of their implementation.

5. The body performing security measures based on the resolution (determination) on application of security measures of the body making the decision on implementation of the state protection, or the body ensuring safety issues the decree in which necessary security measures are provided and methods of their application are determined.

The body performing measures of social support (social protection) based on the resolution (determination) on application of measures of social support (social protection) which is taken out by the body making the decision on implementation of the state protection performs the specified measures taking into account confidential nature of the data containing in it.

6. Officials of the bodies performing security measures (the bodies ensuring safety) shall warn persons to whom data were entrusted or became known in connection with application of adequate measure of safety concerning the protected person, about nondisclosure of data on implementation of the state protection, and also about the responsibility provided by regulatory legal acts of the Russian Federation for disclosure of these data, according to the procedure, determined by regulatory legal acts of the bodies performing security measures (the bodies ensuring safety).

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