Decree of the President of the Russian Federation of June 23, 1995 N 633 On priority measures for the implementation of the Federal Law On the Federal Security Service Bodies in the Russian Federation.

Decree of the President of the Russian Federation of June 23, 1995 N 633 On priority measures for the implementation of the Federal Law On the Federal Security Service Bodies in the Russian Federation.

Decree of the President of the Russian Federation of June 23, 1995 N 633

«On priority measures to implement the Federal Law
«On the Federal Security Service Bodies in the Russian Federation»

(as amended on July 24, September 14, 1995, May 22, July 9, 1997)

In connection with the adoption of the Federal Law «On the Bodies of the Federal Security Service in the Russian Federation», I decree:

1. To rename, as of April 12, 1995, the Federal Counterintelligence Service of the Russian Federation, territorial counterintelligence agencies, and military counterintelligence agencies, respectively, into the Federal Security Service of the Russian Federation, the agencies of the Federal Security Service, territorial security agencies, and security agencies in the troops.

2. To approve the attached Regulations on the Federal Security Service of the Russian Federation.

3. To consider military personnel and civilian personnel of the counterintelligence agencies of the Russian Federation as serving in the military (working) in the agencies of the Federal Security Service in the positions they hold since April 12, 1995, without their re-certification and reassignment, as well as without carrying out organizational and staffing measures.

4. To establish in the Federal Security Service of the Russian Federation one position of First Deputy Director of the Federal Security Service of the Russian Federation, five positions of Deputy Director — Head of Department of the Federal Security Service of the Russian Federation, the position of Deputy Director — Head of the Department of the Federal Security Service of the Russian Federation for the city of Moscow and the Moscow Region, and to form a board of 11 people.

5. Extend the effect of the Regulation on state security agencies in the Armed Forces of the Russian Federation and other military formations (military counterintelligence), approved by Decree of the President of the Russian Federation of February 19, 1993 N 277, to security agencies in the troops.

6. The Federal Security Service of the Russian Federation shall bring departmental regulations into compliance with the Federal Law «On the Bodies of the Federal Security Service in the Russian Federation» and the Regulation on the Federal Security Service of the Russian Federation, approved by this Decree.

7. The following regulatory legal acts of the President of the Russian Federation shall be declared invalid: Decree of the President of the Russian Federation of January 5, 1994 No. 19 «On Approval of the Regulation on the Federal Counterintelligence Service of the Russian Federation» (amendment of acts of the President and the Government of the Russian Federation, 1994, No. 2, Art. 76); Decree of the President of the Russian Federation of July 20, 1994 No. 1522 «On Amendments and Supplements to the Decree of the President of the Russian Federation of January 5, 1994 No. 19» (amendment of legislation of the Russian Federation, 1994, No. 13, Art. 1477); Decree of the President of the Russian Federation of January 25, 1995 No. 71 «On Amendments to the Decree of the President of the Russian Federation of January 5, 1994 No. 19» (amendment of the legislation of the Russian Federation, 1995, No. 5, Art. 398).

9. This Decree shall enter into force on the date of its signing.

President of the Russian Federation         B. Yeltsin

Moscow, House of Soviets of Russia

June 23, 1995

N 633

Regulations on the Federal Security Service of the Russian Federation

(approved by Decree of the President of the Russian Federation of June 23, 1995 N 633)

I. General Provisions

1. The Federal Security Service of the Russian Federation (FSB of Russia) is a federal executive body that exercises, within the limits of its authority, state administration in the sphere of ensuring the security of the Russian Federation and directly implements the main areas of activity of the federal security service bodies.
2. The FSB of Russia is guided in its activities by the Constitution of the Russian Federation, federal laws and other regulatory legal acts of federal government bodies, international treaties of the Russian Federation, as well as this Regulation.
3. The activities of the FSB of Russia are managed by the President of the Russian Federation and the Government of the Russian Federation.
4. The activities of the FSB of Russia are carried out on the basis of the principles of legality, respect for and observance of the rights and freedoms of man and citizen, humanism, conspiracy, a combination of overt and covert methods and means of activity, and centralization of management of the federal security service bodies.
5. In order to carry out the duties assigned to the federal security service bodies, the FSB of Russia shall, in accordance with the established procedure, create the appropriate divisions, territorial security bodies and security bodies in the troops.
6. The FSB of Russia is a legal entity, has a real and conditional name, an emblem, a seal with the image of the State Emblem of the Russian Federation and with its name, the appropriate seals, stamps, accounts, including foreign currency accounts, in banking institutions.
   

   II. The main tasks of the FSB of Russia
   

7. The main tasks of the FSB of Russia are:
   • managing the federal security service bodies and organizing their activities;
   • informing the President of the Russian Federation, the Chairman of the Government of the Russian Federation and, on their instructions, federal government bodies, as well as government bodies of the constituent entities of the Russian Federation, about threats to the security of the Russian Federation;
   • detection, prevention and suppression of intelligence and other activities of special services and organizations of foreign states, individuals, aimed at causing harm to the security of the Russian Federation;
   • ensuring, within the limits of its competence, the protection of information constituting a state secret;
   • detection, prevention, suppression and disclosure of crimes, the inquiry and preliminary investigation of which are assigned by the legislation of the Russian Federation to the jurisdiction of the federal security service;
   • detection, prevention and suppression of acts of terrorism;
   • organization and implementation, in cooperation with other government agencies, of the fight against organized crime, corruption, smuggling, illegal trafficking in weapons and drugs, as well as the activities of illegal armed formations, criminal groups, individuals and public associations whose goal is the violent change of the constitutional order of the Russian Federation;
   • obtaining, in cooperation with the Foreign Intelligence Service of Russia, intelligence information for the purpose of ensuring the security of the Russian Federation, increasing its economic, scientific, technical and defense potential;
   • carrying out, in cooperation with the Foreign Intelligence Service of Russia, measures to ensure the security of institutions and citizens of the Russian Federation outside its borders;
   • implementation, within the limits of its authority and in cooperation with the Border Troops of the Russian Federation, of measures to ensure the protection of the state border of the Russian Federation.
     

     III. Functions of the FSB of Russia
     

8. The FSB of Russia, in accordance with the legislation of the Russian Federation, performs the following functions:
   • organizes the implementation of federal laws, other regulatory legal acts of federal government bodies in the bodies of the federal security service;
   • participates in the development and implementation of state programs to ensure the security of the Russian Federation; develops, based on forecasts of the development of the domestic political, socio-economic and crime situation in the country, proposals for the prevention and neutralization of threats to the security of the Russian Federation;
   • organizes and carries out counterintelligence activities within the limits of its authority, determines the procedure for conducting counterintelligence measures and the use of covert methods and means in their implementation, and also establishes the procedure for the implementation of infiltration by federal security service agencies into special services and organizations of foreign states;
   • organizes and carries out operational-search activities, conducts inquiry and preliminary investigation in cases of crimes, the investigation of which is assigned by law to the jurisdiction of federal security service agencies, and also determines the procedure for the implementation of infiltration by federal security service agencies into criminal groups;
   • organizes and carries out the detection, prevention and suppression of acts of terrorism;
   • organizes and implements, in cooperation with other government agencies, measures to combat organized crime, corruption, smuggling, illegal trafficking in weapons and drugs, as well as the activities of illegal armed formations, criminal groups, individuals and public associations whose goal is the violent change of the constitutional order of the Russian Federation;
   • carries out intelligence activities in cooperation with foreign intelligence agencies; establishes the procedure for conducting intelligence activities, as well as the procedure for using covert methods and means in the implementation of intelligence activities by federal security service agencies;
   • carries out, within the limits of its authority, the processing and implementation of information on threats to the security of the Russian Federation;
   • participates within the limits of its authority in the implementation of measures to ensure the protection of the state border of the Russian Federation;
   • organizes and ensures security in the Armed Forces of the Russian Federation, the Federal Border Service of the Russian Federation and the system of bodies of the border service of the Russian Federation headed by it, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the Railway Troops of the Russian Federation, the Civil Defense Troops of the Russian Federation, other military formations and their command bodies, as well as in the internal affairs bodies of the Russian Federation, federal tax police bodies, federal bodies of government communications and information, and customs bodies of the Russian Federation;
   • ensures the security of defense industry facilities, the nuclear industry and energy, transport and communications, life support for large cities and industrial centers, other strategic facilities, as well as security in the field of space research, priority scientific developments;
   • participates in the development and implementation of measures to protect information constituting a state secret, licensing the activities of enterprises, institutions and organizations related to the use of information constituting a state secret, the provision of services to protect state secrets, determines the main areas of activity of the federal security service agencies in these areas;
   • exercises control over the security of information constituting a state secret in government agencies, military formations, enterprises, institutions and organizations regardless of their form of ownership; in accordance with the established procedure, carries out activities related to the admission of citizens to information constituting a state secret, as well as admission to military service (work) in the federal security service agencies;
   • organizes and carries out encryption work in the federal security service agencies, as well as monitoring compliance with the secrecy regime when handling encrypted information in encryption departments of government agencies, enterprises, institutions and organizations regardless of their form of ownership (with the exception of institutions of the Russian Federation located outside its borders);
   • detects on the territory of the Russian Federation radio emissions from transmitting electronic equipment, the operation of which poses a threat to the security of the Russian Federation, as well as radio emissions from transmitting electronic equipment used for illegal purposes; carries out registration and centralized accounting of radio data and radio emissions from transmitting electronic equipment;
   • ensures the own security of the federal security service agencies;
   • ensures the protection of life and health, honor and dignity, as well as the property of employees of the federal security service bodies and persons assisting these bodies, members of their families from criminal attacks in connection with the performance of their official duties or public duty;
   • participates within the limits of its authority in carrying out measures aimed at ensuring the security of institutions and citizens of the Russian Federation outside its borders;
   • ensures, in cooperation with the internal affairs bodies of the Russian Federation, the security of representative offices of foreign states on the territory of the Russian Federation;
   • participates, within the limits of its authority, together with other state bodies, in ensuring the security of socio-political, religious and other mass events held on the territory of the Russian Federation;
   • participates, within the limits of its authority, in resolving issues related to admission to and withdrawal from citizenship of the Russian Federation, entry into and exit from the territory of the Russian Federation of citizens of the Russian Federation, foreign citizens and stateless persons, as well as the regime of stay of foreign citizens and stateless persons on the territory of the Russian Federation;
   • summarizes the practice of applying the legislation of the Russian Federation on ensuring the security of the Russian Federation, makes proposals for its improvement in accordance with the established procedure; participates in the preparation of drafts of relevant regulatory legal acts of the Russian Federation; provides methodological guidance to the federal security service agencies in organizing the legal support of their activities;
   • concludes, in the established manner and within the limits of its authority, international treaties of the Russian Federation;
   • carries out external relations with special services and law enforcement agencies of foreign states, exchanges with them operational information, special technical and other means (except for cryptographic means of information protection) within the limits of the authority of the federal security service bodies and in the manner established by the regulatory acts of the Federal Security Service of the Russian Federation;
   • sends official representatives of the Federal Security Service to foreign states in agreement with the special services or law enforcement agencies of these states in order to increase the effectiveness of the fight against crimes of an international nature;
   • determines the procedure and organizes the storage and use of operational, investigative, archival and other materials related to the activities of the federal security service agencies, establishes requirements for the organization of office work and archival affairs in these agencies, and also determines the list of operational cases, the procedure for their maintenance and accounting;
   • establishes the procedure for the use of pre-trial detention facilities of the Federal Security Service by their inquiry and preliminary investigation agencies, as well as other state agencies and courts, and, in necessary cases or on the instructions of the Prosecutor General's Office of the Russian Federation, carries out the escort and transport of detainees and arrestees in criminal cases investigated by investigative units of the Federal Security Service;
   • organizes and carries out, within the limits of its competence, scientific research on the problems of ensuring the security of the individual, society and the state; carries out experimental design work, develops and manufactures special technical equipment both on its own scientific and production base and on the base of other enterprises, institutions and organizations, ensures military acceptance of scientific, technical and serial products manufactured by industrial enterprises on orders of the FSB of Russia in accordance with current regulations and supply contracts; issues quality certificates for individual types of special technical equipment; by decision of the Government of the Russian Federation, takes part in the licensing of individual types of activities;
   • to carry out its activities without licensing, develops, creates and operates information systems and, with the exception of federal-level systems, communication and data transmission systems, as well as information protection tools, including cryptographic protection tools, in the manner established by the regulatory legal acts of the Russian Federation;
   • conducts forensic and other examinations and research;
   • produces and uses, for the purpose of encrypting the identity of employees of the Federal Security Service and employees of other government agencies that are part of the security forces system, departmental affiliation of divisions, organizations, enterprises, premises and vehicles of the said agencies, as well as the identity of citizens assisting them on a confidential basis, documents of other ministries, departments, enterprises, institutions and organizations (operational cover documents), which are required to provide the FSB of Russia with forms of genuine domestic documents, service IDs and samples of how to fill them out; the production of operational cover documents in the interests of other government agencies that are part of the security forces system is carried out on the basis of agreements concluded with them;
   • determines the procedure for using actual and conditional names in the Federal Security Service agencies; assigns such conditional names in accordance with the established procedure;
   • implements, within the limits of its authority, measures to ensure the state of emergency and martial law;
   • organizes mobilization preparation and ensures mobilization readiness of the federal security service agencies;
   • determines the procedure for staffing military units of the federal security service agencies; in accordance with the established procedure, discharges military personnel of the federal security service agencies into the reserve;
   • provides personnel support to the federal security service agencies, manages the activities of the academy and institutes for training and advanced training of FSB personnel in training specialists in the operational, operational-technical and technical areas of activity of the federal security service agencies, as well as in the area of ​​processing, transmitting and protecting information for agencies that ensure the security of the Russian Federation;
   • carries out, on a compensatory or gratuitous basis, training of personnel for special services of foreign states, security services of enterprises, institutions and organizations regardless of the form of ownership, if this does not contradict the principles of the activities of the federal security service bodies;
   • provides assistance to enterprises, institutions and organizations regardless of the form of ownership in developing measures to protect commercial secrets;
   • organizes and carries out interaction with the media, informs the public about the activities of the federal security service bodies, and also carries out editorial and publishing activities;
   • receives citizens, considers their proposals, applications and complaints on issues within the competence of the federal security service agencies;
   • determines and implements programs for medical care for employees of the federal security service agencies, government agencies, and military formations of other security forces of the Russian Federation on the basis of agreements concluded by the FSB of Russia with the said government agencies and military formations;
   • provides pensions to military personnel discharged from the state security agencies, counterintelligence agencies of the Russian Federation, agencies of the federal security service and military formations subordinate to them, agencies of the border service of the Russian Federation, federal agencies of government communications and information, foreign intelligence agencies, the Main Directorate of Security of the Russian Federation, the Security Service of the President of the Russian Federation, the Service of Special Facilities under the President of the Russian Federation, and members of their families;
   • carries out capital construction and reconstruction of buildings and structures, carries out housing construction, centralized financing, material and technical support of the federal security service agencies, controls the use of monetary and material and technical resources;
   • exercises, in accordance with the legislation of the Russian Federation, the right of ownership, use and disposal (operational management) of real estate and movable property of the federal security service bodies, which is in federal ownership; leases real estate and movable property regardless of its ownership, ensures its operational and technical maintenance and security within the limits of appropriations from the federal budget.
     

     IV. Powers of the Director of the FSB of Russia and the Collegium of the FSB of Russia
     

9. The FSB of Russia is headed by a director, who is appointed to the position and dismissed from the position by the President of the Russian Federation.
   • The Director of the FSB of Russia:
   • is personally responsible for the implementation of the tasks assigned to the FSB of Russia and the federal security service agencies;
   • organizes the work of the FSB of Russia, manages the activities of the federal security service bodies, forms boards within them and approves their composition, establishes the powers of officials of the federal security service bodies to resolve operational, organizational, personnel, financial, production, economic and other issues;
   • represents the FSB of Russia in relations with the legislative, executive and judicial bodies of state power of the Russian Federation;
   • issues, on the basis of and in pursuance of the legislation of the Russian Federation and this Regulation, regulatory acts, including jointly or in agreement with the heads of other federal executive bodies, organizes verification of their implementation;
   • cancels legal acts issued by the heads of the federal security service bodies that contradict the legislation of the Russian Federation;
   • submits, in accordance with the established procedure, for consideration by the President of the Russian Federation and the Government of the Russian Federation draft regulatory legal acts and proposals for improving the legislation of the Russian Federation on ensuring the security of the Russian Federation;
   • submits proposals for approval by the President of the Russian Federation on changing the number of federal security service agencies (excluding the number of military personnel, civilian personnel of research, military medical institutions and units, and personnel for the operation, security and maintenance of office buildings and premises of federal security service agencies);
   • submits proposals for consideration by the President of the Russian Federation on the inclusion of military positions in the list of military positions filled by senior officers in the federal security service bodies, as well as on the appointment (dismissal) of military personnel of the federal security service bodies to positions (from positions) for which the staffing provides for military ranks of senior officers, on assigning them military ranks of senior officers, on dismissing them from military service; v submits for approval by the President of the Russian Federation a list of military positions filled in the federal security service bodies by colonels (captains of the 1st rank);
   • establishes badges for awarding military personnel and civilian personnel of the federal security service; approves regulations on badges and their description;
   • has award and gift funds, including firearms and bladed weapons, for awarding military personnel and civilian personnel of the federal security service, as well as other persons providing assistance in solving the tasks assigned to the federal security service;
   • enrolls citizens of the Russian Federation for military service in the federal security service;
   • determines the procedure for counting the length of service of highly qualified specialists of the federal security service military personnel prior to enrollment in military service towards their length of service for the purpose of assigning a pension, as well as the procedure for calculating the percentage bonus for length of service;
   • carries out, within the limits of its competence, the appointment to office and dismissal from office of persons in the management staff of the federal security service bodies; dismisses, within the limits of its competence, military personnel of the federal security service bodies from military service;
   • determines the procedure for concluding contracts for military service with individual military personnel from among highly qualified specialists who have reached the maximum age for military service, for the period until they reach 65 years of age;
   • determines the procedure and conditions for the payment of allowances, bonuses and other remuneration to military personnel and civilian personnel of the federal security service bodies, as provided for by legislative and other regulatory legal acts of the Russian Federation; establishes, within the limits of appropriations from the federal budget, other additional payments to military personnel and civilian personnel of the federal security service bodies;
   • makes decisions on the creation of divisions of the FSB of Russia, territorial security agencies and security agencies in the troops, approves their staffing levels;
   • in the prescribed manner, makes decisions on the creation of enterprises, institutions, organizations, military missions and divisions of the federal security service agencies necessary to perform the duties assigned to these agencies and ensure their activities;
   • makes decisions on the creation of special-purpose units to perform the duties assigned to the federal security service agencies;
   • establishes the number of military personnel, civilian personnel of research and military medical institutions and units, as well as personnel for the operation, protection and maintenance of office premises and buildings of the federal security service bodies within the limits of appropriations from the federal budget;
   • enjoys the rights provided for in the Disciplinary Regulations of the Armed Forces of the Russian Federation in full with respect to military personnel of the federal security service bodies;
   • assigns, in the established manner, with retention in military service, military personnel of the federal security service agencies to government agencies, as well as to enterprises, institutions and organizations regardless of their form of ownership, with the consent of their heads; determines the level of maintenance of this category of military personnel in military positions in the federal security service agencies, taking into account current regulatory legal acts;
   • determines, in accordance with the legislation of the Russian Federation, the conditions for the work of military personnel and civilian personnel of the federal security service on a part-time basis;
   • establishes, within the limits of its competence, the procedure for the transfer by the federal security service of operational information, special technical products and other means to special services and law enforcement agencies of foreign states;
   • in accordance with the legislation of the Russian Federation, makes decisions on the departure of military personnel and civilian personnel of the federal security service outside the Russian Federation;
   • is the administrator of loans provided for the financing of the federal security service, including foreign currency; determines the standards and procedure for spending financial resources on operational activities related to the implementation of counterintelligence, operational-search and intelligence activities by the federal security service;
   • makes decisions on the reception of delegations of special services and law enforcement agencies of foreign states and the sending of delegations of the FSB of Russia to foreign states within the limits of appropriations from the federal budget;
   • exercise other powers in accordance with the legislation of the Russian Federation.
10. The FSB of Russia shall form a board consisting of the Director of the FSB of Russia (the Chairman of the board), the First Deputy Director and Deputy Directors by position, as well as senior employees of the federal security service agencies.

    The members of the board, except for persons who are members by position, shall be approved by the President of the Russian Federation.

    The Board of the FSB of Russia shall consider the most important issues of the activities of the federal security service agencies at its meetings and shall make decisions on them.

    The decisions of the Board of the FSB of Russia shall be made by a majority vote of its members and shall be formalized by orders of the FSB of Russia.

    In the event of disagreements between the Director of the FSB of Russia and the board, the Director of the FSB of Russia shall implement his decision and report the disagreements to the President of the Russian Federation. The members of the Board of the FSB of Russia may also communicate their opinion to the President of the Russian Federation.

    Decisions made at joint meetings of the board of the FSB of Russia and other federal executive bodies are formalized by joint orders of the FSB of Russia and the relevant federal executive bodies.