Federal Law of the Russian Federation of April 3, 1995 N 40-FZ «On the Federal Security Service Bodies in the Russian Federation»
Adopted by the State Duma on February 22, 1995
This Federal Law defines the purpose, legal basis, principles, areas of activity, powers, forces and means of the federal security service bodies, as well as the procedure for monitoring and supervising their activities.
CHAPTER I. GENERAL PROVISIONS
Article 1. Federal Security Service Bodies and Their Purpose
The Federal Security Service bodies are an integral part of the security forces of the Russian Federation and, within the powers granted to them, ensure the security of the individual, society and the state.
The activities of the Federal Security Service bodies are managed by the President of the Russian Federation and the Government of the Russian Federation.
Article 2. The System of Federal Security Service Bodies
The Federal Security Service bodies are a single centralized system, which includes:
Federal Security Service of the Russian Federation;
directorates (departments) of the Federal Security Service of the Russian Federation in individual regions and subjects of the Russian Federation (territorial security agencies);
directorates (departments) of the Federal Security Service of the Russian Federation in the Armed Forces of the Russian Federation, troops and other military formations, as well as in their command bodies (security agencies in the troops).
Territorial security agencies and security agencies in the troops are directly subordinate to the Federal Security Service of the Russian Federation.
The Federal Security Service agencies have enterprises, educational institutions, research, expert and military medical institutions and units, expert and military medical institutions and units, military construction units, special training centers, as well as special purpose units under their control.
The creation of Federal Security Service bodies not provided for by this Federal Law is prohibited.
The creation of organizational structures and the activities of political parties, mass public movements pursuing political goals, as well as the conduct of political agitation and election campaigns are prohibited in the bodies of the Federal Security Service.
Article 3. Federal Security Service of the Russian Federation
The Federal Security Service of the Russian Federation is a federal executive body.
The Federal Security Service of the Russian Federation creates territorial security agencies and security agencies in the troops, manages them and organizes their activities, issues regulatory acts within the limits of its authority and directly implements the main areas of activity of the Federal Security Service agencies.
The structure and organization of the activities of the Federal Security Service of the Russian Federation are determined by the Regulation on the Federal Security Service of the Russian Federation, approved by the President of the Russian Federation.
The Federal Security Service of the Russian Federation is headed by the Director of the Federal Security Service of the Russian Federation with the rights of a federal minister. The position of Director of the Federal Security Service of the Russian Federation corresponds to the military rank of General of the Army.
Article 4. Legal basis for the activities of the Federal Security Service bodies
The legal basis for the activities of the Federal Security Service bodies is the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of federal government bodies.
The activities of the Federal Security Service bodies are also carried out in accordance with international treaties of the Russian Federation.
Article 5. Principles of Activities of the Federal Security Service Bodies
The activities of the Federal Security Service bodies are carried out on the basis of the principles of:
legality;
respect for and observance of human and civil rights and freedoms;
humanism;
unity of the system of Federal Security Service bodies and centralization of their management;
conspiracy, a combination of overt and covert methods and means of activity.
Article 6. Observance of human and civil rights and freedoms in the activities of the Federal Security Service bodies
The state guarantees observance of human and civil rights and freedoms in the implementation of the activities of the Federal Security Service bodies. Restrictions on human and civil rights and freedoms are not permitted, except in cases stipulated by federal constitutional laws and federal laws.
A person who believes that the Federal Security Service bodies or their officials have violated his or her rights and freedoms has the right to appeal the actions of the said bodies and officials to a higher body of the Federal Security Service, the prosecutor's office or the court.
Government bodies, enterprises, institutions and organizations regardless of their form of ownership, as well as public associations and citizens have the right, in accordance with the legislation of the Russian Federation, to receive explanations and information from the Federal Security Service bodies in the event of restrictions on their rights and freedoms.
State bodies, enterprises, institutions and organizations regardless of their form of ownership, as well as public associations and citizens have the right to demand compensation from the Federal Security Service bodies for moral and material damage caused by the actions of officials of the Federal Security Service bodies in the performance of their official duties.
Information about a private life obtained in the course of the activities of the Federal Security Service bodies that affects the honor and dignity of a citizen or is capable of harming his legitimate interests may not be communicated by the Federal Security Service bodies to anyone without the voluntary consent of the citizen, except in cases stipulated by federal laws.
In the event of violation of human and civil rights and freedoms by employees of the Federal Security Service bodies, the head of the relevant Federal Security Service body, prosecutor or judge are obliged to take measures to restore these rights and freedoms, compensate for the damage caused and bring the perpetrators to justice, as provided for by the legislation of the Russian Federation.
Officials of the Federal Security Service bodies who have abused power or exceeded their official authority shall bear responsibility, as provided for by the legislation of the Russian Federation.
Article 7. Protection of information about the Federal Security Service bodies
Citizens of the Russian Federation accepted for military service (work) in the Federal Security Service bodies, as well as those admitted to information about the Federal Security Service bodies, undergo the procedure for obtaining access to information constituting a state secret; unless otherwise provided by the legislation of the Russian Federation. Such a procedure includes the adoption of an obligation not to disclose this information.
Citizens of the Russian Federation who have access to information about the Federal Security Service bodies that constitutes a state secret shall bear liability for its disclosure as provided for by the legislation of the Russian Federation.
Documents and materials containing information on the personnel of the Federal Security Service bodies, persons who provide or have provided them with assistance on a confidential basis, as well as on the organization, tactics, methods and means of implementing counterintelligence, intelligence and operational-search activities by the Federal Security Service bodies, shall be stored in the archives of the Federal Security Service bodies.
Materials from the archives of the Federal Security Service that are of historical and scientific value, declassified in accordance with the legislation of the Russian Federation, shall be transferred for storage to the archives of the State Archival Service of Russia in the manner established by the legislation of the Russian Federation.
Chapter II. MAIN ACTIVITIES OF THE FEDERAL SECURITY SERVICE BODIES
Article 8. Activities of the Federal Security Service bodies
The activities of the Federal Security Service bodies are carried out in the following main areas:
counterintelligence activities;
combatting crime.
Intelligence activities and other areas of activity of the Federal Security Service bodies are determined by this federal law and other federal laws.
Information systems, video and audio recording, film and photography, and other technical and other means may be used to document the activities of the Federal Security Service and their results.
The activities of the Federal Security Service and the methods and means they use must not cause harm to human life and health or harm the environment.
Article 9. Counterintelligence activities
Counterintelligence activities are the activities of the Federal Security Service bodies within the limits of their powers to identify, prevent, and suppress intelligence and other activities of special services and organizations of foreign states, as well as individuals, aimed at causing harm to the security of the Russian Federation.
The grounds for the implementation of counterintelligence activities by the Federal Security Service bodies are:
a) the presence of data on signs of intelligence and other activities of special services and organizations of foreign states, as well as individuals, aimed at damaging the security of the Russian Federation;
b) the need to ensure the protection of information constituting a state secret;
c) the need to study (verify) individuals who provide or have provided assistance to the Federal Security Service on a confidential basis;
d) the need to ensure one's own security.
The list of grounds for carrying out counterintelligence activities is exhaustive and may be changed or supplemented only by federal laws. In the process of counterintelligence activities, the Federal Security Service agencies may use overt and covert methods and means, the special nature of which is determined by the conditions of this activity.
The procedure for using covert methods and means in the implementation of counterintelligence activities is determined by the regulatory acts of the Federal Security Service of the Russian Federation.
The implementation of counterintelligence activities affecting the secrecy of correspondence, telephone conversations, postal, telegraph and other communications of citizens is permitted only on the basis of a court decision in the manner prescribed by the legislation of the Russian Federation.
The implementation of counterintelligence activities affecting the inviolability of the home of citizens is permitted only in cases established by federal law, or on the basis of a court decision.
In order to obtain a court decision on the right to carry out counterintelligence activities in the cases stipulated by parts six and seven of this article, the Federal Security Service bodies, at the request of the court, shall submit official documents concerning the grounds for carrying out counterintelligence activities (with the exception of operational and official documents containing information about persons who provide or have provided assistance to the Federal Security Service bodies on a confidential basis, as well as about the organization, tactics, methods and means of carrying out counterintelligence activities).
The court decision on the right to carry out counterintelligence activities and the materials that served as the basis for its adoption shall be stored in the Federal Security Service bodies in the manner established by this Federal Law.
The resolution of the Federal Security Service body on the implementation of counterintelligence activities and the court decision on it, as well as the materials of operational cases, are submitted to the prosecutor's office only in cases of conducting, in the order of supervision, checks on materials, information, and citizens' appeals received by the prosecutor's office, indicating a violation of the legislation of the Russian Federation by the Federal Security Service bodies.
Information about the organization, tactics, methods, and means of implementing counterintelligence activities constitutes a state secret.
Article 10. Combating Crime
The Federal Security Service bodies, in accordance with the legislation of the Russian Federation, carry out operational investigative measures to identify, prevent, suppress and expose espionage, terrorist activity, organized crime, corruption, illegal arms and drug trafficking, smuggling and other crimes, the inquiry and preliminary investigation of which are assigned by law to their jurisdiction, as well as to identify, prevent, suppress and expose 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.
The Federal Security Service bodies may be assigned other tasks in the field of combating crime by federal laws and other regulatory legal acts of federal government bodies.
The activities of the Federal Security Service in the field of combating crime are carried out in accordance with the Law of the Russian Federation «On operational-search activities in the Russian Federation», criminal and criminal-procedural legislation of the Russian Federation, as well as this Federal Law.
Article 11. Intelligence activities
Intelligence activities are carried out by the Federal Security Service bodies within the limits of their authority and in cooperation with the foreign intelligence bodies of the Russian Federation in order to obtain information about threats to the security of the Russian Federation.
The procedure and conditions for interaction between the Federal Security Service bodies and the foreign intelligence bodies of the Russian Federation are established on the basis of relevant agreements between them or joint regulatory acts.
The procedure for conducting intelligence activities, as well as the procedure for using covert methods and means in the implementation of intelligence activities are determined by the regulatory acts of the Federal Security Service of the Russian Federation.
Information about the organization, tactics, methods and means of implementing intelligence activities constitutes a state secret.
CHAPTER III. POWERS OF THE FEDERAL SECURITY SERVICE BODIES
Article 12. Duties of the Federal Security Service Bodies
The Federal Security Service Bodies are obliged to:
a) inform 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;
b) identify, prevent, and suppress intelligence and other activities of special services and organizations of foreign states, as well as individuals, aimed at damaging the security of the Russian Federation;
c) obtain intelligence information in the interests of ensuring the security of the Russian Federation, increasing its economic, scientific, technical and defense potential;
d) identify, prevent and suppress crimes, the inquiry and preliminary investigation of which are referred by the legislation of the Russian Federation to the jurisdiction of the Federal Security Service; carry out searches for persons who have committed the said crimes or are suspected of committing them;
d) identify, prevent and suppress acts of terrorism;
e) develop and implement, in cooperation with other government agencies, measures to combat corruption, illegal trafficking in weapons and drugs, smuggling, the activities of illegal armed groups, criminal groups, individuals and public associations whose goal is the violent change of the constitutional order of the Russian Federation;
g) ensure, within the limits of their authority, security in the Armed Forces of the Russian Federation, the Border Troops of the Russian Federation, the Internal Troops of the Ministry of Internal Affairs of the Russian Federation, the Troops of the Federal Agency for Government Communications and Information under the President of the Russian Federation, the Railway Troops of the Russian Federation, the Civil Defense Troops of the Russian Federation, other military formations and in their command bodies, as well as in the internal affairs bodies, federal tax police bodies, federal government communications and information bodies, and customs bodies of the Russian Federation;
h) ensure, within the limits of their authority, the security of defense industry facilities, nuclear energy, transport and communications, life support of large cities and industrial centers, and other strategic facilities, as well as security in the field of space research and priority scientific developments;
i) ensure, within the limits of their authority, the security of federal government bodies and government bodies of constituent entities of the Russian Federation;
k) participate in the development and implementation of measures to protect information constituting a state secret; exercise control over ensuring the safety of information constituting a state secret in government bodies, military formations, enterprises, institutions and organizations regardless of their form of ownership; in accordance with the established procedure, implement measures related to the admission of citizens to information constituting a state secret;
l) carry out, in cooperation with the Foreign Intelligence Service of the Russian Federation, measures to ensure the security of institutions and citizens of the Russian Federation outside its borders;
m) carry out, within the limits of its authority and in cooperation with the Border Troops of the Russian Federation, measures to ensure the protection of the State Border of the Russian Federation;
n) ensure, in cooperation with the internal affairs agencies, the security of the missions of foreign states on the territory of the Russian Federation;
o) participate, within the limits of their 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;
p) carry out registration and centralized accounting of radio data and radio emissions of transmitting radio-electronic means; identify on the territory of the Russian Federation radio emissions of transmitting radio-electronic means whose operation poses a threat to the security of the Russian Federation, as well as radio emissions of transmitting radio-electronic means used for illegal purposes;
p) participate in accordance with the legislation of the Russian Federation in resolving issues related to admission to and withdrawal from citizenship of the Russian Federation, entry into the territory of the Russian Federation and exit from it 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;
c) maintain the mobilization readiness of the Federal Security Service bodies;
r) carry out training of personnel for the Federal Security Service bodies, their retraining and advanced training.
Article 13. Rights of the Federal Security Service bodies
The Federal Security Service bodies have the right to:
a) establish confidential cooperative relationships with persons who have given their consent;
b) carry out operational investigative measures to identify, prevent, suppress and expose espionage, terrorist activity, organized crime, corruption, illegal arms and drug trafficking, smuggling and other crimes, the inquiry and preliminary investigation of which are attributed by the legislation of the Russian Federation to the jurisdiction of the Federal Security Service, as well as to identify, prevent, suppress and expose 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;
c) infiltrate special services and organizations of foreign states conducting intelligence and other activities aimed at damaging the security of the Russian Federation, as well as criminal groups;
d) carry out inquiries and preliminary investigations in cases of crimes assigned by the legislation of the Russian Federation to the jurisdiction of the Federal Security Service; have and use pre-trial detention facilities in accordance with the legislation of the Russian Federation;
d) carry out encryption work in the bodies of the Federal Security Service, as well as control over compliance with the secrecy regime when handling encrypted information in the encryption departments of state bodies, enterprises, institutions and organizations, regardless of their form of ownership (with the exception of institutions of the Russian Federation located outside its borders);
e) use for official purposes communication facilities belonging to state enterprises, institutions and organizations, and in urgent cases — non-state enterprises, institutions and organizations, as well as public associations and citizens of the Russian Federation;
g) use, in urgent cases, vehicles belonging to enterprises, institutions and organizations regardless of their form of ownership or public associations (except for vehicles that are exempt from such use by the legislation of the Russian Federation) to prevent crimes, pursue and detain persons who have committed crimes or are suspected of committing them, deliver citizens in need of urgent medical care to medical institutions, and also for travel to the scene of an incident. At the request of vehicle owners, the Federal Security Service agencies shall reimburse them for expenses or damages in the manner prescribed by law;
h) to freely enter residential and other premises belonging to citizens, land plots belonging to them, the territory of the premises of enterprises, institutions and organizations regardless of the form of ownership, if there is sufficient evidence to believe that a crime is being committed or has been committed there, the inquiry and preliminary investigation of which are referred by the legislation of the Russian Federation to the jurisdiction of the Federal Security Service, as well as in the case of prosecution of persons suspected of committing the said crimes, if delay may endanger the life and health of citizens. The Federal Security Service shall notify the prosecutor of all such cases of entry into residential and premises belonging to citizens within twenty-four hours;
i) check the identity documents of citizens and officials if there are sufficient grounds to suspect them of committing a crime;
k) carry out administrative detention of persons who have committed offenses related to attempts to enter and entry into specially protected areas of special-regime facilities, closed administrative-territorial entities and other protected facilities, as well as check the identity documents of these persons, obtain explanations from them, carry out their personal search, search and seizure of their belongings and documents;
l) submit to state bodies, administrations of enterprises, institutions and organizations regardless of their form of ownership, as well as to public associations, mandatory representations on the elimination of causes and conditions that contribute to the implementation of threats to the security of the Russian Federation, the commission of crimes, the inquiry and preliminary investigation of which are attributed by the legislation of the Russian Federation to the jurisdiction of the Federal Security Service;
m) receive free of charge from state bodies, enterprises, institutions and organizations regardless of their form of ownership information necessary for the performance of the duties assigned to the Federal Security Service, except in cases where federal laws establish a special procedure for obtaining information;
n) create, in the manner established by the legislation of the Russian Federation, enterprises, institutions, organizations and divisions necessary to perform the duties assigned to the bodies of the Federal Security Service and to ensure the activities of the said bodies;
o) create special-purpose units to perform the duties assigned to the bodies of the Federal Security Service;
n) conduct forensic and other examinations and research;
p) to carry out external relations with special services and law enforcement agencies of foreign states, to exchange with them on a reciprocal basis operational information, special technical and other means within the powers of the Federal Security Service bodies and in the manner established by the regulatory acts of the Federal Security Service; to conclude, in the established manner and within the limits of their powers, international treaties of the Russian Federation;
c) send 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;
т) implement measures to ensure their own security, including preventing the penetration of special services and organizations of foreign states, criminal groups and individuals using technical means to information protected by the Federal Security Service that constitutes a state secret;
u) permit employees of the Federal Security Service to store and carry service weapons and special equipment;
f) use documents of other ministries, departments, enterprises, institutions and organizations for the purpose of encrypting the identity of employees of the Federal Security Service, departmental affiliation of their units, premises and vehicles;
x) conduct scientific research on security issues of the Russian Federation;
c) provide assistance to enterprises, institutions and organizations regardless of their form of ownership in developing measures to protect commercial secrets;
h) carry 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 their form of ownership, if this does not contradict the principles of activity of the Federal Security Service bodies.
The use by the Federal Security Service bodies of the rights granted to them to perform duties not provided for by federal laws is not permitted.
Article 14. Use of weapons, special means and physical force
Employees of the Federal Security Service are permitted to store and carry service weapons and special equipment. They have the right to use physical force, including combat techniques, as well as weapons and special equipment in cases and in the manner stipulated by legislative and other regulatory legal acts of the Russian Federation for police officers.
Article 15. Interaction with Russian and Foreign Institutions
The Federal Security Service carries out its activities in cooperation with federal government bodies, government bodies of the constituent entities of the Russian Federation, enterprises, institutions and organizations regardless of their form of ownership.
The Federal Security Service bodies may use the capabilities of other security forces of the Russian Federation in the manner established by federal laws.
Government bodies, as well as enterprises, institutions and organizations are obliged to assist the Federal Security Service bodies in the performance of their assigned duties.
Individuals and legal entities in the Russian Federation providing postal services, telecommunications of all types, including telecode, confidential, and satellite communication systems, are required, at the request of the Federal Security Service, to include additional equipment and software in the hardware, as well as to create other conditions necessary for the implementation of operational and technical measures by the Federal Security Service.
In order to solve the problems of ensuring the security of the Russian Federation, military personnel of the Federal Security Service may be seconded to government agencies, enterprises, institutions and organizations regardless of their form of ownership with the consent of their heads in the manner established by the President of the Russian Federation, while leaving them in military service.
Interaction of the Federal Security Service with special services, law enforcement agencies and other organizations of foreign states is established on the basis of international treaties of the Russian Federation.
CHAPTER IV. FORCES AND MEANS OF THE FEDERAL SECURITY SERVICE BODIES
Article 16. Employees of the Federal Security Service Bodies
The Federal Security Service bodies are staffed (including on a competitive basis) with military personnel and civilian personnel. Military personnel of the Federal Security Service bodies (except for military personnel serving by conscription), as well as civilian personnel appointed to military positions, are employees of the Federal Security Service bodies.
An employee of the Federal Security Service bodies may be a citizen of the Russian Federation who is capable, based on his personal and business qualities, age, education and health, of fulfilling the duties assigned to him.
The military personnel of the Federal Security Service bodies perform their military service in accordance with the legislation of the Russian Federation on military service, taking into account the features established by this federal law, determined by the specifics of the duties they perform.
The number of military personnel and civilian personnel of the Federal Security Service bodies (excluding the number of employees of research, military medical institutions and units, personnel for the operation, security and maintenance of office buildings and premises of the Federal Security Service bodies) is established by the President of the Russian Federation.
The number of military personnel and civilian personnel of research and military medical institutions and units, personnel for the operation, security and maintenance of office buildings and premises of the Federal Security Service bodies is established by the Director of the Federal Security Service of the Russian Federation within the budgetary appropriations allocated to the Federal Security Service of the Russian Federation.
The powers of officials of the Federal Security Service bodies to apply incentives and impose disciplinary sanctions in relation to military personnel subordinate to them, as well as to assign military ranks, appoint and dismiss military personnel (with the exception of military personnel holding the positions of senior officers) are established by the Director of the Federal Security Service of the Russian Federation.
Contracts for military service for a period until they reach 65 years of age may be concluded with military personnel of the Federal Security Service bodies who are highly qualified specialists and have reached the maximum age for military service in the manner determined by the Director of the Federal Security Service of the Russian Federation.
The duties, rights and benefits of civilian personnel of the Federal Security Service bodies are determined by the legislation of the Russian Federation.
Employees of the Federal Security Service are guided by federal laws in their official activities and cannot be bound by decisions of political parties, public movements and public organizations.
Employees and civilian personnel of the Federal Security Service are prohibited from engaging in entrepreneurial activity, as well as assisting individuals and legal entities in carrying out such activity. Employees of the Federal Security Service may not combine military service with other paid activity, except for scientific, teaching and other creative activity, if it does not interfere with the performance of official duties (except in cases where this is caused by official necessity).
Article 17. Legal protection of employees of the Federal Security Service
Employees of the Federal Security Service bodies, when performing their official duties, are representatives of federal government bodies and are protected by the state. No one, except government bodies and officials authorized to do so by federal laws, has the right to interfere with their official activities.
Obstruction of the performance of official duties by an employee of the Federal Security Service bodies, insult, resistance, violence or threat of violence against him in connection with the performance of official duties by the said employee entail liability provided for by the legislation of the Russian Federation.
The protection of life and health, honor and dignity, as well as the property of an employee of the Federal Security Service and members of his family from criminal attacks in connection with the performance of his official duties is carried out in the manner prescribed by the legislation of the Russian Federation.
When an employee of the Federal Security Service is performing his official duties, he shall not be brought in, detained, searched personally or searched his belongings, nor searched his personal and used transport without an official representative of the Federal Security Service or a court decision.
Information about employees of the Federal Security Service who have performed (are performing) special assignments in special services and organizations of foreign states, in criminal groups, constitutes a state secret and may be made public only with the written consent of the said employees and in cases stipulated by federal laws.
Article 18. Social protection of employees of the Federal Security Service
For military personnel of the Federal Security Service from among highly qualified specialists, the length of service for the purpose of assigning a pension and calculating the percentage bonus for length of service may be counted as the length of their work experience before enlistment in military service in the manner determined by the Director of the Federal Security Service of the Russian Federation.
The time spent by employees of the Federal Security Service on special assignments in special services and organizations of foreign states, in criminal groups, is subject to credit towards length of service in a preferential calculation for the purpose of assigning a pension, conferring a military rank and calculating a percentage bonus for length of service in the manner determined by the Government of the Russian Federation.
The salaries for military positions and official salaries (tariff rates) of military personnel and civilian personnel of the Federal Security Service are established with an increase of 25 percent for service (work) in the Federal Security Service.
Military personnel of the Federal Security Service who are entitled to a pension for length of service and continue military service are paid a monthly supplement to their monetary allowance in the amount of 25 to 50 percent of the pension that could have been accrued to them. The procedure and conditions for paying this supplement are determined by the Director of the Federal Security Service of the Russian Federation.
Servicemen of the Federal Security Service throughout the territory of the Russian Federation enjoy the right to free travel on all types of public transport in urban, suburban and local traffic (except taxis), and in rural areas — on passing transport (except personal) upon presentation of an official ID.
Servicemen of the Federal Security Service ensuring the security of transport facilities, while performing official duties, have the right to free travel on trains, river, sea and air vessels.
Employees of the Federal Security Service who use personal transport for official purposes are paid monetary compensation in the manner and amount established by the Government of the Russian Federation.
For military personnel of the Federal Security Service, telephones at their place of residence are installed within a period not exceeding one year from the date of application. Medical care is provided free of charge to military personnel and civilian personnel of the Federal Security Service, family members of military personnel serving under contract (wives, husbands, children under 18 years of age and dependents), as well as children of civilian personnel under 18 years of age in military medical institutions of the Federal Security Service.
Provision of medical care to military personnel of the Federal Security Service, including provision of military personnel with medicines, medical products, manufacture and repair of dentures (except for dentures made of precious metals) in health care institutions of other ministries and departments, is carried out at the expense of the Federal Security Service of the Russian Federation. At the same time, funds sent by the Federal Security Service to health care institutions of other departmental affiliation for the provision of medical care to military personnel are excluded from the amounts subject to taxation.
The time that military personnel of the Federal Security Service are treated for injuries, contusions or mutilations received in the performance of their official duties is not limited only if there is indisputable data on the possibility of restoring the ability to perform military service.
The rights and benefits of military personnel of the Federal Security Service and their family members, provided for in parts nine and ten of this article, shall apply to citizens who are discharged from military service upon reaching the maximum age for military service, due to health reasons or in connection with organizational and staffing measures, and whose total length of military service in preferential calculation is twenty years or more, as well as to their family members.
Article 19. Persons assisting the Federal Security Service
The Federal Security Service bodies may engage individuals, with their consent, to assist in resolving the duties assigned to the Federal Security Service bodies on a transparent and non-public (confidential) basis, including as part-time employees. The powers of a part-time employee of the Federal Security Service bodies are determined by the regulatory acts of the Federal Security Service of the Russian Federation.
Individuals assisting the Federal Security Service bodies have the right to:
a) conclude a contract with the Federal Security Service bodies on confidential cooperation;
b) receive explanations of their tasks, duties and rights from employees of the Federal Security Service;
c) use documents that encrypt their identity for the purposes of conspiracy;
d) receive remuneration;
d) receive compensation for damage caused to their health or property in the process of providing assistance to the Federal Security Service.
Persons providing assistance to the Federal Security Service are obliged to:
a) comply with the terms of the contract or cooperation agreement concluded with the Federal Security Service bodies;
b) carry out the instructions of the Federal Security Service bodies aimed at fulfilling the duties assigned to them;
c) prevent the deliberate provision of biased, incomplete, false or slanderous information;
d) not disclose information constituting a state secret or other information that became known to them in the process of providing assistance to the Federal Security Service bodies.
It is prohibited to use confidential assistance on a contractual basis from deputies, judges, prosecutors, lawyers, minors, clergy and authorized representatives of officially registered religious organizations.
Information about persons who provide or have provided assistance to the Federal Security Service bodies on a confidential basis constitutes a state secret and may be made public only with the written consent of these persons and in cases stipulated by federal laws.
Article 20. Information support for the Federal Security Service bodies
In order to carry out their activities, the Federal Security Service bodies may, without licensing, develop, create and operate information systems, communication systems and data transmission systems, as well as information protection tools, including cryptographic protection tools.
The presence of information about individuals and legal entities in information systems does not constitute grounds for the Federal Security Service to take measures restricting the rights of these individuals.
The procedure for recording and using information on offenses committed that affect issues of ensuring the security of the Russian Federation, as well as information on intelligence and other activities of special services and organizations of foreign states, individuals aimed at damaging the security of the Russian Federation, shall be established by regulatory acts of the Federal Security Service of the Russian Federation.
Article 21. Weapons and equipment of the Federal Security Service bodies
The Federal Security Service bodies develop, create, acquire and use means, acquire and use combat weapons accepted into service by the Federal Security Service bodies by a decision of the Government of the Russian Federation, as well as other service and civilian weapons and ammunition for them, without licensing.
The sale, transfer, export outside the Russian Federation and import into its territory of weapons and equipment, including special technical and other means, firearms and ammunition for them, which can be used in the activities of the Federal Security Service bodies, are carried out by them in the manner established by the Government of the Russian Federation.
Article 22. Financial and logistical support
The Federal Security Service is financed from the federal budget.
The Federal Security Service is provided with material and technical support from the centralized resources of the Russian Federation, as well as through the acquisition of the necessary material and technical resources from enterprises, institutions and organizations, regardless of their form of ownership.
Land plots and property of the Federal Security Service bodies (including buildings, structures, equipment), created (being created) or acquired (being acquired) using federal budget funds and other funds, are federal property. The Federal Security Service bodies are exempt from all forms of land payments for the land plots they occupy.
The Federal Security Service bodies may have a service housing stock formed in the manner established by the Government of the Russian Federation.
Enterprises, institutions and organizations created or being created to ensure the activities of the Federal Security Service bodies shall carry out their activities without licensing and shall not be subject to privatization.
CHAPTER V. CONTROL AND SUPERVISION OF THE ACTIVITIES OF THE FEDERAL SECURITY SERVICE BODIES
Article 23. Control over the activities of the Federal Security Service bodies
Control over the activities of the Federal Security Service bodies is exercised by the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation and the judicial bodies within the limits of powers determined by the Constitution of the Russian Federation, federal constitutional laws and federal laws.
Deputies (members) of the Council of the Federation and deputies of the State Duma of the Federal Assembly of the Russian Federation, in connection with the exercise of their parliamentary activities, have the right to receive information on the activities of the Federal Security Service in the manner determined by the legislation of the Russian Federation.
Article 24. Prosecutor's supervision
Supervision of the implementation of laws by the Federal Security Service
The Prosecutor General of the Russian Federation and prosecutors authorized by him shall exercise their powers of attorney. Information about persons who provide or have provided assistance to the Federal Security Service bodies on a confidential basis, as well as about the organization, tactics, methods, and means of implementing the activities of the Federal Security Service bodies, shall not be subject to prosecutorial supervision.
CHAPTER VI. FINAL PROVISIONS
Article 25. On the successors of the Federal Security Service bodies
The Federal Security Service of the Russian Federation and its subordinate bodies are the successors of the Federal Counterintelligence Service of the Russian Federation and its bodies.
Military personnel and civilian personnel of the counterintelligence agencies of the Russian Federation shall be considered to be serving in the military (working) in the Federal Security Service agencies in the positions they hold without their re-certification and reassignment, as well as without carrying out organizational and staffing measures.
Article 26. Entry into force of this Federal Law
This Federal Law shall enter into force on the date of its official publication.
To recognize as invalid from the date of entry into force of this Federal Law of the Russian Federation «On Federal State Security Agencies» (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 32, art. 1871; 1993, No. 33, art. 1308; No. 36, art. 1438).
To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts into conformity with this Federal Law.
President of the Russian Federation B. Yeltsin
Moscow, the Kremlin
April 3, 1995
N 40-FZ