Federal Law on Operational — Investigative Activities N 144-F3.
RUSSIAN FEDERATION
FEDERAL LAW
ON OPERATIONAL — SEARCH ACTIVITIES»
N 144-FZ
Adopted by the State Duma
July 5, 1995
(as amended by Federal Law of July 18, 1997 N 101-FZ)
This Federal Law defines the content of operational-search activities carried out on the territory of the Russian Federation and establishes a system of guarantees of legality in the conduct of operational-search activities.
Chapter I. GENERAL PROVISIONS
Article 1.Operational-search activity Operational-search activity is a type of activity carried out openly and covertly by operational units of government agencies authorized to do so by this Federal Law (hereinafter referred to as the agencies carrying out operational-search activity), within the limits of their authority by conducting operational-search measures in order to protect the life, health, rights and freedoms of a person and citizen, property, and ensure the security of society and the state from criminal attacks.
Article 2. Tasks of operational-search activity
The tasks of operational-search activity are search activities are:
detection, prevention, suppression and disclosure of crimes, as well as identification and identification of persons preparing, committing or having committed them;
carrying out searches for persons hiding from the bodies of inquiry, investigation and the court, evading criminal punishment, as well as searches for missing persons;
obtaining information about events or actions that pose a threat to the state, military, economic or environmental security of the Russian Federation.
Article 3. Principles of operational — investigative activity
Operational — investigative activity is based on the constitutional principles of legality, respect for and observance of human and civil rights and freedoms, as well as on the principles of conspiracy, a combination of overt and covert methods and means.
Article 4. Legal basis for operational — investigative activities
The legal basis for operational — investigative activities shall be the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of federal government bodies adopted in accordance with them.
The bodies implementing operational — search activities shall, within the limits of their authority in accordance with the legislation of the Russian Federation, issue regulations governing the organization and tactics of conducting operational — search activities.
Article 5. Observance of the rights and freedoms of man and citizen in the implementation of operational — search activities
It is not permitted to implement operational — search activities to achieve goals and solve problems not provided for by this Federal Law.
A person who believes that the actions of bodies implementing operational-search activities have led to a violation of his rights and freedoms has the right to appeal these actions to a higher body implementing operational-search activities, to the prosecutor or to the court.
A person whose guilt in committing a crime has not been proven in accordance with the procedure established by law, that is, in relation to whom the initiation of a criminal case has been refused or the criminal case has been terminated due to the absence of a crime or due to the absence of elements of a crime in the act, and who has facts of operational and #8212; investigative activities being carried out in relation to him and believes that his rights have been violated, has the right to request from the body carrying out operational and #8212; investigative activities information about the information received about him within the limits permitted by the requirements of secrecy and excluding the possibility of disclosure of state secrets.
If the requested information is refused or if the said person believes that the information has not been received in full, he/she has the right to appeal this in court. During the consideration of the case in court, the responsibility for proving the validity of the refusal to provide this person with information, including in full, rests with the relevant body carrying out operational and search activities.
In order to ensure the completeness and comprehensiveness of the consideration of the case, the body carrying out operational-search activities is obliged to provide the judge, at his request, operational-service documents containing information about the data that was refused to the applicant, with the exception of information about persons embedded in organized criminal groups, about full-time undercover employees of the bodies carrying out operational-search activities, and about persons assisting them on a confidential basis.
If the decision of the body carrying out operational-search activities to refuse to provide the necessary information to the applicant is recognized as unfounded, the judge may oblige the said body to provide the applicant with the information stipulated by part three of this article.
Materials obtained as a result of operational and investigative activities regarding persons whose guilt in committing a crime has not been proven in accordance with the procedure established by law shall be stored for one year and then destroyed, unless official interests or justice require otherwise. Three months prior to the date of destruction of materials reflecting the results of operational and investigative activities conducted on the basis of a court decision, the relevant judge shall be notified of this.
Bodies (officials) carrying out operational and investigative activities are prohibited from:
conducting operational and investigative activities in the interests of any political party, public or religious association;
to take covert participation in the work of federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies, as well as in the activities of duly registered and not prohibited political parties, public and religious associations in order to influence the nature of their activities;
disclose information that affects the privacy, personal and family secrets, honor and good name of citizens and that became known in the course of operational — search activities, without the consent of citizens, except in cases stipulated by federal laws.
If the body (official) carrying out operational — search activities violates the rights and legitimate interests of individuals and legal entities, the higher body, prosecutor or judge, in accordance with the legislation of the Russian Federation, are obliged to take measures to restore these rights and legitimate interests, compensate for the damage caused.
Violations of this Federal Law during the implementation of operational — search activities shall entail liability provided for by the legislation of the Russian Federation.
Chapter II. CONDUCTING OPERATIONAL — SEARCH MEASURES
Article 6. Operational — search activities
During the implementation of operational — search activities, the following operational — search activities shall be carried out:
1. Questioning citizens.
2. Making inquiries.
3. Collecting samples for comparative study.
4. Test purchase.
5. Examination of objects and documents.
6. Observation.
7. Identification of persons.
8. Inspection of premises, buildings, structures, areas and vehicles.
9. Monitoring mail, telegraph and other messages.
10. Wiretapping telephone conversations.
11. Removing information from technical communication channels.
12. Operational implementation.
13. Controlled delivery.
14. Operational experiment.
The above list of operational — search activities may be changed or supplemented only by federal law. During operational — search activities, information systems, video and audio recording, film and photography, as well as other technical and other means that do not harm human life and health and do not harm the environment are used.
Operational — search activities related to the control of postal items, telegraph and other messages, wiretapping of telephone conversations with connection to the station equipment of enterprises, institutions and organizations regardless of the form of ownership, individuals and legal entities providing services and means of communication, with the removal of information from technical communication channels, are carried out using operational — technical forces and means of the federal security service and internal affairs agencies in the manner determined by interdepartmental regulatory acts or agreements between agencies carrying out operational — search activities.
Officials of the bodies implementing operational — investigative activities solve their tasks through personal participation in the organization and implementation of operational — investigative activities, using the assistance of officials and specialists possessing scientific, technical and other specialized knowledge, as well as individual citizens with their consent on an overt and covert basis.
It is prohibited to conduct operational — investigative activities and use special and other technical means intended (developed, adapted, programmed) for the covert acquisition of information by individuals and legal entities not authorized to do so by this Federal Law.
The development, production, sale, acquisition for the purpose of sale, import into the Russian Federation and export outside of it of special technical means intended for the covert acquisition of information by individuals and legal entities not authorized to carry out operational and investigative activities are subject to licensing in the manner established by the Government of the Russian Federation.
The list of types of special technical means intended for covert acquisition of information in the process of operational and investigative activities shall be established by the Government of the Russian Federation.
Article 7. Grounds for conducting operational and investigative activities
The grounds for conducting operational and investigative activities are:
1. The existence of an initiated criminal case.
2. Information that has become known to the bodies conducting operational and investigative activities about:
1) signs of an unlawful act being prepared, being committed or having been committed, as well as persons preparing, committing or having committed it, if there is insufficient data to decide whether to initiate a criminal case;
2) events or actions that pose a threat to the state, military, economic or environmental security of the Russian Federation;
3) persons hiding from the bodies of inquiry, investigation and the court or evading criminal punishment;
4) persons missing in action and the discovery of unidentified corpses.
3. Instructions of the investigator, inquiry agency, prosecutor's instructions or court rulings on criminal cases pending in their proceedings.
4. Requests of other agencies carrying out operational-search activities, on the grounds specified in this article.
5. Resolution on the application of security measures in relation to protected persons, carried out by state agencies authorized to do so in the manner prescribed by the legislation of the Russian Federation.
6. Requests from international law enforcement organizations and law enforcement agencies of foreign states in accordance with international treaties of the Russian Federation.
Bodies carrying out operational and search activities, within the limits of their authority, also have the right to collect data necessary for decision-making:
1. On access to information constituting a state secret.
2. On admission to work related to the operation of facilities that pose an increased danger to human life and health, as well as to the environment.
3. On admission to participation in operational — search activities or on access to materials obtained as a result of their implementation.
4. On establishing or maintaining cooperative relationships with a person in the preparation and conduct of operational — search activities.
5. On ensuring the security of bodies carrying out operational — search activities.
6. On issuing permits for private detective and security activities.
Article 8. Conditions for conducting operational — search activities
Citizenship, nationality, gender, place of residence, property, official and social status, membership in public associations, attitude to religion and political beliefs of individuals are not an obstacle to conducting operational — search activities with respect to them on the territory of the Russian Federation, unless otherwise provided by federal law.
Conducting operational — search activities that restrict the constitutional rights of citizens to the privacy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted over electrical and postal networks, as well as the right to the inviolability of the home, is permitted on the basis of a court decision and in the presence of information:
1. On the signs of an unlawful act being prepared, committed or completed, for which a preliminary investigation is mandatory.
2. On persons preparing, committing or having committed an illegal act for which preliminary investigation is mandatory.
3. On events or actions that pose a threat to the state, military, economic or environmental security of the Russian Federation.
In urgent cases that may lead to the commission of a serious crime, as well as in the presence of data on events and actions that pose a threat to the state, military, economic or environmental security of the Russian Federation, on the basis of a reasoned decision of one of the heads of the body carrying out operational and #8212; search activities, it is permitted to carry out operational and #8212; search activities provided for in Part Two of this Article, with mandatory notification of the court (judge) within 24 hours. Within 48 hours from the start of the operational and #8212; search activity, the body carrying it out is obliged to obtain a court decision on the conduct of such operational and #8212; search activity or to terminate it.
In the event of a threat to the life, health, or property of individuals, at their request or with their written consent, wiretapping of conversations conducted on their telephones is permitted on the basis of a resolution approved by the head of the body carrying out operational-search activities, with mandatory notification of the relevant court (judge) within 48 hours.
A test purchase or controlled delivery of items, substances, and products whose free sale is prohibited or whose circulation is restricted, as well as an operational experiment or operational penetration of officials of bodies carrying out operational-search activities, as well as persons assisting them, are carried out on the basis of a resolution approved by the head of the body carrying out operational-search activities.
Conducting an operational experiment is permitted only for the purpose of identifying, preventing, suppressing and solving a serious crime, as well as for the purpose of identifying and identifying the persons preparing, committing or having committed them.
When conducting operational and search activities on the grounds provided for in paragraphs 1 — 4 and 6 of Part Two of Article 7 of this Federal Law, it is prohibited to carry out the actions specified in paragraphs 8 — 11 of Part One of Article 6 of this Federal Law.
Operational — search activities ensuring the security of the bodies implementing operational — search activities are carried out in accordance with this Federal Law and exclusively within the powers of the said bodies established by the relevant legislative acts of the Russian Federation. On the grounds provided for in paragraph 5 of part two of Article 7 of this Federal Law, it is permitted to carry out the actions specified in paragraphs 8 — 11 of part one of Article 6 without a court decision, provided that the citizen has consented in writing.
Article 9. Grounds and procedure for judicial review of materials on the restriction of constitutional rights of citizens during operational — search activities
Consideration of materials on the restriction of the constitutional rights of citizens to the privacy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted via electric and postal networks, to the inviolability of the home during operational and search activities, as a rule, at the place where such activities are carried out or at the location of the body petitioning for their implementation. The said materials are considered by the judge authorized to do so, individually and immediately. The judge has no right to refuse to consider such materials if they are submitted.
The basis for a judge's decision on the issue of conducting an operational-search measure that restricts the constitutional rights of citizens specified in Part One of this Article is a reasoned decision by one of the heads of the body carrying out operational-search activities. The list of categories of such heads is established by departmental regulations.
At the request of the judge, he may also be presented with other materials concerning the grounds for conducting operational and investigative activities, with the exception of data on persons embedded in organized criminal groups, on full-time undercover employees of agencies conducting operational and investigative activities, and on persons assisting them on a confidential basis, on the organization and tactics of conducting operational and investigative activities.
Based on the results of the examination of the said materials, the judge shall permit the relevant operational — search measure to be carried out, which restricts the constitutional rights of citizens specified in the first part of this article, or shall refuse to carry it out, and shall issue a reasoned ruling.
The ruling, certified by a seal, shall be issued to the initiator of the operational — search measure simultaneously with the return of the materials submitted by him.
The validity period of a ruling issued by a judge is calculated in days from the date of its issuance and may not exceed six months, unless otherwise specified in the ruling itself. In this case, the running of the period is not interrupted. If it is necessary to extend the validity period of the ruling, the judge issues a court decision based on newly submitted materials.
If the judge refuses to conduct an operational-search activity that restricts the constitutional rights of citizens specified in the first part of this article, the body carrying out operational-search activities has the right to appeal to a higher court on the same issue.
The heads of judicial bodies shall create conditions that ensure the protection of information contained in operational and official documents submitted to the judge.
Article 10. Information support and documentation of operational and investigative activities
Bodies implementing operational and investigative activities, in order to solve the tasks assigned to them by this Federal Law, may create and use information systems, as well as open operational accounting files.
Operational accounting files are opened if there are grounds stipulated by paragraphs 1–6 of Part One of Article 7 of this Federal Law, for the purposes of collecting and systematizing information, verifying and evaluating the results of operational and investigative activities, and making appropriate decisions on their basis by bodies implementing operational and investigative activities.
The fact of opening an operational accounting case is not a basis for restricting constitutional rights and freedoms, as well as the legitimate interests of a person and citizen.
An operational accounting case is terminated in cases of solving specific tasks of operational — investigative activities, stipulated by Article 2 of this Federal Law, as well as the establishment of circumstances indicating the objective impossibility of solving these tasks.
The list of operational accounting cases and the procedure for maintaining them are determined by regulatory acts of the bodies implementing operational — investigative activities.
Article 11. Use of the results of operational — investigative activities
The results of operational — investigative activities may be used to prepare and implement investigative and judicial actions, conduct operational — investigative measures to identify, prevent, suppress and solve crimes, identify and identify persons preparing, committing or having committed them, as well as to search for persons who have hidden from the inquiry, investigation and court authorities, evading punishment and missing persons.
The results of operational — investigative activities may serve as a reason and basis for initiating a criminal case, be presented to the inquiry authority, investigator or court in whose proceedings the criminal case is being handled, and also be used in proving criminal cases in accordance with the provisions of the criminal — procedural legislation of the Russian Federation regulating the collection, verification and evaluation of evidence.
The results of operational — search activities shall be submitted to the inquiry body, investigator or court on the basis of a resolution of the head of the body carrying out operational — search activities, in the manner prescribed by departmental regulations. The results of operational — search activities in relation to persons listed in paragraphs 1-#8212; 4 and 6 of Part Two of Article 7 of this Federal Law shall be taken into account when deciding on their admission to the specified types of activities.
Article 12. Protection of information about bodies carrying out operational — search activities
Information about the forces, means, sources, methods, plans and results of operational investigative activities used or employed in conducting covert operational investigative activities, about persons embedded in organized criminal groups, about full-time undercover employees of agencies conducting operational investigative activities and about persons assisting them on a confidential basis, as well as about the organization and tactics of conducting operational investigative activities constitute a state secret and are subject to declassification only on the basis of a resolution of the head of the agency conducting operational investigative activities.
Disclosure of information about persons embedded in organized criminal groups, about full-time undercover employees of agencies carrying out operational and investigative activities, as well as about persons providing or providing them with assistance on a confidential basis, is permitted only with their consent in writing and in cases stipulated by federal laws.
A court decision on the right to conduct an operational and investigative activity and the materials that served as the basis for making such a decision shall be stored only in agencies carrying out operational and investigative activities.
Operational — official documents reflecting the results of operational — search activities may be submitted to the inquiry agency, investigator, judge, other agencies implementing operational — search activities, in the manner and cases established by this Federal Law.
Chapter III. BODIES IMPLEMENTING OPERATIONAL — SEARCH ACTIVITIES
Article 13. Bodies implementing operational — search activities
On the territory of the Russian Federation, the right to carry out operational — search activities is granted to operational units:
1. The internal affairs agencies of the Russian Federation.
2. The federal security service agencies.
3. The federal tax police agencies.
4. The federal state security agencies. (as amended by Federal Law of 18.07.97 N 101-FZ) (see text in previous version)
5. The border service agencies of the Russian Federation.
6. Customs authorities of the Russian Federation.
7. Foreign intelligence services of the Russian Federation.
The operational units of the foreign intelligence agency of the Ministry of Defense of the Russian Federation and the foreign intelligence agency of the Federal Agency for Government Communications and Information under the President of the Russian Federation shall conduct operational and investigative activities only for the purpose of ensuring the security of the said foreign intelligence agencies and in the event that the conduct of these activities does not affect the powers of the agencies specified in paragraphs 1–7 of Part One of this Article.
The list of agencies carrying out operational and investigative activities may be amended or supplemented only by federal law. The heads of the said agencies shall determine the list of operational units authorized to carry out operational and investigative activities, their powers, structure, and organization of work.
The bodies implementing operational — search activities shall solve the tasks specified by this Federal Law solely within the limits of their powers established by the relevant legislative acts of the Russian Federation.
Article 14. Duties of the bodies implementing operational — search activities
When solving the tasks of operational — search activities specified by this Federal Law, the bodies authorized to implement them shall be obliged to:
1. To take, within the limits of their authority, all necessary measures to protect the constitutional rights and freedoms of man and citizen, property, and to ensure the security of society and the state.
2. To carry out, within the limits of their authority, written instructions of the inquiry body, investigator, prosecutor's instructions and court decisions on conducting operational and search activities in criminal cases accepted by them for proceedings.
3. Fulfil, on the basis and in the manner stipulated by international treaties of the Russian Federation, requests from relevant international law enforcement organizations, law enforcement agencies and special services of foreign states.
4. Inform other agencies carrying out operational — search activities on the territory of the Russian Federation about facts of illegal activity that have become known to them, which fall within the competence of these agencies, and provide these agencies with the necessary assistance.
5. Observe the rules of secrecy when carrying out operational — search activities.
6. To assist in ensuring, in the manner established by the legislation of the Russian Federation, the safety and security of the property of their employees, persons assisting agencies implementing operational — search activities, participants in criminal proceedings, as well as family members and relatives of the said persons from criminal attacks.
Article 15. Rights of agencies implementing operational — search activities
When solving the problems of operational and search activities, the bodies authorized to carry them out have the right to:
1. To conduct, publicly and secretly, operational — search activities listed in Article 6 of this Federal Law, to seize objects, materials and messages during their implementation, and to interrupt the provision of communication services in the event of an immediate threat to the life and health of a person, as well as a threat to the state, military, economic or environmental security of the Russian Federation.
2. To establish, on a gratuitous or paid basis, cooperative relations with persons who have expressed their consent to provide assistance on a confidential basis to bodies carrying out operational — search activities.
3. To use, in the course of conducting operational — search activities under a contract or oral agreement, official premises, property of enterprises, institutions, organizations, military units, as well as residential and non-residential premises, vehicles and other property of individuals.
4. To use, for the purposes of conspiracy, documents that encrypt the identity of officials, departmental affiliation of enterprises, institutions, organizations, divisions, premises and vehicles of bodies carrying out operational — search activities, as well as the identity of citizens assisting them on a confidential basis.
5. To create, in the manner established by the legislation of the Russian Federation, enterprises, institutions, organizations and divisions necessary to solve the tasks provided for by this Federal Law.
The legal requirements of officials of the bodies carrying out operational and search activities are mandatory for execution by individuals and legal entities to whom such requirements are presented.
Failure to comply with the legal requirements of officials of bodies carrying out operational — search activities, or obstruction of their lawful implementation shall entail liability provided for by the legislation of the Russian Federation.
Article 16. Social and legal protection of officials of bodies carrying out operational — search activities
Officials of bodies carrying out operational — search activities are entitled to guarantees of social and legal protection of employees of those bodies on whose staff the said persons are included.
No one has the right to interfere with the lawful actions of officials and bodies carrying out operational — search activities, with the exception of persons expressly authorized to do so by federal law.
An official authorized to carry out operational — search activities, during the course of operational — search activities, reports only to his immediate and direct superior. Upon receipt of an order or instruction that is contrary to the law, the said official is obliged to be guided by the law.
In order to protect the life and health of citizens, their constitutional rights and legitimate interests, as well as to ensure the security of society and the state from criminal attacks, forced harm to protected interests by an official of a body carrying out operational and investigative activities, or by a person providing assistance to him, is permitted, committed during the lawful performance by the said person of his official or public duty.
The time spent by officials of agencies carrying out operational and investigative activities on special assignments in organized criminal groups, as well as the time spent serving as full-time undercover employees of the said agencies, shall be counted towards their length of service for the purpose of assigning a pension at a preferential rate in the manner determined by the Government of the Russian Federation.
Government bodies of the constituent entities of the Russian Federation and local government bodies have the right to establish additional types of social protection for officials of bodies implementing operational — search activities.
Chapter IV. ASSISTANCE OF CITIZENS TO BODIES IMPLEMENTING OPERATIONAL — SEARCH ACTIVITIES
Article 17. Assistance of citizens to bodies implementing operational — search activities
Individuals may, with their consent, be involved in the preparation or conduct of operational and investigative activities, while maintaining, at their request, the confidentiality of assistance to the agencies carrying out operational and investigative activities, including under contract. These individuals are required to keep secret information that became known to them during the preparation or conduct of operational and investigative activities, and do not have the right to provide knowingly false information to the said agencies.
Bodies carrying out operational — search activities may enter into contracts with adults of legal capacity regardless of their citizenship, nationality, gender, property, official and social status, education, membership in public associations, attitude to religion and political beliefs.
Bodies carrying out operational — search activities are prohibited from using confidential assistance under a contract from deputies, judges, prosecutors, lawyers, clergy and authorized representatives of officially registered religious associations.
Article 18. Social and legal protection of citizens assisting agencies carrying out operational and investigative activities
Persons assisting agencies implementing operational — search activities are protected by the state. The state guarantees persons who have expressed their consent to assist agencies implementing operational — search activities under a contract that they will fulfill their obligations under the contract, including guaranteeing legal protection related to the lawful performance by these persons of their public duty or the duties imposed on them.
In the event of a real threat of unlawful encroachment on the life, health or property of individuals in connection with their assistance to bodies carrying out operational-search activities, as well as members of their families and loved ones, these bodies are obliged to take the necessary measures to prevent unlawful actions, identify the perpetrators and bring them to justice, as provided for by the legislation of the Russian Federation.
A person from among the members of a criminal group who has committed an unlawful act that did not entail serious consequences and who was brought to cooperate with the body carrying out operational-search activities, actively contributed to the disclosure of crimes, compensated for the damage caused or otherwise made amends for the harm caused, is released from criminal liability in accordance with the legislation of the Russian Federation.
Persons cooperating with agencies carrying out operational — search activities, or who have assisted them in solving a crime or identifying the persons who committed it, may receive remuneration and other payments. The amounts of remuneration and other payments received by the said persons are not subject to taxes and are not indicated in income declarations. The period of cooperation of citizens under a contract with agencies carrying out operational — search activities, as their main occupation, is included in the work experience of citizens.
These persons have the right to pension benefits in accordance with the legislation of the Russian Federation.
In order to ensure the safety of persons cooperating with agencies carrying out operational — search activities, and their family members, special measures may be taken to protect them in the manner determined by legislative and other regulatory legal acts of the Russian Federation.
In the event of the death of a person cooperating under a contract with agencies implementing operational and search activities, in connection with his participation in the implementation of operational and search activities, the family of the victim and persons dependent on him shall be paid a one-time benefit from the funds of the relevant budget in the amount of ten years of the deceased's salary and a survivor's pension shall be assigned in accordance with the procedure established by law.
If a person cooperating under a contract with agencies carrying out operational-search activities receives an injury, wound, contusion, or mutilation that occurred in connection with his participation in operational-search activities and that precludes his possibility of further cooperation with agencies carrying out operational-search activities, the said person shall be paid a one-time allowance in the amount of five years' salary from the relevant budget and shall be assigned a disability pension in the manner prescribed by law.
Chapter V. FINANCIAL SUPPORT FOR OPERATIONAL-SEARCH ACTIVITIES
Article 19. Financial Support for Operational-search Activities
Government agencies whose operational units are authorized to carry out operational-search activities shall receive search activities, financial resources are allocated from the federal budget, which are spent in the manner established by the heads of these bodies.
Legislative and executive bodies of state power of the constituent entities of the Russian Federation have the right to independently, at the expense of their own budgets and extra-budgetary target funds, increase the amount of funds allocated to bodies carrying out operational and search activities on the territory of the relevant constituent entities of the Russian Federation.
Control over the expenditure of financial resources allocated for operational and investigative activities is carried out by the heads of state bodies, which include operational units implementing operational and investigative activities, as well as by specially authorized representatives of the Ministry of Finance of the Russian Federation.
Chapter VI. CONTROL AND SUPERVISION OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES
Article 20. Control over operational and investigative activities
Control over operational and investigative activities is exercised by the President of the Russian Federation, the Federal Assembly of the Russian Federation, and the Government of the Russian Federation within the limits of powers determined by the Constitution of the Russian Federation, federal constitutional laws, and federal laws.
Article 21. Prosecutor's supervision of operational and investigative activities
Supervision over the implementation of the laws of the Russian Federation by bodies implementing operational and investigative activities is carried out by the Prosecutor General of the Russian Federation and prosecutors authorized by him.
At the request of the authorized prosecutor in connection with materials, information and appeals from citizens received by the prosecutor's office regarding violations of laws during operational and investigative activities, as well as during the verification of the established procedure for conducting operational and investigative activities and the legality of the decisions taken in this regard, the heads of the body implementing operational and investigative activities shall submit to the said prosecutor operational and official documents that served as the basis for conducting these activities.
Information about persons embedded in organized criminal groups and about full-time undercover employees of agencies carrying out operational — investigative activities, as well as about persons providing or having provided assistance to these agencies on a confidential basis, shall be submitted to the prosecutor only with the written consent of the said persons, except in cases requiring their criminal liability. Information about the organization, tactics, methods and means of implementing operational — investigative activities shall not be included in the subject of prosecutorial supervision.
Heads of prosecutorial agencies shall create conditions that ensure the protection of information contained in operational — official documents submitted to the prosecutor.
Article 22. Departmental Control
The heads of the bodies carrying out operational-search activities shall bear personal responsibility for compliance with the law in organizing and conducting operational-search activities.
Article 23. 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 the Law of the Russian Federation «On operational-search activities in the Russian Federation» (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 17, Art. 892; No. 33, Art. 1912).
To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts into line with this Federal Law.
President of the Russian Federation B. YELTSIN
Moscow, the Kremlin.
August 12, 1995.
N 144-FZ