LAW OF THE RUSSIAN FEDERATION

of April 18, 1991 No. 1026-I

About militia

Section I General provisions

Article 1. Militia in the Russian Federation

Militia in the Russian Federation - system of the state bodies of the executive authority designed to protect life, health, the rights and freedoms of citizens, property, interests of society and state from criminal and other illegal encroachments and given the right of application of enforcement measures in the limits established by this Law and other Federal Laws.

The militia is a part of the system of the Ministry of Internal Affairs of the Russian Federation.

Article 2. Tasks of militia

Tasks of militia are:

safety of the personality;

prevention and control of offenses and administrative offenses;

identification and disclosure of crimes;

protection of public order and ensuring public safety;

protection private, state, municipal and other patterns of ownership;

assistance to physical persons and legal entities in protection of their rights and legitimate interests in the limits established by this Law.

Other tasks can be assigned to militia only by this Law.

Article 3. Principles of activities of militia

Activities of militia are based according to the principles of respect of rights and freedoms of man and citizen, legality, humanity, publicity.

The militia solves the problems facing it in interaction with other state bodies, local government bodies, public associations, labor collectives and citizens, and also municipal authorities of protection of public order which activities are regulated by the Federal Law, the laws and other regulatory legal acts of subjects of the Russian Federation and regulatory legal acts of local government bodies.

Article 4. Legal basis of activities of militia

The militia in the activities is guided by the Constitution of the Russian Federation, this Law, the Federal Laws and other regulatory legal acts of the Russian Federation, international treaties of the Russian Federation, constitutions, charters, the laws and other regulatory legal acts of subjects of the Russian Federation published within their powers.

In the activities the militia is guided also by the laws and other legal acts of USSR existing in the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

Article 5. Activities of militia and right of citizens

The militia protects rights and freedoms of man and citizen irrespective of floor, races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also other circumstances.

The militia is forbidden to resort to tortures, violence, another to the cruel or degrading human dignity address.

Any restriction of citizens in their rights and freedoms by militia is admissible only on the bases and according to the procedure, directly provided by the law.

The police officer in all cases of restriction of the rights and freedoms of the citizen shall explain it the basis and occasion of such restriction, and also arising with respect thereto its rights and obligation.

The militia gives opportunity to the detained persons to exercise the right to legal aid established by the law; reports at their request (and in case of detention of minors - without fail) about detention to their relatives, administration on place of employment or studies; if necessary takes measures to rendering first aid to them, and also to elimination of danger of someone's life, health or property which resulted from detention of specified persons.

The militia has no right to collect, to store, use and distribute information on private life of person without its consent, except as specified, provided by the Federal Law.

The militia shall provide to person access to documents and materials in which its rights and freedoms are directly affected if other is not provided by the Federal Law.

Article 6. Attraction to accomplishment of tasks of militia of other staff of law-enforcement bodies

Face of the private and the commanding structure of law-enforcement bodies, not being police officers, and also trainees during probation period can be involved in accomplishment of tasks of militia since the moment and according to the procedure, determined by the Minister of Internal Affairs of the Russian Federation. In this case obligations and the rights, guarantees of legal and social security, and also the responsibility provided for police officers extend to them.

The Section II Organization of Militia in the Russian Federation

Article 7. System of militia and its subordination

The militia in the Russian Federation is subdivided into criminal militia and militia of public safety.

In the activities the militia submits to the Ministry of Internal Affairs of the Russian Federation, and militia of public safety - to also relevant organs of the executive authority of subjects of the Russian Federation.

The Minister of Internal Affairs of the Russian Federation performs management of all militia in the Russian Federation.

Management of militia in subjects of the Russian Federation is performed by Ministers of Internal Affairs, chiefs of managements (head departments) of internal affairs on subjects of the Russian Federation which are appointed to position and are dismissed by the President of the Russian Federation.

Appointment to other positions in system of the Ministry of Internal Affairs of the Russian Federation which substitution is provided by faces of the highest commanding structure of law-enforcement bodies and release from these positions are performed by the President of the Russian Federation.

The management of militia in areas, the cities and other municipalities, including in several municipalities, is performed by chiefs of departments (managements) of internal affairs of areas, the cities and other municipalities, including on several municipalities.

The management of militia on rail, water and air transport, in the closed administrative-territorial educations, on especially important and sensitive sites is performed by chiefs of relevant organs of internal affairs.

The Minister of Internal Affairs of the Russian Federation approves regulations on the Ministries of Internal Affairs, managements (head departments) of internal affairs on subjects of the Russian Federation, and also determines approval procedure of regulations on other law-enforcement bodies.

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