ORDER OF FEDERAL SECURITY SERVICE OF THE RUSSIAN FEDERATION

of February 3, 2009 No. 39

About approval of Administrative regulations of Federal Security Service of the Russian Federation on execution of the state function on ensuring the state protection of the victims, witnesses, other participants of criminal trial and their relatives

1. Approve the enclosed Administrative regulations of Federal Security Service of the Russian Federation on execution of the state function on ensuring the state protection of the victims, witnesses, other participants of criminal trial and their relatives.

2. To impose control of execution of this order on the chief 9 Departments of FSB of Russia.

Appendix

to the order of Federal Security Service of the Russian Federation of February 3, 2009 No. 39

Administrative regulations of Federal Security Service of the Russian Federation on execution of the state function on ensuring the state protection of the victims, witnesses, other participants of criminal trial and their relatives

I. General provisions

1. Administrative regulations of Federal Security Service of the Russian Federation on execution of the state function on ensuring the state protection of the victims, witnesses, other participants of criminal trial and their relatives * (1) it is developed for the purpose of determination of terms and the sequence of actions (ministerial procedures) of bodies of the Federal Security Service for ensuring the state protection of the victims, witnesses, other participants of criminal trial and their relatives.

2. Execution of the state function on ensuring the state protection of the victims, witnesses, other participants of criminal trial * (2) it is performed according to:

Constitution of the Russian Federation;

Criminal Code of the Russian Federation * (3);

Code of penal procedure of the Russian Federation * (4);

The Federal Law of August 20, 2004 N 119-FZ "About the state protection of the victims, witnesses and other participants of criminal trial" * (5);

The Federal Law of July 15, 1995 N 103-FZ "About detention of suspects and the crimes accused of making" * (6);

The Federal Law of August 12, 1995 N 144-FZ "About operational search activities" * (7);

the order of the Government of the Russian Federation of October 27, 2006 N 630 "About approval of Rules of application of separate security measures concerning the victims, witnesses and other participants of criminal trial" * (8);

the order of the Government of the Russian Federation of November 11, 2006 N 664 "About approval of Rules of payment of lump-sum allowances by the victim, to witnesses and other participants of criminal trial on whom the decision on implementation of the state protection" * is in accordance with the established procedure made (9);

the order of the Government of the Russian Federation of March 3, 2007 N 134 "About approval of Rules of protection of data on implementation of the state protection of the victims, witnesses and other participants of criminal trial" * (10);

the order of FSB of Russia of January 22, 2007 N 21 "About approval of the Instruction about the organization of consideration of addresses of citizens of the Russian Federation in bodies of the Federal Security Service" * (11) (with the changes made by the order of FSB of Russia of April 4, 2008 N 149*(12));

other regulatory legal acts.

3. The state function is performed by 9 Department of FSB of Russia, territorial authorities of safety, security service in troops and boundary bodies * (13).

4. Users of the state function are * (14):

victims;

witnesses;

private prosecutors;

suspects, persons accused, defendants, their defenders and legal representatives, convicts, justified, and also persons concerning whom criminal case or criminal prosecution was stopped;

experts, specialists, translators, witnesses, and also teachers and psychologists participating in criminal trial;

civil claimants, civil defendants;

legal representatives, representatives of the victims, civil claimants, civil defendants and private prosecutors;

applicants, eyewitnesses, the victims of crimes, other persons promoting the prevention or disclosure of crime;

the close relatives established by the Code of penal procedure of the Russian Federation, relatives and close persons, illegal infringement of whom appears for the purpose of impact on persons specified in this Item.

5. Protected persons persons specified in item 4 of Administrative regulations concerning whom the court (judge), by the chief of body of inquiry or the investigator issues the decree (determination) on application of security measures are recognized.

6. Protected persons have the right * (15):

know the rights and obligations;

require ensuring personal and property security, and also personal and property security of persons specified in paragraph ten of item 4 of Administrative regulations;

require application of measures of social support in the cases provided by the Law;

know about application concerning itself, and also the close relatives, relatives and close persons of security measures and about nature of these measures;

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