FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2010 No. 404-FZ

About modification of separate legal acts of the Russian Federation in connection with enhancement of activities of bodies of pretrial investigation

List of amending documents

Accepted by the State Duma on December 22, 2010

Approved by the Federation Council on December 24, 2010

Article 1

Bring in the Federal Law "About Prosecutor's Office of the Russian Federation" (in edition of the Federal Law of November 17, 1995 N 168-FZ) (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 8, Art. 366; Russian Federation Code, 1995, N 47, Art. 4472; 1999, N 7, Art. 878; 2000, N 2, Art. 140; 2002, N 26, Art. 2523; N 40, of Art. 3853; 2004, N 35, Art. 3607; 2005, N 29, Art. 2906; 2007, N 10, Art. 1151; N 24, of Art. 2830; N 31, of Art. 4011; 2009, N 29, Art. 3608; N 48, of the Art. 5753) following changes:

1) the second offer of part one of Article 3 to exclude;

2) in Article 4:

a) state Item 3 in the following edition:

"3. Prosecutors cannot be members of the elected and other bodies formed by public authorities and local government bodies.";

b) in item 4 of the word "and investigators" to exclude;

3) in Article 5:

a) in Item 1 of the word "or investigator" to exclude;

b) in Item 2 of the word "and the investigator shall not" "shall not" shall be replaced with words, shall be replaced with words the words "being in them" "being in it";

c) the second offer of Item 3 to exclude;

4) in Article 6:

a) in Item 2 of the word "and investigator" to exclude;

b) state Item 3 in the following edition:

"3. Non-execution of the requirements of the prosecutor following from its powers and also evasion from appearance on its challenge involves the responsibility established by the law.";

5) in Article 11:

a) in Item 2 of the word "except for bodies of the Investigative Committee under prosecutor's office of the Russian Federation" to exclude;

b) declare item 4 invalid;

6) in Item 2 of Article 17 of the word", except for the state and structure of system of the Investigative Committee under prosecutor's office of the Russian Federation" to exclude;

7) Article 20.1 to recognize invalid;

8) in Article 40:

a) state Item 1 in the following edition:

"1. The service in bodies and organizations of prosecutor's office is the Federal State Service.

Public prosecutor's workers are federal government employees, the acting as on position of the Federal State Service taking into account requirements of this Federal Law. The legal status and conditions of service of public prosecutor's workers are determined by this Federal Law.";

b) state Item 3 in the following edition:

"3. The procedure for service by military prosecutors is regulated by this Federal Law, the Federal Law "About Conscription and Military Service" and the Federal Law "About the Status of the Military Personnel".";

9) in Article 40.1:

a) in the name of the word "and investigators" to exclude;

b) in Item 1:

in paragraph one of the word "and investigators" to exclude;

in the paragraph the second words", and also investigators of investigative departments of the Investigative Committee under prosecutor's office of the Russian Federation on areas, the cities and the specialized investigative departments of the Investigative Committee equated to them under prosecutor's office of the Russian Federation" to exclude;

10) in Article 40.4:

a) in the name to exclude the word of "(investigator)";

b) in Item 1:

the paragraph one to state in the following edition:

"1. Person for the first time appointed to the prosecutor's position takes the Oath of the prosecutor of the following content:";

in paragraph four of the word "and pretrial investigation" to exclude;

c) in Item 2 to exclude the word of "(investigator)";

To exclude 11) in Item 3 of Article 40.5 of the word "and investigators";

12) in Article 41:

a) state Item 3 in the following edition:

"3. The procedure and terms of carrying out certification of public prosecutor's workers are established by the Prosecutor General of the Russian Federation.";

b) in item 4 of the word", and officers of military investigation departments and departments of the Investigative Committee under prosecutor's office of the Russian Federation - according to the procedure, determined by the Chairman of the Investigative Committee under prosecutor's office of the Russian Federation, taking into account features of passing of military service" to exclude;

c) in Item 5 of the word "and to investigators" to exclude;

13) in Article 41.1:

a) the second offer of part one to exclude;

b) in part three of the word "and investigators" and the word "and to investigators" to exclude;

14) in Item 3 of Article 41.2 of the word", and employees of the Investigative Committee under prosecutor's office of the Russian Federation - The chairman of the Investigative Committee under prosecutor's office of the Russian Federation" to exclude;

15) in Article 41.4:

a) in Item 1:

in paragraph one of the word "and to investigators" to exclude;

in the paragraph the second to exclude the words "and to investigators";

in paragraph three of the word "or investigator" to exclude;

b) in Item 2 of the word "and investigators" to exclude;

16) in Article 41.7:

a) the paragraph one of Item 2 to state in the following edition:

"2. The Prosecutor General of the Russian Federation has the right to impose on public prosecutor's workers authority punishments in full.";

b) declare Item 2.1 invalid;

c) in Item 3 of the word", heads of investigation departments of the Investigative Committee under prosecutor's office of the Russian Federation on subjects of the Russian Federation and the specialized investigation departments of the Investigative Committee equated to them under prosecutor's office of the Russian Federation, including military investigation departments of the Investigative Committee under prosecutor's office of the Russian Federation," to exclude;

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