RUSSIAN FEDERATION
THE FEDERAL LAW
ON THE PROSECUTOR’S OFFICE
OF THE RUSSIAN FEDERATION

List of Amending Documents

(as amended by the Federal Laws dated 17.11.1995No. 168-FZ,

dated 10.02.1999 No. 31-FZ, dated 19.11.1999 No. 202-FZ, dated 02.01.2000 No. 19-FZ, 

dated 29.12.2001 No. 182-FZ, dated 28.06.2002 No. 77-FZ, dated 25.07.2002 No. 112-FZ, 

dated 05.10.2002 No. 120-FZ, dated 30.06.2003 No. 86-FZ, dated 22.08.2004 No. 122-FZ, 

dated 15.07.2005 No. 85-FZ, dated 04.11.2005 No. 138-FZ, dated 02.03.2007 No. 24-FZ, 

dated 05.06.2007 No. 87-FZ, dated 24.07.2007 No. 214-FZ, dated 25.12.2008 No. 280-FZ, 

dated 17.07.2009 No. 171-FZ, dated 28.11.2009 No. 303-FZ, dated 01.07.2010 No. 132-FZ, 

dated 28.12.2010 No. 404-FZ, dated 07.02.2011 No. 4-FZ, dated 06.11.2011 No. 297-FZ,

dated 08.11.2011 No. 309-FZ, dated 21.11.2011 No. 329-FZ, dated 03.12.2012 No. 231-FZ, 

dated 30.12.2012 No. 284-FZ, dated 07.05.2013 No. 99-FZ, dated 07.05.2013 No. 102-FZ, 

dated 02.07.2013 No. 156-FZ, dated 02.07.2013 No. 185-FZ, dated 23.07.2013 No. 205-FZ,

dated 25.11.2013 No. 317-FZ, dated 03.02.2014 No. 7-FZ, dated 02.04.2014 No. 68-FZ,

dated 04.06.2014 No. 145-FZ (as amended on 19.12.2016), dated 21.07.2014 No. 233-FZ, 

dated 22.12.2014 No. 427-FZ, dated 08.03.2015 No. 23-FZ, dated 13.07.2015 No. 269-FZ, 

dated 05.10.2015 No. 285-FZ, dated 28.11.2015 No. 354-FZ, dated 03.07.2016 No. 305-FZ, 

dated 19.12.2016 No. 434-FZ, dated 28.12.2016 No. 505-FZ, dated 07.03.2017 No. 27-FZ, 

dated 01.07.2017 No. 132-FZ, dated 29.07.2017 No. 238-FZ, dated 29.07.2017 No. 246-FZ, 

dated 20.12.2017 No. 406-FZ, dated 31.12.2017 No. 492-FZ, dated 18.04.2018 No. 84-FZ, 

dated 03.08.2018 No. 307-FZ, dated 03.08.2018 No. 337-FZ, dated 11.10.2018 No. 363-FZ, 

dated 30.10.2018 No. 374-FZ, dated 27.12.2018 No. 506-FZ, dated 27.12.2018 No. 536-FZ, 

dated 26.07.2019 No. 205-FZ, dated 01.10.2019 No. 328-FZ, dated 16.12.2019 No. 432-FZ, 

dated 27.12.2019 No. 487-FZ, dated 27.12.2019 No. 516-FZ, dated 06.02.2020 No. 15-FZ, 

dated 31.07.2020 No. 268-FZ, dated 31.07.2020 No. 288-FZ, dated 27.10.2020 No. 353-FZ, 

dated 09.11.2020 No. 367-FZ,

as amended by Resolutions of the Constitutional Court of the Russian Federation 

dated 18.02.2000 No. 3-П, dated 11.04.2000 No. 6-П,

The Federal Laws dated 27.12.2000 No. 150-FZ, dated 30.12.2001 No. 194-FZ, 

Resolutions of the Constitutional Court of the Russian Federation dated 17.07.2002 No. 13-П,

dated 18.07.2003 No. 13-П, dated 17.02.2015 No. 2-П)

Section I. GENERAL PROVISIONS

Article 1. Prosecutor’s Office of the Russian Federation

1. The Prosecutor's Office of the Russian Federation shall be a single federal centralized system of bodies exercising supervision over compliance with the Constitution of the Russian Federation and execution of laws, supervision over compliance with human and civil rights and freedoms, criminal prosecution in accordance with their powers, as well as performing other functions.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

The paragraph became null and void. - The Federal Law dated 09.11.2020 No. 367-FZ.

2. For the purpose of ensuring supremacy of the law, unity and consolidation of the rule of law, protection of human and civil rights and freedoms and of the lawful interests of society and the state, the Prosecutor’s Office of the Russian Federation shall carry out the following:

supervision over the execution of laws by federal executive bodies, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, subjects of public control over ensuring human rights in detention facilities and assistance to persons held at detention facilities, management bodies and heads of commercial and non-commercial organisations, as well as over compliance with the laws of the legal instruments issued by them;

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 01.07.2010 No. 132-FZ, dated 22.12.2014 No. 427-FZ)

supervision over the observance of human and civil rights and freedoms by federal executive bodies, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self- government bodies, military administration bodies, control bodies, their officials, subjects of public control over ensuring human rights in detention facilities and assistance to persons held at detention facilities, as well as by management bodies and heads of commercial and non- commercial organisations;

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 01.07.2010 No. 132-FZ, dated 22.12.2014 No. 427-FZ)

supervision over the execution of laws by bodies carrying out operative-and-search activities, inquiries and preliminary investigations;

supervision over the execution of laws by bailiffs;

(the paragraph was introduced by the Federal Law dated 10.02.1999 No. 31-FZ)

supervision over the execution of laws by the administrations of penal bodies, correction and coercive institutions and by the administrations of detention and penitentiary facilities;

criminal prosecution in accordance with the powers prescribed by the criminal procedural legislation of the Russian Federation;

coordination of the crime-control activities of law enforcement agencies;

initiation of administrative offence cases and conduct of an administrative investigation in accordance with the powers established by the Code of Administrative Offences of the Russian Federation and other federal laws.

(the paragraph was introduced by The Federal Law dated 21.11.2011 No. 329-FZ)

3. In accordance with the procedural legislation of the Russian Federation, prosecutors shall participate in the hearing of cases by courts of law and commercial courts (hereinafter referred to as the courts) and shall challenge any court decisions, sentences and rulings which are contrary to the law.

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

4. The Prosecutor’s Office of the Russian Federation shall participate in law-making activities.

5. The Office of the Prosecutor General of the Russian Federation shall produce special publications.

Article 2. International Cooperation

Within the scope of its powers, the Office of the Prosecutor General of the Russian Federation shall communicate directly with the appropriate bodies of other states and with international organisations, shall cooperate with them, conclude agreements on matters relating to legal assistance and crime control and participate in the drafting of international treaties of the Russian Federation. 

Article 3. Legal Basis for the Activities of the Prosecutor’s Office of the Russian Federation

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ) 

The powers and functions of the Prosecutor's Office of the Russian Federation, its organisation and procedure governing its activities shall be determined by the Constitution of the Russian Federation, this Federal Law and other federal laws.

The activities of the Prosecutor's Office of the Russian Federation shall be also carried out in accordance with international treaties of the Russian Federation. Resolutions adopted by interstate bodies on the basis of the provisions of international treaties of the Russian Federation in their interpretation, contrary to the Constitution of the Russian Federation, shall not be subject to execution in the Russian Federation.

Article 4. Principles governing the organisation and operation of the Prosecutor’s Office of the Russian Federation

1. The Prosecutor’s Office of the Russian Federation shall be a single federal centralised system of bodies (hereinafter referred to as the “prosecution bodies”) and institutions and shall operate on the principle of lower-ranking prosecutors being subordinate to higher-ranking prosecutors and to the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

2. The prosecution bodies:

shall exercise their powers independently of the federal state bodies, the state bodies of the constituent entities of the Russian Federation, local self-government bodies and public associations and in strict accordance with the laws applicable within the territory of the Russian Federation;

shall operate openly to the extent that this does not conflict with the requirements of Russian Federation legislation on the protection of civil rights and freedoms, and Russian Federation legislation on state and other secrets specially protected by law;

shall report to the federal state bodies, the state bodies of the constituent entities of the Russian Federation, local self-government bodies and the public on the current state of the rule of law.

2.1. The prosecution bodies, in connection with their execution of prosecutor's supervision in accordance with this Federal Law, have the right to obtain, in the cases established by the legislation of the Russian Federation, access to the information necessary for them to execute prosecutor's supervision, access to which is limited in accordance with federal laws, including processing of personal data.

(clause 2.1 was introduced by the Federal Law dated 23.07.2013 No. 205-FZ)

3. Prosecutors may not be members of any elective or other bodies set up by state and local self-government bodies.

(clause 3 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

4. Prosecution officers may not be members of any public associations pursuing political aims and shall not participate in their activities. The creation and operation of public associations pursuing political aims, and organisations thereof, shall not be permitted in the prosecution bodies and organisations. In the performance of their official duties, prosecutors shall not be bound by the decisions of public associations.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 21.07.2014 No. 233-FZ)

5. Prosecution officers may not combine their primary occupation with any other paid or unpaid activity, except for pedagogical, scientific and other creative activities. At the same time, pedagogical, scientific and other creative activities shall not be financed exclusively at the expense of foreign states, international and foreign organisations, foreign citizens and stateless persons, unless otherwise provided by the international treaty of the Russian Federation or the legislation of the Russian Federation. Prosecution officers are not entitled to be a member of management bodies, guardianship or supervisory boards, other bodies of foreign non-profit non- governmental organisations and their structural divisions operating in the territory of the Russian Federation, unless otherwise provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.

(as amended by the Federal Laws dated 02.03.2007 No. 24-FZ, dated 02.07.2013 No. 185-FZ)

Article 5. Impermissibility of Interference in the Exercise of Prosecutor's Supervision

1. Any influence whatsoever exercised by federal state bodies, state bodies of the constituent entities of the Russian Federation, local self-government bodies, public associations, the media, their representatives and officials on a prosecutor with a view to influencing their decisions or any hindering of their activities shall give rise to the liability provided for by law. (as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

2. A prosecutor shall not be required to provide any explanations concerning the substance of the cases and documents in his/her files, or to make them available for inspection other than in the cases and manner provided for by clause 4 of this article.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 02.07.2013 No. 156-FZ)

3. No one may, without the permission of a prosecutor, disclose any materials of inspections being carried out by the prosecution bodies prior to their completion.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

4. Familiarization of a citizen with inspection materials is carried out by the decision of a prosecutor in whose proceedings the relevant materials are or a higher-ranking prosecutor adopted based on the results of consideration of the citizen's appeal, if the materials directly affect his/her rights and freedoms.

Documents in the inspection materials containing information constituting a state or other secret protected by law shall not be provided to a citizen for familiarization.

A decision to familiarize a citizen with the inspection materials or a reasoned decision to refuse to familiarize with the inspection materials shall be made within ten days from the date of filing the citizen's appeal. If a decision to refuse to familiarize with the inspection materials is made, a citizen is explained his/her right to appeal such decision to a higher-ranking prosecutor and (or) in court.

(clause 4 was introduced by the Federal Law dated 02.07.2013 No. 156-FZ)

Article 6. Binding Nature of Prosecutor’s Requests

1. Any requests made by a prosecutor pursuant to his/her powers, as specified in Articles 9.1, 22, 27, 30 and 33 of this Federal Law, shall be subject to unconditional execution within the prescribed time.

(as amended by the Federal Law dated 17.07.2009 No. 171-FZ)

2. Statistical and other information, documents (including electronic documents signed with an electronic signature in accordance with the legislation of the Russian Federation), certificates and other materials or their copies required in the implementation of the functions assigned to the prosecution bodies are submitted at the request of a prosecutor free of charge within five business days upon receipt of the prosecutor's request to the head or other authorized representative of the body (organisation), and during inspections of the implementation of laws - within two business days from the moment the prosecutor's request is presented. Longer terms may be set in the prosecutor's request.

If within the period established in accordance with the first sentence of the first paragraph of this clause for the submission of the requested statistical and other information, documents and materials or their copies the inspected body (organisation) notifies a prosecutor in writing, stating objective reasons that it is impossible to submit the specified information, documents, materials or their copies within the prescribed period, a prosecutor shall decide to establish a new period for their submission.

(clause 2 was amended by the Federal Law dated 07.03.2017 No. 27-FZ)

2.1. If there is a threat of harm to the life or health of citizens, property of individuals or legal entities, state or municipal property, environment, state security, in the presence of natural and man-made emergencies, the necessary information, documents and materials or their copies shall be submitted within 24 hours upon receipt of the prosecutor's request.

(clause 2.1 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

2.2. The terms for submission of information, documents and materials or their copies, specified in clauses 2 and 2.1 of this article, do not apply to cases of execution of the prosecutor's requests arising from his/her powers provided for in Articles 30 and 33 of this Federal Law. (clause 2.2 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

2.3. A prosecutor shall not be entitled to request from the body (organisation):

information, documents and materials or their copies within the framework of the inspection, not conditioned by the purposes of the specified inspection and (or) not related to the subject of the specified inspection;

information, documents and materials or their copies that were transferred to the prosecution bodies in connection with an earlier inspection, or that were officially published in the media or posted on the official website of the body (the official website of the organisation, the creation of which is provided for by its constituent documents) (hereinafter referred to as the "official website of the body (organisation) in the information and telecommunication network Internet", except for the cases established by this Federal Law.

(clause 2.3 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

2.4. In the cases provided for in the third paragraph of clause 2.3 of this article, the body (organisation) shall indicate, in response to the prosecutor's request, information about the inspection within which such information, documents and materials were transferred, and the relevance of such information, documents and materials at the time of the request or information about mass media or about the official website of the body (organisation) in the information and telecommunication network Internet, in which the relevant information, documents and materials that are relevant at the time of the request are published (posted).

(clause 2.4 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

2.5. The inspected body (organisation) is obliged to submit the information, documents and materials or their copies specified in the third paragraph of clause 2.3 of this article upon receipt of the prosecutor's request related to:

the need to conduct a study, test, special examination to obtain additional information that may affect the conclusions of the inspection;

the presence of a threat of harm to the life or health of citizens, property of individuals or legal entities, state or municipal property, environment, state security, in the presence of natural and man-made emergencies.

(clause 2.5 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

3. Any failure to execute the prosecutor's requests pursuant to his/her powers, and any failure to appear when summoned by him/her, shall give rise to the liability provided for by law. (clause 3 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

1. The Prosecutor General of the Russian Federation, his/her deputies and other prosecutors appointed by them shall be entitled to attend sessions of the chambers of the the Federal Assembly of the Russian Federation, their committees and commissions, the Government of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation and local self-government bodies.

2. A prosecutor of the constituent entity of the Russian Federation, city, district and prosecutors of equivalent status, their deputies and other prosecutors appointed by them shall be entitled to attend sessions of representative (legislative) and executive bodies of the constituent entities of the Russian Federation and local self-government bodies of a corresponding or lower level.

3. A prosecutor, his/her deputies and other prosecutors appointed by them shall be entitled to participate in the examination of any recommendations and protests filed to them by federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, commercial and non-commercial organisations.

Article 8. Coordination of Crime-Control Activities

1. The Prosecutor General of the Russian Federation and the prosecutors subordinate to him/her shall coordinate the crime-control activities of the internal affairs agencies, the Federal security service agencies, customs service agencies and other law enforcement agencies.

(as amended by the Federal Laws dated 30.06.2003 No. 86-FZ, dated 03.07.2016 No. 305-FZ)

2. For the purpose of ensuring coordination of the activities referred to in clause 1 of this article, a prosecutor shall call coordination meetings, organise working groups, request statistical and other relevant information and shall exercise any other powers in accordance with the Regulations on Coordination of Crime-Control Activities approved by the President of the Russian Federation.

Article 9. Participation in Law-Making Activities

Where it is established in the course of exercising his/her powers that there is a need to improve the applicable regulatory legal instruments, a prosecutor may apply to the legislative bodies and bodies with the right to initiate legislation, of a corresponding or lower level, with proposals to amend, supplement, repeal or adopt laws or other regulatory legal instruments.

Article 9.1. Anti-Corruption Examination of Regulatory Legal Instruments

(introduced by the Federal Law dated 17.07.2009 No. 171-FZ)

1. In the course of exercising his/her powers in accordance with the procedure established by the Prosecutor General's Office of the Russian Federation and in accordance with the methodology determined by the Government of the Russian Federation, a prosecutor shall conduct an anti-corruption examination of regulatory legal instruments of federal executive bodies, state bodies of the constituent entities of the Russian Federation, other state bodies and organisations, local self-government bodies, and their officials.

2. If corruption-generating factors are identified in a regulatory legal instrument, a prosecutor shall submit to the body, organisation or official that issued this instrument a request to amend the regulatory legal instrument with a proposal for a way to eliminate the identified corruption-generating factors, or apply to the court in the manner prescribed by the procedural legislation of the Russian Federation.

A request to amend a regulatory legal instrument may be withdrawn by a prosecutor before it is considered by the relevant body, organisation or official.

3. The prosecutor's request to amend a regulatory legal instrument shall be subject to mandatory consideration by the relevant body, organisation or official not later than ten days upon receipt of the request. The prosecutor's request to amend a regulatory legal instrument, sent to the legislative (representative) state body of the constituent entity of the Russian Federation or to the representative local self-government body, is subject to mandatory consideration at the next session of the relevant body.

The results of consideration of the request to amend a statutory legal instrument shall be immediately reported to the prosecutor who submitted such request.

The prosecutor's request to amend a statutory legal instrument may be appealed in the prescribed manner.

Article 10. Examination and Settlement by Prosecution Bodies of Petitions, Complaints and Other Applications

1. Prosecution bodies shall settle petitions, complaints and other applications containing information on violations of the laws in accordance with their powers. Any decision taken by the prosecutor shall not prevent an individual from applying to a court for protection of his/her rights. Decisions on an appeal against a court sentence, decision or ruling may be appealed only by applying to a higher-ranking prosecutor.

2. Any petitions, complaints and other applications received by the prosecution bodies shall be examined in the manner and within the terms prescribed by the federal legislation.

3. Any reply to a petition, complaint or other application shall state the reasons on which it is based. In the event of refusal to satisfy a petition or complaint, the procedure for appealing the decision, and the right to apply to the courts, where provided for by law, shall be explained to the applicant.

4. The prosecutor shall take steps in accordance with the statutory procedure to institute proceedings against persons who have committed offences.

5. It shall be prohibited to refer a complaint to the body or official whose decisions or actions are being appealed.

Section II. SYSTEM AND ORGANISATIONAL STRUCTURE OF THE OFFICE OF THE PROSECUTOR

OF THE RUSSIAN FEDERATION

Article 11. System of the Office of the Prosecutor of the Russian Federation

1. The system of the Office of the Prosecutor of the Russian Federation shall consist of the Office of the Prosecutor General of the Russian Federation, the prosecutor’s offices of the constituent entities of the Russian Federation, the military and other specialised prosecutor’s offices of equivalent status, scientific and educational institutions, the editorial offices of printing media which are legal entities, as well as city and district prosecutor’s offices, other territorial, military and other specialised prosecutor’s offices.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 21.07.2014 No. 233-FZ)

The Office of the Prosecutor General of the Russian Federation shall exercise the powers and functions of the founder in relation to its subordinated organisations, including sanatorium and resort and health organisations.

(as amended by the Federal Law dated 31.12.2017 No. 492-FZ)

1.1. Land plots used by the prosecution bodies and organisations, as well as buildings, non- residential and residential premises, structures, equipment and other property of the prosecution bodies and organisations created (being created) or acquired (being acquired) at the expense of budget allocations from the federal budget and other sources, are federal property.

The property assigned to the prosecution bodies and organisations, including the property included in the housing stock of the Russian Federation, is under operational management, and the land plots are in permanent (unlimited) use.

The Office of the Prosecutor General of the Russian Federation is the authorized federal state body in the field of federal property management assigned to the prosecution bodies and organisations, as well as acts on behalf of the Russian Federation upon the state registration of the ownership of the Russian Federation to federal property facilities assigned to the prosecution bodies and organisations.

The Office of the Prosecutor General of the Russian Federation controls and disposes of the housing stock of the Russian Federation assigned to the prosecution bodies and organisations in accordance with its purpose. The procedure for making decisions to include residential premises belonging to the prosecution bodies and organisations on the basis of the right of operational management into the specialised housing stock and to exclude therefrom it is determined by the Prosecutor General of the Russian Federation in accordance with the legislation of the Russian Federation.

(clause 1.1 was introduced by the Federal Law dated 31.12.2017 No. 492-FZ)

2. The formation, reorganisation and liquidation of prosecution bodies and organisations and the definition of their status and powers shall be performed by the Prosecutor General of the Russian Federation.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 05.06.2007 No. 87-FZ, dated 28.12.2010 No. 404-FZ, dated 21.07.2014 No. 233-FZ)

3. The creation and operation of prosecution bodies which do not form part of the unified system of the office of the prosecutor of the Russian Federation shall not be permitted on the territory of the Russian Federation.

4. Found null and void from January 15, 2011. - The Federal Law dated 28.12.2010 No. 404-FZ.

Article 12. Appointment to the Position of Prosecutor General of the Russian Federation

(as amended by The Federal Law dated 09.11.2020 No. 367-FZ)

1. The Prosecutor General of the Russian Federation shall be appointed to the position by the President of the Russian Federation after consultations with the Federation Council of the The Federal Assembly of the Russian Federation.

(clause 1 was amended by The Federal Law dated 09.11.2020 No. 367-FZ)

1.1. A citizen of the Russian Federation for at least 35 years who meets the requirements set by the first paragraph of clause 1and clause 2 of Article 40.1 of this The Federal Law is appointed to the position of the Prosecutor General of the Russian Federation.

(clause 1.1 was introduced by The Federal Law dated 22.12.2014 No. 427-FZ)

1.2. The President of the Russian Federation shall send to the Federation Council of the The Federal Assembly of the Russian Federation the proposal on the candidacy to the position of Prosecutor General of the Russian Federation and other materials characterizing the proposed candidacy.

(clause 1.2 was introduced by The Federal Law dated 09.11.2020 No. 367-FZ)

1.3. No later than one week upon receipt of the proposal on the candidacy to the position of Prosecutor General of the Russian Federation and other materials characterizing the proposed candidacy, the Federation Council of the The Federal Assembly of the Russian Federation shall inform the President of the Russian Federation in writing about the results of consideration of the proposed candidacy to the position of the Prosecutor General of the Russian Federation.

(clause 1.3 was introduced by The Federal Law dated 09.11.2020 No. 367-FZ)

2. Found null and void. - The Federal Law dated 09.11.2020 No. 367-FZ.

3. The Chairman of the Federation Council of the Federal Assembly of the Russian Federation, in accordance with the procedure laid down by the Federation Council, shall swear in the person appointed to the position of the Prosecutor General of the Russian Federation.

The Prosecutor General of the Russian Federation shall swear the following oath:

“In performing the duties of the Prosecutor General of the Russian Federation, I swear to abide by the Constitution of the Russian Federation and the laws of the Russian Federation, to protect human and civil rights and freedoms and the lawful interests of society and the state.” (clause 3 was introduced by the Federal Law dated 19.11.1999 No. 202-FZ)

4. In the absence of the Prosecutor General of the Russian Federation or in the event that he/she should be unable to perform his/her duties, the said duties shall be performed by his/her first deputy, and if the Prosecutor General of the Russian Federation and his/her first deputy are both absent or unable to perform their duties, by one of the deputies to the Prosecutor General of the Russian Federation in accordance with the established division of duties among his/her deputies.

(as amended by the Federal Law dated 19.11.1999 No. 202-FZ)

5. The term of office of the Prosecutor General of the Russian Federation shall be five years.

(as amended by the Federal Law dated 19.11.1999 No. 202-FZ)

5.1. One and the same person may be appointed to the position of the Prosecutor General of the Russian Federation more than once. The Prosecutor General of the Russian Federation is not subject to the age limit for serving under this Federal Law.

(clause 5.1 was introduced by the Federal Law dated 13.07.2015 No. 269-FZ)

5.2. The Prosecutor General of the Russian Federation shall be dismissed from his position by the President of the Russian Federation.

(clause 5.2 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

6. A notice announcing the appointment or removal of the Prosecutor General of the Russian Federation shall be published in the press.

(as amended by the Federal Law dated 19.11.1999 No. 202-FZ)

7. The Prosecutor General of the Russian Federation shall present the chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation with an annual report on the current state of the rule of law and order in the Russian Federation and on the efforts made to strengthen them.

(as amended by the Federal Law dated 19.11.1999 No. 202-FZ)

The Prosecutor General of the Russian Federation shall personally submit the said report to the Federation Council of the Federal Assembly of the Russian Federation at the chamber session.

(the paragraph was introduced by the Federal Law dated 04.11.2005 No. 138-FZ)

Article 12.1. Appointment and Dismissal from Office of Deputies to the Prosecutor General of the Russian Federation

(introduced by the Federal Law dated 22.12.2014 No. 427-FZ)

1. The Prosecutor General of the Russian Federation submits to the President of the Russian Federation proposals on the appointment and dismissal of the deputies to the Prosecutor General of the Russian Federation.

2. Deputies to the Prosecutor General of the Russian Federation shall be appointed to office by the President of the Russian Federation after consultation with the Federation Council of the Federal Assembly of the Russian Federation.

(clause 2 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

3. A citizen of the Russian Federation for at least 35 years, who meets the requirements established by the first paragraph 1 of clause 1 and clause 2 of Article 40.1 of this Federal Law, and who has service (work) experience, as a rule, not less than 10 years in the prosecution bodies and organisations in positions for which the assignment of class ranks (military ranks) is provided, shall be appointed to the position of a deputy to the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

3.1. The President of the Russian Federation shall send to the Federation Council of the Federal Assembly of the Russian Federation a proposal on the candidacy to the position of a deputy to the Prosecutor General of the Russian Federation and other materials characterizing the proposed candidacy.

(clause 3.1 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

3.2. The committees of the Federation Council of the Federal Assembly of the Russian Federation, which in the prescribed manner are entrusted with holding consultations on the candidacy to the position of a deputy to the Prosecutor General of the Russian Federation proposed by the President of the Russian Federation, no later than one week upon receipt of the proposal on the candidacy to the position of a deputy to the Prosecutor General of the Russian Federation and other materials characterizing the proposed candidacy, shall inform the President of the Russian Federation in writing about the results of consideration of the proposed candidacy to the position of a deputy to the Prosecutor General of the Russian Federation.

(clause 3.2 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

3.3. Deputies to the Prosecutor General of the Russian Federation shall be dismissed by the President of the Russian Federation.

(clause 3.3 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

4. Found null and void. - The Federal Law dated 09.11.2020 No. 367-FZ.

6. Notices announcing the appointment or dismissal of deputies to the Prosecutor General of the Russian Federation shall be published in the press.

Article 13. Found null and void. - The Federal Law dated 22.12.2014 No. 427-FZ. 

Article 14. Office of the Prosecutor General of the Russian Federation

1. The Office of the Prosecutor General of the Russian Federation shall be headed by the Prosecutor General of the Russian Federation.

2. The Prosecutor General of the Russian Federation shall have a first deputy and other deputies.

(clause 2 was amended by the Federal Law dated 22.12.2014 No. 427-FZ)

3. Within the Office of the Prosecutor General of the Russian Federation, a board shall be formed which consists of the Prosecutor General of the Russian Federation (chairman), his/her first deputy and deputies (according to their position) and other prosecution officers nominated by the Prosecutor General of the Russian Federation.

4. The structure of the Office of the Prosecutor General of the Russian Federation shall be made up of main directorates, directorates and divisions (operating as directorates or making up directorates). The heads of main directorates, directorates and divisions operating as directorates shall serve as senior assistants, and their deputies and the heads of divisions making up directorates shall serve as assistants to the Prosecutor General of the Russian Federation.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 09.11.2020 No. 367-FZ)

The positions of senior prosecutors and prosecutors are established in the main directorates, directorates and divisions.

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

The paragraph was excluded. - The Federal Law dated 10.02.1999 No. 31-FZ.

5. The Prosecutor General of the Russian Federation shall have counsellors, senior assistants and senior assistants on special assignments, whose status shall be equivalent to that of heads of directorates; assistants and assistants for special assignments, whose status shall be equivalent to that of deputy heads of directorates. The first deputy and deputies to the Prosecutor General of the Russian Federation shall have assistants for special assignments, whose status shall be equivalent to that of deputy heads of directorates.

(clause 5 was introduced by the Federal Law dated 10.02.1999 No. 31-FZ)

6. Within the Office of the Prosecutor General of the Russian Federation, the Main Military Prosecutor’s Office headed by the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor, shall be set up as a structural subdivision.

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

7. Within the Office of the Prosecutor General of the Russian Federation, there shall be a scientific advisory board for reviewing matters relating to the organisation and operation of prosecution bodies. The statute of the scientific advisory board shall be approved by the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

Article 15. Prosecutor’s Offices of the Constituent Entities of the Russian Federation and Prosecutor’s Offices of Equivalent Status

1. Prosecutor’s offices of the constituent entities of the Russian Federation, military and other specialised prosecutor’s offices of equivalent status shall be headed respectively by prosecutors of the constituent entities of the Russian Federation, military and other specialised prosecutors.

(clause 1 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

1.1. Military and other specialised prosecutors are equated to prosecutors of the constituent entities of the Russian Federation, provided that they fill positions for which the assignment of military ranks of higher officers or higher class ranks of prosecutors is provided.

(clause 1.1 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

1.2. Prosecutors of the constituent entities of the Russian Federation, military and other specialised prosecutors of equivalent status of the Russian Federation (hereinafter referred to as the prosecutors of the constituent entities of the Russian Federation, and prosecutors of equivalent status) shall have first deputies and deputies.

(clause 1.2 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

2. Within the prosecutor’s offices of the constituent entities of the Russian Federation, military and other specialised prosecutor’s offices of equivalent status, boards shall be formed which shall consist of the prosecutor of the constituent entity of the Russian Federation (chairman), his/her first deputy and deputies (according to their position) and other prosecution officers nominated by the prosecutor of the constituent entity of the Russian Federation.

3. Within the prosecutor’s offices of the constituent entities of the Russian Federation, military and other specialised prosecutor’s offices of equivalent status, directorates and divisions (divisions operating as directorates or divisions making up directorates) shall be created. The heads of directorates and divisions operating as directorates shall serve as senior assistants, and their deputies and heads of divisions making up directorates shall serve as assistants of prosecutors of the constituent entities of the Russian Federation.

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 05.06.2007 No. 87-FZ)

Article 15.1 Appointment and Dismissal of Prosecutors of the Constituent Entities of the Russian Federation, Prosecutors of Equivalent Status and Other Prosecutors

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ) (introduced by the Federal Law dated 22.12.2014 No. 427-FZ)

1. The Prosecutor General of the Russian Federation submits to the President of the Russian Federation proposals on the appointment and dismissal of prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status.

(clause 1 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

1.1. Prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status, shall be appointed to office by the President of the Russian Federation after consultation with the Federation Council of the Federal Assembly of the Russian Federation. (clause 1.1 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

1.2. Committees of the Federation Council of the Federal Assembly of the Russian Federation, which in the prescribed manner are entrusted with holding consultations on the candidacies proposed by the President of the Russian Federation to the position of prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status, no later than ten days from the day they receive a submission on candidacy to the relevant position, and other materials characterizing the submitted candidacy, shall inform the President of the Russian Federation in writing about the results of consideration of the submitted candidacies.

(clause 1.2 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

2. Prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status shall be dismissed by the President of the Russian Federation.

(clause 2 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

3. Other prosecutors are prosecutors applying for a position that provides for the assignment of higher class ranks of prosecution officers or military ranks of senior officers, or filling such a position, with the exception of prosecution officers specified in Articles 12, 12.1 and clause 1.1 of Article 15 of this Federal Law. Other prosecutors are appointed and dismissed by the President of the Russian Federation on the proposal of the Prosecutor General of the Russian Federation.

(clause 3 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

4. A citizen of the Russian Federation for at least 30 years who meets the requirements established by the first paragraph of clause 1 and clause 2 of Article 40.1 of this Federal Law, and having a service (work) experience for at least seven years in the prosecution bodies and organisations in positions for which the assignment of class ranks (military ranks) is provided, shall be appointed to the position of a prosecutor of the constituent entity of the Russian Federation and a prosecutor of equivalent status.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

5. The term of office of prosecutors of the constituent entities of the Russian Federation, prosecutors equated to them, shall be five years, except for the cases provided for by this Federal Law.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

6. On the basis of the results of attestation of prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status, the Prosecutor General of the Russian Federation has the right to apply to the President of the Russian Federation with a submission to extend their powers for up to five years.

(clause 6 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

7. Appointment of a prosecutor of the constituent entity of the Russian Federation, a prosecutor of equivalent status or another prosecutor for the vacant position, and dismissal in this position shall be carried out by the Prosecutor General of the Russian Federation. The Prosecutor General of the Russian Federation is obliged to immediately inform the President of the Russian Federation on the appointment of a person as acting in a vacant position and on the dismissal in this position. The term of fulfilment of duties in a vacant position may not exceed six months. One and the same person may be appointed acting in the same vacant position no more than two times.

(clause 7 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

8. Notices on the appointment of prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status, and on their dismissal from office shall be published in the press.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

Article 16. City and District Prosecutor’s Offices and Prosecutors of Equivalent Status

City and district prosecutor’s offices and military and other specialised prosecutor’s offices of equivalent status shall be headed by the appropriate prosecutors. Within the said prosecutor’s offices, the positions of first deputy and deputies to prosecutors, heads of divisions, senior assistants and assistants of prosecutors shall be created.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 05.06.2007 No. 87-FZ)

Within city, district prosecutor's offices and prosecutor’s offices of equivalent status, on the decision of the Prosecutor General of the Russian Federation divisions may be formed.

Article 16.1 Appointment and Dismissal of City and District Prosecutors, Prosecutors of Equivalent Status

(introduced by the Federal Law dated 22.12.2014 No. 427-FZ)

1. City and district prosecutors, military and other specialised prosecutors of equivalent status (hereinafter referred to as the "city and district prosecutors and prosecutors of equivalent status") shall be appointed and dismissed by the Prosecutor General of the Russian Federation.

2. A citizen of the Russian Federation for at least 27 years who meets the requirements established by the first paragraph of clause 1 and clause 2 of Article 40.1 of this Federal Law, and having a service (work) experience for at least five years in the prosecution bodies and organisations in positions for which the assignment of class ranks (military ranks) is provided, shall be appointed to the position of a city or district prosecutor or a prosecutor of equivalent status.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

2. A citizen of the Russian Federation under 27 years who meets the requirements established by the first paragraph of clause 1 and clause 2 of Article 40.1 of this Federal Law, or having a service (work) experience less than five years in the prosecution bodies and organisations in positions for which the assignment of class ranks (military ranks) is provided, or a service (work) experience for at least 5 years in the state bodies in positions requiring higher legal education, shall be appointed under exceptional circumstances to the position of a city or district prosecutor or a prosecutor of equivalent status.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

4. The term of office of city and district prosecutors and prosecutors of equivalent status shall be five years, except for the cases provided for by this the Federal Law.

5. The Prosecutor General of the Russian Federation, on the basis of the results of attestation of city and district prosecutors and prosecutors of equivalent status, has the right to extend their powers for a period of up to five years.

Article 17. Powers of the Prosecutor General of the Russian Federation in Managing the System of the Prosecutor's Office of the Russian Federation

1. The Prosecutor General of the Russian Federation shall manage the system of the prosecutor's office of the Russian Federation and shall issue commands, directives, orders, regulations and instructions that are binding on all officers of the prosecution bodies and organisations on matters relating to the activities of the system of the prosecutor's office of the Russian Federation and the procedure for implementing staff welfare measures.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

2. Within the limits of the number of staff allocated and the wage fund, the Prosecutor General of the Russian Federation shall determine the staffing levels and structure of the Office of the Prosecutor General of the Russian Federation, determine the powers of the structural subdivisions and establish the number of staff and structure of subordinate prosecution bodies and organisations.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ, dated 28.12.2010 No. 404-FZ, dated 21.07.2014 No. 233-FZ)

3. Found null and void. - The Federal Law dated 09.11.2020 No. 367-FZ.

4. The Prosecutor General of the Russian Federation shall be responsible for the execution of the tasks assigned to the prosecution bodies by this Federal Law.

Article 18. Powers of Prosecutors of the Constituent Entities of the Russian Federation and Prosecutors of Equivalent Status in Managing Subordinate Prosecution Bodies

Prosecutors of the constituent entities of the Russian Federation and prosecutors of equivalent status shall oversee the activities of city, district and other prosecutor’s offices of equivalent status pursuant to the applicable laws within the territory of the Russian Federation, and the regulatory instruments of the Prosecutor General of the Russian Federation, shall issue commands, directives and orders which shall be binding on all subordinate officers, and may make amendments to the staffing tables of their own offices and subordinate prosecutor’s offices within the limits of the staffing levels and wage fund set by the Prosecutor General of the Russian Federation.

Article 19. Powers of Prosecutors of Cities Divided into Districts in Managing Subordinate Prosecution Bodies

Prosecutors of cities divided into districts shall oversee the activities of the district and equivalent prosecutor’s offices and shall make proposals to higher-ranking prosecutors for adjustments in the staffing levels of their own offices and subordinate prosecutor’s offices and for staff changes.

Article 19.1. Term of Office of Prosecutors Appointed prior to the Establishment of the Term of Office of Prosecutors

(introduced by the Federal Law dated 22.12.2014 No. 427-FZ)

1. Prosecutors appointed prior to the entry into force of the Law of the Russian Federation On Amendments to the Constitution of the Russian Federation dated February 5, 2014 No. 2- ФКЗ "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation" shall exercise their powers until the expiration of a five-year term from day of their appointment.

2. If the five-year term of powers of the prosecutor expired before the entry into force of the said Law of the Russian Federation On Amendments to the Constitution of the Russian Federation, the prosecutor replacing this position shall continue to exercise his/her powers until their extension or until a new prosecutor is appointed to this position in the manner prescribed by this Federal law, but no later than July 1, 2015.

Article 20. Boards within Prosecution Bodies

Any boards set up within prosecution bodies shall be consultative bodies. Pursuant to the decisions of the boards, the appropriate prosecutors shall issue orders.

Article 20.1. Found null and void from January 15, 2011. - The Federal Law dated 28.12.2010 No. 404-FZ.

Section III. PROSECUTOR'S SUPERVISION

Chapter 1. SUPERVISION OVER THE EXECUTION OF LAWS

Article 21. Subject of the Supervision

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

1. The subject of the supervision shall be the following:

compliance with the Constitution of the Russian Federation and execution of the laws applicable within the territory of the Russian Federation by federal executive bodies, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, subjects of public control over ensuring human rights in detention facilities and assistance to persons held at detention facilities, as well as by management bodies and heads of commercial and non-commercial organisations; 

(as amended by the Federal Laws dated 01.07.2010 No. 132-FZ, dated 22.12.2014 No. 427-FZ)

compliance with the laws of legal instruments issued by the bodies and officials referred to in this clause.

2. In exercising supervision over the execution of laws, prosecution bodies shall not be a substitute for other state bodies. The execution of laws shall be inspected on the basis of information received by the prosecution bodies on the facts of violation of laws requiring the adoption of measures by the prosecutor, if this information cannot be confirmed or refuted without carrying out such inspection.

(clause 2 was amended by the Federal Law dated 07.03.2017 No. 27-FZ)

3. The decision to conduct an inspection is made by the prosecutor or his/her deputy and is brought to the attention of the head or other authorized representative of the inspected body (organisation) not later than the day the inspection starts. The objectives, grounds and subject of the inspection must be indicated in the decision to conduct an inspection.

In the event that during the specified inspection information was received indicating the presence in the activities of the inspected body (organisation) of other violations of laws requiring the adoption of measures by the prosecutor, which cannot be confirmed or refuted without conducting the inspection, the prosecutor or his/her deputy shall take a reasoned decision to expand the subject of the inspection or a decision to conduct a new inspection and bring the decision adopted to the attention of the head or other authorized representative of the inspected body (organisation) no later than the day of its adoption.

The standard form of the decision to conduct an inspection and the standard form of a reasoned decision to expand the subject of the inspection shall be approved by the Prosecutor General of the Russian Federation.

(clause 3 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

4. The term of the inspection should not exceed 30 calendar days from the date of its beginning. In exceptional cases connected with the need to carry out additional inspection measures by the prosecutor within the framework of the specified inspection, the term of the inspection may be extended by the decision of the prosecutor or his/her deputy. The term of the inspection may be extended by no more than 30 calendar days. If necessary, a decision on a subsequent extension for a term not exceeding 30 calendar days may be made only by the Prosecutor General of the Russian Federation or his/her authorized deputy.

(clause 4 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

5. The term of the inspection in relation to a body (organisation) conducting its activities in the territories of several constituent entities of the Russian Federation shall be set separately for each branch, representative office, separate structural subdivision, regional department of the body (organisation).

(clause 5 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

6. The inspection by the decision of the prosecutor or his/her deputy may be suspended several times:

if it is necessary to carry out complex and (or) lengthy studies, tests, special examinations in order to obtain additional information that may affect the inspection conclusions, if their term exceeds the term of the specified inspection;

if the actions (inaction) of the inspected body (organisation) that prevent the said inspection lead to the impossibility of completing the specified inspection within its term;

in case of failure to submit the requested information, documents and materials or their copies within the terms established for their submission, which leads to the impossibility of completing the specified inspection within its term.

(clause 6 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

7. The total period of suspensions by the prosecutor or his/her deputy of the inspection may not exceed six months. If it is impossible within these six months to complete the measures specified in clause 6 hereof or to obtain the necessary information, documents and materials or their copies, the period for suspending the inspection may be extended by a decision of the Prosecutor General of the Russian Federation or his/her authorized deputy, but not more than six months.

(clause 7 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

8. The inspection shall be resumed by a decision of the prosecutor or his/her deputy in the event of termination of the grounds established by clause 6 hereof.

(clause 8 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

9. The term of the inspection shall not include the term:

for which the specified inspection was suspended;

between the date of the end of the terms for the submission of the necessary information, documents and materials or their copies established by the first paragraph of clause 2 and clause

2.1 of Article 6 of this Federal Law and the date of their submission;

established by the second paragraph of clause 2 of Article 6 of this Federal Law. (clause 9 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

10. In case of suspension of the inspection, documents and materials seized from the inspected body (organisation) shall be returned to the inspected body (organisation), except in cases where the specified documents and materials are required:

to resolve the issue of criminal prosecution;

to conduct research, tests, special examinations, the results of which may affect  conclusions of the conducted inspection.

(clause 10 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

11. The head or other authorized representative of the inspected body (organisation) shall be notified of the extension (suspension, renewal) of the term of the inspection within two days from the date of the decision to extend (suspend, renew) the term of the inspection.

(clause 11 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

12. In connection with the same facts that have been already given or should have been given a legal assessment based on the results of the earlier inspection, the re-inspection shall be allowed in the following exceptional cases:

due to new or newly discovered circumstances;

upon the expiration of the term established by Article 24 of this Federal Law for eliminating violations of the law revealed during the initial prosecutor's inspection.

(clause 12 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

13. Representatives of other state bodies may be involved in the inspection in order to carry out their expert and analytical functions.

(clause 13 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

14. If no violations of the law are revealed during the inspection, within ten days from the date of its completion, a certificate is drawn up in the form established by the Prosecutor General of the Russian Federation, a copy of which is sent to the head or other authorized representative of the expected body (organisation).

(clause 14 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

15. Actions (inaction) and decisions of the prosecutor related to the conduct of an inspection may be appealed in the manner prescribed by law.

(clause 15 was introduced by the Federal Law dated 07.03.2017 No. 27-FZ)

Article 22. Powers of the Prosecutor

1. In performing the functions entrusted to him/her, the prosecutor shall have the following rights:

to enter unhindered, upon presentation of his/her service identification document, the grounds and premises of the bodies specified in clause 1 of Article 21 of this Federal Law, to have access to their documents and materials, to inspect the enforcement of laws in connection with information received by prosecution bodies concerning facts of law violations;

to request from the heads and other officials of the said bodies to provide the necessary documents and materials or their copies, statistical and other information within the terms and in accordance with the procedure established by clauses 2, 2.1, 2.3, 2.4, 2.5 of Article 6 of this Federal Law; to assign specialists to clarify emerging issues; to conduct inspections on materials and appeals submitted to the prosecution bodies, audits of the activities of organisations that are controlled or subordinated to them;

(as amended by the Federal Law dated 07.03.2017 No. 27-FZ)

to summon officials and citizens for explanations concerning violations of laws.

2. On the grounds laid down by law, the prosecutor and his/her deputy shall initiate proceedings on administrative offences, request that the persons who violated the law be brought to other law-provided liability, and warn of inadmissibility of law violation.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 05.06.2007 No. 87-FZ)

3. In the event of establishing a fact of law violation by the bodies and officials specified in clause 1 of Article 21 of this the Federal Law, the prosecutor or his/her deputy shall:

release, by his/her resolution, the persons illegally subjected to administrative custody on the basis of decisions of non-judicial bodies;

file protests against legal instruments contrary to the law, apply to the court or commercial court for invalidating the said instruments;

submit proposals concerning the elimination of law violations.

4. Officials of the bodies referred to in clause 1 of Article 21 of this Federal Law shall be bound to comply immediately with any requests by the prosecutor or his/her deputy to carry out inspections and audits.

Article 23. Protest by the Prosecutor

1. The prosecutor or his/her deputy shall submit a protest against a legal instrument which is contrary to the law, to the body or official who issued this instrument, or to a higher-ranking body or higher-ranking official, or turn to the court in accordance with the procedure provided for in the procedural legislation of the Russian Federation.

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

2. The protest shall be subject to mandatory consideration within no later than 10 days upon its receipt, and if a protest is submitted against a decision of the representative (legislative) body of the constituent entity of the Russian Federation constituency or a local self-government body, - at the earliest session. Under exceptional circumstances requiring that the violation of law be eliminated promptly, the prosecutor shall have the right to establish a reduced time for the consideration of the protest. The results of consideration of the protest shall be promptly communicated to the prosecutor in writing.

3. If the protest is to be considered by a collegial authority, the prosecutor who has submitted the protest shall be advised of the day of the session.

4. Before the protest has been considered it may be withdrawn by the person who has submitted it.

Article 24. Proposal of the Prosecutor

1. A submission concerning the elimination of violations of the law shall be filed by the prosecutor or his/her deputy to the body or official who have the powers to eliminate the violations committed, and it shall be subject to prompt consideration.

Within one month from the day of filing a submission, specific measures for the elimination of the committed violations of the law, their reasons and conditions facilitating them must be taken; the results of the measures taken must be communicated to the prosecutor in writing.

2. If the submission is to be considered by a collegial authority, the prosecutor shall be advised of the day of the session.

3. In the event that resolutions of the Government of the Russian Federation should conflict with the Constitution of the Russian Federation and the laws of the Russian Federation, the Prosecutor General of the Russian Federation shall notify the President of the Russian Federation thereof.

Article 25. Resolution of the Prosecutor

1. Taking into account the nature of the violation of the law by an official, the prosecutor shall issue a motivated resolution to initiate administrative proceedings.

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

2. The resolution by the prosecutor to initiate administrative proceedings shall be subject to consideration by an authorised body or official within the term laid down by law. The results of consideration shall be communicated to the prosecutor in writing.

Article 25.1. Warning of the Inadmissibility of Violating the Law

(was introduced by the Federal Law dated 10.02.1999 No. 31-FZ)

With a view to preventing violations of the law, and if information is reported on preparation of unlawful acts, the prosecutor or his/her deputy shall forward a written warning to officials, and if information is reported on the preparation of unlawful acts containing elements of extremist activities, to the heads of social (religious) associations as well as to other persons, of the inadmissibility of violating the law.

(Part 1 as amended by the Federal Law No. 112-FZ dated 25.07.2002)

In the event of failure to comply with the requests set forth in the said warning, the official to whom the warning has been announced may be held liable in accordance with the procedure laid down by law.

Chapter 2. SUPERVISION OVER THE OBSERVANCE OF HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 26. Subject of the Supervision

1. Supervision shall be exercised over the observance of the human and civil rights and freedoms by federal executive bodies, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, subjects of public control over ensuring human rights in detention facilities and assistance to persons held at detention facilities, as well as by management bodies and heads of commercial and non-commercial organisations;

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 01.07.2010 No. 132-FZ, dated 22.12.2014 No. 427-FZ)

2. The prosecution bodies shall not substitute other state bodies and officials that exercise control over the observance of the human and civil rights and freedoms, shall not interfere in the operational economic activities of organisations. The inspection of compliance with the human and civil rights and freedoms shall be conducted in accordance with the provisions of clauses 2- 15 of Article 21 of this Federal Law.

(as amended by the Federal Law dated 07.03.2017 No. 27-FZ)

Article 27. Powers of the Prosecutor

1. In performing the functions entrusted to him/her, the prosecutor shall:

consider and inspect applications, complaints, and other communications concerning violations of the human and civil rights and freedoms;

explain to the victims the procedure for protecting their rights and freedoms;

take measures for the prevention and suppression of violations of the human and civil rights and freedoms, charging with liability the persons that have violated the law, and compensation of the damage caused;

use the powers provided for in Article 22 of this Federal Law.

2. If there are grounds to believe that the violation of the human and civil rights and freedoms is of criminal nature, the prosecutor shall take measures for initiating prosecution based on the law against the persons who committed this violation.

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

3. In the event that the violation of the human and civil rights and freedoms is of administrative nature, the prosecutor shall either initiate administrative proceedings or promptly transfer the information on the violation and the inspection materials to the body or official authorised to consider cases of administrative offences.

4. In the event of a violation of the human and civil rights and freedoms protected in civil and administrative proceedings, when the victim cannot personally assert his/her rights and freedoms in a court or commercial court by reason of his/her state of health, age or other reasons, or when the rights and freedoms of a significant number of citizens have been violated, or the violation has acquired special social significance due to other circumstances, the prosecutor shall file and prosecute an action in favour of the victims in the court or in the commercial court.

(as amended by the Federal Law dated 08.03.2015 No. 27-FZ)

Article 28. Protest and Submission of the Prosecutor

The prosecutor or his/her deputy shall submit a protest against the act violating the human and civil rights to the body or official who have issued the said act or turn to the court in accordance with a procedure provided for by the procedural legislation of the Russian Federation.  A submission concerning the elimination of violations of the human and civil rights shall be filed by the prosecutor or his/her deputy to the body or official authorised to eliminate the violation committed.  Protests and submissions shall be filed and considered in accordance with the procedure and within the terms laid down in Articles 23 and 24 of this Federal Law.

Chapter 3. SUPERVISION OVER THE EXECUTION OF LAWS BY BODIES CARRYING OUT OPERATIONAL AND SEARCH ACTIVITIES, INQUIRIES AND PRELIMINARY INVESTIGATIONS

Article 29. Subject of the Supervision

Supervision shall be exercised over the observance of the human and civil rights and freedoms, the established procedure for resolution of applications and communications concerning crimes committed and being prepared, of carrying out operational and search measures and investigations, as well as the legality of decisions taken by bodies carrying out operational and search activities, inquiries, and preliminary investigations.

Article 30. Powers of the Prosecutor

1. The powers of the prosecutor in supervision over compliance with laws by the bodies carrying out operational and search activities, inquiries, and preliminary investigations shall be laid down in the criminal procedural legislation of the Russian Federation and other federal laws.

2. Any directions of the Prosecutor General of the Russian Federation with regard to inquiry which do not require legislative regulation, shall be binding.

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

Article 31. Found null and void. - The Federal Law dated 05.06.2007 No. 87-FZ.

Chapter 4. SUPERVISION OVER THE EXECUTION OF LAWS

BY ADMINISTRATIONS OF PENAL BODIES, CORRECTION AND COERCIVE INSTITUTIONS, AND BY ADMINISTRATIONS OF DETENTION AND REMAND FACILITIES

Article 32. Subject of the Supervision

Supervision shall be exercised over:

the lawfulness of presence of persons in detention facilities, places of pre-trial detention, correctional labour facilities and other penal bodies and correction and coercive institutions;

the observance of the rights and obligations provided by the legislation of the Russian Federation with regard to the apprehended persons, detainees, convicts, and persons subjected to coercive measures, as well as the rules and conditions of their detention;

the lawfulness of the enforcement of punishments not involving deprivation of liberty.

Article 33. Powers of the Prosecutor

1. In exercising supervision of the enforcement of laws, the prosecutor shall have the following rights: 

to visit, at any time, the bodies and institutions specified in Article 32 of this Federal Law; to question the apprehended persons, detainees, convicts, and persons subjected to coercive measures;

to review the documents based on which these persons were apprehended, placed in custody, convicted, or subjected to coercive measures, as well as the operational materials;

to require that the administration create conditions for ensuring the rights of the apprehended persons, detainees, convicts, and persons subjected to coercive measures, to control the compliance with orders, directions, and resolutions of the administration of bodies and institutions specified in Article 32 of this Federal Law with the legislation of the Russian Federation, to require explanations from officials, to file protests and submissions, and to initiate administrative proceedings. Until the protest has been considered, the operation of the act protested against shall be suspended by the administration of the institution;

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

to cancel disciplinary penalties imposed in violation of law on persons placed in custody and convicted, to immediately release them by his/her resolution from the punishment isolation cell, cell-type room, solitary confinement cell, single cell, or disciplinary isolation cell.

2. The prosecutor or his/her deputy shall be obliged to immediately release, by his/her resolution, every person who is detained without lawful grounds in the penitentiary institutions, or who is subjected, contrary to the law, to apprehension, pre-trial detention, or placed in forensic psychiatric institution.

Article 34. Obligation to Enforce the Resolutions and Requests of the Prosecutor

The resolutions and requests of the prosecutor concerning the enforcement of the rules and conditions of detention of persons apprehended, taken into custody, convicted, and persons subjected to measures of coercive nature or placed into forensic psychiatric establishments shall be subject to mandatory enforcement by the administration, as well as by bodies enforcing court judgments passed on persons sentenced to a punishment not involving deprivation of liberty.

Section IV. PARTICIPATION OF THE PROSECUTOR IN CONSIDERATION OF MATTERS BY COURTS

Article 35. Participation of the Prosecutor in consideration of Matters by Courts

1. The prosecutor shall participate in the consideration of matters by courts in cases provided for in the procedural legislation of the Russian Federation and other federal laws.

2. In carrying out criminal prosecution in court, the prosecutor shall act as a public prosecutor.

3. In accordance with the procedural legislation of the Russian Federation, the prosecutor shall have the right to file an application to the court or to join the proceedings at any stage, if it is required for the protection of the rights of citizens and the law-protected interests of society or the state.

4. The powers of the prosecutor participating in the consideration of matters by courts shall be specified in the procedural legislation of the Russian Federation.

5. In accordance with the legislation of the Russian Federation, the Prosecutor General of the Russian Federation shall take part in the sessions of the Supreme Court of the Russian Federation.

(as amended by the Federal Law dated 11.10.2018 No. 363-FZ)

6. The Prosecutor General of the Russian Federation shall have the right to apply to the Constitutional Court of the Russian Federation with regard to the violation of citizens’ constitutional rights and freedoms by the law that has been applied or is to be applied in a particular case.

Article 36. Filing Protests against Court Decisions

1. The prosecutor or his/her deputy shall, within the limits of his/her competence, file a cassation protest, or a private protest, or a protest by way of supervision to the higher-level court, and a complaint of appeal, or a cassation complaint, or a protest by way of supervision to a commercial court against an unlawful or unjustified court decision, judgment, ruling, or resolution. An assistant prosecutor, prosecutor of a department, or prosecutor of a division may only file a protest in a matter which had been considered with their participation.

(clause 1 was amended by the Federal Law dated 10.02.1999 No. 31-FZ)

2. The prosecutor or his/her deputy shall, irrespective of their participation in the court proceedings, have the right to request and obtain, within the limits of his/her competence, any case file or a number of file cases in which the court decision, judgment, ruling, or resolution has entered into legal force. If the prosecutor finds that the court decision, judgment, ruling, or resolution is unlawful or unjustified, he/she shall file a protest by way of supervision or a submission to a higher-ranking prosecutor.

3. A protest against the judge’s decision in the matter of administrative violation may be filed by a city prosecutor, district prosecutor, a higher-ranking prosecutor, and their deputies.

Article 37. Withdrawal of a Protest

Before the consideration of a protest against a court decision, judgment, ruling, or resolution by the court has begun, the protest may be withdrawn by the prosecutor who has filed it.

Article 38. Suspension of Enforcement of the Court Judgment

The filing by the Prosecutor General of the Russian Federation or his/her deputy of a protest against a judgment imposing the death penalty as a punitive measure shall suspend the enforcement of the judgement.

Article 39. Submission Giving Clarifications to Courts

(as amended by the Federal Law dated 11.10.2018 No. 363-FZ)

Section V. SERVICE IN PROSECUTION BODIES AND ORGANISATIONS. 

STAFF OF THE PROSECUTION BODIES AND ORGANISATIONS

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ) (as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

Article 40. Service in Prosecution Bodies and Organisations

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

1. The service in prosecution bodies and organisations shall be part of the federal public service.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

The prosecution officers shall be federal public officers discharging their duties of office within the federal public service in accordance with the requirements of this Federal Law. The legal status and conditions of service of the prosecution officers shall be specified by this Federal Law.

(clause 1 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

2. The labour relations of the officers of prosecution bodies and organisations (hereinafter also referred to as the “officers”) shall be regulated by the labour legislation of the Russian Federation and the legislation of the Russian Federation on public service, taking into account the particularities provided for in this Federal Law.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

3. The rules of service for military prosecutors shall be regulated by this Federal Law, the Federal Law “On Military Service Obligation and Military Service”, and the Federal Law “On the Status of Military Personnel”.

(clause 3 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

4. The officers shall have the right to lodge appeals against the decisions of the heads of prosecution bodies and organisations concerning the issues of service to a higher-ranking official and (or) to the court.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

 Article 40.1. Requirements to Persons to Be Appointed to the Positions of Prosecutors

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

 1. Citizens of the Russian Federation who have completed higher legal education under state-accredited graduate education programs for specialty “Jurisprudence”, or higher education in the field of studies “Jurisprudence” with a master’s degree providing that they have a bachelor’s degree in the field of studies “Jurisprudence”, or higher education in specialties included in an enlarged group of specialties “Jurisprudence”, being certified as a “lawyer”, who have necessary professional and moral qualities, and who are able, on account of their health, to perform the official duties entrusted to them shall be eligible to be prosecutors.

(clause 1 was amended by the Federal Law dated 06.02.2020 No. 15-FZ)

2. A person may not be admitted to serve in the prosecution bodies and organisations, and may not be a staff member of the said service if he/she:

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

has citizenship (nationality) of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state;

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

has been deemed by a court decision to have no legal capacity or a restricted legal capacity; has been deprived by a court decision of the right to occupy public positions of the public

service during a certain period;

has had or does have a criminal record;

has a disease that prevents admission to the service in the prosecution bodies and organisations and performance of official duties of the prosecution officer. The procedure for medical examination of a person for the presence (absence) of a disease that prevents admission to the service in the prosecution bodies and organisations and the performance of official duties of the prosecution officer, a list of diseases that prevent admission to the service in the prosecution bodies and organisations and performance of official duties of the prosecution officer and the form of the conclusions on the presence (absence) of the disease, preventing admission to the service in the prosecution bodies and organisations and the performance of official duties of the prosecution officer, shall be approved by the Government of the Russian Federation;

(as amended by the the Federal Laws dated 06.11.2011 No. 297-FZ, dated 21.07.2014 No. 233- FZ)

has a close relation by blood or by marriage (parents, husband or wife, brothers, sisters, or children, as well as brothers, sisters, parents, or children of husband or wife, and children’s husbands or wives) who is an officer of a prosecution body or institution, if their service involves direct subordination or controllability of one of them to another;

(as amended by the the Federal Laws dated 21.11.2011 No. 329-FZ, dated 21.07.2014 No. 233- FZ)

refuses to undergo the security clearance procedure for access to the information classified as state secret, if the discharge of the duties of office in the position for which the person is applying involves using such information.

2.1. A person shall not be accepted into service in the prosecution bodies and organisations and be in this service also in the event of termination of the citizenship of the Russian Federation.

(clause 2.1 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

3. Persons shall be admitted for service in the prosecution bodies and organisations on the basis of a labour contract for an indefinite period or a period not exceeding five years.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

4. Found null and void. - The Federal Law dated 21.07.2014 No. 233-FZ.

5. Found null and void. - The Federal Law dated 22.12.2014 No. 427-FZ.

Article 40.2. Restrictions, Prohibitions, and Duties Related to Service in Prosecution Bodies and Organisations

(as amended by the Federal Law dated 05.10.2015 No. 285-FZ)

1. The restrictions, prohibitions, and duties provided for the civil servants by the Federal Law dated December 25, 2008 No.273-FZ “On Combating Corruption” and by Articles 17, 18, and 20 and 20.1 of the Federal Law dated July 27, 2004 No. 79-FZ “On the Public Civil Service of the Russian Federation” (hereinafter referred to as the Federal Law “On the Public Civil Service of the Russian Federation”) shall apply to the prosecution officers.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

1.1. Prosecution officers are obliged to inform their immediate supervisor in writing about the termination of the citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state, or the receipt of a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, within five business days upon the termination of the citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state or the receipt of these documents.

(clause 1.1 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

2. The restrictions and duties established by Article 12.1 of the Federal Law dated December 25, 2008 No. 273-FZ “On Combating Corruption” shall apply to the Prosecutor General of the Russian Federation.

3. The Prosecutor General of the Russian Federation is obliged to report, in accordance with the procedure, established by the decrees of the President of the Russian Federation, about the emergence of personal interest in the performance of the official duties that leads or may lead to a conflict of interests, and to take measures to prevent or resolve such a conflict.

Article 40.3. Probation Procedure for Entry in the Prosecution Service

1. For persons who enter in the prosecution service for the first time, with the exception of those who are recruited to serve in the prosecution bodies for the first time within one year since graduation from an educational organisation, a probation period of up to six months may be established, with a view to test their suitability for the occupied position. The duration of the probationary period shall be determined by the head of the appropriate prosecution body whose competence includes appointment to the appropriate position, upon agreement with the person employed for the service. In the course of service, the probation period may be reduced or extended within the limits of six months by agreement of the parties. Periods of temporary disability and other periods when the probationer was absent from service for justified reasons shall not count as part of the probationary period. The probation period shall count towards length of service in the prosecution bodies. The probation period shall be included in the term of service in the prosecution bodies.

(as amended by the Federal Law dated 02.07.2013 No. 185-FZ)

2. The persons specified in clause 1 of this Article shall be appointed to the appropriate position without conferral of a class rank, and during their probation period shall discharge the official duties entrusted to them.

3. If the results of probation are unsatisfactory, the officer may be dismissed from prosecution bodies or, upon agreement with him/her, transferred to another position.

If the probation period has expired and the officer continues to discharge the official duties entrusted to him/her, he/she shall be deemed to have passed the probation and no additional decisions on his/her appointment to the position shall be taken.

Article 40.4. Prosecutor’s Oath

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

1. A person being appointed for the first time to the position of prosecutor shall take the following Prosecutor’s Oath:

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

“I dedicate myself to serving the Law and I do solemnly swear:

to scrupulously abide by the Constitution of the Russian Federation, the laws and international obligations of the Russian Federation, not allowing even a slightest deviation from them;

to fight without compromise against any violations of the law, whoever has committed them, to seek achieving high efficiency of prosecutor's supervision;

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

to actively protect the interests of individuals, society and the state;

to mindfully and carefully consider any proposals, applications and complaints of citizens, to be fair in taking decisions and impartial in deciding people’s fates;

to strictly keep state secrets and other secrets protected by the law;

to constantly improve my professional skills, value my professional honour, be a model of integrity, moral purity, and decency, to scrupulously preserve and enrich the best traditions of the prosecution's office.

I am aware that any violation of this Oath will be inconsistent with my further service in prosecution bodies”.

2. The procedure for taking Prosecutor’s Oath shall be laid down by the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Article 40.5. Powers of Appointment to Office and Dismissal from Office

1. The Prosecutor General of the Russian Federation shall appoint to office and dismiss from office:

a) at the Office of the Prosecutor General of the Russian Federation – heads of main directorates, directorates and divisions and their deputies, counsellors, senior assistants and senior assistants for special assignments, assistants and assistants for special assignments of the Prosecutor General of the Russian Federation, assistants for special assignments of the first deputy and deputies to the Prosecutor General of the Russian Federation, senior prosecutors and prosecutors of main directorates, directorates and divisions and their assistants, with the exception of prosecutors applying for a position which provides for the assignment of higher class ranks of prosecutors or military ranks of senior officers, or filling such a position.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ, dated 09.11.2020 No. 367-FZ) The appointment of officers to other positions may be carried out by deputies to the

Prosecutor General of the Russian Federation;

b) Found null and void. - The Federal Law dated 22.12.2014 No. 427-FZ;

c) deputy prosecutors of the constituent entities of the Russian Federation, deputy military and other specialised prosecutors, prosecutors of equivalent status, with the exception of deputy prosecutors applying for a position which provides for the assignment of higher class ranks of prosecutors or military ranks of senior officers, or filling such a position;

(subclause "c" was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

d) city and district prosecutors, and prosecutors of equivalent status;

e) rectors (directors), vice-rectors (deputy directors) of scientific and educational organisations of the prosecution service and directors of the affiliated branches of scientific and educational organisations of the prosecution service and their deputies, with the exception of prosecution officers applying for a position which provides for the assignment of higher class ranks of prosecution officers or military ranks of senior officers, or filling such a position;

(as amended by the Federal Laws dated 21.07.2014 No. 233-FZ, dated 09.11.2020 No. 367-FZ)

2. The prosecutor of the constituent entities of the Russian Federation and prosecutors of equivalent status shall appoint to office and dismiss from office:

a) officers of the executive office of the appropriate prosecutor’s office, with the exception of their own deputies;

b) deputy prosecutors, heads of divisions, senior assistants and assistants of city, district prosecutors, and prosecutors of equivalent status.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ, dated 09.11.2020 No. 367-FZ)

3. City and district prosecutors and prosecutors of equivalent status shall appoint to office and dismiss from office those officers who do not hold positions of prosecutors.

(as amended by Federal Law dated 28.12.2010 No. 404-FZ)

(clause 4 was amended by Federal Law dated 21.07.2014 No. 233-FZ)

Article 41. Qualification Appraisal of Prosecution Officers. Class Ranks of the Prosecution Officers

1. Qualification appraisal of the prosecution officers shall be carried out to determine their suitability for the position occupied, as well as to enhance service discipline.

(as amended by the Federal Law dated 02.07.2013 No. 185-FZ)

2. The prosecution officers who have class ranks or occupy positions requiring assignment of class ranks shall be subject to qualification assessment.

3. The procedure and timing of carrying out qualification appraisal shall be established by the Prosecutor General of the Russian Federation.

(clause 3 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

4. Scientific and teaching employees shall be subject to qualification appraisal in accordance to the procedure determined by the Prosecutor General of the Russian Federation, taking into account the specifics of scientific and teaching activities.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

5. Prosecutors and scientific and teaching employees shall be assigned class ranks for life, in accordance with the positions occupied by them and their work experience. The Prosecutor General of the Russian Federation may also assign class ranks to other officers.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

6. The procedure for assigning class ranks is defined by the Regulation on the Class Ranks of the Prosecution Officers approved by the President of the Russian Federation.

7. The list of positions of prosecution officers of the prosecution bodies and organisations of the Russian Federation, according to which the assignment of class ranks of a full state counsellor of justice, the 1st, 2nd, 3rd class state counsellor of justice, and the assignment of higher class ranks of prosecution officers shall be approved by the President of the Russian Federation on the submission of the Prosecutor General of the Russian Federation.

(clause 7 was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

Article 41.1. Service Identification Document

The prosecution officers shall be issued the service identification documents of the standardized format established by the Prosecutor General of the Russian Federation.

(as amended by the Federal Laws dated 24.07.2007 No. 214-FZ, dated 28.12.2010 No. 404-FZ)

The service identification document is a document identifying personality of the prosecution officer, his/her class rank and position occupied.

The service identification documents of prosecutors shall affirm their rights to carry and keep hand-held service firearms and special devices, as well as other rights and powers granted to prosecutors by this Federal Law.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Article 41.2. Personal File of the Prosecution Officer

(as amended by the Federal Laws dated 02.07.2013 No. 185-FZ, dated 21.07.2014 No. 233-FZ)

2. A prosecution officer shall have access to all materials contained in his/her personal file, and to attach his/her written explanations to his/her personal file.

(clause 2 was amended by the Federal Law dated 07.05.2013 No. 99-FZ)

3. The procedure for keeping personal files of the prosecution officers shall be established by the Prosecutor General of the Russian Federation.

(as amended by the Federal Laws dated 24.07.2007 No. 214-FZ, dated 28.12.2010 No. 404-FZ)

4. Processing of personal data included in the personal file of a prosecution officer, implementation of the prosecution officers’ rights as personal data subjects shall be performed in accordance with the provisions set out by the legislation of the Russian Federation in the area of personal data.

(clause 4 was introduced by the Federal Law dated 07.05.2013 No. 99-FZ)

5. It is forbidden to process, including to add to the personal file of the prosecution officer his/her personal data which according to the legislation of the Russian Federation in the area of personal data are deemed personal data of special category, except as provided for by this Federal Law and other federal laws.

(clause 5 was introduced by the Federal Law dated 07.05.2013 No. 99-FZ)

Article 41.3. Special Uniform

1. Prosecution officers shall be provided with special uniform in accordance with the procedure and standards laid down by the Government of the Russian Federation.

(as amended by the Federal Laws date 22.08.2004 No. 122-FZ dated 04.06.2014 No. 145-FZ)

The description of special uniform and insignia, the rules for wearing special uniform, the procedure of its storage, issuance, writing-off, inventory, creation and maintaining supplies shall be determined by the Prosecutor General of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 18.04.2018 No. 84-FZ)

In the cases and in the procedure determined by the decision of the Prosecutor General of the Russian Federation a prosecution officer shall receive payment as compensation for the special uniform in the amount determined by the Government of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 18.04.2018 No. 84-FZ)

2. In case a prosecution officer participates in consideration of criminal, civil, or commercial matters in court, as well as in other cases of his/her acting as an official representative of the prosecution bodies, he/she shall be obliged to wear a special uniform or military uniform.

(as amended by the Federal Laws date 04.06.2014 No. 145-FZ dated 08.03.2015 No. 22-FZ)

3. The persons dismissed from the prosecution bodies and organisations, who have length of service in the prosecution bodies and organisations not less than 20 years, except for those dismissed for the acts discrediting the honour of the prosecution officer or deprived of the class rank by a court decision, shall have right to wear a special uniform or military uniform.

(as amended by the Federal Laws date 04.06.2014 No. 145-FZ dated 21.07.2014 No. 233-FZ)

 Article 41.4. Leave Entitlements

1. Prosecutors, scientific and teaching employees shall be granted annual paid vacation leave of 30 calendar days not including the time of travel to the place of resort and back.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 30.12.2012 No. 284-FZ)

Prosecutors working in areas with harsh and unfavourable climatic conditions shall be provided annual paid leave in accordance with the standards established by the Government of the Russian Federation, but not less than 45 calendar days.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Prosecutors, scientific and pedagogical employees serving in the regions of the Far North and similar areas with unfavourable climatic or environmental conditions, including remote areas, for which coefficients are provided (regional, for service in high-mountain areas, for service in desert and waterless areas) or in the prosecution bodies and organisations located in the constituent entity of the Russian Federation that is part of the Urals, Siberian or Far Eastern Federal District or outside the Russian Federation, shall be reimbursed the cost of travel to and back from the place of the main leave on the territory (within the limits of) the Russian Federation and once a year, unless stipulated otherwise by federal laws or by statutory legal instruments of the President of the Russian Federation or the Government of the Russian Federation. If the place of the principal leave is the sanatorium and resort organisation subordinate to the Office of the Prosecutor General of the Russian Federation, whereto the persons indicated in this paragraph are referred for treatment by the medical organisation in which they are registered, the cost of travel to and back from the sanatorium and resort organisation shall be also reimbursed for one member of their families (given his/her referral for treatment by the medical organisation in which he/she is registered). The procedure for compensation of travel expenses shall be established by the Prosecutor General of the Russian Federation.

(paragraph was introduced by the Federal Law dated 30.12.2012 No. 284-FZ, as amended by the Federal Laws dated 21.07.2014 No. 233-FZ, dated 29.07.2017 No. 246-FZ)

An additional annual paid leave for the length of service in the capacity of a prosecutor, scientific or pedagogical employee shall be granted as follows: 

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ) 5 calendar days - after 10 years of service; 10 calendar days - after 15 years of service; 15 calendar days - after 20 years of service.

The periods of internship in the prosecution bodies and organisations shall be also included in the period of service granting the right to an additional leave. Service in other law enforcement agencies, military service, as well as work as a judge shall be included as part of the said period of service in calendar days.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

At the request of prosecutors and scientific and pedagogical employees, upon consent of the administration, the leave may be divided into two parts. In this case, the travel expense to the place of resort and back shall be reimbursed, and the time for the said travel shall be granted only once.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

3. On individual occasions the annual paid leave may be provided to the officer next year, on his/her application and upon consent of the head of the appropriate prosecution body or organisation.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

4. Officers who are dismissed from prosecution bodies due to the liquidation of the prosecution body or organisation, reduction in staff (hereinafter referred to as the organisational restructuring measures), illness, resignation from office, and retirement, shall be provided a regular annual paid leave, if they so wish. A monetary compensation shall be paid for the regular annual paid leave unused in the dismissal year in proportion to the time of work.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

Article 41.5. Transfer of the Prosecution Officer to Serve in Another Area

1. The transfer of a prosecution officer (with the exception of a military officer of the military prosecutor's office), for the service reasons, to another area shall be allowed only with his/her consent, and in case of transfer to a place with severe and unfavourable climatic conditions – subject to a medical conclusion on the absence of contraindications for the service in these areas in respect of health of the prosecution officer, in the form approved by the Government of the Russian Federation.

(as amended by the Federal Laws dated 06.11.2011 No. 297-FZ, dated 19.12.2016 No. 434-FZ)

Transfer of a prosecution officer to another area at his/her own initiative shall be allowed only upon agreement with the heads of the appropriate prosecution bodies.

2. The prosecution officers transferred to another area on a permanent basis shall have the expenses for their and their families’ relocation fully reimbursed from the federal budget.

Article 41.6. Incentives for Officers

1. For exemplary performance by the officers of their official duties, lengthy and impeccable service in the prosecution bodies and organisations, carrying out of tasks of special significance and complexity, the following incentives shall be used:

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ) 

commendation;

award of the Certificate of Honour;

placing on the Board of Honour or in the Book of Honour; 

award of a monetary bonus;

award of a gift;

award of a valuable gift;

award of a personal engraved weapon;

early conferral of class rank or promotion to the class rank that is one level higher than the next one;

award of the badge “For impeccable service in the Prosecutor's Office of the Russian Federation”;

award of the badge “Honorary Officer of the Prosecution Service of the Russian Federation” together with the handing over of the Certificate of Honour of the Prosecutor General of the Russian Federation.

2. Officers who have particularly excelled may be nominated for the state awards of the Russian Federation, incentives by the President of the Russian Federation, the Government of the Russian Federation.

(clause 2 was amended by the Federal Law dated 31.07.2020 No. 288-FZ)

3. The Prosecutor General of the Russian Federation may establish other kinds of incentives which have not been provided for in clause 1 of this Article.

4. The Regulations on the badges “Honorary Officer of the Prosecutor's Office of the Russian Federation” and “For impeccable service in the Prosecutors Office of the Russian Federation” shall be approved by the Prosecutor General of the Russian Federation.

5. The rewarding of the officers shall be effected with the funds from the reward and gift budgets.

6. The Prosecutor General of the Russian Federation may use the incentives laid down in this Article to the persons who are not officers of prosecution bodies and organisations but provide substantial assistance in strengthening of the rule of law and order and development of the system of the Prosecutor's Office of the Russian Federation.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

Article 41.7. Disciplinary Liability

2. The Prosecutor General of the Russian Federation shall have the right to impose on prosecution officers disciplinary penalties provided for by clause 1 of this Article, except in cases provided for by clause 2.2 of this Article.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 22.12.2014 No. 427-FZ)

The Prosecutor General of the Russian Federation shall determine the powers of the appropriate heads for bringing to disciplinary responsibility the officers appointed to the position by the Prosecutor General of the Russian Federation.

2.1. Found null and void from January 15, 2011. - The Federal Law dated 28.12.2010 No.404-FZ.

2.2. The Prosecutor General of the Russian Federation has no right to impose disciplinary penalties:

in the form of reduction in class rank - to prosecutors, to whom a class rank was conferred by the President of the Russian Federation;

in the form of dismissal from the prosecutor's office - to deputies to the Prosecutor General of the Russian Federation, as well as to prosecution officers appointed to the office by the President of the Russian Federation.

(clause 2.2 was introduced by the Federal Law dated 22.12.2014 No. 427-FZ)

2.3. The Prosecutor General of the Russian Federation is obliged to inform the President of the Russian Federation about imposing a disciplinary penalty on the deputy to the Prosecutor General of the Russian Federation or a prosecution officer appointed to the position by the President of the Russian Federation.

(clause 2.3 was introduced by the Federal Law dated 22.12.2014 No. 427-FZ)

3. Prosecutors of the constituent entities of the Russian Federation, prosecutors of equivalent status, and directors (rectors) of scientific and educational institutions of the prosecutor's office shall have the right to impose disciplinary penalties on the officers appointed to the position by them, with the exception of deprivation of the badge “Honorary Officer of the Prosecutor's Office of the Russian Federation”.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ, dated 28.12.2010 No. 404-FZ, dated 21.07.2014 No. 233-FZ)

4. City and district prosecutors, and prosecutors of equivalent status shall have the right to impose such disciplinary penalties as admonition, reprimand, and severe reprimand, as well as dismissal of officers appointed to the position by them.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

5. The disciplinary penalty in the form of dismissal from the prosecution bodies of officers who have been awarded the badge “Honorary Officer of the Prosecutor's Office of the Russian

Federation” may only be imposed upon the consent of the Prosecutor General of the Russian Federation.

(as amended by the Federal Laws dated 24.07.2007 No. 214-FZ, dated 28.12.2010 No. 404-FZ)

6. The disciplinary penalty shall be imposed immediately following the identification of misconduct, but not later than within one month from the date of its identification, not including the days of the officer’s illness or being on leave.

7. A disciplinary penalty may not be imposed at the time when the officer is ill or on leave.

8. A disciplinary penalty may not be imposed later than six months after the day of misconduct, and in case it was identified during the audit or inspection of financial and economic activities - not later than two years after the day the misconduct occurred.

9. The officer who has committed misconduct may be suspended from office (but not more than for one month) with retention of salary until the issue of imposing a disciplinary penalty on him/her has been resolved.

The suspension from office shall be carried out upon order of the head of the prosecution body or organisation who is authorized to appoint the officer to the appropriate position. During the period of the officer’s suspension from office he/she shall be paid a financial allowance in  the amount of his/her salary plus bonus for class rank and length of service.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

 Article 41.8. Penalties for Failure to Comply with Restrictions and Prohibitions, Requests for Prevention or Settlement of Conflict of Interests, and Failure to Discharge Duties Established with a View to Countering Corruption

(was introduced by the Federal Law dated 21.11.2011 No. 329-FZ)

1. An officer who fails to comply with restrictions and prohibitions, requests for prevention or settlement of conflict of interests, and fails to discharge the duties established with a view to countering corruption by this Federal Law, the Federal Law dated December 25, 2008 No. 273- FZ “On Combating Corruption”, and other federal laws shall be subject to penalties provided for in Article 41.7 of this Federal Law.

2. The report on application of penalty against the officer who committed a corruption offence shall refer to this Article as the basis for imposing the penalty.

Article 41.9. Dismissal from Office Due to Loss of Confidence

(was introduced by the Federal Law dated 21.11.2011 No. 329-FZ)

1. Pursuant to the procedure laid down in the legislation of the Russian Federation regulating issues of service in the prosecution bodies, an officer shall be subject to dismissal from office due to loss of confidence in the following cases:

failure by the officer to take measures to prevent and/or resolve a conflict of interests whereto he/she was a party;

failure by the officer to submit information on his/her income, expenses, property and property liabilities, as well as on the income, expenses, property and property liabilities of his/her spouse and minor children, or submission of knowingly unreliable or incomplete information;

(as amended by the Federal Law dated 03.12.2012 No. 231-FZ)

participation of the officer, on a paid basis, in the activities of a management body of a commercial organisation, with the exception of cases provided for by the federal law;

business activities carried out by the officer;

if the officer is a member of a management body, board of trustees or supervisory board, or another body of a foreign non-commercial non-governmental organisation or its structural

subdivisions operating in the territory of the Russian Federation, unless otherwise provided for by the international treaty of the Russian Federation or the legislation of the Russian Federation;

violations by the officer, his/her spouse and minor children in cases stipulated by the Federal Law "On the Prohibition for Certain Categories of Persons to Open and Have Accounts (Deposits), Keep Cash and Valuables with Foreign Banks Located outside the Territory of the Russian Federation, Own and (or) Use Foreign Financial Instruments", of the ban to open and have accounts (deposits), keep cash and valuables with foreign banks located outside the Russian Federation, own and (or) use foreign financial instruments. In this case, the term "foreign financial instruments" is used in the meaning defined by the above Federal Law.

(paragraph was introduced by the Federal Law dated 07.05.2013 No. 102-FZ; as amended by the Federal Law dated 28.12.2016 No. 505-FZ)

2. The head of the prosecution body or organisation who has become aware that an officer subordinate to him/her gained a personal interest which leads or may lead to a conflict of interests, shall be subject to dismissal due to loss of confidence given he/she has failed to take measures to prevent and (or) resolve a conflict of interests involving the officer subordinate to him/her, in accordance with the procedure laid down in the legislation of the Russian Federation regulating issues of service in the prosecution bodies.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

3. The information on the application of penalties against the officers in the form of dismissal due to loss of confidence for corruption offences shall be included by the prosecution bodies and organisations in which the officers served in the list of persons dismissed due to loss of confidence provided for by Article 15 of the Federal Law dated December 25, 2008 No. 273- FZ “On Combating Corruption”.

(clause 3 was introduced by the Federal Law dated 01.07.2017 No. 132-FZ)

Article 41.10. Procedure for Imposition of Penalties for Corruption Offences

(was introduced by the Federal Law dated 21.11.2011 No. 329-FZ)

1. Penalties provided for in Articles 41.8 and 41.9 of this Federal Law shall be applied pursuant to the procedure laid down in clauses 2-9 of Article 41.7 of this Federal Law, taking into account the particularities specified in this Article.

2. Penalties provided for in Articles 41.8 and 41.9 of this Federal Law shall be applied on the basis of the report on the results of an inspection carried out by the personnel division of the relevant the prosecution body for prevention of corruption and other offences, and in the event the report on the results of the inspection had been forwarded to the commission on compliance by federal public officials with the official conduct requirements and conflicts of interest settlement (certification commission) - also based on the recommendation by the said Commission. With the consent of the employee and subject to recognition by him/her of the fact of commission of a corruption offence, a penalty may be applied, except a dismissal due to loss of trust and confidence, on the basis of a report on corruption offence of the personnel service of a relevant prosecution body for the prevention of corruption and other offences, describing the actual circumstances of its commission, and a written explanation of such employee.

(as amended by the Federal Law dated 03.08.2018 No. 307-FZ)

3. When imposing penalties provided for in Articles 41.8 and 41.9 of this Federal Law the following shall be taken into account: nature of the offence committed by the officer, its gravity, circumstances in which it was committed, compliance by the officer with other restrictions and prohibitions, requests for prevention or settlements of conflict of interests, and performance by him/her of the duties provided with a view to countering corruption, as well as previous results of performing by the officer of his/her official duties.

3.1. A penalty in the form of reproof or reprimand may be applied to an officer, if the corruption violation committed by him/her is of insufficient gravity.

(clause 3.1 was introduced by the Federal Law dated 28.11.2015 No. 354-FZ; as amended by the Federal Law dated 03.08.2018 No. 307-FZ)

4. The penalties provided for by Articles 41.8 and 41.9 of this Federal Law shall be applied not later than six months from the date of the report of a corruption offence committed by an officer excluding the time of his/her illness, or being on vacation and not later than three years from the date of the commission by him/her of a corruption offence. The length of the proceedings in the criminal case shall not be included in the above time limit.

(clause 4 was amended by the Federal Law dated 16.12.2019 No. 432-FZ)

5. The report of imposition of penalty on the officer in the event of commission by him/her of a corruption offence shall refer to Article 41.8 or 41.9 of this Federal Law as the authority for imposing the penalty.

6. A copy of the report of imposition of penalty the officer specifying the corruption offence and the statutory legal instruments which have been violated by the officer or the refusal to impose the said penalty specifying the motives for that decision shall be served upon the officer against his/her signature within five days from the day of issue of the said report.

7. The officer shall have the right to appeal against the penalty in writing, pursuant to the established procedure.

8. If within one year from the day a penalty was imposed on the officer, he/she has not been subjected to a disciplinary penalty provided for in clause 1 of Article 41.7 of this Federal Law, with the exception of dismissal from prosecution bodies or the penalty provided for in Article 41.8 of this Federal Law, the officer shall be deemed as having no penalty.

Article 42. Procedure for Bringing Prosecutors to Criminal and Administrative Liability

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

1. Verification of the report on the offence committed by a prosecutor shall be within the exclusive competency of the prosecution bodies.

Verification of the report on the offence committed by a prosecutor, initiation of a criminal case against the prosecutor (except for cases when the prosecutor has been caught upon committing an offence) and its preliminary investigation shall be carried out by the Investigative Committee of the Russian Federation pursuant to the procedure laid down in the criminal procedural legislation of the Russian Federation.

For the period of investigation of the criminal case initiated against the prosecutor, he/she shall be suspended from office. During the period of the officer’s suspension from office he/she shall be paid a financial allowance (military allowance) in the amount of his/her salary of office plus bonus for class rank (military class pay) and length of service.

(clause 1 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

2. Apprehension, compulsory delivery, body search of the prosecutor and examination of his/her personal things and transport means used by him/her shall not be allowed, with the exception of cases when it is provided for in the federal law in order to ensure safety of other persons and apprehension at the time of the commission of an offence.

(clause 2 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Article 43. Termination of Service in Prosecution Bodies and Organisations

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

1. Service in prosecution bodies and organisations shall terminate upon dismissal of the prosecution officer.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

In addition to the grounds for the dismissal provided for in the labour legislation of the Russian Federation, the prosecution officer may be dismissed due to his/her resignation from office and on the initiative of the head of the prosecution body or organisation in the following cases:

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

a) the prosecution officer has attained the maximum age for service in the prosecution bodies and organisations;

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

b) termination of the citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state, or the receipt of a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state;

(subclause "b" was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

c) violation of the Prosecutor’s Oath, as well as the commission of misconduct discrediting the honour of the prosecution officer;

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

d) failure to comply with the restrictions and to perform the service duties, as well as emergence of other circumstances provided for in Articles 16 and 17 of the Federal Law “On the Public Civil Service of the Russian Federation”;

(subclause "d" as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

e) disclosure of state secrets and other secrets protected by the law;

f) loss of confidence pursuant to Article 41.9 of this Federal Law; (subclause "f" was introduced by the Federal Law dated 21.11.2011 No. 329-FZ)

g) decline of appointment to the positions proposed due to expiration of the term of office or early termination of powers;

(subclause "g" was introduced by the Federal Law dated 26.07.2019 No. 205-FZ)

h) absence from service for more than four consecutive months due to temporary disability unless a longer period for job (position) retention is provided by the legislation of the Russian Federation in the event of a certain disease or unless job (position) retention guarantees are provided by the legislation of the Russian Federation for a certain category of citizens. The prosecution officer shall retain his/her job (position) throughout the period of his/her temporary disability due to injury, occupational disease or other harm to health sustained in the  performance of official duties, regardless of the duration of this period.

(subclause "h" was introduced by the Federal Law dated 26.07.2019 No. 205-FZ)

1.1. The presence of a disease that interferes with the performance of the official duties of a prosecution officer shall be the ground for termination of service in the prosecution bodies and organisations and dismissal of the prosecution officers.

(clause 1.1 was introduced by the Federal Law dated 06.11.2011 No. 297-FZ, as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

1.2. Prosecutors of the constituent entities of the Russian Federation, cities, districts and specialised prosecutors of equivalent status (except military prosecutors), at the end of their tenure, as well as in case of early termination of powers in order to resolve the issue of the terms of their further service, may be placed, accordingly, at the disposal of the Prosecutor General's Office of the Russian Federation, prosecutor’s office of a constituent entity of the Russian Federation, specialised prosecutor’s office of equivalent status for a term of up to two months from the date of signing the act of the President of the Russian Federation or the publication of the act of the Prosecutor General of the Russian Federation on dismissal from the filled position. The procedure for placing a prosecution officer at the disposal of the prosecution body and his/her stay at the disposal of the prosecution body, the scope of service duties performed by him/her during the specified period shall be determined by the Prosecutor General of the Russian Federation.

(clause 1.2 was introduced by the Federal Law dated 26.07.2019 No. 205-FZ)

2. The age limit for the service of prosecution officers (except scientific and pedagogical employees) in the prosecution bodies and organisations shall be 65 years. The age limit for the prosecution officers appointed by the President of the Russian Federation or at his submission shall be 70 years.

(as amended by the the Federal Laws dated 28.11.2009 No. 303-FZ, dated 21.07.2014 No. 233- FZ, dated 13.07.2015 No. 269-FZ)

By the decision of the head of the relevant prosecution body or organisation, the term of service of the officers who have reached the age limit and hold positions indicated in Articles 14, 15 and 16 of this Federal Law may be extended. The term of employment in the prosecution bodies and organisations may be extended only once for not more than a year.

(as amended by the Federal Laws dated 21.07.2014 No. 233-FZ, dated 22.12.2014 No. 427-FZ, dated 13.07.2015 No. 269-FZ)

The term of employment in the service of the officer who has a disease preventing him/her from performance of his/her official duties of a prosecution officer, as well as an officer who has reached the age of 70 may not be extended. After reaching the above age, the officer may continue his/her work in the prosecution bodies and organisations on the basis of a fixed-term employment contract with the preservation of full rate of salary for his/her position provided for in clause 1 of Article 44 of this Federal Law. (as amended by the Federal Laws dated 28.11.2009 No. 303-FZ, dated 06.11.2011 No. 297-FZ, dated 21.07.2014 No. 233-FZ)

3. Prosecutors shall have the right to resign from office. The grounds for resignation shall  be:

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

a) retirement as provided for in clause 2 of Article 44 of this Federal Law;

b) disagreement with the decisions or actions of a state body or a higher-ranking direct supervisor.

The paragraph was found null and void. - The Federal Law dated 09.11.2020 No. 367-FZ.

The resignation of the prosecutors of the constituent entities of the Russian Federation, the city, district prosecutors and the prosecutors of equivalent status shall be deemed accepted after a decision thereof has been taken by the Prosecutor General of the Russian Federation.

The resignation of other prosecutors shall be deemed accepted after a decision thereof has been taken by the head having the right to appoint them to those positions.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

An entry shall be made in the employment record book of the prosecution officer with indication of his/her most recent position and marked “resigned”. The said information is also entered into the information on the labour activities of the prosecution officer.

(as amended by the Federal Law dated 31.07.2020 No. 268-FZ)

Article 43.1. Guarantees for Officers Elected as Deputy or as Elected Official of State Bodies or Local Self-Government Bodies

(as amended by the Federal Law dated 22.08.2004 No. 122-FZ)

An officer elected as deputy or as elected official of state bodies or local self-government bodies shall, for the period of exercising appropriate powers, shall suspend service in the prosecution bodies and organisations. After termination of the said powers, the officer, if he/she so wishes, shall be entitled to the previous position, - and given its non-availability, - to another equivalent position at the same or at another place of service as agreed by the officer. The afore- mentioned period shall be counted as part of the officer’s total length of employment and length of service which entitles him/her to promotion to the next class rank, bonus for length of service, additional vacation leave, and pension entitlement for length of service.

(as amended by the Federal Laws date 22.08.2004 No. 122-FZ, dated 21.07.2014 No. 233-FZ)

Article 43.2. Exclusion from the Lists of Officers of Prosecution Bodies and Organisations

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

Perished (deceased) officers, as well as officers recognised as missing in accordance with the established procedure, shall be excluded from the lists of officers of prosecution bodies and organisations pursuant to the procedure laid down in the legislation of the Russian Federation. (as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

Article 43.3. Reinstatement in Office, Class Rank, and to Service in Prosecution Bodies and Organisations

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

1. Officers who have been recognised, in accordance to the established procedure, as illegally dismissed, illegally transferred to other positions, or deprived of their class rank, shall be subject to reinstatement to their previous position and class rank, or, upon their consent, to appointment to an equivalent position.

2. Officers who have been reinstated to service in prosecution bodies and organisations shall have the period of their forced absence from service counted as part of their total length of employment and length of service which entitles them to promotion to the next class rank, bonus for length of service, additional vacation leave, and award of pension for length of service.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

1. Further professional education of prosecution officers shall be carried out at least once every five years, with retention of the pay for the period of training.

(clause 1 was amended by the Federal Law dated 21.07.2014 No. 233-FZ)

2. The results of the received further professional education of the prosecution officer shall be taken into account in assessing the issues of his/her suitability for the position held, awards and promotion.

3. Further professional education of prosecution officers shall be carried out using the funds of the federal budget.

Article 43.5. Training of Personnel for the Prosecution System

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

1. Training of personnel for the prosecution bodies shall be carried out in the scientific and educational organisations of the prosecutor's office, as well as in other organisations performing educational activities, including on the basis of the contract on employer-sponsored education, concluded in accordance with the legislation of the Russian Federation.

(as amended by the Federal Law dated 03.08.2018 No. 337-FZ)

The peculiarities of concluding a contract on employer-sponsored education, with the obligation to perform service in bodies and organisations of the prosecutor's office shall be determined by the Prosecutor General of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 06.02.2020 No. 15-FZ)

2. The post graduate education of the prosecution officers under the program for training of scientific and pedagogical employees on a full-time basis shall be carried out in the scientific and educational institutions of the prosecutor's office.

Prosecution officers who receive post graduate education on a full-time basis under the program for training scientific and pedagogical employees shall be released from the held positions and seconded to the relevant scientific and educational institutions of the prosecutor's office.

During the term of post graduate education under the program for training of scientific and pedagogical employees on a full-time basis, the prosecution officers shall retain their official salary, bonuses for class rank and length of service.

The term of post graduate education under the program for training of scientific and pedagogical employees on a full-time basis shall count as the length of service of the prosecution officer entitling him/her to a regular class rank, an extra payment for length of service and long service pension, provided that the service was resumed in the prosecution bodies and organisations not later than one month after the termination of postgraduate education on a full- time basis.

3. If the persons who have received or are receiving higher legal education on the basis of an employer-sponsored education contract, fail to comply with the obligations provided by this contract, they shall be liable in accordance with the legislation of the Russian Federation.

(clause 3 was amended by the Federal Law dated 06.02.2020 No. 15-FZ)

Article 44. Financial Provision and Social Security of Prosecution Officers

1. The pay of prosecution officers shall consist of the official salary, bonus for class rank, for length of service, for special conditions of service (in an amount of 175 per cent of the official salary), for hardships and stressfulness of service, and for high achievements in service (in an amount of 50 per cent of the official salary); percentage additions to salary for doctoral degree and academic rank in the specialty corresponding to official duties, for the honorary title “Meritorious Lawyer of the Russian Federation”; quarterly and annual bonuses for service performance; other payments provided for in legislative and other regulatory legal instruments of the Russian Federation.

(as amended by the Federal Law dated 30.12.2012 No. 284-FZ)

Bonus for hardships and stressfulness of service and for high achievements in service shall be established pursuant to a decision of the head of the prosecution body or organisation, while taking into account the amount of work and service performance of each prosecution officer.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

The pay for the Prosecutor General of the Russian Federation shall be established by the President of the Russian Federation.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ) 

The official salaries for prosecution officers shall be established by the Government of the Russian Federation upon a submission by the Prosecutor General of the Russian Federation, as a percentage of the official salary of the first deputy to the Prosecutor General of the Russian Federation which shall constitute 80 per cent of the official salary of the Chairman of the Supreme Court of the Russian Federation.

The persons occupying certain positions of prosecution officers in the prosecution bodies, shall be entitled to monthly financial incentives calculated on the basis of their official salaries at the rates specified in the annex to this Federal Law. The President of the Russian Federation may establish additional monthly financial incentives for the persons occupying certain state positions of the Russian Federation or federal civil service positions in the Office of the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 30.12.2012 No. 284-FZ)

Bonus for a class rank shall be paid monthly and shall be established as the following percentage of the official salary of the prosecution officer:

Full State Counsellor of Justice: 30 per cent;

1st Class State Counsellor of Justice: 27 per cent; 2nd Class State Counsellor of Justice: 25 per cent; 3rd Class State Counsellor of Justice: 23 per cent; Senior Counsellor of Justice: 21 per cent; Counsellor of Justice: 20 per cent;

Junior Counsellor of Justice: 19 per cent; 1st Class Lawyer: 18 per cent;

2nd Class Lawyer: 17 per cent; 3rd Class Lawyer: 16 per cent; Junior Lawyer: 15 per cent.

Bonus or percentage addition for length of service shall be paid monthly and shall be established as the following percentage of the official salary (salary according to position) and bonus for class rank (salary according to military rank) of the prosecution officer:

(as amended by the Federal Law dated 08.11.2011 No. 309-FZ) from 2 to 5 years - 20 per cent;

from 5 to 10 years - 35 per cent;

from 10 to 15 years - 45 per cent;

from 15 to 20 years - 55 per cent; more than 20 years - 70 per cent.

Percentage additions to salary for post graduate degree and academic rank shall be paid to candidate of sciences or associate professors in the amount of 5 per cent of the official salary, and to doctors of science or professors — in the amount of 10 per cent of the official salary, and for the honorary title “Meritorious Lawyer of the Russian Federation” - in the amount of 10 per cent of the official salary.

Quarterly and annual service performance bonuses to prosecution officers, as well as wages for other officers shall be paid in accordance with the standards laid down for the officers of executive bodies.

(clause 1 was amended by the Federal Law dated 15.07.2005 No. 85-FZ)

1.1. Prosecution officers, as well as citizens dismissed from the prosecution bodies or organisations after being nominated for reward or incentive in accordance with clause 2 of Article 41.6 of this Federal Law when awarding state awards of the Russian Federation or incentive by the President of the Russian Federation, the Government of the Russian Federation shall be paid a one-time incentive at the expense of the wage fund for the officers of the prosecution bodies and organisations.

(clause 1.1 was introduced by the Federal Law dated 31.07.2020 No. 288-FZ)

1.2. In the event of the loss of life (death) of a prosecution officer or the death of a citizen specified in clause 1.1 of this article who was awarded a state award of the Russian Federation or received an incentive from the President of the Russian Federation or the Government of the Russian Federation, as well as in case of awarding a state award of the Russian Federation posthumously, a one-time incentive shall be paid to family members of the prosecution officer or a citizen. The one-time incentive in such cases shall be paid no later than one month after the expiration of the six-month period during which family members of a perished (deceased) prosecution officer or a deceased citizen can apply to the prosecution body or organisation where the said person filled the position for the payment of a one-time incentive. In this case, the specified period is calculated from the date of publication of a legal instrument of the Russian Federation on awarding or incentive of such a prosecution officer or citizen. When several family members apply for a one-time incentive that has not been received by the specified prosecution officer or citizen in connection with his/her perishing (death), the amount of the incentive shall be divided equally among family members.

(clause 1.1 was introduced by the Federal Law dated 31.07.2020 No. 288-FZ)

1.3. The President of the Russian Federation shall establish the size and procedure for payment of a one-time incentive to prosecution officers and citizens dismissed from the prosecution bodies or organisations, as well as to family members of these persons in the cases provided for in clauses 1.1 and 1.2 of this article.

(clause 1.3 was introduced by the Federal Law dated 31.07.2020 No. 288-FZ)

1.4. Family members eligible to receive a one-time incentive provided for in clauses 1.1 and 1.2of this article are the following persons:

a) a spouse who was married to him/her on the day of the perishing (death) of a prosecution officer or the death of a citizen dismissed from the prosecution bodies or organisations;

b) parents of a prosecution officer or a citizen dismissed from the prosecution bodies or organisations;

c) children of a prosecution officer or a citizen dismissed from the prosecution bodies or organisations;

d) persons who were dependent on the perished (deceased) prosecution officer or the deceased citizen dismissed from the prosecution bodies or organisations.

(clause 1.4 was introduced by the Federal Law dated 31.07.2020 No. 288-FZ)

2. Pension provision of prosecutors, scientific and educational employees, and their family members shall be effected in accordance with the conditions, standards, and procedure laid down in the legislation of the Russian Federation for persons who served in the internal affairs bodies and their family members (with the exception of the provisions of part 2 of Article 43 of Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On Pension Provision for Persons Who Have Done Military Service in Internal Affairs Bodies, the State Fire-Fighting Service, Bodies for Control Over the Circulation of Narcotics and Psychotropic Substances and Institutions and Bodies of the Penal System, the National Guard Troops of the Russian Federation, and for the Families of Such Persons”), subject to particularities provided by this Federal Law. 

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 08.11.2011 No. 309-FZ, dated 20.12.2017 No. 406-FZ, dated 27.12.2018 No. 536-FZ, dated 01.10.2019 No. 328-FZ)

Prosecutors, scientific and pedagogical employees and members of their families whose pension provision is carried out in accordance with this clause shall be paid a monthly pension supplement in the amount of additional pay for the class rank specified in clause 1 of this Article, using the coefficients established by the decree of the President of the Russian Federation. The specified monthly supplement to the pension shall be included in the pension. A monthly pension supplement of prosecutors, scientific and pedagogical employees and members of their families whose pensions are calculated using regional coefficients, shall be calculated using these coefficients.

(the paragraph was introduced by the Federal Law dated 20.12.2017 No. 406-FZ)

The official salary, supplement pay for class rank, supplement pay for length of service and monthly pension supplement, on the basis of which pensions are calculated, shall be adjusted in accordance with the federal law on the federal budget for the corresponding fiscal year and planning period.

(the paragraph was introduced by the Federal Law dated 20.12.2017 No. 406-FZ)

Since February 01, 2018, pensions to prosecutors, scientific and pedagogical employees and their family members whose pension provision is carried out in accordance with this clause, shall be calculated based on the official salary, additional pay for class rank, additional pay for length of service and monthly pension supplement, uplifted (adjusted) as of the date of granting or recalculation of the pension. In this respect, the size of official salary, additional pay for class rank, additional pay for length of service and a monthly pension supplement, on the basis of which pensions are calculated, shall be rounded to kopecks after each indexation.

(the paragraph was introduced by the Federal Law dated 20.12.2017 No. 406-FZ)

Prosecutors and scientific and educational employees entitled to pension provision specified in this clause, whose length of service is not less than 20 years, and who do not receive any pension, shall be paid a monthly supplement to their pay in the amount of 50 per cent of the pension that could have been granted to them.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Prosecutors, scientific and educational employees entitled to the pension provision specified in this clause shall be paid severance pay in the event of leaving service due to:

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

a) retirement;

b) resignation;

c) attaining the maximum age for service in prosecution bodies and organisations; (as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

d) state of health or disability;

e) organisational restructuring measures.

f) decline of appointment to the positions proposed due to expiration of the term of office or early termination of powers;

(subclause "f" was introduced by the Federal Law dated 26.07.2019 No. 205-FZ)

g) absence from service for more than four consecutive months due to temporary disability unless a longer period for job (position) retention is provided by the legislation of the Russian Federation in case of a certain disease or unless job (position) retention guarantees are provided by the legislation of the Russian Federation for a certain category of citizens.

(subclause "g" was introduced by the Federal Law dated 26.07.2019 No. 205-FZ)

Prosecutors, scientific and educational employees who are not entitled to pension provision specified in this clause shall only be paid severance pay in the event of their dismissal on the grounds provided for in subclauses “d”, “e” and “g” hereof.

Prosecutors, scientific and educational employees shall be paid severance pay for full years of service in the following amounts:

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

less than 10 calendar years - 5 monthly official salaries (salaries according to position) with bonus for class rank or military rank pay;

(as amended by the Federal Laws date 08.11.2011 No. 309-FZ, dated 04.06.2014 No. 145-FZ) from 10 to 15 calendar years – 10 monthly official salaries (salaries according to position)

with bonus for class rank or military rank pay;

(as amended by the Federal Laws date 08.11.2011 No. 309-FZ, dated 04.06.2014 No. 145-FZ) from 15 to 20 calendar years – 15 monthly official salaries (salaries according to position)

with bonus for class rank or military rank pay;

(as amended by the Federal Laws date 08.11.2011 No. 309-FZ, dated 04.06.2014 No. 145-FZ) 20 calendar years or more - 20 monthly official salaries (salaries according to position)

with bonus for class rank or military rank pay;

(as amended by the Federal Laws date 08.11.2011 No. 309-FZ, dated 04.06.2014 No. 145-FZ)

In case of dismissal of prosecutors and scientific and educational employees after their re- entering service in prosecution bodies and organisations, the severance pay shall be paid with offsetting the severance payments made previously and calculated in official salaries (salaries according to position) with bonus for class rank (military rank pay), including service in other bodies.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 04.06.2014 No. 145-FZ, dated 21.07.2014 No. 233-FZ)

Pension provision of other prosecution officers shall be performed in accordance with the legislation on pension provision for public officials.

3. For service purposes, prosecution officers shall be granted documents enabling to travel by any urban, suburban and local public means of transport (except for taxi), acquired by prosecution bodies from appropriate transport organisation in accordance with the procedure specified by the Government of the Russian Federation. The procedure for travelling of officers of transport prosecutor's offices in pursuance of their official duties, within their areas of operation, by rail, river, sea, and air transport shall be determined by the Government of the Russian Federation. Prosecutors seconded on official missions shall have a priority right to reserve and get accommodations at hotels and acquire travel documents for any means of transport.

(clause 3 was amended by the Federal Law dated 22.08.2004 No. 122-FZ)

The prosecution officer shall be paid once a year the cost of travel by rail, air, water and road (except for taxi) transport to and from the sanatorium and resort organisation subordinate to the Prosecutor General's Office of the Russian Federation (given his/her referral for treatment by a medical organisation to which he/she is assigned). The procedure for compensation of travel expenses shall be established by the Prosecutor General of the Russian Federation. If a prosecution officer is entitled to reimbursement of travel expenses in accordance with the third paragraph of clause 1 of Article 41.4 of this Federal Law, reimbursement of travel expenses shall be made only on a single ground at his/her choice.

(the paragraph was introduced by the Federal Law dated 29.07.2017 No. 246-FZ)

The prosecution officer who receives a pension in the procedure provided for by the first paragraph of clause 2 of this Article (with the exception of persons dismissed on the grounds specified in subclauses "c" - "f" of clause 1 of Article 43 of this The Federal Law) and one of his/her family members, as well as the prosecution officer who was dismissed from the prosecution bodies or organisations and was disabled due to injury or other damage to health in connection with the performance of official duties, or due to a disease contracted in the course of service in the prosecution bodies or organisations, shall be paid monetary compensation for the expenses associated with the cost of travel by rail, air, water and road (except for taxi) transport to and from the sanatorium-resort organisation subordinate to the Prosecutor General's Office of the Russian Federation (once a year). The procedure for reimbursement of travel expenses shall be determined by the Prosecutor General of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 29.07.2017 No. 246-FZ)

4. Found null and void. - The Federal Law dated 31.12.2017 No. 492-FZ.

5. The paragraph was deleted. - The Federal Law dated 28.06.2002 No. 77-FZ.

5. Installation of telephones in living quarters occupied by prosecutors shall be carried out on a high priority basis at current tariff rates. On the same priority basis, prosecutors’ children shall be granted places at children’s preschool organisations, general education organisations that have boarding facilities, and summer health-improvement facilities.

(as amended by the Federal Laws dated 28.06.2002 No. 77-FZ, dated 22.08.2004 No. 122-FZ, dated 28.12.2010 No. 404-FZ, dated 02.07.2013 No. 185-FZ)

6. Medical care (including provision of medicines) of prosecution officers and their family members living with them shall be financed from the funds of the federal budget.

(as amended by the Federal Law dated 25.11.2013 No. 317-FZ)

7. The paragraph was found null and void. - The Federal Law dated 29.07.2017 No. 246-FZ.

The paragraph was deleted. - The Federal Law dated 28.06.2002 No. 77-FZ.

Medical care of prosecution officers who receive pensions and their family members, as well as of parents, spouses, and minor children of perished (deceased) prosecution officers shall be carried out, pursuant to clause 6 of this Article, in the healthcare facilities to which they were assigned.

(as amended by the Federal Law dated 28.06.2002 No. 77-FZ, dated 25.11.2013 No. 317-FZ)

8. Found null and void. - The Federal Law dated 22.08.2004 No 122-FZ.

Article 44.1. Provision of Prosecutors with Living Accommodation

(was introduced by the Federal Law dated 31.12.2017 No. 492-FZ)

1. Provision of prosecutors with living accommodation, taking into account the their family members living together with them, shall be carried out in accordance with the procedure and the terms established by this Federal Law, other federal laws and other statutory legal instruments of the Russian Federation, within the limits of budgetary allocations provided in the prosecutor's office of the Russian Federation, by granting to prosecutors a one-time social payment for the acquisition or construction of residential premises (hereinafter referred to as the one-time social payment).

2. Prosecutors and persons referred to in clause 17 of this Article, at their application or with their consent, may be granted ownership for living accommodation, instead of one-time social payment by the decision of the Prosecutor General of the Russian Federation, given there are appropriate grounds and terms set forth in this Article.

3. The one-time social payment shall be granted to prosecutors who have worked in the prosecution bodies and organisations for at least 10 years in calendar terms in the class ranks positions of prosecutors, employees of scientific and educational organisations, who were found as being in need of living accommodation, once throughout the entire term of the civil service, including in the prosecution bodies and organisations.

4. With the view of providing the one-time social payment or ownership to the living accommodation the prosecutor shall be recognised as being in need of living accommodation if he/she:

a) is not a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, a family member of a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, or an owner of the living premises or a family member of the owner of the living premises;

b) is a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, a family member of a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, or an owner of the living premises or a family member of the owner of the living premises with less than 15 square meters of living space per one family member;

c) is residing in the premises that do not meet the standards for living accommodation, regardless of the size of the occupied premises;

d) is a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, a family member of a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, or an owner of the living premises or a family member of the owner of the living premises living in an apartment occupied by several families, given there is a sick person in the family suffering from a severe form of a chronic disease, which makes it impossible living together with him/her in one apartment, and does not have any other premises occupied under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs or based on ownership rights. A list of relevant diseases is established by the federal executive body authorized by the Government of the Russian Federation;

e) is residing in a communal apartment regardless of the size of the occupied living premises;

f) is residing in an adjacent non-isolated room or in a one-room apartment consisting of two families and more regardless of the size of the occupied living premises, including where the family consists of parents and adult married children who permanently reside together with the prosecutor.

5. If the prosecutor and (or) his/her family members have several living premises under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs and (or) based on ownership rights, the assessment of the level of availability of the total area of the living premises with the view of granting the one-time social payment or ownership right to living accommodation shall be carried out based on the summed up total area of all these living premises.

6. When assessing the level of public prosecutors’ provision with the total living area for granting the one-time social payment or living accommodation for ownership, including in evaluating the actions that caused deterioration of their housing conditions, the family members shall be understood persons designated as family members in the Housing Code Russian Federation.

When calculating the amount of the one-time social payment, as well as assessing the total space of the living premises provided for ownership, in accordance with this Federal Law, the spouse (spouse) married to the prosecutor or married to the perished (deceased) the prosecutor  on the day of perishing (death), minor children, children over 18 who became disabled before reaching the age of 18, children under the age of 23 who study in full time educational institutions performing their activities in accordance with basic educational programs.

7. When calculating the amount of the one-time social payment, as well as assessing the total area of the living premises provided for ownership, the following standards for the provision of living area shall be applied:

a) 33 square meters of the total living area - per one person;

b) 42 square meters of the total living area - for a family of two;

c) 18 square meters of the total living area for each family member - for a family of three or more people.

 8. Prosecutors shall have the right to additional living area.

When calculating the amount of the one-time social payment, consideration shall be made of the right of prosecutors to additional living area of 15 square meters of the total floor area of the living premises, and when providing a living accommodation for ownership, to additional floor area of 20 square meters of the total area of living premises.

If the prosecutor and (or) his/her family members have the right to additional living area on other grounds in accordance with the legislation of the Russian Federation, and if prosecutors are members of the same family, the size of additional area shall not be summed up.

9. Taking into account the constructive and technical parameters of a multi-apartment or residential building, a living accommodation may be provided for ownership the total space of which exceeds the total floor space of a living premise determined in accordance with clauses 7 and 8 of this Article, taking into account the right to additional living area, but not more than 9 square meters of the total floor area of premise.

10. Residential premises with the total living area exceeding the total living area determined in accordance with clauses 7 and 9 of this Article may be provided to prosecutors  and persons referred to in clause 17 of this Article, for ownership with their consent, providing that the payment for the total area of the living premise exceeding this size is made with their own funds, based on the average market value of one square meter of the total living area for the constituent entities of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by the Federal Law dated 27.12.2019 No. 516-FZ)

The procedure for payment for the total area of a living premise exceeding the size of the total area of a living premise determined on the basis of clauses 7 to 9 of this Article shall be established by the Government of the Russian Federation.

11. The one-time social payment shall be provided in order of priority based on the date of application for registration as being in need of living premises.

12. Prosecutors and persons referred to in clause 17 of this Article registered as being in need of living premises, with three or more children living with them, or awarded a badge "Honorary Officer of the Prosecutor's Office of the Russian Federation", or awarded the title of Hero of the Russian Federation, or former participants or service-disabled veterans of combat operations, are entitled to the one-time social payment prior to the prosecutors and persons specified in clause 17 of this Article registered the same year.

13. The right of persons referred to in clause 12 of this Article to provision with the one- time social payment on a priority basis shall be carried out taking into account the date of their application for registration as being in need of living premises.

14. Prosecutors who, with the intention to receive the one-time social payment or a living accommodation for their ownership, have carried out actions that caused deterioration of housing conditions, resulting in recognising them as being in need of living premises, shall be registered as being in need of living premises not earlier than five years from the date of the said actions.

15. Intentional actions resulting in deterioration of the housing conditions of the prosecutor shall be actions of the prosecutor or his/her family members involving:

a) settling in the living premise of other persons (except for settling of the spouse, minor children, disabled parents, and children over 18 who became disabled before reaching the age of 18);

b) the change of living accommodation (exchange of living accommodation);

c) failure to comply with the terms and conditions of the social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, which resulted in eviction from the housing premises in a judicial procedure;

d) the allotment of shares by the owners of living premises from the common ownership to living premises;

e) the alienation of living premises or their parts.

16. The procedure for calculating the size of the one-time social payment and its transfer to prosecutors and persons specified in clause 17 of this Article shall be determined by the Government of the Russian Federation.

17. The right to provide the one-time social payment or, in accordance with the decision of the Prosecutor General of the Russian Federation, to provide a residential premise shall be retained by the following persons who are in need of residential premises:

a) persons dismissed from the prosecutor's office with the right to a pension, given they are recognised as being in need of living premises during the period of service on the grounds provided for in this Article, with the exception of persons dismissed in accordance with subclauses "b" - "e" of clause 1 of Article 43 of this Federal Law;

b) the family members of the prosecutor who lived together with the prosecutor if the prosecutor perished (deceased) due to injury or other damage to health in connection with the performance of his/her official duties, or due to illness received during the service, regardless of the length of service of the perished (deceased) prosecutor, if these family members are deemed being in need of living accommodation on the grounds provided for in this Article, or if these grounds existed at the time of the prosecutor’ death and remained after his/her death. In this case, the one-time social payment or living accommodation for ownership shall be provided to the above-mentioned family members in equal shares. For widows (widowers) of prosecutors, the right to one-time social payment or living premises for ownership shall be retained until another marriage;

c) the disabled persons of I and II groups who were dismissed from the prosecutor's office for health reasons, regardless of the length of service whose disability occurred as a result of injury or other damage to health received in connection with the performance of official duties, or due to illness received during the period of service, given they are recognised as being in need of living premises on the grounds provided for in this Article, or given these grounds existed at the time of their dismissal.

18. Prosecutors who do not have living accommodation at the place of service shall be provided with service residential premises.

19. With the view of providing with service residential premises the prosecutor shall be deemed having no living accommodation if he/she:

a) is not a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, a family member of a tenant under a social rental agreement or rental agreement for living premises of the housing facilities allocated for social needs, or an owner of the living premises or a family member of the owner of the living premises;

b) is a tenant of residential premises under a social rental agreement or rental agreement for residential premises of the housing facilities allocated for social needs, a family member of a tenant of residential premises under a social rental agreement or rental agreement for residential premises of the housing facilities allocated for social needs, or an owner of the living premises or a family member of the owner of the residential premises but is unable to return every day to these residential premises due to far distance from the place of service.

20. The composition of the family of the prosecutor for provision with service residential premises and the standards for the provision of service residential premises shall be determined in accordance with the second paragraph of clause 6 and clause 7 of this Article. The grounds and conditions for the provision of additional area for service residential premises in accordance with the standards determined in accordance with the second paragraph of clause 8 of this Article shall be established by the Prosecutor General of the Russian Federation. If it is not possible to provide the prosecutor with service residential premises in accordance with established standards, he/she may be provided upon his/her consent with service residential premises of lesser area.

21. If it is not possible to provide service residential premises to a prosecutor who is recognised as having no residential premises at the place of service, a monthly compensation shall be paid to him/her for renting (sub-renting) the residential premises in the amount and order established by the Government of the Russian Federation.

22. The employees occupying positions in the scientific and educational organisations of the prosecutor's office for which class ranks are assigned shall be provided with service residential premises in the procedure and in accordance with the terms and conditions specified in clauses 18 to 21 of this Article.

23. The persons referred to in subclauses "b" and "c" of clause 17 of this Article living in service residential premises shall have the right to live in such residential premises until they receive one-time social payment.

24. Persons living in service residential premises, who have received one-time social payment in accordance with this Article, shall retain the right to reside in such residential premises within three months from the date of one-time social payment.

25. The procedure for recognising prosecutors as being in need of residential premises for the purpose of providing one-time social payment or residential premises for ownership as having no residential premises at the place of service, including prosecutors in the list of those being in need of residential premises with the view to be granted one-time social payment or residential premises for ownership, as having no residential premises at the place of duty, maintaining the appropriate types of accounting and the procedure for making decisions on the provision of one-time social payment or residential premises for ownership, service premises shall be established the Prosecutor General of the Russian Federation.

Article 45. Measures of Legal Protection and Social Support of Prosecutors

(as amended by the Federal Laws dated 22.08.2004 No. 122-FZ dated 28.12.2010 No. 404-FZ)

1. Prosecutors as representatives of state bodies shall be under special government protection. The same protection shall extend to their near relatives and, in exceptional cases, also to other persons whose life, health, and property are being encroached with a view to obstructing the prosecutors’ lawful activities, or to compel them to introduce changes in the nature of these activities, or out of revenge for the said activities. The same protection shall extend to the property of the said persons.

(as amended by the Federal Laws dated 05.10.2002 No. 120-FZ, dated 28.12.2010 No. 404-FZ)

The procedure and conditions for the implementation of government protection of prosecutors shall be specified in the Federal Law “On Government Protection of Judges and Officials of Law Enforcement and Controlling Agencies”, as well as in other statutory legal instruments of the Russian Federation.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

The Prosecutor’s Office of the Russian Federation shall have a service for its own internal security and physical protection of its officers and may create departmental security guard.

(as amended by the Federal Law dated 29.07.2017 No. 238-FZ)

2. The funerals of any prosecutors perished (deceased) in connection with the discharge of their duties of office as well as prosecutors dismissed from service who have died by reason of bodily injuries or other harm to their health caused in connection with performance of their duties of office shall be carried out using the funds allocated for the financing of prosecution bodies.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

3. Prosecutors shall have the right, in accordance with the procedure established by the legislation of the Russian Federation, to carry and keep hand-held combat weapons, personal protective equipment and special devices intended for personal protection, as well as to use them. The types and models of the said weapons, personal protective equipment and special devices shall be established by the Government of the Russian Federation.

(clause 3 was amended by the Federal Law dated 18.04.2018 No. 84-FZ)

4. Prosecutors shall be subject to compulsory personal insurance by the government for an amount equal to 180 times the amount of their average monthly pay.

(as amended by the Federal Law date 22.08.2004 No. 122-FZ dated 28.12.2010 No. 404-FZ)

5. The state insurance bodies shall pay out the insurance coverage amounts in the following cases:

perishing (death) of the prosecutor during his/her employment or after dismissal if it has occurred by reason of bodily injuries or other harm to his/her health caused in connection with his/her official activities - to his heirs, in an amount equal to 180 times the amount of prosecutor’s average monthly pay;

infliction of bodily injuries on the prosecutor or other harm to his/her health in connection with his/her official activities, which render it impossible for him/her to continue professional activities - in an amount equal to 36 times the amount of his/her average monthly pay;

infliction of bodily injuries on the prosecutor or other harm to his/her health in connection with his/her official activities, which have caused no persistent loss of work capacity and have had no impact on the ability to continue performing professional activities by him/her - in an amount equal to 12 times the amount of his/her average monthly pay.

In the event of infliction of bodily injuries on the prosecutor or other harm to his/her health in connection with his/her official activities, which render it impossible for him/her to continue professional activities, he/she shall be paid a monthly compensation in an amount equal to the difference between his/her average monthly pay and the pension awarded to him/her in connection with the above, not taking into account the sum of payments received under the government compulsory personal insurance plan.

In the event of perishing (death) of a prosecutor in connection with the discharge of his/her official duties, as well as of a prosecutor dismissed from service who have died by reason of bodily injuries or other harm to his/her health caused in connection with the discharge of their duties of office, the his/her family members who are incapable of working and dependent on him/her shall be paid a monthly compensation in an amount equivalent to the difference between their share of the average monthly pay of the perished (deceased) person and the pension awarded to them in connection with loss of breadwinner, not taking into account the sum of payments received under the government compulsory personal insurance plan. In order to determine the said share of the pay, the average monthly pay of the perished (deceased) person shall be divided by the number of family members dependent on him/her, including those capable of working.

The family of the perished (deceased) person shall retain the right to obtain suitably equipped residential premises on the conditions and grounds present at the time of perishing (death) of the prosecutor.

Damage caused by the destruction or spoilage of property belonging to a prosecutor or his/her family members in connection with his/her official activities shall be subject to compensation in full to the prosecutor or his/her family members, including lost profits, in accordance with the procedure established by the Government of the Russian Federation.

(clause 5 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

6. The only ground for refusal to pay out the insurance coverage amounts and compensations in cases provided for in this Article shall be a court judgment or resolution against the person found guilty of perishing (death) of the prosecutor, inflicting bodily injuries on him/her, or destruction or spoilage of property belonging to him/her, that has established that the said events are unrelated to the official activities of the prosecutor.

(clause 6 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Section VI. PARTICULARITIES OF ORGANISATION AND SUSTAINMENT OF ACTIVITIES OF MILITARY PROSECUTION BODIES

Article 46. Structure and Organisation of Military Prosecution Bodies

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

1. The system of military prosecution bodies shall be comprised of the Chief Military Prosecutor’s Office, military prosecutor’s offices of military districts, fleets, Strategic Missile Troops, Moscow City Military Prosecutor’s Office, and other military prosecutor’s offices with a status equivalent to prosecutor’s offices of the constituent of the Russian Federation, military prosecutor’s offices of armies, divisions, garrisons, and other military prosecutor’s offices with a status equivalent to city and district prosecutor’s offices (hereinafter referred to as the “military prosecution bodies”).

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Under a decision of the Chief Military Prosecutor, prosecutor’s sections may be set up in military prosecutor’s offices of equivalent status to city and district prosecutor’s offices.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

In the areas where, due to exceptional circumstances, any other prosecution bodies of the Russian Federation do not operate, as well as outside of the territory of the Russian Federation where the troops of the Russian Federation are present pursuant to international treaties, prosecutorial functions may be entrusted by the Prosecutor General of the Russian Federation to military prosecution bodies.

2. The formation, reorganisation and liquidation of military prosecution bodies, determination of their status, competence, structure, and staffing tables, approval of a list of military positions in the military prosecution bodies, except for the military positions to be occupied by the senior officers, shall be carried out by the Prosecutor General of the Russian Federation, other organisational and staffing issues are resolved by the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor within the established number of the military prosecution bodies of the Russian Federation.

(clause 2 was amended by the Federal Law dated 04.06.2014 No. 145-FZ)

3. The military prosecution bodies shall be headed by the Deputy Prosecutor General of the Russian Federation – Chief Military Prosecutor, who shall manage the activities of military prosecution bodies, provide for the selection, deployment, and training of staff, carry out qualification assessment of military prosecutors, issue orders and directions binding on all military prosecutor’s offices.

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

4. The military prosecution bodies shall exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies created pursuant to federal laws and other statutory legal instruments.

Article 46.1. The Chief Military Prosecutor’s Office

(was introduced by the Federal Law dated 10.02.1999 No. 31-FZ)

1. The Chief Military Prosecutor shall have a first deputy and deputies, senior assistants for special assignments, whose status shall correspond to that of a head of department, and assistants for special assignments, whose status shall correspond to that of a deputy head of department.

2. The structure of the Chief Military Prosecutor’s Office shall consist of directorates, divisions (independent ones and acting as part of a directorate), a clerical office and a reception office. Heads of directorates and independent divisions shall be senior assistants, and their deputies and heads of divisions being part of a directorate, clerical and reception offices shall be assistants to the Chief Military Prosecutor. The regulations on structural subdivisions of the Chief Military Prosecutor’s Office shall be approved by the Chief Military Prosecutor.

3. The positions of senior prosecutors and prosecutors shall be established in directorates and divisions.

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

4. A board consisting of the Chief Military Prosecutor (the chairman), his/her first deputy and deputies (ex officio), and other prosecution officers appointed by the Chief Military Prosecutor shall be set up in the Chief Military Prosecutor’s Office. The personal composition of the board shall be approved by the Prosecutor General of the Russian Federation upon a submission by the Chief Military Prosecutor.

Article 47. Powers of Military Prosecutors

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

1. The Chief Military Prosecutor and prosecutors subordinate to him/her shall have, within the limits of their competence, powers determined by this Federal Law and exercise them independently of the command and military administration bodies in accordance with the legislation of the Russian Federation.

2. Military prosecutors shall also have the following powers:

to participate in sessions of boards, military councils, and command meetings of military administration bodies;

to order external audits and inspections, the costs of which shall be reimbursed, pursuant to the prosecutor’s resolution, by the military administration bodies which provide funds for the inspected units and institutions;

to enter unhindered, upon presentation of his/her service identification document, the grounds and premises of military units, enterprises, institutions, organisations, and headquarters irrespective of their regime and to have access to their documents and materials;

to check the lawfulness of detainment of sentenced, arrested, and apprehended military personnel in military arrest facilities, disciplinary military units, and other places of detainment, and to immediately release the persons unlawfully detained there;

to require to provide the guarding, detention, and convoy for persons detained in arrest facilities, as well as in other places of detention, by military units, military police of the Armed Forces of the Russian Federation, internal affairs bodies and institutions of the Russian Federation, respectively.

(as amended by the Federal Laws dated 07.02.2011 No. 4-FZ, dated 03.02.2014 No. 7-FZ)

Article 48. Staff of Military Prosecution Bodies

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

1. Citizens of the Russian Federation who, given their state of health, are fit for military service, have entered military service, hold an officer rank, and comply with the requirements of Article 40.1 of this Federal Law may be appointed military prosecutors.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ, dated 28.12.2010 No. 404-FZ, dated 02.04.2014 No. 68-FZ)

2. Under the resolution of the Prosecutor General of the Russian Federation or upon his/her consent, civilians may be appointed to positions of military prosecutors.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

3. The Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor shall be appointed to office and dismissed from office in accordance to the procedure established by Article 12.1 of this Federal Law. The Chief Military Prosecutor shall be subordinate and accountable to the Prosecutor General of the Russian Federation.

4. Military prosecutors shall be subordinate and accountable to higher-ranking prosecutors and the Prosecutor General of the Russian Federation.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 09.11.2020 No. 367-FZ)

5. Deputies to the Chief Military Prosecutor, heads of directorates and divisions of the Chief Military Prosecutor’s Office and their deputies, as well as deputy prosecutors of military districts, fleets, and deputies to prosecutors of equivalent status shall be appointed to office and dismissed from office by the Prosecutor General of the Russian Federation, with the exception of prosecution officers applying for a position for which the assignment of military ranks of senior officers is provided, or replacing such a position.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 09.11.2020 No. 367-FZ)

6. Other prosecutors of the Chief Military Prosecutor’s Office shall be appointed to office and dismissed from office by the Chief Military Prosecutor, with the exception of military prosecutors applying for a position for which the assignment of military ranks of senior officers is provided, or which are replacing such a position, as well as military prosecutors appointed to office and dismissed from office by the Prosecutor General of the Russian Federation.

(clause 6 was amended by the Federal Law dated 09.11.2020 No. 367-FZ)

7. Prosecutors of military districts, fleets, and prosecutors of equivalent status shall appoint to office and dismiss from office military prosecutors of their executive offices and lower- ranking prosecutor’s offices.

(as amended by the Federal Laws dated 10.02.1999 No. 31-FZ, dated 05.06.2007 No. 87-FZ)

8. Officers of military prosecution bodies shall have the status of military personnel and serve in the military prosecution bodies in accordance with the Federal Law “On Military Duty and Military Service” and shall have the rights and social guarantees established by the Federal Law “On the Status of Military Personnel”, this Federal Law, and other statutory legal instruments of the Russian Federation. The age limit for being in the military service in the military prosecution bodies shall be regulated by the Federal Law “On Military Duty and Military Service”.

(clause 8 was amended by the Federal Law dated 04.06.2014 No. 145-FZ)

9. Military officers' enlistment (citizens’ enrolment in the military service) in the military prosecution bodies and their dismissal from the military service shall be performed by the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor.

(as amended by the Federal Law dated 04.06.2014 No. 145-FZ (amendment dated 19.12.2016))

The transfer of a military officer from the military prosecution bodies to a new place of military service shall be carried out in accordance with the Regulations on the Procedure for the Conduct of Military Service in the general procedure provided for other military officers.

(the paragraph was introduced by the Federal Law dated 19.12.2016 No. 434-FZ)

Dismissal of senior military officers shall be carried out by the President of the Russian Federation upon the submission of the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 19.12.2016 No. 434-FZ)

(clause 9 was amended by the Federal Law dated 04.06.2014 No. 145-FZ)

10. Positions of military prosecutors and military ranks corresponding to them shall be included in the lists of military positions.

Military ranks to the military officers of military prosecution bodies shall be assigned in accordance with the Federal Law “On Military Duty and Military Service”.

(as amended by the Federal Law dated 04.06.2014 No.145-FZ)

Assignment of the first military rank of an officer, a military rank of a colonel of justice, accelerated promotion in military rank of an officer, promotion to one level above the military rank stipulated by the staff schedule for the held military position, military rank to military officers who are successfully receiving post-graduate military training on a full-time basis, including as a doctoral students up to and inclusive the colonel of justice shall be made by the Prosecutor General of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 04.06.2014 No. 145-FZ)

Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor has the right to assign military ranks to the lieutenant colonel of justice inclusive, military district prosecutors - up to the major of justice inclusive.

(the paragraph was introduced by the Federal Law dated 04.06.2014 No. 145-FZ)

The approval of the list of military positions to be filled by senior officers in the military prosecution bodies and the assignment of military ranks of senior officers to military prosecutors shall be carried out by the President of the Russian Federation upon the submission of the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 09.11.2020 No. 367-FZ)

Military ranks of officers of military prosecution bodies shall correspond to class ranks of prosecutors of territorial prosecution bodies.

Upon separation of the military prosecution officers (up to and inclusive the colonel) from military service and their admission to the territorial or specialised prosecution bodies, they shall be assigned class ranks corresponding to their military ranks, and upon entry in the military service of prosecutors having class ranks (up to the senior counsellor of justice inclusive), they shall be assigned the appropriate military ranks.

(clause 10 was amended by the Federal Law dated 28.12.2010 No. 404-FZ)

11. The assessment of qualifications of military prosecutors shall be carried out in accordance with the procedure established by the Prosecutor General of the Russian Federation for all prosecution officers, taking into account the particularities of military service.

(as amended by The Federal Law dated 28.12.2010 No. 404-FZ)

Military prosecutors shall be assigned qualification grades taking into consideration their professional experience and qualifications, in accordance with the procedure established by the Prosecutor General of the Russian Federation.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

(clause 11 was amended by the Federal Law dated 05.06.2007 No. 87-FZ)

12. Military prosecutors shall receive incentives and be held disciplinary liable in accordance with this Federal Law and the Disciplinary Regulations of the Armed Forces of the Russian Federation. Only higher-ranking military prosecutors and the Prosecutor General of the Russian Federation shall have the right to grant incentives and impose disciplinary penalties.

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ dated 28.12.2010 No. 404-FZ)

13. The number of military and civil officers of military prosecution bodies shall be established by the President of the Russian Federation upon the submission of the Prosecutor General of the Russian Federation in proportion to the number of officers of the Armed Forces of the Russian Federation, other troops, military formations, and bodies in which military service is provided for by the federal law, and shall be included in the number of officers of the Prosecutor's Office of the Russian Federation.

(clause 13 was amended by the Federal Law dated 04.06.2014 No. 145-FZ)

Article 49. Financial and Social Provision of Military Officers and Employees of Military Prosecution Bodies

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

1. Military officers of military prosecution bodies shall be subject to the legislation of the Russian Federation which provide for legal and social guarantees, pension support (with the exception of the provisions of part 2 of Article 43 of Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On Pension Provision for Persons Who Have Done Military Service in Internal Affairs Bodies, the State Fire-Fighting Service, Bodies for Control Over the Circulation of Narcotics and Psychotropic Substances and Institutions and Bodies of the Penal System, the National Guard Troops of the Russian Federation, and for the Families of Such Persons”), medical care, and other kinds of provision for military officers taking into account the particularities laid down by this Federal Law.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 08.11.2011 No. 309-FZ, dated 27.12.2018 No. 536-FZ, dated 01.10.2019 No. 328-FZ)

2. The pay of military prosecutors shall consist of the official salary; military rank pay; bonus for special conditions of service (in an amount of 50 per cent of the official salary); bonus for hardships, stressfulness, and special regime of service (in an amount of up to 50 per cent of the official salary); rated increase for length of service (in the amount specified in the 18th - 23rd paragraphs of clause 1 of Article 44 of this Federal Law), rated increases for doctoral degree, for the honorary title “Meritorious Lawyer of the Russian Federation” (in the amount specified in  the 24th paragraph of clause 1 of Article 44 of this Federal Law), as well as other bonuses and additional payments provided for the military officers. The official salaries for military prosecutors shall be established in accordance with the fourth paragraph of clause 1 of Article 44 of this Federal Law with the application of the rate of 1.5 which is not used in calculating pensions in accordance with the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On Pension Provision for Persons Who Have Done Military Service in Internal Affairs Bodies, the State Fire-Fighting Service, Bodies for Control Over the Circulation of Narcotics and Psychotropic Substances, the National Guard Troops of the Russian Federation, and Institutions and Bodies of the Penal System, and for the Families of Such Persons”.

(as amended by the Federal Laws dated 08.11.2011 No. 309-FZ, dated 04.06.2014 No. 145-FZ, dated 27.12.2018 No. 536-FZ, dated 01.10.2019 No. 328-FZ)

The one-time incentive provided for in clause 1.1 of Article 44 of this Federal Law shall be paid to military prosecutors or their family members in accordance with parts 2.3 - 2.6 of Article 3 of the Federal Law dated November 07, 2011 No. 306-FZ "On the Monetary Allowance for Military Officers and the Provision of Separate Payments to Them".

(the paragraph was introduced by the Federal Law dated 31.07.2020 No. 288-FZ)

The official salary, the military rank pay and the rated increase for length of service, taken into account in calculating pensions of military prosecutors and their family members, are subject to indexation in the procedure prescribed by the 3rd and 4th paragraphs of clause 2 of Article 44 of this the Federal Law.

(the paragraph was introduced by the Federal Law dated 20.12.2017 No. 406-FZ)

3. Military prosecutors who have right to pension for length of service shall be paid a monthly bonus to their monetary allowance in the amount of 50 per cent of the pension that could be granted to them.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Upon separation from military service of military prosecution officers who have right to pension for length of service, as well upon dismissal for health reasons or due to organisational and staff arrangements, they shall be paid severance pay for full years of service in the amounts specified in clause 2 of Article 44 of this Federal Law. The military officers of the military prosecution bodies who received this severance pay shall not be paid the allowance provided for by part 3 of Article 3 of the Federal Law dated November 07, 2011 No. 306-FZ "On the Monetary Allowance for Military Officers and the Provision of Separate Payments to Them". (the paragraph was introduced by the Federal Law dated 04.06.2014 No. 145-FZ)

3.1. Pension provision for military officers of military prosecution bodies dismissed from military service before January 01, 2017, and their family members shall be carried out respectively by the Ministry of Defence of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, and the Federal Security Service of the Russian Federation. Pension provision for persons dismissed from military service in military prosecution bodies after January 01, 2017 and their family members shall be carried out by the Prosecutor General's Office of the Russian Federation.

(clause 3.1 was introduced by the Federal Law dated 04.06.2014 No. 145-FZ)

3.2. Medical and clinical examinations for military officers of military prosecution bodies and their family members, medical care for them and their family members, their sanatorium treatment, medical and psychological rehabilitation and organised recreation (hereinafter referred to as medical care) in accordance with federal laws and other statutory legal instruments of the Russian Federation shall be carried out in medical and military medical divisions, units and institutions (organisations), sanatorium and health resort and recreational institutions (organisations) of the Ministry of Defence of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, other federal executive bodies, in which military service is provided by the federal law (hereinafter referred to as military and medical institutions), with the mutual settlement of accounts in the procedure prescribed by the Government of the Russian Federation.

(clause 3.2 was introduced by the Federal Law dated 04.06.2014 No. 145-FZ; as amended by the Federal Law dated 21.07.2014 No. 353-FZ)

3.3. Medical care for citizens dismissed from military service in military prosecution bodies before January 01, 2017, and their family members in accordance with the Federal laws and other statutory legal instruments of the Russian Federation, shall be provided by military and medical institutions in which they were registered (serviced) and for citizens dismissed from military service in the military prosecution bodies after January 01, 2017, and their family members - by the same military medical institutions, with the mutual settlement of accounts in the procedure prescribed by the Government of the Russian Federation.

(clause 3.3 was introduced by the Federal Law dated 04.06.2014 No. 145-FZ)

3.4. Military officers of the military prosecution bodies and their family members shall be provided with residential premises at the expense of the federal budget in accordance with the standards and procedures established by the legislation of the Russian Federation for military officers, taking into account the right of prosecutors for additional area of residential premises provided for in clause 8 of Article 44.1 of this Federal Law in the following sizes:

when granting an allowance for acquisition or construction of a residential premise (housing allowance), a one-time payment for acquisition or construction of a residential premise, when issuing state housing certificates - in the amount of 15 square meters of the total are of the residential premise;

when providing a residential premise for ownership free of charge or under a social rental agreement - in the amount of 20 square meters of the total area of the residential premise;

when providing service residential premise - in accordance with the second paragraph of clause 20 of Article 44.1 of this Federal Law.

If the right exists for additional area of residential premises in accordance with the legislation of the Russian Federation on several grounds, an increase in the size of the total area of residential premises shall be made only in accordance with one of them.

The register of military officers of military prosecution bodies and their family members who need to be provided with residential premises from specialised housing stock, as well as the register of military officers of military prosecution bodies and their family members who were recognised as being in need of housing after January 01, 2017, shall be maintained by the Prosecutor General's Office of the Russian Federation.

(as amended by the Federal Law dated 30.10.2018 No. 347-FZ)

The allocation of residential premises from specialised housing stock to the military prosecution bodies for the military officers of these bodies, as well as the conclusion with military officers of military prosecution bodies of a rental agreement for the residential premises from specialised housing stock shall be carried out by the Ministry of Defence of the Russian Federation, the Federal Service of National Guard Troops of the Russian Federation, the Federal Security Service of the Russian Federation, other federal executive bodies in which military service is envisaged by the federal law, in proportion to the number of military officers of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which military service is envisaged by the federal law, on the basis of the information provided by the Office of the Prosecutor General of the Russian Federation on registration of military officers of military prosecution bodies and their families who need to be provided with residential premises from specialised housing stock. The procedure for allocation of residential premises from specialised housing stock to military prosecution bodies and the procedure for conclusion with military officers of military prosecution bodies of a rental agreement for the residential premises from specialised housing stock shall be determined by joint statutory legal instruments of the Ministry of Defence of the Russian Federation, the Federal Service of National Guard Troops of the Russian Federation, the Federal Security Service of the Russian Federation, other federal executive bodies in which military service is envisaged by the federal law, and the Office of the Prosecutor General of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 30.10.2018 No. 374-FZ) (as amended by the Federal Law dated 31.12.2017 No. 492-FZ)

3.5. Found null and void. - The Federal Law dated 30.10.2018 No.374-FZ.

4. The legal status and financial support of the civil officers of the military prosecution bodies shall be determined according to the rules provided for the officers of the territorial prosecution bodies.

(as amended by the Federal Law dated 28.12.2010 No. 404-FZ)

Article 50. Support of Activities of Military Prosecution Bodies

(as amended by the Federal Law dated 04.06.2014 No.145-FZ)

(as amended by the Federal Law dated 05.06.2007 No. 87-FZ)

1. Found null and void. - The Federal Law dated 04.06.2014 No.145-FZ.

2. The Ministry of Defence of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Service of National Guard Troops of the Russian Federation, other federal executive bodies, in which military service is envisaged by the federal law, shall provide the military prosecution bodies with transport, communications, information processing facilities and organisational multiplying equipment, office premises (given separate premises cannot be provided to the military prosecution bodies), storage of their archives, other types of financial support needed to carry out the tasks by the military prosecution bodies, clothing and food supply of military officers of the military prosecution bodies, with the mutual settlements according to the procedure established by the Government of the Russian Federation.

(as amended by the Federal Law dated 30.10.2018 No. 347-FZ)

Financial and material support of the military prosecution bodies located outside the territory of the Russian Federation shall be carried out by the Ministry of Defence of the Russian Federation and other federal executive bodies in which military service is envisaged by the federal law, with mutual settlements according to the procedure established by the Government of the Russian Federation.

The Ministry of Defence of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Service of the National Guard Troops of the Russian Federation and other federal executive bodies, in which military service is envisaged by the federal law, shall provide training (education) for officers of the military prosecution bodies, with mutual settlements according to the procedure established by the Government of the Russian Federation. (as amended by the Federal Law dated 30.10.2018 No. 347-FZ)

The Office of the Prosecutor General of the Russian Federation may on its own maintain the types of material support for military prosecution bodies specified in this clause at the expense and within the limits of the budget allocations provided for in the federal budget for the Office of the Prosecutor General of the Russian Federation.

(the paragraph was introduced by the Federal Law dated 30.10.2018 No. 374-FZ) (clause 2 was amended by the Federal Law dated 04.06.2014 No. 145-FZ)

3. The guarding of office premises of the military prosecution bodies shall be carried out by military units or military police of the Armed Forces of the Russian Federation.

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 03.02.2014 No. 7-FZ)

Section VII. OTHER ISSUES OF ORGANISATION AND ACTIVITIES OF PROSECUTION BODIES

Article 51. Single State Statistical Recording of Criminality, and Crime Reports,

Investigative Work, Inquiry, Prosecutorial Supervision

(as amended by the Federal Law dated 27.12.2019 No. 487-FZ)

1. The Office of the Prosecutor General of the Russian Federation shall carry out single state statistical recording of criminality and crime reports, investigative work, inquiry, prosecutor's supervision (hereinafter referred to as single state statistical recording), carry out federal statistical monitoring based on primary statistics provided by the government bodies.

2. Single state statistical recording shall be carried out in accordance with the Federal Law dated November 29, 2007 No. 282-FZ “On the Official Statistical Recording and System of the State Statistics in the Russian Federation” subject to the provisions of this Federal Law.

3. The Office of the Prosecutor General of the Russian Federation in consultation with federal state bodies and federal executive bodies possessing relevant primary statistics, shall approve the forms of federal statistical monitoring, instructions for their completion, official statistical methodology, the procedure and time limits for the provision of primary statistics.

Note:

Clause 4 of Article 51 shall enter into force starting from 01.01.2022.

4. Official statistical information obtained in pursuance of single state statistical recording, shall be placed by the Office of the Prosecutor General of the Russian Federation on the official website of the Russian Federation determined by the Government of the Russian Federation, in the information and telecommunication network “Internet” (hereinafter referred to as the “Internet”) in the form of open data subject to restrictions established by federal laws.

A list of official statistical information published in the “Internet” shall be approved by the Prosecutor General of the Russian Federation in consultation with federal state bodies and federal executive bodies possessing the appropriate primary statistics.

Note:

The provisions of clause 5 of Article 51 regarding the commissioning of the state automated legal statistics system shall be applied starting from 01.01.2022.

5. The Office of the Prosecutor General of the Russian Federation for the purpose of state single statistical recording shall create, develop, commission and maintain the state automated legal statistics system and shall be its operator. State information systems as well as software and hardware of other state bodies possessing relevant primary statistics may be used for the operation of the state automated legal statistics system.

Principles of creation, functioning and development of the state automated legal statistics system, its structure and main functions, participants of information interaction and their powers, rules and methods of information interaction with other information systems, including with the use of a single system of interagency electronic interaction, and conditions for access to information contained in the state automated legal statistics system shall be determined by the Government of the Russian Federation.

The requirements to the software and hardware used in creation, functioning and development of the state automated legal statistics system, the composition, rules of placement and time limits of retention of information in the specified system, the procedure for the operation of the system and the registration of users therein, the procedure and the terms of its commissioning shall be established by the Office of the Prosecutor General of the Russian Federations as agreed with federal state bodies and federal executive bodies possessing relevant primary statistics.

6. The orders of the Prosecutor General of the Russian Federation in relation to the state single statistical recording and the state automated legal statistics system, coordinated with federal state bodies and federal executive bodies possessing relevant primary statistics shall be binding on the above state bodies.

Article 52. Financial and Material Support of Prosecution Bodies and Organisations

(as amended by the Federal Laws date 22.08.2004 No. 122-FZ, dated 21.07.2014 No. 233-FZ)

1. Support of the activities of bodies and organisations of the Prosecutor's Office of the Russian Federation, including material and financial support, as well as the guarantees and compensations for officers of the said bodies and organisations which have been established by this Federal Law, shall be an expense obligation of the Russian Federation.

(clause 1 was amended by the Federal Law dated 18.04.2018 No. 84-FZ)

2. Found null and void. - The Federal Law dated 22.08.2004 No. 122-FZ.

3. The Prosecutor General of the Russian Federation within the limits of his/her competences shall establish norms of material support of the bodies and organisations of the Office of the Prosecutor of the Russian Federation at the expense of the federal budget allocated for these purposes to the Office of the Prosecutor of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation.

(clause 3 was amended by the Federal Law dated 18.04.2018 No. 84-FZ)

4. Excluded. - The Federal Law dated 29.12.2001 No. 182-FZ.

Article 53. Seal of Prosecution Bodies and Organisations

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

Prosecution bodies and organisations shall have a seal bearing an image of the Coat of Arms of the Russian Federation and the full name of the organisation.

(as amended by the Federal Law dated 21.07.2014 No. 233-FZ)

Article 54. Explanation of Some Designations Contained in This Federal Law

(as amended by the Federal Law dated 10.02.1999 No. 31-FZ)

The designations contained in this Federal Law shall have the following meanings: prosecutor (in clause 3 of Article 1, clauses 3 and 4 of Article 4, clauses 1 and 2 of Article 5, Articles 6, 7, and 10, clause 1 of Article 22, Articles 25 and 27, clause 1 of Article 30, Article 31, clause 1 of Article 33, Article 34, clauses 1 to 4 of Article 35, Article 37, clause 3 of Article 40, clauses 1 and 5 of Article 40.1, Article 40.4, clause 3 of Article 40.5, clause 5 of Article 41, Article 41.1, Article 41.4, Article 42, clause 3 of Article 43, clause 2 of Article 43.4, clauses 2, 3, 5 and 7 of Article 44, Article 44.1, 45, clause 3 of Article 46, Article 47, clauses 1, 2, 6, 10 to 12 of Article 48, Article 49 of this Federal Law) - the Prosecutor General of the Russian Federation, his/her counsellors, senior assistants, assistants and assistants for special assignments, deputies to the Prosecutor General of the Russian Federation, their assistants for special assignments, deputies, senior assistants and assistants to the Chief Military Prosecutor, all lower-ranking prosecutors, their deputies, assistants to prosecutors for special assignments, senior assistants and assistants to prosecutors, senior prosecutors and prosecutors of directorates and divisions acting within the limits of their competence;

(as amended by the Federal Laws dated 05.06.2007 No. 87-FZ, dated 31.12.2017 No. 492-FZ, dated 09.11.2020 No. 367-FZ)

prosecution officers - prosecutors, as well as other officers of prosecution bodies and organisations having class ranks (military ranks);

(as amended by the Federal Laws dated 28.12.2010 No. 404-FZ, dated 21.07.2014 No. 233-FZ) specialised prosecutors - military prosecutors, prosecutors of transport, environmental protection and other specialised prosecutor's offices; (the paragraph was introduced by the Federal Law dated 09.11.2020 No. 367-FZ) the higher class ranks of prosecution officers - the full state counsellor of justice, the 1st class state counsellor of justice, the 2nd class state counsellor of justice and the 3rd state counsellor of justice.

(the paragraph was introduced by the Federal Law dated 09.11.2020 No. 367-FZ)

President of the Russian Federation

B. YELTSIN

Moscow, the House of Soviets of Russia January 17, 1992

No. 2202-1

Appendix 

to The Federal Law

“On the Prosecutor's Office 

of the Russian Federation”

RATES

OF MONTHLY REMUNERATION FOR PROSECUTION OFFICERS OF PROSECUTION BODIES

List of Amending Documents

(introduced by The Federal Law dated 30.12.2012 No. 284-FZ)