Statute on the
Ministry of Internal Affairs
of the
Russian Federation
Presidential Edict No. 1039
18 July 1996
In order to improve the role of the Ministry of
Internal Affairs of the Russian Federation in protecting the
rights and liberties of the person and citizen, preserving
law and order, and guaranteeing public security, and also
to perfect the legal bases of its activities, I resolve:
1. To approve the attached Statute on the Ministry of
Internal Affairs of the Russian Federation.
2. To allow the Ministry of Internal Affairs of the
Russian Federation to have ten positions of deputy minister
of internal affairs of the Russian Federation, including
three first deputies and a collegium consisting of 19
persons.
3. The Government of the Russian Federation will in
three months: introduce a proposal on the structure of
the Ministry of Internal Affairs of the Russian Federation;
bring its normative legal acts into correspondence with the
present Decree.
President
of the Russian Federation
B. Yeltsin
Moscow, the Kremlin 18 July 1996 No. 1039
I. General Provisions
1. The Ministry of Internal Affairs of the Russian
Federation (MVD of Russia), called hereinafter the Ministry,
is a federal agency of the executive branch, which
implements within the limits of its authority state
direction in the sphere of protection of the rights and
liberties of the person and citizen, for preserving law and
order, for guaranteeing public security and directly
carrying out the basic activities of the internal affairs
organs of the Russian Federation (hereafter called organs
of internal affairs).
The Ministry is subordinate to the president of the
Russian Federation in matters regarding his authority under
the Constitution of the Russian Federation and through
legislative acts of the Russian Federations, and is also
subordinate to the Government of the Russian Federation.
2. The Ministry directs the system of organs of
internal affairs, which includes: the ministries of internal
affairs of the republics, the main directorates,
directorates, and departments of internal affairs of the
krays, oblasts, cities of federal status, autonomous
districts, regions, cities, regions in cities, closed
administrative-territorial formations, directorates (in the
line: directorates, departments, branches) of internal
affairs on rail, air, and water transport, directorates (or
departments) at especially important and secret facilities,
regional directorates for fighting organized crime, the
State Firefighting Service, territorial organs of
administration of institutions with special conditions of
economic activity, district directorates for materials and
equipment and military supply, educational and scientific
research institutions, and other subdivisions, enterprises,
institutions, and organizations created to carry out tasks
assigned to organs of internal affairs and the internal
troops.
The system of the Ministry also includes the internal
troops, which consist of internal troop districts,
formations, and troop units, military educational
institutions, institutions for supporting the activities of
the internal troops, and administrative organs of the
internal troops.
The organs of internal affairs and the internal troops
make up the system of the Ministry.
3. In its activities the Ministry follows the
Constitution of the Russian Federation, the federal
constitutional laws, federal laws, the decrees and
directives of the president of the Russian Federation, the
decrees and directives of the Government of the Russian
Federation, the generally recognized principles and norms
of international law, international treaties of the Russian
Federation, and the present Statute.
4. The activity of the Ministry is carried out on the
basis of principles of respect and observance of the rights
and liberties of the person and citizen, lawfulness,
humanism, a combination of spoken and unspoken methods and
means of activity, cooperation with organs of local
authority of the Russian Federation, organs of state
authority of the subjects of the Russian Federation, organs
of local self-government, public associations, and also the
corresponding organs of foreign states.
5. The numerical size of the Ministry is approved by
the president of the Russian Federation as proposed by the
Government of the Russian Federation.
6. The Ministry is a juridical person, has a seal with
a depiction of the State coat of arms of the Russian
Federation with its own appellation, other seals, stamps,
and forms necessary for its activities, and current, pay,
currency, and other accounts in banks and other credit
organizations.
II. Basic Tasks of the Ministry
7. The following are the basic tasks of the Ministry:
1) development and adoption within the limits of
its authority of measures to protect the rights and
liberties of the person and citizen, protection of objects
regardless of form of ownership, guaranteeing public order
and public security;
2) organization and implementation of measures to
prevent and put a stop to crime and administrative
infringements of law, discovery, exposure, and investigation
of crimes;
3) guaranteeing the implementation of criminal
punishments;
4) direction of organs of internal affairs and the
internal troops with the aim of performing the tasks
assigned to them and taking of measures to enhance their
activities;
5) enhancement of the normative legal basis of the
activities of organs of internal affairs and the internal
troops, enhancement of the legality of their activities;
6) enhancement of work with personnel, their
professional training, guaranteeing the legal and social
protection of the workers and servicemen of the Ministry's
system;
7) development and strengthening of the materials
and equipment base of the organs of internal affairs and
the internal troops.
III. Functions of the Ministry
8. The Ministry, in accordance with the legislation of
the Russian Federation:
1) determines the main directions of the activity
of the organs of internal affairs and the internal troops
in protecting the rights and liberties of the person and
citizen, protecting objects regardless of form of ownership,
guaranteeing public order and public security, participates
in developing and implementing federal special-purpose
programs in the sphere of fighting crime;
2) analyzes the state of law and order and
criminality, develops long-range and quick forecasts of the
development of crime-causing situations and on this basis
introduces by established procedure into organs of state
authority of the Russian Federation and organs of state
authority of subjects of the Russian Federation proposals
for strengthening lawfulness, guaranteeing public order and
public security, increasing the fight against crime,
informs the public on these questions, organizes
cooperation with the mass media;
3) guarantees that organs of internal affairs and
the internal troops carry out federal constitutional laws,
federal laws, edicts and directives of the president of the
Russian Federation, decrees and directives of the Government
of the Russian Federation, and also the laws and other
normative legal acts of subjects of the Russian Federation
accepted within the limits of their authority;
4) draws conclusions from the practice of
application of Russian Federation legislation on matters
relating to the authority of the Ministry, develops and by
established procedure presents to the appropriate organs of
state authority of the Russian Federation proposals on its
enhancement, prepares drafts of normative legal acts of the
Russian Federation on matters regarding the activities of
organs of internal affairs and the internal troops, carries
out normative regulation of its activities and renders the
organs of internal affairs and internal troops practical
and methodological assistance in organizing normative legal
work, arranges the dissemination of legal knowledge;
5) participates, together with organs of state
authority of the subjects of the Russian Federation, in
developing and carrying out regional special programs in the
sphere of protection of the rights and liberties of the
person and citizen, the preservation of law and order, and
crime fighting; in the development and achieving of
understandings and agreements with executive organs of
subjects of the Russian Federation on guaranteeing
lawfulness, public order, public security, and on other
matters provided for by the Constitution of the Russian
Federation, federal constitutional laws, and federal laws;
6) organizes and directly carries out operational
investigation and expert crime detection activities,
production of inquiries, preliminary investigations in
criminal affairs involving the authority of organs of
internal affairs; provides for implementing measures for
warning, discovery, and prevention of crimes, for making
inspections and reviews of the financial and economic
activities of enterprises, institutions, and organizations,
regardless of form of ownership;
7) organizes and carries out investigation of
persons who have committed crimes, who have hidden from
organs of inquiry, investigation, or trial, who have evaded
the serving of criminal sentences or callup for military
service, missing or other persons, the identification of
unidentified corpses, and also search for stolen goods;
8) carries out measures for fighting organized
crime, corruption, illegal trading in weapons and narcotic
substances, illegal armed formations;
9) participates in taking measures to fight
terrorism and smuggling, for protecting the state borders of
the Russian Federation, to guarantee the security of the
Russian Federation and the security of representatives of
foreign states while in the territory of the Russian
Federation, to safeguard information that constitutes state
secrets;
10) provides for the implementation of criminal
sentences and administrative punishments, of decisions of
the court on compulsory treatment of chronic alcoholics and
drug addicts, for the containment of those suspected,
charged, accused, convicted, those under arrest, and also
their guarding, transport, and escort;
11) provides for the guarding of important state
facilities, especially important and secret facilities, the
property of juridical and physical persons by agreements,
provides assistance to enterprises, institutions, and
organizations regardless of form of ownership in developing
measures to guarantee their material security, and also the
personal security of their workers;
12) organizes the activities of organs of internal
affairs for issuing (or cancelling) special permits
(licenses) for engaging in kinds of activities or production
or in work (rendering services) subject to licensing in the
system of the Ministry, and also for monitoring the
carrying out of these types of activities, production, or
work (services);
13) directs the State Vehicle Inspectorate;
organizes the accounting of highway transportation incidents
and, within the limits of its authority, takes measures to
prevent them; participates in developing rules, standards,
and other normative measures in the sphere of guaranteeing
traffic safety; organizes work connected with permits for
means of vehicular transport and trailers, and also for
drivers to be involved in highway traffic;
14) directs the State Firefighting Service,
organizes work in preventing and extinguishing fires, and
also coordinates the activities of other types of fire
protection;
15) organizes the activities of organs of internal
affairs involving matters of citizenship in the Russian
Federation, freedom of movement, choice of place of
residence and domicile within the Russian Federation,
departure beyond the borders of the Russian Federation and
entry into its territory, the legal status of foreign
citizens and those without citizenship in the Russian
Federation;
16) carries out immediate direction of the internal
troops and also organs of internal affairs stationed in
territories of members of the Commonwealth of Independent
States leased by the Russian Federation and under its
jurisdiction and directs organs of internal affairs in
transportation, organs of internal affairs of closed
administrative-territorial formations, and organs of
internal affairs at especially important and secret
facilities, regional crime-fighting directorates,
territorial organs for administration of institutions with
special conditions of economic activity, district
directorates of materials and equipment and military
supply, enterprises, institutions, and organizations
subordinate to the Ministry; directs detachments of
special-purpose militia, special rapid-response detachments,
and special-purpose detachments;
17) participates in guaranteeing the legal
conditions of emergency or martial law in the event of their
being introduced in the territory of the Russian Federation
or in individual locales, in carrying out measures for a
unified state system of warning and elimination of
emergency situations, and also in taking quarantine measures
during epidemics and epizootics;
18) calls in the internal troops and organs of
internal affairs outside the area where they are stationed
and which they service to take urgent measures to rescue
people, to guard unattended property, to guarantee public
order during the recovery after major accidents,
catastrophes, fires, natural disasters, mass disorder, and
other emergency situations, and also when interregional and
other special operations and measures are being carried
out; accomplishes in such cases the operational control of
forces and facilities of the organs of internal affairs and
internal troops;
19) organizes the development and accomplishment of
a set of measures to achieve mobilization tasks and measures
for civil defense, for increasing the stability of
operation of organs of internal affairs and the internal
troops in wartime conditions and when emergency situations
arise in peacetime;
20) participates in organizing territorial defense
of the Russian Federation; organizes joint operations with
the Armed Forces of the Russian Federation, other troops
and military formations to carry out the defense of the
Russian Federation;
21) prepares proposals for the president of the
Russian Federation for determining the structure and
stationing of the internal troops, produces by established
procedure agreement with the General Staff of the Armed
Forces of the Russian Federation on the location of the
main types of arms subject to limitation (control) in
accordance with the international treaties of the Russian
Federation;
22) creates or takes part in creating by
established procedure the appropriate organs of internal
affairs and institutions of the system of the Ministry,
districts, formations, and troop units of the internal
troops;
23) implements, jointly with the organs of the
executive branch of subjects of the Russian Federation,
authority for the creation, organization, and elimination of
subdivisions of organs of internal affairs maintained by
the budget resources of subjects of the Russian Federation
and local budgets;
24) develops standards of personnel strength and
expenditures for maintaining subdivisions of the organs of
internal affairs that are maintained by the budget resources
of subjects of the Russian Federation and local budgets;
25) provides for order in the creation,
reorganization, and elimination of subunits of the militia
for public security, which protect the property of
juridical and physical persons according to agreement,
develops norms for their personnel strength and
expenditures for their maintenance;
26) determines the procedure for employing actual
and conventional designations in organs of internal affairs
and the internal troops, and confers the conventional
designations by an established procedure;
27) organizes within the Russian Federation special
and troop transfers in the interests of organs of internal
affairs and the internal troops, and also on the basis of
governmental decisions and interdepartmental agreements in
the interests of the appropriate federal executive organs,
carries out work to develop the industrial rail transport of
the Ministry system;
28) forms, conducts and uses federal accounts,
banks of data for rapid reference, research, criminal,
statistical, and other information, provides reference
information service to organs of internal affairs and the
internal troops and interested state agencies, organizes
state statistics and statistics in the Ministry system,
develops and refines systems of communications and
automated administration of the Ministry;
29) directs the educational and scientific research
institutions of the Ministry system, organizes and carries
out scientific research, experimental design and planning
and technological work, provides for the introduction of the
achievements of science, technology, and practical
experience in the activity of organs of internal affairs and
the internal troops;
30) coordinates the work in the Ministry system on
certification, standardization, weights and measures,
invention, and efficiency promotion;
31) takes measures to guarantee the protection of
life, health, honor, the dignity and property of officials
and servicemen in the Ministry system and of persons who
provide assistance to the organs of internal affairs and
the internal troops from criminal infringements involving
their performance of official obligations or public duties,
and also to members of their families;
32) guarantees state protection of judges, people's
assessors, prosecutors, investigators, bailiffs, and
responsible officials of supervisory organs in the event of
a threat of infringement on the life, health, and property
of the indicated persons in connection with their
activities, and also that of those close to them;
33) by agreement with the Russian Federation
Federal Security Service, organizes a system for
guaranteeing its own security;
34) jointly with organs of state authority of
subjects of the Russian Federation, resolves questions of
working with personnel, develops and carries out federal
programs for personnel supply for organs of internal affairs
and the internal troops, organizes training, retraining,
and upgrading of qualifications of personnel, work in
education and moral-psychological training and
implementation of the protection of the rights and legal
interests of officials, servicemen, and workers in the
Ministry system;
35) carries out, by procedure established by the
Ministry, training of personnel for corresponding organs of
foreign states, and also for private detective and guard
services, security services of enterprises, institutions,
and organizations regardless of form of ownership;
36) develops and carries out a set of preventive,
therapeutic, public health and resort treatment,
sanitation, and rehabilitation measures directed toward the
protection and strengthening of the health of officials,
service personnel, workers, and retirees of the Ministry
system and members of their families in peacetime and
wartime, organizes activities of medical, public health and
resort, and sanitary institutions and enterprises in
commerce and public catering of the Ministry system,
organizes veterinary support;
37) organizes materials and equipment and financial
support of the subdivisions of the ministry central
apparatus and the subordinate subdivisions, housing
accommodation of officials and servicemen of the Ministry
system, major construction of facilities erected by means of
the maximum of capital investments of the Ministry and
other federal executive agencies, organizes the carrying
out of planning and exploratory work, exercises control
over the use of buildings and facilities, their equipping
and repair, takes measures to improve the housing and
domestic support of officials and servicemen of the
Ministry system;
38) carries out centralized provision of organs of
internal affairs and the internal troops with combat and
special equipment, means of communications and special
coding equipment, special resources, arms, ammunition and
other material and equipment resources, and also financial
resources through the means of the federal budget and other
funding sources, develops and strengthens the material base
of the organs of internal affairs and the internal troops,
organizes accounting of material and monetary resources and
the monitoring of their use;
39) implements the right of ownership, use, and
disposal (operational control) of federally owned stationary
and movable property, carries out the alienation of
facilities under the jurisdiction of the Ministry that have
been set up or obtained through the federal budget and are
under the operational control of the Ministry, and also the
renting of property assigned to the Ministry, provides
operational and technical servicing and guarding of
assigned property to the extent of the resources allotted
for this purpose;
40) organizes examination of incoming proposals,
claims, and complaints of citizens, and also the
publications and reports of the mass media regarding
matters of the activities of the organs of internal affairs
and the internal troops and makes appropriate decisions on
them;
41) engages in publishing activities, including the
publication of journals, bulletins, collections of normative
legal acts, materials of conferences on questions of the
activities of the organs of internal affairs and the
internal troops, prepares television and radio programs;
42) concludes by established procedure
international agreements of the Russian Federation, achieves
cooperation with international organizations and the
organizations of foreign states for the preservation of
rights, sends to foreign states its representatives for
achieving their authority with regard to the competence of
the Ministry;
43) renders assistance within the limits of its
authority to state agencies and also enterprises,
institutions, and organizations regardless of their form of
ownership and to public associations in achieving their
rights and legal interests;
44) participates by established procedure in
developing, concluding, and carrying out agreements on rates
in the field in the capacity of representative of
employers;
45) exercises other kinds of authority related to
its competence.
IV. Leadership of the Ministry
9. The Ministry is headed by the minister of internal
affairs of the Russian Federation (hereafter called the
minister). The minister, the first deputy ministers, and
deputy ministers are appointed to and relieved of the post
by the president of the Russian Federation at the proposal
of the chairman of the Government of the Russian
Federation.
10. The minister:
1) bears personal responsibility for the
performance of tasks assigned to the Ministry and for the
organs of internal affairs and the internal troops
subordinate to him;
2) organizes the work of the Ministry, directs the
activities of the organs of internal affairs and the
internal troops;
3) establishes the scope of authority of his
deputies and allocates their duties among them, establishes
the authority of other officials in the Ministry system in
terms of their independent decision regarding operational,
organization and strength, personnel, financial, production
and management and other matters related to the authority of
the Ministry;
4) approves the table of authorized personnel for
the central apparatus of the Ministry, the regulations
concerning the main directorates, directorates, and other
structural subdivisions of the central apparatus of the
Ministry, and also those of the institutions under his
jurisdiction, the standard regulations on the ministries of
internal affairs, the main directorates, and directorates of
the internal affairs of subjects of the Russian Federation;
5) approves the structure of the central apparatus
of the Ministry, determines the standard tables of
authorized personnel of organs, subdivisions, and
institutions of the Ministry system, establishes the norms
of personnel strength and the limits of resources allotted
for these purposes, and also the internal routine of the
operation of the Ministry;
6) issues, on the basis and in execution of the
legislation of the Russian Federation and the present
Statute, the orders, regulations, directions, instructions,
rules, manuals, and other normative acts that must be
implemented in the system of the Ministry, gives
directives, including those made jointly or by agreement
with the leaders of organs of state authority of the
Russian Federation, organizes the monitoring of their
implementation;
7) within the limits of the authority granted him,
by established procedure, issues the normative legal acts
required to be executed by executive agencies, executive
agencies of the subjects of the Russian Federation, organs
of local self-government, enterprises, institutions, and
organizations regardless of form of ownership, public
associations, officials, and citizens, approves standards,
norms, and rules on matters referred by legislation of the
Russian Federation to the authority of the Ministry;
8) by established procedure presents for the
consideration of the president of the Russian Federation and
the Government of the Russian Federation draft normative
legal acts on matters of the organization and activities of
the Ministry;
9) presents to the president of the Russian
Federation proposals regarding the enlisting of additional
personnel and resources of organs of internal affairs and
the internal troops for guaranteeing public order,
protection of the life, health, rights, and liberties of
the person and citizen and property in the territory of the
Russian Federation and in individual locales where a state
of emergency has been introduced;
10) by procedure established by legislation of the
Russian Federation and within the limits of his authority,
approves lists of positions of rank-and-file and management
personnel, military positions and the special and military
ranks appropriate to these positions;
11) determines the list of
positions in the system of the Ministry, the appointment to
which and relief from which are accomplished by the
leadership of the Ministry;
12) by procedure established by legislation of the
Russian Federation, resolves questions of appointment to and
dismissal from positions of ministers of internal affairs
and chiefs of main directorates and directorates of
internal affairs of subjects of the Russian Federation;
13) revokes orders and directives issued by
directors of organs, subdivisions, and institutions of the
Ministry system, commanders of internal troops, and his
deputies, and also orders and directives of ministers of
internal affairs, chiefs of main directorates and
directorates of internal affairs of subjects of the Russian
Federation that conflict with the legislation of the
Russian Federation;
14) presents to the Government of the Russian
Federation proposals on maximum strength of organs of
internal affairs and the internal troops that are
maintained by the resources of the federal budget and on
the numerical strength and structure of the Ministry;
15) determines the procedure for creation,
reorganization, and elimination of subunits of the militia
for public security that carry out the protection of
property of juridical and physical persons by agreements
and also in organs of internal affairs in transport, in
organs of internal affairs in closed administrative
territorial formations, and in organs of internal affairs
at especially important and secret facilities maintained by
resources of the budgets of the subjects of the Russian
Federation and by local budgets, establishes norms of the
personnel strength of these subdivisions;
16) makes decisions on the creation of special-
purpose subdivisions for performing tasks and duties
assigned to organs of internal affairs and the internal
troops, determines the procedure for creating and
eliminating temporary structures;
17) determines the procedure and conditions for
concluding contracts on time of service (military service)
and for competitive appointments to positions;
18) sends officials and servicemen of the Ministry
system on attached duty to organs of state authority of the
Russian Federation, of enterprises, institutions, and
organizations by a procedure and under conditions determined
by the president of the Russian Federation;
19) awards primary special titles of intermediate
and senior management personnel of organs of internal
affairs and primary officers' military ranks, and also
special ranks up to colonel of the militia, colonel of the
internal service, colonel of justice and military titles up
to and including colonel (or captain second rank), by
procedure established by legislation of the Russian
Federation makes presentations on the awarding of higher
special and higher military ranks;
20) presents officials, servicemen, and workers of
the Ministry system for the conferral of state awards of the
Russian Federation;
21) by established procedure, institutes
awards of the Ministry for awarding to officials,
servicemen, and workers of the Ministry system, and
citizens who have rendered assistance in the accomplishment
of tasks assigned to the Ministry, by established procedure
approves resolutions concerning these badges and their
description, awards these persons with badges, certificates
of honor, and in this respect makes use of other types of
incentives as stipulated by normative legal acts;
22) by established procedure, presents proposals
on the institution of decorations and insignia of rank and
other official symbols of the Ministry system, and also
approves by established procedure decorations in the
Ministry system and their description;
23) has award and gift funds, including those for
firearms and blade weapons, for making awards to officials,
servicemen, and workers of the Ministry system, and also
others who have rendered assistance in carrying out the
tasks assigned to the Ministry;
24) makes full use of the types of disciplinary
punishments established by legislation of the Russian
Federation with respect to officials, servicemen, and
workers of the Ministry system;
25) within the limits of his authority, dismisses
from service (or military service) officials, servicemen,
and workers of the Ministry system;
26) manages credits, including monetary resources,
determines the norms and procedure for expenditure of
financial resources;
27) establishes the norms of time for food rations
for officials and servicemen of the Ministry system in the
event of natural disasters and other emergency situations,
and also when they are performing one-time urgent tasks;
28) represents the Ministry in dealings with
organs of state authority of the Russian Federation, with
enterprises, institutions, and organizations of the Russian
Federation and of foreign states in the territory of the
Russian Federation, within the limits of its authority
conducts negotiations and, by established procedure, signs
international treaties, agreements, and protocols on
cooperation and collaboration on matters involving the
competence of the Ministry;
29) in accordance with legislation of the Russian
Federation, determines the procedure for concluding
agreements on the Ministry's performance of work (rendering
of services) for juridical and physical persons;
30) by procedure established by legislation of the
Russian Federation, concludes agreements on rates in the
field in the capacity of representative of employers;
31) exercises other authorized powers in
accordance with legislation of the Russian Federation;
11. A collegium is formed in the Ministry which is
made up of the minister (chairman of the collegium), the
first deputy ministers, deputy ministers ex officio, and
also supervisory officials and servicemen of the Ministry
system. The overall number in the collegium is established
by the president of the Russian Federation.
Members of the collegium of the Ministry, other than
those included ex officio, are approved by the Government
of the Russian Federation.
At its sessions, the collegium of the Ministry
examines the most important questions of the activities of
organs of internal affairs and the internal troops.
Decisions of the collegium are made by a majority of
votes of its members, are drawn up as protocols, and are
implemented by orders of the minister.
In case of differences between the minister and the
collegium, the minister implements his decision and reports
the differing opinions to the president of the Russian
Federation and the government of the Russian Federation.
Members of the collegium may also report their opinion to
the president of the Russian Federation and the Government
of the Russian Federation.
Decisions made at joint sessions of the Ministry
collegium and organs of state authority of the Russian
Federation are drawn up as protocols and are implemented by
order of the minister and the heads of the respective organs
of state authority of the Russian Federation.