RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


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.