RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


On the Fight Against Terrorism

Russian Federation Federal Law No. 130-FZ
Signed by Russian Federation President B. Yeltsin
25 July 1998

The present federal law defines the legal and organizational basis of the fight against terrorism in the Russian Federation, the procedure for coordinating the activities of federal organs of executive power, organs of executive power of the Russian Federation components, public associations and organizations regardless of forms of ownership, officials, and individual citizens implementing the fight against terrorism, and also citizens' rights, duties, and guarantees in connection with the fight against terrorism.

Chapter I. General Provisions

Article 1. Legal basis of the fight against terrorism

The legal basis of the fight against terrorism is formed by the Russian Federation Constitution, the Russian Federation Criminal Code, the present federal law, other federal laws, generally recognized principles and norms of international law, the Russian Federation's international treaties, edicts and directives of the Russian Federation president, decrees and directives of the Russian Federation Government, and also other normative legal acts of the federal organs of state power.

Article 2. Basic principles of the fight against terrorism

The fight against terrorism in the Russian Federation is based on the following principles:
1) legality;

2) the priority of measures to prevent terrorism;

3) the inevitability of punishment for terrorist activity;

4) the combination of overt [glasnyy] and covert [neglasnyy] methods of fighting terrorism;

5) the integrated use of legal, political, socioeconomic, and propaganda preventive measures;

6) the priority of defending the rights of persons exposed to danger as a result of terrorist action;

7) minimum concessions to terrorists;

8) one-man command in the leadership of forces and resources involved in conducting counterterrorist operations;

9) minimum disclosure of technical methods and tactics for the conduct of counterterrorist operations, and also of the list of participants in the aforementioned operations.

Article 3. Basic terms

The following basic terms are used for the purposes of the present federal law:

terrorism is violence or the threat of violence against individuals or organizations, and also the destruction (damaging) of or threat to destroy (damage) property and other material objects, such as threaten to cause loss of life, significant damage to property, or other socially dangerous consequences and are implemented with a view to violating public security, intimidating the population, or influencing the adoption of decisions advantageous to terrorists by organs of power, or satisfying their unlawful material and (or) other interests; attempts on the lives of statesmen or public figures perpetrated with a view to ending their state or other political activity or out of revenge for such activity; attacks on representatives of foreign states or staffers of international organizations enjoying international protection, and also on the official premises or vehicles of persons enjoying international protection if these actions are committed with a view to provoking war or complicating international relations;

terrorist activity is activity including:

1) the organization, planning, preparation, and implementation of terrorist action;

2) incitement to terrorist action, to violence against individuals or organizations, or to the destruction of material objects for terrorist purposes;

3) the organization of an illegal armed formation, criminal association (criminal organization), or organized group in order to perpetrate terrorist action, and also participation in such action;

4) the recruitment, armament, training, and use of terrorists;

5) the funding of a known terrorist organization or terrorist group or other assistance to them;

international terrorist activity is terrorist activity carried out:

1) by a terrorist or terrorist organization on the territory of more than one state or detrimental to the interests of more than one state;

2) by citizens of one state against citizens of another state or on the territory of another state;

3) in the case where both the terrorist and the victim of terrorism are citizens of the same state or different states but the crime is committed outside the territories of these states;

terrorist action is the direct commission of a terrorist crime in the shape of explosion, arson, or the use of or threat to use nuclear explosive devices or radioactive, chemical, biological, explosive, toxic, noxious [otravlyayushchiy], aggressive [silnodeystvuyushchiy], or poisonous [yadovityy] substances; the destruction, damaging, or seizure of vehicles or other facilities; an attempt on the life of a statesman or public figure or representative of national, ethnic, religious, or other population groups; the seizure of hostages and kidnapping; the creation of a danger of harm to the life, health, or property of a nonspecific range of people by creating the conditions for accidents and man-made disasters or the real threat of the creation of such a danger; the dissemination of threats in any form and by any means; other actions creating a danger of loss of life, significant damage to property, or other socially dangerous consequences;

terrorist crimes are crimes envisaged by Articles 205-208, 277, and 360 of the Russian Federation Criminal Code. Other crimes envisaged by the Russian Federation Criminal Code may be categorized as terrorist crimes if they are committed for terrorist purposes. Penalties for the commission of such crimes are in accordance with the Russian Federation Criminal Code; a terrorist is a person participating in the implementation of terrorist activity in any form;

a terrorist group is a group of persons united with a view to implementing terrorist activity;

a terrorist organization is an organization created with a view to implementing terrorist activity or deeming the use of terrorism possible in its activity. An organization is deemed to be terrorist if even one of its structural components carries out terrorist activity with the knowledge of even one of the organization's leading organs;

the fight against terrorism is activity to prevent, uncover, stop, and minimize the consequences of terrorist activity;

a counterterrorist operation is special measures aimed at stopping a terrorist action, ensuring the security of individuals, neutralizing terrorists, and also minimizing the consequences of terrorist action; a counterterrorist operation zone is the particular areas of land or water, vehicle, building, structure, installation, or premises and the adjoining territory or waters within which the aforementioned operation is carried out;

a hostage is an individual seized and (or) held with a view to compelling the state, an organization, or individuals to carry out an action or refrain from carrying out an action as a condition for the release of the person who is being held.

Article 4. The Russian Federation's international cooperation in the sphere of the fight against terrorism

In accordance with international treaties the Russian Federation cooperates in the sphere of the fight against terrorism with foreign states, their law enforcement agencies and special services, and also international organizations engaging in the fight against terrorism. The Russian Federation, guided by the interests of ensuring the security of the individual, society, and the state, prosecutes on its territory persons implicated in terrorist activity, including in cases where terrorist actions were planned or carried out outside the Russian Federation but are detrimental to the Russian Federation and in other cases envisaged by the Russian Federation's international treaties.

Chapter II. Basic principles of the organization of the fight against terrorism

Article 5. Aims of the fight against terrorism

The fight against terrorism in the Russian Federation is implemented in order to:

1) protect the individual, society, and the state from terrorism;

2) prevent, uncover, and stop terrorist activity and minimize its consequences;

3) uncover and eliminate factors and conditions conducive to the implementation of terrorist activity.

Article 6. Entities implementing the fight against terrorism

The main entity exercising leadership of the fight against terrorism and providing it with the necessary forces, means, and resources is the Russian Federation Government.

Federal organs of executive power take part in the fight against terrorism within the limits of their competence as laid down by federal laws and other Russian Federation normative legal acts.

The entities directly carrying out the fight against terrorism within the limits of their competence are:
the Russian Federation Federal Security Service;
the Russian Federation Ministry of Internal Affairs;
the Russian Federation Foreign Intelligence Service;
the Russian Federation Federal Protection Service;
the Russian Federation Defense Ministry;
the Russian Federation Federal Border Service.
Other federal organs of executive power as listed by the Russian Federation Government are also entities taking part in preventing, uncovering, and stopping terrorist activity within the limits of their competence.

In the event of the elimination, reorganization, or renaming of federal organs of executive power listed in the present article their functions in the sphere of the fight against terrorism pass to their legal successors.

Antiterrorist commissions can be set up at the federal and regional levels in accordance with decisions of the Russian Federation president or decisions of the Russian Federation Government in order to coordinate the activity of entities engaged in the fight against terrorism.

The federal antiterrorist commission resolves the following main tasks:

elaborates the basic principles of state policy in the sphere of the fight against terrorism in the Russian Federation and recommendations aimed at enhancing the effectiveness of work to uncover and eliminate factors and conditions conducive to the emergence of terrorism and the implementation of terrorist activity;

collects and analyzes information about the state of and trends in terrorism on Russian Federation territory;

coordinates the activity of federal organs of executive power engaged in the fight against terrorism with a view to ensuring cohesion in their actions to prevent, uncover, and stop terrorist actions, and also uncover and eliminate factors and conditions conducive to the preparation and implementation of terrorist actions;

takes part in preparing international treaties in the Russian Federation in the sphere of the fight against terrorism;

elaborates proposals on improving Russian Federation legislation in the sphere of the fight against terrorism.

Article 7. Competence of the entities engaged in the fight against terrorism

Entities engaged in the fight against terrorism are guided in their activity by the present federal law, other federal laws, generally recognized principles and norms of international law, the Russian Federation's international treaties, and also normative legal acts (including interdepartmental acts) issued on the basis of them to regulate this activity.

The Russian Federation Federal Security Service and its territorial organs in the Russian Federation components engage in the fight against terrorism by preventing, uncovering, and stopping terrorist crimes, including crimes pursuing political objectives, and also by preventing, uncovering, and stopping international terrorist activity, and carry out the preliminary investigation into criminal cases relating to such crimes in conformity with legislation relating to criminal procedure.

The Russian Federation Ministry of Internal Affairs engages in the fight against terrorism by preventing, uncovering, and stopping terrorist crimes pursuing mercenary objectives.

The Russian Federation Foreign Intelligence Service and other Russian Federation foreign intelligence organs engage in the fight against terrorism by ensuring the security of Russian Federation institutions outside Russian Federation territory, their staffers, and members of the families of those staffers, and also collect information about the activity of foreign and international terrorist organizations.

The Russian Federation Federal Protection Service engages in the fight against terrorism by ensuring the security of facilities subject to state protection and defending protected facilities.

The Russian Federation Defense Ministry ensures the protection of weapons of mass destruction, missile weapons, firearms, ammunition, and explosives that are in service [nakhodyashchiyesya na vooruzhenii] and the protection of military facilities, and also takes part in ensuring the security of national shipping and the Russian Federation's airspace and in carrying out counterterrorist operations.

The Russian Federation Federal Border Service engages in the fight against terrorism by preventing, uncovering, and stopping attempts by terrorists to cross the Russian Federation state border and also to smuggle across the Russian Federation state border weapons, explosives, poisons, radioactive substances, and other objects that may be used as means of committing terrorist crimes and takes part in ensuring the security of national shipping within the limits of the Russian Federation's territorial waters and exclusive economic zone and in carrying out counterterrorist operations.

Article 8. Main functions of entities involved in the fight against terrorism

The federal organs of executive power listed in Article 6 of the present federal law and their territorial organs in the Russian Federation components take part in the fight against terrorism within the limits of their competence by elaborating and implementing preventive, security [rezhimnyy], organizational, educational, and other measures to prevent, uncover, and stop terrorist activity; creating departmental systems to counter the commission of terrorist crimes and maintaining them in the requisite state of readiness; and providing material-technical and financial resources, information, means of transport and communication, medical equipment and medicines, and also in other ways in the light of requirements in the sphere of the fight against terrorism. The procedure for providing material-technical and financial resources, information, means of transport and communication, medical equipment and medicines is laid down by the Russian Federation Government.

Article 9. Assistance to organs engaged in the fight against terrorism

Organs of executive power of the Russian Federation components, organs of local self-government, public associations and organizations irrespective of forms of ownership, and officials must assist organs engaged in the fight against terrorism.

It is the civic duty of every citizen to communicate to law enforcement agencies any information that comes into his or her possession about terrorist activity and about any other circumstances information about which may help to prevent, uncover, and stop terrorist activity and also minimize its consequences.

Chapter III. Conduct of counterterrorist operations

Article 10. Control of counterterrorist operations

An operational staff is set up for direct control of a counterterrorist operation by decision of the Russian Federation Government; the staff is headed by a representative of the Russian Federation Federal Security Service or Russian Federation Ministry of Internal Affairs depending on which federal organ of executive power will have predominant competence in the conduct of the specific counterterrorist operation.

Operational staffs may be set up in Russian Federation components and Russian Federation regions; their size and composition depend on specific local conditions and the nature of the possible terrorist actions on the territories of the Russian Federation components (regions).

The operational staff to control counterterrorist operations in a Russian Federation component (region) is headed by the leader of the territorial organ (component) of the department whose competence will be predominant in the conduct of the specific counterterrorist operation. If the nature of the terrorist action changes the leader of the counterterrorist operation may be replaced by decision of the chairman of the relevant interdepartmental antiterrorist commission.

The procedure for the activity of the operational staff to control the counterterrorist operation is defined by a statute approved by the chairman of the relevant interdepartmental antiterrorist commission. The statute on the operational staff to control the counterterrorist operation is elaborated on the basis of the model statute approved by the federal antiterrorist commission.

Article 11. Forces and resources for the conduct of counterterrorist operations

In order to conduct the counterterrorist operation the operational staff to control the counterterrorist operation has the right to enlist the necessary forces and resources of those federal organs of executive power that take part in the fight against terrorism in accordance with Article 6 of the present federal law. Federal organs of executive power and organs of executive power of the Russian Federation components allocate the weapons and special means, means of transport and communications, and other material-technical resources necessary in order to conduct the counterterrorist operation.

Article 12. Leadership of counterterrorist operations

From the moment the operation begins all servicemen, staffers, and specialists enlisted for the conduct of the counterterrorist operation are under the command of the leader of the operational staff to control the counterterrorist operation.

Depending on the scale and extent of the social danger and the anticipated negative consequences of the terrorist action, the chairman of the federal antiterrorist commission may be appointed leader of the counterterrorist operation. By decision of the Russian Federation president the leader of a federal organ of executive power may be appointed leader of the operational staff to control the counterterrorist operation.

The leader of the operational staff to control the counterterrorist operation determines the borders of the counterterrorist operation zone and decides on the use of the forces and resources enlisted for the conduct of the operation.

No other person regardless of office is permitted to interfere in the operational leadership of the counterterrorist operation.

Article 13. Legal regime within the counterterrorist operation zone

Within the counterterrorist operation zone the persons conducting the operation have the right:

1) to take where necessary measures to temporarily restrict or prohibit the movement of vehicles and pedestrians on streets and highways, to prevent access by vehicles, including vehicles belonging to diplomatic missions and consular establishments, and citizens to particular areas and facilities, and also to tow away vehicles;

2) to check that citizens and officials are in possession of identity documents, and in the event of the absence of such documents to detain the persons in question in order to establish their identity;

3) to detain and deliver to Russian Federation internal affairs organs persons who have committed or are committing offenses or other actions aimed at impeding the legitimate demands of persons conducting the counterterrorist operation, and also actions connected with unauthorized entry or attempted entry into the counterterrorist operation zone;

4) to freely enter (effect entry into) housing and other premises belonging to citizens and land belonging to them, territory and premises belonging to organizations regardless of form of ownership, and vehicles in the course of the suppression of terrorist action or the pursuit of persons suspected of committing a terrorist action if delay may create a real threat to people's life and health;

5) to carry out upon entry on foot (by vehicle) into the counterterrorist operation zone and upon exit on foot (by vehicle) from the zone the personal inspection of citizens, inspection of items in their possession, and inspection of vehicles and items transported on them, including inspections employing technical facilities;

6) to use for official purposes means of communication, including special means, belonging to citizens and organizations regardless of forms of ownership;

7) to use for official purposes vehicles belonging to organizations regardless of forms of ownership, with the exception of vehicles belonging to diplomatic, consular, and other missions of foreign states and international organizations, and in urgent cases also belonging to citizens, in order to prevent terrorist action, pursue and detain persons who have committed a terrorist action, or deliver persons requiring urgent medical assistance to a medical establishment, and also to travel to the scene of an incident.

In the counterterrorist operation zone the activity of personnel of the mass media is regulated by the leader of the operational staff to control the counterterrorist operation unless otherwise provided by federal law.

Article 14. The conduct of negotiations with terrorists

During the conduct of the counterterrorist operation negotiations may be conducted with terrorists with a view to preserving people's lives and health and property and also studying the possibility of stopping the terrorist action without the use of force.

Only persons specially authorized by the leader of the operational staff to control the counterterrorist operation may negotiate with terrorists.

When conducting negotiations with terrorists questions of the handover of any persons to the terrorists or of the handover to them of weapons and other means and objects which may be used to create a threat to people's lives and health, and also the question of fulfilling the terrorists' political demands must not be considered as terms for the ending of the terrorist action by the terrorists.

The conduct of negotiations with terrorists cannot serve as the basis or condition for their exemption from responsibility for their actions.

Article 15. Informing the public about terrorist actions

During the conduct of the counterterrorist operation the public is informed about the terrorist action in the ways and to the extent decided by the leader of the operational staff to control the counterterrorist operation or by the representative of the aforementioned staff responsible for public relations.

It is not permitted to disseminate information:
1) revealing special technical methods and tactics for the conduct of the counterterrorist operation;

2) capable of impeding the conduct of the counterterrorist operation and creating a threat to the lives and health of people inside or outside the counterterrorist operation zone;

3) serving to propagandize or justify terrorism and extremism;

4) about staffers of special components, members of the operational staff to control the counterterrorist operation, and also persons assisting in the conduct of the operation.

Article 16. End of counterterrorist operations

A counterterrorist operation is deemed to have ended when the terrorist action has been stopped (terminated) and the threat to the lives and health of people inside the counterterrorist operation zone has been eliminated.

The decision to declare a counterterrorist operation to have ended is made by the leader of the operational staff to control the counterterrorist operation.

Chapter IV. Reimbursement of damage caused as a result of terrorist action and the social rehabilitation of persons who have suffered as a result of terrorist action

Article 17. Reimbursement of damage caused as a result of terrorist action

Damage caused as a result of terrorist action is reimbursed from funds from the budget of the Russian Federation component on whose territory the terrorist action was committed, and the amount of this reimbursement is subsequently recovered from the person who caused the damage under the procedure laid down by civil legislation.

Damage caused as a result of a terrorist action committed on the territories of several Russian Federation components, and also damage caused to a Russian Federation component which exceeds the potential for compensation from the budget of that Russian Federation component, is reimbursed from federal budget funds, and the amount of this reimbursement is subsequently recovered from the person who caused the damage under the procedure laid down by civil legislation.

Damage caused to foreign citizens as a result of terrorist action committed on Russian Federation territory is reimbursed from federal budget funds, and the amount of this reimbursement is subsequently recovered from the person who caused the damage.

Damage caused to an organization as a result of terrorist action is reimbursed under the procedure laid down by the Russian Federation Civil Code.

Article 18. Social rehabilitation of persons who have suffered as a result of terrorist action

The social rehabilitation of persons who have suffered as a result of terrorist action is carried out with a view to returning them to normal life and includes legal assistance to the persons in question, psychological, medical, and vocational rehabilitation, job placement up to and including reinstatement, and the provision of housing.

The social rehabilitation of persons who have suffered as a result of terrorist action and also the persons listed in Article 19 of the present federal law is carried out with funds from the federal budget and funds from the budget of the Russian Federation component on whose territory the terrorist action was committed.

The procedure for carrying out the social rehabilitation of persons who have suffered as a result of terrorist action is determined by the Russian Federation Government.

Chapter V. Legal and social protection of persons taking part in the fight against terrorism

Article 19. Persons taking part in the fight against terrorism who are subject to legal and social protection

Persons taking part in the fight against terrorism are under the state's protection. The following are subject to legal and social protection:

1) servicemen and staffers and specialists of federal organs of executive power and organs of executive power of Russian Federation components who take (have taken) an active part in the fight against terrorism;

2) persons permanently or temporarily helping state organs engaged in the fight against crime [as published] to prevent, uncover, and stop terrorist activity and minimize its consequences;

3) members of the families of persons listed in subpoints 1 and 2 of point 1 of the present article if the need to provide them with protection stems from the listed persons' participation in the fight against terrorism.

The social protection of persons involved in the fight against terrorism is implemented in the light of the legal status of such persons as defined by federal laws and other normative legal acts, in accordance with the procedure laid down by the Russian Federation Government.

Article 20. Reimbursement of damage to persons participating in the fight against terrorism

Damage caused to the health or property of the persons listed in Article 19 of the present federal law in connection with their participation in the fight against terrorism is reimbursed under the procedure defined by Russian Federation legislation.

In the event of the death of a person who has taken part in the fight against terrorism in the course of a counterterrorist operation members of the family of the deceased and his dependents are paid a one-shot grant of 1,000 times the minimum wage, are granted a pension in view of the loss of their breadwinner, and also retain benefits in respect of obtaining housing and paying for housing and municipal services if the deceased enjoyed such benefits.

If a person who has taken part in the fight against terrorism in the course of a counterterrorist operation sustains an injury causing disability, this person is paid a one-shot grant of 500 times the minimum wage from federal budget funds and is granted a pension in conformity with Russian Federation legislation.

If a person who has taken part in the fight against terrorism in the course of a counterterrorist operation sustains an injury that does not cause disability, this person is paid a one-shot grant of 100 times the minimum wage.

Article 21. Exemption from responsibility for causing damage

During the conduct of a counterterrorist operation on the basis and within the limits laid down by law unavoidable [vynuzhdennyy] damage may be caused to terrorists' lives, health, and property, and also to other legally protected interests. Servicemen, specialists, and other persons participating in the fight against terrorism are exempted from responsibility for damage caused in the conduct of a counterterrorist operation in accordance with Russian Federation legislation.

Article 22. Preferential calculation of length of service

When calculating length of service for pension purposes servicemen and staffers of federal organs of executive power serving (having served) in components directly engaging (having engaged) in the fight against terrorism are credited with one and a half days per day's service and with three days per day's service while taking part in the conduct of a counterterrorist operation (unless Russian Federation legislation provides for a more preferential calculation of length of service).

Chapter VI. Responsibility for participation in terrorist activity

Article 23. Responsibility for participation in terrorist activity

Persons guilty of terrorist activity bear responsibility as envisaged by Russian Federation legislation.

Article 24. Particular features of criminal and civil legal process on cases relating to terrorist activity

Cases relating to terrorist crimes, and also cases relating to reimbursement of damage caused as a result of terrorist action, may, if the court so decides, be heard in camera while observing all the rules of legal process.

Article 25. An organization's responsibility for terrorist activity

An organization is deemed to be terrorist and is wound up on the basis of a court decision.

When an organization deemed to be terrorist is wound up, its property is confiscated and goes toward state revenue. If a Russian Federation court deems an international organization (branch, subsidiary, office) registered outside the Russian Federation to be terrorist, the activity of the organization on Russian Federation territory is banned, its Russian branch (subsidiary, office) is wound up, and its property and the property of the international organization on Russian territory are confiscated and go toward state revenue.

A statement on holding an organization responsible for terrorist activity is sent to the court by the Russian Federation general prosecutor or subordinate prosecutors.

Chapter VII. Monitoring and oversight of legality in the fight against terrorism

Article 26. Monitoring of the fight against terrorism

The Russian Federation president and the Russian Federation Government monitor the fight against terrorism in the Russian Federation.

Article 27. Oversight of legality in the fight against terrorism

Oversight of compliance with the law in the fight against terrorism is exercised by the Russian Federation general prosecutor and subordinate prosecutors.

Within the limits of its competence the Russian Federation Prosecutor's Office also implements measures to prevent terrorist activity, carries out preliminary investigations in conformity with Russian Federation legislation relating to criminal procedure, oversees the investigation of criminal cases associated with terrorist activity, supports in the courts the state indictment relating to such cases, and also takes other measures in conformity with Russian Federation legislation.

Chapter VIII. Final provisions

Article 28. Bringing normative legal acts into line with the present federal law

Federal laws and other normative legal acts are to be brought into line with the present federal law within three months of the day of its entry into force.

Article 29. Entry into force of the present federal law

The present federal law enters into force on the day of its official publication.

[Signed] Russian Federation President B. Yeltsin
The Kremlin, Moscow
25 July 1998
No. 130-FZ