Comparative table of the rights and powers of municipal police and Ministry of Internal Affairs of the Russian Federation


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appendix No. 1 to the Explanatory note to the draft federal law About Municipal Police in the Russian Federation

Appendix No. 1
to the Explanatory note
to the draft federal law
«About municipal police in the Russian Federation»


Comparative table
rights and powers of police of the Ministry of Internal Affairs of the Russian Federation and municipal police



It agrees:
- Federal law No. 3-FZ of 07.02.2011. «About police»
- Draft federal law «About Municipal Police in the Russian Federation»

police of the Ministry of Internal Affairs of Russia

municipal police

to demand from citizens and officials of the termination of illegal actions, and equally in the actions interfering lawful activity of the government and municipal bodies, deputies of legislative (representative) public authorities, deputies of representative bodies of municipalities, members of election commissions, the commissions of a referendum, and also activity of public associations

realizes in full

to check identification papers of citizens if are available the given, giving grounds to suspect them of commission of crime or to believe that they are wanted or if there is an occasion to excitement concerning these citizens of case of an administrative offense, and is equal if there are bases for their detention in the cases provided by the federal law; to check at citizens, officials, public associations and the organizations of permission (license) and other documents for commission of certain actions or for implementation of a certain kind of activity control (supervision) for which is imposed on police according to the legislation of the Russian Federation

realizes partially, in such formulation:
to check identification papers of citizens if are available the given, giving grounds to suspect them of commission of crime or to believe that they are wanted or if there is an occasion to excitement concerning these citizens of case of an administrative offense, and is equal if there are bases for their detention in the cases provided by the federal law

to cause in police of citizens and officials on the investigated criminal cases and cases of administrative offenses which are in production, and also in connection with verification of the statements registered in accordance with the established procedure and messages on crimes, on administrative offenses, on incidents which permission is referred to competence of police;
to receive on such affairs, materials, statements and messages, including on orders of the investigator and investigator, necessary explanations, references, documents (their copy);
to subject to the drive in police in the cases and an order provided by the federal law, citizens and officials evading without valid excuse from an appearance on a call

has no rights

in connection with the investigated criminal cases and cases of administrative offenses which are in production, and also in connection with verification of the statements registered in accordance with the established procedure and messages on crimes, on administrative offenses, on incidents which permission is referred to competence of police, to request and receive on a grant basis by motivated request of authorized officials of police from the government and municipal bodies, public associations, the organizations, officials and citizens of data, reference, documents (their copy), other necessary information, including personal information of citizens, except for cases when the federal law established a special order of obtaining information, in the order determined by federal executive authority in the sphere of internal affairs and federal executive authority carrying out functions on development of a state policy and standard legal regulation in health sector to request and receive from the medical organizations of data on the citizens who arrived with wounds and injuries of violent character or with wounds and the injuries received as a result of road accidents about the citizens having medical contraindications or restrictions to driver's activity and also about the persons recognized as patients with drug addiction or consuming drugs or psychotropic substances without appointment of the doctor or new potentially dangerous psychoactive agents on which the judge at purpose of administrative punishment assigned a duty to pass diagnostics, preventive actions treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with consumption of drugs or psychotropic substances without appointment of the doctor or new potentially dangerous psychoactive agents

has no rights

freely upon presentation of the business card to visit in connection with the investigated criminal cases and cases of administrative offenses which are in production, and also in connection with verification of the statements registered in accordance with the established procedure and messages on crimes, on administrative offenses, on incidents which permission is referred to competence of police, the government and municipal bodies, public associations and the organizations, to get acquainted with necessary documents and materials, including with the personal information of citizens concerning investigation of criminal cases, cases production of administrative offenses, verification of statements and messages on crimes, on administrative offenses, on incidents

realizes partially, in such formulation:
freely upon presentation of the business card to visit the government and municipal bodies, public associations and the organizations, to get acquainted with necessary documents and materials, including with the personal information of citizens concerning verification of messages on crimes, incidents and administrative offenses

to patrol settlements and public places, to equip if necessary control and check-points, to expose posts, including stationary, and barriers, to use other forms of protection of a public order

realizes partially, in such formulation:
to patrol the municipality territory, to equip if necessary control and check-points, to expose posts, including stationary, and barriers, to use other forms of protection of a public order

to demand from citizens (groups of citizens) to leave a place of commission of crime, an administrative offense, a scene if it is necessary for carrying out investigative actions, investigation and search operations, documenting of circumstances of commission of crime, an administrative offense, circumstances of incident, for preservation of traces of crime, an administrative offense, incident, for safety of citizens; for protection of life, health and property of citizens not to allow them on separate sites of the district and objects or to oblige to remain on the corresponding sites of the district and objects or to leave them; to address to groups of citizens which stay in public places isn't connected with the public and mass events held on legal grounds, with the requirement to disperse or pass into other place if the arisen congestion of citizens creates threat of their life and to health, life and health of other citizens, objects of property, breaks work of the organizations, obstructs traffic and pedestrians

realizes in full

to make protocols on administrative offenses, to collect proofs, to apply measures of ensuring production on cases of administrative offenses, to apply other measures provided by the legislation on administrative offenses

realizes partially, in such formulation:
to document and report to law-enforcement bodies for decision-making, the facts of commission by citizens and the organizations of administrative offenses

to make in the cases and an order provided by the criminal procedure legislation of the Russian Federation, investigative and other procedural actions

has no rights

to hold investigation and search operations; to make withdrawal of documents, subjects, materials and messages and other actions provided by the federal law at investigation and search operations implementation; to declare search and to take measures for search of the persons who committed crimes or suspected and accused of their commission, persons, missing persons, other persons which search is assigned to police by the present Federal law and also to declare search and to take measures for search of the stolen or hijacked vehicles, the stolen property, the property which is subject to confiscation

realizes partially, in such formulation:
when receiving from citizens of messages on the crimes and incidents demanding immediate reaction: to take measures for search of the persons who committed crimes or suspects of their commission, persons, missing persons. To take measures for search of the stolen or hijacked vehicles and other stolen property

to apply in the course of control (supervision) exercised in compliance of Federal Law «About Police», the measures of supervision over the course of social rehabilitation of the persons released from imprisonment places provided by the federal law

has no rights

to bring according to the federal law to heads and officials of the organizations ideas of elimination of the reasons and conditions, obligatory for execution promoting realization of threats to security of citizens and public safety, commission of crimes and administrative offenses

has no rights

to bring citizens, that is to carry out their compulsory forwarding, in office of territorial authority or division of police, to premises of municipal body, in other office for the solution of a question of detention of the citizen (at impossibility of the solution of the matter on a place); identifications of the citizen if reasons to believe are had that he is wanted as disappeared from bodies of inquiry, a consequence or court, or as evading from execution of criminal penalty or as the missing person; protection of the citizen against direct threat of his life and to health in case he isn't capable to take care of himself or if danger can't be avoided otherwise, and also in other cases provided by the federal law - with drawing up the protocol in the order established by parts 14 and 15 of article 14 of the present Federal law

realizes partially, in such formulation:
to bring citizens, that is to carry out their compulsory forwarding, in office of territorial authority of internal affairs (at impossibility of the solution of the matter on a place) for an identification of the citizen if reasons to believe are had that he is wanted as disappeared from bodies of inquiry, a consequence or court, or as evading from execution of criminal penalty or as the missing person; protection of the citizen against direct threat of his life and to health in case he isn't capable to take care of himself or if danger can't be avoided otherwise, and also in other cases provided by the legislation of the Russian Federation

to bring the citizens who are in public places in a condition of alcoholic, drug or other toxic intoxication and lost ability independently to move or be guided in a surrounding situation, in the medical organizations; to bring according to the written statement of citizens to the medical organizations or to office of territorial authority or division of police of the citizens who are together with them in the dwelling in a condition of alcoholic, drug or other toxic intoxication if there are bases to believe that they can do harm to life and health of citizens, to cause damage to property; to direct and deliver to medical examination in the relevant medical organizations of citizens for definition of existence in an organism of alcohol or drugs if the result of survey is necessary for confirmation or a denial of the fact of commission of crime or an administrative offense, for investigation on criminal case, for objective consideration of the case about an administrative offense, and also to carry out survey of the specified citizens on a state of intoxication in the order established by the Government of the Russian Federation

realizes partially, in such formulation:
to bring to the medical organizations or to office of territorial authority of internal affairs of the citizens who are in public places in a condition of alcoholic, drug or other toxic intoxication and lost ability independently to move or be guided in a surrounding situation, and also in cases if there are bases to believe that they can do harm to life and health of citizens, to cause damage to property; to direct and deliver to medical examination in the relevant medical organizations of citizens for definition of existence in an organism of alcohol or drugs if the result of survey is necessary for confirmation or a denial of the fact of commission of an administrative offense

to bring the minors who made offenses or antisocial actions and also neglected and homeless to detention centers for minor offenders of law-enforcement bodies, to specialized institutions for the minors needing social rehabilitation or to office of territorial authority or division of police on the bases and as it should be which are provided by the federal law

realizes partially, in such formulation:
to bring to office of territorial authority of internal affairs of the minors who made offenses or antisocial actions

to carry out in the order established by the legislation on administrative offenses, personal inspection of citizens, examination of the things which are at them, and also examination of their vehicles in the presence of data that these citizens have at themselves the weapon, ammunition, cartridges to the weapon, explosives, explosive devices, drugs, psychotropic substances or their precursors or toxic or radioactive materials to withdraw the specified subjects, means and substances in the absence of legal basis for their carrying or storage; to take part in examination of passengers, their hand luggage and baggage on railway, water or air transport, the subway or to carry out such examination independently for withdrawal of the things and subjects forbidden for transportation by vehicles

realizes partially, in such formulation:
to carry out in the order established by the legislation on administrative offenses, personal inspection of citizens, examination of the things which are at them, and also examination of their vehicles in the presence of data that these citizens have at themselves the weapon, ammunition, cartridges to the weapon, explosives, explosive devices, drugs, psychotropic substances or their precursors or toxic or radioactive materials to withdraw with the subsequent obligatory transfer to law-enforcement bodies the specified subjects, means and substances in the absence of legal basis for their carrying or storage

to claim for carrying out examinations by the letter of inquiry of authorized officials of police from the organizations irrespective of forms of ownership granting samples and catalogs of the production, technical and technological documentation and other information materials necessary for production of examinations; to conduct researches of subjects and documents in the presence of signs of the prepared, made or perfect illegal act; to carry out expertize (research) withdrawn from citizens and officials of the documents having fake signs, and also the things withdrawn from a civil turn or restrictedly transferable, being at them without special permission, and by results of such examination (research) to return these documents and things to owners, or to acquaint them as proofs on business, or to destroy in the order established by the Government of the Russian Federation or to transfer to destination in accordance with the established procedure

has no rights

to carry out for safety of citizens and a public order together with organizers of public and mass actions personal survey of the citizens who are at them things at pass in the territory of constructions on sites of the district or in public places where such events are held, with application in case of need of technical means, and at refusal of the citizen to undergo personal survey not to allow it on such territories, sites of the district and in such public places

realizes in full

to make registration, photography, audio-, film and the video filming, fingerprinting of the persons detained on suspicion in commission of crime, taken into custody, accused of commission of crime, subjected to administrative punishment in the form of administrative detention, other detained persons if during an established period of detention authentically to identify their personality it wasn't presented possible, and also other persons according to the federal law

has no rights

to stop vehicles if it is necessary for performance of the obligations for traffic safety assigned to police, to check documents for a right of use and managements of them, documents on vehicles and the transported freights, existence of the insurance policy of obligatory insurance of a civil liability of the owner of the vehicle; to carry out with participation of the drivers or citizens accompanying freights, survey of vehicles and freights at suspicion that they are used in the illegal purposes, with drawing up the relevant act; to detain the vehicles which are wanted; temporarily to limit or forbid traffic, to change the organization of the movement on separate sites of roads when carrying out public and mass actions and in other cases for creation of necessary conditions for the safe movement of vehicles and pedestrians or if use of vehicles threatens traffic safety; temporarily to limit or forbid traffic on the railway crossings which aren't answering to rules of their contents in a state, safe for traffic; to give out in accordance with the established procedure permissions to installation on vehicles of devices for giving of special light and sound signals, conventional identification marks (signals)

realizes partially, in such formulation:
to stop vehicles if it is necessary for performance of the obligations for traffic safety assigned to municipal police, to check documents for a right of use and managements of them, documents on vehicles and the transported freights, existence of the insurance policy of obligatory insurance of a civil liability of the owner of the vehicle; to detain the vehicles which are wanted; temporarily to limit or forbid traffic, to change the organization of the movement on separate sites of roads when carrying out public and mass actions and in other cases for creation of necessary conditions for the safe movement of vehicles and pedestrians or if use of vehicles threatens traffic safety

to demand from the government and municipal bodies, public associations and the organizations of carrying out the actions provided by the legislation on traffic safety; to limit or forbid carrying out on roads of the repair and construction and other works which are carried out with violation of requirements of regulations in the field of traffic safety; to detain vehicles and to discharge drivers of control of vehicles in the cases and an order provided by the legislation of the Russian Federation; to forbid operation of automotor-vehicles and trailers to them, tractors and other self-propelled cars with the technical malfunctions creating a threat to security of traffic, vehicles which owners didn't execute the obligation for insurance of a civil liability, and also the vehicles having the hidden, counterfeit, changed numbers of knots and units or the counterfeit, changed state registration signs, and equally having the marking which isn't corresponding to the data specified in registration documents established by the federal law; at implementation of the state control (supervision) in the field of safety of traffic to carry out inspections of activity of the organizations and individual entrepreneurs, to give out to officials of these organizations and individual entrepreneurs of the instruction about elimination of the revealed violations, including violations of requirements of regulations in the field of safety of traffic at construction, repair, reconstruction and the maintenance of roads

has no rights

to check places of storage, trade, a collecting and exhibiting of the weapon, the main parts of firearms if are available the given, giving grounds to suspect citizens of commission of crime, or there is an occasion to initiation of proceedings about an administrative offense; to check the documents confirming legality of possession (use) with them the civil or office weapon at citizens

has no rights

to establish reliability of the data containing in the documents submitted for making decision on issue of the licenses provided by point 23 of part 1 of article 12 of the present Federal law, including by carrying out interview with the competitor of the license, and also by the direction of inquiries in the appropriate law-enforcement, licensing, controlling, supervisory and other government bodies; to prolong and renew the granted licenses, to refuse issue of licenses in the presence of the bases provided by the federal law; at identification of violations to take measures for stay of action of licenses, their cancellation, and also other measures provided by the federal law

has no rights

to enter freely upon presentation of the business card the placements occupied by private detectives and also to premises of the organizations which are carrying out educational activities for programs of a vocational education of the private detectives, for performance assigned to police of obligations for control of observance of the legislation of the Russian Federation in the field of private detective (detective) activity; to receive written and oral information on private detectives and about the organizations which are carrying out educational activities for programs of a vocational education of private detectives; to issue instructions, obligatory for execution, about elimination of the revealed violations of the rules of private detective (detective) activity

has no rights

to ensure safety and anti-terrorist security, including with application of technical means, buildings, constructions, rooms and other objects of federal executive authority in the sphere of internal affairs, its territorial authorities, organizations and divisions; to demand from citizens of observance of the throughput and inside modes on the objects protected by police; to carry out examination and (or) survey of citizens, survey of the things which are at them, examination and (or) survey of vehicles at entrance on the protected objects and departure from the protected objects; at identification of the violations creating on the protected objects a threat to security of the citizens including serving (working) in law-enforcement bodies and also the conditions promoting plunders of property to take measures for suppression of the specified violations and elimination of the specified conditions; to use for the detection and withdrawal which are illegally brought (taken out), the imported (taken-out) properties, things, subjects and for fixation of illegal actions the technical means which aren't doing harm of life and to health of citizens, and also environment

has no rights

to participate in the inspections which are carried out by authorized federal executive authorities of the state control (supervision) in the field of transport safety

realizes within the powers

to participate in tax audits by inquiries of tax authorities of the Russian Federation, and also in checks of payers of insurance premiums (insurers) by inquiries of tax authorities or territorial authorities of Social Insurance Fund of the Russian Federation

has no rights

to receive for the prevention, identification and disclosure of crimes according to the legislation of the Russian Federation the data which are tax secret

has no rights

to apply on conditions and as it should be, provided by the federal law, measures of the state protection of the victims, witnesses and other participants of criminal legal proceedings, judges, prosecutors, investigators, officials of law enforcement and supervisory authorities, and also other protected persons

realizes in full

to apply during action of the martial law or state of emergency, during a counter-terrorist operation of a measure and the temporary restrictions set by federal constitutional laws and federal laws

realizes partially, in such formulation:
to apply during action of the martial law or state of emergency, during a counter-terrorist operation of a measure and the temporary restrictions set by federal constitutional laws and federal laws, control of which observance is imposed on municipal police by the order of the appropriate government body

to receive, consider, store, classify, to use, give out and destroy dactyloscopic information and genomic information according to the legislation of the Russian Federation

has no rights

to use in activity information systems, a video and audio technics, film and the photoequipment, and also other technical and special means which aren't doing harm of life and to health of citizens, and also environment; to conduct video banks and videoshops of persons, the being involved (involved) checks of police; to form, to conduct and use databanks of quick and help, criminalistic, expert and criminalistic, investigation and other information on persons, subjects and the facts; to use databanks of other government bodies and organizations, including personal information of citizens if the federal law didn't establish other

realizes partially, in such formulation:
to use in activity information systems, a video and audio technics, film and the photoequipment, and also other technical and special means which aren't doing harm of life and to health of citizens, and also environment; to form, to conduct and use databanks of quick and help, search and other information on persons, subjects and the facts; to use databanks of other government bodies and organizations, including personal information of citizens if the federal law didn't establish other

to involve citizens from their consent in non-staff cooperation; to establish secret cooperation with the citizens who showed willingness confidentially to render assistance to police on a gratuitous or paid basis; to declare purpose of remuneration for the help in disclosure of crimes and detention of the persons which made them and to pay it to citizens; to encourage the citizens who gave help of police in performance of other duties assigned to it; to involve to consultations in accordance with the established procedure specialists of the government and municipal bodies, the organizations with preservation of a salary behind them (the monetary contents) on a primary place of employment (service)

has no rights

to use on a grant basis possibilities of mass media and the information and telecommunication Internet for placement of information for establishment of circumstances of commission of the crimes, persons which made them and also for search of the persons which disappeared from bodies of inquiry, preliminary investigation or court, and persons, missing persons

has no rights

freely to use in the office purposes the means of communication belonging to the state enterprises, establishments and the organizations, and in cases, being urgent, - the means of communication belonging to the non-state enterprises, establishments and the organizations, and also public associations and citizens

realizes in full

to use in cases, being urgent, the vehicles belonging to the government and municipal bodies, public associations and the organizations (except for the vehicles belonging to diplomatic missions and consular establishments of the foreign states, representations of the international organizations), and in exceptional cases - the vehicles belonging to citizens for control of offenses, prosecutions of the persons who committed crimes or suspects of their commission, for bringing in the medical organizations of the citizens needing urgent medical care, for towing from a place of a road accident of the damaged vehicles, for journey to a place of commission of crime, an administrative offense, to a scene, discharging in need of drivers of control of these vehicles, with compensation in the order established by the federal law on request of owners of vehicles of the expenses incurred by them or the material damage caused to them

realizes in full

to carry out inspections of the legal entities and individual entrepreneurs which are carrying out the activity connected with trafficking in narcotics, psychotropic substances and their precursors according to the legislation of the Russian Federation

has no rights

to give out in accordance with the established procedure provided by the legislation of the Russian Federation on drugs, psychotropic substances and on their precursors of the instruction and the conclusion

has no rights

ATTENTION
the text is translated by means of technical means of the translation
original language of the text – Russian
some words and phrases can be translated not correctly and not correspond to original sense

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