Article 13 of the Criminal Code of the Russian Federation in a new edition with Comments and latest amendments for 2022

New edition of Art. 13 of the Criminal Code of the Russian Federation

1. Citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state.

2. Foreign citizens and stateless persons who have committed a crime outside the Russian Federation and are located on the territory of the Russian Federation may be extradited to a foreign state for prosecution or serving a sentence in accordance with an international treaty of the Russian Federation.

Commentary on Article 13 of the Criminal Code of the Russian Federation

1. Extradition means the transfer, upon request and under certain conditions, by one state to another (or an international criminal court) of a person located on its territory for prosecution or execution of a conviction passed by a court of the requesting state (or an international criminal court).

1.1. The institution of extradition to enforce a sentence (see Chapter 54 of the Code of Criminal Procedure of the Russian Federation) should not be confused with the transfer of a person sentenced to imprisonment in one state to serve the sentence in the state of his citizenship or permanent residence (see Chapter 55 of the Code of Criminal Procedure of the Russian Federation) .

2. In accordance with Part 1 of the comment. Article: Citizens of the Russian Federation who have committed crimes on the territory of a foreign state are not subject to extradition to that state. Part 1 art. 61 of the Constitution contains more stringent wording: a citizen of the Russian Federation cannot be extradited to a foreign state at all. Consequently, citizens of the Russian Federation located on its territory are also not subject to extradition: a) in the event of a crime being committed not only on the territory of a foreign state, but also on the territory of the Russian Federation or outside the territory of any state (for example, on the high seas outside a ship, registered in any state); b) to any foreign state, and not just to the state on whose territory they committed the crime.

3. Foreign should be understood as states located outside the territory of the Russian Federation, including the former republics of the USSR: the Republic of Latvia, Lithuania and Estonia, as well as states included in the CIS (Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Republic of Kyrgyzstan , Republic of Moldova, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan, Ukraine).

4. The constitutional ban on the extradition of citizens of the Russian Federation is not absolute. Formal interpretation of Part 1 of Art. 61 of the Constitution allows us to conclude that the extradition (transfer) of Russian citizens is possible at the request of an international criminal court, the powers and competence of which are recognized by the Russian Federation. Currently, there are two such courts: the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda, established by decisions of the UN Security Council.

5. In part 2 comments. The article provides for the possibility of extraditing foreign citizens and stateless persons who have committed crimes outside the Russian Federation, but are located on the territory of the Russian Federation, in accordance with an international treaty of the Russian Federation. Meanwhile, part 2 of Art. 63 of the Constitution allows extradition on the basis not only of an international treaty, but also of federal law. Such a law is the Code of Criminal Procedure, in accordance with which (Part 1 of Article 462) the Russian Federation can, on the basis of the principle of reciprocity, extradite to another state a foreign citizen or stateless person located on the territory of the Russian Federation for criminal prosecution or execution of a sentence for acts that are criminally punishable under the criminal law of the Russian Federation and the laws of the state that sent the request for the extradition of the person.

5.1. A foreign citizen is a person who has citizenship of a foreign state and does not have citizenship of the Russian Federation, and a stateless person (stateless) is a person who does not belong to the citizenship of the Russian Federation and does not have evidence of belonging to the citizenship of a foreign state (Article 3 of the Federal Law “On Citizenship of the Russian Federation”). Federation").

5.2. In accordance with Art. 77 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1993 (Minsk Convention), to which all CIS member states are parties, the Russian Federation may extradite to another contracting state foreign citizens and stateless persons who have committed a crime in its territory, if they are accused of committing several crimes, the cases of which are under the jurisdiction of the courts of both states, and the preliminary investigation has been completed in another state.

5.3. In part 2 comments. The article does not say anything about the possibility of extraditing foreign citizens and stateless persons to the international criminal court, the powers and competence of which are recognized by the Russian Federation. Taking into account Part 4 of Art. 15 of the Constitution of the Russian Federation, the issue of extradition in this case must be resolved in accordance with the international obligations of the Russian Federation.

6. The international legal framework for the interaction of the Russian Federation with foreign states in matters of extradition consists of bilateral and multilateral treaties concluded by both the USSR (a party to which the Russian Federation is a successor state of the USSR) and the Russian Federation itself. These are mainly agreements on legal assistance and legal relations in civil, family and criminal cases and extradition agreements.

6.1. Issues of extradition are regulated in detail in bilateral treaties on legal assistance and legal relations in criminal matters with Azerbaijan (1992), Albania (1953, 1995), Algeria (1982), Bulgaria (1975), Hungary (1958, with 1971 Protocol), Vietnam (1981, 1998), Greece (1981), Iraq (1973), Iran (1996), Yemen (1985) , Cyprus (1984), Kyrgyzstan (1992), DPRK (1957), Cuba (1984), Latvia (1993), Lithuania (1992), Mali (2000), Moldova (1993), Mongolia (1988, 1999), Poland (1995), Romania (1958), Tunisia (1984), Czechoslovakia (1982), Estonia (1993) .) and Yugoslavia (1962), as well as in extradition treaties with China (1995), India (1998) and Brazil (2002).

6.2. Multilateral treaties include the Minsk Convention of 1993, as well as the European Convention on Extradition (1957) with its additional Protocols of 1975 and 1978 <1>. ——————————— <1> NW RF. 2000. N 23. Art. 2348.

In addition to Russia, parties to the European Convention on Extradition are: Austria, Azerbaijan, Albania, Andorra, Armenia, Belgium, Bulgaria, Bosnia and Herzegovina, Great Britain, Hungary, Germany, Greece, Georgia, Denmark, Israel, Ireland, Iceland, Spain, Italy, Cyprus, Latvia, Lithuania, Liechtenstein, Luxembourg, Macedonia, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine, Finland, France, Croatia, Montenegro, Czech Republic, Switzerland, Sweden, Estonia, South Africa; Protocol 1975 - Azerbaijan, Albania, Andorra, Armenia, Belgium, Bulgaria, Bosnia and Herzegovina, Hungary, Georgia, Denmark, Iceland, Spain, Cyprus, Latvia, Lithuania, Liechtenstein, Luxembourg, Macedonia, Malta, Moldova, the Netherlands, Norway , Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Ukraine, Croatia, Montenegro, Czech Republic, Switzerland, Sweden, Estonia, South Africa; Protocol of 1978 - Austria, Azerbaijan, Albania, Armenia, Belgium, Bulgaria, Bosnia and Herzegovina, Great Britain, Hungary, Germany, Georgia, Denmark, Iceland, Spain, Italy, Cyprus, Latvia, Lithuania, Macedonia, Malta, Moldova, the Netherlands , Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine, Finland, Croatia, Montenegro, Czech Republic, Switzerland, Sweden, Estonia, South Africa <1>. ——————————— <1> For an updated list of states parties to the Convention and its Protocols, as well as their reservations and statements, see the Council of Europe website: conventions.coe.int.

6.3. The Russian Federation is a party to almost all universal (mainly concluded within the UN and its specialized agencies) and many regional international treaties on combating certain types of crimes. These treaties, in particular, contain the obligation of States parties to cooperate in matters of extradition in connection with the criminal acts specified therein. Some of these treaties provide that member states may consider them as a legal basis for the extradition of persons who have committed or are accused of committing crimes specified in these treaties (see paragraph 14.1 commentary to article 11, paragraph 6.2 comment. to Article 12, as well as the UN Convention on the Law of the Sea (1982)).

Issues of extradition are also regulated in the Agreement between the Government of the Russian Federation, the Government of Canada, the Governments of member states of the European Space Agency, the Government of Japan and the US Government regarding cooperation on the International Space Station for civil purposes (1998).

6.4. Based on Part 4 of Art. 15 of the Constitution, the norms contained in international treaties can be applied directly by law enforcement agencies if the provisions of these treaties are self-executing, i.e. do not require the publication of a special domestic legal act ensuring their implementation.

6.5. International treaties ratified and entered into force in relation to the Russian Federation are published in the Collection of Legislation of the Russian Federation and the Bulletin of International Treaties.

7. In the practice of applying the provisions of international treaties (primarily multilateral ones), it is necessary to take into account reservations and statements made by the Russian Federation and other parties to these treaties. Through the aforementioned reservations and declarations, the effect of individual contractual provisions between them can be changed, supplemented or officially interpreted. It should be borne in mind that in relations with the state that made the reservation and (or) statement, the other parties to the agreement have the right to apply the principle of reciprocity. (In the Russian Federation, reservations and statements of other parties to a multilateral treaty are not officially published, which makes its application difficult.)

8. If there are two or more successively concluded treaties with a specific state (for example, a bilateral treaty and the European Convention on Extradition), it is necessary to follow the conflict of laws rules contained in them (in the section “Final Provisions”), and in the absence of them, the following rule applies: previous a treaty applies only to the extent that its provisions are compatible with the provisions of the subsequent one (Article 30 of the Vienna Convention on the Law of Treaties (1969) <1>). ——————————— <1> Vedomosti USSR. 1986. N 37. Art. 772.

8.1. In accordance with Russian treaty practice, extradition is carried out for acts that are crimes under the laws of both the requesting and the requested state and for the commission of which (in the case of a request for extradition to be brought to justice) is punishable by imprisonment, usually for a period not less than one year or a more severe punishment (in the agreement with Iraq - not less than two years) or (in the case of a request for extradition to enforce a sentence) the person whose extradition is requested is sentenced to imprisonment for a term of at least six months (in in accordance with the European Convention on Extradition - at least four months).

In addition, in paragraph 2 of Art. 2 of the European Convention on Extradition provides: if the request for extradition involves a number of separate offenses, each of which is punishable under the law of the requesting party and the requested party by imprisonment or is subject to an order of arrest, but some of them do not meet the condition as to the period of possible punishment , the requested party has the right to extradite for these crimes.

9. According to treaties, as a rule, extradition does not take place if: a) the person whose extradition is requested is a citizen of the requested state; b) at the time of receipt of the request, criminal prosecution under the legislation of the requested state cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other legal grounds; c) in relation to the person whose extradition is requested, in the territory of the requested state, for the same crime, a verdict or order to terminate the proceedings was passed, which entered into legal force; d) the crime, in accordance with the legislation of the requesting and (or) the requested state, is prosecuted as a private prosecution; e) extradition is prohibited under the law of the requested state.

9.1. In accordance with Part 2 of Art. 63 of the Constitution, the extradition of persons persecuted for political beliefs, as well as for acts not recognized as a crime in the Russian Federation, is not allowed.

According to Part 1 of Art. 63 of the Constitution, the Russian Federation grants political asylum to foreign citizens and stateless persons in accordance with generally recognized norms of international law (see also the Regulations on the procedure for granting political asylum to the Russian Federation, approved by Decree of the President of the Russian Federation of July 21, 1997 N 746 (as amended on December 1. 2003)) <1>. However, in order to refuse to extradite a person in connection with his persecution for political opinions, it is not necessary that he has been granted political asylum in the Russian Federation. ——————————— <1> NW RF. 1997. N 30. Art. 3601; 2003. N 49. Art. 4755.

9.2. As a general rule, extradition is refused if it would be detrimental to the sovereignty, security or other essential interests of the requested State or would be contrary to its law or international obligations.

9.3. In accordance with paragraph 1 of Art. 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), a state party to the Convention must not extradite any person to another state if there are serious grounds for believing that he would be in danger of being subjected to torture there (definition torture is given in paragraph 1 of Article 1 of the Convention). According to paragraph 2 of Art. 3 of the Convention, in determining whether such grounds exist, the competent authorities of the requested State shall take into account all relevant circumstances, including the existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.

9.4. A number of treaties concluded by the Russian Federation in recent years contain provisions to refuse extradition if extradition is requested in connection with a crime that is punishable under military law, but is not a crime under general criminal law, as well as in connection with a crime that the requested state considers it political or associated with it (see Articles 3, 4 of the European Convention on Extradition).

Russian legislation does not contain the concept of “political crimes”. However, the Law on the Ratification of the European Convention on Extradition <1> reflects the statement of the Russian Federation that in all cases, when deciding issues of extradition, Russia will not consider “political crimes” or “crimes related to political crimes”, in particular , crimes provided for: a) in Art. II and III Conventions on the Prevention and Punishment of the Crime of Genocide (1948), art. II and III Conventions for the Suppression and Punishment of the Crime of Apartheid (1973) and Art. 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984); b) in Art. 50 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949), Art. 51 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949), art. 130 Geneva Convention relative to the Treatment of Prisoners of War (1949), art. 147 Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), Art. 85 Additional Protocol I to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (1977), and Art. 1 and 4 Additional Protocol II to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (1977); c) in the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971), and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988), supplementing the said 1971 Convention; d) in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); e) in the International Convention against the Taking of Hostages (1979); f) in the Convention on the Physical Protection of Nuclear Material (1980); g) in the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), as well as other comparable crimes provided for in multilateral international treaties to which the Russian Federation is a party (see paragraph 14.1 commentary to article 11 , paragraph 6.2 commentary to article 12). ——————————— <1> NW RF. 1999. N 43. Art. 5129.

In addition, in paragraph 3 of Art. 3 of the European Convention on Extradition provides that, for the purposes of this Convention, the murder or attempted murder of a head of state or a member of his family is not considered a political crime.

It should also be borne in mind that in accordance with Art. 1 of the European Convention for the Suppression of Terrorism 1977 <1> concluded within the framework of the Council of Europe, for the purposes of extradition between States Parties, none of the following offenses shall constitute a political offense or an offense connected with a political offense or an offense committed under political reasons: a) an offense under the provisions of the Convention for the Suppression of Unlawful Seizure of Aircraft (1970); b) an offense falling within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971); c) a serious offense involving an attempt on the life, physical integrity or freedom of internationally protected persons, including diplomatic agents; d) offenses involving kidnapping, hostage-taking or illegal forcible detention of persons; e) an offense related to the use of bombs, grenades, rockets, automatic small arms, letters or parcels containing explosive devices, if such use creates a danger to people; f) an attempt to commit one of the above offenses or participation as an accomplice of a person who commits such an offense or attempts to commit it. ——————————— <1> NW RF. 2003. N 3. Art. 202.

In addition to Russia, parties to the European Convention for the Suppression of Terrorism are: Austria, Azerbaijan, Albania, Armenia, Belgium, Bulgaria, Bosnia and Herzegovina, Great Britain, Hungary, Germany, Greece, Georgia, Denmark, Ireland, Iceland, Spain, Italy, Cyprus, Latvia , Lithuania, Liechtenstein, Luxembourg, Macedonia, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine, Finland, France, Croatia, Montenegro, Czech Republic, Switzerland, Sweden, Estonia <1 >. ——————————— <1> For an updated list of states party to the Convention and its Protocols, as well as their reservations and statements, see the Council of Europe website: conventions.coe.int.

9.5. In accordance with paragraph 2 of Art. 3 of the European Convention on Extradition, the Russian Federation must refuse extradition if it has substantial grounds for believing that the request for extradition relating to an ordinary criminal offense was made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that the person's position may be prejudiced for any of these reasons.

9.6. The European Convention on Extradition (Article 5) provides for the possibility of refusing assistance in relation to fiscal crimes (related to taxes, duties, duties and foreign exchange transactions). However, for parties to the Second Additional Protocol (1978) to this Convention, this limitation has largely been eliminated.

9.7. In accordance with Art. 11 of the European Convention, extradition may be refused where the offense for which it is requested is punishable by death under the law of the requesting State and where in respect of such offense the death penalty is not provided for by law or is not routinely carried out in the requested State, unless only the requesting party will not provide guarantees that the requested party considers sufficient that the death sentence will not be carried out. Since the Russian Federation does not apply the death penalty, it can use this rule when considering a request for extradition received from another party to this Convention.

9.8. Extradition may be refused if the crime for which it is requested was committed in the territory of the requested state or if the competent authorities of that state are conducting criminal proceedings against the person whose extradition is requested in connection with the crime specified in the extradition request.

9.9. When ratifying the European Convention on Extradition, the Russian Federation made a reservation that it reserves the right to refuse extradition: a) if the extradition of a person is requested for the purpose of prosecution in an emergency court or in summary proceedings or for the purpose of executing a sentence passed by an emergency by a court or through summary proceedings, when there are grounds to believe that during such proceedings this person will not be or were not provided with the minimum guarantees provided for in Art. 14 of the International Covenant on Civil and Political Rights <1> and Art. 2 - 4 of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms <2>. At the same time, the concepts of “extraordinary court” and “summary procedure” do not include any international criminal court, the powers and competence of which are recognized by the Russian Federation; b) if there are serious grounds to believe that the person in respect of whom the extradition request has been made has been or will be subjected in the requesting State to torture or other cruel, inhuman or degrading treatment or punishment, or that this person has not been subjected or the minimum guarantees provided for in Art. 14 of the International Covenant on Civil and Political Rights and Art. 2 - 4 of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms; c) based on humanitarian considerations, when there are grounds to believe that the extradition of a person may cause serious complications for him due to his advanced age or state of health; d) if the extradition of a person may harm the sovereignty, security, public order or other essential interests of the Russian Federation; Moreover, crimes in connection with which extradition cannot be carried out must be established by the Federal Law. ——————————— <1> Vedomosti USSR. 1976. N 17. Art. 291.

<2> Northwestern Russian Federation. 1998. N 20. Art. 2143.

10. In accordance with international treaties of the Russian Federation and Art. 465 of the Code of Criminal Procedure, a deferment of extradition is also possible (for example, if the person whose extradition is requested is subject to criminal prosecution or is serving a sentence for another crime in Russia) and extradition for a time (if the deferment of extradition may entail the expiration of the statute of limitations for criminal prosecution or cause damage crime investigation).

11. The Prosecutor General's Office of the Russian Federation sends requests to foreign states for the extradition of Russian persons and makes decisions on requests received from abroad.

12. For more details on organizational and procedural issues of extradition, see the commentary. to ch. 54 Code of Criminal Procedure <1>. ——————————— <1> Commentary on the Criminal Procedure Code of the Russian Federation / Rep. ed. IN AND. Radchenko; Scientific ed. V.T. Tomin, M.P. Polyakov. 2nd ed., revised. and additional M.: Yurait-Izdat, 2006.

Article 13. Police rights

[Police Act] [Chapter 3]
. To perform their duties, the police are granted the following rights:

1) demand from citizens and officials the cessation of illegal actions, as well as actions that impede the legitimate activities of state and municipal bodies, deputies of legislative (representative) bodies of state power, deputies of representative bodies of municipalities, members of election commissions, referendum commissions, as well as the activities of public associations;
2) check the identity documents of citizens if there is data giving grounds to suspect them of committing a crime or to believe that they are wanted, or if there is a reason to initiate an administrative offense case against these citizens, as well as if there are grounds for their detention in cases provided for by federal law; check from citizens, officials, public associations and organizations permits (licenses) and other documents to perform certain actions or to carry out a certain type of activity, control (supervision) over which is entrusted to the police in accordance with the legislation of the Russian Federation;
3) summon citizens and officials to the police in criminal cases under investigation and ongoing cases of administrative offenses, as well as in connection with the verification of statements and reports of crimes, administrative offenses, and incidents registered in the established manner, the resolution of which is within the competence of police; receive the necessary explanations, certificates, documents (copies thereof) in such cases, materials, statements and messages, including on instructions from the investigator and inquiry officer; to bring to the police, in cases and in the manner prescribed by federal law, citizens and officials who evade appearing when called upon without good reason;
4) in connection with criminal cases under investigation and cases of administrative offenses in progress, as well as in connection with the verification of duly registered statements and reports of crimes, administrative offenses, incidents, the resolution of which falls within the competence of the police, to request and receive free of charge, upon a reasoned request from authorized police officials from state and municipal bodies, public associations, organizations, officials and citizens, information, certificates, documents (copies thereof), other necessary information, including personal data of citizens, except in cases when federal law establishes a special procedure for obtaining information, in the manner determined by the federal executive body in the field of internal affairs and the federal executive body exercising the functions of developing state policy and legal regulation in the field of healthcare, request and receive information from medical organizations about citizens admitted with wounds and bodily injuries of a violent nature or with wounds and bodily injuries received as a result of road accidents, citizens who have medical contraindications or restrictions to driving activities, as well as persons recognized as drug addicts or consuming drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, on which the judge, when imposing an administrative penalty, is required to undergo diagnostics, preventive measures, drug addiction treatment and (or) medical and (or) social rehabilitation in connection with the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances;
5) to freely, upon presentation of an official identification card, visit in connection with criminal cases under investigation and pending cases of administrative offenses, as well as in connection with the verification of statements and reports of crimes, administrative offenses, and incidents registered in the prescribed manner, the resolution of which is attributed to competence of the police, state and municipal bodies, public associations and organizations, get acquainted with the necessary documents and materials, including personal data of citizens related to the investigation of criminal cases, proceedings in cases of administrative offenses, verification of statements and reports of crimes, administrative offenses, incidents;
6) patrol populated areas and public places, equip, if necessary, checkpoints and checkpoints, set up posts, including stationary ones, and barriers, and use other forms of maintaining public order;
7) demand from citizens (groups of citizens) to leave the scene of the commission of a crime, an administrative offense, the scene of an incident, if this is necessary for conducting investigative actions, operational investigative measures, documenting the circumstances of the commission of a crime, an administrative offense, the circumstances of an incident, to preserve traces of a crime, administrative offenses, incidents, to ensure the safety of citizens; in order to protect the life, health and property of citizens, prevent them from entering certain areas of the terrain and objects or oblige them to remain in the relevant areas of the area and objects or leave them; contact groups of citizens whose presence in public places is not related to legally held public and mass events, with a demand to disperse or move to another place if the resulting crowd of citizens poses a threat to their life and health, the life and health of other citizens, and property , disrupts the work of organizations, impedes the movement of vehicles and pedestrians;
draw up protocols on administrative offenses, collect evidence, apply measures to ensure proceedings in cases of administrative offenses, apply other measures provided for by the legislation on administrative offenses;
9) carry out investigative and other procedural actions in cases and in the manner provided for by the criminal procedural legislation of the Russian Federation;
10) carry out operational investigative activities; use, for the purpose of secrecy, documents that encrypt information about employees of internal affairs bodies, the departmental affiliation of their divisions, organizations and services, premises and vehicles, and process information about employees of internal affairs bodies contained in state information systems and (or) databases of state bodies and state extra-budgetary funds; carry out, when carrying out operational investigative activities, the seizure of documents, objects, materials and messages and other actions provided for by federal law; declare a search and take measures to find persons who have committed crimes or are suspected and accused of committing them, missing persons, other persons whose search is entrusted to the police by this Federal Law, as well as declare a search and take measures to search for stolen or stolen vehicles funds, stolen property, property subject to confiscation;
11) apply, in the process of control (supervision) carried out in accordance with paragraph 26 of part 1 of Article 12 of this Federal Law, the measures provided for by federal law to monitor the progress of social rehabilitation of persons released from places of deprivation of liberty;
12) submit, in accordance with federal law, to the heads and officials of organizations mandatory submissions on eliminating the causes and conditions that contribute to the implementation of threats to the safety of citizens and public safety, the commission of crimes and administrative offenses, to announce to an individual an official warning (warning) about the inadmissibility of actions, creating conditions for the commission of crimes, administrative offenses, the resolution of which falls within the competence of the police, or the inadmissibility of continuing antisocial behavior;
13) deliver citizens, that is, carry out their forced transfer, to the office premises of a territorial body or police unit, to the premises of a municipal body, to another office premises in order to resolve the issue of detaining a citizen (if it is impossible to resolve this issue on the spot); establishing the identity of a citizen if there is reason to believe that he is wanted as having fled from the bodies of inquiry, investigation or court, or as evading the execution of a criminal penalty, or as a missing person; protecting a citizen from an immediate threat to his life and health if he is unable to take care of himself or if the danger cannot be avoided in any other way, as well as in other cases provided for by federal law - with the drawing up of a protocol in the manner established by parts 14 and 15 of the article 14 of this Federal Law;
14) deliver citizens who are in public places in a state of alcohol, drug or other toxic intoxication and who have lost the ability to move independently or navigate the environment to medical organizations; to deliver, upon a written application from citizens, to medical organizations or to the office premises of a territorial body or police unit, citizens who are in the home with them in a state of alcohol, narcotic or other toxic intoxication, if there is reason to believe that they can cause harm to the life and health of citizens, cause property damage; send and (or) deliver citizens for a medical examination to the relevant medical organizations to determine the presence of alcohol or drugs in the body, if the result of the examination is necessary to confirm or refute the commission of a crime or an administrative offense, for the investigation of a criminal case, for an objective consideration of the case administrative offense, as well as conduct examinations of these citizens for intoxication in the manner established by the Government of the Russian Federation;
15) deliver minors who have committed offenses or antisocial acts, as well as neglected and homeless people to temporary detention centers for minor offenders of internal affairs bodies, to specialized institutions for minors in need of social rehabilitation, or to the office premises of a territorial body or police unit on the grounds and in the manner prescribed by federal law;
16) carry out, in the manner established by the legislation on administrative offenses, personal searches of citizens, searches of things on them, as well as searches of their vehicles if there is evidence that these citizens have weapons, ammunition, cartridges for weapons, explosives with them , explosive devices, narcotic drugs, psychotropic substances or their precursors or poisonous or radioactive substances, seize these items, means and substances in the absence of legal grounds for carrying or storing them; take part in the inspection of passengers, their hand luggage and baggage on railway, water or air transport, the subway and other types of off-street transport, or carry out such an inspection independently in order to seize things and objects prohibited for transportation by vehicles;
17) to request for examinations, at the written request of authorized police officials, from organizations, regardless of their form of ownership, to provide samples and catalogs of their products, technical and technological documentation and other information materials necessary for carrying out examinations; conduct research of objects and documents if there are signs of an illegal act being prepared, being committed or committed; carry out an examination (research) of documents confiscated from citizens and officials that have signs of forgery, as well as things withdrawn from civil circulation or of limited negotiability that are in their possession without special permission, and based on the results of such examination (research) return these documents and things to the owners , or attach them as evidence in the case, or destroy them in the manner established by the Government of the Russian Federation, or transfer them to their destination in the prescribed manner;
18) in order to ensure the safety of citizens and public order, together with the organizers of public and mass events, carry out personal inspection of citizens and their belongings when passing through the territory of buildings, areas of the area or public places where such events are held, using, if necessary, technical means, and if a citizen refuses to undergo a personal inspection, do not allow him to enter such territories, areas of the area and such public places;
19) carry out registration, photography, audio, film and video recording, fingerprinting of persons detained on suspicion of committing a crime, prisoners in custody, accused of committing a crime, subjected to administrative punishment in the form of administrative arrest, other detained persons, if within the established period during the period of detention it was not possible to reliably establish their identity, as well as other persons in accordance with federal law;
20) stop vehicles, if necessary to fulfill the duties assigned to the police to ensure road safety, check documents for the right to use and drive them, documents for vehicles and transported goods, the availability of an insurance policy of compulsory civil liability insurance of the owner of the vehicle; carry out, with the participation of drivers or citizens accompanying cargo, an inspection of vehicles and cargo if they are suspected of being used for illegal purposes, with the drawing up of an appropriate act; detain vehicles that are wanted; temporarily restrict or prohibit road traffic, change the organization of traffic on certain sections of roads during public and mass events and in other cases in order to create the necessary conditions for the safe movement of vehicles and pedestrians, or if the use of vehicles threatens road safety; temporarily limit or prohibit road traffic at railway crossings that do not comply with the rules for maintaining them in a condition safe for road traffic; issue, in accordance with the established procedure, permits for the installation on vehicles of devices for giving special light and sound signals, conventional identification signs (signals);
21) demand from state and municipal bodies, public associations and organizations to carry out activities provided for by the legislation on road safety; limit or prohibit repair, construction and other work on roads carried out in violation of the requirements of regulatory legal acts in the field of road safety; detain vehicles and remove drivers from driving vehicles in cases and in the manner provided for by the legislation of the Russian Federation; prohibit the operation of motor vehicles and trailers for them, tractors and other self-propelled machines in the presence of technical faults that pose a threat to road safety, vehicles whose owners have not fulfilled the obligation to insure civil liability established by federal law, as well as vehicles with hidden, counterfeit , altered numbers of components and assemblies or counterfeit, altered state registration plates, as well as having markings that do not correspond to the data specified in the registration documents; when exercising state control (supervision) in the field of ensuring road safety, conduct inspections of the activities of organizations and individual entrepreneurs, issue orders to officials of these organizations and individual entrepreneurs to eliminate identified violations, including violations of the requirements of regulatory legal acts in the field of ensuring road safety in construction, repair, reconstruction and maintenance of roads;
22) check the places of storage, trade, collection and display of weapons, main parts of firearms, if there is data giving grounds to suspect citizens of committing a crime, or there is a reason to initiate a case of an administrative offense; check citizens' documents confirming the legality of their possession (use) of civilian or service weapons;
23) lost force from January 1, 2022 - Federal Law of December 5, 2022 N 391-FZ
24) lost force from January 1, 2022 - Federal Law of December 5, 2022 N 391-FZ
25) ensure security and anti-terrorism protection, including with the use of technical means, buildings, structures, premises and other objects of the federal executive body in the field of internal affairs, its territorial bodies, organizations and divisions; require citizens to comply with access control and intra-facility regimes at police-protected facilities; carry out inspection and (or) inspection of citizens, inspection of things on them, inspection and (or) inspection of vehicles when entering and leaving protected objects; when identifying violations that create a threat to the safety of citizens at protected sites, including those serving (working) in internal affairs bodies, as well as conditions conducive to theft of property, take measures to suppress these violations and eliminate these conditions; to use technical means that do not cause harm to the life and health of citizens, as well as the environment, to detect and seize illegally brought in (taken out), imported (exported) property, things, objects and to record illegal actions;
26) has become invalid;
27) participate in inspections conducted by authorized federal executive bodies of state control (supervision) in the field of transport security;
28) participate in tax audits at the request of the tax authorities of the Russian Federation, as well as in audits of insurance premium payers (policyholders) at the request of tax authorities or territorial bodies of the Social Insurance Fund of the Russian Federation;
29) to receive, for the purpose of preventing, identifying and solving crimes in accordance with the legislation of the Russian Federation, information constituting a tax secret;
30) apply, under the conditions and in the manner prescribed by federal law, measures of state protection for victims, witnesses and other participants in criminal proceedings, judges, prosecutors, investigators, officials of law enforcement and regulatory authorities, as well as other protected persons;
31) apply during a period of martial law or a state of emergency, during a counter-terrorism operation, measures and temporary restrictions established by federal constitutional laws and federal laws;
32) receive, record, store, classify, use, issue and destroy fingerprint information and genomic information in accordance with the legislation of the Russian Federation;
33) use in their activities information systems, video and audio equipment, film and photographic equipment, as well as other technical and special means that do not cause harm to the life and health of citizens, as well as the environment; maintain video banks and video libraries of persons who have undergone (are undergoing) cases and materials of police checks; create, maintain and use data banks of operational reference, forensic, forensic, investigative and other information about persons, objects and facts; use data banks of other government bodies and organizations, including personal data of citizens, unless otherwise provided by federal law;
34) involve citizens, with their consent, in freelance cooperation; establish unspoken cooperation with citizens who have expressed a desire to confidentially provide assistance to the police free of charge or for a fee; announce a reward for assistance in solving crimes and detaining those who committed them, and pay it to citizens; encourage citizens who assisted the police in performing other duties assigned to them; involve specialists from state and municipal bodies and organizations for consultations in the prescribed manner, while retaining their wages (salary) at their main place of work (service);
35) use, free of charge, the capabilities of the media and the information and telecommunications network Internet to post information in order to establish the circumstances of the commission of crimes, the persons who committed them, as well as to search for persons who have fled from the bodies of inquiry, preliminary investigation or court, and persons missing persons;
36) freely use, for official purposes, means of communication belonging to state enterprises, institutions and organizations, and in urgent cases, means of communication belonging to non-state enterprises, institutions and organizations, as well as public associations and citizens;
37) use, in urgent cases, vehicles belonging to state and municipal bodies, public associations and organizations (with the exception of vehicles belonging to diplomatic missions and consular offices of foreign states, representative offices of international organizations), and in exceptional cases - vehicles belonging to citizens, to suppress crimes, pursue persons who have committed crimes or are suspected of committing them, to deliver citizens in need of urgent medical care to medical organizations, to tow damaged vehicles from the scene of a traffic accident, to travel to the scene of a crime. , administrative offense, to the scene of the incident, removing, if necessary, drivers from driving these vehicles, with compensation in the manner established by federal law at the request of vehicle owners for expenses incurred by them or material damage caused to them;
38) carry out, in accordance with the legislation of the Russian Federation, inspections of legal entities and individual entrepreneurs carrying out activities related to the circulation of narcotic drugs, psychotropic substances and their precursors, legal entities and individual entrepreneurs who are specialized organizations participating in the state registration of vehicles, or manufacturers state registration plates of vehicles;
39) issue, in the prescribed manner, orders and conclusions provided for by the legislation of the Russian Federation on narcotic drugs, psychotropic substances and their precursors;
40) to suppress the presence of unmanned aircraft in the airspace in order to protect the life, health and property of citizens over the venue of a public (mass) event and the adjacent territory, to carry out urgent investigative actions and operational search activities. Such suppression is carried out by suppressing or converting remote control signals of unmanned aerial vehicles, influencing their control panels, as well as damaging or destroying these vessels. The procedure for making a decision to suppress the presence of unmanned aircraft in the airspace for these purposes, as well as the list of police officials authorized to make such a decision, is determined by the head of the federal executive body in the field of internal affairs.

. The right to carry out actions provided for in paragraphs 20 and 21 of part 1 of this article is granted to specially authorized police officers.

. The procedure for exercising the rights granted to the police, if it is not subject to regulation by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, is determined by the federal executive body in the field of internal affairs.

. Requirements (requests, submissions, orders) of authorized police officials, provided for in paragraphs 4, 12, 17, 21, 22, 27 of part 1 of this article, are mandatory for execution by all state and municipal bodies, organizations, officials and other persons within the time limits specified established in the demand (request, presentation, order), but no later than one month from the date of delivery of the demand (request, presentation, order).

. The procedure for announcing an official warning (warning) provided for in paragraph 12 of part 1 of this article about the inadmissibility of actions that create conditions for the commission of crimes, administrative offenses, the resolution of which falls within the competence of the police, or the inadmissibility of continuing antisocial behavior, including the procedure for sending it (delivery), the form of the official warnings (warnings), as well as lists of categories of officials authorized to announce an official warning (caution), are determined by the federal executive body in the field of internal affairs.

Another comment on Art. 13 of the Criminal Code of the Russian Federation

1. Extradition (extradition) means the extradition of a person who has committed a crime by the state on whose territory he is located to another state where the crime was committed or of which he is a citizen, in order to bring the latter to criminal responsibility or to carry out the sentence.

2. Part 1 art. 13 of the Criminal Code, based on Article 61 of the Constitution of the Russian Federation, does not mean that Russian citizens are exempt from responsibility and punishment for committing crimes on the territory of other states. The issue of criminality and punishability of the act in this case is resolved in accordance with the norms of the Criminal Code of the Russian Federation.

3. According to Part 2 of Art. 63 of the Constitution of the Russian Federation also does not allow the extradition to other states of persons: a) persecuted for political beliefs and b) for actions (inactions) that are not recognized as a crime in Russia.

4. Foreign citizens and stateless persons who have committed crimes outside Russia and are located on its territory may be extradited to a foreign state to be prosecuted or serve a sentence in accordance with an international treaty (Part 2 of Article 13 of the Criminal Code of the Russian Federation).