The FSB has prepared an instruction allowing employees to carry out inspections of houses, apartments and cars without a court order. Draft document published on the portal of regulatory legal acts, attention to the document drew “Parliamentary newspaper”.
The document clarifies that conducting such a survey without a court decision limits the constitutional right of citizens to the inviolability of their homes. However, it can be allowed “in cases that brook no delay and may lead to the commission of a grave or especially grave crime.” Also, the reason may be “the availability of data on events and actions (inaction) that create a threat to the state, military, economic, information or environmental security” of Russia.
The decision to check is made “on the basis of a reasoned decision of one of the heads of the security agency.” It is specified that the FSB must notify the court of this within 24 hours. To conduct “other surveys” you will need the decision of one of the leaders of the FSB (for example, the director of the department or his first deputy). FSB officers can conduct an inspection without a decision, but they must inform the authorized head about this.
In addition, the instructions developed by the FSB make it possible to confiscate suspicious documents, items and materials. Information about everything that was seized must be entered into the protocol. It is clarified that all materials and items that have been withdrawn from civil circulation or are held by persons without special permission are “withdrawn in any case.”
In December 2022, the State Duma adopted a bill expanding the rights of police officers. The new rules allow law enforcement officers to open cars and apartments of Russians. The draft initially included the right to use firearms not only when citizens were dangerously approaching, but also in other cases, assessed by law enforcement officers as a “threat of attack”. After criticism of the deputies, this provision disappeared from the bill.
Details – in the material “Kommersant” “Amendments to the law disarmed.”