5/24/2019 CLFR - Russia | Global Network Initiative NATIONAL SECURITY AND EMERGENCY POWERS FEDERAL LAW NO. 144-FZ DATED 12 AUGUST 1995 (THE “LAW ON INVESTIGATIVE ACTIVITIES”) Under article 8 of the Law on Investigative Activities, there are specific circumstances in which the state investigatory authorities (see paragraph 1.1 above, the “SIA“s) may intercept communications without the requirement to get a court order permitting it. These circumstances are where there is: an immediate risk of a grievous crime or an extremely grievous crime (as such terms are defined article 15 of the Criminal Code of the Russia Federation. Grievous crimes are intentional acts where the maximum penalty is ten years’ imprisonment, while extremely grievous crimes are intentional acts for which the maximum penalty exceeds ten years’ imprisonment); or evidence of an immediate threat to national security. Provided that one of these grounds is met, the director of an SIA may set out in a resolution that certain communications may be intercepted without the requirement for a court order. The SIA must inform the court of the interception within 24 hours of the interception commencing.  The court must make a decision on whether the interception was correctly undertaken within 48 hours of the start of the interception, or the interception must be terminated. FEDERAL CONSTITUTIONAL LAW NO. 35-FZ DATED 6 MARCH 2006 (THE “LAW ON COUNTER-TERRORISM”) Under article 11 of the Law on Counter-Terrorism, for the purposes of gathering evidence about past and potential acts of terrorism and people involved in those acts, the head of the Federal Security Service (or a person directly appointed by him) can implement ‘control’ over private communications within the scope of the counter-terrorism operation as set out by the head of the Federal Security Service.  ‘Control’ of communications is not defined in the Law on Counter-Terrorism, but it is possible that this provision could be interpreted widely to include the interception of, the blocking of, or imposition of restrictions on communications. FEDERAL LAW NO. 126-FZ DATED 7 JULY 2003 (THE “LAW ON COMMUNICATIONS”) AND REGULATIONS ADOPTED UNDER THE DECREE OF THE RUSSIAN GOVERNMENT NO. 895 (THE “REGULATIONS AFFECTING COMMUNICATIONS IN A PUBLIC EMERGENCY”) Under article 66 of the Law on Communications, the Federal Communications Agency (the state body responsible for communications) may, in the case of a public emergency which can be declared by the Federal Government of Russia, take control of telecommunications networks, and may authorise certain government agencies to shut down telecommunications services or networks temporarily.  The government agencies with https://globalnetworkinitiative.org/clfr-russia/ 4/9