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Information law. Legal regime of archives (most important)

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85. LEGAL REGIME OF ARCHIVES

Legal basis for archiving constitute the information and legal norms of the Constitution of the Russian Federation and the Federal Law "On Archives in the Russian Federation".

The right to create archives belongs to legal entities and individuals of the Russian Federation.

Not allowed the creation of secret archives from documents of the state part of the Archival Fund of the Russian Federation, as well as those containing documents included in the established manner in the category of especially valuable and unique, or the creation of secret archives affecting the rights and legitimate interests of citizens.

Federal property includes archival funds and archival documents of federal state archives and document storage centers, archival funds and archival documents formed and formed in the activities of federal government bodies, the Prosecutor General's Office of the Russian Federation, the Central Bank of the Russian Federation and other banks classified as federal property, and also institutions, organizations and enterprises classified as federal property, archival funds and archival documents received in the prescribed manner from public and religious associations and organizations, legal entities and individuals.

Transfer of ownership rights to other persons in archival funds and archival documents of federal state archives and documentation storage centers, as well as archival funds and archival documents formed and formed in the activities of federal government bodies, the Prosecutor General's Office of the Russian Federation, the Central Bank of the Russian Federation and other banks classified as federal property, is carried out in the manner prescribed by law.

Transfer of ownership to other persons on archival funds and archival documents located on the territories of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg and which are federal property, with the exception of those specified in Part 1 of Art. . 8 Fundamentals of Legislation "On the Archival Fund of the Russian Federation and Archives" is carried out by the representative authorities of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg in agreement with the Federal Archival Service of Russia.

Archival funds and archival documents related to the state part of the Archival Fund of the Russian Federation cannot be the object of sale or other transactions, except when the transfer of ownership of these funds and documents is carried out in accordance with Parts 1, 2 and 3 of Art. 8 of these Fundamentals, as well as on the basis of a court decision.

The right of the owner of the archive, regardless of the form of ownership, is protected by the legislation of the Russian Federation. Not a single archival document can be seized without the consent of the owner or the body or person authorized by him, except on the basis of a court decision.

Archives, archival funds and archival documents in illegal possession are transferred to their legal owners in accordance with the legislation of the Russian Federation and international agreements with the participation of the Russian Federation.

Author: Yakubenko N.O.

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