Searches without a court order: FSB developed new instructions
In the instructions published on the website regulation.gov.ru, it is saidThat "in cases that cannot be delayed and may lead to the commission of a serious or especially serious crime," a "reasoned decision" from one of the heads of the security agency is sufficient. The court must be notified within 24 hours.
The heads of the FSB who have the authority to issue such a resolution are: the first deputy director, the head of the department or administration, their deputies, or the heads of territorial bodies.
The instruction also obliges law enforcement officers to seize suspicious items, documents, and materials even if they are not related to the criminal case for which the search is being conducted. For example, this provision would allow for the confiscation of unregistered weapons from their owners.
The document also permits the use of "technical recording devices": this refers to the right of security forces to record searches on camera.
Lawyer Alexey Pryanishnikov рассказал Novaya Gazeta Evropa, that he doesn't understand the hype surrounding the new FSB instruction, since the current provision of Article 165 of the Criminal Procedure Code of the Russian Federation, as amended in 2016, has long allowed for urgent searches to be conducted without first going to court for permission.