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It is registered

Ministry of Justice of Ukraine

February 8, 2017

No. 183/30051

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 8, 2017 No. 313/5

About approval of the Instruction on the organization of activities of investigative divisions of body of the Public criminal and executive service of Ukraine

According to the Law of Ukraine "About the central executive bodies", and for the purpose of enhancement of activities of bodies of preliminary inquiry, proper accomplishment of the legislation on criminal proceedings by them I order to the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228:

1. To approve the Instruction on the organization of activities of investigative divisions of body of the Public criminal and executive service of Ukraine which is attached.

2. To department of the public law (Kravchenko L. M.) to submit this order on the state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About the state registration of regulatory legal acts of the ministries and other executive bodies".

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the deputy minister Chernyshev D. V.

Minister

P. Petrenko

It is approved by the Order of the Ministry of Justice of Ukraine of February 8, 2017 No. 313/5

Instruction on the organization of activities of investigative divisions of body of the Public criminal and executive service of Ukraine

I. General provisions

1. The organization of work of investigative divisions of body of the Public criminal and executive service of Ukraine (further - investigative division) provides effective participation of investigators in protection of the personality, society and state from criminal offenses, protection of the rights, freedoms and legitimate interests of participants of criminal trial in the way:

implementation of consideration of the applications and messages on criminal offenses;

entering of the corresponding data on their making into the Unified register of pre-judicial investigations;

conducting comprehensive, complete and impartial pre-judicial investigation of the criminal offenses committed in the territory or in premises of the Public criminal and executive service of Ukraine (further - GUIS of Ukraine);

possibilities of application of timely measures on ensuring the indemnification caused criminal offenses.

2. Activities of investigators depending on the operational situation in organizations of execution of punishments and pre-trial detention centers are performed on territorial and zone and/or to the linear principle.

3. The investigator performs procedural activities according to requirements of the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure). The investigator accepts all decisions on the direction of pre-judicial investigation and carrying out investigative (search) actions and secret investigative (search) actions independently, except as specified, when the law provides receipt of consent of the prosecutor, the investigative judge, court, and bears responsibility for their accomplishment.

4. Employees of other divisions of GUIS of Ukraine are forbidden by any method to interfere with procedural activities of investigators, including to request and check materials of criminal proceedings, to instruct or assessment to the proceeding decisions made by the investigator.

5. It is forbidden to involve investigators in accomplishment of the functions which are not connected with investigation of criminal offenses.

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