It is registered
Ministry of Justice of Ukraine
April 26, 2017
of April 25, 2017 No. 1408/5
About approval of the Procedure of actions for safety of persons containing in organizations of execution of punishments and pre-trial detention centers
According to Article 10 of the Penitentiary code of Ukraine, the Laws of Ukraine "About safety of persons participating in criminal trial" "About pre-trial detention" I order:
2. To department of the public law (Kravchenko L. M.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".
4. Control over execution of this order shall be entrusted to the deputy minister Chernyshev D. V.
Approved by the Order of the Ministry of Justice of Ukraine of April 25, 2017, No. 1408/5
1. This Procedure is developed according to the Penitentiary code of Ukraine, the Laws of Ukraine "About safety of persons participating in criminal trial" (further - the Law), "About operational search activities", "About pre-trial detention", other regulatory legal acts and determines conditions of implementation of measures for safety of the persons detained, condemned to arrest, restriction of freedom, deprivation and lifelong imprisonment (further - the persons detained and condemned).
2. The reducings used in this Procedure have the following values:
DIZO - the disciplinary insulator;
OK - the solitary confinement;
PKT - the room of chamber type.
3. Safety of the persons detained and condemned, including, participating in criminal trial, is performed by operational divisions of organizations of execution of punishments and pre-trial detention centers.
4. To the person detained and condemned concerning which (which) are performed or security measures were performed, it is reported about it in writing.
1. The basis for taking measures to safety of persons specified in article 2 of the Law are this, testimonial of availability of real threat to their life, health, housing and property.
statement of the participant of criminal trial, member of his family or close relative;
address of the head of the relevant state body;
receipt of operational and other information about availability of threat of life, to health, housing and property of specified persons.
3. In the presence in the statement (message) on safety hazard of persons detained or the convicts participating in criminal trial of data on criminal offense the duty assistant to the chief of the pre-trial detention center or organization of execution of punishments or person fulfilling its duties directs this application (message) to the relevant law enforcement agency.
4. Safety of persons which are in organizations of execution of punishments or pre-trial detention centers or in places with special detention regime is provided with the measures specified in Articles 8, of 11, of 15, 16 Laws behind the exceptions following from requirements of the mode of their content. In addition to them also following measures can be applied:
transfer to other organization of execution of punishments or the pre-trial detention center or to other place with special detention regime;
Change of measure of restraint, type of organization of execution of punishments or the mode of serving sentence is performed with observance of the requirements provided by the existing penal, penal procedural and criminal and executive legislation.
5. If concerning person detained, or the convict which (which) participates in criminal trial is made the decision on application of security measures the administration of the pre-trial detention center or organization of execution of punishments immediately transfers such persons to the safe place and takes measures for danger elimination.
6. In case of safety hazard of person detained, or the convict concerning which (which) according to the law in connection with her (his) participation in criminal trial the decision on application of security measures is made under the motivated resolutions of the chief of the pre-trial detention center or organization of execution of punishments authorized by the prosecutor it is allowed to keep person detained or the convict in the separate camera PKT (OK), DIZO or punishment cell before the end of check, elimination of danger, the final conflict resolution or receipt of the job specification on transfer to other pre-trial detention center or organization of execution of punishments.
Application in the separate camera PKT (OK), DIZO or punishment cell is not allowed to minors of content, and in case of threat of their life they are transferred to other low-local or mass cell.
Persons detained or convicts, during isolation have the same rights and obligations which had before isolation.
About results of application or non-use of security measures persons specified in Item 2 of this Section are notified within a day.
7. The chief of the pre-trial detention center or organization of execution of punishments, where is person detained, or the convict, which (which) he participates in criminal trial and concerning which (which) security measures are performed establishes the list of necessary measures and methods of their realization, being guided at the same time by the specific facts of the case and need of elimination of the existing threat.
The chief of the pre-trial detention center or organization of execution of punishments who performs such measures informs the investigator, the prosecutor, court in whose production there are criminal proceedings on criminal offenses, and also the investigative judge if the decision on application of security measures was made by it on the taken security measures and their results.
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