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Ministry of Justice of Ukraine

April 26, 2017

No. 550/30418

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of April 25, 2017 No. 1408/5

About approval of the Procedure of actions for safety of the persons containing in organizations of execution of punishments and pre-trial detention centers

According to article 10 of the Criminal and executive code of Ukraine, the Laws of Ukraine "About safety of the persons participating in criminal trial" "About pre-trial detention" I order:

1. To approve the Procedure of actions for safety of the persons containing in organizations of execution of punishments and pre-trial detention centers which is applied.

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 of execution of this order on the deputy minister Chernyshev D. V.

Minister

P. Petrenko

No. 1408/5 is approved by the Order of the Ministry of Justice of Ukraine of April 25, 2017

Procedure of actions for safety of the persons containing in organizations of execution of punishments and pre-trial detention centers

I. General provisions

1. This Procedure is developed according to the Criminal and executive code of Ukraine, the Laws of Ukraine "About safety of the 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.

II. Implementation of actions for safety of the persons participating in criminal trial and in organizations of execution of punishments and pre-trial detention centers

1. The basis for taking measures to safety of the persons specified in article 2 of the Law are this, testimonial of availability of real threat to their life, health, housing and property.

2. And the convicts participating in criminal trial can be the reason for taking measures to safety of the persons detained:

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 the safety hazard of the persons detained or the convicts participating in criminal trial of data on the criminal offense the duty assistant to the chief of the pre-trial detention center or organization of execution of punishments or the person fulfilling its duties directs this application (message) to the relevant law enforcement agency.

4. Safety of the 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, 11, 15, 16 of the Law 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;

separate content.

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