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Ministry of Justice of Ukraine

July 6, 2017

No. 822/30690

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of July 4, 2017 No. 2166/5

About approval of the Regulations on bodies of pre-judicial investigation of the Public criminal and executive service of Ukraine

According to part six of Article 216 of the Criminal Procedure Code of Ukraine, Items 4, 10 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, and for the purpose of ensuring pre-judicial investigation of the crimes committed in the territory or in premises of the Public criminal and executive service of Ukraine I order:

1. Approve Regulations on bodies of preliminary inquiry of the Public criminal and executive service of Ukraine which are applied.

2. To department of the public law (Kravchenko L. M.) provide submission of 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".

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

4. Control over execution of this order shall be entrusted to the deputy minister Chernyshev D. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of July 4, 2017 No. 2166/5

Regulations on bodies of preliminary inquiry of the Public criminal and executive service of Ukraine

I. General provisions

1. Bodies of pre-judicial investigation of the Public criminal and executive service of Ukraine (further - bodies of preliminary inquiry) are structural divisions of the Ministry of Justice of Ukraine and its interregional managements concerning execution of criminal penalties and probation of the Ministry of Justice, according to the Criminal Procedure Code of Ukraine (further - the Codes of Criminal Procedure) provide pre-judicial investigation of the criminal offenses carried to their competence.

2. Bodies of preliminary inquiry are:

1) investigative divisions of the Ministry of Justice of Ukraine;

2) investigative divisions of interregional managements concerning execution of criminal penalties and probation of the Ministry of Justice.

3. The legal basis of activities of bodies of pre-judicial investigation is constituted by the Constitution of Ukraine, the Criminal code of Ukraine, the Code of Criminal Procedure and other regulatory legal acts concerning pre-judicial investigation.

4. Activities of bodies of preliminary inquiry are performed according to the principles of supremacy of law, legality, equality before the law and court, respect of human dignity, ensuring right to liberty and security of person, inviolability of home or other ownership of person, the mystery of communication, non-interference to private life, immunity of the property right, presumption of innocence and ensuring validity of fault, freedom from self-exposure and the right not to witness against close relatives and family members, prohibition to bring twice to trial for the same offense, ensuring right of defense, competitiveness of the parties of criminal proceedings and freedom in representation by them to court of the proofs and in proof before court of their persuasiveness, spontaneity of research of indications, things and documents, providing the right to appeal of proceeding decisions, actions or failure to act, publicity, dispositivities, rationality of terms of pre-judicial investigation.

5. Activities of investigators depending on operational situation in organizations of execution of punishments and pre-trial detention centers are performed by territorial zone principle.

6. The investigator performs procedural activities according to requirements of 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.

7. Persons which do not have on that warrants of law 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.

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

9. Bodies of pre-judicial investigation are headed by heads of investigative divisions.

10. The structure of bodies of pre-judicial investigation affirms the Minister of Justice of Ukraine, the staff list - the State secretary of the Ministry of Justice of Ukraine.

11. Bodies of preliminary inquiry when implementing the powers interact with the ministries, other executive bodies, local government bodies, public institutions, public associations, and also according to the Code of Criminal Procedure and the existing international treaties with foreign competent and judicial authorities.

12. Employment relationships of investigators and employees of bodies of preliminary inquiry are regulated by the Labor code of Ukraine, the Laws of Ukraine "About public service", "About the Public criminal and executive service of Ukraine" and the signed employment contracts (contracts).

II. Tasks of bodies of pre-judicial investigation

1. The following tasks are assigned to bodies of preliminary inquiry:

1) protection of the personality, society and state against criminal offenses;

2) protection of the rights, freedoms and legitimate interests of participants of criminal trial;

3) ensuring bystry, complete and impartial investigation of criminal offenses, persons under investigation to investigators of bodies of the Public criminal and executive service of Ukraine (crimes - in the form of pretrial investigation, criminal offenses - in the form of inquiry);

4) ensuring compensation to physical persons and legal entities of the harm done by criminal offense;

5) identification of the reasons and conditions promoting making of criminal offenses and acceptance through relevant organs of measures for their elimination.

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