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Ministry of Justice of Ukraine

July 27, 2017

No. 918/30786

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of July 6, 2017 No. 570

About the organization of activities of investigative divisions of National police of Ukraine

(as amended on 20-06-2024)

According to the Criminal Procedure Code of Ukraine, the Laws of Ukraine "About the central executive bodies" and "About National police",  and for the purpose of enhancement of activities of bodies of preliminary inquiry, proper accomplishment by them of the legislation about criminal productions I order to Item 9 of the Regulations on the Ministry of Internal Affairs of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 2015 No. 878,:

1. Approve enclosed:

1) Regulations on investigative divisions of National police of Ukraine;

2) Instruction on the organization of activities of investigative divisions of National police of Ukraine.

2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine of August 9, 2012 No. 686 "About the organization of activities of bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine", registered in the Ministry of Justice of Ukraine on October 22, 2012 at No. 1769/22081 (with changes).

3. To department of forming of policy for authorities under control to the Minister and monitoring of the Ministry of Internal Affairs of Ukraine (Agropyron of Page E.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

5. To impose control of execution of this order on the Chairman of National police of Ukraine Knyazev S. N.

Minister 

A. B. Avakov

Approved by the Order of the Ministry of Internal Affairs of Ukraine of July 6, 2017 No. 570

Regulations on investigative divisions of National police of Ukraine

I. General provisions

1. Investigative division of National police of Ukraine (further - bodies of preliminary inquiry) are structural divisions of the office of the central governing body of police, its territorial authorities - head departments of National police in the Autonomous Republic of Crimea and the city of Sevastopol, areas and the city of Kiev, the territorial (isolated) subdivisions of head departments of National police in the Autonomous Republic of Crimea and the city of Sevastopol, areas and the city of Kiev (further - the territorial (isolated) subdivisions of police) which according to the penal procedural legislation, bodies of pre-judicial investigation, provide pre-judicial investigation of the criminal offenses carried to competence of investigators of bodies of National police.

2. Investigative divisions are:

1) the Main Investigation Department of National police (further - GSU);

2) investigation departments of head departments of National police in the Autonomous Republic of Crimea and the city of Sevastopol, areas and the city of Kiev (further - investigation departments);

3) investigative departments (departments) of the territorial (isolated) subdivisions of police.

3. The legal basis of activities investigative divisions constitute the Constitution of Ukraine, the Criminal code of Ukraine (further - UK of Ukraine), the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine) and other regulatory legal acts concerning pre-judicial investigation.

4. Activities of investigative divisions 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. Investigative divisions are headed:

in the central governing body of National police - the First Deputy Chairman of National police of Ukraine - the chief of GSU;

in head departments of National police in the Autonomous Republic of Crimea and the city of Sevastopol, areas and the city of Kiev (further - GUNP) - deputy chiefs of GUNP - chiefs of investigation departments;

in the territorial (isolated) subdivisions of police - deputy chiefs of the territorial (isolated) subdivisions of police - chiefs of investigative departments (departments).

6. The structure and the number of staff of investigative divisions affirm the Chairman of National police in accordance with the established procedure.

7. Investigative divisions when implementing the powers interact with the ministries, other central executive bodies, local government bodies, public institutions, public organizations and associations, and also according to international treaties of Ukraine with competent and judicial authorities of foreign states.

8. The legal and social guarantees provided by the Law of Ukraine "About National police" extend to employees of investigative divisions from among police officers.

The guarantees established by the Labor code of Ukraine, the Law of Ukraine "About public service" extend to other employees of investigative divisions.

II. Task of bodies of pre-judicial investigation

1. The following tasks are assigned to investigative divisions:

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 the criminal offenses referred to competence of investigators of bodies of National police;

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

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

2. Other tasks determined by the legislation of Ukraine of rather criminal proceedings also can be assigned to investigative divisions.

3. Investigative divisions shall apply all stipulated by the legislation measures to ensuring efficiency of pre-judicial investigation.

III. Main functions of investigative divisions

1. According to the tasks assigned to investigative divisions they perform the following functions:

1) comprehensive, complete and objective investigation of circumstances of criminal proceedings, identification as those circumstances which expose, and that which acquit the suspect, the person accused, and also the circumstances commuting or aggravating its penalty, provision of proper legal treatment by it and providing adoption of legal and impartial proceeding decisions;

2) the analysis of investigative practice, the organization and results of activities of investigators, introduction on the basis of it in accordance with the established procedure offers on increase in efficiency of functioning of investigative divisions, providing law and order, strengthening of fight against crime, informing the population on the specified questions through mass media;

3) development and implementation of actions on compliance with the law, strengthening of office discipline, improvement of quality of preliminary inquiry and reducing its terms;

4) studying, generalization of positive experience of pre-judicial investigation, its implementation in practice and development of modern techniques of investigation of separate types of criminal offenses;

5) the organization of interaction of investigative divisions with Office of the Attorney-General, regional, local prosecutor's offices, in particular prosecutors who exercise supervision of compliance with laws when conducting pre-judicial investigation in the form of procedural management of pre-judicial investigation, the bodies and divisions performing operational search and judicial and expert activities;

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