of July 12, 2018 No. 2507-VIII
About agreement performance between Ukraine and the Kingdom of the Netherlands about the international legal cooperation concerning the crimes connected with knocking down of the airplane of the run MH17 of Malaysian airlines on July 17, 2014
This Law determines features of accomplishment in the territory of Ukraine of the separate legal proceedings necessary for implementation of international cooperation within the Agreement between Ukraine and the Kingdom of the Netherlands on the international legal cooperation concerning the crimes connected with knocking down of the airplane of the run MH17 of Malaysian airlines on July 17, 2014 concluded on July 7, 2017 in Tallinn.
1. International cooperation within the Agreement between Ukraine and the Kingdom of the Netherlands on the international legal cooperation concerning the crimes connected with knocking down of the airplane of the run MH17 of Malaysian airlines on July 17, 2014 (further - the Agreement), is performed on the basis and according to the procedure, provided by the Criminal Procedure Code of Ukraine, the Agreement, other international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine which are applied in case of execution of the Agreement, and this Law.
2. In this Law terms are used in the value given in the Criminal Procedure Code of Ukraine, the Agreement and other international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine which are applied in case of agreement performance.
1. Day of the beginning of pre-judicial investigation in criminal proceedings which materials are emitted in separate production in connection with transfer by Ukraine to the Kingdom of the Netherlands of criminal proceedings based on the Agreement is day when pre-judicial investigation from which separate materials are emitted was begun.
2. During transfer by Ukraine to the Kingdom of the Netherlands of criminal proceedings based on the Agreement together with materials of criminal proceedings originals of protocols on carrying out secret investigative (search) actions can be transferred in criminal proceedings which are transferred, and appendices to them, and in case of need to be made and be transferred copies of such protocols, appendices.
3. From the moment of acceptance by the Kingdom of the Netherlands of criminal proceedings based on the Agreement pre-judicial investigation in it in the territory of Ukraine is finished, data on what are entered in accordance with the established procedure in the Unified register of pre-judicial investigations.
1. Person who is accused of the Kingdom of the Netherlands in making of crimes of stipulated in Item "b" of article 1 of the Agreement (further - the person accused) is in the territory of Ukraine and which issue to the Kingdom of the Netherlands it is refused, can be involved in judicial proceedings in the territory of the Kingdom of the Netherlands in the video conference mode based on request of competent authority of the Kingdom of the Netherlands about ensuring participation of person as the person accused in judicial proceedings in the territory of the Kingdom of the Netherlands in the video conference mode.
Participation of the person accused in judicial proceedings in the territory of the Kingdom of the Netherlands in the mode of video conference is provided only in the presence of the consent of the person accused.
2. The court to which the inquiry of competent authority of the Kingdom of the Netherlands is sent for execution is determined by the Supreme Court by the petition of the central body of Ukraine no later than five days from the date of receipt of such address about what the motivated decree is issued.
3. The court to which the inquiry of competent authority of the Kingdom of the Netherlands is sent for execution appoints judicial session for clarification of the questions connected with execution of such request what notifies the central body of Ukraine for informing competent authority of the Kingdom of the Netherlands on, and also performs judicial challenge.
Judicial session is appointed in reasonable time taking into account time necessary for ensuring participation in judicial session of the person accused, the counsel for the accused, the authorized representative of competent authority of the Kingdom of the Netherlands, the translator.
4. In judicial session the court identifies the person accused personality, reports the person accused of its right and obligation, provided by the Criminal Procedure Code of Ukraine, and in case of need explains them, explains to the person accused accusation essence based on information specified in request of competent authority of the Kingdom of the Netherlands, the right to be involved in judicial proceedings in the territory of the Kingdom of the Netherlands in the mode of video conference and effect of provision of such consent taking into account provisions of Item 3 of article 8 of the Agreement and also explains contents of article 14 of the Agreement.
The court gives opportunity to the authorized representative of competent authority of the Kingdom of the Netherlands to inform consent to participation in judicial proceedings charged about effects in the territory of the Kingdom of the Netherlands in the video conference mode according to the legislation of the Kingdom of the Netherlands, to explain to the person accused its procedural law, the stipulated by the legislation Kingdoms of the Netherlands, including the right to use during participation in judicial proceedings in the territory of the Kingdom of the Netherlands the help of the defender appointed according to the legislation of the Kingdom of the Netherlands.
5. The person accused agrees to participation in judicial proceedings in the territory of the Kingdom of the Netherlands in the video conference mode in judicial session personally in writing or by means of video.
At the same time the court shall be convinced whether correctly the person accused understands content and effects of its consent. The authorized representative of competent authority of the Kingdom of the Netherlands can ask questions to be convinced that the person accused gives the consent voluntarily and with complete understanding of its effects.
The consent of the person accused cannot be withdrawn.
6. The protocol of the legal proceedings performed during judicial session together with the data carrier on which by means of technical means legal proceedings are fixed and the original of consent of the person accused to participation in judicial proceedings in the territory of the Kingdom of the Netherlands in the video conference mode, in case of provision of such consent by the person accused, instantly go to competent authority of the Kingdom of the Netherlands.
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