It is registered
Ministry of Justice of Ukraine
October 22, 2018
No. 1190/32642
of October 1, 2018 No. 806/3105/5
About approval of the Instruction about measures for observance of requirements of the legislation during detention without resolution of the investigative judge, vessels of persons suspected of crime execution and election concerning suspects of measure of restraint - detention during pre-judicial investigation
According to Articles 176 - 178, 183, 207 - 212 Criminal Procedure Codes of Ukraine, to Item 6 parts one of article 23 of the Law of Ukraine "About National police", 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, to the Provision Item 10 about the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, for the purpose of non-admission of violations of requirements of the penal procedural legislation during detention without resolution of the investigative judge, vessels of persons suspected of making of crimes and election concerning suspects of measure of restraint in the form of detention, and also observance of fixed terms of content of suspects under guards it is ORDERED:
2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine of March 26, 2013 No. 289/540/5 "About measures for observance of requirements of the legislation during detention without resolution of the investigative judge, vessels of persons suspected of crime execution, and when electing concerning suspects of measure of restraint - detention during criminal proceedings", registered in the Ministry of Justice of Ukraine on April 11, 2013 for No. 602/23134.
3. To department of forming of policy for authorities and monitoring under control to the Minister (Bodnar V. 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. and the deputy minister of justice of Ukraine Chernyshov D. V.
Minister of Internal Affairs of Ukraine
A. B. Avakov
Minister of Justice of Ukraine
P.D.Petrenko
It is approved: First deputy |
D. Storozhuk |
Attorney-General of Ukraine Chairman of National police of Ukraine |
S. N. Knyazev |
Approved by the Order of the Ministry of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine of October 1, 2018 No. 806/3105/5
1. This Instruction is developed for the purpose of non-admission of violations of requirements of the penal procedural legislation during detention without resolution of the investigative judge, vessels of persons suspected of crime execution and election concerning suspects of measure of restraint in the form of detention, and also observance of fixed terms of content of suspects under guards.
2. The legal basis of observance by bodies of National police of requirements of the legislation during detention without resolution of the investigative judge, vessels of persons suspected of crime execution and election concerning suspects of measure of restraint - detention during pre-judicial investigation is the Constitution of Ukraine, the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine), the Laws of Ukraine "About National police", "About pre-trial detention", the Regulations on National police approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 2015 No. 877, and also this Instruction.
1. Deputy chiefs of head departments of National police (further - GUNP) in the Autonomous Republic of Crimea and Sevastopol, areas and Kiev - chiefs of investigation departments:
1) vessels of persons suspected of crime execution and also concerning terms of content of suspects under guards, including timeliness of informing administration of detention centers on their prolongation control observance of the Code of Criminal Procedure of Ukraine by investigators of subordinate investigative divisions during detention without resolution of the investigative judge;
2) is monthly generalized by data concerning persons exempted:
directly the investigators or officials responsible for stay and ensuring compliance with the rights of detainees who were late without resolution of the investigative judge, vessels, without submission of the petition to the prosecutor about election of measure of restraint from temporary detention centers (further - IVS) GUNP in the Autonomous Republic of Crimea and Sevastopol, areas and Kiev;
from detention centers in connection with:
cancellation of measure of restraint in the form of detention or its replacement by other measure of restraint;
bail;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.