of February 18, 1992 No. 2135-XII
About operational search activities
Task of operational search activities are search and fixing of actual data about illegal acts of individuals and groups, responsibility for which is provided by the Criminal code of Ukraine, prospecting subversive activities of special services of foreign states and the organizations for the purpose of suppression of offenses and for the benefit of criminal trial, and also receipt of information for the benefit of safety of citizens, society and the state.
Operational search activities are system of the vowels and secret search, prospecting and counterprospecting measures performed using operational and operating-technical means.
Operational search activities are based on the principles of supremacy of law, legality, observance of human rights and freedoms.
Operational search activities are performed by operational divisions:
The state bureau of investigations - operational, operating-technical, internal control, ensuring personal security;
The Security Service of Ukraine - counterintelligence, military counterintelligence, protection of national statehood, special divisions on fight against corruption and organized crime, operating-technical, internal security, operational documentation, fight against terrorism and protection of participants of criminal trial and employees of law enforcement agencies;
Services of foreign intelligence of Ukraine - agential investigation, operating-technical, personal security;
The State Border Service of Ukraine - prospecting body of specially authorized central executive body for protection of frontier (agential investigation, operating-technical, personal security), operational search divisions respectively specially authorized central executive body for protection of frontier and its territorial authorities, divisions on protection of frontier of bodies of protection of frontier and Sea protection, ensuring internal security, ensuring own safety, operational documentation and operating-technical;
managements of the state protection - division of operational ensuring protection only for the purpose of safety of persons and objects concerning which the state protection is performed;
bodies of the income and charges - operational divisions of tax police and divisions which combat smuggling;
bodies and organizations of execution of punishments and pre-trial detention centers of the Public criminal and executive service of Ukraine;
prospecting body of the Ministry of Defence of Ukraine - operational, operating-technical, personal security;
The paragraph is excluded according to the Law of Ukraine of 04.07.2013 No. 406-VII;
National anti-corruption bureau of Ukraine - detectives, operating-technical, internal control.
Carrying out operational search activities by other divisions of the specified bodies, divisions of other ministries, departments, the public, private organizations and persons is forbidden.
The cooperation in the field of operational search activities between the ministries, other central executive bodies, state bodies which part the operational divisions determined in article 5 of this Law both law-enforcement and special services of other states incorporating the relevant divisions are and also with the international law-enforcement organizations is performed according to the legislation of Ukraine, international treaties of Ukraine, and also constituent acts and rules of the international law-enforcement organizations which member is Ukraine.
The bases for carrying out operational search activities is:
1) availability of the sufficient information obtained in the procedure established by the law, the requiring check by means of investigation and search operations and means about:
- crimes which prepare;
- persons preparing crime execution;
- persons who disappear from bodies of pre-judicial investigation of the investigative judge, court or evade from serving of criminal penalty;
- persons it is unknown absent;
- prospecting subversive activities of intelligence agencies of foreign states, the organizations and individuals against Ukraine;
- to real threat of life, health, housing, property of employees of court and law enforcement agencies in connection with their office activities, and also persons who take part in criminal trial, members of their families and close relatives for the purpose of creation of necessary conditions for proper making of justice; the staff of prospecting bodies of Ukraine in connection with office activities of these persons, their close relatives, and also persons who confidentially cooperate or cooperated with prospecting bodies of Ukraine, and members of their families with the purpose of proper implementation of intelligence activities.
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