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Ministry of Justice of Ukraine

October 4, 2019

No. 1081/34052

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 19, 2019 No. 691

About approval of the Instruction about the treatment of explosive materials in bodies and divisions of National police of Ukraine and divisions of Expert service of the Ministry of Internal Affairs of Ukraine

According to item 4 of part one of article 23 of the Law of Ukraine "About National police", I ORDER to the subitem 16 of item 4 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, for the purpose of ensuring public safety of citizens and counteraction of crime:

1. Approve the Instruction about the treatment of explosive materials in bodies and divisions of National police of Ukraine and divisions of Expert service of the Ministry of Internal Affairs of Ukraine which is applied.

2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine of July 9, 2014 No. 653 "About approval of the Instruction about the treatment of explosive materials in bodies and divisions of internal affairs of Ukraine", registered in the Ministry of Justice of Ukraine on July 28, 2014 for No. 870/25647.

3. To management of interaction with National police of the Ministry of Internal Affairs of Ukraine (Sokolovsky A. A.) 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 state secretary Takhtaya of A. V. and the deputy minister Troyan of VA.

Minister

A. B. Avakov

 

It is approved:

Chairman of Public service of Ukraine of emergency situations

 

N. Chechetkin

Minister of social policy of Ukraine

Yu.Sokolovskaya

The chairman of Public service of Ukraine concerning work

G. Chernega

Chairman of National police of Ukraine

I. Klimenko

Approved by the Order of the Ministry of Internal Affairs of Ukraine of August 19, 2019 No. 691

The instruction about the treatment of explosive materials in bodies and divisions of National police of Ukraine and divisions of Expert service of the Ministry of Internal Affairs of Ukraine

I. General provisions

1. This Instruction determines procedure for the treatment of explosive materials persons who serve in National police of Ukraine (further - police officers), court experts of Expert service of the Ministry of Internal Affairs of Ukraine.

2. This Instruction is developed according to the Criminal Procedure Code of Ukraine, the Laws of Ukraine "About National police", "About judicial examination", the Regulations on National police approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 2015 No. 877, 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, the Regulations on Expert service of the Ministry of Internal Affairs of Ukraine approved by the order of the Ministry of Internal Affairs of Ukraine of November 3, 2015 No. 1343, registered in the Ministry of Justice of Ukraine on November 06, 2015 for No. 1390/27835.

3. In this Instruction terms are accepted in the following values:

explosive - the chemical or mix of substances capable under the influence of external impacts to bystry chemical transformation which happens to allocation of large amount of energy, heat and gaseous products;

the destructive device - the device of single application which is specially produced by industrial or self-made method which under certain circumstances is capable to explosion with formation of the striking factors caused by impact of energy of chemical explosion of explosives;

explosive materials - explosive devices of industrial and self-made production, explosives, blasting agents, means of initiation, other products and devices containing explosives;

the internal danger area - the site of the area intended for informing police officers on borders of special peril on effects of impact of the striking explosion factors per capita and surrounding objects. As the zone of interior of danger understand initial boundary to start performance of works by specialists bomb experts on discharge, transportation or destruction of destructive devices;

experimental testing - testing experimentally capabilities of explosive materials for proper use: for ammunition - capability during explosion to certain striking or destructive action, capability to be applied to shot from the corresponding type of arms; for means of initiation - capability to initiate explosion of charge of explosive; for pyrotechnic products - capability to creation of light, sound or smoke effects and so forth;

experimental explosion - complex of the organizational and technical actions connected with preparation and carrying out explosions which is performed in the presence of questions or doubts concerning suitability of explosive materials for explosion;

expert experiment - establishment of the mechanism of sledoobrazovaniye, interaction of certain parts of mechanisms - research objects, identification of causal relationship between certain phenomena, processes, receipt of samples for comparative research;

explosive charge - certain amount of explosive which is capable to explosion. Tests of explosives, washouts, traces of explosives after explosion do not belong to charges of explosives;

means of initiation - product and the device which are source of initial detonation impulse for implementation of explosion of charge of explosive (electrodetonators, cap detonators, mine detonators and so forth);

means of blasting - the devices intended for initiation of explosion of charge of explosive (detonators of hand-grenades, engineering ammunition, artillery shells, rockets, air bombs and so forth) which main components are means of initiation and the mechanism of actuating of means of initiation;

dabs - the washouts of traces of explosives which are selected from objects carriers by extraction method using gauze tampon and the distilled or purified water and organic solvents (acetone, acetonitrile, methanol, etc.), traces of potentially available explosives, their components and products of their explosive transformation;

the external danger area - the site of the area for informing people on danger delimitation where effects with damnification to health are possible during explosion. On perimeter of this zone the cordon is exposed and marking by special tape with the corresponding texts is made;

the initiator - the investigative judge or court which according to Article 242 of the Criminal Procedure Code of Ukraine charges to expert organization, the expert or experts conducting examination;

the head of explosive group - the employee of explosive division who the head of explosive division is determined by the senior of exit group;

the division manager of police - the chief of division of police or person fulfilling its duties in the territory of whose servicing inspection of the scene on the facts of identification, use or use of explosive materials is performed;

complex judicial examination - the expertize which is carried out with use of special knowledge of different branches of science, the equipment or other special knowledge (the different directions within one knowledge domain) for the solution of one general (integration) task (question);

the criminalist - the employee of department (sector) of criminalistic providing divisions of the investigation of National police of Ukraine;

inspection of the scene - the survey of the area, room connected with events of use of explosive materials or threats of their application;

portable explosive complex - the specialized car equipped with the special explosive equipment, intended for work of group of specialists bomb experts;

the explosive platform - the stationary or temporary place for carrying out explosive and special explosive works;

the treatment of explosive materials - activities of bodies and divisions of National police of Ukraine and divisions of Expert service of the Ministry of Internal Affairs of Ukraine which is connected with search of explosive materials during response to messages on threat of explosion, detection of explosive materials, their transportation, removal, destruction, destruction, exhaustion, storage, research, carrying out special explosive works;

tests of explosives - the tests which are selected from the mass of explosive in the quantity sufficient for safe carrying out research; lot of test of explosive shall not exceed 5 g;

the investigative experiment - investigative (search) action which is that the investigator, the prosecutor for the purpose of check and refining of the data important for establishment of circumstances of criminal offense carries out reproduction of actions, situations, circumstances of certain event makes necessary experiments and testing;

specialists bomb experts of National police of Ukraine (further - specialists bomb experts of NPU) - employees of explosive service of National police of Ukraine who had the corresponding training;

special explosive works - the works connected with search, identification, exhaustion, neutralization and destruction of explosive materials (including mine clearing), and also transportation of extremely dangerous explosive materials in blasting platforms;

stationary explosive laboratory - specially equipped rooms intended for conducting judicial explosive examinations and researches of destructive devices, traces and circumstances of explosion, maintaining accounting and reporting documentation;

stationary explosive complex - specially equipped rooms intended for the round-the-clock watch of specialists bomb experts, storage of explosive materials, the special explosive equipment;

judicial explosive examination - subspecies of criminalistic examination which subject are actual data (circumstances) connected with determination of group accessory and single source of origin of explosive devices in the whole type or with their fragments (splinters), elements of destructive devices, circumstances of explosion which are established on the basis of special knowledge in the field of criminalistic bomb experts on questions which are raised on permission of examination;

judicial examination is researches the expert on the basis of special knowledge of material objects, the phenomena and processes which contain information on the facts of the case, the pre-judicial investigation which is in production of bodies or court;

court experts are employees of Expert service of the Ministry of Internal Affairs of Ukraine who have qualification of the court expert with the right of conducting judicial examination on certain expert specialty (specialties);

court experts are bomb experts, employees of Expert service of the Ministry of Internal Affairs of Ukraine who are certified as court experts with the right of conducting explosive examination for expert specialty "Research of Destructive Devices, Traces and Circumstances of Explosion";

storage - the separate construction which is specially intended for storage of explosive objects of research;

regular explosive materials - explosive materials which provide explosive divisions of National police of Ukraine according to the relevant standards of accessory.

4. Special explosive works are carried out by specialists bomb experts of NPU.

5. Conducting judicial examinations on expert specialty "Research of Destructive Devices, Traces and Circumstances of Explosion" (further - explosive examinations) is performed by judicial experts-bomb experts.

6. Specialists bomb experts of NPU are attracted for implementation of inspection of the scene, and also for carrying out special explosive works and for technical assistance when carrying out expert experiments, experimental explosions, experimental testing, explosive test selection as specialists in criminal proceedings according to Article 71 of the Criminal Procedure Code of Ukraine.

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