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ORDER OF PUBLIC JUDICIAL ADMINISTRATION OF UKRAINE, MINISTRY OF JUSTICE OF UKRAINE

of July 18, 2022 No. 238/2975/5

About approval of the Procedure for electronic information exchange between Public judicial administration of Ukraine and the Ministry of Justice of Ukraine

According to the laws of Ukraine "About judicial system and the status of judges" and "About modification of some legal acts of Ukraine concerning implementation of the Unified register of persons condemned for crimes against sexual freedom and sexual integrity of juvenile person, and strengthening of responsibility for the crimes committed against sexual freedom and sexual integrity of juvenile person" by the Regulations on Public judicial administration of Ukraine approved by the Decision of the Supreme council of justice of January 17, 2019 No. 141/0/15-19, the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 02, 2014 No. 228, for the purpose of ensuring electronic information exchange we ORDER:

1. Approve the Procedure for electronic information exchange between Public judicial administration of Ukraine and the Ministry of Justice of Ukraine which is applied.

2. Public judicial administration of Ukraine and the Ministry of Justice of Ukraine in a month from the date of entry into force of this order to prepare and sign the agreement on information exchange drafted according to requirements of the Procedure for the organization of the electronic information exchange of the state electronic information resources approved by the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 No. 357, and the Regulations on electronic interaction of electronic information resources approved by the resolution of the Cabinet of Ministers of Ukraine of September 08, 2016 No. 606.

3. To the press service (as the sector) Public judicial administration of Ukraine (Pastukhov V.), Department of the public law of the Ministry of Justice of Ukraine (Kravchenko L.) post this order on the official sites of Public judicial administration of Ukraine and the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its signing.

5. To impose control of execution of this order on the vice-chairman of Public judicial administration of Ukraine of Chernutsky S. and the deputy minister of justice of Ukraine concerning digital development, digital transformations and digitalization Orlov S.

Chairman of Public judicial administration of Ukraine 

A.Salnikov

Minister of Justice of Ukraine

D. Malyuska

Approved by the Order of Public judicial administration of Ukraine, the Ministry of Justice of Ukraine of July 18, 2022, No. 238/2975/5

Procedure for electronic information exchange between Public judicial administration of Ukraine and the Ministry of Justice of Ukraine

1. This Procedure determines the mechanism of electronic information exchange between Public judicial administration of Ukraine and the Ministry of Justice of Ukraine (further - subjects of information relations) during exchange of information for the purpose of ensuring proper information filling of the Unified register of the convicts and persons detained and also ensuring operational obtaining by judges from this register of information necessary for implementation of powers by them.

2. Subjects which provide electronic information exchange according to this Procedure are:

1) the state company "Information Judicial Systems" (further - GP "ISS");

2) the state company "National Information Systems" (further - GP "NAIS").

3. During electronic information exchange according to this Procedure information systems of Public judicial administration of Ukraine and the Unified register of the convicts and persons detained are used (further - information systems of subjects of the information relations).

4. Subjects of information relations according to their powers determined by the legislation jointly establish the list of data, structure and format of information files which are transferred and adopted according to the procedure of electronic information exchange, procedures of interaction of information systems, forms of registers of information files of exchange, and also determine responsible structural divisions of subjects of the information relations and in connection therewith Rather make decisions which are drawn up by separate agreements on information exchange.

5. Exchange of information according to the procedure of electronic information exchange is performed with observance of requirements of the laws of Ukraine "About electronic documents and electronic document management", "About electronic confidential services", "About personal data protection".

6. Electronic information exchange is performed with use of information systems of subjects of the information relations means of system of electronic interaction of the state electronic information resources.

7. In case of circumstances which make impossible execution of provisions of this Procedure subjects of information relations shall inform on this each other within two working days following behind day of emergence of such circumstances.

8. In case of the automated exchange of information according to this Procedure subjects of information relations implement the organizational and technical actions providing information security, transferred taking into account extent of restriction of access to it and according to the legislation in the field of information security.

9. For information security the means of information protection having the certificate of conformity or the positive expert opinion by results of state examination in the field of technical and/or cryptographic information security are used.

10. GP "ISS" provides timely transfer to the Unified register of the convicts and persons detained of electronic copies of the judgments which took legal effect (including with the mark established by court that the judgment contains in substantive provisions the decision on entering of data of the person accused into the Unified register of persons condemned for crimes against sexual freedom and sexual integrity of juvenile person), together with data which according to part one of article 7 of the Law of Ukraine "About access to judgments" are not subject to disclosure in texts of the judgments necessary for the Ministry of Justice of Ukraine only for ensuring implementation by bodies and organizations of the Public criminal and executive service of Ukraine of the powers in the field of execution of punishments.

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