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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of March 18, 2024 No. 709/5

About approval of the Procedure for application of electronic control facilities and supervision of behavior of faces to whom this obligation is assigned

According to the Law of Ukraine of August 23, 2023 No. 3342-IX "About modification in Criminal, Criminal procedural codes of Ukraine and other legal acts of Ukraine concerning enhancement of types of criminal penalties" and for the purpose of control of execution by convicts to punishment in the form of probation of supervision of obligation to use electronic control facility and supervision of PRIKAZYVAYU:

1. Approve the Procedure for application of electronic control facilities and supervision of behavior of persons to whom this enclosed obligation is assigned.

2. To department of the public law (Vasilchuk V.) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

3. This order becomes effective since March 28, 2024, but not earlier than day of its official publication.

4. To impose control over the implementation of this order on the deputy minister of justice of Ukraine Vysotskaya A.

Approved by the Order of the Ministry of Justice of Ukraine of March 18, 2024, No. 709/5

Procedure for application of electronic control facilities and supervision of behavior of persons to whom this obligation is assigned

I. General provisions

1. This Procedure determines algorithm of implementation by authorized bodies concerning probation (further - body of probation) control of execution by convicts to punishment in the form of probation of supervision of obligation to use electronic control facility and supervision and to live to the address specified in the judgment.

2. In this Procedure terms are used in the following values:

additional technical means means necessary for ensuring functioning of set;

the condemned person person sentenced to punishment in the form of probation of supervision to which the court assigns obligation to use electronic control facility and supervision and to live to the address specified in the judgment;

electronic control and supervision system died, directed to control and supervision of the condemned person;

electronic monitoring system of actions for determination of the location of the condemned person;

electronic control facility and supervision set of the device, intended for determination of the location of the condemned person in real time;

the electronic device device fixed on body of the condemned person for the purpose of determination of its location and signaling about exit out of limits of the permitted place of stay, attempt of person to perform independent renting of the device, damage or other intervention in its work with the evasion purpose from control and supervision;

the monitoring center - structural division of public institution "Center of probation" to which personnel the obligation of implementation of the round-the-clock control and monitoring on the location of the condemned person is assigned.

3. Other terms used in this Procedure are determined by the laws of Ukraine "About freedom of travel and the free choice of the residence in Ukraine", "About provision public (electronic public) services in declaring and registration of the residence in Ukraine".

4. Information on private life of the condemned person obtained during electronic monitoring is forbidden to be used differently, as for accomplishment of the tasks connected with ensuring accomplishment of the judgment on use of electronic control facility and supervision and accommodation to the address specified in the judgment.

II. Organization of application of electronic control facility and supervision

1. Application of electronic control facility and supervision consists in fixing on body of the condemned person of the electronic device which allows to determine its location in real time.

2. Other technical means which are subject to establishment at the place of residence of the condemned person can be applied to the electronic device.

3. It is forbidden to use the electronic device which did not receive the decision of the state sanitary and epidemiologic examination.

Before fixing of the electronic device its sanitary processing is surely performed.

4. For the purpose of control and supervision of use of electronic control facilities and supervision in the Unified register of the convicts and persons detained it is recorded issues/acceptances of electronic control facilities and supervision of the form given in appendix 1 to this Procedure.

5. Control of accounting and storage of electronic control facilities and supervision, observance of procedure for acceptance from the supplier, issues to the condemned person (return) is assigned to the employees of bodies of probation or responsible persons determined by public institution "Center of probation".

III. Organization of control of use of electronic control facility and supervision

1. In day of the first visit of the condemned person to body of probation the employee of body of probation has with it talk during which:

explains instructions for use electronic control facility and supervision and safe engineering in case of the treatment of him, consequences of intentional damage of electronic control facility and supervision or illegal removal of the electronic device for the purpose of evasion from control about what the instruction sheet in the form given in appendix 2 to this Procedure is handed to the condemned person under the personal signature;

issues the decree on determination of temporary borders during which the condemned person shall be on the residential address specified in the judgment (if such temporary borders were not specified in the judgment), in the form given in appendix 3 to this Procedure which person examines under the signature;

determines borders of the permitted zone in which the condemned person can freely move;

determines and approves about date and time of arrangement of the additional technical means which are subject to establishment at the place of residence of the condemned person, and fixing on his body of the electronic device taking into account Item 2 of this Section condemned by person.

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