of December 23, 1993 No. 3781-XII
About the state protection of employees of court and law enforcement agencies
This Law installs system of special measures to the state protection of judges of the Constitutional Court of Ukraine, judges and workers of offices of courts, employees of law enforcement agencies from preventing to accomplishment of the obligations assigned to them by the law and implementation of the granted rights, and also from infringement of life, health, housing and property of specified persons and their close relatives in connection with office activities of these persons.
In this Law the following concepts are used:
1. Law-enforcement bodies bodies of prosecutor's office, National police, security service, Military service of law and order in the Armed Forces of Ukraine, National anti-corruption bureau of Ukraine, bodies of protection of frontier, bodies of the income and charges, bodies and organizations of execution of punishments, pre-trial detention centers, bodies of the state financial control, fish conservation, the state forest protection, other bodies performing law-enforcement or law-enforcement functions.
According to this Law judges of the Constitutional Court of Ukraine, judges and workers of offices of courts, employees of the law enforcement agencies specified in part one of this Item and also employees of personnel structure of prospecting bodies of Ukraine the military personnel Sil of special transactions of the Armed Forces of Ukraine, the staff of Service of judicial protection, employees of the Antimonopoly Committee of Ukraine and authorized persons of the National commission on securities and the stock market of Ukraine which are directly participating respectively in are subject to protection:
a) constitutional production;
b) hearing of cases in courts, criminal proceedings and production on cases on administrative offenses
c) operational search and intelligence activities;
-1) in accomplishment of the fighting (special) tasks assigned to Forces of special transactions of the Armed Forces of Ukraine;
d) to protection of public order and public safety;
e) accomplishment of sentences, decisions, resolutions and determinations of courts, resolutions of bodies which perform operational investigation activities, pre-judicial investigation and prosecutors;
e) control of movement of people, vehicles, goods and other objects or substances through the state and customs border of Ukraine;
ё) supervision and control of execution of the laws.
2. Close relatives who according to this Law are subject to protection are parents, the spouse (spouse), children, brothers and sisters, the grandfather, the grandma, grandsons, infringement of life which health, housing and property interferes with accomplishment by employees of court and law enforcement agencies of the obligations assigned to them by the law and implementation of the granted rights.
Note. Concerning the judge of the Constitutional Court of Ukraine this Law extends to members of the family of the judge of the Constitutional Court of Ukraine whose list is determined in the Law of Ukraine "About the Constitutional Court of Ukraine"
According to the legislation of Ukraine employees of court and law enforcement agencies and their close relatives have the right:
a) apply measures of physical impact, special means and weapon for the purpose of ensuring execution of voluntarily not performed lawful instructions and oral requirements, to protection of personal security, safety of close relatives, and also the dwelling and property;
b) require and receive assistance performed by the obligations assigned to them, and in case of need - for personal protection, and also the dwelling and property from the relevant law enforcement and other state bodies;
c) perform special measures of safety;
d) receive material compensation in case of death of workers, mutilation or other damage of health, destruction or damage of its dwelling and property in connection with execution of service duties.
Life and health of employees of court and law enforcement agencies are subject to compulsory national insurance at the expense of means of the relevant budgets.
For safety of employees of court and law enforcement agencies and their close relatives, inviolability of home, and also safety of their property taking into account specific circumstances can be applied according to the legislation the following measures:
a) bodyguard, protection of the dwelling and property;
b) issue of weapon, individual protection equipment and the notification about danger;
c) installation of phone at the place of residence;
d) use of technical means of control and listening of telephone and other negotiations, visual observation;
e) temporary placement in the places ensuring safety;
e) ensuring confidentiality of data on subjects to protection;
є) transfer into other work, the direction into study, replacement of documents, change of appearance of personal and/or biometric data, resettlement to other residence.
1. In case of establishment of the data testimonial of real danger of infringement of persons specified in Article 2, measures for bodyguard of employees of court and law enforcement agencies and their close relatives, their dwelling and property are applied. If necessary the dwelling and property of protected persons at the expense of means of the local budget are equipped with means of the fire-proof and security alarm system, numbers of their room phones and the state registration plates of the vehicles belonging to them are replaced. Operating-technical means according to the Law of Ukraine "About operational search activities" can be also applied.
2. Procedure for implementation of measures of safety, provided by part one of this Article, and questions of recovery of the rights of protected persons are regulated by special regulations.
Depending on the degree of threat for life and health of employees of court and law enforcement agencies and to his close relatives, with observance of requirements of the current legislation weapon, special individual protection equipment and notifications about danger can be issued.
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