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LAW OF UKRAINE

of December 23, 1993 No. 3782-XII

About safety of persons participating in criminal trial

(The last edition from 07-09-2016)

Section I. General provisions

Article 1. Concept of safety of persons participating in criminal trial

Safety of persons participating in criminal trial, that is in detection, the prevention, suppression, disclosure or investigation of criminal offenses, and also in judicial review of criminal proceedings is implementation by law enforcement agencies of the legal, organizational and technical and other actions directed to protection of life, the dwelling, health and property of these persons against illegal encroachments for the purpose of creation of necessary conditions for proper administration of justice.

Article 2. Persons having the right to safety

Have the right to safety by application of the measures specified in articles 1 and 7 of this Law in the presence of the corresponding bases:

a) person who declared in law enforcement agency criminal offense or took part in other form or promoted identification, the prevention, the termination or disclosure of criminal offenses;

b) victim and his representative in criminal proceedings;

c) suspect, person accused, defenders and legal representatives;

d) the civil claimant, the civil defendant and their representatives on the case of compensation of damage caused by criminal offense;

1) the representative of the legal entity concerning whom production is performed;

2) personnel of body of probation

e) witness;

e) expert, specialist, translator and witness;

є) members of families and close relatives of persons listed in the Items "and" - "e" this Article if by threats or other illegal actions concerning them attempts to exert impact on participants of criminal trial become.

Article 3. The bodies ensuring safety

1. Treat state bodies which the bodies ensuring safety of persons specified in article 2 of this Law:

a) make decisions on application of security measures;

b) perform security measures.

2. The decision on application of security measures is made by the investigator, the prosecutor, court in which production there are criminal proceedings of rather criminal offenses, in investigation or legal proceedings of which persons specified in article 2 of this Law and also body (division) which performs operational search activities, concerning persons who took part or promoted identification, the prevention, the termination of crimes accepted or are involved.

The decision on application of security measures can be made by the investigative judge in cases, stipulated in Article 206 Criminal Procedure Codes of Ukraine.

3. Implementation of security measures is assigned on competence to bodies of security service, the State bureau of investigations, law-enforcement bodies, bodies of National police or National anti-corruption bureau of Ukraine as a part of which structures special divisions are for this purpose created. Safety of persons who are accepted under protection if criminal proceedings are in production of tax police or court, provides according to their decision respectively body of security service, the State bureau of investigations, law-enforcement body, body of National police, National anti-corruption bureau of Ukraine or body or organization of execution of punishments, the pre-trial detention center. Safety of person taken under protection if it is contained in organization of execution of punishments or the pre-trial detention center, provides the relevant division of such organization or the pre-trial detention center irrespective of in what production of body there are criminal proceedings.

Article 4. The legal basis of safety of persons participating in criminal trial

The legal basis of safety of persons participating in criminal trial is the Constitution of Ukraine, this Law, Criminal and Criminal procedural codes of Ukraine, the Law of Ukraine "About operational search activities", other laws.

Section II. The rights and obligations of persons concerning which are performed security measure, and bodies providing it

Article 5. The rights and obligations of persons concerning which security measures are performed

1. Persons taken under protection have the right:

a) represent petitions for taking measures of safety or for their cancellation;

b) know about application concerning their security measures;

c) demand from the investigator, the prosecutor, court of application of additional security measures or cancellation of the performed actions;

d) appeal illegal decisions or actions of the bodies ensuring safety in the relevant higher body, to the prosecutor or in court.

2. Persons taken under protection shall:

a) satisfy conditions of implementation of security measures and legal requirements of the bodies ensuring safety;

b) to immediately inform the called bodies on each case of threat or illegal actions concerning them;

c) handle the property and documents issued to them in temporary uses of the body ensuring safety it agrees to the rules established by the legislation.

Article 6. The rights and obligations of bodies ensuring safety

1. The body making the decision on application of security measures has the right:

a) request from required materials and receive explanations without production of investigative actions according to statements and messages on safety hazard of persons on which the decision on application of security measures is made;

b) demand from the bodies performing security measures, acceptances of additional measures;

c) cancel the performed measures fully or partially.

2. The bodies performing security measures have the right:

a) determine security measures, means and methods of their application, in case of need to change and supplement these measures;

b) demand from persons taken under protection, observance of conditions of implementation of security measures, and also accomplishment of the legal orders connected using these measures;

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