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The document ceased to be valid since November 7, 2015 according to Item 5 of the Section XI of the Law of Ukraine of July 2, 2015 No. 580-VIII 

LAW OF UKRAINE

of December 20, 1990 No. 565-XII

About militia

(as amended on 02-03-2015)

Section I. General provisions

Article 1. Militia in Ukraine

Militia in Ukraine - the state armed executive body protecting life, health, the rights and freedoms of citizens, property, the environment, interests of society and state from illegal encroachments.

Article 2. Main objectives of militia

The main objectives of militia are:

ensuring personal security of citizens, protection of their rights and freedoms, legitimate interests;

prevention of offenses and their suppression;

protection and ensuring public order;

identification of criminal offenses;

participation in disclosure of criminal offenses and search of persons which made them, according to the procedure, provided by the penal procedural legislation;

traffic safety;

protection of property against criminal and criminally illegal encroachments;

accomplishment of administrative punishments;

participation in rendering public and legal assistance to citizens, assistance in limits of the competence to state bodies, companies, organizations and organizations performed by the obligations assigned to them by the law.

Article 3. Principles of activities of militia

Activities of militia are based on the principles of legality, humanity, respect for the personality, social justice, interactions with labor collectives, public organizations and the population.

Activities of militia are vowel. It informs bodies of authority and management, labor collectives, public organizations, the population and mass media on the activities, condition of public order and measures for its strengthening. The militia promulgated information and provides information on requests according to the Law of Ukraine "About access to public information". Under bodies of militia accreditation of representatives of mass media, journalists according to the law can be carried out. Are not subject to disclosure of the data, constituting information with limited access, except the cases provided by the law.

In divisions of militia activities of political parties are not allowed. On duty employees of militia are independent of influence of political parties and other associations of citizens.

Article 4. Legal basis of activities of militia

The legal basis of activities of militia are: The constitution of Ukraine, this Law, other legal acts of Ukraine, the Resolution of the Supreme Council of Ukraine, presidential decrees of Ukraine, the Ministry of Internal Affairs of Ukraine, the Universal Declaration of Human Rights, the international precepts of law ratified in accordance with the established procedure.

Article 5. Activities of militia and right of citizens

The militia carries out the tasks impartially, in strict accordance with the law. No exceptional circumstances or instructions of officials can be the basis for any illegal actions or failure to act of militia. For ensuring public order employees of militia shall take measures irrespective of the subordination.

The militia respects advantage of the personality and shows to it the humane relation, protects human rights irrespective of social origin, property and other status, racial and national identity, nationality, age, language and education, the relation to religion, floor, political and other convictions. In case of the address to the citizen the employee of militia shall call the surname, rank and to show the official ID according to its requirement. In relations with citizens the employee of militia shall show high culture and step.

The militia does not disclose the data concerning private life of the person, degrading his honor and advantage if fulfillment of duties does not require other.

The militia temporarily, within the current legislation, limits the rights and freedoms of citizens if without it the duties assigned to it cannot be fulfilled, and shall make them explanations about it.

Militia:

provides to detainees and the arrested (detained) persons from the moment of detention or arrest (taking prisoner) the right to protect itself personally and to use legal assistance of the defender including free legal assistance according to the law which regulates provision of free legal assistance, realization of other rights of detainees and the arrested (detained) persons;

informs according to the procedure, established by the Cabinet of Ministers of Ukraine, the Center for provision of free secondary legal assistance about each case of detention, arrest or taking prisoner of person, except cases when protects such face itself personally or invited the defender;

immediately, but not later than in two hours after detention or arrest (taking prisoner) of persons reports about their residence to relatives and in case of the statement of the oral or written requirement - to the defender, and also administration on place of employment or studies;

three times a day on the single regulations established by the Cabinet of Ministers of Ukraine provide food of the detained persons;

if necessary takes measures for immediate rendering medical and other care by the detainee and the arrested (detained) persons.

In case of the statement detainees or the arrested (detained) persons of the oral or written requirement about involvement of the defender employees of militia have no right to demand from them giving any explanations or indications before arrival of the defender.

About the statement of the requirement about involvement of the defender or for refusal in involvement of the defender in the protocol of detention or the resolution on arrest (taking prisoner) the corresponding entry which is fastened with the signature of the detainee or the arrested (detained) person is made.

To persons during detention or arrest (taking prisoner) by employees of militia:

the bases and motives of such detention or arrest (taking prisoner) are reported, the right to appeal them in court is explained;

explanations of part one of article 63 of the Constitution of Ukraine, the right to refuse giving any explanations or indications before arrival of the defender and at the same time in printing - explanations of Articles 28, of 29, of 55, of 56, of 59, 62 and 63 Constitutions of Ukraine and the rights of persons, detainees or arrested (detained), established by the laws including the rights to perform protection of the rights and interests personally or by means of the defender from the moment of detention or arrest (taking prisoner) of person, the right to refuse giving any explanations or indications before arrival of the defender are made orally;

opportunity is provided from the moment of detention or arrest (taking prisoner) to protect itself personally and to use legal assistance of the defender including free legal assistance according to the law which regulates provision of free legal assistance.

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