ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of September 24, 2010 No. 456

About approval of the Regulations on bases of the organization of disclosure of crimes by law-enforcement bodies of Ukraine

On fulfillment of requirements of the Laws of Ukraine "About militia", "About operational search activities" and for the purpose of enhancement of operational and service activity of law-enforcement bodies and increase in level of interaction of their structural divisions in fight against crime, in particular on disclosure of crimes I ORDER:

1. Approve Regulations on bases of the organization of disclosure of crimes by law-enforcement bodies of Ukraine which are applied.

2. To heads of structural divisions of central office of the Ministry of Internal Affairs, chiefs of head departments, Departments of MIA of Ukraine (further - GUMVD, Regional Office of the Ministry of Internal Affairs), city, district, gorrayonny and linear law-enforcement bodies of Ukraine (dalshegorraylinorgana) to concentrate effort on increase in level of fight against crime, in particular on strengthening of accounting and registration discipline, complex use of the available forces and means and attraction to disclosure of crimes of all employees of bodies and divisions of internal affairs irrespective of the directions them operational and service activity, conducting offensive investigation and search operations and investigative actions for identification, exposure and accountability of persons who prepare or committed crimes.

3. Control of final results of work on disclosure of crimes is imposed on chiefs of GUMVD, Regional Office of the Ministry of Internal Affairs, gorraylinorgan.

4. To chiefs of GUMVD, Regional Office of the Ministry of Internal Affairs, gorraylinorgan:

4.1. Organize obtaining, collection, accumulating and use of information, about persons, events and the facts promoting disclosure of crimes which are the integral task for one and all employees of law-enforcement bodies.

4.2. Direct the main attention of subordinate bodies and divisions of internal affairs to timely and efficient response to statements and messages concerning making of crimes for the purpose of bystry and their complete disclosure, exposure of all participants and episodes, their criminal activities, increase in efficiency of first-priority and subsequent operational search measures and investigative actions.

4.3. Estimate results of activities of services and divisions of law-enforcement bodies on counteraction of crime on direct disclosure of crimes by them and receipt of information promoting their disclosure.

4.4. Organize studying and fulfillment of requirements of the Regulations on bases of the organization of disclosure of crimes by law-enforcement bodies of Ukraine by staff of bodies and divisions of internal affairs of Ukraine.

5. To criminal investigation department (Lyashko O. I.) provide submission of the order to the Ministry of Justice of Ukraine for state registration in accordance with the established procedure.

6. Declare invalid the order of the Ministry of Internal Affairs of 30.04.2004 N 458 "About approval of the Regulations on bases of the organization of disclosure by law-enforcement bodies of Ukraine of crimes of general criminal orientation", registered in the Ministry of Justice of Ukraine 02.07.2004 for N 814/9413 (with changes).

7. To impose control over the implementation of the order on first deputies, deputy ministers, heads of structural divisions of the Ministry of Internal Affairs.

8. The order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Internal Affairs of September 24, 2010 No. 456

Regulations on bases of the organization of disclosure of crimes by law-enforcement bodies of Ukraine

1. General provisions

1.1. Disclosure of crimes and establishment of persons which made them are one of the main tasks of operational and service activity of bodies and divisions of internal affairs of Ukraine concerning protection of life, health, the rights and freedoms of citizens, property, interests of society and state, from illegal encroachments.

1.2. The legal basis of activities of law-enforcement bodies (further - OVS) on disclosure of crimes the Constitution of Ukraine, Criminal and Criminal procedure codes of Ukraine (further - UK and the Code of Criminal Procedure of Ukraine) constitute, the Laws of Ukraine "About militia", "About prosecutor's office", "About operational search activities", "About organization-legal bases of fight against organized crime", the international agreements of Ukraine, and also constituent acts, and rules of the international organizations of police which member is Ukraine.

1.3. Disclosure of crimes of Department of Internal Affairs is performed as soon as possible in combination with conducting investigation and search operations and investigative actions and consists in establishment of all participants of crimes, identification and proper documentation of episodes, their criminal activities, establishment of other circumstances which are subject to the proof in criminal case and matter for its correct decision.

Employees of Department of Internal Affairs irrespective of the direction of their work and competence need to take stipulated by the legislation measures for establishment of information about persons and the facts which matter for disclosure of crimes, immediately in accordance with the established procedure to inform on it control room of Department of Internal Affairs, the head of the relevant service, and also in writing to report on management of body or division of internal affairs.

1.4. Complex use of forces and means of all divisions of Department of Internal Affairs during disclosure of crimes chiefs of head departments, Departments of MIA of Ukraine (further - GUMVD, Regional Office of the Ministry of Internal Affairs), city, district, gorrayonny and linear will organize Department of Internal Affairs (further - gorraylinorgana) on the principles of centralization of management of them, coordination of actions and interaction.

1.5. Opened is considered the crime, criminal case on which is finished with investigation and one of the following decisions is accepted: as the prosecutor it is approved according to the procedure of article 232 Code of Criminal Procedure of Ukraine or the indictment and criminal case directionally in court is constituted according to the procedure of article 430 Code of Criminal Procedure of Ukraine; person who committed crime is established, based on Item 6 of Article 6, of Articles 7-2, 8, of 9, of 10 Codes of Criminal Procedure of Ukraine criminal case directionally in court for the solution of question of release of this person from criminal liability in connection with efficient repentance, conciliation of the person accused with the victim, application to the minor of enforcement powers of educational nature, transfer of person, on bails; person who committed crime is known and there are enough proofs specifying crime execution by this person, and criminal case concerning this person directionally in court for the solution of question of release it from criminal liability according to item 4 of Article 6, to part one of article 11-1 Code of Criminal Procedure of Ukraine as a result of the act of amnesty or in connection with the termination of prescriptive limits; criminal case directionally in court for the solution of question of release of person from criminal liability based on article 7 Code of Criminal Procedure of Ukraine as a result of change of situation; criminal case is closed concerning the dead based on Item 8 of article 6 Code of Criminal Procedure of Ukraine.

Accounting of results of investigation of crimes is performed according to requirements of the Instruction about the single crime reporting approved by the order of the Prosecutor General's Office of Ukraine, the Ministry of Internal Affairs of Ukraine, State Tax Administration of Ukraine, the Ministry of Defence of Ukraine, the State Customs Service of Ukraine, Administration of the State Border Service of Ukraine, the Ministry of Ukraine concerning emergency situations and for protection of the population against effects of the Chernobyl catastrophic crash, State department of Ukraine, concerning execution of punishments, Public judicial administration of Ukraine, of 25.05.2010 N 21/135/281/240/499/354/367/159/69, by filling with person making investigation of criminal case, statistical cards about effects of investigation of crime of form 1.1 (further - F. 1. 1) which are signed by the prosecutor and are sent to divisions of information technologies of GUMVD, Regional Office of the Ministry of Internal Affairs.

1.6. Crime on which person (persons) is considered established is the crime if to investigators charge is brought to this person (persons) for its making and the statistical card of form 4 is constituted (further - F. 4). Presentation to person (persons) of accusation for crime execution is not resulting effect of work of employees of Department of Internal Affairs, and the crime is not considered opened.

Operational maintenance of criminal case on which charge is brought to person is obligatory following stage of the subsequent work on disclosure of crime before the end of its investigation.

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