of April 13, 2012 No. 4651-VI
1. The procedure for criminal proceedings in the territory of Ukraine is determined only by the penal procedural legislation of Ukraine.
2. The penal procedural legislation of Ukraine consists of relevant provisions of the Constitution of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, of this Code and other laws of Ukraine.
3. Changes can be made to the penal procedural legislation of Ukraine only by the laws on introduction of amendments to this Code and/or the legislation on criminal liability, and/or the legislation of Ukraine on administrative offenses.
1. Tasks of criminal proceedings are protection of person, society and state against criminal offenses, protection of the rights, freedoms and legitimate interests of participants of criminal proceedings, and also ensuring bystry, complete and impartial investigation and legal proceedings everyone who made criminal offense was made responsible moderately the fault, any innocent was not charged or condemned, any person was not subjected to unreasonable procedural coercion and that due course of law was applied to each participant of criminal proceedings.
1. Terms which are used in this Code if there are no separate instructions, have such value:
1) close relatives and family members - the husband, the wife, the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, the brother, the sister, the grandfather, the grandmother, the great-grandfather, the great-grandmother, the grandson, the granddaughter, the great-grandson, the great-granddaughter, the adoptive father or adopted, the guardian or the custodian, person who is on care or guardianship and also persons who jointly live are connected by general life and have the mutual rights and obligations, including persons who jointly live, but are not in scrap;
2) the chairman - the judge who considers case solely, and in case of joint consideration of the case - the judge-speaker determined by Single judicial information and telecommunication system during case distribution;
3) crown case - procedural activities of the prosecutor which consist in finishing before court of accusation for the purpose of ensuring criminal liability of person who made criminal offense;
4) inquiry - form of pre-judicial investigation in which investigation of criminal offenses is performed;
4-1) investigator - the official of division of inquiry of body of National police, security service, body of Bureau of economic safety of Ukraine, body of the State bureau of investigations, National anti-corruption bureau of Ukraine, in the cases established by this Code, the authorized person of other division of the specified bodies, authorized within the competence provided by this Code to perform pre-judicial investigation of criminal offenses;
5) pre-judicial investigation - stage of criminal proceedings which begins with the moment of entering of data on criminal offense into the Unified register of pre-judicial investigations and comes to an end with closing of criminal proceedings or the direction in court of the indictment, petition for application of enforcement powers of medical or educational nature, the petition for release of person from criminal liability the petition for closing of criminal proceedings;
6) pretrial investigation - form of pre-judicial investigation in which investigation of crimes is performed;
7) the law of Ukraine on criminal liability - legal acts of Ukraine which establish criminal liability;
7-1) heads of body of inquiry, the chief of division of inquiry of body of National police, security service, body of Bureau of economic safety of Ukraine, body of the State bureau of investigations, National anti-corruption bureau of Ukraine, and in case of absence of division of inquiry - the head of body of pre-judicial investigation;
8) the head of body of pre-judicial investigation - the chief of the Main Investigation Department, investigation department, department, department of body of National police, security service and deputies of the specified officials who act within the powers, the first deputy or the deputy director of the State bureau of investigations, the deputy director of territorial administration of the State bureau of investigations, the head of the Main Investigation Department, investigation department, department of body of the State bureau of investigations, the head of the Main division of detectives, divisions of detectives, department of detectives of body of Bureau of economic safety of Ukraine, the head of the Main division of detectives, divisions of detectives, department of detectives, divisions of internal control of National anti-corruption bureau of Ukraine, and also deputies of the specified officials, which are effective within the powers;
9) head of body of prosecutor's office - The Attorney-General, the head of regional prosecutor's office, the head of district prosecutor's office and their first deputies and deputies who act within the powers;
10) criminal proceedings - pre-judicial investigation and judicial proceedings, legal proceedings in connection with making of the act provided by the law of Ukraine on criminal liability;
11) juvenile person - the child before achievement of fourteen years by him;
12) the minor - juvenile person, and also the child aged from fourteen up to eighteen years;
13) accusation - the approval about the making by certain person of the act provided by the law of Ukraine on criminal liability pushed according to the procedure, established by this Code;
14) criminal prosecution - stage of criminal proceedings which begins with the message moment to person about suspicion of making of criminal offense;
15) the prosecutor - person holding position, the stipulated in Article 15 Laws of Ukraine "About prosecutor's office" also acts within the powers;
16) the size of minimum wage - the sum of money which equals to the monthly size of the minimum wage established by the law for January 1 of calendar year in which the proceeding decision is made or is performed legal proceeding;
16-1) other person, the rights or legitimate interests of which are limited during pre-judicial investigation, - person concerning whom (including concerning its property) the legal proceedings determined by this Code are performed;
16-2) exposer - physical person which with belief that information is reliable, filed petition or the message on corruption criminal offense in body of pre-judicial investigation;
17) the investigator - the official of body of National police, security service, body of the State bureau of investigations, body of Bureau of economic safety of Ukraine, the Main division of detectives, divisions of detectives, department of detectives, divisions of internal control of National anti-corruption bureau of Ukraine authorized within the competence provided by this Code to perform pre-judicial investigation of criminal offenses;
18) the investigative judge - the judge of Trial Court to which powers implementation according to the procedure belongs, provided by this Code, judicial control of observance of the rights, freedoms and interests of persons in criminal proceedings, and in case, stipulated in Article the 247th of this Code, - the chairman or by its determination other judge of the relevant Appeal Court. The investigative judge (investigative judges) in Trial Court is elected by charges of judges from the list of judges of this court;
19) the parties of criminal proceedings - from accusation: the investigator, the investigator, the head of body of pre-judicial investigation, the head of body of inquiry, the prosecutor, and also the victim, his representative and the legal representative in the cases established by this Code; from protection: the suspect, person concerning whom enough proofs for the message on suspicion of making of criminal offense are collected, but it is not reported about suspicion in connection with his death, accused (defendant), the convict, justified, person concerning whom application of enforcement powers of medical or educational nature is supposed or the issue of their application, their defenders and legal representatives was resolved;
20) Appeal Court - the relevant Appeal Court within which territorial jurisdiction there is Trial Court which made the appealed judgment, and also Appeal chamber of the Supreme anti-corruption court - on the judgments of the Supreme anti-corruption court made as Trial Court, and also on the judgments of other Trial Courts made prior to work of the Supreme anti-corruption court in criminal proceedings concerning the crimes carried by this Code to cognizance of the Supreme anti-corruption court;
21) court of cassation instance - Supreme Court;
22) Trial Court - local general court which has the right to pronounce sentence or to issue the decree on closing of criminal proceedings, and also the Supreme anti-corruption court in criminal proceedings of rather criminal offenses carried to its cognizance by this Code and also Appeal Court in the case provided by this Code;
23) the judge - the chairman, the vice-chairman, the judge of the Supreme Court, the Supreme anti-corruption court, Appeal Court, local general courts which according to the Constitution of Ukraine on professional basis are authorized to perform justice, and also the juror;
24) judicial proceedings - criminal proceedings in Trial Court which include preparatory judicial proceedings, legal proceedings and acceptance and declaration of the judgment, production on review of judgments in appeal, cassation procedure, and also on again revealed or exceptional circumstances;
25) participants of criminal trial - the party of criminal proceedings, the victim, his representative and the legal representative, the civil claimant, his representative and the legal representative, the civil defendant and his representative, the representative of the legal entity concerning whom production is performed the third party concerning whose property the issue of arrest is resolved, the other person, the rights or legitimate interests of which are limited during pre-judicial investigation, person concerning whom the question of issue in foreign state (extraditions), the applicant including the exposer, the witness and his lawyer, witnesses, the pledger, the translator, the expert, the specialist, the staff representative of body of probation, the court session secretary, the judicial manager is considered;
26) participants of production - the party of criminal proceedings, the victim, his representative and the legal representative, the civil claimant, his representative and the legal representative, the civil defendant and his representative, the representative of the legal entity concerning whom production is performed the staff representative of body of probation, the third party concerning whose property the issue of arrest is resolved, and also other persons, according to the petition or the claim of which in the cases provided by this Code is performed legal proceedings;
27) person concerning whom enough proofs for the message on suspicion of making of criminal offense are collected, but is not reported about suspicion in connection with his death, - physical person which did not acquire the status of the suspect accused in connection with his death, but concerning which enough proofs for the message on suspicion of making of criminal offense are collected;
28) person on whom the authorized body makes the decision on exchange as the prisoner of war, - any person having the procedural status of the suspect, person accused, convict and which is included by the relevant authorized body in the list for exchange as the prisoner of war
2. The terms "meeting of bondholders" and "administrator on bond issue" in this Code are used in the values given in the Law of Ukraine "About the capital markets and the organized goods markets".
3. Other terms which are used in this Code are determined by special regulations in this Code and other laws of Ukraine.
1. Criminal proceedings in the territory of Ukraine are performed on the bases and according to the procedure, provided by this Code, irrespective of the place of making of criminal offense.
2. The penal procedural legislation of Ukraine is applied also when implementing production of rather criminal offenses made in the territory of diplomatic representation or consular establishment of Ukraine abroad on the air, ocean or river craft which is outside Ukraine under flag or with identification mark of Ukraine if this vessel is attributed to the port located in Ukraine.
3. If international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, provide distribution of jurisdiction of Ukraine on staff of the Armed Forces of Ukraine which is in the territory of other state, then production of rather criminal offenses made in the territory of other state concerning person from such staff is performed according to the procedure, provided by this Code.
4. In case of accomplishment in the territory of Ukraine of separate legal proceedings on demand (order) of competent authorities of foreign states within international cooperation provisions of this Code are applied. At the request of competent authority of foreign state in case of accomplishment in the territory of Ukraine of such legal proceedings the procedural legislation of foreign state if it is provided by the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine, and in the absence of such international treaty of Ukraine - can be applied provided that this request does not contradict the legislation of Ukraine.
1. Legal proceeding is carried out, and the proceeding decision is made according to the provisions of this Code operating at the time of the beginning of accomplishment of such action or adoption of such decision.
2. Admissibility of proofs is determined by provisions of this Code which affected the moment of their obtaining.
1. Criminal proceedings by rules of this Code are performed concerning any person, except the cases provided by part two of this Article.
Features of criminal proceedings of rather separate category of persons are determined by Chapter 37 of this Code.
2. Criminal proceedings concerning person who uses diplomatic immunity can be performed by rules of this Code only in case of the consent of such person or in case of the consent of competent authority of the state (the international organization) which is represented by such person, according to the procedure, stipulated by the legislation Ukraine and international treaties of Ukraine.
1. Content and form of criminal proceedings shall answer the general principles of criminal proceedings to which they, in particular, belong:
1) supremacy of law;
2) legality;
3) equality before the law and court;
4) respect for human dignity;
5) ensuring right to liberty and security of person;
6) immunity of housing or other ownership of person;
7) mystery of communication;
8) non-interference to private life;
9) immunity of the property right;
10) presumption of innocence and ensuring validity of fault;
11) freedom from self-accusation and the right not to witness against close relatives and family members;
Will lock 12) twice to bring to trial for the same offense;
13) ensuring right of defense;
14) access to justice and obligation of judgments;
15) competitiveness of the parties and freedom in representation by them to court of the proofs and in finishing before court of their persuasiveness;
16) spontaneity of studying of indications, things and documents;
17) providing right to appeal of proceeding decisions, actions or divergence;
18) publicity;
19) dispositivity;
20) publicity and openness of judicial proceedings and its complete fixation by technical means;
21) rationality of terms;
22) language in which criminal proceedings are performed.
2. Content and form of criminal proceedings in the absence of the suspect or the person accused (in absentia) shall correspond to the general principles of criminal proceedings specified in part one of this Article taking into account the features established by the law.
The party of accusation shall use everything the opportunities for observance of the rights of the suspect or the person accused provided by the law (in particular, rights of defense, on access to justice, the mystery of communication, non-interference to private life) in case of implementation of criminal proceedings in the absence of the suspect or the person accused (in absentia).
3. Content and form of criminal proceedings in the conditions of warlike situation shall correspond to the general principles of criminal proceedings specified in part one of this Article taking into account the features of implementation of criminal proceedings determined by the Section IX-1 of this Code.
1. Criminal proceedings are performed with respect for the principle of supremacy of law according to which the person, its rights and freedoms are recognized the highest values and determine content and orientation of activities of the state.
2. The principle of supremacy of law in criminal proceedings is applied taking into account practice of the European Court of Human Rights.
1. During criminal proceedings court, the investigative judge, the prosecutor, the head of body of pre-judicial investigation, the investigator, other officials of public authorities shall adhere steadily to requirements of the Constitution of Ukraine, of this Code, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, requirements of other acts of the legislation.
2. The prosecutor, the head of body of pre-judicial investigation, the investigator shall comprehensively, fully and without prejudice to research circumstances of criminal proceedings, to reveal as those circumstances which expose, and those which acquit the suspect, person accused, and also to provide the circumstances commuting or burdening its penalty to them proper legal treatment and to provide adoption of legal and impartial proceeding decisions.
3. The laws and other regulatory legal acts of Ukraine which provisions concern criminal proceedings shall answer this Code. When implementing criminal proceedings the law which contradicts this Code cannot be applied.
4. If regulations of this Code contradict the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine, provisions of the corresponding international treaty of Ukraine are applied.
5. The penal procedural legislation of Ukraine is applied taking into account practice of the European Court of Human Rights.
6. In cases when provisions of this Code do not regulate or ambiguously regulate question of criminal proceedings, the general principles of criminal proceedings determined by part one of article 7 of this Code are applied.
1. There cannot be privileges or restrictions in the procedural law provided by this Code on signs of race, skin color, political, religious or other convictions, floor, ethnic and social origin, property condition, the residence, occupation, education, nationality, and also on language or other signs.
2. In the cases and procedure provided by this Code, certain categories of persons (minors, foreigners, persons with intellectual and physical defects, etc.) during criminal proceedings use additional guarantees.
1. During criminal proceedings the respect for human dignity, the rights and freedoms of each person shall be provided.
2. It is forbidden to subject during criminal proceedings person to torture, cruel, inhuman or such which degrades its advantage, to behavior or punishment, to resort to threats of use of such behavior, to hold person in humiliating conditions, to force to the actions degrading its advantage.
3. Everyone has the right to protect all means which are not prohibited by the law, the human dignity, the rights, freedoms and the interests violated during implementation of criminal proceedings.
1. During criminal proceedings nobody can be kept under guard, to be detained or limited in implementation of the right to free movement in a different way on suspicion or accusation in making of criminal offense differently as on the bases and according to the procedure provided by this Code.
2. Everyone who was detained on suspicion or accusation in making of criminal offense or otherwise is imprisoned, shall be brought in the shortest possible time to the investigative judge for the solution of question of legality and justification of his detention, other imprisonment and further content. The detained person immediately is exempted if within seventy two hours from the moment of detention it is not handed the motivated judgment on detention.
3. About detention of person, its capture into custody or restriction in the right to free movement in a different way, and also his close relatives, family members or other persons at the choice of this person according to the procedure, provided by this Code shall be immediately notified on its place of stay. The detained person, the person taken into custody or limited in the right to free movement to different way has the right to meeting with the defender (defenders) in criminal proceedings, the lawyer (lawyers), the legal representative (legal representatives) who (which) it represents (represent) person by hearing of cases about administrative offenses, administrative, civil, economic cases in court, the lawyer (lawyers), the specialist (specialists) in the field of the right which (which) represents (represent) person in the European Court of Human Rights, and the minor or person recognized in the procedure established by the law as incapacitated or is limited capable, also has the right to meeting with the () the legal representative (legal representatives), without delay in reasonable time according to its requirement without restriction of time and quantity in working, output, festive, non-working days at any time on own initiative and/or initiative of the defender (defenders), legal representative (legal representatives).
4. Everyone who over the term provided by this Code is held in custody or is imprisoned in a different way, shall be immediately exempted.
5. Detention of person, its capture into custody or restriction in the right to the free movement in a different way during criminal proceedings performed in the absence of the bases or with violation of the procedure provided by this Code involves the responsibility established by the law.
1. Penetration into housing or into other ownership of person, carrying out in them survey or search differently as according to the motivated judgment, except the cases provided by this Code is not allowed.
1. During criminal proceedings to everyone the mystery of correspondence, telephone conversations is guaranteed, to cable and other correspondence, other forms of communication.
2. Intervention in the mystery of communication is possible only based on the judgment in the cases provided by this Code for the purpose of identification and prevention of heavy or especially serious crime, establishment of its circumstances, person who committed crime if in a different way it is impossible to achieve this goal.
3. Information obtained as a result of intervention in communication cannot be used differently as for the solution of tasks of criminal proceedings.
1. During criminal proceedings non-interference in private (personal and family) life is guaranteed to everyone.
2. Nobody can collect, store, use and distribute information on private life of person without its consent, except the cases provided by this Code.
3. Information on private life of person obtained according to the procedure, provided by this Code, cannot be used differently as for accomplishment of tasks of criminal proceedings.
4. Everyone to whom the information access about private life is provided shall prevent disclosure of such information.
1. Deprivation or ownership limitation during criminal proceedings is performed only based on the motivated judgment made according to the procedure, provided by this Code.
2. On the bases and according to the procedure, provided by this Code, temporary withdrawal of property without judgment is allowed.
1. Person is considered innocent in making of criminal offense and cannot be subjected to criminal penalty until his guilt is proved according to the procedure, provided by this Code, and is established by conviction of court which took legal effect.
2. Nobody shall prove the innocence in making of criminal offense and shall be acquitted if the party of accusation does not prove guilt of person out of reasonable doubt.
3. Suspicion, accusation cannot be based on the evidence obtained in the illegal way.
4. All doubts concerning validity of fault of person are interpreted for benefit of such person.
5. The treatment of person which guilt in making of criminal offense is not ascertained by conviction of court which took legal effect shall answer the treatment of innocent person.
1. Any person cannot be forced to recognize the guilt in making of criminal offense or is forced to give explanations, evidences which can become the basis for suspicion, accusation in making of criminal offense by it.
2. Each person has the right not to tell anything concerning suspicion or accusation against it, to refuse to answer at any time question, and also to be without delay notified on these rights.
3. Any person cannot be forced to give explanations, evidences which can become the basis for suspicion, accusation in making by his close relatives or members of his family of criminal offense.
1. Nobody can be twice charged or punished for criminal offense for which he was justified or condemned based on the court verdict which took legal effect.
2. Criminal proceedings are subject to immediate closing if it becomes known that on the same accusation there is court verdict which took legal effect.
1. The suspect, the person accused, justified, condemned has right of defense which consists in provision to it opportunity to provide oral or written explanations concerning suspicion or accusation, the right to collect and produce the evidence, to take personal part in criminal proceedings, to use legal assistance of the defender, and also to exercise other procedural law provided by this Code.
2. The investigator, the prosecutor, the investigative judge, court shall explain to the suspect, the person accused of its right and to provide the right to qualified legal assistance from the electee to them or the appointed defender.
3. In the cases provided by this Code and/or the law which regulates provision of free legal assistance to the suspect, the person accused legal assistance it is provided free of charge at the expense of the state.
4. Participation in criminal proceedings of the defender of the suspect, the person accused, the representative of the victim, the representative of the third party concerning which property the issue of arrest is resolved do not narrow procedural law of the suspect, person accused, victim, the third parties concerning whose property the issue of arrest is resolved.
1. The right to fair treatment and the solution of case in reasonable time is guaranteed to everyone by the independent and just trial created based on the law.
2. The sentence and determination of court which took legal effect according to the procedure determined by this Code, are obligatory and are subject to unconditional accomplishment in all territory of Ukraine.
3. Everyone has the participation right in consideration in court of any instance of case which concerns its rights and obligations, according to the procedure, provided by this Code.
4. If another is not provided by this Code, implementation of criminal proceedings cannot be obstacle for access for person to other legal remedies if during criminal proceedings its rights guaranteed by the Constitution of Ukraine and international treaties of Ukraine are violated.
1. Criminal proceedings are performed on the basis of competitiveness which provides independent upholding of accusation by the party and party of protection of their legal line items, rights, freedoms and legitimate interests the means provided by this Code.
2. The parties of criminal proceedings have the equal rights to collection and idea in court of things, documents, other proofs, petitions, claims, and also on realization of other procedural law provided by this Code.
3. During criminal proceedings of function of crown case, protection and legal proceedings cannot be assigned to the same body or the official.
4. The message to person about suspicion of making of criminal offense, the address with the indictment and maintenance of crown case in court is performed by the prosecutor. In the cases provided by this Code the message to person about suspicion of making of criminal offense can be performed by the investigator in coordination with the prosecutor, and charges can be held by the victim, his representative.
5. Protection is performed by the suspect or the person accused, his defender or the legal representative.
6. Court, keeping objectivity and objectiveness, creates necessary conditions for realization by the parties of their procedural law and accomplishment of procedural obligations.
1. The court studies proofs directly. The court receives testimonies of participants of criminal proceedings orally.
2. Cannot be recognized as proofs of the data, containing in indications, things and documents which were not subject of direct studying of court, except the cases provided by this Code. The court can accept as the proof of the testimony of persons who do not give them directly in judicial session, only in the cases provided by this Code.
3. The party of accusation shall provide presence during legal proceedings of witnesses for the prosecution for the purpose of realization of the right side of protection on interrogation before independent and just trial.
1. The right to appeal of proceeding decisions, actions or divergence of court, the investigative judge, the prosecutor, the investigator according to the procedure, provided by this Code is guaranteed to everyone.
2. The right to review of sentence, determination of court which concerns the rights, freedoms or interests of person, court of the highest level according to the procedure, provided by this Code irrespective of whether person took it part in legal proceedings is guaranteed.
1. The prosecutor, the investigator shall begin within the competence pre-judicial investigation in each case of direct identification of signs of criminal offense (except as specified when criminal proceedings can be begun only based on the statement of the victim) or in case of receipt of the statement (message) on making of criminal offense, and also to take all measures provided by the law for establishment of event of criminal offense and person who made it.
1. The parties of criminal proceedings are free in use of the rights in limits and in method, provided by this Code.
2. The refusal of the prosecutor of maintenance of crown case involves closing of criminal proceedings, except the cases provided by this Code.
3. The investigative judge, court in criminal proceedings resolve only those issues which are submitted for their consideration by the parties and are carried to their powers by this Code.
4. Criminal proceedings in the form of private prosecution begin only based on the statement of the victim. The refusal of the victim, and in the cases provided by this Code, his representative from accusation is the unconditional basis for closing of criminal proceedings in the form of private prosecution.
1. Participants of judicial proceedings, and also persons who did not take part in criminal proceedings if the court resolved issue of their rights, freedoms, interests or obligations, cannot be limited in the right in court of both oral, and written information concerning results of legal proceedings and in the right to acquaintance with proceeding decisions and receipt of their copies. Nobody can be limited in the right in court of information on date, time and the place of jurisdiction and about the judgments made in it, except the cases established by the law.
2. Criminal proceedings in courts of all instances are performed openly. The investigative judge, court can make the decision on restriction of access for persons who are not participants of legal procedure in judicial session during the quarantine established by the Cabinet of Ministers of Ukraine according to the Law of Ukraine "About protection of the population against infectious diseases" if participation in judicial session poses threat of life or to health of person. The investigative judge, court can make the decision on implementation of criminal proceedings in the closed judicial session throughout all legal proceedings or its separate part only in case:
1) if the person accused is minor;
2) consideration of the case about criminal offense against sexual freedom and sexual integrity of person;
3) need to prevent disclosure of data on private and family life or circumstances which degrade advantage of person;
If implementation of production in proceeding in open court can lead 4) to disclosure of secret which is protected by the law;
5) need of safety of persons which takes part in criminal proceedings.
3. Personal records, letters, content of personal telephone conversations, cable and other messages can be announced in proceeding in open court if the investigative judge, court does not make the decision on their studying in the closed judicial session based on Item 3 parts two of this Article.
4. Criminal proceedings in the closed judicial session perform court with observance of the rules of practice provided by this Code. At legal proceedings at the closed judicial session there can be only parties and other participants of criminal proceedings.
5. During legal proceedings and in the cases provided by this Code during pre-judicial investigation complete fixation of judicial session and legal proceedings with the help zvuko-and the video writing down technical means is provided. Official record of judicial session is only technical record performed by court according to the procedure, provided by this Code.
6. Everyone who is present at courtroom can keep the shorthand report, do notes, use portable audiorecorders. Carrying out in courtroom of photographing, video, broadcasting of judicial session on radio and television, and also carrying out sound recording using the stationary equipment are allowed based on determination of court which is accepted taking into account opinion of the parties and possibility of carrying out such actions without prejudice to legal proceedings.
7. The judgment made in proceeding in open court is proclaimed publicly. If legal proceedings took place in the closed judicial session, the judgment is proclaimed publicly with the omission of information for which studying the closed judicial session was held and which at the time of declaration of the judgment is subject to further protection against disclosure.
1. During criminal proceedings each legal proceeding or the proceeding decision shall be executed or accepted in reasonable time. Terms which are objectively necessary for accomplishment of legal proceedings and adoption of proceeding decisions are considered reasonable. Reasonable times cannot exceed the terms of accomplishment of separate legal proceedings provided by this Code or adoption of separate proceeding decisions.
2. Conducting pre-judicial investigation is provided in reasonable time by the prosecutor, the investigative judge (regarding terms of consideration of the questions carried to its competence), and judicial proceedings - court.
3. Criteria for determination of rationality of terms of criminal proceedings are:
1) complexity of criminal proceedings which is determined taking into account the number of suspects, persons accused and criminal offenses concerning which production, amount and specifics of the legal proceedings necessary for implementation of pre-judicial investigation, etc. is performed;
2) behavior of participants of criminal proceedings;
3) method of implementation by the investigator, prosecutor and court of the powers.
4. Criminal proceedings concerning person who is held in custody, the minor or concerning the criminal offense made concerning the juvenile or the minor shall be it is performed instantly and considered in court in the first place.
5. Everyone has the right that accusation concerning it in the shortest possible time or became subject of legal proceedings, or that the corresponding criminal proceedings concerning it were closed.
6. The suspect, the person accused, the victim, other persons, the rights or interests of which are limited during pre-judicial investigation have the right to the address to the prosecutor, the investigative judge or in court with the petition in which the circumstances causing need of implementation of criminal proceedings are stated (or separate legal proceedings) in shorter terms, than provided by this Code.
1. Criminal proceedings are performed in state language. The party of accusation, the investigative judge and court constitute procedural documents in state language.
2. To person it is reported about suspicion of making of criminal offense in state language or in any other language which it knows for understanding of being of suspicion of making of criminal offense enough.
3. The investigative judge, court, the prosecutor, the investigator provide to participants of criminal proceedings who do not own or know state language insufficiently, the right to give evidences, to declare petitions and to make complaints, to appear in court in native or other language which they know, using in case of need translation service according to the procedure, provided by this Code.
4. Judgments with which the court finishes legal proceedings in essence are provided to the parties of criminal proceedings or person concerning whom the issue concerning application of enforcement powers of educational or medical nature, and also to the representative of the legal entity concerning whom production, in transfer into their native or other language which they know is performed is resolved. Transfer of other procedural documents of criminal proceedings which copies are provided by this Code is performed only according to the petition of specified persons. Transfer of judgments and other procedural documents of criminal proceedings makes sure the signature of the translator.
1. In criminal proceedings justice is performed only by court according to the rules provided by this Code.
2. The refusal in implementation of justice is not allowed.
1. Criminal proceedings in Trial Court are performed by the judge solely, except the cases provided by parts two, third and twelfth this Article.
2. Criminal proceedings in Trial Court concerning crimes for which making custodial sanction for the term of more than ten years is prescribed are performed jointly by court as a part of three judges only according to the petition of the person accused.
Criminal proceedings concerning several persons accused are performed jointly by court as a part of three judges concerning all persons accused if at least one of them declared the petition for such consideration.
The petition (idea) of the solution of question of replacement of punishment in the form of lifelong imprisonment on custodial sanction for certain term is considered jointly by court as a part of three judges.
3. Criminal proceedings in Trial Court concerning crimes for which making lifelong imprisonment is provided are performed jointly by court as a part of three judges, and according to the petition of the person accused - jury trial as a part of two judges and three jurors. Criminal proceedings concerning several persons accused are considered by jury trial concerning all persons accused if at least one of them declared the petition for such consideration.
4. Criminal proceedings in appeal procedure are performed jointly by court as a part of at least three judges, except the cases provided by part twelve of this Article, at the same time the number of judges shall be odd.
5. Criminal proceedings in cassation procedure are performed by board of judges of Cassation criminal court of the Supreme Court as a part of three or bigger odd number of judges.
6. In the cases determined by this Code criminal proceedings in cassation procedure are performed by the trial chamber of Cassation criminal court (chamber) combined by chamber of Cassation criminal court (the joint chamber) or Big Chamber of the Supreme Court (Big Chamber).
7. About two judges who are elected by meeting of judges of Cassation criminal court from structure of each of trial chambers of Cassation criminal court, and the chairman of Cassation criminal court are part of the joint chamber.
8. The meeting of chamber in court of cassation instance is considered competent on condition of presence of more than a half of its structure on it.
9. The meeting of the joint chamber, Big Chamber is considered competent if at it there are at least than two thirds of its structure.
10. Irrespective of in what structure criminal proceedings were considered, review of the judgment in court of the first or appellate instance on exceptional circumstances is performed by board as a part of three or bigger odd number of judges, and in the Supreme Court - as a part of Big Chamber.
11. The judge or structure of board of judges for consideration of specific criminal proceedings is determined according to the procedure, provided by part three of article 35 of this Code.
12. Criminal proceedings in the Supreme anti-corruption court are performed:
1) in Trial Court - jointly court as a part of three judges, at least one of which has length of service in judgeship at least five years, except cases when any such judge in this court cannot be involved in consideration of the case on the bases provided by the law;
2) in appeal procedure - jointly court as a part of three judges, at least one of which has length of service in judgeship at least five years, except cases when any such judge in this court cannot be involved in consideration of the case on the bases provided by the law.
Criminal proceedings in the Supreme anti-corruption court during pre-judicial investigation are performed by the investigative judge solely, and in case of appeal of its decisions in appeal procedure - jointly court as a part of at least three judges.
13. If in court of the first or appellate instance which according to rules of cognizance shall perform criminal proceedings (except the Supreme anti-corruption court) it is impossible to form the structure of court provided by this Article, criminal proceedings perform the most territorially approximate court in which it is possible to create such structure of court.
14. Criminal proceedings on consideration concerning the minor of the indictment, petitions for release from criminal liability, application of enforcement powers of medical or educational nature, their prolongation, change or the termination, and also criminal proceedings in appeal or cassation procedure concerning review of the judgments made on the specified questions are performed by the judge authorized according to the Law of Ukraine "About judicial system and the status of judges" on implementation of criminal proceedings concerning minors.
If such criminal proceedings shall be performed by the court jointly presiding during legal proceedings there can be only judge authorized according to the Law of Ukraine "About judicial system and the status of judges" on implementation of criminal proceedings concerning minors.
1. Criminal proceedings perform court within which territorial jurisdiction the criminal offense is made. If several criminal offenses were made, criminal proceedings perform court within which territorial jurisdiction heavier offense is made and if they were identical on weight, - court within which territorial jurisdiction the last is made on time criminal offense. If the place of making of criminal offense cannot be established, criminal proceedings are performed by court within which territorial jurisdiction pre-judicial investigation is finished. Action of this paragraph does not extend to the criminal proceedings referred to jurisdiction in rem of the Supreme anti-corruption court according to rules of Article 33-1 of this Code.
Criminal proceedings of criminal offenses, made in the territory of Ukraine and carried to jurisdiction in rem of the Supreme anti-corruption court, the Supreme anti-corruption court performs.
2. Criminal proceedings concerning accusation of the judge in making of criminal offense cannot be performed by that court in which the person accused holds or held judgeship. If according to part one of this Article criminal proceedings concerning the judge be performed by that court in which the person accused holds or held judgeship, criminal proceedings perform the court which is brought most territorially closer to court in which the person accused holds or held judgeship, other administrative and territorial unit (The Autonomous Republic of Crimea, area, the city of Kiev or Sevastopol).
3. If the criminal offense which pre-judicial investigation was made by territorial administration of National anti-corruption bureau of Ukraine (except crimes which are carried by this Code to cognizance of the Supreme anti-corruption court), is made within territorial jurisdiction of local court on the location of the relevant territorial administration of National anti-corruption bureau of Ukraine, those criminal proceedings perform the court which is brought most territorially closer to court on the location of the relevant territorial administration of National anti-corruption bureau of Ukraine, other administrative and territorial unit (The Autonomous Republic of Crimea, area, the city of Kiev or Sevastopol).
1. Criminal proceedings in the first instance are performed by local general courts, and also the Supreme anti-corruption court.
2. Criminal proceedings on appellate instance are performed by the relevant Appeal Courts, and also Appeal chamber of the Supreme anti-corruption court.
3. Criminal proceedings in cassation instance perform the Supreme Court.
4. Criminal proceedings on newly discovered facts are performed by court which made the decision which is reviewed.
5. Criminal proceedings on exceptional circumstances are performed on the bases determined by Items 1, 3 parts three of article 459 of this Code, court which made the decision which is reviewed, and on the basis determined by Item 2 parts three of article 459 of this Code - Big Chamber of the Supreme Court.
1. To the supreme anti-corruption court criminal proceedings of rather corruption crimes provided in the note of article 45 of the Criminal code of Ukraine, Articles 206-2, 209, of 211, 366-2, 366-3 Criminal codes of Ukraine are jurisdictional if there is at least one of the conditions provided by Items 1-3 of part five of Article 216 of the Criminal Procedure Code of Ukraine.
2. Investigative judges of the Supreme anti-corruption court exercise judicial control of observance of the rights, freedoms and interests of persons in criminal proceedings concerning the criminal offenses carried to cognizance of the Supreme anti-corruption court according to part one of this Article.
3. Other courts determined by this Code cannot consider criminal proceedings on the criminal offenses carried to cognizance of the Supreme anti-corruption court (except the case provided by the paragraph the seventh Article parts one 34 of this Code).
1. Criminal proceedings are submitted to other court if:
1) prior to legal proceedings it turned out that criminal proceedings arrived in court with cognizance abuse of regulations;
2) after satisfaction of branches (rejections) or in other cases it is impossible to form structure of court for legal proceedings;
3) the person accused or the victim works or worked in court to which cognizance implementation of criminal proceedings belongs;
4) the court is liquidated or on certain law to the bases work of court which performed judicial proceedings is stopped.
Prior to legal proceedings in exceptional cases criminal proceedings (except the criminal proceedings which arrived for consideration of the Supreme anti-corruption court) for the purpose of ensuring efficiency and efficiency of criminal proceedings can be submitted other court at the place of residence of the person accused, most of the victims or witnesses, and also in case of impossibility to perform the relevant court of justice (in particular, emergency situations of technogenic or natural nature, epidemic, epizooty, the mode of warlike, emergency state, conducting anti-terrorist operation or implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions).
If the person accused or the victim is or was the judge or the worker of the office of the Supreme anti-corruption court and criminal proceedings belong to cognizance of this court, such criminal proceedings in the first instance perform Appeal Court which jurisdiction extends to the city of Kiev, and the judgments in that case made are appealed in appeal procedure in Appeal Court which is determined by board of judges of Cassation criminal court of the Supreme Court.
2. The issue of the direction of criminal proceedings from one court in another within jurisdiction of one Appeal Court is resolved by board of judges of the relevant Appeal Court on provision of local court or according to the petition of the parties or the injured not later than five days from the date of introduction of such representation or the petition about what the motivated determination is decided.
3. The question of the direction of criminal proceedings from one court in another within jurisdiction of different Appeal Courts, and also about the direction of production from one Appeal Court in another is solved board of judges of Cassation criminal court of the Supreme Court on provision of Appeal Court or according to the petition of the parties or the injured not later than five days from the date of introduction of such representation or the petition about what the motivated determination is decided.
The issue of the direction of criminal proceedings from the Supreme anti-corruption court in other court is resolved by board as a part of five judges of Appeal chamber of the Supreme anti-corruption court on representation of structure of the court determined for consideration of criminal proceedings or according to the petition of the parties no later than five days from the date of introduction of such representation or the petition about what the motivated decree is issued.
4. About time and the place of consideration of representation or the petition for the direction of criminal proceedings from one court in another it is reported to participants of judicial proceedings, however their non-arrival does not interfere with consideration of question.
5. Disputes on cognizance between courts are not allowed.
6. Court to which directionally criminal proceedings from other court, begin judicial proceedings with stage of preparatory judicial session irrespective of stage at which in other court there were circumstances provided by part one of this Article.
1. In court the Single judicial information and telecommunication system providing, in particular functions:
1) objective and impartial distribution of materials of criminal proceedings between judges with respect for the principles of priority and the identical number of productions for each judge;
2) determination of jurors for legal proceedings from among persons who are entered in the jurors' list;
3) provision to physical persons and legal entities of information on the condition of consideration of materials of criminal proceedings according to the procedure provided by this Code;
4) registration of the entering and outgoing correspondence and stages of its movement;
5) participation of participants of legal procedure in judicial session in the video conference mode.
Lawyers, notaries, private contractors, arbitration managers, court experts, state bodies, local government bodies and subjects of managing of the state and utility sectors of economy register official e-mail addresses in Single judicial information and telecommunication system without fail. Other persons register official e-mail addresses in Single judicial information and telecommunication system in voluntary procedure.
The single judicial information and telecommunication system is subject to protection using complex system of information security with the confirmed compliance.
The regulations on Single judicial information and telecommunication system affirm the Supreme council of justice on representation to Public judicial administration of Ukraine and after consultations with Judicial council of Ukraine.
2. Materials of criminal proceedings, the claim, statement, petition and other procedural documents provided by the law which are filed a lawsuit and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in Single judicial information and telecommunication system which is performed by workers of the office of the relevant court in day of intake of such materials. Are without fail entered into the Single judicial information and telecommunication system: receipt date of materials, claims, petitions, the statement or other procedural document, surname of person concerning whom documents, and their essence, surname (name) of person (body) from which, (which) documents, name and middle name, surname of the worker of the office of court which performed registration, information on movement of court documents, this about the judge who performed legal proceedings, and other data provided by Regulations on Single judicial information and telecommunication system arrived are filed.
3. Determination of the judge (the reserve judge, the investigative judge), and in case of joint consideration - judges-speakers for consideration of specific production is performed by Single judicial information and telecommunication system during registration of the corresponding materials, the claim, the petition, the statement or other procedural document by the principle of accident and in chronological procedure taking into account specialization and uniform loading for each judge, prohibition to participate in check of sentences and resolutions for the judge who took part in adjudgement or determinations about which check the question (except review on newly discovered facts), stay of judges in leave, the absence in connection with temporary disability, business trip and also provided by the law of other cases in which the judge cannot perform justice is brought up or participate in consideration of legal cases. After determination of the judge (the reserve judge, the investigative judge) or the judge-speaker for specific judicial proceedings modification of registration data concerning this production, and also removal of these data from Single judicial information and telecommunication system, except the cases established by the law is not allowed.
4. Criminal proceedings which consideration according to this Code is performed by board of judges without fail are considered by permanent board of judges of the relevant court which part the judge-speaker determined by Single judicial information and telecommunication system is.
5. The staff of permanent boards of judges is determined by meeting of judges of the relevant court (the first or appellate instance, Cassation criminal court of the Supreme Court) for a period of one year.
6. If consideration of criminal proceedings according to this Code is performed by board as a part of more than three judges, judges from structure of permanent board of judges into which the judge-speaker determined by Single judicial information and telecommunication system and judges determined by meeting of judges of court in which there is production consideration enters are part of board.
7. The judge-speaker on case is the judge determined by Single judicial information and telecommunication system during the automated distribution of materials of criminal proceedings. If criminal proceedings in the Supreme Court be considered jointly as a part of the relevant chamber - the judge-speaker determined by Single judicial information and telecommunication system in case of initial distribution of materials of criminal proceedings is presiding over meetings of chamber.
8. About two judges who are elected by meeting of judges of Cassation criminal court from structure of each of trial chambers of Cassation criminal court, and the chairman of Cassation criminal court are part of the joint chamber.
9. The structure of court in criminal proceedings is invariable, except as specified, excluding participation of the judge in consideration of the case, and other cases provided by this Code.
10. After change of structure of court consideration of criminal case is started anew, except as specified, provided by this Code.
11. Consideration of the application about review of the judgment on newly discovered facts is performed by the same structure of court which made the decision which is reviewed. If such structure of court cannot be created, the judge or board of judges for consideration of the application about review of the judgment is determined by newly discovered facts according to the procedure, established by part three of this Article.
12. Features of distribution of the criminal proceedings and other procedural documents provided by the law which are filed a lawsuit are established by Regulations on Single judicial information and telecommunication system.
5. The Attorney-General, the head of regional prosecutor's office, their first deputies and deputies the motivated resolution has the right to charge implementation of pre-judicial investigation of any criminal offense to other body of pre-judicial investigation, including the investigator of division of the highest level within one body, in case of inefficient pre-judicial investigation. Have the right to charge in case of inefficient pre-judicial investigation to other body of pre-judicial investigation implementation of pre-judicial investigation of the criminal offenses carried to competence of Bureau of economic safety of Ukraine and also to charge Bureau of economic safety of Ukraine investigation of the criminal offenses carried to competence of other bodies of pre-judicial investigation: The Attorney-General, person fulfilling its duties, his first deputy and deputies. It is forbidden to charge implementation of pre-judicial investigation of the criminal offense referred to competence of National anti-corruption bureau of Ukraine, other body of pre-judicial investigation except cases of the order of implementation of pre-judicial investigation in the conditions of warlike situation.
2. The prosecutor, exercising supervision of compliance with laws when conducting pre-judicial investigation in the form of procedural management of pre-judicial investigation, it is authorized:
1) to begin pre-judicial investigation in the presence of the bases provided by this Code;
2) to have full access to materials, documents and other data which concern pre-judicial investigation;
To charge 3) to body of pre-judicial investigation conducting pre-judicial investigation;
To charge 4) to the investigator, body of pre-judicial investigation carrying out in the time of investigative (search) actions, secret investigative (search) actions, other legal proceedings established by the prosecutor or to instruct concerning their carrying out or to take part in them, and in necessary cases - personally to carry out investigative (search) and legal proceedings according to the procedure, determined by this Code;
5) to charge carrying out investigative (search) actions and secret investigative (search) actions to the relevant operational divisions;
6) No. 1697-VII is excluded according to the Law of Ukraine of 14.10.2014
7) to repeal illegal and unreasonable resolutions of investigators;
8) to initiate before the head of body of pre-judicial investigation question of discharge of the investigator from conducting pre-judicial investigation and appointment of other investigator in the presence of the bases provided by this Code for its branch, or in case of inefficient pre-judicial investigation;
9) to make proceeding decisions in the cases provided by this Code including concerning closing of criminal proceedings and prolongation of terms of pre-judicial investigation in the presence of the bases provided by this Code;
10) to approve or refuse approval of petitions of the investigator to the investigative judge about carrying out investigative (search) actions, secret investigative (search) actions, other legal proceedings in the cases provided by this Code or to independently submit to the investigative judge such petitions;
To report 11) to person about suspicion;
12) to make the civil action for the benefit of the state and citizens who owing to physical condition or financial position, not attainment of majority, old age, incapacity or special disability are not capable to protect independently the rights, according to the procedure, provided by this Code and the law;
13) to claim or refuse approval of the indictment, petitions for application of enforcement powers of medical or educational nature, to make changes to the indictment which is drawn up by the investigator or the specified petitions, to independently draw up the indictment or the specified petitions;
14) to take a legal action with the indictment, the petition for application of enforcement powers of medical or educational nature, the petition for release of person from criminal liability;
15) to hold crown case in court, to refuse maintenance of crown case, to change it or to bring additional charge according to the procedure, established by this Code;
16) to approve request of body of pre-judicial investigation about the international legal assistance, transfer of criminal proceedings or to address independently with such petition according to the procedure, established by this Code;
To charge 17) to body of pre-judicial investigation accomplishment of request (order) of competent authority of foreign state about the international legal assistance or takeover of criminal proceedings, to check completeness and legality of carrying out legal proceedings, and also completeness, comprehensiveness and objectivity of investigation in the adopted criminal proceedings;
To check 18) before the direction to the prosecutor of the highest level documents of body of pre-judicial investigation on issue of person (extradition), to return them to relevant organ with written instructions if such documents are not proved or do not meet the requirements of international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, or to the laws of Ukraine;
To charge 19) to bodies of pre-judicial investigation carrying out search and detention of persons who made criminal offense outside Ukraine, accomplishment of separate legal proceedings for the purpose of issue of person (extradition) at the request of competent authority of foreign state;
20) to appeal judgments according to the procedure, established by this Code;
21) to perform other powers provided by this Code.
3. Participation of the prosecutor in court is obligatory, except the cases provided by this Code.
4. On again opened or exceptional circumstances prosecutors of the highest level have the right to submission of the writ of appeal, statement for review of the judgment also irrespective of their participation in judicial proceedings: Attorney-General, his first deputy and deputies, head of regional prosecutor's office, his first deputy and deputies.
The Attorney-General, the head of regional prosecutor's office, their first deputies and deputies have the right to add, change or refuse from appeal or the writ of appeal, the statement for review of the judgment on again opened or exceptional circumstances, the prosecutor's offices of the lowest level brought by them heads, first deputies or deputy managers or prosecutors.
In judicial proceedings on review of judgments in appeal or cassation procedure, on again opened or exceptional circumstances prosecutors of body of prosecutor's office of the highest level can take part.
5. The Attorney-General (person fulfilling its duties), the head of regional prosecutor's office, their first deputies and deputies the motivated resolution has the right to charge making of pre-judicial investigation of any criminal offense to other body of pre-judicial investigation, including investigative division of the highest level within one body, in case of inefficient pre-judicial investigation or in the presence of the objective circumstances excluding functioning of relevant organ of pre-judicial investigation or implementation of pre-judicial investigation by it in the conditions of warlike situation.
The Attorney-General (person fulfilling its duties), his first deputy, the deputy have the right to charge in case of inefficient pre-judicial investigation or in the presence of objective circumstances which make impossible functioning of relevant organ of pre-judicial investigation or implementation of pre-judicial investigation by it in the conditions of warlike situation, to other body of pre-judicial investigation of implementation of pre-judicial investigation of the criminal offenses carried to competence of Bureau of economic safety of Ukraine and also to charge Bureau of economic safety of Ukraine investigation of the criminal offenses carried to competence of other bodies of pre-judicial investigation.
It is forbidden to charge implementation of pre-judicial investigation of the criminal offense referred to competence of National anti-corruption bureau of Ukraine, other body of pre-judicial investigation except cases of availability of objective circumstances which make impossible functioning of National anti-corruption bureau of Ukraine or making of pre-judicial investigation by it in the conditions of warlike situation. The deputy attorney general - the head of Specialized anti-corruption prosecutor's office or the Attorney-General (person fulfilling its duties) has the right to charge implementation of pre-judicial investigation to other body in the presence of objective circumstances which make impossible functioning of National anti-corruption bureau of Ukraine or making of pre-judicial investigation by it in the conditions of warlike situation.
It is forbidden to charge implementation of pre-judicial investigation of the criminal offense made by the People's Deputy of Ukraine, to other bodies of pre-judicial investigation except National anti-corruption bureau of Ukraine and central office of the State bureau of investigations according to their competence determined by this Code.
6. The Attorney-General, the head of regional prosecutor's office, the head of district prosecutor's office, their first deputies and deputies when implementing supervision of compliance with laws when conducting pre-judicial investigation have the right to repeal illegal and unreasonable resolutions of investigators and prosecutors of lower level within terms of pre-judicial investigation, stipulated in Article the 219th of this Code. About cancellation of such resolutions it is reported to the prosecutor who exercises supervision of compliance with laws when conducting the corresponding pre-judicial investigation. Cancellation of illegal and unreasonable resolutions of detectives of National anti-corruption bureau of Ukraine and prosecutors of Specialized anti-corruption prosecutor's office can be performed by the Attorney-General or person fulfilling its duties, the head of Specialized anti-corruption prosecutor's office.
1. The prosecutor who will perform powers of the prosecutor in specific criminal proceedings is determined by the head of relevant organ of prosecutor's office after the beginning of pre-judicial investigation. In case of need the head of body of prosecutor's office can determine group of prosecutors who will perform powers of prosecutors in specific criminal proceedings, and also the senior prosecutor of such group who will direct actions of other prosecutors.
2. The prosecutor performs powers of the prosecutor in criminal proceedings since its beginning before completion. Implementation of powers of the prosecutor in the same criminal proceedings by other prosecutor perhaps only in the cases provided by parts four and the fifth Article 36, Article part three 313, part two of Article of 341 of this Code and part three of this Article.
3. If the prosecutor who in the corresponding criminal proceedings performs powers of the prosecutor cannot perform them as a result of allowance of the application about its branch, serious illness, releases from body of prosecutor's office or for other reasonable excuse which makes impossible its participation in criminal proceedings, powers of the prosecutor are assigned to other prosecutor by the head of relevant organ of prosecutor's office. In exceptional cases powers of the prosecutor can be assigned by the head of body of prosecutor's office to other prosecutor of this body of prosecutor's office as a result of inefficient implementation by the prosecutor of supervision of compliance with laws when conducting pre-judicial investigation.
1. Bodies of pre-judicial investigation are the bodies performing pretrial investigation and inquiry.
2. The pretrial investigation is performed:
1) investigative divisions:
a) bodies of National police;
b) security service;
c) No. 1888-IX is excluded according to the Law of Ukraine of 17.11.2021
d) bodies of the State bureau of investigations;
2) division of detectives, divisions of internal control of National anti-corruption bureau of Ukraine;
3) divisions of detectives of bodies of Bureau of economic safety of Ukraine.
3. Inquiry is performed by divisions of inquiry or authorized persons of other divisions:
a) bodies of National police;
b) security service;
c) bodies of Bureau of economic safety of Ukraine;
d) bodies of the State bureau of investigations;
") National anti-corruption bureau of Ukraine.
4. The pretrial investigation is performed by investigators solely or the investigation team.
5. The body of pre-judicial investigation shall apply everything the measures provided by the law to ensuring efficiency of pre-judicial investigation.
1. The head of body of pre-judicial investigation will organize pre-judicial investigation.
2. The head of body of pre-judicial investigation is authorized:
1) to determine the investigator (investigators) who will perform pre-judicial investigation, and in cases of implementation of pre-judicial investigation by the investigation team - to determine the senior of the investigation team who will direct actions of other investigators;
2) to discharge the investigator of conducting pre-judicial investigation by the motivated resolution at the initiative of the prosecutor or on own initiative with the further message to the prosecutor and to appoint other investigator in the presence of the bases provided by this Code for its branch or in case of inefficient pre-judicial investigation;
3) to get acquainted with materials of pre-judicial investigation, to give to the investigator written instructions which cannot contradict decisions and instructions of the prosecutor;
4) to take measures for elimination of violations of requirements of the legislation in case of their assumption the investigator;
5) to approve carrying out investigative (search) actions and to prolong the term of their carrying out in the cases provided by this Code;
6) to perform pre-judicial investigation, using at the same time powers of the investigator;
7) to perform other powers provided by this Code.
3. The head of body of pre-judicial investigation shall carry out orders and instructions of the prosecutor which are given in writing. Failure to carry out by the head of body of pre-judicial investigation of the legal instructions and orders of the prosecutor provided according to the procedure, provided by this Code, involves the responsibility provided by the law.
4. The head of body of pre-judicial investigation during action of warlike situation has the right to form the motivated resolution approved with heads of relevant organs of pre-judicial investigation the interdepartmental investigation teams and to determine the senior investigator who will direct actions of other investigators in their structure.
1. The head of body of inquiry will organize inquiry.
2. The head of body of inquiry is authorized:
1) to determine the investigator who will perform inquiry;
2) to discharge the investigator of conducting inquiry at the initiative of the prosecutor or on own initiative and to appoint other investigator in the presence of the bases provided by this Code for its branch (rejection) or inefficient inquiry;
3) to get acquainted with inquiry materials, to give to the investigator written instructions which do not contradict decisions and instructions of the prosecutor;
4) to take measures for elimination of violations of requirements of the legislation in case of their assumption by the investigator;
5) to perform other powers provided by this Code.
1. The investigator bears responsibility for legality and timeliness of implementation of legal proceedings.
2. The investigator is authorized:
1) to begin pre-judicial investigation in the presence of the bases provided by this Code;
2) to carry out investigative (search) actions and secret investigative (search) actions in the cases established by this Code;
3) to charge carrying out investigative (search) actions and secret investigative (search) actions to the relevant operational divisions;
4) No. 1697-VII is excluded according to the Law of Ukraine of 14.10.2014
5) to address in coordination with the prosecutor the investigative judge with petitions for application of measures of ensuring criminal proceedings, carrying out investigative (search) actions and secret investigative (search) actions;
To report 6) in coordination with the prosecutor to person about suspicion;
7) by results of investigation to draw up the indictment, the petition for application of enforcement powers of medical or educational nature and to give them to the prosecutor on approval;
8) to make proceeding decisions in the cases provided by this Code including concerning closing of criminal proceedings in the presence of the bases, stipulated in Article 284 of this Code;
9) to perform other powers provided by this Code.
3. In cases of refusal of the prosecutor in approval of the petition of the investigator to the investigative judge about application of measures of ensuring criminal proceedings, carrying out investigative (search) actions or secret investigative (search) actions the investigator has the right to address the head of body of pre-judicial investigation who after studying of the petition if necessary initiates consideration of the questions raised in it before the prosecutor of the highest level which within three days approves the corresponding petition or refuses its approval.
4. The investigator shall carry out the order and instructions of the prosecutor which are provided in writing. Failure to carry out by the investigator of the legal instructions and orders of the prosecutor provided according to the procedure, provided by this Code, involves the responsibility provided by the law.
5. The investigator, performing the powers according to requirements of this Code, is independent in the procedural activities, intervention in which persons which do not have on that warrants of law is forbidden. Public authorities, local government bodies, the companies, organizations and the organizations, officials, other physical persons shall fulfill legal requirements and proceeding decisions of the investigator.
1. The investigator when implementing inquiry is allocated with powers of the investigator. The investigator bears responsibility for legality and timeliness of implementation of inquiry.
2. The investigator is authorized:
1) to begin inquiry in the presence of the bases provided by this Code;
2) to perform inspection of the scene, search of the detained person, to interview persons, to withdraw tools and means of making of offense, thing and documents which are direct subject of criminal offense or revealed during detention and also to carry out investigative (search) actions and secret investigative (search) actions in the cases established by this Code;
3) to charge carrying out investigative (search) actions and secret investigative (search) actions in the cases established by this Code, to the relevant operational divisions;
4) to address in coordination with the prosecutor the investigative judge with petitions for application of measures of ensuring criminal proceedings, carrying out investigative (search) actions, secret investigative (search) actions;
To report 5) in coordination with the prosecutor to person about suspicion of making of criminal offense;
6) by results of investigation to draw up the indictment, the petition for application of enforcement powers of medical or educational nature and to give them to the prosecutor on approval;
7) to make proceeding decisions in the cases provided by this Code including concerning closing of criminal proceedings in the presence of the bases, stipulated in Article 284 these Codes;
8) to perform other powers provided by this Code.
3. The investigator shall carry out orders and instructions of the prosecutor which are provided in writing.
4. The investigator, performing the powers according to requirements of this Code, is independent in the procedural activities, intervention in which persons which do not have on that warrants of law is forbidden. Public authorities, local government bodies, the companies, organizations and the organizations, officials, other physical persons shall fulfill legal requirements and proceeding decisions of the investigator.
1. Operational divisions of bodies of National police, security service, National anti-corruption bureau of Ukraine, bodies of the State bureau of investigations, bodies of Bureau of economic safety of Ukraine, bodies of the State Border Service of Ukraine, bodies, organizations of execution of punishments and pre-trial detention centers of the Public criminal and executive service of Ukraine perform investigative (search) actions and secret investigative (search) actions in criminal proceedings according to the written order of the investigator, investigator, prosecutor, and division of detectives, operating-technical division and division of internal control of National anti-corruption bureau of Ukraine - according to the written order of the detective or prosecutor of Specialized anti-corruption prosecutor's office.
2. In case of accomplishment of orders of the investigator of the investigator, prosecutor the employee of operational division uses powers of the investigator. The staff of operational divisions (except division of detectives, division of internal control of National anti-corruption bureau of Ukraine) has no right to perform legal proceedings in criminal proceedings on own initiative or to address with petitions the investigative judge or the prosecutor.
3. Orders of the investigator, the investigator, the prosecutor concerning carrying out investigative (search) actions and secret investigative (search) actions are obligatory for accomplishment by operational division.
1. Suspect is person who according to the procedure, provided by Articles 276-279 of this Code, is notified about suspicion, person detained on suspicion of making of criminal offense or person concerning whom the notification on suspicion is constituted, however it was not handed to it owing to not establishment of the location of person, however measures for delivery are taken by the method provided by this Code for delivery of notifications.
2. Accused (defendant) is person concerning whom indictment is brought to trial according to the procedure, stipulated in Article 291 of this Code.
Person concerning whom enough proofs for the message on suspicion of making of criminal offense are collected, but it is not reported about suspicion in connection with his death, the physical person concerning which by results of the made pre-judicial investigation there came the case is and there are bases provided by part one of article 276 of this Code for the message on suspicion, but to which according to the procedure, provided by Articles 276 - the 279th of this Code, it is not reported about suspicion because of his death.
3. The suspect, the person accused has the right:
1) the nobility of what making of criminal offense it is suspected, charged;
2) to be accurately and is timely notified on the rights provided by this Code and also to receive their explanation;
3) on the first demand of to have the defender and meeting with it, irrespective of time, in working, output, festive, non-working days before the first interrogation with observance of the conditions providing confidentiality of communication and also after the first interrogation - I will meet without restriction of time and quantity in working, output, festive, non-working days; on participation of the defender in conducting interrogation and other legal proceedings; refusal of the defender at any moment of criminal proceedings; on receipt of legal assistance of the defender at the expense of the state in the cases provided by this Code and/or the law regulating provision of free legal assistance including due to the lack of means for payment of such help;
4) not to tell anything concerning suspicion against it, accusations or at any time to refuse to answer questions;
5) to give explanations, evidences concerning suspicion, accusations or at any time to refuse to give them;
6) to require check of justification of detention;
7) in case of detention or application of measure of restraint in the form of detention - on the immediate message to family members, close relatives or other persons about detention and the place of the stay according to provisions of article 213 of this Code;
8) to collect and give to the investigator, the prosecutor, the investigative judge of the proof;
9) to take part in carrying out legal proceedings;
10) when carrying out legal proceedings to ask questions, to submit the notes and objections concerning procedure for carrying out actions which are entered in the protocol;
To apply 11) with observance of requirements of this Code technical means when carrying out legal proceedings in which he takes part. The investigator, the prosecutor, the investigative judge, court have the right to prohibit use of technical means when carrying out separate legal proceeding or at certain stage of criminal proceedings for the purpose of nondisclosure of data which contain the secret protected by the law or concern intimate life of person about what it is taken out the motivated resolution (determination) (is decided);
12) to declare the petition for carrying out legal proceedings, for safety concerning itself, members of the family, close relatives, property, housing, etc.;
13) to declare branches;
14) to get acquainted with materials of pre-judicial investigation according to the procedure, stipulated in Article 221 of this Code, and to require discovery of materials according to article 290 of this Code;
15) to receive copies of procedural documents and written messages;
16) to appeal decisions, actions and divergence of the investigator, prosecutor, investigative judge according to the procedure, provided by this Code;
17) to require compensation of the damage caused by illegal decisions, actions or divergence of body which performs operational search activities, pre-judicial investigation, prosecutor's offices or vessels, according to the procedure, determined by the law, and also recovery of reputation if suspicion, accusation did not prove to be true;
18) to use the native language, to receive copies of procedural documents in native or other language which he knows, and in case of need to use translation service at the expense of the state.
4. The person accused also has the right:
1) to be involved during legal proceedings in interrogations of witnesses for the prosecution or to require their interrogation, and also to require challenge and interrogation of defense witnesses on the same conditions, as witnesses for the prosecution;
2) to collect and give to court of the proof;
3) to express in judicial session the opinion concerning petitions of other participants of judicial proceedings;
4) to act in judicial debate;
5) to get acquainted with the magazine of judicial session and technical record of legal procedure which authorized employees of court shall provide it and submit concerning them the notes;
To appeal 6) in the procedure established by this Code judgments and to initiate their review, know about given on them appeal and writs of appeal, statements for their review, to give on them objections;
7) to receive explanations about procedure for preparation and use of the pre-judicial report, to refuse participation in preparation of the pre-judicial report;
8) to participate in preparation of the pre-judicial report, to provide to the staff representative of body of probation information necessary for preparation of such report, to get acquainted with the text of the pre-judicial report, to submit the notes and amendments.
5. The suspect, the person accused have also other procedural law provided by this Code.
6. The suspect, the person accused who is foreigner and is held in custody has the right to meeting with the representative of diplomatic or consular establishment of the state which the administration of detention center shall provide it.
7. The suspect, the person accused shall:
1) to come on challenge to the investigator, the prosecutor, the investigative judge, in court, and in case of impossibility to arrive on challenge in appointed srokpredvaritelno to report about it to specified persons;
2) to fulfill the duties assigned to it by the decision on application of measures of ensuring criminal proceedings;
3) to submit to legal requirements and orders of the investigator, prosecutor, investigative judge, court;
4) to provide reliable information to the staff representative of body of probation, necessary for preparation of the pre-judicial report.
8. The suspect, the person accused is handed the instruction sheet of its procedural law and obligations along with their message person who performs such message.
1. The person accused, the verdict of not guilty of court concerning whom took legal effect, is justified in criminal proceedings.
2. Convict in criminal proceedings is the person accused, the conviction of court concerning whom took legal effect.
3. Justified, condemned has rights of the accused, stipulated in Article 42 of this Code, in the amount necessary for its protection at the corresponding stage of judicial proceedings.
1. If suspect, the person accused is the minor or person recognized in the procedure established by the law incapacitated or is limited capable, in legal proceeding together with it his legal representative is recruited.
2. As legal representatives parents (adoptive parents), and in case of their absence - guardians or custodians of person, other full age close relatives or family members, and also representatives of guardianship and custody bodies, organizations and organizations can be attracted, on care or guardianship of which is minor, incapacitated or restrictedly capable.
3. About involvement of the legal representative the investigator, the prosecutor issues the decree, and the investigative judge, court - decides determination which copy is handed to the legal representative.
4. If actions or interests of the legal representative contradict interests of person whom he represents, according to the decision of the investigator, prosecutor, investigative judge, vessels such legal representative is replaced with another from among persons specified in part two of this Article.
5. The legal representative has procedural law of person whose interests he represents, except procedural law which realization is enabled directly by the suspect, and cannot be charged by the person accused to the representative.
6. The legal representative has the right to urgent meeting with the suspect, person accused on own initiative and/or initiative of the suspect accused without restriction of time and quantity in working, output, festive, non-working days at any time from 8 to 20 o'clock.
1. Defender is the lawyer who performs protection of the suspect, person concerning whom enough proofs for the message on suspicion of making of criminal offense are collected, but it is not reported about suspicion in connection with his death, the person accused, the convict, justified, person concerning whom application of enforcement powers of medical or educational nature is supposed or the issue of their application, and also person concerning whom consideration of question of issue to foreign state (extradition) is supposed was resolved.
2. The lawyer, data on whom are not entered in the Unified register of lawyers of Ukraine or concerning which the Unified register of lawyers of Ukraine contains data on stop or the termination of the right to occupation lawyer activities cannot be the defender.
1. The defender has no right to undertake protection of other person or to give him legal assistance if it contradicts interests of person to whom it renders or earlier gave legal assistance.
2. The defender's non-arrival for participation in carrying out certain legal proceeding if the defender was beforehand warned about its carrying out and provided that the suspect, the person accused does not object to carrying out legal proceeding in the absence of the defender, cannot be the basis for recognition of this legal proceeding illegal, except cases when participation of the defender is obligatory.
If the suspect, the person accused objects to carrying out legal proceeding in the absence of the defender, carrying out legal proceeding is postponed or for its carrying out the defender according to the procedure, stipulated in Article 53 of this Code is attracted.
3. At the same time no more than five defenders of one person accused can take part in legal proceedings.
4. The defender has procedural law of the suspect, person accused whose protection he performs, except procedural law which realization is enabled directly by the suspect, and cannot be charged by the person accused to the defender, from the moment of provision of documents, stipulated in Article the 50th of this Code, to the investigator, the prosecutor, the investigative judge, court.
5. The defender has the right to participate in the conducting interrogation and other legal proceedings which are carried out with participation of the suspect, person accused before the first interrogation of the suspect to have with it meeting without the permission of the investigator, the prosecutor, court, and after the first interrogation - to have such meetings without restriction of time and quantity in working, output, festive, non-working days.
The meetings provided by paragraph one of this part are confidential.
Presence at meetings of other persons is possible according to the written application of the defender (defenders) or the written application of the suspect, person accused if such statement is constituted by it in the presence of person (persons) who, (which) came (profits) to him.
The shorthand report of such meeting is forbidden.
Video fixing to such meeting is performed openly. The suspect, the person accused and persons who came to him shall be notified on camera installation site. Video fixing of meeting the camera about which it is not reported to her participants is forbidden.
Video fixing of meeting is performed by method which makes impossible fixing of contents of documents which the suspect, the person accused and/or person (persons) who, (which) came to him (profit) uses.
Video fixing is performed by method which makes impossible fixing of content of conversation of the suspect accused with person (persons) who, (which) came to him (profit).
The defender (defenders) of the suspect, the person accused, the convict has (have) the right to meeting with it on own initiative and/or according to the petition of person concerning which it (they) performs (perform) protection, in the location of such person.
The defender (defenders) has (have) the right to meeting with one suspect, person accused. The meeting of the defender (defenders) with two and more suspects, persons accused at the same time is not allowed.
The suspect, the person accused has the right to such meeting no more than with two defenders at the same time.
If initiator of meeting is the defender, but the suspect, the person accused, the convict refuses such meeting, the administration of organization shall organize the defender's meeting with the suspect, the person accused, the convict.
If the suspect, the person accused, the convict personally and directly reports to the defender about unwillingness to continue meeting, such meeting stops.
Is not the basis for refusal of organization by administration at meeting of the suspect, the person accused condemned with the defender availability of the written application about refusal of the suspect, the person accused condemned from meeting. The refusal of administration of organization at meeting of the suspect, the person accused condemned with the defender involves the responsibility established by the law.
Person who made the decision on change of the place of stay of the suspect, the person accused, the convict, change of its legal and/or procedural status not later than 24 hours informs in writing or by sending the letter for electronic mailbox of the defender, close relatives of the suspect, the person accused condemned about its place of stay, date of change of the place of stay, the legal and/or procedural status with reasons for the bases for adoption of such decision and with indication of subject which accepted it. The corresponding information letter is handed by administration of organization also to defenders, close relatives instantly after their actual arrival to the suspect, the person accused, the convict.
6. The documents connected with accomplishment by the defender of its obligations without its consent are not subject to survey, withdrawal or disclosure by the investigator, prosecutor, investigative judge, court.
7. Public authorities and local government bodies, their officials shall fulfill legal requirements of the defender.
1. The defender shall use the remedies provided by this Code and other laws of Ukraine for the purpose of ensuring compliance with the rights, freedoms and legitimate interests of the suspect, the person accused and clarification of circumstances which confute suspicion or accusation, mitigate or exclude criminal liability of the suspect, person accused.
2. The defender shall arrive for participation performed by legal proceedings with the assistance of the suspect, the person accused. In case of impossibility to arrive to the appointed time the defender shall report beforehand about such impossibility and its reasons for the investigator, prosecutor, investigative judge, court and if it is appointed by body (organization) authorized by the law on provision of free legal assistance - as well to this body (organization).
3. The defender without the consent of the suspect, the person accused has no right to disclose data which became known to it in connection with participation in criminal proceedings and are the lawyer or protected by the law other secret.
4. The defender after its attraction has the right to refuse execution of the obligations only in cases:
1) if there are circumstances which according to this Code exclude its participation in criminal proceedings;
2) disagreements with the suspect, the person accused of the protection method which is rather chosen by it, except as specified obligatory participation of the defender;
3) deliberate failure to carry out by the suspect, person accused of conditions of the agreement signed with the defender which is shown, in particular, in systematic non-compliance with legal councils of the defender, violation of requirements of this Code, etc.;
4) if it motivates the refusal with lack of proper qualification for provision of legal assistance in specific production which is particularly complex.
1. The defender can be at any time attracted with the suspect, the person accused, their legal representatives, and also other persons at request or the consent of the suspect accused to participation in criminal proceedings. The investigator, the prosecutor, the investigative judge, court shall provide to the detained person or person who is held in custody, the help in establishment of communication with the defender or persons who can invite the defender, and also give opportunity to use means of communication for the invitation of the defender. The investigator, the prosecutor, the investigative judge, court shall abstain from provision of recommendations concerning involvement of the specific defender.
2. The defender is attracted by the investigator, the prosecutor, the investigative judge or court for protection implementation to destination in cases and according to the procedure, determined by Articles 49 and 53 of this Code.
1. The investigator, the prosecutor, the investigative judge or court shall provide participation of the defender in criminal proceedings in cases if:
1) according to requirements of Article 52 of this Code participation of the defender is obligatory, and the suspect, the person accused did not attract the defender;
2) the suspect, the person accused declared the petition for involvement of the defender, but due to the lack of means or for other objective reasons cannot independently attract it;
3) the investigator, the prosecutor, the investigative judge or court will decide that circumstances of criminal proceedings require participation of the defender, and the suspect, the person accused did not attract it.
The defender can be involved as the investigator, the prosecutor, the investigative judge or court in other cases provided by the law which regulates provision of free legal assistance.
2. In the cases provided by part one of this Article, the investigator, the prosecutor issues the decree, and the investigative judge and court decides determination by which he charges to relevant organ (organization) authorized by the law on provision of free legal assistance to appoint the lawyer for protection implementation to destination and to provide its arrival in time and the place specified in the resolution (determination) for participation in criminal proceedings.
3. The resolution (determination) on the order to appoint the lawyer immediately goes to relevant organ (organization) authorized by the law on provision of free legal assistance and is obligatory for immediate accomplishment. Failure to carry out, unseemly or untimely accomplishment of the resolution (determination) on the order to appoint the lawyer attract the responsibility established by the law.
1. Powers of the defender on participation in criminal proceedings prove to be true:
1) certificate on the right to occupation lawyer activities;
2) the order, the contract with the defender or the order of body (organization) authorized by the law on provision of free legal assistance.
2. Establishment of any additional requirements, except presentation by the defender of the document proving his identity, or conditions for confirmation of powers of the defender or for its attraction to participation in criminal proceedings is not allowed.
1. The contract with the defender has the right to imprison person provided in parts one of article 45 of this Code, and also other faces which are effective in its interests, according to its petition or in its further consent.
1. Participation of the defender is obligatory in criminal proceedings of rather especially serious crimes. In this case participation of the defender is provided from the moment of acquisition by person of the status of the suspect.
2. In other cases obligatory participation of the defender is provided in criminal offenses aged up to 18 years, - from the moment of factual determination of infancy or emergence of any doubts that person is full age;
2) concerning persons concerning whom it is provided enforcement powers of educational nature, - from the moment of factual determination of infancy or emergence of any doubts that litsoproizvodstvo:
1) concerning persons who are suspected or accused of making criminal is full age;
3) concerning persons who as a result of mental or physical defects (mute, deaf, blind, etc.) are fully not capable to exercise the rights, - from the moment of establishment of these shortcomings;
4) concerning persons who do not know language in which criminal proceedings are conducted, - from the moment of establishment of this fact;
5) concerning persons concerning whom application of enforcement powers of medical nature is provided or the issue of their application is resolved, - from the moment of factual determination of availability at person of mental disease or other data which raise doubts concerning his sanity;
6) concerning rehabilitation of the died person - from the moment of emergence of the right to rehabilitation of the died person;
7) ceased to be valid according to the Law of Ukraine of 23.02.2014 No. 767-VII
8) concerning persons concerning whom special pre-judicial investigation or special legal proceedings - is performed from the moment of adoption of the relevant proceeding decision;
9) in case of agreement signature between the prosecutor and the suspect or the person accused about guilt recognition - from the moment of initiation of the conclusion of such agreement.
1. The investigator, the prosecutor, the investigative judge or court attract the defender to carrying out separate legal proceeding according to the procedure, stipulated in Article the 49th of this Code, is exclusive in urgent cases when there is need for carrying out urgent legal proceeding with the assistance of the defender, and the defender beforehand notified cannot arrive for participation in carrying out legal proceeding or provide participation of other defender or if the suspect, the person accused showed willingness, but did not manage to attract the defender yet or arrival of the elected defender it is impossible.
2. Has the right to invite the defender to participation in separate legal proceeding and the suspect, the person accused. If there is no need for carrying out urgent legal proceedings with the assistance of the defender and when arrival of the defender elected the suspect, the person accused within twenty four hours is impossible, the investigator, the prosecutor, the investigative judge, court have the right to offer the suspect, the person accused to attract other defender.
3. When carrying out separate legal proceeding the defender has the same rights and obligations, as the defender who performs protection during criminal proceedings.
4. The defender both before legal proceeding, and after it has the right to meet the suspect accused for preparation for carrying out legal proceeding or discussion of its results.
5. Implementation of protection when carrying out separate legal proceeding does not assign to the defender obligation further to perform protection in all criminal proceedings or at its separate stage.
1. The suspect, the person accused has the right to refuse the defender or to replace it.
2. If the suspect, the person accused insists on refusal of the defender, the investigator, the prosecutor, the investigative judge or court shall organize the defender's meeting with the suspect, the person accused. If the suspect, the person accused personally and directly reports to the defender about unwillingness to have the defender, replacement of the defender and after the confidential conversation with the defender, such refusal or replacement is fixed in the protocol of legal proceeding or the magazine of judicial session.
Availability of the written application about refusal of the suspect accused from the defender or the written petition for its replacement before entering of the relevant information into the protocol of legal proceeding or the magazine of judicial session is not the basis for refusal by the investigator, the prosecutor, the investigative judge or court at the defender's meeting with the suspect, the person accused.
The refusal by the authorized person at meeting of the suspect accused with the defender concerning whom there is declaration of abandonment or the petition for replacement of the corresponding fixing in the protocol of legal proceeding or the magazine of judicial session involves the responsibility established by the law.
3. The refusal of the defender is not accepted if its participation is obligatory. In that case, if the suspect, the person accused refuses the defender and does not attract other defender, the defender shall be attracted according to the procedure, stipulated in Article the 49th of this Code, to protection implementation to destination.
1. The physical person to which the criminal offense causes moral, physical or property damage, the legal entity to whom the criminal offense causes property damage, and also the administrator on bond issue which according to provisions of the Law of Ukraine "About the capital markets and the organized goods markets" acts for the benefit of bondholders to whom the criminal offense causes material damage" can be the victim in criminal proceedings.
2. The rights and obligations of the victim arise at person from the moment of submission of the statement for making concerning it criminal offense or the statement for attraction it to production as the victim.
The victim is handed the instruction sheet of procedural law and obligations by person who adopted the statement for making of criminal offense.
3. Victim is also person who is not applicant, but to whom the criminal offense causes damage and with respect thereto it after the beginning of criminal proceedings submitted the application for attraction it to production as the victim.
4. Person to whom moral damage is caused as the representative of the legal entity or certain part of society cannot be the victim.
5. In the presence of obvious and good causes to consider that the statement, the message on criminal offense or the application for attraction to production as the victim is submitted by person to whom the damage specified in part one of this Article is not caused, the investigator or the prosecutor issues the motivated decree on refusal in recognition by the victim which can be appealed to the investigative judge.
6. If the death of person was caused by criminal offense or person is in condition which makes impossible submission to them of the corresponding statement, provisions of parts one - third this Article extend to close relatives or members of the family of such person. One person from among close relatives or family members which submitted the application for attraction it to production as the victim is recognized to victims, and according to the corresponding petition - several persons can be recognized as victims.
After person who was in condition which made impossible submission of the corresponding statement to them acquires capability to have procedural law, it can submit the application for attraction it to production as the victim.
7. If person did not submit the application for making concerning it criminal offense or the statement for attraction it to production as the victim, then the investigator, the prosecutor, court has the right to recognize person injured only in its written consent. In the absence of such consent person can be in case of need involved in criminal proceedings as the witness.
Provisions of this part do not extend to production which can be begun only based on the statement of the victim (criminal proceedings in the form of private prosecution).
1. During criminal proceedings the victim has the right:
1) to be notified on the rights and obligations provided by this Code;
2) to know essence of suspicion and accusation, to be notified on election, change or cancellation concerning the suspect accused died ensuring criminal proceedings and the end of pre-judicial investigation;
3) to submit proofs to the investigator, the prosecutor, the investigative judge, court;
4) to declare branches and petitions;
5) in the presence of the corresponding bases - on safety concerning, close relatives or members of the family, property and housing;
6) to give explanations, evidences or to refuse to give them;
7) to appeal decisions, actions or divergence of the investigator, prosecutor, investigative judge, court according to the procedure, provided by this Code;
8) to have the representative and at any moment of criminal proceedings to refuse its services;
9) to give explanations, evidences in native or other language which he masterfully uses it is free at the expense of the state to use translation service if he does not know state language or language in which criminal proceedings are conducted;
10) on compensation of the damage caused to criminal offenses according to the procedure, provided by the law;
11) to get acquainted with materials which directly concern the criminal offense made concerning it, according to the procedure, provided by this Code, including after discovery of materials according to article 290 of this Code, and also to get acquainted with materials of criminal proceedings which directly concern the criminal offense made concerning it, in case of closing of this production;
To apply 12) with observance of requirements of this Code technical means when carrying out legal proceedings in which he takes part. The investigator, the prosecutor, the investigative judge, court has the right to prohibit to the victim to use technical means when carrying out separate legal proceeding or at certain stage of criminal proceedings for the purpose of nondisclosure of the data containing secret which is protected by the law or concerns intimate aspects of life of the person about what it is taken out the motivated resolution (determination) (is decided);
13) to receive copies of procedural documents and written messages in the cases provided by this Code;
14) to have other rights provided by this Code.
2. During pre-judicial investigation the victim has the right:
1) on immediate acceptance and registration of a statement about criminal offense, recognition by his victim;
To receive 2) from authorized body to which it submitted the application, the document confirming its acceptance and registration;
3) to produce the evidence in confirmation of the statement;
4) to take part in investigative (search) and other legal proceedings when which carrying out to ask questions, to submit the notes and objections concerning procedure for carrying out action which are entered in the protocol, and also to get acquainted with protocols of the investigative (search) and other legal proceedings performed with its participation;
5) to receive copies of materials which directly concern the criminal offense made concerning it, upon termination of pre-judicial investigation.
3. During judicial proceedings in any instance the victim has the right:
1) to be beforehand informed on time and the place of jurisdiction;
2) to be involved in judicial proceedings;
3) to take part in direct verification of proofs;
4) to hold charges in court in case of refusal of the prosecutor from maintenance of crown case;
5) to express the opinion in case of the solution of question of assignment of punishment to the person accused, and also to express the opinion in case of the solution of question of application of enforcement powers of medical or educational nature;
6) to get acquainted with judgments, the magazine of judicial session and technical record of criminal proceedings in court;
7) to appeal judgments according to the procedure, provided by this Code.
4. At all stages of criminal proceedings the victim has the right to conciliate with the suspect, the person accused and to sign the conciliation agreement. In the cases provided by the law of Ukraine on criminal liability and this Code conciliation is the basis for closing of criminal proceedings.
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