ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 8, 2012 No. 847/5

About approval of the Instruction about work of departments (groups, sectors, chief inspectors) control of execution of judgments of organizations of execution of punishments and pre-trial detention centers

According to Articles 58, of 87, of 89, of 91, of 100, of 101, of 147, of 153, 154 Penitentiary codes of Ukraine, for the purpose of reduction of regulatory legal acts in the field of execution of criminal penalties in compliance with requirements of the legislation ORDER:

1. Approve the Instruction about work of departments (groups, sectors, chief inspectors) of control of execution of judgments of organizations of execution of punishments and pre-trial detention centers which is applied.

2. To the public penitentiary service (further - GPTS) (Lisitskov O. V.) to bring this order to permission of heads of structural divisions, heads of territorial authorities of management of GPTS and to provide its accomplishment.

4. To department of interaction with authorities of the Ministry of Justice of Ukraine (Zerkal O. V.) to submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. To impose control over the implementation of this order on the First Deputy Chairman of GPTS of the major general of internal service Sidorenko S. M. and chiefs of territorial authorities of management of GPTS.

6. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Justice of Ukraine of June 8, 2012 No. 847/5

The instruction about work of departments (groups, sectors, chief inspectors) control of execution of judgments of organizations of execution of punishments and pre-trial detention centers

I. General provisions

1. This Instruction regulates activities of departments (groups, sectors, chief inspectors) of control of execution of judgments of organizations of execution of punishments and pre-trial detention centers of the Public criminal and executive service of Ukraine concerning acceptance in these organizations of the convicts and persons detained of their accounting, movement under guards (convoy), releases from organizations of execution of punishments and pre-trial detention centers of the Public criminal and executive service of Ukraine, and also on other questions connected with execution of sentences of courts, other judgments.

During action of warlike situation in Ukraine this Instruction regulates activities of departments (groups, sectors, chief inspectors) of control of execution of judgments of corrective labor colonies of the minimum level of safety with general terms of content, the average and maximum level of safety, and also pre-trial detention centers of the Public criminal and executive service of Ukraine concerning acceptance of prisoners of war to the sites for content of prisoners of war created in these organizations, accounting of these persons, movement under guards (convoy), and disposals.

2. In this Instruction the following reducings are used:

GUIS of Ukraine - Public criminal and executive service of Ukraine;

WICK of Ukraine - Penitentiary code of Ukraine;

UK of Ukraine - Criminal code of Ukraine;

Code of Criminal Procedure - Criminal Procedure Code of Ukraine;

The pre-trial detention center - the pre-trial detention center of the Public criminal and executive service of Ukraine;

DPNSI - the duty assistant to the chief of the pre-trial detention center;

DPNU - the duty assistant to the chief of organization of execution of punishments.

3. In this Instruction terms are used in such values:

administration of organization (pre-trial detention center) - the chief of organization of execution of punishments (pre-trial detention center), his first deputy, deputies or persons fulfilling them duties;

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 woman, 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 which is under guardianship or custody 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;

prisoners of war - persons who have the right to this status according to article 4 of the Geneva convention on the treatment of prisoners of war of August 12, 1949 and article 44 of the Additional protocol to the Geneva conventions of August 12, 1949 which concerns protection of the victims of the international armed conflicts (Protocol I), of June 08, 1977;

Department - Department concerning execution of criminal penalties;

the site for content of prisoners of war - the certain isolated room in corrective labor colony of the minimum level of safety with general terms of content, the average and maximum level of safety, and also in the pre-trial detention center, intended for temporary stay of prisoners of war;

healthcare institution - the healthcare institution which is not carried to maintaining the central executive body realizing state policy in the field of execution of criminal penalties and probation;

convicts are persons accused, convictions of court against whom took legal effect, persons, for the first time convicts to imprisonment for not heavy or heavy criminal offenses which based on article 89 WICK of Ukraine are left in the pre-trial detention center for work on economic servicing; persons condemned to restriction of freedom who based on article 57 WICK of Ukraine are subject to the direction to the place of serving sentence; persons condemned to imprisonment, lifelong imprisonment concerning which sentences took legal effect and based on article 87 WICK of Ukraine are subject to sending to organizations of execution of punishments; convicts concerning whom sentences took legal effect, based on article 90 WICK of Ukraine temporarily left in the pre-trial detention center or transferred to the pre-trial detention center from correction center, disciplinary battalion or corrective labor colony; persons concerning whom sentences took legal effect according to article 88 WICK of Ukraine move under guards from one organization to another;

the interregional commission - the collegiate organ formed in interregional management concerning execution of criminal penalties of the Ministry of Justice of Ukraine which within competence determines to the persons condemned to imprisonment type of organization of execution of punishments, the place of serving sentence condemned to imprisonment for certain term, to lifelong imprisonment, restriction of freedom performs the direction and transfer for serving sentence of convicts to imprisonment for certain term, lifelong imprisonment within zone of activities of interregional management;

interregional management - interregional management concerning execution of criminal penalties of the Ministry of Justice of Ukraine;

medical part (infirmary, medical institution) - healthcare institution of Public institution "Center of health protection of the Public criminal and executive service of Ukraine" which performs medical attendance of convicts (persons detained);

the health worker - the doctor, the paramedic, the nurse of healthcare institution of the Public institution "Center of health protection of the Public criminal and executive service of Ukraine" located in the territory of organization of execution of punishments (pre-trial detention center);

persons detained - persons who are held in custody according to the motivated judgment about election as measure of restraint of detention or about application of temporary or extradition arrest which is taken out according to UK and the Code of Criminal Procedure of Ukraine and/or to the decision of competent authority of foreign state in the cases provided by the law and also resolutions of the prosecutor accepted in cases and procedure, the stipulated in Article 615 Codes of Criminal Procedure; persons concerning whom the court verdict provides detention to the introduction in legal force;

faculty meeting - permanent collegiate organ of educational colony which considers materials and makes the decision on transfer of the convicts who reached eighteen-year age from educational colony in corrective labor colony and the leaving of such convicts for further serving sentence in educational colony according to the procedure established by Articles 147, 148 WICK of Ukraine;

southern region - Kirovohrad, Nikolaev, Odessa and Kherson regions;

division - structural division of Department, interregional management, organization of execution of punishments (pre-trial detention center) which exercises control on execution of sentences of courts and other judgments;

the prosecutor - the prosecutor who exercises in the corresponding territory control of compliance with laws in case of execution of judgments in criminal cases, and also in case of application of other actions of forced nature connected with restriction of personal liberty of citizens;

the supervisory committee - body which activities are performed according to the Regulations on the supervisory committees approved by the resolution of the Cabinet of Ministers of Ukraine of April 01, 2004 No. 429 (in edition of the resolution of the Cabinet of Ministers of Ukraine of November 25, 2022 No. 1314);

organization - criminal and executive organization (correction center, corrective labor colony), special educational facility (educational colony);

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