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Ministry of Justice of Ukraine

June 14, 2012

No. 957/21269

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

(as amended on 27-01-2021)

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.

 

Minister

A. Lavrinovich

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

І. General provisions

1.1. This Instruction regulates activities of departments (groups, sectors, chief inspectors) of control of execution of judgments (further division) organizations of execution of punishments (further - organization) and pre-trial detention centers (further - the pre-trial detention center) concerning acceptance in organizations (pre-trial detention center), accounting, movement under guards (convoy) of convicts (persons who are held in custody), release them from organizations (pre-trial detention center) and on other questions connected with execution of sentences of courts and other judgments.

1.2. Divisions of organizations (pre-trial detention center) perform such functions:

1.2.1. Check correctness of document creation for convicts (persons who are held in custody) in case of their acceptance in organization (pre-trial detention center).

1.2.2. Perform personal and quantitative accounting of convicts (persons who are held in custody), prepare reports on their number, structure and movement.

1.2.3. Record, create and store personal records of convicts (persons who are held in custody) which contain in organization (pre-trial detention center).

1.2.4. Control adherence to deadlines of detention, provided by the Criminal Procedure Code of Ukraine, concerning persons who are held in custody.

1.2.5. Take part in registration on convicts of materials concerning parole from serving sentence (Article 81, 107 Criminal codes of Ukraine, based on the risks assessment of making of repeated criminal offense determined with use of subsystem CASSANDRA of the Unified register of the convicts and persons detained), replacements of unexpired part of punishment to softer (article 82 of the Criminal code of Ukraine), establishments of administrative supervision under the law of Ukraine "About administrative supervision of persons exempted from places of detention", transfer of convicts on the bases established by parts one and third Article 101 and article 147 of the Criminal executive code of Ukraine.

1.2.6. Together with structural division of branch of Public institution "Center of health care of the Public criminal and executive service of Ukraine" (further - medical part) take part in preparation of materials concerning the termination of the forced treatment appointed to persons according to article 96 of the Criminal code of Ukraine, and release of convicts from punishment due to illness on the bases, stipulated in Article 84 Criminal codes of Ukraine.

1.2.7. Create materials according to pleas for mercy of convicts and exercise control of their timely direction.

1.2.8. Carry out acts of pardon and amnesty, the judgment concerning persons containing in organization (pre-trial detention center).

1.2.9. Provide control of compliance of the determination established by the commission on questions to the persons condemned to imprisonment of type of organization of execution of punishments, places of serving sentence condemned to imprisonment for certain term, lifelong imprisonment, arrest and restriction of freedom, their direction and transfer for serving sentence which is formed in interregional management concerning execution of criminal penalties of the Ministry of Justice, the level of safety of organization.

1.2.10. Organizations (pre-trial detention center) exercise control of timely release of convicts (persons who are held in custody) and provide execution of the relevant documents.

1.2.11. Consider claims, applications and letters on the questions carried to competence of divisions of organizations (pre-trial detention center) determined by this Instruction.

1.2.12. Prepare and send to Department concerning execution of criminal penalties the corresponding messages.

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