It is registered
in the Ministry of Justice of Ukraine
September 5, 2012.
of August 9, 2012 No. 696
About approval of the Regulations on procedure for application of electronic control facilities
According to requirements of part three of Article 195 of the Criminal Procedure Code of Ukraine and for the purpose of ensuring proper application of electronic control facilities by law enforcement agencies when implementing criminal implementation I ORDER:
1. Approve Regulations on procedure for application of electronic control facilities which are applied.
2. To heads of structural divisions of the office of the Ministry, head departments, Departments of MIA of Ukraine, in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport to organize studying and to provide fulfillment of requirements of this provision by employees of subordinate bodies and divisions of internal affairs.
3. To the Main Investigation Department (Farynnik V. I.) provide provision of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.
4. I reserve control over the implementation of this order.
5. Send this order for accessories.
6. This order becomes effective from the date of entry into force of the Criminal Procedure Code of Ukraine.
Vr.i.o. Minister militia lieutenant general S. P. Chernykh
Approved by the Order of the Ministry of Internal Affairs of Ukraine of August 9, 2012 No. 696
1.1. This Provision determines procedure for application of electronic control facilities (further - ESK) according to Article 195 of the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine) and the organization of activities of investigators, employees of law-enforcement bodies who provide accomplishment of the resolution of the investigative judge, court, rather electronic control of the location of suspected (person accused).
1.2. Application of ESK consists in fixing on body of the suspected (charged) electronic device which gives the chance to trace and fix its location.
1.3. The purpose of application of ESK is ensuring accomplishment of obligations which are assigned to suspected (person accused) by the resolution of the investigative judge, vessels about application of the measure of restraint which is not connected with imprisonment or in the form of house arrest.
1.4. The legal basis of application by investigators and employees of law-enforcement bodies of ESK for suspected (person accused) is the Constitution of Ukraine the Criminal Procedure Code of Ukraine, the Law of Ukraine "About militia", and also this Provision.
1.5. Application of ESK which significantly break normal tenor of life of person is not allowed, attract considerable inconveniences in their carrying or can constitute danger to life and health of person who uses them. It is forbidden to apply ESK which did not undergo certification according to the current legislation.
1.6. In this Provision terms are used in such value:
electronic bracelet - the electronic device executed in the form of bracelet which is fixed on body of the suspect or person accused for the purpose of its remote identification and tracking of the location, intended for carrying on body and protected from independent renting, damage or other intervention in its work with the evasion purpose from control and shall signal about attempt of person to perform such actions;
electronic control facilities - electronic bracelet, electronic monitoring, the mobile control device, the mobile panel of monitoring, personal tracker, repeater, the monitoring server, the stationary panel of monitoring, the stationary control device;
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