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Ministry of Justice of Ukraine

October 22, 2012

No. 1769/22081

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 9, 2012 No. 686

About the organization of activities of bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine

(as amended on 30-01-2015)

According to the Law of Ukraine "About the central executive bodies", the Regulations on the Ministry of Internal Affairs of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 383, in connection with enforcement of the Criminal Procedure Code of Ukraine and for the purpose of enhancement of activities of bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine, proper accomplishment by them of the legislation on criminal proceedings of PRIKAZYVAYU:

1. Approve:

1.1. Regulations on bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine which are applied.

1.2. Regulations on the Main Investigation Department of the Ministry of Internal Affairs of Ukraine which are applied.

1.3. Standard regulations on investigation department (department) of head department, Department of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport which is applied.

1.4. Standard regulations on investigative department (department) of the municipal, district, linear government (department), department of militia in their structure, department of special militia of head department, the Department of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport which is applied.

1.5. The instruction on the organization of activities of bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine which is attached.

2. To chiefs of head departments, Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport to provide preparation and approval of regulations on investigation departments (departments) of head departments, Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport according to the standard provisions approved by this order taking into account Standard structure of law-enforcement bodies of Ukraine.

3. To the Main Investigation Department (Farinnik V. I.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

4. This order becomes effective from the date of entry into force of the Criminal Procedure Code of Ukraine.

5. Send the order on accessory.

I reserve control over the implementation of the order.

V.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. 686

Regulations on bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine

І. General provisions

1.1. Bodies of pre-judicial investigation of the Ministry of Internal Affairs of Ukraine (further - bodies of pre-judicial investigation) are structural divisions of the Ministry of Internal Affairs of Ukraine and its territorial authorities which according to the Criminal Procedure Code of Ukraine provide pre-judicial investigation of the criminal offenses carried to their competence.

1.2. Bodies of pre-judicial investigation are:

1.2.1. The Main Investigation Department of the Ministry of Internal Affairs of Ukraine (further - GSU Ministry of Internal Affairs of Ukraine).

1.2.2. Investigation departments (departments) of head departments, the Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport (further - investigation departments (departments) of GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine).

1.2.3. Investigative departments (departments) of city, district, linear managements (departments), departments of militia in their structure, departments of special militia of head departments, the Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport (further - investigative divisions of territorial authorities of internal affairs).

1.3. The legal basis of activities of bodies of pre-judicial investigation is constituted by the Constitution of Ukraine, the Criminal code of Ukraine, the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure) and other normative legal acts concerning pre-judicial investigation.

1.4. Activities of bodies of pre-judicial investigation are performed according to the principles of supremacy of law, legality, equality before the law and court, respect for human dignity, ensuring right to liberty and security of person, immunity of housing or other ownership of person, the mystery of communication, non-interference to private life, immunity of the property right, presumption of innocence and ensuring validity of fault, freedom from self-exposure and the right not to witness against close relatives and family members, prohibition to bring twice to trial for the same offense, ensuring right of defense, competitiveness of the parties of criminal implementation and freedom in representation by them to court of the proofs and in finishing before court of their persuasiveness, spontaneity of research of indications, things and documents, providing the right to appeal of proceeding decisions, actions or divergence, publicity, dispositivities, rationality of terms of pre-judicial investigation.

1.5. Bodies of pre-judicial investigation are headed:

In the Ministry of Internal Affairs of Ukraine - the deputy minister of internal affairs of Ukraine - the chief of the Main Investigation Department;

in head departments, the Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport (further - GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine) - first deputy chiefs of GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine - chiefs of investigation departments (departments);

in territorial authorities of internal affairs - first deputy chiefs of territorial authorities of internal affairs - chiefs of investigative departments (departments).

1.6. The structure and the number of staff of bodies of pre-judicial investigation affirm the Ministry of Internal Affairs of Ukraine.

1.7. Bodies of pre-judicial investigation when implementing the powers interact with the ministries, other executive bodies, local government bodies, public institutions, public organizations and associations, and also according to international treaties with competent and judicial authorities of foreign states.

1.8. The legal and social guarantees provided by the Law of Ukraine "About militia" extend to employees of bodies of pre-judicial investigation who have special ranks.

Conditions and procedure for service in bodies of pre-judicial investigation are established by the Labor code of Ukraine, the Law of Ukraine "About public service" and Regulations on service by the ordinary and commanding structure of law-enforcement bodies approved by the resolution of the Cabinet of Ministers of the Ukrainian SSR of July 29, 1991 No. 114.

ІІ. Tasks of bodies of pre-judicial investigation

2.1. Such tasks are assigned to bodies of pre-judicial investigation:

2.1.1. Protection of person, society and state against criminal offenses.

2.1.2. Protection of the rights, freedoms and legitimate interests of participants of criminal proceedings.

2.1.3. Ensuring bystry, complete and impartial investigation of criminal offenses, persons under investigation to investigators of law-enforcement bodies (crimes - in the form of pretrial investigation, criminal offenses - in the form of inquiry).

2.1.4. Ensuring compensation to physical persons and legal entities of the damage caused by criminal offenses.

2.1.5. Identification of the reasons and conditions which promote making of criminal offenses, and acceptance through relevant organs of measures for their elimination.

2.2. Other tasks established by the legislation of Ukraine also can be assigned to bodies of pre-judicial investigation.

2.3. Bodies of pre-judicial investigation shall apply everything the measures provided by the current legislation to ensuring efficiency of pre-judicial investigation.

ІІІ. Main functions of bodies of pre-judicial investigation

3.1. According to the tasks assigned to bodies of pre-judicial investigation they perform such functions:

3.1.1. The comprehensive, complete and impartial investigation of circumstances of criminal proceedings, identification as those circumstances which expose, and that which acquit the suspect of the person accused, and also circumstances which commute or burden its penalty, provision of proper legal treatment by it and ensuring adoption of legal and impartial proceeding decisions.

3.1.2. The analysis of investigative practice, the organization and results of activities of investigators, introduction on the basis of it in accordance with the established procedure offers concerning increase in efficiency of functioning of bodies of pre-judicial investigation, providing law and order, strengthening of fight against crime, informing the population on the specified questions through mass media.

3.1.3. Development and implementation of actions on compliance with the law, strengthening of office discipline, improvement of quality of pre-judicial investigation and reducing its terms.

3.1.4. Studying, generalization of positive experience of pre-judicial investigation, its implementation in practice and development of modern techniques of investigation of separate types of criminal offenses.

3.1.5. The organization of interaction of the Main Investigation Department and subordinate investigative divisions with the bodies and divisions exercising operational search and expert activities, public prosecutor's supervision in criminal proceedings.

3.1.6. Studying of practice of application by investigators of rules of law and development of offers concerning enhancement of the legislation of Ukraine.

3.1.7. Ensuring matching, arrangement and education of investigative personnel, increases in their qualification and professional skill.

3.1.8. The organization according to the Code of Criminal Procedure and the laws of Ukraine considerations and solutions of claims and petitions from citizens which arrive in connection with production of pre-judicial investigation of criminal offenses.

3.2. Other functions provided by the current legislation also can be assigned to bodies of pre-judicial investigation.

IV. Procedure for appointment of investigators to position, their movement and dismissal

4.1. It is necessary to understand officials of law-enforcement bodies, representatives within the competence provided by the Code of Criminal Procedure as the concept "investigator" which is applied in this Provision, to perform pre-judicial investigation of criminal offenses which are on positions of heads of bodies of pre-judicial investigation, their deputies, heads of structural divisions of bodies of pre-judicial investigation and their deputies and the senior special investigators, special investigators, the senior investigators, investigators.

Investigators cannot be members of political parties, movements and other public associations which have political goal. They are forbidden to be engaged in any kinds another paid (except teaching, scientific, creative activities, medical practice, instructor and judicial practice for sport) and business activity, and also to organize strikes or to take part in them.

Requirements and the restrictions set by the Law of Ukraine "About the principles of the prevention and anti-corruption" extend to investigators.

4.2. The deputy minister of internal affairs of Ukraine - the chief of the Main Investigation Department is appointed to position and dismissed in accordance with the established procedure by the Cabinet of Ministers of Ukraine on representation of the Minister of Internal Affairs of Ukraine.

The first deputy, deputy chief of GSU Ministry of Internal Affairs of Ukraine, chiefs of structural divisions of GSU Ministry of Internal Affairs of Ukraine, their deputies, the senior special investigators, other workers and government employees of GSU Ministry of Internal Affairs of Ukraine are appointed to positions and dismissed by orders of the Ministry of Internal Affairs of Ukraine.

4.3. First deputy chiefs of GUMVD, Regional Office of the Ministry of Internal Affairs - chiefs of investigation departments (departments) are appointed to positions and dismissed by the Minister of Internal Affairs of Ukraine on provision of chiefs of head departments, Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport, approved with the chief of the Main Investigation Department.

4.4. Deputy chiefs of investigation departments (departments), chiefs of departments (departments) as a part of investigation departments (departments), their deputies, the senior special investigators, special investigators, the senior investigators, investigators and other employees of investigation departments (departments) of GUMVD, Regional Office of the Ministry of Internal Affairs, first deputy chiefs of territorial authorities of internal affairs are chiefs of investigative departments, departments, their deputies, the senior investigators, investigators and other employees of investigative divisions of territorial authorities of internal affairs are employed in law-enforcement bodies, appointed to positions and dismissed and/or from service in law-enforcement bodies (except for dismissals from service of faces of the senior commanding structure with special rank "militia colonel", which leave from service in law-enforcement bodies the Minister of Internal Affairs of Ukraine according to Regulations on service by the ordinary and commanding structure of law-enforcement bodies approved by the resolution of the Cabinet of Ministers of the Ukrainian SSR of July 29, 1991 No. 114) chiefs of head departments, Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol on transport on provision of first deputy chiefs of GUMVD, Regional Office of the Ministry of Internal Affairs - chiefs of investigation departments (departments).

4.5. Employee assessment of bodies of pre-judicial investigation is carried out according to requirements of the Law of Ukraine "About professional development of workers", and faces of the private and the commanding structure of bodies of pre-judicial investigation - according to Regulations on service by the ordinary and commanding structure of law-enforcement bodies approved by the resolution of the Cabinet of Ministers of the Ukrainian SSR of July 29, 1991 No. 114.

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