RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 19, 2012 No. 1104

About realization of separate provisions of the Criminal Procedure Code of Ukraine

According to parts two and the eighth Article 100, Article part three 119, Article 123, Article part three 149, part four of Article 168 and part one of Article 298-3 of the Criminal Procedure Code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for storage of physical evidences by the party of accusation, their realization, technological conversion, destruction, implementation of the expenses connected with their storage and transfer, safety of temporarily withdrawn property during criminal proceedings;

Procedure for transfer on storage of the documents which are temporarily withdrawn during criminal proceedings which certify use of the special right.

2. Determine that compensation of procedural expenses in case of reduction to the person accused, the victim of the size of the expenses ought for payment or releases of specified persons from their payment is fully or partially performed at the expense of the state by Public judicial administration in the actual size of procedural expenses, but it is no more:

1) in case of compensation for expenses, connected with arrival to the place of pre-judicial investigation or judicial proceedings and with involvement of witnesses, experts, specialists, translators - the amount of compensation established in the Instruction about procedure and the amount of compensation (compensation) of expenses and payments of remuneration to persons which are caused in bodies of pre-judicial investigation, prosecutor's office, court or in bodies in which production there are cases on administrative offenses, and payment of the judicial examination to the public specialized agencies for accomplishment by their workers of functions of experts and specialists approved by the resolution of the Cabinet of Ministers of Ukraine of July 1, 1996 No. 710 (The Official Bulletin of Ukraine, 2007, No. 48, of Art. 1970; 2012, No. 71, Art. 2870);

2) in case of compensation for expenses on legal assistance:

the amount of compensation of lawyers established according to the Payment procedure of work of lawyers on the provision to citizens of legal assistance in criminal proceedings at the expense of the state approved by the resolution of the Cabinet of Ministers of Ukraine of May 14, 1999 No. 821;

since January 1, 2013 - the amount of compensation of lawyers established according to the Payment procedure of services of lawyers which provide secondary legal assistance to persons detained in administrative or criminal procedural procedure and also in criminal proceedings, to No. 305 approved by the resolution of the Cabinet of Ministers of Ukraine of April 18, 2012 (The Official Bulletin of Ukraine, 2012, No. 30, the Art. 1114, No. 71, the Art. 2870).

Compensation of court costs to persons who incurred them is performed by money transfer on their current accounts opened in bank institutions. The basis for compensation of court costs is the judgment.

3. Make change to Item 11 of the Procedure for consideration of the applications on change of name (surname, own name, middle name) the physical person approved by the resolution of the Cabinet of Ministers of Ukraine of July 11, 2007 No. 915 (The Official Bulletin of Ukraine, 2007, No. 52, Art. 2115; 2012, No. 71, of the Art. 2870), having excluded the paragraph third.

4. To the Ministry of Finance together with Public judicial administration to provide in limits determined the specified limiting Administration of amount of expenses by the appropriate budget programs of means for compensation of procedural expenses in criminal proceedings.

5. To the Ministry of Internal Affairs, the Ministry of infrastructure, the Ministry of Ecology and Natural Resources, the Ministry of Defence, the Ministry of Finance, the Ministry of Justice, Security service to bring own regulatory legal acts into accord with this resolution in a month.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 19, 2012, No. 1104

Procedure for storage of physical evidences by the party of accusation, their realization, technological conversion, destruction, implementation of the expenses connected with their storage and transfer, safety of temporarily withdrawn property during criminal proceedings

General provisions

1. This Procedure determines storage precautions of physical evidences the party of accusation, their realization, technological conversion, destruction, implementation of the expenses connected with their storage and transfer, and safety of temporarily withdrawn property during criminal proceedings.

2. This Procedure does not extend to storage precautions and accounting in criminal proceedings of physical evidences which arrived in court and which are provided in instructions on clerical work in the local general court and Appeal general Court approved by GSA.

3. Physical evidences, except for documents which are stored together with materials of criminal proceedings shall be properly packed and sealed.

The method of packaging shall provide impossibility of substitution or change of content without violation of its integrity and safety of the withdrawn (obtained) physical evidences from damage, spoil, deterioration or loss of properties thanks to which they have evidential value.

On physical evidences which cannot be properly packed because of bulkiness or for other reasons the label is attached by method which excludes possibility of its removal, change or damage.

On packaging (label) signatures of persons who participated in legal proceeding are put down, and information on packaging content, the name of the carried-out legal proceeding, date of its carrying out and number of criminal proceedings is specified.

4. Physical evidences, except those which are returned to the owner or are transferred to him to safe custody, implemented, destroyed, technologically processed, are stored before transfer to their court in body as a part of which the investigative division, division of inquiry, or other storage locations determined in this Procedure functions. If or for other reasons physical evidences cannot be transmitted through bulkiness to court, they are stored in body as a part of which the investigative division, division of inquiry functions, or other storage locations determined in this Procedure to the introduction in legal force of the judgment with which criminal proceedings come to an end or the dispute on their accessory according to the procedure of civil legal proceedings is solved.

5. Ensuring preserving their essential signs and properties shall be the storage condition of physical evidences.

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