ORDER OF ADMINISTRATION OF THE STATE BORDER SERVICE OF UKRAINE

of November 14, 2012 No. 931

About approval of the Instruction about operations procedure of officials of bodies (divisions) of protection of frontier during detention of persons suspected of crime execution without resolution of the investigative judge or court and procedure for further interaction of bodies (divisions) for protection of frontier with bodies of pre-judicial investigation

According to Item 5 parts one of article 19 of the Law of Ukraine "About the State Border Service of Ukraine", Item 9 of the Regulations on Administration of the State Border Service of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 399, ORDER:

1. Approve the Instruction about operations procedure of officials of bodies (divisions) of protection of frontier during detention of persons suspected of crime execution without resolution of the investigative judge or court and the procedure for further interaction of bodies (divisions) for protection of frontier with bodies of pre-judicial investigation (is applied).

2. And administrative production of Department of protection of frontier of Administration of State frontier service to submit to the head of department on work with foreigners this order on state registration to the Ministry of Justice of Ukraine.

3. To impose control over the implementation of this order on the First Deputy Chairman of the State Border Service of Ukraine - the director of the department of protection of frontier, chiefs of regional governments and bodies of protection of frontier.

4. This order becomes effective at the same time with entry into force by the Criminal Procedure Code of Ukraine, but not earlier than day of its official publication.

Approved by the Order of Administration of the State Border Service of Ukraine of November 14, 2012 No. 931

The instruction about operations procedure of officials of bodies (divisions) of protection of frontier during detention of persons suspected of crime execution without resolution of the investigative judge or court and procedure for further interaction of bodies (divisions) for protection of frontier with bodies of pre-judicial investigation

І. General provisions

1.1. This Instruction is developed according to Articles 208-213 of the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine), Article 2, Items 5 and 17 of part one of article 19 of the Law of Ukraine "About the State Border Service of Ukraine", Item 5 parts one of article 28 of the Law of Ukraine "About frontier of Ukraine" and for the purpose of determination of operations procedure of officials of bodies (divisions) of protection of frontier during detention of persons suspected of crime execution without resolution of the investigative judge or court and procedure for further interaction of bodies (divisions) for protection of frontier with bodies of pre-judicial investigation.

1.2. Terms which are used in this Instruction have such value:

department of the border service (the mobile frontier post) division of body of protection of frontier of the State Border Service of Ukraine, as law enforcement agency of special purpose which performs tasks on protection of frontier of Ukraine;

the authorized official - the official of body (division) of protection of frontier who directly performs tasks on protection of frontier of Ukraine.

ІІ. Procedure for detention of person

2.1. The authorized official without resolution of the investigative judge or court has the right to detain person suspected of crime execution in the field of protection of frontier for which custodial sanction is prescribed, under condition:

if this person was found during crime execution or attempt at its making;

if directly after crime execution the eyewitness, including the victim, or set of obvious signs on body, clothes or the place of event specify that this person just committed crime.

Features of procedure for criminal prosecution, detention and election of measure of restraint concerning judges, People's Deputies of Ukraine and minors are determined by articles 482 and 492 Codes of Criminal Procedure of Ukraine.

Detention of the employee of personnel structure of prospecting body of Ukraine in case of execution of the service duties by it and the personal search and survey of its things connected with it are applied only in the presence of official representatives of this body.

2.2. In case of availability of obvious essential elements of offense on body, clothes or the place of event the authorized official shall take measures concerning their preserving.

The authorized official who directly found the suspect during crime execution or attempt at its making or to whom the eyewitness specified this person or revealed on body, clothes or the place of event obvious signs which are specified that this person just committed crime, constitutes the corresponding official reports.

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