ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE, MINISTRY OF JUSTICE OF UKRAINE

of March 26, 2013 No. 289/540/5

About measures concerning observance of requirements of the legislation during detention without resolution of the investigative judge, vessels of persons suspected of crime execution and when electing concerning suspects of measure of restraint - detention during criminal proceedings

According to Item 21 of the Section XІ "Transitional Provisions" of the Criminal Procedure Code of Ukraine and for the purpose of non-admission of violations of requirements of the penal procedural legislation during detention without resolution of the investigative judge, vessels of persons suspected of making of crimes and elections concerning suspects of measure of restraint in the form of detention, and also observance of fixed terms of content of suspects under guards it is ORDERED:

1. To first deputy 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 chiefs of investigation departments (departments) (further - chiefs of investigation departments (departments) of GUMVS, Regional Office of the Ministry of Internal Affairs):

1.1. Use measures concerning non-admission of violations of the Criminal Procedure Code of Ukraine by investigators of subordinate investigative divisions during detention without resolution of the investigative judge, vessels of persons suspected of crime execution and also concerning adherence to deadlines of content of suspects under guards, including timeliness of informing administration of detention centers on their prolongation.

1.2. To monthly generalize data concerning persons exempted:

1.2.1. Directly the investigators or officials responsible for stay of detainees who were late without resolution of the investigative judge, vessels, without submission of the petition to the prosecutor about election of measure of restraint, from temporary detention centers of law-enforcement bodies (further - IVS).

1.2.2. From detention centers in connection with cancellation of measure of restraint in the form of detention or its change on other measure of restraint; bail; the termination of effective period of the resolution of the investigative judge, court about detention.

1.3. To monthly carry out mutually reconciliations with IVS and pre-trial detention centers of the Public penitentiary service of Ukraine (the pre-trial detention center is farther) concerning compliance of information on persons specified in subitems 1.2. 1, 1.2.2 Items 1.2 of this order. Consider results at final meetings of investigative divisions. Study questions of justification of detention and further release of persons suspected of making of crimes, and also bases for election concerning suspects of measure of restraint in the form of detention.

1.4. Exercise control of investigation condition in criminal proceedings in which suspects are released from custody, before the end of pre-judicial investigation.

1.5. To organize quarterly in subordinate investigative divisions of check of condition of observance by employees of law-enforcement bodies of requirements of the legislation during detention of persons suspected of crime execution, and application concerning suspects of measure of restraint in the form of detention.

To consider results of checks at meetings of boards and the operational meetings of head departments, 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). Use measures for elimination of the revealed shortcomings and their non-admission further. To heads of investigative divisions and territorial authorities of internal affairs which did not provide observance of requirements of the legislation, to use measures of disciplinary influence.

1.6. Within 10 days from the date of identification of violation of requirements of the penal procedural legislation to organize in accordance with the established procedure conducting office investigations on each fact:

reasonable suspicion that delivery in body of pre-judicial investigation by the authorized official of the detained person continued longer, than it is necessary;

not message or the untimely message the investigator, other official to the detained person suspected of crime execution about the bases of detention and about that of what making of crime it is suspected, and also not explanation of its right to have the defender, to receive medical care, to provide explanations, indications or not to tell anything concerning suspicion concerning it;

not messages on detention of person and the place of its stay to close relatives, family members or other persons at the choice of this person;

not deliveries immediately detained copies of the protocol on detention under the signature, and also in case of neposylaniye of such protocol to the prosecutor;

releases from IVS of the detained person suspected of crime execution directly the investigator or the official responsible for stay of detainees, without representation of the petition to investigators to the prosecutor for election of measure of restraint;

releases of suspects from custody because of not introduction by the investigator in coordination with the prosecutor of the petition for the prolongation of term of detention according to the procedure established by the Criminal Procedure Code of Ukraine;

adoptions of the verdict of not guilty by court, adoptions by the prosecutor of the resolution on closing of criminal proceedings due to the lack of event of criminal offense or absence in act of structure of criminal offense concerning person who was held in custody.

1.7. By results of office investigation within competence to constitute written motivated conclusion which to approve personally and from the date of its approval together with materials of reaction to give to 5-day time to the Main Investigation Department of the Ministry of Internal Affairs of Ukraine.

1.8. About the measures used concerning officials who allowed violation of requirements of the legislation to report each employee of subordinate investigative divisions at final meetings.

2. To first deputy chiefs of city, district, linear managements (departments) of GUMVD, Regional Office of the Ministry of Internal Affairs - chiefs of investigative departments (departments) (further - investigative department):

2.1. Accept daily written reports from the official responsible for stay of detainees, about observance of the rights of the detained person suspected of crime execution. In case of their violation immediately in writing to report on it on the chief of investigation department (department) of GUMVD, Regional Office of the Ministry of Internal Affairs and to take urgent measures concerning elimination of the revealed violations.

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