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Ministry of Justice of Ukraine

June 22, 2016

No. 884/29014

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of April 14, 2016 No. 296

About approval of the Instruction on the organization of accounting and movement of criminal proceedings in bodies of pre-judicial investigation of National police of Ukraine

According to the Criminal Procedure Code of Ukraine, the Regulations on the Ministry of Internal Affairs of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 2015 No. 878, for the purpose of reduction of regulatory legal acts in the field of activities of National police of Ukraine in compliance with requirements of the legislation, enhancement of accounting and movement of criminal proceedings I order:

1. Approve the Instruction on the organization of accounting and movement of criminal proceedings in bodies of pre-judicial investigation of National police of Ukraine (further - the Instruction) which is applied.

2. National police of Ukraine () provide to Dekanoidze H. studying and observance of requirements of the Instruction by staff of bodies and divisions of National police of Ukraine within which competence its accomplishment is.

3. To department of forming of policy for authorities under control to the Minister and monitoring of the Ministry of Internal Affairs of Ukraine (Bodnar V. E.) 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 its official publication.

5. To impose control over the implementation of this order on the Chairman of National police of Ukraine police lieutenant colonel Dekanoidze H.

Minister

A. B. Avakov

Approved by the Order of the Ministry of Internal Affairs of Ukraine of April 14, 2016 No. 296

The instruction on the organization of accounting and movement of criminal proceedings in bodies of pre-judicial investigation of National police of Ukraine

I. General provisions

1. This Instruction determines single accounting treatment, storages, issues and inventory counts of criminal proceedings in bodies of pre-judicial investigation of National police of Ukraine.

2. The organization of accounting, storage, issue and inventory count of criminal proceedings in the Main Investigation Department of National police of Ukraine (further - GSU) is assigned to chiefs of managements of GSU, in head departments of National police in the Autonomous Republic of Crimea and Sevastopol, areas, Kiev (further - GUNP) - to chiefs of investigation departments of GUNP, and in managements, departments, departments of police, departments (departments) of special police of GUNP (further - territorial subdivisions of police) in which structure the body of pre-judicial investigation - affects chiefs of investigative departments, departments.

3. In what pre-judicial investigation is stopped the investigator who directly performs pre-judicial investigation on these criminal proceedings is responsible for storage of criminal proceedings in which pre-judicial investigation is performed and also. During pre-judicial investigation in criminal proceedings by group of investigators by the responsible person for storage of criminal proceedings the investigator determined by the senior of the investigation team is.

II. Accounting treatment and movements of the criminal proceedings which are in production

1. Each investigator keeps the book of accounting of investigative work (about movement of criminal proceedings) (appendix 1) in which brings data on movement of all criminal proceedings in which it performs pre-judicial investigation. Conducting such accounting by means of electronic computer facilities which have duplicative nature is allowed.

2. In case of departure of the investigator in leave or official journey, temporary loss by it of working capacity, its transfer for further service to other division or dismissal the criminal proceedings which are in its production and also in which pre-judicial investigation is suspended or issued the decree on their closing together with the book of accounting of investigative work are transferred under the delivery-acceptance certificate of materials of criminal proceedings (appendix 2) in duplicate to the head of body of pre-judicial investigation (person fulfilling its duties) for the organization of further investigation.

3. The head of body of pre-judicial investigation (person fulfilling its duties) after reconciliation of the actual availability of criminal proceedings to data of the Unified register of pre-judicial investigations (further - ERDR) and books of accounting of investigative work (about movement of criminal proceedings) the signature certifies the fact of acceptance of criminal proceedings. One copy of the act is located in the job specification of reception-transmission of criminal proceedings of body of pre-judicial investigation (further - the job specification store), and the second - remains at the investigator.

4. In case of impossibility for the objective reasons of creation by the investigator of such act by the head of body of pre-judicial investigation (person fulfilling its duties) the commission (are its part, except the head, two workers subordinated to it), which performs withdrawal from office office of the investigator of criminal proceedings is created, draws up the relevant statement in one copy which is located in the job specification store.

5. Criminal proceedings out of limits of body of pre-judicial investigation go with the cover letter which is signed by the head (his deputy according to distribution of functional obligations) and is registered in office of body of pre-judicial investigation (in case of absence - in office of police agency) according to requirements of the legislation concerning clerical work. Copies of cover letters are located in the corresponding job specification store.

Criminal proceedings before sending shall be drawn properly up: contain the internal list of documents, the numbered sheets, to be stitched and under seal. On reverse side of the last leaf of criminal proceedings the investigator who drew up it appends the signature with indication of the position, date, the number of the sheets (figures and copy-book) filed in volume.

6. The head of body of pre-judicial investigation (his deputy) about the direction of criminal proceedings the corresponding mark in the magazine the register of criminal proceedings becomes.

7. Sending criminal proceedings is performed only through office (division of documentary providing) of relevant organs of police in the procedure established by the legislation.

In exceptional cases, the proceeding decisions caused by urgency of acceptance and adherence to deadlines of pre-judicial investigation, within one administrative and territorial unit delivery of criminal proceedings by the courier is allowed.

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