Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

It is registered

Ministry of Justice of Ukraine

August 3, 2016

No. 1087/29217

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of July 13, 2016 No. 654

About approval of the Instruction about procedure for execution by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest

According to Article 181 of the Criminal Procedure Code of Ukraine and for the purpose of providing the proper organization of work of bodies of National police for accomplishment of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about replacement of earlier chosen measure of restraint by measure of restraint in the form of house arrest I order:

1. Approve the Instruction about procedure for accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest which is applied.

2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine of August 31, 2013 No. 845 "About approval of the Instruction about procedure for execution by law-enforcement bodies of Ukraine for decisions of the investigator of the judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest", registered in the Ministry of Justice of Ukraine on October 31, 2013 for No. 1845/24377.

3. To department of forming of policy for authorities and monitoring under control to the Minister (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.

Minister

A. B. Avakov

Approved by the Order of the Ministry of Internal Affairs of Ukraine of July 13, 2016 No. 654

The instruction about procedure for execution by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest

I. General provisions

1. This Instruction determines procedure and the organization of accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and resolutions of the investigative judge, court about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest (further - the resolution of the investigative judge, court).

2. The legal basis of accomplishment by bodies of National police of resolutions of the investigative judge, court are the Constitution of Ukraine, the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine), the Law of Ukraine "About National police", this Instruction and other regulatory legal acts.

3. The terms used in this Instruction have the following values:

house arrest - type of measure of restraint which is applied in criminal proceedings according to the resolution of the investigative judge, vessels to suspects or the accused persons for making of crimes by them for which the law prescribes custodial sanction and consists in prohibition to leave them housing round the clock or in certain time of day;

housing - any room which is in permanent or temporary ownership of person irrespective of its appointment and legal status, and is adapted for permanent or temporary residence in it physical persons, and also all components of such room;

bodies of National police - the head departments of National police in the Autonomous Republic of Crimea and Sevastopol, areas, Kiev subordinated to them territorial administrations, departments, departments of police.

4. The resolution of the investigator of the judge, court is subject to immediate execution by body of National police after its announcement to the suspect, the person accused.

The police agency which investigative division performs pre-judicial investigation concerning the suspect of the person accused to whom house arrest is applied, instantly with use of means of fax connection or e-mail notifies body of National police for the residence of the suspect, the person accused on pronouncement of the resolution of the investigative judge, court.

In case of application of house arrest under the terms of which it is forbidden to leave housing round the clock to the suspect, the person accused who was detained in pursuance of requirements of part three of article 202 Code of Criminal Procedure of Ukraine police agency which authorized officer detains the suspect, the person accused, provides its immediate release from custody and delivery to the residence.

5. The fact of arrival of the suspect accused to housing specified in the resolution of the investigative judge, court, and the beginning of accomplishment to them by the assigned resolution of the investigative judge, court of obligations the employee of body of National police fixes in the official report by results of the first visit of its residence.

From the moment of fixing of the fact of the beginning of accomplishment by the suspect, person accused of the assigned obligations the body of National police begins control of his behavior.

6. Control of behavior of the suspect, person accused immediately stops body of National police in case of circumstances, the stipulated in Article 203 Codes of Criminal Procedure of Ukraine.

II. Accounting of suspects, persons accused to whom the measure of restraint in the form of house arrest is applied

1. Accounting of suspects, persons accused to whom the measure of restraint in the form of house arrest is applied is conducted in the database which enters the unified information system of the Ministry of Internal Affairs of Ukraine (further - the database of the Ministry of Internal Affairs) created according to requirements of the current legislation. In the database of the Ministry of Internal Affairs the round-the-clock access for police officers who exercise control of behavior of persons which are under house arrest is provided.

2. Information in the database of the Ministry of Internal Affairs is immediately entered by the employee of body of National police, it is entrusted to them to exercise direct supervision behind behavior of the suspect, the person accused. If the worker is not the authorized user of the database of the Ministry of Internal Affairs, data are immediately entered by the head or, according to its order, the authorized person of structural division which is the authorized user.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.