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Ministry of Justice of Ukraine

February 2, 2017

No. 140/30008

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 2, 2017 No. 254/5

About approval of the Procedure for acceptance and accounting in organizations of execution of punishments and pre-trial detention centers of statements and messages on committed criminal offenses and other events

(as amended on 26-07-2018)

According to article 18 of the Law of Ukraine "About the Public criminal and executive service of Ukraine" and for the purpose of reduction of regulatory legal acts in compliance with the current legislation I order:

1. Approve the Procedure for acceptance and accounting in organizations of execution of punishments and pre-trial detention centers of statements and messages on committed criminal offenses and other events which is applied.

2. To department of the public law (Kravchenko L. M.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

3. This order becomes effective from the date of its official publication.

4. Control over execution of this order shall be entrusted to the deputy minister Chernyshev D. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of February 2, 2017, No. 254/5

Procedure for acceptance and accounting in organizations of execution of punishments and pre-trial detention centers of statements and messages on committed criminal offenses and other events

I. General provisions

1. This Procedure determines the mechanism of acceptance and accounting of statements and messages about the punishments made in the territory of organizations of execution and pre-trial detention centers (further - organization) criminal offenses and other events, and also control of its observance.

2. Information on committed criminal offenses and other events contains in oral and written applications and messages of physical persons or legal entities, office and officials of public authorities and local government bodies, the companies, organizations, the organizations, and also can be received through mass media during personal acceptance and telephone communication.

3. In this Procedure terms are used in the following values:

the statement and the message on committed criminal offense - the oral or written address with indication of data on committed criminal offense;

other event - event which caused damage to health or led to loss of life caused material or moral damage to the organization, persons detained, condemned, official and to officials of organizations of execution of punishments and pre-trial detention centers (further - personnel of organization) in case of execution of the obligations assigned to them and to other persons who are in the territory of organization, or caused public response.

4. Statements and messages on committed criminal offenses or other events shall contain the name of body (the company, organization, the organization), surname, name and the applicant's middle name, its postal address, the signature, date of writing of the application or the message and the short description of circumstances which can demonstrate making of criminal offense or other event.

5. Personnel of organization, having received the written application or the message on committed criminal offense or other event, including during personal acceptance, immediately transfers such statement or the message to control room of organization for accounting.

6. Personnel of organization, having received the oral statement or the message on committed criminal offense or other event, including during personal acceptance, means of telephone communication and in case of direct (independent) identification of circumstances which can testify to committed criminal offense or other event, immediately constitutes the official report.

7. In case of receipt of the statement or message on committed criminal offense or other event means of telephone communication the applicant is offered to arrive to organization for writing of the written application, and in case of its refusal the personnel of organization immediately constitute the official report.

8. In case of receipt of the oral or written application or message on committed criminal offense or other event from which it is impossible to establish authorship or if the applicant refused to provide about himself the information, the personnel of organization immediately constitute the official report with indication of these circumstances.

9. The official report of personnel of organization about the committed criminal offense or other event shall contain surname, name and middle name, position and the signature of person who constituted it, the date and time of its creation and the data specified in item 4 of this Section.

10. Written applications and messages on committed criminal offenses or other events which arrived by mail are accepted by personnel of structural division on clerical work of organization and are immediately submitted the chief of organization or person fulfilling its duties (further - the chief of organization) who by results of consideration immediately transfers such statement or the message to control room of organization for accounting.

11. The personnel of organization in case of detection in mass media of the message on possible criminal offense or other event immediately notify on it control room of organization.

II. Adoption of statements and messages on committed criminal offenses and other events

1. The oral or written applications, messages and official reports of personnel of organization containing data on committed criminal offenses or other events irrespective of time of their making, the identity of the applicant and method of their receipt are accepted by round the clock control room of organization in which arrived the statement, the message or the official report, namely the duty assistant to the chief of organization or person fulfilling its duties (further - the person on duty on organization).

2. The person on duty on organization in the presence of the data testimonial of real threat of life or to health of person who reported about the committed criminal offense or other event immediately takes necessary measures for safety and preserving health of the applicant, elimination of negative effects of committed criminal offense or other event, protection of the scene and preserving possible proofs.

3. The person on duty on organization by means of telephone communication immediately informs relevant organ of pre-judicial investigation on receipt of the oral or written application, message or official report of personnel of organization on the committed criminal offense or other event.

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