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Ministry of Justice of Ukraine

January 27, 2017

No. 121/29989

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of January 27, 2017 No. 200/5

About approval of the Procedure for creation of the pre-judicial report

(as amended on 27-01-2021)

According to article 9 of the Law of Ukraine "About probation" I order:

1. Approve the Procedure for creation of the pre-judicial report which is applied.

2. Department of the public law of the Ministry of Justice of Ukraine (Kravchenko L. M.) shall 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 January 27, 2017, No. 200/5

Procedure for creation of the pre-judicial report

I. General provisions

1. This Procedure determines the mechanism of creation and giving in court by personnel of body of probation of the pre-judicial report, its content.

2. In this Procedure terms are used in the values given in the Criminal Procedure Code of Ukraine and the Law of Ukraine "About probation".

3. The body of probation in case of creation of the pre-judicial report in the activities is guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, regulatory legal acts of the Ministry of Justice of Ukraine, other acts of the legislation Ukraine and also this Procedure.

4. The bases of preparation of the pre-judicial report are determined by the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine).

II. Procedure for creation of the pre-judicial report

1. In day of receipt of determination of court about creation of the pre-judicial report concerning the person accused (further - determination of court) the head of body of probation charges to the staff representative of body of probation preparation of the pre-judicial report.

2. In case of removal (rejection) of the staff representative of body of probation to which the corresponding order was provided in the presence of circumstances and according to the procedure, certain Code of Criminal Procedure of Ukraine, and also emergence of other circumstances which make impossible preparation of the pre-judicial report by the staff representative of body of probation the head of body of probation charges preparation of the pre-judicial report to other staff representative of body of probation.

The person accused is informed on change of the staff representative of body of probation to which preparation of the pre-judicial report is charged.

3. In day of receipt of the judgment the staff representative of body of probation registers it in register of persons concerning whom it is received the judgments about creation of the pre-judicial report (appendix 1) and opens case on materials of the pre-judicial report (appendix 2) concerning the person accused. All documents which are created in the course of preparation of the pre-judicial report are filed on materials of the pre-judicial report concerning the person accused.

4. No later than the day following behind day of receipt of the judgment, to the person accused the challenge goes to body of probation (appendix 3) for conversation.

The challenge in body of probation can be also handed personally on preparatory judicial session if the staff representative of body of probation was present at it by the invitation of court.

5. For conversations by preparation of the pre-judicial report the person accused is called in body of probation (if necessary). About each next meeting the staff representative of body of probation hands (sends) to the person accused separate challenge to body of probation.

6. In arrival time on the first challenge to body of probation the person accused is told:

purpose, procedure for preparation and use of the pre-judicial report;

its rights and obligation by preparation of the pre-judicial report;

date of giving in court of the pre-judicial report.

During the conversation the person accused gets acquainted with information on procedure for creation of the pre-judicial report (appendix 4) under list, and also becomes clear availability or lack of the bases determined by the Code of Criminal Procedure of Ukraine for removal of the staff representative of body of probation to which preparation of the pre-judicial report is charged.

7. The oral information obtained from the person accused is drawn up by the staff representative of body of probation in writing with which the person accused gets acquainted under list.

Information on the person accused from the companies, organizations, the organizations or bodies authorized by them, citizens who can provide such information turns out the staff representative of body of probation by the direction of requests or in case of personal meeting.

8. If the place of residence/stay of the person accused (or place of employment, studies, etc.) is outside territorial jurisdiction of body of probation which received determination of court about creation of the pre-judicial report, such division sends inquiry for provision of documents (appendix 5) in relevant organ of probation.

The body of probation which received request takes measures for preparation of necessary documents and the direction them in body of probation which sent inquiry, to the time specified in request.

9. The staff representative of body of probation visits without special permission of the place of pre-trial detention if the measure of restraint in the form of detention is applied to the person accused.

During visit of the place of pre-trial detention the staff representative of body of probation has the right to get acquainted with materials of the personal record of the person accused, to obtain from personnel of the place of pre-trial detention other information and the documents necessary for creation of the pre-judicial report.

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