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Ministry of Justice of Ukraine

February 8, 2017

No. 183/30051

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 8, 2017 No. 313/5

About approval of the Instruction on the organization of activities of investigative divisions of body of the Public criminal and executive service of Ukraine

(as amended of the Order of the Ministry of Justice of Ukraine of 17.04.2018 No. 1183/5)

According to the Law of Ukraine "About the central executive bodies", and for the purpose of enhancement of activities of bodies of preliminary inquiry, proper accomplishment of the legislation on criminal proceedings by them I order to the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228,:

1. Approve the Instruction on the organization of activities of investigative divisions of body of the Public criminal and executive service of Ukraine which is attached.

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. To impose control over the implementation of this order on the deputy minister Chernyshev D. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of February 8, 2017 No. 313/5

Instruction on the organization of activities of investigative divisions of body of the Public criminal and executive service of Ukraine

I. General provisions

1. The organization of work of investigative divisions of body of the Public criminal and executive service of Ukraine (further - investigative division) provides effective participation of investigators in protection of the personality, society and state from criminal offenses, protection of the rights, freedoms and legitimate interests of participants of criminal trial in the way:

implementation of consideration of the applications and messages on criminal offenses;

entering of the corresponding data on their making into the Unified register of pre-judicial investigations;

conducting comprehensive, complete and impartial pre-judicial investigation of the criminal offenses committed in the territory or in premises of the Public criminal and executive service of Ukraine (further - GUIS of Ukraine);

possibilities of application of timely measures on ensuring the indemnification caused criminal offenses.

2. Activities of investigators depending on operational situation in organizations of execution of punishments and pre-trial detention centers are performed on territorial and zone and/or to the linear principle.

3. The investigator performs procedural activities according to requirements of the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure). The investigator accepts all decisions on the direction of pre-judicial investigation and carrying out investigative (search) actions and secret investigative (search) actions independently, except as specified, when the law provides receipt of consent of the prosecutor, the investigative judge, court, and bears responsibility for their accomplishment.

4. Employees of other divisions of GUIS of Ukraine are forbidden by any method to interfere with procedural activities of investigators, including to request and check materials of criminal proceedings, to instruct or assessment to the proceeding decisions made by the investigator.

5. It is forbidden to involve investigators in accomplishment of the functions which are not connected with investigation of criminal offenses.

II. Planning, analytical, methodical and statistical work of bodies of preliminary inquiry and coordination of their activities

1. The organization of activities of investigative divisions is performed on the basis of planning, one-man management combination in the solution of questions of office activities and collective nature in case of their discussion, the personal responsibility of each worker for the state of affairs on the charged site of work.

2. Actions for the organization of investigative work are created in work plans and shall answer operational situation, the forecast of its development, requirements of the current legislation concerning tasks and functions of investigative divisions, to be accurately formulated, most concretized and real for accomplishment, and also secure financial, material and personnel resources. When forming actions plans it is necessary to determine terms of their accomplishment and executives in charge.

The plan for the next period shall be developed taking into account results of accomplishment of the previous plan and other earlier made decisions, to comprise the incomplete or postponed on terms of accomplishment actions, to determine the priority purposes and tasks.

3. Shall join in work plans of investigative divisions:

1) the complex measures directed to timely response to statements and messages on criminal offenses; ensuring immediate departure on places of incidents; improvement of interaction of investigative divisions with other law enforcement agencies of Ukraine in case of the prevention, identification and investigation of criminal offenses; creation of necessary conditions for successful accomplishment by investigators of the tasks assigned to them;

2) the specific measures directed to improvement of the organization of work of investigators; distribution and implementation of the best practices; increase in level of procedural control of activities of investigators; development and enhancement of tactics and technique of pre-judicial investigation of separate types of criminal offenses; application in practical activities of modern scientific methods, the criminalistic and organizational equipment; advanced training of investigators.

4. The investigator plans the work so that to provide timeliness of accomplishment of necessary investigative (search) actions and secret investigative (search) actions in all criminal procedures in which he makes pre-judicial investigation. For this purpose it constitutes the general calendar schedule of work in all criminal procedures, and also plans of investigation of each criminal proceedings.

5. Work plans, and also the documents testimonial of accomplishment of plan targets (copies of analytical documents, generalization, protocols of the operational meetings, certificates of results of checks, etc.), are stored in investigative division.

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