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LAW OF UKRAINE

of December 1, 1994 No. 264/94-BP

About administrative supervision of persons exempted from places of detention

(as amended on 17-06-2020)

This Law determines conditions and procedure for establishment and implementation of administrative supervision of separate categories of ex-convicts and their obligation.

 Section 1 General provisions

Article 1. Concept of administrative supervision

Administrative supervision is system of temporary enforcement preventive measures of observation and control of behavior of the individuals exempted from the places of detention performed by bodies of National police.

Article 2. Tasks of administrative supervision

Administrative supervision is established for the purpose of the prevention of making of criminal offenses by the individuals exempted from places of detention and implementation of educational impact on them.

Article 3. Persons concerning whom administrative supervision is established

Administrative supervision is established concerning full age persons:

b) convicts to imprisonment for heavy, especially serious crimes or convicts two and more times to imprisonment for intentional crimes if in term of imprisonment their behavior demonstrated their persistent unwillingness to follow way of correction and remain dangerous to society;

c) convicts to imprisonment for heavy, especially serious crimes or convicts two and more times to imprisonment for intentional crimes if they after serving sentence or parole from serving sentence, despite preventions of bodies of National police, systematically disturb the public peace and the rights of other citizens, make other offenses;

d) convicts to imprisonment for one of the crimes connected with drug trafficking, psychotropic substances and precursors.

d) convicts to imprisonment for crime against sexual freedom and sexual integrity of juvenile person.

Section 2 Procedure for Establishment, implementation and termination of administrative supervision

Article 4. The bases for establishment of administrative supervision

The bases for establishment of administrative supervision are:

a) the court verdict which took legal effect - concerning persons specified in the Items "g" and "ґ" article 3 of this Law;

b) materials of organizations of execution of punishments - concerning persons specified in the Item of article 3 of this Law;

c) materials of bodies of National police - concerning persons specified in the Item "in" of article 3 of this Law.

Article 5. Procedure for establishment of administrative supervision

Administrative supervision is established:

concerning persons specified in the Items, "g" and "ґ" article 3 of this Law - in judicial session solely the judge district, district in the city, city and gorrayonny court on the location of organization of execution of punishments on representation of the chief of organization of execution of punishments;

concerning persons specified in the Item "in" of article 3 of this Law - in judicial session solely the judge district, district in the city, city and gorrayonny court on residence of person exempted from places of detention on representation of the chief of body of National police.

In representation restrictions which the chief of organization of execution of punishments or the chief of body of National police concerning behavior of the person under surveillance, and reasons for feasibility of such measures suggests to establish based on article 10 of this Law respectively shall be determined.

Together with representation the copy of sentence and materials testimonial of need of establishment of administrative supervision of the corresponding person are taken to court.

In judicial meetings person concerning whom idea of establishment of administrative supervision is brought, and according to its petition - and the defender, and also the representative of body which chief brought representation is called.

Consideration of question begins the report on content of representation and the materials which arrived together with it then explanations of persons which were in judicial session are heard.

After consideration of the case the judge leaves to the consultative room for decision making then returns to assembly hall and announces the resolution on establishment of administrative supervision and restrictions which are set concerning behavior of the person under surveillance.

The judge's ruling can be appealed in the procedure established by the law.

The judge's ruling goes for execution to the chief of body of National police of Ukraine at the place of residence of person concerning which supervision is established, and in the cases provided by the Items, "g" and "ґ" article 3 of this Law - to the chief of organization of execution of punishments.

The administration of organization of execution of punishments sends the judge's ruling for execution to body of National police for the residence elected by the person under surveillance in day of its release.

Article 6. Term of administrative supervision

Administrative supervision is established in the procedure determined by article 5 of this Law by term from one to two years and cannot exceed the terms provided by the law for repayment or removal of criminal record. For persons specified in the Item "g" of article 3 of this Law, administrative supervision is established for a period of up to repayment of criminal record.

In case there is basis to consider that person concerning whom administrative supervision is established remains dangerous to society, administrative supervision on representation of relevant organ of National police can be prolonged in the procedure determined by this Law every time for six months, but no more than the term provided by the law for repayment or removal of criminal record.

The term of administrative supervision begins from the date of announcement to person of the judge's ruling on establishment of administrative supervision.

Article 7. Procedure of administrative supervision

Administrative supervision is exercised by militia. Persons concerning whom administrative supervision is established are registered, photographed, and if necessary take fingerprints from them. Employees of militia shall control systematically behavior of these persons, prevent violations of public order and the rights of other citizens by them and to stop them, to carry out search of persons evading from administrative supervision.

Article 8. Procedure for the termination of administrative supervision

Administrative supervision stops the judge's ruling on representation of the chief of body of National police:

a) in case of repayment or removal of criminal record from person which is under supervision;

b) ahead of schedule, if the person under surveillance stopped being dangerous to society and positively is characterized on place of employment and residence.

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