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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 11, 2017 No. 449

About approval of the Procedure for carrying out psychophysiological research using polygraph in the State bureau of investigations

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 13.06.2018 No. 507)

According to the paragraph to the second "About the State bureau of investigations" the Cabinet of Ministers of Ukraine decides parts four of article 26 of the Law of Ukraine:

Approve the Procedure for carrying out psychophysiological research using polygraph in the State bureau of investigations which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 11, 2017, No. 449

Procedure for carrying out psychophysiological research using polygraph in the State bureau of investigations

General questions

1. This Procedure determines the basic principles, the directions, conditions, the organization of carrying out psychophysiological research using polygraph (further - research) in the State bureau of investigations (further - Bureau).

2. The terms used in this Procedure have the following value:

the certificate of results of research - the document in which written probable and approximate conclusions of the specialist of polygraph by results of research on questions of the facts, events, the phenomena which constitute the purpose and research problems are stated;

the initiator of research is the Director of Bureau, his deputies, heads of territorial authorities of Bureau of special divisions of Bureau, and also the employee of Bureau concerning which documentary confirmed doubts in truthfulness of information provided to them are pushed (in the presence of the written application about provision of voluntary consent to carrying out research for confutation of such doubts) (further - the initiator);

research materials - task for carrying out research, documents provided by the initiator, the list of tests and questions, poligramma, the statement for provision of voluntary consent to carrying out research, audio-and (or) videos, the certificate of results of research;

polygraph - technical multichannel (including the having channel of identification of counteraction) the registrar of psychophysiological reactions of the subject of research allowing to reveal and fix psychophysiological reactions of the subject of research to certain incentives (irritants) by transformation of its psychophysiological activity ratios from analog signals in digital signals which are displayed in the form of curves on poligramma;

psychophysiological research using polygraph - poll harmless to life and health of the person with use of the computer technical tool intended for registration of psychophysiological reactions during which the analysis of dynamics of the specified reactions of the subject of research in response to the psychological incentives provided in the form of possible answers, objects, schemes, photos, etc. that allows to reveal simulation is carried out and to provide the registered results in analog and/or digital form;

the specialist of polygraph - the employee of structural division of Bureau or in case of need the involved third-party specialist who knows state language has degree of "master" and got post-qualifying education according to programs of training of specialists of polygraph, and in the case provided by this Procedure, - has also the admission to the state secret;

the subject of research - the employee of Bureau or person applying for position assignment in the Bureaus which do not have medical contraindications for carrying out research and which is determined in task for carrying out research.

3. Persons applying for appointment to positions in Bureau go researches before revenues to service to Bureau. Employees of Bureau go researches at least once a year during service to Bureau.

Results of research are not the basis for decision making about refusal to person in holding the post, and are used by the subject of position assignment when holding interview with such person only as information of probable nature which promotes its assessment.

4. The basis for carrying out research are:

task for carrying out research (further - task) according to the directions determined in Items 15 and 16 of this Procedure;

the statement of the employee of the Bureau or person applying for position assignment in Bureau for provision of voluntary consent to carrying out research (appendix 1).

5. The research is conducted by specialists of polygraph. Structural divisions of Bureau submit to the director of Bureau concerning the organization of work with polygraph and use of results of research.

The third-party specialists having the admission to the state secret are involved in carrying out psychophysiological research using polygraph concerning persons having the admission to the state secret.

For the organization of such research information on availability/absence at person of the valid admission to the state secret person provides Bureau in the message with indication of surname, name, middle names and signatures.

6. The specialist of polygraph conducts researches on the basis of the Constitution of Ukraine, the Convention on human rights protection and fundamental freedoms, other international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, the Laws of Ukraine "About the State bureau of investigations", "About public service", "About the prevention of corruption", "About the state secret", "About cleaning of the power", "About information", "About personal data protection" and other regulatory legal acts.

7. The research is conducted according to the task received from the initiator (appendices 2 and 3), except cases when initiator is the subject of research. The initiator prepares and signs task then gives it through the division manager of internal control in which the research, on approval to the Director of Bureau will be conducted. If initiator is the subject of research, that task prepares, signs and the specialist of polygraph who will conduct researches submits for approval to the Director of Bureau.

The approved task is transferred to division of internal control of Bureau which conducts researches.

The task provided by the director of Bureau is not subject to approval.

If before appointment of person to position in Bureau there were doubts in truthfulness of information which is provided by this person, then it is possible to include clarification of the fact of truthfulness of such information in task, having added documents by which the specified doubts are confirmed.

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