of February 18, 1992 No. 2135-XII
About operational search activities
Task of operational search activities are search and fixing of actual data about illegal acts of individuals and groups, responsibility for which is provided by the Criminal code of Ukraine, prospecting subversive activities of special services of foreign states and the organizations for the purpose of suppression of offenses and for the benefit of criminal trial, and also receipt of information for the benefit of safety of citizens, society and the state.
Operational search activities are system of the vowels and secret search and counterprospecting measures performed using operational and operating-technical means.
The legal basis of operational search activities the Constitution of Ukraine, this Law, Criminal, Criminal procedural, Tax and Customs codes of Ukraine, the laws of Ukraine "About prosecutor's office", "About National police", "About National anti-corruption bureau of Ukraine", "About the State bureau of investigations" constitute, Bureau of economic safety of Ukraine, "About security service", "About the State Border Service of Ukraine", "About the Public criminal and executive service of Ukraine", "About the state protection of public authorities of Ukraine and officials", "About the status of judges", "About safety of persons participating in criminal trial", "About the state protection of employees of court and law enforcement agencies", other legal acts and international legal agreements and agreements which participant is Ukraine.
Operational search activities are based on the principles of supremacy of law, legality, observance of human rights and freedoms.
Operational search activities are performed by operational divisions:
National police - divisions of criminal and special police;
The state bureau of investigations - operational, operating-technical, internal control, ensuring personal security;
The Security Service of Ukraine - operational divisions of the Central management, regional bodies and bodies of military counterintelligence;
Services of foreign intelligence of Ukraine - agential investigation, operating-technical, personal security;
The State Border Service of Ukraine - prospecting body of the central executive body realizing state policy in the field of protection of frontier (agential investigation, operating-technical, own safety), divisions of ensuring internal security and own safety, operational documentation, operational search and operating-technical;
managements of the state protection - division of operational ensuring protection only for the purpose of safety of persons and objects concerning which the state protection is performed;
the paragraph of the eighth is excluded according to the Law of Ukraine of 28.01.2021 No. 1150-IX
bodies and organizations of execution of punishments and pre-trial detention centers of the Public criminal and executive service of Ukraine;
prospecting body of the Ministry of Defence of Ukraine - operational, operating-technical, personal security;
The paragraph is excluded according to the Law of Ukraine of 04.07.2013 No. 406-VII;
National anti-corruption bureau of Ukraine - detectives, operating-technical, internal control.
Carrying out operational search activities by other divisions of the specified bodies, divisions of other ministries, departments, the public, private organizations and persons is forbidden.
Bureau of economic safety - divisions of detectives, operating-technical divisions.
The cooperation in the field of operational search activities between the ministries, other central executive bodies, state bodies which part the operational divisions determined in article 5 of this Law both law-enforcement and special services of other states incorporating the relevant divisions are and also with the international law-enforcement organizations is performed according to the legislation of Ukraine, international treaties of Ukraine, and also constituent acts and rules of the international law-enforcement organizations which member is Ukraine.
The bases for carrying out operational search activities is:
1) availability of the sufficient information obtained in the procedure established by the law, the requiring check by means of investigation and search operations and means about:
- criminal offenses which prepare;
- persons preparing making criminal offenses;
- persons who disappear from bodies of pre-judicial investigation of the investigative judge, court or evade from serving of criminal penalty;
- persons it is unknown absent;
- prospecting subversive activities of intelligence agencies of foreign states, the organizations and individuals against Ukraine;
- to real threat of life, health, housing, property of employees of court and law enforcement agencies in connection with their office activities, and also persons who take part in criminal trial, members of their families and close relatives for the purpose of creation of necessary conditions for proper making of justice; the staff of prospecting bodies of Ukraine in connection with office activities of these persons, their close relatives, and also persons who confidentially cooperate or cooperated with prospecting bodies of Ukraine, and members of their families with the purpose of proper implementation of intelligence activities.
2) requests of authorized state bodies, organizations and organizations about check of persons in connection with their admission to state, secret and to work with nuclear materials and on nuclear installations, and also persons to whom permission to stay without maintenance in controlled and sterile areas, zones of limited access protected and critical parts of such zones of the airports is provided;
2-1) need of check of persons in connection with appointment to positions in prospecting bodies of Ukraine or attraction to confidential cooperation with such bodies, access for persons to prospecting secret;
3) cases, the stipulated in Article 17 Laws of Ukraine "About investigation";
4) availability of the generalized materials of the central executive body which realizes state policy in the field of the prevention and counteraction of legalization (washing) of the income gained in the criminal way, or to financing of terrorism received in the procedure established by the law.
The specified bases can contain in statements, messages of citizens, officials, public organizations, media, in written orders and resolutions of the investigator, instructions of the prosecutor, resolutions of the investigative judge, court, materials of law enforcement agencies, in requests and messages of law enforcement agencies of other states and international law-enforcement organizations, and also requests of the authorized state bodies, organizations and organizations determined by the Cabinet of Ministers of Ukraine about check of persons in connection with their admission to the state secret, to work with nuclear materials and on nuclear installations.
It is forbidden to make the decision on carrying out operational search measures in the absence of the bases provided in this Article.
The divisions performing operational search activities shall:
1) within the powers according to the laws constituting the legal basis of operational search activities to apply necessary operational search measures for the prevention, timely identifications and the terminations of criminal offenses and to identification of the reasons and conditions promoting making of criminal offenses to perform prevention of offenses;
2) to carry out written orders of the investigator, specifying of the prosecutor and the resolution of the investigative judge of court and requests of authorized state bodies, organizations and organizations about conducting investigation and search operations;
To carry out 3) within the competence requests of law enforcement agencies of other states or international law-enforcement organizations according to the legislation of Ukraine, international treaties of Ukraine, and also constituent acts and rules of the international law-enforcement organizations which member is Ukraine;
4) to inform the relevant state bodies on the facts and data known for it testimonial of safety hazard of society and state, and also on the violations of the law connected with office activities of officials;
5) to perform interaction among themselves and other law enforcement agencies, including relevant organs of foreign states and the international anti-terrorist organizations for the purpose of the bystry and complete prevention, identification and the termination of criminal offenses;
6) to ensure with involvement of other divisions safety of employees of court and law enforcement agencies, the persons giving help, promoting operational search activities, persons participating in criminal trial, members of their families and close relatives of these persons;
In case of identification of signs criminal offenses the operational division performing operational search activities shall direct instantly collected materials in which actual data about illegal acts of individuals and groups, responsibility for whom is provided by the Criminal code of Ukraine, to relevant organ of pre-judicial investigation for a start and implementation of pre-judicial investigation according to the procedure, provided by the Criminal Procedure Code of Ukraine, are fixed.
If signs criminal offenses are revealed during conducting investigation and search operations which continue and which termination can negatively affect results of criminal proceedings, the division performing operational search activities reports in relevant organ of pre-judicial investigation and to the prosecutor about identification of signs criminal offenses, finishes holding operational search action then directs collected materials in which actual data about illegal acts of individuals and groups, responsibility for which is provided by the Criminal code of Ukraine, in relevant organ of pre-judicial investigation, are fixed.
Operational divisions of the State bureau of investigations, National police, the Security Service of Ukraine, Bureau of economic safety of Ukraine, the Public criminal and executive service of Ukraine, the State Border Service of Ukraine, the State Customs Service of Ukraine, carry out investigative (search) actions and secret investigative (search) actions in the criminal proceedings at the request of the investigator, the investigator, the prosecutor according to the procedure provided by the Criminal Procedure Code of Ukraine. The written orders concerning carrying out investigators (search) and secret investigative (search) actions provided by the investigator, the investigator, the prosecutor within competence and in accordance with the established procedure are obligatory for accomplishment by operational division.
Operational divisions for task performance of operational search activities in the presence of stipulated in Article the 6th this Law of the bases are granted the right:
1) to interview persons in their consent, to use their voluntary help;
2) to carry out controlled delivery and controlled and operational purchase of the goods, objects and substances including prohibited for the address at physical persons and legal entities irrespective of pattern of ownership for the purpose of identification and documentation of the facts of illegal acts. Carrying out controlled delivery, controlled and operational purchases, is performed according to provisions of Article 271 of the Criminal Procedure Code of Ukraine according to the procedure, the determined regulatory legal acts of the Ministry of Internal Affairs of Ukraine, Bureau of economic safety of Ukraine, the Security Service of Ukraine approved with Office of the Attorney-General and registered in the Ministry of Justice of Ukraine;
3) to raise in the procedure established by the law the question of conducting checks of financial and economic activities of the companies, organizations, organizations irrespective of pattern of ownership and persons who are engaged in business activity or other types of economic activity individually and to take part in their carrying out. Such right belongs only to bodies of Bureau of economic safety of Ukraine and National anti-corruption bureau of Ukraine within their competence;
4) to get acquainted with the documents and data characterizing activities of the companies, organizations and organizations, to study them at the expense of means which are allocated for maintenance of the divisions performing operational search activities to produce copies from such documents upon the demand of heads of the companies, organizations and the organizations, - is exclusive in the territory of such companies, organizations and the organizations, and with the permission of the investigative judge according to the procedure, provided by the Criminal Procedure Code of Ukraine, - to request the documents and data characterizing activities of the companies, organizations, organizations, and also conduct of life of the individuals suspected of preparation or making of criminal offense, source and the sizes of their income with leaving of copies of such documents and inventories of the withdrawn documents to persons at whom they are requested, and ensuring their safety and return in accordance with the established procedure. Withdrawal of originals of source financial and economic documents is forbidden, except the cases provided by the Criminal Procedure Code of Ukraine;
5) to perform operations on taking of persons who committed criminal offense, suppression of criminal offenses, prospecting subversive activities of intelligence agencies of foreign states, the organizations and individuals;
6) to visit residential and other rooms in case of the consent of their owners or residents for clarification of circumstances of crime which prepares, and also to collect data on unlawful activity of persons concerning which check is performed;
7) secretly to reveal and fix traces of heavy or especially serious crime, documents and other objects which can be proofs of preparation or making of such crime, including by penetration and inspection of publicly unavailable places, housing or other ownership of person, according to provisions of Article 267 of the Criminal Procedure Code of Ukraine;
7-1) for the purpose of identification and fixing of the actions provided by the code of Ukraine to perform operations with controlled making of the corresponding acts. The procedure for receipt of permission, term of its action and procedure for carrying out transaction on controlled making of corruption act are determined by the Criminal Procedure Code of Ukraine;
8) to perform special task on disclosure of criminal activities of organized group or the criminal organization according to provisions of Article 272 of the Criminal Procedure Code of Ukraine;
9) to perform audio-, video control of person, removal of information of electronic communication networks, electronic information networks according to provisions of Articles 260, 263 - 265 Criminal Procedure Codes of Ukraine;
10) to impose arrest correspondence, to perform its viewing and dredging according to provisions of Articles 261, 262 Criminal Procedure Codes of Ukraine;
11) to perform observation of face, thing or the place, and also audio-, video control of the place according to provisions of Articles 269, 270 Criminal Procedure Codes of Ukraine;
12) to perform establishment of the location of radio-electronic means according to provisions of Article 268 of the Criminal Procedure Code of Ukraine;
To have 13) public and secret regular and freelance employees;
14) to use confidential cooperation according to provisions of Article 275 of the Criminal Procedure Code of Ukraine;
To receive 15) from legal entities or physical persons free of charge or for remuneration information on criminal offenses which prepare or are made, and about safety hazard of society and state;
To use 16) in case of the consent of administration service premises, vehicles and other property of the companies, organizations, organizations, and also in case of the consent of persons - housing, other rooms, vehicles and property, it belonging;
17) to create and use previously identified (noticed) or artificial (imitating) means according to provisions of Article 273 of the Criminal Procedure Code of Ukraine;
18) to create and apply the automated information systems;
19) to apply means of physical influence, special means and firearms on the bases and according to the procedure, established by the laws on National police, the Security Service of Ukraine, the State Border Service of Ukraine, the state protection of public authorities of Ukraine and officials by the Customs code of Ukraine;
20) to make within the powers inquiries in law enforcement agencies of other states and the international law-enforcement organizations according to the legislation of Ukraine, international treaties of Ukraine, and also constituent acts and rules of the international law-enforcement organizations which member is Ukraine.
Carrying out the criminal analysis is direct to carry out or initiate 21).
Decision making about conducting investigation and search operations, provision and consideration of the corresponding petitions, conducting investigation and search operations, fixation and use of their results, holding these actions to the resolution of the decision of the investigative judge and other questions of their carrying out, are regulated according to provisions of Chapter 21 of the Criminal Procedure Code of Ukraine taking into account the features established by this Law concerning the purpose of conducting investigation and search operations, the subject initiating and holding these actions, reasons for the petition for their carrying out and reasons for its satisfaction with the investigative judge, use of results of the investigation and search operations and other questions caused by specifics of the purpose of their carrying out. Decision making about conducting the investigation and search operations which are not requiring permission of the investigative judge or the decision of the prosecutor is performed by the head of the relevant operational division or its deputy with the message on the made decision of the prosecutor.
Secret inspection of publicly unavailable places, housing or other ownership of person, audio-, video control of person, audio-, video control of the place of observation of person, removal of information of electronic communication networks, electronic information networks, seizure of correspondence, implementation of its overview and dredging, establishment of the location of radio-electronic means, are carried out based on the resolution of the investigative judge decided according to the petition of the head of the relevant operational division or its deputy approved with the prosecutor. These actions are applied only for the purpose of prevention of making of heavy or especially serious crime, prevention and the termination of acts of terrorism and other encroachments of special services of foreign states and the organizations if otherwise it is impossible to obtain information.
The part four is excluded according to the Law of Ukraine of 17.09.2020 No. 912-IX
Employees of other divisions can be involved in accomplishment of personal errands during operational search activities.
During execution of the tasks of operational search activities connected with the termination of the criminal offenses carried by the law to competence of Bureau of economic safety of Ukraine according to the Criminal Procedure Code of Ukraine, the rights provided by this Article are provided only to divisions of detectives, operating-technical divisions of Bureau of economic safety of Ukraine within their competence.
Coordination of actions concerning realization of the rights of the divisions which are carrying out operational search activities for the purpose of fight against terrorism is performed by the Security Service of Ukraine.
Prospecting bodies of Ukraine are granted the rights provided by part one of this Article except Items 2, of 3, of 5, of 6, and also Item 7 regarding secret identification and fixation of traces of heavy or especially serious crime, documents and other objects which can be proofs of preparation or making of such crime.
In each case of availability of the bases for carrying out operational search activities operational search case is opened. The resolution on institution of such case is subject to approval of National police by the chief of body or the chief of separate division of territorial authority of National police, body of the Security Service of Ukraine, operational division of body of the State bureau of investigations, the State Border Service of Ukraine, protection of management officials, Services of foreign intelligence of Ukraine, the Director of Bureau of economic safety of Ukraine or the head of territorial administration of Bureau of economic safety of Ukraine, organization of execution of punishments or the pre-trial detention center, prospecting body of the Ministry of Defence of Ukraine, prospecting body the central executive body which realizes state policy in the field of protection of frontier, divisions of National anti-corruption bureau of Ukraine.
Control of operational search activities is exercised by National police, Bureau of economic safety of Ukraine, the Security Service of Ukraine, the State bureau of investigations, Service of foreign intelligence of Ukraine, the central executive body which realizes state policy in the field of protection of frontier, Management of the state protection of Ukraine, the central executive body which provides forming and realizes state policy in the field of execution of criminal penalties and probation, prospecting body of the Ministry of Defence of Ukraine, National anti-corruption bureau of Ukraine.
On person who is suspected of preparation for crime execution disappears from bodies of pre-judicial investigation, court or evades from serving of criminal penalty, missing only one operational search case is processed. Without institution of operational search case carrying out operational search measures, except the case provided by part four of this Article is forbidden. About institution of operational search case the decree which affirms the chief or the authorized deputy chief of body of National police or the chief of separate division of territorial authority of National police, division of National anti-corruption bureau of Ukraine, body of the Security Service of Ukraine, the Director of the State bureau of investigations or his authorized deputy, the head of territorial authority or its authorized deputy, the State Border Service of Ukraine, Management of the state protection of Ukraine, prospecting body of the Ministry of Defence of Ukraine, Service of foreign intelligence of Ukraine, the Director of Bureau of economic safety of Ukraine or his authorized deputy, the head of territorial authority or its authorized deputy, body or organization of execution of punishments or the pre-trial detention center is issued. In the resolution the place and time of its creation, position of person which issued the decree, its surname, the basis and the purpose of institution of operational search case are specified. About institution of operational search case for days it is in writing reported to the prosecutor.
When checking persons in connection with their admission to the state secret, to work with nuclear materials and on nuclear installations, in connection with appointment to positions in prospecting bodies of Ukraine or attraction to confidential cooperation with such bodies, access for persons to prospecting secret, and also persons to whom permission to stay without maintenance in controlled and sterile areas is provided zones of limited access which are protected, and critical parts of such zones of the airports, operational search case is not opened. Such check shall last no more than two months.
When implementing operational search activities violation of human rights and freedoms and legal entities is not allowed. Separate restrictions of these rights and freedoms have exceptional and temporary nature and preventions or the terminations of heavy or especially serious crime and in cases, stipulated by the legislation Ukraine, for the purpose of protection of the rights and freedoms of other persons, safety of society can be applied only according to the decision of the investigative judge for the purpose of identification.
In the presence of good causes the head of the relevant operational division who bears responsibility for legality of the performed measures according to the current legislation grants permission for carrying out operational search activities.
In case of application of operational search measures employees of operational divisions shall consider their compliance to degree of public danger of criminally illegal encroachments and threat to interests of society and state.
In cases of violation of human rights and freedoms or legal entities in the course of implementation of operational search activities and also if participation in offense of person concerning which investigation and search operations were performed did not prove to be true, the Security Service of Ukraine, the State bureau of investigations, National police, the central executive body which realizes state policy in the field of protection of frontier Management of the state protection of Ukraine, Bureau of economic safety of Ukraine, the central executive body providing forming and realizes state policy in the field of execution of criminal penalties and probation, prospecting body of the Ministry of Defence of Ukraine, prospecting body, the central executive body which realizes state policy in the field of protection of frontier, Service of foreign intelligence of Ukraine, Instantly violated rights shall recover national anti-corruption bureau of Ukraine and pay the caused material and moral damages in full.
Citizens of Ukraine and other persons have the right in the procedure established by the law to receive from bodies to which implementation of operational search activities is assigned, written explanation concerning restriction of their rights and freedoms and to appeal these actions.
It is forbidden to transfer and disclose data on security measures and protected persons, or such which can damage to consequence or interests of the person, safety of Ukraine. It is forbidden to promulgate or provide the collected information, and also information concerning carrying out or not carrying out rather certain person of operational search activities before decision making by results of such activities. The question of promulgation or provision of such information after decision making is regulated by the law.
The divisions using the automated information systems in operational search activities shall provide opportunity to issue data on person on request of bodies of pre-judicial investigation, prosecutor's office, court. In storage locations of information its reliability and reliability of protection shall be guaranteed.
The data received as a result of operational search activities concerning private life, honor, advantage of the person if they do not contain information on making of the actions prohibited by the law, are not subject to storage and shall be destroyed. The data received as a result of operational search activities on preparation for acts of terrorism or their making by individuals and groups, are stored up to 5 years.
Results of operational search activities which according to the legislation of Ukraine represent the state secret, and also data concerning private life, honor, advantage of the person are not subject to transfer and disclosure. For transfer and disclosure of these data employees of operational divisions, and also persons to whom these data were entrusted when implementing operational search activities or became known on service or work are subject to responsibility according to the current legislation, except cases of disclosure of information on the illegal actions violating human rights.
The investigation and search operations connected with temporary restriction of human rights are conducted for the purpose of prevention of heavy or especially serious crimes, their identifications and the termination, search of persons which evade from serving of criminal penalty or were missing, protection of life, the health, housing and property of employees of court and law enforcement agencies and persons who are taking part in criminal trial, the terminations of prospecting subversive activities against Ukraine.
Observation of face, thing or the place, and also audio-, video control of the place can be carried out for the purpose of establishment of data on person and about its bonds in case there are facts, confirmatory that it heavy or especially serious crime, for receipt of the data specifying signs of such crime for the safety of employees of court and law enforcement agencies and persons who are taking part in criminal trial, members of their families and close relatives of these persons and also for the purpose of receipt of prospecting information for the benefit of safety of society and the state prepares.
It is forbidden to use the technical means, psychotropic, chemical and other substances oppressing will or doing harm to human health and the environment to receipt of information.
Conducting operational search cases is performed:
1) rather unidentified persons who prepare making of criminal offense and also persons who disappear from bodies of pre-judicial investigation, the investigative judge, court or evade from serving of criminal penalty, - before their establishment or search, but it is no more than prescriptive limits of criminal prosecution or prescriptive limits of execution of conviction;
2) it is excluded;
3) concerning persons, missing persons in case of special circumstances, including in connection with armed conflict, military operations, conflicts in the state or in connection with emergency situations of natural or technogenic nature or other events which can entail mass death of people, - before establishment of their place of stay, the place of burial or the location of remains
4) concerning persons, concerning which data on participation in preparation for making of criminal offense - before establishment and fixation of actual data about illegal acts, responsibility for which is provided by the Criminal code of Ukraine, but no more than six months;
5) No. 912-IX Is excluded according to the Law of Ukraine of 17.09.2020
6) concerning persons about whom there are data on their participation or participation in terrorist activities, terrorist group or the terrorist organization and it is equal to material, organizational or other assistance to creation of terrorist group or the terrorist organization, - up to 5 years.
In the presence of the data obtained during conducting operational search case on participation of person in preparation of heavy or especially serious crime the term of conducting case can be extended up to 12 months by the Chairman of National police or his authorized deputies, chiefs of departments of the office of the central governing body of National police, Central management of the Security Service of Ukraine, the Director of the State bureau of investigations or his authorized deputy, the Director of Bureau of economic safety of Ukraine or his authorized deputies, the head of territorial administration of Bureau of economic safety of Ukraine or his authorized deputies, to chiefs territorial (including interregional) bodies of National police or their authorized deputies, regional bodies and bodies of military counterintelligence of the Security Service of Ukraine, prospecting body, the central executive body, realizing state policy in the field of protection of frontier of Ukraine, territorial authorities of the central executive body realizing state policy in the field of protection of frontier, the Chairman of the State Border Service of Ukraine, the Chairman of Service of foreign intelligence of Ukraine, the Director of National anti-corruption bureau of Ukraine, the head of prospecting body of the Ministry of Defence of Ukraine or their deputies by the head of the structural unit of the Public criminal and executive service of Ukraine or his authorized deputy in coordination with the Attorney-General, his first deputy and deputies, the deputy attorney general - the head of Specialized anti-corruption prosecutor's office, his first deputy and deputies, heads of regional prosecutor's offices, their first deputies and deputies. Prolongation of term of conducting operational search case within which the events provided by part four of article 8 of this Law and Item 6 parts two of article 7 of the Law of Ukraine "About counterintelligence activities" are held is performed without approval of the prosecutor.
Further continuation of term of conducting operational search case, but no more as up to 18 months, can be performed by the Chairman of National police, the Chairman of the Security Service of Ukraine, the Director of the State bureau of investigations, the Director of National anti-corruption bureau of Ukraine, the Director of Bureau of economic safety of Ukraine, and also the Chairman of the State Border Service of Ukraine, the Chairman of Service of foreign intelligence of Ukraine, the head of prospecting body of the Ministry of Defence of Ukraine and the head of department of the state protection of Ukraine in coordination with the Attorney-General or his deputy, the Deputy General prosecutor-head of Specialized anti-corruption prosecutor's office. Prolongation of term of conducting operational search case within which the events provided by part four of article 8 of this Law and Item 6 parts two of article 7 of the Law of Ukraine "About counterintelligence activities" are held is performed without approval of the prosecutor.
Prolongation of terms of conducting operational search cases in the relation of the foreigners and persons without citizenship suspected of prospecting subversive activities, preparation or making of act of terrorism against Ukraine is performed over 18 months by the Chairman of the Security Service of Ukraine, the Chairman of Service of foreign intelligence of Ukraine, the Chairman of the State Border Service of Ukraine, the head of prospecting body of the Ministry of Defence of Ukraine the head of body of the Public criminal and executive service of Ukraine or his authorized deputy in coordination with the Attorney-General.
Calculation of term of conducting operational search case begins from the date of approval of relevant organ by the chief or its deputy of the resolution on institution of case and comes to an end in day of approval of the resolution on closing of operational search case.
Calculation of term can stop if person concerning whom operational search case is opened temporarily was disposed out of limits of Ukraine or was also seriously ill opportunity to carry out concerning its operational search activities is absent.
About the termination and renewal of calculation of term of conducting operational search case the motivated decree which affirms the chief of relevant organ or its deputy is issued.
Operational search case shall be closed in case:
1) search of person disappearing from bodies of pre-judicial investigation, the investigative judge, the court evading from serving of criminal penalty, and also person it is unknown absent;
2) introductions in legal force of sentence or determination of court;
3) closing of criminal proceedings by the investigator, prosecutor or court;
4) completion, counterprospecting actions or exhaustion of opportunities for their implementation;
5) confutations in accordance with the established procedure materials about criminally unlawful activity of person;
6) departure of person on the permanent residence out of limits of Ukraine if carrying out concerning its operational search measures is impossible;
7) not establishments in the terms of the data specifying signs of criminal offense in actions of person provided by this Law;
8) identifications by the prosecutor illegally the opened case in accomplishment case on it of operational search measures;
9) the death of person concerning whom operational search case is opened.
About closing of operational search case the motivated resolution which affirms official or the official who according to article 9 of this Law is granted the right to approve the resolution on institution of the corresponding operational search case is constituted. About closing of operational search case in three-day time it is in writing reported to the corresponding prosecutor who within 10 days from the moment of receipt of the message checks compliance with laws during operational search activities for this case. Before completion of such check destruction of operational search case is forbidden. If on such case investigation and search operations by a court decision were performed, the message on its closing is sent also to this court in three-day time.
Storage durations of the closed operational search cases are established according to the legislation of Ukraine.
Materials of operational search activities are used:
1) as occasions and bases for pre-judicial investigation;
2) for receipt of actual data which can serve as proofs in criminal proceedings;
3) for the prevention, identifications, suppression and investigation of criminal offenses, prospecting and blasting encroachments against Ukraine, search of persons who made criminal offense and persons, missing persons;
4) for the safety of employees of court, law enforcement agencies and persons participating in criminal trial, members of their families and close relatives, and also the staff of prospecting bodies of Ukraine and their close relatives, persons confidentially cooperating or cooperating with prospecting bodies of Ukraine and members of their families;
5) for mutual informing divisions, authorized to perform operational search activities, and other law enforcement agencies;
6) for informing state bodies according to their competence.
Public authorities, the companies, organizations, the organizations irrespective of pattern of ownership shall assist operational divisions in the solution of tasks of operational search activities.
At the request of persons their cooperation with operational division can be drawn up by the written agreement with guaranteeing confidentiality of cooperation. The agreement on assistance to operational divisions in operational search activities can be signed with capable person. The procedure for agreement signature is determined by the Cabinet of Ministers of Ukraine.
Persons involved in accomplishment of tasks of operational search activities shall keep the secret which became to them known. Disclosure of this secret attracts responsibility by the current legislation, except cases of disclosure of information on the illegal actions violating human rights.
It is forbidden to involve in accomplishment of operational search tasks of persons which professional activity is connected with preserving professional secrecy, namely: lawyers, notaries, health workers, priests, journalists if such cooperation is connected with disclosure of confidential information of professional nature.
The guarantees of legal and social protection provided by the laws of Ukraine on these bodies extend to the workers performing operational search activities.
Additional benefits concerning social and financial provision according to the procedure, established by the Cabinet of Ministers of Ukraine are provided to the workers performing operational search activities.
In the presence of data on threat of life, to health or property of the worker and his close relatives in connection with implementation of operational search activities by him for the benefit of safety of Ukraine, or on identification of heavy and especially serious crime, or exposure of organized criminal group the operational division shall take special measures for ensuring their safety - change of data on person, change of the residence, work and study, other data according to the procedure determined by the Cabinet of Ministers of Ukraine.
The employee of operational division who did harm to the rights, human freedoms, interests of the state when implementing operational search activities does not bear responsibility, being in condition of justifiable defense, emergency or professional risk, and also in connection with detention of person in which actions there are signs of criminal offense.
Person involved in accomplishment of tasks of operational search activities is under protection of the state.
The cooperation of person with operational division is set off in its general working life in case of the conclusion with it the labor agreement. If in connection with execution by such person of tasks of operational search activities there came his disability or death, the privileges provided in such cases for employees of operational divisions extend to it.
In case of threat of life, to health or property of person involved in accomplishment of tasks of operational search activities, its protection is provided according to the procedure, provided by part three of article 12 of this Law.
Supervision of compliance with laws when carrying out operational search activities is exercised by the Attorney-General, his deputies, heads of regional prosecutor's offices, their first deputies and deputies, and also authorized by the order of Office of the Attorney-General authorized by the order of the deputy attorney general - the head of Specialized anti-corruption prosecutor's office prosecutors of Specialized anti-corruption prosecutor's office prosecutors of Office of the Attorney-General and prosecutors of the relevant regional prosecutor's offices authorized by the order of the head of regional prosecutor's office.
The head of district prosecutor's office, and also prosecutors of the relevant district prosecutor's office authorized by its order exercise supervision of compliance with laws when carrying out operational search activities in the operational search cases opened by persons under surveillance it territorial operational subdivisions of law enforcement agencies.
The prosecutor within the competence:
1) freely enters all premises of the bodies which are carrying out operational search activities;
2) requires for verification of the order, the instruction, orders and other acts on operational search activities, operational search cases, registration, accounting, reporting, statistical, analytical documents and other data on implementation of operational search measures;
3) is charged to heads of relevant organs by carrying out in divisions of checks subordinated to them for the purpose of elimination of violations of the law;
4) gives written instructions about conducting investigation and search operations for the purpose of the prevention and identification of criminal offenses about search of persons disappearing from the bodies of pre-judicial investigation, the investigative judge, court evading from serving of criminal penalty it is unknown absent;
5) agrees to prolongation of term of carrying out operational search activities;
6) receives explanations about violations of requirements of the law from officials of the bodies which are carrying out operational search activities;
7) checks claims to violations of the laws by the bodies which are carrying out operational search activities with acquaintance in necessary cases with operational search materials;
8) repeals illegal resolutions on institution or closing of operational search case, suspension or renewal of operational search activities or on other decisions contradicting the law;
9) takes measures for elimination of violations of legality when carrying out operational search activities and for involvement of guilty persons to the responsibility established by the law;
10) is protested by the illegal court order about permission or refusal to carrying out operational search measures. Bringing of protest stops carrying out operational search measures for which it is granted permission by court.
Information about the persons confidentially cooperating or cooperating with prospecting body of Ukraine, belonging of particular persons to personnel structure of prospecting bodies, and also "forms methods and means of intelligence activities and organizational and regular structure of prospecting bodies does not belong to subject of public prosecutor's supervision.
President of Ukraine
L. Kravchuk
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You also may open the section Frequently asked questions. This section provides answers to questions set by users.