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LAW OF UKRAINE

of January 12, 2023 No. 2858-IX

About modification of the Criminal Procedure Code of Ukraine concerning protection of the rights and legitimate interests of the child in case of detention or detention of his parents or other legal representatives

The Verkhovna Rada of Ukraine decides:

1. Bring in the Criminal Procedure Code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2013, Art. No. No. 9-13, 88) the following changes:

Article 191 to add 1) with part nine of the following content:

"9. The authorized officer which detained person based on determination of the investigative judge, court about permission to detention shall report immediately about availability dependent on child's face which remains without parent guardianship, authorized division of bodies of National police and guardianship and custody body in the location of the child about the fact of leaving of the child without parent care and need of acceptance of urgent measures of rather temporary device of the child.

Article 194 to add 2) with part nine of the following content:

9. If during consideration of the petition for application of measure of restraint in the form of detention the investigative judge, court determines that in connection with application of the specified measure of restraint the child who is on content of the suspect, person accused will remain without parent guardianship, the investigative judge, court obliges the prosecutor to notify authorized division of bodies of National police and guardianship and custody body in the location of the child on the fact of leaving of the child without parent guardianship for acceptance of urgent measures of rather temporary device of the child, data on what are specified in the resolution on election of measure of restraint in the form of detention. The guardianship and custody body instantly after the temporary device of the child left without parent guardianship informs the investigator, the prosecutor, the investigative judge, court on the residence (stay) of the child. After receipt of such information the investigator, the prosecutor instantly notifies the suspect accused about the residence (stay) of the child";

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