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Ministry of Justice of Ukraine
May 5, 2023
No. 748/39804
of May 4, 2023 No. 1599/5/840
About approval of Changes in some regulatory legal acts of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine
According to article 6 of Bases of the legislation of Ukraine About health protection, Article 116 of the Penitentiary code of Ukraine, Item 10 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 02, 2014 No. 228, of Item 8 of the Regulations on the Ministry of Health of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2015 No. 267 (in edition of the resolution of the Cabinet of Ministers of Ukraine of January 24, 2020 90), and for the purpose of enhancement of the procedure of fixing of bodily harms at the convicts and persons detained, we ORDER to No.:
1. Approve the enclosed Changes in some regulatory legal acts of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine.
2. To department of the public law () submit Kravchenko L. this order on state registration according to the Presidential decree of Ukraine of October 03, 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 within competence on deputy ministers according to distribution of obligations.
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Minister of Justice of Ukraine |
D. Malyuska |
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Minister of Health of Ukraine
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V. Lyashko
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It is approved: Director of the State bureau of investigations |
A. Sukhachev |
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Deputy attorney general |
V. Litvinova |
Approved by the Order of the Ministry of Justice of Ukraine and the Ministry of health protection of Ukraine of May 4, 2023 No. 1599/5/840
1. According to the procedure of interaction of healthcare institutions of the Public criminal and executive service of Ukraine with healthcare institutions for questions of delivery of health care to persons detained, No. 239/5/104, approved by the order of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine of February 10, 2012 registered in the Ministry of Justice of Ukraine on February 10, 2012 at No. 212/20525:
1) in Chapter II:
third Item 2.1 to state the paragraph in the following edition:
"In case of detection of injuries at person detained the health worker acts according to Item 2.11 of this Section.";
the fourth to exclude the paragraph;
add with new Item of the following content:
"2.11. In case of detection of injuries at person detained, the health worker who found such damages constitutes the reference in triplicate in which are in detail specified:
data (the written application, oral or written explanation of person detained concerning circumstances of receipt of bodily harms (date, time, the place of obtaining, methods of causing damages, the information about person (persons) which, (which), according to person detained caused them), and also other data on receipt of bodily harms);
the exhaustive description of the medical indicators characterizing the state of health of person detained nature of damages, their sizes and arrangement;
assumptions of the health worker considering the information provided by person detained and medical indicators, and also reasons for their ratio.
To the reference the health worker attaches photos of the available bodily harms of person detained. Two copies of the reference join materials of the personal record and form of primary accounting documentation No. 025/about "The medical record of the outpatient No. ___", approved by the Order No. 110, and the third copy is issued personally to person detained.
About the fact of detection of injuries at person detained the health worker instantly, but no later than 24 hours from the moment of identification of such damages by phone, e-mail and the written message informs the prosecutor and administration of the pre-trial detention center, and in cases when person detained reports that bodily harms are caused by faces of the private and/or the commanding structure of the Public criminal and executive service of Ukraine or employees of other law enforcement agencies, also - the State bureau of investigations. Information on the fact of detection of injuries is entered by managing medical part or health duty worker in register of the facts of detection of injuries at persons containing in the pre-trial detention center which form is given in appendix to this Procedure which is stored in the relevant healthcare institution of the Public criminal and executive service of Ukraine.";
Appendix to this Procedure to be reworded as follows 2) enclosed.
2. According to the procedure of the organization of delivery of health care by the convict to imprisonment, No. 1348/5/572, approved by the order of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine of August 15, 2014 registered in the Ministry of Justice of Ukraine on August 20, 2014 at No. 990/25767:
1) in Chapter 1 razdelaii:
the paragraph one of Item 3 after the words "health worker" to add with words" which found such damages";
in item 4:
shall be replaced with words the word "immediately" also in figures "instantly, but no later than 24 hours";
after words of "The public criminal and executive service of Ukraine" to add with the words "or employees of other law enforcement agencies";
2) in appendix 3 to this Procedure:
the column 9 after the words "directed information" to add with words ", surname, name, middle name (in the presence) the prosecutor who received the notification";
the column 10 after the words "directed information" to add with words ", surname, name, middle name (in the presence) the authorized employee of the State bureau of investigations which received the notification";
To add the note after words of "The public criminal and executive service of Ukraine" with the words "or employees of other law enforcement agencies".
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Director of the department of the public law of the Ministry of Justice of Ukraine
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L. Kravchenko
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Director of the department of medical services of the Ministry of health protection of Ukraine
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A. Mashkevich |
to the Order of interaction of institutions of health care of the Public criminal and executive service of Ukraine with healthcare institutions for questions of delivery of health care to persons detained (Item 2.11 of the Section II)
Register of the facts of detection of injuries at persons who keep
in _____________________________________________________
(name of the pre-trial detention center)
__________________ 20 ___ is begun years
__________________ 20 ___ is finished years
Inventory No. __________________
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№ payment order |
Date and time of detection of bodily harms |
Surname, name, middle name (in case of its availability) and birth date of person in whom bodily harms were found |
Circumstances of bodily harms (date, time, the place and other data from the reference) |
Surname (the name of position) of person (persons) who, according to person detained put it bodily harms |
Date, time, name and surname of the health worker inspecting person detained |
Nature, the sizes and the place of detection of bodily harms on body of person detained |
Date, time, name and surname of the prison governor (the duty assistant) who obtained information |
Date and time of the direction of data to the prosecutor, own name and surname of the health worker who directed data, surname, name, middle name (in case of its availability) the prosecutor who received the notification |
Date and time of the direction of data in the State bureau of investigations, own name and surname of the health worker who directed data, surname, name, middle name (in case of its availability) the authorized employee of the State bureau of investigations which received the notification * |
The taken measures and decision date by results of audit | |
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* It is filled in cases when person detained reports that bodily harms were put with faces of the private and/or the commanding structure of the Public criminal and executive service of Ukraine or employees of other law enforcement agencies.
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