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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of April 22, 2025 No. 1102/5

About approval of Changes in the Procedure for creation of the pre-judicial report

According to Articles 72-1, 314-1 of the Criminal Procedure Code of Ukraine, article 9 of the Law of Ukraine "About probation", the paragraph of third Item 2 of the resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 to No. 731 "About approval of the Regulations on state registration of regulatory legal acts of the ministries and other executive bodies", 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, I ORDER:

1. Approve Changes in the Procedure for creation of the pre-judicial report approved by the order of the Ministry of Justice of Ukraine of January 27, 2017 No. 200/5, registered in the Ministry of Justice of Ukraine on January 27, 2017 at No. 121/29989, which are applied.

2. To department of the public law (Gorbatyuk R.) to submit 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 on the deputy minister of justice of Ukraine Pikalov E.

Approved by the Order of the Ministry of Justice of Ukraine of April 22, 2025 No. 1102/5

Changes in the Procedure for creation of the pre-judicial report

1. In the Section II:

Item 1 to add 1) with the new paragraph of the following content:

"The judgment in electronic form turns out by means of the Unified register of the convicts and persons detained as a result of information exchange with information systems of Public judicial administration of Ukraine and/or using Single judicial information and communication system, or its separate subsystem (module) providing exchange of documents according to the procedure, determined by Public judicial administration of Ukraine and the Ministry of Justice of Ukraine.";

2) Item 3:

after the words "concerning the person accused" to add with the words "also are brought in the corresponding subsystem of the information and analytical block of the Unified register of the convicts and persons detained";

add with new paragraphs of the following content:

"Exchange of the documents created during creation of the pre-judicial report is performed electronically using the qualified digital signature and technical means of electronic communications.

In case of lack of the corresponding technical supply exchange of documents is performed in paper form.";

3) in item 4:

the paragraph one after the words "for conversation" to add with words "(except for the circumstances specified in paragraph five of this Item)";

after paragraph two to add with the paragraph third the following content:

"About each subsequent meeting the staff representative of body of probation hands (sends) to the person accused separate challenge to body of probation.".

With respect thereto third to consider the paragraph respectively the paragraph the fourth;

add this Item with the new paragraph of the following content:

"The challenge for participation in preparation of the pre-judicial report does not go in case of availability of information on application of measure of restraint in the form of detention or house arrest which makes impossible arrival in body of probation.";

Item 5 to state 4) in the following edition:

"5. Talks with the person accused by preparation of the pre-judicial report are had in body of probation or in the place of residence/stay of the person accused in the presence of objective circumstances which make impossible arrival in body of probation (house arrest or the state of health which physically limits possibility of arrival).

If the measure of restraint in the form of detention is applied to the person accused, talks are had in the place of its stay.";

5) in Item 6:

in paragraph one of the word "arrival on the first challenge in body of probation" shall be replaced with words "the first conversation";

the fifth after the words "During the Conversation Person Accused" to add the paragraph with the word "also";

6) in paragraph one of Item 8 of the word and figures "such subsection sends inquiry for provision of documents (5) in relevant organ of probation" shall be replaced with words appendix and figures "the staff representative of body of probation to whom it is entrusted preparation of the pre-judicial report sends inquiry for provision of documents (appendix 5) to relevant organ of probation in the place of residence/stay of the person accused";

Item 10 paragraph two after the words "its non-arrival on challenge" to add 7) with the words "for participation in preparation of the pre-judicial report";

8) in Item 11:

in paragraph three the word", in particular" shall be replaced with words also in figures "(except for the circumstances specified in paragraph five of item 4 of the Section II of this Procedure), including";

after the paragraph of the sixth to add with paragraphs the seventh, eighth the following content:

"If the staff representative of body of probation considers notes and amendments of the person accused groundless and does not consider them in the text of the pre-judicial report, the person accused states them separately in writing.

Such notes and amendments signed by the person accused join the text of the pre-judicial report.";

with respect thereto the seventh or ninth to consider paragraphs respectively paragraphs the ninth or eleventh;

the eleventh to replace the paragraph with paragraphs the eleventh or fifteenth the following content:

"If the place of residence/stay of the person accused is outside territorial jurisdiction of body of probation which received determination of court about creation of the pre-judicial report, and in case of impossibility to contact the person accused using available technical means of electronic communications (e-mail, text messages with use of mobile communication) for communication with the person accused, the staff representative of body of probation to whom it is entrusted preparation of the pre-judicial report, sends the constituted pre-judicial report to relevant organ of probation in the place of residence/stay of its acquaintance with the text of the pre-judicial report charged for providing.

In that case the pre-judicial report goes to relevant organ of probation not later than five working days to the term of its submission to court, including with use of technical means of electronic communications (e-mail).

The body of probation to which the prepared pre-judicial report is sent takes measures for acquaintance of the pre-judicial report charged with the text and returns it at the scheduled time in the body of probation which directed such report.

If acquaintance of the person accused with the pre-judicial report is impossible in the specified time, body of probation to which the constituted pre-judicial report is sent, within 24 hours informs the representative of body of probation who directed the constituted pre-judicial report, on the corresponding reasons (not emergence on challenge, disease and other circumstances which actually deprive of the person accused of opportunity to study the pre-judicial report).";

Item 16 to state 9) in the following edition:

"16. All documents which are created, created or arrive in the course of preparation of the pre-judicial report, are filed on materials of the pre-judicial report concerning the person accused in chronological procedure and introduced in the corresponding subsystem of the information and analytical block of the Unified register of the convicts and persons detained.

Exchange of the documents created in case of creation of the pre-judicial report is performed electronically using the qualified digital signature and technical means of electronic communications.

In case of lack of the corresponding technical supply exchange of documents is performed in paper form.

The documents received as a result of electronic (technical and information) interactions with the state electronic information resources, electronic registers, information systems, and also the documents created by means of the Unified register of the convicts and persons detained, and so forth, are stored electronically in the specified register.".

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