THE ORDER OF STATE DEPARTMENT OF UKRAINE CONCERNING EXECUTION OF PUNISHMENTS

of January 11, 2008 No. 1

About approval of the Instruction about work of departments (groups, chief inspectors) organizations of execution of punishments and pre-trial detention centers on control over the implementation of judgments

For the purpose of reduction of regulatory legal acts of State department of Ukraine concerning execution of punishments (further Department) in compliance to the current legislation I ORDER:

1. Approve the Instruction about work of departments (groups, chief inspectors) organizations of execution of punishments and pre-trial detention centers on control over the implementation of judgments (further - the Instruction) which is applied.

1.1. To enact Item 5.18 of the Instruction from 01.01.2009.

2. To chiefs of territorial authorities of management of Department to organize studying of the Instruction with the corresponding categories of officials with acceptance at them offsettings in a month and to provide steady accomplishment of its requirements by them.

3. Declare invalid the order of Department of 23.03.2000 of N 38dsk "About approval of the Instruction about work of departments (departments, groups, parts) of special accounting of pre-trial detention centers (prisons) and the Instruction about work of departments (departments, groups, parts) of special accounting of correctional institutions" (with changes), registered in the Ministry of Justice of Ukraine 08.09.2000 for N 592/4813.

4. To submit to management of Department (O.G.'s Dvoynos) on control over the implementation of judgments this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

5. To impose control over the implementation of this order on the First Deputy Chairman of Department and chiefs of territorial authorities of management of Department.

Approved by the Order of State department of Ukraine concerning execution of punishments of January 11, 2008 No. 1

The instruction about work of departments (groups, chief inspectors) organizations of execution of punishments and pre-trial detention centers on control over the implementation of judgments

1. General provisions

1.1. This Instruction regulates activities of departments (groups, chief inspectors) (further - divisions) organizations of execution of punishments (further - organizations) and pre-trial detention centers (further - the pre-trial detention center) on control over the implementation of judgments concerning acceptance in organizations (pre-trial detention center), accounting, movement under guards (convoy) of convicts (persons detained), release them from organizations (pre-trial detention center) and on other questions connected with accomplishment of sentences of courts and other judgments.

1.2. Divisions of organizations (pre-trial detention center) perform such functions:

1.2.1. Check correctness of document creation for convicts (persons detained) in case of their acceptance in organization (pre-trial detention center).

1.2.2. Perform personal and quantitative accounting of convicts (persons detained), prepare reports on their number, structure and movement.

1.2.3. Record, create and store personal records of convicts (persons detained) which contain in organization (pre-trial detention center).

1.2.4. Control adherence to deadlines of detention, provided by the Code of penal procedure of Ukraine, concerning persons detained.

1.2.5. Participate in registration on convicts of materials concerning parole from serving sentence (Articles 81, 107 Criminal codes of Ukraine, replacements of unexpired part of punishment to softer (article 82 of the Criminal code of Ukraine), establishments of administrative supervision according to the Law of Ukraine "About administrative supervision of persons exempted from places of detention" about transfer of convicts on the bases established by parts one and third Article 101 and Article 147 of the Penitentiary code of Ukraine.

1.2.6. Together with health service of organization (pre-trial detention center) participate in preparation of materials concerning the termination of the forced treatment appointed to persons according to article 96 of the Criminal code of Ukraine, and release of convicts from punishment due to illness on the bases, stipulated in Article 84 Criminal codes of Ukraine.

1.2.7. Create materials on the plea for mercy of convicts and exercise control of their timely direction.

1.2.8. Carry out acts of pardon or amnesty, the judgment concerning persons who contain in organization (pre-trial detention center).

1.2.9. Provide control of compliance, the distribution established by the commission on questions, the direction and transfer for serving sentence of persons condemned to imprisonment (the daleeregionalny commission), level of safety of organization.

1.2.10. Organizations (pre-trial detention center) exercise control of timely release of convicts (persons detained) and provide execution of the relevant documents.

1.2.11. Consider claims, applications and letters on the questions carried to competence of divisions of organizations (pre-trial detention center) determined by this Instruction.

1.2.12. Prepare and send to State department of Ukraine concerning execution of punishments (further - Department) the corresponding messages.

1.2.13. Draw up on convicts (persons detained) accounting and registration materials which are provided by the Instruction about procedure for forming, maintaining and use of operational and help and dactyloscopic accounting in law-enforcement bodies and bodies (organizations) of criminal executive system of Ukraine approved by the order of the Ministry of Internal Affairs and Department of 23.08.2002 N 823/188, registered in Ministry of Justice 09.09.2002 for N 738/7026 (further the ovmestny Instruction), for the direction them in Department of information technologies under the Ministry of Internal Affairs and the relevant managements (departments) of operational information under GUMVD, Regional Office of the Ministry of Internal Affairs and UMVDT.

Provide the help to convicts in document creation about wedding and annulment of marriage.

1.2.14. Perform other tasks provided by this Instruction.

1.2.15. The administration of organizations (pre-trial detention center) is not allowed to assign to officials of divisions of function, not provided for them by this Instruction or other regulatory legal acts of Department.

1.3. Divisions in organizations are located in rooms which are placed only behind borders of zones which are protected, and in the pre-trial detention center - in the administrative house, and are without fail equipped with the security and fire-proof alarm system, have metal lattices at windows and safe locks on the metal or upholstered with metal entrance doors. In time off of the room are sealed and given under protection.

1.4. It is strictly forbidden to involve convicts (persons detained) in work in premises of divisions.

2. Acceptance and registration of convicts (persons detained)

2.1. Officials of division in case of acceptance of convicts in organization shall:

2.1.1. Accept personal records and the passing list on convicts (persons detained) who move under guards (are escorted) (further - the passing list) (appendix 1). Check availability on the passing list of the signature of the representative of convoy division which performed movement under guards (convoy) of convicts.

2.1.2. Verify the number of the arrived convicts with the number of convicts specified in the passing list and check availability of their personal records.

2.1.3. Establish accessory of each personal record to the specific convict by interrogation of this convict and comparison of his answers to biographical and other data which are specified in the personal record, on photograph, personal descriptions, and in case of requirement - according to the dactyloscopic card.

After that to append in the passing list the signature about acceptance of personal records of convicts.

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