ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of December 2, 2008 No. 638

About approval of Regulations in temporary detention centers of law-enforcement bodies of Ukraine

According to the Laws of Ukraine "About pre-trial detention", "About militia" and for the purpose of enhancement of work of temporary detention centers of law-enforcement bodies of Ukraine I ORDER:

1. Approve Regulations in temporary detention centers of law-enforcement bodies of Ukraine (further - Rules) (are applied).

2. To chiefs of head departments, Departments of MIA of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on rail transport:

2.1. Organize work of temporary detention centers and divisions of convoy service of militia according to requirements of Rules.

2.2. Carry out studying of Rules with staff of bodies and divisions of internal affairs and to accept offsettings.

3. To department of public safety (Mayevsky V. I.) provide provision of the order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

4. To impose control over the implementation of the order on the deputy minister militia lieutenant general Savchenko O. I.

5. Send the order on accessory.

Approved by the Order of the Ministry of Internal Affairs of Ukraine of December 2, 2008 No. 638

Regulations in temporary detention centers of law-enforcement bodies of Ukraine

1. General provisions

1.1. Regulations in temporary detention centers of law-enforcement bodies of Ukraine (further - Rules) are developed according to the Laws of Ukraine "About pre-trial detention", "About militia", the Code of penal procedure of Ukraine and other regulatory legal acts.

1.2. Rules regulate activities of temporary detention centers of law-enforcement bodies of Ukraine (further - IVS) for detainees and the detained persons, determine tasks, the principles of the organization, obligation and right of employees of militia and persons which contain regulate procedure, the mode and conditions of stay in temporary detention centers.

2. Bases of activities of IVS

2.1. IVS are special facilities of militia for separate content:

persons detained on suspicion of making of criminal offense;

persons detained based on the resolution of the investigative judge on permission to detention for the purpose of the drive;

persons concerning whom the measure of restraint in the form of detention for up to 3 days is applied (if delivery of prisoners to the pre-trial detention center (further - the pre-trial detention center) during this period is impossible because of remoteness or lack of proper means of communication, they can contain in IVS no more than 10 days);

convicts who arrived from the pre-trial detention center and organizations of execution of punishments in connection with trial of case in court or carrying out with them investigative (search) actions;

administratively arrested - in the absence of the special receiver for content of persons subjected to administrative detention.

2.2. Actions of employees of militia concerning protection of detainees and person which are held in custody are incompatible with tortures or other forms of the inhuman address, actions which put physical or moral sufferings or degrade human dignity. No circumstances can be justification for application of the tortures or other cruel actions degrading advantage of the person.

2.3. Activities of IVS are based on the principles of strict observance of legality, the Constitution of Ukraine, requirements of the General declaration of human rights, the European convention on human rights protection and fundamental freedoms, other international standards and standards of the treatment of prisoners and detainees, the Laws of Ukraine "About militia", "About pre-trial detention" and other legal acts of Ukraine, regulatory legal acts of the Ministry of Internal Affairs of Ukraine, and also these rules.

2.4. Supervision of compliance with laws in activities of temporary detention centers of law-enforcement bodies according to requirements of the Law of Ukraine "About prosecutor's office" is exercised by the Attorney-General of Ukraine and prosecutors subordinated to it.

2.5. Oppression and provision of any privileges or privileges to persons containing in IVS irrespective of their racial, national identity, the relation to religion, social condition, political views and merits before the state are not allowed.

2.6. According to article 7 of the Law of Ukraine "About pre-trial detention" the detainees and persons who are held in custody are subject to search, and their thing - survey about what the protocol of search is constituted.

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