ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of September 10, 2009 No. 390

About approval of the Instruction on the organization of functioning of criminalistic accounting of expert service Ministry of Internal Affairs

According to the Presidential decree of Ukraine of 18.01.2001 N 20 "About additional measures for the prevention of disappearance of people, enhancement of interaction of law-enforcement and other executive bodies in their search", resolutions of the Cabinet of Ministers of Ukraine of 20.12.2006 N 1767 "About approval of the Comprehensive program of prevention of offenses for 2007-2009", of 20.06.2000 N 988 "About creation of expert service of the Ministry of Internal Affairs" (with changes), of 04.06.2003 N 877 "About approval of the Program of realization of state policy in the field of fight against the illegal address of drugs, psychotropic substances and precursors for 2003-2010" (with changes) and for the purpose of increase in efficiency of functioning of criminalistic accounting of expert service Ministry of Internal Affairs I ORDER:

1. Approve the Instruction on the organization of functioning of criminalistic accounting of expert service Ministry of Internal Affairs it (is applied).

2. To chiefs of head departments, Departments of MIA in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on the railroads to provide studying and strict accomplishment of this Instruction.

3. Recognize invalid the order of the Ministry of Internal Affairs of 14.01.94 N 190 "About approval of the Instruction about forming, maintaining and use of criminalistic accounting of the Criminalistic center Ministry of Internal Affairs of Ukraine", registered in the Ministry of Justice of Ukraine 06.05.94 for N 91/300, and the order of the Ministry of Internal Affairs of 02.09.98 N 659 "About approval of the Instruction about creation of the single automated system of number accounting of fire (shooting) weapon which is stored and used in the Ministry of Internal Affairs on objects of authorization system and is in private use of citizens", registered in the Ministry of Justice of Ukraine 02.03.99 for N 132/3425.

4. (Krasyuk I. P.) in five-day time after signing of the order to provide to the state center research expert criminalistic its submission on state registration to the Ministry of Justice of Ukraine.

5. To impose control over the implementation of the order on the deputy minister - the chief of General staff of the Ministry of Internal Affairs of the militia lieutenant general of Verbensky M. G., the deputy minister - the chief of criminal militia of the police colonel general Evdokimov V. M., the deputy minister - the chief of the Main Investigation Department P.V.'s Christmas carol, the deputy minister - the chief of militia of public safety militia lieutenant general Savchenko O. I. on activities.

6. Announce the order to staff of bodies and divisions of internal affairs of Ukraine.

7. This order becomes effective from the date of its official publication.

 

Approved by the Order of the Ministry of Internal Affairs of Ukraine of September 10, 2009 No. 390

Instruction on the organization of functioning of criminalistic accounting of expert service Ministry of Internal Affairs of Ukraine

I. General provisions

1.1. This Instruction determines basic provisions of forming of system of registration of objects and (or) the information about them, procedure for their use in case of disclosure, investigation of the committed crimes and crime prevention.

The legal basis of functioning (forming, maintaining and use) criminalistic accounting are the Constitution of Ukraine, the laws of Ukraine, regulatory legal acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, regulatory legal acts of the Ministry of Internal Affairs, including this Instruction.

1.2. Functioning of criminalistic accounting is based on the principles of legality, humanity, respect for rights and freedoms of man and citizen, scientific justification, comprehensiveness and completeness of use of special knowledge.

Sources of forming of criminalistic accounting are objects (their copy, images) and (or) the information about them arriving from bodies of inquiry, pretrial investigation, prosecutor's office, courts, divisions which according to the current legislation have the right to perform operational search activities, and also from the Ministry of Health of Ukraine (further - the Ministry of Health), the Ministries of Justice of Ukraine, other executive bodies, and also the National Bank of Ukraine (further - the NBU).

1.3. Criminalistic accounting is created for the purpose of their use for the prevention, identification, disclosure and investigation of crimes and other offenses when implementing operational search activities, inquiry and pretrial investigation, and also for the purpose of increase in level of information support of carrying out expert researches.

1.4. Criminalistic accounting of expert service functions at three levels:

central - in the State research expert and criminalistic center Ministry of Internal Affairs of Ukraine (further - GNIEKTs) in which the central collections are conducted;

regional - in the research expert and criminalistic centers (further - NIEKTs) under head departments, the Departments of MIA in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on rail transport (далееГУМВД, Regional Office of the Ministry of Internal Affairs, the Department of MIA on rail transport) where regional collections are conducted;

local (local bush) - in divisions on expert criminalistic ensuring work (further - EKOR) city, district, linear law-enforcement bodies (further - GRLO) where collections are conducted local (local bush).

Local sectional account is kept in division on expert criminalistic ensuring work of city, district, linear law-enforcement bodies and created of objects (their copies, images) and (or) the information about them which arrives from two or more city, district, linear law-enforcement bodies servicing the adjacent territories.

1.5. Criminalistic accounting includes the following types:

trasological accounting;

dactyloscopic accounting;

ballistic accounting;

accounting of cold weapon;

accounting of bank notes, forms of documents, securities and plastic payment cards;

accounting of persons on appearance signs;

explosive accounting;

fire and technical accounting;

accounting of drugs, psychotropic substances, their analogs and precursors;

accounting of genetic signs of the person;

accounting of records of voices and speech of people;

accounting of identification designations of vehicles and details of documents (signatures, seals, stamps);

material accounting, substances and products.

1.6. Accounting consists of operational and search and (or) directory collections.

1.6.1. Operational and search collections are intended for receipt of information on person involved in crime execution; identifications of person, the crime instrument (the vehicle, weapon, the equipment, etc. which were used during crime execution); establishments of joint patrimonial (group) accessory of materials and substances; other actual data which confirm making of crimes by the particular person; receipts of other information of rather committed crimes and their prevention.

Collections are created of objects (their copies, images) and (or) the information about them withdrawn or received during inspection of the scene (further - OMP), carrying out other investigative actions, investigation and search operations, etc., and also received during criminalistic registration дактилокарт photo and video images, records of voices and the speech of people, DNA profiles.

Coordination of work on forming of operational and search collections is assigned to chiefs of criminal militia of law-enforcement bodies (further - Department of Internal Affairs).

For reliability and integrity of materials which are provided for check, the initiator of request answers.

During OMP, other investigative actions, investigation and search operations by employees of bodies of inquiry, pretrial investigation, operational divisions the group of people which left marks is established and are not connected with crime execution (the victims, their relatives, acquaintances; the workers of emergency medical service, rescue services arriving to the crime scene before operational-investigations groups, etc.). Employees of these divisions will organize receipt of samples for comparative research (prints (prints) of hands, footwear and other samples) and the direction them for carrying out in connection with crime execution of expert researches for the purpose of exception of the specified traces from among withdrawn.

The direction of objects (their copies, images) for the resolution (check) on accounting is performed only after carrying out their expert researches.

After carrying out expert researches of objects (their copies, images) by workers by whom they were carried out, constituted registration cards according to requirements of this Instruction then heads of NIEKTs under GUMVD, Regional Office of the Ministry of Internal Affairs, the Department of MIA on rail transport without fail organize their checks by the corresponding types and levels of criminalistic accounting of expert service Ministry of Internal Affairs of Ukraine. Bodies of inquiry, division which perform operational search activities are informed on results of check.

Check on criminalistic accounting is performed by the written request of the established form (appendix 1) bodies of inquiry, divisions which perform operational search activities.

Results of such checks are drawn up according to the established forms (appendices 2-5) which go to the initiator of check.

In case of establishment or not establishment of identity of objects further actions with them and procedure for their direction in collection of the highest and (or) lowest levels are regulated by the Section II of this Instruction.

In case of need rooms in collection of objects (bullets, sleeves, counterfeit bank notes and other objects) are informed on the fact of their room bodies of inquiry and pretrial investigation in the established form (appendix 6).

1.6.2. Directory collections are held for use the objects placed in them during expert researches, creation of research and developmental developments, updating of the methodical and regulatory base of judicial examination, preparation of approximate information, generalization of data on the reasons and conditions of making of crimes and other offenses for the purpose of their prevention.

Collections are created of objects which are of interest to operational and office, research and methodical activities, are physical evidences on criminal cases on which production is closed, and concerning which there is judgment about their room in collection, and also from the objects received from organizations, the organizations, the companies irrespective of pattern of ownership.

Chiefs of NIEKTs provide submission to court of petitions for the room in collection of the objects which are of interest to operational and office, research and methodical activities, for the form given in appendix 7.

Courts send to NIEKTs of excerpt from judgments regarding the made decision concerning objects concerning which the petition for their room is initiated in collection of criminalistic accounting.

1.7. In case of the direction of objects (their copies, images) for carrying out expert research in the public specialized agencies of expert service by person holding pretrial investigation will organize check of these objects (their copies, images) by the corresponding types of criminalistic accounting.

1.8. For the purpose of operational disclosure and investigation of crimes, prevention of losses, spoil of traces, including on the subjects-sledonositelyakh withdrawn during OMP to carrying out other investigative actions, investigation and search operations the specified traces (objects-sledonositeli), weapon, bank notes, documents, securities which raise doubts concerning their authenticity by bodies of inquiry and pretrial investigation, the divisions performing operational search activities immediately go for carrying out expert research and check on criminalistic accounting.

1.9. In case of availability of several homogeneous objects the question concerning quantity of the objects placed in collections is solved depending on quality of display of identification signs and taking into account need of the direction them in collection of the highest level, except as specified, stipulated in Item 2.3.8 Instructions.

1.10. All objects which hold in collections are registered in the magazine of registration of the objects placed in operational and search collection and the magazine of registration of the objects placed in directory collection (appendix 8).

Registration cards with data on objects, their images are produced from paper by density at least than 200 g/sq.m, format A 5, except for of the registration cards provided by subitem 9.6 of the Instruction which are made by the A4 format.

1.11. In divisions of expert service the workers who are responsible for functioning of specific collections which is fixed in their functional obligations are appointed.

Depending on amounts of the accounting and works connected with forming of this accounting, their maintaining and use separate divisions on ensuring functioning of accounting can be created.

1.12. Criminalistic accounting can be conducted with use of the computer equipment and the software approved with GNIEKTs. For information loss prevention (failure of the computer equipment, failures of the software) placed in the automated criminalistic accounting its permanent duplication on optical carriers (CDs/DVDS) is provided.

The direction of requests for check of objects which are placed in collections and informing on its results are performed through digital departmental telecommunication network Ministry of Internal Affairs of Ukraine according to established procedure.

1.13. Objects which are subject to registration are located in collection after check on the available accounting and receipts of negative result.

1.14. The organization of timeliness and quality of checks, storage of the objects provided for registration, prevention of their accidental or unauthorized destruction, their accidental loss, and also unauthorized access to them of their unauthorized modification or distribution are assigned to chiefs of GNIEKTs, NIEKTs under GUMVD, Regional Office of the Ministry of Internal Affairs, the Department of MIA on rail transport.

1.15. The employee of expert division which carried out check is responsible for reliability of results of check.

The objects placed in operational and search collections are withdrawn from them in such cases: carrying out investigative actions or judicial reviews according to the written requirement of the investigator or court; disclosures of crimes (except as specified, provided by Items 2.2. 14, 2.2.25, 2.2.26 Instructions); the expirations of prescriptive limits of criminal prosecution for making of crimes; receipts of endurance by a court decision concerning destruction of objects in case of establishment of source of their origin; written request NIEKTs.

About withdrawal of objects from collections in connection with disclosure of crime, destruction of objects by a court decision, bodies of pretrial investigation and inquiry divisions from which objects, for check and registration of the highest or lowest level went are monthly informed.

In case of lack of need for storage of objects of directory collections they are destroyed. Destruction of objects of directory collections is performed by divisions of expert service in which they are on accounting, in coordination with GNIEKTs.

About the fact of destruction of objects the statement which affirms the chief of expert division, with indication of as it structure of the commission, the place, time, the basis, the list of objects which are destroyed their number and method of destruction is drawn up.

1.16. The objects which are in criminalistic accounting of expert service Ministry of Internal Affairs of Ukraine if it does not damage to functioning of accounting, can be provided on separate requests to the public specialized agencies of judicial examination for the purpose of their use during the carrying out expert researches, creation of research and developmental developments, updating of the methodical and regulatory base of judicial examination.

1.17. Providing with technical means, magazines, forms of cards (дактилокарт, registration cards, etc.), necessary for functioning of criminalistic accounting, perform Department of resource providing the Ministry of Internal Affairs of Ukraine and economic divisions of GUMVD, Regional Office of the Ministry of Internal Affairs, the Department of MIA on rail transport.

II. Features of functioning of criminalistic accounting

2.1. Trasological accounting

2.1.1. Accounting functions at the central, regional and local levels.

2.1.2. Accounting consists from:

operational and search collections of traces of footwear, gloves, tools of breaking, vehicles it is also created of objects carriers with traces, copies or images of traces of footwear, gloves, tools of breaking, vehicles withdrawn during OMP, other investigative actions, investigation and search operations;

directory collections of samples of tools of breaking, locking and locking and sealing devices (their copies, images or the information about them), and also data on footwear, vehicles it is also created of samples of tools of breaking, locking and locking and sealing devices, parts of vehicles (the tire, farny glass, etc.), products of mass production (or images and the information about them).

2.1.3. In GNIEKTs the central operational and search collections of traces of footwear which are created of images of the traces of footwear withdrawn in case of survey of places of making of murders, attempts at murders are conducted; the heavy bodily harms which entailed death; rapes; assaults; robberies; racketings; the crimes committed with use of firearms, destructive devices and substances, and also crimes when identical traces are withdrawn from two and more places of their making which remained unsolved.

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