Approved by the Order of the Prosecutor General's Office of Ukraine of March 26, 2002 No. 20 of the Ministry of Internal Affairs of Ukraine of March 26, 2002 No. 84 of the Security Service of Ukraine of March 26, 2002 No. 293 of State Tax Administration of Ukraine of March 26, 2002 No. 126 of the Ministry of Justice of Ukraine of March 26, 2002 No. 18/5

THE INSTRUCTION ABOUT THE SINGLE CRIME REPORTING

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1) Further - Instruction

The instruction determines system and technique of single accounting and the statistical reporting on crimes and persons who made them in the territory of Ukraine.

Section I. General provisions

1. The single crime reporting consists in primary accounting, registration and introduction in the statistical reporting of the found crimes and persons who made them.

2. The system of the single crime reporting and persons who performed them is based on registration of crimes from the moment of starting criminal case and persons who committed crimes, from the moment of approval by the prosecutor of the indictment or pronouncement of the motivated resolution on the direction of case in court for the solution of question of release of person from criminal liability and on further adjustment of these data depending on results of investigation and judicial review of case. But such adjustment is allowed only throughout the accounting period. Can also be the bases for adjustment: disclosure of crimes of last years; statement of crimes on accounting by the prosecutor; additional detection of offenses during pretrial investigation or inquiry; identification of technical or methodological mistakes in accounting and the reporting (in case of identification of errors of last years adjustment in reports is not carried out, and the made mistakes are displayed in special note which is applied to the report on crime).

3. Rules of the single crime reporting extend to bodies of prosecutor's office (including and military prosecutor's offices), law-enforcement bodies, tax police, the Security Service of Ukraine.

Registration of crimes, persons who made them of criminal cases which are investigated by prosecutors, investigators of prosecutor's office, investigators and investigators of the Ministry of Internal Affairs, tax police, their accounting processing, maintaining the statistical reporting is performed by law-enforcement bodies. Crimes for which investigation by bodies of the Security Service of Ukraine is made are considered according to rules of this Instruction.

Forms of statistic reports of crime and Instructions in them are developed by relevant organs which record crimes, based on rules of this Instruction and are approved with the Prosecutor General's Office of Ukraine.

4. War and other crimes in Armed Forces and in other military forming deployed in Ukraine, made by military personnel, persons liable for call-up during passing of charges, and employees of Armed Forces and other military forming in connection with accomplishment of service duties by them or made in arrangement of military units, organizations, educational institutions, companies or organizations are considered by military prosecutor's offices according to rules of this Instruction 2). At the same time forms and details of accounting and registration documents and statistic reports affirm the Prosecutor General's Office of Ukraine. The order of registration of crimes military prosecutors is also determined by the Prosecutor General's Office of Ukraine, based on general provisions of this Instruction.

Changes and additions can be made only by the Prosecutor General's Office of Ukraine in coordination with the interested law enforcement agencies to this Instruction.

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2) See the order of the Prosecutor General of Ukraine of August 5, 1994 N 16 "About competence of criminal cases to military prosecutor's offices".

Section II. Crime reporting

5. The basis of the single crime reporting is based on registration:

- crimes at the time of starting criminal case, refusal in starting criminal case on not rehabilitating bases, but with recognition of crime;

- crime on which person under the resolution on brining a charge is identified;

- criminal case from the moment of its institution and acceptance of decisions on it;

- person who committed crime, from the moment of approval of the indictment by the prosecutor, pronouncement of the motivated resolution on the direction of case in court for permission of question of release from criminal liability or refusal in starting criminal case on not rehabilitating bases.

6. Determination of concepts:

6.1. Registration of crimes, persons who made them is carried out by the territorial principle (administrative area) of its making. If there is no opportunity to determine the place of crime execution, then the crime is registered in the place of its identification. Exception is registration of crimes, persons who made them, on criminal cases (materials) of bodies of the Ministry of Internal Affairs on transport, military prosecutor's office.

6.2. The single system of the crime reporting and persons who performed them determines such forms of accounting documents:

6.2.1. Statistical card on the found form 1 crime (appendix 1);

6.2.2. Statistical card about results of investigation of crime of form 1.1. (appendix 2);

6.2.3. Statistical card about results of compensation of loss of property and withdrawals of objects of criminal activities of form 1.2 (appendix 3);

6.2.4. Statistical card on person who committed form 2 crime (appendix 4);

6.2.5. Statistical card about movement of criminal case of form 3 (appendix 5);

6.2.6. Statistical card on crime for which making charge of form 4 (appendix 6) is brought to person;

6.2.7. Certificate of results of consideration of criminal case by court of form 6 (appendix 7).

6.3. Registration of crimes, persons who made them is performed by entering by the worker on accounting and registration work of data from statistical card in single register of crimes, criminal cases and persons who committed crimes (appendix 8), assignment of number to criminal case and creation of the register about their transfer for accounting to accounting and registration divisions (the form of the register is established by accounting and registration divisions on places). The form of single register of crimes, criminal cases and persons who committed crimes is developed for the Security Service of Ukraine independently.

6.4. The crime reporting - registration in Management of operational information, in accounting and help divisions of statistical cards which arrived from the lowest divisions, including in electronic form and entering of these statistical cards into the state reporting in the form of digital indicators.

Are considered considered crimes, and also person who made it, and criminal case if data on them are entered in card of primary accounting (or are postponed for magnetic carriers), registered in register of crimes, delivered on centralized accounting and included in the statistical reporting by accounting and registration divisions of Head departments, managements, managements on transport of the Ministry of Internal Affairs of Ukraine 3), accounting and help divisions of regional managements of the Security Service of Ukraine, military prosecutor's offices of regions and other bodies.

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Further Head departments, managements, managements on transport of the Ministry of Internal Affairs of Ukraine will hereinafter be referred to as as "GUMVS, UMVS, UMVST MVD of Ukraine" if another is not caused in the text

7. Process of implementation of the single crime reporting.

Registration of crimes, persons who made them and criminal cases is performed by workers on accounting and statistical work based on documents of primary accounting - statistical cards.

The investigator, the investigator immediately after the made decision based on the resolution on starting criminal case on each crime found by them in the accounting period irrespective of when this crime took place and are established or persons who made them are not identified, fills statistical card of form 1 (on the found crime).

The card of form 1 is constituted immediately and when it is necessary to register crime which was not registered earlier. In particular, in case:

- acceptances in production of the criminal case opened by court and also cases which arrived from the military prosecutor, bodies of Security service and tax police or on the contrary;

- acceptances in production of criminal case which arrived from bodies of prosecutor's office or internal affairs of other areas, other countries if crime about whom it is got in this accounting period it was not considered and registered;

- releases of person who committed crime, from criminal liability in connection with the act of amnesty;

- recoveries of criminal proceeding which was earlier it is closed with removal of crime from accounting;

- accessions to case which is investigated of materials about other crime which was not registered earlier or it is revealed in addition in the course of investigation;

- allocations of criminal case about crime from another matter.

The card in all cases is filled with person (including and the prosecutor) who brought criminal case or issued another the decree on one of decisions which are provided in this Item.

In case case is opened by court and directed for implementation of pretrial investigation or inquiry, the card on the found crime is filled by the investigator or the employee of body of inquiry who accepted case in production.

On the questions raised in statistical card the official who fills them fixes the found crime and bears responsibility for reliability of this information, signs this statistical card and together with case papers for days provides to the prosecutor who checks legality of the made decision and information completed in statistical card, signs it and through the secretary, on receipt gives her for registration to the worker on accounting and registration and statistical work. For the Ministry of Internal Affairs, prosecutor's office, tax police statistical cards are transferred to workers on accounting and registration and statistical work of gorraylinorgan of internal affairs, in the Security Service of Ukraine - in accounting and help division.

The worker on accounting and registration and statistical work receives in prosecutor's office on receipt the specified statistical cards and for days registers crime in single register of crimes, criminal cases and persons who committed crimes, and enters the relevant information in these magazines.

The crimes registered by territorial authorities of internal affairs, cases on which passed on competence to military prosecutors, in bodies of Security service and tax police, on accounting in territorial authorities act and registered in relevant organs or on the contrary.

The crimes committed in the territory of Ukraine by military personnel, citizens of other states are considered by territorial authorities.

Crimes on which cases precisely on the claim of the victim are opened are considered by courts. When the prosecutor or court acknowledged necessary to initiate proceedings and to make pre-judicial investigation or inquiry, crimes are considered by body which held the investigation or inquiry.

Registers of crimes, criminal cases and persons who committed crimes are recorded in each departmental division and the crime reporting. On the cases opened by prosecutors, the Ministry of Internal Affairs, tax police, these magazines are (as far as possible) kept separately and separately numbered.

Having registered in this magazine of crime and statistical cards (references), the worker on accounting and registration and statistical work fills in their 1st Section, signs it and for days gives cards according to the register to accounting and registration division, and also immediately transfers these data by e-mail.

In accounting and registration divisions of GUMVS, UMVS, UMVST MVD of Ukraine control registers of crimes, criminal cases and persons which made them, separately on each area, the city, linear body in which receipt date of statistical cards and information on crime specified in them is registered are conducted.

These magazines are kept for control of timely receipt of primary accounting documentation, matching of separate data on crimes and results of their investigation and for other help tasks.

The employee of accounting and registration division of GUMVS, UMVS, UMVST MVD of Ukraine, having received e-mail of the data on crime, does not register them without confirmation by statistical card. Having received statistical card, it shall: register it in control register of crimes, criminal cases and persons who made them; enter the relevant information; approve it by the signature and bear responsibility for it.

Based on processing of cards of primary accounting in accounting and registration divisions of law-enforcement bodies primary forming of the statistical reporting on crime is carried out.

In other bodies with small amount of such information its processing and generalization can be carried out without use of the COMPUTER.

The constituted statistical reporting on crimes, faces which made them and on the carried-out work on investigation is signed by chiefs: Accounting and registration division and chiefs of GUMVS, UMVS, UMVST MVD of Ukraine, chiefs of managements of tax police of State Tax Administration in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, by the chief of accounting and help division and the head of department of the Security Service of Ukraine, the military prosecutor of regions and other bodies it is also transferred to the supreme bodies on jurisdiction and prosecutors of areas, management of Goskomstat of area.

In UOI Ministry of Internal Affairs of Ukraine, in archive and accounting service of the Security Service of Ukraine the specified reports on the COMPUTER, summary statistics in report type, are processed by the signed chiefs of accounting divisions and heads of law enforcement agencies, sent to Goskomstat of Ukraine, the Prosecutor General's Office of Ukraine.

Section III. Rules of fixing of information on crimes in statistical cards (documents of primary accounting), and also registration and the crime reporting

8. It is considered as one crime (one card on the found crime is constituted) in cases:

a) making of one crime group of persons in partnership (Art. 26 of UK of Ukraine);

b) crime execution which consists of several criminal acts (divergence) or infringement of different objects if they under the law are qualified as one crime;

c) making of one criminal act as a result of which several persons are injured;

d) long crime, i.e. making of one criminal act during certain time;

e) the continued crime, i.e. making of the identical or homogeneous criminal acts connected among themselves by single intention of the guilty person for achievement of single criminal result, community of object and criminal effects.

e) making of two or more different crimes one criminal act (ideal set), at the same time is considered the most tyazhelky crime.

9. It is considered as two and more crimes (two and more cards on the found crimes are constituted) in cases:

a) cumulative offenses (Art. 33 of UK of Ukraine, making of two or more criminal acts provided by different Articles or different parts of one article of the Criminal Code of Ukraine (real set);

b) numerous making of identical or homogeneous criminal deystviiya if they have no signs of the continued crime (Art. 32 of UK of Ukraine);

c) simultaneous making by several persons without preliminary zgovor of the crimes qualified under the same article of the Criminal Code of Ukraine if each participant acted irrespective of another.

d) committing by persons (group of persons) of two and more crimes which are qualified by different parts of one article of the Criminal code each of which constitutes independent crime.

10. In case of determination of separate types of crimes it is necessary to be guided by recommendations of features of some types of the crimes provided by the Criminal code of Ukraine and resolutions of the Plenum of the Supreme Court of Ukraine.

11. Action or divergence which though formally and contain signs of any action provided by the Criminal code of Ukraine, but because of the low-importance do not constitute public danger and therefore are not considered as crime (the p. 2 of Art. 11 of UK) are not subject to accounting among crimes.

12. The registered crimes are subject to removal from accounting if concerning persons who made them the motivated decree on the direction of criminal case in court for permission of question of application of enforcement powers of medical nature is issued (articles 226, of 417 Codes of Criminal Procedure of Ukraine) or criminal cases on them are closed on such bases:

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