ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of July 13, 2016 No. 654

About approval of the Instruction about procedure for execution by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest

According to Article 181 of the Criminal Procedure Code of Ukraine and for the purpose of providing the proper organization of work of bodies of National police for accomplishment of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about replacement of earlier chosen measure of restraint by measure of restraint in the form of house arrest I order:

1. Approve the Instruction about procedure for accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest which is applied.

2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine of August 31, 2013 No. 845 "About approval of the Instruction about procedure for execution by law-enforcement bodies of Ukraine for decisions of the investigator of the judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest", registered in the Ministry of Justice of Ukraine on October 31, 2013 for No. 1845/24377.

3. To department of forming of policy for authorities and monitoring under control to the Minister (Bodnar V. E.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

Approved by the Order of the Ministry of Internal Affairs of Ukraine of July 13, 2016 No. 654

The instruction about procedure for execution by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest

I. General provisions

1. This Instruction determines procedure and the organization of accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and resolutions of the investigative judge, court about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest (further - the resolution of the investigative judge, court).

2. The legal basis of accomplishment by bodies of National police of resolutions of the investigative judge, court are the Constitution of Ukraine, the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure of Ukraine), the Law of Ukraine "About National police", this Instruction and other regulatory legal acts.

3. The terms used in this Instruction have the following values:

house arrest - type of measure of restraint which is applied in criminal proceedings according to the resolution of the investigative judge, vessels to suspects or the accused persons for making of crimes by them for which the law prescribes custodial sanction and consists in prohibition to leave them housing round the clock or in certain time of day;

housing - any room which is in permanent or temporary ownership of person irrespective of its appointment and legal status, and is adapted for permanent or temporary residence in it physical persons, and also all components of such room;

bodies of National police - the head departments of National police in the Autonomous Republic of Crimea and Sevastopol, areas, Kiev subordinated to them territorial administrations, departments, departments of police.

4. The resolution of the investigator of the judge, court is subject to immediate execution by body of National police after its announcement to the suspect, the person accused.

The police agency which investigative division performs pre-judicial investigation concerning the suspect of the person accused to whom house arrest is applied, instantly with use of means of fax connection or e-mail notifies body of National police for the residence of the suspect, the person accused on pronouncement of the resolution of the investigative judge, court.

In case of application of house arrest under the terms of which it is forbidden to leave housing round the clock to the suspect, the person accused who was detained in pursuance of requirements of part three of article 202 Code of Criminal Procedure of Ukraine police agency which authorized officer detains the suspect, the person accused, provides its immediate release from custody and delivery to the residence.

5. The fact of arrival of the suspect accused to housing specified in the resolution of the investigative judge, court, and the beginning of accomplishment to them by the assigned resolution of the investigative judge, court of obligations the employee of body of National police fixes in the official report by results of the first visit of its residence.

From the moment of fixing of the fact of the beginning of accomplishment by the suspect, person accused of the assigned obligations the body of National police begins control of his behavior.

6. Control of behavior of the suspect, person accused immediately stops body of National police in case of circumstances, the stipulated in Article 203 Codes of Criminal Procedure of Ukraine.

II. Accounting of suspects, persons accused to whom the measure of restraint in the form of house arrest is applied

1. Accounting of suspects, persons accused to whom the measure of restraint in the form of house arrest is applied is conducted in the database which enters the unified information system of the Ministry of Internal Affairs of Ukraine (further - the database of the Ministry of Internal Affairs) created according to requirements of the current legislation. In the database of the Ministry of Internal Affairs the round-the-clock access for police officers who exercise control of behavior of persons which are under house arrest is provided.

2. Information in the database of the Ministry of Internal Affairs is immediately entered by the employee of body of National police, it is entrusted to them to exercise direct supervision behind behavior of the suspect, the person accused. If the worker is not the authorized user of the database of the Ministry of Internal Affairs, data are immediately entered by the head or, according to its order, the authorized person of structural division which is the authorized user.

3. In the database of the Ministry of Internal Affairs the following data are entered: time of registration of the suspect, person accused; personal data of person (surname, name, middle name, date, the birthplace, nationality, series, document number, proving the identity, the residence or stay); housing which to the suspect, the person accused is forbidden to leave, phone number; the name of court, surname, name, middle name of the judge, investigator, judge who decided the decision, date, number of the decision; the name of body of pre-judicial investigation (court), surname, name, middle name, phone number of the investigator performing pre-judicial investigation or judges who performs legal proceedings; number of criminal proceedings according to the Unified register of pre-judicial investigations (further - ERDR), the article of the Criminal code of Ukraine (further - UK of Ukraine) which prescribes punishment for crime of which making person is suspected or accused, the short plot put; stay conditions under house arrest, content of the assigned obligations; mark about application of electronic control facilities; expiry date of the resolution on election of measure of restraint, data on prolongation, change, cancellation of measure of restraint; position, surname, name, middle name of the employee of body of National police which exercises control; the performed accomplishment by the suspect, person accused of the assigned obligations, the violations revealed at the same time and taken response measures; mark about removal from accounting.

4. The information about person to which the measure of restraint in the form of house arrest is applied is personal data. The procedure for protection and processing of personal data, including access to them, is regulated by the Law of Ukraine "About personal data protection".

Violation of the law about personal data protection involves the responsibility established by the law.

5. Documents concerning the suspect, the person accused who is under house arrest accumulate in control and supervising case on control of person which is under house arrest (further - control and supervising case).

Control and supervising case is created and drawn up according to the procedure, established by the Standard instruction on clerical work in the central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of November 30, 2011 No. 1242.

6. The basis for institution of control and supervising case is the instructions of the head of body of National police written on the resolution of the investigative judge, court. Case is considered in register of control and supervising cases on control of persons which are under house arrest (appendix 1) (further KND register) which registration, storage and maintaining, for the purpose of restriction of access to information about person to which it is applied measure of restraint in the form of house arrest are assigned to the division manager of documentary providing (office) of body of National police or the worker who is carrying out its obligations.

After registration control and supervising case is stored at the worker exercising control over the implementation by the suspect, person accused of the obligations assigned to it in the storage (the safe, metal case) assigned to it.

7. In control and supervising case attach: copy of the resolution of the investigative judge, court; the copy of the letter on the notification of the investigator or court if the measure of restraint is applied during judicial proceedings, about statement of person on accounting; the protocol of explanation to the suspect, the person accused of the obligations assigned to it by the decision of the investigative judge, court (appendix 2); the paper-and-pencil test on the suspect, the person accused who is under house arrest (appendix 3) (further - the paper-and-pencil test); data on control of behavior of the suspect, the person accused who is under house arrest (appendix 4), official reports about results of conducting checks of behavior of the suspect accused with marks about entering of information specified in them into computer accounting; copies of letters on the notification of the prosecutor, the investigator or court if the measure of restraint is applied during judicial proceedings, about violations by the suspect, person accused of the assigned obligations; other documents concerning implementation of control actions and correspondence on this question.

8. The control and observation case is closed with the written permission of the head of body of National police for the corresponding official report about the termination of control of behavior of the suspect, person accused. The closed control and observation cases are stored in division of documentary providing (office) of body of National police before the termination of fixed terms of storage.

III. The organization of control of behavior of the suspect, the person accused who is under house arrest

1. The chief of body of National police in case of receipt of the resolution of the investigative judge, court concerning the suspect, the person accused who lives in the territory of its servicing taking into account features of criminal proceedings determines subordinate structural division which will exercise control over the implementation by the suspect, the person accused of the obligations assigned to it by the judge's ruling, vessels and instantly charges it to the head to register the suspect, the person accused and to provide control of his behavior.

In case of receipt of the resolution of the investigative judge, court in which the place of residence of the suspect, the person accused which does not enter territorial jurisdiction of police agency is specified his chief shall take immediately measures for sending such decision to body of National police for the residence of the suspect, person accused.

2. The police officer, it is entrusted to them to exercise direct supervision behind behavior of the suspect, the person accused:

1) shall be instantly at the place of residence of the suspect accused for the purpose of fixing of the fact of the beginning of accomplishment by it the assigned resolution of the investigative judge, court of obligations, statements of person on accounting and establishments of control;

2) during the first visit of the suspect, the person accused is explained to it by essence of measure of restraint, restrictions and obligations which are specified in the resolution of the investigative judge, vessels, and warns that in case of failure to carry out of the assigned obligations the prosecutor, the investigator in coordination with the prosecutor according to article 200 Code of Criminal Procedure of Ukraine has the right to address the investigative judge, court with the petition for change of measure of restraint, including for change or assignment of the subsidiary duties provided by part five of article 194 Code of Criminal Procedure of Ukraine or about change of method of their accomplishment about what constitutes the protocol of explanation to the suspect, the person accused of the obligations assigned to it by the decision of the investigative judge, court. The protocol files control supervising.

Notifies the suspect accused about need of informing body of National police on intentions to leave housing in the prohibited time, including in case of receipt of challenge of the investigator, prosecutor, judicial challenge; excommunication with the permission of the investigator, the prosecutor or court; diseases, emergence of natural disasters;

3) immediately registers the suspect accused by filling and introduction in computer accounting of the database of the Ministry of Internal Affairs of electronic card on person about what does mark in the column 3 registers of KND;

4) about registration of the suspect accused within a day from the moment of entering of data into computer accounting is provided by written informing the investigator or court if the measure of restraint is applied during judicial proceedings, the copy of the letter notification is filed control supervising.

In the letter notification or to court it is noted to the investigator about office need written (by fax, on channels of e-mail) the notice of body of National police is relative:

challenge of person or issue of the exit visa to it from the settlement - beforehand, but not later than days before date of leaving of the place of serving of house arrest;

changes of measure of restraint, adoption of the verdict of not guilty or closing of criminal proceedings - instantly, but no later than 24 hours after receipt of information on the made decision.

In case of impossibility of immediate registration of the suspect accused due to the lack of him to the address of housing specified in the resolution of the investigative judge, court, on it the investigator or court is in writing notified if the measure of restraint is applied during judicial proceedings;

5) is performed by photography of the suspect, person accused, fills in the paper-and-pencil test. During the day draws up and registers control and supervising case;

6) in case of assignment by the resolution of the investigative judge, court on the suspect, the person accused of obligation to carry electronic control facility applies it according to the procedure, established by the law about what does mark in electronic card on person;

7) if the decision of the investigative judge, court to the suspect, the person accused does not assign obligation to carry electronic control facility or in case of application of electronic control facilities there were circumstances excluding their further use (creation of danger to life and health of the person; technical defect of system of electronic control, etc.), check of accomplishment assigned to the suspect, performs the person accused of obligations by visit of the place of its accommodation, phone calls and polls of the neighbors and persons living together with it.

In the presence in body of National police of information on violation by the suspect, the person accused of conditions of the applied measure of restraint visit of its residence can be performed at night.

Frequency of visit is determined by the chief of body of National police. At the same time, if in accordance with the terms of the applied measure of restraint to the suspect, the person accused it is forbidden to leave housing round the clock, visit of its residence shall be performed at least once in seven days;

8) provides transfer of written appeals to the companies, organizations, the organizations with request for assistance in control of behavior of the suspect, the person accused who is under house arrest involves in control local population and public forming on protection of public order and frontier;

9) is constituted by the official report about results of each visit of housing of the suspect, person accused who after the report to the head of body of National police files control supervising.

Information on results of the taken measures for check of behavior of the suspect, the person accused, the violations revealed at the same time and the response measures taken on them reflects in data on control of behavior of the suspect, the person accused who is under house arrest and does the corresponding marks in electronic card on person;

10) in case of receipt of the resolution of the investigative judge, court about prolongation of term of content under house arrest or about replacement of measure of restraint, including about cancellation, change or assignment of the subsidiary duties provided by part five of article 194 Code of Criminal Procedure of Ukraine or about change of method of their execution, does the corresponding mark in electronic card on person and in the column 5 of register of KND;

Reports 11) about the termination of control of behavior of the suspect, person accused the motivated official report to the chief of body of National police. With the written permission of the chief of police agency strikes person off the computer register of the database of the Ministry of Internal Affairs by entering of necessary information into electronic card on person and closes control and supervising case about what does the corresponding mark in the column 6 of register of KND.

3. In case of establishment of the circumstances testimonial of violation by the suspect, person accused of the obligations assigned to it, the police officer shall:

1) to fix the fact of violation of the assigned obligations by creation of the motivated official report. Take away written explanations concerning the revealed violations from the suspect, the person accused, members of his family, neighbors or other witnesses of incident from their consent. Contents of the constituted official report and the selected explanations to report on the head of body of National police;

2) in case of absence of the suspect accused at the place of residence immediately to notify on it body of National police and to take measures for establishment of the place of its stay;

3) to provide immediate informing orally with means of communication, and further - in writing about the elicited facts of violations of the investigator and prosecutor and if criminal proceedings are under consideration in court, - court and the prosecutor.

Copies of the information letter and the official report of the employee of police about violation are filed control supervising.

4. Police officers in case of control of behavior of the suspect, the person accused who is under house arrest have the right:

1) according to part five of article 181 Code of Criminal Procedure of Ukraine with observance of the rights and freedoms of other persons living together with the suspect to the person accused who are under house arrest to appear in its dwelling for the purpose of check of observance of the obligations and restrictions established by court;

2) to require from the suspect accused of oral or written form of explanation on the questions connected with accomplishment of the obligations assigned to it;

To receive 3) from the members of the family of the suspect, the person accused or persons living together with him from their consent, explanation concerning his behavior.

5. The police officer who exercises control of behavior of the suspect, the person accused who is under house arrest has no right on own initiative to set additional restrictions which violate its rights.

6. In case of receipt of the message on emergence of threat of life or to health of the suspect, person accused who is under house arrest (the fire, accident, catastrophic crash of natural or technogenic nature, natural disaster, etc.) or about his disease and the placement on hospitalization in healthcare institutions the chief of body of National police will immediately organize check of the circumstances specified in the message.

The notification is performed in time, not exceeding 12 hours from the moment of its receipt. The confirmed information on impossibility of further stay of the suspect accused of housing specified in the resolution goes to the investigator or to court if the measure of restraint is applied during judicial proceedings.

7. In case of the resolution functions of control are transferred by the investigative judge, court of the decision in which to the suspect, the person accused other address of housing which location is outside the territory of servicing of body of National police is established in police agency within which territorial jurisdiction there is this housing.

The previous police agency stops control of behavior of the suspect accused according to the procedure, provided by the subitem 11 of Item 2 of this Section, only after factual determination of statement of person on accounting of the database of the Ministry of Internal Affairs by body of National police at its new place of residence.

IV. Control over the implementation of resolutions of the investigative judge, court

1. The chief of body of National police provides coordination of work of subordinate divisions on control of behavior of the suspects, persons accused who are under house arrest and also interaction with the authorized division performing ensuring electronic control on the location of suspects, persons accused, bodies of preliminary inquiry, prosecutor's office and court in case of response to violations by suspects, persons accused of the obligations assigned to them.

2. Heads of structural divisions of body of National police control work of subordinates on accomplishment of resolutions of the investigative judge, court regarding immediate registration of suspects, persons accused to whom the measure of restraint in the form of house arrest, control of their behavior and timely removal from accounting is applied. For this purpose they at least once a week check maintaining register of KND and forming of kontrolnonadzorny cases about what the corresponding mark with indication of date and the personal signature is put down.

Appendix 1

to the Instruction about procedure for accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest (Item 6 of the Section II)

Register of control and supervising cases on control of persons which are under house arrest

File number, date of institution	Surname, name and middle name of the suspect, person accused, the address of housing which is forbidden to be left	Mark about statement of person on accounting (date, hour, minutes)	Special rank, position, surname, initials of the worker which control and supervising case is accepted	Expiry date of the resolution, data on prolongation, change, cancellation of measure of restraint (date, number of the decision)	Mark about solution of the case and removal of person from accounting (date, hour, minutes)
1	2	3	4	5	6

Appendix 2

to the Instruction about procedure for accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest (Item 7 of the Section II)

See Appendix 2 (11Kb In original language)

Appendix 3

to the Instruction about procedure for accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest (Item 7 of the Section II)

See Appendix 3 (11Kb In original language)

Appendix 4

to the Instruction about procedure for accomplishment by bodies of National police of resolutions of the investigative judge, court about election of measure of restraint in the form of house arrest and about change of earlier chosen measure of restraint on measure of restraint in the form of house arrest (Item 7 of the Section II)

See Appendix 4 (10Kb In original language)

 

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