ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of February 2, 2015 No. 118

About approval of the Regulations on operational search department of body of protection of frontier

According to the Laws of Ukraine "About frontier of Ukraine", "About the State Border Service of Ukraine", "About operational search activities" and for the purpose of reduction of activities of divisions of the State Border Service of Ukraine which perform operational search activities in compliance the sugolovny Procedure Code of Ukraine I order:

1. Approve Regulations on operational search department of body of protection of frontier which are applied.

2. Declare invalid the order of Administration of the State Border Service of Ukraine of August 14, 2009 No. 611 "About approval of the Regulations on operational search department of body of protection of frontier", registered in the Ministry of Justice of Ukraine on October 2, 2009 on No. 927/16943.

3. To provide to department of legal providing the Ministry of Internal Affairs (D.V.'s Gorbas) 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.

5. To impose control over the implementation of this order on the Chairman of the State Border Service of Ukraine lieutenant general Nazarenko V. A.

Minister of Internal Affairs of Ukraine

A. B. Avakov

Chairman of the State Border Service of Ukraine

V. A. Nazarenko

Approved by the Order of the Ministry of Internal Affairs of Ukraine of February 2, 2015 No. 118

Regulations on operational search department of body of protection of frontier

1. The operational search department (further - ORO) is structural division of body of protection of frontier which performs operational and office activities for protection of frontier on the site of responsibility according to the Law of Ukraine "About the State Border Service of Ukraine" and has the right to perform operational search activities according to the procedure, determined by the Criminal Procedure Code of Ukraine and the Law of Ukraine "About operational search activities".

2. In the activities ORO is guided by the Constitution of Ukraine, Criminal iugolovny procedural codes of Ukraine, the Laws of Ukraine "About the State Border Service of Ukraine", "About operational search activities", "About organization-legal bases of fight against organized crime", "About the state secret", other acts of the legislation of Ukraine and this Provision.

3. The main objectives of ORO are:

ensuring immunity of frontier and protection of the sovereign rights of Ukraine in its exclusive (sea) economic zone;

implementation of investigative (search) actions and secret investigative (search) actions in criminal proceedings according to the written order of the investigator, prosecutor;

search and fixing of actual data about illegal actions of individuals and groups, responsibility for which is provided by the Criminal code of Ukraine, for the purpose of suppression of offenses and for the benefit of criminal trial, and also receipt of information for the benefit of safety of citizens, society and the state.

4. ORO carries out the obligations determined by article 19 of the Law of Ukraine "About the State Border Service of Ukraine", Article 41 of the Criminal Procedure Code of Ukraine, article 7 of the Law of Ukraine "About operational search activities" and also according to the tasks assigned to it:

1) develops drafts of administrative acts, plans for the purpose of accomplishment of directives and orders of Administration of the State Border Service of Ukraine, orders of regional government, body of protection of frontier;

2) is performed by information and analytical providing management of bodies (body of protection of frontier, regional government, Administration of the State Border Service of Ukraine) on the questions which are within its direct competence;

3) the forecast for types of unlawful activity conducts analytical researches for the purpose of determination of perspectives and priorities of work on operational search cases, determination of tactics and methods of overcoming crime, and also;

4) is supported in urgent condition of the database for the purpose of accumulating and processing of data and by submission of offers to solutions of management of bodies (body of protection of frontier, regional government, Administration of the State Border Service);

5) is provided by accomplishment by staff which carries out tasks of criminal proceedings and operational search activities, requirements of the laws and other regulatory legal acts, observance of measures of conspiracy;

6) appointment of staff to positions in these divisions prepares offers on candidate screen for passing of military service on positions in operational divisions;

7) is conducted in accordance with the established procedure by separate confidential and general clerical work.

5. ORO are granted the rights determined by article 20 of the Law of Ukraine "About the State Border Service of Ukraine", Articles 40, of 41 Criminal Procedure Code of Ukraine, article 8 of the Law of Ukraine "About operational search activities" and also the right:

To involve 1) in accomplishment of personal errands during operational search activities of the military personnel and employees of other divisions;

To organize 2) and within powers to perform investigative (search) actions and secret investigative (search) actions in criminal proceedings according to the written order of the investigator, prosecutor, and also to coordinate operational search activities on the site of body of protection of frontier, participation of divisions of body of protection of frontier in fight against organized crime and illegal migration on frontier of Ukraine and within controlled frontier areas;

3) in the procedure established by the legislation to have access to databases of information and telecommunication systems of border control "Metal-1", the border service "Metal-3", information and analytical providing "Metal-5", subsystems "Risk" of the integrated information and telecommunication Metal system, the integrated interdepartmental information and telecommunication system concerning control of persons, vehicles and loads crossing frontier (Lasso system), information containing in databanks of the General secretariat of International Criminal Police Organization - the Interpol, etc.;

4) to prepare offers on completing of positions of workers which can be involved in criminal proceedings and operational search activities and plan work on preparation and retraining of staff of operational divisions.

6. The common directorship work on accomplishment of the orders and instructions of the prosecutor provided according to the procedure, provided by the Criminal Procedure Code of Ukraine and operational search activities in body of protection of frontier, is performed by the chief of body of protection of frontier personally.

In case of absence of the chief of body of protection of frontier of its obligation regarding management of accomplishment of the orders and instructions of the prosecutor provided according to the procedure, provided by the Criminal Procedure Code of Ukraine and operational search activities, the deputy chief of body of protection of frontier - the chief of operational search department carries out.

7. The structure and states of ORO of body of protection of frontier affirm the Chairman of the State Border Service of Ukraine.

Structural divisions can be part of ORO:

implementation of investigative (search) actions;

counteractions of illegal migration;

counteractions of illicit activities;

criminal analysis;

information and analytical providing;

operating-technical actions;

boundary operational search department (with the certain place of dislocation);

confidential documentary providing;

other divisions provided by the staff list.

8. ORO is headed by the deputy chief of body of protection of frontier - the chief of operational search department.

The deputy chief of body of protection of frontier - the chief of operational search department shall have the higher education and experience of service (work) in operational divisions.

The deputy chief of body of protection of frontier - the chief of operational search department is responsible for work on accomplishment of the orders and instructions of the prosecutor provided according to the procedure, provided by the Criminal Procedure Code of Ukraine, the organization and conducting operational search activities on the site of body of protection of frontier and performs direct management of this work; results of work on collection and generalization of the data obtained according to the legislation in the course of accomplishment of obligations on protection of frontier; timely and correct preparation of reporting documents; coordination of actions with the relevant law enforcement agencies of Ukraine during operating-technical actions within the legislation; discipline and own safety of the staff involved in accomplishment of tasks of criminal trial and operational search activities.

9. The deputy chief of body of protection of frontier - the chief of operational search department carries out obligations according to the job description approved by the chief of body of protection of frontier and also shall:

1) to know the Constitution and the legislation of Ukraine regulating protection of frontier, implementation of investigative (search) actions and secret investigative (search) actions in criminal proceedings according to the written order of the investigator, prosecutor, operational search activities of body of protection of frontier, the international contracts and agreements and to be guided by them in daily activities;

2) to perform direct management of accomplishment of tasks of criminal trial and operational search activities on the site of body of protection of frontier, within competence to determine tasks to heads of subordinate divisions and to control accomplishment of objectives;

3) according to the legislation, constitutes the legal basis for accomplishment of tasks of criminal trial and operational search activities, to organize acceptance of necessary measures for the prevention, timely identification, suppression and disclosure of the criminal offenses connected with violation of the law concerning protection of frontier on the site of body of protection of frontier;

4) to make assessment of the data obtained according to the legislation in the course of accomplishment of obligations on protection of frontier on the site of responsibility of body of protection of frontier and the forecast for types of unlawful activity on the directions of concentration of the main efforts, to provide offers on the organization of protection of frontier;

5) to organize and coordinate interaction of operational divisions of body of protection of frontier with law enforcement agencies of Ukraine, including with relevant organs of boundary protection of foreign states and the international anti-terrorist organizations, for the purpose of bystry and complete disclosure of criminal offenses and exposure of guilty persons;

6) to perform the organization of work planning of ORO, to control work of subordinate staff according to these plans, to report to the chief of body of protection of frontier on the done work for the accounting period (week, month, quarter, half-year, year), to report on work plans for the next period;

7) to perform information and analytical providing the chief of body of protection of frontier of rather unlawful activity of criminal groups and individuals on border, to participate in development of decisions of the chief of body of protection of frontier concerning protection of frontier;

8) to organize accomplishment of written orders of the investigator, instructions of the prosecutor and resolutions of the investigative judge of court and requests of authorized state bodies, organizations and organizations for accomplishment of tasks of criminal trial and operational search activities;

9) according to the legislation to organize work on conducting investigation and search operations concerning the detained persons;

10) to organize and provide training of the officials involved in accomplishment of tasks of criminal trial and operational search activities for legal and special preparation;

To organize 11) and to constantly control maintaining confidential and general clerical work in ORO, to observe the privacy mode.

10. The deputy chief of body of protection of frontier - the chief of operational search department is granted the rights according to the job description approved by the order of the chief of body of protection of frontier and also the right:

1) to sign documents in volume of competence ORO;

2) within powers to give orders to staff of body of protection of frontier on activity and to control their accomplishment;

3) to prepare offers for the chief of body of protection of frontier on activity on enhancement of accomplishment of tasks of criminal trial and operational search activities;

To receive 4) in accordance with the established procedure from structural divisions of body of protection of frontier the documents and materials necessary for accomplishment of tasks on activity;

5) to make additions and changes in the instruction (functional obligations) of officials of ORO of body of protection of frontier and subordinate operational divisions;

To hear 6) concerning accomplishment of tasks of criminal trial and operational search activities staff of structural divisions of body of protection of frontier;

7) to participate in meetings of management of body of protection of frontier, to provide conclusions according to the data obtained according to the legislation in the course of accomplishment of obligations on protection of frontier, and the offer on protection of frontier;

8) under the leadership of the chief of body of protection of frontier to perform interaction with law enforcement agencies of Ukraine, boundary protection of foreign states, local executive bodies concerning criminal proceedings and conducting operational search activities within the competence;

9) by order of the chief of body of protection of frontier to make office investigations on activity.

 

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