Key Benefits:
On Amendments to the Law of Ukraine "On the National Guard of Ukraine" on the improvement of legal proceedings of the National Guard of Ukraine
(Information of the Verkhovna Rada (VR), 2016, No. 3, pp. 35)
Verkhovna Rada of Ukraine Orders:
I. Amend Law of Ukraine "On the National Guard of Ukraine" (Information of the Verkhovna Rada of Ukraine, 2014, No. 17, pp. 594; 2015, No. 2-3, pp. 12, No. 35, st. 339; with changes made by the Law of Ukraine dated November 10, 2015 No. 766-VIII):
1. In Article 2 :
1) in Part One :
in Paragraph 11 The words "are accompanied by violence against citizens" to exclude;
Items 17 and 18 Set out in this edition:
" (17) Participation in the implementation of the tasks of the Territorial Defence;
18) defense of important state facilities, special goods, which are defined by the President of Ukraine, the Cabinet of Ministers of Ukraine, the central databases of the Ministry of Internal Affairs of Ukraine ";
Complement paragraph 19 of this content:
"(19) To be involved in the end of group countering actions taken into custody, convicts, and the elimination of the effects of such actions in the institutions of the preceding imprisonment, the execution of punishment";
2) part two replace two new parts of this content:
" 2. Organization and order of carrying out military service from the protection of nuclear plants, nuclear materials, radioactive waste, other sources of ionizing radiation of state property, important public facilities and special goods, and rights and The duties of military personnel who are involved in the service of such service are determined by the relevant statute, which is approved by the law.
The order of organizing the National Guard of Ukraine of nuclear installations, nuclear materials, radioactive waste, other sources of ionizing radiation of state property, important public facilities as well as special cargo is established Cabinet of Ministers of Ukraine.
3. The National Guard of Ukraine is the main subject to end mass unrest. In response to the cessation of mass riots, the National Guard of Ukraine coordinates the activities of the forces and law enforcement agencies involved in the cessation of the marked actions.
Organization of the National Guard of Ukraine's activities to end mass unrest, as well as the order of its interaction during the execution of a specified function with law enforcement, other government authorities, and local government bodies to be determined by the Cabinet of Ministers of Ukraine. "
In this regard, parts of the third and fourth are counted as part of fourth and fifth respectively;
(3) In part of the fourth word "peacekeeping personnel or peacekeeping contingent", replace "national personnel or national contingent";
(4) Part of the fifth posting in this edition:
" 5. The National Guard of Ukraine performs tasks in interaction with law enforcement, the Armed Forces of Ukraine, the Office of the State Guard of Ukraine, others formed according to the laws of Ukraine by military formations, bodies The local government, the prosecutor's bodies, the state authorities, public associations and religious organizations, and jointly with the administration and the regime bodies of security facilities and the population. "
2. In Article 5 :
1) Item 3 part of the first teaching in such an editorial:
"(3) connections, military units, higher military training establishments, training military units (centres), bases, health facilities and institutions not part of the operational and territorial associations of the National Guard of Ukraine";
2) parts of a second-fourth Set out in this edition:
" 2. The organisational National Guard of Ukraine consists of military administration bodies (the main body of the military administration of the National Guard of Ukraine and the bodies of military administration of the operational and territorial associations of the National Guard) Ukraine), connections, military units (units), higher military educational institutions, training military units (centres), bases, health facilities and institutions.
3. The units of the National Guard of Ukraine may enter brigades, regiments, battalions, units, companies, etc., while members of the National Guard of Ukraine may enter units (battalions, squadrons, units, companies, etc.) special cursors (cursors), communication units, centers, groups, platoons.
4. To organize cultural and health and sports activities at the National Guard of Ukraine, according to Law of Ukraine "About physical culture and sports" can create physical culture and sports, including sports committees, clubs, bases, etc., and to ensure the sport of higher achievements-sports teams ";
3) Part 5 exclude;
4) second sentence Parts of the sixth " Provisions concerning the bodies of military administration of operational and territorial associations of the National Guard of Ukraine, connection, military units (units), training military units (centres), statutes (provisions) Military exercises, bases, health facilities and institutions of the National Guard of Ukraine are approved by the Ministry of Internal Affairs of Ukraine ";
5) parts Hereby and Eighth Set out in this edition:
" 7. The total number of National Guard units of Ukraine does not exceed 60,000 people. In the case of the need for the National Guard of Ukraine, the number of national guards can be increased by the law.
In the special period the number of National Guard of Ukraine increases to the number of personnel assigned to the military service to the execution of the decrees of the President of Ukraine on mobilisation approved by the laws of Ukraine.
8. Creation, reorganization and liquidation of the operational and territorial associations of the National Guard of Ukraine, their bodies of military management, connections, military parts, training military parts, bases, institutions of health and institutions The National Guard of Ukraine within the total population and allocated funds of the State Budget of Ukraine is carried out by the Minister of Internal Affairs of Ukraine in terms of the agreement with the President of Ukraine, and senior military training institutions of the National Guard Ukraine-Cabinet of Ministers of Ukraine ";
6) parts Tenth and Eleventh Set out in this edition:
" 10. Redeployment, changing location and determination of liability zones (operational response) of the operational and territorial associations of the National Guard of Ukraine and their bodies of military administration, connections, military units and units, Educational military units (centres), bases, health facilities and institutions of the National Guard of Ukraine are carried out on the decision of the Minister of Internal Affairs of Ukraine.
11. Chief of Military Administration of the National Guard of Ukraine, bodies of military administration of the operational and territorial associations of the National Guard of Ukraine, connection, military units, senior military training establishments, training military parts (centers), bases, health facilities and institutions of the National Guard of Ukraine are legal entities, have a seal with the image of the State Herb of Ukraine and its naming, other seals and stamps, accounts in carrying out organs. treasury funds, and relevant banking facilities " (...)
3. Add article 6 - 1 such content:
" Article 6 - 1 . Powers of the Ministry of Defence of Ukraine on the National Guard of Ukraine
1. During the actions of the martial law, the National Guard of Ukraine is subordinate to the Ministry of Defence of Ukraine.
2. Ministry of Defence of Ukraine:
(1) Organize the training and exercises the National Guard of Ukraine with the execution of measures of the legal regime of martial law and to the tasks of territorial defence other than the military units (units) that carry out convoys and security Diplomatic missions
2) agree to the development of the National Guard of Ukraine in part pertaining to the defence of the state, as well as plans to prepare its bodies of military management, connections and military units designed to obey military administration bodies The Armed Forces of Ukraine in the special period and the execution of the tasks of the territorial defence;
3) defines the order of national standards and codes of established practice to ensure the needs of the National Guard of Ukraine during its preparation and involvement in the execution of tasks from defence of Ukraine;
4) approve the only requirements for the qualitative characteristics of military weaponry and military equipment and the estimated number of major types of military equipment and military equipment required to equip the Armed Forces of Ukraine and National Guard of Ukraine, according to the outstanding needs and priorities;
5) develops the only military equipment and military equipment for the Armed Forces of Ukraine and the National Guard of Ukraine;
6) provides within the competence of the building of the National Guard of Ukraine by servicemen who undergo a string military service, military service behind the prize during mobilisation, for the special period, military service of the prize persons. Officer:
7) participates in mobilization and demobilization at the National Guard of Ukraine;
8) agree to the tactical and technical (technical) tasks of performing research and design work to develop new samples of military weapons, military equipment and military weapons, their constituent parts, and modernization of the specified samples for The needs of the National Guard of Ukraine
9) carries out methodological, methodical and scientific support of the mobilization training of the National Guard of Ukraine;
"10) shall exercise other powers in the sphere of defence of the state prescribed by law."
4. In Article 7 :
(1) Parts First and Second Set out in this edition:
" 1. The immediate military leadership of the National Guard of Ukraine is under command of the National Guard of Ukraine, which is simultaneously the head of the main body of the military administration of the National Guard of Ukraine.
The immediate military leadership of the National Guard of Ukraine is activities aimed at taking measures against the development of the National Guard of Ukraine, its technical equipment, training and comprehensive security, the definition of Application, as well as the management of it during service and combat operations.
2. The Commander of the National Guard of Ukraine is appointed by the President of Ukraine for the post of Minister of Internal Affairs of Ukraine and is dismissed from the post of the President of Ukraine ";
2) paragraph 2 parts of the third set in such an editorial:
"First deputy and deputy commander of the National Guard of Ukraine shall be appointed to the post by the commander of the National Guard of Ukraine and will be dismissed from office by the President of Ukraine";
3) Part three Add two paragraphs to the third and fourth of the following:
" The leaders of the structural units of the main body of the military administration of the National Guard of Ukraine, bodies of military administration of operational and territorial institutions of the National Guard of Ukraine are appointed For the approval of the President of Ukraine and is dismissed from the post of Minister of Internal Affairs of Ukraine.
The leaders of the military units (units) of the National Guard of Ukraine are appointed by the agreement with the Ministry of Internal Affairs of Ukraine and will be dismissed from the position of the commander of the National Guard of Ukraine ";
4) part of fourth replace two parts of this content:
" 4. In the event of an impossibility, the commander of the National Guard of Ukraine of service duties (assignment, illness, other important reasons) his duties are temporarily executed by the first deputy commander of the National Guard of Ukraine.
5. In the case of the dismissal of the commander of the National Guard of Ukraine from office until the appointment of another person to the post, the President of Ukraine shall appoint the Acting Commander of the National Guard of Ukraine ".
5. Part 4 Article 8:
" 4. The authority of the Chief of Staff of the Military Office of the operational and territorial union of the National Guard of Ukraine on the leadership of this union and the body of military management, its rights and duties are determined by the Body The military administration of the operational and territorial union, which is approved by the Ministry of Internal Affairs of Ukraine. "
6. Fifth part Article 9 of the following paragraphs:
" In cases stipulated Law of Ukraine "Military duty and military service", foreigners and persons without citizenship, who are in the territory of Ukraine, can in voluntary order (under contract) pass military service to the National Guard of Ukraine.
Foreigners and persons without citizenship, which according to the law for the first time are accepted for military service to the National Guard of Ukraine, take official commitments unabnormally. The Constitution and the laws of Ukraine, are conscientious to the responsibilities of military service.
A list of posts that cannot be replaced by foreigners or persons without citizenship is determined by the Ministry of Internal Affairs of Ukraine. "
7. In Article 10 :
1) in Part One The words "in higher education" will be replaced by the words "in higher military institutions";
2) complement the part of the fifth of such content:
" 5. The standards of higher education under each military specialty, prepared by the training specialists for the National Guard of Ukraine, develop the central executive body in the field of education and science with regard to the proposals of the Ministry of the Interior "The Ministry of Defence of Ukraine".
8. In Part One Article 12:
in Paragraph 2 "During official visits and other measures involving the officials of Ukraine and foreign states, which is carried out by the State Guard in Ukraine" to exclude;
para. 7 Set out in this edition:
" (7) provide protection of public authorities, the exercise of public protection of state authorities and officials, and to participate in public order protection during official visits and other activities involving officials; Ukraine and the foreign countries on which the State Guard is carried out on the territory of Ukraine ";
in Paragraph 17 The words "are accompanied by violence against citizens" to exclude;
Complement paragraph 22 of this content:
"(22) to engage in the end of group countering actions taken into custody, convicts, and in liquidation of their consequences in the institutions of the previous sentence, the execution of punishment."
9. Article 13 Set out in this edition:
" Article 13. Rights of the Armed Forces of the National Guard of Ukraine
1. Military officers of the National Guard of Ukraine to carry out the tasks of the National Guard of Ukraine to have the right to:
1) in the event of engaging in performing public order tasks to exercise preventive and police coercion. Law of Ukraine "National Police";
2) to delay, deliver and/or transfer to police, administration of facilities protected by the National Guard of Ukraine, persons who have violated the established resale regime or have committed an attack on an object protected by the National Guard of Ukraine;
(3) To delay, deliver and/or transfer to the authorized state bodies of armed persons while committing anti-terrorist operations;
(4) To apprehend persons suspected of committing criminal offences, and persons who have committed the escape from prison places, deserters;
5) unblock and/or stop opposing actions in case of blocking military management, connections, military units (units), training military units (centers), bases, health facilities and the National Guard agencies. Ukraine, military columns, transport of the National Guard of Ukraine, capture of important facilities or locations that threaten the security of citizens and violates the normal activities of the authorities and local governments;
6) to conduct a review of vehicles and cargo during the execution of the National Guard of Ukraine on her tasks in the area of the anti-terrorist operation or special operation provided by paragraph 10 of the first Article 2 of this The law, as well as on the checkpoints of the facilities protected by the National Guard of Ukraine;
7) on the grounds stipulated by this and other laws, apply measures of physical influence, and to store, carry and apply special means and weapons;
8) during the execution of the service duties of all types of public transport of urban, suburban and local communication (except by taxi);
9) seamlessly use in urgent cases of electronic communication of the central and local executive bodies, local governments, businesses, institutions and organizations regardless of the form of ownership, and communication means, That which belongs to the physical persons, is by their consent;
10) use with the following reimburse costs and damages in the order specified by the Cabinet of Ministers of Ukraine, transport and floating means of physical or legal persons regardless of the form of property (other than transport) offices and consular institutions of foreign states in Ukraine, vehicles of special purpose vehicles) to end crime, travel to the scene of the event, natural disaster, escort to the treatment facilities of persons needing urgent action. medical care, for prosecution of offenders and their escorts or Convoys to the territorial bodies of the National Police;
11) to interact with authorized officials of law enforcement agencies, the Armed Forces of Ukraine, others formed according to the laws of Ukraine of military formations, the prosecution bodies, other government authorities, local governments. "
10. In Article 15 :
1) in Part 2 "pre-hospital" should be replaced by "medical";
2) in part three :
"Special means" in addition to "other means of individual protection (helmets, piercings and other special equipment)";
in Paragraph 2 the word "necessary" to replace the word "pre-medical".
11. In Article 16 :
1) in Part One the words "if other ways of ending criminal offences and other offenses do not provide the execution of the official duties" to be replaced by the words " if application of other measures does not provide the execution of the powers laid on by the law ";
2) part two Set out in this edition:
" 2. Prohibited application of physical impact measures to women with explicit signs of pregnancy, low-age persons, persons with explicit signs of limited opportunity or old age, other than cases of an armed or group attack, the study of armed resistance A serviceman of the National Guard of Ukraine, which threatens his life and health of and/or other persons, if to repel such an attack or resistance in other ways and means impossible. "
12. Article 17 :
1) in Part One :
The first after the words "did not give the desired results" to be supplemented with the words "or if it is not possible to apply another event";
in Paragraph 1 "National police, persons" to be replaced by the words "workers of state authorities";
in Paragraph 4 The words "to the internal affairs" should be replaced by the words "to the territorial bodies of the National Police";
para. 5 Complement the words "unlocking";
Complement the paragraph of the tenth such content:
"A military officer has the right to apply special means in all cases where firearms are allowed in accordance with Article 18 of this Act";
2) paragraph 2 part of the third to replace two new paragraphs of this content:
" During the non-service operation of the military unit (unit, group), the decision on the application of special means is determined by the established order of the service person responsible for the provision of public order, or head of operation or Commander of the corresponding military unit (unit, group) of the National Guard of Ukraine.
Military personnel who act individually make decisions themselves ";
3) para. 1 Part of the fourth edition:
" (1) To women with explicit signs of pregnancy, young persons, persons with explicit signs of disabilities or old age, in addition to the cases of armed or group assault, the training of armed resistance to the serviceman of the National Guard of Ukraine, are threatening his life and health of and/or other persons if to repel such an attack or resistance in other ways and by means of impossible ";
4) complement the part of the fifth of such content:
" 5. Standards of belonging, accounting, operation, maintenance, storage, retirement, destruction of special means, security measures under use are determined by the Ministry of Internal Affairs of Ukraine. "
13. In Article 18 :
1) in Part One :
in Paragraph 1 the word "armed" to exclude;
Items 3 and 4 Set out in this edition:
" (3) reflection of the attack on military administration, military towns of the National Guard of Ukraine, military columns, transport of the National Guard of Ukraine, facilities protected by the National Guard of Ukraine, housing premises, premises of the state and utilities, institutions and organizations, and the release of them in the event of a seizure;
(4) The detention of a person whose armed resistance threatens the use of weapons and other items threatening the life and health of the serviceman of the National Guard of Ukraine and other individuals, or detention of a person who has been arrested serious or especially serious crime and who is trying to escape ";
para. 8 Set out in this edition:
" (8) of a vehicle stop by its damage, if the driver is done by threatening the life or health of the people or personnel of the National Guard of Ukraine, and to stop the vehicle during the introduction and exercise of the vehicle. Measures of the legal regime of martial or emergency, or in the area of an anti-terrorist operation or special operation provided by paragraph 10 of the first Article 2 of this Act, if the driver refuses to A soldier for a stop ";
Complement paragraphs 10 and 11 of this content:
" 10) to eliminate the real threat of life and security of persons, the interests of society and the state during the execution of service tasks in the area of the anti-terrorist operation;
11) ensuring the execution of the tasks laid at the National Guard of Ukraine to the tasks of the resurgent armed aggression against Ukraine ";
2) para. 1 parts of the third set in such an editorial:
" (1) To women with explicit signs of pregnancy, young persons, persons with explicit signs of disabilities or old age, in addition to the cases of armed or group assault, the training of armed resistance to the serviceman of the National Guard of Ukraine, are threatening his life and health of and/or other persons if to repel such an attack or resistance in other ways and by means of impossible ";
3) part of fourth Set out in this edition:
" 4. It is forbidden to apply and use firearms in places where other persons may be harmed, other than the need for a reflection of the attack if the danger under the circumstances could not be removed by other means, and the damage is a shame. Significantly less than outright ";
4) complement the parts of the fifth to the seventh of such content:
" 5. A soldier has the right to recover a firearm and bring her into readiness if he believes that there may be grounds for her application.
6. The application of firearms without warning is allowed:
1) in an attempt by a person detained by a military officer with a firearm in his hands, to approach him, reducing his distance, or touching the weapon;
2) in the event of an armed attack, including a sudden attack using combat equipment, vehicles or other means that threaten the life or health of people;
(3) If a person, detained or arrested for committing a particularly serious or serious crime, escapes with the application of a vehicle;
(4) If the person is to fix an armed resistance;
5) to stop trying to possess firearms, armaments, vehicles, combat vehicles;
6) to eliminate the real threat of life and security of persons, the interests of society and the state during the execution of office tasks in the area of the anti-terrorist operation;
(7) To ensure the execution of the National Guard of Ukraine tasks on the rejection of armed aggression against Ukraine.
7. Standards of belonging, the order of accounting, operation, maintenance, storage, maintenance of weapons and ammunition to it, security measures under use are determined by the Ministry of Internal Affairs of Ukraine. "
14. In Article 19 :
1) in Part One :
Items 3 and 4 Set out in this edition:
" (3) stops of armored and combat vehicles, vehicles during the introduction and exercise of the legal regime of martial or emergency, in the area of the anti-terrorist operation or special operation provided by paragraph 10 parts of the first Article 2 of this Act, if the driver refuses to comply with the legal requirements to stop;
4) reflection of a group armed attack using armoured vehicles and armored vehicles on military administration, military towns of the National Guard of Ukraine, columns, transport of the National Guard of Ukraine, objects, Special goods protected by the National Guard of Ukraine, their unlocking ";
Complement paragraphs 9 and 10 of the following:
" 9) to eliminate the real threat of life and security of persons, the interests of society and the state during the execution of service tasks in the area of the anti-terrorist operation;
"(10) To ensure that the National Guard of Ukraine has to be executed on the duty of armed aggression against Ukraine";
2) para. 1 Parts of the second set in this edition:
" (1) To women with explicit signs of pregnancy, young persons, persons with explicit signs of disabilities or old age, in addition to the cases of armed or group assault, the training of armed resistance to the serviceman of the National Guard of Ukraine, are threatening his life and health of and/or other persons if to repel such an attack or resistance in other ways and by means of impossible ";
3) complement the part of the third such content:
" 3. Standards of equipment and combat equipment, accounting, operation, maintenance, storage, maintenance are determined by the Ministry of Internal Affairs of Ukraine. "
15. Part three Article 20 read as follows:
" 3. Members of the National Guard of Ukraine have the right to wear military uniforms with signs of distinction, samples of which and general requirements for signs of distinction are being developed and approved by the Ministry of Defense of Ukraine.
Samples of special clothing, shoes and equipment of servicemen of the National Guard of Ukraine, individual protection and other items of their substance are being developed by the Ministry of Internal Affairs of Ukraine and approved by the Ministry of Internal Affairs. Defence of Ukraine
The rules of wearing military uniforms and samples of the signs of distinction for servicemen of the National Guard of Ukraine are developed and approved by the Ministry of Internal Affairs of Ukraine.
The standard of providing military personnel of the National Guard of Ukraine is a military form of clothing, special clothing, footwear and equipment, and other items of material are defined by the Ministry of Internal Affairs of Ukraine.
Members of the National Guard of Ukraine are issued a service ID, a sample of which is approved by the Ministry of Internal Affairs of Ukraine. "
16. Part three Article 21 exclude.
17. In Article 23 :
1) first part Set out in this edition:
" 1. Material and technical provision of military administration of operational and territorial associations of the National Guard of Ukraine, connections, military units and units, higher military educational institutions, training military parts (centres), bases, health facilities, institutions of the National Guard of Ukraine is carried out by the main body of military administration of the National Guard of Ukraine and other executive authorities through the relevant military units of the National Guard of Ukraine in The funds that are predicted to be assigned to the target ";
2) Part three Set out in this edition:
" 3. Construction or provision of premises for placement and functioning of the main body of military administration of the National Guard of Ukraine, bodies of military administration of operational and territorial associations of the National Guard of Ukraine, connections, military parts (units), higher military educational institutions, training military parts (centres), bases, health facilities and institutions of the National Guard of Ukraine are carried out on funds of the State Budget of Ukraine other than military parts (units) carrying out the protection of important public facilities and special loads.
Construction or provision of premises for the placement and operation of military units (units) carrying out the protection of important public facilities and special goods and the maintenance of premises are carried out under established legislation Standards by the central authorities of the executive branch, enterprises, institutions and organizations which belong to entities protected by the National Guard of Ukraine ";
3) part of fourth exclude;
4) Part 5 Complement the paragraph with another such content:
" The National Guard of Ukraine is exempt from the transfer to local government authorities or local government authorities of the part of housing and spending to develop the infrastructure of the city built by targeted state capital deposits and "Other funds".
18. In Chapter VIII "End and transitional provisions":
1) in Paragraph 3 :
sub-paragraph 1 Set out in this edition:
" (1) Main body of military administration of the National Guard of Ukraine, organs of military administration of the operational and territorial associations of the National Guard of Ukraine, connection, military units, higher military training establishments, training military parts (centers), bases, institutions and institutions of the National Guard of Ukraine are the legal successors of the relevant bodies of military administration, connections, military parts, higher educational institutions, training military units, bodies and units Ministry of Internal Affairs of the Ministry of Internal Affairs Ukraine. The acts on the right to permanent use of land and property certificates do not need to be redecorated ";
sub-paragraph 2 exclude;
2) complement paragraphs 3 - 1 -3 - 5 such content:
" 3 - 1 . To set that temporarily until the definition of the legislative level of another subject, the relevant functions of the National Guard of Ukraine continue:
Convoys of persons taken into custody and/or sentenced to imprisonment, to the Supreme Court of Ukraine, High Specialized Court of Ukraine on the consideration of civil and criminal cases, appeals courts in civil and criminal cases, local General courts whose list is defined by the Ministry of Internal Affairs of Ukraine, and the relevant institutions of execution of punishment, prior imprisonment (other than the gauttvacht) and the insulators of temporary detention, as well as guarding them in the courtroom;
Conveying persons taken into custody and/or sentenced to imprisonment during their extradition;
to participate in the search, persecution and detention of persons taken into custody, persons convicted of imprisonment or arrest that had escaped from custody.
3 - 2 Military units (units) of the National Guard of Ukraine, carrying out functions provided by paragraph 3 - 1 In this section, during the actions of martial law remain in the submission of the Ministry of Internal Affairs of Ukraine.
The organization's order of execution of specified functions, including the order of capture and removal of service by the National Guard of Ukraine of the courts, the organization of military and special transportation is approved by the Ministry of Internal Affairs of Ukraine.
3 - 3 Servicemen of the National Guard of Ukraine during the convoys of persons taken into custody and/or sentenced to imprisonment, including during their extradition, as well as the protection of persons held in custody, during court meetings and when taking part in the search, the persecution and detention of those persons who have escaped from custody are entitled to:
apply within the competence of preventive and police measures of coercion, defined Law of Ukraine "National Police";
to conduct a search of persons taken into custody, a review of the belongings of these individuals and to remove prohibited items, items and documents and to transfer them to an authorized person. A personal search is conducted by persons of the same sex with persons taken into custody.
3 - 4 During the convoys of persons taken into custody and/or sentenced to incarceration, including during their extradition, and during the protection of persons held in custody, during court meetings, military personnel of the National Guard. The government of Ukraine applies to the following cases:
The training of the physical resistance of the administration of the institution of execution of punishment and/or military personnel of the National Guard of Ukraine;
Refusal to go under guard-at the time of convection;
Attempts to commit suicide or commit suicide, in the event of an attack on convicts and other persons-to the reassuring of the person;
Taking the court to the verdict of life imprisonment-when the sentence is declared and is done by the convoys of these convicts;
A convoy of a person who committed an escape to the guards (guard), after the detention.
In the case of the lack of bonds, the military personnel of the National Guard of Ukraine have the right to use the manual for binding.
During feeding, knowledge of natural needs, the passage of sanitary handling of persons taken into custody, and in case of the threat of their life or sudden illness, the handcuffs are removed by the instructions of the person who ordered them application, or senior chief, and under the guidance of the warlord, which is conserved (security).
For the convoys of persons involved in custody sentenced to prison or arrest, and to participate in the search, persecution and apprehension of these individuals, service dogs may be used in the event of their escape.
3 - 5 In addition to the grounds identified by Article 18 of this Act, servicemen of the National Guard of Ukraine, during the convoys of persons taken into custody and/or sentenced to imprisonment, including during their extradition, as well as for safeguarding Persons who are held in custody, during court meetings, are entitled to personally or in the unit of a unit to use a firearm to apprehend a person trying to escape from custody.
In the mentioned case, the right to use firearms occurs when such individuals cross the security line, which is:
in the execution institutions-the main fence, in the case of its absence-the limit of the object marked by the moving protective means or the index of the inscription "forbidden zone-the passage is prohibited";
on vehicles-walls (borts), floor, roof of car, car;
in rooms (rooms) of the trial and chamber for the defendants (convicts)-walls, floors, ceiling, doors and windows of rooms (rooms, cameras);
During the time of the convoys, the order of the nearest to the columns of the chatrooms is the line.
The line of security is indicated on the guard scheme and declared to be convoys. "
II. Final and Transitional Provisions
1. This Act will take effect from the day, the following day by the day of its publication.
2. Prior to the introduction of the legislation of Ukraine, in compliance with this Law and other regulations passed to force under this Act act in part that does not contradict the Law.
3. The Cabinet of Ministers of Ukraine in the lunar line:
1) bring their regulatory and legal acts into compliance with this Act;
(2) To ensure the revision and guidance of the ministries and other central executive bodies of their regulatory and legal acts in compliance with the Act.
