Key Benefits:
On Amendments to Certain Legislative Acts of Ukraine in relation to the adoption of the Criminal Procedure Code of Ukraine
(Information Of The Verkhovna Rada (VR), 2013, No. 21, pp. 208)
{With changes under the Laws
No. 5076-VI of 05.07.2012 , VR, 2013, No. 27, pp. 282
No. 5083-VI of 05.07.2012 , VR, 2013, No. 33, pp. 435
Code
No. 5403-VI of 02.10.2012 , VR, 2013, No. 34-35, pp. 458
Laws
No. 406-VII of 04.07.2013 , BBR, 2014, No. 20-21, pp. 712
No. 1697-VII of 14.10.2014 , BBR, 2015, No. 2-3, pp. 12
No. 1702-VII of 14.10.2014 , BBR, 2014, No. 50-51, pp. 2057
No. 389-VIII of 12.05.2015 , BBR, 2015, No. 28, pp. 250}
Verkhovna Rada of Ukraine Orders:
I. Amend the following legislative acts of Ukraine:
1. In Tax Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2011, No. 13-17, art. 112):
(1) Paragraph 56.22 of Article 56 is set out in such an editorial:
" 56.22. If the taxpayer is appealing the decision of the tax authority to the administrative order to the controlling bodies and/or to the court, the message of the person on suspicion of committing criminal offence in the form of tax evasion is not possible. Based on such decisions of the controlling body until the end of the administrative appeal procedure or to the final decision of the case by the court. This rule does not apply to cases where such a suspicion is based not only on the decision-making body, but also confirmed by additionally collected evidence according to the requirements of the criminal procedure law of Ukraine.
The onset of pre-trial investigations regarding a taxpayer or a suspicion of committing a criminal offense to his service (officials) cannot be basis to stop the proceedings or leave without consideration of complaints. (a lawsuit) such a taxpayer to the court within the limits of the appellate agreement ";
(2) In paragraph 58.4 of Article 58:
the paragraph of the first edition:
" 58.4. In the case of trial for the outcome of criminal proceedings on criminal offences, the subject of which taxes, the assembly, was issued by the indictment of the legal force, or the decision to shut down the criminal proceedings in the case of criminal proceedings. non-mobilizing grounds, the relevant control body is required to determine the tax obligations of the taxpayer and the meeting, the non-payment of tax obligations under which the judicial decision is established, and to accept the tax liability The decision to account for the taxpayer of such tax obligations and The use of penalty (financial) sanctions in the size determined by this Code ";
in a paragraph to the second sentence, "by the decision of the court decision, shall be prohibited by the decision of the lawful force by the decision of the court in the case, or the decision to close such a criminal case under the non-government basis" to replace the words "by the words" by the court decision, is prohibited by As a legal decision, the judicial decision in criminal failure or sentencing has been evasive about the closure of such criminal proceedings in the non-reabated basis ";
in a paragraph of the third word "violation of criminal case", replace "the message of the person on suspicion of committing a criminal offence";
Sub-paragraph 78.1.11., to read:
"78.1.11. received the court decision of the court (investigator judge) on the appointment of a inspection or regulation of an authority to carry out an expeditious activity, the investigator, the prosecutor, in accordance with the law";
In paragraph 2, paragraph 78.1.12 of the words "or violated the criminal case" should be replaced by the words "or they are reported to be suspected of committing criminal offences";
In paragraph 78.2, the words "violated criminal case", replace the words "criminal proceedings";
" 78.3. The tax police workers are prohibited from participating in the planned and out-of-planned visa checks of taxpayers held by the State Tax Service, if such checks are not related to the conduct of operational and emergency services. On the case of criminal proceedings against such taxpayers (officials of the taxpayers ' officials) which are in their failure. Verification of taxpayers ' taxpayers is held within the powers defined by the law, and in the order stipulated. The Law of Ukraine "On operational-talk activities" , Criminal Procedure Code of Ukraine and other laws of Ukraine ";
(4) In paragraph 85.5 of Article 85, the words "criminal procedure" shall be replaced by the words "criminal procedure law";
(5) In paragraph 86.9 of Article 86, the words "Criminal Procedure Law" in all differences replace the words "criminal procedure law" in the appropriate case;
(6) In sub-paragraph 102.2.2, paragraph 102.2 of the 102 words "of the criminal case, the decision on her" to be replaced by the words "the criminal proceedings have been made up of the decision of his";
(7) In subparagraphs 159.3.10 and 159.3.11, paragraph 159.3 of Article 159 of the words "Criminal Procedure Code of Ukraine", replace the words "Criminal Procedure Code of Ukraine";
(8) In the paragraph of the fifth sub-item 164.2.14, paragraph 164.2 of article 164, the words "disknowledge, pre-trial investigation" would be replaced by the words "which shall carry out expeditious activities, the bodies of the pre-trial investigation".
2. In Criminal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2004, No. 3-4, art. 21):
(1) In part of the first article 1, the word "crimes" should be replaced by "criminal offences";
(2) In part of Article 6, the word "crime" is replaced by the words "criminal offence";
(3) In part of the second article 35, part one of Article 40, part of seventh article 46, part of the third article 154 and part of sixth Article 166, the words "criminally procedural" would be replaced by the words "criminal procedure";
(4) Part of the third article 43 words "from another criminal case" to be replaced by the words "in other criminal proceedings";
(5) In part of the second article 57, the word "case" is replaced by the words "criminal proceedings";
(6) In part 2 of the second article, 88 words "in one case" to be replaced by the words "in one criminal proceedings";
(7) The text of Article 90 shall be taught in such an editorial:
" In order set Criminal Procedure Code of Ukraine , sentenced in case of the need for investigative action in criminal proceedings against a criminal offence committed by another person or the same person for which she was not convicted or due to trial proceedings may be temporarily suspended. left in the investigation of the insulator or transferred from the arrest house, the corrective centre, the disciplinary battalion or the colony to the investigator ";
8) in part of the first article 104:
in a paragraph of the third word "detection, warning and disclosure", replace "warning and detection";
Paragraph 5, the fifth paragraph, after the words "prompt activities", complemented by the words "or criminal proceedings";
(9) Part of the fifth article 113, to be published in this edition:
" 5. The correspondent sentenced to address the defender in criminal proceedings that exercise his powers according to the report. Criminal Procedure Code of Ukraine , the view is not subject to and is sent to the address within the day of its feed. A correspondent who is convicted of such a defender is not subject to the view ";
(10) In paragraph 5 of Article 152, replace "criminal case" with the words "criminal proceedings".
3. In Codes of Ukraine on administrative offences (Information from the Supreme Council of the Ukrainian SSR, 1984, appendix to No. 51, st. 1122):
(1) In part one article 15, the words "concerning the representation of the body of knowledge, of the investigator" to exclude;
(2) Part of the fourth article of Article 38 of the Board of Editors:
"In the case of the closure of criminal proceedings, but in the presence of a sign of administrative offences, the administrative deferment may not be followed by a month from the day of the decision on the closure of the criminal proceedings";
(3) the name and paragraph of the first article 185 - 4 Set out in this edition:
" Article 185 - 4 . The interpretation of the witness, the victim, the expert, the translator from the evidence to the authorities of the investigation or the prosecutor
The interpretation of the witness, the victim, the expert, the translator from the evidence to the bodies of the pre-trial investigation or the prosecutor ";
The first after the words of the "people's seeker" to supplement the word "jury", and the words "on it" to be replaced by the words "on them";
the name of the editor in such an editorial:
" Article 185 - 6 . The non-life of a separate court or a separate decision of the judge or protest, the spellings or the submission of the prosecutor;
The first part of the second chapter is read:
"Leaving the official without considering the protest, the title or the submission of the prosecutor, and equally untimely response to the submission, the protest or the caption";
(6) In paragraph 8 of Article 247, the words "violation on the fact of a criminal case" would be replaced by the words "a notice of suspected person in criminal proceedings under a given fact";
(7) Article 253 of the Board of Editors:
" Article 253. Transfer of materials to the prosecutor, the authority of the pre-trial investigation
If an organ (office person) is considered to conclude that there is evidence of a criminal offence, it conveys the materials of the prosecutor or an organ of the pre-trial investigation ";
(8) Paragraph 8 of the first article 255 is set out in this edition:
" 8) investigator, prosecutor (part four of Article 184, Article 185) - 4 , part of the second article 185 - 6 Article 185 - 8 , 185 - 11 ) ";
(9) Article 263 of the article is as follows:
" Article 263. Administrative detention lines
The administrative detention of a person who committed an administrative offense may take no more than three hours.
Persons who have violated the border regime or regime in the points of pass through the state border of Ukraine may be delayed for up to three hours for the establishment of a protocol, and in the necessary cases to establish a person and find out the circumstances of the offence- up to three dibs with a message of the prosecutor ' s office for twenty-four hours from the time of the detention.
Persons who have violated the rules of drug use and psychotropic substances may be delayed by up to three hours for the protocol, and in the necessary cases for the installation of the person, conducting a medical review, finding out the circumstances of the acquisition The removal of narcotic drugs and psychotropic substances and their research-to three dibs with a message of the prosecutor's written within twenty-four hours from the time of detention ";
(10) In part 2 of the second article 284, the words "investigation or knowledge" would be replaced by the word "investigation".
4. In Penal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2001, No. 25-26, art. 131):
(1) In Article 48, the words "inquiry or review of the case in court" will replace the words "criminal proceedings";
(2) Part of the second article 53, after the words "guilty within thirty", should be supplemented with the words "untaxable minimum income minimums";
(3) Article 65 is supplemented by a part of the fifth such content:
" 5. In the case of approval by the growing reconciliation agreement or the plea of guilt, the court assigns the punishment agreed by the parties to the agreement ";
after part of the first complement to a new part of this content:
" 2. The Court accepts exemption from probation, in the case of approval of a reconciliation agreement or a plea for guilt, if the parties agreement agreed upon the sentencing of corrective works, a service limitation for the military personnel, limit of will, imprisonment for a period of no more than five years, and a concerted exemption for the punishment of the punishment. "
In this regard, parts of the second and third are considered third and fourth respectively;
Part of the third set in this edition:
" 3. In cases that are predicted to be the first, second of this article, the court decrees to free the sentenced sentence of a prescribed punishment if he is for a definite isp line not to commit a new crime and perform the duties placed on him. The length of the ispittal and duties that rely on the person fired from the conduct of punishment with the test are determined by the court ";
(5) In part of the third article 91, the words "Criminal Procedure" replace the words "Criminal Procedure";
(6) Part of the sixth article 369 is taught in such an editorial:
" 6. A person who offered or gave a bribe is exempt from criminal liability if given a place of extortion to a bribe or if after giving bribes she voluntarily stated what had happened, to her suspicions of study. the crime of an organ, a person who is endowed by the law of the right to exercise suspicion ";
in the paragraph of the first part of the first word "person who fails to understand" exclude;
in the paragraph of the first part of the second word "crime", replace the words "criminal offence";
(8) complement of articles 381 - 1 and 389 - 1 such content:
" Article 381 - 1 . Failure to follow the prosecutor's investigation
1. A systematic non-execution of the investigating authority of the pre-trial investigation of the legitimate instructions of the prosecutor given by him in written Criminal Procedure Code of Ukraine Order of the United States of America
Punishable by a fine of three hundred to five hundred uncharged minimum income minimum income citizens or a limit of will for up to three years, with the penalty to hold certain positions or engage in specific activities for up to two years or without such a ";
" Article 389 - 1 . Intentional non-compliance with the reconciliation agreement or the recognition of the perpetrators
1. Intentional non-fulfillment of a condemned agreement on reconciliation or recognition
punishable by arrest for up to six months or a limit of will for a period of up to three years ";
(9) In the paragraph of the first part of the first article 383, the words "the body of knowledge" would be replaced by the words "organ of pre-trial investigation";
The first part of the first chapter is read:
" 1. Refusal to testify or refusal of an expert or interpreter for the most important reasons for the execution of the duties in court or during the proceedings of the investigation, the implementation of executive proceedings, the investigation of the provisional agenda The Investigative Commission of the Verkhovna Rada of Ukraine ";
Part of the second word "dignizance, pre-trial investigation" would be replaced by the words "pre-trial investigation";
(11) In the paragraph of the first article 386, the word "investigation" would be replaced by the word "investigation";
in the name of the word "pre-trial investigation or dignizance" to replace the words "expeditious activities, pre-trial investigation";
The first part of the first chapter is read:
" 1. Dissenting without the permission of the prosecutor, investigator or person who failed the operational and investigative activities, data of expeditious activity, or pre-trial investigation of a person warned in the prescribed order of duty not to speak such data ";
The first part of the second chapter is read:
" 2. Disclosure of operational-search activities, pre-trial investigations committed by a judge, prosecutors, investigators, an employee of an operational-dismal body, regardless of whether or not the person has taken direct involvement in the operational-solving activities, A trial investigation, if the dissent data is a disgrace to a person, humiliate her honor and dignity. "
(13) The paragraph of the first part of the first article of 426 is set out in this edition:
" 1. Intentional non-infringement of a crime committed by the subordinate or unauthorised military service to the authority of pre-judicial inquiry into the reporting of a subordinate who committed a criminal offence, and another deliberate failure to the military. A civil servant that she had to do with her official duties was to perform if it inflicted a substantial harm. "
5. In paragraph 2 of part of the second article 65 Code of Administrative Procedure of Ukraine (Information of the Verkhovna Rada of Ukraine, 2005, No. 35-37, p. 446) The words "criminal cases" should be replaced by "criminal proceedings".
6. In Civil Procedure Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2004, No. 40-42, art. 492):
(1) In part of the fourth article 110, the words "the body of knowledge, pre-trial investigation, the prosecutor's office, or the court", replace "the body carrying out of operation, the judicial investigation, the prosecutor's office or the court";
(2) In part of the second article, 120 words "bodies of knowledge, pre-trial investigation, prosecutor's office or court" to be replaced by the words "bodies that carry out expeditious activities, expeditious investigation, prosecutor's office or court".
7. In Civil Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 40-44, art. 356):
(1) Part of the second article 265 is taught in such an editorial:
" 2. If the court left without consideration of the lawsuit filed under criminal proceedings, the day from the day of the suit of legal action to the court decision, which was left without consideration, is not counted to the statute of limitations.
If a portion of the remaining line is less than six months, it is lengthened to six months ";
(2) In part 5 of Article 306, the words "whether to find the truth during the investigation of the criminal case" to be replaced by the words "or during criminal proceedings";
(3) Paragraph 2 of the second Article 1167 shall be taught in such an editorial:
" (2) If harm is caused by the physical person due to its illegal conviction, illegal influx to criminal liability, illegal application of a precaution, illegal detention, illegal imposition of administrative lesion in criminal law. the form of arrest or corrective works ";
(4) Article 1176 is set out in such an editorial:
" Article 1176. Damage caused by illegal decisions, actions or inactivity of an exercise body, judicial investigation, prosecution, prosecution or court
1. A shame, inflated by a physical person as a result of its illegal conviction, illegal influx to criminal liability, illegal application of a prevention event, illegal detention, illegal imposition of administrative charging in The form of arrest or acquittal is damaged by the state in its entirety, regardless of the fault of the officials and officers of the body responsible for expeditious activities, the prosecution, the prosecutor's office, or the court.
2. The right to reparation, inflicted by the physical person unlawful by the actions of an organ, carrying out an expeditious investigation, the prosecution, the prosecutor's office or the court, occurs in cases prescribed by the law.
3. If criminal proceedings are closed on the basis of the amnesty or act of pardon, the right to reparation does not arise.
4. The physical person who, in the process of pre-trial investigations or judicial proceedings, prevented the truth from appearing and contributed to unlawful condemnation, unlawful infesration of criminal liability, illegal application A preventive measure, unlawful detention, illegal imposing administrative charges in the form of arrest or corrective service, has no right to reparate.
5. A shame, inflated by a physical or legal entity as a result of a court of unlawful decision in a civil case, is harmed by the state in its entirety in the case of establishing a judge (judges) that affected the decision of an unlawful decision, a crime trial for the indictment of a court of law.
6. A shame, caused by a physical or legal entity, as a result of another unlawful action or inactivity or unlawful decision of an authority to carry out expeditious activities, an authority of pre-trial investigation, prosecutor's office or court, is reclaimed General, common grounds.
7. The procedure for damages inflicted by unlawful decisions, actions or inactivity of an entity that exercise expeditious activities, an organ of pre-trial investigation, prosecution or court, is established by law. "
8. In The Customs Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 38-39, art. 288):
(1) In part of the second article 308, the words "pre-trial investigation in the investigation of criminal cases" would be replaced by the words "pre-trial investigation in relation to criminal proceedings";
(2) Part of the second article 328 of the publication in this edition:
" In case of the closure of criminal proceedings, but in the presence of a sign of a violation of customs regulations, a warning issued, the penalty can be imposed not later as a month from the day of the decision to close the criminal offence; Failure ";
The second part of the first part of the first article is as follows:
" drag a fine of 100 percent of the value of these goods and their confiscation, as well as the confiscation of goods and vehicles with specially made hideouts (takers) used to move goods through Customs border of Ukraine ";
Paragraph 2 of the second part of the second indent:
" drag a fine of 200 percent of the value of these goods and their confiscation, as well as the confiscation of goods and vehicles with specially made hideouts (takers) used to move goods through Customs border of Ukraine ";
(4) In part of the first article of 364, the words "criminal case" are replaced by the words "criminal proceedings";
(5) Paragraph 4 of the first article 391 is excluded.
9. In Family Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 21-22, art. 135):
1) in part of the fourth article 164 of the word "crime, he violates the criminal proceedings" to replace "criminal offences, he writes written about this organ of pre-trial investigation, which is in the order predicted by the Criminal Procedure" The Code of Criminal Investigation of Ukraine ";
2) in part 2 of the second article 228 words "or a criminal case, which is in their failure" to replace the words "case or criminal proceedings".
10. Article 67 Code of Trade-Shipping of Ukraine (Information of the Verkhovna Rada of Ukraine, 1995, No. 47-52, p. 349):
(1) In the name of the word "body of knowledge", replace the words "civil servant, authorized to commit procedural action in criminal proceedings";
(2) Part of the first teaching in such an editorial:
" If the sufferers are in charge, the actions of the law stipulated by the law of Ukraine on criminal liability, the captain of the ship is empowered to commit procedural actions in the order stipulated by the criminal procedure of Ukraine. and the relevant Instructure, which is approved by the Attorney General of Ukraine by the agreement with the central executive body, which provides the formation of public policy in the field of transport, and the central body of the executive branch providing The formation of a public policy on fisheries ";
(3) In part of the second word "materials of knowledge", replace the words "collected materials";
4) in part three of the words "criminal law of Ukraine", replace "the law of Ukraine on criminal responsibility", and the words "criminal procedure"-by the words "criminal procedure".
11. In The Law of Ukraine "On the Judiciary and Status of Judges" (Information of the Verkhovna Rada of Ukraine, 2010, No. 41-45, art. 529 with the following changes):
(1) Article 18 is supplemented by part of the third such content:
" 3. In the local general courts and appellate courts of areas, the cities of Kyiv and Sevastopol, the Court of Appeal of the Autonomous Republic of Crimea acts as a case of criminal proceedings against minors.
Judges (judge), empowered to exercise criminal proceedings against minors, are elected from the judges of the court by the court of judges of the court at the suggestion of the court's head or at the suggestion of any judge of the court, if the judge's proposal the court was not supported, for no more than three years and can be reelected. The number of judges authorized to exercise criminal proceedings against minors is determined separately for each court of the judges of the court. A judge authorized to exercise criminal proceedings against minors may be chosen as a judge with an old job as a judge for at least ten years, the experience of criminal proceedings in court and high moral and professional anchors. In the case of absence in the court of judges with the necessary employment of the judge, the commissioner for criminal proceedings against minors is elected from the number of judges who have the greatest duty as a judge.
Judges authorized to exercise criminal proceedings against minors are not exempt from the execution of the duties of a judge of the appropriate instance, but the exercise is taken into account under the distribution of court cases and has priority ";
2) Article 21 is supplemented by a part of the fifth such content:
" 5. The judges of the local general court are elected by the judge (judge) who enforce the authority on judicial review of the rights, freedoms and interests of persons in criminal proceedings in the order stipulated by the procedural law. The number of investigative judges is determined separately for each court of the judges of the court.
A judge (judge) is elected by the judges of the court at the suggestion of the court's head or at the suggestion of any judge of the court, unless the court's proposal was upheld, for no more than three years, and may be reelected. Prior to the election of the judge, his authority is appointed by the Chief Justice of the Court. The judge is not exempt from the execution of the duties of the First Instance, but the exercise of judicial control over the approval of the rights, freedoms and interests of persons in criminal proceedings is taken into account in the distribution of court cases and has priority ";
3) Part of the first article 24 complement paragraph 8 - 1 such content:
" 8 - 1 ) To consider a meeting of the court of proposals for the number and staff of the investigators ";
(4) Part of the first Article 29 complement paragraph 8 - 1 such content:
" 8 - 1 ) Exercise the authority of the judge and appoints the judges of the Court of Appeals for the exercise of such authority in cases prescribed by the procedural law ";
In part three of the words "Criminal case against a judge may be violated" to replace the words "Judgment may be reported to be suspected of committing a criminal offence";
In part four, the word "motivated" is replaced by the words "motivated petition";
part of the sixth is taught in such an editorial:
" 6. Criminal proceedings against the prosecution of the judge in criminal offences cannot be carried out by the court, in which the accuser shall hold or hold the office of a judge. In the case of the general rules of criminal proceedings against a judge to be carried out by the court in which the defendant is held or held the office of a judge, criminal proceedings are carried out by the courts most territorially. to the court, in which the accuser shall hold or hold the office of a judge, another administrative-territorial unit (Autonomous Republic of Crimea, region, Kiev or Sevastopol) ";
(6) Article 57 of the Board of Editors:
" Article 57. Status of the People ' s Ambush, Jury
1. The People's Office, a jury of a citizen of Ukraine, which in cases defined by the procedural law, decides cases in the court with a judge (judges), providing Constitution of Ukraine The direct participation of the people in the process of justice.
2. People ' s meetings, the jury during the review and decision of the cases enjoy the powers of the judge. People's meetings, jurors perform duties defined by paragraphs 1-5 of the fourth article 54 of this Act ";
(7) complement article 58 - 1 such content:
" Article 58 - 1 . List of jurors
1. To approve a list of jurors, the territorial administration of the State Judicial Administration of Ukraine addresses the presentation to the relevant local council, which forms and approves in the amount specified in the publication, the list of citizens who are permanently residing The territory on which the jurisdiction of the court is distributed, comply with the requirements of Article 59 of this Act and given consent to be sworn in.
2. In the case of non-adoption by the local council for two months since obtaining a decision on the approval list of the jury of the State Judicial Administration of Ukraine, appeals to the approval of the jury list It's a suitable regional council.
3. A list of jurors is approved once every two years and is reviewed in the case of the need for the provision of territorial administration of the State Judicial Administration of Ukraine ";
part of the first after the words "People's House" to complement the word "jurors";
the paragraph of the first, after the words "people's meetings", in addition to the words "and lists of jurors";
Item 2 should be supplemented by the word "jury";
Part three after the words "people's meetings" would be supplemented with the words "or a jury list";
part of the first teaching in such an editorial:
" 1. The person who according to this Act cannot be included on the list of people's meetings or jury list, but is included, on the basis of the duties of the People's Assembly or the jury of the relevant court ";
Paragraph 1 of the first part of the second and part of the third after the words "people's player" should be supplemented by the word "jury";
" 4. The enforcement of the duties of a people's jury, a jury in a particular case, including a return (self-rule), is carried out in a manner prescribed by the procedural law ";
the name after the words "People's Ambassadors" to supplement the word "jurors";
after part of the second complement of the new part of this content:
" 3. Taking jurors to the fulfillment of the duties in court and their challenge shall be carried out in a manner defined by the procedural law. "
In this regard, parts of the third and fourth are counted as part of fourth and fifth respectively;
Part of the fourth after the words "the People's Council" should be supplemented by the word "jury";
a part of the fifth after the words "People's Committee" to complement the word "jurors";
To supplement the word "jury";
the first sentence of a part of the first set in this edition:
" 1. People's meetings, a jury for the time of fulfilling their duties in court in the order established by the Cabinet of Ministers of Ukraine, are paid for the reward ";
The third sentence of the part of the second after the words "people's ambub" shall be augmented with the words "or the jury"
Part of the third set in this edition:
" 3. In people's meetings and jurors are subject to the guarantee of independence and the inviolability of judges established by law, at the time of their duties at the exercise of justice. According to the informed petition of the People's Aholder, the security of the security measures can be taken over and after the completion of these duties ";
13) in paragraph 1 of the first article 66 words "in the newspapers" Voice of Ukraine "or" Private courier ", replace" with the printed media of it ";
14) in part of the first article of 71 words "in the newspapers" Voice of Ukraine "and the" Private courier ", replace" with the print media of it ";
(15) Paragraph 7 of the first article 91 is set out in this edition:
"7) on the basis of the motivated petition by the Prosecutor General of Ukraine, decides to dismiss the judge from office in connection with the prosecution of criminal liability";
16) Article 115 is supplemented by part of the eighth such content:
" 8. A meeting of judges of local general courts in the order established by this Act is chosen by the investigators. "
12. The Law of Ukraine "On Operations and Infiltration" (Information of the Verkhovna Rada of Ukraine, 1992, No. 22, art. 303 with the following changes):
(1) In Article 3, the words "and Criminal Procedure" replace the words "Criminal Procedure and Customs";
(2) The text of Article 4 is set out in such an editorial:
"Operational and rapid activity is based on the principles of the rule of law, lawfulness, observance of human rights and freedoms";
3) in the part of the first article 5:
In paragraph 8 of the State Criminal and Executive Service of Ukraine, replace the words "State Penitentiary Service of Ukraine";
Complement the paragraph of the tenth such content:
"The bodies of the public customs service are operational units that lead the fight against smuggling";
Item 1 of the Board of Editors:
" (1) the presence of sufficient information obtained in accordance with the law of order in need of verification through operational and emergency measures and means of:
-persons who prepare to commit the crime;
Persons who are sheltered by the authorities of the investigation, the investigating judge, the court, or evading criminal punishment;
-Reconnaissance and subversive activities of special services of foreign countries, organizations and individuals against Ukraine;
-the real threat of life, health, housing, to master of court workers and law enforcement in connection with their official activities, as well as persons involved in criminal proceedings, members of their families and close relatives, for the purpose of creating the necessary conditions for proper administration of justice; the staff of the intelligence agencies of Ukraine in connection with the service activities of these persons, their close relatives, and persons who are privately collaborating or worked with intelligence agencies Ukraine, and their families for the purpose of doing reconnaissance ";
a part of the second teaching in such an editorial:
" The stated basis can be contained in statements, non-officials, officials, public organizations, media, in writing and investigation of the investigator, the orders of the prosecutor, the investigation of the judge, the court, the materials. law enforcement agencies, in requests and reports of law enforcement agencies of other states and international law enforcement agencies, and the requests of the authorized state bodies, institutions and organizations defined by the Cabinet of Ministers of Ukraine persons in relation to their access to state secrecy, to work with nuclear weapons and on nuclear facilities ";
In paragraph 1 of the word "detection, termination and disclosure", replace "detection and termination";
2 (2) after "and" to be supplemented with the words "judge of the judge";
in paragraph 5, for the purpose of the rapid and complete disclosure of crimes and the revelation of the guilty "guilty" to be replaced by the words "for the purpose of rapid and full warning, detection and cessation of crimes";
Add parts to the second, the fourth of the following:
" In the case of signs of a crime, an operational unit that exercises expeditious activities is required to insure the collected materials in which the actual data on the opposing actions of individuals and groups is fixed, the responsibility for Predicted Penal Code of Ukraine , to the appropriate pre-trial investigation for the beginning and implementation of the pre-trial investigation in the order of Criminal Procedure Code of Ukraine .
In case of a crime that is detected during the conduct of operational and search events, that the cessation and termination of which may have a negative impact on the results of the criminal proceedings, a unit that runs operational and emergency operations, reports The corresponding organ of the pre-trial investigation and the prosecutor about the evidence of signs of crime, concludes the conduct of the operational and open event, whereupon the collected materials are recorded in which the actual data of the opposing actions of individuals and groups is fixed, the responsibility for which Penal Code of Ukraine -to the relevant pre-trial investigation.
Operations units of the Ministry of Internal Affairs of Ukraine, Security Service of Ukraine, Tax Police of the State Tax Service of Ukraine, State Penitentiary Service of Ukraine, State Border Service of Ukraine, State Customs Service of Ukraine conduct investigators (search) actions and non-vowels (search) actions in criminal proceedings against investigators, the prosecutor in the order stipulated Criminal Procedure Code of Ukraine Written in accordance with the conduct of investigators (search) and non-vowels (search) actions provided by the investigator, the prosecutor within the competence and in the prescribed order, are required to perform an operational unit ";
(6) Article 8 of the Board of Editors:
" Article 8. Rights of operations and operations
Operational units to perform the tasks of expeditious activities under the presence of foreseen articles 6 of this Act shall be granted the right to:
(1) interviewed individuals by their consent, to use their voluntary assistance;
2) conduct a controlled delivery and operational purchase of goods, items and substances, including prohibited for circulation, in physical and legal entities regardless of the form of property in order to identify and document facts. No, no, no, no. The provision of controlled and operational procurement is carried out under the provisions of the Article 271 of the Criminal Procedure Code of Ukraine in order defined by regulations of the Ministry of Internal Affairs of Ukraine, the tax police of the State Tax Service of Ukraine, Security Service of Ukraine, State Customs Service of Ukraine, agreed with the Prosecutor General of Ukraine and Registered in the Ministry of Justice of Ukraine;
3) violate the law of order to conduct inspections of financial and economic activities of enterprises, institutions, organizations regardless of the form of property and persons engaged in business activities or other types of Activities and participation in their activities;
4) familiarize with documents and data characterizing the activities of enterprises, institutions and organizations, to study them, by means of funds allocated to the maintenance of units that carry out expeditious activities, making copies of of such documents, at the request of the heads of enterprises, institutions and organizations-exclusively on the territory of such businesses, institutions and organizations, and with the permission of the investigator to the order of the Criminal Procedure Code of Ukraine ,-to remove documents and data characterizing the activities of enterprises, institutions, organizations, and the way the lives of individuals suspected of preparing or committing a crime, source and size of their income, leaving copies of such documents and The description of the deleted documents in which they are repulsed, and ensuring their preservation and return in the prescribed order. The removal of original financial and financial documents is prohibited except for cases provided by the Criminal Procedure Code of Ukraine;
5) to conduct operations on the capture of criminals, cessation of crimes, reconnaissance and undermining of special services of foreign states, organizations and individuals;
(6) To visit the housing and other premises by the consent of their owners or residents to find out the circumstances of the crime, which is prepared and also to collect information about the contrasting activities of persons who are being tested;
7) It is not smooth to detect and record traces of severe or especially serious crime, documents and other items that may be evidence of preparation or committing such crime, whether to obtain intelligence information, including by penetration and survey publicly unavailable places, housing or other ownership of the person according to the provisions Article 267 of the Criminal Procedure Code of Ukraine ;
8) perform a special task of uncovering the criminal activity of an organized group or criminal organization under the provisions of Article 272 of the Criminal Procedure Code of Ukraine ;
9) perform audio, video control of the person, lifting information from transport telecom networks, electronic information networks according to the provisions Articles 260 , 263-265 Criminal Procedure Code of Ukraine ;
10) impose arrest on the correspondence, exercise her review and the vibe according to the provisions articles 261 , 262 Criminal Procedure Code of Ukraine ;
11) to exercise surveillance on a person, a thing or a place, as well as audio, video control of the place according to the provisions articles 269 , 270 Criminal Procedure Code of Ukraine ;
(12) To carry out the location of the radio electronic vehicle according to the provisions Article 268 of the Criminal Procedure Code of Ukraine ;
13) to have vowels and non-vowel staff and freelance workers;
14) use confidential cooperation according to the provisions Article 275 of the Criminal Procedure Code of Ukraine ;
15) receive from legal or physical persons for free or for the reward of information about crimes prepared or committed, and the threat of a security of society and the state;
16) to be used on the consent of the administration of the office space, vehicles and other property of enterprises, institutions, organizations, and the consent of persons-dwelling, other premises, vehicles and property they belong to;
17) create and use pre-identified (spotted) or unreal (imitation) means by the provisions Article 273 of the Criminal Procedure Code of Ukraine ;
18) create and apply automated information systems;
19) apply the means of physical influence, special means and firearms in the grounds and in the order established by the law on the police, the Security Service of Ukraine, the State Border Service of Ukraine, the State Security of State Authorities of Ukraine Officers and officials, Customs Code of Ukraine ;
20) refer to the limits of their powers with requests to law enforcement agencies of other states and international law enforcement agencies in accordance with the legislation of Ukraine, international treaties of Ukraine, as well established acts and rules of international Law enforcement agencies who are a member of Ukraine.
The decision to conduct task-breaking measures, representation and consideration of the relevant petitions, conduct of expeditious measures, fixation and use of their results, conduct these measures to order the investigation of the judge and other issues of their conduct are regulated under the provisions of Chapter 21 of the Criminal Procedure Code of Ukraine Subject to the features established by this Act, regarding the purpose of conducting task-making measures, the subject of initiation and conduct of these measures, the rationale for the petition of their conduct and the basis for his satisfaction with the judge, the use of the results of expeditious measures and other issues driven by the specific purpose of their conduct. Decision-making on the conduct of expeditious measures which do not require the permission of the judge or the decision of the prosecutor is carried out by the head of the relevant operational unit or by his deputy with the decision of the decision Yes,
Unspoken examination of publicly unavailable locations, housing or other ownership of the person, audio, video control of the person, audio, video control of the site, surveillance of person, withdrawal of information from transport telecom networks, electronic information networks, the imposition of the arrest of the correspondence, examination of the examination and the removal, and the establishment of a radio electronic facility is carried out on the basis of the investigation of the judge, directed by the supervisor of the corresponding operative unit Or his deputy, who agreed with the prosecutor. These measures are applied solely to prevent severe or especially grave crime, prevention and termination of terrorist acts and other acts of special services to foreign states and organizations if other means of receiving information. Impossible.
Solely for the purpose of obtaining intelligence information to ensure the external security of Ukraine is specified only by the approval of the investigator judge without the third party, and the measures that do not need the permission of the investigating judge- Without the prosecutor.
Other units may also be involved in the conduct of separate activities.
Under the task of expeditious activities related to the termination of offenses in the field of tax law, the rights prescribed by this article are given solely to the tax police bodies within their jurisdiction.
Coordination of action on the implementation of the rights of units conducting operational and search activities with the aim of combating terrorism is carried out by the Security Service of Ukraine.
The intelligence agencies of Ukraine are granted the rights provided by part of the first of this article, except for items 2, 3, 5, 6, and paragraph 7 in part of the unspoken detection and fixing of traces of the heavy or especially serious crime, documents and other items. may be evidence of preparation or committing such a crime ";
part of the first after the words "state border" complements the words "State Customs Service Authority";
The word "administration" is replaced by "service";
After the words "State border", the words "State Customs Service of Ukraine";
the first sentence in this edition:
"A person who is suspected of preparing to commit a crime is hiding from the authorities of the criminal investigation, the court, or evading criminal punishment, the inquest is missing, and there is only one operational search on the right";
After the words "tax police", add the words "State Customs Service organ of Ukraine";
To complement the sentence of such content: "On the construction of the operational and open case during the day of written by the prosecutor";
