About Administrative Supervision Of Persons Released From Places Of Imprisonment

Original Language Title: Про адміністративний нагляд за особами, звільненими з місць позбавлення волі

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/264/94-%D0%B2%D1%80

                                                          
With a k o n u r as th h & About administrative supervision of persons released from places of imprisonment (Supreme Council of Ukraine (BD), 1994, 52 N, 455) {amended in accordance with the laws of N 64/95-VR from 15.02.95, VVR, 1995, N 10, 64 N 2537-III (2537-14) from June, VVR, 2001, N 40, 193 N 1105-IV (1105-15) on 10.07.2003 , VVR, 2004, N 7, 49 2377 N-IV (of 15) from 20.01.2005, VVR, 2005, N 11, 198 N VII-1697 (1697-18) from 14.10.2014, VVR, 2015, N 2-3, article 12} this law determines the conditions and procedure for establishing and implementing the administrative supervision in separate categories previously sudimih persons and their responsibilities.
Chapter 1 General provisions article 1. The concept of administrative supervision of Administrative supervision is a system of provisional enforcement of preventive measures of surveillance and control the behavior of the individuals released from places of detention carried out by the bodies of internal affairs.
Article 2. The task of the administrative supervision of Administrative supervision is established for the purpose of preventing crime to commit individuals released from places of imprisonment, and implementation of the educational influence on them.
Article 3. The person that installed the administrative supervision of Administrative supervision is established for adults: (Click "a" of article 3 on the basis of Law N 1105-IV (1105-15) on 10.07.2003) b) convicted to imprisonment for serious, especially for felonies or convicted two or more times to imprisonment for willful crimes if you are serving the punishment of their behavior as they stubbornly unwilling to embark on the path of correcting and remain dangerous for society; (Paragraph b of article 3 amended pursuant to the law N 1105-IV (1105-15) on 10.07.2003)) convicted to imprisonment for serious, especially for felonies or convicted two or more times to imprisonment for willful crimes if they are after serving sentences or parole from serving the punishment, despite the warning of internal affairs bodies, systematically violate the public order and the rights of other citizens , commit other offences; (Click "in" article 3 amended pursuant to the law N 1105-IV (1105-15) on 10.07.2003) g) convicted to imprisonment for one of the crimes related to the illicit trafficking of narcotic drugs, psychotropic substances and precursors. (Article 3 paragraph "g" according to law N 64/95-VR from 15.02.95) section 2 of the ORDER of INSTALLATION, implementation and TERMINATION of ADMINISTRATIVE SUPERVISION Article 4. The reasons for establishing the administrative supervision of the grounds for the establishment of administrative supervision is: a) verdict that entered legal force – for the persons mentioned in paragraph "d" of article 3 of this law; (Click "a" of article 4, as amended in accordance with the laws of N 64/95-VR from 15.02.95, N 1105-IV (1105-15) on 10.07.2003) b) materials for penitentiary institutions of the entities mentioned in paragraph "b" of article 3 of this law; (Paragraph "b" of article 4 amended by law N 2377-IV (of 15) from 20.01.2005)) the materials of the Interior concerning the persons mentioned in paragraph "b" of article 3 of this law.
Article 5. Procedure for establishing the administrative oversight of Administrative supervision is set: for the persons specified in points "b" and "g" of article 3 of this law, in court individually by the judge of the district, district in the city, urban and regional court at the location of penitentiary institutions by the head of the penitentiary institutions; (Second paragraph of article 5 as amended in accordance with the laws of N 64/95-VR from 15.02.95, N 1105-IV (1105-15) on 10.07.2003, 2377 N-IV (of 15) from 20.01.2005) concerning the persons mentioned in paragraph "b" of article 3 of this law, in court individually by the judge of the district, district in the city, urban and regional court of the place of residence of a person exempt from places of imprisonment , at the request of the Chief organ of internal affairs. (Third Paragraph of article 5 amended by law N 1105-IV (1105-15) on 10.07.2003) in a view must be defined by the limitations that offers to establish on the basis of article 10 of this law in accordance with the head of the penitentiary institution or the head of the organ of internal affairs concerning the behavior of the pìdnaglâdnogo, and the justification for the appropriateness of such measures. (Article 5 of the amended part according to law N 2537-III (2537-14) of June) together with the submission to the Court sent a copy of the verdict and materials that testify to the need for the establishment of the administrative supervision of the relevant person.
In a hearing called by the person against whom you made the submission of administrative supervision, and according to her petition and defender, as well as a representative of the body, which has made a submission.
Consideration starts report on the content of the submission and the materials that came with it, and then an explanation of the persons who have appeared at the hearing.
After consideration of the case, the judge goes to the naradčoï room for making a decision, and then returns to the boardroom and Announces resolution of administrative supervision and restrictions that are set on the behavior of pìdnaglâdnogo.
(Part six article 5 amended by law of 2537 N-III (2537-14) of June) Decree of the judge may be challenged in accordance with the law. (Part of the seventh edition of the law of 2537 N-III (2537-14) of June) Ruling judges sent to perform the Chief of district (municipal) Department (management) of Internal Affairs of the place of residence of the person against whom installed surveillance, and in cases stipulated in points "b" and "g" of article 3 of this law, the Chief of the penitentiary institutions. (Part 8 of article 5 as amended in accordance with the laws of N 64/95-VR from 15.02.95, N 1105-IV (1105-15) on 10.07.2003, 2377 N-IV (of 15) from 20.01.2005) administration of the penitentiary institution ruling the judge sends to perform organ of Internal Affairs for the selected pìdnaglâdnim place of residence on the day of its release. (Part of the ninth article 5 amended by law N 2377-IV (of 15) from 20.01.2005) article 6. The term administrative oversight of Administrative supervision is established in a specific article 5 of this law, order the term from one year to two years and may not exceed the terms stipulated by law for repayment or withdrawal of a criminal record.
In the case where there is reason to believe that the person against whom set administrative supervision is dangerous to society, the administrative supervision by the relevant organ of internal affairs can be extended according to this law, each time for another six months, but no more than the term provided by law for repayment or withdrawal of a criminal record.
The term administrative supervision begins from the day of announcement of the face of the judge's rulings on the establishment of administrative supervision.
Article 7. The order of realization of administrative supervision of Administrative supervision is carried out by the police. Individuals for which established the administrative supervision, taking into account, photograph, and if necessary they take fingerprints.
Police officers are obliged to systematically monitor the behaviour of these entities, to prevent a violation of them, public order and the rights of other citizens and to stop them, to search people who shun the administrative supervision.
Article 8. The procedure for termination of the administrative supervision of Administrative supervision is terminated by resolution of a judge at the request of the Chief organ of Internal Affairs: a) in the case of redemption or withdrawal of criminal records of a person who is under the supervision of;
b) ahead of time, if the pìdnaglâdnij ceased to be dangerous to society and positively characterized at the place of work and residence.
Pìdnaglâdnij might apply for withdrawal of the supervision of the grounds mentioned in paragraph "a" of this article.
In other cases, the administrative supervision is terminated:) after the end of the term for which it is established, if the body of Interior Affairs not filed an application for the continuation of oversight or judge refused to continue supervision;
b) in the case of conviction of pìdnaglâdnogo to incarceration and sending it to the place of serving punishment;
in the event of death) in the pìdnaglâdnogo.
Procedure for consideration of questions in court about the termination of administrative supervision is carried out in accordance with the requirements of part four article 5 of this law. (Part four of article 8 amended by law of 2537 N-III (2537-14) of June) section 3 rules of ADMINISTRATIVE SUPERVISION OF PERSONS for which ESTABLISHED the ADMINISTRATIVE SUPERVISION Article 9. Obligations covered by the person that installed the administrative supervision must lead a zakonoposlušnij way of life, not to violate the
public order and to observe the following rules: a) to arrive at a specified institution of penitentiary term to selected them, place of residence and sign up to the organ of Internal Affairs; (Click "a" of article 9 amended by law N 2377-IV (of 15) from 20.01.2005) b) appear on a call the police within the specified term and giving oral and written explanations of issues related to the implementation of the rules of administrative supervision;
in the police report) that carry out administrative supervision, to change the place of work or residence, as well as the departure of the outside area (City) in business cases;
g) in the case of departure in personal matters with the permission of the police in another town and staying there for more than a day to register at a local organ of internal affairs.
Article 10. Limitation of action covered by the persons for which established the administrative supervision, the court order may be applied partially or in full the following limitations: (first Paragraph of article 10 amended by law of 2537 N-III (2537-14) of June)) barring the exit of the building (apartment) in a specified time, which may not exceed eight hours per day;
b) the ban stay in certain places of the district (City);
in) the prohibition or restriction of the departure time in personal affairs outside the district (City);
g) registration in the militia from one to four times a month.
During the implementation of the administrative supervision of the Court at the request of the Chief organ of internal affairs with regard to the person pìdnaglâdnogo, his lifestyle and behaviour can change (reduce or increase) the amount of the limits stipulated by this article. (Part two of article 10 as amended by law N 2537-III (2537-14) of June) Chapter 4 LIABILITY for VIOLATIONS of the LEGISLATION on ADMINISTRATIVE SUPERVISION and CONTROL OVER ITS IMPLEMENTATION of Article 11. Responsibility for violation of the rules of administrative supervision in the case of a willful violation of the rules of administrative supervision, stipulated in articles 9 and 10 of this Act, persons are established administrative supervision, shall be liable in accordance with the law.
Article 12. Responsibility for violation of legislation about administrative supervision officials officials guilty of violating legislation on administrative supervision, shall be liable in accordance with the current legislation.
Article 13. Monitoring of the implementation of administrative supervision control over the implementation of the administrative supervision of the Ministry of Internal Affairs, the main Department of the Ministry of Internal Affairs of Ukraine in the Crimea, Department of internal affairs areas, cities and transport.

{Second Part on article 13 of law N VII-1697 (1697-18) from 14.10.2014} the President of Ukraine l. Kuchma Kiev, December 1, 1994 N 264/94-VR