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On The Procedure For Compensation Of Damage Inflicted By Citizen Illegal Actions Of The Authorities That Carry Out Operative-Search Activity, Pre-Trial Investigation, Prosecution And Trial

Original Language Title: Про порядок відшкодування шкоди, завданої громадянинові незаконними діями органів, що здійснюють оперативно-розшукову діяльність, органів досудового розслідування, прокуратури і суду

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The order of damage to the citizen
Illegal activities of the organs of the
-Hot-talk activity, organs.
Pre-trial investigations, prosecutors and prosecutors
{The name of the Act with the changes made under the Act
N 4652-VI ( 4652-17 ) From 13.04.2012}
(Information of the Verkhovna Rada of Ukraine (VR), 1995, N 1, st. 1)
(Entered in Action by VR N 267 /94-PL 01.12.94,
AVR, 1995, N 1, pp. 2)
{With changes under the Laws
N 2171-III ( 2171-14 ) 21.12.2000, VCE, 2001, N 9, pp. 38
N 662-IV ( 662-15 ) from 03.04.2003, VR, 2003, N 27, pp. 209
-it takes effect on 01.08.2003
N 1130-IV ( 1130-15 ) from 11.07.2003, VCE, 2004, N 8, pp. 66
N 3165-IV ( 3165-15 ) from 01.12.2005, VR, 2006, N 12, pp. 102
N 1254-VI ( 1254-17 ) from 14.04.2009, VR, 2009, N 36-37, pp. 511
N 1414-VI ( 1414-17 ) 02.06.2009, VR, 2009, N 41, pp. 600
N 4652-VI ( 4652-17 ) by 13.04.2012, VR, 2013, N 21, pp. 208
N 1194-VII ( 1194-18 ) from 09.04.2014, VR, 2014, N 25, pp. 890
N 1697-VII 1697-18 ) from 14.10.2014, VR, 2015, N 2-3, pp. 12
N 1698-VII 1698-18 ) from 14.10.2014, VR, 2014, N 47, pp. 2051}

{In the title and text of the Law of the word "previous investigation"
replaced by the words "pre-trial investigation" according to the Law
N 1130-IV ( 1130-15 ) From 11.07.2003}

Article 1. According to the provisions of this Act,
Sorry to be a citizen due to:
1) illegal condemnation, illegal reports of
of suspicion of committing criminal offences, illegal
taking and keeping in custody, illegal conduct in the course of
the criminal proceedings of the search, the exquisite, the illegal imposition
Arrest on the property, illegal removal from work (positions) and
Other procedural actions restricting the rights of citizens; {Paragraph 1 of the first Article 1 in the edition of Law N 4652-VI
( 4652-17 ) From 13.04.2012}
2) the illegal application of administrative arrest or
corrective works, illegal confiscation of property, illegal
(3) Illegal conduct of expeditious activities,
"On the operative-looking situation"
activity " ( 2135-12 ), " On the organizational and legal basis
Combating organized crime " ( 3341-12 ) and other acts
In cases listed in part one of this article, the following:
Sorry, it's not good enough, regardless of the fault.
Officers of the Committee
Activities, pre-judicial investigation, prosecution, and court. {Part of the second article 1 in accordance with the Act
N 4652-VI ( 4652-17 ) From 13.04.2012}
Article 2. Right to damages in size and in
The order stipulated by this Act occurs in cases of:
1) Ordinance of the Court of Justice;
1-1) setting in the indictment of a court or another
Decision-making (except for the court to appoint a new trial)
the fact of an unlawful message of suspicion of committing
criminal offence, illegal taking and holding under
Custody of the United States of America
The search, the destruction, the illegal possession of the arrest on the property,
illegal abandonment of work (positions) and others
The procedural actions that limit or violate rights and freedoms
Citizens, the unlawful conduct of expeditious activities; {Part of first Article 2 is supplemented by paragraph 1-1 according to the Act
N 3165-IV ( 3165-15 ) from 01.12.2005; in the editorial of Act N 4652-VI
( 4652-17 ) From 13.04.2012}
(2) The closure of criminal proceedings
criminal offence, no diversion
criminal offence or non-installation of sufficient evidence
to prove the identity of the person in court and the exhaustion of possibilities
To receive; {Item 2 of the first Article 2 in the edition of Law N 4652-VI
( 4652-17 ) From 13.04.2012}

{Paragraph 3 of the first Article 2 is excluded from the
Law N 4652-VI 4652-17 ) From 13.04.2012}

(4) The closure of the administrative offense case.
Right to reimburse the damage inflicted in Article 1
This Act of operations, which is an expeditious event, occurs in cases where
the predicted paragraph 1-1 of the first of this article, or provided
that there was no such event for six months.
Commence criminal proceedings against the results of these measures. {Part of the second article 2 with the changes made under the Act
N 3165-IV ( 3165-15 ) from 01.12.2005; in the editorial of Act N 4652-VI
( 4652-17 ) From 13.04.2012}
Article 3. In Article 1 of this Act
Citizens are reborn (return):
(1) earnings and other monetary revenues that he lost
Illegal activities;
2) property (including money, cash deposits and percentages).
of them, securities and interest on them, a share in the statutory fund
the host society who was a citizen, and
profit he did not receive according to this particle, others
values), confiscated or addressed in the state income by the State of the Court,
removed by the pre-trial investigation bodies, organs that
perform operational and search activities, as well as the property on which
Arresting arrest; {Paragraph 2 of the Article 3 changes in accordance with the Act
N 4652-VI ( 4652-17 ) From 13.04.2012}
(3) fines imposed on execution of the court sentence, court costs
and other expenses paid by a citizen;
(4) the amount paid by the citizen in connection with the publication of
Legal assistance;
(5) The moral regret.
Article 4. Damage reparations in cases foreseen in the case
Paragraphs 1, 3, 4 and 5 of Article 3 of this Act fail
State budget funds. Sum of sums that are predicted by paragraph 1
Article 3 of this Act and subject to the rejuvenation is determined by
Considering a wage not received by a citizen in an hour
Dismissal from work (positions), at the time of the criminal
Punishment or corrective service.
Property specified in paragraph 2 of article 3 of this Act,
return to the tour, and in case of failing to return to the
its cost is reimbursed by those businesses, institutions,
organizations, which it has been transferred without pay. Cost of living
homes, apartments, other buildings, only in case
the stated property was not preserved in the natfield and the citizen refused
Giving him an equally valuable living room with an irresponsible
To be transferred to his property, or in the case of consent to this citizen.
The cost of lost housing is reimbursed by market prices,
You know what acting at the moment of the appeal of the citizen about reparation.
In the event of liquidation of businesses, institutions, organizations that
The property has been transferred without pay, or lack of funds for
damage to property costs (part of cost)
He is a member of the State Budget.
The cost of the property is determined by prices acting at the time of
Adoption of the agenda. In case of damage
The property is regrettable completely.
Damage to moral harm in the case of
Illegal actions of organs carried out in an expeditious
activities, pre-trial investigation, prosecutors and court proceedings
The moral loss of the citizen, led to the violation of his
of normal life connections, require additional
Efforts to organize their lives. {Part of Article 4 with the changes made under the Act
N 4652-VI ( 4652-17 ) From 13.04.2012}
Moral harm is recognized by suffering,
Citizen through physical or mental impact
led to the deterioration or deprivation of the implementation of the
their habits and desires, the deterioration of relations with the surrounding people,
other negative effects of moral character.
Article 5. In case of death of the citizen, the right to reparation
damage in cases provided by paragraphs 1, 2, 3 and 4 of Article 3 of this
Law, in established law, moves to its
The heirs.
Article 6. Citizen dismissed from work (positions) in connection
with unlawful conviction or suspended from office in connection with
illegal influx of criminal liability, must be
renewal of former work (post), and in case of impossibility
this (liquidation of enterprise, institution, organization, reduction)
posts, the presence of other prescribed laws by the reason that
prevent renewal at work (post)-he should be given
A state of service is a state of employment. Work
(positions) are granted to citizens not later than one month later
from the day of appeal, if it came within three months of the day
A legitimate force of justifiable or sentencing
(iv) Regulation on the closure of criminal proceedings
lack of an event of criminal offence, absence from
The act of criminal offence or non-establishment
sufficient evidence to prove the perpetrators of the person in court and
We need to get them out of the way. {Part of the first Article 6 in the edition of Act N 4652-VI ( 4652-17 )
From 13.04.2012}
In cases listed in part one of this article, the entry
about the release of work (positions) made in the labor book,
is not valid. A citizen owner or owner
An organ authorized to him in a three-day term
A non-write work book that is deemed invalid.
Article 7. The term of stay is in custody, the term of taking place
punishments, as well as the time during which the citizen did not work in
Communications with illegal dismissal from work (positions),
is credited as to the general labor age and to the flock.
work by specialty, old public service, continuous public service.
Come on.
Labour age of workers and servants, as well as the work of the work
persons who worked on the basis of membership (in cooperatives, kolkhozes)
(& etc;), calculated from the calculation of the periods specified in the
the first of this article, is taken into account when working on workers,
employees and specified persons of different benefits and benefits, in
Including the appointment of pensions and the welfare of the
Anguish. Workers and employees are also counted as well.
When selected pensions on preferential conditions and for ages of years,
when setting monthly rates (landing schedules)
depending on the duration of the work, as well as
payment of one-time rewards or interest allowances
Article 8. When assigning pensions by age on preferential conditions
periods marked in part of the first Article 7 of this Act, on
the choice of a citizen who has turned on pensions is equated to
the work that preceded the illegal conviction or illegal
pretend to be a criminal responsibility or what he had
after being released from criminal liability or after
Serving sentences.
Article 9. Local authorities and self-government during the
the month of the appeal returns to a citizen who has lost
The right to use live accommodation due to illegal
A conviction, a living room that he had held before, and if it didn't
extant, for six months from the day of appeal
The citizen is out-of-duty to him in the same inhabited area.
an equally orderly living room with respect to the family's composition
and the living standards of the living area.
Article 10. If a citizen is due to illegal conviction
was deprived of the military or other ranks, as well as the public
He is awarded the title and return of the award.
Article 11. In the case of the origin of the right to redress the task
damage in accordance with Article 2 of this Act of the Authority
online talk activity, investigator, prosecutor or court
are required to explain the order of reinstatement of her rights violations
And damages and damages. {Part of the first Article 11 in the edition of Law N 3165-IV ( 3165-15 )
01.12.2005; the amended Act N 4652-VI
( 4652-17 ) From 13.04.2012}
In case of corrective action, closing
criminal proceedings due to the absence of an event of a criminal
Law enforcement violation, absence from criminal matters
Legal violation or non-installation of sufficient evidence to prove
the indifference of the person in the court and the exhaustion of the possibilities to get them, and
In the case of closure of the administrative offense case
investigators, the prosecutor or the court is required at the request of the person written
report a month of its decision to the labor collective, in
A person who works, or for her place of residence. {Article 11 is complemented by Act N 3165-IV.
( 3165-15 ) from 01.12.2005; in the editorial of Act N 4652-VI
( 4652-17 ) From 13.04.2012}
If the information about the conviction or influx of the citizen to the
criminal liability, applying to it as
a precaution of taking or imposing a precaution against it
an administrative deferment in the form of arrest or corrections
were common in the media, the demand for this
the citizen, and in the case of his death on the request of his relatives or
an office that carries out operational and investigative activities,
the prosecutor or court of the mass media for one
months make a decision to rehabilitate
the citizen, according to the current legislation of Ukraine. {Part 1 of Article 11 in the edition of Act N 3165-IV ( 3165-15 )
01.12.2005; the amended Act N 4652-VI
( 4652-17 ) From 13.04.2012}
Article 12. Amount of damage caused in points
1, 3, 4 articles 3 of this Act, depending on which body
failed investigators or considering the case, in the month of
The term of the nationality of the citizen defines the relevant organs,
-I have no idea what's going on.
investigation, prosecutor ' s office and court reporting
(adopted). If criminal proceedings are closed by the court,
a criminal case in an appellate or related order,
the stated action will fail the trial by considering the case in the first
The instance. {Part of the first article 12 of the changes made under the Act
N 1130-IV ( 1130-15 ) 11.07.2003; in the editorial of Act N 4652-VI
( 4652-17 ) From 13.04.2012}
In the case of non-consent by the ruling (adopted) on the
Reimbursement of the citizen according to the provisions of the civilian
The procedural law can appeal the ruling to court,
The Court of Appeal is in the court of appeal. {Part of the second article 12 of the changes made under the Laws
N 1130-IV ( 1130-15 ) 11.07.2003, N 1697-VII 1697-18 ) From
Article 13. Question of reparation for moral harm in the
A statement of the citizen is decided by the court according to the incumbent
legislation in the decision made according to part one
Article 12.
The size of the moral harm is determined by the circumstances
Cases within the limits established by civil law.
Reimbursement of moral harm during the period of stay
Whether or not the case is investigated or not.
the minimum wage size for each month of stay
under investigation or court.
Article 14. Statement of the challenge of reparation
damage caused by the unlawful actions of the organs carried out
online search, pre-trial investigation, or
The prosecutor ' s office, the choice of a citizen may be filed in court for
the place of his residence or the location of the relevant
Operational and operational entity.
Investigations or procurators. The parties in these cases are exempt.
Payment of seizures. {Article 14 in the edition of Act N 4652-VI ( 4652-17 ) From
Article 15. Resuming of service, pension, residential, other
personal and property rights and damages of other harm caused by the
of the Armed Forces of Ukraine, the State Border Guard
services of Ukraine, other military formations created in accordance with
To the legislation of Ukraine, the State Special Transport Service,
Special communications and information protection
Ukraine, as well as members of the chief and private body of the
Office of Internal Affairs of Ukraine and the State
of Ukraine, employees of the National Anti-Corruption Bureau
To be under the rule of law established by this Act. {Article 15 of the changes in accordance with the Laws N 2171-III
( 2171-14 ) 21.12.2000, N 662-IV ( 662-15 ) 03.04.2003-
will take effect from 01.08.2003, N 1254-VI ( 1254-17 ) From
14.04.2009, N 1414-VI ( 1414-17 ) 02.06.2009, N 1194-VII
( 1194-18 ) from 09.04.2014, N 1698-VII ( 1698-18 ) From
President of Ukraine
Um ... Kiev, 1 December 1994
N 266 /94-PL