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About Preventing A Person

Original Language Title: Про запобіжне затримання особи

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(The Act was terminated on the basis of the Ordinance of the IA
N 319 /94-PL by 22.12.94, BBB, 1995, N 1, st. 5)
(Act continued until 1 July 1995 according to the
Resolution No. N 319 /94-VR 319 /94-PL ) 22.12.94
AVC, 1995, N 1, pp. 5)
(Action discontinued in accordance with General
N 151 /94-VR 151 /94-PL ) from 29.07.94, VR, 1994, N 38,
(...) (...)
About preventing a person
(Information of the Verkhovna Rada of Ukraine (VR), 1994, N 38, pp. 346)
(Entered in Action by VR N 151 /94-PL From 29.07.94
AVR, 1994, N 38, pp. 347)

Given that crime in the country gets more and more
Organized and rigid nature, and for the purpose of strengthening
ensuring the protection of citizens, interests of society and the state of
criminal attacks in organized groups, this Law.
There is a temporary introduction of the precautionary detention of persons,
to be suspected of preparing or committing serious crimes.
Article 1. Prevent a person from being detained
The safety of the person is authorized to be authorized
Public authorities for the purpose of malnutrition and termination of criminal
Swearing by gangs and other organized groups. The basis for the delay is motivated by the ruling boss
the body of the interior or the organ of the security service, authorized
Article 2. Precaution Order
In the presence of sufficient data obtained according to the laws
Ukraine who give reason to suspect a person in preparation or
Committing serious crimes in an organized group,
the body of the interior or the security organ of the right to apprehend
This is a special term of up to 30 days. Detention is carried out on the basis of a motivated ruling
the Chief of the Interior Authority or Security Service
The sanctions of the prosecutor, with which the person is detained is not read
later 24 hours from the moment of her detention. When deciding on the issue of sanctions on the precaution
The arrest prosecutor is bound to meet all the materials,
I don't know what gives reason for the delay. Preventing detention does not apply to pregnant women,
women over 55 years and women who have children age
fourteen years, disabled I groups, men over 60 years of age,
as well as individuals who have not reached the age of which the criminal
Responsibility. The right to prevent detention has the General
Prosecutor of Ukraine, prosecutors of the Republic of Crimea, areas, cities of Kiev
and Sevastopol and attached to them prosecutors, their deputies, and
Also prosecutors of towns and districts.
Article 3. The Rights of the Delay
The detainees are guaranteed the right to challenge the prevention
Detention, assisting a lawyer in the appeal of the Chief of Staff
the body that issued the detention, the prosecutor; the mother
a date with a lawyer not later than 24 hours since the detention
The presence of an organ official that has made a precaution
delay; know what she is suspected of, and giving an explanation to
On this occasion, have a date with close relatives in order,
in established legislation.
Article 4. Order for the challenge of the delay
The detained person has the right to appeal the order of prevention
delay to court in the order stipulated by Article 236-3
The Criminal Procedure Code of Ukraine 1002-05 ). Complaints are made in accordance with Article 236-4
Criminal Procedure Code of Ukraine.
Article 5. Precaution Lines
Preventive detention lines are determined by the guideline on its
Apply. This row may be reduced or extended
Prosecutors have imposed a precaution against the delay, but cannot
exceeds the maximum line predicted by Article 2 of this
The law. After the end of this term, if in its actions
no evidence of the crime, must be released immediately,
The prosecutor is reported to have given the sanction to the detention. By the decision of the prosecutor who gave the sanction on the precaution
delay, or by the decision of the prosecutor of the higher instance, the person may
be released before the end of the specified decision
a precaution line. If during the precaution line of the person's actions
set signs of the crime, which is violated by the criminal
on the right in the order predicted by the Criminal Procedure Code
Ukraine. In case of election of this person as a precaution
The precaution of the precaution is to be taken as a precaution.
the line of stay is in custody.
Article 6. Performing a restraining order
A decision to prevent the person from being delayed
The organ that made it. Detainees are kept in the investigation insulator
or in isolating temporary detention. Order of holding
is determined by the joint instruction of the Ministry of the Interior
Ukraine and the Security Service of Ukraine, which agrees with the
Public prosecutor of Ukraine.
Article 7. Take care of persons who are in the
On-line detention
When a detainee has a minor child or a child
the inoperable relatives who remain without care, the chief
the body that made the ordinance of the restraining order,
required to take the necessary measures to transfer the specified
persons under the care of relatives or to arrange them in the appropriate institutions.
The chief of the body is written by the chief of the body.
No, I'm sorry. A copy of the letter joins the materials of the case
Prevent the delay.
Article 8. Detention measures
In case of emergency detention, the body of the interior
or the security agency is required to take action on the security of the
property and housing are detained if they remain without care.
Article 9. Prevent delay
Prevent the person and the location of her stay
the position of the authority of the internal affairs authority or security service
required 24 hours to inform the wife (man) or
another close relative, and the necessary cases also to report
Oh, that's for the job of a detainee. About applying a foreign-to-foreign
The citizen is reported to the Ministry for Foreign
Ukrainian Affairs.
Article 10. Right to reparation
A person whose fault is in preparation or committing crimes,
predicted part of the first article 2 of this Act was not
Proven, entitled to redress in its entirety
material and moral harm in accordance with the current legislation.
Article 11. Procedural actions undertaken after
Safety precautions
After preventing an individual and to a violation
Criminal proceedings may be conducted under the Law of the Law of the
Ukraine's "On operational activities" (2135-12)
Familiarity or deletion of delayed delay lines
documents and materials that matter for disclosure and
{\f29 termination of crime, }
of the financial and economic activities of the detained person, as well as for
Agreement with the Public Prosecutor's Office, Construction, Transportation
The means of the detainee who are in the possession of the apprehension,
personal review, expertise, results of which may
used as grounds for violation of criminal proceedings and
Evidence of it. In case of inconsistencies between the norms of this Act
and norms of the Criminal Procedure Code of Ukraine 1001-05 ,
1002-05 , 1003-05 ) to violation of criminal proceedings
The rules apply to this Act.

President of Ukraine
Um ... Kiev, 29 July 1994
N 150 /94-VR