On the exercise of justice and criminal proceedings due to the conduct of the anti-terrorist operation

(Information of the Verkhovna Rada (VR), 2014, No. 39, pp. 2009)

{With changes under the Act
No. 119-VIII of 15.01.2015 , BBR, 2015, No. 10, pp. 61}

This Act defines the legal response measures in the area of an anti-terrorist operation and aims to ensure the access of citizens and legal persons to the court.

Article 1. Features of the definition of territorial subdue in the area of an anti-terrorist operation

1. In connection with the inpossibility of justice to separate courts in the area of the anti-terrorist operation to change the territorial integrity of the courts, the defendants located in the area of anti-terrorist operation such as the courts, and To ensure:

Civil cases, cases of administrative offences, subject to local common courts located in the area of anti-terrorist operation, administrative cases, subject to local common courts as administrative courts, appellate The courts, located in the area of the anti-terrorist operation, are local common courts, appellate courts defined by the head of the Supreme Specialized Court of Ukraine on the consideration of civil and criminal cases;

Administrative cases, subject of administrative courts located in the area of the anti-terrorist operation, as administrative courts determined by the head of the Supreme Administrative Court of Ukraine;

In the area of the anti-terrorist operation, the hosts are designated as the head of the Supreme Court of Ukraine.

criminal proceedings, defendants local (district, urban, district in cities, urban) courts, appellate courts located in the area of an anti-terrorist operation-local common courts, appellate courts Head of the Supreme Specialized Court of Ukraine on the review of civil and criminal cases.

2. Questions relating to the authority of the investigating judge in criminal proceedings are under pre-trial investigation and are carried out in the area of an anti-terrorist operation, in case of impossibility of exercising justice Proceedings of the local general courts identified by the head of the High Specialized Court of Ukraine on the review of civil and criminal cases.

3. Cases not completed and which are in the failure of local, appellate courts located in the area of the anti-terrorist operation, in case of impossibility of justice is transferred to the courts according to the with this Act of subjugation within ten working days from the day of acceptance of the head of the corresponding top specialist court.

In case of impossibility of transmitting material of the case according to the procedure established under this Act of enforcement, the necessary procedural action is carried out by documents and materials provided by participants of the trial, provided that such documents are and materials are sufficient for the adoption of the relevant judicial decision.

4. The State Judicial Administration of Ukraine forms a list of local and appellate courts which are in the area of the anti-terrorist operation and in which it is impossible to exercise justice, and directs the relevant representations to the heads of the highest specialized courts for the adoption of decisions made by the first and second Article 1 of this Act.

Article 2. The prosecution of criminal offences committed in the area of the anti-terrorist operation

1. The investigation of criminal offences committed in the area of the anti-terrorist operation, in case of an impossibility of carrying out a pre-trial investigation is determined by the Prosecutor General of Ukraine.

2. The materials of pre-trial investigation, criminal proceedings against which are at the stage of the pre-trial investigation, in case of the impossibility of carrying out a judicial investigation, a pre-trial investigation is filed by the General Assembly. Prosecutor of Ukraine, for ten working days from the day of the determination of the investigation.

Article 3. Determination of territorial subdue in case of changes in the boundaries of the area or the end of an anti-terrorist operation

1. The State Judicial Administration of Ukraine on the basis of the decisions adopted by law of order to change the limits or end of the anti-terrorist operation in the case of restoring the proper conditions of local courts, the appeals courts The area where the anti-terrorist operation has been conducted is sent to the top specialized court of submission on the possibility of restoration of the relevant local, appellate court. The head of the corresponding upper specialized court provides an order for the restoration of the work of the defined in the representation of the State Judicial Administration of Ukraine of the local or appellate court.

2. The definition of the territorial integrity of the cases, which begins after the publication of the corresponding High Specialized Court of the restoration of the local, appellate court in connection with the change in the area or completion An anti-terrorist operation, is carried out without regard to the provisions of this Act.

3. The place and appellate courts, which have begun to consider cases in accordance with First and Second Article 1 of this Act, following the publication of the head of the corresponding top specialized court order for the restoration of the work of relevant local or appellate courts in connection with the changing of the boundaries of the district or the completion of the anti-terrorist operation continues See such cases.

Article 4. Determination of the investigation of criminal offences committed in the area of the anti-terrorist operation, in case of changes in the boundaries of the area or the end of the anti-terrorist operation

1. Office of pre-trial investigations that undertake a pre-trial investigation of criminal offences under the provisions of the Article 2 This Act, in case of changing the boundaries of the district or the end of the anti-terrorist operation, continue to investigate such criminal offences.

Article 5 Implementation of a special pre-trial investigation and special prosecution of persons who are in the area of an anti-terrorist operation

1. A voter turnout for the investigator, prosecutor, or the judicial call of the judge, a court (an inquest to call without a respectable cause more than two times) suspected, accused, who is in the area of an anti-terrorist operation, and The announcement of his search is the basis for the exercise of a special pre-trial investigation or special judicial proceedings in order foreseen. Criminal Procedure Code of Ukraine , with the features established by this Act.

The requirement for an ad in an interstate or international search does not apply to cases if the question of application is resolved regarding these persons of special criminal proceedings.

{The law is supplemented by a new article 5 under the Act No. 119-VIII of 15.01.2015 }

Article 6. Final Position

1. This Act will take effect from the day, the following day by the day of its publication.

2. The laws and other regulatory legal acts of Ukraine act in a part that does not contradict this Act.