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On Amendments To The Law On Operative-Search Activity "

Original Language Title: Про внесення змін до Закону України "Про оперативно-розшукову діяльність"

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C A C U A TO R S
On Amendments to the Law of Ukraine
"On speed and search"
(Information of the Verkhovna Rada of Ukraine (VR), 2001, N 14, pp. 72)

Verkhovna Rada of Ukraine Oh, I am. :
I. Introduce to the Law of Ukraine " On operational and
activity " ( 2135-12 ) (Information of the Verkhovna Rada of Ukraine,
1992, N 22, pp. 303, N 39, st. 572; 1993, N 11, pp. 83;
1994, N 11, pp. 52; 1998, N 26, pp. 149; 1999, N 4,
Oh, 35; 2000, N 10, pp. (79) Such changes:
1. In article 1, the words " concerning contrasting activities of individuals
and groups "to be replaced by the words" on the contrary deeds of individuals and individuals
groups responsible for which is predicted by the Criminal Code
Ukraine ". 2001-05 , 2002-05 ).
2. In Article 5:
in part one:
The second and third post is:
" Ministry of Internal Affairs of Ukraine is criminal,
transport and special militia, special units at the
Fight against organized crime, security
workers in court, law enforcement and criminal
Justice;
Security Services of Ukraine-intelligence, counterintelligence,
Military counterintelligence, protection of national statehood,
with special units fighting corruption and organized crime
crime, operational and internal security,
online documentation, combating terrorism and protection
the participants of criminal proceedings and law enforcement officers
Organs ";
the fifth paragraph after the words "ensuring the guard" complement
" exclusively to ensure the safety of persons and objects,
To which the State Guard is carried out ";
in part of the second word "not allowed" to replace the word
"forbidden".
3. In Article 6:
in part one:
in paragraph 1:
the paragraph of the first edition:
" (1) the presence of sufficient information obtained in
the law established that requires verification by means of
(...) (...)
paragraph fourth after the word "investigation" to supplement the word
"Court";
in the paragraph of the fifth word "persons who disappeared" replace
The words "persons are no-free";
in paragraph 2 and part of the second word "military and official"
"replace the words" secrets and to work with nuclear weapons
materials and on nuclear facilities. "
4. In Article 7:
Add a new article to the following paragraph 1:
" 1) within their powers according to the laws that
Constitute the legal basis of expeditious activities,
to use the necessary expeditious time
warning, timely detection, termination and disclosure
crime and discovery of the causes and conditions that contribute to the
Crime prevention, crime prevention. "
In this regard, items 1 to 5 are considered under paragraph 2 to 6.
Item 4:
" 4) inform the relevant public bodies known to them
facts and data as evidenced by the security threat of society and
countries, as well as violations of legislation related to
The official business of the officials. "
5. In Article 8:
in part one:
Item 2:
" (2) to conduct a control and operational procurement and
supply of goods, items and substances, including banned
for circulation, in physical and legal entities regardless of form
the purpose of identifying and documenting the facts of the contrasting
Hey, hey. How to conduct an operational procurement and a controlled
Supply is determined by the regulatory acts of the Ministry
Internal Affairs of Ukraine, Tax Militia, Security Service
Ukraine, agreed with the Prosecutor General of Ukraine and
registered in the Ministry of Justice of Ukraine ";
Item 3:
" (3) violate the law of order in accordance with the
Conduct of financial services checks
enterprises, institutions, organizations regardless of property forms and
persons engaged in business activities or other types of
the activities of the individual, and to participate in their
";
In paragraph 5, the words "armed" and "hard" exclude;
Item 8:
" 8) to carry out infiltration into the criminal group of the unspoken
an employee of an operational unit or person who
the latest, with preservation in the secrets of reliable data regarding their
-personality
The need for such penetration is made by a ruling that
Approved by the Chief of the relevant body ";
12, after "staff", supplemented with the words " and
Freelance ";
in paragraph 18 of the word " Office of the Protection of Higher
"Ukraine" to replace the words "State protection of State bodies"
The authorities of Ukraine and officials ";
a part of the second teaching in such an editorial:
" The unspoken penetration to housing or to another possession of a person,
lifting information from communication channels, control over correspondence,
phone conversations, telegraph and other correspondence,
application of other technical information
conducted by the decision of the court, adopted by the post of
the corresponding operational unit or its deputy. About
to obtain such permission by the court or by the refusal of the court in it
Persons report to prosecutors over the course of the day. Application of these
activities are held solely in order to prevent crimes or
to find the truth during the investigation of the criminal case, if
The other way of getting information is impossible. By Result
Implementation of the necessary operational and emergency activities
the protocol with appropriate applications that are subject to the use of
the source of evidence in criminal proceedings ";
third after the words "with the Attorney General of Ukraine"
In addition to the words "and the Head of the Supreme Court of Ukraine".
6. In Article 9:
part of the first complement of the words " or its authorized
"and the words" national security " to be replaced by the words
"Security Services";
in part three after the word "investigation" supplement the word
"Court" and the last sentence to replace the three sentences of this content:
" Without making an operational and open case
Expeditious measures, except for the case of
part of the fourth of this article, is prohibited. About Summary
-
approved by the boss or authorized deputy
Chief of the Interior, Security Service, Unit
border forces, the Office of the State Guard of Ukraine,
Operational Unit of Tax Militia, Body or Institution
The punishment. The play points to the place and the time of it
Drawing, the position of the person who makes a decision, her last name,
The basis and purpose of the conduct of the operation ";
Part of the fourth edition:
" In testing persons in connection with the interrogation of them to the State
mysteries, as well as to work with nuclear materials and on nuclear
There's no such thing as an operative-search case. Such
checking should take no more than one month ";
in part of the fifth word " with the prosecutor ' s sanctions on the person, in
the actions of which are signs of crime to "replace words" by the decision of the court
concerning the person in which there are signs of a grave crime ";
in part eight of the words "Border Troops" to replace
"State Border Protection Committee",
after the words "legal persons" to supplement the words "in the process"
exercise ", after" morals "
damage "-words" in full ", and after the word" required "
-word "irredeable";
In the thirteenth word "military and service"
exclude;
in part fourteen of the word "with the sanctions of the prosecutor"
exclude, and after words and numbers "within 24 hours to report"
Please add "court or".
7. To address the Act of Articles 9-1, 9-2 of this content:
" Article 9-1. Line-to-solve Lines
The conduct of operative cases is carried out:
1) regarding the unestablished persons preparing or committed a crime,
as well as persons hiding from the investigation bodies, the court
Or are evading criminal punishment,
installation or search, but not more than a string of antiquity
Prosecution of criminal liability or construction of antiquity
The execution of the indictment;
2) concerning persons in connection with the investigation into
The criminal case is punishable by law.
Before the trial of the case, the case was closed.
(Ordinance) of the court on the application of medical or spiritual measures
the character or before the closing of the criminal case by the court, the prosecutor,
The investigator, the authority of the knowledge;
3) regarding persons not free-to their search or until
By the decision of the Court, the decision of the Court of the Court of Law is in vain
Absent or of the declaration of their deceased;
4) concerning persons with regard to participation in the preparation
Or committing a crime, up to six months.
In the presence of data received during the course of logging
Task force to participate in the preparation or
to commit a serious crime of the conduct of the case may be
extended to 12 months by the Chief,
Ministry of Internal Affairs of Ukraine, Central
Office of the Security Service of Ukraine, Chief Management, Management
Ministry of Internal Affairs of Ukraine and Tax Militia
State Tax Administration of Ukraine in the Autonomous Republic of
Crimea, areas, cities of Kiev and Sevastopol, regional bodies
and the Military Counterintelligence Services of the Security Service of Ukraine,
Chairman of the State Border Protection Committee
Ukraine or their deputies.
Further extension of the line-of-search line
cases, but not more like 18 months, may be done
Minister of Internal Affairs of Ukraine, Head of the Security Service
Ukraine, First Deputy Chairman of the State Tax Office
Administration of Ukraine-Chief of Tax Militia, and
Chairman of the State Border Protection Committee
Ukraine and Head of the Office of State Protection of Ukraine.
Continuation of Hot-and-talk cases with respect to
foreigners who are suspected of reconnaissance and subversive activities
against Ukraine, over 18 months of Security Service
Ukraine is in agreement with the Prosecutor General of Ukraine.
Compute Line-of-Business Case
starting on the day of approval by the chief of the relevant body
He's the deputy of his decision to do business and ends in
day approval of the closure of the
Case.
The string calculation may stop if the person has a
We have a hard-looking business, and I've been temporarily out of line.
Ukraine is seriously ill and capable of taking care of it
There is no operational activity.
About termination and resuming a line calculation
The operative case is being made motivated by a ruling that
are approved by the chief of the relevant body or thereof
Deputy.
Article 9-2. Closing in-search cases
The operational-search case must be closed in case of:
1) a search for a person who was hiding from the organs
Investigation, trial, pending criminal proceedings
Punishment, as well as non-existent persons;
2) by the legal strength of the legal force, by the ruling or the decision
Court;
3) closing criminal case by court, prosecutor, investigators
Or the body of knowledge;
(4) Completion of reconnaissance, counter-intelligence
Measures or exertion of opportunities for their implementation;
5) refutation in the installed order of materials on
Criminal activities of persons;
6) exodus of persons to permanent residence outside of Ukraine,
If there's no way to deal with her hot-looted,
Measures;
7) uninstalling in the predicted data line of data that:
Indicate signs of a crime in person;
8) the detection of the prosecutor of an illegally held case in case of
Execution of task force;
(9) the death of an individual who has been involved in an operating-robe
Okay.
The shutdown consists of the following:
motivated by the ruling that the chief of the relevant body approves
Or his deputy. If things were done in such a case,
Expeditious action by the decision of the court,
closure is sent to the court in three-day row.
Closed Hot-and-solve storage lines
are set according to the legislation of Ukraine. "
8. Article 14 of the Board of Editors shall:
" Article 14. Supervision of the laws during the
online search
Supervision of the laws during the
Task force is carried out by the General Assembly.
Prosecutor of Ukraine, his deputies, prosecutors of Autonomous
Republic of Crimea, areas, cities of Kiev and Sevastopol and
attached to them by prosecutors and their deputies, as well as
Authorized by the Decree of the Attorney General of Ukraine
Superiors and prosecutors of the administration, departments of the General Assembly
The Prosecutor's Office of Ukraine and the Prosecutor's Office of the Autonomous Republic of Crimea
areas, cities of Kiev and Sevastopol.
The prosecutor within the limits of his competency:
1) unimpeded to all the premises of the organs, which
Conduct operations and operations;
2) requires to check orders, instructions, orders and
Other acts on operational and open-use activities,
online search, registration, accounting, reporting,
statistical, analytical documents and other information about
Perform operational and emergency activities;
(3) instruct the leaders of the relevant bodies to be held in
Units of inspections for the purpose of eliminating violations
Law;
4) gives written instructions for the conduct of operations and
measures in the interest of criminal proceedings, on the search of persons,
There are no unwittingly;
5) gives consent to the continuation line.
Operational and open-use activities;
6) receives an explanation regarding violations of the law requirements from the officials
Persons conducting operational and training activities;
7) check complaints against violations of laws.
conduct online-search activities, with an acquaintance of
The necessary cases with prompt materials;
8) cancels illegal orders of closure or closure
-----------------
online search activities or about other solutions that
Contrary to the law;
(9) takes measures to address the violations of the rule of law during the
Conduct operational and
Liability under established law;
10) deny the unlawful ruling of the court of permission or
Failure to conduct task force. Bring
The protest stops the conduct of operational and emergency measures,
"The Court of Justice".
9. In the text of the Law of the Word "National Security Service",
"Office of the Protection of Higher Forces of Ukraine" in all different countries
replace, according to the Security Service, Office of
the State of Ukraine " in relevant differences.
II. This Act takes effect from the day of its publication.

President of Ukraine
Um ... Kiev, 18 January 2001
N 2246-III