Homepage
Search this site
Repository (ODIHR only)
Site map
Contact:legislationline@odihr.pl
Criminal Code of the Republic of Ukraine (English version)
CODE OF CRIMINAL PROCEDURE OF UKRAINE
(Articles 1 to 93-1)
(Articles 94 to 236-8 (1002-05))
(Articles 237 to 449 ( 1003-05 ))
(Enacted by the Law of 28 December 1960 ( 1000-05 ), VVR, 1961, No 2, p.15)
(As amended and supplemented by Decrees of the Presidium of the Verkhovna Rada of Ukrainian SSR)
No 342а-05 of 27.06.61 (Vidomosti No 28, p.342)
No 461а-06 of 10.09.62 (Vidomosti No 37, p.461)
of 13.06.63 (Vidomosti No 25, p.406)
No 677а-06 of 18.11.63 (Vidomosti No 48, p.677)
of 18.01.66 (Vidomosti No 4 , p.15)
of 09.11.66 (Vidomosti No 44, p.274)
of 24.01.67 (Vidomosti No 5, p.63)
No 2631-07 of 18.03.70 (Vidomosti No 15, p.101)
No 117-08 of 30.08.71 (Vidomosti No 36, p.278)
No 862-08 of 21.07.72 (Vidomosti No 31, p.260)
No 986-08 of 30.08.72 (Vidomosti No 36, p.314)
No 1879-08 of 03.07.73 (Vidomosti No 29, p.249)
No 1898-08 of 23.07.73 (Vidomosti No 32, p.260)
No 1937-08 of 10.08.73 (Vidomosti No 34, p.271)
No 2718-08 of 17.06.74 (Vidomosti No 27, p.222)
No 3130-08 of 14.10.74 (Vidomosti No 44, p.445)
No 52-09 of 18.07.75 (Vidomosti No 30, p.371)
No 140-09 of 04.09.75 (Vidomosti No 37, p.418)
No 1593-09 of 22.12.76 (Vidomosti No 1, p.3)
No 1851-09 of 23.03.77 (Vidomosti No 14, p.131)
No 2281-09 of 01.07.77 (Vidomosti No 28, p.341)
No 3084-09 of 16.02.78 (Vidomosti No 9, p.163)
No 3086-09 of 16.02.78 (Vidomosti No 9, p.165)
No 270-10 of 26.05.80 (Vidomosti No 24, p.430)
No 2942-10 of 24.12.81 (Vidomosti No 1, p.2)
No 3464-10 of 17.05.82 (Vidomosti No 22, p.300)
No 6591-10 of 29.02.84 (Vidomosti No 11, p.203)
No 6834-10 of 16.04.84 (Vidomosti No 18, p.351)
No 8627-10 of 20.03.85 (Vidomosti No 14, p.321)
No 704-11 of 01.08.85 (Vidomosti No 33, p.787)
No 1432-11 of 10.12.85 (Vidomosti No 52, p.1224)
No 2444-11 of 27.06.86 (Vidomosti No 27, p.539)
No 2753-11 of 18.08.86 (Vidomosti No 35 p.750)
No 4392-11 of 31.07.87 (Vidomosti No 32 p.631)
No 4452-11 of 21.08.87 (Vidomosti No 35 p.674)
No 4981-11 of 25.11.87 (Vidomosti No 49 p.1008)
No 4995-11 of 01.12.87 (Vidomosti No 50 p.1016)
No 5397-11 of 10.02.88 (Vidomosti No 8 p.212)
No 5723-11 of 14.04.88 (Vidomosti No 17 p.427)
No 5822-11 of 29.04.88 (Vidomosti No 19 p.481)
No 6347-11 of 03.08.88 (Vidomosti No 33 p.808)
No 6976-11 of 14.12.88 (Vidomosti No 52 p.1184)
No 7226-11 of 06.03.89 (Vidomosti No 12 p.96)
No 7373-11 of 14.04.89 (Vidomosti No 17 p.148)
No 7617-11 of 16.06.89 (Vidomosti No 26 p.276)
No 8595-11 of 29.12.89 (Vidomosti 1990 No 2 p.15)
No 8711-11 of 19.01.90 (Vidomosti No 5 p.60)
No 8918-11 of 07.03.90 (Vidomosti No 12 p.194)
No 9082-11 of 20.04.90 (Vidomosti No 18 p.278)
No 9166-11 of 04.05.90 (Vidomosti No 20 p.313)
No 596-12 of 26.12.90 (Vidomosti 1991 No 3 p.13)
No 597а-12 of 26.12.90 (Vidomosti 1991 No 5 p.34)
No 647-12 of 18.01.91 (Vidomosti No 7 p.45)
No 661-12 of 28.01.91 (Vidomosti No 11 p.106)
No 838-12 of 18.03.91 (Vidomosti No 15 p.178)
No 1369-12 of 29.07.91 (Vidomosti No 45 p.600)
No 1434а-12 of 25.08.91 (Vidomosti No 40 p.531)
by Law of Ukrainian SSR
No 1255-12 of 25.06.91 (Vidomosti No 40 p.527)
by Laws of Ukraine
No 1564-12 of 18.09.91 (Vidomosti No 47 p.650)
No 1960-12 of 10.12.91 (Vidomosti No 10 p.142)
No 1974-12 of 12.12.91 (Vidomosti No 11 p.154)
No 2354-12 of 15.05.92 (Vidomosti No 32 p.457)
No 2464-12 of 17.06.92 (Vidomosti No 35 p.508)
No 2467-12 of 17.06.92 (Vidomosti No 35 p.510)
No 2468-12 of 17.06.92 (Vidomosti No 35 p.511)
No 2547-12 of 07.07.92 (Vidomosti No 39 p.570)
No 2613-12 of 17.09.92 (Vidomosti No 41 p.600)
No 2703-12 of 16.10.92 (Vidomosti No 47 p.647)
No 2857-12 of 15.12.92 (Vidomosti 1993 No 6 p.35)
No 2935-12 of 26.01.93 (Vidomosti No 12 p.97 )
No 2936-12 of 26.01.93 (Vidomosti No 12 p.98 )
No 2947-12 of 28.01.93 (Vidomosti No 14 p.120)
No 3039-12 of 03.03.93 (Vidomosti No 18 p.189)
No 3129-12 of 22.04.93 (Vidomosti No 22 p.228)
No 3130-12 of 22.04.93 (Vidomosti No 22 p.229)
No 3132-12 of 22.04.93 (Vidomosti No 22 p.230)
No 3351-12 of 30.06.93 (Vidomosti No 34 p.355)
No 3582-12 of 11.11.93 (Vidomosti No 46 p.427)
No 3780-12 of 23.12.93 (Vidomosti 1994 No 11 p.49)
No 3785-12 of 23.12.93 (Vidomosti 1994 No 11 p. 58)
No 3787-12 of 23.12.93 (Vidomosti 1994 No 11 p. 48)
No 3888-12 of 28.01.94 (Vidomosti No 19 p.111)
No 4018-12 of 24.02.94 (Vidomosti No 26 p.206)
No 4043-12 of 25.02.94 (Vidomosti No 28 p.238)
No 137/94-ВР of 27.07.94, VVR 1994, No 37, p.342
No 174/94-ВР of 21.09.94, VVR 1994, No 42, p.381
No 218/94-ВР of 20.10.94, VVR 1994, No 45, p.409
No 246/94-ВР of 15.11.94, VVR 1994, No 48, p.429
No 299/94-ВР of 16.12.94, VVR 1995, No 2, p. 8
No 305/94-ВР of 20.12.94, VVR 1995, No 2, p. 9
No 64/95-ВР of 15.02.95, VVR 1995, No 10, p. 64
No 282/95-ВР of 11.07.95, VVR 1995, No 29, p.216
No 358/95-ВР of 05.10.95, VVR 1995, No 34, p.268
No 360/95-ВР of 05.10.95, VVR 1995, No 35, p.271
No 323/96-ВР of 12.07.96, VVR 1996, No 52, p.294
No 386/96-ВР of 01.10.96, VVR 1996, No 46, p.247
No 388/96-ВР of 02.10.96, VVR 1996, No 46, p.249
No 530/96-ВР of 20.11.96, VVR 1997, No 4, p. 21
No 44/97-ВР of 05.02.97, VVR 1997, No 12, p.102
No 552/97-ВР of 07.10.97, VVR 1997, No 51, p.306
No 85/98-ВР of 05.02.98, VVR 1998, No 26, p.149
No 210/98-ВР of 24.03.98, VVR 1998, No 35, p.241
No 1134-XIV ( 1134-14 ) of 08.10.99, VVR, 1999, No 48, p.419
No 1288-XIV ( 1288-14 ) of 14.12.99, VVR, 2000, No 5, p.34
No 1381-XIV ( 1381-14 ) of 13.01.2000, VVR, 2000, No 10, p.79
No 1483-III ( 1483-14 ) of 22.02.2000, VVR, 2000, No 17, p.123
No 1587-III ( 1587-14 ) of 23.03.2000, VVR, 2000, No 24, p.183
No 1685-III ( 1685-14 ) of 20.04.2000, VVR, 2000, No 30, p.240
No 1833-III ( 1833-14 ) of 22.06.2000, VVR, 2000, No 46, p.392
No 1945-III ( 1945-14 ) of 14.09.2000, VVR, 2000, No 43, p.368
No 1981-III ( 1981-14 ) of 21.09.2000, VVR, 2000, No 45, p.389
in accordance with Constitutional Courts Decision
No 13-рп/2000 ( v013p710-00 ) of 16.11.2000
by Laws
No 2114-III ( 2114-14 ) of 16.11.2000, VVR, 2001, No 1, p.3
No 2181-III ( 2181-14 ) of 21.12.2000 takes legal effect as of 1 April 2001, VVR, 2001, No 10, p.44
No 2247-III ( 2247-14 ) of 18.01.2001, VVR, 2001, No 13, p.66
No 2362-III ( 2362-14 ) of 05.04.2001, VVR, 2001, No 23, p.117
No 2409-III ( 2409-14 ) of 17.05.2001, VVR, 2001, No 31, p.146
No 2533-III ( 2533-14 ) of 21.06.2001, VVR, 2001, No 34-35, p.187 effective from 29.06.2001
No 2670-III ( 2670-14 ) of 12.07.2001 - for entry into force see Paragraph 1 "Final Provisions" of Law No 2670-III
( 2670-14 ) of 12.07.2001, VVR, 2001, No 44, p.234
No 2922-III ( 2922-14 ) of 10.01.2002, VVR, 2002, No 17, p.117
No 2953-III ( 2953-14 ) of 17.01.2002, VVR, 2002, No 17, p.121
No 3082-III ( 3082-14 ) of 07.03.2002, VVR, 2002, No 30, p.208
No 3111-III ( 3111-14 ) of 07.03.2002, VVR, 2002, No 33, p.236
in accordance with Constitutional Courts Decision
No 3-рп/2003 ( v003p710-03 ) of 30.01.2003
by Laws
No 430-IV ( 430-15 ) of 16.01.2003, VVR, 2003, No 14, p.95 4 effective from 11.06.2003
No 487-IV ( 487-15 ) of 06.02.2003, VVR, 2003, No 15, p.108
No 488-IV ( 488-15 ) of 06.02.2003, VVR, 2003, No 15, p.109
No 658-IV ( 658-15 ) of 03.04.2003, VVR, 2003, No 26, p.190
No 662-IV ( 662-15 ) of 03.04.2003, VVR, 2003, No 27, p.209 effective from 01.08.2003
No 669-IV ( 669-15 ) of 03.04.2003, VVR, 2003, No 26, p.199
No 743-IV ( 743-15 ) of 15.05.2003, VVR, 2003, No 29, p.233
No 850-IV ( 850-15 ) of 22.05.2003, VVR, 2003, No 35, p.271
No 903-IV ( 903-15 ) of 05.06.2003, VVR, 2003, No 38, p.316 )
( In respect of the constitutionality of some provisions
See. Constitutional Courts Decision
No 14-рп/2003 ( v014p710-03 ) of 08.07.2003 )
(As amended by Laws
No 965-IV ( 965-15 ) of 19.06.2003, VVR, 2003, No 45, p.357
No 1125-IV ( 1125-15 ) of 11.07.2003, VVR, 2004, No 8, p.63
No 1703-IV ( 1703-15 ) of 11.05.2004, VVR, 2004, No 32, p.394
No 1723-IV ( 1723-15 ) of 18.05.2004, VVR, 2004, No 36, p.430
No 2252-IV ( 2252-15 ) of 16.12.2004, VVR, 2005, No 5, p.119
No 2289-IV ( 2289-15 ) of 23.12.2004, VVR, 2005, No 6, p.139
No 2376-IV ( 2376-15 ) of 20.01.2005, VVR, 2005, No 10, p.195
No 2377-IV ( 2377-15 ) of 20.01.2005, VVR, 2005, No 11, p.198
No 2598-IV ( 2598-15 ) of 31.05.2005, VVR, 2005, No 27, p.359
No 2631-IV ( 2631-15 ) of 02.06.2005, VVR, 2005, No 26, p.358
No 2875-IV ( 2875-15 ) of 08.09.2005, VVR, 2005, No 52, p.562
No 3108-IV ( 3108-15 ) of 17.11.2005, VVR, 2006, No 1, p.18
No 3150-IV ( 3150-15 ) of 30.11.2005, VVR, 2006, No 8, p.92
No 3165-IV ( 3165-15 ) of 01.12.2005, VVR, 2006, No 12, p.102
No 3169-IV ( 3169-15 ) of 01.12.2005, VVR, 2006, No 12, p.105
No 3323-IV ( 3323-15 ) of 12.01.2006, VVR, 2006, No 19-20, p.158
No 3480-IV ( 3480-15 ) of 23.02.2006, VVR, 2006, No 31, p.268
No 3504-IV ( 3504-15 ) of 23.02.2006, VVR, 2006, No 33, p.280
No 3538-IV ( 3538-15 ) of 15.03.2006, VVR, 2006, No 35, p.295
No 170-V ( 170-16 ) of
21.09.2006, VVR,
2006, No 45, p.443
No 462-V ( 462-16 ) of 14.12.2006, VVR, 2007, No 9, p.74
No 526-V ( 526-16 ) of 22.12.2006, VVR, 2007, No 11, p.95
No 534-V ( 534-16 ) of 22.12.2006, VVR, 2007, No 10, p.91
No 578-V ( 578-16 ) of 11.01.2007, VVR, 2007, No 13, p.131
No 609-V ( 609-16 ) of 07.02.2007, VVR, 2007, No 15, p.194
No 965-V ( 965-16 ) of 19.04.2007, VVR, 2007, No 32, p.411
No 966-V ( 966-16 ) of 19.04.2007, VVR, 2007, No 32, p.412
No 1071-V ( 1071-16 ) of 24.05.2007, VVR, 2007, No 34, p.447 )
(For official interpretation of the Code See. the Constitutional Courts Decision No 11-рп/2007 ( va11p710-07 ) of 11.12.2007)
(As amended by Laws
No 270-VI ( 270-17 ) of 15.04.2008, VVR, 2008, No 24, p.236
No 801-VI ( 801-17 ) of 25.12.2008, VVR, 2009, No 23, p.278
No 807-VI ( 807-17 ) of 25.12.2008, VVR, 2009, No 19, p.261
No 839-VI ( 839-17 ) of 13.01.2009, VVR, 2009, No 23, p.279
No 894-VI ( 894-17 ) of 15.01.2009, VVR, 2009, No 26, p.317
No 1254-VI ( 1254-17 ) of 14.04.2009, VVR, 2009, No 36-37, p.511
No 1276-VI ( 1276-17 ) of 16.04.2009, VVR, 2009, No 38, p.535
No 1414-VI ( 1414-17 ) of 02.06.2009, VVR, 2009, No 41, p.600 )
(For provisions recognized as unconstitutional See.
the Constitutional Courts Decision No 16-рп/2009 ( v016p710-09 ) of 30.06.2009)
(As amended by Laws
No 1616-VI ( 1616-17 )
of 21.08.2009, VVR,
2009, No 50, p.754
No 1657-VI ( 1657-17 ) of 21.10.2009, VVR, 2010, No 4, p.21
No 1708-VI ( 1708-17 ) of 05.11.2009, VVR, 2010, No 5, p.44
No 1876-VI ( 1876-17 ) of 11.02.2010, VVR, 2010, No 18, p.139
No 1940-VI ( 1940-17 ) of 04.03.2010, VVR, 2010, No 20, p.201
No 2258-VI ( 2258-17 ) of 18.05.2010, VVR, 2010, No 29, p.392
No 2262-VI ( 2262-17 ) of 18.05.2010, VVR, 2010, No 28, p.355
No 2286-VI ( 2286-17 ) of 21.05.2010, VVR, 2010, No 31, p.421
No 2339-VI ( 2339-17 ) of 15.06.2010, VVR, 2010, No 32, p.451
No 2395-VI ( 2395-17 ) of 01.07.2010, VVR, 2010, No 38, p.506
No 2396-VI ( 2396-17 ) of 01.07.2010, VVR, 2010, No 38, p.507
No 2453-VI ( 2453-17 ) of 07.07.2010, VVR, 2010, No 41-42, No 43,
No
44-45, p.529
No 2507-VI ( 2507-17 ) of 09.09.2010 )
(In the body of the Code, words service person are replaced with official by Law No 282/95-BP of 11.07.95)
(In the body of the Code, words Crimean Republic are replaced with the Autonomous Republic of Crimea by Law No 2533 (2533-14) of 21.06.2001)
(In the body of the Code, words preliminary investigation, preliminary are replaced with pretrial investigation, pre-trial, respectively, by Law No 2670-III (2670-14) of 12.07.2001)
Section I
GENERAL PROVISIONS
Chapter 1
BASIC PROVISIONS
Article 1. Purpose of the Code of Criminal Procedure of Ukraine
Code of Criminal Procedure of Ukraine prescribes the way in which criminal proceedings should be conducted.
(Article 1 as amended by Law No 2857-XII (2857-12) of 15.12.92)
Article 2. Tasks of criminal proceedings
Criminal proceedings aim at protecting rights and legal interests of physical and legal persons who take part therein as well as at a speedy and full resolution of crimes, identification of those guilty and ensuring correct application of law so that everyone who has committed a crime is prosecuted while everyone innocent is not punished.
(Article 2 as amended by Law No 2857-XII (2857-12) of 15.12.92)
Article 3. Applicability of the statute of criminal procedure
Criminal proceedings are conducted in the territory of Ukraine in accordance with the present Code wherever a crime has been committed.
Statute of criminal procedure which is effective during the inquiry, pre-trial investigation or trial, respectively, is applicable in criminal proceedings.
Rules of the present Code are applied in proceedings related to crimes committed by foreigners, except those who enjoy diplomatic immunity. Rules of the present Code are also applied in cases related to crimes committed by stateless persons.
(Article 3 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84)
Article 4. Duty to institute criminal proceedings and resolve a crime
Court, prosecutor, investigator, and inquiry agency are required, within their respective competencies, to institute criminal proceedings in every case when elements of crime are found and to take every legal measure to establish the occurrence of crime, the persons guilty of having committed the crime, and to punish them.
Article 5. Inadmissibility to prosecute an accused individual otherwise than on the grounds and in the way prescribed by law
No one may be prosecuted as an accused individual otherwise than on the grounds and in the way prescribed by law.
Article 6. Circumstances that preclude criminal proceedings
Criminal proceedings may not be instituted while instituted criminal proceedings should be closed:
1) in the absence of the occurrence of crime;
2) if an act does not contain any element of crime.
(Subparagraph 3 of the paragraph 1 of Article 6 is omitted by Law No 2670-III (2670-14) of 12.07.2001)
4) as a result of amnesty if it waives imposition of a punishment of the act committed as well as in connection with individual pardon;
5) in respect of a person who has not attained 11 years at the time when he/she has committed socially dangerous act;
6) if the accused, defendant has reconciled with the victim in proceedings which are instituted upon victims complaint, save exceptions referred to in paragraphs 2, 4, and 5 of Article 27 of this Code;
7) if the victim has not lodge his/her complaint, when proceedings may be instituted only upon his/her complaint, except when prosecutor has the right to institute proceedings and in the absence of the victims complaint (paragraph 3 of Article 27 of this Code);
8) in respect of a deceased, except when proceedings in the case are necessary to vindicate a deceased or renew the case in respect of other persons upon newly discovered facts;
9) with regard to the person in whose respect the judgment which has taken legal effect was pronounced based on the same charge or a decision or ruling has been passed to close proceedings based on the same ground;
10) with regard to the person in whose respect there is a decision of the inquiry agency, investigator, prosecutor to close proceedings related to the same charge if such decision has not been repealed;
11) if there is a valid decision of the inquiry agency, investigator, prosecutor to deny instituting criminal proceedings related to the same fact.
12) with regard to a crime in respect of which the state that extradited a person has granted no consent.
(Paragraph 2 of Article 6 is omitted by the Law No 2670-III (2670-14) of 12.07.2001)
Whenever circumstances referred to in subparagraphs 1, 2, and 4 of this Article appear at the stage of trial, the court considers the case up to the end and, in cases provided for in subparagraphs 1 and 2 of the present article, pronounces the judgment of acquittal while, in cases provided for in subparagraph 4, passes the judgment of conviction and releases the convict from the punishment.
Termination of a case based on the grounds specified in subparagraph 4 of this Article shall not be deemed acceptable if the accused objects thereto. In this case conduct of the case shall be continued according to the general procedure.
With the sufficient grounds present to consider that a socially dangerous act has been committed by the person who has attained 11 years but prior to the age permitted for prosecution as established by law, criminal proceedings should be instituted based on such act. Such a case is resolved as prescribed in Article 7-3 of the present Code.
If, in the course of inquiry, pre-trial investigation or trial or verification which has been conducted based on the grounds referred to in paragraph 4 of Article 97 of the present Code, elements of an administrative offence are found in a persons act in addition to circumstances referred to in subparagraphs 1, 2, 4, 6, 7, 9 11 of paragraph 1 of the present Article which preclude criminal proceedings, - the inquiry agency, investigator, prosecutor, court or the judge concerned are required to refer appropriate records to the agency (official) that is competent to deal with the case related to such administrative offence.
(Article 6 as amended by decrees of the Presidium of the Verkhovna Rada of 10.09.62, No 6834-10 of 16.04.84, by laws No 3351-12 of 30.06.93, No 3787-12 of 23.12.93, No 358/95-ВР of 05.10.95, No1483-III ( 1483-14 ) of 22.02.2000, No2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001, No 2286-VI ( 2286-17 ) of 21.05.2010)
Article 7. Procedure for the release from prosecution and punishment as a result of changes in the situation
The court may release defendant from prosecution if it is found that, at the time of trial, the act committed by the defendant or the defendant himself/ herself has become socially safe.
Prosecutor and investigator, upon prosecutors consent, with the grounds referred to in Article 48 of the Criminal Code of Ukraine (2341-14), draws up a motivated decision to refer the case to court for deciding the matter of releasing the person concerned from prosecution.
With the grounds referred to in Article 48 of the Criminal Code of Ukraine, in cases which have been referred to court with the indictment, the court takes decision to close the case in court session.
Criminal proceedings should be closed based on such grounds with full respect of paragraphs 2 and 3of Article 7-1 of the present Code.
Court, by its judgment, may release from punishment the person who has committed the offense of minor or moderate severity if the court, taking into account irreproachable behavior and fair attitude of the person towards work, finds that, at the time of trial, the person concerned can not be considered socially dangerous.
Court, by its judgment, may also release a person from prosecution or punishment based on the grounds referred to in Articles 49 and 74 of the Criminal Code of Ukraine (2341-14).
(Article 7 as amended by decrees of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84, laws No 3351-XII ( 3351-12 ) of 30.06.93, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 7-1. Closing criminal proceedings in connection with effective confession, reconciliation of the accused with the victim, imposition of compulsory measures of educational nature, commission of a person on bail, or expiration of periods of limitation
Court may close criminal proceedings in connection with:
1) effective confession;
2) reconciliation of the accused with the victim;
3) imposition of compulsory measures of educational nature on a juvenile as prescribed in Article 447 of the present Code;
4) taking a person on bail by the staff of an enterprise, institution or organization;
5) expiration of periods of limitation.
Prior to referring criminal case to court, the person concerned should be advised of the substance of charges, the ground for release from prosecution, and the right to object to the closure of proceedings based on such ground.
Criminal case may not be referred to court based on the grounds specified in the present Article if the accused, defendant objects thereto. If so, proceedings in the case should be continued in the regular course of actions.
Whenever prosecutor or investigator makes decision to refer the case to court in cases specified in the paragraph 1 of Article 7-1 of the present Code, they should make known the name of the decision to the accused, his/her defense counsel, victim or representative of the latter and, if they request, - all records of the case and explain them their rights set forth in the present Code.
(Article 7-1 is added to the Code by virtue of the Decree of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 3787-XII ( 3787-12 ) of 23.12.93, No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 7-2. Releasing from prosecution in connection with effective confession
Prosecutor and investigator, upon consent of the prosecutor, with grounds referred to in Article 45 of the Criminal Code of Ukraine (2341-14) present, may, by their motivated decision, refer criminal case to court so that the latter decides on the release of the accused from prosecution.
With grounds referred to in Article 45 of the Criminal Code of Ukraine present, court passes the ruling to close the case if the case was referred to court with an indictment.
(Article 7-2 is added to the Code by virtue of the Decree of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, Laws No 3351-XII ( 3351-12 ) of 30.06.93, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, as revised by Law No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 7-3. Resolving cases related to socially dangerous acts whose perpetrator has not attained the age permitted for prosecution
The person in the age from 11 till the age permitted for prosecution, who is suspected of committing a socially dangerous act which has elements of crime punishable under the Criminal Code of Ukraine (2341-14) by confinement for more than 5 years, and if there are enough grounds to consider that he/she will evade investigation and court or procedural decisions, obstruct establishment of the truth in the case or continue illegal activity, may be placed in the receiving/distributing center for juveniles for up to 30 days. Given reasonable grounds this term may be extended by courts decision up to 30 more days. The court should immediately decide on the placement of such person in the receiving/distributing center for juveniles upon request of investigator or inquiry agency as agreed with prosecutor, taking into account the special features prescribed by paragraphs 3 and 4 of Article 447 of this Code. Courts decision may be appealed against before the Court of Appeals by prosecutor, legal representative, defense counsel of an underage and the underage himself/herself within three days after such decision has been made. Filing the appeal does not affect execution of courts decision on the placement of a child in the receiving/distributing center for juveniles.
Having established that a socially dangerous act has been committed by the person in the age of 11 till the age permitted for prosecution, investigator makes a motivated decision to close the case and impose compulsory measures of educational nature against the juvenile concerned. The case together with the decision is submitted to the prosecutor.
The juvenile in whose respect the decision was made and his/her parents or persons replacing them, prior to the case is referred to the prosecutor, are given the possibility to review all records of the case and, in so doing, they may take advices of a defense counsel.
(Paragraph 3 of Article 7-3 is omitted by Law No 2507-VI ( 2507-17 ) of 09.09.2010)
Having established in criminal proceedings that a socially dangerous act has been committed by a child who has not attained 11 years, the investigator makes a decision to close proceedings in the case with full respect for paragraph 3 of the present Article and informs thereon the prosecutor and the Service in charge of Juveniles in the place of childs residence.
(Article 7-3 is added to the Code by Law No 3787-XII ( 3787-12 ) of 23.12.93, as amended by Laws No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001, No 2670-III ( 2670-14 ) of 12.07.2001, No 609-V ( 609-16 ) of 07.02.2007, No 2507-VI ( 2507-17 ) of 09.09.2010 )
Article 8. Releasing from prosecution in connection with reconciliation of the accused, defendant with the victim
Prosecutor and investigator, upon prosecutors consent, with grounds referred to in Article 46 of the Criminal Code of Ukraine (2341-14), may take a motivated decision to refer the case to court so that the latter decides on the release of the accused from prosecution.
With grounds referred to in Article 46 of the Criminal Code of Ukraine present, the court, in court session, takes decision to close proceedings in the case if the case was submitted to court with a indictment.
(Article 8 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) 16.04.84, Law No 3351-XII ( 3351-12 ) of 30.06.93, as revised by Law No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 9. Releasing from prosecution with imposition of compulsory measures of educational nature against a juvenile
Prosecutor and investigator, upon prosecutors consent, based on the ground referred to in paragraph 1 of Article 97 of the Criminal Code of Ukraine (2341 14), makes a motivated decision to refer the case to court so that the latter decides on the release of the juvenile concerned from prosecution. In such case, the juvenile is brought charges with full respect for Articles 438 and 440 of the present Code and, after the decision has been made, is produced all records of the case. The prosecutor refers records of the case together with the list of persons to be summoned in court to court.
With grounds referred to in paragraph 1 of Article 97 of the Criminal Code of Ukraine present, the court, in court session, takes decision to close proceedings in the case if the case was submitted to court with an indictment.
(Article 9 as revised by Law No 3787-XII ( 3787-12 ) of 23.12.93, as amended by Law No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 10. Releasing from prosecution in connection with bail
Prosecutor and investigator, upon prosecutors consent, with grounds referred to in Article 47 of the Criminal Code of Ukraine (2341-14) present, may take a motivated decision to refer the case to court so that the latter decides on the release of the accused from prosecution and his/her commission on bail to the staff of an enterprise, institution or organization upon their request endorsed by the General Meeting. Minutes of the General Meetings are attached to records of the case.
Upon request of the staff, prosecutor, investigator informs the General Meeting on the circumstances under which the crime of a minor or moderate severity has been committed.
With grounds referred to in Article 47 of the Criminal Code of Ukraine present, the court, in court session, takes decision to close proceedings in the case if the case was submitted to court with an indictment.
Court, prosecutor, investigator is required to inform the staff that the person concerned has been released on bail of the staff.
(Article 10 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 3351-XII ( 3351-12 ) of 30.06.93, No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 11. Denying bail
With grounds present which, under Article 47 of the Criminal Code of Ukraine, preclude bail, court, prosecutor, investigator denies the request for bail and informs on reasons for such denial.
Investigator or prosecutors denial to take decision on referring the case to court so that the latter decides on the release from prosecution with subsequent bail does not affect the staffs right to file request for bail with court.
(Article 11 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84; by Laws No 3351-XII ( 3351-12 ) of 30.06.93, No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 11-1. Releasing from prosecution in connection with expiration of periods of limitation
Prosecutor and investigator, upon prosecutors consent, based on the ground referred to in paragraph 1 of Article 49 of the Criminal Code of Ukraine (2341 14), makes a motivated decision to refer the criminal case to court so that the latter decides on the release of the accused from prosecution.
With grounds referred to in paragraph 1 of Article 49 of the Criminal Code of Ukraine present, the court closes criminal proceedings in the case in connection with expiration of periods of limitation if the case was submitted to court with an indictment.
If, in the course of inquiry and pre-trial investigation during time-limits referred to in paragraph 1 of Article 49 of the Criminal Code of Ukraine, the perpetrator of crime has not been established, prosecutor or investigator, upon prosecutors consent, refers criminal case to court so that the latter decides on the closure of the case based on the ground referred to in the paragraph 2 of the present Article.
The court decides on the application of periods of limitation to the person who has committed a crime of especially great severity for which life imprisonment may be imposed under law. If court finds it impossible to apply periods of limitation, life imprisonment, under paragraph 4 of Article 49 of the Criminal Code of Ukraine, may not be imposed and should be replaced with imprisonment for a definite term.
(Article 11-1 is added to the Code by Law No 2670 III (2670-14) of 12.07.2001)
Article 12. Victims challenging courts decision to release a person from prosecution in connection with changes in the situation, effective confession, imposition of compulsory measures of educational nature against a juvenile, bail, and expiration of periods of limitation
When deciding on the closure of a criminal case under Articles 7, 7-1, 7-2, 8, 9, 10, and 11-1 or when imposing compulsory measures of educational nature against a juvenile under Article 7-3 of the 11present Code, the court is required to find out the victims opinion and, if the case is closed, to inform the victim and his/her representative thereon. The victim or his/her representative may challenge decision to close the case by way of appeal.
(Article 12 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84, No 8627-X ( 8627-10 ) of 20.03.85, No 838-XII ( 838-12 ) of 18.03.91, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 3351-XII ( 3351-12 ) of 30.06.93, No 3787-XII ( 3787-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, as revised by Law No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 13. Renewing proceedings in a case if bail is waived
If court is in possession of the decision made by the staff of the enterprise, institution, or organization at the General Meeting to waive the bail taken for the person who, throughout the year after the bailment, brakes the thrust of the staff, avoids measures of educational nature, and shatters public order, the court decides on the prosecution of such person.
In such a case, the case is renewed in accordance with Chapter 31 of the present Code.
(Article 13 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, as revised by Law No 2670-III ( 2670-14 ) of 12.07.2001 )
(Article 13-1 is omitted by virtue of the Decree of the Presidium of the Verkhovna Rada No 838-XII (838-12) of 18.03.91)
Article 14. Inviolability of person
No one may be arrested otherwise than based on courts decision.
Prosecutor should immediately release everyone who has been illegally confined or is kept in custody over period prescribed by law or a judgment.
(Article 14 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 )
Article 14-1. Inviolability of home, protection of citizens life, confidentiality of correspondence, telephonic conversations and telegraphic communications, bank deposits and accounts
Inviolability of home is guaranteed to citizens. No one is entitled to enter a home without legal cause and against the will of persons residing therein.
Citizens life, confidentiality of correspondence, telephonic conversations and telegraphic communications, bank deposits and accounts are protected by law.
Search, removal, inspection of citizens premises, arrest of correspondence and removal thereof in post and telegraphic institutions may be conducted only on the grounds and according to the procedure specified in the present Code.
If there is a threat of violence or any other unlawful acts against protected persons, wiretapping of telephone and other conversations, surveillance with or without audio recording, video recording, photographing and filming may be conducted upon written application or written consent of threatened persons. (Paragraph 4 of Article 14-1 as amended by Law No 965-IV (965-15) of 19.06.2003)
Wiretapping of telephone and other conversations, disclosure of information containing bank secrets are made upon written authorization of such informations owner or upon courts decision, except as provided for in the Law of Ukraine On terrorism control (638-15). (Paragraph 5 of Article 14-1 as amended by Law No 965-IV (965-15) of 19.06.2003).
(Article 14-1 is added by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84; as amended by Laws No1381-XIV ( 1381-14 ) of 13.01.2000, No 2922-III ( 2922-14 ) of 10.01.2002 )
Article 15. Administering justice only buy court
Justice in criminal proceedings is administered only by court.
No one may be found guilty in the commission of crime and criminally punished therefor otherwise than based on a courts sentence and in accordance with law.
(Article 15 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84)
Article 16. Justice administered in accordance with principle of citizens equality before law and court
Justice in criminal proceedings is administered in accordance with principle of citizens equality before law and court irrespectively of origin, social and property status, race and ethnic origin, sex, education, language spoken, attitude towards religion, kind and character of occupation, place of residence and other circumstances.
(Article 16 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84)
Article 16-1. Adversariality and optionality of proceedings
Courts try cases on the basis of adversariality of proceedings.
While conducting a case trial, the functions of prosecution, defense and ruling the case may not be imposed on the same body or person.
The government in court is represented by a prosecutor. In cases specified in the present Code, the victim or his/her representative conducts prosecution.
The defense of a defendant is maintained by the defendant himself/herself, by the defense counsel or legal representative of the latter.
Procurator, defendant, his/her defense counsel or legal representative, victim, civil plaintiff, civil defendant and their representatives participate in court session as parties and enjoy equal rights and freedom in producing evidence, examining it and proving its validity before court.
The court, while keeping objectivity and impartiality, creates necessary conditions for the parties to fulfill their procedural obligations and enjoy the rights granted thereto.
The function of trying a case is imposed on court.
(Article 16-1 is added by Law No 2533-III (2533-14) of 21.06.2001 effective from 29.06.2001).
Article 16-2. Automated electronic document management system in court
Automated electronic document management system which operates in court ensures:
1) objective and unprejudiced distribution of cases among judges in accordance with the principles of priority and equal number of cases for each judge;
2) providing information on situation of proceedings, for physical and juridical persons, which take part in these proceedings;
3) centralized storage of judgments, rulings, decisions, and other procedural documents;
4) preparation of statistical data;
5) registration of incoming and outgoing correspondence and stages of its movement;
6) issuing of courts judgments, decisions, rulings and executions on the basis of available data in the system;
7) transmission of cases to the electronic archive.
Criminal cases, complaints, submissions and other procedural documents prescribed under the law, which are submitted to court and may be the subject of judicial proceedings, should be registered in the automated electronic document management system of court on obligatory basis in the order of their receipt by relevant court staff members on the day of their arrival. The following data should be inserted into automated electronic document management system of court on a mandatory basis: the date of receipt of the criminal case, complaint, submission or other procedural document, name of the person against whom the documents were submitted and their meaning, surname (name) of person (body), from whom the documents were received, surname of the court staff member who has made the registration, information on court documents movement, information about the judge who examined the case and other data, prescribed by the Provisions on the automated electronic document management system of court that approved by the Council of Judges of Ukraine as agreed with the State Judicial Administration of Ukraine.
Appointing a judge or panel of judges for trying a particular case is implemented by the automated electronic document management system of court during the registration of the respective criminal case, complaint, submission or other procedural document on the basis of probability, which takes into account the number of cases under trial, the prohibition to participate in reviewing judgments, rulings and regulations for the judge who participated in making a judgment, rulings and decision, the question of verification of which is raised, judges being on leave, on sick leave, on a business trip and the expiry of their mandate. Cases are distributed taking into account the specialization of judges. After the appointment of a judge or panel of judges for trying a particular case, amendments to registration data on this case, and the deleting of these data from the automated electronic document management system of court is not allowed, except instances specified by the law.
Access to the automated electronic document management system of court is given to judges and relevant court staff members in accordance with their functional responsibilities.
Unauthorized interference into the operation of the automated electronic document management system of court results in responsibility under the law.
Functioning procedure of the automated electronic document management system of court, including issuing courts judgments, decisions, rulings and executions, transmission of cases to the electronic archive, storage of judgments, rulings, decisions, and other procedural documents, providing information for physical and legal persons, preparation of statistical data, is defined by the Provisions on the automated electronic document management system of court.
( Article 165-2 is added to this Code by Law No 2453-VI ( 2453-17 ) of 07.07.2010 amendments regarding introduction of automated electronic document management system in courts shall come into force on 01.01.2011, and changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010 ).
Article 17. Collegiate trial and trial by a single judge
Criminal cases are tried in the trial court by a single judge who acts on behalf of the court, except cases referred to in paragraphs 1 and 2 of the present Article.
Criminal cases related to crimes punishable under law with confinement for more than ten years are tried in the trial court by a panel composed of three judges if the defendant filed a petition for such trial.
Criminal cases related to crimes which under law may be punished with life imprisonment are tried in the trial court by a panel composed of two judges and three peoples assessors, the latter enjoying all rights vested in a judge when administering justice.
Trial of cases by way of appeal and cassation is conducted respectively in appellate and cassation court by a panel composed of three judges. Trial of cases in exceptional cases is conducted in appellate and cassation court by a panel composed of three judges at least.
A judge or a panel of judges to conduct a particular case is assigned according to the procedure specified in paragraph 3 of Article 16-2 of this Code.
Trial of cases in the Supreme Court of Ukraine is conducted by a panel of judges composed of all the judges of the Supreme Court of Ukraine.
(Article 17 as revised by Law No 2464-XII ( 2464-12 ) of 17.06.92, as amended by Laws No 174/94-ВР ( 174/94-ВР ) of 21.09.94, No 1483-III ( 1483-14 ) of 22.02.2000, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001 ), No 2453-VI ( 2453-17 ) of 07.07.2010 - .
Article 18. Independence of judges and their obedience only to law
In administering justice in criminal cases, judges and peoples assessors are independent and obey only to law. Judges and peoples assessors resolve criminal cases based on law and under conditions which exclude external influence on judges.
(Article 18 as amended by Law No 2857-XII (2857-12) of 15.12.92).
Article 19. Language of criminal proceedings
Criminal proceedings are conducted in Ukrainian or in a language spoken by the majority of local population.
Participants to the case who do not speak the language in which proceedings are conducted are ensured the right to make statements, give testimonies, submit motions, review all records of the case, speak mother language in court, and have translator as prescribed in the present Code.
Investigatory and judicial documents, in accordance with procedure established in the present Code, are handed over to the accused in translation to his/her mother language or other language he/she knows.
(Article 19 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84)
Article 20. Openness of court
Trial of cases in all courts is open, except when the openness is contrary to the interests of protecting state or any other legally protected secret.
Trial in camera is permitted upon courts motivated decision in cases related to crimes whose perpetrator has not attained 16, in cases related to sexual crimes, as well as in other cases to avoid disclosure of information on intimate life of persons who participate in the case and when interests of security for protected persons so require.
Trial of cases in camera is conducted with full respect for all rules governing proceedings.
In all cases, judges pronounce their judgment publicly.
(Paragraph 5 of the present Article is omitted by Law No 2553-III (2533-14) of 21.06.2001 effective from 29.06.2001)
(Article 20 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 850-IV ( 850-15 ) of 22.05.2003 )
Article 21. Ensuring right to defense to the suspect, accused, and defendant
Right to defense is ensured to the suspect, accused, and defendant.
Inquirer, investigator, prosecutor, judge, and court, before the first examination of the suspect, accused, and defendant, are required to advice them of the right to have a defense counsel and draw up an appropriate record thereon, as well as provide the suspect, accused, and defendant the possibility to defend themselves with legal remedies from the charge brought and ensure protection of their personal and property rights.
(Article 21 as revised by Law No 3780-XII (3780-12) of 23.12.93)
Article 22. Thorough, complete and objective examination of the circumstances of the case
Prosecutor, investigator, and inquirer are required to take all legal measures to ensure thorough, complete and objective examination of the case, reveal facts which both incriminate and acquit the accused, as well as facts which mitigate and aggravate his/her responsibility.
Court, prosecutor, investigator, and inquirer may not place the burden of proof on the accused.
It is not permitted to seek testimonies from the accused and other participants to the case with the use of violence, threats, and other illegal measures.
(Article 22 as amended by Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 )
Article 23. Finding out causes and conditions which have contributed to the commission of crime
When conducting inquiry, pre-trial investigation and trial of a criminal case, the inquiry agency, investigator, prosecutor is required to find out causes and conditions which have contributed to the commission of crime.
(Article 23 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 )
Article 23-1. Submission of the inquiry agency, investigator, prosecutor in a criminal case
Having established causes and conditions which have contributed to the commission of crime, the inquiry agency, investigator, prosecutor makes a submission to the appropriate public authority, civil society organization or official so that they take necessary measures to eliminate such causes and conditions.
If the inquiry, pre-trial investigation or verification, the latter being conducted on the grounds referred to in paragraph 4 of Article 97 of the present Code, establishes that the act committed by the person to be prosecuted or acts committed by others contain elements of a disciplinary offence or these persons should be brought to material responsibility under applicable laws, the inquiry agency, investigator, or prosecutor are required to raise, in the submission, question of bringing these persons to disciplinary or material responsibility.
The person who made the submission should be informed on actions taken on the submission and results thereof within one month after the submission has been made.
If the official does not take action on the submission, the inquiry agency, investigator, or prosecutor are required to take measures specified in Articles 254 257 of the Code of administrative offences of Ukraine (80732-10).
(Article 23-1 is added by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, as amended by Law No 358/95-BP (358/95-BP) of 05.10.95).
Article 23-2. Particular ruling (decision) of the court
With sufficient grounds present, the court draws up presentment in the case by which it draws attention of public authorities, civil society organizations or officials to the illegal facts established in the case, causes and conditions which contributed to the commission of crime and which require appropriate actions thereon.
Presentment in the case may be also drawn up if the court establishes violations of citizens rights and other violations of law committed during inquiry, pre-trial investigation or trial by lower court.
(Paragraph 3 of Article 23-2 is omitted by Law No 2533-III (2533-14) of 21.06.2001 - eff. 29.06.2001 effective from 29.06.2001).
By its presentment, the court may bring to the attention of the appropriate enterprise, institution or organization that the citizen concerned, when discharging his/her public duty, has displayed a high conscience, courage which contributed to preventing or revealing a crime.
The court also draws up a presentment if the person sentenced to confinement has under age children who have lost care and require placement or custody or care.
The court may also draw up a presentment in other cases if finds it necessary.
The court which drew up a presentment should be informed on actions taken on the presentment and results thereof within one month after the presentment.
If the official does not take action on the presentment of the court, measures specified in Articles 254 257 of the Code of administrative offences of Ukraine should be taken.
(Article 23-2 is added by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, as amended by Laws No 358/95-BP (358/95-BP) of 05.10.95, No 2533-III (2533-14) of 21.06.2001 effective from 29.06.2001).
( Article 24 is omitted by Law No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010 )
Article 25. Prosecutorial supervision in criminal proceedings
Prosecutor General and prosecutors accountable to him supervise how agencies dealing with operational detective activities, inquiry, and pre-trial investigation comply with laws.
At all stages of criminal proceedings, prosecutor is required to timely take all legal measures to eliminate any breaches of law wherefrom they emanate.
Prosecutor discharges his/her powers in criminal proceedings independently from any authorities and officials. Prosecutor obeys only to law and is guided by instructions given by the Prosecutor General of Ukraine.
Prosecutors decisions made in accordance with law are binding upon all enterprises, institutions, organizations, officials, and citizens.
(Article 25 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, in accordance with Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 2533-III ( 2533-14 ) of 21.06.2001 - eff. 29.06.2001 )
Article 26. Joinder and disjoinder
Cases related to the accusation of several persons associates in the commission of one or several crimes or to the accusation of one person in having committed several crimes may be joined in one criminal proceeding.
Disjoinder is allowed only when it is necessary, when disjoinder cannot affect thorough, complete and objective examination of the circumstances of the case and resolution of the case.
Criminal proceedings are joined and disjoined upon decision of the inquirer, investigator, and prosecutor or upon courts ruling or decision.
Provisions of the present Article may also apply in cases of prosecution for promises not to hide a criminal and the crime, as well as for non-reporting the crime.
Article 27. Prosecution only upon victims complaint
Proceedings in cases related to crimes punishable under Article 125 and paragraph 1 of Article 126 of the Criminal Code of Ukraine, as well as cases related to crimes punishable under Article 356 of the Criminal Code of Ukraine in respect of acts thereby a damage was caused to rights and interests of citizens are instituted upon victims complaint who is vested the right to maintain prosecution. Inquiry and pre-trial investigation are not conducted in such type of cases. The said cases should be closed if the victim reconciles with the accused, defendant. Reconciliation is possible prior to the court retires in deliberation room to make a judgment.
Proceedings in cases related to crimes punishable under paragraph 1 of Article 152 of the Criminal Code of Ukraine are instituted upon victims complaint but such proceedings may not be closed based on the reconciliation between the victim and the accused, defendant.
Prosecutor may institute proceedings in the case in the absence of victims complaint if the case related to any of crimes referred to in the paragraph 1 of the present Article has a special public importance and in exceptional cases when the victim in such a case or in a case related to crimes referred to in the paragraph 2 of the present Article because of his/her distress, dependence upon the accused or for any other reason is unable to protect his/her legal interests. The case instituted by prosecutor is referred to inquiry or pre-trial investigation and, after investigation has been completed, is tried by court in the regular course of actions. Such a case is not subject to closure upon reconciliation between the victim and the accused, defendant.
Prosecutor may at any time engage in the case instituted by a judge upon victims complaint in respect of crimes referred to in the paragraph 1 of the present Article and maintain prosecution in court if protection of state interests or citizens rights so requires. Prosecutors involvement in the case does not deprive victim of the rights laid down in Article 49 of the present Code but the case is not subject to closure upon reconciliation between the victim and the accused, defendant.
(Paragraph 5 of Article 27 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001 )
(Article 27 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 986-VIII ( 986-08 ) of 30.08.72, No 1937-VIII ( 1937-08 ) of 10.08.73, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001 )
Article 28. Civil suit in criminal case
A person who sustained material damage from the crime may, during criminal proceedings, bring a civil suit against the accused or the persons who are materially responsible for acts committed by the accused. Such civil action is considered by court together with criminal case.
Closure of cases on the grounds referred to in Articles 7 and 7-1 of the present Code does not release the person concerned from the duty to compensate, as prescribed by law, for material damage he/she caused to public, civil society organizations or citizens.
Civil suit may be brought during both pre-trial investigation and inquiry, and trial but before the beginning of courts examination. Denying the suit by way of civil proceedings deprives the plaintiff of the right to bring the same suit in criminal case.
The person who did not bring a civil suit in criminal case as well as the person on whose civil suit any action was taken may bring such suit by way of civil proceedings.
During consideration of a civil suit in criminal case or suit related to compensation for material damage caused by the person in whose respect the case was closed on the grounds referred to in Articles 7 and 7-1 of the present Code, civil plaintiff and civil defendant are released from the payment of state dues.
(Article 28 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2857-XII ( 2857-12 ) of 15.12.92 ).
Article 29. Ensuring compensation for the damage caused by a crime, and execution of judgment in terms of asset forfeiture
With sufficient information present that a crime has caused material damage or that a health care institution incurred expenses for in-patient treatment of the victim of crime, the inquiry agency, investigator, prosecutor, and court are required to ensure security for the claim.
Prosecutor brings or maintains the civil suit which the victim brought to compensate for damages caused by the crime if it is required by the protection of state interests and interests of citizens who, because of the state of their health and for other valid reasons, are unable to protect their rights.
(Paragraph 3 of Article 29 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001)
In criminal proceedings related to the crime for which additional sanction in the form of asset forfeiture may be imposed, the inquiry agency, investigator, prosecutor is required to take measures to ensure possible forfeiture of the accuseds assets.
(Article 29 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2857-XII ( 2857-12 ) of 15.12.92, No 3132-XII (3132-12) of 22.04.93, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001).
(Article 30 is omitted by Law No 2857-XII ( 2857-12 ) of 15.12.92)
Article 31. The way in which courts, prosecutors, investigators, and inquiry agencies interact with appropriate foreign authorities
The way in which courts, prosecutors, investigators, and inquiry agencies interact with appropriate foreign authorities and the way in which their mutual requests are executed is prescribed in Ukrainian laws and international treaties of Ukraine.
(Article 31 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2857-XII ( 2857-12 ) of 15.12.92).
Article 32. Explanation of terms used in the Code
In the absence of special references, terms used in the present Code have the following meaning:
1) Court Supreme court of Ukraine, High Civil and Criminal Court of Ukraine, Court of Appeal of the Autonomous Republic of Crimea, courts of appeal of oblasts, Kyiv and Sevastopol City Courts of Appeal, district, district (city), city and interdistrict (circuit) courts, and single judge who tries the case;
2) Trial court interoblast, district (city), interdistrict (circuit) court entitled to render a judgment in a case;
3) Court of Appeals court which tries cases by way of appeal against judgments, rulings, and decisions of the trial court, which have not taken legal effect;
4) Court of Cassation court which tries cases upon cassation complaint and submissions made by way of cassation;
5) Judge president, vice-president, and judge of the Supreme court of Ukraine, High Civil and Criminal Court of Ukraine, Court of Appeal of the Autonomous Republic of Crimea, courts of appeal of oblasts, Kyiv and Sevastopol City Courts of Appeal, district, district (city), city and interdistrict (circuit) courts, peoples assessor;
5-a) Presiding judge judge who presides at collegiate trial of a case or who tries a case alone;
6) Prosecutor - Prosecutor-General of Ukraine, prosecutor of the Autonomous Republic of Crimea, oblast prosecutor, prosecutor of the city of Kyiv, city district prosecutor, city prosecutor, military prosecutor, transport prosecutor and other prosecutors assimilated to oblast prosecutors, city district or city prosecutors, their deputies and assistants, prosecutors working in departments or divisions of prosecutors offices, all of them acting within their competencies;
6-a) Chief of Investigation head of the Main Investigation Department, investigation department, division, Interior station, security subdivision and his/her deputies who act within their competencies, as well as tax militia;
7) Investigator prosecutor-offices investigator, investigator of Interior agencies, Security Services investigator, tax militias investigator;
8) Participants to the process the accused, suspect, defense counsel, as well as victim, civil plaintiff, civil defendant and their representatives;
9) Accuser prosecutor who maintains government case in court, and the victim - in cases specified in paragraph 1 of Article 27 of the present Code and in other cases prescribed in the present Code;
10) Legal representatives parents, custodians, caretakers of the person concerned or representatives of institutions and organizations which took custody or care of the persons concerned;
11) Close relatives - parents, spouse, children, blood brothers and sisters, grandfather, grandmother, grandchildren;
12) Judgment decision of a trial court on the guilt or innocence of a person;
13) Ruling all decisions, except judgment, made by a panel of judges in court sessions of a trial, appellate, and cassation court;
14) Decision decisions made by the inquiry agency, investigator and prosecutor, as well as decisions taken by a single judge or court of appeals;
15) Appeal submission made a prosecutor or complaint filed by a participant to the process to set aside or alter a judicial decision by way of appeal;
(Paragraph 16, Article 32, is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001).
(Paragraph 17, Article 32, is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001).
(Paragraph 18, Article 32, is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001).
16) Cassation protest, cassation complaint submission of the prosecutor, complaint of a participant to the process to set aside or alter a judicial decision by way of cassation;
17) Record a document relating to the conduct of investigatory and judicial actions, to their contents and implications.
(Article 32 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada of 13.06.63, 18.01.66, No 117-VIII ( 117-08 ) of 30.08.71, No 52-IX ( 52-09 ) of 18.07.75, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2464-XII ( 2464-12 ) of 17.06.92, No 2857-XII ( 2857-12 ) of 15.12.92, No 4018-XII ( 4018-12 ) of 24.02.94, No 85/98-ВР ( 85/98-ВР ) of 05.02.98, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010).
(Article 32-1 is omitted by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
(Article 32-2 is omitted by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Chapter 2
JURISDICTION
Article 33. Trial court
All criminal cases are tried by district, city district, city and interdistrict (circuit) trial courts.
(Article 33 as amended by Law No 4018-XII ( 4018-12 ) of 24.02.94, as revised by Law No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010).
(Article 33-1 is omitted by Law No 174/94-BP (174/94-BP of 21.09.94).
(Article 34 is omitted by Law No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010).
(Article 35 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001).
(Article 36 is omitted by Law No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010)
Article 37. Territorial jurisdiction
A criminal case is tried in the court in whose area of operation a crime was committed. If is impossible to identify the place where a crime was committed, the case related to such a crime should be tried by the court in whose area of operation inquiry or pre-trial investigation in such a case was completed.
Article 38. Referral of a case from one court to another
In view of ensuring the most objective and complete consideration of a case, as well as ensuring educational role of the trial, a case sometimes may be referred to the court operating in the place where the accused resides or works or in the place where most of witnesses stay.
Referral of such cases from one court to another is allowed only prior to the beginning of the trial in court session.
Referral of a case - from one district, city district, city, interdistrict (circuit) court to another within the limits of the Autonomous Republic of Crimea, of one oblast, city of Kyiv or Sevastopol, is decided by the president of the Court of Appeal of the Autonomous Republic of Crimea, oblast court, courts of city of Kyiv or Sevastopol, respectively.
Referral of a case to another oblast court is decided by the president of High Civil and Criminal Court of Ukraine or his/her deputies.
(Article 38 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 4018-XII ( 4018-12 ) of 24.02.94, No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010).
Article 39. Determining jurisdiction over cases which fall within the competence of several courts of the same type
If criminal cases related to the accusation of several persons of having committed several crimes are joined in one proceeding and if such cases fall under jurisdiction of two or several courts of the same type, the case is tried by the court in whose area of operation criminal proceedings were instituted or pre-trial investigation or inquiry completed.
Article 40. Determining jurisdiction over cases which fall within the competence of courts of different types
Whenever one person or a group of persons is accused of having committed several crimes and cases related to such crimes fall under jurisdiction of courts of different types, the case is tried by the court which is higher among these courts.
(Paragraph 2 of Article 40 is omitted by Law No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010)
(Paragraph 3 of Article 40 is omitted by Law No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010)
(Article 40 as amended by Law No 4018-XII (4018-2) of 24.02.94).
Article 41. Referral of a case to the court of competent jurisdiction
Having established that a criminal case does not fall under jurisdiction of a given court, judge refers such case to the court of competent jurisdiction and makes a decision thereon.
If, during court session, it was established that the case being considered falls under jurisdiction of another court of the same type, the court continues trial if this does not jeopardize complete and objective examination of the case. If it is impossible to ensure complete and objective examination of the case, the court refers the case to the court of competent jurisdiction and makes a decision thereon.
Having established in court session that a case falls under jurisdiction of a higher court, the court refers the case to the court of competent jurisdiction.
If a higher court has begun trial of a case in court session, such a case may not be referred to a lower court.
(Article 41 as amended by Laws No 4018-XII (4018-2) of 24.02.94, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010)
Article 42. Inadmissibility of disputes over jurisdiction
Courts may not engage in disputes over jurisdiction. A criminal case referred from one court to another as prescribed in Articles 38 41 of the present Code should be assumed by the court if this does not exceed courts competence.
Chapter 3
PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES
Article 43. The accused and his/her rights
A person in whose respect decision to prosecute has been made as prescribed in the present Code is the accused. After the case has been assigned to trial, the accused is considered to be defendant.
The accused has the right to: know what he/she is accused of; give testimonies related to the charges brought or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions; review all records of the case after the completion of pre-trial investigation or inquiry; participate in the trial conducted by trial court; propose disqualifications; submit complaints against actions and decisions of the inquirer, investigator, prosecutor, judge, and court, and, with appropriate grounds present, have his/her security ensured.
The defendant has the right to the last statement.
(Article 43 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X( 6834-10 ) of 16.04.84, by Laws No 3780-XII ( 3780-12 ) of 23.12.93, No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 43-1. Suspect
The following person is considered to be a suspect:
1) a person apprehended on the suspicion of having committed a crime;
2) a person in whose respect a measure of restraint has been imposed before the decision to prosecute him/her has been made.
The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor verify legality of the apprehension; submit complaints against actions and decisions of the officer who conducts operational-detective activities, inquirer, investigator, and prosecutor , and, with appropriate grounds present, have his/her security ensured.
The fact that the suspect was advised of his/her rights is entered into the record of apprehension or decision to impose a measure of restraint.
(Article 43-1 is added by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84; as amended by Laws No 3780-XII ( 3780-12 ) of 23.12.93, No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) No 21.06.2001 effective from 29.06.2001 ).
Article 44. Defense counsel
Defense counsel is a person who is legally authorized to defend rights and legitimate interests of the suspect, accused, defendant, convict, acquitted, and to provide them required legal assistance in criminal proceedings.
Persons who have a license to practice law in Ukraine and other specialists in law who are entitled, under law, to provide legal assistance personally or upon powers of attorney of a legal person may be admitted as defense counsel. Close relatives of the accused, defendant, convict, or the acquitted, his/her custodians or caretakers may be admitted as defense counsels in cases and according to the procedure established in the present Code.
Powers of a defense counsel to participate in a case should be confirmed with regard to:
1) lawyer by authorization of the respective bar association;
2) lawyer who is not member of a bar association by the agreement; other specialists in law who are entitled to provide legal assistance personally or upon powers of attorney of a legal person by the agreement or powers of attorney of the legal person concerned;
3) close relatives, custodians, or caretakers by the application of the accused, defendant, convict, or the acquitted for their admission to the case as defense counsels.
A defense counsel is admitted to the case at any stage of the process. Close relatives of the accused, his/her custodians, or caretakers are admitted to the case as defense counsels upon submitting records of pre-trial investigation to the accused for review. When, under Article 45 of the present Code, participation of a defense counsel in a case is mandatory, close relatives of the accused, his/her custodians, or caretakers may participate in the case as defense counsels only concurrently with defense counsel lawyer or any other specialist in law who is entitled, under law, to provide legal assistance personally or upon powers of attorney of a legal person.
The inquirer, investigator, prosecutor, judge makes a decision, while court passes a ruling on the admission of a defense counsel in the case.
Persons invited by witness for providing legal assistance during examination or other investigative actions conducted with witness participation who meet requirements of paragraphs 2 and 3 of this Article may be admitted as defense counsels of witness. Access of defense counsels of witness to the participation in case is granted according to the procedure prescribed by paragraph 5 of this Article.
(Article 44 as revised by Law No 3780-XII ( 3780-12 ) of 23.12.93, as amended by Law No 3787-XII ( 3787-12 ) of 23.12.93, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001; as amended by Law No 2395-VI ( 2395-17 ) of 01.07.2010 ).
Article 45. Mandatory participation of a defense counsel
Participation of a defense counsel in the conduct of inquiry, pre-trial investigation and trial of a criminal case in trial court is mandatory:
1) in cases of persons who are suspected or accused of having committed a crime in the age up to 18 upon finding a person a suspect or bringing charges against such person;
2) in cases related to crimes committed by persons who, because of their physical or mental disabilities (dumbness, deafness, blindness, etc), are unable to realize themselves their right to defense upon apprehension of, or bringing charges against, such person or upon establishing such disabilities;
3) in cases of persons who have no knowledge of the language of proceedings - upon apprehension of, or bringing charges against, such person;
4) when the sanction of the Article under which the crime is described provides for life imprisonment upon apprehension of, or bringing charges against, the person concerned;
5) in cases related to the imposition of a compulsory measure of medical nature upon establishing the fact of a mental disease suffered by the person concerned;
6) in cases related to the imposition of a compulsory measure of educational nature upon the first examination of a juvenile or upon his/her placement in a receiving/distributing center.
In the court of appeals, participation of a defense counsel in cases referred to in paragraph 1 of the present Article is mandatory if the issue of deterioration of the convict or the acquitteds position is raised in the challenge by way of appeal.
(Article 45 as revised by Laws No 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001; as amended by Law No 2507-VI ( 2507-17 ) of 09.09.2010 ).
Article 46. Waiver of the defense counsel and his/her replacement
The suspect, the accused and defendant, at any stage of criminal proceedings, may waive defense counsel who was employed or appointed. Such waiver is possible only upon initiative of the suspect, the accused or defendant and does not deprive him/her of the right to hire the same or any other defense counsel at other stages of the process.
The inquirer, investigator draws up a record of the waiver indicating reasons for the waiver while the court makes an entry thereof in its records. The inquirer, investigator takes a decision while the court passes a ruling on the acceptance or denial of the waiver of defense counsel.
The waiver of a defense counsel in cases referred to in Article 45 of the present Code may be accepted when the suspect, the accused, defendant, convict or the acquitted substantiates it with motives which, in the opinion of the inquirer, investigator, court, are valid. In such a case, the defense counsel is replaced with another one as prescribed in the fourth paragraph of the present Article.
Having decided to dismiss the defense counsel from the duties of his/her office in the case in accordance with Article 50 of the present Code as well as having accepted defense counsels refusal to discharge his/her official duties, inquirer, investigator, judge or court advices the suspect, the accused, defendant of his/her right to hire another defense counsel and gives him/her therefor, at the stage of pre-trial investigation, at least one day and at least three days at the stage of trial. If, in cases referred to in Article 45 of the present Code, the suspect, the accused and defendant does not employ another defense counsel, the inquirer, investigator or judge by his/her decision while the court by its ruling appoints defense counsel himself/herself.
One defense counsel may be replaced with another one, except cases provided for in Article 61 of the present Code, only upon application or consent of the suspect, the accused, defendant.
One defense counsel may be replaced with another one at any stale of the process and such replacement does not entail renewal of procedural actions conducted with participation of the replaced defense counsel.
(Article 46 as revised by Law No 3780-XII ( 3780-12 ) of 23.12.93, as amended by Law No 1483-III ( 1483-14 ) of 22.02.2000, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 47. The way in which a defense counsel is hired and appointed
A defense counsel is hired by the suspect, the accused, defendant or convict, their legal representatives, as well as by other persons upon the request or consent of the suspect, the accused, defendant or convict. The inquirer, investigator, court are required to help the apprehended person or the person kept in custody to establish contacts with a defense counsel or with persons who can employ a defense counsel.
The suspect, the accused, defendant may hire more than one defense counsel.
The inquirer, investigator or court may appoint a defense counsel as prescribed by law through the bar association. Request of the inquirer, investigator, court to appoint a defense counsel is compulsory for the head of the bar association.
A defense counsel is appointed in the following cases:
1) when, under the first and the second paragraphs of Article 45 of the present Code, involvement of a defense counsel is mandatory but the suspect, the accused, defendant is not willing or is unable to employ a defense counsel;
2) when the suspect, the accused, defendant is willing to employ a defense counsel but because of lack of resources or for any other objective reasons cannot afford it.
If there is a need to urgently conduct investigative actions or other procedural actions with defense counsels involvement and the suspect or the accused did not have time to employ a defense counsel or the latter is unable to appear, the inquirer, investigator may, by his/her decision, appoint a defense counsel on a provisional basis before the hired defense counsel appears.
If there is no need to urgently conduct investigative actions or other procedural actions with defense counsels involvement and when the defense counsel hired by the suspect cannot appear during twenty four hours and defense counsel hired by the accused or defendant during seventy two hours, the inquirer, investigator, court may invite the suspect, the accused, defendant to employ another defense counsel. If the latter is unable to appear to participate in the case during twenty four hours and if the suspect, the accused, defendant does not hire another defense counsel during the same time limit, the inquirer, investigator or judge by his/her decision while the court by its ruling appoints a defense counsel himself/herself.
(Article 47 as revised by Laws No 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 48. Rights and duties of a defense counsel
A defense counsel is required to use legal remedies as provided for in the present Code and other legislative acts to ascertain facts which rebut the suspicion or charges, commute or preclude criminal liability of the suspect, the accused, defendant convict, and to provide them required legal assistance.
After having been admitted to the case, a defense counsel may:
1) have a confidential meeting with the suspect or the accused prior to the first examination and thereafter the same meetings without limitation of their number and length;
2) have meetings with the convict or the person in whose respect compulsory measures of medical or educational nature have been imposed;
3) review records of the case which substantiate apprehension of the suspect or imposition of a measure of restraint or charges and, after the completion of pre-trial investigation, review all records of the case;
4) be present at examinations of the suspect, the accused and at other investigative actions conducted with their participation or upon their petition or petition of the defense counsel himself/herself and at other investigative actions upon consent of the inquirer, investigator;
5) use scientific-technical means in the conduct of investigative actions with defense counsels involvement, as well as when reviewing records of the case upon consent of the inquirer, investigator and in court, if the case is tried in open court, - upon consent of the judge or court;
6) participate in court sessions;
7) put questions to defendants, victim, witnesses, expert, specialist, plaintiff and defendant in court session, participate in examination of other evidence;
8) produce evidence, submit petitions and disqualifications, express his/her opinion about petitions of other participants to trial in court session, challenge actions and decisions of the inquirer, investigator, prosecutor and court;
9) speak in pleadings;
10) review court session record and submit comments thereto;
11) be aware of submissions made by the prosecutor and appeals filed in the case and present objections thereto;
12) participate in court sessions when a case is tried by way of appeal;
13) collect information on facts which can be used as evidence in the case, request and obtain documents or copies thereof from citizens and legal persons; review, at enterprises, institutions, organizations, citizens associations, required documents save those whose confidentiality is protected by law; obtain experts written opinions on issues which require special knowledge; poll citizens.
Defense counsel is required to appear to participate in the conduct of procedural actions when his/her involvement is mandatory. Whenever he/she is unable to appear in time fixed, defense counsel shall have the duty to inform in advance the inquirer, investigator, prosecutor, court thereon and on the reasons for his/her absence.
In case of defense counsels non-appearance, investigative action in which participation of a defense counsel is not mandatory is conducted in his/her absence.
Defense counsel may not disclose information he/she learned in line of duty.
Defense counsel is required not to obstruct establishing the truth in the case through actions aimed at compassing a witness to withdraw his/her testimonies given or to give knowingly misleading testimonies, compassing an expert to refuse giving an opinion or to give knowingly misleading opinion, otherwise falsifying evidence in case or delaying investigation or trial. Defense counsel should comply with the order established for investigation and trial.
After having been admitted in the case, defense counsel lawyer may refuse discharging his/her official duties only in the following cases:
1) when circumstances which, under Article 61 of the present Code preclude his/her participation in the case, are present;
2) when he/she explains his/her refusal by insufficient knowledge or lack of competence.
Documents relating to the discharge of defense counsels official duties may not be inspected, disclosed or removed by the inquirer, investigator, prosecutor, or court without defense counsels consent.
In case of participation of defense counsel invited by witness for providing him/her with legal assistance during examination or other investigative actions conducted with his/her participation, he/she is entitled to be present during their execution; to give advice to the witness in the presence of the investigator, if the actual circumstances of the case can be used to prosecute witness personally or his/her family members or close relatives; to ask questions with the permission of the investigator, which should be entered on the record to clarify and supplement his/her answers; to object to the illegal actions of investigator concerning his/her conduction of examination or other investigative actions with reference to the rule of law which is violated, that is to be included into the relevant record; to challenge actions of the investigator in the manner prescribed by this Code, if the nature and content of the questions shows that the witness should be interrogated as a suspect.
(Article 48 as revised by Law No 3780-XII ( 3780-12 ) of 23.12.93, as amended by Law No 1381-XIV ( 1381-14 ) of 13.01.2000, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, as amended by Law No 2395-VI ( 2395-17 ) of 01.07.2010)
Article 49. Victim
A person who sustained moral, physical or property damage as a result of a crime is victim.
The inquirer, investigator and judge make a decision while court a ruling on founding a citizen a victim or on refusal to find a citizen a victim.
A citizen found a victim of a crime may testify in the case. The victim and his/her representative may: produce evidence; enter pleas; review all records of the case after the completion of pre-trial investigation and, in case where pre-trial investigation has not been conducted, after the assignment of the case to trial; participate in trial; propose disqualifications; submit complaints against actions of the inquirer, investigator, prosecutor, and court, as well as challenge courts judgment or rulings and decisions taken by peoples judge, and, with appropriate grounds present, have his/her security ensured.
In cases specified in the present Code, the victim may press charges personally or through his/her representative during trial. The victim may participate in pleadings.
In cases related to crimes as a result of which the victim died, close relatives of the latter have rights laid down in the present Article.
(Article 49 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84, by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 50. Civil plaintiff
A citizen, enterprise, institution, or organization that sustained a material damage as a result of a crime and filed a claim for compensation of the damage under Article 28 of the present Code is considered to be civil plaintiff. The inquirer, investigator and judge make a decision while court a ruling on founding or on refusal to find a citizen, enterprise, institution, or organization a civil plaintiff.
The civil plaintiff and his/her representative may: produce evidence; enter pleas; participate in trial; request that the inquiry agency, investigator, and court take measures to secure their claim; maintain civil claim; review records of the case after the completion of pre-trial investigation and, in case where pre-trial investigation has not been conducted, after the assignment of the case to trial; propose disqualifications; submit complaints against actions of the inquirer, investigator, prosecutor, and court, as well as challenge courts judgment or rulings in so far as civil claim is concerned; and, with appropriate grounds present, have his/her security ensured.
Civil plaintiff is required to produce all necessary documents relating to the claim upon request of the inquiry agency, investigator, prosecutor, and court.
(Article 50 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84, by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 51. Civil defendant
Parents, custodians, caretakers or any other persons, as well as enterprises, institutions, and organizations that, by virtue of law, bear material liability for damage caused as result of criminal actins of the accused may be brought to responsibility as civil defendants. The inquirer, investigator, judge make a decision while court a ruling on founding subjects referred to above a civil defendant or on refusal to find such subjects a civil defendant.
The civil defendant or his/her representative may: object to the claim filed; produce explanations about the merits of the claim filed; produce evidence; enter pleas; review records of the case which relate to the civil claim after the completion of pre-trial investigation and, in case where pre-trial investigation has not been conducted, after the assignment of the case to trial; participate in trial; propose disqualifications; submit complaints against actions of the inquirer, investigator, prosecutor, and court, as well as challenge courts judgment or rulings in so far as civil claim is concerned; and, with appropriate grounds present, have his/her security ensured.
(Article 51 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84, by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 52. Representatives of the victim, civil plaintiff and civil defendant
Lawyers, close relatives, legal representative, as well as other persons may be represent the victim, civil plaintiff and civil defendant based on the decision taken by the inquirer, investigator, judge or on the courts ruling.
If an enterprise, institution, or organization is civil plaintiff or civil defendant, their interests may be represented by persons specially authorized thereto.
Representatives referred to in the present Article enjoy procedural rights of the persons they represent.
Article 52-1. Ensuring security of persons who participate in criminal proceedings
If a real threat to life, health, home, or property is present, persons who participate in criminal proceedings are entitled to have their security ensured.
With appropriate grounds present, the following persons have the right to have their security ensured:
1) person who reported the crime to a law enforcement authority or otherwise participated in detecting, preventing, suppressing, and resolving a crime or assisted therein;
2) victim or his/her representative in the criminal case;
3) suspect, the accused, defense counsels, and legal representatives;
4) civil plaintiff, civil defendant, and their representatives in the case related to compensation of damage caused as a result of crime;
5) witness;
6) expert, specialist, translator, and attesting witness;
7) family members and close relatives of the persons refereed to in subparagraphs 1-6 of the present Article if there are attempts to exert influence on the participants to criminal proceedings through the use of threats or any other illegal actions.
The inquiry agency, investigator, prosecutor, or court, having received the application or communication that security of the person referred to in the paragraph 2 of the present Article is threatened, are required to verify such application (communication) and, within three days, and in urgent situations immediately, to take decision to enforce or deny measures of security. Dependently on what decision has been taken, they pass a motivated decision or ruling and refer it to the authority in charge of enforcing measures of security. Such decision or ruling is binding upon the said authority.
The authority in charge of enforcing measures of security establishes the list of required measures and ways of enforcing the same being guided by specific circumstances and the need to eliminate the threat present. The person under protection is informed on measures of security chosen, modalities of their enforcement, and rules for the use of documents and property issued to ensure security.
If the application (communication) about a threat to the person referred to in paragraph 2 of the present Article contains information on a crime, the inquiry agency, investigator, prosecutor, court or judge takes, as prescribed in Articles 94, 98, and 99 of the present Code ( 1002-05 ), decision on instituting or denying instituting criminal proceedings or on referring the application (communication) to the competent authority.
The applicant is immediately informed on the decision taken.
The authority in charge of enforcing measures of security informs in writing the inquiry agency, investigator, prosecutor, court or judge who conducts proceedings in the case about measures taken and their results.
(Article 52-1 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).
Article 52-2. Rights and duties of persons in whose respect measures of security are enforced
Persons under protection may:
1) submit application for measures of security or for their recall;
2) be aware of what measures of security are enforced to them;
3) request that the inquiry agency, investigator, prosecutor, court takes additional measures of security or recall measure being enforced;
4) challenge illegal decisions or acts by authorities in charge of measures of security in a higher authority, prosecutor, or court.
Persons under protection are required to:
1) respect conditions under which measures of security are enforced and legal requests of authorities in charge of security measures;
2) immediately inform the said authorities on each threat or illegal actions against them;
3) dispose of the property and documents issued to them in temporary possession by the authority in charge of security measures with full respect for rules established by law.
(Article 52-2 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).
Article 52-3. Non-disclosure of information on the person in whose respect security measures are carried out
Non-disclosure of information on the person under protection may be ensured through limiting information thereon in materials of verification (applications, explanations, etc.), as well as in records of investigative actions and of court sessions. The inquiry agency, investigator, prosecutor, court (judge), having made a decision to enforce security measures, takes a motivated decision, ruling to change first name, last name and patronymic of the protected person for a pseudonym. Thereafter, only this pseudonym is mentioned in procedural documents while real first name, last name and patronymic (year, month, and place of birth, family status, place of employment, occupation, or position held, place of residence, and other biographical particulars containing information on the protected person) are mentioned only in the decision (ruling) on the change of biographical particulars. Such decision (ruling) is not attached to the records of the case and is kept separately by the authority which conducts proceedings in criminal case. If first name, last name and patronymic of the protected person are changed for a pseudonym, records of investigative actions and other documents containing real particulars of such person are removed from records of the case and kept separately while copies of such documents with real name changed for the pseudonym are attached to records of the case.
Information on security measures and protected persons constitutes information with restricted access. Provisions of paragraph 2 of Article 48, of Articles 217 219 and 255 of the present Code (1003-05) do not apply to documents containing such information.
(Article 52-3 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000, as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 52-4. The way in which security measures are recalled
Security measures may be recalled in connection with expiration of the period for which a specific security measure has been enforced; elimination of the threat to life, health, home and property of protected persons; systematic neglect of lawful requests of the authority in charge of security measures by the person under protection if the latter was warned about the possibility of such recall.
The following may be the ground for recalling security measures enforced to participants of criminal proceedings, their family members, and close relatives: application of the participant to criminal proceedings, his family member or close relative in whose respect security measures have been enforced; receipt of reliable information that the threat to life, health, home and property of the said persons has been eliminated.
With the sufficient grounds for recalling security measures present, the inquiry agency, investigator, prosecutor, court (judge) makes a motivated decision or ruling to recall such measures.
Decision to recall security measures is brought to the notice of the persons in whose respect such measures have been enforced, in written within one day.
(Article 52-4 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).
Article 52-5. Challenging decisions to deny the enforcement of security measures or to recall the same
Decision of the inquiry agency or investigator to deny the enforcement of security measures or to recall the same may be challenged with the appropriate prosecutor or local court in the place where the case is prosecuted.
The judge immediately considers the challenge and records of the case, if necessary hears the inquirer, investigator, opinion of the prosecutor and thereafter, dependently upon grounds for making such a decision, takes decision to enforce measures of security or recall the same or deny the same.
Judges decision to dismiss the challenge may be appealed against before the court of appeals within three days after such decision has been made.
(Article 52-5 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 53. Duty to advice participants to the case of their rights and to ensure their rights
Court, prosecutor, investigator and the inquirer are required to advice participants to the case of their rights and to ensure the possibility to enjoy such rights.
Article 53-1. Duty of the inquiry agency, investigator, prosecutor and court to take measures to compensate the damage caused to a citizen by illegal actions
If a criminal case is closed based on the absence of occurrence of crime, absence of corpus delicti or based on the failure of evidence that the person concerned was involved in the commission of crime, as well as if a judgment of acquittal has been pronounced, the inquiry agency, investigator, prosecutor, and court are required to advice the person concerned of how he/she can restore violated rights and to take necessary measures to compensate the damage which was caused to the person as a result of prosecution, apprehension, imposition of a measure of restraint and illegal continuation of sentence execution in instances when criminal statute which abolishes punishment for an action has taken legal effect.
Grounds and procedure for compensation of the damage are prescribed by laws of Ukraine.
(Article 53-1 is added by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, as amended by Law No 2547-XII ( 2547-12 ) of 07.07.92 ).
Article 53-2. Duty of the inquiry agency, investigator, prosecutor and court during the electoral process
During the electoral process the inquiry agency, investigator, prosecutor and court may conduct any actions (inquiry, pre-trial investigation) in respect to the election committees, individual members of election commissions on the premises, election documents, technical equipment, only on condition of the initiation of criminal case under the established procedure and providing of appropriate supporting documents.
(Article 53-2 is added under the law No 1616-VI ( 1616-17 ) of 21.08.2009 )
Chapter 4
CIRCUMSTANCES PRECLUDING PARTICIPATION IN CRIMINAL PROCEEDINGS
Article 54. Circumstances precluding judges participation in the trial
A judge or peoples assessor may not participate in the trial of a criminal case:
1) if he/she is a victim, civil plaintiff, civil defendant, or a relative of any one of them, as well a relative of the investigator, inquirer, prosecutor or the accused;
2) if he/she has participated in the case concerned as a witness, expert, specialist, translator, inquirer, investigator, prosecutor, defense counsel, or representative of the victim or civil plaintiff or civil defendants interests;
2-1) if he/she, at the stage of pre-trial investigation of the case, decided on the search, removal, inspection, imposition or alteration of measures of restraint, extension of custody or considered challenges against apprehension or decisions to deny instituting criminal proceedings or to close the case;
2-2) if he/she, at the stage of pre-trial investigation of the case, considered the removal of a defense counsel from the case as prescribed in Article 61-1 of the present Code;
3) if he/she personally or his/her relatives are personally interested in the results of the case;
4) with other circumstances present, which raise doubts as to the objectivity of the judge or peoples assessor.
5) in case of breach of procedure for determining a judge for trying a case prescribed by paragraph 3 of Article 16-2 of this Code.
Persons who are relatives may not be on the panel which tries a case.
(Article 54 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 2453-VI ( 2453-17 ) of 07.07.2010 amendments regarding introduction of automated electronic document management system in courts shall come into force on 01.01.2011, and changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010)
Article 55. Inadmissibility of judges re-participation in the trial of the case
A judge who participated in the trial of the case in the trial court may not participate in consideration of the same by way of appeal or cassation, nor may he/she participate in a new trial of the case in the trial court if the judgment or ruling to close the case which were passed with his/her participation has been reversed.
A judge who participated in the trial of the case by way of appeal may not participate in consideration of the same in the trial court or by way of cassation, nor may he/she participate in a new trial of the case by way of cassation if the ruling which was passed with his/her participation has been reversed.
A judge who participated in the trial of the case by way of cassation may not participate in consideration of the same in the trial court or by way of appeal, nor may he/she participate in a new trial of the case by way of cassation if the judgment (ruling) which was passed with his/her participation has been reversed.
A judge who participated in the trial of the case may not participate in consideration of the same case on the grounds of the newly discovered circumstances and revision of the case by the Supreme Court of Ukraine.
(Article 55 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 2453-VI ( 2453-17 ) of 07.07.2010 changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010)
Article 56. Disqualifying a judge
With circumstances referred to in Articles 54 and 55 of the Code present, the judge and peoples assessor are required to disqualify themselves. On the same grounds, disqualification of the judge or peoples assessor may be proposed by the prosecutor, defendant, defense counsel, victim and his/her representative, civil plaintiff and civil defendant and their representatives.
Disqualifications are submitted before the beginning of the trial. Thereafter, disqualification is permitted if a ground for disqualification came to the knowledge after the beginning of the trial.
(Article 56 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 57. The way in which a disqualification is considered
Disqualification of a judge or peoples assessor is considered by other judges without the judge whose disqualification is proposed. The judge to be disqualified may provide explanations with regard to disqualification. In case of a tie vote, the judge concerned is considered to have been disqualified.
Decision on the disqualification is taken in the retiring room. Proposed disqualification of two judges or the whole trial bench of the court is considered by the whole bench by simple majority of votes.
In the event of satisfaction of the application to disqualify a judge who tries a case alone, the case is considered in the same court by another judge who tries the case in compliance with procedure prescribed by paragraph 3 of Article 16-2 of this Code.
In the event of satisfaction of the application to disqualify some of judges or the whole trial bench of the court, if the case is considered by the chamber of judges, the case is considered in the same court by the same quantitative panel of the chamber of judges without disqualified judge of by the other panel of judges which is determined in compliance with procedure prescribed by paragraph 3 of Article 16-2 of this Code.
If after the satisfaction of disqualification (self-disqualification) or if there are grounds specified in Article 55 of this Code, it is impossible to create a new panel of the court for trial, the court decides whether to refer the case to another court in compliance with procedure prescribed by this Code.
If a peoples assessor is disqualified, he/she is replaced with another peoples assessor.
(Article 57 as amended by Laws No 2464-XII (2464-12) of 17.06.92, No 4018 (4018-12) of 24.02.94, as revised by Law No 2453-VI ( 2453-17 ) of 07.07.2010 amendments regarding introduction of automated electronic document management system in courts shall come into force on 01.01.2011, and changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work from 01.11.2010).
Article 58. Disqualifying a prosecutor
Provisions of Article 54 and 56 of the present Code relate to a prosecutor. However, circumstances specified therein may not be a ground for disqualification if a prosecutor participated in the conduct of pre-trial investigation in the case, in consideration of the case in trial court by way of appeal or cassation.
Disqualification of a prosecutor at the stage of pre-trial investigation is considered by a higher prosecutor and in court by the court that tries the case, in accordance with paragraphs 1 and 2 of Article 57 of the present Code. If a single judge tries the case, he/she considers disqualification of a prosecutor alone.
(Article 58 as amended by Laws No 2464-XII (2464-12) of 17.06.92, No 2857-XII (2857-12) of 15.12.92, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
(Article 59 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 60. Disqualifying an investigator and inquirer
Investigator and inquirer are subject to disqualification:
1) if he/she is a victim, witness, civil plaintiff, civil defendant, or a relative of any one of them, as well as a relative of the accused;
2) if he/she has participated in the case concerned as court expert, specialist, translator, defense counsel, or representative of the victim, civil plaintiff, or civil defendant;
3) if he/she or his/her relatives are personally interested in the results of case consideration;
4) with other circumstances that raise doubts as to his/her impartiality present.
With circumstances specified above present, investigator and inquirer should disqualify themselves without waiting for disqualification proposal. Based on such circumstances, the accused, victim and his/her representative, civil plaintiff, civil defendant or their representatives may propose disqualification of the investigator and inquirer while defense counsel may propose disqualification of the investigator either.
Proposal for disqualification and self disqualification of the investigator and inquirer should be submitted to the prosecutor who is required to consider and decide on the same within 24 hours.
(Article 60 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 61. Circumstances that preclude a defense from performing duties of his/her office in the case
A person may not be a defense counsel if:
1) he/she participated in a given case as inquirer, investigator, prosecutor, judge, clerk of a court session, expert, specialist, translator, attesting witness, representative of the victim, civil plaintiff, civil defendant;
2) he/she is a witness under the present Code and as such was examined or is subject to examination;
3) he/she is a relative of the inquirer, investigator, prosecutor, anyone of the trial bench of the court, victim, civil plaintiff;
4) criminal proceedings have been instituted against him/her;
5) he/she is found incapable or under a special ability.
A person also may not participate in the case as a defense counsel in the following instances:
1) if in a given case, he/she provides or provided earlier legal assistance to the person whose interests conflict with interests of the person who has applied for legal assistance;
2) in case of revocation of the certificate of authority to act as lawyer or forfeiture of the right to provide legal assistance or cancellation of the same as prescribed by law.
One and the same person may not be a defense counsel of two and more suspects, accused or defendants if the interests of defense of anyone of them are contrary to the interests of defense of another one.
A person may not be a defense counsel if he/she abuses his/her rights, obstructs establishing a truth in the case, delays investigation or trial, nor may be a defense counsel a person who breaks order in court session or ignores instructions of the presiding judges during trial.
In terms of one criminal case the same person may not be a defense counsel for two and more witnesses, nor a witness and a suspect, accused, defendant, victim, civil plaintiff, civil defendant.
(Article 61 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 3780-XII (3780-12) of 23.12.93, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, as amended by Law No No 2395-VI ( 2395-17 ) of 01.07.2010)
Article 61-1. Dismissing a defense counsel from the duties of his/her office
A defense counsel may be dismissed from the duties of his/her office in a case only on the grounds referred to in Article 61 of the present Code.
Having ascertained the circumstances which, under Article 61, first paragraph, subparagraphs 1, 3, 4, and 5, second and third paragraphs, of the present Code, preclude participation of the defense counsel in a case, the inquirer, investigator takes a motivated decision to dismiss the defense counsel from the duties of his/her office and informs the defense counsel concerned and the suspect, the accused and defendant thereon.
At the stage of inquiry and pre-trial investigation, the judge who administers justice in the place where investigation is conducted decides on dismissal of a defense counsel from the duties of his/her office in the case on the grounds referred to in Article 61, first paragraph, subparagraph 2, or fourth paragraph, of the present Code and upon motion of the inquirer, investigator. The judge considers dismissal of the defense counsel from the duties of his/her office in the case, examines records which substantiate the dismissal, hears prosecutor and defense counsel and, if necessary, interviews the suspect, the accused, the person conducting proceedings in the case and thereafter takes a reasoned decision on the dismissal of the defense counsel from the duties of his/her office in the case or on denial of such dismissal. Judges decision of the dismissal of the defense counsel may not be challenged.
During trial, the court decides the issue related to the dismissal of the defense counsel from the duties of his/her office in the case on the ground specified in Article 61 of the present Code.
With grounds present, the inquirer, investigator or court informs the appropriate authority, bar association that the defense counsel concerned has been dismissed from the duties of his/her office so that the appropriate authority, bar association decides on the defense counsels liability.
(Article 61-1 is added by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 62. Disqualifying a translator, expert, specialist, and clerk of court session
Rules laid down in Article 54 of the present Code apply to the translator, expert, specialist, and clerk of court session save that their previous participation in the case concerned in the capacity of translator, expert, specialist, and clerk of court session may not constitute the ground for disqualification.
The inquirer, investigator, or prosecutor decides on the proposal for disqualification of a translator, expert, and specialist at the stage of inquiry or pre-trial investigation. The court or the judge who tries the case alone decides on the proposal for disqualification of clerk of court session, translator, expert, specialist during trial.
(Article 62 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 117-VIII (117-08) of 30.08.71, by Law No 2464-XII (2464-12) of 17.06.92).
Article 63. Circumstances that preclude victims representative, civil plaintiff, and civil defendant from participation in the case
A victim, civil plaintiff, and civil defendant may not be represented by the person who participated in the case as investigator, inquirer, prosecutor, community accuser, judge, clerk of court session, expert, specialist, defense counsel, a person who has been or has to be examined as a witness, as well as a person who is a relative of anyone of the trial bench or accuser.
A lawyer may not participate in the case as representative of a victim, civil plaintiff, and civil defendant and if circumstances referred to in Article 61 of the Code are present.
With such circumstances present, a person is required to refuse discharging duties of the representative of the victim, civil plaintiff, or civil defendant in the case. On such grounds, the investigator, prosecutor, or court may also dismiss he/she from participation in the case.
(Article 63 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Chapter 5
EVIDENCE
Article 64. Circumstances to be proved in criminal proceedings
During pre-trial investigation, inquiry, and trial, should be proved in court:
1) occurrence of crime (time, place, the way in which, and circumstances under which, a crime has been committed);
2) guilt of the accused in the commission of crime and motives thereto;
3) circumstances which affect the degree of severity of the crime, as well as circumstances which characterize the personality of the accused, commute or aggravate the punishment;
4) nature and amount of damage caused by the crime, as well as the amount health institution spent on in-patient treatment of the victim.
(Article 64 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 117-VIII (117-08) of 30.08.71, by Laws No 3132-XII (3132-12) of 22.04.94, No 2670-III (2670-14) of 12.07.2001).
Article 65. Evidence
Evidence in a criminal case means various factual information based on which the inquiry agency, investigator, and court establish the presence or absence of a socially dangerous act, the guilt of the offender, and other circumstances of importance for a correct resolution of the case.
Such information is established by testimonies given by a witness, victim, and suspect, accused; experts opinion, exhibits, records of investigative and judicial actions, records with appropriate attachments drawn up by competent authorities as a result of operational-detective activities, and other documents.
(Article 65 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 66. Collecting and producing evidence
The inquirer, investigator, prosecutor and court, in cases in which they conduct proceedings, shall have the authority to summon, as prescribed in the present Code, any persons as witness and victims for questioning or as experts for preparing opinions; request that enterprises, institutions, organizations, officials, and citizens produce objects and documents which can establish factual data necessary in the case; request conducting audits, request that banks submit information containing bank secret in respect of legal and physical persons according to the procedure and in the amounts prescribed in the Law of Ukraine On Banks and Banking Activities (2121-14). Such requests are binding on all citizens, enterprises, institutions, and organizations.
Evidence may be produced by a suspect, accused, his/her defense counsel, prosecutor, victim, civil plaintiff, civil defendant, and their representatives, as well as by any citizens, enterprises, institutions, and organizations.
In situations prescribed by law, the inquirer, investigator, prosecutor, and court, in cases in which they conduct proceedings, may charge agencies that conduct operational-detective activities with carrying out operational-detective operations or using means for obtaining factual data which can be evidence in a criminal case.
(Article 66 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 2922-III (2922-14) of 10.01.2002)
Article 67. Evaluating evidence
Court, prosecutor, investigator, and inquirer evaluate evidence according to their moral certainty which is based on thorough, complete and objective examination of the totality of circumstances in the case, being guided by law.
Any evidence produced to court by the prosecutor, investigator, and inquirer dont have probative value.
(Article 67 as amended by Law No 2857-XII (2857-12) of 15.12.92).
Article 68. Testimonies of witnesses
Every person who is known as being aware of circumstances related to the case may be summoned to appear as witness.
A witness may be questioned about circumstances to be established in a given case, inclusive of facts which characterize the personality of the accused or suspect and his/her relationship therewith.
Information reported by a witness from unknown source may not be evidence. If testimonies of a witness are based on communications by other individuals, such individuals should be questioned either.
(Article 68 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 69. Persons who may not be examined as witnesses and persons who have the right to waive testifying as witnesses
The following persons may not be examined as witnesses:
1) lawyers and other specialists in law who are legally entitled to provide legal assistance in person or upon power of attorney of a legal person; notaries, doctors, psychologists, clergymen about what came to their knowledge in the discharge of professional activities unless the person who entrusted them such information has released them from the duty to keep professional secrets;
2) defense counsel of the suspect, accused, defendant, representative of the victim, plaintiff, civil defendant about circumstances which came to their knowledge during the provision of legal assistance to their clients;
3) persons who, in accordance with forensic psychiatric or forensic medical examination, may not correctly perceive facts which have probative value and give testimonies about the same because of their physical or mental disabilities;
4) witness who, under Article 52-3 of the present Code, testifies under a pseudonym about his/ her real details;
5) a person in possession of information o real details on the witness who, under Article 52-3 of the present Code, testifies under a pseudonym about such information.
The following persons may waive testifying as witnesses:
1) family member, close relatives, persons adopted by, and adopters of, the suspect, accused, defendant;
2) a person who, with his/her testimonies, would incriminated himself/herself, his/her family members, close relatives, the adopted person, adopter in having committed a crime.
Without their consent, may not be examined as witnesses the persons who enjoy diplomatic immunities, as well as members of diplomatic missions without consent of the diplomatic representative.
The inquirer, investigator, prosecutor, and court, before examining persons referred to in the first and second paragraphs of the present Article, are required to advice them of the right to waive testifying, which is entered into the record of examination or court records.
(Article 69 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 3780-XII (3780-12) of 23.12.93, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 69-1. Witnesss rights
A witness has the following rights:
1) testify in mother language or any other language he/she speaks fluently and take advantage of a translator;
2) disqualify translator;
3) know in connection with what and in which case he/she is examined;
4) enter his/her testimonies in the record of examination with his/her own hand;
4-1) to chose his/her own free will defense counsel during the examination or other investigative actions conducted with his/her participation according to this Code and other legal assistance under the procedure prescribed by law, and to refuse from defense counsel invited by him/her.
Defense counsel may be invited by witness, his/her legal representative and other persons at his/her request or with his/her consent;
5) draw upon notes and documents when testifying if testimonies relate to calculations and other data which are difficult for him/her to keep in mind;
6) to refuse to give testimony concerning himself/herself, family members and close relatives, and if he/she cannot freely without undue restrictions receive legal assistance in the amount and form as he/she requires including invitation of a defense counsel;
7) review record of examination and solicit introducing changes and comments therein, to enter such amendments and comments with his/her own hand;
8) file complaints against actions by the inquirer and investigator with the prosecutor;
9) be compensated expenses incurred as a result of the summon to testify.
With appropriate grounds present, a witness has the right to his/her security be ensured through enforcing measures specified by law and in accordance with procedure established in Articles 52-1 to 52-5 of the present Code.
(Article 69-1 is added by Law No 1381-XIV (1381-14) of 13.01.2000, Article 69-1 as amended by Law No2395-VI ( 2395-17 ) of 01.07.2010).
Article 70. Witnesss duties
A person summoned by the inquiry agency, investigator, prosecutor, or court as witness is required to appear in the designated place and time and give true testimonies about circumstances he/she knows.
Whenever a witness does not appear without valid reasons, the inquiry agency, investigator, prosecutor, or court may enforce compulsory appearance under law through Interior agencies as prescribed in Articles 135 and 136 of the present Code.
In case provided for in the second paragraph of the present Article, the court may also impose a fine on the witness in the amount up to a half of the minimum wage. The court decides on the fine in court session when considering the case in whose relation the witness was summoned. The issue of fine can be decided in another court session in the presence of such witness. Witnesss non-appearance without valid reasons does not preclude considering the issue of fine imposition.
(Article 70 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No No 6834-X ( 6834-10 ) of 16.04.84, No 8627-X ( 8627-10 ) of 20.03.85, by Law No 2857-12 of 15.12.92 ).
Article 71. Witnesss liability
The witness is criminally liable under Article 384 of the Criminal Code of Ukraine for giving knowingly misleading testimonies.
For willful evasion to appear before court, pre-trial investigation agencies or inquiry agencies, the witness is liable under Article 185-3, first paragraph, or Article 185-4 of the Code of Administrative Offenses of Ukraine (80731-10) while, for refusal to give testimonies about circumstances known to him/her, - under Article 385 of the Criminal Code of Ukraine.
(Article 71 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, No 9166-XI ( 9166-11 ) of 04.05.90, by Law No 2670-III ( 2670-14 ) of 12.07.2001 ).
Article 72. Victims testimonies
A victim has the duty to appear upon summons of the inquirer, investigator, prosecutor and court.
A victim may be examined about circumstances to be established in a given case, inclusive of facts which characterize the accused or suspect and his/her relationship therewith. Proofs reported by the victim without reference to their source may not be admitted as evidence.
Whenever a victim does not appear without valid reasons, the inquiry agency, investigator, prosecutor, or court may enforce compulsory appearance under law as prescribed in Articles 135 and 136 of the present Code.
For willful evasion to appear before court, pre-trial investigation agencies or inquiry agencies, the victim is liable under Article 185-3, first paragraph, or Article 185-4 of the Code of Administrative Offenses of Ukraine (80731-10) while, for giving knowingly misleading testimonies - under Article 384 of the Criminal Code of Ukraine.
(Article 72 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, No 9166-XI ( 9166-11 ) of 04.05.90, by Law No 2670-III (2670-14 ) of 12.07.2001 ).
Article 73. Suspects testimonies
A suspect may give testimonies about circumstances on the grounds of which he/she has been apprehended or a measure of restraint has been imposed thereon, as well as about all circumstances in the case he/she is aware of.
Testimonies of the suspect are subject to verification. Confession by the suspect may constitute the basis for accusation only if such confession is confirmed by the totality of proofs present in the case.
(Article 73 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 74. Testimonies of the accused
The accused may give testimonies with regard to charges brought against him/her, as well as about all circumstances in the case he/she is aware of and proofs present in the case.
Testimonies of the accused, including plea of guilty, are subject to verification Confession by the accused may constitute the basis for accusation only if such confession is confirmed by the totality of proofs present in the case.
(Article 74 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 117-VIII (117-08) of 30.08.71).
Article 75. Experts opinion
Expert examination is assigned when scientific, technical, or any other special knowledge is required to decide on certain matters during criminal proceedings.
Any person in possession of knowledge required to present an opinion on matters being examined may be summoned as an expert. Matters to be examined by an expert and his/her opinion thereon may not go beyond experts special knowledge.
An expert produce an opinion on his/her own behalf and is personally liable therefor. In necessary, several experts may be appointed in a case and they produce their common opinion. In case of disagreement, every expert draws up his/her own opinion.
Expert opinion is not binding on the inquirer, investigator, prosecutor and court however disagreement with such an opinion should be reasoned in an appropriate decision, ruling, judgment.
Whenever expert examination is found incomplete or insufficiently clear, an additional expert examination may be assigned to the same or any other expert.
If experts opinion is deemed to be ill-founded or controversial in relation to other records of the case or otherwise casts doubts with regard to its reliability, re-examination may assigned to the same or any other experts.
Persons who by their official or any other duties depend upon the accused, victim or who previously were inspectors in the case may not be experts.
Article 76. Mandatory assignment of an expert examination
An expert examination is necessarily assigned to:
1) ascertain reasons of the death;
2) establish the degree of severity and nature of bodily injuries;
3) establish state of mental health of the suspect or the accused if information casting doubts with regard to his/her insanity is present in the records of the case;
4) establish puberty of the victim in cases related to crimes punishable under Article 155 of the Criminal Code of Ukraine;
5) find out age of the suspect or the accused if it is important to decide on his/her criminal liability and if there are no appropriate documents and it is impossible to obtain them to find out the age.
(Article 76 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada of 27.06.61, by Law No 2670-III ( 2670-14 ) of 12.07.2001 ).
Article 77. Experts rights and duties
A person who has been appointed as expert is required to appear upon summons and produce a correct opinion with regard to questions asked.
For willful evasion to appear before court, pre-trial investigation agencies or inquiry agencies, the expert is liable under Article 185-3, second paragraph, or Article 185-4 of the Code of Administrative Offenses of Ukraine while, for giving knowingly misleading opinion or for refusal to discharge his/her duties without valid reasons - under Articles 384 and 385 of the Criminal Code of Ukraine.
An expert has the right to: review records of the case relating to expert examination; apply for obtaining new materials which are necessary to prepare an expert opinion; upon consent of the inquirer, investigator, prosecutor or court, be present at examinations and other investigative actions and ask persons being examined questions related to expert examination and, with appropriate grounds present, to have his/her security ensured.
Whenever a question put to the expert is beyond his/her competence or if materials given to him/her are insufficient for producing an expert opinion, the expert concerned, in written, informs the agency which has assigned expert examination that he/she is unable to produce an expert opinion.
(Article 77 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 9166-XI ( 9166-11 ) of 04.05.90, by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2670-III ( 2670-14 ) of 12.07.2001 ).
Article 78. Exhibits
Exhibits include objects which were instruments of crime, retained traces of crime or were a target for criminal actions, money, valuables, and other proceeds from crime, as well as all other objects which can help resolving a crime and identifying those guilty or denying charges or commuting liability.
(Article 78 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 79. Retaining exhibits
Exhibits should be thoroughly inspected, to the extent possible, photographed, described in details in the record of inspection and attached to the records of the case by a decision of the inquirer, investigator, prosecutor or courts ruling. Exhibits are retained with records of the case save bulky goods which are retained in the inquiry agency, pre-trial investigation agency and court or are transferred in custody of the appropriate enterprise, institution, or organization.
When transferring a case from one inquiry or pre-trial investigation agency to another one, when referring a case to the prosecutor or court, as well as when referring a case from one court to another, exhibits are transferred together with records of the case.
In some instances, exhibits, before the case is resolved in court, may be returned to their owners if it proves to be possible without compromising successful proceedings in the case.
(Article 79 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 80. Retention periods for exhibits
Exhibits are retained till the judgment takes legal effect or till the expiration of time-limit for challenging the decision or ruling on case closure.
Documents exhibits should be retained with records of the case all time. Owners and persons concerned are provided copies of such documents upon their requests and according to procedure prescribed in Article 186 of this Code.
If litigation with regard to ownership for the objects which are exhibits arises, such objects are retained till courts decision made on this litigation by way of civil proceedings takes legal effect.
Perishable exhibits, as well as exhibits which cannot be returned to their owner are immediately transferred to state or cooperative organizations for sale. If thereafter there is a need to return such exhibits, organizations which have obtained them replace them with the same objects or repay their cost at state prices effective at the time when such objects should be returned.
(Article 80 as amended by Law No 807-VI ( 807-17 ) of 25.12.2008)
Article 81. Deciding the issue of exhibits
The issue of exhibits is decided by courts judgment, ruling or decision, or decision of the inquiry agency, investigator, and prosecutor to close the case and:
1) instruments of crime belonging to the accused are confiscated;
2) objects taken out of circulation are transferred to the appropriate institutions or destroyed;
3) objects which have no value and cannot be used are destroyed or may be transferred to the persons concerned upon their request;
4) money, valuables, and other proceeds from crime are assigned in public revenue;
5) money, valuables, and other proceeds which were target of criminal acts are returned to their lawful owners and, when such owners are not established, this money, valuables, and other proceeds are recycled into the public domain.
Litigation with regard to ownership for objects to be returned is decided by way of civil proceedings.
Article 82. Records of investigative and judicial actions and other mediums relating to such actions
Records of investigative and judicial actions drawn up as prescribed in the present Code, mediums where procedural actions have been recorded with technical devices constitute a source of evidence insofar as circumstances and facts of importance for the resolution of the case are confirmed therein.
(Article 82 as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 83. Documents
Documents constitute a source of evidence if circumstances of importance for the case are stated or attested therein.
Documents are objects in which certain information is recorded by means of written characters, sound, image, etc.
The documents may include the materials of photography, audio and video recording and other media (including electronic) containing information about the circumstances established in the criminal proceedings by the inquiry agency, investigator, prosecutor or court in the manner prescribed by this Code.
Documents should be studied and attached to the case by the decision of the person who conducts inquiry, by the investigator, prosecutor, court ruling and stored with the case all the time.
At the request of the owner and other persons who are entitled under the law to use these documents, documents or their copies seized and attached to the criminal case can be given to them in the manner prescribed by this Code.
When documents contain elements referred to in Article 78 of the present Code they are exhibits.
(Article 83 as revised by Law No 807-VI ( 807-17 ) of 25.12.2008)
Chapter 6
RECORDS
Article 84. Keeping records is mandatory
Records are kept during the conduct of procedural actions at the stage of pre-trial investigation and inquiry, in court sessions of trial and appellate courts.
(Article 84 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 8627-X ( 8627-10 ) of 20.03.85, by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 85. Record of investigative action
A record of investigative action should contain the following information: place where, and date when it was drawn up; position and last name of the persons who conduct investigative action; names of persons who participated in the action, their addresses; explanation of their rights and duties; contents of the investigating action, with indication of the time when it begun and ended; all circumstances of importance for the case, revealed during the conduct of the investigating action. To not disclose information on the person in whose respect security measures have been enforced, records of investigative actions referred to in Articles 95, 96, 107, 145, 170, 171, 173, and 176 of the present Code contain limited information on such a person in accordance with Article 52-3 of the present Code.
The record is read out to all persons who participated in the conduct of the investigative action, their right to comments being explained to them. The said persons may review the record personally.
Insertions and amendments should be entered in the record before signatures.
The record is signed by the person who conducted the investigative action, the person questioned, as well as translator, attesting witnesses, if any, and other persons who were present during, or participated in, the conduct of the investigative action concerned. If anybody of these persons is unable to sign the record because of physical disabilities or for other reasons, a stranger is invited to sign the record. Photographs, audio recording, video recording, films, plans, schemes, moulds, and other materials which explain the contents of the record can be attached to the record.
If a person who participated in the conduct of investigative action refuses to sign the record, this should be stated in the record and signed by the person who conducted investigative action.
(Article 85 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada of 18.01.66, No 6834-X ( 6834-10 ) of 16.04.84, by Law No 1381-XIV (1381-14) of 13.01.2000).
Article 85-1. Audio recording in pre-trial investigation
Audio recording may be used during questioning the suspect, the accused, witness, and victim, confrontation, presentation for identification, reproduction of the situation and circumstances and during the conduct of other investigative actions at the stage of pre-trial investigation.
All participants to the investigative action before its beginning are informed that audio recording will be used in the conduct of investigative action. Phonogram should contain details referred to in Article 85, first paragraph, of the present Code and should reflect the entire course of the investigative action. Repeating any part of investigative action during the conduct thereof especially for audio recording is not permitted.
Before the end of investigative action, audio recording is replayed to participants to investigative action. Comments and additions to video recording are recorded to phonogram. Record of investigative action conducted with the use of audio recording is drawn up as prescribed in the present Code. The record should also state that audio recording was used and participants to the investigative action informed thereon, what technical devices were used and under which conditions, that audio recording was replayed to participants to the investigative action, as well as what applications were made by the participants to the investigative action with regard to the use of audio recording. The fact of reproducing testimonies given during another investigative action should be stated in the record of the investigative action concerned. At confrontation, replaying audio recording of testimonies previously given by the participants to confrontation is allowed only after they have given testimonies during the confrontation and after such testimonies have been put on the record.
When records of the case are presented to participants to the process in connection with completion of the pre-trial investigation, audio recording is replayed to the accused and his/her defense counsel and to other participants to the process upon request of the latter. Sealed phonogram is retained with records of the case.
(Article 85-1 is added by virtue of the Decree of the Presidium of the Verkhovna Rada No 117-VIII (117-08) of 30.08.71, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06. 2001 ).
Article 85-2. Filming and video recording during the conduct of investigative action
Filming, video recording may be used during inspection, search, and reproduction of situation and circumstances and in the conduct of other investigative actions.
Participants to the investigative action before its biguning are informed that filming, video recording will be used in the conduct of investigative action. After filming, video recording and preparing film tape, video tape, the latter are shown to all participants to the investigative action and a separate record is drawn up thereon. Procedural processing of the filming, video recording and film tape and video tape demonstration in the conduct of another investigative action, in presenting records of the case in connection with completion of the pre-trial investigation, as well as during trial should be made in accordance with Article 85-1 of the present Code.
(Article 85-2 is added by virtue of the Decree of the Presidium of the Verkhovna Rada No 117-VIII (117-08) of 30.08.71, as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
(Article 86 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 87. Record of court session
Record of court session constitutes the main means to fix the course of trial. Record is drawn up at every court session of trial courts, as well as after a particular procedural action conducted out of the place where trial court permanently sits. In the appellate court, record of court session is kept in instances specified in the present Code.
Record of court session reflects all essential moments of trial in the sequence such moments took place in court session or in the conduct of a particular procedural action.
Record of court session should state the following:
1) year, month, date and place of the court session;
2) time when court session or a particular procedural action started;
3) name of the court which tries the case, last name and initials of the judge (judges), clerk of court session;
4) tried case and full and accurate name of participants to the process;
5) information on appearance or non-appearance of participants to the process, reasons for absence and on subpoenas serviced to them;
6) information on personality the defendant;
7) information on the time when the defendant obtained a copy the indictment;
8) information on the explanation to the defendant and other participants to the trial of their rights and duties;
9) court rulings and decisions taken without retiring to the deliberation room; 49
10) all orders of the presiding judge and actions of the court in the order they have taken place;
11) all petitions and statements made by the participants to the trial;
12) detailed contents of testimonies of the defendant, victim, witnesses, explanations of specialists, answers of the expert to oral questions, narrated in the grammatical category of the 1st person singular;
13) sequence and brief contents of the court pleadings;
14) brief contents of the defendants last statement;
15) information on the judgment pronounced and explanation of the procedure and time-limits for challenging the judgment, explanation of the right to, and time-limit for, reviewing the record of court session, and submitting comments thereto;
16) time when court session ended.
Trial is fully fixed with an audio recording device upon request of at least one participant to judicial proceedings or upon initiative of the judge (judges) in trial or appellate courts.
(Article 87 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No ( 1483-14 ) of 22.02.2000; as revised by Laws No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2875-IV ( 2875-15 ) of 08.09.2005; as amended by Law No 3150-IV ( 3150-15 ) of 30.11.2005 ).
Article 87-1. The way in which records and technical recording are drawn up and arranged
Record of court session should be prepared within 7 days after the case has been tried. Record of court session is signed by the presiding judge and clerk of court session.
If necessary, the presiding judge may extend time-limit for preparing and signing record of court session for 14 days maximum after the end of court session.
Participants to trial are informed on preparation and signature of the record of court session.
Whenever the trial was fully fixed with audio recording device, record of court session should state technical specifications of such device and the medium.
The medium where trial was fixed is attached to records of the case.
(Article 87-1 is added by Law No 2533-III (2533-14 ) of 21.06.2001 effective from 29.06.2001, as revised by Law No 2875-IV ( 2875-15 ) of 08.09.2005).
Article 88. Comments to the record of court session
Parties may review record of court session and, within three days after they have been informed that the record of court session was prepared, or after the time-limit for preparing the same has expired, submit their written comments as to inaccuracies or omissions committed therein.
(Article 88 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No No 117-VIII ( 117-08 ) of 30.08.71, No 6834-X ( 6834-10 ) of 16.04.84, by Law No ( 2464-12 ) of 17.06.92; as revised by Laws No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2875-IV ( 2875-15 ) of 08.09.2005 ).
Article 88-1. Considering comments to the record of court session
Comments to the record are considered:
By presiding judge if the case was tried by a single judge;
By the trial bench or majority of the bench if the case was tried collegially.
The court considers comments to the record of court session, and in case of agreeing thereon confirms their truthfulness.
Whenever presiding judge disagrees with the comments submitted, the latter are considered in court session and the parties are informed on the time when, and place where, such court session will be held. Parties non-appearance in court session does not preclude the court from consideration of comments. Technical recording of the process may be replayed during consideration of comments. Having considered comments, presiding judge by his/her decision while the chamber of judges by its ruling, with grounds present, attests that comments are correct, or dismiss them.
If the time-limit for the submission of comments was missed and if there are no grounds for its extension, the court takes no action thereon and attaches them to records of the case.
Comments should be considered within five days after they have been filed with the court.
(Article 88-1 is added to chapter 6 by Law No 2875-IV (2875-15 ) of 08.09.2005).
Article 88-2. Replaying technical recording of court session
Fully or partially replaying technical recording of judicial process is made upon courts decision taken in court session if the case is tried by trial court, by way of appeal or cassation, as well as during consideration of comments to the record of court session.
Presiding judge decides on case-by-case basis on issuing a copy of technical recording, on replaying such recording out of court session.
(Article 88-2 is added to chapter 6 by Law No 2875-IV (2875-15 ) of 08.09.2005, as amended by Law No 3150-IV (3150-15) of 30.11.2005).
Chapter 7
TIME-LIMITS AND COURT COSTS
Article 89. Computing time-limits
Time-limits established in the present Code are computed in hours, days, and months. The day and the hour from which a time-limit starts running are not taken into account.
If a time-limit is computed in days, the time-limit expires at midnight of the last day. If an action should be conducted in court or inquiry and pre-trial investigation agencies, the time-limit expires with the end of working day established in these institutions.
A time-limit computed in months expires on the respective day of the last month.
Whenever a time-limit expires on a day off, the last day of such time-limit is considered to be the next working day. If a time-limit computed in months expires in the month which does not have a respective day, the time-limit expires on the last day of such month.
A time-limit is not considered to be missed if a complaint or any other document was delivered at a post-office before such time-limit run out, and, for persons in custody if a complaint or any other document was submitted the administration of the place of detention pending trial.
(Article 89 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 90. Renewal of a time-limit
A time-limit which was missed for valid reasons should be renewed upon petition of the party concerned by the decision of inquiry agency, investigator, prosecutor, by courts ruling or judges decision.
Filing petition to renew a missed time-limit precludes execution of the decision which was challenged after the time-limit has expired, till the issue of renewing the time-limit is decided.
(Article 90 as amended by Law No 2464-XII (2464-12) of 17.06.92).
Article 91. Court costs
Court costs include:
1) sums paid and to be paid to witnesses, victims, experts, specialists, translators and attesting witnesses;
2) sums spent for storage, sending and examination of material evidence;
3) other costs incurred by the inquiry agencies, pre-trial investigation agencies and court during proceedings in a given case.
(Article 91 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 92. Reimbursement of expenses incurred by witnesses, victims, victims legal representatives, experts, specialists, translators, and attesting witnesses
Witnesses, victims, victims legal representatives, experts, specialists, translators, and attesting witnesses are entitled to reimbursement of expenses they incurred in connection with appearance before inquiry agencies, pre-trial investigation agencies, prosecutors office, and court upon the summons of the latter.
For the time spent to appear upon summons, the persons above retain the average wage they earn in the place of their employment. Persons who are not workers or employees are paid remuneration for the break in their occupation.
Experts, specialists, and translators are also entitled to remuneration for the discharge of their official duties if the work assigned to them does not fall within the scope of their service responsibilities.
The said payments are made from the budget of inquiry agencies, pre-trial investigation agencies, and court. Relevant guidelines prescribe the way in which such payments are made and amounts thereof ( 710-96-п ).
(Article 92 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 117-VIII 52( 117-08 ) of 30.08.71, No 6834-X ( 6834-10 ) of 16.04.84, by Law No 360/95-ВР ( 360/95-ВР ) of 05.10.95 ).
Article 93. Recovery of court costs and lawyers fees
Court costs are imposed on convicted persons, except amounts paid and to be paid to translators, or are covered at the expense of the State.
Whenever a defendant is found guilty, the court takes decision to recover from him/her court costs. If several defendants are found guilty, the court prescribes the amount of cost to be borne by each of them, taking into account the degree of guilt and property status of the convicts.
If a defendant was found guilty but was released from punishment, the court may impose court costs on such a defendant.
When a case is dismissed based on conciliation between the victim and the accused in cases related to crimes referred to in paragraph 1 of Article 27 of the present Code, the court may impose court costs on either of them or on both of them.
Court costs imposed on a person who is unable to bear them, as well as court costs related to translators remuneration are covered at the expense of the State.
Fees of a defense counsel who was appointed in the case are covered at the expense of the State according to the procedure and in the amounts prescribed by the Cabinet of Ministers of Ukraine. In such a case, recovery of costs to the State may be imposed on the convict or persons who assume property responsibility for his/her actions upon their consent.
(Article 93 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No ( 2464-12 ) of 17.06.92, No 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 93-1. Recovery of expenses incurred in connection with in-patient treatment of a person who suffered from a crime
Sums spent by a health care institution for in-patient treatment of a victim of crime except when the damage was caused as a result of excess or sudden break of passion attributable to illegal violence or serious insult on the part of the victim are recovered by court during decreeing a judgment upon claim of the health care institution concerned, a Ministry of Finance of Ukraines authority, or prosecutor as prescribed in Article 28 and paragraphs 2 and 3 of Article 93 of the present Code.
(Paragraph of Article 93-1 is omitted under Law 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
If, when rendering a judgment, decision on the recovery of expenses incurred in connection with inpatient treatment of the victim has not been made, such expenses are recovered by way of civil proceedings initiated upon claim of persons referred to in paragraph 1 of the present Article.
In the same manner, are recovered expenses incurred in connection with in-patient treatment of the victim of a criminal act, if criminal proceedings are dismissed or institution of criminal proceedings is denied under circumstances referred to in Article 6, first paragraph, subparagraphs 3, 4, and 6; Articles 7, 7-2, 8, 9, and 10 of the present Code.
(Article 93-1 is added by Law No 3132-XII ( 3132-12 ) of 22.04.93, as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001 ).
( Article 94 Article 236-8 ( 1002-05 )
( Article 237 Article 449 ( 1003-05 )
Section II
(Articles 94 to 236-8)
(Article 1 Article 93-1 ( 1001-05))
(Article 237 Article 449 (1003-05))
INSTITUTING CRIMINAL PROCEEDINGS,
INQUIRY, AND PRE-TRIAL INVESTIGATION
Chapter 8
INSTITUTING CRIMINAL PROCEEDINGS
Article 94. Reasons and grounds for instituting criminal proceedings
The following shall be the ground for instituting criminal proceedings:
1) applications or reports from enterprises, institutions, organizations, officials, representatives of government, public opinion, or particular citizens;
2) reports from representatives of government, public opinion, or particular citizens who caught the suspect red-handed at the scene of crime;
3) surrender;
4) publications in the press;
5) finding indicia of crime by the inquiry agency, investigator, prosecutor, or court;
Proceedings may be initiated only if sufficient data show that indicia of crime are present.
Article 95. Applications and reports of crime
Applications or reports of crime from representatives of government, public opinion, or particular citizens can be oral or written. Oral applications are entered in the record which is signed by the applicant and official who received the application. In so doing, the applicant is warned about the liability for misleading information, such warning being reflected in the record.
Written application should be signed by the applicant. Prior to instituting criminal proceedings, it is necessary to check the personality of the applicant, warn him/her about the liability for misleading information, and take the appropriate signed acknowledgment from him/her.
Reports from enterprises, institutions, organizations, and officials should be made in written.
Reports from representatives of government, public opinion, or particular citizens who caught the suspect red-handed at the scene of crime may be oral or written.
Article 96. Surrender
Surrender refers to personal, voluntary written or oral statement the offender makes to the inquiry agency, inquirer, investigator, prosecutor, judge, or court about crime he/she has committed or prepared to commit, such statement being made before instituting criminal proceedings against such offender. Whenever criminal proceeding has been already instituted based on the presence of indicia of crime, the offender should make such statement before the decision to prosecute him/her is taken.
Oral statement is entered in the record where information on the offender and contents of his/her statement are narrated in the grammatical category of the 1st person singular. The record is signed by the offender and official who drew up the record.
If oral statement of surrender is made in court session, information on the offender and contents of his/her statement are entered on the record of court session and signed by the offender. Presiding judge transmits an excerpt from the record of court session to the appropriate prosecutor within three days.
Written statement of surrender has to be signed by the offender and the official from the inquiry agency, inquirer, investigator, or prosecutor who received such statement, with indication of the date of its receipt.
(Article 96 as revised by Law No 3082-III (3082-14) of 07.03.2002).
Article 97. Obligation to accept applications and reports of crimes and the way in which the same are considered
Prosecutor, investigator, inquiry agency, or judge are required to accept applications and reports of crimes which have been committed or are being prepared, including in cases which do not fall within their competence.
Prosecutor, investigator, inquiry agency, or judge is required, within three days, to take one of the following decisions on the application or report of crime:
1) institute criminal proceedings;
2) deny instituting criminal proceedings;
3) refer the application or report of crime to appropriate authority;
At the same time, all possible measures are taken to prevent or suppress the crime. With appropriate grounds present, which confirm that a real treat exists to the life and health of the person who reported the crime, it is necessary to take required measures to have applicants security ensured, as well as security of his/her family members and close relatives if attempts to exert influence on the applicant are made through threats or any other illegal actions.
If it is necessary to verify an application or report of crime before instituting criminal proceedings, such verification is made by the prosecutor, investigator, or inquiry agency within 10 days by way of taking explanations from particular citizens or officials or by directing to submit required documents.
An application or reports of crimes can be verified, prior to instituting criminal proceedings, trough operational - detective operations. Specific operational detective activities as specified in Ukrainian legislative acts are conducted upon courts authorization which is issued in response to the submission of the chief (his/her deputy) of the operational unit concerned, such submission being subject to the consent of the prosecutor. The judge passes a ruling on issuance of such authorization and such ruling may be challenged as prescribed in Articles 177, 178, and 190 of the present Code.
(Article 97 as amended by Laws No 1381-XIV (1381-14) of 13.01.2000, No 2533-III (2533-14 ) of 21.06.2001 effective from 29.06.2001).
Article 98. Instituting criminal proceedings
With reasons and grounds referred to in Article 94 of this Code present, prosecutor, investigator, inquiry agency, or judge are required to take decision on instituting criminal proceedings, such decision stating reasons and grounds for instituting criminal proceedings, provision of criminal statute under which criminal proceedings are instituted, as well as further course of action of such proceedings.
If the perpetrator of crime has been identified upon institution of criminal proceedings, criminal proceedings should be instituted against such perpetrator.
Proceedings referred to in paragraph 1 of Article 27 of the present Code are instituted by the peoples judge concerned while in cases specified in paragraph 3 of Article 27 of the present Code by the prosecutor.
After proceedings have been instituted:
1) prosecutor sends the case to pre-trial investigation or inquiry;
2) investigator starts pre-trial investigation while inquiry agency begins inquiry;
3) court assigns to trial the case related to crime referred to in paragraph 1 of Article 27 of the present Code.
(Article 98 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 358/95-ВР ( 358/95-ВР ) of 05.10.95, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 98-1. Measures of restraint against a person in whose respect criminal proceedings have been instituted
When criminal proceedings are instituted against a person, prosecutor (judge) shall have the power to take decision thereby such person is prohibited from leaving the limits of Ukraine till pre-trial investigation or trial is completed and a motivated decision (ruling) should be passed thereon.
(Article 98-1 is added by Law No 358/95-ВР ( 358/95-ВР ) of 05.10.95).
Article 98-2. Serving or sending a copy of the decision to institute criminal proceedings
Should criminal proceedings be instituted, prosecutor, investigator, inquiry agency, or judge are required to immediately serve a copy of decision to the person in whose respect criminal proceedings have been instituted and to the victim. If it is impossible to serve the copy of the decision immediately, the copy should be handed over within three days after the decision has been taken.
If it is impossible to serve a copy of decision to institute criminal proceedings to the said persons within time-limits specified in the first paragraph of the present Article because of their illness, failure to establish their place of stay or for any other valid reasons, the copy of the decision should be served within three days from the appearance, compulsory appearance under law or establishing place of stay of such persons.
Whenever the person concerned refuses receiving the copy of the decision to institute criminal proceedings, prosecutor, investigator, inquirer, or judge draws up an appropriate record thereof.
A copy of the decision to institute criminal proceedings is served or sent to the victims representative, defense counsel or legal representative of the suspect or the accused upon their written request within three days from such request.
(Article 98-2 is added by Law No 526-V (526-16) of 22.12.2006).
Article 99. Denial to institute criminal proceedings
With grounds for instituting criminal proceedings absent, prosecutor, investigator, inquiry agency, or judge takes a decision to deny instituting criminal proceedings and inform the persons, enterprises, institutions, organizations concerned thereon.
If verification of an application or report does not establish grounds for instituting criminal proceedings but records of verification contain information on the presence of an administrative or disciplinary misdemeanor or any other breach of public order, prosecutor, investigator, inquiry agency, judge may, after having denied instituting criminal proceedings, send the application or report to the public society organization, Service in charge of Juveniles, labor collective or owner of the enterprise, institution or organization or authority designated by such owner so that they take appropriate measures of influence, or may transfer materials for imposition of administrative penalties as prescribed by law.
(Article 99 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 2533-III ( 2533-14 ) of 21.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001, No 609-V ( 609-16 ) від 07.02.2007).
Article 99-1. Challenging decisions to deny instituting criminal proceedings
Decision made by the investigator and inquiry agency to deny instituting criminal proceedings may be challenged before the appropriate prosecutor and, if such decision was made by the prosecutor, before a higher prosecutor. The challenge should be filed by the person concerned or by his/her representative within seven days after the receipt of a copy of the decision.
Decision made by the prosecutor, investigator and inquiry agency to deny instituting criminal proceedings may be challenged by the person concerned or by his/her representative before court as prescribed in Article 236-1 of the present Code.
Decision made by the judge to deny instituting criminal proceedings may be challenged by the person concerned or by his/her representative by way of appeal within seven days after the receipt of a copy of the decision.
(Article 99-1 is added by Law No 2857-XII ( 2857-12 ) of 15.12.92, as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001 ).
Article 100. Prosecutors supervision of legality of instituting criminal proceedings
Prosecutor supervises the legality of instituting criminal proceedings.
Investigator and inquiry agency are required to send a copy of the decision to institute criminal proceedings or to deny instituting criminal proceedings to the prosecutor within 24 hours.
If proceedings have been instituted without legal grounds, prosecutor dismisses the case and, if investigative actions have not been conducted in the case, overturns the decision to institute criminal proceedings.
In case of ill-grounded denial to institute criminal proceedings by the investigator or inquiry agency, prosecutor takes a decision thereby he/she overturns the decision made by the investigator or inquiry agency and institutes criminal proceedings.
(Paragraph 5 of Article 100 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001 ).
(Article 100 as amended by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001 ).
Chapter 9
INQUIRY AND PRE-TRIAL INVESTIGATION AGENCIES
Article 101. Inquiry agencies
The following are inquiry agencies:
1) Militia;
1-1) Tax militia - in cases related to tax (mandatory payments) evasion, evasion of contributions for general state pension insurance, as well as in cases related to concealing currency earnings;
2) Security Service agencies in cases which fall under their jurisdiction according to law;
3) chiefs of command bodies of the Military Justice Service of the Military Forces of Ukraine and their deputies responsible for inquiry in cases related to crimes committed by servicemen of the Military Forces of Ukraine and those liable to military service during training development sessions, by civilian employees of the Military Forces of Ukraine in line of duty or crimes committed in the place of deployment of military units, and commanders (chiefs) of military units, formations, and chiefs of military institutions in cases related to crimes committed by their subordinates and those liable to military service during training development sessions as well as in cases related to crimes committed by civilian employees of the Military Forces of Ukraine in line of duty or crimes committed in the place of deployment of military units, formations, institution or at military sites;
3-1) captains of ships in cases related to crimes committed by their servicemen, as well as in cases related to crimes committed by civilian employees of the Military Forces of Ukraine in line of duty outside the limits of Ukraine;
4) Customs agencies in cases related to smuggling;
5) chiefs of penitentiary institutions, investigative isolation wards, medical-labor prophylactic establishments - in cases related to crimes against the established order of service committed by the staff of such institutions, as well as in cases related to crimes committed in the location of such institutions;
6) State fire safety agencies in cases related to fires and violations of fire safety regulations;
7) Border Guard Service agencies in cases related to illegally crossing the State Border and in cases related to the use of knowingly fake documents while crossing the State Border;
8) captains of sea crafts navigating outside territorial waters of Ukraine.
9) chiefs of units of the State Special Transport Service in cases related to crimes committed by their subordinates and those liable to military service during training development sessions, as well as in cases related to crimes committed by workers of the State Special Transport Service in connection with execution of office or crimes committed in the place of the relevant unit of the State Special Transport Service.
(Paragraph 9 is added to Article 101 by Law No 1414-VI ( 1414-17 ) of 02.06.2009)
(Article 101 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, No 8627-X ( 8627-10 ) of 20.03.85, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 2468-XII ( 2468-12 ) of 17.06.92, No 85/98-ВР ( 85/98-ВР ) of 05.02.98, No 1134-XIV ( 1134-14 ) of 08.10.99, No 662-IV ( 662-15 ) of 03.04.2003 effective from 01.08.2003, No 743-IV ( 743-15 ) of 15.05.2003, No 2377-IV ( 2377-15 ) of 20.01.2005, No 3108-IV ( 3108-15 ) of 17.11.2005, No 1254-VI ( 1254-17 ) of 14.04.2009, No 1657-VI ( 1657-17 ) of 21.10.2009 ).
Article 102. Pre-trial investigation agencies
Investigators of prosecutors offices, investigators of Interior agencies, investigators of tax militia, and investigators of Security Service agencies are pre-trial investigation agencies.
(Article 102 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada of 13.06.63, No 117-VIII ( 117-08 ) of 30.08.71, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 85/98-ВР ( 85/98-ВР ) of 05.02.98 ).
Chapter 10
INQUIRY
Article 103. Powers of inquiry agency
Inquiry agencies are responsible for conducting necessary operational detective activities aimed at establishing indicia of crime and identifying its perpetrators.
Inquiry agency immediately informs prosecutor on the crime detected and inquiry started.
(Article 103 as amended by Law No 3351-XII (3351-12) of 30.06.93).
Article 104. The way in which inquiry is conducted in criminal cases
With indicia of crime which is not grave present, inquiry agency institutes criminal proceedings and, being guided by the statute of criminal procedure, conducts investigative actions till perpetrator of crime is identified. Thereafter, inquiry agency, in full compliance with time-limits prescribed in Article 108, first paragraph, of the present Code, draws up a decision on the transfer of the case to investigator, such decision being subject to prosecutors approval.
If inquiry agency institutes criminal proceedings in a case related to a crime of grave severity, the agency is required to refer the case to investigator through prosecutor after having completed urgent investigative actions within time-limits prescribed in paragraph 2 of Article 108 of the present Code.
If perpetrator of crime is not identified in a case related to crime of grave severity which was referred to investigator, inquiry agency continues conducting operational detective activities and informs investigator on the results thereof.
After investigator has engaged in the case, inquiry agency is required to follow investigators requests relating to the conduct of investigative and detective actions.
(Article 104 as revised by Law No 3351-XII (3351-12) of 30.06.93).
(Article 105 is omitted by Law No 3351-XII (3351-12) of 30.06.93).
Article 106. Apprehension of the suspect by inquiry agency
Inquiry agency may apprehend a person suspected of having committed a crime for which confinement can be imposed only if one of the following grounds is present:
1) a person has been caught during the commission of crime or immediately after it has been committed;
2) eyewitnesses, including victims, expressly state that the given person is the perpetrator of crime;
3) obvious traces of crime have been found at the person concerned or his/her clothes, in his/her home.
With other particulars giving grounds for suspicion of the commission of crime present, the person concerned may be apprehended only if this person tried to escape or if he/she does not have a place of permanent residence, or if the personality of the suspect has not been established.
Inquiry agency is required to draw up a record of every apprehension, such record stating grounds, motives, date, hour, year, month, place of apprehension, explanations of the apprehended person, time when the record of explanation to the suspect, as prescribed in paragraph 2 of Article 21 of the present Code, of his/her right to have a visit of a defense counsel upon apprehension was drawn up. The record is signed by the officer who drew it up and the apprehended person.
A copy of the record with the list of rights and duties is immediately handed over to the apprehended person and sent to the prosecutor. Records which gave ground for the apprehension are also sent to the prosecutor upon request of the latter.
The inquiry agency promptly notifies apprehension of the persons suspected of having committed a crime to one of his/her relatives while apprehension of an officer who is on active list of an intelligence agency of Ukraine in his/her line of duty is also immediately reported to the appropriate intelligence agency.
Inquiry agency within seventy two hours after apprehension:
1) releases the apprehended person if suspicion of having committed a crime has not been confirmed, time-limit established by law expired or apprehension was conducted contrary to the first and second paragraphs of the present Article;
2) releases the apprehended person and impose on him/her a measure of restraint other than custody;
3) brings the apprehended person to judge and requests the latter to impose a measure of restraint in the form of custody.
In case of challenging apprehension before court, the apprehended persons complaint is immediately sent to court by the head of the place of custody pending trial. The judge considers such complaint concurrently with inquiry agencys request to impose a measure of restraint. If complaint was filed after the measure of restraint has been imposed, it is considered by judge within three days after its receipt. If the request was not received or when the complaint was received after expiration of seventy two hours after the apprehension, the judge considers the complaint within five days from its receipt.
The complaint is considered in compliance with requirements set forth in Article 165-2 of the present Code. Following consideration of the complaint, the judge takes decisions on the legality of apprehension or satisfies the complaint and finds apprehension illegal. A copy of such decision is sent to the prosecutor, inquiry agency, the apprehended person, and the head of the place of custody pending trial.
Prosecutor, the person in whose respect the decision was taken or his/her defense counsel or legal representative may challenge judges decision by way of appeal within seven days from the day on which such decision has been taken. Filing the appeal does not affect execution of courts decision.
The suspect may not be detained for more than seventy two hours.
If judges decision to place the apprehended person in custody or to release him/her does not reach the place of custody pending trial within time-limit prescribed by law, the head of the place of custody pending trial releases the apprehended person and draws up an appropriate record thereof and notifies the official or agency which conducted apprehension thereof.
(Article 106 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 3084-IX ( 3084-09 ) of 16.02.78, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001, No 3111-III (3111-14 ) of 07.03.2002, No 1276-VI ( 1276-17 ) of 16.04.2009).
Article 106-1. Short-term apprehension of persons suspected of having committed a crime
The way in which persons suspected of having committed a crime are apprehended on a short-term basis is defined in the Regulations governing Short-term apprehension of persons suspected of having committed a crime.
(Article 106-1 is added by virtue of the Decree of the Presidium of the Verkhovna Rada No 3084-IX (3084-09) of 16.02.78, as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X (6834-10) of 16.04.84).
Article 107. Interrogation of those suspected of having committed a crime
A suspect is summoned and interrogated in compliance with rules laid down in Articles 134 136, 145, and 146 of the present Code.
If a suspect was apprehended or a measure of restraint in the form of custody was imposed thereon, he/she is interrogated immediately and, when such immediate interrogation is impossible, - not later than 24 hours after apprehension. Presence of a defense counsel is compulsory during such interrogation, except when the suspect waives the right to defense counsel and his/her waiver is accepted.
Before interrogation, the suspect should be advised of his/her rights set forth in Article 43-1 of the present Code, and informed on what crime he/she is suspected of, and an appropriate note thereof is entered in the record of interrogation.
(Article 107 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 effective from 29.06.2001 ).
Article 108. Time-limits for inquiry
In cases related to crimes which are not of grave or especially grave severity, inquiry is conducted within 10 days starting from identifying the perpetrator of crime. If such perpetrator has not been identified, inquiry is suspended in compliance with Article 209 of the present Code.
In cases related to crimes of grave or especially grave severity, inquiry is conducted within 10 days starting from instituting criminal proceedings.
If a measure of restraint has been imposed on the suspect as prescribed in Article 165-2 of the present Code, inquiry is conducted within 5 days starting from the imposition of the measure of restraint.
(Article 108 as revised by Law No 3351-XII ( 3351-12 ) of 30.06.93, as amended by Laws No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2670-III ( 2670-14 ) of 12.07.2001, No 2670-III ( 2670-14 ) of 12.07.2001 ).
Article 109. Inquiry completion
Inquiry is completed with drawing up a decision to refer the case to pre-trial investigation, such decision being subject to prosecutors approval.
With grounds referred to in Article 6 of this Code present, inquiry agency closes the case by a motivated decision which is sent to the prosecutor within 24 hours.
(Article 109 as revised by Law No 3351-XII (3351-12) of 30.06.93).
Article 110. Challenging actions and decisions of inquiry agencies
Actions and decisions of inquiry agencies may be challenged before prosecutor.
In case of a complaint, the prosecutor is required to consider the same within 10 days and communicate the decision taken on the complaint to the complainant.
Actions and decisions of inquiry agencies may be challenged before court.
Complaints against actions and decisions of inquiry agencies are considered by trial court during preliminary trial or during trial of the case on its merits except as otherwise provided by the present Code.
(Article 110 as revised by Law No 2857-XII (2857-12 ) of 15.12.92, as amended by Law No 2533-III (2533-14 ) of 21.06.2001 effective from 29.06.2001).
Chapter 11
PRE-TRIAL INVESTIGATION - GENERAL PROVISIONS
Article 111. Pre-trial investigation
Pre-trial investigation in conducted in all cases save cases related to crimes referred to in paragraph 1 of Article 27 and Article 425 of the present Code where pre-trial investigation is conducted in cases related crimes committed by a juvenile or a person who is unable to enjoy his/her right to defense because of his/her physical or mental disabilities, as well as when prosecutor or court finds it appropriate.
(Article 111 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 2631-VII ( 2631-07 ) of 18.03.70, No 140-IX ( 140-09 ) of 04.09.75, No 1593-IX ( 1593-09 ) of 22.12.76, No 6347-XI ( 6347-11 ) of 03.08.88, No 5822-XI ( 5822-11 ) of 29.04.88, No 6976-XI ( 6976-11 ) of 14.12.88, as revised by Law No 3351-XII ( 3351-12 ) of 30.06.93 ).
Article 112. Competence
In cases related to crimes punishable under Articles 157, 158, 158-1, 159, 159-1, 160, 161, 162, 163, 166, paragraph 2 of Article 168, Articles 170, 171, 172, 173, 175, paragraph 3 of Article 176, paragraph 3 of Article 177, Articles 182, 183, paragraph 2 of Article 184, Article 209, paragraph 3 of Article 229, Articles 233, 234, 235, 236, 237, 238, 244, 253, 271, 272, 273, 274, 275, 276, 281, 335, 336, 338, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 392, 397, 398, 399, 400, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 441, 445 of the Criminal Code of Ukraine (2341-4), as well as in all cases related to crimes committed by officials who hold especially important offices under Article 9, first paragraph, of the Law of Ukraine On Civil Service (3723-12) and by persons who hold positions of the 1 3 category, by members of law enforcement authorities, - pre-trial investigation is conducted by investigators of prosecutors offices. Investigators of prosecutors offices may investigate other crimes upon decision of the Prosecutor General of Ukraine, his/her deputies, oblast prosecutor, and prosecutors assimilated to them.
In cases related to crimes punishable under Articles 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, paragraph 2 of Article 126, Articles 127, 128, 129, 130, 131, 132, paragraphs 2 and 3 of Article 133, Articles 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 150-1, 151, 152, 153, 154, 155, 156, 165, 167, paragraph 1 of Article 168, Articles 169, 174, paragraphs 1 and 2 of Article 176, paragraphs 1 and 2 of Articles 177, Articles 178, 179, 180, 181, paragraphs 1 of Article 184, paragraphs 2, 3, 4, 5 of Article 185, paragraphs 2, 3, 4, 5 of Article 186, Article 187, Article 188-1, Article 189, paragraphs 2, 3, 4 of Article 190, Articles 192, 193, paragraph 2 of Article 194, paragraphs 2 and 3 of Article 194-1, Articles 195, 196, 197, 197-1, 198, 199, 200, paragraph 2 of Article 203, Article 203-1, Article 204, paragraph 2 of Article 205, Articles 206, 207, 209, paragraph 2 of Article 213, Articles 214, 215, 217, 219, 220, 221, 222, 223, 223-1, 223-2, 224, paragraph 2 of Article 225, paragraph 2 of Article 226, Articles 227, 228, paragraph 1 and 2 of Article 229, Articles 231, 232, 232-1, 232-2, 233, 234, 235, 239, 239-1, 239-2, 240, 241, 242, 243, paragraph 2 of Article 245, paragraph 2 of Article 248, paragraph 2 of Article 249, Articles 251, 252, 254, 259, 260, 261, 262, 263, 264, 265, 266, 267, 267-1, 268, 269, 270, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, paragraphs 2, 3, 4 of Article 296, Articles 297, 298, 298-1, 299, 300, 301, 302, 303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 337, 339, 340, 341, 344, 352, 353, 354, 355, 357, 358, 360, 361, 361-1, 361-2, 362, 363, 363-1, 389, 390, 391, 393, 394 of the Criminal Code of Ukraine, as well as in all cases related to crimes committed by juveniles, - pre-trial investigation is conducted by investigators of Interior agencies.
In cases related to crimes punishable under Articles 109, 110, 111, 112, 113, 114, 201, 209, 258, 258-1, 258-2, 258-3, 258-4, 258-5, 261, 265-1, 305, 328, 329, 330, 332, 333, 334, 359, 361, 361-1, 361-2, 362, 363, 363-1, 422, 436, 437, 438, 439, 440, 441, 442, 443, 444, 446, 447 of the Criminal Code of Ukraine pre-trial investigation is conducted by investigators from the Security Service of Ukraine. Whenever investigation of crimes punishable under Articles 328, 329, and 422 reveals crimes punishable under Articles 364, 365, 366, 367, 423, 424, 426 of the Criminal Code of Ukraine (2341-14), committed by the person under investigation or by any other person, if they are linked to crimes committed by the person under investigation, such crimes are investigated by investigators from the Security Service of Ukraine, including crimes committed by officials who hold especially important offices under Article 9, first paragraph, of the Law of Ukraine On Civil Service (3723-12) and by persons who hold positions of the 1 3 category of civil servants, and by members of law enforcement authorities.
In cases related to crimes punishable under Articles 204, 207, 208, 209, 212, second, third, and fourth paragraphs, 212-1, second, third, and fourth paragraphs, Articles 216 and 218 of the Criminal Code of Ukraine, - pre-trial investigation is conducted by investigators from the tax militia. Whenever investigation of these crimes reveals crimes punishable under 192, 200, 201, 202, 203, 205, 213, 215, 219, 220, 221, 222, and 358 of the Criminal Code of Ukraine committed by the person under investigation or by any other person, if they are linked to crimes committed by the person under investigation, such crimes are investigated by investigators from the tax militia.
In cases related to crimes punishable under Articles 191, 210, 211, 255, 256, and 257 of the Criminal Code of Ukraine (2341-14), - pre-trial investigation is conducted by the agency which instituted criminal proceedings. Whenever investigation of these and other crimes reveals crimes punishable under Articles 364, 365, 366, 367, 368, 369, 370 of the Criminal Code of Ukraine (2341-14), linked to crimes in whose respect criminal proceedings are instituted, they are investigated by the agency which instituted criminal proceedings.