Ukraine - Revision history

IBJadmin at 11:38, 6 March 2015

2015-03-06T11:38:35Z

← Older revision		Revision as of 13:38, 6 March 2015
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	A defendant found guilty has a right to submit an appeal to the appellate court.<ref>Article 55 of the Constitution of Ukraine</ref>		A defendant found guilty has a right to submit an appeal to the appellate court.<ref>Article 55 of the Constitution of Ukraine</ref>

	===Ways to protect rights===		==Ways to protect rights==
	'''Exclusionary rule of nullity of the procedure'''		'''Exclusionary rule of nullity of the procedure'''

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	Parties to criminal proceedings shall have equal rights with regard to collecting and producing items, documents, other evidence, motions, complaints, as well as to enjoy other procedural rights provided by the present Code.		Parties to criminal proceedings shall have equal rights with regard to collecting and producing items, documents, other evidence, motions, complaints, as well as to enjoy other procedural rights provided by the present Code.

	===Rights in prison===		==Rights in prison==

	'''Conditions of confinement'''		'''Conditions of confinement'''

IBJadmin: /* =Appeals */

2015-03-06T11:37:04Z

=Appeals

← Older revision		Revision as of 13:37, 6 March 2015
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	A court decision is pronounced publicly immediately after the court has left deliberation room. Judge presiding in court session explains contents of the decision, procedure and time limit for its challenge. After the sentence has been pronounced, presiding judge shall advise the defendant, defense counsel, his legal representative, victim, his representative of their right to file a plea for pardon, the right to review journal of court session and submit written comments thereto. The defendant committed to custody as a measure of restraint is advised of the right to submit motion to be brought to the court session of the court of appellate instance.		A court decision is pronounced publicly immediately after the court has left deliberation room. Judge presiding in court session explains contents of the decision, procedure and time limit for its challenge. After the sentence has been pronounced, presiding judge shall advise the defendant, defense counsel, his legal representative, victim, his representative of their right to file a plea for pardon, the right to review journal of court session and submit written comments thereto. The defendant committed to custody as a measure of restraint is advised of the right to submit motion to be brought to the court session of the court of appellate instance.

	====Appeals===		===Appeals===

	According to Article 393 of the Code of Criminal Procedure, appellate complaint may be submitted by:		According to Article 393 of the Code of Criminal Procedure, appellate complaint may be submitted by:
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	*10) other persons in cases specified by the Code		*10) other persons in cases specified by the Code




	==References==		==References==

IBJadmin: /* Police procedures */

2015-03-06T11:36:17Z

Police procedures

← Older revision		Revision as of 13:36, 6 March 2015
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	According to the Ukrainian Code of Criminal Procedure , the suspect should have, on his first demand, a counsel and consultation with him prior to the first and each subsequent interview under conditions ensuring confidentiality of communication, and also upon the first interview to have such consultations with no limits as to their number or duration; the right to the presence of defense counsel during interviews and other procedural actions, refuse from services of counsel at any time in the course of criminal proceedings; have services of a counsel provided at the cost of the state in the cases stipulated for in this Code and/or the law regulating provision of legal aid at no cost, including when no resources are available to pay for such counsel.		According to the Ukrainian Code of Criminal Procedure , the suspect should have, on his first demand, a counsel and consultation with him prior to the first and each subsequent interview under conditions ensuring confidentiality of communication, and also upon the first interview to have such consultations with no limits as to their number or duration; the right to the presence of defense counsel during interviews and other procedural actions, refuse from services of counsel at any time in the course of criminal proceedings; have services of a counsel provided at the cost of the state in the cases stipulated for in this Code and/or the law regulating provision of legal aid at no cost, including when no resources are available to pay for such counsel.

	~~'''~~Rights of the accused at all times~~'''~~		==Rights of the accused at all times==

	The matter and manner of criminal proceedings, as stated by the Ukrainian Code of Criminal Procedure must conform to the general principles of criminal proceedings such as, but not limited to:		The matter and manner of criminal proceedings, as stated by the Ukrainian Code of Criminal Procedure must conform to the general principles of criminal proceedings such as, but not limited to:

IBJadmin: /* Police procedures */

2015-03-06T11:35:15Z

Police procedures

← Older revision		Revision as of 13:35, 6 March 2015
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	The victim, the suspect, defense counsel, representative, and other participants to criminal proceedings may be invited to attend. Whenever investigator, public prosecutor needs assistance in issues requiring special knowledge, they may invite specialists to participate in the search. The investigator, public prosecutor shall take adequate measures to ensure that persons whose rights and legitimate interests may be abridged or violated are present during such search.<ref>Article 236 of UCCP</ref>		The victim, the suspect, defense counsel, representative, and other participants to criminal proceedings may be invited to attend. Whenever investigator, public prosecutor needs assistance in issues requiring special knowledge, they may invite specialists to participate in the search. The investigator, public prosecutor shall take adequate measures to ensure that persons whose rights and legitimate interests may be abridged or violated are present during such search.<ref>Article 236 of UCCP</ref>

	~~*~~Identification~~*~~		'''Identification'''

	Before presenting an individual, dead body or object for identification, investigator, public prosecutor in advance shall find out if the identifying person can identify this individual, dead body or object, ask him about outward appearance and characteristic signs of this individual, dead body or object, as well as about circumstances under which the identifying person saw this individual or object, and draw up a record thereon. If the person states that he is unable to list characteristic signs which can help him to identify the individual, dead body or object but is able to identify him by the totality of signs, the record shall state by the totality of which signs he can identify the individual, dead body or object concerned. It is forbidden to show in advance to the identifying person the individual, dead body or object subject to be presented for identification and provide other information on characteristic signs of this individual or object.		Before presenting an individual, dead body or object for identification, investigator, public prosecutor in advance shall find out if the identifying person can identify this individual, dead body or object, ask him about outward appearance and characteristic signs of this individual, dead body or object, as well as about circumstances under which the identifying person saw this individual or object, and draw up a record thereon. If the person states that he is unable to list characteristic signs which can help him to identify the individual, dead body or object but is able to identify him by the totality of signs, the record shall state by the totality of which signs he can identify the individual, dead body or object concerned. It is forbidden to show in advance to the identifying person the individual, dead body or object subject to be presented for identification and provide other information on characteristic signs of this individual or object.

IBJadmin: /* Police procedures */

2015-03-06T11:34:47Z

Police procedures

← Older revision		Revision as of 13:34, 6 March 2015
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	==Pre-trial procedures==		==Pre-trial procedures==
	==Police procedures==		===Police procedures===

	Police services in Ukraine are provided by the Ministry of Internal Affairs (MIA) which is responsible for the Militia – the national police authority. Ukraine's police force has recently undergone several reforms. Central, regional and local police authorities are active in Ukraine. Mounted police also plays an important role in Ukraine and can often be seen patrolling the streets.		Police services in Ukraine are provided by the Ministry of Internal Affairs (MIA) which is responsible for the Militia – the national police authority. Ukraine's police force has recently undergone several reforms. Central, regional and local police authorities are active in Ukraine. Mounted police also plays an important role in Ukraine and can often be seen patrolling the streets.

IBJadmin: Created page with "==Introduction== Ukraine is located in Eastern Europe and is the second largest country in Europe. It gained its independence from the former Soviet Union in 1991 and is now ..."

2015-03-06T11:34:01Z

Created page with "==Introduction== Ukraine is located in Eastern Europe and is the second largest country in Europe. It gained its independence from the former Soviet Union in 1991 and is now ..."

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