The Law of Ukraine
On Ensuring Security of the Persons who Participate in Criminal Legal Proceedings
Date of Entry into Force:
March 2, 1994
According to the Law, ensuring security of the persons who participate in criminal proceedings i.e. in reveal, prevention, stopping, disclosure or investigation of crimes, as well as in judicial consideration of criminal cases is taking by law-enforcement bodies of legal, organizational and technological and other measures aimed at protection of life, accommodation, health and property of these persons from illegal encroachment with the purpose of creation of necessary conditions for the proper execution of justice.
The following persons shall be eligible for ensuring security:
- a person who informed law-enforcement body about the crime, participated in or promoted reveal, prevention, stopping and disclosure of crimes in other way;
- a victim and his representative in the criminal case;
- the suspected, the accused, advocates and legal representatives;
- a civil claimant, a civil defendant and their representatives in case on compensation of damage caused by crime;
- a voucher;
- an expert, a specialist, an interpreter and a witness;
- members of families and immediate relatives of the above persons, if there are attempts to influence on the participants of criminal legal proceedings by threats or other illegal actions.
The decision about application of security measures shall be made by inquest body, investigator, general prosecutor or court that consider criminal cases on the crimes under judicial consideration or investigation in which the above persons participated or participate. This decision is also made by the body (subdivision) which carries out operation and search activity concerning the persons who participated in or facilitated reveal, prevention, stopping and disclosure of crimes.
Security measures shall be taken by:
- the bodies of security service;
- the bodies of internal affairs;
- the penitentiary establishments and bodies;
- the commanders of military units.
Chapter II of the Law determines rights and obligations of the persons as regards to whom measures on ensuring security are conducted and of the bodies which ensure security.
According to Article 7 of the Law, there are the following security measures:
- personal body-guard, guard of accommodation and property;
- issue of special individual protection means and means of informing about danger;
- use of technical means for control and bugging of telephone and other conversations, visual observation;
- change of documents and appearance;
- change of job or place of studies;
- resettlement to other place of residence;
- placement to pre-school educational establishment or to the establishment of bodies of social protection of the population;
- ensuring confidentiality of information about the person;
- closed court proceeding;
- sending to the other military unit;
- transfer to a new place of service;
- transfer to another place of confinement;
- separate holding.
The procedure for application and cancellation of security measures as regards to the persons under protection is set by Chapter IV of the Law.