Draft of New Regulations on the Department

DRAFT

REGULATIONS
on the State Department of Ukraine for Criminal Penalties Execution

1. The State Department of Ukraine for Criminal Penalties Execution (hereinafter – the Department) is a central body of executive power with special status, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Justice.

The Department ensures the realisation of a unified state policy in the field of criminal penalties execution, performs law enforcement and law protection functions, directs, coordinates and supervises the activities of the State Criminal-Executive Service of Ukraine (hereinafter – criminal-executive service).

2. In its activities, the Department is guided by the Constitution and laws of Ukraine, as well as by decrees of the President of Ukraine and resolutions of the Supreme Council of Ukraine, adopted in accordance with the Constitution and laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, orders of the Minister of Justice and these Regulations.

Within the scope of its authority, the Department organises and carries out systematic control over the implementation of legislative acts.

The Department summarises the practice of applying legislation on matters relating to the tasks of the criminal-executive service, develops and submits proposals to the Minister of Justice directed at its improvement.

3. The principal tasks of the Department are:

1) preparation and submission to the Minister of Justice of proposals regarding the formulation and realisation of a unified state policy in the field of criminal penalties execution;

2) ensuring the observance of human and citizen rights, requirements of legislation regarding the implementation and serving of criminal penalties, realisation of lawful rights and interests of convicted persons and persons taken into custody;

3) development of recommendations regarding the organisation of detention of persons taken into custody, ensuring the implementation of court sentences and application of means of correction of convicted persons provided for by law; implementation of control over the implementation of court sentences with regard to certain types of additional penalties; ensuring compulsory treatment of convicted persons;

4) ensuring compliance with legal requirements in bodies and institutions of criminal penalties execution and investigative detention facilities, prevention of crimes and disciplinary offences by convicted persons and persons taken into custody, and regarding them, their cessation and detection and investigation of crimes committed in bodies and institutions of criminal penalties execution and investigative detention facilities, conducting enquiries in cases concerning these crimes, conducting operational and investigative activities;

5) development of drafts of forecast and programme documents on matters falling within its competence;

6) leadership of bodies and institutions of criminal penalties execution and investigative detention facilities, organisation of production and economic activities, professional and technical and general education training of convicted persons;

7) establishment in accordance with legislation of international cooperation on matters falling within the Department's competence.

4. The Department, in accordance with the tasks assigned to it:

1) develops and submits for approval by the Minister of Justice a plan of measures for the realisation of the principal directions of the Department's activities;

2) participates in the formulation and ensures the realisation of a unified state policy in the field of criminal penalties execution, organises the implementation of targeted programmes for the development of the criminal-executive service;

3) submits to the Minister of Justice proposals for draft State programmes of economic and social development of Ukraine, Programmes of activities of the Cabinet of Ministers of Ukraine and laws on the State Budget of Ukraine;

4) develops and submits to the Minister of Justice draft laws, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine for their submission in the prescribed manner to the Cabinet of Ministers of Ukraine for consideration;

5) executes instructions of the Minister of Justice arising from acts of the President of Ukraine and the Cabinet of Ministers of Ukraine;

6) implements within the scope of its authority measures for the adaptation of Ukrainian legislation to the legislation of the European Union and implementation into national legislation of the provisions of international treaties to which Ukraine is a party, prepares and submits to the Minister of Justice proposals regarding the development of international cooperation and conclusion of international treaties of Ukraine;

7) ensures the participation of civil organisations in the implementation of public control over the implementation of criminal penalties;

8) prepares and submits to the Minister of Justice proposals regarding the determination of principal directions of the activities of bodies and institutions of criminal penalties execution and investigative detention facilities on matters of protection of human rights and freedoms in conditions of serving a criminal penalty; ensures the protection of institutions of criminal penalties execution, investigative detention facilities and objects of the criminal-executive service, public order and safety in them; participates in the development and implementation of state comprehensive programmes for combating crime;

9) controls the implementation of legislative acts on matters falling within its competence, implements the distribution of convicted persons to deprivation of liberty, restriction of liberty and persons taken into custody, to institutions of criminal penalties execution and investigative detention facilities and ensures their detention;

10) determines the type of institution of criminal penalties execution in which persons convicted to deprivation of liberty serve their sentence, directs and transfers convicted persons and persons taken into custody from one institution to another, implements the transfer (extradition) of persons accused of committing crimes, as well as convicted persons for serving sentences in institutions of foreign states in accordance with the laws and international treaties of Ukraine, approval of the binding nature of which has been provided by the Supreme Council of Ukraine;

11) analyses the results of the activities of bodies and institutions of criminal penalties execution and investigative detention facilities, compiles long-term and operational forecasts of the criminogenic situation and on their basis submits to the Minister of Justice in the prescribed manner proposals regarding the enhancement of the effectiveness of the functioning of the criminal-executive service, ensuring public order and safety, strengthening of the fight against crime;

12) organises and controls operational and investigative activities, establishes cooperation with bodies composed of units engaged in such activities, implements information and reference servicing of bodies and institutions of criminal penalties execution and investigative detention facilities, interested state bodies;

13) ensures the implementation of acts of amnesty and pardon;

14) organises the conduct of social, educational and psychological work with persons held in institutions of criminal penalties execution, engages representatives of religious organisations, creative unions and civil organisations, labour collectives, in cooperation with the Ministry of Education and Science ensures professional training of convicted persons and their general education training;

15) resolves with the participation of bodies of internal affairs, bodies of labour and social protection of the population questions regarding the preparation of persons for release from institutions of criminal penalties execution, provision of assistance in their labour and domestic arrangement, promotion of their further social adaptation;

16) implements in accordance with legislation the management of property of the criminal-executive service;

17) ensures the implementation of tasks in civil defence and fire safety, stable operation of institutions of criminal penalties execution and investigative detention facilities under conditions of a special period and emergency situation, compliance with the legal regime of emergency or martial law in the event of its introduction in Ukraine or in separate localities thereof, conducting quarantine measures during epidemics;

18) ensures within the scope of its competence coordination of work on mobilisation preparation and mobilisation readiness of the criminal-executive service;

19) realises within the scope of its authority state policy in the field of protection of state secrets, implements in the prescribed manner control over the state of protection and preservation of state secrets in the Department and its territorial bodies of management (hereinafter – territorial bodies of management), criminal-executive inspection, institutions of criminal penalties execution, investigative detention facilities, militarised formations, educational institutions, healthcare institutions, enterprises of institutions of criminal penalties execution, other enterprises, institutions and organisations established to ensure the implementation of tasks of the criminal-executive service;

20) organises the conduct of scientific research, research and development and design and technology work utilising the achievements of science, technology and accumulated experience; coordinates the work of enterprises of institutions of criminal penalties execution, other enterprises, institutions and organisations established to ensure the implementation of tasks of the criminal-executive service, related to certification, standardisation, metrology, invention and rationalisation;

21) ensures the creation within the criminal-executive service of a system of its own internal security;

22) ensures the conduct of monitoring in the field of production and economic activities of enterprises of institutions of criminal penalties execution, analyses, forecasts the development of processes in this field and submits on their basis appropriate proposals to the Minister of Justice; provides assistance to the aforesaid enterprises in establishing and stabilising economic connections, participates in the formulation and placement of state orders, concludes contracts for this purpose;

23) controls the state of labour protection and technical safety, implements supervision over compliance with rules, norms and requirements for the safe conduct of drilling and blasting work at mining enterprises of institutions of criminal penalties execution, with regard to the storage, accounting and use for their intended purpose of explosive materials, the correct use of mineral deposits, protection of subsoil;

24) determines the needs of institutions of criminal penalties execution and investigative detention facilities in material and technical resources, energy carriers, foodstuffs, capital investments in construction, reconstruction, expansion, technical re-equipment and capital repairs, performance of design and survey work and work on standard designing of objects of these institutions; ensures the implementation of a unified policy on matters of capital construction of objects of the criminal-executive service, implements supervision over the technical condition of buildings, structures and engineering networks in operation;

25) provides institutions of criminal penalties execution and investigative detention facilities with engineering and technical means of protection and supervision, special means of protection and active defence, systems of communication and management, weapons, ammunition, military and special equipment, controls their distribution, storage and use;

26) ensures the implementation of sanitary-epidemiological supervision, medical control over the state of health of persons convicted to deprivation of liberty and persons taken into custody, provision to them of necessary medical assistance, appropriate sanitary and epidemic situation in institutions of criminal penalties execution and investigative detention facilities and on their territories, as well as compliance with requirements regarding environmental protection and rational use of natural resources;

27) establishes at the instruction of the Minister of Justice relations with international organisations, concludes agreements with corresponding bodies of foreign states on cooperation in the field of criminal penalties execution, the fight against crime and on other matters falling within its competence;

28) performs the functions of principal manager of budgetary funds provided for the maintenance of the criminal-executive service; ensures the financing of bodies and institutions of criminal penalties execution and investigative detention facilities within the limits of approved appropriations and funds obtained from production and economic activities; organises work on the maintenance of accounting and statistical records; implements internal financial control over the expenditure and rational use of state funds and property;

29) acts as state customer for defence orders and for the supply (purchase) of products, performance of works, provision of services at state expense to meet the needs of national security, design and capital construction of objects of the criminal-executive service;

30) implements the selection of personnel of rank and command staff and employees of the criminal-executive service, forms a cadre reserve, organises work on the training, retraining and enhancement of the professional level of personnel;

31) ensures in accordance with legislation legal and social protection of personnel of rank and command staff and employees of the criminal-executive service, as well as members of their families;

32) ensures coverage of the activities of the criminal-executive service, including through the means of mass communication established by the Department and its own website, in the prescribed manner organises the conduct of seminars, conferences on matters falling within its competence;

33) conducts in the prescribed manner editorial and publishing activities, in particular publishes newspapers, journals, bulletins, collections of normative-legal acts and other materials on matters of the activities of the criminal-executive service;

34) implements other functions provided for by legislation.

5. The Department has the right to:

1) engage in the prescribed manner specialists of central and local bodies of executive power, enterprises, institutions and organisations, representatives of civil organisations for the consideration of matters falling within the Department's competence;

2) establish if necessary with the agreement of other bodies of executive power, bodies of local self-government within the scope of its authority commissions, expert and consultative councils, working groups;

3) obtain in the manner prescribed by legislation from bodies of executive power, bodies of local self-government, enterprises, institutions and organisations regardless of form of ownership and associations of citizens information, documents and materials necessary for the performance of tasks assigned to it;

4) convene in the prescribed manner meetings on matters falling within its competence;

5) establish means of mass communication for coverage of its activities.

6. The Department in the performance of tasks assigned to it cooperates with other bodies of executive power, bodies of local self-government, enterprises, institutions and organisations, civil organisations, as well as with corresponding bodies of foreign states and international organisations in accordance with legislation.

7. The Department within the scope of its authority on the basis of and in implementation of legislative acts issues orders, organises and supervises their implementation.

Draft normative-legal acts of the Department are subject to agreement with the Minister of Justice, and normative-legal acts of the Department – to state registration in the manner prescribed by legislation.

Decisions of the Department adopted within the scope of its competence are binding for implementation by central and local bodies of executive power, bodies of local self-government, enterprises, institutions and organisations regardless of form of ownership, as well as by citizens.

With the agreement of the Minister of Justice, the Department if necessary issues jointly with other central and local bodies of executive power joint acts.

8. The Department is headed by a Chairman, who is appointed to the position and dismissed from the position by the Cabinet of Ministers of Ukraine on the submission of the Prime Minister of Ukraine in accordance with the proposal of the Minister of Justice.

The Chairman of the Department has deputies, who are appointed to the position and dismissed from the position by the Cabinet of Ministers of Ukraine on the submission of the Prime Minister of Ukraine.

The Minister of Justice on the submission of the Chairman of the Department submits proposals to the Prime Minister of Ukraine regarding the appointment and dismissal of deputies of the Chairman of the Department.

The Chairman of the Department:

1) implements the leadership of the criminal-executive service and the activities of the Department and bears personal responsibility before the Cabinet of Ministers of Ukraine and the Minister of Justice for the performance of tasks and functions assigned to the criminal-executive service;

2) implements with the agreement of the Minister of Justice the distribution of duties among his deputies, determines the degree of responsibility of his deputies and heads of structural subdivisions of the central apparatus of the Department;

3) agrees to draft laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine on matters falling within the Department's competence and submits appropriate proposals to the Minister of Justice;

4) signs orders of the Department;

5) submits in the prescribed manner to the Minister of Justice for agreement the plan of work of the Department for the respective year and measures for the realisation of principal directions and strategic objectives of the Department's activities;

6) introduces a regime of special conditions, engages if necessary additional forces and means of bodies and subdivisions of the Ministry of Internal Affairs to cease group unlawful actions and eliminate their consequences in institutions of criminal penalties execution and investigative detention facilities;

7) approves lists of positions of rank and command (except highest) staff of the criminal-executive service and special ranks corresponding to these positions, and positions for the appointment to and dismissal from which is implemented by the Department;

8) appoints to the position and dismisses from the position in the prescribed manner personnel of rank and command staff, as well as employees of the criminal-executive service, including with the agreement of the Minister of Justice heads of independent structural subdivisions of the Department;

9) adopts with the agreement of the Minister of Justice a decision on the establishment, reorganisation, liquidation of territorial bodies of management;

10) appoints to the position and dismisses from the position in the manner established by the Minister of Justice heads of territorial bodies of management;

11) approves the structure and establishment lists of territorial bodies of management, subdivisions of the criminal-executive inspection, institutions of criminal penalties execution, investigative detention facilities, militarised formations, educational institutions and healthcare institutions and regulations concerning them, determines the procedure for the application of current and conditional designations of institutions of criminal penalties execution and investigative detention facilities and assigns them;

12) determines the order and conditions for the conclusion of contracts on the passage of service in bodies and institutions of criminal penalties execution and investigative detention facilities, appointment to positions by competition;

13) confers in the prescribed manner special ranks to personnel of rank, junior, middle and senior command staff of the criminal-executive service, submits proposals regarding the conferment of higher special ranks;

14) submits proposals regarding the conferment and confers ranks of civil servants within the scope of the respective category of positions in accordance with the Law of Ukraine 'On Civil Service';

15) establishes in accordance with legislation departmental insignia of the Department, approves regulations concerning these insignia and their descriptions, awards them to personnel of rank and command staff and employees of the criminal-executive service;

16) presents in the prescribed manner personnel of rank and command staff, as well as employees of the criminal-executive service for marking with state decorations of Ukraine;

17) approves regulations concerning structural subdivisions of the Department;

18) implements other authority in accordance with legislation.

9. For the development of recommendations on matters of the formulation and realisation of state policy in the field of criminal penalties execution falling within the Department's competence, discussion of the most important directions of its activities, draft normative-legal acts, consideration of other matters, a collegium is established in the Department consisting of its Chairman (head of the collegium), first deputy and deputies of the Chairman (ex officio), an official of the Ministry of Justice, heads of structural subdivisions of the Department and territorial bodies of management.

The collegium may include people's deputies of Ukraine (by consent), heads of other central bodies of executive power, and if necessary representatives of human rights and civil organisations, other persons with the right of advisory vote.

The personal composition of the collegium is approved by the Chairman of the Department. The official of the Ministry of Justice for inclusion in the composition of the collegium of the Department is determined by the Minister of Justice.

The organisational form of the work of the collegium is meetings. The frequency of the holding of meetings of the collegium is determined by the Chairman of the Department.

The decisions of the collegium are put into effect by orders of the Department.

10. For the consideration of scientific recommendations and proposals regarding principal directions of development of the criminal-executive service in the Department, a scientific, scientifically-consultative council, commissions and other bodies of an advisory and coordinative character may be established, the personal composition and regulations concerning which are approved by the Chairman of the Department.

11. The maximum number of personnel of rank and command staff and employees of the central apparatus of the Department and territorial bodies of management is approved by the Cabinet of Ministers of Ukraine.

The establishment list and estimate of the Department are approved by its Chairman with the agreement of the Ministry of Finance.

The structure of the central apparatus of the Department is approved by the Minister of Justice.

12. The Department is a legal entity, has an independent balance sheet, accounts in bodies of the State Treasury, a seal with the image of the State Emblem of Ukraine and its designation.