Andrii Derkach’s Appeal to the Attorney General of Ukraine

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MEMBER OF PARLIAMENT OF UKRAINE

Interfactional Parliamentary Association

“For the Protection of Violated Rights of Citizens

and Against Political Repression

“FORBIDDEN TO FORBID”


To the Attorney General of Ukraine

V. N. Shokin

MP APPEAL

Dear Victor Nikolaevich!

In order to fulfill my parliamentary duties of preventing the violation of constitutional rights of citizens during the practice of government agencies, guided by the requirements of Article 19 of the Act on the Status of Member of Parliament of Ukraine, I kindly request you to provide me with the statistic data for 2014 and 2015 (country-wise and region-wise) on:

– the number of secret investigative actions undertaken on criminal proceedings, which were being investigated by the investigators of the prosecutor’s office, the Ministry of the Interior of Ukraine, the Security Service of Ukraine, the State Penitantiary Service, the agencies overseeing the adherence to the tax and customs legislation, specifically the actions provided by the following articles of the Criminal Procedure Code of Ukraine:

    • Article 260 “Audio and video surveillance of the person”;
    • Article 262 “Review and extraction of the correspondence”;
    • Article 263 “Extraction of data from the transport telecommunication networks”;
    • Article 264 “Extraction of data from the electronic data systems”;
    • Article 269 “Surveillance of the person, object or place”;

– the number of operational and technical measures (for instance, extraction of data from the transport telecommunication networks) and operational measures (for instance, visual surveillance of the person by the operative divisions of the Ministry of the Interior of Ukraine, the Security Service of Ukraine, the agencies overseeing the adherence to the tax legislation within the scope of the instituted investigative legal action in accordance with the Act on Investigative Action) undertaken;

– the number of violations of the law committed during the secret investigative actions and operative investigative actions by the investigators and employees of the authorized subdivisions of the Ministry of the Interior of Ukraine, the Secret Service of Ukraine, the State Penitentiary Service, the agencies overseeing the adherence to the tax and customs legislation, that have adopted procedural decisions based on these violations;

– the number of persons who have been held as suspects charged (Article 42 of the Criminal Procedure Code of Ukraine) under the criminal proceedings investigated by the investigators of the prosecutor’s office, the Ministry of the Interior of Ukraine, the Secret Service of Ukraine, the agencies overseeing the adherence to the tax and customs legislation, and the precautionary measures (Article 176 of the Criminal Procedure Code of Ukraine) taken with respect of said persons, namely:

        • personal commitment;
        • personal guarantee;
        • bail;
        • house arrest;
        • detention;

– the number of searches conducted at the persons’ who have been held as suspects or accused during the criminal proceedings.

I kindly request to be informed of the results of the review of my appeal in the manner and within the period defined in part 2 of Article 16 of the Act on the Status of Member of Parliament of Ukraine.

 

Yours respectfully,

A.L. Derkach

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