Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 19/11/2017

Ukraine

Reservation contained in the instrument of ratification, deposited on 11 September 1997 - Or. Ukr./Engl.

The provisions of Article 5, paragraph 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 shall apply in the part that does not contradict paragraph 13 of Chapter XV of the Transitional Provisions of the Constitution of Ukraine and Articles 106 and 157 of the Criminal Procedure Code of Ukraine concerning the detention of a person and the arrest warrant issued by the public prosecutor.

Such reservations will be in force until the appropriate amendments to the Criminal Procedure Code of Ukraine have been made or until the adoption of the new Criminal Procedure Code of Ukraine, but not later than 28 June 2001.

Appendix to the reservation handed over to the Secretary General at the time of deposit of the instrument of ratification, on 11 September 1997 - Or. Ukr./Engl.

Paragraph 13 of the Chapter containing the Transitional Provisions in the Constitution of Ukraine

"13. The existing procedure for the arrest, custody and detention of persons suspected of committing an offence and the procedure for carrying out an inspection and search of a person's home and other property shall be retained for five years after the entry into force of the present Constitution."

"Article 106. Detention of a person suspected of committing an offence by an organ of inquiry

An organ of inquiry shall be entitled to detain a person suspected of committing an offence for which a penalty in the form of deprivation of freedom could be imposed, subject to the existence of one of the following grounds:

1. if the person was discovered committing an offence or immediately after committing one;

2. if eye-witnesses, including victims, directly identify this person as the one who committed the offence;

3. if clear traces of the offence are found on the body of the suspect or on the clothing which he is wearing or which is kept at his home.

If there are other data which constitute grounds for suspecting the person of committing an offence, he may be detained only if he attempted to escape, or if he has no permanent place of residence, or if the identity of the suspect has not been established.

For each case of detention of a person suspected of committing an offence, the organ of inquiry shall be required to draw up a record mentioning the grounds, the motives, the day, time, year and month, the place of detention, the explanations of the person detained and the time when it was recorded that the suspect was informed of his right to have a meeting with the defence counsel before his first questioning in accordance with the procedure provided for in Part 2 of Article 21 of the present Code. The organ of inquiry shall also be required to notify the public prosecutor of the detention in writing within twenty-four hours and, at his request, give him the documents constituting grounds for detention. The record of detention shall be signed by the person who drew it up and by the detained person. Within forty-eight hours of the time of receipt of notification of detention, the public prosecutor shall be required to authorise the person detained to be taken into custody or order his release.

The organ of inquiry shall inform the suspected person's family of his detention if his place of residence is known."

"Article 157. The Duties of the Public Prosecutor when Issuing a Warrant for Arrest

The public prosecutor shall issue a warrant for the arrest of a suspect or accused subject to the existence of the grounds prescribed by law. When deciding whether to issue a warrant for arrest, the public prosecutor shall be required to study conscientiously all the relevant documents and, where necessary, question the suspect or accused personally. In the case of a suspect or accused under the age of majority, such questioning shall be mandatory.

The right to issue a warrant for the arrest of a person shall lie with the Public Prosecutor General of Ukraine, the public prosecutors of the Republic of Crimea, the oblasts, the cities of Kyiv and Sevastopol, equivalent public prosecutors and their deputies, and town and district public prosecutors and equivalent public prosecutors. The same right shall also lie with the deputy public prosecutors of towns and districts with a population of over 150,000, unless otherwise stipulated in a special order of the Public Prosecutor General of Ukraine."
Period covered: 11/09/1997 - 29/06/2001
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 11 September 1997 - Or. Ukr./Engl.

The provisions of Article 5, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 shall apply in the part that does not contradict paragraphs 50, 51, 52 and 53 of the Interim Disciplinary Statute of the Armed Forces of Ukraine approved by the Decree No 431 of the President of Ukraine dated 7 October 1993, concerning the imposition of arrest as a disciplinary sanction.

[Note by the Secretariat :

By a letter dated 3 July 2000, registered at the Secretariat General on 10 July 2000, The Permanent Representative of Ukraine informed the Secretary General of the Council of Europe that the Law "On the Disciplinary Statute of the Armed Forces of Ukraine" of 24 March 1999 had introduced amendments to Article 3 of the Law of Ukraine "On the Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, First Protocol and Protocols Nos. 2, 4 and 11 thereto" which is now worded as follows:

"The provisions of Article 5, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 shall apply in the part that does not contradict Articles 48, 49, 50 and 51 of the Disciplinary Statute of the Armed Forces of Ukraine concerning the imposition of arrest as a disciplinary sanction."

The amendments entered into force on 24 March 1999. The Permanent Representative of Ukraine emphasised that the changes were purely formal and consisted mainly in a renumbering of certain provisions of the Interim Disciplinary Statute (Articles 50, 51, 52 and 53 became Articles 48, 49, 50 and 51).]

Appendix to the reservation handed over to the Secretary General at the time of deposit of the instrument of ratification, on 11 September 1997 - Or. Ukr./Engl.

The Interim Disciplinary Statute of the Armed Forces of Ukraine

Disciplinary penalties which are imposed on soldiers, sailors, sergeants and sergeants-majors

Article 50. On soldiers (sailors) of fixed-date service can be imposed such sanctions :

a) remark;
b) reprimand;
c) severe reprimand;
d) deprivation of regular release from location of military unit or from ship on the bank;
e) appointment out of turn on duty to work - till 5 duties;
f) arrest with supervision in the guard-room till 10 days;
g) deprivation of breastplate "Excellent specialist";
h) reducing of the senior soldier (senior sailor) to the rank.

Article 51. On soldiers and sailors of contract service can be imposed such sanctions:

a) remark;
b) reprimand;
c) severe reprimand;
d) appointment out of turn on duty to work - till 5 duties;
e) arrest with supervision in the guard-room till 10 days;
f) deprivation of breastplate "Excellent specialist of the Armed Forces of Ukraine";
g) reducing of the senior soldier (senior sailor) to the rank;
h) discharge from military service for service incompliance.

Article 52. On sergeants and sergeants-majors of fixed-date service can be imposed such sanctions:

a) remark;
b) reprimand;
c) severe reprimand;
d) deprivation of regular release from location of military unit or from ship on the bank;
e) arrest with supervision in the guard-room till 10 days;
f) deprivation of breastplate "Excellent specialist";
g) demotion;
h) demotion in military rank by one grade;
i) demotion in military rank by one grade with transfer to a lower post;
j) reducing of the sergeant (sergeant-major) to the rank.

Article 53. On sergeants and sergeants-majors of contract service can be imposed such sanctions:

a) remark;
b) reprimand;
c) severe reprimand;
d) arrest with supervision in the guard-room till 7 days;
e) deprivation of breastplate "Excellent specialist of the Armed Forces of Ukraine";
f) demotion;
g) demotion in military rank by one grade;
h) demotion in military rank by one grade with transfer to a lower post;
i) reducing of the sergeant (sergeant-major) to the rank;
j) discharge from military service for service incompliance.

Note by the Secretariat :The above-mentioned Articles have been replaced by Articles 48, 49, 50 and 51 of the Disciplinary Statute of the Armed Forces of Ukraine - see previous Note by the Secretariat - which are now worded as follows:

The Law of Ukraine "On Disciplinary Statute of the Armed Forces of Ukraine" of 24 March 1999

Disciplinary penalties which are imposed on soldiers (sailors), sergeants (sergeants-majors)

Article 48. On soldiers (sailors) of fixed-date service can be imposed such sanctions:


a) remark;
b) reprimand;
c) severe reprimand;
d) deprivation of regular release from location of military unit or from ship on the bank;
e) appointment out of turn on duty to work - till 5 duties;
f) arrest with detention in the guard-room till 10 days;
g) reducing of the senior soldier (senior sailor) to the rank.

Article 49. On soldiers (sailors) of contract service can be imposed such sanctions:

a) remark;
b) reprimand;
c) severe reprimand;
d) warning of service incompliance;
e) appointment out of turn on duty to work - till 5 duties;
f) arrest with detention in the guard-room till 10 days;
g) reducing to the senior soldier (senior sailor) rank;
h) discharge from military service by contract for non-execution of terms of contract or service incompliance.

Article 50. On sergeants (sergeants-majors) of fixed-date service can be imposed such sanctions:a) remark;
b) reprimand;
c) severe reprimand;
d) deprivation of regular release from location of military unit or from ship on the bank;
e) arrest with detention in the guard-room till 10 days;
f) demotion;
g) demotion in military rank by one grade;
h) demotion in military rank by one grade with transfer to a lower post;
i) reducing of the sergeant (sergeant-major) to the rank.

Article 51. On sergeants (sergeants-majors) of contract service can be imposed such sanctions:

a) remark;
b) reprimand;
c) severe reprimand;
d) warning of imperfect service compliance;
e) arrest with detaining in the guard-room till 7 days;
f) demotion;
g) demotion in military rank on one grade;
h) demotion in military rank on one grade with transferring to lower post;
i) reducing to the sergeant (sergeant-major) rank;
j) discharge from military service by contract for non-execution of terms of contract or service incompliance.
Period covered: 11/09/1997 -
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 11 September 1997 - Or. Ukr./Engl.

Ukraine fully recognises on its territory the validity of Article 6, paragraph 3.d, of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 in regard to the defendant's right to obtain the attendance and examination of witnesses (Articles 263 and 303 of the Criminal Procedure Code of Ukraine) and as regards the rights of the suspect and persons charged in pre-trial proceedings to submit petitions for the attendance and examination of witnesses and the confrontation with them in accordance with Articles 43, 431 and 142 of the above-mentioned Code.

Appendix to the reservation handed over to the Secretary General at the time of deposit of the instrument of ratification, on 11 September 1997 - Or. Ukr./Engl.

"Article 263. The Defendant's Rights during the Trial

During the court session, the defendant shall have the right:

1. to make challenges;

11. to have the case tried by a bench of judges in the cases prescribed by law;

2. to be provided with a defence counsel or deal with his own defence;

3. to make requests (pleas) and express his views on the requests (pleas) of other persons;

4. to request the Court to add documents to the case file, summon witnesses, appoint expert commissions and call for further evidence;

5. to give evidence on the substance of the case at any stage in the trial or refuse to give evidence and answer questions;

6. to request the court to make public the evidence available in the case;

7. to put questions to other defendants, witnesses, experts, specialists, the victim, a civil plaintiff or a civil respondent;

8. to take part in the examination of material evidence, the scene of the offence and documents;

9. to take part in the Court proceedings in the absence of a defence counsel;

10. to make the final address to the Court."

"Article 303. The Questioning of a Witness

Witnesses shall be questioned individually and in the absence of other witnesses not yet questioned.

Before being questioned on the substance of the case, each witness shall be asked questions to elucidate his relations with the defendant and the victim and shall be invited to say everything he knows about the case.

After the witness has said everything he knows about the case, he shall be questioned by the public prosecutor, the prosecuting lawyer, the victim, the civil plaintiff, the civil respondent, the defence counsel, the counsel for the civil respondent, the defendant, the judge and the people's assessors.

If a witness is summoned to the Court session at the request of the public prosecutor or other participants in the trial, first the participant in the trial who requested the summoning of the witness shall be the first to question the witness. A witness summoned by the Court itself shall be questioned according to the general procedure.

Throughout the questioning of the witness by the participants in the trial, the Court shall be entitled to ask him questions with a view to clarifying and supplementing his answers.

Witnesses who have been questioned shall remain in the courtroom and may not leave it until the end of the trial without the consent of the presiding judge."

"Article 43. The accused and his rights

The term "accused" shall denote a person whom it has been decided to bring to court as an accused person according to the procedure established by the present Code. After he has been brought to court, the accused shall be referred to as a defendant.

The accused shall be entitled to know the charge against him; to give evidence about the charge or to refuse to give evidence and answer questions; to be provided with a defence counsel and see him before the first questioning; to submit evidence; to lodge pleas; to be acquainted with all the documents of the case after the completion of the preliminary investigation or inquiry; to take part in the judicial proceedings at the court of first instance; to make challenges; to lodge appeals against the actions and decisions of the person carrying out the inquiry, the investigator, the public prosecutor, the judge and the court.

The defendant shall be entitled to make the final address to the court."

"Article 431. The suspect

The following shall be considered suspects:

1. a person detained on suspicion of committing an offence;

2. a person against whom a preventive measure has been taken until it is decided to bring him to court as the accused.

The suspect shall be entitled to know of what he is suspected; to give evidence or refuse to give evidence and answer questions; to be provided with a defence counsel and see him before the first questioning; to submit evidence; to lodge pleas and make challenges; to apply for reconsideration by the public prosecutor of the legality of his detention; to make appeals against the actions and decisions of the person carrying out operational investigative activities and inquiries, the investigator and the public prosecutor.

The fact that the suspect has been informed of his rights shall be mentioned in the record of detention or the decision to apply a preventive measure."

"Article 142. Explaining to the Accused his Rights during the Investigation

When bringing a charge, the investigator shall be required to explain to the accused that during the preliminary investigation he is entitled:

1. to be informed of the charge against him;

2. to make a statement in respect of the charge or refuse to make a statement and answer questions;

3. to submit evidence;

4. to request the questioning of witnesses, crossexaminations and expert examinations, call for evidence and have it added to the case file and make requests on any other matters of significance for establishing the truth in the case;

5. to challenge the investigator, public prosecutor, expert, specialist and interpreter;

6. with the investigator's consent, to be present when certain stages of the investigation are carried out;

7. to be acquainted with all the documents of the case after the completion of the preliminary investigation;

8. to be provided with a defence counsel and see him before the first questioning;

9. to lodge appeals against the actions and decisions of the investigator and the public prosecutor.

The investigator shall record that the accused's rights have been explained to him in the decision to bring a charge against him, and the accused shall confirm this by his signature."
Period covered: 11/09/1997 -
Articles concerned : 6

Reservation contained in the instrument of ratification, deposited on 11 September 1997 - Or. Ukr./Engl.

The provisions of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 shall apply in the part that does not contradict paragraph 13 of Chapter XV "Transitional Provisions" of the Constitution of Ukraine and Articles 177 and 190 of the Criminal Procedure Code of Ukraine concerning warrants for arrest and search warrants issued by the public prosecutor.

Such reservations will be in force until the appropriate amendments to the Criminal Procedure Code of Ukraine have been made or until the adoption of the new Criminal Procedure Code of Ukraine, but not later than 28 June 2001.

Appendix to the reservation handed over to the Secretary General at the time of deposit of the instrument of ratification, on 11 September 1997 - Or. Ukr./Engl.

Paragraph 13 of the Chapter containing the Transitional Provisions in the Constitution of Ukraine

"13. The existing procedure for the arrest, custody and detention of persons suspected of committing an offence and the procedure for carrying out an inspection and search of a person's home and other property shall be retained for five years after the entry into force of the present Constitution."

"Article 177. Grounds for Making a Search

The investigator shall carry out a search in cases where he has sufficient information to consider that the tools of the offence, substances and valuables obtained by criminal means and other items and documents which are of importance for establishing the truth in the case are hidden on certain premises or in a certain place or on a certain person.

The investigator shall also carry out a search in cases where he has sufficient information to the effect that an offender is hiding on certain premises or in a certain place.

The search may be carried out at the investigator's behest only with the consent of the public prosecutor or his deputy.

In urgent cases a search may be carried out without the public prosecutor's consent, subject to the public prosecutor being notified within 24 hours both of the search and of its results."

"Article 190. Carrying out an Examination

In order to discover traces of an offence and other material evidence and to elucidate the circumstances of an offence as well as other circumstances which are of importance to the case, the investigator shall make an examination of the relevant place, premises, items and documents.

In urgent cases an inspection of the scene of the offence may be carried out before the opening of the criminal case. In such cases, where there are grounds therefor, the criminal proceedings shall be opened immediately after the examination of the scene of the offence.

The investigator shall draw up a record of the results of the examination."
Period covered: 11/09/1997 - 28/06/2001
Articles concerned : 8


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.