Reservations and Declarations for Treaty No.182 - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Nature of declaration : Authorities
Status as of 24/08/2019

Ukraine

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl.

In accordance with Article 3 of the Second Additional Protocol, Ukraine declares that the authorities, which are authorised under paragraph 2 of Article 11, as amended in Article 3 of the Second Additional Protocol, shall be the Ministry of Justice of Ukraine (in cases at the stage of judicial investigation) and the General Prosecutor’s Office of Ukraine (in cases at the stage of pre-trial investigation).
Period covered: 01/01/2012 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl.

Ukraine declares that, in cases specified in paragraphs 1, 2 and 5 of Article 15 of the Convention, as amended in Article 4 of the Second Additional Protocol, if the direct channels of communication are not used the request in cases at the stage of judicial investigation shall be addressed to the Ministry of Justice of Ukraine, and the request at the stage of pre-trial investigation – to the General Prosecutor’s Office of Ukraine.(*)

[(*) Note by the Secretariat : See the document List of Prosecutor General’s Office of Ukraine, Regional Prosecutors’ Offices and Military Prosecutors’ Offices appended to the instrument of ratification (English version only).]
Period covered: 01/01/2012 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl., supplemented by a Note verbale from the Permanent Representation of Ukraine dated 9 July 2013, registered at the Secretariat General on 10 July 2013 – Or. Engl.

Ukraine declares that requests for mutual assistance under paragraphs 1, 3 (except for requests of administrative authorities) and 5 of Article 15 of the Convention, as amended in Article 4 of the Second Additional Protocol, shall be directly addressed through the main departments of justice (in cases at the stage of judicial investigation) and through prosecutor’s offices of regional level (in cases at the stage of pre-trial investigation).(*)

[(*) Notes by the Secretariat : See the document List of Prosecutor General’s Office of Ukraine, Regional Prosecutors’ Offices and Military Prosecutors’ Offices appended to the instrument of ratification (English version only).
See the lists of authorities in Ukraine competent to send or competent to receive requests for mutual legal assistance, transmitted by a Note verbale from the Permanent Representation of Ukraine dated 9 July 2013 – PDF version only.]
Period covered: 01/01/2012 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl., supplemented by a Note verbale from the Permanent Representation of Ukraine dated 9 July 2013, registered at the Secretariat General on 10 July 2013 – Or. Engl.

Ukraine declares that the competent authorities for the direct receipt of requests under paragraph 6 of Article 15 of the Convention, as amended in Article 4, of the Second Additional Protocol, in Ukraine shall be courts that deliver judgements in individual case.(*)

[(*) Notes by the Secretariat : See the document List of Prosecutor General’s Office of Ukraine, Regional Prosecutors’ Offices and Military Prosecutors’ Offices appended to the instrument of ratification (English version only).
See the lists of authorities in Ukraine competent to send or competent to receive requests for mutual legal assistance, transmitted by a Note verbale from the Permanent Representation of Ukraine dated 9 July 2013 – PDF version only.]
Period covered: 01/01/2012 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl.

For the purposes of Article 24 of the Convention, as amended in Article 6 of the Second Additional Protocol, Ukraine considers courts of general jurisdiction, prosecutors of all levels and authorities of pre-trial investigation as “judicial authorities”.
Period covered: 01/01/2012 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl.

In accordance with Article 20 of the Second Additional Protocol, the authority in Ukraine which decides on setting up a joint investigation team shall be the General Prosecutor’s Office in Ukraine.
Period covered: 01/01/2012 -
Articles concerned : 20

Declaration contained in the instrument of ratification deposited on 14 September 2011 - Or. Engl.

For the purposes of Article 18 of the Second Additional Protocol, the competent authorities in Ukraine are departments of the Ministry of Internal Affairs of Ukraine, of the Security Service of Ukraine and of the State Border Service of Ukraine.
Period covered: 01/01/2012 -
Articles concerned : 18

Declaration contained in a Note Verbale from the Permanent Representation of Ukraine, dated 10 March 2017, registered at the Secretariat General on 14 March 2017 - Or. Engl. and updated by a Communication from the Permanent Representation of Ukraine, dated and registered at the Secretariat General on 30 May 2017 - Or. Engl.

Ukraine communicates the list of judicial authorities of Ukraine and the list of main territorial departments of the Ministry of Justice of Ukraine authorised to send and to receive requests for mutual assistance in criminal matters subject to requirements of Article 4 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182).

Annex 1: list of judicial authorities of Ukraine
Annex 2: list of main territorial departments of the Ministry of Justice of Ukraine

Period covered: 14/03/2017 -
Articles concerned : 4


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