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LEGAL ADVICES

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					                                       LEGAL ADVICES
                          For victims of racism and xenophobia crimes

                      What you should do, if you are a victim of a crime

   1. If you are a victim of a crime, you should immediately submit a statement
      of crime in accordance with Article 95 of the Criminal Procedure Code of
      Ukraine.
You can submit a statement of crime with a help of a lawyer of any public institution
(see Annex No 1) or at your own discretion (see Annex No 2).
While drawing up the statement of crime, you should indicate:
   1) address and name of the institution¹ you submit your statement of crime to (see
      Annex No3);
   2) your surname and initials, place of residence, and accessible modes of
      communication;
   3) time and place of event;
   4) in what consists illegal action/inaction of other persons (for instance, you have
      been beaten, offended, you have not been given medical attendance, you have
      been robbed, stripped, including, displaying racial or any other hatred);
   5) what losses and damages you have been inflicted (what sum of money you
      have been robbed of, what parts of body have been damaged and how, what
      things you have been bereaved of);
   6) in your opinion, what are the reasons of illegal actions against you (racial or
      other hatred, attackers’ willing to get tangible property, personal hostility etc);
   7) if you were acquainted with the attackers before (if so, indicate the terms you
      were on with the attackers, what the circumstances of your acquaintance
      were.);
   8) the most precise description of the attackers (number of persons, age, sex,
      distinctive marks, lineaments, clothes etc);
   9) what your demand from authority is (to initiate a criminal case, notice you in
      written about results of consideration of a statement of crime and investigation
      of crime, find and punish the offenders, other).

Public prosecutor, investigator, body of inquiry or judge are obliged to register
statement or notification about committed or prepared crimes, including cases,
which are not of their jurisdiction.
If militia official refused to register statement, call number of confidential
telephone of the Ministry of Internal Affairs immediately (Annex No 4) and let
know your information (who you are, what happened to you, who refused you,
and in what district department of the Ministry of Internal Affairs) and ask for
assistance.
You should know that after making statement under Article 95 of the Criminal
Procedure Code of Ukraine, state authorities are to ascertain themselves in identity of
the informer, notify you about responsibility for false denunciation and engage you
____________________________
¹ Note: it is reasonable to make statement at the site of crime, that is, by its territorial indication.

                                                                                                           1
by a written promise. Therefore, you should immediately give all necessary
information to agents of militia or other abovementioned legal agents and assist in
investigation of crime.

Notice, that after making statement or notification of crime, public prosecutor,
investigator, body of inquiry or judge are obliged to take one of the following
decisions in three-day time:
   1) to initiate a criminal case;
   2) to refuse to initiate a criminal case;
   3) direct statement or notification to competent authority.

At the same time indicated persons take all possible measures to prevent crime or
stop it. In the presence of appropriate reasons, indicative of a real danger of life of a
person notifying of crime, the necessary measures are taken to ensure security of
informer.

2. If public prosecutor, investigator, body of inquiry or judge initiated a criminal
case
If, in your opinion, the reasons of the attack were racial, national, religious hatred or
xenophobia, you should explain, what actions of attackers, words and/or signs made
you understand that (indicate humiliation or offence). Furthermore, if attack was
based on racial hatred/xenophobia, you should insist on qualification of actions of
attackers under Article 161 of the Criminal Code of Ukraine - violation of
citizens' equality based on their race, nationality or religious preferences or their
religious views.
Pay attention to the fact that your notification of crime as to you will influence
on qualification of attackers’ actions, since the commission of an offence based on
racial, national or religious enmity and hostility is an aggravating circumstance
(Article 67, paragraph 1, item 3 of the Criminal Code of Ukraine).


3. Why you can be refused in initiating of a criminal case

You can be refused in initiating of a criminal case, only on condition, that as a
result of verification of statement or notification, no reasons could be found for
initiation of a criminal case. In case of refusal of initiating of a criminal case you
should be certainly informed about that. Thus, Article 99 of the Criminal
Procedure Code of Ukraine says, that for the lack of reasons for initiating of a
criminal case public prosecutor, investigator, body of inquiry or judge refuse to
initiate a criminal case by their decision, and notify interested persons and
enterprises, institutions and organizations.




                                                                                            2
4. If public prosecutor, investigator, body of inquiry or judge refused to initiate
a criminal case

You can appeal against refusal to initiate a criminal case to public prosecutor
(see Annex No 5) or to court within seven days upon receiving copy of decision.
Abovementioned right is provided under Article 99-1 of the Criminal Procedure
Code, which indicates, that decision of investigator and body of inquiry can be
appealed against to appropriate public prosecutor, and if it is a decision of public
prosecutor, it can be appealed against to superior public prosecutor. Complaint is
made by interested party or its representative within seven days upon receiving copy
of decision. Decision of public prosecutor, investigator, and body of inquiry to refuse
to initiate a criminal case may be appealed against by interested party or its
representative to court in order provided in Article 236-1 of the present Code.
Decision of court to refuse to initiate a criminal case may be appealed against by
interested party or its representative within seven days upon receiving copy of
decision.

Remember, lawyers of institutions mentioned in Annex No 1 can help you make
complaint, or you can do it independently with the help of this publication (see
Annex No 6).
Notice, if investigator or body of inquiry refuses to initiate a criminal case, public
prosecutor annuls decision of investigator or body of inquiry and initiates case under
Article 100 of the Criminal Procedure code of Ukraine.




                                                                                         3
                                                                             ANNEX No 1
                           List of public institutions,
                   which can provide You with legal assistance

№           Name of organization                      Address                 Telephone



1   Fund of social defense and charity of   83000 Donetsk                   (062) 335-39-
    Donetsk                                 Str. Chelyuskintsiv, 1          31


2   “Amnesty International”                 P.O. 60, Kyiv-15, 01015         (044) 484-16 -
                                                                            34


3   Inte rnational fund of public health    89600 Zakarpatskyi Region       (03131) 321-22
    and environme ntal protection           Mukachevo
    “Region of Karpaty”                     Str. Michurina, 3
4   Southern Ukrainian center of young      65074 Odesa                     (0487) 60-16-
    lawyers                                  Str. Akademika Filatova,       16, 28-27-02
                                            66/68, kindergarten № 57,
                                            "Penguin" (Odesa-9, P.O. 14)
5   Regional charity fund “Social service   61012 Kharkiv Str.              (057) 719-96-
    of assistance” of Kharkiv               Poltavskyi Shlyakh, 1/3, apt.   17, (057) 712-
                                            27                              30-16
6   Mission “HIAS Incorporated in           03056, Kyiv                     (044) 453-16-
    Ukraine”                                 Str. Dashavska, 22             53
    Programme “Juridical defence”                                           (044) 453-16-
                                                                            50

7   Fund of naturalization and human        95034, Simferopol, Str.         (0652) 27-64-
    rights “Sodyeystviye” (“Assistance”)    Kiyevskaya, 77/4, room 215      36




                                                                                             4
                                                                                                               ANNEX No 2
                                                       To _________________________ district
                                                                  (name of district )
                                                       department of Main Administration of Ministry of Internal Affairs
                                                       of Ukraine in Kyiv

                                                       Copy:
                                                       S tate Committee for Nationalities and Religion
                                                       Str. Volodymyrska, 9, Kyiv, 01025
                                                       tel. 502-68-96
                                                       e-mail: mail@scnm.gov.ua

                                                       citizen ___________________________________________
                                                       _________________________________________________
                                                       address: str. _______________, build. ______, apt. ________,
                                                       Kyiv, postal code____________________________________
                                                       tel. +3 8 0__________________________________________



                                       STATEMENT
                under Article 95 of the Criminal Procedure Code of Ukraine

I, ___________________________, citizen _____________________________________,
     (surname, name, patronymic)                                                  (country of origin)
______________year 200_ fell a prey to illegal actions, namely:_____________________
(time and date of crime)                                          (what the actions are, for example, beating, robbery)
_________________________________________________________________________
_________________________ persons, who were ________________________________
(зазначте, відомі Вам ці особи чи ні)                                      (number of persons committing illegal actions)
Abovementioned illegal actions took place_______________________________________
                                                                           (circumstances and scene)
As a result of illegal actions I got the following bodily damages______________________
                                                                                         (what bodily damages you got)
_________________________________________________________________________
Moreover, I was robbed of ___________________________________________________
                                          (indicate things you were robbed of, its cost, and make list of things)
I believe the reason for illegal actions was_______________________________________
                 (indicate the reason of attackers, for example, racial or other hatred, profit etc.)
Description of attackers:_____________________________________________________
                                      (if possible, give the most precise description of persons)
Taking into consideration the aforesaid and following Articles 94, 95, 97 of the Criminal
Procedure Code of Ukraine, I

                                                       REQUEST:

1.        To consider statement and initiate a criminal case.
2.        To issue certificate of loss of documents for receiving duplicates.
3.        To notify interested party of a decision taken in written.

                                       Annex:
copy of statement to UNHCR (in_____________________________________language)

Citizen _____________                                                                    ________________________

                                                                                        (signature of interested party and date)



                                                                                                                                   5
                                                                         ANNEX No 3
              Structure and addresses of organs
           of the Ministry of Internal Affairs in Kyiv
and Main Administration of the Ministry of Internal Affairs in Kyiv
                            Region

№               Name of organ                           Address          Telephone



1    Main Administration of the Ministry      Str. Volodymyrska, 15   (044) 272-18-02,
     of Internal Affairs of Ukraine in                                272-21-23, 272-
     Kyiv Region                                                      23-12

2    Main Administration of the Ministry      Str. Volodymyrska, 15   (044) 272-63-33,
     of Internal Affairs of Ukraine in                                employee on
     Kyiv                                                             duty
                                                                      272-62-31
3    Holosiyivskyi District administration    Str. Holosiyivska, 15   employee on
     of the Ministry of Internal Affairs of                           duty
     Ukraine Administration in Kyiv                                   (044) 265-04-04
4    Darnytskyi District administration of    Str. O. Koshytsya, 3а   (044) 536-06-62,
     the Ministry of Internal Affairs of                              employee on
     Ukraine Administration in Kyiv                                   duty
                                                                      572-71-02
5    Desnyanskyi District administration      Str. T. Drayzer, 9b     employee on
     of the Ministry of Internal Affairs of                           duty (044) 515-
     Ukraine Administration in Kyiv                                   87-83

6    Dniprovskyi District administration      Str. Kaunaska, 14/1     employee on
     of the Ministry of Internal Affairs of                           duty
     Ukraine Administration in Kyiv                                   (044) 552-50-18

7    Obolonskyi District administration       Marshal Malynovskyi     employee on
     of the Ministry of Internal Affairs of   Avenue, 2а              duty
     Ukraine Administration in Kyiv                                    (044) 418-30-
                                                                      22, 418-31-33
8    Pecherskyi District administration of    Str. Moskovska, 30      employee on
     the Ministry of Internal Affairs of                              duty
     Ukraine Administration in Kyiv                                    (044) 280-70-
                                                                      42, 280-61-18
9    Podilskyi District administration of     Str. Khoryva, 20        (044) 416-10-65,
     the Ministry of Internal Affairs of                              416-20-35,
     Ukraine Administration in Kyiv                                   employee on
                                                                      duty
                                                                      416-24-34
10   Svyatoshynskyi District                  Peremoha Avenue, 109    employee on
     administration of the Ministry of                                duty
     Inte rnal Affairs of Ukraine                                     (044) 444-03-41
     Administration in Kyiv



                                                                                         6
11   Solomyanskyi District administration Str. Polkovnyka Shutova, 3,    employee on
     of the Ministry of Internal Affairs of Povitroflotskyi Avenue, 49   duty
     Ukraine Administration in Kyiv                                      (044) 456-12-06,
                                                                         employee on
                                                                         duty
                                                                         277-25-77
12   Shevchenkivskyi District               Str. Hertsena, 9             (044) 486-03-06
     administration of the Ministry of
     Inte rnal Affairs of Ukraine
     Administration in Kyiv




                                                                                            7
                                                                        ANNEX No 4



Confidential telephone of the Ministry of Internal Affairs of Ukraine and

Main Administration of the Ministry of Internal Affairs Administration in
                               regions


№              Name of subdivision               Confidential telephone

1       the Ministry of Internal Affairs of          (044) 256-16-75
                     Ukraine


      Department of struggle against crimes          (044) 254-76-04
2
         connected with trading people           (from 16 till 20 o’clock)

       Department of struggle against illegal
3                                                    (044) 289-13-24
                   drug trade
         Inte rnal Security Service of Main
        Administration of Struggle against
4                                                    (044) 256-16-75
        Organized Crime of the Ministry of
            Inte rnal Affairs of Ukraine
      Main Administration of the Ministry of
5                                                    (0652) 25-50-00
     Inte rnal Affairs of Ukraine in AR Crimea

        The Ministry of Internal Affairs of
       Ukraine Administration in Vinnytsya
6                                                    (0432) 59-33-21
                     Region

       The Ministry of Internal Affairs of
7    Ukraine Administration in Volyn Region          (03322) 4-54-12

        The Ministry of Internal Affairs of
           Ukraine Administration in                (0562) 41-52-65,
8
            Dnipropetrovsk Region                          41-54-66

      Main Administration of the Ministry of
9     Inte rnal Affairs of Ukraine in Donetsk       (0622) 301-80-69
                       Region
        The Ministry of Internal Affairs of
       Ukraine Administration in Zhytomyr
10                                                   (0412) 40-73-50
                       Region

        The Ministry of Internal Affairs of
11    Ukraine Administration in Zakarpattya          (03122) 3-21-44
                     Region

                                                                                 8
       The Ministry of Internal Affairs of
     Ukraine Administration in Zaporizhzhya
12                                            (0612) 39-83-78
                    Region

       The Ministry of Internal Affairs of
       Ukraine Administration in Ivano-
13                                            (03422) 3-24-13
              Frankivsk Region

     Main Administration of the Ministry of
14    Inte rnal Affairs of Ukraine in Kyiv    (044) 272-19-59
                     Region

     Main Administration of the Ministry of
15                                            (044) 272-53-00
      Inte rnal Affairs of Ukraine in Kyiv
      The Ministry of Internal Affairs of
     Ukraine Administration in Kirovohrad     (0522) 24-32-53
16
                   Region                            24-73-47

        The Ministry of Internal Affairs of
       Ukraine Administration in Luhansk
17                                            (0642) 52-45-95
                     Region

       The Ministry of Internal Affairs of
18   Ukraine Administration in Lviv Region    (0322) 78-26-10

       The Ministry of Internal Affairs of
                                              (0512) 49-83-09
     Ukraine Administration in Mykolayiv
19                                                   49-83-10
                      Region
                          .
     Main Administration of the Ministry of
                                                  (0482)
20    Inte rnal Affairs of Ukraine in Odesa
                                                 28-20-43
                      Region
       The Ministry of Internal Affairs of
       Ukraine Administration in Poltava
21                                            (0532) 51-77-57
                      Region

       The Ministry of Internal Affairs of
22   Ukraine Administration in Rivne Region   (0362) 26-39-81

       The Ministry of Internal Affairs of
23    Ukraine Administration in Sevastopol    (0692) 54-02-54

       The Ministry of Internal Affairs of
24   Ukraine Administration in Sumy Region    (0542) 28-36-22

       The Ministry of Internal Affairs of
       Ukraine Administration in Ternopil
25                                            (0352) 52-67-15
                    Region




                                                                9
         Main Administration of the Ministry of
    26   Inte rnal Affairs of Ukraine in Kharkiv               (057) 705-93-33
                          Region
           The Ministry of Internal Affairs of
                                                               (0522) 22-58-15
           Ukraine Administration in Kherson
    27                                                                44-60-02
                          Region
                                                                      28-60-22
         The Ministry of Internal Affairs of
       Ukraine Administration in Khmelnytskyi
    28                                                         (0382) 69-24-82
                      Region

           The Ministry of Internal Affairs of
          Ukraine Administration in Cherkasy
    29                                                         (0472) 37-27-18
                        Region

           The Ministry of Internal Affairs of
          Ukraine Administration in Chernivtsi
    30                                                         (0372) 52-42-24
                        Region

           The Ministry of Internal Affairs of
          Ukraine Administration in Chernihiv
    31                                                         (0462) 61-97-00
                        Region

           The Ministry of Internal Affairs of
    32    Ukraine Administration on transport                  (044) 567-19-87

                                                                                 ANNEX No 5

     Structure and addresses of organs of Procuracy in Kyiv and
                     Procuracy of Kyiv Region

№                 Name of organ                         Address              Telephone

1   Procuracy of Kyiv Region                       01133, Kyiv-133,
                                                   Lesya Ukrayinka
                                                   Boulevard, 27/2
2   Procuracy of Kyiv                              03151, Kyiv-150,      (044) 524-82-62
                                                   Str. Predslavynska,
                                                   45/9
3                                                  03150, Kyiv,          (044) 220-82-32
    Procuracy of Holosiyivskyi district of Kyiv    Str. Antonovycha,
                                                   39
4   Procuracy of Darnytskyi district of Kyiv       02160, Kyiv, Str.     (044) 552-60-04
                                                   Kaunaska, 3-v

5   Procuracy of Dniprovskyi district of Kyiv      02094, Kyiv, Str.     (044) 573-22-02
                                                   Lebedyeva, 14

6   Procuracy of Desnyanskyi district of Kyiv      02225, Kyiv, Str.     (044) 545-50-05
                                                   Kashtanova, 9

                                                                                           10
7   Procuracy of Peche rskyi district of Kyiv        01133, Kyiv,                  (044) 290-24-54
                                                     Lesya Ukrayinka
                                                     Boulevard, 27/2
8   Procuracy of Podilskyi district of Kyiv          04071, Kyiv, Str.             (044) 463-58-58
                                                     Kostyantynivska,
                                                     19-b
9   Procuracy of Obolonskyi district of Kyiv         04210, Kyiv, Str.             (044) 418-63-02
                                                     Layosha Havro, 16-
                                                     а
10 Procuracy of Svyatoshynskyi district of           03148, Kyiv, Str.             (044) 478-30-27
   Kyiv                                              Hnata Yury, 9


11 Procuracy of Solomyanskyi district of Kyiv        03124, Kyiv, Str.             Contact telephone
                                                     Heroyiv                       number:
                                                     Sevastopolya, 3а               tel:484-23-04
                                                                                   Address :
12 Procuracy of Shevchenkivskyi district of          04053, Kyiv,                  (044) 216-26-58
   Kyiv                                              Bekhterivskyi lane,
                                                     10

13 Transport Procuracy of Dinstrovskyi               04070, Kyiv,           Str.   (044) 416-83-96
   district of Kyiv                                  Illinska, 16


14 Nature protection Procuracy of Kyiv               01004, Kyiv, Str.             (044) 227-60-72
                                                     V.Vasylkivska, 38

15 Transport Procuracy of Kyiv                       01033, Kyiv,                  (044) 220-82-49
                                                     Str. Volodymyrska,
                                                     86
                                                                                              ANNEX No 6


                                         To Procuracy of _________________________ district of Kyiv
                                                              (city district )


                                         Copy:
                                         S tate Committee for Nationalities and Religion
                                         Str. Volodymyrska, 9, Kyiv, 01025
                                         tel. 502-68-96
                                         e-mail: mail@scnm.gov.ua

                                         citizen ___________________________________________
                                         _________________________________________________
                                         address: str. _______________, build. ______, apt. ________,
                                         Kyiv, postal code____________________________________
                                         tel. +3 8 0__________________________________________



                                     COMPLAINT
                           of decision to refuse in initiating
             under Article 99¹ of the Criminal Procedure Code of Ukraine

                                                                                                        11
I, ___________________________, citizen __________________________________,
     (surname, name, patronymic)                                                (country of origin)
___________________year 200_ fell a prey to illegal actions, namely:_____________
(time and date of crime)                                       (what the actions are, for example, beating, robbery )
______________________________________________________________________
I notified of the attack in written __________________________ to_______________
                                                          (time and date of notification)             (indicate district)
district department of Main Administration of the Ministry of Internal Affairs of Ukraine in
Kyiv and following Articles 94, 95, 97 of the Criminal Procedure Code of Ukraine, I
requested:
       1) to consider statement and initiate a criminal case.;
       2) to issue certificate of loss of documents for receiving duplicates;
       3) to notify interested party of a decision taken in written.
However, ___________________________I was refused in initiating of a criminal case
          (day, month, year of receiving Decision)
based on articles ________________of the Criminal Procedure Code of Ukraine.
           (articles indicated in Decision of refusal)
I consider refusal groundless, being taken without keeping requirements of Article 22 of the
Criminal Procedure Code, to wit, without thorough, full and objective inquiry and taking into
consideration the aforesaid, and following Articles 99, 99¹ of the Criminal Procedure Code of
Ukraine, I

                                                         REQUEST:
1.        To consider complaint
2.        To annul the decision of refusal to initiate a criminal case
3.        To notify interested party of decisions taken in written.

                                             Annex:
Copy of decision to refuse in initiating of a criminal case of ________________________
                                                                                                  (date)

Citizen _________________                                                        ________________________
                                                                                (signature of interested party and date )




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