Analysis of MPAs "test purchases" carried out by the Presidential Administration (BA) on behalf of the Guarantor of the Constitution Viktor Yanukovych Questioning every action "overseers" of the police or the Administration of the President can and should be. And the literacy "overseers" of their very upset. There is an instruction AIM, SBU i Державної податкової адміністрації Ukraine від 30 leaf N 2001 roku 1065, extra. / 307 extra. / 482 Doc. "About zatverdzhennya Інструкції about the order of оперативної закупівлі that kontrolovanogo postachannya предметів, товарів, rechovin have to числі zaboronenih to обігу have фізичних that юридичних осіб, Square від forms власності.
Everyone should know that any TV show "overseers" must have a legitimate reason. And test purchases - not the exception. We must immediately find out whether the right of officials (even from the AP) to conduct such purchases? We all need to question. Open article. 11 "Rights of the militia of the Law of Ukraine" On Militia "from 20.12.1990, N 565-XII. It is a list of rights that can only lead to envy. But the phrase "test purchases" are not there. It turns out that the Act does not have the right to police and an official is to carry out such procurement. Open the Law of Ukraine "On State Tax Service of Ukraine" from 12.04.1990, N 509-XII. In its search for the unknown words end with the same zero result. "So," Tax "and the police have no right to conduct test purchases?" We have a special Law of Ukraine "On operative-search activity" from 02.18.1992, N 2135-XII (further - the Law "On ARfD), in Art. 8 of which the present and the phrase. For example, Clause 2 of Part 1 of article. 8 found that the operational units (and only!) Performing operational-search activity in the presence of under Art. 6 of the Act provides grounds for the right to conduct monitoring and operational procurement and supply of goods (speech defect, but was prescribed in the Law of People's Deputies) with a view to identifying and documenting evidence of wrongful acts. This formulation of the rule - with the use of the term "operational procurement" - appeared in the Law "On the ARfD" only in 2001. Prior to that (in its old wording) in paragraph 2 of part 1 of article. 8 attended only the term "test purchases". Why do some MPs feel the need to introduce yet another new term "operational procurement" in our contradictory legislation and paragraph 2 issued frankly careless in terms of legal technique. If you read through the above point to the end, we can certainly conclude that the authors would like to fix this norm of the Law "On the ARfD, two new terms -" operational procurement "and" controlled delivery ". But with the stylistics not happened ... Returning to the topic. In order to ease and accessibility of the material we use in the Statement of terms used in the Administration of the President "test purchases", although it would be better to talk yet about the purchase of "operational". So, test purchases under the Law "On the ARfD" have the right to conduct, not all who want it, but only units within the operational-search activity. These include the operational units of the Interior Ministry, Security Service, Border Guards, State Guard, the tax police, the State Department for Execution of Punishment and the Defense Intelligence agency. This list - an exhaustive (Article 5 of the Law "On ARfD). Of the rules item. 8 of the same Act, it follows that the reason for the purchase of control is not the desire of individual operatives earn extortion and fraud, but quite another, under Art. 6 of the Law "On the ARfD. It is an exhaustive list of reasons, among which are the closest to the topic are provided for par. 2 and 3 of paragraph 1 of Article. 6 of the Law "On the ARfD. This is sufficient information collected in the manner prescribed by law and should be tested using the operational-search measures and means of:
• - crimes that are being prepared or committed by unidentified persons;
• - faces, preparing or committing a crime.
Thus, it is time to take an intermediate conclusion. Test purchases - this is not banal checkout action and not a PR show. Test purchases - it Tracking measure, applicable only in the context of the search operations pursuant to the Law "On the ARfD. And to conduct such activities in the absence of grounds under Art. 6 of the Act, is prohibited on that directly shows part 3 of this article. Quote: "Do not make a decision on conducting search operations in the absence of the grounds provided for in this article. Perhaps, for many officials and President Viktor Yanukovych, without studying the law professionally, this turn of events would be a surprise. Judging from the action, this will be a revelation for employees operating subdivisions of the Interior Ministry, prosecutors and courts, which can look at this law. Moreover, according to Art. 9 of the Law "On the investigative" in each case there were grounds to conduct operative-search activity of the plant operational-search business. Without its institution conducting search operations are prohibited. Obtain the final conclusion of the analysis - without the institution operatively-search case holding the control (operational) procurement is illegal.
What we have in practice. With well-established lack of control and the impunity of modern operatives control (operational) procurement of them tries to hold only lazy. Particularly suffer from those who can not or will not or can not "fight back" or afraid or wants to pay off a bribe. The operatives of such citizens are "love". And this combination of helplessness or powerlessness of some of impunity and criminal arrogance of others is a breeding ground for massive abuses of workers and the Ministry of Internal Affairs and STS in this case, the Presidential Administration, headed by the Guarantor. Most of the ongoing "control (operational) procurement" lawfully carried out very little. Acquainted with the material of an ordinary citizen should be clearly understood - almost certainly people who proudly rumble identity operatives after the control (operational) procurement, had no legal grounds for its implementation, and operational and investigative matters not yet in sight. In rare cases, the citizens really are operational-search activities in connection with verifying the information received about a forthcoming or her crime (which is a crime under the Penal Code, rather than administrative misconduct). It should be gently and politely to show their awareness that the conduct of the control (operational) procurement of evidence of the conduct of preliminary investigation against you. And since there is no certainty that this ARfD is on the grounds provided by law, then immediately sit down to write the two complaints. One is sent to the Office for Combating Corruption in the Security Service (in the case of extortion, bribery) or in the Office of Homeland Security - OHS. The second is sent to the prosecuting authorities. In both complaints, describing what had happened and giving an independent legal analysis of the situation, should be asked to give a legal assessment of the actions of operational personnel who tried to search actions against you or your family (you need to build on the specific situation). And do not be afraid. We must be prepared to hear the threats, such as "if we want, then flip." Police officers, along with the prosecution and the court will immediately make a lot of procedural errors, they need urgently to find at least some violations that "backdated" to justify its provocation, given the envisaged to have an internal investigation after your warning. But every aggression or pressure to try to politely and confidently put out his constitutional rights.
The consequences of using this method since the opposition control (operational) procurement can be grouped as follows:
1. The complete silence of the Anti-Corruption Ministry of Internal Affairs or the Security Service (or UVB), and prosecutors.
2. Responses from the Office for Combating Corruption (or UVB), and the prosecution of that, the complaints are checking the facts contained therein.
3. A prosecutor of the legality of activities.
In this case, you should seriously think about the answer to the prosecutor's office, to establish a permanent relationship with a lawyer and be prepared to continue provocations.
That is the minimum required, which should know to develop the right attitude to operational staff, conducting control (operational) procurement
Control, operational procurement or operational experiment - this is not ordinary, being conducted by passing the prevention, the verification operation. This - Tracking the measure (Clause 2 Part 1, Article. 8 of the Law "On the ARfD), the grounds for the application of which is strictly established art. 6 of the Act and applied by the institution without operative-search business is prohibited (Part 3. 9 of the Law "On the ARfD).
A typical system errors and operatives Bereznegovatskogo police department in the conduct and design of operational procurement.
1. Lack of sufficient grounds. Grounds falsified.
In accordance with the Law of Ukraine p1.st.6 ot18.02.1992 N 2135-XII «on Operative Investigation Activity" (hereinafter - the Law on ARfD) Operational procurement conducted by a reasoned decision, which is approved by the head of the authority conducting investigative. In the materials investigated the criminal case this order is present, however, is formal and unmotivated or false nature.
Operative-search case "Koropchuki" culled false official reports, intelligence memoranda with misinformation or statements from fictitious people. These falsifications involved operatives Khadyka AV, Khokhlov, "sekretchik" Surma.
The Decree № 270 of 20 August 2009 for an operational procurement states: "Chernjuk OY, systematically engaged in drug trafficking of opium poppy, which is confirmed by the results of search activities. However, the list of MPAs in the order is given. Moreover, it became clear that the statements of the alleged agents and staff report - written by fake hands operatives themselves. Later, during a judicial investigation under the audio and agents and employees of the court rejected the information, allegedly written on their behalf. This apparent imitation of stormy intelligence work, created the appearance of awareness. Agential ballast hand operative gave information, but in court she was not confirmed. Three searches of the suspect yielded zero results. Nothing. The European Court of Human Rights (henceforth - ECHR) has clarified that the law enforcement agencies should provide concrete evidence of criminal activity, were the basis for MPAs, a reference to the operational sources as evidence not considered, much less on false or fictitious.
Rss and fast and well coordinated work of detectives and sekretchikov "Bereznegovatskogo RVVS and sekretchikov" the police department in the Mykolaiv region by entering false information from the agents' notes and reports without verifying their information base in the security forces. Too simply poured misinformation. The number of suspects entered the regional level.
The Criminal Code criminalized the following types of forgery of documents:
Art. 356 Arbitrariness,
Art. 364 Abuse of power or position,
Art. 365 Abuse of power or official authority,
Art. 366 Private forgery,
Art. 367 negligence.
Also, fraud is one of the essential characteristics of the objective side of other elements of crimes (Article 371 as 372, 373, 374, 375, etc.). Thus, Art. 383 of the Criminal Code (false report of a crime ") to the qualifying characteristics of the crimes are the artificial creation of evidence charges.
For example, with affection and admiration read as agents, buyers Onishuk and Voronin were introduced in a criminal group "Karapchuki" (fictional). How they risked their lives are embedded and zalegendirovannye, extracting valuable information about the supply of opium and heroin and Afghanistan under the strict guidance of their supervisors Khokhlova Khodyko and not without the participation of "sekretchika" Surma transmit it deceived the superior command of the militia (or may not deceived). The men are invisible front pay, rank, awards with a sense of accomplishment.
But the wily defender to pair with the defendants arranged for both agents cross-examination in the courtroom. Agent Onischuk immediately rejected the testimony given at the pretrial investigation and expressly stated that he had sold cannabis another police agent "X". Similarly, the names do not know, but it certainly is not the defendant Chernjuk. Agent Voronin, who is on a light green car "Chevrolet Aveo" BE 0237 AE Onishchuk brought to the village knows the name and residence of the agent "X". Knows and Khadyka with Khokhlov, but the fugitive criminal. And in the case file, he never appears.
Interrogate the agent Voronin in court failed. As soon as the judge Yavorskaya NI I saw that the case falls in his eyes, then took immediate Uhvalu classify agent Voronin (his real name), ostensibly to zabespechit his safety and did not give opportunity to question him in court and defense counsel and defendants, by removing both of the courtroom, setting the trial status "closed". Voronin defender spoke before the meeting, it is fairly well-known young police officer in Bereznegovatskom police department. Voronin tried unsuccessfully to buy drugs from 18.09.2009, the counsel in his home. This was unsuccessful operational procurement № 2.
"Uncle Yura, sell opium or heroin.
"I'm not interested.
"And in false denunciations written that do."
"They're lying people.
"These people are not lying, they are police officers."
About this dialogue took place with a policeman Voronin September 18, 2009 in my backyard. Nearby stood a group of capture in: Number of 5 people.
Judge Yavorskaya NI questioned Voronin, then about 40 minutes edited text of his responses to her questions. There is an audio recording of questions and answers without the participation of counsel and the defendant. The time will come and will be mapped to an audio recording answers Voronin and edited by the judge Yavorskaya responses recorded in the minutes of the hearing.
Even in these responses Voronin has abandoned its earlier data readings. Confirmed that the provocation was unsuccessful crimes. Ask questions, who made him participate in the misconduct failed. "Superfluous" people in that day to the agent is not allowed, even defense counsel in a criminal case not to ask too many questions. Voronin as he worked in the police department and works and no one was not threatened, but his father-commanders.
This criminal group "Koropchuki" created from the police as agents of drug and traded products. Well, that alert teachers in secondary school were able to find a cache of cannabis at the school. Teachers have reported finding a large cache of drugs to the police, but police had not opened a criminal case, hemp awarded. A suspected "koropchukov" otmazala, they can see whether the "roof" in the regional police department with big stars on their epaulettes.
2. Personal inspection of the purchaser before the purchase and after being 30 km from the point of purchase and the purchase is carried out after 2 hours after the inspection. Where he remains unknown.
3. The issuance of the purchaser money. By mistake operas Khadyka marked money to different modifications "Promin-1" and was wandering. Further examination confirmed this.
4. Inspection of transport used in the purchase of a light green car "Chevrolet Aveo" BE 0237 AE was not performed. Sami write instructions themselves are violating.
When an MPA used vehicles, in the case file should be the protocol of the examination (or inspection) of transport. The absence of a car of drugs or money, as reflected in the protocol eliminates the probability of a purchaser of drugs in the car and confirm their purchase from traffickers. The operatives claim that this is a service machine. This is a lie.
In all four operational procurement inspection of transport is conducted.
5. There were four operational procurement. Resolution is only one. No decision on an operational procurement, it is a serious and unavoidable violation.
6. Police officers often can not distinguish the difference between the operational procurement, verification and control. Simulates holding an event, and draw up another. Or maybe it intentionally. Is a substitution events.
7. Uninterested witnesses are actually paid agents of the police. Also, one of the witnesses tried to throw a drug scandal during the search. But the provocation was stopped in time.
8. Provocation crime. Agent Provocateur comes and asks or begs him to buy heroin or something else. Being rejected, imitates the purchase of drugs and gives operatives.
9. Immediate fixation of the fact of operational procurement is carried out by the protocol on the monitoring of what is happening. In court testimony of the investigation "observers" fundamentally diverge. This indicates that the simulated purchases.
The list (incomplete) operational service documents during the operational procurement:
1. A cover letter (message);
2. Motivated by a report on the operations staff available operative information substantiating the request to the operations manager for the authorization to conduct operational procurement;
3. Decision to conduct operational procurement, issued by a competent director (and not acting Acting).
4. Issuance of banknotes from the cash police department, and then given to the bank for safekeeping.
5. Photocopying of notes, tagging luminescence, logging, with 2 witnesses.
6. Protocol inspection "buyer" before the MPAs.
7. Minutes of inspection of vehicles used to conduct OPM "Operational Procurement
8. Protocol inspection and delivery of funds and technical devices with enclosed photocopied money.
9. Act a report on the behavior of operational procurement.
10. Protocol inspection "buyer" after the MPAs.
11. Minutes of inspection of vehicles used to conduct OPM "Operational Procurement
12. Protocol inspection and delivery of funds and technical devices with enclosed photocopied money.
13. Report on holding of MPAs.
14. The report of the discovery of a crime.
15. Resolution of presenting the results of investigative inquiry, the body of inquiry, the investigator, prosecutor, in court.
16. Resolution on the disclosure of information constituting a state secret, and their carriers.
17. Protocol personal search "traffickers" and seizure of objects and substances.
18. Minutes of searching the vehicle after the OPM "operational procurement" (if used vehicles).
19. Explanations of the witnesses, "the buyer" (a report), "traffickers".
20. The ratio (direction to the study) for future evidence.
21. Other operational and office documents.
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