Date of Entry into Force:

January 1, 1991

 

The Law of Ukraine “On Militia” defines militia as state armed body of executive power. It is created for protection of life, health, rights and freedoms of citizens, property, environment, interests of society and state from illegal infringements.

 

Militia consists of the following subdivisions:

• criminal militia;

• militia of public security;

• local militia;

• transport militia;

• state automobile inspection;

• safeguard militia;

• court militia;

• special militia.

 

Militia submits to the Ministry of Internal Affairs of Ukraine. The Minister of Internal Affairs of Ukraine is in charge of all militia departments. Material and technical provision of militia shall be financed from the State and local budgets as well as from funds allocated from ministries, enterprises, establishments, organizations and citizens.

 

To militia service shall be taken on contractual basis the citizens capable to perform assigned to militia duties by their personal, business and moral traits, educational level, physical and health condition. Persons having previous convictions shall not do militia service.

 

            The Law sets militia's rights and duties. In particular, militia shall:

• uncover, prevent, stop and disclosure crimes;

• ensure citizens' safety and public order;

• find the persons who hide from bodies of inquest, investigation and court, avoid criminal responsibility, persons who are missing;

• protect, convoy and keep apprehended persons and persons under arrest.

 

In particular, militia shall be entitled to:

• demand from citizens and officials who violate public order to stop crimes and actions which prevent militia from performing its authorities;

• to check citizens' documents which certify their personality in case of crime commitment suspension.

 

Simultaneously, the Law sets conditions and cases when militia men shall apply:

• measures of physical influence;

• special means (handcuffs, rubber batons, binding means, lachrymatory substances, light-sound distractive equipment, equipment for opening premises and forced transport stops, water throwing devices, armored cars and other special transport vehicles, also war-dogs);

• fire-arms.

 

Thereto the Law emphasizes that militia man shall use fire-arms only as extraordinary measure. It shall be used in the following cases:

• for detention of person who is caught committing serious crime and tries to run away;

• for detention of person committing armed resistance;

• for stopping transport vehicle by its damage, if driver's actions create danger to life or health of citizens or militia officer.

 

The Law determines peculiarities of legal and social protection of militia men. Simultaneously obligatory state insurance is set. Its sum is equivalent to ten-year monetary support based on salary received at the last position a militia man occupies.

 

Militia's activity shall be controlled by:

• the Cabinet of Ministers of Ukraine;

• the Minister of Internal Affairs of Ukraine;

• local councils.

 

Thereto local councils shall control militia's work only within their authorities without interference in its operative searching, criminal-procedural and administrative activity. 

 

Supervision over legitimacy of militia's activity shall be carried out by Office of Public Prosecutor of Ukraine.

 

 

Summary is prepared by Yaroslav the Wise Institute of Legal Information.
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