As part of the initiative, it is proposed to carry out electronic monitoring of the location of both offenders and victims, as well as to monitor compliance with the conditions of temporary protection orders through authorized bodies in the field of justice and internal affairs.
Conditions and Grounds for Applying Electronic Monitoring
Electronic monitoring can be introduced under the following conditions:- by decision of the authorized body in the field of internal affairs;
- by court decision issued following the consideration of a case of an offense.
The court may impose electronic monitoring when one or more of the following prohibitions are introduced:
- prohibition on contact with the victim;
- prohibition on stalking;
- prohibition on the possession and use of firearms, pneumatic, or gas weapons with the possibility of temporary confiscation;
- restriction on being in certain areas;
- other measures aimed at protecting the victim.
The court may also set the duration of electronic monitoring for up to three months.The application of electronic monitoring must be agreed upon with the victim, provided it does not threaten their safety.
Monitoring compliance with the measures will be carried out after the imposition of the main penalty on the offender.
After the court decision comes into force, it will be sent to the following state bodies:
- to the internal affairs bodies for monitoring compliance with prohibitions and restrictions;
- to the justice bodies for the enforcement of the measures ordered by the court, except for prohibitions on the possession of weapons and other measures concerning the safety of the victim.
Criteria for Applying Control Measures
Monitoring compliance with the conditions of the temporary protection order will be carried out concerning individuals with a high risk of reoffending or in the presence of stalking facts.The application of measures must be coordinated with the victims and their legal representatives if the victims are children or persons with disabilities.
At the same time, territorial restrictions must also be agreed upon if possible. In case of a threat to the victim's life, coordination is not required.Authorized personnel from the internal affairs bodies will make a decision on the application of electronic technical monitoring means within 24 hours after it is issued.
The monitoring center will ensure control over the enforcement of decisions, and after its establishment, the internal affairs bodies will activate technical means.
The court decision on the application of an electronic bracelet must specify the following details:
- the name and surname of the person who committed the violence;
- the name and surname of the victim;
- the type of electronic monitoring device used;
- the duration of the measures;
- the territory subject to monitoring;
- the territory on which a prohibition is imposed;
- the established restrictions.
Electronic monitoring using an electronic bracelet will be ensured through continuous tracking of location and data transmission to the monitoring center, as well as recording attempts to interfere with its operation.
Mobile monitoring is carried out through:
- periodic location confirmation;
- remote biometric identification;
- registration of any attempts to disable or block the application.
Priority will be given to the electronic bracelet, and in its absence, mobile monitoring will be used.
Responsibility for Violating Monitoring Conditions
Violations of the conditions of electronic monitoring include:- crossing a prohibited area;
- approaching the victim closer than the established distance;
- intentional actions to disable or damage the device;
- refusal of biometric identification.
Individuals who violate the established restrictions are subject to liability under the Code of Offenses.
Additional Conditions and Aspects of Monitoring
If the individual who committed the violence requires emergency medical assistance, they or their legal representative must notify the monitoring center and the internal affairs bodies, except in cases of force majeure.The functions of electronic monitoring may be transferred to monitoring centers of other state bodies by mutual agreement.
Issues not covered by this procedure will be regulated by departmental acts of the authorized bodies.
