Clarification on the procedure for obtaining by individuals information on criminal liability, absence (presence) of criminal record or restrictions provided for by the criminal procedural legislation

The Order of the Ministry of Internal Affairs of Ukraine dated 30.03.2022 № 207 “Some issues of keeping records of information on bringing a person to criminal responsibility and the presence of a criminal record”, registered in the Ministry of Justice of Ukraine under № 425/37761, 426/37762 of 15.04.2022, approved the Regulation on information and analytical system “Accounting for information on bringing a person to criminal responsibility and the presence of a criminal record” and Procedure for access to information of the information and analytical system “Accounting for information on bringing a person to a criminal trial responsibility and the presence of a criminal record” (hereinafter referred to as the Procedure).

This order recognizes as invalid the order of the Ministry of Internal Affairs of Ukraine of 29.11.2016 No. 1256 “On the organization of access to personal and reference accounting information of the unified information system of the Ministry of Internal Affairs of Ukraine”, registered in the Ministry of Justice of Ukraine on 10.01.2017 under No. 22/29890 (with amendments).

The procedure establishes that information on criminal prosecution, absence (presence) of criminal record or restrictions provided for by the criminal procedural legislation of Ukraine is provided in the form of extracts from the information-analytical system “Accounting for information on bringing a person to criminal responsibility and the presence of criminal record” (hereinafter — IAS).

An extract is a document in paper or electronic form, generated by the IAS software, which contains information relevant to the date and time of its formation. Each Extract is assigned a unique electronic identifier (QR code), which provides a link to the corresponding confirmation record in the electronic resources of the IAS (a sample extract is attached).

At the request of the applicant, two types of Excerpts are formed in the IAS about: absence (presence) of criminal record (abbreviated); prosecution, absence (presence) of criminal record or 
restrictions provided for by the criminal procedural legislation of Ukraine (full).

You can order an extract in electronic form at https://vytiah.mvs.gov.ua.

An extract made in electronic form shall be certified by the electronic seal of the Unified Information System Service of the Ministry of Internal Affairs (hereinafter referred to as the EIS Service of the Ministry of Internal Affairs) and shall be sent to the e-mail address specified by the applicant.

Please note that today it is possible to receive an extract in paper form at the EIS service of the Ministry of Internal Affairs (Department of Informatization) at the address: ul. Akademika Bogomolets, 10, m. Kyiv, transit Ministry of Internal Affairs, office No. 7. 
To receive the Extract in paper form, the Applicant must personally submit a request in paper form, present a document certifying his identity and provide a copy of it. The representative shall, at the time of application, produce a document certifying his identity, a document authorizing him to represent the applicant's interests and provide a copy of it, and a copy of the document of the person he represents.

An official of the EIS service of the Ministry of Internal Affairs at the remote access workplace prints the Extract on A4 sheets of paper format (210 x 297 millimeters) without the use of special forms. If the information provided in response to the request contains two pages, the second page is printed on the back of the sheet.

The printed Extract shall be signed by the Deputy Head of the EIS Service of the Ministry of Internal Affairs in accordance with the distribution of functional duties (or by the person who performs his duties, sealed by that subject and issued to the Applicant.

Responses to requests submitted in paper form are provided within 10 working days.

In exceptional cases, when the preparation of the Extract requires additional verification of the information, the answers to the requirements shall be provided within 30 calendar days.

The legitimacy of the Extract can be checked through the official website of the Ministry of Internal Affairs, or using the service service of the Unified Information System of the Ministry of Internal Affairs, in the form of an application software interface, the Unified State Web Portal of Electronic Services, or the electronic cabinet of a citizen.

Applications:

Appendix 2 to the Procedure for access to information of the information and analytical system “Accounting for information on bringing a person to criminal responsibility and the presence of a criminal record” (clause 2 of section IV): REQUEST for receipt of an extract on criminal liability, absence (presence) of criminal record or restrictions provided for by criminal procedural legislation by Ukraine - DOWNLOAD

 

Appendix 3 to the Procedure for access to information of the information and analytical system “Accounting for information on bringing a person to criminal responsibility and the presence of a criminal record” (clause 7 of section IV): EXCERPT FORM from the information-analytical system “Accounting for information on bringing a person to criminal responsibility and the presence of a criminal record” - DOWNLOAD