According to the initiators, electronic monitoring will be implemented for the purpose of remote tracking of both the offender's and the victim's location, as well as to ensure compliance with the terms of the temporary protection order. This function will be carried out by authorized bodies, such as the Ministry of Justice and the Ministry of Internal Affairs.
Conditions for the Application of Electronic Monitoring
Electronic monitoring may be applied in the following cases:- by decision of the authorized internal affairs body;
- by court decision in a case of an offense.
The court may impose electronic monitoring when establishing the following prohibitions:
- prohibition on any contact with the victim;
- prohibition on stalking;
- prohibition on possession of weapons, and in case of possession – temporary confiscation;
- restrictions on location;
- other measures for the protection of the victim.
The duration of electronic monitoring may be up to three months.The establishment of monitoring will be coordinated with the affected party, except in cases where it is necessary to protect their interests or prevent a threat.
Monitoring will be carried out after the offender has served the primary punishment through the application of electronic monitoring devices.
Once the court decision comes into effect, it will be sent for execution to the following bodies:
- to the Ministry of Internal Affairs for monitoring compliance with restrictions through electronic monitoring;
- to the Ministry of Justice for the implementation of other measures ordered by the court.
Reasons for Imposing Monitoring Measures
The use of electronic monitoring devices is possible for individuals with a high risk of recidivism or in cases of established stalking. This is carried out with the consent of the affected party, and if the victim is a child or a person with a disability, consent must be obtained from a legal representative.In this case, the coordination of restricted areas is mandatory, except in cases of threats to the life or health of the victim.The responsible person from the Ministry of Internal Affairs makes the decision to apply electronic monitoring and notifies the monitoring center within 24 hours. The center, in turn, is responsible for overseeing the execution of the decision and activating the technical means.
The court order for the application of an electronic bracelet must contain:
- Full name of the offender;
- Full name of the victim;
- Type of technical device;
- Duration of the measures;
- Areas of monitoring and prohibition;
- Imposed prohibitions or restrictions.
Electronic monitoring using an electronic bracelet is carried out through constant tracking of location with data transmission to the monitoring center, as well as recording attempts to remove or damage the device.
Mobile electronic monitoring includes:
- periodic location checks;
- remote biometric identification throughout the day;
- recording attempts to interfere with the operation of the system.
In the absence of an electronic bracelet, mobile monitoring is applied.
Responsibility for Violating Monitoring Conditions
Violations of the conditions of electronic monitoring include:- crossing a prohibited area;
- attempting contact with the victim at a distance closer than permitted;
- intentional interference with the operation of the device;
- refusal of biometric identification.
Individuals who violate the conditions will be held accountable according to the Code of Offenses.
Additional Conditions and Features of Monitoring
If the offender seeks emergency medical assistance, they or their representative must immediately notify the monitoring center and the Ministry of Internal Affairs about the application of electronic monitoring, except in cases of force majeure.The functions of electronic monitoring may be transferred between various state bodies by mutual agreement.
Issues not covered by this procedure will be regulated by internal acts of the relevant bodies.
