Article 18. Procedure for applying security measures

Bodies that perform pre-investigation check, inquiry, preliminary investigation; a prosecutor; a court, after receiving an application (a notification) on a threat of homicide of a person indicated in Article 4 of this Law, of violence against her, destruction or damage to her property, or on any other dangerous illegal act, shall check such application (notification) and within three days, while in cases where time is of essence — immediately, adopt a resolution (order) on application of security measures in relation to her, or on rejection to apply such measures. Resolution (order) on the day of its adoption shall be sent to a body that provides security measures for enforcement, as well as to a person in relation to whom such resolution (order) has been adopted.

Resolution (order) on application of security measures, or on rejection to apply such measures, may be appealed through a superior body, prosecutor or court. An appeal shall be subject to consideration during twenty four hours after its submission.

A body providing security measures shall select necessary security measures stipulated by this Law and shall determine methods of their application. A protected person shall be provided with prescriptions, which are mandatory for observance for the sake of her security. On request of a protected person changes can be made to prescriptions, but only subject to approval of a body providing security measures.

Adopted security measures shall not infringe housing, labour, pension and other rights of protected and other persons.

Selected security measures, their changes, amendments, and results of application of the said measures shall be communicated by a body providing security measures to a body that performs pre-investigation check, inquiry, preliminary investigation, a prosecutor or a court, which are responsible for proceedings on application (notification) on a crime or for a criminal case; while in case of removing a security threat in relation to a protected person, such body requests cancellation of security measures.

If necessary, a body providing security measures shall sign with a protected person agreements in written form on terms and conditions of application of security measures, on mutual responsibilities, and on mutual liability of the Parties.

Application of security measures in relation to minors or persons who due to their physical or psychological conditions are deprived of a possibility to independently exercise their rights and interests shall be implemented with involvement of their legal representatives. Legal representatives shall have the same rights as individuals represented by them, within the limits specified by this Law.