The main goal of this measure is to ensure remote monitoring of the location of both the aggressor and the victim, as well as to monitor compliance with the conditions of the temporary protection order, which will be carried out by competent authorities in the field of justice and internal affairs.
Conditions and Grounds for the Application of Electronic Monitoring
Electronic monitoring may be introduced in the following cases:- by decision of the authorized internal affairs body;
- by court decision issued following the investigation of the offense.
The court may impose electronic monitoring in cases where the following restrictions are established:
- prohibition on any contact with the victim;
- prohibition on stalking;
- prohibition on possession and use of weapons, with possible confiscation;
- location restrictions;
- other measures for the protection of the victim.
The court may set the term of electronic monitoring for up to three months.In this case, the victim's consent to the establishment of monitoring is mandatory, except in cases where it is required to protect her rights and interests or to prevent a threat to her life.
Prohibitions and restrictions will be applied after the main punishment has been served, when the internal affairs body establishes electronic monitoring means.
The court's decision on the application of an electronic bracelet will be sent to the following bodies:
- to the internal affairs bodies for monitoring compliance with the conditions;
- to the justice authorities for the enforcement of the measures ordered by the court, except for the points regarding the prohibition on weapons and other safety measures for the victim.
Who Will Be Subject to Monitoring
Electronic monitoring will be applied to individuals who have committed domestic violence and have a high risk of reoffending, as well as in cases of stalking. The victim's consent to the establishment of such measures is mandatory if she is not a child or a person with a disability.In this case, the agreement on restricted areas is necessary if there is no threat to the victim's life.The responsible person in the internal affairs bodies must notify the monitoring center within 24 hours after the decision to establish monitoring is made.
The monitoring center will oversee the implementation of the decision and activate the technical monitoring means.
The court decision must contain the following information:
- Full name of the aggressor;
- Full name of the victim;
- Type of technical means used;
- Duration of the measures;
- Monitoring area;
- Prohibited area;
- Established restrictions.
Electronic monitoring will be carried out using an electronic bracelet, which will track the aggressor's location in real time and record any attempts to remove or damage it, automatically sending an alarm signal.
Mobile monitoring is also possible, which includes:
- periodic location checks;
- remote biometric identification via a mobile application during the day;
- recording attempts to disable or block the application.
The priority will be the use of the electronic bracelet, and in its absence, mobile monitoring.
Responsibility for Violations
Violations of the conditions of electronic monitoring include:- crossing a prohibited area;
- attempts to approach the victim;
- intentional disabling or damaging of the technical means;
- refusal to undergo biometric identification.
Individuals who violate the established restrictions will be held accountable according to the Code of Offenses.
Additional Conditions and Monitoring
If the aggressor seeks medical assistance, he or his legal representative must immediately notify the monitoring center and the internal affairs bodies about the application of electronic monitoring, except in cases of force majeure.By mutual agreement of the state bodies, the functions of electronic monitoring may be transferred to another institution.
All other issues not described in this procedure will be regulated by the internal acts of the relevant authorities.
