Order on polygraph use in the National Police of Ukraine

This English translation is provided for convenience. If it differs from the Ukrainian version, the Ukrainian version prevails.

On Approval of the Instruction on the Procedure for Using Polygraphs in the National Police of Ukraine

In accordance with part two of Article 50 of the Law “On the National Police”, the Regulation on the National Police approved by Resolution of the Cabinet of Ministers of Ukraine No. 877 of 28 October 2015, and in order to ensure the use of polygraphs in the National Police of Ukraine, I HEREBY ORDER:

1. To approve the Instruction on the Procedure for Using Polygraphs in the National Police of Ukraine attached hereto.

2. To declare invalid the Instruction on the Use of Computer Polygraphs in Work with the Personnel of the Internal Affairs Bodies of Ukraine, approved by Order of the Ministry of Internal Affairs of Ukraine No. 842 of 28 July 2004 and registered with the Ministry of Justice of Ukraine on 27 October 2004 under No. 1373/9972 (as amended).

3. The Department for Policy Development regarding Authorities Controlled by the Minister and Monitoring of the MIA (Bodnar V.Ye.) shall ensure, in accordance with the established procedure, that this Order is submitted to the Ministry of Justice for state registration.

4. This Order shall enter into force on the day of its official publication.

5. Control over the implementation of this Order shall be entrusted to the Head of the National Police of Ukraine.

INSTRUCTION
on the Procedure for Using Polygraphs in the National Police of Ukraine

I. General Provisions

1. This Instruction defines the basic principles, tasks and general conditions of interviewing persons using a polygraph in the National Police of Ukraine and the organisation of such interviews.

2. In this Instruction, the terms are used in the following meanings:

initiator of the interview (hereinafter, the initiator) – the head, first deputy heads and deputy heads of the central police management body, the head of a structural unit of the central police management body, the heads, first deputy heads and deputy heads of a territorial police body, the head of the Human Resources Department and a person authorised to conduct an internal investigation (inspection);

interviewee – a person who has reached the age of 18, is an employee of the National Police of Ukraine or a candidate for admission to the police service, is specified in the assignment for the interview and has given voluntary consent to undergo the procedure of an interview using a polygraph;

interview using a polygraph (hereinafter, the interview) – a specially organised and scientifically grounded set of techniques for obtaining, comparing and interpreting a person’s psychophysiological reactions in response to psychological stimuli;

polygraph – a type of special psychophysiological technical device that records the dynamics of at least five independent psychophysiological processes of a person (thoracic and diaphragmatic breathing, cardiovascular activity, electrical conductivity of the skin, motor activity) in response to certain psychological stimuli (questions, images, objects) presented according to a special methodology, without causing harm to human life or health or to the environment;

specialist in conducting interviews using a polygraph (hereinafter, the specialist) – an official of the National Police of Ukraine who has completed appropriate training in conducting psychophysiological examinations using a polygraph, has received the relevant certificate and whose job duties include conducting interviews.

The terms “close persons” and “conflict of interest” are used in the meanings given in the Law of Ukraine “On Prevention of Corruption”.

3. The purpose of the interview is to verify the information provided.

4. The results of the interview have no evidentiary value whatsoever, are probabilistic and indicative in nature, and constitute one of the sources of information to be assessed together with the rest of the data collected.

The results of the interview may not serve as grounds for applying measures that restrict the lawful rights and freedoms of the interviewee.

5. Polygraphs are used in the activities of the National Police of Ukraine in compliance with the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Labour Code of Ukraine, the Laws of Ukraine “On the National Police”, “On Civil Service”, “On Prevention of Corruption”, “On Government Cleansing”, “On Information”, “On Personal Data Protection” and other legislative acts.

II. Basic Principles of Polygraph Use

1. Under the principle of voluntary consent, the specialist conducts an interview only after obtaining the written consent of the interviewee.

Refusal to be interviewed may not entail any oppression of the person or any violation of their lawful rights and freedoms.

2. Under the principle of lawfulness, an interview is conducted only on the basis of an appropriate assignment and within a defined range of questions, of which the specialist informs the interviewee.

The initiative for an interview may also come from a person who believes that unfounded suspicions or accusations have been made against them.

3. In line with the principle of comprehensiveness, all available material, technical and methodological resources are used during the interview in order to ensure that the conclusions concerning the interviewee are fully and comprehensively substantiated. The specialist must ensure the psychological comfort of the interviewee.

4. Under the principle of confidentiality, information obtained by the specialist during the interview, as well as information contained in the report on the results of the interview using a polygraph, is not subject to disclosure, except in cases provided for by the legislation of Ukraine.

5. Under the principle of ensuring human rights and freedoms, during the interview the specialist must respect the fundamental human rights and freedoms guaranteed by the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms and international treaties.

The interviewee must know which event the interview concerns and must be familiarised with the subject matter of the questions; the interviewee has the right to refuse the interview at any stage and not to give explanations as to why particular psychophysiological reactions occurred.

6. In accordance with the principle of legality, the specialist acts solely on the grounds, within the powers and in the manner provided for by the Constitution of Ukraine and the laws of Ukraine.

III. Main Areas and Organisation of Interviews

1. In the activities of the National Police of Ukraine, interviews are conducted in the following cases:

when candidates are admitted to the police service;

during the attestation of police officers;

a check on the initiative of a person who has expressed a wish to be interviewed using a polygraph, including during internal investigations;

in the course of operational and investigative activities.

2. If an interview is necessary, its initiator prepares and signs an assignment for an interview using a polygraph (Appendix 1).

In the assignment, the initiator specifies the objective that needs to be clarified by the specialist during the interview.

The assignment, together with the necessary materials, is sent to the unit of the National Police of Ukraine where the specialist works, for approval by the specialist’s immediate superior.

3. The specialist studies the available materials, reaches a conclusion as to whether the interview can be conducted, sets its date and place, and informs the initiator of the interview accordingly.

4. If the interview cannot be conducted (owing to the interviewee’s state of health, or because the necessary working conditions have not been provided), the specialist informs the initiator of the interview in writing (stating the reasons).

5. The heads of the bodies and units of the National Police of Ukraine in which the interviewee serves provide organisational support for the interview at all stages, in particular by ensuring that the interviewee appears at the time and place set by the specialist.

6. Before starting work, the specialist invites the interviewee to fill in by hand a statement of consent to an interview using a polygraph (Appendix 2).

If the person refuses the interview immediately before or during it, the person is invited to write a statement to that effect in free form, stating the reasons for the refusal.

Refusal to undergo an interview using a polygraph entails no legal consequences whatsoever for that person and does not indicate that the person is concealing information.

In conversation with the interviewee, the specialist determines whether the interviewee has any of the contraindications to the interview listed in paragraph 3 of Section IV of this Instruction.

The interviewee is informed of their rights and of the fact that a polygraph interview is safe for human life and health, and the subject matter of the questions that will be put to them is discussed.

7. The interview is conducted in three stages:

1) the preparatory stage:

reviewing the materials, drafting and constructing the questions;

establishing the mental and physical condition of the interviewee;

establishing psychological rapport with the interviewee;

obtaining the person’s voluntary written consent to take part in an interview using a polygraph;

checking and adjusting the polygraph’s sensors and data acquisition (recording) channels;

establishing the interviewee’s baseline level and type of response;

2) the stage of conducting the interview itself:

conducting the interview by means of questions constructed in accordance with the purpose of the assignment;

ongoing monitoring of the interviewee’s mental and physical condition;

detecting possible countermeasures and taking steps to neutralise them;

recording the person’s reactions to the questions;

preliminary analysis of the interview results;

3) the final stage:

analysis of the interview results;

holding a post-test interview with the interviewee;

obtaining from the interviewee a written statement that they have no complaints following the interview using a polygraph;

preparation by the specialist of a report on the results of the interview using a polygraph.

IV. General Conditions for Conducting Interviews

1. To ensure the objectivity of the interview results, requirements concerning the condition of the room and the proper physical and psychological condition of the interviewee must be met.

During the examination, only the specialist and the interviewee are present in the room.

2. The interview is conducted in a specially equipped room or in an existing office room adapted for the purpose that meets the following requirements:

floor area – at least 10 m^-2;

ceiling height – at least 2.5 m;

the walls of the room are painted in neutral pastel colours, with no distracting details;

the room’s furnishings must provide comfortable conditions; lighting, temperature, air humidity and sound insulation must meet general standards. Interviews may not be conducted in rooms near sources of high voltage, transformers, freight lifts or operating welding equipment. Sudden telephone calls, entry of outsiders into the room, and loud shouts or conversations of staff in adjacent rooms and corridors must be ruled out.

3. An interview using a polygraph is not conducted if any of the following has been identified in the interviewee and confirmed by documents:

1) the acute phase of a somatic or mental illness;

2) acute pain syndrome;

3) intoxication of the body;

4) diseases accompanied by marked cardiovascular or respiratory failure;

5) injuries, anatomical defects or frostbite of the fingers, amputation of the upper limbs;

6) congenital or acquired mental deficiency of a moderate or severe degree;

7) use of potent medicines or psychotropic substances affecting the functioning of the central nervous, cardiovascular or respiratory system;

8) pregnancy.

4. An interview is also not conducted if:

1) the specialist is directly subordinate to the interviewee;

2) the interviewee is a close person of the specialist;

3) there is a conflict of interest between the specialist and the interviewee.

5. The entry by the polygraph specialist of knowingly false information into the interview materials, disclosure of personal data by the specialist, and disclosure by persons who had access to the information of the fact, course and results of an interview using a polygraph entail liability as established by law.

V. Documentation, Storage and Use of Interview Results

1. On completion of the work, the specialist prepares a report on the results of the interview using a polygraph (Appendix 3) (hereinafter, the report) in two copies, stating:

1) the time and place of the interview;

2) the position, name of the structural unit, rank, surname, first name and patronymic of the specialist who conducted the interview;

3) the document (certificate) confirming that the specialist has completed the relevant training;

4) the model of the polygraph used and the number of channels recording psychophysiological parameters;

5) the position, rank (if any), surname, first name and patronymic of the initiator;

6) the surname, first name, patronymic, year of birth and position (if any) of the interviewee;

7) the grounds for the interview and its purpose;

8) the issues that were checked;

9) a description of the results obtained and a discussion of them;

10) the position, rank and signature of the specialist who conducted the interview.

2. The report on the results of the interview using a polygraph states that the conclusions are probabilistic and indicative, cannot be used as evidence, and require additional verification and a search for evidence in the manner prescribed by law.

3. Interviews conducted and reports prepared on the results of interviews using a polygraph are recorded in the register of interviews conducted using a polygraph (hereinafter, the register) (Appendix 4), which is kept by the specialist.

4. Where necessary, the register and the report on the results of the interview using a polygraph are given a restricted-access marking in accordance with the legislation of Ukraine.

5. The first copy of the report on the results of the interview using a polygraph is sent to the initiator of the interview within thirteen days of the interview (within seven days if the interview is conducted as part of the attestation of police officers) and is subsequently added, in accordance with the established procedure, to the interviewee’s personal file or to the materials of the internal investigation.

6. The interview materials (the assignment, statements of consent or refusal, the second copy of the report and other documents) are kept in a separate file listed in the records schedule, entitled “Materials of Interviews Conducted Using a Polygraph”, for three years and are destroyed in the manner prescribed by law.

7. A person who has been interviewed has the right to familiarise themselves with the results of the interview.

VI. Duties of the Specialist When Conducting Interviews and Oversight of Interviews

1. When conducting an interview using a polygraph, the specialist is obliged to:

do everything possible to prevent possible negative consequences of their professional activity and not allow any actions or statements that threaten the inviolability of the person;

refrain from using their knowledge and position to degrade human dignity, suppress the personality or manipulate the person.

2. Oversight of the specialist’s compliance with the requirements of the law, as well as material, technical and methodological support, are the responsibility of the heads of the bodies and units of the National Police of Ukraine in which the specialist works.

3. If interviewees or other persons put pressure on the specialist in order to force them to give unreliable conclusions or to violate the interview methodology, the specialist immediately reports this to their immediate or direct superior and stops work.

ASSIGNMENT
for an interview using a polygraph

STATEMENT
of consent to an interview using a polygraph

REPORT
on the results of an interview using a polygraph

REGISTER
of interviews conducted using a polygraph
______________________________________________________
(name of the unit of the National Police of Ukraine)