104 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: detainees, administrators and personnel of the holding facilities and the results of familiarization with the existing procedures, documents and detention conditions allow drawing a conclusion that the State Border Service of Ukraine has achieved significant positive results in the area of ​​human rights and freedoms of detainees, including, in particular, decent conditions of detention. possible by the This was largely made ​​ policy of cooperation with the competent international and European institutions, like Ukrainian offices of International Organization for Migration and of the United Nations High Commissioner for Refugees, and with border and immigration control authorities of such EU countries such as Poland, Hungary and Lithuania. However, the process of treatment of detainees at the border control agency’s facilities does not fully guarantee protection against cruel, inhuman or degrading treatment or punishment. For example, there is no rule as to (and, therefore, no such practice) mandatory video and audio recording of the offender’s questioning immediately on detention, during the making of documents on the administrative offense and arrest. The existing rules also fail to require mandatory audio and video recording of the first interrogation of the detained by the staff in charge of operations and retrieval, which is usually performed prior to placement into a temporary holding facility. Recommendations with regard to implementation of such procedure were provided to the leadership of the State Border Service of Ukraine but, regrettably, have not yet been put into practice. Other preconditions for possible illtreatment include the following: • in regulations of the Border Service there is no specific list of disciplinary punishments and no procedures for their effective application in order, for instance, to put an end to violations of the internal rules of the facility; • at present there are no special programs on prevention of torture and of cruel, inhuman or degrading treatment or punishment for the personnel involved in the apprehension of offenders and their guarding. Regulatory deficiencies that may lead to illtreatment also include the following: • rules and standards in the current Regulations on the procedure of holding of individuals detained by the State Border Service of Ukraine under administrative proceedings for violation of the legislation on the state borders of Ukraine and on suspicion of a criminal offense (effected by Order of SBSU of June 30, 2004, No. 494, and registered with the Ministry of Justice of Ukraine on July 15, 2004 under No. 886/ 9485) do not meet the current minimum standards for the treatment of persons taken into custody as set out in the recommendations of the Subcommittee on Prevention of Torture of the UN Human Rights Committee and the European Committee for Prevention of Torture (CPT) and in their annual and special reports, and, therefore, require revision; • Joint Order of the Ministry of Internal Affairs of Ukraine, Ministry of Health Care of Ukraine and the State Border Service of Ukraine of April 17, 2012, No. 336/268/254, “On the material and medical support of foreigners and stateless persons held in temporary facilities for persons illegally staying in the territory of Ukraine, holding facilities and special premises”, registered with the Ministry of Justice