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January 16, 2002




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January 16, 2002


LAW OF UKRAINE


On Introduction of Amendments into the Criminal Code of Ukraine and the Criminal Procedure Code

of Ukraine


The Verkhovna Rada of Ukraine RESOLVES the following:


I. The Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine shall be amended

as follows:

1. In the Criminal Code of Ukraine:


1) The name and paragraph 1 of Article 198 shall have the following wording:

"Article 198. Purchase, acquisition, storage or sale of property obtained from crime

A not promised in advance purchase, acquisition, storage or sale of property known to be

obtained from crime, without indications of the legalization (laundering) of proceeds from crime,

-"


2) Article 209 shall have the following wording:

"Article 209. Legalization (laundering) of proceeds from crime

1. Conduct of a financial transaction or other deal involving money or other property obtained as

the result of a socially dangerous illicit act that preceded the legalization (laundering) of proceeds,

or other actions for the purpose of concealing or disguising the illegal origin of such money or

other property, or their possession, or titles to such money or property, or sources of their origin,

location or movement, as well as acquisition, possession or use of money or other property

obtained as the result of a socially dangerous illicit act that preceded the legalization (laundering)

of proceeds, -

shall be punishable by imprisonment for a term of three to six years, with the deprivation of

the right to occupy certain positions or engage in certain activities for a term up to two

years, and the confiscation of the money or property obtained illegally, and the confiscation

of property.

2. Any actions as provided for by paragraphs 1 of this Article, if repeated, or committed by a

group of persons upon prior conspiracy, or with regard to large amounts, -

shall be punishable by imprisonment for a term of seven to twelve years with the

deprivation of the right to occupy certain positions or engage in certain activities for a term

up to three years, and the confiscation of the money or property obtained illegally, and the

confiscation of property.

3. Any actions as provided for by paragraphs 1 or 2 of this Article, if committed by an organized

group of persons or with regard to especially large amounts, -

shall be punishable by imprisonment for a term of eight to fifteen years with the deprivation

of the right to occupy certain positions or engage in certain activities for a term up to three

years, and the confiscation of the money or property obtained illegally, and the confiscation

of property.

Note:

1. For the purposes of this Article, a socially dangerous illicit act that preceded the legalization

(laundering) of proceeds is an act punishable under the Criminal Code of Ukraine by

imprisonment for three years or more (except under Articles 207 and 212 of the Criminal Code

of Ukraine), or any act which is a criminal offence under the criminal law of a foreign state that is

punishable under the Criminal Code of Ukraine, and which resulted in unlawful acquiring of

proceeds;

2. The legalization (laundering) of proceeds from crime is considered committed with regard to

large amounts, if it involves money or other property amounting to more than 6000 untaxed

minimum incomes of citizen.

4. The legalization (laundering) of proceeds from crime is considered committed with regard to

especially large amounts, if it involves money or other property amounting to more than 18000

minimum untaxed minimum incomes of citizen."


3) The Criminal Code of Ukraine shall be supplemented by Article 2091 as follows:

"Article 2091. Intentional violation of requirements of the legislation on prevention and

counteraction to the legalization (laundering) of proceeds from crime

1. Intentional failure to submit the information on transactions, or repeated intentional

submission of deliberately false information regarding transactions subject to internal or

compulsory financial monitoring to specially authorized executive agency for financial

monitoring, -

shall be punishable by a fine of 1000 to 2000 untaxed minimum incomes of citizen,

or limitation of liberty for a term up to two years, or imprisonment for the same

term with the deprivation of the right to occupy certain positions or engage in

certain activities for a term up to three years.

2. Intentional illegal disclosure of information in any form, which was submitted to

specially authorized executive agency for financial monitoring, by a person who learned

such information in the course of performance of his/her professional or service duties, -

shall be punishable by a fine of 2000 to 3000 untaxed minimum incomes of citizen,

or limitation of liberty for a term up to three years, or imprisonment for the same

term with the deprivation of the right to occupy certain positions or engage in

certain activities for a term up to three years."


4) Paragraph 1 of Article 306 shall have the following wording:

"Deposit of money obtained as the result of illegal circulation of narcotics, psychotropic

substances, their analogues or precursors, in banks, enterprises, establishments,

organizations and their subsidiaries, or use of such money for purchase of objects or

property subject to privatization, or of equipment for manufacturing or other purposes,

or use of such proceeds (money and property) for continuation illegal circulation of

narcotics, psychotropic substances, their analogues or precursors, -

shall be punishable by a fine of 2000 to 3000 untaxed minimum incomes of citizen,

or limitation of liberty for a term up to three years, or imprisonment for the same

term with the deprivation of the right to occupy certain positions or engage in

certain activities for a term up to three years."

2. In paragraph 5 of Article 112 of the Criminal Procedure Code of Ukraine, "2091"

shall be inserted after the words "stipulated for by articles".


II. This Law shall come into force simultaneously with the Law of Ukraine on Prevention and

Counteraction to the Legalization (Laundering) of the Proceeds from Crime.


V. Lytvin,

Speaker of the Verkhovna Rada of Ukraine


Kyiv

16 January 2003

# 430-IV

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