Law of ukraine on the organizational and legal icon

Law of ukraine on the organizational and legal




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LAW OF UKRAINE

ON THE ORGANIZATIONAL AND LEGAL

FOUNDATIONS OF STRUGGLE AGAINST

CORRUPTION AND ORGANIZED CRIME


(Vidomosti Verkhovnoyi Rady Ukrainy [VVR], 1993, #35, p. 358; enacted under the Supreme Council's Resolution #3342-12, of June 30, 1993)


(Changed and amended according to Laws of Ukraine

#4001-12, of February 24, 1994;

#312-XIV, of December 11, 1998;

#461-XIV, of March 2, 1999

#783-XIV, of June 30, 1999)


(In the text of the law the words "Department against Corruption and Organized Crime" is substituted by the words "Chief Department against Corruption and Organized Crime" according to Law of Ukraine #4001-12, of February 24, 1994)


(In the text of the law the words "Commission against Corruption and Organized Crime" is substituted by the words "Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption" according to Law of Ukraine #461-XIV, of March 2, 1999)


This Law determines the guidelines of the national policy and the organizational and legal foundations of struggle against organized crime.


^ Chapter I. General Provisions


Article 1.

The Notion of Organized Crime

1. In the context of this Law, organized crime shall be understood as a sum total of criminal offenses committed in conjunction the setting up and operation of organized criminal groups.

2. The types and basic elements [indications] of these crimes, as well as criminal legal measures in regard to offenders shall be established by the Criminal Code of Ukraine.


Article 2.

The Purpose of Struggle against Organized Crime

The purpose of struggle against organized crime shall be:

  • Establishment of control over organized crime, its localization, neutralization, and liquidation;

  • Elimination of reasons for and conditions facilitating organized crime.


Article 3.

Tasks of the Law

The main tasks of this Law shall be as follows:

  • Development of general legal and organizational principles in the struggle against organized crime, assistance in its prevention and elimination;

  • Identification of a network of organs of the State engaged in the struggle against organized crime and their interaction;

  • Establishment of authority vested in special organs of the State to combat organized crime and special measures to be carried out by them;

  • Establishment of obligations binding on other organs of the State in the struggle against organized crime;

  • Legal support of financial, material-technical, and other conditions of struggle against organized crime;

  • Securing guarantees of the rights of individuals and legal entities when taking measures to combat organized crime.


Article 4.

Legislation against Organized Crime

1. Legislation on the struggle against organized crime shall be based on the Constitution of Ukraine (888-09) and shall include this Law, the Criminal (2001-05; 2002-05) and the Criminal Proceedings Code of Ukraine (1001-05; 1002-05; 1003-05); the Laws of Ukraine On Search and Detection Work (2135-12); On the Militia (565-12); On the Security Service of Ukraine (2229-12); On the Public Prosecutor's Office (1789-12), other laws, and international legal agreements to which Ukraine is a party.

2. Subsidiary laws governing relations in the sphere of struggle against organized crime shall not establish authority as vested in organs of the State or impose obligations on individuals and entities if such authority and obligations do not ensue from the laws of Ukraine.


Article 5

System of Organs Combating Organized Crime

1. The system of organs of the State engaged in the struggle against organized crime shall include:

  1. Special organs of the State formed to combat organized crime;

  2. Organs of the State participating in the struggle against organized crime while discharging other principal functions assigned them.

2. The number of organs of the State combating organized crime shall include:

  1. The Coordinating Committee Against Corruption and Organized Crime under the President of Ukraine;

  2. Special Organized Crime Divisions of the Interior Ministry of Ukraine;

  3. Special anti-corruption and organized crime units of the Security Service of Ukraine.

The Supreme Council of Ukraine may perforce set up other standing or ad hoc organs to combat organized crime.

3. The number of organs of the State participating in the struggle against organized crime shall include:

  1. Organs of the Interior Ministry and the Security Service of Ukraine, except those indicated in Clause 2 hereinabove;

  2. Customs authorities and units of the Border Guard Troops of Ukraine;

  3. Internal Revenue Service authorities and those of the State Control and Audit Service;

  4. Punishment administration organs and establishments. (Item (d) added to Section 3, Article 5 according to Law of Ukraine #312-XIV, of December 11, 1998)


Article 6

Guidelines of Struggle against Organized Crime

The following shall be the guidelines in the struggle against organized crime:

  • Creation of the legal basis, providing organizational, material-technical, and other conditions to effectively combat organized crime; arrangements for international cooperation in this sphere;

  • Detection, elimination or neutralization of negative social processes and phenomena begetting and aiding organized crime;

  • Prevention of damage to the person, society, and the State;

  • Prevention of emergence of organized criminal groups;

  • Detection, investigation, termination, and prevention of infringements of the law on the part of participants in organized criminal groups; bringing guilty persons to justice;

  • Securing reimbursement of damage to individuals, entities, and the State;

  • Prevention of corruption of civil/public servants and their involvement in unlawful activities;

  • Countermeasures against criminal groups using citizens' associations and mass media to their ends;

  • Prevention of money-laundering operations;


Article 7

International Cooperation

International cooperation against organized crime shall be based on the rules of International Law, Ukraine's effective legislation, and on international, intergovernmental treaties, and bilateral interdepartmental agreements.


^ Chapter II. Organs of the State Combating Organized Crime and their Authority

Article 8

The Coordinating Committee against Corruption and Organized Crime under the President of Ukraine

1. The Coordinating Committee against Corruption and Organized Crime shall coordinate the efforts of all organs of the State entitled hereunder to combat corruption and organized crime. The Regulations on the Coordinating Committee Against Corruption and Organized Crime shall be approved by the Supreme Council of Ukraine.

2. The Coordinating Committee Against Corruption and Organized Crime shall be formed composed of the Head of the Security Service of Ukraine, Deputy Head of the Security Service of Ukraine being Head of the Chief Department Against Organized Crime of the Security Service of Ukraine, Minister of the Interior of Ukraine, First Deputy Minister of the Interior as Head of the Chief Department Against Organized Crime of the Interior Mi­nis­try, Chairman of the Board of the National Bank of Ukraine, Chairman of the State Com­mittee on National Border Guard of Ukraine, Chairman of the State Customs Committee of Ukraine, and Head of the Chief Department of the State Revenue Service of Ukraine. The Committee's membership may also include heads of other ministries and agencies participating in the struggle against organized crime.

Taking part in the sittings of the Coordinating Committee Against Corruption and Organized Crime shall be the Chairman of the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption, Procurator General of Ukraine, and Head of the Department for Supervision of Observance of the Law by Special Anti-Organized Crime Units of the Office of the Procurator General of Uk­raine.

3. The following shall be within the competence of the Coordinating Committee Against Corruption and Organized Crime:

  1. Coordination and support of the efforts of organs participating in the struggle against organized crime;

  2. Working out the strategy of, and tactical recommendations on, the struggle against organized crime;

  3. Arrangements for cooperation with relevant authorities from other countries and international institutions in combating organized crime;

  4. Preparation of annual and special reports (information bulletins) on organized crime in Ukraine, main trends in the struggle against it and progress made, which documents shall be submitted for consideration by the President and the Supreme Council of Ukraine;

  5. Decisions on uses of the Anti-Organized Crime Fund.

4. Decisions made by the Coordinating Committee Against Corruption and Orga­niz­ed Crime within its competence and in keeping with the laws of Ukraine shall be binding on organs of the State and such executives as these decisions may be addressed to.

5. To provide scientific support of the struggle against organized crime and conduct research, an interdepartmental center shall be set up under the auspices of the Coordinating Committee to study various aspects of this struggle.


Article 9

Special Organized Crime Divisions of the Interior Ministry of Ukraine

1. Special organized crime divisions of the Interior Ministry shall include the Chief Department Against Organized Crime of the Interior Ministry of Ukraine, and departments, divisions, and sections against organized crime of the Interior Ministry of the Republic of the Crimea, the Chief Department of the Interior of the City of Kyiv, chief departments and departments of the Interior in the [administrative] regions, the City of Sevastopol, and other cities, also relevant authorities within the transport network subordinated, accordingly, to the Interior Minister of the Republic of the Crimea and heads of the chief departments and departments of the Interior.

2. Departments and sections against organized crime shall perforce be set up in cities (except Sevastopol) and subordinated to the departments against organized crime of the Interior Ministry of the Republic of the Crimea and those in the [administrative] regions.

3. City departments against organized crime shall be set up and liquidated by decisions of the Cabinet of Ministers of Ukraine, as submitted by the Interior Minister of Uk­ra­ine in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption.

4. The head of the Chief Department Against Organized Crime of the Interior Mi­nistry of Ukraine shall be appointed by a decisions of the Cabinet of Ministers of Ukra­ine, as submitted by the Interior Minister of Ukraine in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption, and shall be First Deputy Interior Minister of Ukraine.

5. Heads of departments against organized crime of the Interior Ministry of the Republic of the Crimea, Chief Department of the Interior of the City of Kyiv, chief departments and departments of the Interior in the regions and the City of Sevastopol, relevant authorities within the transport network shall be, respectively, First Deputy Ministers, heads of chief departments and departments of the Interior, to be appointed and/or dismissed by the Interior Minister of Ukraine as submitted, respectively, by the Minister, heads of chief departments and departments of the Interior, in coordination with the Head of the Chief Department Against Organized Crime of the Interior Ministry of Ukraine.

6. Heads of city departments and units/departments against organized crime shall be appointed and dismissed by the Interior Minister of the Republic of the Crimea, heads of the Chief Department of the Interior of the City of Kyiv, chief departments and departments of the Interior in the regions and the City of Sevastopol; relevant authorities within the transport network, in coordination with the Head of the Chief Department Against Organized Crime of the Interior Ministry of Ukraine.

7. Structurally, special anti-organized crime departments shall include data analysis sections, detective, forensic technical services, quick deployment units, internal security details, personnel, and other services.

8. Chief departments, departments, sections, and units/departments against organized crime shall be legal entities with their own books, clearing, and other accounts, as well as official seals depicting the National Emblem of Ukraine and their [respective] names.


Article 10.

Special Anti-Corruption and Organized Crime Units of the Security Service of Ukraine

1. Special anti-corruption and organized crime units of the Security Service of Ukraine shall include the Chief Department against Corruption and Organized Crime of the Central Department of the Security Service of Ukraine and departments against corruption and organized crime at organs of the Security Service in the Republic of the Crimea, regions, and the cities of Kyiv and Sevastopol.

2. Divisions, sections or groups against corruption and organized crime in the cities (except Kyiv and Sevastopol) shall be set up perforce and subordinated to departments against corruption and organized crime.

3. Divisions, sections or groups against corruption and organized crime shall be set up or liquidated by the Head of the Security Service of Ukra­ine, as submitted by the Head of the Chief Department against Corruption and Organized Crime in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption.

4. The Head of the Chief Department against Corruption and Organized Crime of the Central Department of the Security Service of Ukraine shall be appointed and dismissed by an Edict of the President of Ukraine as submitted by the Head of the Security Service of Ukraine in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption, and shall hold the rank of Deputy Head of the Security Service of Ukraine.

5. Heads of departments against corruption and organized crime in the Republic of the Crimea and in the regions shall be appointed and dismissed by directives of the Head of the Security Service of Ukraine as submitted by the Head of the Chief Department against Corruption and Organized Crime in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption. The Head of the Department Against Corruption and Organized Crime in the Republic of the Crimea shall be appointed also in coordination with the Chairman of the Supreme Council of Crimea.

6. Heads of divisions, sections or unit against corruption and organized crime in the cities shall be appointed and dismissed by directives of the Head of the Chief Department against Corruption and Organized Crime of the Central Department of the Security Service of Ukraine as submitted by the Head of the Security Service of the Republic of the Crimea and by the Head of the Regional Department of the Security Service of Ukraine (Clause 6, Article 10, with changes introduced as per Law #4001-12, of February 24, 1994).

7. (Clause 7, Article 10, was deleted as per Law #4001-12, of February 24, 1994.)

8. (Clause 8, Article 10, was deleted as per Law #4001-12, of February 24, 1994.)


Article 11

Competence of Special Divisions of the Interior and the Security Service of Ukraine

The limits of competence of the special units/departments against organized crime of the Interior and the Security Service of Ukraine shall be determined pursuant to the Laws of Ukraine ^ On the Militia (565-12), On the Security Service of Ukraine (2229-12), On Search and Detection Work (2135-12), this Law, the Criminal Proceedings Code (1001-06; 10002-05), and other laws of Ukraine.


Chapter III. Authority of Special Divisions against Organized Crime


Article 12.

^ Rights of Special Division against Organized Crime of Organs of the Interior and the Security Service of Ukraine, and of their Officers

1. Special units/departments against organized crime of organs of the Interior and the Security Service of Ukraine and officers thereof shall have the rights envisaged by the Laws of Ukraine On the Militia (565-12), On the Security Service of Ukraine (2229-12), On Search and Detection Work (2135-12), this Law, and other laws of Ukraine.

2. When combating organized crime, special units/departments against organized crime of organs of the Interior and the Security Service of Ukraine shall have the authority to:

  1. Initiate search and detection proceedings; a warrant of these proceedings shall be adopted by the head of the special division;

  2. Request in writing, as submitted by heads of relevant special units/departments against organized crime, and receive information and documents on transactions, accounts, deposits, internal and external economic agreements of individuals and entities from banks, customs authorities, financial and other institutions, enterprises, and organizations (regardless of the form of ownership); said information and documents shall be provided forthwith — or not later than 240 hours if the immediate delivery is impossible;

  3. Engage reputed experts from institutions and organizations of supervisory and financial organs to carry out inspections, audits, and expert examinations;

  4. Receive data from automated [computer-controlled] reference and inquiry systems and data banks created by the Supreme Court of Ukraine, the Pro­curator General's Office of Ukraine, the Antimonopoly Committee of Uk­raine, the State Property Fund of Ukraine, ministries, agencies, and other government bodies of Ukraine;

  5. Request and receive information and documents from organs of the State, citizens' associations, enterprises, institutions, and organizations (regard­less of the form of ownership) in the presence of factual evidence of organized criminal operation in progress; said documents and information shall be provided forthwith — or not later than 240 hours if the immediate delivery is impossible;

3. Relying on the results of research and detection work and criminal files, special units/departments against organized crime shall have the right to submit statements to court requesting cancellation of registration and termination of business entities, and in the presence of circumstances envisaged by law, challenge contracts in keeping with procedures provided by the laws of Ukraine.

4. When combating organized crime, officers of special divisions of the Interior and the Security Service of Ukraine shall have the right to:

  1. Enter the premises, including warehouses and depositories, of enterprises, organizations, and institutions (except foreign representatives and diplomatic missions), on written instructions from their superiors and in possession of identity papers, regardless of their subordination or jurisdiction and form of ownership, also likewise have access to Border Guard Troops checkpoints, custom houses, and production premises of private businessmen;

  2. Seal up archives, cash departments, and premises (except dwelling quarters) or other depositories, place them under guard, arrest funds or other valuables of individuals and entities, confiscate objects and documents for a term of up to 240 hours, acting under the authority of public prosecutors supervising the legality of operations of special anti-organized crime divisions, or doing so within 24 hours in an emergency, with subsequent notification of the public prosecutor, when there is a possibility of destruction of the incriminating articles or documents, provided always that each such action is reflected in a duly executed statement. Copies of said statements shall be handed the individual or representative of the enterprise, institution or organization concerned.

5. Operations departments, divisions, and sections of special divisions [against organized crime] shall have the investigating authority. Special anti-organized crime units may initiate criminal proceedings and investigate such cases or hand them over to other organs of the Interior and the Security Service of Ukraine via the relevant public prosecu­tor supervising special units/departments against organized crime; likewise, they may request and receive from them cases involving organized criminal groups. The jurisdiction of such cas­es shall be governed by this Law and the Criminal Proceedings Code of Ukraine.


^ Chapter IV. Measures to Secure Struggle against Organized Crime

Article 13.

Use of Undercover Agents

1. When conducting operations against organized crime, if other means of detec­t­ing organized criminal groups and bringing them to justice prove insufficient, special units/departments against organized crime of the Interior and the Security Service of Ukraine shall have the right to use staff and free-lancing undercover agents planting them in such crimi­nal groups.

2. Planting an undercover agent in a criminal group shall be allowed in the presence of evidence of organized criminal operation and in pursuance of written instructions.

3. To carry out his/her assignment, an undercover agent shall have the right to enter in employment, civil legal, and other relations. Any damage or expenses sustained by this undercover agent in the line of duty shall be reimbursed from the State Budget. An undercover agent shall not be liable for any damage sustained by this agent provided such actions were necessary for carrying out his mission.

4. Issues pertaining to the activities of undercover agents, social and other guarantees thereof shall be governed by the Regulations on Undercover Agent adopted by the given division against organized crime, subject to approval by the Cabinet of Ministers of Ukraine.


Article 14

Use of Criminal Group Participants in the Struggle Against Organized Crime

1. To carry out operations against organized crime, special divisions of the Interior and the Security Service of Ukraine, acting on written instructions and in keeping with normative acts of the Interior Ministry and the Security Service of Ukraine, shall have the right to recruit participants in organized criminal groups.

2. A participant in an organized criminal group thus recruited may be granted partial or total immunity, provided he/she cooperates with the law in the course of search and detection work, pre-trial inquest or court hearing, assisting in the exposure of organized crime, bringing the guilty parties to justice, and reimbursement of damage to individuals, entities, and the State.


Article 15

Use of Special Technical Means in the Struggle Against Organized Crime

1. When combating organized crime, special divisions of the Interior and the Security Service of Ukraine shall have the right, pursuant to a warrant signed by the public prosecutor, to employ additional special technical means in cases when:

  1. Monitoring, tracing, and recording conversations and other actions of individuals suspected, due to available evidence, of involvement in or with organized crime;

  2. Tracing and recording the facts of telephone conversations among citizens, their sending and receiving letters and telegrams without transgressing the confidentiality of such conversations, letters or telegrams;

  3. Securing the safety of the person, homes, and property of workers of special divisions of the Interior and the Security Service of Ukraine, participants in criminal proceedings, their close relatives, provided these persons give their consent, in the presence of danger of damage to them, and in conjunction with their participation in the struggle against organized crime.

2. In other cases, special units/departments against organized crime of the Interior and the Security Service of Ukraine shall use technical means in keeping with procedures determined by the Law of Ukraine ^ On Search and Detection Work (2135-12).

3. Factual information received and recorded by workers of special divisions using technical means may be used as evidence in court.


Chapter V. Interaction between Special Divisions Against Organized Crime and Other Organs of the State


Article 16

^ Interaction among Organs of the Public Prosecutor's Office, the Interior, and the Security Service of Ukraine in the Struggle Against Organized Crime

1. To secure cooperation among organs of the public prosecutor's office, the Interior, and the Security Service of Ukraine, the tables of organization of their central offices shall include positions stipulating functions to support interaction in various aspects of the struggle against organized crime.

2. In the Republic of the Crimea, in the regions and cities, at the relevant organs of the public prosecutor's office, the Interior, and the Security Service of Ukraine, functions to support such interaction shall be assigned public prosecutors supervising the legality of operations of special divisions of the Interior and the Security Service of Ukraine and heads of territorial organs of the public prosecutor's office, the Interior, and the Security Service of Ukraine.

3. Exchange of investigative information among special units/departments against organized crime of the Interior and the Security Service of Ukraine, with respect to special measures, shall be effected on written instructions issued by the heads of the relevant special divisions.

4. The terms and conditions of information exchange among special divisions of the Interior and the Security Service of Ukraine shall be determined by joint normative acts of the Interior Ministry and the Central Department of the Security Service of Ukraine.

5. Transfer of investigative information from special units/departments against organized crime to territorial and other organs of the Interior and the Security Service of Ukraine shall be allowed only with the consent of, and on written instructions from, the head of the relevant special division.

6. Territorial and other organs of the Interior and the Security Service of Ukraine (within the departmental limits) shall be under the obligation to transfer investigative information and documents to corresponding special divisions, inasmuch as such information and documents pertain to the struggle against organized crime, along with criminal case files via the relevant public prosecutor, as requested in writing by special units/departments against organized crime.

Heads of territorial and other organs of the Interior and the Security Service of Ukraine shall secure interaction with special units/departments against organized crime, and shall assist in carrying out tasks assigned these special divisions.


Article 17

Interaction between Special Units Against Organized Crime and other Organs of the State

1. While combating organized crime, the Chief Department Against Organized Crime of the Interior Ministry of Ukraine and the Chief Department against Corruption and Organized Crime of the Security Service of Ukraine shall cooperate with the National Bank and Finance Ministry of Ukraine, the Ministry of Foreign Economic Contacts of Ukraine, the State Customs Committee of Ukraine, the State Property Fund of Ukraine, the Antimonopoly Committee of Ukraine, the State Committee on Border Guard of Ukraine, and with other ministries and agencies.

2. To secure interaction using staff arrangements of the Chief Department Against Organized Crime of the Interior Ministry and the Chief Department against Corruption and Organized Crime of the Security Service of Ukraine, or using staff arrangements at offices of ministries and agencies, the posts of deputy heads of relevant ministries and agencies for interaction in combating organized crime may be instituted as submitted by the heads of the Chief Department of the Interior and that of the Security Service.

3. Said posts shall be manned, as a rule, from among staff members of the Interior and the Security Service of Ukraine with an experience in the field . Such appointments and dismissals shall be effected [respectively] by the heads of the Chief Department Against Organized Crime of the Interior and the Chief Department against Corruption and Organized Crime of the Security Service of Ukraine.


Article 18

Obligations of Organs of the State with Control Authority

1. The National Bank of Ukraine, the Antimonopoly Committee, the State Property Fund, the State Revenue Service, the State Supervisory and Audit Service, customs auth­o­rities, and other organs of the State entitled to monitor observance of the law by orga­ni­zations and citizens of Ukraine shall be under the obligation to:

  1. Investigate, in the line of supervisory duty within their respective competence, such unlawful acts of organizations and citizens as may be indicative of their criminal operations or provide conditions for such operations;

  2. Forward information or documents received when discharging supervisory functions to relevant special organs combating organized crime, provided this information and documents are indicative of organized criminal activities, to be used in detecting, terminating or preventing these activities;

  3. Carry out audits, inspections, and perform other actions in monitoring observance of the laws of Ukraine by organizations and citizens, acting on instructions from special organs combating organized crime;

  4. Work out proposals aimed at improving legislation and eliminating conditions facilitating criminal activities;

  5. Carry out other measures envisaged by this Law and other legislative acts.

2. Organs of the State Revenue Service of Ukraine shall be under the obligation to:

  1. Secure exposure of transgressions of the laws on taxes and budget payments and forthwith notify relevant units/departments against organized crime;

  2. Acting on instructions from special units/departments against organized crime, verify the authenticity of documents relating to budget payments, receive documents attesting to outstanding and effected payments to the budget, and gain access to business data systems to make such verifications;

  3. Notify forthwith relevant special units/departments against organized crime on all cases of reregistration of enterprises due to change of ownership.

3. Customs authorities of Ukraine shall be under the obligation to:

  1. Provide assistance necessary for investigative activities within the customs area;

  2. When so instructed by special organs combating organized crime, verify the legitimacy of activities of organizations and citizens when moving objects and substances across the customs border of Ukraine and monitor their currency transactions jointly with the National Bank of Ukraine;

  3. When so instructed by special organs combating organized crime, provide test supplies of narcotic drugs, psychotropics, weapons, and other objects smuggled by organized criminal groups.

4. The National Bank of Ukraine, in implementing the national policy in the sphere of struggle against organized crime, shall be under the obligation to:

  1. Secure exposure of transgressions of the law on the part of commercial banks and other enterprises, institutions, and organizations subordinated to the National Bank of Ukraine and found to be abetting organized crime; assist in bringing the guilty parties to justice;

  2. Establish forms and volumes of reports to be submitted to the National Bank of Ukraine so as to detect organized criminal activities and conditions facilitating them;

  3. Notify special units/departments against organized crime each time requests for foreign exchange transactions are submitted and take into account their findings;

  4. Inform special units/departments against organized crime on forthcoming large-scale transactions of natural persons (if in excess of 100 minimum wages) or legal entities (if in excess of five thousand minimum wages) carried out once or during 30 days;

  5. If so instructed by the investigating officer or court, suspend financing serving clients' accounts.

5. The Border Guard Troops of Ukraine shall assist special divisions of the Interior and the Security Service of Ukraine in detecting, terminating and preventing organized criminal activities, apprehending and bringing to justice the guilty parties. To this end, the Border Guard Troops of Ukraine, acting on instructions from special units/departments against organized crime of the Interior and the Security Service of Ukraine, and in circumstances envisaged by the laws of Ukraine, shall be under the obligation to:

  1. Check and temporarily relive certain individuals of their identity papers when crossing the national frontier of Ukraine;

  2. Forbid certain persons passage across the national frontier and hold them in administrative custody;

  3. Examine certain means of transport and property when crossing the national frontier of Ukraine and retrieve objects and substance forbidden for importation or exportation, as well as any such objects and property being smuggled in or out of Ukraine;

  4. Inspect and/or apprehend Ukrainian and foreign civilian vessels.


Chapter VI. Information, Financial, Material-Technical and Research Support of Struggle against Organized Crime

Article 19

^ Information Support of Struggle against Organized Crime

1. To solve the tasks of combating organized crime, special divisions of the Interior and the Security Service of Ukraine shall have the right to collect, accumulate and store information on events and facts testifying to organized criminal activities, their causes and conditions, and on persons participating in organized criminal activities.

To this end, central data banks shall be set up at the Chief Department Against Organized Crime of the Interior and the Chief Department against Corruption and Organized Crime of the Security Service of Ukraine.

Procedures of using this data shall be determined by normative acts of the Interior Ministry and the Security Service of Ukraine which shall take measures to secure their safety. Special divisions of the Interior Ministry and the Security Service of Ukraine shall cooperate on a gratuitous basis with the information and inquiry services of the Ministry of Statistics, Procurator General's Office, Ministry of Justice, Supreme Court, and the State Customs Committee of Ukraine, as well as with banking, financial, customs, and other organs and institutions, receiving from them all information relating to specific manifestations of organized crime. Procedures of collection, accumulation, processing, and release of such data shall be government by the Regulations on these organs and institutions, and by corresponding legislative acts.

Relevant data banks shall be set up at the local special units/departments against organized crime.


Article 20

Financial and Material-Technical Support

1. Financial and material-technical support of struggle against organized crime shall be qualified as a priority and effected at the cost of the State Budget. Subsidies required for this support, including foreign currency assignations, shall be annually established by the Supreme Council of Ukraine when adopting the Budget program. In keeping with the National Program Against Organized Crime.

2. The structure, staff arrangements, and wage fund of the special units/departments against organized crime of the Interior Ministry and the Security Service of Ukraine shall be adopted by the officials in charge thereof within the limits of set assignations, in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption.

3. Material-technical support of special units/departments against organized crime shall be centralized, to be provided as requested by the Interior Ministry, Security Service, and other law enforcement authorities, ministries, and agencies of Ukraine.

4. The Anti-Organized Crime Fund shall also be used to strengthen the material-technical base, modernize the equipment and communication means of organs and subdivisions combating organized crime; to encourage staff workers and private citizens to assist in the detection of organized criminal groups. Appropriate regulations shall be adopted by the Supreme Council of Ukraine.(The Clause invalidated by Law of Ukraine #783-XIV of June 30, 1999)

5. Other organs and institutions, their workers, and citizens volunteering to expose unlawful property or financial contracts or transactions shall have the right to receive up to 10% of the cost of such contracts/transactions remitted to the State Budget, as ruled by court, or of the sum of penalty meted out in retaliation for such illegal contracts or transactions. (The Clause invalidated by Law of Ukraine #783-XIV of June 30, 1999)


Article 21

Research Support of Struggle against Organized Crime

An Interdepartmental Center for Problems of Struggle Against Organized Crime shall be set up to provide research support of this struggle.


^ Chapter VII. Guarantees of Citizens' and Legal Entities' Rights when Combating Organized Crime

Article 22

Guarantees of Rights and Lawful Interests of Citizens and Legal Entities when Combating Organized Crime

1. Relations between organs of the State natural and legal persons, arising from or in conjunction with the struggle against organized crime, shall be based on the principles of legality, justice, and maximum implementation of the rights and lawful interests of natural and legal persons.

2. Special units/departments against organized crime, workers, and material and technical means thereof shall not be used on missions not referred to their competence by the laws of Ukraine.

3. Information received by special units/departments against organized crime and workers thereof, not pertaining to criminal offenses or other infringements of the law on the part of individuals or entities, shall not be used to the detriment of their rights and lawful interests.

Documents and other sources of such information shall be destroyed not later than six months from the date of receipt thereof by a special organ combating organized crime.

4. Individuals and entities shall have the right, in keeping with procedures established by Ukraine's legislation, to challenge, in due course of law, actions of workers of special units/departments against organized crime and other organs indicated in Article 5 hereinbefore, which they may consider unlawful.

5. Judges shall be appointed to hear cases involving organized crime, which judges shall be provided with additional guarantees of protection and personal safety.

Chapter VIII. Control and Supervision of Observance of the Law in the Struggle Against Organized Crime

Article 23

Control by the Supreme Council of Ukraine

1. Control of observance of the law in the struggle against organized crime and implementation of relevant subsidies shall be the direct prerogative of the Supreme Council of Ukraine, as well as of the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption.

2. At least once every year, the Supreme Council of Ukraine shall hear a report by the Chairman of the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption and progress reports of the Coordinating Committee Against Organized Crime, Head of the Security Service of Ukraine, and Minister of the Interior, along with a report by the Procurator General of Ukraine on the situation in the sphere of struggle against organized crime.

Reports by the Coordinating Committee Against Organized Crime and by the above-mentioned officials shall be heard together with a co-report delivered by the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption.

The Supreme Council of Ukraine shall perforce hear reports on separate issues by executives from other organs involved in or with the struggle against organized crime.


Article 24

Authority of the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption

1. The Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption shall:

  1. Monitor the implementation of legislation against corruption and organized crime and activities of special units/departments against organized crime of the Interior Ministry and the Security Service of Ukraine;

  2. Prepare bills designed to combat corruption and organized crime;

  3. Study practical application of laws by organs combating corruption and organized crime, so as to make improvements in the active legislation and operations against corruption and organized crime; prepare proposals for [correct] interpretation of legal norms;

  4. Give consent in cases envisaged by this Law to the formation and liquidation of special units/departments to combat corruption and organized crime, appointing and dismissing officials in charge thereof, public prosecutors to monitor observance of the law on the part of special units/depart­ments against organized crime.

2. Organs of the public prosecutor's office, the Interior Ministry, and the Security Service of Ukraine, including their special units/departments, shall be under the obligation to keep the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption informed about their activities, except in cases when such information may expose undercover agents assisting special units/departments against organized crime, members of organized criminal groups [secretly] cooperating with these special units/departments, and suspects.


Article 25.

Rights of the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption

1. The Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption shall have the right to:

  1. Verify observance of the laws against corruption and organized crime and appoint other organs and official to carry out such inspections;

  2. Make representations concerning detected infringements, bringing to justice [guilty] officials in accordance with the laws of Ukraine;

  3. Submit proposals subject to mandatory consideration by the Procurator General of Ukraine, concerning detected criminal offenses and indicating the necessity of criminal proceedings, setting up task forces to investigate these cases, composed of workers of the public prosecutor's office, the Interior Ministry, and the Security Service of Ukraine, and appointing public prosecutors to monitor criminal investigations;

  4. When refused criminal proceedings by the Procurator General of Ukraine, the Committee shall have the right to raise the matter of forming an independent task force and appointing an independent public prosecutor to monitor its criminal investigation at a plenary meeting of the Supreme Council of Ukraine;

  5. Verify the legality and reasons warranting use of members of organized criminal groups and special technical and other secret means in combating organized crime. The Committee shall hear report on this subject once every six months by the Procurator General, Interior Minister, and Head of the Security Service of Ukraine.

2. Other aspects of the Committee's authority shall be determined by the Regulations on the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption, adopted by the Supreme Council of Ukraine.


Article 26

Prosecutor's Supervision

Observance of the law in the struggle against organized crime shall be supervised by the Procurator General of Ukraine and subordinate public prosecutors.

2. To supervise observance of the law by special units/departments against organized crime, criminal investigations, and support public prosecution in court, a [special] department shall be formed at the Office of the Procurator General of Ukraine, with sections thereof set up in the Republic of the Crimea, regions, and the cities of Kyiv and Sevastopol.

3. Head of the Department for Supervision of Observance of the Law by Special Units/Departments Against Organized Crime at the Office of the Procurator General of Ukraine, and those of its sections as indicated in Clause 2 hereinabove shall be appointed by the Procurator General of Ukraine in coordination with the Supreme Council Committee for Legislative Support of Law Enforcement and Struggle against Organised Crimes and Corruption; head of this department in the Republic of the Crimea shall be thus appointed also in coordination with the Chairman of the Supreme Council of the Republic of the Crimea.

4. Departments supervising the legality of operations of special units/departments against organized crime shall be legal entities having their own books, accounts, and official seals depicting the National Emblem of Ukraine; by their status they shall be equal to relevant organs of the public prosecutor's office as set forth in Article 13 of the Law of Ukraine On the Public Prosecutor's Office (1789-12).

5. Public prosecutors at the head of departments and sections supervising the legality of operations of special units/departments against organized crime shall have the right to issue warrants of arrest and apply other authority envisaged by the Law of Ukraine On the Public Prosecutor's Office and by this Law.


Leonid Kravchuk, President of Ukraine

City of Kyiv, June 30, 1993

#3341-XII




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