Key Benefits:
Making changes to some of Ukraine's legislative acts Liberalization Action Plan by the European Union of Visa for Ukraine concerning the responsibility of legal entities
(Information of the Verkhovna Rada (VR), 2014, No. 12, pp. 183)
{With changes under the Laws
No. 1207-VII of 15.04.2014 , BBR, 2014, No. 26, pp. 892
No. 1700-VII of 14.10.2014 , BBR, 2014, No. 49, pp. 2056}
Verkhovna Rada of Ukraine ruling :
I. Amend the following legislative acts of Ukraine:
1. General Criminal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2001, No. 25-26, art. 131) complement the section XIV - 1 such content:
" Chapter XIV - 1
OF THE LEGAL NATURE OF THE
Article 96 - 3 . Grounds for application to legal entities of a criminal offence
1. The grounds for application to a legal entity of a criminal offence are committed by an authorized person, or by order, or by order, in speaking and complying, or by another way:
1) on behalf of and in the interest of the legal person of any of the crimes prescribed by articles 209, 306, parts first and second article 368 - 3 , parts first and second article 368 - 4 , articles 369, 369 - 2 This is the Code;
2) on behalf of the legal person of any of the crimes prescribed by articles 258-258 - 5 This is the Code;
(3) on behalf of and in the interest of the legal person of any of the crimes prescribed by articles 109, 110, 113, 146, 147, 160, 260, 262, 436, 437, 438, 442, 444, 447 of this Code.
Note 1. In law, legal persons should be understood to be legal persons, as well as other persons who, according to the law, established legal entities or the treaty, have the right to act on behalf of a legal entity.
2. Crime prescribed by articles 109, 110, 113, 146, 147, 160, 209, 260, 262, 306, parts first and second article 368 - 3 , parts first and second article 368 - 4 , articles 369, 369 - 2 , 436, 437, 438, 442, 444, 447 of this Code shall be recognized in the interests of the legal person, if they are committed to obtaining it with a non-legal benefit or to create conditions for such a benefit, as well as to evade the prescribed law. responsibility.
{Text of article 96 - 3 in the wording of the Law No. 1207-VII of 15.04.2014 }
Article 96 - 4 . Legal persons to which criminal law measures are applied
1. Criminal proceedings, in cases stipulated by paragraph 1 of part of the first article 96 - 3 this Code can be applied by a court to an enterprise, institution or organization other than the state bodies, the authorities of the Autonomous Republic of Crimea, bodies of local government, organizations created by them in established order entirely are held at the expense of the state or local budgets, the funds of universal public social insurance, the Fund to guarantee the contributions of individuals, as well as international organizations.
2. Criminal proceedings, in cases stipulated with paragraphs 2 and 3 of the part of the first article 96 - 3 this Code can be applied by a court to the subjects of private and public law of residents and non-residents of Ukraine, including businesses, institutions or organizations, state bodies, organs of power of the Autonomous Republic of Crimea, local authorities Self-government, organizations created by them in established order, funds, as well as international organizations, other legal persons established in accordance with the requirements of national or international law.
If a state or entity owns a stake of more than 25 percent in a legal entity or a legal entity is under the effective control of a state or subject of state ownership, then a legal entity carries a civil responsibility. The fullest extent of its fullest and damage was achieved by a crime committed by the state, subjects of state property, or public administration.
{Article 96 - 4 in the wording of the Law No. 1207-VII of 15.04.2014 }
Article 96 - 5 . Grounds for the release of a legal person from the application of a criminal offence
1. A legal entity shall be dismissed from the application to it of a criminal law, if one is committed to the day of committing an offence of any crime specified in Article 96. - 3 This is the Code, and by the day of the time of the law, we have raised the legal force of the following lines:
(1) Three years-in the case of committing a crime of a small severity;
(2) Five years-in case of a medium-severity crime;
(3) Ten years-in case of committing a grave crime;
(4) 15 years later, in case of a particularly serious crime.
2. The use of the statute of limitations of the application to the legal entity of the criminal offence measures shall be stopped if it is authorized by a person who committed any crime specified in Article 96. - 3 That's the Code, hiding from the authorities of the investigation and the court to evode criminal liability and its whereabouts unknown. In such cases, the statute of limitations is restored from the day of the establishment of this authorized person.
3. The permanence of the use of the legal entity to the legal entity of the criminal offence is interrupted if prior to the end of the first and second rows of this article, her authorized person has committed any crime determined in Article 96 - 3 That's the Code.
4. The computation of antiquity in this case begins with the day of the study of the legal person of any crime specified in Article 96 - 3 That's the Code. Under this line, the antiquity is calculated separately for each crime.
Article 96 - 6 . Types of criminal acts applied to legal entities
1. The following criminal acts may be applied to legal persons:
(2) The confiscation of property;
2. Prior to legal persons a fine and elimination may be applicable only as basic measures of criminal law, and property confiscation is just as extra. In the application of a criminal-legal nature, a legal entity is obliged to reimburse the damages and damages in its entirety, as well as the size of the resulting non-legal benefit obtained or may have been received by the legal entity.
{Part of the second article 966 with the changes made under the Act No. 1207-VII of 15.04.2014 }
1. The Court may apply to a legal person a fine of between five thousand and seventy-five thousand intaxable minimum income citizens.
2. Depending on the severity of the crime committed by an authorized legal entity, the court applies a fine in such dimensions:
for the crime of a small severity-from five thousand to ten thousand untax-income minima income;
for the crime of medium severity-from ten thousand to twenty thousand untaxable minimum income minimum income;
For a terrible crime, between twenty thousand and fifty thousand untax dollars of income,
For a particularly serious crime, from fifty thousand to seventy-five thousand intaxable minimum income citizens.
3. Given the main state of the legal entity, the court may appoint a penalty with a disburse of certain parts of the court up to three years.
Article 96 - 8 . Confiscation of property
1. The confilation of the property is to force the unpaid removal of the property of the property of a legal entity and is applied by the court in the event of the elimination of the legal entity according to this Code.
1. The law of the legal person shall be applied by a court in the event of an authorization of any of the crimes prescribed by articles 109, 110, 113, 146, 147, 160, 260, 262, 258-258 - 5 , 436, 437, 438, 442, 444, 447 of this Code.
{Text of article 96 - 9 in the wording of the Law No. 1207-VII of 15.04.2014 }
Article 96 - 10 . General rules of enforcement of criminal acts
1. Subject to a legal person, the criminal offence measures are taken into account the degree of severity of the offence committed by the offence, the extent of the criminal intent, the size of harm, character and size of the wrongful offence. the benefit that is received or could have been obtained by a legal entity, a lifetime of legal action to prevent the crime.
Article 96 - 11 . Application to legal entities of criminal offence
1. As a result of crimes within one proceedings, the court, applying a criminal offence to a legal entity for each crime separately, determines the final main event by deepening the less severe event to be more rigorous.
2. When applied to a legal entity, a criminal offence is punishable by a crime in the presence of an unfulfilled event by a trial of each of them; each trial is performed independently, in addition to the application of the court to eliminate the law. According to this Code ".
2. In Criminal Procedure Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2013, No. 9-13, pp. (88):
1) Items 25 and 26 part of the first article 3 After the words "and its representative", add "the representative of the legal person to which the proceedings are carried out";
(2) First sentence Part 4 of Article 29 After the words "nature", in addition to the words "as well as the representative of the legal person carried out by the proceedings";
(3) complement article 64 - 1 such content:
" Article 64 - 1 . Representative of the legal entity on which the proceedings are carried out
1. The representative of the legal person on which the failure may be:
a person who has the right to be a defender in criminal proceedings;
a supervisor or other person, authorized by law or established documents;
2. The powers of the representative of the legal entity on which the proceedings are being followed are confirmed:
(1) Documents stipulated by Article 50 of this Code if representative is a person who has the right to be a defender in criminal proceedings;
(2) A copy of the established legal entity, if a representative is a supervisor of a legal person or another authorized by the law or the constituent documents of a person;
(3) an confidence if a representative is a legal entity.
3. For criminal proceedings, the representative of a legal entity shall be entitled to:
(1) To know, in relation to the conduct of which criminal offence is carried out on a legal entity and to explain the matter;
(3) Collect and submit an investigator, the prosecutor, the judge, the judge, the court of evidence;
4) to participate in the conduct of the proceedings;
(5) During the procedural action, ask questions, submit their remarks and denial about the order of action taken to the protocol, and to meet the Protocols of the investigative (search) and other procedural actions performed under the Protocol. His participation;
(6) To apply with the enforcement of the requirements of this Code of technical means during the trial actions in which it is involved. Investigator, prosecutor, investigative judge, courts have the right to prohibit the use of technical means during a separate procedural action or at a certain stage of failure to dissolve information that contain a secret guarded by the law, refers to the intimate life of the person who is released (decreed) motivated by the ruling (uhwala);
(7) The petition for the conduct of the procedural action, regarding the safety of its own, members of their family, close relatives, property, housing, etc.;
9) receive copies of procedural documents and written messages;
10) challenge the decision, actions and inactivity of the investigator, the prosecutor, the investigating judge in the order stipulated by this Code;
11) Use the native language, obtain copies of the procedural documents with a native or other language that it owns, and if necessary to use the translator's services.
4. During the pre-trial investigation, a representative of the legal person shall have the right to:
1) participate in investigators (search) and other procedural actions during which to ask questions, submit their remarks and denial about the order of action taken to the protocol, and to meet the protocols of investigators. (a) and the rest of the proceedings;
2) familiarize with the materials of the pre-trial investigation into the order provided by Article 221 of this Code, and requiring the discovery of materials under article 290 of this Code.
5. During the proceedings, the representative of the legal person shall be entitled to:
1) to be informed about the time and place of the trial;
2) participate in judicial proceedings;
(3) To perform in the court debate;
4) to familiarize yourself with the journal of the court proceedings and the technical record of the judicial process, which he is obliged to give to the authorized workers of the court, and to submit their remarks to them;
5) appeal to this Code of order of the court decision and initiate their view, to know about the appeals and complaints of complaints, statements of their revision, to apply for them.
6. The representative of the legal entity on which the proceedings are carried out shall also have other procedural rights provided by this Code.
7. A representative of the legal person shall:
1) to be called to the investigator, the prosecutor, the investigating judge, the court, and in the case of an impossibility of timely arrival-prematurely to report on this, as well as the causes of the impossibility of arrival;
(2) Not to prevent the setting of the circumstances of committing a criminal offence;
(3) Not to be disclosed without the permission of the investigator, the prosecutor, the court of information that has become known in relation to the participation of criminal proceedings and which are protected by the law of the mystery ";
4) paragraph 1 of part 2 of the Article 65 After the words "civil respondent", add the words "the legal entity to which the proceedings are carried out";
5) third article 89 , first part , paragraph of the first and first sentence of the paragraph of another Third Article 93 , Article 5 of Article 95 , first sentence parts of third and part of the sixth article 99 , first sentence sections of the second article 140 the first sentence of the first article 221 After the word "casualty" in all differences, add "the representative of the legal person on which the proceedings" in the relevant case;
6) first article 91 Complement paragraph 7 of this content:
"(7) The circumstances that are grounds for application to legal entities of a criminal offence";
(7) first article 98 Complement the words "or obtained by the legal entity as a result of the offence of criminal offence";
8) 6 part 9 of article 100 Set out in this edition:
"(6) money, values and other property that are acquired by a physical or legal entity as a result of the offence of criminal offence and/or are income from it, and the property in which they have been completely or partially converted, confiscated";
9) part of the second article 120 Set out in this edition:
" 2. The costs associated with the assistance of the representative of the victim, the civilian plaintiff, the civilian defendant and the legal person on which the proceedings provide legal aid for the treaty is carried by the victim, the civilian plaintiff, Civil respondent, the legal entity on which the proceedings are carried out ";
10) in the first sentence Second Article 122 , paragraph 1 Part of Article 139 and to another sentence sections of first Article 351 The words "civil respondent" in all different words would be replaced by the words "civil respondent, representative of the legal entity on which the proceedings are carried out" in the appropriate case;
11) in Article 170 :
The first sentence of a part of the first after the word "acts" to be supplemented with the words " as well as the legal entity on which the proceedings are done, in case of such a legal person shall be applied to the event of a criminal offence in the form of confiscation Property ";
Part three after the words "legal persons" to supplement the words "and which are in the possession of the legal entity on which the proceedings are carried out";
(12) Paragraph 1 Third Article 171 After the words "accused", add the words "the legal entity to which the proceedings are carried out";
13) in Article 172 :
The first sentence of the part of the first is complemented by the words "representative of the legal person on which the proceedings are carried out"
A part of the second after the words of the "legitimate representative" to be supplemented with the words "representative of the legal entity on which the proceedings are carried out";
(14) part of this article 173 After the word "accused", the words "to the representative of the legal entity on which the proceedings are carried out";
15) in Part 1 of Article 174 :
The first sentence of the paragraph of the first after the words "possession of the property" would be complemented by the words "representative of the legal person on which the failure";
Paragraph 2, the second after the words "possession of the property" should be supplemented with the words "representative of the legal entity on which the proceedings are carried out";
16) Article 214 Add part of the eighth of the following:
" 8. Information on the legal entity on which a criminal law may be applied by investigators or prosecutors to the One Register of Retrial Investigations immediately following the person's notice of suspicion of being committed on behalf of the and in the interest of such a legal entity of any of the crimes prescribed by articles 109, 110, 113, 146, 147, 160, 209, 260, 262, 306, parts first and second article 368 - 3 , parts first and second article 368 - 4 , articles 369, 369 - 2 , 436, 437, 438, 442, 444, 447 Criminal Code of Ukraine , or on behalf of such a legal entity of any of the crimes prescribed by articles 258-258 - 5 The Criminal Code of Ukraine. The investigation of the investigation or prosecutor is not later written to the next working day. The failure of the legal person is carried out simultaneously with the appropriate criminal proceedings in which the person is reported to be suspicious ";
{Subparagraph 16 of section I in the drafting of the Law No. 1207-VII of 15.04.2014 }
17) first article 220 After the words of the "legitimate representative", add the words "a representative of the legal person on which the proceedings are carried out";
18) paragraph 1 Part of the sixth article 223 After the word "the victim", the words "the representative of the legal entity on which the proceedings are carried out";
19) in the first sentence first Article 225 After the words "party of criminal proceedings", add "the representative of the legal person to which the proceedings are carried out" and the word "should" be replaced by the word "have";
20) second sentence Part 4 of Article 280 After the word "victim", it is added to the words "the representative of the legal entity on which the proceedings are carried out";
21) first article 282 Complement the words "the representative of the legal entity on which the proceedings are carried out";
22) in Article 284 :
The name is supplemented with the words "and the failure of the legal person";
after part of the second complement of the new part of this content:
" 3. The failure of the legal person shall be closed if the absence of the absence of the basis for the application of a criminal offence, closing of criminal proceedings, or the adoption of an acquittal of an authorized person a legal entity.
The prosecution of the prosecutor's proceedings take the order, and the court notes it in an acquittal or ruling the law. The decision to close the proceedings against a legal entity can be challenged in the order set up by this Code. "
In this regard, part of the third is to be considered as part of the fourth quarter, nine to nine;
Paragraph 2 of the second part of the sixth edition:
"The copy of the prosecutor ' s ruling on the closure of criminal proceedings and/or proceedings against the legal person is sent to the applicant, the victim, his representative, the suspect, the protector, the representative of the legal person on which the proceedings are carried out";
{Subparagraph 22, paragraph 2, of section I, in the edition of the Law No. 1207-VII of 15.04.2014 }
23) Part 1 , Ninth , first and second sentence Part 10 of Article 290 After the word "casualty" in all differences, add "the representative of the legal person on which the proceedings" in the relevant case;
24) in Article 291 :
part of the second complement paragraph 7 - 1 such content:
" 7 - 1 ) The basis of the application of criminal acts on the legal entity that the prosecutor considers to be established ";
Part of the fourth complement of paragraph 5 of this content:
"(5) reference to the legal entity on which the proceedings shall be concluded: the naming of the legal person, its legal address, the calculation account, identification code, date and place of the state registration";
25) first article 293 Complement the sentence of such content: "If the proceedings are carried out on the legal entity, copies of the indictment and the registry of the materials of the proceedings shall also be provided to the representative of such a legal person";
26) in Article 302 :
In part one, after the word "victim", it is added to the words "a representative of the legal person on which the proceedings are carried out" and the words "do not deny" to replace the words "do not mind";
The first sentence, after the word "the victim", is added to the words "a representative of the legal entity on which the proceedings are carried out";
in the second sentence of the word "suspect and victim" to replace the words "of the suspect, the victim and the representative of the legal person on which the proceedings are carried out";
2 (2) after the word "loss", with the words "a representative of the legal entity on which the proceedings are carried out";
27) in Part 1 of Article 303 :
1 after the words "its protector or the legitimate representative" to be supplemented by the words "representative of the legal entity on which the failure";
Paragraph 2 should be supplemented by the words "representative of the legal entity on which the failure";
" (4) the decision of the Prosecutor to adjourn the criminal proceedings and/or proceedings against a legal person-a complainant, a victim, his representative or a legitimate representative, a suspect, his protector or a legitimate representative, The person on which the proceedings are carried out ";
28) in a paragraph to another sections of the second article 305 The word "fifth" is replaced by the word "sixth";
29) first sentence part of the second article 314 After the words "and its representative", add the words "the representative of the legal person on which the proceedings are carried out";
30) in Article 326 :
The name is supplemented by the words "representative of the legal entity on which the proceedings are carried out";
Add part to the third such content:
" 3. If the trial was not followed by a legal entity from which the prosecution was carried out, the court heard the opinions of the members of the trial, depending on whether it was possible for his absence to find out the circumstances relating to the proceedings. The application to the legal person to take measures of criminal law, decides on the conduct of the trial without him or the postponing of the trial. The Court has the right to impose a monetary deferment on the representative of the legal entity on which the proceedings are carried out, in the order stipulated by the head of this Code ";
31) a part of the second article 337 Complementing the words "initiating a legal entity";
32) second sentence sections of the second Article 338 Complement the words "as well as the representative of the legal entity on which the proceedings are carried out";
33) in Article 339 :
The name is supplemented by the words "the beginning of the proceedings against the legal person during the trial";
first part After the words "consideration is impossible" to supplement the words "and the same for the establishment of a criminal procedure to a legal person", and after the words "original sentence"-the words " and/or the beginning of the proceedings against Legal entity ";
in Part 2 :
The first sentence, after the words "prosecution", complements the words "or the preparation of a representative of a legal entity on which the proceedings are carried out prior to the trial";
The second sentence, after the words "protection", is supplemented with the words "or the representative of the legal person on which the proceedings are carried out", and after the word "prosecution", "or the failure of the legal person";
Part three Complement the paragraph with another such content:
"A new study of evidence already investigated by the court prior to the onset of proceedings against a legal entity is carried out on the petition of a representative of such a legal person only in the case of a conviction of such necessity";
(34) first article 340 Complement the words "as well as the representative of the legal entity on which the proceedings are carried out";
35) in Article 341 :
in the name of the word "and the rejection of the maintenance of the state prosecution" to replace the words "refusal to uphold the state of the prosecution and the beginning of the proceedings against a legal person during the trial";
in the first sentence of part of the first word "or to put forward an additional prosecution", replace the words "to put forward an additional prosecution or initiate a legal entity";
The first sentence of the second after the words "an additional prosecution" would be supplemented with the words "or the beginning of the proceedings against a legal person";
36) eleventh article 352 and second sentence part of the second Article 356 After the words "legitimate representatives", add the words "representative of the legal entity on which the proceedings are carried out";
37) first article 364 Complement the words "representative of the legal entity on which the proceedings are carried out";
(38) first article 368 supplementing paragraph 7 - 1 such content:
" 7 - 1 ) Whether there is grounds for the application to a legal person of measures of a criminal-legal character ";
39) in Part 4 of Article 374 :
Paragraph 1 after the paragraph of the first paragraph to complement the new paragraph of the content:
"The decision to close the proceedings against the legal person".
In this regard, the second is the seventh to be considered third-eighth, respectively.
Paragraph 2, after paragraph 5, add a new paragraph to the following:
"The decision to apply to a legal entity of a criminal offence".
In this regard, the 6th and 6th paragraphs of the 6th and 6th are considered to be the seventh and eighteenth paragraphs.
(40) in Article 376 :
The first sentence of a part of the third after the words "his representative" would be supplemented with the words "a representative of a legal entity on which the proceedings are carried out";
the first sentence of the part of the fourth posting in this edition:
" 4. If the accused, a representative of the legal entity on which the prosecution is carried out, does not own the state language, then after the proclamation of the verdict, the interpreter clears the contents of the resolution part of the judicial decision ";
The second sentence of the part of the sixth, after the word "accused", is said with the words "a representative of the legal entity on which the proceedings are carried out";
(41) first article 393 supplementing paragraph 9 - 1 such content:
" 9 - 1 ) a representative of the legal entity on which the proceedings are carried out, in a part relating to the interests of the legal person ";
(42) first article 425 Complement paragraph 10 of this content:
"(10) A representative of the legal entity on which the failure is carried out," in part pertaining to the interests of the legal person ";
43) in Article 469 :
Part of the third complement of the sentence of such a content: " A declaration of reconciliation in criminal proceedings against the authorized person of the legal person who committed criminal offences, in relation to which the proceedings against the legal person are carried out, not allowed ";
Second sentence of the fourth sentence in this edition: " A statement of the agreement on the recognition of the perpetrators in criminal proceedings against the authorized person of the legal person who committed criminal offence, in relation to which the proceedings are due on the legal person, as well as in criminal proceedings, in which the victim is involved, is not allowed. "
3. Article 2 Law of Ukraine "On ensuring the safety of persons involved in criminal proceedings" (Information of the Verkhovna Rada of Ukraine, 1994, No. 11, p. 51; with changes made by the Law of Ukraine dated 13 April 2012 No. 4652-VI) to supplement " - 1 " such content:
" g - 1 ) a representative of the legal entity on which the proceedings are carried out. "
{Paragraph 4 of section I lost the validity of the Act No. 1700-VII of 14.10.2014 }
1. This Act will take effect from the moment of entry into force The Law of Ukraine "On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine" .
{Paragraph 1 of section II in the revision of the Law No. 1207-VII of 15.04.2014 }
2. The Cabinet of Ministers of Ukraine in a six-month period from the day, the day after the day of publication of this Act:
To amend the Verkhovna Rada of Ukraine to amend the proposal to bring legislation into compliance with the Act;
To bring their legal and legal acts into compliance with the Act;
To ensure that the Act is aligned with the Law of the Law of the Ministry and other central executive bodies.
3. To recommend the Prosecutor General's Office of Ukraine for six months from the day, the next day of publication of this Act, to bring its regulatory and legal acts into compliance with the Act.
