On Ratification Of The Second Additional Protocol To The European Convention On Mutual Assistance In Criminal Matters

Original Language Title: Про ратифікацію Другого додаткового протоколу до Європейської конвенції про взаємну допомогу у кримінальних справах

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/3449-17

                                                          
With a k o n u r as th h s of ratification of the second additional protocol to the European Convention on mutual assistance in criminal matters (the Supreme Council of Ukraine (BD), 2011, N 50, 545), the Verkhovna Rada of Ukraine about with t and o in l I have: to ratify the second Optional Protocol to the European Convention on mutual assistance in criminal matters (994_518) (attached) signed on behalf of Ukraine on November 8, 2001. Strasbourg and which comes into force on the first day of the month that begins after the end of the three month period from the date of putting Ukraine on its ratifìkacìjnoï certificates, of such statements and caveats: 1) to the article 3: organs to which the powers vested under paragraph 2 of article 11 of the Convention (995_036) in the wording of article 3 of the second additional Protocol (994_518) is the Ministry of Justice of Ukraine (in cases under judicial investigation) and the Prosecutor General of Ukraine (in cases at the stage of pre-trial investigation);
2) to article 4: in the cases specified in paragraphs 1, 2 and 5 of article 15 of the Convention (995_036) in the wording of article 4 of the Second Additional Protocol (994_518) if not used direct channels of communication requests for on the stage of a judicial investigation will be sent to the Ministry of Justice of Ukraine, as requested at the stage of pretrial investigation-General Prosecutor's Office of Ukraine.
Direct sending requests for mutual legal assistance in accordance with paragraphs 1, 3 (except for the requests of administrative authorities) and 5 of article 15 of the Convention (995_036) in the wording of article 4 of the Second Additional Protocol (994_518) is carried out through the main administration of Justice (in cases under judicial investigation) and Office of public prosecutor of the regional level (in the cases at the stage of pre-trial investigation).
Competent authorities for immediate receipt of requests on the basis of paragraph 6 of article 15 of the Convention (995_036) in the wording of article 4 of the Second Additional Protocol (994_518) in Ukraine, there are courts that have sentences in a particular case.
In accordance with subitem "d" paragraph 8 of article 15 of the Convention (995_036) in the wording of article 4 of the Second Additional Protocol (994_518) Ukraine reserves the right to carry out the request of the administrative organs of the parties referred to in paragraph 3 of article 1 and paragraph 3 of article 15 of the Convention in this Protocol (994_518), when they are sent to the General Prosecutor of Ukraine.
In accordance with paragraph 9 of article 15 of the Convention (995_036) in the wording of article 4 of the Second Additional Protocol (994_518) Ukraine agrees to accept and execute requests received by electronic or other means of communication, provided that the zapituûča Side guarantees the urgent provision of writing the original of this request. Materials obtained as a result of the fulfillment of such a request will be zapituûčìj Side only after receipt of the original request;
3) to article 6 for the purposes of article 24 of the Convention (995_036) in the wording of article 6 of the second additional Protocol (994_518) "judicial authorities" Ukraine considers the courts of general jurisdiction, prosecutors of all levels and bodies of the pre-trial investigation;
4) paragraph 4 of article 11: Ukraine reserves the right not to be linked to the conditions established by the party providing the information, in accordance with paragraph 2 of article 11 of the second additional Protocol (994_518), if it was previously notified of the nature of the information provided, and does not give consent to the transmission of such information;
5), paragraph 7 of article 13: Ukraine declares that the consent of the person that referred to in paragraph 3 of article 13 of the second additional Protocol (994_518) must be received prior to the achievement of agreements between the competent authorities in accordance with paragraph 1 of this article;
6) article 16: in accordance with paragraph 2 of article 33 of the second additional Protocol (994_518) of Ukraine States that it enjoys the right not to accept article 16;
7) article 17: in accordance with paragraph 2 of article 33 of the second additional Protocol (994_518) of Ukraine States that it enjoys the right not to accept article 17;
8) to item 4 article 18: for the purposes of article 18 of the second additional Protocol (994_518) the competent authorities are the divisions of the Ministry of Internal Affairs, the security service of Ukraine and the State border service of Ukraine;
9) article 19: according to paragraph 2 of article 33 of the second additional Protocol (994_518) of Ukraine States that it enjoys the right not to accept article 19;
10) to article 20: in Ukraine, the body that decides on the creation of joint investigative teams in accordance with article 20 of the second additional Protocol (994_518), is the General Prosecutor of Ukraine;
11) paragraph 5 of article 26: Ukraine declares that transferred to the other side of personal data may not be the last without the prior consent of Ukraine for the purposes mentioned in paragraph 1 of article 26 of the second additional Protocol (994_518), in the framework of the proceedings for which Ukraine may refuse or restrict the transfer or use of personal data under the Convention (995_036), or Protocols (995_037 , 994_518).

President of Ukraine Viktor Yanukovych Kiev, June 1, 2011 3449 N-VI