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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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C A C U A TO R S
Ratification of the Second Additional Protocol
to the European Convention on Mutual Assistance
in criminal cases
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 50, pp. 545)

Verkhovna Rada of Ukraine Oh, I am. :
Ratify the Second Optional Protocol to the European
the Convention on Mutual Assistance in Criminal Matters ( 994_518 )
(added) signed on behalf of Ukraine on 8 November 2001
Um ... Strasbourg and which takes effect on the first day of the month that
becomes after the end of the three-month period from the date of surrender
Ukraine on the storage of its ratification, with such claims
and reservations:
(1) To Article 3:
by the authority under paragraph 2 of the
Article 11 of the Convention 995_036 ) in Article 3 of the Other
additional protocol ( 994_518 ), is the Ministry of Justice of Ukraine
(on trial proceedings) and the Attorney General's Office
Ukraine (in cases of pre-trial investigation);
(2) To Article 4:
in cases defined by paragraphs 1, 2 and 5 of Article 15 of the Convention
( 995_036 ) in Article 4 of the Second Additional Protocol
( 994_518 ), if not used idle communication channels,
The Court of Investigation is sent to the
Ministry of Justice of Ukraine, and requests at the pre-trial stage
-Prosecutor General's Office of Ukraine.
Direct sending of requests for mutual legal
Assistance according to paragraphs 1, 3 (except for the request of administrative
bodies) and 5 articles 15 of the Convention 995_036 ) in the wording of Article 4
Other additional protocol ( 994_518 ) is done in
Major Justice Administration (in cases at the trial stage)
and through the Attorney ' s Office of the regional level (in cases at the
(...) (...)
Competent authorities for immediate receipt of prohan.
on the basis of paragraph 6 of Article 15 of the Convention ( 995_036 ) in edition
Article 4 of the Second Additional Protocol 994_518 ) In Ukraine
Courts that have formed the years in a particular case.
Under paragraph 8 of Article 15 of the Convention
( 995_036 ) in Article 4 of the Second Additional Protocol
( 994_518 ) Ukraine leaves the right to request
administrative bodies, mentioned in paragraph 3 of Article 1 and
Paragraph 3 of Article 15 of the Convention in the Drafting of this Protocol
( 994_518 ) when they are sent to the Attorney General
Ukraine.
Under paragraph 9 of Article 15 of the Convention ( 995_036 ) in
Revision of Article 4 of the Second Additional Protocol 994_518 )
Ukraine agrees to accept and fulfill requests
the help of electronic or other means of communication, provided that
The asking Party guarantees the non-deferred provision of written
This is the original request. Execution of materials resulting from execution
Such a request shall be requested by the requesting Party only after
The originality 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
Other additional protocol ( 994_518 ) "Judiciary"
Ukraine considers the courts of general jurisdiction, prosecutors of all levels
And the organs of the pre-trial investigation;
(4) to Article 11, paragraph 4:
Ukraine leaves the right to not be bound by conditions,
established by the Party providing information, according to
2 Article 11 of the Second Additional Protocol 994_518 ), if
She'll never get a message on the nature of the information
Which is given, and will not give consent to the transfer of such information;
(5) Under article 13, paragraph 7:
Ukraine declares that the consent of the person in paragraph 3
Article 13 of the Second Additional Protocol ( 994_518 ), must be
received prior to the agreement between the competent authorities
According to paragraph 1 of this article;
(6) To Article 16:
paragraph 2 of Article 33 of the Second Additional
Protocol 994_518 ) Ukraine declares that she enjoys the right
Not adopt Article 16;
(7) to Article 17:
paragraph 2 of Article 33 of the Second Additional
Protocol 994_518 ) Ukraine declares that she enjoys the right
Not adopt Article 17;
(8) to Article 18, paragraph 4:
for the purposes of Article 18 of the Second Additional Protocol ( 994_518 )
In Ukraine, the competent authorities are departments of the Ministry
Interior Affairs of Ukraine, Security Service of Ukraine and the State
Border service of Ukraine;
(9) to Article 19:
paragraph 2 of Article 33 of the Second Additional
Protocol 994_518 ) Ukraine declares that she enjoys the right
Not adopt Article 19;
(10) to Article 20:
in Ukraine that accepts the decision to create
a joint investigation group according to Article 20 of the Other Additional
Protocol 994_518 ), is the Prosecutor General of Ukraine;
(11) Under paragraph 5 of Article 26:
Ukraine declares that the other Party's personal data are transferred
could not last without prior consent
Ukraine for the purposes specified in paragraph 1 of Article 26 of the Second
additional protocol ( 994_518 ), as part of the proceedings against which the
Ukraine may refuse or set limits on transfer or
using personal data according to the Convention ( 995_036 )
or Protocols ( 995_037 , 994_518 ) to her.

President of Ukraine V. YASUKOVIC
Um ... Kiev, 1 June 2011
N 3449-VI