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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Insider Information

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо інсайдерської інформації

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C A C U A TO R S
About making changes to some
legislative acts of Ukraine
information on insider information
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 44, pp. 471)

Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the following legislative acts of Ukraine:
1. Article 163-9 of the Code of Ukraine on Administrative
Law enforcement 80731-10 ) (Information of the Supreme Council of the Ukrainian SSR,
1984, addition to N 51, pp. 1122):
1) the paragraph of the first set in this edition:
" Intentional illegal disclosure, transfer or provision of access.
to insider information, and likewise the provision of use.
such information concerning acquisition or alienation
Securities or derivatives (derivatives), as well as
using insider information on their own benefit or on
the benefit of other persons of offenders directed to the acquisition or
alienation of securities or derivatives (derivatives), which
"concerns the insider information," ";
(2) To complement the following content:
" Notes. Persons who committed the actions prescribed by this
article, understood: the officials of the emitten, including those,
who were the officials of the emitant at the time of the meeting with
insider information; persons who have access to
Insider information in relation to the execution of the labour force
(service) duties or contractual obligations independently of
relationships with emitten, including professional and professional
Participants of the stock market; civil servants who are known
insider information as a result of the execution of them
Persons who have become acquainted with the insider
information in a non-legal way; auditors, notaries, experts,
evaluators, arbitration controls or other individuals to perform granted
The law of public authority. "
2. Article 232-1 of the Criminal Code of Ukraine 2341-14 )
(Information of the Verkhovna Rada of Ukraine, 2001, N 25-26, art. 131):
1) part of the first to replace two parts of this content:
" 1. Intentional illegal disclosure, transfer or delivery
access to insider information, and the same as providing
use of such information on the recommendations concerning the acquisition or
alienation of securities or derivatives (derivatives) if it is
led to the receipt of a person who committed the meaning of the action, or
the third persons of unjustified profit in a significant amount, or
avoidance of a stock market or third persons
damage, or if it caused significant harm to protected law.
rights, freedoms and interests of individual citizens or public or
public interest, or the interests of legal entities,-
Punishable by a fine of seven hundred and fifty to two thousand
Non-tax income minimums of income citizens or by limitation of will
for up to three years, with devoid of right to embrace certain
Position or engage in specific activities up to three years or
Without that.
2. Clean up using insider information on the computer
your own benefit or in favor of other persons of offenders directed at
to purchase or alienate securities or derivatives
(derivatives), which concerns insider information if it is
led to the receipt of a person who committed the meaning of the action, or
the third persons of unjustified profit in a significant amount, or
avoidance of a stock market or third persons
damage, or if it caused significant harm to protected law.
rights, freedoms and interests of individual citizens or public or
public interest, or the interests of legal entities,-
Punishable by a fine of seven hundred and fifty to two thousand
Non-tax income minimums of income citizens or by limitation of will
for up to three years, or devoid of the will of the two
years, with devoid of right to hold certain positions or engage
a certain activity for up to three years or without such a thing. "
In this regard, part of the second is considered part of the third;
2) in part three:
the paragraph of the first edition:
" 3. Actions predicted by parts of the first or second of this article,
were committed again or by the previous statement by a group of persons, or if
Such actions have caused serious consequences, "
the paragraph second after the words " limited to the will of the two to
five years "complemented by words" or devoid of the will of the same
rows ";
3) complement part of the fourth such content:
" 4. Actions predicted by parts first-the third of this article,
if they are committed by an organized group,-
Punishable by imprisonment for two to five years
Deprived of the right to hold certain positions or engage in a certain way
activities of up to three years and with confiscation of property or without
such ";
4) in the note:
Item 1 of the Board of Editors:
" 1. Significant size (significant damage, significant damage) in this area
the article is considered size (damage, sorry), which is five hundred and more
The number of untaxed minimum income is exceeded. "
Complement paragraph 3 of this content:
" 3. Under the persons who committed the actions prescribed by this article,
understand: the officials of the emitant, including those that were
Emitant officials at the time of familiarity with insider trading
information; individuals who have access to insider information in the
communication with the execution of the labour (service) obligations or
Contractual obligations, regardless of the relationship with the emitten, in
including employees of professional stock market participants;
Public servants who are known to insider information as a result of
the execution of them (service) duties; persons who
Have become acquainted with insider information by a non-legal way;
auditors, notaries, experts, evaluators, arbiters, or
Other persons who are exercised by the public authority ".
3. Paragraph 12 of the first article 11 of the Law of Ukraine " On
government regulation of securities market in Ukraine " ( 448 /96-PL )
(Information of the Verkhovna Rada of Ukraine, 1996, N 51, p. 292;
2009, N 23, pp. 278) to read:
" 12) intentional illegal disclosure, transfer or delivery.
access to insider information (except for the disclosure of the insider
information within the execution of professional, labour or service
responsibilities and other cases prescribed by the law), and
providing the use of such information on the
acquisition or alienation of securities or derivatives (derivatives),
as well as a study using insider information on
your own benefit or in favor of other persons of offenders directed at
to purchase or alienate securities or derivatives
(derivatives), which concerns insider information,-
in size from ten to fifty thousand untax dollars.
minimum income of citizens or up to a hundred and fifty
percent of revenue (s) received as a result of these actions.
For the same actions, committed again within a year,-
in size from fifty to 100 thousand intaxable.
minimumms of income citizens or in size from 100 to
three hundred percent to profit (s) received in
the result of these actions ".
4. In the Law of Ukraine "On Securities and Stock Market"
( 3480-15 ) (Information of the Verkhovna Rada of Ukraine, 2006, N 31,
Oh, (268):
(1) Article 44 is set out in such an editorial:
" Article 44. Insider information
1. Insider information-unpublished information about the
The emitent, its securities and derivatives (derivatives), which
are in circulation on the stock exchange, or right about them, in
if publishing such information can significantly affect the
the cost of securities and derivatives (derivatives), and which is subject to
published in accordance with the requirements established by this Act.
2. Information on the cost estimate of the securities of a/or
The financial and economic state of the emitten, if it is obtained
solely on the basis of published information or information from others
public sources not banned by legislation, no law
Insider information.
3. Information is not considered insider from the moment of its
"Publication in accordance with the law";
(2) In Article 45:
in part one:
in the paragraph of the first word "Insiders" in replace by the words " Osya,
which owns the insider information ";
the paragraph second and fourth after the words "securities"
Complement the words "and derivatives (derivatives)";
a part of the second teaching in such an editorial:
" 2. The stock exchange must inform the State Commission of
Securities and Stock Market on Securities Transactions
and/or derivatives (derivatives) which are carried out on such
stock exchange, in case there is a suspicion in that during
Such operations are used or may be implemented
Use insider information ";
A third exception.
Due to this, part of the fourth is considered to be part of the third.
II. This Act will take effect from the day, next in the day
publish.

President of Ukraine V. YASUKOVIC
Um ... Kiev, 22 April 2011
N 3306-VI