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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine On Ensuring The Activity Of The National Anti-Corruption Bureau Of Ukraine And The National Agency For The Prevention Of Corruption

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо забезпечення діяльності Національного антикорупційного бюро України та Національного агентства з питань запобігання корупції

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LAW OF UKRAINE

On Amendments to Some Legislative Acts of Ukraine on the activities of the National Anti-Corruption Bureau of Ukraine and the National Agency for the Prevention of Corruption

(Information of the Verkhovna Rada (VR), 2015, No. 17, pp. 118)

{With changes under the Act
No. 336-VIII from 21.04.2015 , BBR, 2015, No. 25, pp. 199}

Verkhovna Rada of Ukraine Orders:

I. Amend the following legislative acts of Ukraine:

1. In Codes of Ukraine on administrative offences (Information from the Supreme Council of the Ukrainian SSR, 1984, appendix to No. 51, st. 1122):

1) in Part One Article 15, the words "committing corruption offences" to be replaced by the words "committing offences related to corruption";

2) Part three Article 38:

" Administrative charge for committing offences related to corruption, as well as the offence prescribed by Article 164 - 14 this Code can be imposed for three months from the day of its detection, but not later than two years from the day of his study ";

3) in first paragraph Part 5 of Article 166 - 11 The words "annual recipient (annual recipients)" are replaced by the words "the ultimate beneficiary of the holder (controller)";

(4) complement article 185 - 13 such content:

" Article 185 - 13 . Non-compliance of the legal requirements of officials of the National Anti-Corruption Bureau of Ukraine

Disregard of information by the National Anti-Corruption Bureau of Ukraine on request by its officials, whether or not in full disclosure, violation by the law of the lines of its granting, the message of third persons concerning the They are going to make such information, or not perform other legal requirements of the officials of the National Anti-Corruption Bureau of Ukraine-

-To impose a fine of two hundred and fifty hundred to four hundred untax income minimum income.

The same actions committed by a person who had been subjected to an administrative violation during the year was a violation.

Thrust the fines of the four hundred to six hundred untaxable minimum income minimum income ";

5) Article 221 after numbers " 185 - 11 " supplementing digits " 185 - 13 ";

6) in part of the first article 255:

(a) In paragraph 1:

in the paragraph " Bodies of the Security Services of Ukraine (article 164 (in part, relating to the offences in the field of economic activity, which is issued by the Service), articles 172 - 4 -172 - 9 , 195 - 5 , 212 - 2 (except paragraph 9 of the first part), 212 - 5 and 212 - 6 ) "figures" 172 - 4 -172 - 9 " exclude;

" The National Agency for the Prevention of Corruption (Article 188 - 46 (a) To read:

National Agency for Prevention of Corruption (Article 172) - 4 -172 - 9 Article 188 - 46 ) ";

Complement the paragraph with this content:

National Anti-Corruption Bureau of Ukraine (Article 185) - 13 ) ";

(b) In paragraph 11 digits " 172 - 4 -172 - 9 " exclude.

2. In Penal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2001, No. 25-26, art. 131):

1) annotation to Article 45, to be taught in such an editorial:

" Notes. Corruption crimes according to this Code are considered crimes prescribed by articles 191, 262, 308, 312, 313, 320, 357, 410, in the case of their commit by the abuse of service, and crimes prescribed by articles 210, 354, 364, 364 - 1 , 365 - 2 , 368-369 - 2 "This Code";

2) in Article 354 :

a) Part 5 Set out in this edition:

" 5. The person who offered, promised or provided wrongful benefits, is exempt from criminal responsibility for crimes prescribed by articles 354, 368. - 3 , 368 - 4 , 369, 369 - 2 in this Code, if, after offering, promises or granting wrongful benefits, it is to obtain from other sources of information about this crime, a civil servant who is in accordance with the law to report on suspicion of suspicion. What happened, such an organ and actively contributed to the revelation of the crime committed by a person who had received a non-legal benefit or accepted her offer or promise. The stated exemption is not applicable if the proposal, the promise or the provision of misconduct was committed against the persons identified in part four of Article 18 of this Code ";

b) in note to the article:

para. 1 Set out in this edition:

" 1. Under the person who works in favor of the enterprise, the institutions, organizations need to understand the person who does the work or provides a service according to the treaty with such an enterprise, institution, organization ";

in Paragraph 2 Words and figures "exceeding the 1.5 untaxable minimum income of citizens, or tangible assets", replace "intangible assets, any other benefits of intangible or non-monetary character";

3) in note to Article 364 - 1 :

Numerals " 368 - 2 -368 - 4 " exclude;

After the words "tangible assets", add the words "any other benefits of intangible or non-monetary";

(4) Text Article 368 - 2 Set out in this edition:

" 1. A person authorized to fulfill the functions of a state or local government, property of assets in considerable size, legality of the basis of which is not confirmed by the evidence, but also the transfer of such assets to any other person-

Punishable by imprisonment for up to two years of imprisonment, to hold certain positions or to engage in specific activities for up to three years, with special confiscation and property confiscation.

2. The same acts committed by a service person who occupies a responsible position.-

Punishable by imprisonment between two and five years of imprisonment, to hold certain positions or to engage in specific activities for up to three years, with special confiscation and property confiscation.

3. The deeds prescribed by the first of this article are committed by a service person who occupies a particularly responsible,-

Punishable by imprisonment for five to ten years of imprisonment, to hold certain positions or to engage in specific activities for up to three years, with special confiscation and property confiscation.

Note 1. Persons authorized to perform the functions of the state or local government are individuals identified in the Paragraph 1 Part of Article 3 of the Law of Ukraine "On Prevention of Corruption".

Under the assets of significant size in this article, monetary funds or other property are understood, as well as income from them, if their size (value) exceeds one thousand untaxable minimum income of the citizens.

3. Under the transfer of assets in this article, there is an understanding of any legal entities whose ownership or the right to use of assets, as well as giving another person of money or other property to the conclusion of such offences ";

5) Part 5 Article 368 - 3 and a note to this article to exclude;

6) Part 5 articles 368 - 4 and 369 exclude;

(7) first paragraph part of the first Article 370, to be published in this edition:

" 1. A provocation, that is, the actions of an official person to offer, promise, or to provide for wrongful benefits or to accept proposals, promises or to receive such a benefit, to be able to expose to those who have offered, promised, "The benefits of or accepting the offer, the promise or the benefits of such a benefit".

3. In Article 64 - 1 The Economic Code of Ukraine (Verkhovna Rada of Ukraine, 2003, No. 18-22, art. 144):

in the title and text of the article, the word "annual recipient" in all differences is replaced by the words "beneficiary owner (controller)" in the appropriate case;

in second paragraph a part of the first word "or financing terrorism" to replace "the financing of terrorism and the financing of the proliferation of weapons of mass destruction".

4. Chapter III Civil Procedure Code of Ukraine (Supreme Council of Ukraine, 2004, No. 40-42, art. 492) complement the chapter 9 of this content:

" Chapter 9
THE FEATURES OF DISGRACEFUL FAILURE IN CASES OF RECOGNITION OF UNJUSTIFIED ASSETS AND THEIR EXTRACTING

Article 233 - 1 . Subject to the recognition of unsubstantiated assets and riveting

1. The case of recognition of unjustified assets and their forfeiture from defined in this article is served in the interest of the state by the prosecutor for a line of the general conscription of the day of the case of the lawful force of the accused by the indictment of the person; Authorized to perform the functions of the state or local government.

2. The basis of recognition of non-soil assets and their ripping may be brought to:

(1) the person authorized to perform the functions of the state or local government, with respect to the legal force of the indictment for committing a corruption offence or to legalize the income obtained by criminal record;

2) of the person associated with the person specified in this part, is the legal person who is the owner (user) of the property on which there is evidence that it is received or that it is used or ordered (disordered) in paragraph 1 of this part.

In the case of a lawsuit against a person specified in paragraph 1 of this part, the prosecutor takes measures to establish property, which there is evidence that it is obtained by a person specified in the item 1 of this part, or that it is used or I think it's time to get away with that. In the event of establishing such property, binding is also a lawsuit against a legal entity that is its owner (user).

3. For the purposes of this chapter:

(1) the term "assets" means money or other property, as well as income from them;

2) persons authorized to perform the functions of the state or local government are persons listed in the Paragraph 1 Part of Article 3 of the Law of Ukraine "On Prevention of Corruption".

Article 233 - 2 . Recognition of unsubstantiated assets

1. The Court recognizes unsubstantiated assets if the court on the basis of evidence of evidence is not established that the assets or money needed to purchase assets under which the claim to recognize them unsubstantiated were acquired on a legal basis.

Article 233 - 3 . Legal consequences of the recognition of assets unsubstantiated

1. Assets recognized by the court in accordance with Article 233 - 2 This Code is unsubstantiated, they are levied into the state's income.

2. If the court is in accordance with Article 233 - 2 This Code recognizes the unreasonable portion of the assets, and a portion of the respondent's assets are levied in the return of the state, which is deemed unreasonable, and in case of the impossibility of such a part, its value.

3. In case of impossibility of paying a levy on assets deemed unwarranted, the defendant relies on a duty to pay the value of such assets.

4. The burden on the income state of the assets recognized by the court is unsubstantiated, is carried out in the order established Law of Ukraine "About Performance".

5. In Criminal Procedure Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2013, No. 9-13, pp. (88):

1) in Paragraphs 8 and 17 sections of first Article 3 "The National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, will replace the words" of the State Bureau of Investigation, the unit of detectives, the unit of internal control of the National Anti-Corruption Bureau of Ukraine ";

2) first paragraph Part 9 of Article 31 is set out in this edition:

" 9. Criminal proceedings against the President of Ukraine, the power of which was suspended, the Prime Minister of Ukraine, members of the Cabinet of Ministers of Ukraine, the first deputies and deputy ministers, people's deputies of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine from Human Rights, Director of the National Anti-Corruption Bureau of Ukraine, members of the National Agency for Prevention of Corruption, Attorney General of Ukraine, his first deputy or deputy, Chairman of the Constitutional Court of Ukraine, his deputy of the Constitutional Court of Ukraine, the President of the Supreme Court Ukraine, its first deputy, deputy or judge of the Supreme Court of Ukraine, heads of higher specialized courts, their deputies, or judges of higher specialised courts, the Head of the National Bank of Ukraine, its first deputy or deputy, The President of the United States of America, and on the prosecution of the investigation into the investigation of the National Anti-Corruption Bureau of Ukraine, is carried out ";

3) first part Article 38:

" 1. The authorities of the pre-trial investigation (bodies carrying out knowledge and pre-trial investigation) are:

(1) Investigators have:

(a) Internal affairs;

(b) Security authorities;

(b) The authorities to supervise the cost of tax law;

(g) State Bureau of Investigation bodies;

2) a unit of detectives, a unit of internal control of the National Anti-Corruption Bureau of Ukraine ";

4) in Article 41 :

(a) Part of the first addition to the words " a unit of detectives, the operational technical unit and the internal control unit of the National Anti-Corruption Bureau of Ukraine-according to a written statement by the detective or the prosecutor of the Specialized Anti-Corruption "The prosecution";

(b) Part two after the words "Cooperation of operational units" to be supplemented with the words "(apart from the unit of detectives, the unit of internal control of the National Anti-Corruption Bureau of Ukraine)";

5) part two Article 52 shall complement paragraph 9 of this content:

"9) in the event of an agreement between the prosecutor and the suspect or the accused of the recognition of the perpetrators-since the initiation of such an agreement";

6) Part 9 Article 100 complement new paragraph 6 - 1 such content:

" 6 - 1 ) Property (money or other property, as well as income from them) convicted of committing corruption, legalization (laundering) of criminal income, of related persons, confiscated, if the case has not been confirmed in court. Getting right on that property.

The accused persons of the accused are the legal individuals who have been granted ownership or use of the designated property.

If the court acknowledges the lack of legal grounds for the rights of the property, this part of the property is confiscated, and in the case of the impossibility of such a part, its value. In case of impossibility of confiscation of property, the legality of the grounds of the rights to which was not confirmed, the conviction relied upon the duty to pay the value of such property ";

7) in Part One Article 159 of the words "in the case of an appropriate decision by the investigation by the judge, the court" to exclude;

8) paragraph 2 part of the second article 170 to replace two new paragraphs of this content:

" In emergency cases and solely with the purpose of preserving material evidence or ensuring possible confiscation or special confiscation of property in criminal proceedings against severe or particularly serious crime by the decision of the Director of National The anti-corruption bureau of Ukraine (or his deputy), a agreed prosecutor, may impose a previous arrest on the property or funds on the accounts of physical or legal persons in financial institutions. Such measures are applied to 48 hours. It is unflattering after taking such a decision, but not later than within 24 hours, the prosecutor addresses the judge with a petition to arrest the property.

If the term prosecutor did not appeal to the investigating judge to investigate the arrest of property or if the satisfaction of such a petition was denied, the previous arrest on the property or funds was deemed to be repealed, and deleted property or funds. Immediately return to the person ";

9) first part Article 208 complement the paragraph with the fourth such content:

" (3) if there are substantiated reasons to believe that a possible escape is possible for the purpose of eviction from criminal liability of a person suspected of committing a grave or particularly serious corruption offence taken by the law prior to the investigation of the National The Anti-Corruption Bureau of Ukraine ";

10) Article 216 Set out in this edition:

" Article 216. Subtracking

1. The internal affairs of the bodies of the interior shall be carried out by a judicial investigation into the criminal offences prescribed by the Law of Ukraine on criminal liability other than those involved in the investigation of other bodies of the pre-trial investigation.

2. Investigative security agencies undertake a pre-judicial investigation of crimes foreseen in the Articles 109 , 110 , 111 , 112 , 113 , 114 , 201 , 265 - 1 , 305 , 328 , 329 , 330 , 332 , 332 - 1 , 333 , 334 , 359 , 422 , 436 , 437 , 438 , 439 , 440 , 441 , 442 , 443 , 444 , 446 , 447 The Criminal Code of Ukraine.

When investigating crimes that are predicted Articles 328 , 329 , 422 Criminal code of Ukraine, there will be established crimes foreseen Articles 364 , 365 , 366 , 367 , 425 , 426 The Criminal Code of Ukraine, committed by the person involved in a pre-judicial investigation, or another person, if they are related to crimes committed by the enforcement investigation, they are investigated by the investigators. In other words, when these crimes are reported to be under the investigation of the National Anti-Corruption Bureau of Ukraine.

3. Investigative authorities to supervise tax law, undertake pre-judicial investigation of crimes committed by articles 204 , 212 , 212 - 1 , 216 , 219 The Criminal Code of Ukraine.

If the investigations of the alleged crimes will be established, the crimes stipulated Articles 192 , 200 , 205 , 222 , 222 - 1 , 358 The Criminal Code of Ukraine, committed by the person involved in a pre-judicial investigation, or another person, if they are related to crimes committed by the pre-trial investigation, they are investigated by investigators, Exercising control of the tax law.

4. Investigative authorities of the State Bureau of Investigation, in addition to the cases prescribed by the Fifth of this article, carry out a pre-judicial investigation of criminal offences committed by officers who occupy a particularly responsible position. part of first Article 9 of the Law of Ukraine "On State Service", persons whose positions are assigned to the first-third categories of civil service, judges and law enforcement officers.

Investigators of the State Bureau of Investigation are also investigating criminal offences committed by officials of the National Anti-Corruption Bureau of Ukraine, prosecutors of the Special Anti-Corruption Prosecutor ' s Office, other than When a pre-trial investigation of criminal offences is attributed to the investigation of the Internal Control Unit of the National Anti-Corruption Bureau of Ukraine, which is part of the fifth article.

5. Detectives of the National Anti-Corruption Bureau of Ukraine undertake a preliminary investigation of crimes foreseen in the Articles 191 , 206 - 2 , 209 , 210 , 211 , 354 (on public law workers), 364 , 368 , 368 - 2 , 369 , 369 - 2 , 410 The Criminal Code of Ukraine, if available at least one of the following conditions:

(1) The offence is committed:

President of Ukraine, whose powers are suspended, the People's Deputy of Ukraine, the Prime Minister of Ukraine, member of the Cabinet of Ministers of Ukraine, the first deputy and deputy minister, the Head of the National Bank of Ukraine, its first deputy and Deputy, member of the Council of the National Bank of Ukraine, Secretary for the National Security and Defense of Ukraine, its first deputy and deputy;

Civil servant, who is placed in the first and second categories of office, person of which is equal to the first and second categories of the office of public service;

The deputy of the Supreme Council of the Autonomous Republic of Crimea, the deputy of the regional council, the city council of the cities of Kiev and Sevastopol, the official state of the local government, the post of which is placed in the first and second categories of posts;

Judge of the Constitutional Court of Ukraine, judge of the Court of General Jurisdiction, People's Court or Jury (during the execution of these functions), Chairman, members, disciplinary inspectors of the Higher Qualification Committee of Judges of Ukraine, Chairman, Deputy Chairman, Secretary of the Council of Justice, another member of the Supreme Justice Council;

Prosecutor General of Ukraine, his deputy, Assistant to the Prosecutor General of Ukraine, Prosecutor of the Prosecutor General of Ukraine, Investigative General of the Prosecutor General of Ukraine, head of the structural unit of the Prosecutor General of Ukraine, The Prosecutor of the Autonomous Republic of Crimea, the cities of Kyiv and Sevastopol, the region and his deputy, the head of the structural unit of the Prosecutor's Office of the Autonomous Republic of Crimea, Kiev and Sevastopol, region;

Special Chief of Internal Affairs, State Criminal and Executive Service, bodies and civil protection units, officials of the Customs Service assigned to the special rank of State Advisor of the Tax and Customs The rank of office of the State Tax Service, which is awarded the special rank of the State Council of the Tax and Customs Affairs of the 3rd rank and above;

Military personnel of the Armed Forces of Ukraine, Security Service of Ukraine, State Border Service of Ukraine, State Special Transport Service, National Guard of Ukraine and other military formations The laws of Ukraine;

The head of a large enterprise subject, in the capital of which the proportion of state or communal property exceeds 50 per cent;

(2) the size of a crime or injury in five hundred and more times the size of the minimum wage established by law at the time of the offence (if the offence is committed by a public body, law enforcement, The military formation, the authority of local government, the subject of the household, in the capital capital of which is the proportion of public or communal property);

3) crime, predicted Article 369 , part of first Article 369 - 2 The Criminal Code of Ukraine is committed to the serviceman defined in the Part 4 article 18 of the Criminal Code of Ukraine or in paragraph 1 of this part.

The prosecutor, who oversees pre-trial investigations that are held by detectives of the National Anti-Corruption Bureau of Ukraine, may issue criminal proceedings against crimes prescribed by the paragraph of the first part, to Investigation of the detectives of the National Anti-Corruption Bureau of Ukraine, if appropriate, or may have been subject to the serious consequences of protected freedom and the interests of the physical or legal person, as well as public or public interests. Under severe consequences, it should be understood to harm the vital interests of society and the state, including state sovereignty, territorial integrity of Ukraine, the implementation of constitutional rights, freedoms and duties of three and more persons.

Detectives of the National Anti-Corruption Bureau of Ukraine for the purpose of warning, detection, termination and disclosure of criminal offences that are attributed to this article to its subdue process, according to the decision of the Director of the National Anti-Corruption Bureau of Ukraine And with the agreement with the Attorney General 's Special Anti-Corruption Prosecutor' s Office may also investigate criminal offences imposed by investigators of other bodies.

In case of installation of internal control unit of the National Anti-Corruption Bureau of Ukraine, predicted Articles 354 , 364-370 The Criminal Code of Ukraine, which was committed by the National Anti-Corruption Bureau of Ukraine (except the Director of the National Anti-Corruption Bureau of Ukraine, its first deputy and deputy), such crimes are investigated by detectives. the assigned unit.

6. Criminal proceedings against crimes of alleged crimes Articles 384 , 385 , 386 , 387 , 388 , 396 The Criminal Code of Ukraine, a pre-trial investigation is carried out by the investigation of that body, to the subject of which the crime is punishable, due to the initial investigation.

7. Criminal proceedings against crimes of alleged crimes Articles 258 , 258 - 1 , 258 - 2 , 258 - 3 , 258 - 4 , 258 - 5 , 261 The Criminal Code of Ukraine, a pre-judicial investigation is carried out by the investigation of the body that has launched a pre-judicial investigation.

8. Criminal proceedings against the crimes committed by Articles 209 and 209 - 1 The Criminal Code of Ukraine, a pre-judicial investigation is carried out by the investigation of that body which has initiated a pre-judicial investigation or under investigation pertaining to the public danger of the act which preceded the legalization of (failure) of income, of the criminal case, except in cases where those crimes were attributed to this article prior to the investigation of the National Anti-Corruption Bureau of Ukraine.

A pre-judicial investigation into the legalization of the income generated by a criminal record is conducted without prior or simultaneous infatuation of a person to a criminal responsibility for committing a public dangerous contraband. the act preceding the legalization of income received by criminal proceedings in criminal proceedings Article 209 The Criminal Code of Ukraine, in particular:

The public is dangerous against acts which preceded the legalization (laundering) of criminal income committed outside of Ukraine, and the legalization (laundering) of income received by criminal means in the territory of Ukraine;

The fact of committing a public insecure act which preceded the legalization of (failure) of criminal income established by the court in appropriate procedural decisions.

9. If there is a pre-trial investigation, other crimes committed by the investigation are carried out by a pre-judicial investigation, or another person, if they are related to crimes committed by a pre-judicial investigation and which are not Subject to a criminal investigation, a prosecutor who oversees pre-trial investigations, in case of an impossibility of allocating these materials in a separate statement, determines the subject of the investigation. all of these crimes ";

11) part two Article 246 of the figures "269" complement " 269 - 1 ";

(12) complement the article 269 - 1 such content:

" Article 269 - 1 . Monitoring bank accounts

1. In the presence of reasoned suspicion that a person commits criminal acts using a bank account, or with the purpose of a search or identification of a property subject to confiscation or special confiscation, in criminal proceedings committed to a bank account. The investigation of the National Anti-Corruption Bureau of Ukraine, the prosecutor may refer to the investigating judge in order provided by Articles 246, 248, 249 of this Code, for sentencing monitoring of bank accounts.

2. According to the investigation of the Investigative Committee on the monitoring of bank accounts, the bank is obliged to provide the National Anti-Corruption Bureau of Ukraine in the current regime for information carried out on one or more bank accounts.

An investigative judge in the monitoring of bank accounts informs the head of the banking institution about the duty of undisclosed information about the conduct of the investigation and the relevant criminal liability. On the basis of the conduct of the investigating judge, the head of the banking institution is obliged to warn all of its workers involved in monitoring bank accounts, about the duty of non-disclosure of the conduct of the investigation. Criminal responsibility.

3. Information on the transactions carried out by bank accounts should be brought to the knowledge of the National Anti-Corruption Bureau of Ukraine prior to the execution of the transaction, and in case of an impossibility-immediately after its execution ";

(13) part of fourth Article 469 of the text of the article:

" 4. An agreement to recognize the guilt between the prosecutor and the suspect or the accused may be concluded as to:

1) criminal misconduct, crimes of small or medium severity, serious crimes;

(2) Particularly serious crimes committed to the appeal of the National Anti-Corruption Bureau of Ukraine under the circumstances of the prosecution of suspected or accused of another person in the case of the crime of the National Anti-Corruption Bureau of Ukraine, You know, if the information about committing such a crime will be confirmed by the evidence.

An agreement to recognize the guilt between the prosecutor and the suspect or the accused may be concluded with regard to criminal misconduct, crimes, which are caused by only public or public interest. The conclusion of an agreement on the recognition of the perpetrators in criminal proceedings against the authorized person of the legal person who committed criminal offences, in relation to which the prosecution is carried out, as well as in criminal proceedings, in the Involved in the participation of the victim, not allowed ";

(14) first part Article 472 of the words "(if relevant arrangements were held)" supplement the words " terms of partial release of the suspect accused of civil liability in the form of reparation to the state of damage caused by the criminal offence Offences ";

15) in Articles 480 :

a) para. 8 In addition to the words "Prosecutor of the Special Anti-Corruption Prosecutor's Office";

b) para. 9 in the edition of the Law of Ukraine dated 14 October 2014 No. 1700-VII To consider paragraph 10;

16) in Paragraph 2 Part of Article 481 of the words "The Director of the National Anti-Corruption Bureau of Ukraine" to replace "Prosecutor of the Special Anti-Corruption Prosecutor's Office, the Director or another worker of the National Anti-Corruption Bureau of Ukraine";

17) Article 545 after part of the second complement of the new part of this content:

" 3. The Prosecutor General's Office of Ukraine and the Ministry of Justice of Ukraine in three-day lines send to the National Anti-Corruption Bureau of Ukraine received (provided) in the framework of providing international legal assistance to materials relating to financial and Criminal offences, in the form of help ".

This part of the third is considered to be part of the fourth.

6. First part Article 17 - 1 The Law of Ukraine "On the Prosecutor's Office" (Supreme Council of Ukraine, 1991, No. 53, pp. 793; 2014, No. 47, st. 2015) to read:

" The orders of the Prosecutor General of Ukraine are appointed by prosecutors to oversee the enforcement of the laws during the conduct of operational and investigative activities, a pre-trial investigation carried out by detectives of the National Anti-Corruption Bureau. Ukraine. This appointment is done by the open competition and after the completion of their training (preparation). Competitive selection holds the competitive commission created by the Prosecutor General of Ukraine and includes the Director of the National Anti-Corruption Bureau of Ukraine or a designated representative. The order of conducting an open competitive selection is determined by the Prosecutor General of Ukraine with the approval of the Director of the National Anti-Corruption Bureau of Ukraine. "

7. In The Law of Ukraine "On Operations and Infiltration" (Information of the Verkhovna Rada of Ukraine, 1992, No. 22, art. 303 with the following changes):

(1) Article 3, after the word "militia", should be supplemented by the words "National Anti-Corruption Bureau of Ukraine";

(2) The paragraph of the eleventh part of the first Article 5 of the teaching in this edition:

"National Anti-Corruption Bureau of Ukraine-Detectives, Operational and Internal Control".

8. In The Law of Ukraine "On State Registration of Legal Persons and Physical Persons-Entrepreneurs" (Information of the Verkhovna Rada of Ukraine, 2003, No. 31-32, art. 263 with the following changes):

(1) In paragraph seventeen of the first article 1, the words "or the financing of terrorism" would be replaced by "the financing of terrorism and the financing of the proliferation of weapons of mass destruction";

2) in the text of the Law of the Word "final visifier" in all the differences and numbers replace the words "the ultimate beneficiary owner (controller)" in the appropriate reference and.

9. Item 2 Part of the first article 25 of the Law of Ukraine "On the Depositary System of Ukraine" (Ukrainian Supreme Council of Ukraine, 2013, No. 39, pp. 517) after the words "Tax Militia" should be supplemented with the words "National Anti-Corruption Bureau of Ukraine".

10. In The Law of Ukraine "On the Prosecutor's Office" (Information of the Verkhovna Rada of Ukraine, 2015, No. 2-3, pp. 12; with amended amended by the Laws of Ukraine of 28 December 2014 No. 76-VIII and No. 77-VIII):

1) in Article 7 :

a) first part Complement paragraph 5 of this content:

"(5) Specialized Anti-Corruption Prosecutor's Office";

b) after part 2 complementing the new part of this content:

" 3. Features of the organization and activities of the Specialized Anti-Corruption Prosecutor's Office of Article 8 - 1 of this Act. The formation of the Specialized Anti-Corruption Prosecutor's Office, the definition of its structure and state is carried out by the Prosecutor General of Ukraine with the approval of the Director of the National Anti-Corruption Bureau of Ukraine. "

In this regard, parts of the third-fifth are considered as part of the fourth-sixth;

2) article 8 complementing part of the fifth of this content:

" 5. The Prosecutor General's Office of Ukraine is formed (on the rights of the structural unit) the Specialized Anti-Corruption Prosecutor's Office, which has the following functions:

1) to be carried out by the supervision of the laws during the pre-trial investigation, which is carried out by the National Anti-Corruption Bureau of Ukraine;

" (2) To maintain the state prosecution in appropriate proceedings;

(3) Representation of interests of a citizen or state in court in cases stipulated by this Act and related corruption or related corruption.

Within the implementation of their functions, the Specialized Anti-Corruption Prosecutor's Office performs international cooperation ";

(3) complement article 8 - 1 such content:

" Article 8 - 1 . Features of the organization and activities of the Specialized Anti-Corruption Prosecutor's Office

1. The Prosecutor of the Special Anti-Corruption Prosecutor's Office is appointed on the basis of the results of the open competition according to the order of the Chief Specialized Anti-Corruption Prosecutor's Office. The order of the open competition is determined by the head of the Specialized Anti-Corruption Prosecutor's Office.

2. The Head of the Specialized Anti-Corruption Prosecutor's Office is subordinate directly to the Prosecutor General of Ukraine. The head of the Specialized Anti-Corruption Prosecutor's Office, his first deputy and deputy, appointed the Prosecutor General of Ukraine.

The supervisor of the Specialized Anti-Corruption Prosecutor, his first deputy and deputy appointed to the office according to the results of the open competition, which holds the competitive commission of four persons determined The qualification and disciplinary commission of prosecutors from the number of its members, and five representatives of public associations identified by the Committee of the Verkhovna Rada of Ukraine, are subject to the subject of the prevention and opposition of corruption. The order of the contest for the employment of specified positions defines the competitive commission. The employment contest is conducted publicly with free access to media representatives, journalists at the competitive committee meeting, and broadcasting in real-time video and audio information from the meetings. A competitive commission on the Internet.

3. The Specialized Anti-Corruption Prosecutor's Office is located within the official premises of the National Anti-Corruption Bureau of Ukraine or in the official premises of the Prosecutor General's Office of Ukraine (regional or local prosecutor ' s office), which are located separately from Other offices of the Prosecutor General's Office of Ukraine (regional or local prosecutor's office).

4. Prior to the general structure of the Specialized Anti-Corruption Prosecutor's Office, the central apparatus and territorial affiliations are located in the same cities where the territorial administration of the National Anti-Corruption Bureau of Ukraine is located.

5. Top-level prosecutors for department managers and their deputies, senior prosecutors and the prosecutors of the Special Anti-Corruption Prosecutor ' s Office is the Chief of the Specialized Anti-Corruption Prosecutor, his first deputy and deputy, for Deputy and the First Deputy Chief of the Special Anti-Corruption Prosecutor's Office, the Head of the Specialized Anti-Corruption Prosecutor's Office. The Attorney General of Ukraine, his first deputy and deputies are not entitled to give instructions to the prosecutors of the Special Anti-Corruption Prosecutor's Office and to conduct other actions directly relating to the implementation of the Special Anti-Corruption Prosecutor's Office The Prosecutor's Office. Written orders of the administrative nature, relating to the organization of the Special Anti-Corruption Prosecutor's Office, are issued on the mandatory approval of the head of the Specialized Anti-Corruption Prosecutor's Office.

6. Head of the Specialized Anti-Corruption Prosecutor, his first deputy and deputy within the line to which they were appointed, without their consent, could not be transferred to another unit of the Prosecutor General of Ukraine or to the regional or The local prosecutor's office

7. The supervision of the pre-trial investigation of corruption crimes in case of their execution by the Prosecutor of the Special Anti-Corruption Prosecutor is provided by a prosecutor who is determined by the Prosecutor General of Ukraine from the number of his deputies (except for the supervisor) Specialized anti-corruption prosecutor's office) or heads of departments of the Prosecutor General of Ukraine.

8. Deputy Prosecutor General of Ukraine-Head of the Specialized Anti-Corruption Prosecutor's Office:

1) represents the Specialized Anti-Corruption Prosecutor ' s Office in relations with state bodies, local government agencies, businesses, institutions and organizations, public associations, international organizations and foreign authorities. Power;

(2) Organize the activities of the Specialized Anti-Corruption Prosecutor's Office;

3) carries out the distribution of duties between the first deputy and deputy chief of the Specialized Anti-Corruption Prosecutor's Office;

4) determine after the start of the pre-trial investigation by the prosecutor who carries out the authority of the prosecutor in specific criminal proceedings;

5) defines a group of prosecutors who exercise the powers of prosecutors in particularly complex criminal proceedings, as well as a senior prosecutor for the leadership of such a group;

6) agree to the adoption of the work and the release from the work of the Special Anti-Corruption Prosecutor's Office, who are not prosecutors;

7) in a ten-day period from the day of their appearance, the Qualification and Disciplinary Commission of Ukraine concerning the presence of vacant or temporarily vacant posts in the Specialized Anti-Corruption Prosecutor's Office;

8) supervises the conduct and analysis of statistical data, organises the study and generalisation of the application of legislation and information-analytical provision of subordinate prosecutors to improve the quality of their functions;

9) provides the execution of requirements for the promotion of the qualifications of the Prosecutions of the Special Anti-Corruption Prosecutor's Office;

"10) fulfills other powers stipulated by this and other laws of Ukraine";

4) first part Article 15 complement paragraph 4 - 1 such content:

" 4 - 1 ) Deputy Prosecutor General of Ukraine-Head of the Specialized Anti-Corruption Prosecutor's Office ";

5) Part 5 Article 24 will be supplemented with the words "except when it comes to decisions in criminal proceedings, an investigation carried out by the National Anti-Corruption Bureau of Ukraine," in such cases, the relevant right is given to the prosecutor who participated in the proceedings. the judicial review, as well as independently of his involvement in the proceedings: the chief of the Specialized Anti-Corruption Prosecutor's Office, its first deputy and deputy ";

6) in Article 39 :

a) first part supplementing paragraph 4 - 1 such content:

" 4 - 1 ) Deputy Prosecutor General of Ukraine-Chief of the Specialized Anti-Corruption Prosecutor's Office ";

b) first paragraph part of the second complement of the sentence of such content: " The appointment of the prosecutor to the administrative office foreseen in paragraph 4 - 1 part of the first of this article, is carried out by a string of five years by the Prosecutor General of Ukraine in the order stipulated by Article 8 - 1 This Act ";