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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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/198-19

The LAW of UKRAINE on 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 (Supreme Council (BD), 2015, no. 17, art. 118) {amended according to the law No. 336-VIII from 21.04.2015, VVR, 2015, no. 25, 199}, the Verkhovna Rada of Ukraine decides: I. Make changes to the following acts: 1. In the code of administrative offences (Supreme Council of USSR , 1984, Supplement to no. 51, art. 1122): 1) in part 1 of article 15 of the words "corruption offences", replace the words "the Commission of crimes related to corruption";

2) part of the third article 38 lay in the following wording: "Administrative penalty for committing offences related to corruption, as well as offences under article 164-14 of this code, may be imposed for three months from the day of its discovery, but not later than two years from the date of his committal;

3) in the first paragraph of part five article 166-11 word "vigodooderžuvača (vigodooderžuvačìv) replace the words" the final benefìcìarnogo the owner (Controller);

4) supplemented by article 185-13 the following contents: "article 185-13. Non-fulfillment of lawful requirements of officials of the National Bureau of Ukraine's failure to provide information to the national antikorupcìjnomu Bureau of Ukraine at the request of his officers, providing knowingly false information or not in full violation of the statutory terms of its provision, notification of third parties concerning about them going to such information, or the failure of other lawful requirements of officials of the National Bureau of Ukraine-entail the imposition of a fine of two hundred fifty to four hundred tax-free.

The same actions committed by a person, which for a year has been subjected to an administrative penalty for the same violation, entails the imposition of a fine of four hundred to sixteen hundred untaxed minimum incomes;

5) article 221 after numbers "185-11" add numbers "185-13";

6) in part 1 of article 255: a) in paragraph 1: in the paragraph "organs of the security service of Ukraine (article 164 (in respect of offences in the field of economic activity license which gives this service), article 172-4-171-9, 195-212-2 (except item 9 of part one), 212-5 and 212-6)" numbers "172-4-171-9" excluded;

paragraph of the National Agency for the prevention of corruption (article 188-46) "lay in the following wording:" the National Agency for the prevention of corruption (article 172-4-171-9, article 188-46);

Add the following paragraph: "the national anti-corruption Bureau of Ukraine (article 185-13);

b) in point 11 numbers "172-4-171-9 off.

2. in the Criminal Code of Ukraine (Verkhovna Rada of Ukraine, 2001, # 25-26, art. 131): 1) the comment to article 45 to lay out in the following wording: "Note. Corruption crimes under this Code are considered crimes under articles 191, 262, 308, 312, 313, 320, 357, 410, in case they commit by malpractice, as well as the crimes stipulated in articles 210, 354, 364, 367-1, 365-2, 368-369-2 of this code;

2) in article 354: and) part of the fifth put in the following wording: "5. The person who offered, promised or granted an unfair benefit is exempt from criminal responsibility for crimes stipulated in articles 354, 368-3, 368-4, 369, 371-2 of this code, if the offer, promise or giving of excessive benefits it-to obtain from other sources of information about this crime agency business entity which by law has the right to report suspicious , voluntarily stated what happened, this body and actively contributed to the disclosure of the crime committed by a person who received unfair benefits or took her offer or promise. The above exemption does not apply if the offer, promise or giving of excessive benefits have been committed in relation to the persons specified in part 4 of article 18 of this code;

b) Note to the article: paragraph 1 put in the following wording: "1. a person that works in favor of the enterprise, institution or organization, you must understand the person who performs work or provides the service in accordance with an agreement with the enterprise, institution, organization;

in paragraph 2 the words and figures "exceeding 1.5 untaxed minimum incomes or intangible assets", to replace the words "intangible assets, any other benefits are intangible or negrošovogo character";

3) the note to article 364-1: figures "368-2-368-4" to exclude;

After the words "intangible assets", add the words "any other intangible benefits or negrošovogo character";

4) Article 368-2 lay in the following wording: "1. The acquisition by a person authorized to perform the functions of State or local government, the property assets in considerable amount, the legality of the reasons the entry which are not confirmed by evidence, as well as the transfer of such assets it any other person shall be punishable by imprisonment for up to two years of deprivation of right to hold certain posts or engage in certain activities for up to three years with a special forfeiture and confiscation of property.

2. The same acts, committed by a service person who takes responsible position, shall be punishable by imprisonment for a term from two to five years of deprivation of rights to occupy certain posts or engage in certain activities for up to three years, with a special forfeiture and confiscation of property.
3. Acts provided for by part one of this article, committed business person takes a particularly responsible position, shall be punishable by imprisonment for a term from five up to ten years with the deprivation of right to hold certain posts or engage in certain activities for up to three years, with a special forfeiture and confiscation of property.

Note. 1. the persons authorized to perform the functions of State or local government, are the persons indicated in paragraph 1 of article 3 of the law "on prevention of corruption".

2. When the assets in a significant amount of in this article refers to the funds or other property and the income from them, if their size (value) exceed one thousand tax-free.

3. the transfer of assets in this article refers to the conclusion of any transactions on the basis of which arises the right of ownership or the right to use the assets, as well as granting another person the money or other property for the conclusion of such transactions;

5) part of the fifth article 368-3 and note to this article deleted;

6) of fifth articles 368-369 4 and exclude;

7) first paragraph of article 370 lay in the following wording: "1. Provocation of bribery, that is, the actions of the service person of the pìdburennâ person to offer, promise or giving of excessive benefits or making suggestions, promises or receiving such benefits, then to expose someone who offered, promised, provided you benefit or accepted the offer, promise or received such benefits.

3. articles 64-1 of the commercial code of Ukraine (the Supreme Council of Ukraine, 2003, no. 18-22, 144): the title and text of the article the word "vigodooderžuvač" in all cases replacing the words "beneficial owner (Controller)" pronounced;

in the second paragraph of the words "financing of terrorism", replace the words "the financing of terrorism and the financing of proliferation of weapons of mass destruction."

4. Section III of the civil procedural code of Ukraine (Verkhovna Rada of Ukraine, 2004, no. 40-42, art. 492) supplemented by Chapter 9 of this content: "Chapter 9 FEATURES POZOVNOGO proceedings on the RECOGNITION of UNREASONABLE ASSETS and THEIR RECLAMATION of Article 233-1. The presentation of the claim for recognition of unreasonable assets and their reclamation of 1. A claim for the recognition of unreasonable assets and their reclamation of identified in this article persons served in the interest of the State Prosecutor General during the period of limitation from the date of the entry into legal force of a verdict for a person authorized to perform the functions of State or local governments.

2. A claim for the recognition of the unreasonable assets and their reclamation can be charged: 1) of a person authorized to perform the functions of State or local government, in respect of which scored a legal force an indictment verdict for committing a corruption offence or legalization (laundering) of the proceeds from crime;

2) a person related to the person named in section 1 of this part, a legal person who is the owner (user) of the property in respect of which there is evidence that it is received or that it uses or disposes of (rozporâdžalasâ) a person referred to in paragraph 1 of this part.

In the case of submission of the claim to the person indicated in section 1 of this part, the Prosecutor takes action regarding the establishment of the property in respect of which there is evidence that it obtained, the person named in section 1 of this part, or that it uses or disposes of (rozporâdžalasâ) is such a person. If you set this property, the binding is also the presentation of the claim to the legal person who is the owner (user).

3. for the purposes of this chapter: 1) the term "assets" means cash or other property, as well as income from them;

2) persons authorized to perform the functions of State or local government, are the persons indicated in paragraph 1 of article 3 of the law "on prevention of corruption".

Article 233-2. Recognizing the unreasonable assets 1. The Court recognizes the unreasonable assets if the Court on the basis of submitted evidence established that the assets or money needed for the purchase of assets, for which filed a claim for the recognition of their unproven, were acquired lawfully.

Article 222-3. The legal ramifications of recognition of assets unfounded 1. Assets recognized by the Court in accordance with article 233-2 of this code is obviously unfounded, are charged in the income of the State.

2. If the Court according to article 233-2 of this Code recognizes the unreasonable portion of assets in the income of the State charged part of the assets of the defendant, which was recognized as unfounded, and in case of impossibility to select such part of its value.

3. in case of impossibility of enforcement on assets deemed unreasonable, the respondent assigned the duty to pay the cost of such assets.

4. Recovery of the income of State assets, recognised by the Court of unproven, is carried out in the manner prescribed by the law of Ukraine "on enforcement proceedings".

5. In the criminal procedural code of Ukraine (Verkhovna Rada of Ukraine, 2013, no. 9-13, art. 88): 1) in paragraphs 8 and 17 of article 3 the words "the national anti-corruption Bureau of Ukraine, the State Bureau of investigation" to replace the words "the authority of the State Bureau of investigation, detectives, the internal control unit of the National Bureau of Ukraine";

2) first paragraph of article 31 of the ninth put in the following wording:
9. Criminal proceedings in respect of the President, whose authority is suspended, the Prime Minister, members of the Cabinet of Ministers of Ukraine, first Deputy and Deputy Ministers, deputies of Ukraine, Verkhovna Rada of Ukraine on human rights, the Director of the National Bureau of Ukraine, members of the National Agency for the prevention of corruption, the Attorney General of Ukraine, his Deputy or Deputy, Chairman of the Constitutional Court of Ukraine, his Deputy or a judge of the Constitutional Court of Ukraine , Chairman of the Supreme Court, his Deputy, the Deputy or the judges of the Supreme Court of Ukraine, heads of higher specialized courts, their deputies or judges of higher specialized courts, head of the National Bank of Ukraine, his Deputy or Deputy, individuals whose positions are the first category the posts of civil servants, as well as on charges of committing criminal offenses referred to the pìdslìdnostì National Bureau of Ukraine is carried out;

3) the first part of article 38 to lay out in the following wording: "1. The bodies of pre-trial investigation (authorities, inquiry and pre-trial investigation) are: 1) the investigative units of the internal affairs authorities);

b) security;

in) of exercising control over the observance of tax legislation;

g) of the State Bureau of investigation;

2) unit detectives, the internal control unit of the National Bureau of Ukraine ";

4) in article 41: a) the first part of the supplement "and unit detectives, technical unit and the internal control unit of the National Bureau of Ukraine according to the work instructions of the investigator or the Prosecutor Specialised anti-corruption Prosecutor's Office";

b) of the second after the words "employees of the operational units of the" add the words "(in addition to the unit's detectives, the internal control unit of the National Bureau of Ukraine);

5) of the second paragraph of article 9 Add 52 the following contents: 9) in the case of the conclusion of the agreement between the Prosecutor and the suspect or accused culpability on recognition-since the initiation of the conclusion of such an agreement;

6) part of the ninth article 100 Add new paragraph 6-1 the following contents: "6-1) property (cash or other property, as well as income from them) convicted for committing corruption offense, legalizing laundering, laundering, its associated persons to konfìskuêt′sâ, if the Court has not been confirmed the legality of the reasons of gaining rights to such property.

Related individuals convicted are legal entities that it promote received the property or use of the specified property.

If the Court recognizes the lack of a legitimate reason to obtain the rights to part of the property, then the konfìskuêt′sâ this part of the property of the victim, and in case of impossibility to select such part of its value. In case of impossibility of confiscation of property, the legality of the reasons of gaining rights to which has not been confirmed, the convict is assigned the duty to pay the cost of such property;

7) in part 1 of article 159 of the words "in the case of adoption of the corresponding decision of the examining magistrate, the Court exclude;

8) second paragraph of part two article 170 to replace two new paragraphs following contents: "in urgent cases and solely for the purpose of preserving evidence or ensuring the eventual forfeiture or special confiscation of property in criminal proceedings concerning serious or especially serious crime by decision of the Director of the National Bureau of Ukraine (or his Deputy), coordinated the Attorney may be imposed provisional arrest on the property or money to the accounts of natural or legal persons in financial institutions. Such measures shall apply for a period of up to 48 hours. Immediately after the adoption of such a decision, but not later than within 24 hours, the Prosecutor asks the investigator to the judge with a petition for the arrest of property.

If in this part of the term of the Prosecutor appealed to the investigator of the judge with the petition for the arrest of property or if the pleasure of this petition was denied provisional arrest on the property or money is considered revoked, and exempt property or funds to immediately return the person ";

9) the first part of article 208 of the supplement to the fourth paragraph of the following contents: "3) if there are reasonable grounds to believe that a possible escape from the purpose of evading criminal responsibility a person suspected of committing a serious or particularly serious offence, corruption, vìdnesenogo law to pìdslìdnostì National Bureau of Ukraine";

10) Article 216 to lay out in the following wording: "article 216. Pìdslìdnìst′ 1. Investigators of the Interior carry out pre-trial investigation of criminal offences stipulated by the law on criminal responsibility, except those that are attributed to the pìdslìdnostì of other organs of the pre-trial investigation.

2. Security Investigators carry out the pre-trial investigation of the crimes stipulated in articles 109, 110, 111, 112, 113, 114, 201, 265-1, 305, 328, 329, 330, 332, 335-1, 333, 334, 359, 422, 436, 437, 438, 439, 440, 441, 442, 443, 444, 446, 447 of the Criminal Code of Ukraine.
If during the investigation of the crimes stipulated in articles 328, 329, 422 of the Criminal Code of Ukraine, will be installed the crimes stipulated in articles 364, 365, 366, 367, 425, 426 of the Criminal Code of Ukraine, committed by a person against whom carried out the pre-trial investigation or any other person if they are related to crimes, včinenimi face, on which is carried out the pre-trial investigation, they are being investigated by security authorities, except when these crimes are according to this article to pìdslìdnostì National Bureau of Ukraine.

3. Investigative bodies exercising control of compliance with tax legislation, conduct pre-trial investigation of the crimes stipulated in articles 204, 212, 212-1, 216, 219 of the Criminal Code of Ukraine.

If during the investigation of these crimes will be installed the crimes stipulated in articles 192, 200, 205, 222, 222-1, 358 of the Criminal Code of Ukraine, committed by a person against whom carried out the pre-trial investigation or any other person if they are related to crimes, včinenimi face, on which is carried out the pre-trial investigation, they are being investigated by investigation organs that exercise control over the compliance with the tax laws.

4. the Investigators of the State Bureau of investigation, except for the cases stipulated in part five of this article, the pre-trial investigation of criminal offences, committed staff who occupy a particularly important position in accordance with article 9 of the law of Ukraine "on the State service", a post which carried the first-third of the categories the posts of civil service, judges and employees of law enforcement agencies.

Investigators of the State Bureau of investigation conduct also pre-trial investigation of criminal offences, committed staff persons of the national anti-corruption Bureau, prosecutors Specialised anti-corruption Prosecutor's Office, except when the pre-trial investigation of criminal offences are referred to pìdslìdnostì detectives unit internal control National Bureau of Ukraine in accordance with part five of this article.

5. Investigators of the national anti-corruption Bureau carry out pre-trial investigations, articles 191, 206-2, 209, 210, 211, 354 (concerning employees of legal persons under public law), 364, 368, 374, 369, 371-2, 410 of the Criminal Code of Ukraine, if there is at least one of the following conditions: 1) the offense done: powers of the President of Ukraine, which terminated, Member of Parliament of Ukraine, the Prime Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, first Deputy and the Deputy Minister , Head of the National Bank of Ukraine, his first Deputy and Deputy, Member of the Board of the National Bank of Ukraine, Secretary of the national security and Defense Council of Ukraine, his first Deputy and Deputy;

the State Office, the post of which attributed to the first and second categories of posts the person post which prirìvnâna to the first and second categories of the posts of the civil service;

a Deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a Deputy of the Regional Council, City Council, cities of Kiev and Sevastopol, official of the local government, a post which carried to the first and second categories of posts;

judge of the Constitutional Court of Ukraine, the judge of the Court of general jurisdiction, the people's zasìdatelem or a sworn (during the execution of these functions), the Chairman, members, disciplinary inspectors of the highest qualifying Commission of judges, Chairman, Deputy Chairman, Secretary of the section of the High Council of Justice, another Member of the High Council of Justice;

The General Prosecutor of Ukraine, his Deputy, Assistant Attorney General of Ukraine, the Prosecutor General Prosecutor's Office, an investigator of the General Prosecutor, the head of the structural unit of the General Prosecutor, on behalf of the Autonomous Republic of Crimea, cities of Kyiv and Sevastopol, and his Deputy, the head of the structural unit of the Prosecutor's Office Autonomous Republic of Crimea, cities of Kyiv and Sevastopol;

the face of the higher officers part of internal affairs bodies, State Criminal-Executive services, bodies and units of civil protection, official customs service, which awarded the special rank State Adviser of the tax and customs III rank and above, the official organs of the State tax service, which awarded the special title of State ranika tax and customs III rank and above;

the senior military officer staff of the armed forces of Ukraine, security service of Ukraine, the State border service of Ukraine, State special transport service, the National Guard of Ukraine and other military formations established in accordance with the laws of Ukraine;

Head of the subject of a large enterprise, in the authorized capital of which the share of State or communal property exceeds 50%;

2) size of the subject of crime or caused him damage in five hundred or more times the size of the minimum wages established by law at the time of committing the crime (if the offense done business entity of the State authority, law enforcement officer, a military formation, organ of local self-government, of the entity, in the share capital of which is a share of State or communal property);
3) the crime under article 369, part one of article 369-2 of the Criminal Code of Ukraine, done on the performance of a person specified in part 4 of article 18 of the Criminal Code of Ukraine or in paragraph 1 of this part.

The Prosecutor, who oversees the dosudovimi those who are detectives of the national anti-corruption Bureau of Ukraine, by its resolution may include criminal proceedings in crimes stipulated by the first of this part, to pìdslìdnostì detectives of the national anti-corruption Bureau of Ukraine, if the relevant offence was caused, or could be caused grave consequences the law protected freedoms and interests of physical or legal persons, as well as to State or public interests. Under the grave consequences should be causing damage to the vital interests of the society and the State, including the State sovereignty, territorial integrity of Ukraine, the realization of constitutional rights, freedoms and duties of three or more persons.

Investigators of the national anti-corruption Bureau of Ukraine with the purpose of preventing, detecting, terminating and uncovering criminal offences that are attributed to this article to his pìdslìdnostì, Director of the national anti-corruption Bureau and in consultation with the Prosecutor Specialised anti-corruption Prosecutor's Office may also investigate criminal offences that are classified as pìdslìdnostì investigators of other organs.

In the case of the installation of the internal control unit of the national anti-corruption Bureau of the crimes stipulated in articles 354, 364-370 of the Criminal Code of Ukraine, which were made by a business entity of the national anti-corruption Bureau of Ukraine (in addition to the Director of the National Bureau of Ukraine, his Deputy and the Deputy), such crimes investigated by the detectives of the specified unit.

6. In criminal proceedings involving crimes stipulated in articles 384, 385, 386, 387, 388, 396 of the Penal Code of Ukraine, the pre-trial investigation is carried out by examining the body, pìdslìdnostì which refers to an offence in connection with which started a pre-trial investigation.

7. In criminal proceedings involving crimes stipulated in articles 258, 259-1, 258-2, 262-3, 258-4, 258-5, 261 of the Criminal Code of Ukraine, the pre-trial investigation is carried out by examining the body that launched a pre-trial investigation.

8. In criminal proceedings involving crimes stipulated in articles 209 and 211-1 of the Criminal Code of Ukraine, the pre-trial investigation is carried out by examining the body that launched a pre-trial investigation or pìdslìdnostì which refers to socially dangerous wrongful acts that preceded the legalisation (laundering) of the proceeds from crime, except when these crimes are in accordance with this article to pìdslìdnostì National Bureau of Ukraine.

The pre-trial investigation in the proceedings of the legalization (laundering) of the proceeds from crime, carried out without prior or simultaneous a person to criminal liability for committing social dangerous illegal acts that preceded the legalisation (laundering) of the proceeds from crime, in criminal proceedings under article 209 of the Criminal Code of Ukraine where, in particular: public unsafe wrongful acts that preceded the legalisation (laundering) of the proceeds from crime, done outside of Ukraine and legalization (laundering) of the proceeds from crime, on the territory of Ukraine;

the fact of committing socially dangerous illegal acts that preceded the legalisation (laundering) of the proceeds from crime, established by the Court in the respective procedural decisions.

9. If during the pre-trial investigation will be found to other crimes committed by a person against whom is the pre-trial investigation or any other person if they are related to crimes, včinenimi person, against whom is the pre-trial investigation, and who don't get a untried because the body that carries out in criminal proceedings the pre-trial investigation, the Prosecutor who oversees the dosudovim investigation, in case of impossibility of a selection of these materials in a separate proceeding with its resolution determines the pìdslìdnìst′ of all these crimes ";

11) portion of the second article 246 after numbers "269" add numbers "269-1";

12) to supplement article 269-1 the following contents: "article 269-1. Monitoring of bank accounts 1. If there are well-founded suspicions that the person carries out criminal acts using a bank account, or for the purpose of tracing or identifying property subject to confiscation or special confiscation, in criminal proceedings, referred to pìdslìdnostì National Bureau of Ukraine, the Prosecutor can appeal to an investigative judge in the manner prescribed by articles 246, 248, 249 of this code, for authorizing the monitoring of bank accounts.

2. In accordance with the decision of the investigator judge about monitoring bank accounts, the Bank must provide the National antikorupcìjnomu Bureau of Ukraine in the current mode of information about transactions on one or more bank accounts.
An investigating judge in uhvalì about monitoring bank accounts reported by head banking institution of the obligation of non-disclosure of information about the conduct of this investigation and on the corresponding criminal penalties. On the basis of the resolution of the investigator judge head banking institution shall in writing notify all its employees involved in the monitoring of bank accounts, on the duty of non-disclosure of information about the conduct of this investigation and on the corresponding criminal penalties.

3. information about transactions on bank accounts, should contribute to the National Anti-Corruption Bureau to perform the corresponding operations and it-immediately after its implementation ";

13) part of the fourth article 469 lay in the following wording: "4. The agreement on the recognition of culpability between the Prosecutor and the suspect or accused may be encased in proceedings regarding: 1) of criminal misconduct, crimes of a small or medium gravity serious crimes;

2) especially serious crimes, referred to pìslìdnostì National Bureau of Ukraine according to the terms of the exposure of the suspect or accused another person of committing a crime, vìdnesenogo to pìdslìdnostì of the national anti-corruption Bureau, if information concerning the Commission of the offence, the person will be confirmed by the evidence.

The agreement on the recognition of culpability between the Prosecutor and the suspect or accused may be concluded for criminal misconduct, crimes, with the result that only damage to State or public interests. The conclusion of the agreement on the recognition of culpability in the criminal proceedings on the authorized person of the legal person, who has committed a criminal offence in connection with which carried the proceedings against a legal person, as well as in criminal proceedings, which involved the victim is not allowed ";

14) the first part of article 472 after the words "(if appropriate arrangements have taken place)" add the words "conditions of partial release of the suspect, the accused from liability in the form of reimbursement of State losses as a result of committing him to criminal offences";

15) in article 480: a) item 8 Add the words "Prosecutor Specialized anti-corruption Prosecutor's Office";

b) item 9 in the law of Ukraine dated 14 October 2014 No. 1700-VII considered item 10;

16) in paragraph 2 of article 481 of the words "the Director of the National Bureau of Ukraine", replace the words "Prosecutor Specialized anti-corruption Prosecutor's Office, the Director or other employee of the national anti-corruption Bureau of Ukraine";

17) article 545 after part two to complement the new part of the following content: "3. The Prosecutor General of Ukraine and the Ministry of Justice of Ukraine in three-day term to send to the national anti-corruption Bureau of Ukraine received (provided) in the framework of the provision of international legal assistance materials regarding financial and corruption criminal offences, in the form of the certificate".

In this regard, part of the third take part 4.

6. the first part of article 17-1 of the law of Ukraine "on Procuracy" (Supreme Council of Ukraine, 1991, no. 53, item 793; 2014, no. 47, 2015) lay in the following wording: "by order of the Prosecutor General of Ukraine assigned prosecutors to oversee compliance with laws during carrying out of operatively-search activity, the pre-trial investigation that is carried out by detectives of the national anti-corruption Bureau of Ukraine. Appointment of prosecutors is carried out according to the results of open competition and after the passage of the appropriate training (training). Competitive selection holds a tender Committee, created by the Attorney General of Ukraine and Director of the National Bureau of Ukraine or defined it representative. Order of the open competition is determined by the Attorney General of Ukraine, in consultation with the Director of the National Bureau of Ukraine ".

7. The law of Ukraine "on operative search activity" (Supreme Council of Ukraine, 1992, no. 22, article 303 of the following changes): 1) article 3 after the word "police" add the words "national anticorruption Bureau of Ukraine";

2) paragraph 11 of article 5 is put in the following wording: "National Bureau of Ukraine-detectives promptly, internal controls."

8. Law of Ukraine "on State registration of legal entities and individual entrepreneurs" (Supreme Council of Ukraine, 2003, # 31-32, article 263 of the following changes): 1) in paragraph seventeenth part one article 1 the words "financing of terrorism", replace the words "the financing of terrorism and the financing of proliferation of weapons of mass destruction";

2) in the text of the law the word "end vigodooderžuvač" in all cases and numbers to replace the words "the ultimate beneficial owner (Controller)" in the appropriate case and number.

9. Paragraph 2 of article 25 of the law of Ukraine "on the depositary system of Ukraine" (Supreme Council of Ukraine, 2013, no. 39, 517), after the words "tax police" add the words "National Bureau of Ukraine".

10. The law of Ukraine "on Procuracy" (Supreme Council of Ukraine, 2015, no. 2-3, art. 12; amended law of Ukraine of December 28, 2014 # 76-77 and # VIII-VIII): 1) in article 7: a) the first part of the supplement paragraph 5 the following contents: "5) Specialized anti-corruption prosecutors";
b) after part two to complement the new part of the following content: "3. The peculiarities of organization and activities of the specialized anti-corruption Prosecutor's Office identified the article 8-1 of this law. The establishment of specialized anti-corruption Prosecutor's Office, the definition of its structure and the State are carried out by the Attorney General of Ukraine, in consultation with the Director of the National Bureau of Ukraine ".

In this regard, part of the third-fifth count in accordance with parts of the fourth-sixth;

2) article 8 supplemented by part five of the following contents: "5. The General Prosecutor's Office of Ukraine is formed (a structural unit) Specialized anti-corruption Prosecutor's Office, which imposed the following functions: 1) oversee compliance with laws during the pre-trial investigation, conducted by the national anticorruption Bureau of Ukraine;

2) maintaining of the State prosecution in the relevant proceedings;

3) representing the interests of the citizen or the State in court in cases stipulated by this law and associated with corruption or corruption-related offenses.

Within the framework of the implementation of its functions the specialized anti-corruption Prosecutor's Office carries out international cooperation ";

3) to complement article 8-1 of the following contents: "article 8-1. Peculiarities of organization and activities of the specialized anti-corruption Prosecutor's Office 1. Prosecutors Specialised anti-corruption prosecutors are appointed on the basis of the results of the open competition according to the order of the head of the specialised anti-corruption Prosecutor's Office. The procedure of open competition is determined by the head of the specialised anti-corruption Prosecutor's Office.

2. The head of the specialised anti-corruption Prosecutor is subordinated to the Prosecutor General directly. The head of the specialised anti-corruption Prosecutor's Office, his first Deputy and Deputy appoints to the position of Attorney-General of Ukraine.

The head of the specialised anti-corruption Prosecutor's Office, his first Deputy and Deputy are appointed to the position in accordance with the results of open competition, which conducts the selection board consisting of four persons, certain Qualification-disciplinary bar Commission of prosecutors from among its members, and five representatives of public associations, designated by the Committee of the Verkhovna Rada of Ukraine, the subject-matter competence which belong to the issue of preventing and combating corruption. The order of competition for all these positions determines the selection board. Competition for the seizure of these posts is carried out publicly with a free access of representatives of the media, journalists on the meeting of the Contest Committee and providing real-time broadcast video and audìoìnformacìï of the Committee meetings on the Internet.

3. Specialized anti-corruption prosecutors placed in official premises of the national anti-corruption Bureau or the official premises of the General Prosecutor's Office (regional or local prosecutor), which are located separately from the other offices of the General Prosecutor's Office (regional or local prosecutor).

4. The general structure of the specialised anti-corruption Prosecutor's Office consists of the central apparatus and territorial affiliates, which are located in the same cities, in which are located the territorial administration of the national anti-corruption Bureau of Ukraine.

5. higher level Offices for the heads of departments and their deputies, senior prosecutors and prosecutors Specialized anti-corruption Prosecutor is head of Specialized anti-corruption Prosecutor's Office, his first Deputy and Deputy to the Deputy and first Deputy Head of the Specialised anti-corruption Prosecutor's Office-head of the specialised anti-corruption Prosecutor's Office. The Attorney General of Ukraine, his first Deputy and deputies have no right to instruct prosecutors Specialised anti-corruption Prosecutor's Office and perform other actions that directly relate to the implementation of the offices of the specialized anti-corruption Prosecutor's Office of their powers. Written orders of an administrative nature relating to the Organization of the activities of the specialised anti-corruption Prosecutor's Office, issued a binding agreement of the head of the specialised anti-corruption Prosecutor's Office.

6. The head of the specialised anti-corruption Prosecutor's Office, his first Deputy and Deputy within the term for which they were appointed, without their consent may not be transferred to another unit of the General Prosecutor or to regional or local prosecutor's Office.

7. Supervision of the dosudovim investigation of corruption in the event of their committing a prosecutor Specialized anti-corruption Prosecutor's Office carries out the public prosecutor, which is determined by the General Prosecutor of Ukraine with a number of his deputies (in addition to the head of the specialized anti-corruption Prosecutor's Office) or the heads of the General Prosecutor.

8. The Deputy Prosecutor General of Ukraine, head of the specialised anti-corruption Prosecutor's Office: 1) is Specialized anti-corruption prosecutors in relations with State authorities, local authorities, enterprises, institutions and organizations, public associations, international organizations and foreign Governments;

2) organizes the activities of the specialised anti-corruption Prosecutor's Office;
3) carries out the distribution of responsibilities between first Deputy and Deputy Head of the specialised anti-corruption Prosecutor's Office;

4) determines after the pre-trial investigation of the Prosecutor, which exercises the powers of the Prosecutor in particular criminal proceedings;

5) defines a group of prosecutors who exercise the powers of prosecutors in especially complicated criminal proceedings, as well as a Senior Attorney to guide the Group;

6) approves the hiring and dismissal of employees of the specialized anti-corruption Prosecutor's Office, which is not a Prosecutor;

7) in a ten-day period from the date of their occurrence reports Qualification-disciplinary Commission of prosecutors of Ukraine about the availability of vacant or temporarily vacant posts in the Specialised anticorruption prosecutor's Office;

8) controls the maintenance and analysis of statistical data, organizes study and generalisation of the practice of application of legislation and information-analytical support to subordinate prosecutors with the aim of improving the quality of the exercise by them of their functions;

9) provides the requirements concerning training of prosecutors Specialized anti-corruption Prosecutor's Office;

10) carries out other powers provided by this and other laws of Ukraine ";

4) the first part of article 15 paragraph 4 Add the following contents: 1-4-1), the Deputy Prosecutor General of Ukraine, head of the specialised anti-corruption Prosecutor's Office ";

5) part of the fifth article 24 Add the words "except when it comes to a decision in criminal proceedings, the investigation which was carried out by the national anticorruption Bureau of Ukraine, in such cases the corresponding right Prosecutor who participated in the proceedings, and regardless of his participation in the proceedings: the Manager of the specialized anti-corruption Prosecutor's Office, his first Deputy and Deputy;

6) article 39: a) the first part of the supplement point 4-1 the following contents: 4-1), Deputy Prosecutor General of Ukraine, the head of the specialised anti-corruption Prosecutor's Office ";

paragraph b) of the first part of the second sentence, add the following text: "the appointment of the Prosecutor of the Administrative Office, stipulated in paragraph 4-1 part one of this article, for a period of five years by the General Prosecutor of Ukraine in the manner prescribed by article 8-1 of the law";