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LAW OF UKRAINE

of September 17, 2020 No. 912-IX

About investigation

This Law determines legal and organizational basis of functioning of investigation, legal status and social guarantees of staff of prospecting bodies of Ukraine and persons involved in accomplishment of prospecting tasks and also procedure of control of investigation.

Section I General provisions

Article 1. Main terms

1. In this Law the stated below terms are used in such value:

1) own safety - condition of security of forces and means of investigation, intelligence activities, and also information on prospecting body and intelligence activities in case of which their safe functioning and implementation are provided;

2) investigation - organizational and functional combination of the prospecting bodies determined by this Law and activities which they perform independently or in interaction among themselves and with other subjects of prospecting community for the purpose of ensuring national security and defense of Ukraine;

3) intelligence activities - system of the prospecting events held by prospecting bodies of Ukraine for accomplishment of the tasks assigned to these bodies and implementation of the functions determined by this Law;

4) prospecting action - complex of actions and decisions of prospecting body and/or in the cases determined by this Law, other subject of prospecting community using methods, forces and means of investigation;

5) prospecting information - oral, fixed on material carriers (including in samples of products and substances) or the reflected data in electronic form or data which are not public or which cannot be received in the official way, about intentions, plans and actions of foreign states, the organizations and persons or about their potential opportunities for realization of such intentions and plans, and also processes, events, circumstances, technologies, knowledge for the benefit of homeland security and defense of Ukraine;

6) prospecting secret - type of secret information which covers data and data obtained or created by prospecting bodies of Ukraine during accomplishment of the tasks assigned to these bodies and implementation of the functions determined by this Law which disclosure can cause damage to functioning of investigation and access, to which it is limited in connection therewith by the Law for the benefit of homeland security of Ukraine;

7) prospecting bodies of Ukraine (further - prospecting bodies) - the state bodies authorized by this Law to perform intelligence activities for the purpose of protection of national interests of Ukraine against external threats;

8) forces and means of investigation - the staff of prospecting bodies and persons involved in confidential cooperation with these bodies, bodies of military management of investigation and military units of investigation, division, the company, organization, the organization, institution, means and structure of cover, the building, room, vehicles, information systems and databases, technical means of investigation, arms, ammunition, the military and special equipment, special technical means, other property, money in national and foreign currencies which are used for implementation of intelligence activities or for the organization or ensuring its implementation, and also force and means of other subjects of prospecting community in the cases determined by this Law;

9) special (active) events - the prospecting actions directed to assistance of realization of national interests of Ukraine, counteraction to intentions, plans and actions which create external threats of homeland security of Ukraine;

10) the employee of personnel structure - the employee of prospecting body who on position which he holds in this body fulfills the job (office) responsibilities which are directly connected with the organization, implementation and ensuring intelligence activities;

11) the employee under cover - the employee of personnel structure fulfilling job (office) responsibilities without disclosure of information on its belonging to prospecting body to persons to whom access to such information is in accordance with the established procedure not provided;

12) consumers - The president of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the chairman and members of the committee of the Verkhovna Rada of Ukraine to whose area of jurisdiction questions of ensuring control functions of the Verkhovna Rada of Ukraine behind activities of bodies of special purpose with law-enforcement functions, law enforcement agencies of special purpose and prospecting bodies, the Prime Minister of Ukraine, members and the Secretary of the National Security and Defense Council of Ukraine, and also the constituting sectors of safety and defense of Ukraine determined by the President of Ukraine another to which in the procedure established by the legislation prospecting information is provided are carried;

13) technical means of investigation - technical means, the equipment, the equipment, the devices, devices, medicines and other products which are specially created, programmed, acquired, upgraded, adapted and intended for implementation and ensuring intelligence activities;

14) the authorized judge - the lord justice of appeal on consideration of criminal proceedings to which powers implementation according to the procedure belongs, provided by this Law, judicial control of observance of the rights, freedoms and interests of persons during implementation of intelligence activities.

2. Other terms are used in this Law in the values determined in the Law of Ukraine "About homeland security of Ukraine" and other legal acts of Ukraine.

Article 2. Main objectives of investigation

1. The main objectives of investigation are:

1) timely providing consumers with operational information;

2) assistance of realization of national interests of Ukraine;

3) counteraction to external threats of homeland security of Ukraine in the spheres determined by the law.

Article 3. Legal basis of functioning of investigation

1. The legal basis of functioning of investigation is constituted by the Constitution of Ukraine, the existing international agreements which consent to be bound is provided by the Verkhovna Rada of Ukraine, this and other laws of Ukraine, and also regulatory legal acts published on their basis.

Section ІІ Prospecting community and general bases of functioning of investigation

Article 4. Prospecting community

1. For the purpose of effective implementation of tasks of investigation in Ukraine the prospecting community functions.

2. Subjects of prospecting community are:

1) coordinating body concerning investigation;

2) the prospecting bodies determined by this Law;

3) Security Service of Ukraine;

4) the constituting sectors of safety and defense determined by the National Security and Defense Council of Ukraine another involved by prospecting bodies in accomplishment of prospecting tasks and strengthening of prospecting opportunities of the state.

3. The operational divisions of the Central management of the Security Service of Ukraine performing counterintelligence activities according to this Law can hold prospecting events for the purpose of receipt of information for the benefit of counterintelligence.

4. The coordinating body concerning investigation can be formed by the President of Ukraine as permanent auxiliary or another, the body for assistance of realization of powers of the President of Ukraine determined by article 106 of the Constitution of Ukraine including as Chairman of the board of homeland security and defense of Ukraine, ensuring interaction, development and coordination of joint activities of subjects of prospecting community.

Regulations on coordinating body concerning investigation and its members affirm the President of Ukraine.

The decisions of coordinating body concerning investigation enacted by acts of the President of Ukraine are obligatory to execution by all subjects of prospecting community.

5. General coordination of activities of subjects of prospecting community is performed by the National Security and Defense Council of Ukraine.

Article 5. Prospecting bodies

1. Prospecting bodies are:

1) Service of foreign intelligence of Ukraine;

2) prospecting body of the Ministry of Defence of Ukraine;

3) the prospecting body of the central executive body realizing state policy in the sphere of protection of frontier.

2. Implementation of intelligence activities by others, than provided by this Article, state bodies, military forming, the companies, organizations, the organizations of any pattern of ownership or physical persons is forbidden, except holding prospecting actions and implementation of special investigation by other subjects of prospecting community in the cases provided by this Law.

3. The regulations on prospecting body are approved by the President of Ukraine.

4. Prospecting bodies are legal entities of the public law.

Article 6. Main functions of prospecting bodies

1. Prospecting bodies in pursuance of the main objectives of investigation determined by article 2 of this Law:

1) perform production, analytical processing, processing and provision of prospecting information to her consumers in the procedure established by this Law;

2) strengthenings of defense capability of the state, economic and scientific and technical development hold events for the purpose of assistance of realization of national interests of Ukraine, safety and participation in forming and realization of state policy in the spheres determined by the law;

3) are revealed and determine extent of external threats of homeland security of Ukraine, including in cyberspace, life, to health of her citizens and objects of state-owned property outside Ukraine, organized and hold special (active) events concerning such threats and counteraction of other activities which constitute external threat of homeland security of Ukraine;

4) within the powers determined by the legislation take part in safety of foreign diplomatic organizations of Ukraine, including by the organization and holding the relevant activities by authorized persons of these organizations;

5) render assistance of the government to specially authorized body in the sphere of counterintelligence activities in implementation of counterprospecting providing foreign diplomatic organizations of Ukraine, safety of staff of these organizations and members of their families in the state of stay recalled abroad citizens of Ukraine, informed in the data which are the state secret and also protection of the state secret in these organizations;

6) take part in fight against terrorism, counteraction of prospecting subversive activities against Ukraine, transnational organized crime and other criminal activities posing external threat of homeland security of Ukraine;

7) participate in actions of the state control of the international transfers of military goods and double use, in particular, for the purpose of prevention and counteraction to distribution of weapons of mass destruction and means of its delivery, to illicit trafficking in military goods and double use;

8) ensure own safety;

9) perform cooperation with competent authorities of foreign states, the international organizations;

10) others, determined by the law perform, functions for the purpose of ensuring national security of Ukraine.

2. Functions of Service of foreign intelligence of Ukraine and prospecting body of the Ministry of Defence of Ukraine in the sphere of military and technical cooperation, and also procedure for their interaction when implementing intelligence activities in this sphere are determined present and other laws of Ukraine, acts of the President of Ukraine.

3. Activities of prospecting bodies can be used only for implementation of the functions determined by the law.

Article 7. Structure and number of prospecting bodies

1. The organizational structure of prospecting body is determined by the President of Ukraine.

2. Total number of Service of foreign intelligence of Ukraine is determined by the law.

3. The extreme number of the prospecting bodies functioning in subordination of the central executive bodies the President of Ukraine within the approved Verkhovna Rada of Ukraine of total number of the Armed Forces of Ukraine determines, others, formed according to the laws of Ukraine, military forming.

Article 8. Service of foreign intelligence of Ukraine

1. The service of foreign intelligence of Ukraine performs intelligence activities in foreign policy, economic, military and technical, scientific and technical, information, ecological spheres, the sphere of cyber security.

2. Tasks, powers, the procedure for the organization and implementation of foreign intelligence of Ukraine by Service of intelligence activities, legal status and features of social and legal protection of employees, financial and material logistics, information security, and also democratic civil control of implementation of intelligence activities by it are determined by this Law, and legal status of Service of foreign intelligence of Ukraine as separate state and military forming, general structure and number - the Law of Ukraine "About Service of foreign intelligence of Ukraine".

3. The service of foreign intelligence of Ukraine within competence can involve in accomplishment of prospecting tasks of other subjects of prospecting community determined by Items 3 and 4 of part two of article 4 of this Law.

Article 9. Prospecting body of the Ministry of Defence of Ukraine, other subjects of system of military investigation

1. The prospecting body of the Ministry of Defence of Ukraine performs intelligence activities in the military sphere, spheres of defense, military construction, military and technical and cyber security.

2. Subjects of system of military investigation are the following components of prospecting community:

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