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Ministry of Justice of Ukraine

October 2, 2020

No. 966/35249

DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of July 28, 2020 No. 405

About approval of Rules of hearing of cases about violation of requirements of the legislation on the capital markets and the organized goods markets, applications of sanctions or other corrective actions

(as amended on 15-07-2021)

According to article 255 of the Code of Ukraine about administrative offenses and Articles 7 - 9, 11, 12 Laws of Ukraine "About state regulation of the security market in Ukraine", to Item 14 of the Section II of the Law of Ukraine of September 12, 2019 No. 79-IX "About modification of some legal acts of Ukraine concerning enhancement of functions on state regulation of the markets of financial services" and for the purpose of enhancement of the procedure of law enforcement in the security market and in system of accumulative provision of pensions, considering requirements of the legislation, the National commission on securities and the stock market RESHILA:

1. Approve Rules of hearing of cases about violation of requirements of the legislation on the capital markets and the organized goods markets, applications of sanctions or other corrective actions which are applied.

2. Declare invalid the decision of the National commission on securities and the stock market of October 16, 2012 No. 1470 "About approval of Rules of hearing of cases about violation of requirements of the legislation in the security market and applications of sanctions", registered in the Ministry of Justice of Ukraine on November 5, 2012 for No. 1855/22167 (with changes).

3. To department of law enforcement (Yagnich A.) provide:

submission of this decision on state registration in the Ministry of Justice of Ukraine;

promulgation of this decision on the official website of the National commission on securities and the stock market.

4. This decision becomes effective from the date of its official publication.

5. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Nazarchuk I.

Commission chairman

T. Hromayev

 

It is approved:

Representative of the Verkhovna Rada of Ukraine for human rights

 

L. Denisova

Approved by the Decision of the National commission on securities and the stock market of Ukraine of July 28, 2020 No. 405

Rules of hearing of cases about violation of requirements of the legislation on the capital markets and organized goods markets, applications of sanctions or other corrective actions

I. General provisions

1. These Rules determine procedure and terms of consideration by the National commission on securities and the stock market of cases on violation by citizens, officials and legal entities of requirements of the consumer protection law of financial services, about the capital markets and the organized goods markets, including about system of accumulative provision of pensions and procedure for promulgation of the financial reporting together with the audit report (further - legislations on the capital markets and the organized goods markets).

2. The purpose of these rules is ensuring compliance by members with the capital markets and the organized goods markets, subjects of system of accumulative provision of pensions of requirements of the legislation on the capital markets and the organized goods markets, protection of the rights of investors in financial instruments (including consumers of financial services), members of the capital markets and the organized goods markets.

3. Hearing of cases about violation of requirements of the legislation on the capital markets and the organized goods markets (further - offense, violation of the law) made in the territory of Ukraine is performed according to these rules.

4. Production task on cases on offenses are timely, complete and objective clarification of circumstances of each case, the decision it in strict accordance with the legislation, ensuring execution of the passed decision, and also identification of the reasons and conditions promoting making of offenses and prevention of offense.

5. Authorized persons of NKTsBFR (further - authorized persons) within the powers shall in each case of identification of offense comprehensively, fully and objectively to analyse data and information concerning violation, to take all necessary measures for documentary fixing of the fact of offense, and also to timely apply stipulated by the legislation sanctions or other corrective actions.

The decision on case shall be legal and reasonable. The decision shall be based only on those proofs which were researched during consideration of the case.

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