Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF UKRAINE

of January 28, 2021 No. 1150-IX

About Bureau of economic safety of Ukraine

(as amended of the Law of Ukraine of 22.09.2021 No. 1774-IX - is applied since September 25, 2021)

This Law determines the legal basis of the organization and activities of Bureau of economic safety of Ukraine.

Section I General provisions

Article 1. Status of Bureau of economic safety of Ukraine

1. The bureau of economic safety of Ukraine is the central executive body to which tasks on counteraction to offenses which encroach on functioning of economy of the state are assigned.

According to the assigned tasks of Bureau of economic safety of Ukraine carries out law-enforcement, analytical, economic, information and other functions.

2. Activities of Bureau of economic safety of Ukraine go and coordinated by the Cabinet of Ministers of Ukraine.

The law of Ukraine "About the central executive bodies", other laws regulating activities of executive bodies, and also the Law of Ukraine "About public service" are applied to Bureau of economic safety of Ukraine and his workers in the part which is not contradicting this Law.

3. The legal basis of activities of Bureau of economic safety of Ukraine is constituted by the Constitution of Ukraine, the international agreements of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, this Law and other laws of Ukraine, and also regulatory legal acts adopted according to it.

Article 2. Determination of terms

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

1) risk analysis - information and analytical activities for assessment of threats of economic safety, degree of its vulnerability and level of negative impact on it;

2) the detective of Bureau of economic safety of Ukraine - the official of Bureau of economic safety of Ukraine authorized within the competence determined by the Law of Ukraine "About operational search activities" and the Criminal Procedure Code of Ukraine to perform operational search activities and pre-judicial investigation of the criminal offenses carried by the law to competence of Bureau of economic safety of Ukraine;

3) the criminal analysis - the information and analytical activities directed to establishment of interrelations between data on criminal activities and other data potentially connected with them their estimation and interpretation, forecasting of development of the researched events for the purpose of their use for identification, suppression and investigation of criminal offenses which encroach on functioning of economy of the state;

4) unstructured data - form of data presentation and/or information in the form of the full text databases containing the texts which do not have the single structural organization, but provided in shape which gives the chance to perform bystry search;

5) council of public control under Bureau of economic safety of Ukraine - permanent collegiate elected body which is formed for implementation of public control over activities of Bureau of economic safety of Ukraine, establishing effective interaction with the public, implementation of other powers determined by the legislation;

6) risk - threat which is identified in the budget, tax, customs, monetary or investment sphere which impact leads to tenization of economy and weakening of economic safety of the state;

7) risk - the oriented approach - identification, estimation and risk identification of making of criminal offenses in the sphere of economy, and also acceptance of adequate measures on risk management by method and in amount which provide minimization of such risks depending on their level;

8) risk management - development on the basis of risks assessment and realization of the management decisions directed to minimization of such risks, and also to increase in capacity of the state institutes on neutralization of threats of economic safety.

2. The term "faultless goodwill" is used in this Law in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

3. Other terms are used in this Law in the values given in the legislation of Ukraine.

Article 3. Principles of activities of Bureau of economic safety of Ukraine

1. The bureau of economic safety of Ukraine performs the activities on the basis of the principles:

1) supremacy of law;

2) legality;

3) priority of observance of the rights, freedoms and interests of physical persons and legal entities;

4) efficiency;

5) openness and transparency of activities of Bureau of economic safety of Ukraine for society and public control, accountability and submission to control to the state bodies determined by the law;

6) political neutrality and extra party membership;

7) independence of others, except state, interests;

8) personal responsibility of each worker;

9) justice;

10) impartiality;

11) one-man management in realization of powers of Bureau of economic safety of Ukraine;

12) interactions with other state bodies, local government bodies, public associations.

Article 4. Tasks of Bureau of economic safety of Ukraine

1. The main objectives of Bureau of economic safety of Ukraine are:

1) identification of zones of risks in the sphere of economy by the analysis of the structured and unstructured data;

2) risks assessment and threats of economic safety of the state, development of methods of their minimization and elimination;

3) provision of offers on modification of regulatory legal acts concerning elimination of prerequisites of creation of schemes of unlawful activity in the sphere of economy;

4) ensuring economic safety of the state by the prevention, identifications, suppression, investigation of criminal offenses which encroach on functioning of economy of the state;

5) collection and information analysis about the offenses influencing economic safety of the state, and determination of methods of their prevention in the future;

6) planning of actions in the sphere of counteraction to the criminal offenses carried by the law to its competence;

7) identification and investigation of the offenses connected with obtaining and use of the international technical assistance;

8) creation of the analytical conclusions and recommendations for state bodies for the purpose of increase in efficiency of acceptance of management decisions by them on regulation of the relations in the sphere of economy.

Article 5. Guarantees of independence of Bureau of economic safety of Ukraine

1. Independence of Bureau of economic safety of Ukraine is guaranteed determined by this Law and other laws of Ukraine:

1) special procedure for competitive selection, appointment and dismissal of the Director of Bureau of economic safety of Ukraine, his deputies, other workers, and also the exhaustive list of the bases for the termination of their powers determined by the law;

2) prohibition of illegal intervention in implementation of powers of employees of Bureau of economic safety of Ukraine;

3) proper compensation and social guarantees of employees of Bureau of economic safety of Ukraine;

4) legal protection and ensuring personal security of staff of Bureau of economic safety of Ukraine, their close relatives, property;

5) the procedure for financing and material logistics of Bureau of economic safety of Ukraine established by the law;

6) in a different way, the determined this Law.

2. Intervention of the President of Ukraine, public authorities, local government bodies, their official and officials, political parties, public associations, other legal entities, and also physical persons in activities of Bureau of economic safety of Ukraine for the bases which are not provided by the law is forbidden.

Any instructions, offers, requirements, orders sent to the Bureaus of economic safety of Ukraine and to his workers concerning questions of pre-judicial investigation specific criminal procedures and which are not provided by the Criminal Procedure Code of Ukraine are illegal and are not subject to execution. In case of receipt of such specifying, the requirement, the order, etc. The director of Bureau of economic safety of Ukraine, the employee of Bureau of economic safety of Ukraine instantly informs on it in writing law enforcement agencies.

Article 6. International cooperation of Bureau of economic safety of Ukraine

1. The bureau of economic safety of Ukraine performs cooperation with competent authorities of other states, the international, intergovernmental organizations within the competence according to the legislation of Ukraine and international treaties of Ukraine.

2. Employees of Bureau of economic safety of Ukraine in the cases and procedure determined by the Criminal Procedure Code of Ukraine and other laws of Ukraine go to the international organizations, foreign states as competent representatives for the purpose of ensuring coordination of cooperation on the questions relating to powers of Bureau of economic safety of Ukraine and are recruited in the international actions connected with ensuring economic safety of Ukraine and also the international actions for experience exchange.

3. Employees of Bureau of economic safety of Ukraine can take part in the international investigation teams according to the legislation of Ukraine and international treaties of Ukraine, involve foreign experts in fight against criminal offenses in the sphere which is within the competence of Bureau of economic safety of Ukraine, to carry out other powers connected with accomplishment of the obligations assigned to them, stipulated by the legislation concerning international cooperation with competent authorities of other states and the international organizations.

Article 7. Interaction of Bureau of economic safety of Ukraine with other public authorities, local government bodies, law enforcement agencies and other persons

1. The bureau of economic safety of Ukraine in the course of the activities interacts with public authorities, local government bodies, other authorities, the companies, organizations and the organizations, banks and other financial institutions according to the law.

2. The procedure for exchange of information, including operational, holding joint actions of Bureau of economic safety of Ukraine and other state bodies which according to the law perform operational search activities is established by joint orders of Bureau of economic safety of Ukraine and the relevant state bodies.

3. The bureau of economic safety of Ukraine according to the procedure determined by the law has direct, including automated, access to the automated information and help systems, registers and banks (bases) of data, holder (administrator) of which are state bodies or local government bodies, uses state, including governmental, means of communication and communications, networks of special communication and other technical means.

The procedure for such access is determined by the corresponding interservice agreements (agreements), joint orders (orders) and protocols to them or according to the procedure of electronic information exchange if other is not provided by the law.

4. Public service of financial monitoring of Ukraine for the purpose of prevention and counteraction of legalization (washing) of income gained in the criminal way transfers to Bureau of economic safety of Ukraine information, including the generalized materials (the additional generalized materials), according to the procedure, determined by the law.

5. The bureau of economic safety of Ukraine interacts with the National commission on securities and the stock market and is provided with access to its automated information and help systems, registers and banks (bases) of data.

6. The Antimonopoly Committee of Ukraine, Fund of state-owned property of Ukraine, bodies of the state financial control, tax and customs authorities, and also other state bodies exercising the state control of observance of the legislation of Ukraine by legal entities and physical persons for the purpose of the prevention and counteraction to the criminal offenses carried to competence of Bureau of economic safety of Ukraine transfer to Bureau of economic safety of Ukraine information on the circumstances testimonial of making of the criminal offenses carried to competence of Bureau of economic safety of Ukraine.

7. Reclamation of Bureau of economic safety of Ukraine of information and/or documents from public authorities, local government bodies, the companies, organizations and the organizations, office and physical persons can be performed according to their competence and according to the procedure, determined by the Criminal Procedure Code of Ukraine.

8. Obtaining from banks of information containing bank secrecy is performed according to the procedure and amount, determined by the Criminal Procedure Code of Ukraine, the Law of Ukraine "About banks and banking activity". Receipt of Bureau of economic safety of Ukraine from Central Securities Depository, the National Bank of Ukraine and depository institutions of information containing in system of depositary accounting of securities is performed according to the procedure and amount, determined by the Law of Ukraine "About depositary system of Ukraine", taking into account provisions of this Law.

Information processing is performed by Bureau of economic safety of Ukraine with compliance with law about personal data protection and providing the secret protected by the law.

9. Receipt of Bureau of economic safety of Ukraine from state bodies, local government bodies of information which is absent in the automated information and help systems registers and banks (bases) of data for carrying out the analytical activities determined by this Law is performed based on the written request.

The request shall contain:

1) foundations of sending an inquiry that is on what accomplishment of the task provided by this Law the request is prepared;

2) list of required information;

3) the specific list of documents which are offered to be provided;

4) authorized signature of Bureau of economic safety of Ukraine.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.