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Ministry of Justice of Ukraine

May 14, 2021

No. 642/36264

THE ORDER OF THE NATIONAL AGENCY OF UKRAINE CONCERNING IDENTIFICATION, SEARCH AND ASSET MANAGEMENT, RECEIVED FROM CORRUPTION AND OTHER CRIMES, THE STATE BUREAU OF INVESTIGATIONS

of April 26, 2021 No. 151/262

About approval of the Order of interaction of ARMA and State bureau of investigations concerning identification and search of assets

According to Item 6 parts one of Article 10, to Articles 15 - 18 Laws of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes", to Items 8, 16 parts one of Article 12, of part three of article 22 of the Law of Ukraine "About the State bureau of investigations", for the purpose of ensuring proper interaction by consideration of ARMA of appeals of the State bureau of investigations and execution of requests of foreign states concerning identification and search of assets of PRIKAZYVAYEM:

1. Approve the Order of interaction of ARMA and State bureau of investigations concerning identification and search of assets which is applied.

2. To provide to management of identification and search of assets of ARMA submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. We reserve control of execution of this order.

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

The acting as the Chairman of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes 

V. Sigidin

Acting as Direktora the State bureau of investigations

A. Sukhachev

 

It is approved:

Head of the Secretariat of the Representative of the Verkhovna Rada of Ukraine for human rights

 

N. Fedorovich

Approved by the Order of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, the State bureau of investigations of April 26, 2021 No. 151/262

Order of interaction of ARMA and State bureau of investigations concerning identification and search of assets

I. General provisions

1. This Procedure determines bases of interaction between ARMA and the State bureau of investigations (further - GBR) by questions:

accomplishment of ARMA of appeals of GBR concerning identification and search of assets (money, property, property and other rights) which it can be seized in criminal proceedings;

accomplishment of GBR of requests of ARMA concerning provision of information necessary for creation of ARMA of reply to the request of relevant organ of foreign state;

considerations of GBR of information of ARMA on signs of the criminal offenses found by it during execution of the functions determined by the law and powers of ARMA, other questions connected with accomplishment of powers of ARMA.

2. This Procedure is developed taking into account provisions of the Criminal Procedure Code of Ukraine, the laws of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes", "About the State bureau of investigations" and other regulatory legal acts.

3. In this Procedure terms are used in such values:

conclusion - information of ARMA on signs of the criminal offenses revealed in case of accomplishment of the functions determined by the law and powers of ARMA and not specified in the address;

the answer - the document ARMA constituted by results of processing of the address;

request of ARMA - the appeal of ARMA to GBR about provision of the data necessary for creation of ARMA of the response to foreign request which are absent on hand;

the address - the request of the subject of the address addressed to ARMA concerning identification and/or search of assets which it can be seized in criminal proceedings;

foreign request - request to relevant organ of foreign state concerning obtaining from ARMA of information on the questions connected with identification, search and asset management;

the subject of the address - the investigator GBR or body of pre-judicial investigation of GBR on behalf of his head.

Other terms used in this Procedure are used in the values determined by the Law of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" (further - the Law), the Law of Ukraine "About prevention of corruption", the Criminal Procedure Code of Ukraine.

4. Subjects of information relations according to this Procedure are ARMAGH and GBR.

5. Procedures of the organization of information interaction between ARMAGH and GBR are determined by questions which are not covered by Item 1 of this Section separately.

II. Subjects of the address

1. On accomplishment of ARMA the addresses in specific criminal proceedings prepared by subjects of the address which are effective within the powers are accepted.

Powers of the investigator, the head of body of pre-judicial investigation of GBR on the address are confirmed by the statement from the Unified register of pre-judicial investigations.

2. Subjects of the address are independent in creation and the direction of appeals to ARMA.

III. Requirements to the address

1. The address is constituted in writing and stated on the GBR form with indication of registration number and registration date of outgoing correspondence, and also signed personally:

investigator of GBR;

the head of body of pre-judicial investigation of GBR - if the subject of the address is the body of pre-judicial investigation of GBR on behalf of his head.

2. In the address the following data are specified:

1) surname, name and middle name of the subject of the address with indication of its up-to-date contact information (telephone and electronic communication), addresses for correspondence, positions;

2) the name of body of pre-judicial investigation of GBR in which the subject of the address works;

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