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Ministry of Justice of Ukraine

May 11, 2022

No. 507/37843

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

of February 22, 2022 No. 54/50

About approval of the Order of interaction of ARMA and Bureau of economic safety of Ukraine on identification and search of assets

According to Item 6 parts one of Article 10, Articles 15 - 18 Laws of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, the Items received from corruption and other crimes", Item 12 parts one of Article 8, 16, 20 parts one of article 17 of the Law of Ukraine "About Bureau of economic safety of Ukraine", for the purpose of ensuring proper interaction by consideration of ARMA of appeals of Bureau of economic safety of Ukraine concerning identification and search of assets which it can be seized in criminal proceedings and accomplishment of requests of foreign states on identification and search of assets we order:

1. Approve the Order of interaction of ARMA and Bureau of economic safety of Ukraine 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

D. Zhoravovich 

Director of Bureau of economic safety of Ukraine 

V. Melnik

In coordination:

Representative of the Verkhovna Rada of Ukraine for human rights

 

L. Denisova

Approved by the Order of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, Bureau of economic safety of Ukraine of February 22, 2022 No. 54/50

Order of interaction of ARMA and Bureau of economic safety of Ukraine on identification and search of assets

I. General provisions

1. This Procedure determines bases of interaction between ARMAGH and BEB by questions:

accomplishment of ARMA of appeals of BEB on identification and search of assets (means, property, property and other rights) which it can be seized in criminal proceedings;

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

considerations of BEB of information of ARMA concerning signs of the criminal offenses revealed by it during accomplishment 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" (further - the Law), "About Bureau of economic safety of Ukraine" and other regulatory legal acts.

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

conclusion - information of ARMA on signs of criminal offenses which are 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 BEB about provision of the data necessary for creation of ARMA of the response to foreign request which are absent at the disposal of ARMA;

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

foreign request - request of 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 detective BEB or body of pre-judicial investigation of BEB on behalf of his head.

Other terms used in this Procedure are used in the values determined by 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 BEB.

5. Procedures of the organization of information exchange between ARMAGH and BEB 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 detective, the head of body of pre-judicial investigation of BEB 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 BEB form with indication of registration number and registration date of outgoing correspondence, and also signed personally:

detective of BEB;

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

2. In the address the following data are specified:

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

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

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