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Ministry of Justice of Ukraine

August 9, 2022

No. 905/38241

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, OFFICE OF THE ATTORNEY-GENERAL

of August 9, 2022 No. 3332/5/152

About approval of the Procedure for preparation and consideration of addresses about assistance in identification and search of assets of persons to which sanctions are applied

According to parts one, the eighth article 5 of the Law of Ukraine "About sanctions", taking into account Articles 2, 9 Laws of Ukraine "About prosecutor's office", Articles 36, 222 Criminal Procedure Codes of Ukraine, Items 1, of 9, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 2, 2014 228, for the purpose of ensuring provision by prosecutor's office of information on the appeal of the Ministry of Justice of Ukraine we ORDER to No.:

1. Approve the Procedure for preparation and consideration of addresses about assistance in identification and search of assets of persons to which sanctions which is applied are applied.

2. To management of justice and punitive justice of the Ministry of Justice of Ukraine (Oleynik E.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

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

4. We reserve control of execution of this order.

Minister of Justice of Ukraine

D. Malyuska

Attorney-General

A. Kostin

 

It is approved:

First Deputy Minister of digital transformation of Ukraine

 

A. Vyskub

Approved by the Order of the Ministry of Justice of Ukraine, Office of the Attorney-General of August 9, 2022, No. 3332/5/152

Procedure for preparation and consideration of addresses about assistance in identification and search of assets of persons to which sanctions are applied

I. General provisions

1. The procedure for preparation and consideration of addresses about assistance in identification and search of assets of persons to which sanctions are applied (further - the Procedure) determines procedure for granting prosecutor's office of information which she possesses as a result of realization of powers on procedural management of pre-judicial investigation in the corresponding criminal procedures, namely data, documents and materials (proofs) which can be used by the Ministry of Justice of Ukraine as the basis for appeal to the court, and also for identification and search of assets of the physical persons or legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine concerning which according to the procedure, determined by the Law of Ukraine "About sanctions", the sanction in the form of blocking of assets, including identification of earlier not blocked assets is applied.

2. This Procedure is developed according to the Law of Ukraine "About sanctions" and taking into account the Laws of Ukraine "About information", "About electronic documents and electronic document management", "About electronic confidential services", "About personal data protection", "About prosecutor's office", the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure of Ukraine), the subitem 2 Items 6, of Item 9 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228.

3. Provision of information by bodies of prosecutor's office is performed electronically by electronic exchange with the help of the information system "Electronic Document Management System of Bodies of Prosecutor's Office of Ukraine" integrated into system of electronic interaction of executive bodies, and in case of need provisions of office information - taking into account requirements of the Standard instruction about procedure for accounting, storage, use and destruction of the documents and other material data carriers containing office information, Ukraine approved by the resolution of the Cabinet of Ministers of October 19, 2016 No. 736.

Properly verified copies of materials of pre-judicial investigation in the corresponding criminal proceedings can be provided the prosecutor, in paper form on the decision, performing procedural management of pre-judicial investigation.

4. For the purposes of this Procedure terms are used in such values:

assets - means, property, property and other rights of the physical persons or legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine concerning which according to the procedure, determined by the Law of Ukraine "About sanctions", the sanction in the form of blocking of assets is applied;

the relevant decision of the National Security and Defense Council of Ukraine - the decision of the National Security and Defense Council of Ukraine made after the entry on May 24, 2022 by law of Ukraine "On modification of some legal acts of Ukraine concerning increase in efficiency of the sanctions connected with assets of individuals" concerning physical persons or legal entities to which the sanction in the form of blocking of assets which became effective according to article 5 of the Law of Ukraine "About sanctions" is applied;

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