Unofficial transfer (c) Soyuzpravoinform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 12, 2023 No. 977

About approval of evidential standards of reasonable suspicion for inclusion/exception of sanctions lists of the Security Council of the United Nations, sanctions lists of foreign states and the list of faces tied with implementation of terrorist activities or to which the international sanctions are applied

According to part one of article 11-1 of the Law of Ukraine "About fight against terrorism" the Cabinet of Ministers of Ukraine decides:

Approve evidential standards of reasonable suspicion for inclusion/exception of sanctions lists of the Security Council of the United Nations, sanctions lists of foreign states and the list of faces tied with implementation of terrorist activities or to which the added international sanctions are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 12, 2023 No. 977

Evidential standards of reasonable suspicion for inclusion/exception of sanctions lists of the Security Council of the United Nations, sanctions lists of foreign states and the list of faces tied with implementation of terrorist activities or to which the international sanctions are applied

1. These evidential standards of reasonable suspicion for inclusion/exception of sanctions lists of the UN Security Council, sanctions lists of foreign states and the list of faces tied with implementation of terrorist activities or to which the international sanctions are applied (further - evidential standards) determine good causes in case of which confirmation of availability/absence it is possible to consider that physical persons, legal entities and the organizations (further - persons) correspond to the criteria determined by relevant resolutions of the UN Security Council for inclusion/exception of sanctions lists of the UN Security Council, sanctions lists of foreign states (further - sanctions lists) and the list of persons, connected with implementation of terrorist activities or to which the international sanctions are applied (further - the list of persons) within accomplishment of 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".

2. These evidential standards are used by Security service when implementing the operational search and counterprospecting actions connected with the prevention, identification and the termination of terrorist activities, according to the procedure, determined by the legislation in the field of fight against terrorism for the purpose of the solution of the questions connected with identification of persons corresponding to the criteria determined by relevant resolutions of the UN Security Council for inclusion/exception of sanctions lists and the list of persons, and also operational verification of information on compliance of persons to such criteria within the corresponding request of foreign state - for the purpose of factual determination of compliance/discrepancy of persons to such criteria for initiation judicially according to the law of question of inclusion/exception of persons of the list of persons, and/or submissions of offers to the relevant committees of the UN Security Council and/or in foreign states concerning inclusion/exception of such persons of the corresponding sanctions lists.

3. Vnastoyashchy evidential standards terms are used in the following value:

1) the conclusion document in writing about availability of the good causes confirming compliance of persons to the criteria determined by relevant resolutions of the UN Security Council, for inclusion/exception of persons of sanctions lists and the list of persons, constituted by responsible division by results of the analytical research of the relevant information conducted by it and based on results of assessment of threats of state security;

2) evidential standards - the complex of the basic rules of carrying out quantitative and quality standard of set of the facts or information providing forming of level of the assumption sufficient for decision making about compliance of persons to the criteria determined by relevant resolutions of the UN Security Council for inclusion/exception of persons of sanctions lists and the list of persons;

3) reliability property of information objectively to reflect the processes and the phenomena connected with implementation of the terrorist activities and/or activities connected with distribution of weapons of mass destruction;

4) reasonable suspicion - set of the facts or information necessary for the solution of question of inclusion/exception of persons of sanctions lists and the list of faces which allow responsible division to come to the fair assumption (conclusion) based on results of their analysis, assessment and understanding of risks for state security of rather possible production by person, final beneficial owner or principal of person of the terrorist activities or activities connected with financing of weapons of mass destruction and also can be checked by the impartial subject and convince him of justification of need of inclusion/exception of persons of sanctions lists and the list of persons. Such assumption is based on results of the analysis which is carried out by responsible division of the checked and documented information which confirms/confutes the conditions determined in Items 5-8 of these evidential standards;

5) objectivity property of information, characterizing her impartiality, independence of thought, will, desires of staff of responsible division and methods of receipt of such information;

6) completeness property of information, characterizing sufficiency of data for decision making on inclusion/exception of persons of sanctions lists and the list of persons;

7) relevance property of information, the compliance to decision making process characterizing it about inclusion/exception of persons of sanctions lists and the list of persons;

8) timeliness property of information, characterizing its relevance at the time of decision making about inclusion/exception of persons of sanctions lists and the list of persons;

9) responsible division - division of Security service to which main objectives counteraction of terrorist activities or to terrorism financing, or counterprospecting ensuring compliance with the international non-proliferation regime of weapons of mass destruction which is authorized to constitute the conclusion by results of carrying out analytical research of the relevant information for the purpose of establishment of the good causes confirming compliance of persons to the criteria determined by relevant resolutions of the UN Security Council for inclusion/exception of persons of sanctions lists and the list of persons is referred.

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