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DECISION OF THE NATIONAL SECURITY AND DEFENSE COUNCIL OF UKRAINE

of January 23, 2024

About urgent measures for ensuring economic safety for action of legal regime of warlike situation

For the purpose of acceptance of additional measures for ensuring economic safety and protection of national interests of Ukraine in the conditions of action of legal regime of warlike situation the National Security and Defense Council of Ukraine solved:

1. Recommend to the President of Ukraine to form Council for questions of support of entrepreneurship in the conditions of warlike situation.

2. To the Cabinet of Ministers of Ukraine instantly:

a) submit for consideration of the Verkhovna Rada of Ukraine bills of modification in:

The law of Ukraine "About Bureau of economic safety of Ukraine" about strengthening of mechanisms of functioning of Bureau of economic safety of Ukraine;

The criminal Procedure Code of Ukraine, the laws of Ukraine "About operational search activities", "About the basic principles of implementation of the state financial control in Ukraine", "About organization-legal bases of fight against organized crime" concerning establishment of additional guarantees of protection of legitimate interests of entrepreneurship when implementing criminal proceedings and ensuring consolidation of powers of law enforcement bodies on counteraction to the offenses encroaching on economy of the state in single body Bureau of economic safety of Ukraine;

The law of Ukraine "About defense purchases" on settlement of limit of profit for public contracts which were carried out during action of legal regime of warlike situation;

b) book audit of monitoring system of risks and criteria for blocking of tax delivery notes and procedures and criteria of their unblocking.

3. Recommend to office of the Attorney-General, the State bureau of investigations, National police of Ukraine, Bureau of economic safety of Ukraine, the Security Service of Ukraine:

book in three-months time audit of the rationing arrangements taken concerning subjects of managing in criminal proceedings and determine feasibility of their further application, and also relevance of display of information on them in public electronic registers;

abstain within three months from carrying out legal proceedings in criminal proceedings if such application can block business activity of subjects of managing.

4. Recommend to office of the Attorney-General jointly with the Security Service of Ukraine, the State bureau of investigations, National police of Ukraine, Bureau of economic safety of Ukraine:

to instantly book audit of the registered criminal proceedings in which investigation is performed concerning the criminal offenses encroaching on functioning of economy of the state;

by results of audit to develop effective mechanisms of ensuring protection of entrepreneurship against potential abuses from law enforcement agencies, in particular during separate investigative (search) and other legal proceedings during which the rights or legitimate interests of appropriate subjects of managing are limited.

5. Recommend to Office of the Attorney-General to provide together with the Ministry of digital transformation of Ukraine and the Ministry of Justice of Ukraine development of the analytical module in the Unified register of pre-judicial investigations with possibility of public access to the analytical generalized data on activities of law enforcement agencies and the module of giving online of claims from entrepreneurs, and also to make corresponding changes to regulatory legal acts which provide functioning of the Unified register of pre-judicial investigations.

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