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LAW OF UKRAINE

of June 20, 2024 No. 3840-IX

About modification of some legal acts of Ukraine concerning enhancement of work of Bureau of economic safety of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In Article 40 of the Labor code of Ukraine (The sheet of the Supreme Council of USSR, 1971, appendix to No. 50, the Art. 375):

Part one to add 1) with Item 13 of the following content:

"13) refusal of the employee of Bureau of economic safety of Ukraine of passing of certification or adoption by certifying commission of the decision on unsuccessful passing by the employee of Bureau of economic safety of Ukraine of the certification performed according to item 4 of the Section II "Final and transitional provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning enhancement of work of Bureau of economic safety of Ukraine";

Part third to state 2) in the following edition:

"Dismissal of the worker at the initiative of the employer in the period of its temporary disability (except dismissal on Items 5 and 13 of part one of this Article), and also during stay of the worker in leave is not allowed (except dismissal on Item 13 parts one of this Article). This rule does not extend to case of complete liquidation of the company, organization, organization. Provisions of Articles 42, 42-1 and 49-2 of this Code do not extend to dismissals on Item 13 parts one of this Article".

2. Item 3 parts one of article 8 of the Law of Ukraine "About operational search activities" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 22, Art. 303; 2013, 21, the Art. 208) to add No. with the new offer of the following content: "Such right belongs only to bodies of Bureau of economic safety of Ukraine and National anti-corruption bureau of Ukraine within their competence".

3. In Item "About the basic principles of implementation of the state financial control in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 13, Art. 110 with the following changes) words of "National police of Ukraine, the Security Service of Ukraine" to exclude 5 parts five of article 11 of the Law of Ukraine.

4. Item 2 of article 18 of the Law of Ukraine "About organization-legal bases of fight against organized crime" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 35, Art. 358; 2014, No. 20-21, of Art. 712; 2021, 23, the Art. 197) to add No. with the new paragraph of the following content:

"Special bodies on fight against organized crime have the right to provide written orders to the controlling and/or customs authorities on the bases provided by this Item is exclusive taking into account rules of competence of the criminal offenses provided by the Criminal Procedure Code of Ukraine".

5. "About legal regime of warlike situation" (Sheets of the Verkhovna Rada of Ukraine, 2015, No. 28, Art. 250 with the following changes) to add the article 28 "Final provisions" of the Law of Ukraine with Item 2-4 of the following content:

"2-4. Determine what is temporary, during action of the warlike situation in Ukraine imposed by the Presidential decree of Ukraine "About introduction of martial law in Ukraine" of February 24, 2022 No. 64/2022, the approved Law of Ukraine "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022 No. 2102-IX, appointment of persons to positions of public and secret staff employees of Bureau of economic safety of Ukraine is performed based on tender".

6. Part one of article 91 of the Law of Ukraine "About public service" (Sheets of the Verkhovna Rada of Ukraine, 2016, No. 4, Art. 43; 2017, Art. No. 7-8, 50, No. 45, Art. 405; 2019, No. 43, Art. 250; 2021, 52, the Art. 428) after words of "National anti-corruption bureau of Ukraine" to add No. with the words "Bureau of Economic Safety of Ukraine".

7. In the Law of Ukraine "About Bureau of economic safety of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2021, No. 23, Art. 197 with the following changes):

Part the second Article 2 to add 1) with the paragraph the second the following content:

"The terms "close persons", "potential conflict of interest", "real conflict of interest "are used in this Law in the values given in the Law of Ukraine "About prevention of corruption";

2) in Article 15:

the third or fifth to state parts in the following edition:

"3. Are part of tender committee:

three persons determined by the Cabinet of Ministers of Ukraine;

three persons determined by the Cabinet of Ministers of Ukraine based on offers of the international and foreign organizations which according to the international or interstate agreements within the last three years about day of completion of term of office of the Director of Bureau of economic safety of Ukraine or about day of early termination of its powers (dismissal) gave to Ukraine the international technical assistance in the field of prevention and anti-corruption and/or in the field of reforming of law enforcement bodies.

The Ministry of Foreign Affairs of Ukraine determines the list of such international and foreign organizations not later than three months about day of completion of term of office of the Director of Bureau of economic safety of Ukraine or within three working days from the date of early termination of its powers (dismissal) according to the procedure, established by this Law.

The specified international and foreign organizations approve the offer of the general candidate list in structure of tender committee as a part of at least three people.

The decision on determination of members of tender committee is made by the Cabinet of Ministers of Ukraine at open session.

4. Person having the higher education, faultless goodwill, high professional and moral qualities necessary for proper accomplishment of powers of the member of tender committee can be the member of tender committee, corresponds to criterion of respectability.

Cannot be the member of tender committee person who:

1) it is by a court decision acknowledged incapacitated or limited in civil capacity to act;

2) has the criminal record for making of criminal offense which is not extinguished or not removed in the procedure established by the law or on which within the last year administrative punishment for making of the offense connected with corruption was imposed;

3) it is deprived according to the court verdict which took legal effect, the rights to be engaged in the activities connected with accomplishment of functions of the state or to hold certain positions;

4) it is authorized on accomplishment of functions of the state or local self-government according to the Law of Ukraine "About prevention of corruption";

5) is part of governing body of political party.

The tender committee is considered authorized in case of its approval en banc, provided by this Law.

Powers of members of tender committee stop in day of entry into force of the decision of the Cabinet of Ministers of Ukraine on appointment of the Director of Bureau of economic safety of Ukraine.

Powers of the member of tender committee stop ahead of schedule in case:

submission of the application in person about the termination of powers;

introduction by tender committee of the offer on early termination of powers of the member of tender committee;

the introduction in legal force of conviction of court concerning it;

recognition by its incapacitated or is unknown absent;

his death.

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