of June 30, 1993 No. 3341-XII
About organization-legal bases of fight against organized crime
This Law determines the main directions of nation-wide policy and organization-legal bases of fight against organized crime.
1. Organized crime in this Law is understood as cumulative offenses, made in connection with creation and activities of organized criminal groups.
2. Types and signs of these crimes, and also criminal legal measures concerning persons who committed such crimes are established by the Criminal code of Ukraine.
The purpose of fight against organized crime is:
establishment of control over organized crime, its localization, neutralization and liquidation;
elimination of the reasons and living conditions of organized crime.
The main objectives of this Law are:
creation of the general legal and organizational beginnings in the sphere of fight against organized crime, assistance to its prevention and liquidation;
determination of system of the state bodies combating organized crime and their relations;
establishment of powers of special state bodies on fight against organized crime and the special measures performed by them;
establishment of obligations of other state bodies in the sphere of fight against organized crime;
legal support of the financial, material and other conditions necessary for fight against organized crime;
providing guarantees of the rights of citizens and legal entities when implementing measures of fight against organized crime.
1. The legislation on fight against organized crime is based on the Constitution of Ukraine and includes this Law, Criminal and Criminal procedural codes of Ukraine, the laws of Ukraine "About operational search activities", "About National police", "About the Security Service of Ukraine", "About prosecutor's office", other laws, international legal agreements which participant is Ukraine.
2. The bylaws governing the relations in the sphere of fight against organized crime cannot establish the powers of state bodies or obligation of physical persons and legal entities which are not following from the laws of Ukraine.
1. The system of the state bodies performing fight against organized crime is constituted:
a) the state bodies which are specially created for fight against organized crime;
b) the state bodies participating in fight by the organized crime within execution of other main functions assigned to them.
a) it is recognized as unconstitutional
b) No. 193-VIII is excluded according to the Law of Ukraine of 12.02.2015;
c) special divisions on fight against corruption and organized crime of the Security Service of Ukraine.
In case of need by the Supreme Council of Ukraine on permanent or temporary basis also other special bodies for fight against organized crime can be created.
a) bodies of National police and the Security Service of Ukraine, except specified in Item 2 of this Article;
b) bodies of prosecutor's office of Ukraine;
c) bodies of the income and charges, bodies of the State Border Service of Ukraine and bodies of the state financial control;
d) bodies of the State Tax Service and public control and auditing service;
e) bodies and organizations of execution of punishments and pre-trial detention centers;
e) prospecting body of the Ministry of Defence of Ukraine;
є) Service of foreign intelligence of Ukraine;
g) National anti-corruption bureau of Ukraine.
The main directions of fight against organized crime are:
creation of the legal basis, organizational, material and other conditions for effective fight against organized crime, the organization of international cooperation in this sphere;
identification and elimination or neutralization of the negative social processes and the phenomena generating organized crime and promoting it;
warning of damnification to the person, society, state;
prevention of emergence of organized criminal groups;
identification, investigation, suppression and the prevention of the offenses made by participants of organized criminal groups, involvement of guilty persons to responsibility;
ensuring compensation of damage to physical persons and legal entities, state;
the prevention of establishment of the corrupted communications with government employees and officials, their involvement in criminal activities;
counteraction to use by participants of organized criminal groups in the interests of associations of citizens and mass media;
the prevention of legalization of the money earned in the criminal way, uses of subjects of business activity for realization of criminal intents.
International cooperation in the sphere of fight against organized crime is based on rules of international law and the current legislation of Ukraine, interstate and intergovernmental agreements, bilateral departmental agreements.
Article 8 is recognized as unconstitutional
Voided according to the Law of Ukraine of 12.02.2015 No. 193-VIII
1. Special divisions on fight against corruption and organized crime of the Security Service of Ukraine is Head departments on fight against corruption and organized crime of the Central management of the Security Service of Ukraine and departments of fight against corruption and organized crime of bodies of the Security Service of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol.
2. Departments, departments or groups on fight against corruption and organized crime in the cities (except Kiev and Sevastopol) are created on measure of need and submit to departments of fight against corruption and organized crime.
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