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LAW OF UKRAINE

of June 30, 1993 No. 3341-XII

About organization-legal bases of fight against organized crime

(as amended on 28-01-2021)

This Law determines the main directions of nation-wide policy and organization-legal bases of fight against organized crime.

Section I. General provisions

Article 1. Concept of organized crime

1. Organized crime in this Law is understood as set of the criminal offenses made in connection with creation and activities of organized criminal groups.

2. Types and signs of these criminal offenses, and also criminal legal measures concerning persons who committed such crimes are established by the Criminal code of Ukraine.

Article 2. Purpose of fight against organized crime

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.

Article 3. Law tasks

The main objectives of this Law are:

creation of the general legal and organizational beginnings in the field 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 field 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.

Article 4. Legislation on 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", "About Bureau of economic safety of Ukraine" other laws, international legal agreements which participant is Ukraine.

2. The bylaws governing the relations in the field 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.

Article 5. System of the bodies performing fight against organized crime

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.

2. Treat the state bodies which are specially created for fight against organized crime:

a) it is recognized as unconstitutional

b) No. 193-VIII is excluded according to the Law of Ukraine of 12.02.2015;

c) No. 1150-IX is excluded according to the Law of Ukraine of 28.01.2021

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.

3. Treat the state bodies participating in fight against organized crime:

a) bodies of National police and Security Service of Ukraine;

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;

h) Bureau of economic safety of Ukraine.

Article 6. Main directions of fight against organized crime

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 bonds 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.

Article 7. International cooperation

International cooperation in the field 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.

Section II. Special state bodies on fight against organized crime, their competence

Article 8. Coordinating committee on fight against corruption and organized crime in case of the President of Ukraine

1. The coordinating committee on fight against corruption and organized crime performs coordination of activities of all state bodies which are assigned by this Law obligations to perform this fight. The regulations on Coordinating committee on fight against corruption and organized crime affirm the Verkhovna Rada of Ukraine.

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