of March 22, 2001 No. 2331-III
About prospecting bodies of Ukraine
This Law determines the legal basis of the organization and activities of the state bodies performing intelligence activities for the purpose of protection of national interests of Ukraine against external threats, procedure for control and supervision of their activities and also establishes legal status of staff of these bodies, their social guarantees.
The terms provided in this Law are used in the following value:
intelligence activities - the activities performed by special means and methods for the purpose of providing the public authorities determined by the law with prospecting information, assistance of realization and protection of national interests, counteraction outside Ukraine including in cyberspace to external threats of homeland security of Ukraine;
prospecting information - oral and fixed on material carriers (including in samples of products and substances) data which cannot be received in the official way, about real and potential opportunities, plans, intentions and actions of the foreign states, the organizations and individuals menacing to national interests of Ukraine and also about the events and circumstances concerning homeland security and defense;
prospecting bodies of Ukraine - the bodies which are specially authorized by the law on implementation of intelligence activities. The prospecting body of Ukraine can function as independent state body, and as a part of the central executive body.
Special investigation - complex of actions and actions for obtaining, processing and finishing prospecting information for the benefit of preparation and conducting (support) transactions, fighting and special actions with use of certain methods of getting of data, including establishment of confidential cooperation with persons in voluntary consent.
The legal basis of activities of prospecting bodies of Ukraine is constituted the Constitution of Ukraine, this and other laws of Ukraine, and also other regulatory legal acts adopted according to them.
Activities of prospecting bodies of Ukraine are performed on basis:
legality;
respect and observance of rights and freedoms of man and citizen;
continuity;
combinations in the limits determined by the law, public and secret methods and means;
differentiations of fields of activity of prospecting bodies, interaction and coordination of their activities;
independence and efficiency in submission of prospecting information; extra party membership;
submission to control and accountability to relevant organs of the government in the limits provided by the law.
Activities of prospecting bodies cannot be used for the solution of the tasks which are not provided by this Law.
Are assigned to prospecting bodies of Ukraine:
getting, analytical processing and provision to the public authorities of prospecting information determined by the law;
implementation of the special measures directed to support of national interests and state policy of Ukraine in economic, political, military, military and technical, ecological and information spheres, strengthening of defense capability, economic and scientific and technical development, protection and protection of frontier;
ensuring safe functioning of organizations of Ukraine abroad, safety of staff of these organizations and members of their families in adoptive state, and also the citizens of Ukraine recalled abroad owning the data which are the state secret;
participation in fight against terrorism, the international organized crime, drug trafficking, illegal arms trade and technology of its production, illegal migration according to the procedure, determined by the law;
taking measures of counteraction to external threats of homeland security of Ukraine including in cyberspace, life, to health of her citizens and objects of state-owned property outside Ukraine.
On receipt of prospecting information and safety of prospecting measures, protection of the forces, means and information systems and accounting, and also sources of prospecting information they apply to accomplishment of the tasks assigned to prospecting bodies of Ukraine methods and means of operational search activities according to the procedure, determined in the Law of Ukraine "About operational search activities", taking into account the features provided by this Law.
Methods and means of activities of prospecting bodies shall not do harm to life, health, honor and advantage of people.
The information concerning private life, honor and advantage of citizens, which became known to prospecting bodies in the course of their work except the cases provided by the law is not subject to disclosure.
The procedure for storage of information obtained in the course of intelligence activities is determined by the corresponding regulatory legal acts.
Prospecting bodies of Ukraine perform intelligence activities in the following spheres:
Service of foreign intelligence of Ukraine - in political, economic, technical, scientific and technical, information and ecological;
prospecting body of the Ministry of Defence of Ukraine - in military, military-political, military and technical, military-economic, information and ecological;
prospecting body of specially authorized central executive body for protection state granitsyv spheres of boundary and immigrant policy, and also in other spheres concerning questions of protection of frontier of Ukraine and its sovereign rights in exclusive (sea) economic zone.
Questions of education, reorganization and liquidation of prospecting bodies are performed according to the constitutional powers the President of Ukraine.
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The document ceased to be valid since October 24, 2020 according to Item 2 of the Section IX of the Law of Ukraine of September 17, 2020 No. 912-IX