of December 26, 2002 No. 374-IV
About counterintelligence activities
This Law determines concepts, the legal basis of the organization and implementation of counterintelligence activities.
Counterintelligence activities - special type of activity in the field of ensuring the state security performed with use of system counterprospecting, search, regime, the administrative legal measures directed to the prevention, timely identification and prevention of external and internal safety hazards of Ukraine, prospecting, terrorist and other illegal encroachments of special services of foreign states, and also the organizations, separate groups and persons on interests of Ukraine.
The purpose of counterintelligence activities is the prevention, timely identification and prevention of external and internal safety hazards of Ukraine, suppression of prospecting, terrorist and other illegal encroachments of special services of foreign states, and also the organizations, separate groups and persons on state security of Ukraine, elimination of the conditions promoting them and the reasons of their origin.
Tasks of counterintelligence activities are:
production, analytical processing and use of information containing signs or the facts of intelligence, terrorist and other activities of special services of foreign states, and also the organizations, separate groups and persons to the detriment of state security of Ukraine;
counteraction of intelligence, terrorist and other activities of special services of foreign states, and also the organizations, separate groups and persons to the detriment of state security of Ukraine;
development and implementation of measures for prevention, elimination and neutralization of threats to interests of the state, society and to the rights of citizens.
The legal basis of counterintelligence activities is constituted by the Constitution of Ukraine, the existing international agreements of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine, this and other laws of Ukraine, and also regulatory legal acts adopted according to them.
The basic principles of counterintelligence activities are:
respect and observance of rights and freedoms of man and citizen;
extra party membership;
conspiracy, combination of public and secret forms and methods of activities;
complex use of legal, preventive and organizational measures;
adequacy of measures for protection of state security to real and potential hazards;
government relations of Ukraine, local government bodies, associations of citizens, legal entities and physical persons;
submission to control and accountability to relevant organs of the government in the limits provided by the law.
Specially authorized body of the government in the field of counterintelligence activities is the Security Service of Ukraine.
Counterprospecting actions for the benefit of ensuring protection of frontier of Ukraine, officials concerning whom the state protection is performed can carry out prospecting bodies of Ukraine, division of ensuring internal and own security of the State Border Service of Ukraine and Management of the state protection of Ukraine which by the laws of Ukraine "About operational search activities" and "About investigation" are granted the right to perform operational search or intelligence activities.
Prospecting bodies of Ukraine, except the cases determined in part two of this Article, can also hold counterprospecting events in the cases specified in article 17 of the Law of Ukraine "About investigation".
Law-enforcement and other public authorities, local government bodies, the companies, organizations and the organizations of Ukraine, irrespective of pattern of ownership, in the limits determined by the laws of Ukraine and other regulatory legal acts assist bodies and divisions of the Security Service of Ukraine in carrying out counterintelligence activities for the benefit of ensuring state security.
Implementation of counterprospecting measures by other subjects, except determined by this Law, is forbidden.
The bases for carrying out counterintelligence activities are:
1) availability of sufficient information which requires check by means of special forms, methods and means, about:
implementation of intelligence activities against Ukraine special services of foreign states, and also the organizations, separate groups and persons;
infringement of the state sovereignty, constitutional system and territorial integrity of Ukraine;
terrorist encroachments or terrorist activities, criminal offenses against the world, safety of mankind and the international law and order;
2) accomplishment of the tasks determined by the law on:
to counterprospecting ensuring economic, information, scientific and technical potential, defense and industrial and transport complexes and their objects, national communication system, the Armed Forces of Ukraine and other military forming formed according to the laws of Ukraine, military and technical cooperation, observance of the international non-proliferation regime;
counterprospecting providing foreign diplomatic organizations of Ukraine, safety of staff of these organizations and members of their families in the state of stay recalled abroad citizens of Ukraine, informed in the data which are the state secret and also protection of the state secret in these organizations;
to counterprospecting protection of public authorities, law enforcement and prospecting agencies, protection of the state secret;
to protection of embassies and representations of foreign states in Ukraine and their employees from terrorist encroachments;
to studying and check of persons which are drawn up for the admission to the state secret, to work with nuclear materials and on nuclear installations or attracted to confidential cooperation;
to ensuring own safety, including the staff of the bodies and divisions performing counterintelligence activities, the members of their families and persons helping and assisting in implementation of counterintelligence activities;
to information and analytical providing public authorities (concerning threats of state security of Ukraine);
3) requirement of identification by technical means and termination of work of radio-electronic and other devices which functioning creates threat of state security of Ukraine or premises to information leakage with limited access, and also radio emissions of the radio-electronic means which are used in the illegal purposes.
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