of October 14, 2014 No. 1698-VII
About National anti-corruption bureau of Ukraine
This Law determines the legal basis of the organization and activities of National anti-corruption bureau of Ukraine.
1. The national anti-corruption bureau of Ukraine (further - National bureau) is the central executive body with the special status to which the prevention, identification, suppression, investigation and disclosure of the corruption and other criminal offenses carried to its competence and also preventions of making of new is assigned.
Task of National bureau is counteraction by the corruption and other criminal offense made by the management officials authorized on accomplishment of functions of the state or local self-government and pose threat of national security, and also acceptance of other measures for anti-corruption provided by the law.
3. The national bureau is formed and performs the activities according to this Law.
1. The legal basis of activities of National bureau is constituted by the Constitution of Ukraine, the international agreements of Ukraine, this and other laws of Ukraine, and also other regulatory legal acts accepted according to them.
The law of Ukraine "About the Cabinet of Ministers of Ukraine", the Law of Ukraine "About the central executive bodies" and other regulatory legal acts regulating activities of executive bodies, and also the Law of Ukraine "About public service" are applied to National bureau, his employees, faces of command structure and other workers in the part which is not contradicting this Law. In case of collisions between regulations of this Law and other laws and regulatory legal acts, regulations of this Law are applied.
1. The basic principles of activities of National bureau are:
1) supremacy of law;
2) respect and observance of rights and freedoms of man and citizen;
4) impartiality and justice;
5) independence of National bureau and its workers;
6) submission to control and accountability to society and state bodies determined by the law;
7) openness for democratic civil control;
8) political neutrality and extra party membership;
9) interaction with other state bodies, local government bodies, public associations.
1. Independence of National bureau in its activities is guaranteed:
1) special procedure for competitive selection of the Director of National bureau and the exhaustive list of the bases of the termination of powers of the Director of National bureau, determined by this Law;
2) competitive principles of selection of other employees of National bureau, their special legal and social protection, proper payment terms of work;
3) the procedure for financing and material logistics of National bureau established by the law;
4) the means of ensuring of personal security of employees of National bureau determined by the law, their close relatives, property;
5) other means determined by this Law.
2. Use of National bureau in party, group or private interests is not allowed. Activities of political parties in National bureau are forbidden.
3. Illegal intervention of state bodies, local government bodies, their official and officials, political parties, public associations, other physical persons or legal entities in activities of National bureau is forbidden.
Any written or oral instructions, requirements, orders, etc. directed to National bureau or its workers, concerning the organization of activities of National bureau, in particular, of adoption of regulatory legal acts, direct implementation of the powers of National bureau determined by the law, and questions of preliminary inquiry in specific criminal proceedings and not provided by the Criminal Procedure Code of Ukraine, are illegal and are not subject to accomplishment. In case of receipt of such specifying, the requirement, the order, etc. the employee of National bureau without delay informs on it in writing the Director of National bureau.
4. Activities of National bureau go and coordinated directly by the Cabinet of Ministers of Ukraine in limits and according to the procedure, established by this Law.
The Cabinet of Ministers of Ukraine directs and coordinates activities of National bureau only thus:
1) approval of the project of Anti-corruption strategy and approval of the state program on its realization;
2) project development of the laws on the Government budget of Ukraine and about modification of the Government budget of Ukraine which provide financing of National bureau in the amount necessary for effective implementation of its powers;
3) obtaining and consideration of the written report about activities of National bureau, the stipulated in Article 26 these Laws;
4) approval of the Regulations on Council of public control under National bureau and about procedure for its forming;
5) appointment of persons in structure of the Commission on carrying out external independent assessment (audit) efficiency of activities of National bureau according to article 26 of this Law;
6) implementation of other powers determined by this Law.
The regulations on National anti-corruption bureau of Ukraine the Cabinet of Ministers of Ukraine do not affirm.
Without any coordination with the Cabinet of Ministers of Ukraine, other public authorities, their officials the Director of National bureau approves regulations on structural divisions, job descriptions of employees of National bureau.
5. Acts of National bureau cannot be repealed completely or in separate part by the Cabinet of Ministers of Ukraine.
6. Regulatory legal acts of National bureau become effective from the date of their official publication if other is not provided by such acts, but not earlier than day of their official publication.
Other acts of National bureau become effective from the date of their acceptance if such acts do not establish other term of their introduction in force, but not earlier than day of their acceptance, and are brought to the attention of persons to whom operation of such acts, in the procedure established by National bureau extends.
Acts of National bureau (except information with limited access) will be promulgated by their placement on the official website of National bureau.
State registration of acts of National bureau by the Ministry of Justice of Ukraine is not performed.
Regulatory legal acts of National bureau join in the Unified state register of regulatory legal acts of Ukraine.
1. The national bureau consists from central and territorial administrations.
The national bureau is legal entity of the public law.
The central management of National bureau is in the city of Kiev.
2. For ensuring accomplishment of tasks of National bureau his Director forms the decision no more than seven territorial administrations of National bureau which jurisdiction covers the areas of Ukraine determined in the decision, the Autonomous Republic of Crimea, the cities of Kiev and Sevastopol.
The director of National bureau, in case of reasonable need, can form the decision additional territorial administrations of National bureau within area or the Autonomous Republic of Crimea.
The director of National bureau performs creation, reorganization and liquidation of territorial administrations of National bureau according to this Law.
Territorial administrations of National bureau are formed and are effective as separate divisions of National bureau without education of separate legal entities.
3. The structure, the staff list, regulations on structural divisions, job descriptions of employees of National bureau affirm the Director of National bureau.
Requirements of the Cabinet of Ministers of Ukraine to forming of structure of the office of the central executive body do not extend to National bureau.
4. The structure of managements of National bureau can include divisions of the detectives performing the operational search and investigative actions, information and analytical, operating-technical divisions, divisions performing identification of property which can be subject of confiscation or special confiscation, division of quick response, safety of participants of criminal trial and safety of workers, representation of interests in foreign jurisdictional bodies, expert, financial, personnel and other divisions.
5. The director of National bureau can create the decision the commissions as a part of employees of National bureau of the prosecutor of Specialized anti-corruption prosecutor's office, officials of other state bodies, local government bodies, representatives of public associations. Such commissions study question of violation of the rights of persons cooperating with National bureau and take out recommendations about elimination of the specified violations. Recommendations of such commissions are obligatory for consideration by state bodies, local government bodies.
The procedure for activities of the commissions is determined by the Director of National bureau.
6. Extreme number central and territorial administrations of National bureau constitutes 700 people, including no more than 500 people of the commanding structure.
2. Management of activities of National bureau is performed by his Director who is appointed to position and leaves from position the Cabinet of Ministers of Ukraine according to the procedure, determined by this Law.
The Cabinet of Ministers of Ukraine only in the presence of the bases determined by part four of this Article makes the decision on dismissal of the Director of National bureau from position if at least two thirds of official structure of the Cabinet of Ministers of Ukraine determined according to article 6 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine" voted for it.
The director of National bureau can be the citizen of Ukraine who has the higher legal education, length of service in branch of law at least ten years, work experience on executive positions in state bodies, organizations, the organizations, including abroad or in the international organizations at least five years, knowing state language and capable on the business and moral qualities, educational and professional level, the state of health to fulfill the corresponding service duties.
For the purposes of this Law:
1) the higher legal education is the education got in Ukraine (or in the territory of the former USSR till December 1, 1991) on educational qualification level of the specialist or master, and also the higher legal education on the level corresponding educational qualification received in foreign states;
2) length of service in branch of law is length of service of person in the specialty after receipt of the higher legal education by it on educational qualification level of the specialist or master, and also the higher legal education on the level corresponding educational qualification received in foreign states.
Person, within two years before filing of application on participation in tender on occupation of this position, irrespective of duration cannot be appointed to position of the director of National bureau, was part of governing bodies of political party or was in employment or other contractual relations with political party.
Person who does not correspond to the restrictions provided by Items 1-7, 9 of part one of article 13 of this Law cannot be appointed to position of the director of National bureau.
Person who did not undergo testing according to the procedure, established by the Law of Ukraine "About cleaning of the power", for the purpose of recovery of trust to the power and creations of conditions for creation of new system of authorities according to the European standards cannot be appointed to position of the director of National bureau.
3. The director of National bureau is appointed for a period of seven years. The same person two terms in a row cannot hold this position.
4. Powers of the Director of National bureau stop in connection with the termination of term of its powers or death.
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