LAW OF UKRAINE

of February 12, 2015 No. 198-VIII

About modification of some legal acts of Ukraine concerning ensuring activities of National anti-corruption bureau of Ukraine and the National agency concerning prevention of corruption

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

1) in part one of Article 15 of the word "making of corruption offenses" shall be replaced with words "making of the offenses connected with corruption";

Part third of Article 38 to state 2) in the following edition:

"Administrative punishment for making of the offense connected with corruption and also offenses, stipulated in Article 164-14 of this Code, can be imposed within three months from the date of its detection, but no later than two years from the date of its making";

In paragraph one of part five of Article 166-11 of the word of "the beneficiary (beneficiaries)" shall be replaced with words 3) "the final beneficial owner (controller)";

To add 4) with Article 185-13 of the following content:

"Article 185-13. Failure to carry out of legal requirements of officials of National anti-corruption bureau of Ukraine

Failure to provide information to National anti-corruption bureau of Ukraine on request of his officials, provision of obviously unreliable information or not in full, violation of the terms of its provision established by the law, the notification of the third parties that about them such information gathers, or failure to carry out of other legal requirements of officials of National anti-corruption bureau of Ukraine -

involve imposing of penalty from two hundred fifty to four hundred free minima income of citizens.

The same actions which are commited by person which within year was subjected to administrative punishment for the same violation, -

involve imposing of penalty from four hundred to six hundred free minima income of citizens";

Article 221 after figures "185-11" to add 5) with figures "185-13";

6) in Article 255 part one:

a) in Item 1:

in the paragraph "bodies of the Security Service of Ukraine (Article 164 (in the part concerning offenses in the field of economic activity, licenses for which carrying out are granted by this Service), Article 172-4-172-9, 195-5, 212-2 (except Item 9 parts one), 212-5 and 212-6)" to exclude figures "172-4-172-9";

the paragraph "The national agency concerning prevention of corruption (Article 188-46)" to state in the following edition:

"The national agency concerning prevention of corruption (Article 172-4-172-9, Article 188-46)";

add with the paragraph of the following content:

"National anti-corruption bureau of Ukraine (Article 185-13)";

b) in Item 11 of figure "172-4-172-9" to exclude.

2. In the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):

The note to Article 45 to state 1) in the following edition:

"Note. According to this Code the crimes provided by Articles 191, of 262, of 308, of 312, of 313, of 320, of 357, of 410, in case of their making by abuse of official position, and also crimes, provided by Articles 210, of 354, of 364, 364-1, 365-2, 368-369-2 of this Code are considered as corruption crimes";

2) in Article 354:

a) the fifth to state part in the following edition:

"5. Person who offered, promised or provided illegal benefit, is exempted from criminal liability for the crimes provided by Articles 354, 368-3, 368-4, 369, 369-2 of this Code if after the offer, promises or provisions of illegal benefit it - before obtaining from other sources of information on this crime by body which official under the law is given the right to report about suspicion - voluntarily declared what occurred, to such body and actively promoted disclosure of the crime which is commited by person, received illegal benefit or accepted its offer or the promise. The specified release is not applied if the offer, the promise or provision of illegal benefit were made in relation to persons determined in part four of article 18 of this Code";

b) in the note to Article:

state Item 1 in the following edition:

"1. It is necessary to understand the person performing work or rendering service according to the contract with such company, organization, the organization as person working for the benefit of the company, organization, the organization";

in Item 2 of the word and figures "the income of citizens exceeding 1,5 of free minimum, or intangible assets" shall be replaced with words "intangible assets, any other benefits of intangible or non-cash nature";

3) in the note to Article 364-1:

exclude figures "368-2-368-4";

after the words "intangible assets" to add with the words "any other benefits of intangible or non-cash nature";

The text of Article 368-2 to state 4) in the following edition:

"1. Acquisition by person authorized on accomplishment of functions of the state or local self-government in property of assets in considerable size which legality of the bases of acquisition it is not confirmed with proofs, and also transfer of such assets by it to any other person -

are punished by imprisonment for a period of up to two years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years, with special confiscation and with confiscation of property.

2. The same acts made by the official holding responsible position -

are punished by imprisonment for a period of two up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years, with special confiscation and with confiscation of property.

3. The acts provided by part one of this Article, made by the official holding especially responsible position -

are punished by imprisonment for a period of five up to ten years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years, with special confiscation and with confiscation of property.

Note. 1. Persons authorized on accomplishment of functions of the state or local self-government are persons specified in Item of 1 part one of article 3 of the Law of Ukraine "About prevention of corruption".

2. Assets in considerable size in this Article are understood as money or other property, and also the income from them if their size (cost) exceeds one thousand free minima of the income of citizens.

3. Transfer of assets in this Article is understood as the conclusion of any transactions based on which there is property right or right to use to assets, and also provisions to other person of money or other property for the conclusion of such transactions";

Part the fifth Article 368-3 and the note to this Article to exclude 5);

Part the fifth Articles 368-4 and 369 to exclude 6);

Paragraph one of part one of Article 370 to state 7) in the following edition:

"1. Bribery provocation, that is actions of the official with instigation of person on the offer, the promise or provision of illegal benefit or adoption of the offer, promise or receipt of such benefit then to expose the one who offered, promised, provided illegal benefit or accepted the offer, the promise or received such benefit".

3. In article 64-1 of the Economic code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 18-22, 144):

in the name and the text of Article shall be replaced with words the word "beneficiary" in all cases "the beneficial owner (controller)" in the corresponding case;

in the paragraph the second shall be replaced with words parts one of the word "or to terrorism financing" to "financing of terrorism and financing of distribution of weapons of mass destruction".

4. The Section III of the Code of civil procedure of Ukraine (2004, Art. No. No. 40-42, 492) to add sheets of the Verkhovna Rada of Ukraine with Chapter 9 of the following content:

"Chapter 9 of Feature of claim production on cases on recognition unreasonable assets and their reclamation

Article 233-1. Presentation of the claim for recognition unreasonable assets and their reclamation

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