ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of May 28, 2015 No. 811/5

About approval of the Regulations on the Commission of the Ministry of Justice of Ukraine concerning application of sanctions for violation of requirements of the legislation regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction

According to Articles 14, 24 and 28 Laws of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction" order:

1. Approve Regulations on the Commission of the Ministry of Justice of Ukraine concerning application of sanctions for violation of requirements of the legislation regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction it (is applied).

2. To chiefs of the Head territorial administration of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, the head territorial administrations of justice in areas, the cities of Kiev and Sevastopol to develop and approve relevant provisions about the commission on questions of application of sanctions for violation of requirements of the legislation regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.

3. Declare invalid the order of the Ministry of Justice of Ukraine of December 29, 2010 No. 3376/5 "About approval of the Regulations on the Commission of the Ministry of Justice of Ukraine concerning application of sanctions for violation of requirements of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, or to terrorism financing" and/or the regulatory legal acts regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way", registered in the Ministry of Justice of Ukraine on December 30, 2010 for No. 1420/18715.

4. To department of notariate and financial monitoring (Zusik T. V.) provide this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. This order becomes effective from the date of its official publication.

6. To impose control over the implementation of this order on the deputy minister of justice of Ukraine - the chief of staff of Ivanchenko A. P.

Approved by the Order of the Ministry of Justice of Ukraine of May 28, 2015 No. 811/5

Regulations on the Commission of the Ministry of Justice of Ukraine concerning application of sanctions for violation of requirements of the legislation regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction

1. This Provision determines tasks, functions and procedure for activities of the Commission of the Ministry of Justice of Ukraine concerning application of sanctions for violation of requirements of the legislation regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further - the Commission).

2. In the activities the Commission is guided by the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and also orders of the Ministry of Justice of Ukraine and this Provision.

3. Treat powers of the Commission:

1) consideration of acts of checks and other materials of checks of notaries, lawyers, lawyer bureaus and associations and subjects of managing which provide legal services (except for persons providing services within employment legal relationship) (further - subjects), the documents confirming the facts of violations of requirements of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", other regulatory legal acts regulating activities in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further - the legislation in the sphere of financial monitoring);

2) the solution of questions of application to subjects of sanctions for violation of requirements of the legislation in the sphere of financial monitoring;

3) determination of the size of penalties for violation of requirements of the legislation in the sphere of financial monitoring.

4. The commission is formed as a part of the chairman, his deputy, the secretary and four members.

5. Commission chairman is the head of the structural unit of the Ministry of Justice of Ukraine whose competence questions of financial monitoring enter (further - structural division). Members of the commission are employees of central office of the Ministry of Justice of Ukraine. The secretary of the Commission is the employee of structural division.

6. The structure of the Commission affirms the order of the Ministry of Justice of Ukraine.

7. The commission chairman will organize work of the Commission, distributes obligations between her members.

8. Members of the commission have the right:

1) to study the case papers submitted for consideration to the Commission;

2) to participate in decision making by vote;

3) to express special opinion with registration it in writing.

9. Members of the commission shall carry out orders of the commission chairman in the limits provided by this Provision.

10. For the purpose of elimination of manifestations of corruption the member of the commission shall declare rejection if he is family member or the close relative of person concerning whom the issue of application of sanctions for violation of requirements of the legislation in the sphere of financial monitoring is resolved.

11. Rejection is stated in writing, shall contain the bases for rejection and the signature of the member of the commission who declared rejection.

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