LAW OF UKRAINE

of November 10, 2015 No. 772-VIII

About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes

This Law determines legal and organizational basis of functioning of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes.

Section I General provisions

Article 1. Determinations of terms

1. In this Law the following basic concepts are used:

1) assets - means, property, property and other rights on which it can be seized or imposed in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state or which are confiscated by a court decision in criminal proceedings or are collected by a court decision in the income of the state owing to recognition their unreasonable;

2) identification of assets - activities for factual determination of existence of assets which it can be seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state;

3) search of assets - activities for determination of the location of assets which it can be seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state;

4) asset management - activities for ownership, use and the order of assets which it is seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state and the issue of their transfer to the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, that is ensuring safety of assets, preserving (whenever possible - increase) their economic cost, their transfer to management or realization of assets in the cases and procedure provided by this Law and also realization of the assets confiscated in criminal proceedings or collected by a court decision in the income of the state owing to recognition their unreasonable is resolved.

Article 2. The status of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes

1. The national agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes (further - the National agency) is the central executive body with the special status which provides forming and realization of state policy in the sphere of identification and search of assets which it can be seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state, and/or on asset management, which it is seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state or which are confiscated in criminal proceedings or are collected by a court decision in the income of the state owing to recognition their unreasonable.

2. The national agency within, determined by it and other laws, is accountable to the Verkhovna Rada of Ukraine, under control and responsible before the Cabinet of Ministers of Ukraine.

3. The national agency is formed by the Cabinet of Ministers of Ukraine according to the Constitution of Ukraine, it and other laws of Ukraine.

Questions of activities of the National agency in the Cabinet of Ministers of Ukraine are represented by the Chairman of the National agency.

4. The legal basis of activities of the National agency is constituted by the Constitution of Ukraine, the international agreements which consent to be bound is provided by the Verkhovna Rada of Ukraine, this and other laws of Ukraine, and also other regulatory legal acts accepted according to them.

5. The law of Ukraine "About the central executive bodies", other laws regulating activities of executive bodies, and also the Law of Ukraine "About public service" are applied to the National agency and its workers in the part which is not contradicting this Law.

6. The national agency consists of central office and territorial administrations.

7. The national agency is legal entity of the public law.

Article 3. Chairman of the National agency

1. The citizen of Ukraine having the higher legal education, length of service in the field of the right at least five years, the work experience on executive positions in authorities, local government bodies, legal entities in Ukraine or abroad or in the international organizations at least three years, knowing state language and capable on the business and moral qualities, educational and professional level, the state of health to carry out the corresponding service duties can be the chairman of the National agency.

2. The chairman of the National agency is appointed to position by the Cabinet of Ministers of Ukraine for a period of five years by results of tender. The same person two terms in a row cannot hold this position.

3. Cannot be appointed to position of the chairman of the National agency person who:

1) by a court decision acknowledged incapacitated or capacity to act of which is limited;

The criminal record for making of criminal offense has 2) if such criminal record is not extinguished or is not removed in the procedure established by the law or on which for making of administrative offense penalty in the form of deprivation of the right to hold certain positions is imposed or to be engaged in certain activities;

3) was attracted based on the conviction which took legal effect to criminal liability for making of intentional criminal offense;

4) is not citizen of Ukraine or acquired nationality or citizenship of other state;

5) did not undergo special testing according to the Law of Ukraine "About prevention of corruption", checks according to the Law of Ukraine "About cleaning of the power" or did not provide consent to their carrying out;

Did not provide 6) according to the law of the declaration of person authorized on accomplishment of functions of the state or local self-government for last year;

7) within one year before filing of application about participation in tender on replacement of this position, irrespective of term, was part of governing bodies of political party;

8) has debt on payment of the alimony for content of the child which cumulative size exceeds the amount of the corresponding payments in six months from the date of presentation of the executive document to forced execution.

4. Powers of the Chairman of the National agency stop the Cabinet of Ministers of Ukraine ahead of schedule in case:

1) appointments or elections to other position from its consent;

2) achievements of sixty five years;

3) impossibility to carry out the powers for health reasons according to the conclusion of medical commission which is created by federal executive body which provides forming and realizes state policy in health sector;

4) introductions in legal force of the judgment about recognition by its incapacitated or it is limited capable, its recognitions it is unknown absent or announcements his dead;

5) introductions in legal force of conviction of court concerning it or the judgments about imposing on it for making of administrative offense of collection in the form of deprivation of the right to hold certain positions or to be engaged in certain activities;

6) the terminations of citizenship of Ukraine by it or departure on permanent residence out of limits of Ukraine;

7) filing of application about dismissal at own will, resignation;

8) refusal of bringing of the oath of the government employee;

9) availability of the conclusion of external assessment of activities of the National agency according to article 12 of this Law on inefficiency of activities of the National agency and improper execution of obligations by the Chairman;

10) availability of debt on payment of the alimony for content of the child which cumulative amount exceeds the amount of the corresponding payments in twelve months from the date of presentation of the executive document to forced execution;

11) availability of the bases of the termination of public service established by the Law of Ukraine "About public service".

5. Powers of the Chairman of the National agency stop in case of his death.

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