LAW OF UKRAINE

of November 12, 2015 No. 794-VIII

About the State bureau of investigations

This Law determines the legal basis of the organization and activities of the State bureau of investigations.

Section I General provisions

Article 1. State bureau of investigations

1. The state bureau of investigations is the state law enforcement agency to which tasks according to the prevention, identification, suppression, disclosure and investigation of the criminal offenses carried to its competence are assigned. 

Article 2. Legal basis of activities of the State bureau of investigations

1. The state bureau of investigations in the activities is guided by the Constitution of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, it and other laws of Ukraine, and also other regulatory legal acts adopted on their basis.

2. It is excluded according to the Law of Ukraine of 03.12.2019 No. 305-IX.

Article 3. Basic principles of the organization and activities of the State bureau of investigations

1. The state bureau of investigations will be organized and operates on the principles:

1) supremacy of law according to which the person, his life and health, honor and advantage, immunity and safety are recognized the highest social value and human rights and freedoms and their guarantees determine content and orientation of activities of the state;

2) legality;

3) justice;

4) impartiality;

5) independence and responsibility of each employee of the State bureau of investigations;

6) openness and transparency of activities of the State bureau of investigations for society and democratic civil control, accountability and submission to control to the state bodies determined by the law. The state bureau of investigations is effective publicly in that measure that does not violate right and freedom of man and citizen, does not contradict requirements of the penal procedural legislation and the legislation on the state secret;

7) political neutrality and extra party membership. Use of the State bureau of investigations in party, group or private interests is not allowed. Activities of political parties in the State bureau of investigations are forbidden;

8) one-man management in realization of powers of the State bureau of investigations. The principle of one-man management does not deny the principle of procedural independence of the investigator of body of the State bureau of investigations.

Article 4. Guarantees of independence of the State bureau of investigations

1. Independence of the State bureau of investigations of illegal intervention in its activities is guaranteed, in particular, by the determined by it and other laws:

1) special status of the State bureau of investigations, special procedure, financing and organizational support of activities;

2) special procedure for selection, appointment and dismissal of the Director of the State bureau of investigations, and also the exhaustive list of the bases for the termination of its powers determined by this Law;

3) procedure of powers State bureau of investigations and his workers;

4) No. 305-IX is excluded according to the Law of Ukraine of 03.12.2019;

5) prohibition of illegal intervention in implementation of powers of employees of the State bureau of investigations;

6) proper compensation of employees of the State bureau of investigations and social guarantees;

7) legal protection and ensuring personal security of employees of the State bureau of investigations, their close relatives.

2. 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 the State bureau of investigations is forbidden.

Any instructions, offers, requirements, orders sent to the State bureau of investigations and to his workers, concerning questions of pre-judicial investigation in specific criminal procedures are illegal and are not subject to accomplishment. In case of receipt of such specifying, the requirement, the order, etc. the employee of the State bureau of investigations without delay informs on it in writing the Director of the State bureau of investigations.

Article 5. Task of the State bureau of investigations

1. The state bureau of investigations solves problems according to the prevention, identification, suppression, disclosure and investigation:

1) the crimes committed by the officials holding especially responsible position according to part one of article 9 of the Law of Ukraine "About public service", persons whose positions are carried to the first - third categories of positions of public service, judges and law enforcement officers, except cases when these crimes are carried to competence of detectives of National anti-corruption bureau of Ukraine;

2) the crimes committed by officials of National anti-corruption bureau of Ukraine, the deputy attorney general - the head of Specialized anti-corruption prosecutor's office or other prosecutors of Specialized anti-corruption prosecutor's office, except cases when pre-judicial investigation of these crimes is referred to competence of detectives of division of internal control of National anti-corruption bureau of Ukraine;

3) crimes against established procedure of execution of military service (war crimes), except crimes, stipulated in Article 422 Criminal codes of Ukraine.

Section II of the Basis of the organization and activities of the State bureau of investigations

Article 6. Powers of the State bureau of investigations

1. The state bureau of investigations according to the tasks assigned to it and within the competence:

1) participates in forming and realization of state policy in the sphere of counteraction of crime, submits relevant proposals for consideration of the Cabinet of Ministers of Ukraine;

2) performs information and analytical actions for establishment of the system reasons and conditions of manifestations of organized crime and other types of crime, counteraction to which is referred to competence of the State bureau of investigations, takes measures to their elimination;

Stops 3) and opens criminal offenses which investigation is referred to competence of the State bureau of investigations;

4) performs operational search activities and preliminary inquiry of the criminal offenses carried to competence of the State bureau of investigations, on the bases and according to the procedure, established by the law;

5) is performed by search of persons absconding and vessels for criminal offenses which investigation is referred to competence of the State bureau of investigations;

Uses 6) public and secret regular and freelance employees on the bases and according to the procedure, established by the law, complying with conditions of voluntariness and confidentiality of these relations, financially and morally encourages persons giving help in the prevention, identification, suppression and investigation of the criminal offenses carried to competence of the State bureau of investigations;

Develops 7) and approves technique of investigation of separate types of criminal offenses;

8) takes measures for compensation of damage caused to the state and harm, provides opportunities for confiscation of means and other property received as a result of making of criminal offenses, according to the procedure, determined by the legislation;

8-1) takes measures for identification of unreasonable assets and collection of proofs of their groundlessness according to the procedure of and within competence, determined by the legislation;

9) takes measures for return to Ukraine of means and other property received as a result of making of the criminal offenses carried to competence of the State bureau of investigations from abroad;

Only for the purpose of implementation of the powers access has 10) as the user to information systems of public authorities which list is established by the Cabinet of Ministers of Ukraine independently creates information systems and keeps operational account in amount and procedure which are determined by the tasks assigned to the State bureau of investigations with compliance with law about personal data protection;

11) ensuring personal security of faces of the private and the commanding structure will organize, government employees of the State bureau of investigations and other persons determined by the law, and also protection of persons participating in criminal trial against illegal encroachments;

12) ensures functioning on preparation, retraining and advanced training of employees of the State bureau of investigations, participates in forming of the state order on preparation, retraining and advanced training of specialists in the respective spheres;

13) is performed by accomplishment of the requests about rendering legal assistance which arrived from competent authorities of foreign states;

14) develops offers to drafts of international treaties of Ukraine and provides observance and accomplishment of the obligations undertaken according to international treaties by Ukraine;

15) is performed by cooperation with police and other relevant organs of foreign states according to the laws and international treaties of Ukraine;

16) is provided according to the legislation by observance of the mode of the secret protected by the law and other information with limited access, and also the procedure for publication and provision of access to public information determined by the law;

17) reports on the activities according to the procedure, determined by this Law, and informs society on results of the work;

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