LAW OF UKRAINE

of October 31, 2019 No. 263-IX

About modification of some legal acts of Ukraine concerning confiscation of illegal assets of persons authorized on accomplishment of functions of the state or local self-government, and punishment for acquisition of such assets

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In Article 36 of the Labor code of Ukraine (The sheet of the Verkhovna Rada of USSR, 1971, appendix to No. 50, the Art. 375):

add part one with Item 7-3 of such content:

"7-3) introduction in legal force of the judgment about recognition unreasonable assets and their collection in the income of the state concerning person authorized on accomplishment of functions of the state or local self-government in stipulated in Article 290 Codes of civil procedure of Ukraine cases";

in part two of the word and figure "Items 7 and 7-1" shall be replaced with words also in figures "Items 7, 7-1 and 7-3".

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

In paragraphs one and the second Item 1 of the note to article 364 of figure "368-2" to replace 1) with figures "368-5";

To replace 2) in Item 2 and paragraph one of Item 3 of the note to article 368 of figure "368-2" with figures "368-5";

To add 3) with Article 368-5 of the following content:

"Article 368-5. Illegal enrichment

1. Acquisition by person authorized on accomplishment of functions of the state or local self-government, assets which cost more than on six thousand five hundred free minima of the income of citizens exceeds its legal income

it is 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.

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. It is necessary to understand acquisition by their person authorized on accomplishment of functions of the state or local self-government in property, and also acquisition of assets in property as acquisition of assets by other physical person or legal entity if it is proved that such acquisition was performed at the request of person authorized on accomplishment of functions of the state or local self-government, or person authorized on accomplishment of functions of the state or local self-government can make directly or indirectly concerning such assets of action, identical in sense to implementation of the right of the order them.

3. It is necessary to understand money as assets (including the cash, means which are on bank accounts or stored in banks or other financial institutions), other property, property rights, intangible assets, including cryptocurrency, I will eat around reduction of financial liabilities, and also works or services provided to person authorized on accomplishment of functions of the state or local self-government.

4. It is necessary to understand the income legally received by person from the legal sources determined by Items 7 and 8 of part one of article 46 of the Law of Ukraine "About prevention of corruption" as the legal income of person.

5. In case of determination of difference between the cost of acquired assets and the legal income assets which are production subject of cases on recognition of assets unreasonable and their penalties in the income of the state, and also the assets collected in the income of the state within such production are not considered".

3. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

Article 258 to add 1) with part five of such content:

"5. Limitation period in four years is applied according to requirements about recognition unreasonable assets and their collection in the income of the state";

Article 261 after part six to add 2) with new part of such content:

"7. The course of limitation period according to requirements about recognition unreasonable assets and their collection in the income of the state begins from the date of receipt of the disputed assets by the defendant".

With respect thereto the seventh to consider part part eight;

Part the second Article 328 to state 3) in the following edition:

"2. The property right is considered acquired legally if other directly does not follow from the law or illegality of acquisition of property right or groundlessness of the assets which are in property are not established by court";

Part one of Article 346 to add 4) with Item 12 of the following content:

"12) recognition unreasonable assets and their collection in the income of the state".

4. In the Criminal Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2013, Art. No. No. 9-13, 88):

To add 1) with Article 88-1 of the following content:

"Article 88-1. Inadmissibility of the evidence obtained on cases on recognition unreasonable assets and their collection in the income of the state

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