ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, MINISTRY OF FINANCE OF UKRAINE

of March 25, 2021 No. 1111/5/177

About approval of the Procedure for provision by the State Tax Administration of Ukraine of information necessary for execution of judgments on assignment of punishment in the form of penalty, control of observance of procedure and conditions of serving sentence by persons condemned to deprivation of the right to hold certain positions or to be engaged in certain activities and to corrective works

According to Article part one 6, to Item 7 parts two of Article 7, to parts one and third article 10 of the Law of Ukraine "About personal data protection", Article 70 of Chapter 6 of the Section II of the Tax code of Ukraine, parts three and the fourth Article 26 of Chapter 5, parts one of Article 31 of Chapter 7, to parts three and the fifth Article 41 of Chapter 9 of the Section II of the Penitentiary code of Ukraine, to the laws of Ukraine "About probation", "About personal data protection", "About information", "About information security in information and communication systems", to subitem 2-5 of Item 3, to the subitem 14 of Item 5, to subitems 2, 3 Items 6, to Item 10 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, to Item 8 of the Regulations on the Ministry of Finance of Ukraine the Cabinet of Ministers of Ukraine approved by the resolution of August 20, 2014 375, to the subitem 51 of item 4 of the Regulations on the State Tax Administration of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of March 6, 2019 No. 227, to the Procedure for processing of personal data in base of personal data in the State register of physical persons taxpayers approved by the order of the Ministry of Finance of Ukraine of February 24, 2015 No. 210, registered in the Ministry of Justice of Ukraine on March 12, 2015 for No. 278/26723, and for the purpose of realization of procedure for granting by the State Tax Administration of Ukraine of information necessary for execution of judgments on assignment of punishment in the form of penalty, control of observance of procedure and conditions of serving sentence by persons condemned to deprivation of the right to hold certain positions or to be engaged in No. in certain activities and to corrective works, we ORDER:

1. Approve the Procedure for provision by the State Tax Administration of Ukraine for information necessary for dlyaispolnenia of judgments on assignment of punishment in the form of penalty, control of observance of procedure and conditions of serving sentence by persons condemned to deprivation of the right to hold certain positions or to be engaged in certain activities and to corrective works which is applied.

2. Determine:

subjects of information exchange - authorized body concerning probation and the State Tax Administration of Ukraine;

administrators of exchange who provide and perform technical support of the procedure of giving of requests and receipt of answers, - the Ministry of Justice of Ukraine and the State Tax Administration of Ukraine.

3. In two-month time from the date of entry into force of this order to provide to department of work with system of the Public criminal and executive service of the Ministry of Justice of Ukraine and the State Tax Administration of Ukraine preparation and approval of the protocol of exchange of information and proper execution of this order.

4. To department of the public law of the Ministry of Justice of Ukraine to submit 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" (with changes).

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

6. To impose control of execution of this order on the deputy minister of justice of Ukraine and the Deputy Minister of Finance of Ukraine according to distribution of obligations.

 

It is approved: Chairman of the State Tax Administration of Ukraine

A. Lyubchenko

Chairman of Public service of special communication and information security of Ukraine

Yu.Shchigol

Representative of the Verkhovna Rada of Ukraine for human rights

L. Denisova

First Deputy Minister of digital transformation of Ukraine

A. Vyskub

 

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of Finance of Ukraine of March 25, 2021, No. 1111/5/177

Procedure for provision by the State Tax Administration of Ukraine for information necessary for execution of judgments on assignment of punishment in the form of penalty, control of observance of procedure and conditions of serving sentence by persons condemned to deprivation of the right to hold certain positions or to be engaged in certain activities and to corrective works

I. General provisions

1. This Procedure is developed according to Article 70 of Chapter 6 of the Section II of the Tax code of Ukraine, parts three and the fourth Article 26 of Chapter 5, part one of Article 31 of Chapter 7, part three and part five of Article 41 of Chapter 9 of the Section II of the Penitentiary code of Ukraine, the Laws of Ukraine "About probation", "About personal data protection", "About information", "About information security in information and communication systems", subitem 2-5 of Item 3, the subitem 14 of Item 5, subitems 2, 3 Items 6 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228 (with changes), the subitem 51 of item 4 of the Regulations on the State Tax Administration of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of March 6, 2019 No. 227 (with changes), The procedure for processing of personal data in base of personal data in the State register of physical persons taxpayers approved by the order of the Ministry of Finance of Ukraine of February 24, 2015 No. 210, registered in the Ministry of Justice of Ukraine on March 12, 2015 for No. 278/26723 (with changes).

2. In this Procedure terms are used in the values given in the Tax code and the Penitentiary code of Ukraine.

3. This Procedure regulates exchange of information between the State Tax Administration of Ukraine and public institution "Center of probation" (further - the Center of probation), rules of creation and representation of probation by the Center through the Ministry of Justice of Ukraine in GNS of requests for obtaining from the State register of physical persons taxpayers (further - the State register) information necessary for execution of the judgment on assignment of punishment in the form of penalty, control of observance of procedure and conditions of serving sentence by persons condemned to deprivation of the right to hold certain positions or to be engaged in certain activities and to corrective works.

4. The structure, format of the data provided in Item 2 of the Section III and Item 2 of the Section IV of this Procedure form of register of requests and answers, requirements of information security and terms of implementation of the software are determined jointly by Ministry of Justice and GNS and drawn up by protocols of exchange of information (further - the protocol), prepared according to this Procedure, and/or the agreement on information exchange.

II. Regulations of exchange of information between Ministry of Justice and GNS

1. The center of probation provides requests in GNS through Ministry of Justice, and GNS provides replies to the requests of the Center of probation through Ministry of Justice exclusively electronically with use of means of technical and cryptographic information security according to requirements of the Laws of Ukraine "About personal data protection", "About information", "About information security in information and communication systems".

2. The Ministry of Justice and GNS provide maintaining online magazines of accounting of requests and replies to the requests.

3. Provision of requests and replies to the requests is performed with observance of requirements of the legislation on electronic confidential services.

4. In case of circumstances which make impossible execution of provisions of this Procedure the Ministry of Justice and GNS shall inform on this each other in oral and/or written form within two working days from the date of emergence of these circumstances.

III. Procedure for giving of request

1. The center of probation quarterly creates request and gives it through Ministry of Justice to GNS exclusively electronically.

2. One request is created concerning one or several physical persons. To one physical person there corresponds one record. The request contains the following data:

code of the taxpayer according to the Unified state register of the companies and organizations of Ukraine (further - code according to EGRPOU) the Center of probation;

registration number and date (number, month, year) of request;

registration number of accounting card of the taxpayer from the State register or series (in the presence) and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport) physical person;

surname, name, middle name (in the presence) physical person;

the residence of physical person (in the presence of such information) (the area, the district of the area, the settlement, street type, the name of the street, house number, cases and apartments);

the period for which information is requested (constitutes one tax (reporting) period for which the tax agent tax calculation of income amounts moves to monitoring body, added (paid) for benefit of taxpayers);

registration number of accounting card of the taxpayer from the State register or series (in the presence) and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport) and surname, name, middle name (in the presence) the responsible person of the Center of probation who created request.

3. The request may contain other data which do not concern the information about the physical person and are determined jointly by Ministry of Justice and GNS according to item 4 of the Section I of this Procedure.

IV. Procedure for provision of reply to the request

1. GNS provides reply to the request of the Center of probation which sent inquiry through Ministry of Justice, within fifteen working days from the date of receipt of such request.

2. Reply to the request contains the following data:

registration number and response date on request;

number and date (number, month, year) of request on which the answer is given;

registration number of accounting card of the taxpayer from the State register or series (in the presence) and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport) physical person;

result of processing of request.

If in the State register there is information on sources of receipt of the income for the required period, reply to the request contains the following data:

code according to EGRPOU or registration number of accounting card of the taxpayer from the State register or series (in the presence) and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport) and the name or surname, name, middle name (in the presence) the tax agent or sign of availability of income gained by physical person from implementation entrepreneurial or implementation of independent professional activity.

3. Reply to the request may contain other data which do not concern the information about the physical person and are determined jointly by Ministry of Justice and GNS according to item 4 of the Section I of this Procedure.

4. Information from the State register is not provided if:

information on the tax agent and/or income gained by self-employed persons in the State register is absent;

in request it is specified incorrect (wrong) registration number of accounting card of the taxpayer from the State register or physical person on specified in series request (in the presence) and to passport number on accounting is not in the State register;

registration number of accounting card of the taxpayer from the State register is closed or physical person on specified in series request (in the presence) and to passport number is struck off the register in the State register;

the fields obligatory for filling are not completed or incorrectly filled;

the details specified in request, in particular, registration number of accounting card of the taxpayer from the State register or series (in the presence) both passport number and surname, name, middle name (in the presence), do not correspond to information which is available in the State register;

the request contains more than one record concerning one physical person;

the period for which information is requested is incorrectly specified;

fields about the responsible person of the Center of probation who created request are incorrectly filled.

5. After receipt of requests or answers administrators of exchange carry out their inspection on compliance to requirements for their filling, stipulated in Item 2 Sections III and Item 2 of this Section, to the requirements concerning format and structure established by the protocol and/or the agreement on information exchange according to item 4 of the Section I of this Procedure.

6. Requests or answers are considered as unaccepted and are not processed if such requests or answers did not undergo testing according to Item 5 of this Section or are provided repeatedly.

7. Subjects of information relations within one working day inform each other on the found errors electronically by the direction of the message on rejection of request or the answer with indication of the rejection reason.

V. Information security in case of information exchange

1. In case of exchange of information according to this Procedure the Ministry of Justice, GNS and the Center of probation perform the organizational and technical actions providing information security which is transferred with observance of requirements of the Laws of Ukraine "About personal data protection", "About information", "About information security in information and communication systems". Level of protection of the transmitted data shall correspond to extent of restriction of access to it.

2. The means of technical and cryptographic information security having the certificate of conformity or the positive expert opinion by results of state examination in the field of technical and cryptographic information security are applied to information security.

3. The transmitted data is processed taking into account requirements of the Laws of Ukraine "About personal data protection", "About information", "About information security in information and communication systems" and execution of judgments on assignment of punishment in the form of penalty, control on execution of the judgment concerning persons condemned to deprivation of the right to hold certain positions is used by authorized bodies concerning probation exclusively on purpose or to be engaged in certain activities and to corrective works.

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