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THE ORDER OF THE NATIONAL AGENCY OF UKRAINE CONCERNING IDENTIFICATION, SEARCH AND ASSET MANAGEMENT, RECEIVED FROM CORRUPTION AND OTHER CRIMES, BUREAU OF THE ECONOMIC SAFETY OF UKRAINE

of February 22, 2022 No. 54/50

About approval of the Order of interaction of ARMAGH and Bureau of economic safety of Ukraine on identification and search of assets

According to Item 6 parts one of Article 10, Articles 15 - 18 Laws of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, the Items received from corruption and other crimes", Item 12 parts one of Article 8, 16, 20 parts one of article 17 of the Law of Ukraine "About Bureau of economic safety of Ukraine", for the purpose of ensuring proper interaction by consideration of ARMAGH of appeals of Bureau of economic safety of Ukraine concerning identification and search of assets which it can be seized in criminal proceedings and accomplishment of requests of foreign states on identification and search of assets we order:

1. Approve the Order of interaction of ARMAGH and Bureau of economic safety of Ukraine concerning identification and search of assets which is applied.

2. To provide to management of identification and search of assets of ARMAGH submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. We reserve control of execution of this order.

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

In coordination: Representative of the Verkhovna Rada of Ukraine for human rights

L. Denisova

Approved by the Order of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, Bureau of economic safety of Ukraine of February 22, 2022 No. 54/50

Order of interaction of ARMAGH and Bureau of economic safety of Ukraine on identification and search of assets

I. General provisions

1. This Procedure determines bases of interaction between ARMAGH and BEB by questions:

accomplishment of ARMAGH of addresses of BEB on identification and search of assets (means, property, property and other rights) which it can be seized in criminal proceedings;

accomplishment of BEB of requests of ARMAGH about provision of information necessary for creation of ARMAGH of reply to the request of relevant organ of foreign state;

considerations of BEB of information of ARMAGH concerning signs of the criminal offenses revealed by it during execution of the functions determined by the law and powers of ARMAGH, other questions connected with accomplishment of powers of ARMAGH.

2. This Procedure is developed taking into account provisions of the Criminal Procedure Code of Ukraine, the Laws of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" (further - the Law), "About Bureau of economic safety of Ukraine" and other regulatory legal acts.

3. In this Procedure terms are used in such values:

conclusion - information of ARMAGH on signs of criminal offenses which are revealed in case of accomplishment of the functions determined by the law and powers of ARMAGH and not specified in the address;

the answer - the document ARMA constituted by results of processing of the address;

request of ARMAGH - the appeal of ARMAGH to BEB about provision of the data necessary for creation of ARMAGH of the response to foreign request which are absent at the disposal of ARMAGH;

the address - the request of the subject of the address addressed to ARMAGH on identification and/or search of assets which it can be seized in criminal proceedings;

foreign request - request of relevant organ of foreign state concerning obtaining from ARMAGH information on the questions connected with identification, search and asset management;

the subject of the address - the detective of BEB or body of pre-judicial investigation of BEB on behalf of his head.

Other terms used in this Procedure are used in the values determined by the Law, the Law of Ukraine "About prevention of corruption", the Criminal Procedure Code of Ukraine.

4. Subjects of information relations according to this Procedure are ARMAGH and BEB.

5. Procedures of the organization of information exchange between ARMAGH and BEB are determined by questions which are not covered by Item 1 of this Section separately.

II. Subjects of the address

1. On accomplishment of ARMAGH the addresses in specific criminal proceedings prepared by subjects of the address which are effective within the powers are accepted.

Powers of the detective, the head of body of pre-judicial investigation of BEB on the address are confirmed by the statement from the Unified register of pre-judicial investigations.

2. Subjects of the address are independent in creation and the direction of addresses to ARMAGH.

III. Requirements to the address

1. The address is constituted in writing and stated on the BEB form with indication of registration number and registration date of outgoing correspondence, and also signed personally:

detective of BEB;

the head of body of pre-judicial investigation of BEB - if the subject of the address is the body of pre-judicial investigation of BEB on behalf of his head.

2. In the address the following data are specified:

1) surname, name, middle name (in the presence) the subject of the address with indication of its up-to-date contact information (telephone and electronic communication), the address for correspondence, position;

2) the name of body of pre-judicial investigation of BEB in which the subject of the address works;

3) surname, name, middle name (in the presence) the detective (detective stories) performing pre-judicial investigations with indication of its up-to-date contact information (telephone and electronic communication) (for the subject of the address - body of pre-judicial investigation on behalf of his head);

4) number of criminal proceedings in the Unified register of pre-judicial investigations for the purpose of which providing the address with the subject according to the procedure of Article 170 of the Criminal Procedure Code of Ukraine measures for identification and search of property which it can be seized, by creation of the address are taken;

5) the creation of the circulation of the information about persons which is available in criminal proceedings as of date to which assets which can be arrested for the purpose of ensuring these criminal proceedings, and also close faces of such persons and/or the third parties who can be connected with such persons, in particular directly or indirectly can belong:

for physical resident person - surname, name, middle name (in the presence), birth date, series (in the presence) and passport number of the citizen of Ukraine (or other document which proves the identity and according to the legislation it can be used in the territory of Ukraine for the conclusion of transactions), date of its issue and the body which issued it registration number of accounting card of the taxpayer from the State register of physical persons - taxpayers or series (in the presence) and passport number (for physical persons which refused adoption of registration number of accounting card of the taxpayer according to the law);

for physical nonresident person - surname, name, middle name (in the presence), birth date, series (in the presence) and passport number (or other document which proves the identity and according to the legislation it can be used in the territory of Ukraine for the conclusion of transactions), date of its issue and the body which issued it nationality, registration number of accounting card of the taxpayer from the State register of physical persons - taxpayers (in the presence);

for legal resident person - full name, the location, identification code of the legal entity according to EGRPOU;

for legal nonresident person - the full name, the location, other data giving the chance to identify it;

6) the short description of plot of criminal proceedings and legal qualification of criminal offense with indication of the article (part of Article) of the Criminal code of Ukraine;

7) problem definition of ARMAGH on identification and search of assets which can be arrested in criminal proceedings, and its interrelation with the actual circumstances of criminal proceedings which can demonstrate crime execution;

8) the measures for property attachment taken in criminal proceedings (for date of the address) as measure of ensuring this production, including the complete list and the description (identification signs) of distrained property, the existing data on existence and the location of property which can be arrested in such criminal proceedings, with reasons for such data (assumptions), the list of the automated information and help systems, registers and databanks in which search of data on assets for date of the direction of the address is performed;

9) objectively reasonable period during which shall provide to ARMAGH accomplishment of the address and provide the answer, considering article 17 of the Law;

10) other data which can promote ARMAGH during the course of performance of the address (in the presence).

3. The statement from the Unified register of pre-judicial investigations certifying availability of the criminal proceedings specified in the address and the status of the subject of the address in it is attached to the address.

4. If necessary ARMAGH is requested the additional information concerning subject of the address with reasons for need of refining.

Such information is provided by the subject of the address with observance of requirements of the Penal procedural legislation regarding ensuring nondisclosure of data of pre-judicial investigation.

5. In case of need died acceptances of ARMAGH on identification and search of assets which are (can be) outside Ukraine, the address in addition to the data determined in Item 2 of this Section shall contain the actual circumstances testimonial of legal bond of person specified in the address or property with specifically certain foreign jurisdiction (foreign jurisdictions).

IV. Refusal in consideration of the address

1. Violation of the requirements to the address specified in the Section III of this Procedure is the basis for refusal in its consideration of ARMAGH (further - refusal).

In case of establishment of unauthenticity of the data stated in the address, ARMAGH constitutes refusal in provision of the answer to the address to the subject of the address.

2. The refusal is proved with indication of the exhaustive list of the bases of adoption of such decision.

3. The refusal is constituted and goes according to the requirements established by Items 6, of the 7th Section VI of this Procedure.

4. The refusal does not deprive of the subject of the address of the right to submission of the corresponding address repeatedly after elimination of circumstances by it based on which the corresponding refusal is constituted.

V. Terms of consideration of the address

1. ARMAGH provides accomplishment of addresses to the shortest possible time, but no later than within three working days from the date of its receipt or in other longer time specified in the address.

2. Counting of the term specified in the address during which ARMAGH provides its accomplishment and provides the answer, begins with receipt date of the address to ARMAGH.

3. In case of determination of term of consideration of the address the subject of the address considers content and amount of the address, need of receipt of data from bodies of foreign jurisdiction.

4. In case of impossibility to submit information in time, determined by the subject of the address, ARMAGH in such time constitutes and the intermediate letter in which the available information on the revealed assets and the petition for prolongation of term of accomplishment of the address are specified sends to the subject appeals.

5. The subject of the address after receipt of the intermediate letter makes the decision on need of prolongation of term of consideration, determines such term and informs about it ARMAGH. After receipt of information on prolongation of terms of consideration of the address of ARMAGH resumes identification and search of assets.

VI. Consideration of addresses

1. ARMAGH performs actions for identification, search of assets, proceeding from contents of the address, within the powers determined by the Law and taking into account extent of the actual access to data sources, the third parties who are at the disposal.

2. By results of the taken measures for identification, search of assets of ARMAGH constitutes the answer.

3. In the answer the data testimonial of existence of assets established by ARMAGH which it can be seized in the criminal proceedings specified in the address, and also about their location or the last known location are specified.

4. The amount of the answer is caused by contents of the address. In case of creation of the answer of ARMAGH considers requirements of the Criminal Procedure Code of Ukraine concerning seizure of assets, including tasks of arrest, the purpose of providing which can be reached by seizure of assets.

5. ARMAGH within competence takes measures of rather reasonable statement in the answer of the data determined by Items 1 - 3 parts two of Article 171 of the Criminal Procedure Code of Ukraine, on condition of obtaining from the subject of the circulation of necessary information.

6. The answer is constituted in writing, stated on the ARMA form and signed by the Chairman of ARMAGH or its deputy who performs the powers according to the distribution of obligations approved by the order ARMA. Appendices (in the presence) to the answer are its integral part. In case of considerable amount of appendices to the answer (more than 20 pages) such appendices are constituted electronically.

7. The answer goes to the subject of the address no later than the next working day behind day of creation of the answer by means of mail or electronic communication on paper or other data carrier, including electronic, to the address specified in the address for correspondence or other means of communication reported by the subject of the address.

8. Consideration, decision making according to information stated in the answer are performed in the procedure established by the legislation by subject according to which address such answer is constituted.

VII. Conclusions of ARMAGH

1. In case of establishment of ARMAGH by results of taking measures to identification, search of assets of signs of the offenses which are not specified in the address, to the relevant law enforcement agencies the conclusion which is obligatory for consideration by them goes.

2. The conclusion is constituted and goes according to the requirements established by Items 6, of the 7th Section VI of this Procedure to body of pre-judicial investigation, to competence of investigators which detectives investigation of criminal offense which signs are stated in the conclusion belongs.

3. If according to the legislation the answer or the conclusion is wholly or partially transferred from the subject of the appeal to other law enforcement agency, ARMAGH is instantly notified on such transfer.

VIII. Monitoring of results of consideration of addresses and conclusions

1. ARMAGH according to the decision of the Chairman of ARMAGH or its deputy for the purpose of preparation of the annual report on the activities, maintaining the Single state asset register which it is seized in criminal proceedings and accomplishment of other functions can receive from subjects of addresses which sent appeals and received answers, the decisions, information, in particular relatively:

registration number of the answer/conclusion, registration date;

conditions of pre-judicial investigation (proceeds, it is transferred on competence, investigation is stopped, the term of investigation is prolonged), concerning which provided to ARMAGH the answer or the conclusion;

contents of the decision on suspension of pre-judicial investigation, closing of criminal proceedings and date of its acceptance;

belongings lists which it is seized, numbers and dates of the relevant decision of court (the investigative judge), dates of its introduction in legal force, dates and the bases of cancellation of such decision;

registration number, date and type of the judgment in criminal proceedings and contents of its substantive provisions, data on entry of decision into legal force;

dates of entering into the Unified register of pre-judicial investigations of data on committed criminal offense based on the conclusion and number of criminal proceedings (in case of availability of the bases for introduction of data on criminal offense);

articles of the Criminal code of Ukraine on which signs pre-judicial investigation (including the qualifying signs) based on the conclusion, the summary of plot of criminal offense is begun.

The relevant information is provided by the subject of the address with observance of requirements of provisions of the legislation regarding ensuring nondisclosure of data and/or information with limited access.

2. ARMAGH can obtain the statistical data concerning identification and search of assets, seizure of assets, actions and cancellation of such arrests.

IX. Reclamation of ARMAGH of information for accomplishment of foreign request

1. In request of ARMAGH about provision of information necessary for accomplishment of foreign request, are specified:

reference to foreign request as basis for reclamation of information;

summary of foreign request;

the expected amount and terms of provision of information.

2. The inquiry of ARMAGH for provision of information is sent to BEB if BEB performs investigation of criminal offense concerning which the foreign request is constituted.

3. The request of ARMAGH is constituted in writing, stated on the ARMA form and signed by the Chairman of ARMAGH or the authorized person of ARMAGH determined by it. Appendices (in the presence) to request of ARMAGH are its integral part. In case of considerable amount of appendices to request of ARMAGH (more than 100 pages) such appendices are constituted electronically.

4. The inquiry of ARMAGH is sent to BEB by means of mail or electronic communication.

5. In request of ARMAGH the term during which BEB provides its accomplishment and provision of the corresponding data is specified. Term is reckoned from receipt date of request in ARMAGH. BEB provides the relevant information instantly, but no later than three working days from the date of its receipt. In case of impossibility of provision of information of BEB instantly in writing notifies on this ARMAGH with reasons for the reasons. ARMAGH according to the address of BEB can extend the term of provision of information no more than for two calendar days.

6. BEB provides the information at the request of ARMAGH, proceeding from its content, within the powers determined by the law and taking into account extent of the actual access to data sources, being at its disposal. The amount of such data is caused by content of request of ARMAGH.

Data on request of ARMAGH are constituted in written and/or electronic form and go to ARMAGH means of mail or electronic communication.

7. The data received from BEB go according to the legislation to ARMAGH as the response to foreign request with such restrictions of use of data for body of foreign state:

the relevant organ of foreign state provides the mode of protection of data identical to the national treatment operating in Ukraine, and uses them only for the purposes of criminal trial;

data cannot be used as the proof in criminal proceedings of foreign jurisdiction;

the data received by relevant organ of foreign state on its request can be transferred to them to relevant organ of the third state only under approval of BEB.

In case of lack of the need determined by BEB, the specified restrictions are not set what ARMAGH is notified on.

 

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