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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, STATE BUREAU OF INVESTIGATIONS OF UKRAINE

of July 4, 2022 No. 2771/5/318

About approval of the Procedure for provision of investigations of information by the State bureau on requests of the Ministry of Justice of Ukraine in case of realization of state policy in the field of collection in the income of the state of assets of persons to which sanctions are applied

According to parts one, the eighth article 5 of the Law of Ukraine "About sanctions", to article 22 of the Law of Ukraine "About the State bureau of investigations", to Items 1, of 9, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 02, 2014 No. 228, for the purpose of ensuring provision of investigations of information by the State bureau on requests of the Ministry of Justice of Ukraine we ORDER:

1. Approve the Procedure for provision of investigations of information by the State bureau on requests of the Ministry of Justice of Ukraine in case of realization of state policy in the field of collection in the income of the state of assets of persons to which sanctions which is applied are applied.

2. To management of justice and punitive justice of the Ministry of Justice of Ukraine (Oleynik A.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

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

4. We reserve control of execution of this order.

Minister of Justice of Ukraine

D. Malyuska

Director of the State bureau of investigations

A. Sukhachev

It is approved: First Deputy Minister of digital transformation of Ukraine

A. Vyskub

 

Approved by the Order of the Ministry of Justice of Ukraine, the State bureau of investigations of Ukraine of July 4, 2022, No. 2771/5/318

Procedure for provision of investigations of information by the State bureau on requests of the Ministry of Justice of Ukraine in case of realization of state policy in the field of collection in the income of the state of assets of persons to which sanctions are applied

I. General provisions

1. This Procedure determines procedure for granting the State bureau of investigations of information, namely data, documents and materials (proofs) necessary for the Ministry of Justice of Ukraine for identification and search of assets of the physical persons or legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine concerning which according to the procedure, determined by the Law of Ukraine "About sanctions", the sanction in the form of blocking of assets, including identification of earlier not blocked assets is applied.

2. This Procedure is developed according to the laws of Ukraine "About information", "About electronic documents and electronic document management", "About electronic confidential services", "About personal data protection", "About sanctions", "About the State bureau of investigations", the subitem 2 Items 6, Item 9 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 02, 2014 No. 228.

3. For the purposes of this Procedure terms are used in such values:

assets - means, property, property and other rights of the physical persons or legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine concerning which according to the procedure, determined by the Law of Ukraine "About sanctions", the sanction in the form of blocking of assets is applied;

the relevant decision of the National Security and Defense Council of Ukraine - the decision of the National Security and Defense Council of Ukraine made after the entry on May 24, 2022 by law of Ukraine "On modification of some legal acts of Ukraine concerning increase in efficiency of the sanctions connected with assets of individuals" concerning physical persons or legal entities to which the sanction in the form of blocking of assets which became effective according to article 5 of the Law of Ukraine "About sanctions" is applied;

the answer - the letter of the State bureau of investigations with necessary data, documents and materials (proofs) constituted by results of processing of request of the Ministry of Justice of Ukraine;

the contractor of request - the State bureau of investigations;

identification and search of assets - activities for factual determination of existence of assets of the physical persons or legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine concerning which according to the procedure, determined by the Law of Ukraine "About sanctions", the sanction in the form of blocking of assets, to determination of their location is applied;

request of the Ministry of Justice of Ukraine - the appeal of the Ministry of Justice of Ukraine to the State bureau of investigations about provision of data, documents and materials (proofs) necessary for identification and search of assets of the physical persons or legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine concerning which according to the procedure, determined by the Law of Ukraine "About sanctions", the sanction in the form of blocking of assets, including identification of earlier not blocked assets, and also in case of availability of the bases determined by the Law of Ukraine "About sanctions" for the appeal to the Supreme anti-corruption court with the statement for application is applied to the relevant physical person or legal entity of the sanction, stipulated in Item 1-1 part one of article 4 of this Law;

the initiator of request - the Ministry of Justice of Ukraine as the central executive body providing realization of state policy in the field of collection in the income of the state of assets of persons to which sanctions are applied.

Other terms used in this Procedure are used in the values determined by the Law of Ukraine "About sanctions" and other regulatory legal acts.

4. Subjects of information relations according to this Procedure are the Ministry of Justice of Ukraine and the State bureau of investigations.

II. Procedure for involvement of the State bureau of investigations to identification and search of assets of persons to whom sanctions are applied

1. The Ministry of Justice of Ukraine for the purpose of taking measures to identification and search of assets of the physical persons and legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine, including identification of earlier not blocked assets involves the State bureau of investigations in identification and search of assets by sending request in State bureau of investigations.

2. The request of the Ministry of Justice of Ukraine is created electronically in electronic document management system of the office of the Ministry of Justice of Ukraine according to requirements of the Law of Ukraine "About electronic confidential services", the Standard instruction for documentation of management information electronically and the organizations of the work with electronic documents in clerical work, electronic interdepartmental exchange approved by the resolution of the Cabinet of Ministers of Ukraine of January 17, 2018 No. 55 (further - the Standard instruction), and signed by means of the qualified digital signature by the Minister of Justice of Ukraine or the deputy minister of justice of Ukraine according to distribution of obligations or the head of authorized structural division.

3. The request includes such data:

the creation of such request of the data on the physical person or legal entity specified in the relevant decision of the National Security and Defense Council of Ukraine, in particular which is available for the initiator of request as of date:

for the physical person – the resident - surname, name and 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 of Ukraine it can be used in the territory of Ukraine for the conclusion of transactions), date of its issue and 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 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); unique number of entry in the Unified state demographic register (in the presence);

for the physical person - the nonresident - surname, name and 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 of Ukraine 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); unique number of entry in the Unified state demographic register (in the presence);

for the legal entity - the resident - full name; location; identification code according to the Unified state register of the companies and organizations of Ukraine;

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

2) date and other registration data on the relevant decision of the National Security and Defense Council of Ukraine which to person concerning whom information is requested applies the sanction in the form of blocking of assets;

3) description of required information;

4) surname, name and middle name (in the presence) the official of the Ministry of Justice of Ukraine which prepared request, with indication of up-to-date contact information (phone number and office e-mail), the address for correspondence, positions;

5) other data which can promote accomplishment of request.

4. Copies of necessary documents which can promote accomplishment of request can be attached to request.

5. The contractor of request provides assistance to the initiator of request in identification and search of the corresponding assets by taking measures within the rights and opportunities determined by the legislation for search and provision of required information and provision of the answer in which the data testimonial of existence of assets established by the contractor of request at person to whom the sanction in the form of blocking of assets is applied are specified. Also in case of availability or identification of the bases determined by the Law of Ukraine "About sanctions" for the appeal to the Supreme anti-corruption court with the statement for application to the relevant physical person or legal entity of the sanction, stipulated in Item 1-1 part one of article 4 of this Law, the contractor of request provides the corresponding information, documents and materials. In particular, the answer shall contain:

1) data on assets (in the presence), their description (identification signs), known data on existence and location of property (assets);

2) additional data which the contractor of request about assets concerning which such person can directly or indirectly (through other physical persons or legal entity) has to make the actions identical for content to implementation of the right of the order them;

3) the list of documents (proofs) (in the presence) which are attached to the answer and confirm the stated information concerning assets;

4) other data (in the presence) which can promote identification and search of assets of the physical persons and legal entities specified in relevant decisions of the National Security and Defense Council of Ukraine;

5) the corresponding data, documents and materials (in the presence or identifications of the bases determined by the Law of Ukraine "About sanctions") for the appeal to the Supreme anti-corruption court with the statement for application to the relevant physical person or legal entity of the sanction, stipulated in Item 1-1 part one of article 4 of this Law;

6) if the answer is provided by the contractor of request concerning person concerning whom pre-judicial investigation is performed:

the description of plot of criminal proceedings, its registration number according to the Unified register of pre-judicial investigations and legal qualification of criminal offense with indication of the article (part of Article) of the Criminal code of Ukraine, date of the message to person about suspicion and the chosen measure of restraint, the announcement in search, etc.;

the name of body of pre-judicial investigation which performs pretrial investigation or inquiry in criminal proceedings, and body of prosecutor's office which performs procedural management in it;

the location (or the last known location) the suspected person and the means of communication with it, possibility of its further challenge, arrival in judicial session for consideration of question of application of the sanction in the form of collection of the assets belonging to it in the income of the state;

evidential reasons by the actual circumstances of availability of one or several Ukraine determined by the Law "About sanctions" the bases for application to person of the sanction (with indication of specific Item, part of article of the Law) in the form of collection of assets in the income of the state;

the measures for property attachment taken in criminal proceedings, including the complete list and the description (identification signs) of distrained property, the available data on existence and the location of property (assets) and so forth.

6. Request of the Ministry of Justice of Ukraine is reviewed by the contractor of request instantly, but no later than three working days from the date of, the receipt of request following behind day.

In case of impossibility to submit the answer in time determined by paragraph one of this Item the contractor of request in two-day time constitutes and sends the initiator of request the intermediate letter in which he is reported about need of prolongation of term of accomplishment of request with obligatory reasons for objective impossibility of its accomplishment in the provided terms.

Prolongation of term is determined by the contractor of request no more once, at the same time the deadline of accomplishment of request cannot constitute more than seven working days from the date of receipt of request.

7. Provision of information is performed by the contractor of request electronically through system of electronic interaction of executive bodies according to requirements of the Standard instruction, and in case of provision of information with limited access - goes it (is provided) according to the procedure, determined by the legislation in the field of information security.

8. Use of the acquired information is performed by the Ministry of Justice of Ukraine only for accomplishment of powers on taking measures to identification and search of assets of person to which the sanction in the form of blocking of assets, according to the Law of Ukraine "About sanctions" with observance of requirements of the legislation on personal data protection and ensuring preserving the secret protected by the law is applied.

9. In case of identification by the contractor of information request about availability of other assets of person to which the sanction in the form of blocking of assets, data on which were not specified in the answer to the Ministry of Justice of Ukraine, the contractor of request instantly is applied, but no later than three working days reports about it in the Ministry of Justice of Ukraine according to the procedure, stipulated in Item 7 these Sections.

III. Information security in case of information exchange

1. Subjects of information relations undertake organizational and technical measures for ensuring the information security transferred according to the legislation which regulates such protection.

2. The transmitted data is processed taking into account requirements of the legislation on personal data protection and used by subjects of information exchange only for the purpose of realization of the functions and powers by them, stipulated by the legislation, and cannot be transferred to the third party if other is not provided by the law.

Director Management of justice and punitive justice of the Ministry of Justice of Ukraine

A. Oleynik

Head of the Head operational management of the State bureau of investigations

I. I.Geyda

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info