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ORDER OF THE MINISTRY OF DIGITAL TRANSFORMATION OF UKRAINE

of April 12, 2024 No. 56

About approval of the Procedure for realization of types of sanctions and monitoring of their efficiency in the Ministry of digital transformation of Ukraine

According to the Law of Ukraine "About sanctions", Item 2 of the resolution of the Cabinet of Ministers of Ukraine of July 7, 2022 to No. 772 "About entering into some resolutions of the Cabinet of Ministers of Ukraine of changes concerning enhancement of the state sanctions policy", the subitem 21 of item 4 of the Regulations on the Ministry of digital transformation of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of September 18, 2019 No. 856, and for the purpose of implementation of effective state sanctions policy on issues which is within the competence of the Ministry of digital transformation of Ukraine I ORDER:

1. Approve the Procedure for realization of types of sanctions and monitoring of their efficiency in the enclosed Ministry of digital transformation of Ukraine.

2. Determine that heads of independent structural divisions of the Ministry of digital transformation of Ukraine within competence and depending on the sphere of their tasks and powers are responsible for implementation of sanctions and monitoring of their accomplishment.

3. To provide to management of development of the IT industry (Denikeev N. G.) submission of this order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

4. To impose control over the implementation of this order on the deputy minister Bornyakov A. S.

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

Approved by the Order of the ministry of digital transformation of Ukraine of April 12, 2024, No. 56

Procedure for realization of types of sanctions and monitoring of their efficiency in the Ministry of digital transformation of Ukraine

I. General part

1. This Procedure determines the realization mechanism, within Mintsifra's competence, decisions of the National Security and Defense Council of Ukraine (further - the NSDC) about application of the personal special economic and other rationing measures (further - sanctions) enacted by Presidential decrees of Ukraine, and monitoring of their efficiency (further - monitoring).

2. In this Procedure terms are used in the values given in the Law of Ukraine "About sanctions" (further - the Law) and other regulatory legal acts in the field of the state sanctions policy.

3. Participants of implementation process of sanctions and monitoring in Mintsifry are: the first deputy minister and deputy ministers according to their competence according to the approved distribution of obligations, independent structural divisions of Mintsifra depending on the sphere of their tasks and powers and their heads.

II. Implementation of sanctions

1. Implementation of sanctions provides implementation of actions for their application and informing on the course of accomplishment of these measures in Mintsifry.

2. In case of decision making of the NSDC about application or modification of sanctions which realization is referred to the sphere of competence of Mintsifra, independent structural division of Mintsifra, to the sphere of tasks and which powers the question of implementation of such sanctions belongs submits to the deputy minister who directs activities of such division, offers on making of actions, in particular decision makings, sanctions, necessary for realization, and in case of approval of such offers takes the measures necessary for implementation of sanctions.

3. Information on condition of implementation of sanctions moves (according to the requirement / on demand) to the Office of the NSDC and other public authorities by the following methods (according to the procedure of priority):

1) electronically - by sending by means of system of electronic interaction of executive bodies;

2) on data carriers electronically with reproduction in paper form - it is exclusive if it is impossible to apply other specified methods to transfer of the relevant information, in particular in case of provision of information with limited access.

III. Procedure and forms of monitoring

1. Monitoring is provided by information collection implementation, in particular from public sources, about physical persons and legal entities to which sanctions, impact assessments of such sanctions, and also determinations of their efficiency are applied.

2. In case of need receipts of the additional information necessary for carrying out monitoring, Mintsifra can address to public authorities and obtain the relevant information (from their consent).

3. Objects of monitoring are physical persons and legal entities to which sanctions on the questions which are within Mintsifra's competence are applied.

4. Stages of monitoring are:

information collection;

the analysis of the collected (obtained) information;

generalization of results of monitoring;

determination (assessment) of efficiency of sanctions on the basis of the generalized results of monitoring;

bringing results of monitoring to Mintsifra's management.

5. Efficiency of the sanctions applied to legal entities and physical persons can be estimated as:

"sanctions are effective";

"sanctions are effective partially";

"sanctions are inefficient".

6. Results of monitoring are generalized in tabular electronic form and contain the following information:

data on the subject to which sanctions (are applied to physical persons: identification data according to official registers of the state which citizen person is; for legal entities: identification data and details of the legal entity according to official registers of the state of registration, for the legal entities registered according to the legislation of Ukraine Unified State Register of Legal Entities, physical persons entrepreneurs and public forming;

decision details concerning application or modification of sanctions;

types of sanctions according to the Law;

term of application of sanctions;

purpose of application of sanctions;

result of application of sanctions;

performance indicator of sanctions;

conclusions or offers on ensuring efficiency of sanctions and/or goal achievement of their application.

7. Results of monitoring move for consideration to the deputy minister who directs activities of such division.

8. If by results of monitoring of realization of separate types of sanctions efficiency of sanctions was estimated as "sanctions are effective partially" or "sanctions are inefficient", the independent structural division of Mintsifra submits to the deputy minister who directs activities of such division, offers on making of the actions necessary for ensuring efficiency of sanctions and/or goal achievements of their application, and in case of approval of such offers takes necessary measures according to the approved offers.

9. Information on results of monitoring is provided at the request of public authorities (taking into account tasks of the NSDC, Cabinet of Ministers of Ukraine concerning informing on results of monitoring).

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