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LAW OF UKRAINE

of December 4, 2024 No. 4111-IX

About introduction of amendments to the Criminal code of Ukraine, the Criminal Procedure Code of Ukraine and other legal acts of Ukraine concerning enhancement of mechanisms of involvement of legal entities to responsibility for bribery of officials of foreign states

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

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

Part the fourth Article 18 to state 1) in the following edition:

"4. Officials officials of foreign states are also recognized (persons holding positions in legislative, executive or judicial authority of foreign state including jury members, local government body or autonomous education in the territory of the state, other persons performing functions of the state for foreign state, in particular for the state, local body or the state, utility company), foreign arbitration judges, persons, authorized to solve civil, commercial or employment disputes in foreign states according to the procedure, alternative judicial, officials of the international organizations (the employees of the international organization or any other persons authorized by such organization to be effective from her name), and also members of the international parliamentary assemblies which participant is Ukraine, both judges and officials of international courts";

Part the second Article 96-1 to add 2) with Item 5 of the following content:

"5) determinations of court about application to the legal entity of measures of criminal and legal nature";

Article 96-2 after part three to add 3) with new part of the following content:

"4. Special confiscation is also applied along with measures of criminal and legal nature in criminal proceedings on making of socially dangerous act falling under signs of the act provided by Articles 209, of 369, 369-2 concerning the officials provided by part four of article 18 of this Code to money, values or other property of the legal entity if it:

1) it was received as a result of making of socially dangerous act and/or are income gained directly from use of such property;

2) intended it (was used) for financing or material security of socially dangerous act, or remuneration for its making;

3) was subject of the specified socially dangerous act, except the property returned to the owner (legal owner) and in case it is not established, - carries over the state;

4) it was used as means of making of socially dangerous act, except the property returned to the owner (legal owner) who did not know and could not know about its illegal use.

If money, values or other property specified in Items 1-4 of this part it was fully or partially transformed to other property, the transformed property is subject to special confiscation fully or partially.

If confiscation of such property at the time of adoption by court of the decision on special confiscation is impossible owing to its use or impossibility of allocation from the property acquired in the legal way, or alienation, or for other reasons, the court passes the decision on confiscation of sum of money, the corresponding cost of such property".

With respect thereto the fourth and fifth to consider parts respectively parts five and the sixth;

4) in Article 96-3:

add with part two of the following content:

"2. The bases for application to the legal entity of measures of criminal and legal nature irrespective of criminal prosecution of physical person are the established actual circumstances witnessing about:

1) making by its authorized person, her founder (participant), final beneficial owner or member of the supervisory board from name and/or for the benefit of the legal entity of socially dangerous act falling under signs of the act provided by Articles 209, of 369, 369-2 concerning the officials provided by part four of article 18 of this Code;

2) failure to provide of implementation assigned to the authorized person of the legal entity by the law or constituent documents of the legal entity of obligations on taking measures to prevention of corruption that led to making from name and/or for the benefit of the legal entity of socially dangerous act falling under signs of the act provided by Articles 209, of 369, 369-2 concerning the officials provided by part four of article 18 of this Code;

3) failure to provide of accomplishment assigned to the authorized person of the legal entity by the law or constituent documents of the legal entity of obligations on implementation of supervision and/or control of actions of persons acting on behalf of the legal entity or at the request of its authorized persons are members of its collegiate organs or hired employees that led to making from name and/or for the benefit of the legal entity of socially dangerous act falling under signs of the act provided by Articles 209, of 369, 369-2 concerning the officials provided by part four of article 18 of this Code;

4) making from name and/or for the benefit of the legal entity of socially dangerous act falling under signs of the act provided by Articles 209, of 369, 369-2 concerning the officials provided by part four of article 18 of this Code with the consent of its authorized persons, the founder (participant), the final beneficial owner, the member of the supervisory board.

Application to the legal entity of measures of criminal and legal nature for the bases provided by this part does not require establishment of physical person, actions or failure to act of which fall under signs of the act provided by Articles 209, of 369, 369-2 of this Code";

in the note:

state Item 1 in the following edition:

"1. It is necessary to understand any physical persons who according to the law, constituent documents of the legal entity, the agreement, instructions or other oral or written permissions have the right to act on behalf of the legal entity or to represent its interests as authorized persons of the legal entity";

add Item 2 with the words "or if illegal benefit was offered, promised or provided for making or non-execution of any action or for failure to act or influence on decision making for the benefit of the legal entity";

Part one of Article 96-4 to add 5) with the paragraph the second the following content:

"Measures of criminal and legal nature when making socially dangerous act to officials of foreign states in the cases provided by part two of Article 96-3 of this Code can be applied to subjects of the private and public law of residents and nonresidents of Ukraine, including the companies, organizations or the organizations, and also the international (non-governmental) organizations, other legal entities created according to requirements of national or international law (except public authorities, authorities of the Autonomous Republic of Crimea, local government bodies, funds of obligatory national social insurance, Fund of guaranteeing household deposits)";

Part one of Article 96-5 to add 6) with paragraphs the sixth or ninth the following content:

"The legal entity is exempted from application of measures of criminal and legal nature to it on the bases provided by part two of Article 96-3 of this Code if from the date of making of socially dangerous act falling under signs of the act provided by Articles 209, of 369, 369-2 concerning the officials provided by part four of article 18 of this Code and about day of the introduction in legal force of the judgment concerning application to the legal entity of measures of criminal and legal nature such terms expired:

a) five years - in case of making of socially dangerous act containing signs of not serious crime;

b) ten years - in case of making of socially dangerous act containing signs of serious crime;

c) fifteen years - in case of making of socially dangerous act containing signs of especially serious crime";

7) in Article 96-6:

add part one with item 4 of the following content:

"4) additional (non-financial) measures of criminal and legal nature";

the second to add part with paragraphs the second or fifth the following content:

"In the cases provided by part two of Article 96-3 of this Code such additional (non-financial) measures of criminal and legal nature can be applied to the legal entity:

1) temporary restrictions of activities of the legal entity;

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