LAW OF UKRAINE

of April 13, 2012 No. 4652-VI

About modification of some legal acts of Ukraine in connection with adoption of the Criminal Procedure Code of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Tax code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2011 No. No. 13-17, of the Art. 112):

Item 56.22 of Article 56 to state 1) in such edition:

"56.22. If the taxpayer appeals the decision of tax authority administratively in monitoring bodies and/or in court, the message to person about suspicion of making of criminal offense in the form of tax avoidance cannot be based on such decision of monitoring body before the end of procedure of administrative appeal or before the final decision of case by court. This rule does not extend to cases when such message on suspicion is based not only on the decision of monitoring body, but also is confirmed by in addition collected proofs according to requirements of the penal procedural legislation of Ukraine.

The beginning of pre-judicial investigation concerning the taxpayer or the message on suspicion of making of criminal offense to his office (official) persons cannot be the basis for stop of proceeedings or leaving without consideration of the claim (claim) of such taxpayer which is filed a lawsuit within the procedure of appeal approval";

2) in Item 58.4 of Article 58:

the paragraph one to state in such edition:

"58.4. In case when the court by results of consideration of criminal proceedings about criminal offense which subject are taxes, charges pronounces the conviction which took legal effect or the decision on closing of criminal proceedings on not rehabilitating bases is passed, the relevant monitoring body shall determine the tax liabilities of the taxpayer by taxes and fees, failure to pay the tax liabilities on which is established by the judgment, and to accept the tax message decision on charge to the payer of such tax liabilities and application of penal (financial) sanctions concerning it in the sizes determined by this Code";

in the paragraph the second words "the judgment, it is forbidden to the introduction in legal force of the judgment on case or pronouncement of the resolution on closing of such criminal case on not rehabilitating bases" shall be replaced with words "the judgment, it is forbidden to the introduction in legal force of the judgment in criminal proceedings or pronouncement of the resolution on closing of such criminal proceedings on not rehabilitating bases";

in paragraph three of the word "initiations of legal proceedings" shall be replaced with words "messages to person about suspicion of making of criminal offense";

3) in Article 78:

in Item 78.1:

state subitem 78.1.11 in such edition:

"78.1.11. the judgment of court (the investigative judge) on purpose of check or the resolution of the body performing operational search activities, the investigator, the prosecutor, which is taken out by them according to the law is received";

in the paragraph the second subitem 78.1.12 of the word "or criminal case is brought" shall be replaced with words "or by it it is informed of suspicion of making of criminal offense";

in Item 78.2 of the word of "the brought criminal case" shall be replaced with words "criminal proceedings";

state Item 78.3 in such edition:

"78.3. Employees of tax police are forbidden to take part in conducting scheduled and unscheduled exit inspections of taxpayers which are carried out by bodies of the State Tax Service if such checks are not connected with conducting operational search cases or implementation of criminal proceedings concerning such taxpayers (officials of taxpayers) who are in their production. Taxpayers are performed by tax police within the powers determined by the law, and according to the procedure, provided by the Law of Ukraine "About operational search activities", the Criminal Procedure Code of Ukraine and other laws of Ukraine";

"The criminal procedure law" shall be replaced with words 4) in Item 85.5 of Article 85 of the word "the penal procedural legislation";

5) in Item 86.9 of Article 86 of the word "criminal procedure law" in all cases shall be replaced with words "the penal procedural legislation" in the corresponding case;

6) in subitem 102.2.2 of Item 102.2 of Article 102 of the word "the decision about it is passed to criminal case" shall be replaced with words "criminal proceedings the decision about it is passed";

To Item 159.3 of Article 159 of the word "Criminally Procedure Code of Ukraine" shall be replaced with words 7) in subitems 159.3.10 and 159.3.11 "The criminal Procedure Code of Ukraine";

8) in paragraph five of subitem 164.2.14 of Item 164.2 of Article 164 of the word "inquiries, pretrial investigation" shall be replaced with words "which perform operational search activities, bodies of pre-judicial investigation".

2. In Criminal the executive code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2004 No. 3-4, of the Art. 21):

The word of "crimes" shall be replaced with words 1) in Article 1 part one "criminal offenses";

The word to "crime" shall be replaced with words 2) in Article 6 part four "criminal offense";

35, Article parts four 40, Article parts seven 46, parts three of Article 154 and part six of Article 166 of the word "criminal procedure" shall be replaced with words 3) in Article part two "criminal procedural";

Shall be replaced with words 4) in part three of Article 43 of the word "from another criminal case" "in other criminal proceedings";

The word of "case" shall be replaced with words 5) in Article 57 part two "criminal proceedings";

Shall be replaced with words 6) in part two of Article 88 of the word "on one case" "in one criminal proceedings";

The text of Article 90 to state 7) in such edition:

"According to the procedure, established by the Criminal Procedure Code of Ukraine, the convict in case of need of implementation of investigative actions in criminal proceedings about the criminal offense made by other person or the same person for who it was not condemned or in connection with consideration of the case in court can be temporarily left in the pre-trial detention center or is transferred from the arestny house, correction center, disciplinary battalion or colony to the pre-trial detention center";

8) in Article 104 part one:

word in paragraph three "identifications, preventions and disclosures" shall be replaced with words "preventions and identifications";

the fifth after words "operational search activities" to add the paragraph with the words "or criminal proceedings";

Part the fifth Article 113 to state 9) in such edition:

"5. Correspondence which convicts address to the defender in criminal proceedings who performs the powers according to the Criminal Procedure Code of Ukraine is not subject to revision and is sent to the address for days since its giving. Correspondence which convicts receive from such defender is not subject to revision";

In paragraph five of Article 152 of the word of "criminal case" shall be replaced with words 10) "criminal proceedings".

3. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council, 1984, appendix to No. 51, the Art. 1122):

1) in part one of Article 15 of the word "concerning provision to body of inquiry, investigator" to exclude;

Part the fourth Article 38 to state 2) in such edition:

"In case of closing of criminal proceedings, but in the presence in actions of the violator of signs of administrative offense, administrative punishment can be imposed not later than in month from the date of decision making about closing of criminal proceedings";

The name and paragraph one of Article 185-4 to state 3) in such edition:

"Article 185-4. Malicious evasion of the witness, victim, expert, translator of appearance in bodies of pre-judicial investigation or the prosecutor

Malicious evasion of the witness, victim, expert, translator of appearance in bodies of pre-judicial investigation or the prosecutor";

4) in Article 185-5:

add the name with the word of "juror";

the paragraph one after words of "juryman" to add with the word of "juror", and shall be replaced with words the words "on it" "on them";

5) in Article 185-6:

state the name in such edition:

"Article 185-6. Rejection of measures for the separate court order or separate judge's ruling or protest, instruction or representation of the prosecutor";

the paragraph one of part two to state in such edition:

"Leaving by the official without consideration of protest, the instruction or representation of the prosecutor, and also untimely response to representation, protest or the instruction";

6) in Item 8 of Article 247 of the word of "violation on this fact of criminal case" shall be replaced with words "the message on suspicion of person of criminal proceedings on this fact";

Article 253 to state 7) in such edition:

"Article 253. Transfer of materials to the prosecutor, body of pre-judicial investigation

If when considering the case the body (official) comes to conclusion that in violation there are signs of criminal offense, it transfers materials to the prosecutor or body of pre-judicial investigation";

8) 8 parts one of Article 255 to state Item in such edition:

"8) investigator, prosecutor (Article part four 184, Article 185-4, part two of Article 185-6, to Article 185-8, 185-11)";

Article 263 to state 9) in such edition:

"Article 263. Terms of administrative detention

Administrative detention of person who made administrative offense can last no more than three hours.

Persons which broke boundary regime or the mode at check points through frontier of Ukraine can be detained for up to three hours for creation of the protocol, and in necessary cases for identification and clarification of circumstances of offense - up to three days with the notice on it in writing of the prosecutor during twenty four hours from the moment of detention.

Persons which violated rules of the address of drugs and psychotropic substances can be detained for up to three hours for creation of the protocol, and in necessary cases for identification, performing medical examination, clarification of circumstances of acquisition of the withdrawn drugs and psychotropic substances and their research, - up to three days with the message on it in writing of the prosecutor during twenty four hours from the moment of detention";

"The investigations or inquiries" to replace 10) in part two of Article 284 of the word with the word "investigations".

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

"Investigations or consideration of the case in court" shall be replaced with words 1) in Article 48 of the word "criminal proceedings";

Part the second articles 53 after words "the guilty person ranging from thirty" to add 2) with words of "free minima of the income of citizens";

Article 65 to add 3) with part five of such content:

"5. In case of approval by sentence of the conciliation agreement or about recognition of fault the court imposes the penalty approved by agreement parties";

4) in Article 75:

after part one to add with new part of such content:

"2. The court makes the decision on release from serving sentence with testing in case of approval of the conciliation agreement or on recognition of fault if agreement parties approve punishment in the form of corrective works, office restriction for the military personnel, restriction of freedom, imprisonment for the term of no more than five years, and also release from serving sentence is approved with testing".

With respect thereto second and third to consider parts respectively parts three and the fourth;

third to state part in such edition:

"3. In the cases provided by parts one, the second this Article, the court decides to exempt the imposed penalty condemned from serving if it during certain probation period does not commit new crime and will fulfill the duties assigned to it. Duration of probation period and obligation which are assigned to person exempted from serving sentence with testing are determined by court";

"Criminal procedure" shall be replaced with words 5) in part three of Article 91 of the word "Criminal procedural";

Part the sixth Article 369 to state 6) in such edition:

"6. Person who offered or bribed is exempted from criminal liability if concerning it extortion of bribe took place or if after bribery it voluntarily declared what occurred to the message to it about suspicion of crime execution of body which official is given the law the right to report about suspicion";

7) in Article 374:

word part one in paragraph one "person performing inquiry" to exclude;

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