LAW OF UKRAINE

of November 10, 2015 No. 770-VIII

About introduction of amendments to the Criminal code of Ukraine concerning enhancement of institute of special confiscation for the purpose of elimination of corruption risks in case of its application

The Verkhovna Rada of Ukraine decides:

1. Bring in the Criminal code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 25-26, of the Art. 131) the following changes:

The text of Article 96-1 to state 1) in the following edition:

"1. Special confiscation - forced uncompensated taking by a court decision in property of the state of money, values, including the means which are on bank accounts or stored in banks or other financial institutions, other property, including property of the third parties, in the cases determined by this Code, for crime execution, provided by Articles 146-150-1, 152-156, 190-192, 198, of 201, 209-212-1, 222, of 233, 255-260, 301-320, 354, 361-365-2, 368-369-2 of this Code";

2) in Article 96-2:

the fourth to state part in the following edition:

"4. Or acquired the money, values, including the means which are on bank accounts or stored in banks or other financial institutions, other property, specified in this Article, given by person who committed the crime provided by this Code to the third party who received at the suspect, the person accused or the convict the property received in the criminal way in the cases provided by part one of Article 96-1 of this Code is free or in exchange for the amount, is much lower than market value, either knew or owed know that the purpose of such transfer - avoidance of confiscation or special confiscation, are subject to special confiscation.

Above-mentioned data concerning the third party shall be established judicially based on sufficiency of proofs.

Special confiscation cannot be applied to property which is in property of the fair acquirer";

add with part six of the following content:

"6. Special confiscation is not applied in case of crime committing by person on imprudence";

3) in Article 201:

in the paragraph the second to exclude parts one of the word "with confiscation of objects of smuggling";

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