LAW OF UKRAINE

of November 10, 2015 No. 772-VIII

About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes

This Law determines legal and organizational basis of functioning of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes.

Section I General provisions

Article 1. Determinations of terms

1. In this Law the following basic concepts are used:

1) assets - means, property, property and other rights on which it can be seized or imposed in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state or which are confiscated by a court decision in criminal proceedings or are collected by a court decision in the income of the state owing to recognition their unreasonable;

2) identification of assets - activities for factual determination of existence of assets which it can be seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state;

2-1) identification of asset - complex of the actions directed to establishment of characteristics and features of asset for the purpose of determination of possibility of implementation of effective management to them and preserving its economic cost;

2-2) approximate management plan asset document which is developed by the National agency of Ukraine concerning identification of search and asset management, received from corruption and other crimes, before the publication of the announcement of selection of the managing director of asset and contain the detailed list of actions for ensuring effective management of asset taking into account its features;

2-3) asset pool - set of two and more assets which constitute single property complex or are difficult thing, or are connected as the main thing and accessory, or are connected by the general functional purpose providing their complete use and are transferred to the control to the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, within one criminal proceedings;

3) search of assets - activities for determination of the location of assets which it can be seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state;

4) asset management - activities for ownership, use and the order of assets which it is seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state and the issue of their transfer to the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, that is ensuring safety of assets, preserving (whenever possible - increase) their economic cost, their transfer to management or realization of assets in the cases and procedure provided by this Law and also realization of the assets confiscated in criminal proceedings or collected by a court decision in the income of the state owing to recognition their unreasonable is resolved.

2. Other terms are used in this Law in the following values:

the term "electronic trading system" - in the value given in the Law of Ukraine "About privatization of the state-owned and utility property";

the term "electronic purchasing system" - in the value given in the Law of Ukraine "About public purchases";

the terms "real conflict of interest", "potential conflict of interest", "private interest", "close persons" - in the values given in the Law of Ukraine "About prevention of corruption";

the term "cultural values" - in the value given in the Law of Ukraine "About export, import and return of cultural values";

the term "connected persons" - in the value given in the Law of Ukraine "About public purchases".

Article 2-1. Guarantees of independence of the National agency

1. Guarantees of independence of the National agency of influence or intervention in its activities are:

1) special status of the National agency;

2) special procedure for selection, appointment and termination of powers of the Chairman of the National agency, his deputies;

3) the procedure for financing and material logistics of the National agency established by the law;

4) transparency of activities of the National agency;

5) the fact that acts of the National agency cannot be repealed completely or in separate part by the Cabinet of Ministers of Ukraine;

6) other guarantees determined by this Law.

2. The chairman of the National agency, his deputies and employees of the National agency during execution of the obligations assigned to them are public agents, act on behalf of the state and are under its protection.

3. Use of the National agency in party, group or private interests is not allowed. Activities of political parties in the National agency are forbidden.

4. Illegal intervention of state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, their official and officials, political parties, public associations, other persons in activities of the National agency on accomplishment of the obligations assigned to it is forbidden.

Any written or oral instructions, requirements, orders sent to the National agency or its workers concerning powers of the National agency, but not stipulated by the legislation, are illegal and are not subject to execution. In case of receipt of such specifying, the requirement, the order the employee of the National agency instantly informs on it in writing the Chairman of the National agency.

Article 2. The status of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes

1. The national agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes (further - the National agency) is the central executive body with the special status which provides forming and realization of state policy in the field of identification and search of assets which it can be seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state, and/or on asset management, which it is seized in criminal proceedings in the case of recognition unreasonable assets and their collection in the income of the state or which are confiscated in criminal proceedings or are collected by a court decision in the income of the state owing to recognition their unreasonable.

2. The national agency within, determined by it and other laws, is accountable to the Verkhovna Rada of Ukraine, under control and responsible before the Cabinet of Ministers of Ukraine.

3. The national agency is formed by the Cabinet of Ministers of Ukraine according to the Constitution of Ukraine, it and other laws of Ukraine.

Questions of activities of the National agency in the Cabinet of Ministers of Ukraine are represented by the Chairman of the National agency.

4. The legal basis of activities of the National agency is constituted by the Constitution of Ukraine, the international agreements which consent to be bound is provided by the Verkhovna Rada of Ukraine, this and other laws of Ukraine, and also other regulatory legal acts accepted according to them.

5. The law of Ukraine "About the central executive bodies", other laws regulating activities of executive bodies, and also the Law of Ukraine "About public service" are applied to the National agency and its workers in the part which is not contradicting this Law.

6. The national agency consists of central office and territorial administrations.

7. The national agency is legal entity of the public law.

Article 3. Chairman of the National agency

1. Management of activities of the National agency is performed by its Chairman. The chairman of the National agency is appointed to position by the Cabinet of Ministers of Ukraine for a period of five years. The same person cannot hold this position more than one term in a row.

2. The citizen of Ukraine having the higher legal or economic education on degree not below the specialist (master), years of service of professional activity in at least five years, work experience on executive positions in public authorities at the companies, in organizations, the organizations irrespective of pattern of ownership can be at least three years the chairman of the National agency, is fluent in state language and knows foreign language which is one of official languages of the Council of Europe, is virtuous and competent, is capable on the business and moral qualities, educational and professional level to carry out the corresponding service duties.

3. To position of the Chairman of the National agency there cannot be nominated person which:

1) does not conform to the requirements established by part two of this Article;

2) it is by a court decision acknowledged incapacitated or capacity to act of which is limited;

The criminal record for making of criminal offense has 3) if such criminal record is not extinguished or is not removed in the procedure established by the law;

4) was attracted based on the conviction which took legal effect to criminal liability for making of the corruption criminal offense or criminal offense connected with corruption;

5) it is deprived of the right according to the court verdict which took legal effect to be engaged in the activities connected with accomplishment of functions of the state or local self-government or to hold certain positions - during effective period of such restriction;

On 6) for which making of administrative offense penalty in the form of deprivation of the right to hold certain positions or to be engaged in the certain activities connected with accomplishment of functions of the state or local self-government - during effective period of such restriction is imposed;

7) is member of political party, the organization prohibited by the law or court;

8) did not undergo the special testing provided by the Law of Ukraine "About prevention of corruption" or did not provide consent to its carrying out;

9) has debt on payment of the alimony for content of the child which cumulative size exceeds the amount of the corresponding payments in six months from the date of presentation of the executive document to forced execution;

10) did not submit the declaration of person authorized on accomplishment of functions of the state or local self-government provided by the Law of Ukraine "About prevention of corruption" for last year;

Nationality (citizenship) of other state has 11);

12) within two years before filing of application about participation in tender on holding the post of the Chairman of the National agency was part of governing body of political party or was in employment or other contractual relations with political party.

4. Powers of the Chairman of the National agency stop in connection with its dismissal or death.

The chairman of the National agency leaves from position in case:

1) expiration of its powers;

2) submission of the written application about the termination of powers at own will;

3) appointment or election to other position from its consent;

4) achievement of 65-year age;

5) impossibility to perform the powers for health reasons according to the conclusion of the medical commission created according to the decision of specially authorized central executive body realizing state policy in the field of health care;

6) the introduction in legal force the judgment about recognition its incapacitated or about restriction of his capacity to act, or about its recognition is unknown absent or the announcement his dead;

7) introductions in legal force of conviction of court concerning it in connection with crime execution or criminal offense or the introduction in legal force of the judgment about attraction it to the administrative responsibility which on face puts collection in the form of deprivation of the right to hold certain positions or to be engaged in the certain activities connected with accomplishment of functions of the state or local self-government;

8) the termination of citizenship of Ukraine, acquisition of nationality (citizenship) of other state or departure on permanent residence out of limits of Ukraine;

9) violation of restrictions concerning combining jobs and combination with other types of activity provided by the Law of Ukraine "About prevention of corruption" that is established by the judgment which took legal effect;

10) availability of the conclusion of external independent estimation (audit) of efficiency of activities of the National agency according to article 12 of this Law on inefficiency of activities of the National agency or about improper execution of obligations by the Chairman of the National agency;

11) availability of debt on payment of the alimony for content of the child which cumulative amount exceeds the amount of the corresponding payments in six months from the date of presentation of the executive document to forced execution;

12) introductions in legal force of the judgment about recognition of its assets or assets acquired according to its order by other persons or in other cases, stipulated in Article 290 Codes of civil procedure of Ukraine, unreasonable and their penalties in the income of the state;

13) failure to carry out of the instruction of the National agency by it concerning prevention of corruption on settlement of conflicting interests if such instruction establishes availability of real or potential conflict of interest which has permanent nature and cannot be settled by different way, except as deprivation of private interest or dismissal.

5. The chairman of the National agency cannot be dismissed by the Cabinet of Ministers of Ukraine, and the decision of the Cabinet of Ministers of Ukraine on its appointment cannot be cancelled by the Cabinet of Ministers of Ukraine on other bases, than provided by part four of this Article.

6. The chairman of the National agency can be discharged of position only on the bases and according to the procedure, the established Criminal Procedure Code of Ukraine.

7. In case of the termination of powers of the Chairman of the National agency all its powers determined by the law the vice-chairman of the National agency about day of appointment of the Chairman of the National agency according to the procedure performs, the stipulated in Clause 6 these Laws.

In case of discharge of the Chairman of the National agency from position all its powers determined by the law are performed by one of his deputies.

The decision on determination of the vice-chairman of the National agency to whom temporary accomplishment of powers of the Chairman of the National agency in the cases provided by this part is assigned is accepted by the Cabinet of Ministers of Ukraine.

Article 4. Appointment of the Chairman of the National agency

1. The chairman of the National agency is appointed to position by the Cabinet of Ministers of Ukraine on representation of the Prime Minister of Ukraine brought according to the offer of tender committee on selection of the candidate for position of the Chairman of the National agency.

Article 5. Tender committee on selection of the candidate for position of the Chairman of the National agency

1. Selection of the candidate for position of the Chairman of the National agency is performed by tender committee which decision on forming is made by the Cabinet of Ministers of Ukraine.

2. The tender committee performs the organization and carrying out tender according to this Law.

3. Tender committee are included:

three persons determined by the Cabinet of Ministers of Ukraine;

three persons determined by the Cabinet of Ministers of Ukraine based on proposals of partners in development which according to the international or interstate agreements within the last three years about day of completion of term of office of the Chairman of the National agency or about day of early termination of its powers (release) gave to Ukraine the international technical assistance in spheres of prevention or anti-corruption, reforming of law enforcement bodies, identifications, search and asset management received from corruption and other crimes.

The central executive body providing coordination of attraction, use and monitoring of the international technical assistance provided to Ukraine based on international treaties determines the list of the corresponding partners in development not later than three months about day of completion of term of office of the Chairman of the National agency or within three working days from the date of early termination of its powers according to the procedure, established by this Law.

The specified partners in development approve the offer of the general candidate list in structure of tender committee as a part of at least three people.

The decision on members of tender committee is made by the Cabinet of Ministers of Ukraine at open session.

4. Person having the higher education, faultless goodwill, high professional and moral qualities necessary for proper execution of powers of the member of tender committee can be the member of tender committee, corresponds to the criterion of respectability determined by part two of article 6 of this Law.

Cannot be the member of tender committee person who:

1) it is by a court decision acknowledged incapacitated or capacity to act of which is limited;

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