LAW OF UKRAINE

of February 18, 2016 No. 1019-VIII

About modification in Criminal and Criminal procedural codes of Ukraine concerning accomplishment of the recommendations containing in the sixth report of the European commission on accomplishment of the Action plan by Ukraine on liberalization of visa regime by the European Union for Ukraine concerning enhancement of the procedure of seizure of property and institute of special confiscation

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following 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):

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

"1. Special confiscation consists in forced uncompensated taking by a court decision in property of the state of money, values and other property in the cases determined by this Code on condition of making of the intentional crime or socially dangerous act falling under signs of the act provided by the Special part of this Code for which primary punishment in the form of imprisonment or penalty more than three thousand free minima of the income of citizens is prescribed and also provided by Article part one 150, Article 154, parts two and third Article 159-1, Article part one 190, Article 192, part one of Articles 204, 209-1, 210, parts one and the second Article 212, 212-1, part one of Article 222, of 229, 239-1, 239-2, part two of Article 244, Article part one 248, of 249, parts one and the second Article 300, Article part one 301, of 302, of 310, of 311, of 313, of 318, of 319, of 362, Article 363, part one of Article 363-1, 364-1, 365-2 of this Code.

2. Special confiscation is applied on the basis:

1) conviction of court;

2) determinations of court about release of person from criminal liability;

3) determinations of court about application of enforcement powers of medical nature;

4) determinations of court about application of enforcement powers of educational nature.

3. In cases when subject to special confiscation is the property withdrawn from civil circulation, it can be applied on the basis:

1) determinations of court about the termination of criminal proceedings on other bases, than release of person from criminal liability;

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