LAW OF UKRAINE

of May 12, 2016 No. 1355-VIII

About modification of some legal acts of Ukraine concerning activities of the Prosecutor General's Office of Ukraine

The Verkhovna Rada of Ukraine decides:

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

1. In the Section XI "Transitional provisions" of the Criminal Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2013, Art. No. No. 9-13, 88):

to state paragraph two of Item 1 in the following edition:

"After enforcement of provisions of part four of article 216 of this Code the criminal proceedings created by investigators of bodies of prosecutor's office continue to be performed by investigators of bodies of prosecutor's office who use the powers of investigators determined by this Code before the end of pre-judicial investigation, but no more than two years. After the expiration of two-year term the criminal proceedings created by investigators of bodies of prosecutor's office are transferred to three-months time to investigating bodies of the State bureau of investigations";

add with Item 20-1 of the following content:

"20-1. Temporarily, till April 15, 2017, Chapter 24-1 provisions of "Feature of special pre-judicial investigation of criminal offenses" are applied with such features:

special pre-judicial investigation is performed based on the resolution of the investigative judge in criminal proceedings concerning the crimes provided by Articles 109, of 110, 110-2, 111, of 112, of 113, of 114, 114-1, 115, parts two - the fifth Article 191 (in case of abuse of the official of the official position), Articles 209, of 258, 258-1, 258-2, 258-3, 258-4, 258-5, 348, of 364, of 365, of 368, 368-2, 379, of 400, of 436, 436-1, 437, of 438, of 439, of 440, of 441, of 442, of 443, of 444, of 446, 447 Criminal codes of Ukraine, concerning the suspect, except the minor who disappears from investigation authorities and court for the purpose of evasion from criminal liability and is put on the interstate and/or international wanted list, or more than six months disappears from investigation authorities and court for the purpose of evasion from criminal liability and/or concerning which there are actual data that it is outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation. Implementation of special pre-judicial investigation concerning other crimes is not allowed, except cases when crimes are committed by persons who disappear from investigation authorities and court for the purpose of evasion from criminal liability and are put on the interstate and/or international wanted list which more than six months disappearing from investigation authorities and court for the purpose of evasion from criminal liability and/or concerning which there are actual data that they are outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation, and they are investigated in one criminal proceedings with the crimes specified in this paragraph, and release of materials on them can negatively affect completeness of pre-judicial investigation and legal proceedings.

Provisions of part five of article 139 of this Code in case of making of the crimes determined in the paragraph the second this Item extend also to persons who disappear more than six months from investigation authorities and court for the purpose of evasion from criminal liability and/or concerning whom there are actual data that they are outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation.

In the petition of the investigator, prosecutor for conducting special pre-judicial investigation actual data about stay of person outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation shall be specified also. The investigative judge can refuse satisfaction of such petition if the investigator, the prosecutor does not prove that the suspect disappears from investigation authorities and court for the purpose of evasion from criminal liability and concerning it there are actual data about stay outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation. The repeated address with the petition for conducting special pre-judicial investigation in one criminal proceedings is not allowed to the investigative judge, except availability of new circumstances which confirm that the suspect disappears from investigation authorities and court for the purpose of evasion from criminal liability and concerning it there are actual data about stay outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation.

Legal proceedings in criminal proceedings concerning the crimes specified in part two of Article 297-1 of this Code, and also in this Item can be performed in the absence of the person accused (in absentia), except the minor who disappears from investigation authorities and court for the purpose of evasion from criminal liability (special legal proceedings) and are put on the interstate and/or international wanted list or which disappears more than six months from investigation authorities and court for the purpose of evasion from criminal liability and/or concerning which there are actual data that it is outside Ukraine, in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation".

2. In the Law of Ukraine "About prosecutor's office" (Sheets of the Verkhovna Rada of Ukraine, 2015, Art. No. 2-3, 12, No. 6, the Art. 40, No. 17, the Art. 118, No. 34, Art. 336; 2016, No. 11, Art. 128):

1) the first offer of part three of Article 8 to state in the following edition:

"3. In structure of the Prosecutor General's Office of Ukraine departments, managements, departments, and also General inspectorate are formed";

Part one of Article 9 to add 2) with Item 9-1 of the following content:

"9-1) on representation to General inspectorate directs materials to the State bureau of investigations";

3) in Article 27:

in part two of the word "having length of service as the prosecutor at least three years" shall be replaced with words "which has length of service in the field of the right at least three years";

in the first offer of part three of the word "having length of service as the prosecutor at least five years" shall be replaced with words "which has length of service in the field of the right at least five years";

Part third of Article 40 to state 4) in the following edition:

"3. Can be appointed the citizen of Ukraine who to position of the Attorney-General of Ukraine:

1) at least five years have the higher education and length of service in the field of the right or work experience in legislative and/or law enforcement agency;

2) knows state language;

3) has high moral and business, professional qualities and managerials ability;

4) and concerning which there are no circumstances provided by part six of article 27 of this Law";

In paragraph three of Item 1 of the Section XII "Final provisions" of figure "2016" to replace 5) with figures "2017";

The Section XIII "Transitional provisions" to add 6) with Item 5-2 of the following content:

"5-2. Temporarily, till April 15, 2017, appointment of the prosecutor to the managerial position provided by Items 2 - 8, 11 parts one of article 39 of this Law, are performed by the Attorney-General of Ukraine. At the same time appointment of the prosecutor to managerial position, stipulated in Item 2 parts one of article 39 of this Law, is performed for term of office of the Attorney-General of Ukraine".

3. Item 2 of the Section II "Final provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning inevitability of punishment of persons disappearing in temporarily occupied territory of Ukraine or around conducting anti-terrorist operation" (2015, No. 10, the Art. 61) to declare sheets of the Verkhovna Rada of Ukraine invalid.

4. Paragraph two of item 4 of the Section VI "Final and transitional provisions" of the Law of Ukraine "About the State bureau of investigations" (2016, No. 6, the Art. 55) to add sheets of the Verkhovna Rada of Ukraine with the offer of the following content: "Criminal proceedings which prior to activities of the State bureau of investigations are begun by investigators of bodies of prosecutor's office and are at stage of pre-judicial investigation, continue to be performed by investigators of bodies of prosecutor's office before the end of pre-judicial investigation, but no more than two years".

II. The law becomes effective from the date of its publication.

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