The Verkhovna Rada of Ukraine today, November 10, continued its consideration of the package of laws on liberalization of visa regime with the European Union. In the present Parliament, Prime Minister Arseniy Yatsenyuk and members of the Cabinet of Ministers.
In addition, the Parliament decided to work without a break, which, according to the regulations, should be from 12.00 to 12.30. For this decision voted 277 of 373 MPs registered in the session hall.
The law on investigative jurisdiction
Today the Rada adopted the law «On amendments to the criminal and Civil procedure codes of Ukraine concerning improvement of the Institute of special confiscation with a view to eliminating corruption risks in its application» (No. a). For this law voted 272 of 374 people’s deputies.
The Chairman of the Verkhovna Rada Committee on legislative support of law enforcement Andriy Kozhemyakin at the meeting of the Parliament said that the Cabinet proposed rule on dissemination of specefically to all crimes does not meet the EU requirements.
According to him, the EU Directive provides that specefically should concern only certain crimes — corruption offences, offences related to money laundering, terrorism, crimes in the sphere of illegal turnover of drugs and others.
He noted that the government offered the use of specefically to third parties.
Kozhemyakin noted that while article 6 of the EU Directive clearly States that the third person at least should have known that the purpose of the transfer of property was to avoid confiscation, based on concrete facts and circumstances, including the transfer or acquisition was carried out free of charge, or in exchange for an amount significantly below market value.
The Deputy reported that during preparation for the second reading of the bill had received 96 amendments from deputies, and the Committee considered 20 proposals.
Kozhemyakin reported that on 9 November on behalf of the Chairman of the Verkhovna Rada Volodymyr Groysman held a meeting of the Committee. The results of this meeting prepared a comparative table to the bill, and there are two amendments, one of which is technical — change the title of the project.
He noted that along with the legal management of BP will be finalized edits on the adopted law.
The law on investigative jurisdiction
Rada adopted government’s law on the amendments to the criminal procedure code regarding the implementation of the recommendations of the European Union on the implementation by Ukraine of the action plan on liberalization the EU visa regime for Ukraine regarding clarification of the investigative jurisdiction of pre-trial investigation (No. a). For this decision voted 325 deputies out of 378 registered in the session hall.
As noted by the Chairman of the Verkhovna Rada Committee on legislative support of law enforcement Andriy Kozhemyakin, the law is technical. In particular, they proposed to limit the powers of the security Service for the implementation of pre-trial investigation of crimes, leaving only the crime on national security and terrorism-related charges.
In addition, jurisdiction over specified crimes to the authorities of the State Bureau of investigation — they are given the right to investigate crimes that were previously untried the Ministry of internal Affairs and SBU, he added.
The law, in particular, provides that investigators of the State Bureau of investigation is carried out pre-trial investigation of crimes committed by officials who occupy especially responsible position according to article 9 of the Law “On civil service” and persons whose positions were classified as first to third categories of positions of state servants, judges and law enforcement personnel, except in cases where pre-trial investigation of these crimes attributed to the investigative jurisdiction of the National anticorruption Bureau of Ukraine in accordance with part five of this article.
Also we are talking about crimes committed by officials of the National anti-corruption Bureau, Deputy attorney General – head of the Specialized anti-corruption Prosecutor’s office or other prosecutors, Specialised anti-corruption Prosecutor’s office, except in cases where pre-trial investigation of these crimes attributed to the investigative jurisdiction of investigators of the internal control of the National anti-corruption Bureau in accordance with part five of this article. In addition, it is crimes against the established order of military service (military crimes), except for the crimes provided for by article 422 of the Criminal code of Ukraine.
Until the day of enforcement of the provisions of part four of article 216 of this Code the authority on pre-trial investigation carry out the investigation the prosecution authorities who use the powers of investigators defined by this Code, in respect of crimes, envisaged by part four of article 216 of this Code.
After the introduction of the provisions of part four of article 216 of this Code criminal proceedings initiated by investigators of bodies of Prosecutor’s office, within three months are sent by the investigators of these organs to the relevant body of pre-trial investigation with consideration of the investigative jurisdiction determined by this Code.
Until the day of the enactment of part five of article 216 of this Code the authority on pre-trial investigation under its crimes by procuratorial investigators who use the powers of investigators defined by this Code.
After the introduction in action of part five of article 216 of this Code, materials of criminal proceedings, pre-trial investigation by the prosecutors, transferred by investigators of bodies of Prosecutor’s office of the National anti-corruption Bureau of Ukraine.
This Law shall enter into force on the day following the day of its publication.
Criminal proceedings initiated by investigators of bodies of internal Affairs, security and Prosecutor’s office before the date of entry into force of this Law, within three months, investigators sent by these bodies to the relevant bodies of pre-trial investigation with regard to the investigative jurisdiction, the specific Criminal procedural code of Ukraine.
Earlier, the President of the European Commission Jean-Claude Juncker in his letter to the President of Ukraine Petro Poroshenko warned that no anti-corruption laws, which are included in this package, Ukraine will not be able to count on the abolition of visas.
We will remind, on 5 November, the Parliament supported 4 «visa-free» initiative: «On refugees and persons requiring additional or temporary protection», «On amendments to some legislative acts of Ukraine on improvement of the judicial protection of foreigners and persons without citizenship and the settlement of certain issues associated with combating illegal migration» (on first reading), the draft new Labour code of Ukraine (on first reading) and «On external labor migration».
Antikorruptsionnye Rada adopted the laws of «visa-free» package 10.11.2015