Rada made the first step to «specefically» in the framework of the «visa package» of laws

The Verkhovna Rada today, on October 8, adopted the laws that allow the confiscation of property from persons suspected of serious crimes, even if the assets were to other people. After heated debates bill No. a the basis of the second attempt was supported by 232 deputies, and the associated bill number a was supported by 229 MPs.

Representatives of the Cabinet of Ministers emphasized that without the adoption of these government bills, the Ukrainians with biometric passports will not receive a visa-free regime with the EU.

BP plans to create a national Agency for the return of stolen assets
The MPs plan to extend specefically to all crimes
The VR adopted in the first reading the draft law on refinement of competence of bodies of a pretrial investigation

The head of the Verkhovna Rada Volodymyr Groysman stressed that the second reading will set up a joint working group with the participation of representatives of the Ministry of justice and with the involvement of European experts, which will finalize these bills.

The Minister of justice Pavel Petrenko said that the bill a «provides new mechanisms for our updated anti-corruption authorities specefication and arrest». According to him, are not true fears that were expressed in Committee and in the Parliament that «these laws allow no or sentencing court to hold specefication, and that these laws can sometimes be used to take away someone else’s property».

«Such provisions in these laws no. These laws enable law enforcement authorities in the investigation of criminal corruption cases to impose a lien on the property. For example, the state enterprise through a shell company displays in offshore funds, but no specific person involved at the beginning of the case, who ultimately own these funds, but the investigation there is reasonable evidence that these funds were withdrawn in violation of the procedure and were stolen. The investigator, according to these laws, will be eligible to apply for these funds only after the arrest of judgement, so that they were not reported on and are not lost to the Ukrainian state and the budget», — said Petrenko.

He recalled that, in accordance with the current legislation, a restraint order cannot be made because there is no specific suspect.

The Chairman of the Verkhovna Rada Committee on legislative support of law enforcement Andrei Kozhemyakin said that the Committee proposes to reject the bill.

He noted that Committee members «noted that the revision subject to the provisions of the bill, which, firstly, provides the opportunity to apply the seizure of property of any person, justifying it by the fact that it involves a criminal offence or a person who is suspected or accused of a crime, and, secondly, it introduces a simplified procedure of seizure of property on the basis of any data which indicate the existence of such property in the possession, use or disposal».

This bill proposes to amend the criminal procedure code of Ukraine in articles 170 – 173, 236, 2971 of the code of criminal procedure, namely to provide the possibility to seize the property of any persons, if it can be used as evidence in criminal proceedings, or in relation to him may be applied the special confiscation.

They are allowed to provide compensation for damage caused by a criminal offence, and the penalty to the state undue advantage that is obtained or can be obtained by a legal entity; to unify the list of objects that may be seized; to establish the different degrees of evidence of the relevant circumstances for the seizure of property, depending on its purpose; to provide the opportunity to delineate the concept of «the amount of damage caused by a criminal offence» and «the amount of a civil claim».

The bill reduces on the proposal of the investigator, the Prosecutor or the civil plaintiff, the time needed to correct the deficiencies of the petition about the seizure of property; to specify the procedural status of the property seized during the search; to provide for the possibility of implementation of special pre-trial investigation in respect of the other, except as provided in article 297-1 of the CCP’s crimes, provided that they are investigated in the same criminal proceedings, and the allocation of materials in respect of them may adversely affect the completeness of a pretrial investigation and trial.

As stated in the explanatory Memorandum, this bill is necessary to perform the second phase of the action Plan on liberalization the EU, in particular, for the introduction of a visa-free regime with the EU.

The MPs plan to extend specefically to all crimes

According to the Minister of justice Pavel Petrenko, the question of specefically must be applied to an intentional crime, not just corruption. «Why individuals who have committed serious premeditated crimes related to separatism, infringement of territorial integrity should avoid specefically?», — he said and added that the draft law regulates this issue.

Thus, the Penal code to establish that the special confiscation consists in the forced gratuitous seizure by court order in the state ownership of money, valuables and other property in cases stipulated by this Code, provided the committing of any crime or socially dangerous act containing signs of a crime under the Special part of this Code, regardless of whether such a measure under criminal law in article sanctions (sanction part of the article) of the Special part of this Code.

Today in criminal proceedings, special confiscation is applied exclusively for active and passive bribery (articles 354, 368, 368-3, 368-4, 369 of the Criminal code, abuse of authority (articles 364, 364-1, 365-2 of the criminal code), illicit enrichment (article 368-2 of the criminal code) and abuse of influence (article 369-2 of the criminal code).

In the Special part of the Code involves, in particular, about crimes against bases of national security of Ukraine; against life and health; against freedom, honor and dignity; against the electoral, labour and other personal rights and freedom of man and citizen; against property; in the sphere of economic activity; against the environment; crimes in the sphere of protection of state secrets, inviolability of state borders, conscription and mobilization; crimes against justice and crimes of war, against peace, security of mankind and international legal order.

Bill No. a is determined that money, valuables and other property mentioned in article about cases of application of special confiscation passed by the person who committed the crime or a socially dangerous act containing signs of a crime under the present Code, another person or entity, subject to special confiscation, if the person receiving the property knew or should have known that such property derived as a result of the Commission of any crime or socially dangerous act containing signs of a crime under the Special part of this Code, regardless of is there such a measure under criminal law in article sanctions (sanction part of the article) of the Special part of this Code.

Special confiscation will not apply in case the person commits reckless crime.

In the Civil code it is established that a bona fide acquirer cannot be a person who acquired the property and knew or, based on the circumstances of the acquisition, should have known that such property derived as a result of the offence and/or is proceeds of such property; was intended (used) for declination of a person to commit an offence, financing and/or material support crimes or reward for its Commission; has been the subject of a crime; was found, manufactured, adapted or used as means or instrument to commit crimes.

Under the bill, the person may be applied to the deprivation of the right of ownership of the property by a court decision for Commission of offences (confiscation) and (or) special confiscation in cases established by law.

The confiscated property becomes the property of the state free of charge. Scope and procedure of confiscation of property and (or) special confiscation shall be established by law.

The VR adopted in the first reading the draft law on refinement of competence of bodies of a pretrial investigation

The Verkhovna Rada adopted in first reading the draft Law «On amendments to the criminal procedure code of Ukraine 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» the decision voted 256 of 318 deputies registered in the session hall.

As stated in Parliament by the Minister of justice, «this law, we solved the three recommendations of the last monitoring report, First and foremost – the European Commission recommends that we should remove the duplication in the investigative jurisdiction of our law enforcement agencies, the second is to eliminate the so-called alternative jurisdiction in the investigation of crimes against terrorism, passing them on solely the investigation of the SBU, and, third, to limit the SBU’s powers for investigation of relevant offences, only those relating to national security and terrorism,» — said Petrenko.

In turn, the Chairman of the Verkhovna Rada Committee on legislative support of law enforcement Andrei Kozhemyakin said that this bill extends «the investigative competence of the bodies carrying out control over receipt of taxes».

According to him, the state Bureau of investigation is assigned to the competence for the investigation of certain categories of crimes related to public administration.

The bill amends the criminal procedure code of Ukraine.

It is assumed, in particular, to restrict the security Service of Ukraine is vested in the pre-trial investigation of crimes in the sphere of national security and defense and terrorism (arts. 109, 110, 1102, 111, 112, 113, 114, 1141, 201, 258-2585, 2651, 305, 328, 329, 330, 3321, 359, 422 the Criminal code of Ukraine).

The project is proposed to secure for the investigators, exercising control over the observance of tax legislation, the right to carry out pre-trial investigation of crimes under articles 205 «Fictitious entrepreneurship» and 2051 «Forgery of documents submitted for the state registration of legal entities and physical persons-entrepreneurs» the Criminal code of Ukraine.
This liaison Affairs investigators of these bodies will be able to carry out pre-trial investigation assignment, waste of property or a taking to them by abuse of official position, as well as the manufacture, possession, acquisition, transport, transfer, import to Ukraine with the aim of using while selling goods, selling or distribution of counterfeit money, government securities, state lottery tickets, excise stamps or holographic security elements (article 191, 199 Criminal code of Ukraine).

In the explanatory note to the bill States that its adoption will ensure that the recommendations of the European Union on preventing and combating organized crime in terms of a clear delineation of investigative jurisdiction of criminal offenses between the pre-trial investigation authorities and limitations of authority of security service of Ukraine on pre-trial investigation of criminal offenses solely by the implementation of criminal proceedings in respect of offences in the sphere of national security and defense and terrorism, which in turn will bring Ukraine closer to the simplification of the EU visa regime for Ukrainian citizens.




Rada made the first step to «specefically» in the framework of the «visa package» of laws 08.10.2015

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