The Verkhovna Rada of Ukraine adopted the law on improvement of procedure for seizure of property and special confiscation, which is part of the so-called «visa-free» package of laws necessary for visa liberalization for Ukrainian citizens by the European Union.
At the meeting on Thursday 18 February for the relevant presidential law No. 4054 «On amendments to the criminal and Criminal procedural codes of Ukraine to implement the recommendations contained in the sixth report of the European Commission on the status of implementation by Ukraine of the action plan on liberalization the EU visa regime for Ukraine on improving the procedure of arrest of property and special confiscation» voted 252 deputies.
This act introduced changes to the criminal code of Ukraine, according to which special confiscation is applied on the basis of: conviction of the court; the court’s determination about the release of a person from criminal responsibility; determination of the court on the application of compulsory medical measures; ruling on application of compulsory measures of an educational nature.
In cases when special confiscation is the property withdrawn from civil circulation, it can be applied on the basis of: definition of court about closing of criminal proceedings on other grounds than the release of a person from criminal responsibility; ruling, handed down in the ninth paragraph of article 100 of the Criminal procedure code of Ukraine, at the request of an investigator or Prosecutor, if the criminal proceedings are closed.
According to the law, money, valuables, including funds held in Bank accounts or deposited in banks or other financial institutions, other assets, subject to special confiscation from a third party, if it has purchased such property from a suspect, accused, person who is prosecuted for committing socially dangerous acts in the age of criminal responsibility or in a state of insanity, or other person free of charge, at market price or at a price above or below market value, and knew or should have and could have known, that such property meets any of the criteria established by law.
The law establishes that the seizure is temporary loss by order of the investigating judge or the court the right to alienate, dispose of and/or use of the property in respect of which there are a set of sufficient appropriate evidence for believing that it is evidence of a crime, it can be applied to special confiscation, and confiscation from legal persons, to ensure a civil lawsuit, sanctions from the legal person received an improper benefit, possible confiscation of property.
The law also established that in urgent cases and for the sole purpose of preserving evidence or provision of possible confiscation or special confiscation of property in criminal proceedings for serious or very serious offence by the decision of the Director of the National anticorruption Bureau of Ukraine (or his Deputy), agreed with the Prosecutor, may be subject to provisional seizure of property or funds on accounts of natural or legal persons in financial institutions. Such measures are applied for up to 48 hours. Immediately after making that decision, but not later than within 24 hours, the Prosecutor refers to the investigating judge with the petition for arrest of the property.
According to the law, a ban or restriction on the use and disposal of property can be applied only in cases where there are circumstances which confirm that their non-use would lead to concealment, damage, damage, disappearance, loss, destruction, use, transformation, moving, transfer of property. Prohibition on use of premises by persons who lawfully reside in such dwelling shall not be permitted.
The law shall enter into force on the day following the day of its publication.
Earlier today, the President of Ukraine Petro Poroshenko urged MPs to adopt the remaining laws necessary for visa-free regime with the EU. According to Poroshenko, in Brussels and other European capitals he personally «did everything for quick formalization of the decision on visa-free regime». «This formalization of the Commission will start tomorrow, if today you, the parliamentarians, would make the necessary laws», — he stressed.
The Verkhovna Rada adopted the law of the «visa package» on specefically 18.02.2016