The legislative act aims at realization of recomendations of the European Union regarding prevention and fighting organized crime in the part of clear separation of jurisdiction of criminal offenses among bodies of pre-trial investigation and restriction of powers of the Security Service of Ukraine by pre-trial investigation into criminal offenses regarding crimes in the field of national security and defense and related to terrorism.
The Law introduces amendments to article 216 of the Criminal Procedure Code of Ukraine that:
restrict the Security Service of Ukraine by powers concerning pre-trial investigation into crimes in the field of national security and defense and linked with terrorism (articles 109, 110, 110-2, 111, 112, 113, 114, 114-1, 201, 258–258-5, 265-1, 305, 328, 329, 330, 332-1, 359, 422 of the Criminal Code of Ukraine);
specify jurisdiction of offenses to bodies of the State Investigation Bureau having given them investigsative authorities regarding pre-trial investigation.
The Law provides caluse 1 of section IX "Transitional Provisions" in the following wording: "Until the date of enactment of provisions of the fourth part of article 216 of this Code the authority regarding pre-trial investigation shall be performed by public prosecution bodies that use powers of detectives foreseen by this Code, - concerning offeses foreseen in the fourth part of article 216 of this Code.
After enactment of provisions of the fourth part of article 216 of this Code criminal proceedings launched by detectives of public prosecution bodies shall be transferred within three months to respective bodies of pre-trial investigation depending on jurisdiction defined by this Code.
Until the date of enactment of the fifth part of article 216 of this Code authorities regarding pre-trial investigation into offenses foreseen by this part shall be performed by investigative bodies of public prosecution within investigative powers provided by this Code.
After enactment of the fifth part of article 216 of this Code materials of criminal proceedings performed by public prosecution bodies shall be transferred to detectives of prosecutor's office of the National Anti-Corrruption Bureau of Ukraine."
In compliance with the concluding provisions the Law shall take effect on the day following the day of its publication.
Criminal proceedings launched by detectives of bodies of the interior affairs, security and public prosecution before the date of enactment of this Law shall be transferred by detectives of the bodies to respective bodies of pre-trial investigation depending of jurisdiction defined by the Criminal Procedure Code of Ukraine.
Respective draft law was registered under No. 2542а.