08 October 2015, 13:10
The draft law aims to implement recommendations of the European Union touching the prevention of organized crime and fight against it to the extent of precise separation of jurisdiction of crimes between pretrial investigation bodies and limitation of authorities of the Security Service of Ukraine in pretrial investigation into crimes through criminal proceedings on crimes in the fields of national security and defense related to terrorism.
The draft law offers to amend Articles 216 of Chapter X "Final provisions" and Chapter XI "Transitional provisions" of the Criminal Procedure Code of Ukraine (hereinafter CPC), to:
— limit authorities of the Security Service of Ukraine to conduct pretrial investigation into crimes in the fields of national security and defense and ones linked to 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 Penal Code of Ukraine (hereinafter PC));
— amplify jurisdiction of crimes to bodies of State Investigation Bureau through authorization of their investigators to conduct pretrial investigation into the crimes:
1) committed by officials occupying particularly responsible positions in compliance with Section 1 of Article 9 of the Law of Ukraine "On state service," by persons, whose positions are listed in the first-third categories of positions of state servants, judges, prosecutors and employees of law enforcement officers, except when pretrial investigation into those crimes is of competence of the National Anticorruption Bureau of Ukraine in compliance with Section 5 of this Article;
2) committed by officials of the National Anticorruption Bureau of Ukraine, prosecutors of the Specialized Anticorruption Prosecutor's Office, except when pretrial investigation into the crimes is of competence of subdivision for internal controls of the National Anticorruption Bureau of Ukraine in compliance with Section 5 of this Article;
3) envisioned by Article 333 of the Penal Code of Ukraine;
4) against authority of state government bodies, local self-government bodies, citizens' associations, against journalists and justice, except for the cases envisioned by Articles 354 (touching employees of legal entities of the public law), 359, 383, 384, 385, 389, 390, 391, 392, 393, 394, 395, 396 of the PC;
5) in the field of use of computers, systems and computer networks;
6) in the field of official and professional activities related to provision of public services, except when pretrial investigation into those crimes is of competence of the National Anticorruption Bureau of Ukraine in compliance with Section 5 of this Article;
7) against the set order of doing military service (military crimes), except for cases envisioned by Article 422 of the PC;
8) against peace, human safety and international legal order.
Besides, the draft law offers to allow investigation bodies engaged in tax law observance control to provide pretrial investigation into crimes envisioned by Articles 205 "Fake entrepreneurship" and 2051 "Forgery of documents submitted to state legal entities and individual entrepreneurs register" of the PC.
The amendments to Chapter XI "transitional Provisions" of the CPC are offered to envision that the pretrial investigation into crimes is conducted by investigators of interior affairs bodies, prosecutor's office bodies and security bodies until the State Investigation Bureau of Ukraine starts its work.
Respective draft law was registered under No. 2542а.