17 November 2010, 11:00
The Convention establishes a well-functioning system of international co-operation to pursue a common criminal policy aimed at the protection of society.
The Law ratifies the Convention with the remarks expressed to article 53 of the Convention, and articles 3, 9, 17, 24, 31, 33, 35, 42, 46 and 47.
Amendments and remarks are conditioned by the applicable legislation of Ukraine.
Application of paragraph 6 of article 9 of the Convention, whereby each Party shall ensure that a conviction for money laundering under this Article is possible where it is proved that the property, the object of paragraph 1.a or b of this article, originated from a predicate offence, without it being necessary to establish precisely which offence, is denied due to the constitutional provisions of Ukraine.
Paragraph 2 of article 24 of the Convention, whereby the requested Party shall be bound by the findings as to the facts in so far as they are stated in a conviction or judicial decision of the requesting Party or in so far as such conviction or judicial decision is implicitly based on them, shall be legally binding in Ukraine, provided the constitutional provisions and fundamentals of the legal system are observed.
According to the remark concerning article 47 of the Convention, financial intelligence units of the Parties shall carry out financial monitoring to the extent consistent with the principles of its domestic law.
Central bodies are responsible for international cooperation between the authorized Parties in the investigation and trial of cases related to the confiscation of the proceeds. In Ukraine, the following central bodies assumed the authorities: the Ministry of Justice (re trial in the cases on confiscation) and the General Prosecution (re proceedings during the investigation of criminal cases).
The financial intelligence unit in Ukraine is the central executive body in charge of the financial monitoring.
Section 1 of the Convention reads that each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate instrumentalities and proceeds or property the value of which corresponds to such proceeds and laundered property. Parties may provide for mandatory confiscation in respect of offences which are subject to the confiscation regime. Parties may in particular include in this provision the offences of money laundering, drug trafficking, trafficking in human beings and any other serious offence.
Each Party shall adopt such legislative or other measures as may be necessary to require that, in respect of a serious offence or offences as defined by national law, an offender demonstrates the origin of alleged proceeds or other property liable to confiscation to the extent that such a requirement is consistent with the principles of its domestic law.
According to Section 2, each Party shall adopt such legislative and other measures as may be necessary to establish an FIU as defined in this Convention. Financial intelligence unit means a central, national agency responsible for receiving (and, as permitted, requesting), analysing and disseminating to the competent authorities, disclosures of financial information.
Chapter IV consists of seven sections. Section 1 sets the general principles and measures for international co-operation.
According to Section 2, the Parties shall afford each other, upon request, the widest possible measure of assistance in the identification and tracing of instrumentalities, proceeds and other property liable to confiscation. Such assistance shall include any measure providing and securing evidence as to the existence, location or movement, nature, legal status or value of the aforementioned property.
At the request of another Party which has instituted criminal proceedings or proceedings for the purpose of confiscation, a Party shall take the necessary provisional measures, such as freezing or seizing, to prevent any dealing in, transfer or disposal of property which, at a later stage, may be the subject of a request for confiscation or which might be such as to satisfy the request.
The procedures for obtaining and enforcing the confiscation under Article 23 shall be governed by the law of the requested Party.
Section 5 sets the grounds partial or conditional granting of a request.
Under Section 6, the Parties shall afford each other the widest measure of mutual assistance in the serving of judicial documents to persons affected by provisional measures and confiscation.
Under Chapter V, Parties shall ensure that FIUs, as defined in this Convention, shall cooperate for the purpose of combating money laundering, to assemble and analyse, or, if appropriate, investigate within the FIU relevant information on any fact which might be an indication of money laundering in accordance with their national powers.
Chapter VI sets the monitoring mechanism and settlement of disputes. Chapter VII contains final provisions.
The draft was registered under Reg. No. 0186.