Draft submitted Parliament - Legislationline...Annexes 2 - 9: The Laws passed on 16 January 2014, and related laws and documents Annex 2: Law of Ukraine on amending the Law of Ukraine

Annexes 2 - 9: The Laws passed on 16 January 2014, and related laws and documents

Annex 2: Law of Ukraine on amending the Law of Ukraine on the judicial system and the

status of judges, as well as procedural laws concerning additional measures to protect the safety of

citizens

Draft

submitted

by members of Ukrainian

Parliament

V.V. Kolesnichenko

(ID # )

V.M. Oliynyk

(ID # )

LAW OF UKRAINE

On amending the Law of Ukraine on the judicial system and the status of

judges, as well as procedural laws concerning additional measures to

protect the safety of citizens

Verkhovna Rada of Ukraine rules:

І. On making amendments to the following legislative acts of Ukraine:

1. Code of administrative offences of Ukraine (Bulletin of Verkhovna Rada of

UkrSSR, 1984, Attachment No. 51, p. 1122):

1) add part five to Article 122 as follows:

"Movement of an operator of a vehicle in a motorcade of over five vehicles

where the movement terms and procedure have not been coordinated with an

appropriate road traffic safety division of the Ministry of Interior of Ukraine,

thus, creating hindrances to the road traffic, -

Shall be subject to penalty in the amount of forty to fifty minimum non-taxable

incomes of citizens, or deprivation of the right to operate vehicles for the period

of one to two years, including a seizure of vehicle from its owner, or without

such seizure.";

2) Article 126:

Revise paragraph two of part two as follows:

"shall be subject to penalty in the amount of fifty to one hundred minimum non-

taxable incomes of citizens, including requited seizure of vehicle from its owner,

or without such seizure.";

Revise paragraph two of part three as follows:

"subject to penalty in the amount of fifty to one hundred and fifty minimum

non-taxable incomes of citizens, including a requited seizure of vehicle from its

owner, or without such seizure.";

3) Article 164:

Part One:

Add “as well as business activities of an information agency having no state

registration, upon termination of its activities, or in case of evasion of re-

registration, if legal grounds for this exist” after the words "(except where the

principle of implied consent applies),";

In paragraph two replace "from twenty to one hundred" with "from six hundred

to one thousand ";

In paragraph two replace "from one hundred to five hundred" with "from one

thousand to two thousand";

4) Article 1851:

Revise part one as follows:

"Violation of the established procedure for organization or holding of meetings,

rallies, street processions and demonstrations by their participant, including in

the proximity to government agencies, local self-government authorities,

institutions, enterprises, organizations, residence or other property of citizens, -

Shall be subject to penalty in the amount of one hundred to two hundred

minimum non-taxable incomes of citizens or administrative arrest for up to ten

days.";

In paragraph two, part two, replace "from twenty to one hundred" with "from

two hundred and fifty to five hundred";

Add parts three and four to this Article as follows:

"Participation in meetings, street procession, demonstration or other public

events using a mask, helmet or other means or types of camouflage to prevent

identification, or possession by a person participating in such event of open fire,

pyrotechnic means (illumination, signaling, simulation), weapons, special self-

defense means charged with tear-gas or irritating substances, explosive of

flammable substances, specifically customized or pre-fabricated items for

unlawful actions, as well as participation in such event wearing a uniform

similar or appearing to be similar to uniforms of law enforcement officers or

military servicemen, unless authorized by interior authorities, -

Shall be subject to penalty in the amount of one hundred and fifty to two

hundred and fifty minimum non-taxable incomes of citizens or administrative

arrest for up to fifteen days.

Installation, unless authorized by interior authorities, of structures, tents or other

minor architectural works, items or structures that may be used as a stage, or

sound amplification equipment for or during meetings, street processions or

demonstrations, -

Shall be subject to penalty in the amount of two hundred and fifty to three

hundred minimum non-taxable incomes of citizens or administrative arrest for

up to fifteen days";

5) Article 1852:

Delete “by officials”;

Revise paragraph two as follows:

"subject to penalty in the amount of three hundred to six hundred minimum non-

taxable incomes of citizens or administrative arrest for up to ten days.";

6) Revise paragraph two, part one, Article 1853

as follows:

" subject to penalty in the amount of twenty to three hundred minimum non-

taxable incomes of citizens or administrative arrest for up to fifteen days.";

7) In paragraph two, part one, Article 1856 replace "from twenty to fifty" with

"from eighty to one hundred";

8) Article 1858:

In paragraph two, part one, replace "from twenty to forty" with "from seventy to

one hundred";

Add part three as follows:

"If actions provided for in part one of this Article recur within one year upon

imposition of administrative charges, -

they will be subject to penalty in the amount of one hundred and twenty to one

hundred and fifty minimum non-taxable incomes of citizens.";

9) Article 1887:

after "postal communications and radio frequency resource of Ukraine" add "or

decisions concerning the limitation or renewal of access of telecommunications

operators’ subscribers to Internet resources,";

In paragraph two, replace "from one hundred to three hundred" with "from two

hundred to four hundred";

10) Delete “and technical” in Article 18831

;

11) add Article 18843

as follows:

"Article 18843

. Failure to follow legitimate demands of Ukrainian Security

Service officers

Failure to follow legitimate demands of Ukrainian Security Service officers, as

well as impeding them from performing their duties, -

Shall be subject to imposition of penalty on officials in the amount of fifty to

one hundred minimum non-taxable incomes of citizens.

Similar action, if they recur within one year upon imposition of administrative

charges for the violation specified in part one of this Article, -

Shall be subject to penalty on officials in the amount of one hundred to one

hundred and fifty minimum non-taxable incomes of citizens.";

12) Article 221:

Replace (words and numbers) "part four, Article 122" with (words and numbers)

"parts four and five, Article 122";

After the word and number "Article 124" add words and numbers "parts one and

three of Article 126";

After the numbers "18841

" add numbers "18843

";

13) Article 222:

In part one, replace "Article 1241 – 126" with words and numbers "Article 124

1,

125, part one, Article 126";

In par. 2 of part two delete the following words and numbers "by parts two and

three, Article 126";

14) Revise part two of Article 254 as follows:

"An administrative offence report, if such is issued, shall be issued in two copies,

with one copy to be delivered to a person subject to administrative liability.

Such delivery of the report concerning an administrative offence shall be

acknowledged by a hand receipt, and in case the person refuses to sign, it shall

be supported by explanation of witnesses to such refusal and delivery of the

report, or by video recording of these facts.";

15) Article 255:

par. 1:

in the paragraph "interior authorities": replace the words and numbers "parts three and four, Article 122" with the

words and numbers "parts four and five, Article 122";

after the words and numbers "Article 124" add the words and numbers "parts

three and four, Article 126";

in the paragraph "Security Service of Ukraine’s agencies":

after the word and numbers "Article 1724 – 172

9" add numbers "188

43";

words and number "except par. 9 of part one" replace with the words and

numbers "except the offences related to the failure to follow the standards and

requirements of classified information encryption for protection purposes

resulting in the actual risk of breach of its confidentiality, integrity and

accessibility";

in the paragraph "of the State Service of special communications and protection

of information of Ukraine’ agencies" replace the words and numbers "par. 9,

part one, Article 2122" with words and numbers "par. 9, part one, Article 212

2

(except for the offences involving failure to meet the standards and requirements

of classified information encryption for protection purposes resulting in the

actual risk of breach of its confidentiality, integrity and accessibility)"; In par. 2 replace the numbers "185

1, 186

5" with the words and numbers "parts

one and two, Article 1851, Article 186

5";

Delete par. 71;

16) Revise sentence one in part three, Article 256, as follows:

"In case the person, subject to administrative liability, refuses to sign a report,

this fact shall be recorded by including explanation of witness of such refusal or

an appropriate comment in the report.";

17) in part four, Article 258, replace the words "this report" with "If a report is

issued, it";

18) Part one, Article 2652 after the numbers "121

1" add the following words and

numbers "part five, Article 122";

19) Add part three to Article 2772 as follows:

"An appropriate confirmation of notification of a person concerning the venue

and the time when the case is to be considered (receipt of summons by a person

or making him/her aware otherwise) shall be a person’s signature upon delivery

of the summons, including on the mail notification, or a video recording of the

summons delivery, or any other data confirming the fact of the summons

delivery to a person or making the person aware of its content.". 2. In the Criminal Code of Ukraine (Bulletin of Verkhovna Rada of Ukraine,

2001, No. 25-26, p. 131):

1) Article 109:

Revise paragraph two, part two, as follows:

"shall be sentenced to the restraint of liberty for up to five years or deprivation

of liberty for a similar period.";

Revise paragraph two of part three as follows:

"shall be sentenced to the deprivation of liberty for three to seven years.";

2) Add Articles 1101, 151

1 as follows:

"Article 1101. Extremist activities

1. Fabrication, storage for trading purposes or distribution of extremist materials,

including via mass media, Internet, social networks, use or demonstration of

extremist materials in front of public gatherings, including meetings, street

processions or demonstrations, making statements or calls of extremist nature in

public, as well as funding of subject actions or other contribution into their

organization or implementation, including through provision of financial

services, monetary resources, real estate, educational, printing or infrastructure

facilities, telephone, facsimile or other types of communications where no

elements of a more severe offence exist , -

Shall be subject to penalty in the amount of two hundred to eight hundred

minimum non-taxable incomes of citizens, including confiscation of the

extremist materials.

2. Similar actions, if recurrent -

Shall be punished by penalty in the amount of one to three thousand minimum

non-taxable incomes of citizens, or restraint of liberty for a period of up to three

years, or deprivation of liberty for a similar period, including confiscation of

extremist materials

Note: the extremist materials should be understood as documents for the purpose

of publication on paper, electronic or any other media containing information of

extremist nature, i.e. if they call, substantiate or justify the need to plan,

organize, incite, prepare or implement actions for the purpose of violent change

of the government or overthrow of the constitutional system, offences against

territorial integrity, inviolability, sovereignty of the state, violent seizure or

retention of power or official powers, illegitimate intervention into activities or

impediment to legal activities of public agencies, local self-government

authorities and other public entities, election commissions, non-government

organizations, their officers or officials, call, substantiate or justify the need to

excite social, racial, national, ethnic, language or religious enmity and hatred,

mass riots, disturbances of public order, violence and acts of vandalism

motivated by social, racial, national, ethnic, language or religious enmity and

hatred, breech of the rights, freedoms and legitimate interests of persons,

including direct or indirect limitation of rights or establishment of direct or

indirect privileges of a person and citizen based on race, skin color, political,

religious or other beliefs, sex, ethnic and social origin, property status, place of

residence, language or other factors, propagation of exclusivity, superiority or

inferiority of a person (social group) based on their social, racial, national,

ethnic, language or religious status or attitude to religion."

Article 1511. Slander

1. Slander, i.e. intentional dissemination of untrue statements damaging to the

honor and dignity of another person, -

shall be punished by penalty in the amount of up to fifty minimum non-taxable

incomes of citizens or community service for up to two hundred hours, or

correctional work for up to one year.

2. Slander in a publicly demonstrated in mass media or on the Internet writing,

as well as committed by a person having been convicted for slander in the past, -

shall be punished by penalty in the amount of fifty to three hundred minimum

non-taxable incomes of citizens, or community service for one hundred and fifty

to two hundred and forty hours, or correctional work for up to one year.

3. Slander in conjunction with the allegation of having committed a grave

offense or felony, -

shall be punished by correctional work for one to two years, or restraint of

liberty for up to two years;

3) Article 162:

In part one, after the words "visual inspection or search", add "blocking of

access thereto";

In part two:

After the words "committed by an official" add the words "by a group of

persons";

In paragraph two replace the word “five” with the word "six";

4) Article 194:

revise paragraph two of part one as follows:

" shall be punished by penalty in the amount of one hundred to one hundred and

fifty minimum non-taxable incomes of citizens or community service for two

hundred to two hundred and forty hours, or correctional work for one two years,

or restraint of liberty for up to four years, or deprivation of liberty for a similar

period."

In paragraph two, part two, replace the word “three” with the word “five”;

5) revise paragraph two, Article 279, as follows:

"shall be punished by penalty in the amount of one hundred and fifty to two

hundred and fifty minimum non-taxable incomes of citizens or arrest for up to

six months, or deprivation of liberty for up to two years.";

6) revise paragraph two, Article 293 as follows:

"shall be punished by penalty in the amount of one hundred and fifty to two

hundred and fifty minimum non-taxable incomes of citizens, or arrest for up to

six months, or deprivation of liberty for up to two years.";

7) In paragraph two, part one of Article 294, replace the word “eight” with the

word “ten”;

8) Article 295:

After the words "seizure of buildings or structures" add the words "blocking of

access to residences, buildings, structures or other property of persons,

enterprises, entities or organizations,";

revise paragraph two as follows:

"shall be punished by restraint of liberty for up to five years or deprivation of

liberty for two to six years.";

9) Article 296:

In paragraph two, part two, replace the words " deprivation of liberty for up to

four years" with the words " deprivation of liberty for up to five years ";

In paragraph two part three replace the word "five" with the word "six";

10) Article 341:

revise paragraph two of part one as follows:

"shall be punished by the restraint of liberty for three to five years or deprivation

of liberty for three to six years.";

Add part two as follows:

"2. Blocking of buildings or structures supporting activities of public agencies,

local self-government authorities or public associations in order to hinder

regular operation of enterprises, entities and organizations -

shall be punished by the restraint of liberty for up to five years or deprivation of

liberty for a similar period.";

in connection with the incorporation of part two, add numbering (1) to part one;

11) Article 342:

revise paragraph two of part two as follows:

"shall be punished by penalty in the amount of two to five hundred minimum

non-taxable incomes of citizens, or arrest for three to six months, or restraint of

liberty for up to five years or deprivation of liberty for two to six years.";

revise paragraph two of part three as follows:

"shall be punished by deprivation of liberty for three to seven years.";

12) Article 343:

revise part one as follows:

"1. Illegal collection, storage, use, disposal, distribution of confidential

information concerning a law enforcement officer, employee of the State

Enforcement Service, their close relatives or family members, distribution of

materials or information of apparently slanderous nature and demonstration of

impudent disrespect of a law enforcement officer or employee of the State

Enforcement Service, pressure, intimidation or influence of any other form on a

law enforcement officer or employee of the State Enforcement Service with the

purpose of revenge, impediment to their performance of duties or in order to

obtain an unlawful decision, or public calls or distribution of materials

containing the calls to commit such actions, -

shall be punished by penalty in the amount of two hundred to four hundred

minimum non-taxable incomes of citizens, or correctional work for up to one

year, or arrest for up to six months.";

in paragraph two part two after the words "for a period of up to four years" add

the words "or deprivation of liberty for a period of up to three years";

13) Article 345:

In part one:

After the words "close relatives" add the words "or family members";


"shall be punished by deprivation of liberty for a period of three to seven years.;

In part two:

Replace the words "of an agency, or his/her close relatives" with the words " of

an agency, his/her close relatives or family members";


"shall be punished by the restraint of liberty for a period of two to five years or

deprivation of liberty for a period of two to six years.";

In part three replace the words “of an agency or his/her close relatives" with the

words "of an agency, his/her close relatives or family members";

14) in part one of Article 347:

replace the words “of an agency or his/her close relatives" with the words " of

an agency, his/her close relatives or family members";


"shall be punished by arrest for a period of up to six months or deprivation of

liberty for a period of up to five years.";

15) Article 348:

replace the words “of an agency or his/her close relatives" with the words " of

an agency, his/her close relatives or family members ";

in paragraph two replace the word "nine" with the word "eight";

16) In Article 349 replace the words “of an agency or his/her close relatives"

with the words "of an agency, his/her close relatives or family members ";

17) add Articles 3613, 361

4 and 362

1 as follows:

"Article 3613. An unauthorized interference in the operation of state electronic

information resources or information, telecommunications, information and

telecommunications systems, critical national information infrastructure

facilities

1. An unauthorized interference in the operation of state electronic information

resources or information, telecommunications, information and

telecommunications systems, critical national information infrastructure

facilities resulting in the leakage, loss, forgery, blocking of information,

distortion of information processing procedure or violation of existing routing

process, -

shall be punished by deprivation of liberty for a period of two to five years

including divestment of the right to hold certain positions or engage in certain

activities for a period of up to three years, as well as confiscation of software

and hardware equipment involved in the unauthorized interference owned by a

guilty person.

2. Similar actions, if recurrent or carried out by a group of persons engaged in

prior conspiracy, or if a significant damage has been caused by them, -

shall be punished by deprivation of liberty for a period of three to six years,


activities for a period of up to three years, as well as confiscation of software

and hardware involved in the unauthorized interference owned by a guilty

person.

Note. in Articles 3613 and 362

1 of this Code a critical national information

infrastructure facility should be understood as a facility having at least one

information (automated), telecommunications or information and

telecommunications system, where impediment to its operation may result in a

man-made emergency or may affect the environmental safety of the state; or it

may affect energy security of the state; or it may affect the economic security of

the state, or disrupt sustainable operation of banking and financial systems of the

state; or disrupt sustainable operation of transport infrastructure of the state;

block operation or destroy enterprises that are strategically important for the

economy and security of the state, life sustaining systems and higher risk

facilities; block activities of public authorities or local self-government; disrupt

sustainable operation of information or telecommunications infrastructure of the

state, including its cooperation with the appropriate infrastructures of other

countries; block activities of military forces of other entities in the sector of

national security and defense, military command components, Armed forces of

Ukraine on the whole, weapons control systems; result in mass disturbances;

disclosure of the state secret.

Article 3614. Unauthorized trade or distribution of restricted information which

is processed within the state electronic information resources

1. The unauthorized trade or distribution of restricted information which is

processed within the state electronic information resources, -

shall be punished by deprivation of liberty for a period of two to four years

including the confiscation of software or hardware involved in such

unauthorized trade or distribution of the subject information, as owned by a

guilty person.

2. Similar actions, if recurrent or involving prior conspiracy of a group of

persons, if causing significant damage, -

shall be punished by deprivation of liberty for a period of three to six years,

including the confiscation of software or hardware equipment involved in such

unauthorized trade or distribution of subject information, as owned by a guilty

person.

Article 3621. Unauthorized handling of information which is processed in the

state electronic information resources or information, telecommunications and

information telecommunications systems of critical national information

infrastructure entities by a person having the right of access thereto

1. The unauthorized adjustment, destruction or blocking of information which is

processed in the state electronic information resources or information,

telecommunications and information telecommunications systems of critical

national information infrastructure entities committed by a person having the

right of access thereto, -

shall be punished by deprivation of liberty for a period of two to five years,


activities for a period of up to three years, as well as confiscation of software or

hardware involved in such unauthorized interference, as owned by a guilty

person.

2. The unauthorized interception or copying of information which is processed

in the state electronic information resources or information, telecommunications

and information telecommunications systems of critical national information

infrastructure entities, if resulting in its leakage, committed by a person having

the right of access to such information, -

shall be punished by deprivation of liberty for a period of three to six years



hardware equipment involved in such unauthorized interference, as owned by a

guilty person.

3. The actions specified in parts one and two of this Article, if recurrent or

involving prior conspiracy of a group of persons, if causing significant damage,

-

shall be punished by deprivation of liberty for a period of five to seven years,



hardware equipment involved in such unauthorized interference, as owned by a

guilty person.";

18) Article 376:

Revise part one as follows:

"1. The unauthorized collection, storage, use, disposal and distribution of

confidential information concerning a judge, his/her close relatives or family

members, distribution of materials or information of an apparently slanderous

character and demonstrating impudent disrespect of a judge or justice, pressure,

intimidation or interference of any other form with activities of a judge with the

purpose of revenge, impediment to performance by the judge of his/her official

duties or in order to have an illegal decision rendered, or public calls or

distribution of materials containing the calls to commit such actions, -

shall be punished by penalty in the amount of three hundred to five hundred

minimum non-taxable incomes of citizens or correctional work for a period of

up to two years, or arrest for a period of up to six months, or by deprivation of

liberty for a period of up to two years."

In paragraph two, part two, replace the word "three" with the word "four";

19) Article 377:

In part one:

After the words "close relatives" add the words "or family members";


"shall be punished by arrest for a period of up to six months, or restraint of

liberty for a period of up to three years, or by deprivation of liberty for a period

of up to four years.";

In parts two and three replace the words "to a juror or their close relatives» with

the words «to a juror, their close relatives or members of the family";

revise paragraph two of part two as follows:

"shall be punished by deprivation of liberty for a period of three to seven

years."; 20) In part one of Article 378 replace the words "to a juror or their close

relatives» with the words "to a juror, their close relatives or family members’;

21) In Article 379 replace the words "to a juror or their close relatives» with the

words "to a juror, their close relatives or family members’;

22) In Article 380 replace the words "family members and their close relatives"

with the words «their close relatives or family members";

23) Article 382:

In part one:

After the words "have come into effect" add the words "or shall be subject to

immediate execution";

In paragraph two replace the words "up to three" with the words "from two to

four";

In paragraph two of part two replace the words "up to five" with the words

"from two to five ".

3. In part four of Article 74 of the Economic Procedure Code of Ukraine

(Bulletin of Verkhovna Rada of Ukraine, 1992, No. 6, p. 56 including further

changes):

Incorporate the word “by this” after the words "contempt of the court shall be

decided" in sentence three;

Add the following wording:

"The ruling concerning the liability for contempt of the court rendered without

issuing an administrative offense report and containing the information specified

in Article 283 of the Code of administrative offences of Ukraine shall be

deemed final and subject to no challenge. If the court renders a ruling involving

imposition of administrative charges in the form of penalty, the enforcement of

such ruling will be monitored by appropriate agencies responsible for income

and fees related issues".

4. In the Civil Procedure Code of Ukraine (Bulletin of Verkhovna Rada of

Ukraine, 2004, Nos. 40-42, p. 492):

1) in part three of Article 162:




"A ruling concerning the liability for contempt of the court rendered without






and fees related issues";

2) add the following sentence to part one of Article 292:

"Ruling of the court concerning the finding having a legal significance may be

challenged by a person believing that the subject ruling affects his/her rights and

interests.";

3) add part three to Article 294 as follows:

"3. The person that did not participate in the case may appeal against the ruling

of the court concerning the finding having a legal significance within one month

upon the date when such person becomes aware of the subject ruling.";


"3. Where the cases concerning the finding having a legal significance are

concerned, the ruling of court of first instance after it was appealed against, the

decision and ruling of court of appeals resulting from the appeals process may

be challenged by the person believing that the subject decision (ruling) affects

his/her rights and interests.";


"3. Where the cases concerning the finding having a legal significance are

concerned, the person that did not participate in the case may file a cassation

claim within one month upon the date when such person becomes aware of the

a court decision in the case that this person intends to challenge.".

5. In the Code of Administrative Procedure of Ukraine (Bulletin of Verkhovna

Rada of Ukraine, 2005, Nos. 35-37, p. 446):

1) In part two of Article 134:








imposition of an administrative charges in the form of penalty, the enforcement

of such ruling will be monitored by appropriate agencies responsible for

income and fees related issues.";

2) add the following sentence to part three of Article 169:

"The court determination concerning the incorporation of corrections into the

judgment subject to immediate enforcement shall come into force at the time it

is declared. However, it may be challenged following a general procedure.";

3) Article 182:

Revise part two as follows:

"2. The claim received after the date of completion of events described in part

one of this Article will not be considered.";

In part four replace the words "three days upon instigation of proceedings, in

case such proceedings have been instigated" with the words "twenty four hours

upon the receipt of the claim, and if such claim has been received";

Add the following paragraph to part seven:

"In case of complexity of the case the court may postpone the issuance of the

ruling in full scope according to part three of Article 160 of this Code. In this

case copies of the court ruling consisting of an introductory part and a summary

and being subject to immediate enforcement shall be delivered to the persons

that participated in the case.".

6. In the Tax Code of Ukraine (Bulletin of Verkhovna Rada of Ukraine, 2011 р.,

Nos. 13-17, p. 112):

1) In par. 1.1. of Article 1, replace the word "in particular" with the words

"including in other areas as well";

2) In par. 14.1. Article 14, add the following bullet point 14.1.371 wording:

"14.1.371. A public association performing the functions of a foreign agent

means a public association receiving monetary contributions or assets in support

of its operation from foreign countries, their public authorities, non-government

organizations from other countries, international non-government organizations,

foreign nationals, stateless persons or their authorized representatives receiving

monetary contributions or other assets from subject sources, as well as involving

in political activities in Ukraine, including in the interest of foreign sources.";

3) Article 157:

par. 157.1., “d”, after the words "according to the standards as set forth in the

relevant laws", add the words "except public associations performing the

functions of a foreign agent";

in par. 157.11., after the words "paragraphs 157.2-157.9 of this Article" add the

words "or if a non-profit organization is a public association performing the

functions of a foreign agent".

7. In the Criminal Procedure Code of Ukraine (Bulletin of Verkhovna Rada of

Ukraine, 2013 р., Nos. 9-10, p. 88):

1) In part six of Article 36, after the words "their first deputies and deputies "

add the words "heads of headquarters, offices and their deputies ";

2) In part two of Article 216, add numbers "1101", "361

3, 361

4, 362

1" in

chronological order;

3) In part four of Article 330:

Sentence two after the words "contempt of the court" add the word "by this";








and fees related issues.";

4) par. 1, part one of Article 477, after the words and numbers "by Article 145

(illegitimate disclosure of patient confidentiality)," add the following words and

numbers "by Article 1511 (slander),";

8. Par. 13, part one of Article 10 of the Law of Ukraine on police (Bulletin of

Verkhovna Rada of UkrSSR, 1991, No. 4, p. 20 including further changes) add

the following wording:

"According to the procedure established by the Cabinet of Ministers of Ukraine,

issue permits for the use of uniforms identical or similar to the uniforms worn

by law enforcement officers or military servicemen during public events, as well

as for the installation of structures, tents or other minor architectural works,

items or structures that may be used as a stage, or sound amplification

equipment in support of gatherings, rallies or street processions or

demonstrations". 9. Part ten of Article 5, Law of Ukraine on the freedom of worship and religious

organizations (Bulletin of Verkhovna Rada of UkrSSR, 1991, No. 25, p. 283),

add the following sentence:

"Religious organizations are forbidden to engage in extremist activities".

10. In the Law of Ukraine on prosecutor office (Bulletin of Verkhovna Rada of

Ukraine, 1991 р., No. 53, p. 793, including further changes) add part right to

Article 361 as follows:

"The prosecutor, where he/she substantiates the need to protect interests of the

state, may also represent the interests of the state in court through lodging

claims (requests and motions) in order to remove hindrances to the exercise of

the right to use public and community property or the property of public

associations.".

11. In the Law of Ukraine on Security Service of Ukraine (Bulletin of

Verkhovna Rada of Ukraine, 1992, No. 27, p. 382, including further changes):

1) Article 24, add paragraphs 71 – 7

18 as follows:

"71) develop the procedures and requirements concerning the technical

protection of the information comprising the state secret, as well as restricted

information in information, telecommunications and information and

telecommunications systems;

72) issue and register licenses for business activities in the area of technical

protection of information in accordance with the law, introduce the issuance

procedure and issue to public authorities authorizations for technical protection

of information for their internal needs, as well as introduce the procedure and

monitor the compliance with licensing terms and work requirements for internal

needs;

73) organize and coordinate jointly with a central executive authority in the area

of standardization, metrology the efforts related to certification of information

technical protection means, manage and implement the state evaluation process

in the area of technical protection of information;

74) carry out technical regulation in the area of technical protection of

information, manage and implement conformance evaluation, duly develop

standards, technical regulations, specifications;

75) engage, within its competences, in coordination of issues related to the

accommodation of diplomatic representative offices and consulates in Ukraine;

76) introduce the procedure and ensure the state monitoring of the condition of

technical protection of information owned by the state, or restricted information

which requires to be protected by law, existing at public authorities, Verkhovna

Rada of Autonomous Republic of Crimea, Council of ministers of Autonomous

Republic of Crimea, local self-government, military forces, at enterprises,

institutions and organizations of any forms of ownership, including at foreign

diplomatic institutions of Ukraine, as well as venues of provisional or permanent

stay of the President of Ukraine, Chair of Verkhovna Rada of Ukraine and

Prime-minister of Ukraine, as well as during operation of foreign inspection

groups in Ukraine in accordance with international treaties of Ukraine, where

the Verkhovna Rada of Ukraine has given its consent to the binding nature of

such treaties;

77) issue certificates of conformance of comprehensive information protection

systems for the information, telecommunications and information and

telecommunications systems used to process information comprising the state

secret and restricted information, with the documents related to the technical

protection of information;

78) establish the procedure and implement the state monitoring of compliance

with the requirements of operation of comprehensive information protection

systems that have passed the state evaluation process and have a conformance

certificate;

79) develop and support technical intelligence models by collection and analysis

of information concerning the existing technical intelligence systems and means,

tactics and methods of their application, as well as development prospects;

provide recommendations to public authorities, local self-government, military

forces, enterprises, institutions and organizations in the area of countering

technical intelligence, risk assessment and appropriate measures of technical

protection of information;

710

) provide guidelines and coordinate activities of public authorities, local self-

government, military forces, enterprises, institutions and organizations of any

forms of ownership in the area of technical protection of information;

711

) in part of technical protection of information, coordinate projects relating to

the development of information, telecommunications and information and

telecommunications systems for the purpose of processing information owned

by the state or restricted information required to be protected by law, carry out

their expert evaluation and determine possibilities for their commissioning;

712

) coordinate and monitor execution of TOR’s for the design, construction and

re-construction of especially critical facilities, development of military and

special equipment, the process of operation or application of which involves

collection, processing, transfer or receipt of information owned by the state or

restricted information required to be protected by law;

713

) endorse draft normative and legal acts related to the protection of technical

information owned by the state or restricted information required to be protected

by law, as well as the issues related to the requirements concerning international

transfers of technical information protection means, in particular, such as

contained in weaponry, military and special equipment;

714

) introduce the procedure and requirements relating to technical information

protection applicable to the use of information, telecommunications and

information and telecommunications systems, including its general use, use by

public authorities, local self-government, military forces, enterprises, institutions

and organizations of any forms of ownership involved in the collection,

processing, storage and transfer of information owned by the state or restricted

information required to be protected by law;

715

) develop and administer the implementation of scientific and scientific and

technical programs in the area of technical protection of information;

716

) administer and implement jointly with a central executive authority in the

area of education and science scientific instructional management of staff

training processes in the area of technical protection of information;

717

) coordinate international transfers of the means supporting technical

protection of information, in particular those contained in weaponry, military

and special equipment;

718

) introduce procedures for the state monitoring of compliance with legal

requirements in the area of rendering services relating to digital signature, as

well as the technical status of information owned by the state or restricted

information required to be protected by law, and also in the course of operation

of foreign inspection groups in Ukraine in accordance with international treaties

of Ukraine.";

2) Part one of Article 25: add paragraphs 21 – 2

9 as follows:

"21) suspend or terminate, according to the established procedure, the licenses

for business activities in the area of technical protection of information, as well

as permits for the efforts related to technical protection of information for own

needs of public authorities;

22) According to the Law of Ukraine on fundamental principles of state

supervision (monitoring) in the area of business activities, carry out regular and

random checks of compliance with licensing terms for business activities in the

area of technical protection of information at enterprises, institutions and

organizations, as well as requirements to the work related to technical protection

of information for internal needs of public authorities;

23) suspend or terminate, according to the established procedure, the conformity

certificates for comprehensive information protection systems within the

information, telecommunications and information and telecommunications

systems;

24) involve professionals from public authorities, local self-government, military

forces, at enterprises, institutions and organizations of any forms of ownership at

the consent of their supervisors, in the consideration of issues within their

competence, as well as joint inspections;

25) access, according to the established procedure, of authorized representatives

to information facilities, as well as information, telecommunications and

information and telecommunications systems of public authorities, local self-

government, military forces, enterprises, institutions and organizations of any

forms of ownership subject to state monitoring of technical protection of

information owned by the state or restricted information, protection of which is

required by law;

26) provide contractual assistance to enterprises, institutions and organizations of

any forms of ownership in the area of development and implementation of

measures related to the protection of information resources within information,

telecommunications and information and telecommunications systems, as well

as technical protection of information;

27) carry out regular and random checks of technical protection of information

owned by the state or restricted information, protection of which is required by

law at public agencies, local self-government, military forces, enterprises,

institutions and organizations of any forms of ownership, including foreign

diplomatic institutions in Ukraine;

28) raise, according to the established procedure, the issue of termination of

information activities by information facilities or the ones that use information,

telecommunications and information and telecommunications systems at public

agencies, local self-government, military forces, at enterprises, institutions and

organizations of any forms of ownership, if they violate legal requirements to

technical protection of information;

29) engage in international cooperation within the area of its competence,

develop proposals concerning the implementation of appropriate international

agreements of Ukraine, and interact, according to international agreements of

Ukraine, with international organizations to prevent violation of information

security and technical protection of information in information,

telecommunications and information and telecommunications systems.".

12. In the Law of Ukraine on the state protection of court personnel and law

enforcement agencies (Bulletin of Verkhovna Rada of Ukraine, 1994, No. 11, p.

50; 1999, No. 4, p. 35; 2002, No. 33, p. 236; 2003, No. 29, p. 233; 2004, No. 22,

p. 314; 2005, No. 25, p. 335; 2006, No. 14, p. 116; 2009, No. 36—37, p. 511;

2012, No. 7, p. 53, including amendments made by laws of Ukraine of 13 April

2012 No. 4652-VI and of 16 October 2012, No. 5463-VI):

1) revise the title of the law as follows:

"On the state protection of judges, court staff and law enforcement personnel ";

2) revise Article 1 as follows:

"Article 1. Objective of the Law

This Law establishes the system of special measures related to the state

protection of judges, court staff and law enforcement personnel from obstruction

of justice, execution of their responsibilities vested therein by law, exercise of

their rights, as well as infringements in connection with their official activities

on life, health, residence and property of subject persons, their close relatives

and family members.";

3) revise part 2, Article 2, as follows:

"2. Close relatives and family members that are subject to protection according

to this Law include a husband, wife, father, mother, stepfather, stepmother, son,

daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother,

grandson, granddaughter, great grandson, great granddaughter, person under

guardianship or care, as well as persons living together, sharing in their

everyday life and having common rights and responsibilities, including persons

living together, but not married.";

4) In par. "d", part one of Article 3 replace the word “employee” with the words

“of a judge, court staff or law enforcement officer”;

5) in sentence two, part one of Article 6, replace the words “of local budget”

with the words “relevant budgets”;

6) delete the word ‘other’ in Article 12;

7) par. “а” of part two, Article 13, revise as follows:

“а) claim lodged by a judge, court staff or law enforcement officer, or their close

relatives or family members;”;

8) par. “d” Article 14, revise as follows:

"d) president of court where judges, staff of the subject court and other entities

specified in Article 2 of this law are concerned, as well as their close relatives or

family members;";

9) par. “d” of part one, Article 15, after the word “concerning” add the words

“of judges and”;

10) sentence one of part one, Article 16, after the words “within no longer than

three days” add the words “upon the day of delivery of such claim

(communication)”;

11) Article 24:

Revise the heading of this Article as follows:

“Article 24. Monitoring and supervision of compliance with legislation

concerning the protection of judges, court staff and law enforcement personnel”;

In part one, replace the words “President of the Supreme Court of Ukraine” with

the words “Council of judges of Ukraine”;

12) in the text of the Law:

Replace the words “court staff and law enforcement personnel” in all cases with

the words “judges, court staff and law enforcement personnel” in an appropriate

case;

Replace the words “court staff or law enforcement personnel” in all cases with

the words “a judge, court or law enforcement staff” in an appropriate case;

Replace the words “close relative” in all cases and numbers with the words

“close relative, family member” in an appropriate case and number.

13. Part one, Article 3 of the Law of Ukraine on the protection of information in

information and telecommunications systems (Bulletin of Verkhovna Rada of

Ukraine, 1994, No. 31, p. 286), add the following paragraph:

"Central office of Security Service of Ukraine and its subordinated regional

agencies.".

14. In the law of Ukraine on information agencies (Bulletin of Verkhovna Rada

of Ukraine, 1995, No. 13, p. 83, including further changes):

1) add part three to Article Five as follows:

"Distribution (dissemination) of information products via Internet resources

shall not be considered to be information agency’s activities, if they:

1) duplicate printed media registered in accordance with the established

procedure;

2) are carried out by government agencies on their official web-sites;

3) are carried out by enterprises, institutions or organizations with regard to their

own operation;

4) are carried out by business entities promoting their products or services for

trading purposes;

5) are carried out by person on a non-systematic and non-professional basis

pursuing no goal of rendering information services.";

2) Part one, Article 29, after the words "computer networks" add the words

"Internet resources".

15. Part one, Article 8, Law of Ukraine on the National Council for television

and radio broadcasting of Ukraine (Bulletin of Verkhovna Rada of Ukraine,

1997, No. 48, p. 296), add par. 9 as follows:

"9) based on the decision of the authority that appointed the latter".

16. In the Law of Ukraine on enforcement proceeding (Bulletin of Verkhovna

Rada of Ukraine, 2011, No. 19-20, p. 142):

1) In part one, Article 18:

In par. 3 replace the words "for natural persons - taxpayers" with the words "for

natural persons - taxpayers, except where a ruling has been rendered concerning

the administrative action against the person involving the contempt of the

court";

Add the following sentences:

"Only the individuals that can be identified will be mentioned as debtors in the

enforcement document resulting from consideration of an administrative case

according to the procedure as set forth in Article 182 of the Code of

administrative procedure of Ukraine. During execution of such enforcement

document the enforcement officer shall take steps to communicate the content of

court decision and ensure its execution by the debtor and other persons

intending to exercise their right to peaceful gatherings.";

2) paragraph two of part two, Article 25, add the following after sentence one:

"In case of enforcement of court decision concerning the removal of

impediments to the exercise of the right to use state, community property, or

property of public associations within the framework of the enforcement

proceedings initiated on the basis of claim made by a prosecutor, no milestones

for execution of court decision sui juris shall be indicated in the ruling, while

enforced execution of the court decision shall commence immediately.".

17. Part three, Article 9, Law of Ukraine on licensing of certain forms of

business activities (Bulletin of Verkhovna Rada of Ukraine, 2000, No. 36, p.

299), add paragraph 46 as follows:

"46) import to Ukraine, export from Ukraine, manufacture, trade and use of

unmanned aerial vehicles that are subject to registration in the State Register of

civil aircraft of Ukraine.".

18. in the Law Ukraine on telecommunications (Bulletin of Verkhovna Rada of

Ukraine, 2004, No. 12, p. 155):

1) Part one, Article 1, following the alphabetic sequence, add a paragraph as

follows:

"a telecommunications identification card is the means of labeling

(identification) of the final piece of subscriber equipment in the

telecommunications network (SIM-card, USIM- card, R-UIM- card etc.);";

2) Part one, Article 18; add par. 231 as follows:

"231) renders decisions concerning the restriction of access for subscribers of

telecommunications operators to the Internet resources distributing information

contrary to the law, or via which an information agency carries out its activities

having no certificate of state registration of information agency required by law,

as well as concerning the renewal of such access provided that the subject

infomation has been deleted, a certificate has been obtained or the decision

based on which the access was restricted has been refuted.

Decisions concerning restriction of access for subscribers of

telecommunications operators to the Internet resources distributing information

contrary to the law shall be rendered based on expert opinion on whether the

distribution of this particular information is contrary to the law.

Decisions concerning the restriction of access for subscribers of

telecommunications operators to Internet resources may be challenged to court

within the framework of administrative procedure.

The initiation of consideration of the issue related to the restriction of access for

subscribers of telecommunications operators to Internet resources, involvement

of experts, rendering, delivery and execution of decision, remedial action by the

person that allowed violations to take place, renewal of access for subscribers of

telecommunications operators to Internet resources shall follow the procedure

established by the Cabinet of Ministers of Ukraine.";

3) Article 39:

Add par. 182 to part one as follows:

"182) based on decision of the national commission regulating the area of

communications and informatization, restrict access of its subscribers to Internet

resources via which distribution of information contrary to the law occurs, or via

which information agency carries out its activities having no certificate of state

registration of information agency required by law, as well as renew such access

based on an appropriate decision provided that subject information has been

deleted, or a certificate has been obtained or based on court decision overturning

the decision to restrict access of subscribers to Internet resources;";

In paragraph one, part two, replace the word and numbers "paragraphs 1, 2, 10,

11, 12, 15, 17" with the word and numbers "paragraphs 2, 10, 11, 12, 15 and

17";

In part four replace the words "Telecommunications operators must install at

their own cost" with the words "Telecommunications operators (providers

managing the use of telecommunications networks) must purchase and install at

their own cost";

4) add par. 5 to part seven, Article 42, as follows:

"5) rendering of Internet access related services";

5) add par. 11

to part two, Article 63, as follows:

"11) telecommunications services using telecommunications identification cards

shall be rendered based on the contract executed between telecommunications

operators and consumers of telecommunications services according to the

procedure as set forth by law;".

19. In the Law of Ukraine on the State Service of special communications and

protection of information (Bulletin of Verkhovna Rada of Ukraine, 2006, No. 30,

p. 258):

1) delete paragraph five of part one, Article 1;

2) delete paragraphs 8, 14, 21, 32 and 33 of part one, Article 16, par. 20 of part

one, Article 17;

3) in part one, Article 16:

In par. 16 after the words "procedure and requirements" add the words "(except

the procedure and requirements relating to technical protection of information)";

par. 17, revise as follows:

"17) the issuance and registration according to the law of business operation

licenses in the area of encryption-based protection of information;";

In par. 20 replace the words "and taking the appropriate measures to protect

information" with the words "and taking appropriate measures for the

encryption-based protection of information ";

4) in part one, Article 17:

In par. 3, delete the words "owned by the state, or restricted information,";

paragraphs 6 and 19, revise as follows:

"6) suspend or terminate, according to the established procedure, the licenses for

business operation in the area of encryption-based protection of information;

19) carry out regular and random checks of compliance with licensing terms for

business activities in the area of encryption-based protection of information at

enterprises, institutions and organizations;";

In par. 7, delete the words "and/or technical";

5) delete the words "and technical", "technical and" in the text of the Law.

20. In the Law of Ukraine on the judicial system and the status of judges

(Bulletin of Verkhovna Rada of Ukraine, 2010, Nos. 41–45, p. 529; including

the changes incorporated by laws of Ukraine of 4 July 2012, No. 5041-VI, and

of 18 September 2012, No. 5288-VI):

1) add part seven to Article 127 as follows:

"7. Public agencies and local self-government authorities, their officials,

directors of enterprises, institutions and organizations, public associations, upon

delivery of a communication of the Council of judges of Ukraine concerning the

safety of judges shall consider such communication and provide a response in

writing within 10 days upon the delivery of such communication. If such

consideration is not possible within the established milestones, the subject

authorities shall inform thereof in a letter describing the reasons of extending the

consideration period that may not exceed 30 days upon the delivery date.

The response shall be provided within its competence directly by a public

agency or local self-government authority, to which such communication has

been sent.

The officials of public agencies, local self-government authorities, directors of

enterprises, institutions and organizations, having been delivered the

communication of the Council of judges of Ukraine, must immediately take

steps to remove the safety related risks for judges or hold the guilty ones liable,

if necessary.

A meeting of the Council of judges of Ukraine where the issue of safety of

judges is being considered may be attended by representatives of public

agencies, local self-government, enterprises, institutions and organizations, as

approved by their supervisors, at the invitation of the Council of judges of

Ukraine.”

In this regard, parts seven and eight shall be considered to be parts eight and

nine, accordingly;

2) Revise Article 134 as follows:

"Article 134. State protection of judges, their close relatives and family

members

1. Judges, their close relatives and family members (husband, wife, father,

mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother,

sister, grandfather, grandmother, grandson, granddaughter, great grandson, great

granddaughter, person under guardianship or care, as well as persons living

together, sharing in their everyday life and having common rights and

responsibilities, including persons living together, but not married) and their

property are subject to special protection by the state. Interior authorities must

take appropriate measures to ensure the safety of judges, their close relatives and

family members, as well as their property, if appropriate claims have been

lodged by judges.

2. Infringements of judges life and health related to judges’ performance of their

official duties as well as destruction or damage to their property, threats of

murder, violence or damage to property of a judge, disrespect of their honor and

dignity, as well as infringements on life and health of close relatives and family

members of judges, threats of murder or damage of property shall amount to the

liability, as set forth by the law.

3. Public agencies, local self-government authorities, ATS inquiry services,

telecommunications operators and providers, information services, as well as

any enterprises, institutions, organizations and persons are forbidden to disclose

information concerning the place of residence of a judge or any other personal

data, where such information comes into their knowledge in connection with

their official duties, except in the cases specified in the law and solely pursuing

the interests of national security or human rights, or at the consent of a judge.

Disclosure of such information shall amount to the liability in accordance with

the law.

4. A judge shall have the right to be supported by means of protection and

mobile threat alert devices issued by interior authorities, as well as to have

his/her residence equipped with security and fire alarm systems at the cost of the

state budget following the procedure established by the Cabinet of Ministers of

Ukraine.";

3) par. 10, part one, Article 146, after the words “in the digital

videoconferencing mode” add the words “, supports operation of video

surveillance system in court buildings and the adjusting areas”;

4) Article 153:

Sentence two in part one, after the words “in court session” add the words “, as

well as in cooperation with interior authorities maintain public order in court,

cease the elements of contempt of the court and secure the court premises”;

Add part six to this Article as follows:

“6. Masters of the court, in order to perform their duties, shall be entitled to use

special means that are used to protect public order, the list and application

requirements for which are determined by the Cabinet of Ministers of Ukraine.”;

5) part one, Article 154, after the words “and also” add the word “twenty four

hours”.

21. in the Law of Ukraine on public associations (Bulletin of Verkhovna Rada

of Ukraine, 2013, No. 1, p. 1):

1) Add part six to Article 1 as follows:

"6. A public association shall be deemed to perform the functions of a foreign

agent, if it receives monetary contributions or assets in support of its operation

from foreign countries, their public authorities, non-government organizations

from other countries, international non-government organizations, foreign

nationals, stateless persons or their authorized representatives receiving

monetary contributions or other assets from subject sources hereinafter – foreign

sources), as well as involving in political activities in Ukraine, including in the

interest of foreign sources.

A public association, with the exception of a political party, shall be deemed to

be taking part in political activities in Ukraine, if, irrespective of the goals and

objectives specified in its constituent documents, it engages (including by

funding provision) in the organization and the implementation of political

campaigns with the purpose of influencing decisions rendered by public

authorities, modification of the state policy that they have determined, as well as

shaping the public opinion pursuing the said goals.";

2) part one, Article 4, after the words "illegitimate seizure of political power"

add the words ", engagement in extremist activities";

3) Article 10:

Add sentence three to part two as follows:

"a general name of the public association performing the functions of a foreign

agent should contain the wording "public association performing the functions

of a foreign agent";

Part ten, after the words «public association" add the words ", except a public

association performing the functions of a foreign agent,"; 4) Article 12:

In part one, after the words "having the status of legal entity" add the words «as

well as public association performing the functions of a foreign agent,";

Add par. 4 to part three as follows:

"5) application for the incorporation in the Register of public associations of

information concerning the functioning of public association as a public

association performing the functions of a foreign agent, for public associations

meeting the requirements of part six, Article 1 of this law.";

In part four, replace the words and numbers "in paragraphs 3 and 4" with the

words and numbers " in paragraphs 3, 4 and 5";

5) Article 14:

Add to the heading, after the words "change of the venue of public association"

with the words ", gaining the status of public association performing the

functions of a foreign agent";

Add the following paragraph to part two:

"The public association carrying out its activities with the status of legal entity

and intending to receive contributions or other property from foreign sources

and involve in political activities in Ukraine must, prior to the commencement

of such activities, submit (send) an application for incorporation in the Register

of public associations of information concerning the functioning of public

association as a public association performing the functions of a foreign agent to

an authorized registration agency where its registration file is maintained. The

information concerning the public association carrying out its activities as a

public association performing the functions of a foreign agent shall be subject to

incorporation in the Register of public associations within no later than five days

upon delivery of an appropriate application to an authorized registration

agency.";

6) Article 20:

add par. 8 to part two as follows:

"8) an application for incorporation in the Register of public associations of

information concerning a stand-alone branch of a foreign non-governmental

organization carrying out its activities in the status of a public association

performing the functions of a foreign agent, if it intends to involve in political

activities in Ukraine.";

In part three, replace the words and numbers "in paragraphs 2 – 6" with the

words and numbers" in paragraphs 2 – 6 and 8";

Add the following paragraph to part nine:

"a stand-alone branch of a foreign non-governmental organization intending to

involve in political activities in Ukraine must, prior to the commencement of

such activities, submit (send) to an authorized registration agency an application

for incorporation in the Register of public associations of information

concerning this stand-alone branch of a foreign non-governmental organization

to carry out activities in the status of a public association performing the

functions of a foreign agent. The information concerning this stand-alone branch

of a foreign non-governmental organization to carry out activities in the status of

a public association performing the functions of a foreign agent shall be subject

to incorporation in the Register of public associations within no later than five

days upon delivery of an appropriate application to an authorized registration

agency.";

7) revise par. 1, part one, Article 21, as follows:

"1) freely disseminate information concerning its activities, propagate its

objective (goals), while the materials distributed by a public association

performing the functions of a foreign agent (including via mass media and

Internet) must be supported by an indication that they have been published

and/or distributed by a public association performing the functions of a foreign

agent;";

8) add parts 4-6 to Article 23 as follows:

"4. Public associations performing the functions of a foreign agent shall

maintain separate accounting of revenues (expenditures) received from foreign

sources, and revenues (expenditures) received from other sources.

5. Public associations performing the functions of a foreign agent, a stand-alone

branch of a foreign non-governmental organization operating in the status of a

public association performing the functions of a foreign agent must provide to

an authorized registration agency the documents listing its governing bodies, as

well as information concerning the amount of financial resources or other

property received from foreign sources, planned and actual spending areas,

planned programs of activities and actual activities on a monthly basis.

6. Public associations performing the functions of a foreign agent, a stand-alone

branch of a foreign non-governmental organization operating in the status of a

public association performing the functions of a foreign agent must post in the

Internet and publish in Holos Ukrainy or Uriadovyi Courier newspapers a report

concerning their activities within the scope of information provided to an

authorized registration agency every three months.";

9) revise sentence one of part one, Article 28, as follows:

"A public association may be banned by the court ad sectam of an authorized

registration agency in case such public association breeches Articles 36, 37 of

the Constitution of Ukraine, Article 4 of this law, as well as failure to perform

the obligation as set forth in paragraph 2, part two, Article 14, and parts four

through six, Article 23, of this law.";

10) revise part four of Article 30 as follows:

"4. Activities of a stand-alone branch of a foreign non-governmental

organization ad sectam of an authorized registration agency may be banned by

the court in case such stand-alone branch breeches Articles 36, 37 of the

Constitution of Ukraine, Article 4 of this law, other laws providing for

restrictions on the establishment and activities of public associations in the

interests of national security and public order, public health or protection of

rights and freedoms of others, as well as failure to perform the obligation as set

forth in paragraph 2, part nine, Article 20, and parts four through six, Article 23,

of this law.".

ІІ. Transitional and final provisions

1. This Law shall come into force on the day following the date of its

publication, except for paragraph 18.5, section І of this Law, which will come

into effect on 01 May 2014.

2. The persons carrying out activities of a public association, including

distribution of information agency products via Internet resources having no

certificate of state registration of an information agency as an entity involved in

information activities, must obtain such certificate within three months upon the

enactment of this Law or terminate such activities. The subject persons may not

be held accountable for the issuance and distribution of information agency

products without its state registration within the said period of three months.

3. Public associations and also stand-alone branches of foreign non-

governmental organizations receiving financial resources or other assets from

foreign sources and taking part in political activities in Ukraine at the date when

this Law comes into effect, must take steps necessary to obtain the status of a

public association performing the functions of a foreign agent within three

months upon the enactment of this Law, and also take efforts required to align

their title with the requirements of the law. Failure to perform this duty shall be

the ground for banning of a public association or termination of a stand-alone

branch of foreign non-governmental organization following the procedure

established by the law.

4. The operators and providers operating in the area of telecommunications in

the form of rendering services related to Internet access, must obtain an

appropriate license within three months upon the enactment of this Law or

terminate such activities. The subject persons may not be held accountable for

carrying out such activities without a license within the said three month period.

5. The persons engaged in the import to Ukraine, export from Ukraine,

manufacture, trade or use of unmanned aerial vehicles that are subject to

registration in the State Register of civil aircraft of Ukraine must obtain an

appropriate license or terminate such activities within three months upon the

enactment of this Law. The persons may not be held accountable for carrying

out such activities without a license within the said three month period.

6. The Cabinet of Ministers of Ukraine shall, within the period of three months:

Approve the list of critical facilities of the national information infrastructure,

their categories and the procedure for the development and maintenance of a

register of such facilities;

Approve the procedure to initiate consideration of the issue related to the

restriction of access of telecommunications operators to Internet resources,

involvement of experts, rendering, delivery and execution of rendered decision,

correction by the person of violations, renewal of access of telecommunications

operators’ subscribers to Internet resources;

Approve the procedure for issuance if permits to use uniforms that are identical

or similar to the uniforms worn by law enforcement officers or military

servicemen, as well as for the installation of structures, tents or other minor

architectural works, items or structures that may be used as a stage, or sound

amplification equipment in support of gatherings, rallies or street processions or

demonstrations;

Align normative and legal acts with this Law;

Ensure within their competence the revision or revocation of the normative and

legal acts conflicting with this Law;

Ensure that ministries and other central executive authorities align their

normative and legal acts with this Law.

Chair of Verkhovna Rada of Ukraine

V. Rybak

Annex 3: The law of Ukraine on Amendments to the Criminal Procedure

Code of Ukraine (regarding criminal proceedings in absentia)

Draft

introduced by

L. Y. Myrymskyi,

People’s Deputy of Ukraine

THE LAW OF UKRAINE

On Amendments to the Criminal Procedure Code of Ukraine (regarding

criminal proceedings in absentia)

The Verkhovna Rada of Ukraine hereby resolves:

I. To amend the Criminal Procedure Code of Ukraine (published in the

Bulletin of Verkhovna Rada of Ukraine of March 08, 2013, No. 9-10, art. 88) as

follows:

1) Part two of Article 52 shall be amended by adding new paragraph 7 as

follows:

“7) in relation to persons under criminal proceedings in absentia – from the

moment the ruling to institute such proceedings is made”;

2) the first sentence of Article 135, part eight, shall be amended by adding

the phrase “or, in case such person resides outside of the country, at least seven

days in advance” after the phrase “obliged to appear upon such summons”;

3) Article 139 shall be amended by adding new section four as follows:

“4. In the cases specified in this Code, the failure of a suspect or an accused

to appear upon being summoned may entail criminal proceedings against them

being conducted in absentia”;

4) in Article 232:

the title of the Article shall be amended to read as follows:

“Procedural actions in the form of a video conference in the course of pre-

trial investigation”;

2

part one shall be amended by adding the phrase “other procedural actions”

after the phrase “persons or things for identification”;

5) part nine of Article 290 shall be amended by adding the following

sentence:

“If the criminal proceedings are conducted in absentia, the fact of access to

materials being given to the defense shall be confirmed by the defense counsel

or by the suspect if they arrive”;

6) Article 291, part four, paragraph 3, shall be amended by adding the

phrase “ or acknowledgement of receipt of the same by the suspect according to

the procedure specified in article 5232 of this Code in case of criminal

proceedings in absentia” after the phrase “and the registry of the pre-trial

investigation records”;

7) part one of Article 293 shall be amended by adding the following

sentence:

“In the case of criminal proceedings in absentia, the abovementioned

documents shall be served according to the procedure specified in Article 5232

of this Code”;

8) part one of Article 303 shall be amended by adding new paragraph nine

as follows:

“9) the decision of the investigator or prosecutor to conduct criminal

proceedings in absentia – by the suspect or their defense counsel or legal

representative, or by the victim or their defense counsel or legal representative”;

9) Article 323 shall be amended by adding new part two as follows:

“2. In the cases specified in this Code, the failure of the accused to appear

upon being summoned may entail criminal proceedings against them being

conducted in absentia.”;

10) part one of Article 335 shall be amended by adding the phrase “(in the

absence of grounds for criminal proceedings in absentia)” after the phrase “the

accused has evaded the trial”;

11) in part four of Article 349 the phrase “the case provided for in Article

381 of this Code” shall be replaced with the phrase “cases specified in Article

381 and Chapter 411 of this Code”;

3

12) part three of Article 395 shall be amended by adding a new paragraph

as follows:

“The time limit for appeals against a judgment made in criminal

proceedings in absentia shall be reckoned from the day following the last day

provided for the filing of the petition for cancellation of such judgment if said

petition has not been filed, or on the day following the day on which the court

ruled to dismiss such petition”;

13) part four of Article 405 shall be amended by adding a new paragraph as

follows:

“In the case of criminal proceedings in absentia, the failure of the accused

whose presence is mandatory under this Code to appear in court shall not

prevent the trial”;

14) Article 412, part two, paragraph 3, shall be amended by adding the

phrase “and Chapter 411” after the phrase “specified in Article 381”;

15) new Chapter 411 shall be added as follows:

“Chapter 411. Criminal proceedings in absentia

Article 5231. Grounds for criminal proceedings in absentia

1.Criminal proceedings in absentia shall be conducted if a person suspected

or accused of a criminal offense evades from appearing upon being summoned

by a pre-trial investigation body or court, and criminal proceedings have been

found possible to be conducted in their absence. The suspect or the accused shall

be deemed to have evaded from appearing upon being summoned if, upon being

duly notified about the date, time, and place of the procedural actions or court

session, they fail more than one time to appear before a pre-trial investigation

body or court in the absence of valid reasons for such failure, or failed to give

notice of such reasons, or if the reasons specified by them are found invalid.

2. The decision to conduct criminal proceedings in absentia shall be made

by the investigator upon approval of the prosecutor, or by the prosecutor in the

course of the pre-trial investigation, or by the court in the course of court

proceedings. The decision of the investigator, prosecutor, or court shall be made

in the form of a resolution or a ruling, respectively, and served to the suspect or

accused according to the procedure specified in Article 5232 of this Code.

3. If the criminal proceedings are conducted in relation to several persons

suspected or accused of having committed one or several criminal offenses,

criminal proceedings in absentia shall be possible if the grounds specified in part

one of this Article are present in relation to all of the suspected or accused

persons.

4

Article 5232. Procedure of service of documents to a person under criminal

proceedings in absentia

1. The investigator, prosecutor, investigating judge, and court shall serve

summons, procedural rulings, and other documents to a person under criminal

proceedings in absentia according to the general rules of this Code, and, if

necessary, according to the procedure specified in section IX of this Code.

Article 5233. Procedure of criminal proceedings in absentia

1.Criminal proceedings in absentia shall be conducted according to the

general rules of this Code, with adjustments made for the procedural actions

being performed in the absence of the suspect or the accused, and for other

special aspects provided for in this chapter.

2. The criminal proceedings shall be conducted in the form of criminal

proceedings in absentia only after due confirmation of the person’s receipt of the

resolution or ruling on criminal proceedings in absentia, served according to the

procedure specified in Article 5232 of this Code.

3. In the course of criminal proceedings in absentia, the investigator upon

approval of the prosecutor, or the prosecutor in the course of the pre-trial

investigation, or the court in the course of court proceedings, shall resolve to

continue the criminal proceedings according to the regular procedure in the

following cases:

1) the suspect or the accused has appeared before the pre-trial investigation

body or court to participate in the criminal proceedings;

2) the investigator, prosecutor, or court have concluded that criminal

proceedings cannot be further conducted in the absence of the suspect or the

accused.

4. The participation of a defense counsel in criminal proceedings in

absentia shall be mandatory.

5.The suspect or the accused may send their written representations to the

investigator, prosecutor, investigating judge, or court, or deliver such

representations to the defense counsel, in each case with the signature witnessed

by a notary or, if the suspect or accused are residing or staying outside the

country, by a diplomatic or consular office of Ukraine in the foreign country.

Such representations submitted to court shall be announced in the course of

court proceedings.

6. Investigative (detective) and other procedural actions may be performed

in the course of criminal proceedings in absentia according to the procedure

specified in section IX of this Code.

Article 5234. Judgment made in criminal proceedings in absentia

1.A sentence or a ruling to terminate criminal proceedings made based on

the results of criminal proceedings in absentia must comply with the general

provisions on the respective judgments and contain information on the time limit

for, and procedure of, filing a petition to cancel such sentence or ruling.

5

Article 5235. Filing a petition to cancel a judgment made based on the

results of criminal proceedings in absentia

1.The accused may, within one month after receiving the copy of the

judgment made based on the results of criminal proceedings in absentia, file a

petition to cancel such judgment with the court that made such judgment.

2. The petition to cancel a judgment made based on the results of criminal

proceedings in absentia must meet the requirements specified in parts one, two,

five, and six of Article 396 of this Code.

3. The court, having established that the petition to cancel a judgment made

based on the results of criminal proceedings in absentia was filed without the

requirements specified in part two of this Article being met, shall make a ruling

to put such petition on hold, which ruling shall indicate the deficiencies found in

the petition and prescribe a sufficient period of time to correct such deficiencies.

A copy of the ruling to put the petition on hold shall be immediately sent to the

person who filed it.

4. If the person has corrected the deficiencies found in the petition to cancel

a judgment made based on the results of criminal proceedings in absentia within

the period of time prescribed by the court, such petition shall be deemed filed on

the day it was originally filed with the court. Within three days after the

deficiencies in the petition have been corrected, the court shall appoint a court

session to review the petition to cancel the judgment made based on the results

of criminal proceedings in absentia.

5. The petition to cancel a judgment made based on the results of criminal

proceedings in absentia shall not be returned in the following cases:

1) if the person who filed it has failed to correct the deficiencies in the

petition that was put on hold within the prescribed period;

2) the petition was filed by a person that was not entitled to file it;

3) the petition may not be reviewed by such court;

4) the petition was filed after the end of the period prescribed for the filing

of such petition, and the person who filed it does not request such period to be

renewed, or the court found no grounds to renew the filing period upon such

request.

6. A copy of the ruling to return the petition to cancel a judgment made

based on the results of criminal proceedings in absentia shall be immediately

sent to the person who filed the petition, together with the petition and all

materials attached to it.

7. The ruling to return the petition to cancel a judgment made based on the

results of criminal proceedings in absentia may be appealed against according to

the appeals procedure.

8. The fact that a petition to cancel a judgment made based on the results of

criminal proceedings in absentia is put on hold or returned shall not deny the

right to petition the court again according to the procedure specified in this Code

within the period prescribed for the filing of the petition.

9. Having accepted a duly executed petition to cancel a judgment made

based on the results of criminal proceedings in absentia, the court shall

6

immediately send a copy of such petition and copies of the materials attached

thereto to other participants of the court proceedings. At the same time, the court

shall notify the participants of the court proceedings about the date, time, and

place of the court session.

Article 5236. Reviewing a petition to cancel a judgment made based on the

results of criminal proceedings in absentia

1. A petition to cancel a judgment made based on the results of criminal

proceedings in absentia shall be reviewed in a court session according to the

general rules of this Code. Failure of the persons duly notified about the date,

time, and place of the court session to appear before the court shall not preclude

the court from reviewing the petition.

2. Upon reviewing a petition to cancel a judgment made based on the

results of criminal proceedings in absentia, the court shall make a ruling to:

1) dismiss the petition; or

2) cancel the judgment made based on the results of criminal proceedings

in absentia, and appoint trial under the general procedure.

3. A judgment made based on the results of criminal proceedings in

absentia shall be cancelled if the court establishes that the accused failed to

appear before court upon being summoned and failed to give notice of their

absence for valid reasons.

4.If a petition to cancel the judgment made based on the results of criminal

proceedings in absentia is dismissed, the judgment made based on the results of

criminal proceedings in absentia may be appealed against according to the

appeals procedure.

II. Final Provisions

1. This Law shall become effective on the day following the day of its

publication.

Chairman of the Verkhovna Rada of Ukraine

Annex 4: Comparative Table to the Draft Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine”

COMPARATIVE TABLE

to the Draft Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine”

(regarding criminal proceedings in absentia)

Current Revision

Revision Proposed in the Draft Law

Criminal Procedure Code of Ukraine

Article 52. Mandatory participation of a defense counsel

…

2. Otherwise, mandatory participation of a defense counsel in

criminal proceedings shall be ensured in the following cases:

1) in relation to persons suspected or accused of having

committed a crime in the age under 18 – upon establishing the

fact that such person is a minor, or from the moment any doubt

arises as to such person having reached the age of majority;

2) in relation to persons subject to mandatory measures of

educational nature – upon establishing the fact that such person is

a minor, or upon emergence of any doubt that such person has

reached the age of majority;

3) in relation to persons incapable to realize their rights to

the full extent due to mental or physical disabilities (mute, deaf,

blind, etc.) – from the moment such disabilities are established;

4) in relation to persons who lack the knowledge of the

language of criminal proceedings – from the moment such fact is

established;

Article 52. Mandatory participation of a defense counsel

…

2. Otherwise, mandatory participation of a defense counsel in

criminal proceedings shall be ensured in the following cases:

1) in relation to persons suspected or accused of having

committed a crime in the age under 18 – upon establishing the

fact that such person is a minor, or from the moment any doubt

arises as to such person having reached the age of majority;


educational nature – upon establishing the fact that such person is

a minor, or upon emergence of any doubt that such person has

reached the age of majority;

3) in relation to persons incapable to realize their rights to

the full extent due to mental or physical disabilities (mute, deaf,

blind, etc.) – from the moment such disabilities are established;

4) in relation to persons who lack the knowledge of the

language of criminal proceedings – from the moment such fact is

established;

2


medical nature, or persons regarding whom such measures are

being contemplated – upon establishing the mental illness of such

person or other details causing doubt in regard of their sanity;

6) in relation to exoneration of a deceased person – from the

moment the right for exoneration of the deceased person arises.


medical nature, or persons regarding whom such measures are

being contemplated – upon establishing the mental illness of such

person or other details causing doubt in regard of their sanity;

6) in relation to exoneration of a deceased person – from the

moment the right for exoneration of the deceased person arises;

7) in relation to persons under criminal proceedings in

absentia – from the moment the ruling to institute such

proceedings is made.

Article 135. Procedure of summons in criminal proceedings

…

8. A person must receive the summons or be otherwise

notified about being summoned at least three days before the day

they are obliged to appear. If the time periods provided for

procedural actions specified in this Code make it impossible to

summon a person within the period specified above, such person

must be served a summons or be otherwise notified about being

summoned as promptly as possible, but in any case being given

the time necessary to prepare and appear upon the summons.

Article 135. Procedure of summons in criminal proceedings

…

8. A person must receive the summons or be otherwise

notified about being summoned at least three days in advance of

the day they are obliged to appear upon such summons, or, in

case such person resides outside of the country, at least seven

days in advance. If the time periods provided for procedural

actions specified in this Code make it impossible to summon a

person within the period specified above, such person must be

served a summons or be otherwise notified about being

summoned as promptly as possible, but in any case being given

the time necessary to prepare and appear upon the summons.

Article 139. Implications of a failure to appear upon being

summoned

…

3. For willful evasion of appearing upon being summoned,

the witness or victim shall be held liable according to the law.

Article 139. Implications of a failure to appear upon being

summoned

…

3. For willful evasion of appearing upon being summoned,

the witness or victim shall be held liable according to the law.

4. In the cases specified in this Code, the failure of a

3

suspect or an accused to appear upon being summoned may

entail criminal proceedings against them being conducted in

absentia.

Article 232. Interrogation or identification in the form of

a video conference in the course of pre-trial investigation 1. Interrogation of persons or presentation of persons or

things for identification in the course of pre-trial investigation

may be conducted in the form of a video conference with

transmission from a different room (remote pre-trial investigation)

in the following cases:

1) if certain persons are unable to take part in the pre-trial

proceedings due to their health status or other valid reasons;

2) in order to ensure the safety of persons;

3) to interrogate an underage or minor witness or victim;

4) if such measures are necessary to ensure promptness of

the pre-trial investigation;

5) on other grounds which the investigator, prosecutor, or

investigating judge deems sufficient.

…

Article 232. Procedural actions in the form of a video

conference in the course of pre-trial investigation 1. Interrogation of persons, presentation of persons or things

for identification, or other procedural actions in the course of

pre-trial investigation may be conducted in the form of a video

conference with transmission from a different room (remote pre-

trial investigation) in the following cases:

1) if certain persons are unable to take part in the pre-trial

proceedings due to their health status or other valid reasons;

2) in order to ensure the safety of persons;

3) to interrogate an underage or minor witness or victim;

4) if such measures are necessary to ensure promptness of

the pre-trial investigation;

5) on other grounds which the investigator, prosecutor, or

investigating judge deems sufficient.

…

Article 290. Disclosure of materials to the other party

…

9. The parties to criminal proceedings must confirm in

writing to the other party, or, in the case of a victim, to the

prosecutor, the fact of being given access to materials, indicating

the names of such materials.

…

Article 290. Disclosure of materials to the other party

…

9. The parties to criminal proceedings must confirm in

writing to the other party, or, in the case of a victim, to the

prosecutor, the fact of being given access to materials, indicating

the names of such materials. If the criminal proceedings are

conducted in absentia, the fact of access to materials being

given to the defense shall be confirmed by the defense counsel

4

or by the suspect if they arrive. …

Article 291. Indictment and registry of pre-trial investigation

records

…

4. The following annexes shall be attached to an indictment:

1) the registry of pre-trial investigation records;

2) civil claim, if filed in the course of the pre-trial

investigation;

3) suspect’s written acknowledgement of receipt of a copy of

the indictment, a copy of the civil claim, if filed in the course of

the pre-trial investigation, and the registry of pre-trial

investigation records;

4) written acknowledgement or other document certifying

the defendant’s receipt of a copy of the civil claim, if filed in the

course of the pre-trial investigation against a person other than the

suspect.

No other documents may be submitted to court before the

beginning of the trial.

Article 291. Indictment and registry of pre-trial investigation

records

…

4. The following annexes shall be attached to an indictment:

1) the registry of pre-trial investigation records;

2) civil claim, if filed in the course of the pre-trial

investigation;

3) suspect’s written acknowledgement of receipt of a copy of

the indictment, a copy of the civil claim, if filed in the course of

the pre-trial investigation, and the registry of pre-trial

investigation records, or acknowledgement of receipt of the

same by the suspect according to the procedure specified in

article 5232

of this Code in case of criminal proceedings in

absentia;

4) written acknowledgement or other document certifying

the defendant’s receipt of a copy of the civil claim, if filed in the

course of the pre-trial investigation against a person other than the

suspect.

No other documents may be submitted to court before the

beginning of the trial.

Article 293. Provision of a copy of an indictment, request for

application of compulsory measures of educational or medical

nature, and the registry of pre-trial investigation records

1. When submitting to court the indictment and the request

for application of compulsory measures of educational or medical

Article 293. Provision of a copy of an indictment, request for

application of compulsory measures of educational or medical

nature, and the registry of pre-trial investigation records

1. When submitting to court the indictment and the request

for application of compulsory measures of educational or medical

5

nature, the prosecutor must provide copies thereof and a copy of

the registry of pre-trial investigation records against written

confirmation of receipt to the suspect, their defense counsel, legal

representative, or defense counsel of the person in relation to

whom compulsory measures of educational or medical nature are

being contemplated.

nature, the prosecutor must provide copies thereof and a copy of

the registry of pre-trial investigation records against written

confirmation of receipt to the suspect, their defense counsel, legal

representative, or defense counsel of the person in relation to

whom compulsory measures of educational or medical nature are

being contemplated. In the case of criminal proceedings in

absentia, the abovementioned documents shall be served

according to the procedure specified in Article 5232 of this

Code.

Article 303. Decisions, actions, or inaction of an investigator

or prosecutor which may be appealed against in the course of pre-

trial investigation, and right of appeal

1. The following decisions, actions, or inaction of an

investigator or prosecutor may be appealed against in the course

of pre-trial investigation:

…

…

Article 303. Decisions, actions, or inaction of an investigator

or prosecutor which may be appealed against in the course of pre-

trial investigation, and right of appeal

1. The following decisions, actions, or inaction of an

investigator or prosecutor may be appealed against in the course

of pre-trial investigation:

…

9) the decision of the investigator or prosecutor to

conduct criminal proceedings in absentia – by the suspect or

their defense counsel or legal representative, or by the victim

or their defense counsel or legal representative.

…

Article 323. Implications of a failure of the accused to appear

1. If an accused who is not taken in custody as a measure of

restraint fails to appear in a court session upon being summoned,

the court shall adjourn the trial, appoint the date of a new session,

and take measures to ensure the appearance of the accused in

court. The court may also rule to bring the accused to court under

Article 323. Implications of a failure of the accused to appear

1. If an accused who is not taken in custody as a measure of

restraint fails to appear in a court session upon being summoned,

the court shall adjourn the trial, appoint the date of a new session,

and take measures to ensure the appearance of the accused in

court. The court may also rule to bring the accused to court under

6

compulsory process and/or to impose a fine them according to the

procedure specified in Chapters 11 and 12 of this Code.

compulsory process and/or to impose a fine them according to the

procedure specified in Chapters 11 and 12 of this Code.

2. In the cases specified in this Code, the failure of the

accused to appear upon being summoned may entail criminal

proceedings against them being conducted in absentia.

Article 335. Suspension of court proceedings

1. If the accused has evaded the trial or became ill with a

mental or other severe long-lasting illness which prevents them

from participating in the court proceedings, the court shall

suspend the court proceedings in relation to such accused until

they are found or have recovered, and continue the court

proceedings in relation to the other accused, if several individuals

are prosecuted in the case. Retrieval of the accused who evades

the trial shall be ordered by a ruling of the court, and the

organization of enforcement of such ruling shall be entrusted to

the investigator and/or prosecutor.

Article 335. Suspension of court proceedings

1. If the accused has evaded the trial (in the absence of

grounds for criminal proceedings in absentia) or became ill

with a mental or other severe long-lasting illness which prevents

them from participating in the court proceedings, the court shall

suspend the court proceedings in relation to such accused until

they are found or have recovered, and continue the court

proceedings in relation to the other accused, if several individuals

are prosecuted in the case. Retrieval of the accused who evades

the trial shall be ordered by a ruling of the court, and the

organization of enforcement of such ruling shall be entrusted to

the investigator and/or prosecutor.

Article 349. Establishing the scope of evidence to be

examined and the procedure for examination thereof

…

4. Interrogation of the accused shall be mandatory, except if

they have refused to testify or in the case provided for in Article

381 of this Code.

Article 349. Establishing the scope of evidence to be

examined and the procedure for examination thereof

…

4. Interrogation of the accused shall be mandatory, except if

they have refused to testify or in the cases provided for in

Article 381 and Chapter 411 of this Code.

Article 395. Procedure and time limits for filing an appeal

…

3. For a person kept in custody, the time limit for filing an

appeal shall be reckoned from the moment they were served with

Article 395. Procedure and time limits for filing an appeal

…

3. For a person kept in custody, the time limit for filing an

appeal shall be reckoned from the moment they were served with

7

a copy of the judgment.

If the ruling of the court or the investigating judge is made

without summoning the person appealing against it, or if a

sentence is passed without summoning the person appealing

against it according to the procedure specified in Article 382 of

this Code, the time limit for filing an appeal by such person shall

be reckoned from the day they were served with a copy of the

judgment.

4. Until the time limit for filing an appeal expires, no one

may direct the court to provide the records of criminal

proceedings. During this period, the court must provide the

participants of the court proceedings, upon their request, an

opportunity to review the records of the criminal proceedings.

a copy of the judgment.

If the ruling of the court or the investigating judge is made

without summoning the person appealing against it, or if a

sentence is passed without summoning the person appealing

against it according to the procedure specified in Article 382 of

this Code, the time limit for filing an appeal by such person shall

be reckoned from the day they were served with a copy of the

judgment.

The time limit for appeals against a judgment made in

criminal proceedings in absentia shall be reckoned from the

day following the last day provided for the filing of the

petition for cancellation of such judgment if said petition has

not been filed, or on the day following the day on which the

court ruled to dismiss such petition.

4. Until the time limit for filing an appeal expires, no one

may direct the court to provide the records of criminal

proceedings. During this period, the court must provide the

participants of the court proceedings, upon their request, an

opportunity to review the records of the criminal proceedings.

Article 405. Appeals trial

…

4. The failure of the parties or other participants of the

criminal proceedings to appear in court shall not preclude trial if

such persons were duly notified about the date, time, and place of

the appeals trial and did not notify the court about valid reasons

for their absence. If the court session is not attended by the

participants of the criminal proceedings whose participation is

mandatory according to this Code or the ruling of the court of

Article 405. Appeals trial

…

4. The failure of the parties or other participants of the

criminal proceedings to appear in court shall not preclude trial if

such persons were duly notified about the date, time, and place of

the appeals trial and did not notify the court about valid reasons

for their absence. If the court session is not attended by the

participants of the criminal proceedings whose participation is

mandatory according to this Code or the ruling of the court of

8

appeals, the appeals trial shall be postponed.

…

appeals, the appeals trial shall be postponed.

In the case of criminal proceedings in absentia, the

failure of the accused whose presence is mandatory under this

Code to appear in court shall not prevent the trial. …

Article 412. Material violations of the criminal procedure

law

…

2. A judgment must be cancelled under any circumstances,

if:

1) the case was not dismissed by court despite the presence

of grounds for dismissal;

2) the judgment was passed with unlawful composition of

the court;

3) the court proceedings took place in the absence of the

accused, with the exception of cases specified in Article 381 of

this Code, or in absence of the prosecutor, with the exception of

cases where the presence of a prosecutor is not required;

4) the court proceedings were conducted in the absence of

the defense counsel whose presence was mandatory;


victim who was not duly notified about the date, time, and place

of the court session;

6) jurisdiction rules were violated;

7) the records of the proceedings lack the record of the court

session or the media with the record of the proceedings in the

court of original jurisdiction.

Article 412. Material violations of the criminal procedure

law

…

2. A judgment must be cancelled under any circumstances,

if:

1) the case was not dismissed by court despite the presence

of grounds for dismissal;

2) the judgment was passed with unlawful composition of

the court;

3) the court proceedings were conducted in the absence of

the accused, with the exception of cases specified in Article 381

and Chapter 411 of this Code, or in absence of the prosecutor,

with the exception of cases where the presence of a prosecutor is

not required;


defense counsel whose presence was mandatory;


victim who was not duly notified about the date, time, and place

of the court session;

6) jurisdiction rules were violated;

7) the records of the proceedings lack the record of the court

session or the media with the record of the proceedings in the

court of original jurisdiction.

9

Absent

Chapter 411. Criminal proceedings in absentia

Absent Article 5231.Grounds for criminal proceedings in

absentia

1.Criminal proceedings in absentia shall be conducted if

a person suspected or accused of a criminal offense evades

from appearing upon being summoned by a pre-trial

investigation body or court, and criminal proceedings have

been found possible to be conducted in their absence. The

suspect or the accused shall be deemed to have evaded from

appearing upon being summoned if, upon being duly notified

about the date, time, and place of the procedural actions or

court session, they fail more than one time to appear before a

pre-trial investigation body or court in the absence of valid

reasons for such failure, or failed to give notice of such

reasons, or if the reasons specified by them are found invalid.

2. The decision to conduct criminal proceedings in

absentia shall be made by the investigator upon approval of

the prosecutor, or by the prosecutor in the course of the pre-

trial investigation, or by the court in the course of court

proceedings. The decision of the investigator, prosecutor, or

court shall be made in the form of a resolution or a ruling,

respectively, and served to the suspect or accused according to

the procedure specified in Article 5232 of this Code.

3. If the criminal proceedings are conducted in relation to

several persons suspected or accused of having committed one

or several criminal offenses, criminal proceedings in absentia

10

shall be possible if the grounds specified in part one of this

Article are present in relation to all of the suspected or

accused persons.

Absent Article 5232.Procedure of service of documents to a

person under criminal proceedings in absentia

1. The investigator, prosecutor, investigating judge, and

court shall serve summons, procedural rulings, and other

documents to a person under criminal proceedings in absentia

according to the general rules of this Code, and, if necessary,

according to the procedure specified in section IX of this

Code.

Absent Article 5233.Procedure of criminal proceedings in

absentia

1.Criminal proceedings in absentia shall be conducted

according to the general rules of this Code, with adjustments

made for the procedural actions being performed in the

absence of the suspect or the accused, and for other special

aspects provided for in this chapter.

2. The criminal proceedings shall be conducted in the

form of criminal proceedings in absentia only after due

confirmation of the person’s receipt of the resolution or ruling

on criminal proceedings in absentia, served according to the

procedure specified in Article 5232 of this Code.

3. In the course of criminal proceedings in absentia, the

investigator upon approval of the prosecutor, or the

prosecutor in the course of the pre-trial investigation, or the

court in the course of court proceedings, shall resolve to

11

continue the criminal proceedings according to the regular

procedure in the following cases:

1) the suspect or the accused has appeared before the

pre-trial investigation body or court to participate in the

criminal proceedings;

2) the investigator, prosecutor, or court have concluded

that criminal proceedings cannot be further conducted in the

absence of the suspect or the accused.

4. The participation of a defense counsel in criminal

proceedings in absentia shall be mandatory.

5. The suspect or the accused may send their written

representations to the investigator, prosecutor, investigating

judge, or court, or deliver such representations to the defense

counsel, in each case with the signature witnessed by a notary

or, if the suspect or accused are residing or staying outside the

country, by a diplomatic or consular office of Ukraine in the

foreign country. Such representations submitted to court shall

be announced in the course of court proceedings.

6. Investigative (detective) and other procedural actions

may be performed in the course of criminal proceedings in

absentia according to the procedure specified in section IX of

this Code.

Absent Article 5234.Judgment made in criminal proceedings in

absentia

1.A sentence or a ruling to terminate criminal

proceedings made based on the results of criminal

proceedings in absentia must comply with the general

provisions on the respective judgments and contain

12

information on the time limit for, and procedure of, filing a

petition to cancel such sentence or ruling.

Absent Article 5235.Filing a petition to cancel a judgment made

based on the results of criminal proceedings in absentia

1.The accused may, within one month after receiving the

copy of the judgment made based on the results of criminal

proceedings in absentia, file a petition to cancel such

judgment with the court that made such judgment.

2. The petition to cancel a judgment made based on the

results of criminal proceedings in absentia must meet the

requirements specified in parts one, two, five, and six of

Article 396 of this Code.

3. The court, having established that the petition to

cancel a judgment made based on the results of criminal

proceedings in absentia was filed without the requirements

specified in part two of this Article being met, shall make a

ruling to put such petition on hold, which ruling shall indicate

the deficiencies found in the petition and prescribe a sufficient

period of time to correct such deficiencies. A copy of the

ruling to put the petition on hold shall be immediately sent to

the person who filed it.

4. If the person has corrected the deficiencies found in the

petition to cancel a judgment made based on the results of

criminal proceedings in absentia within the period of time

prescribed by the court, such petition shall be deemed filed on

the day it was originally filed with the court. Within three

days after the deficiencies in the petition have been corrected,

the court shall appoint a court session to review the petition to

13

cancel the judgment made based on the results of criminal

proceedings in absentia.

5. The petition to cancel a judgment made based on the

results of criminal proceedings in absentia shall not be

returned in the following cases:

1) if the person who filed it has failed to correct the

deficiencies in the petition that was put on hold within the

prescribed period;

2) the petition was filed by a person that was not entitled

to file it;

3) the petition may not be reviewed by such court;

4) the petition was filed after the end of the period

prescribed for the filing of such petition, and the person who

filed it does not request such period to be renewed, or the

court found no grounds to renew the filing period upon such

request.

6. A copy of the ruling to return the petition to cancel a

judgment made based on the results of criminal proceedings

in absentia shall be immediately sent to the person who filed

the petition, together with the petition and all materials

attached to it.

7. The ruling to return the petition to cancel a judgment

made based on the results of criminal proceedings in absentia

may be appealed against according to the appeals procedure.

8. The fact that a petition to cancel a judgment made

based on the results of criminal proceedings in absentia is put

on hold or returned shall not deny the right to petition the

court again according to the procedure specified in this Code

within the period prescribed for the filing of the petition.

14

9. Having accepted a duly executed petition to cancel a


in absentia, the court shall immediately send a copy of such

petition and copies of the materials attached thereto to other

participants of the court proceedings. At the same time, the

court shall notify the participants of the court proceedings

about the date, time, and place of the court session.

Absent Article 5236.Reviewing a petition to cancel a judgment

made based on the results of criminal proceedings in absentia

1. A petition to cancel a judgment made based on the

results of criminal proceedings in absentia shall be reviewed

in a court session according to the general rules of this Code.

Failure of the persons duly notified about the date, time, and

place of the court session to appear before the court shall not

preclude the court from reviewing the petition.

2. Upon reviewing a petition to cancel a judgment made

based on the results of criminal proceedings in absentia, the

court shall make a ruling to:

1) dismiss the petition; or

2) cancel the judgment made based on the results of

criminal proceedings in absentia, and appoint trial under the

general procedure.

3. A judgment made based on the results of criminal

proceedings in absentia shall be cancelled if the court

establishes that the accused failed to appear before court upon

being summoned and failed to give notice of their absence for

valid reasons.

4.If a petition to cancel the judgment made based on the

15

results of criminal proceedings in absentia is dismissed, the


in absentia may be appealed against according to the appeals

procedure.

People’s Deputy of Ukraine L. Yu. Myrymskyi

Annex 5: Law of Ukraine on Amendment of the Law of Ukraine "On Elimination of Negative

Consequences and Prevention of the Prosecution and the Punishment of Individuals with Regard

to Events That Have Occurred during Peaceful Rallies"

On Amendment of the Law of Ukraine "On Elimination of Negative Consequences and

Prevention of the Prosecution …

Verkhovna Rada (Parliament of Ukraine); Law # 731-VII of January 16, 2014

L A W O F U K R A I N E

On Amendment of the Law of Ukraine "On Elimination of

Negative Consequences and Prevention of the Prosecution

and the Punishment of Individuals with Regard to Events

That Have Occurred during Peaceful Rallies"

The Supreme Council (Parliament) of Ukraine RESOLVES hereby as follows:

The Law of Ukraine "On Elimination of Negative Consequences and Prevention of the

Prosecution and the Punishment of Individuals with Regard to Events That Have Occurred

during Peaceful Rallies" # 712-VII of December 19, 2013, shall be amended by setting forth

the text thereof in the following wording:

"This Law is focused on the exemption of individuals from prosecution and punishment

on the basis of the tenet of humanism in connection with mass protest events that have taken

place in November and December 2013.

Article 1. The individuals, who are suspects or accused (defendants) in connection with

the commitment of offences referred to in Articles 109, 122, 161, 171, 185, 194, 259, 279,

289, 293, 294, 295, 296, 341, 342, 343, 345, 348, 349, 365, 376, 382, 386 of the Criminal

Code of Ukraine, shall be exempted from the criminal liability in accordance with the

procedure and on conditions defined by this Law, provided that the said offences have been

related to mass protest actions that have started on November 21, 2013; the relevant criminal

proceedings shall be terminated.

Article 2. The individuals convicted for committing offences referred to in Article 1

hereof shall be exempted from punishment in the form of the imprisonment for a certain term

and other punishments that do not involve the imprisonment in accordance with the

procedure and on conditions defined by this Law.

http://www.rada.gov.ua/

Article 3. Criminal proceedings instituted in connection with the offences referred to in

Article 1 hereof, in which no individual has been notified of being suspected, shall be

terminated.

Article 4. The enforcement of this Law shall be vested in courts in terms of the

exemption of individuals referred to in Articles 1 and 2 hereof from criminal liability and

punishment, and in public prosecution agencies in terms of the termination of criminal

proceedings referred to in Article 3 hereof.

Article 5. This Law shall be enforced as follows:

1) in respect of suspects, in whose respect criminal proceedings are being pursued by the

pre-trial investigation agencies: by court, within whose geographic jurisdiction the pre-trial

investigation is taking place, on the basis of a petition of the suspect, his or her defence

counsel or legal representative or the public prosecutor, who exercises the procedural

guidance over the relevant pre-trial investigations; the relevant petitions shall be submitted

without pursuing the pre-trial investigation to the full extent;

2) in respect of the accused (defendants), in whose respect criminal proceedings are

pursued by court and have not been examined before the effective date of this Law, and in

respect of the accused (defendants), in whose respect criminal proceedings have been

examined, but the sentences have not taken legal effect: by courts, which pursue relevant

court proceedings, on the basis of a petition of the accused (defendant), his or her defence

counsel or legal representative, or the public prosecutor prosecuting the case on behalf of the

state;

3) in respect of the convicted persons: by courts that have pronounced relevant sentences

on the basis of a petition of the accused (defendant), his or her defence counsel or legal

representative, or the public prosecutor who has prosecuted the case on behalf of the state;

4) within the scope of criminal proceedings referred to in Article 3 hereof: by the public

prosecutor, who exercises the procedural guidance over the relevant pre-trial investigations;

the relevant petitions shall be submitted without pursuing the pre-trial investigation to the full

extent.

Article 6. The issue of the application hereof shall be decided by court in a court session.

The failure of the individuals, who have been duly notified of the venue and the time of the

examination of the issue, to appear at the court session shall not prevent the court session

from being held.

Article 7. Provisions of the Law of Ukraine "On Application of the Amnesty in

Ukraine", the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine may be

applied during the enforcement hereof as long as they do not contradict this Law.

Article 8. This Law shall come into effect from the day following the date of its

publication, and shall be enforceable during one month".

President of Ukraine V. YANUKOVYCH

City of Kyiv,

January 16, 2014,

# 731-VII

1

Annex 6: Law of Ukraine on Introduction of Amendments into Some Legislative Acts of Ukraine

in Respect of the Liability for Administrative Violations in the Field of the Road Traffic Safety Assurance Registered Automatically

LAW OF UKRAINE

On Introduction of Amendments into Some Legislative Acts of Ukraine in

Respect of the Liability for Administrative Violations in the Field of

the Road Traffic Safety Assurance Registered Automatically

The Verkhovna Rada (Parliament) of Ukraine RESOLVES hereby as follows:

I. Changes shall be introduced into the following legislative acts of

Ukraine:

1. In the Administrative Violations Code of Ukraine (Vidomosti

Verkhovnoyi Rady URSR, 1984, Annex to issue 51, page 1122):

1) new Article 14-2 of the following contents shall be added:

"Article 14-2. Liability for Administrative Violations in the Field of

the Road Traffic Safety Assurance Registered Automatically

The administrative liability for the administrative violations in the

field of the assurance of the road traffic safety registered

automatically (using technical facilities making it possible to take

photographs and/or making video records without the involvement of an

operator) shall be borne by the person, in whose name the vehicle is

registered.

If the vehicle is registered in the name of an enterprise, an

institution or an organisation, the person who drove the vehicle at the

time of the administrative violation shall be drawn to the

administrative liability. The information about such a person shall be

provided by the chief executive officer of the enterprise, the

institution or the organisation on request of an officer of the unit of

the Ministry of Internal Affairs of Ukraine in charge of the assurance

of the road traffic safety in accordance with Article 279-2 of this

Code. The chief executive officer of the enterprise, the institution or

the organisation drawn to the administrative liability for the failure

to provide the information in question (the provision of the false

information) in accordance with the procedure prescribed by this Code.

If a vehicle is registered outside the territory of Ukraine and is not

subject to the state registration in Ukraine in accordance with the

legislation, the person, who or which has imported the vehicle in

question into the territory of Ukraine, shall be drawn to the

administrative liability.

Persons referred to in parts one to three of this article shall not be

subject to the administrative liability, if they prove that the vehicle

or its plate number has ceased to be in their possession as a result of

2

unlawful acts of other persons or if another person drove the vehicle

in question at the time of the commitment of the administrative

violation";

2) in Article 33:

part two shall be amended by adding the words "except for cases, when

the sanction is imposed for the administrative violations in the field

of the road traffic safety assurance registered automatically";

the article shall be amended by adding part three of the following

contents:

"An administrative sanction may be imposed for the administrative

violations in the field of the road traffic safety assurance registered

automatically solely in the form of a penalty. In this case, the

minimum value of the fine envisaged hereby for the commitment of the

relevant administrative violation shall be applied";

3) part six of Article 121 shall be set forth in the following wording:

"The driver's driving a vehicle not registered or re-registered in

accordance with the established procedure, without a plate number or

with a plate number, which is not assigned to the vehicle in question

or does not meet requirements of standards, or with a plate number

affixed not in the area prescribed therefor, closed by other objects,

including the application of the cover made of materials preventing or

complicating the identification thereof, or with a dirty plate number

making it impossible to clearly identify symbols of the plate number,

with a plate number turned upside down or unlit, —

shall result in the levy of a penalty in the range from ten to fifteen

non-taxable individual minimum income amounts";

4) Article 121-1 shall be set forth in the following wording:

"Article 121-1. Driver's Operation of Vehicles, Whose Component

Identification Numbers Do Not Match Records in Registration Documents

or Missing

The operation of vehicles, whose component identification numbers do

not match records in registration documents, are destroyed,

counterfeited or missing, by drivers, —

shall result in the levy of a penalty in the range from fifteen to

twenty non-taxable minimum individual income amounts.

The repeated commitment of any of violations referred to in part one of

this article, —

shall result in the levy of a penalty in the range from forty to fifty


5) in Article 122:

3

in the name and the text, the words "by drivers of vehicles" and "by

the driver" shall be deleted;

a note of the following contents shall be added:

"Note. The traffic violator for the purposes of this article shall be

the person, who drove the vehicle at the time of the commitment of the

violation, or the person defined in Article 14-2 hereof, in case of

violations covered by parts one to three of this article, committed in

the form of exceeding the speed limit, running the red traffic light,

violating the rights of pulling over and parking, and violating the

prohibition of vehicles from using the public transport lanes,

sidewalks or pedestrian footpaths for the traffic, entering the

oncoming lane, provided that the said violation has been registered

automatically.

6) in Article 123:

in the name and the text, the words "by persons who drive vehicles",

"by the person who drives the vehicle", "by the vehicle driver" shall

be deleted;

a note of the following contents shall be added:

"Note. The traffic violator for the purposes of this article shall be

the person, who drove the vehicle at the time of the commitment of the

violation, or the person defined in Article 14-2 hereof, if the

violation referred to in part one of this article has been registered

automatically";

7) Article 188-28 shall be amended by adding part two of the following

contents:

"The failure of a chief executive officer of an enterprise, an

institution or an organisation regardless of the ownership form to

provide information prescribed by this Code about the person, who drove

the vehicle at the time of the commitment of the administrative

violation in the field of the road traffic safety assurance registered

automatically, or the provision of the false information on request of

an officer of the unit of the Ministry of Internal Affairs of Ukraine

in charge of the assurance of the road traffic safety, —

shall result in the levy of a penalty in the range from sixty to eighty


8) in Article 258:

part one shall be amended by adding the words "by parts one to three of

Article 122 and part one of Article 123 of this Code, if the

administrative violation has been registered automatically";

part two shall be amended by adding the words "except for the cases of

the commitment of administrative violations covered by parts one to

three of Article 122 and part one of Article 123 of this Code, if the

administrative violation has been registered automatically";

4

9) part one of Article 268 shall be amended by adding sentence four of

the following contents: "The specific features of the review of cases

of administrative violations in the field of the road traffic safety

assurance registered automatically shall be defined by this Code";

10) new Articles 279-1 and 279-2 of the following contents shall be

added:

"Article 279-1. Procedure of Review of a Case of an Administrative

Violation in the Field of the Road Traffic Safety Assurance Registered

Automatically

If the administrative violation in the field of the road traffic safety

assurance has been registered automatically, the officer of the unit of

the Ministry of Internal Affairs of Ukraine in charge of the assurance

of the road traffic safety shall identify the person, in whose name the

relevant vehicle is registered, on the basis of data from the automated

information system of the said unit. If the vehicle is registered in

the name of an individual, the said officer shall issue a resolution to

impose an administrative sanction. The resolution shall be issued

without the participation of the individual drawn to the administrative

liability. If the vehicle is registered in the name of an enterprise,

an institution or an organisation, the officer in question shall draw

up a request for information.

The resolution shall be sent to the individual; the request shall be

sent to the chief executive officer of the enterprise, the institution

or the organisation, in whose name the vehicle is registered, within

three days of the date of issue or compilation respectively by

registered mail with the notice of delivery to the address of the place

of residence (seat) of the relevant person specified in the vehicle

registration documents.

The date specified in the postal notice of delivery shall be deemed to

be the date of receipt of the resolution and the request. If the

individual or the chief executive officer of the enterprise, the

institution or the registration, in whose name the vehicle is

registered, refuses to receive the resolution or the request, or is

absent from the specified address, the date of entry of the record of

refusal of the relevant person to receive the resolution or the request

or the record of the absence of the person from the specified address

in the postal notice shall be deemed to be the date of receipt of the

resolution or the request.

If the vehicle is registered outside the territory of Ukraine, the

information about the committed administrative violation shall be

entered into appropriate electronic registers of the Ministry of

Internal Affairs of Ukraine and the State Border Service of Ukraine.

Agencies of the State Border Service of Ukraine shall make sure that

the person, who or which imported the vehicle in question into the

territory of Ukraine, be notified of the imposed administrative

sanction. The failure of the said person to take action to pay the

penalty or the disputing of the administrative sanction resolution

shall constitute the ground for the entry of the relevant information

about foreigners and stateless individuals into the database of

individuals not permitted to enter Ukraine or provisionally restricted

in their right to leave Ukraine in accordance with the legislation of

5

Ukraine. This information shall be stored, until the penalty is paid or

the penalty resolution is reversed.

"Article 279-2. Request for the Information in a Case of an

Administrative Violation in the Field of the Road Traffic Safety

Assurance Registered Automatically

A request for the information in a case of an administrative violation

in the field of the road traffic safety assurance registered

automatically must contain the following details:

1) the position, the last, first and patronymic names of the officer

who has compiled the request;

2) the request date;

3) the data on the date, the time and the place of the administrative

violation;

4) the data about the vehicle recorded at the time of the violation

(the brand, the model, the plate number);

5) the information about the person, in whose name the vehicle is

registered;

6) the reference to an article hereof providing for the liability for

the commitment of an administrative violation registered automatically;

7) the details of the technical equipment used to take the photograph

and/or make the video record, and the date of the latest calibration of

the said equipment;

8) the address of the web site, on which the person can see the

photograph or the video of the vehicle at the time of the

administrative violation, and the identification details required to

access the information in question;

9) a request to provide information about the person, who drove the

vehicle at the time of the violation, and the procedure of the

provision of the said information;

10) the information about the liability for the failure to provide the

information (the provision of the false information) about the person,

who drove the vehicle at the time of administrative violation, with a

reference to an article of this Code providing for such liability.

The request shall be supported with a photograph of the vehicle with

the depiction of its plate number made automatically at the time of the

administrative violation.

The request shall be signed by the officer of the unit of the Ministry

of Internal Affairs of Ukraine in charge of the assurance of the road

traffic safety, and sent to the chief executive officer of the

enterprise, the institution or the organisation in accordance with the

procedure specified by this Code.

6

The chief executive officer of the enterprise, the institution or the

organisation must provide information about the person, who drove the

vehicle at the time of the administrative violation, (the last, first

and patronymic names, and the address), and the relevant documents, if

any, within five days of receipt of the request.

A resolution to impose an administrative sanction shall be issued on

the basis of the information provided by the chief executive officer of

the enterprise, the institution or the organisation about the person,

who drove the vehicle during the violation, to be sent to the person in

question in a manner prescribed by Article 279-1 hereof";

11) Article 283 shall be amended by adding a new part of the following

contents after part two:

"The resolution on a case of an administrative violation in the field

of the road traffic safety assurance registered automatically must

contain the following details in addition to the data referred to in

part two of this article: details of the date, the time and the place

of commitment of the administrative violation; the vehicle data

recorded at the time of the commitment of the violation (the brand, the

model, the plate number); the data about the technical equipment item

used to take the photograph or make the video record, and the date of

the last calibration of the said equipment item; the address of the web

site, on which the person can see the photograph or the video of the

vehicle at the time of the administrative violation, and the

identification details required to access the information in question;

the amount of the penalty and the procedure of the payment thereof. The

resolution shall be supported with a photograph of the vehicle with the

depiction of its plate number made automatically at the time of the

administrative violation".

In connection with this, parts three to eight shall be deemed parts

four to nine respectively;

12) Article 285 shall be amended by adding part nine of the following

contents:

"The specific features of sending a resolution on an administrative

infraction in the field of the road traffic safety assurance registered

automatically shall be defined by this Code";

13) in Article 288:

in part one:

item 3 shall be set forth in the following wording:

"3) a resolution of another agency (officer) on the imposition of an

administrative penalty, other than a resolution on a case of an

administrative violation in the field of the road traffic safety

assurance registered automatically: before a superior agency (superior

officer), or before a raion, city raion, city or city/raion court in

accordance with the procedure prescribed by the Administrative Court

Procedure Code of Ukraine subject to the specific features prescribed

hereby;

7

new item 4 of the following contents shall be added:

"4) a resolution on the imposition of an administrative penalty, other

than a resolution on a case of an administrative violation in the field

of the road traffic safety assurance registered automatically: before a

raion, city raion, city or city/raion court in accordance with the

procedure prescribed by the Administrative Court Procedure Code of

Ukraine subject to the specific features prescribed hereby";

part three after the words "imposition of an administrative penalty"

shall be amended by adding the words "except for a resolution on a case

of an administrative violation in the field of the road traffic safety

assurance registered automatically";

part four shall be deleted;

14) the first sentence of Article 289 shall be amended by adding the

words "or, in respect of a resolution on a case of an administrative

violation in the field of the road traffic safety assurance registered

automatically, within ten days of receipt of such a resolution";

15) in Article 291:

part one after the words "of this Code" shall be amended by adding the

words "resolutions on cases of administrative violations in the field

of the road traffic safety assurance registered automatically";

part two of the following contents shall be added:

"A resolution on a case of an administrative violation in the field of

the road traffic safety assurance registered automatically shall come

into legal effect on expiry of the resolution dispute period";

16) in Article 307:

part one after the words "resolution on imposing a penalty" shall be

amended by adding the words "or, in respect of a resolution on a case

of an administrative violation in the field of the road traffic safety

assurance registered automatically, within ten days of receipt of such

a resolution";

the article shall be amended by adding a new part of the following

contents after part one:

"If the person pays fifty per cent of the penalty specified in a

resolution on the imposition of a penalty in a case of an

administrative violation in the field of the road traffic safety

assurance registered automatically within five days of receipt thereof,

the resolution shall be deemed enforced".

In connection with this, parts two and three shall be deemed to be

parts three and four respectively.

2. 3) in the Administrative Court Procedure Code of Ukraine (Vidomosti

Verkhovnoyi Rady Ukrayiny, 2005, issue 35-37, page 446):

8

1) part two of Article 71 shall be amended by adding the words "except

for cases covered with part three of Article 171-2 of this Code";

2) Article 171-2 shall be amended by adding part three of the following

contents:

"3. In cases of administrative violations in the field of the road

traffic safety assurance registered automatically (using the technical

equipment making it possible to take photographs and/or make video

records without the involvement of an operator), the burden of proof of

the existence of circumstances referred to in part four of Article 14-2

of the Administrative Misdemeanour Code of Ukraine shall be vested in

the plaintiff".

3. Item 12 of part one of Article 10 of the Law of Ukraine "On Militia"

(Vidomosti Verkhovnoyi Rady URSR, 1991, issue 4, page 20 as

subsequently amended) after the words "to issue appropriate documents"

shall be amended by adding the words "to keep automated record of

administrative violations placed under the competence of internal

affairs agencies".

4. In the Law of Ukraine "On Road Traffic" (Vidomosti Verkhovnoyi Rady

Ukrayiny, 1993, issue 31, page 338):

1) part five of Article 29 shall be set forth in the following wording:

"The participation of vehicles with the steering wheel on the right and

vehicles that lack identification numbers in the road traffic shall be

disallowed. The procedure of the application of special individual

numbers or the duplication of the primary vehicle identification

numbers shall be specified by the Cabinet of Ministers of Ukraine";

2) part one of Article 52-1 after paragraph six shall be amended by

adding a new paragraph of the following contents:

"the automatic registration of violations (using technical equipment

making it possible to take photographs and/or make video records

without the involvement of the operator), and the notification of road

traffic participants about the same".

In connection with this, paragraphs seven to sixteen shall be deemed to

be paragraphs eight to seventeen respectively;

3) new Article 53-1 of the following contents shall be added:

"Article 53-1. Liability for Violations in the Field of the Road

Traffic Safety Assurance Registered Automatically

The liability for the violations in the field of the assurance of the

road traffic safety registered automatically (using technical

facilities making it possible to take photographs and/or making video

records without the involvement of an operator) shall be borne by the

individual, in whose name the vehicle is registered. If the vehicle is

registered in the name of a legal entity, the individual who drove the

vehicle at the time of the violation shall be drawn to the liability.

The procedure of the identification of such an individual shall be

9

specified in the Administrative Violations Code of Ukraine. If a

vehicle is registered outside the territory of Ukraine and is not

subject to the state registration in Ukraine in accordance with the

legislation, the person, who or which has imported the vehicle in

question into the territory of Ukraine, shall be drawn to the

administrative liability.

The information about the committed violation shall be transmitted from

the technical equipment item, which registered a violation

automatically, directly to information processing centres to be

established as a part of the unit of the Ministry of Internal Affairs

of Ukraine in charge of the assurance of the road traffic safety on the

basis of an order of the Ministry of Internal Affairs of Ukraine.

An officer of the unit of the Ministry of Internal Affairs of Ukraine

in charge of the assurance of the road traffic safety shall identify

the individual referred to in part one of this article on the basis of

data from the automated information system of the said unit. The

automated information system shall also support the compilation of

procedural documents to be signed by the officer of the unit of the

Ministry of Internal Affairs of Ukraine in charge of the assurance of

the road traffic safety and sent to the individual or the chief

executive officer of the legal entity, in whose name the vehicle is

registered, together with the photograph of the said vehicle at the

time of the commitment of the violation.

The photograph and/or the video record of the vehicle at the time of

the commitment of the violation shall also be placed on the web site

specified by the Ministry of Internal Affairs of Ukraine with the

access thereto to be provided to the person to be made liable.

The individual drawn to the liability for violations in the field of

the road traffic safety assurance registered automatically shall be

guaranteed the right to relief in court in accordance with the

procedure prescribed by the procedural law.

The procedure of drawing to the liability for violations in the field

of the road traffic safety assurance registered automatically shall be

specified by the Administrative Violations Code of Ukraine.

The procedure of the operation of the automated information system of

the unit of the Ministry of Internal Affairs of Ukraine in charge of

the assurance of the road traffic safety shall be specified with an

order of the Ministry of Internal Affairs of Ukraine".

II. Final Provisions

1. This Law shall become effective in 30 days of its publication.

2. Within one month of the publication of this Law, the Cabinet of

Ministers of Ukraine shall:

cause regulatory and legal acts needed for the implementation of

provisions of this Law to be adopted;

bring its regulatory and legal acts into conformity with this Law;

10

cause ministries and other central executive agencies to bring their

regulatory acts into conformity with this Law.


City of Kyiv,

January 16, 2014,

# 723-VII

Annex 7: Law of Ukraine on Amendment of the Rules of Procedure of the Verkhovna Rada (Parliament) of Ukraine

LAW OF UKRAINE

On Amendment of the Rules of Procedure of the Verkhovna Rada

(Parliament) of Ukraine

The Supreme Council (Parliament) of Ukraine RESOLVES hereby as follows:

1. The Rules of Procedure of the Verkhovna Rada (Parliament) of Ukraine

approved by the Law of Ukraine "On Rules of Procedure of the Verkhovna

Rada (Parliament) of Ukraine" (Vidomosti Verkhovnoyi Rady Ukrayiny,

2010, issue 14-17, page 133 as subsequently amended) shall be amended

as follows:

1) part four of Article 218 shall be set forth in the following

wording:

"4. The request for the consent to the criminal prosecution, the

detainment or the arrest of a people's deputy (member of parliament)

shall be included into the agenda of a session of the Verkhovna Rada as

a matter of priority and without voting; it shall be considered as a

matter of priority at a plenary session of the Verkhovna Rada without

the provision of opinions by committees of the Verkhovna Rada within

the time frame prescribed hereby";

2) part four of Article 219 shall be set forth in the following

wording:

"1. The Chairman of the Verkhovna Rada (Parliament) of Ukraine shall

invite the people's deputy, in whose respect the request for the

consent to the criminal prosecution, the detainment or the arrest has

been submitted, to provide written clarifications within three days of

the submission of the request in question; the said clarifications

shall be issued to people's deputies one day prior to the consideration

of the said issue at the plenary session of the Verkhovna Rada

(Parliament) of Ukraine at the latest;

3) in Article 220:

in the name, the words "to the criminal prosecution, the detainment or

the arrest" shall be replaced with the words "to the detainment or the

arrest of a judge of the Constitutional Court of Ukraine or a judge of

a court of general jurisdiction";

the first sentence of part one shall be set forth in the following

wording:

"1. The committee requested to provide opinion on the issue of granting

the consent to the detainment or the arrest of a judge of the

Constitutional Court of Ukraine, a judge of a court of general

jurisdiction shall determine the sufficiency, the legality and the

soundness of the request, the legality of the obtainment of evidence

referred to in the request in accordance with the law, and ascertain

the existence of the relevant complaints";

part two shall be set forth in the following wording:

"2. The Presiding Judge of the Supreme Court of Ukraine (the Acting

Presiding Judge of the Supreme Court of Ukraine) shall take part in

sessions of the committee";

in part four, the words "or to the Prosecutor General of Ukraine

respectively" shall be deleted;

4) in Article 221:

in part one, the words "the detainment or the arrest of a judge of the

Constitutional Court of Ukraine, a judge of a court of general

jurisdiction on the day specified thereby, but" shall be replaced with

the words "on the day specified thereby, but not later than five days

of the issue thereof, while the request for the detainment or the

arrest of a judge of the Constitutional Court of Ukraine or a judge of

a court of general jurisdiction —";

part two after the words "about the received request" shall be amended

by adding the words "or, in respect of a judge of the Constitutional

Court of Ukraine or a judge of a court of general jurisdiction, also

about";

items 1 and 2 of part three shall be set forth in the following

wording:

"1) to the Prosecutor General of Ukraine (the deputy Prosecutor General

of Ukraine nominated by him or her) or the Presiding Judge of the

Supreme Court of Ukraine for answering questions of representatives of

parliamentary factions (parliamentary groups) and people's deputies;

2) to the people's deputy (his or her authorised representative), the

judge of the Constitutional Court of Ukraine, the judge of a court of

general jurisdiction, in whose respect the request has been submitted,

for the clarification";

part four shall be set forth in the following wording:

"4. If it is ascertained at the plenary session of the Verkhovna Rada

that the person, in whose respect the request has been submitted,

refuses to provide clarifications or is absent from the plenary session

of the Verkhovna Rada, and subject to the timely notification of the

said person, the Verkhovna Rada shall consider the issue of granting

the consent to the criminal prosecution, the detainment or the arrest

without the person's clarifications or in the person's absence";

the article shall be amended by adding part ten of the following

contents:

"10. The right to defence shall be secured to the people's deputy to

the full extent in accordance with the procedure specified by the

Criminal Procedural Code of Ukraine and other laws".

2. This Law shall become effective from the day following the date of

its publication.


City of Kyiv,

January 16, 2014,

# 724-VII

Annex 8: Law of Ukraine on Introduction of an Amendment to the Law of Ukraine "On Free

Legal Aid" in Respect of the Postponement of the Effectiveness of Provisions of Item 6 of Section VI "Final and Transitional Provisions"

LAW OF UKRAINE

On Introduction of an Amendment to the Law of Ukraine "On Free Legal

Aid" in Respect of the Postponement of the Effectiveness of Provisions

of Item 6 of Section VI "Final and Transitional Provisions"

The Verkhovna Rada (Parliament) of Ukraine RESOLVES hereby as follows:

1. The words and figures "from January 1, 2014" in paragraph one of

item 6 of Section VI "Final and Transitional Provisions" of the Law of

Ukraine "On Free Legal Aid" (Vidomosti Verkhovnoyi Rady Ukrayiny, 2011,

issue 51, page 577; 2012, issue 16, page 146; 2013, issue 9-13, page

88, issue 21, page 208, issue 27, page 282) shall be replaced with the

words in figures "from January 1, 2015".

2. This Law shall become effective from the day following the date of

its publication.


City of Kyiv,

January 16, 2014,

# 726-VII

Annex 9: Law of Ukraine on Elimination of Negative Consequences and Prevention of the

Prosecution and the Punishment of Individuals with Regard to Events That Have Occurred during Peaceful Rallies

LAW OF UKRAINE

On Elimination of Negative Consequences and Prevention of the

Prosecution and the Punishment of Individuals with Regard to Events

That Have Occurred during Peaceful Rallies

Article 1. Individuals, who have been the participants of protest

actions and mass events, shall be exempted from liability in connection

with their actions and decisions made during the period from

November 21, 2013, to the effective date hereof.

Article 2. All criminal proceedings and administrative misdemeanour

proceedings instituted with regard to the events referred to in Article

1 hereof shall be terminated.

Article 3. No new criminal proceedings and administrative misdemeanour

proceedings with regard to the events referred to in Article 1 hereof

may be instituted.

Article 4. Individuals drawn to the criminal liability or the liability

for administrative infractions with regard to the events referred to in

Article 1 hereof shall be exempted from the liability and shall be

declared not to have been convicted or drawn to the liability for

administrative infractions. Authorised agencies shall make decisions

arising from this Law within 10 days of the effective date of this Law.

Article 5. This Law shall come into effect from the day following the

date of its publication.


City of Kyiv,

December 19, 2013,

# 712-VII