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Ukraine
Ukrainian Legislation on Fraud, Corruption, Money Laundering or Asset Tracing Issues:
Below are the links to the main Ukrainian laws addressing the issues of fraud, corruption, money laundering and asset tracing. Ukraine is also a party to a number of bilateral treaties and international agreements related to the above issues. Provision of such treaties and agreements duly ratified by Parliament are part of Ukrainian legislation as well.
Constitution of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=254%EA%2F96-%E2%F0
Criminal Code of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2341-14
Code of Criminal Procedure of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1001-05
Criminal Execution Code of Ukraine:
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1129-15
Civil Code of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=435-15
Code of Civil Procedure of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1618-15
Commercial Code of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=436-15
Code of Commercial Procedure of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1798-12
Tax Code of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2755-17
Customs Code of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=92-15
Code of Ukraine on Administrative Offences:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=80732-10
Code of Administrative Procedure of Ukraine:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2747-15
Law of Ukraine “On the Prevention and Counteraction of the Legalization (Laundering) of Income, Obtained by Illegal Means, or the Financing of Terrorism”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=249-15
Law of Ukraine “On the Principles of Prevention and Counteraction of Corruption”:
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=3206-17
Law of Ukraine “On Public Prosecutor's Office”:
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1789-12
Law of Ukraine “On Operative Investigation Activity”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2135-12
Law of Ukraine “On Organizational and Legal Principles of Fight with Organized Crime”
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=3341-12
Law of Ukraine “On Militia”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=565-12
Law of Ukraine “On Security Service of Ukraine”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2229-12
Law of Ukraine “On the State Border Guard Service of Ukraine”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=661-15
Law of Ukraine “On Banks and Banking Activity”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2121-14
Law of Ukraine “On the Renewal of Debtor Solvency or the Recognition of its Bankruptcy”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2343-12
Law of Ukraine “On Citizens’ Appeals”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=393%2F96-%E2%F0
Law of Ukraine “On Information”:
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2657-12
Law of Ukraine “On Protection of Personal Data”:
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2297-17
Law of Ukraine “On Access to Public Information”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2939-17
Law of Ukraine “On Licensing of Certain Types of Economic Activity”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1775-14
Law of Ukraine “On Judicial System of Ukraine and the Status of the Judges”:
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=2453-17
Law of Ukraine “On Enforcement Proceeding”:
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=606-14
The above laws are available only in Ukrainian for the most part. In some cases English language version is in place fully, partially or in the form of summary.
Ukrainian Authorities:
President of Ukraine: http://www.president.gov.ua/
Government of Ukraine: http://www.kmu.gov.ua/
Parliament of Ukraine (Verkhovna Rada): http://portal.rada.gov.ua/rada/
Prosecutor General's Office of Ukraine: http://www.gp.gov.ua/
State Security Service of Ukraine: http://www.sbu.gov.ua/
Ministry of Justice of Ukraine: http://www.minjust.gov.ua/
Ministry of Foreign Affairs of Ukraine: http://www.mfa.gov.ua/
Ministry of Internal Affairs of Ukraine: http://www.mvs.gov.ua/
State Tax Service of Ukraine: http://www.sta.gov.ua/
State Customs Service of Ukraine: http://www.customs.gov.ua/
State Service for Financial Monitoring of Ukraine: http://www.sdfm.gov.ua/
Judicial System of Ukraine: http://www.court.gov.ua/
V. Other useful resources:
I. Ukrainian Judgments Search
State Registry of the Court Decisions of Ukraine:
http://www.reyestr.court.gov.ua/ - the registry contains electronic copies of the certain court decisions rendered by the courts of general jurisdictions in Ukraine.
The registry is open to public free of charge.
II. Company Search
1. Unified State Registry of Enterprises and Organizations of Ukraine:
http://irc.gov.ua/ua/Poshuk-v-YeDR.html - the registry contains the basic information related to all legal entities, their representative offices and branches registered in Ukraine.
Registry of Participants of Stock Market (including issuers, traders, depositaries etc):
http://smida.gov.ua/db/emitent - the registry includes information related to the above mentioned companies submitted to the State Securities and Stock Market Commission.
The registry is open to public free of charge.
2. Official website of the State Commission for Regulation of Financial Services Markets of Ukraine (http://www.dfp.gov.ua/1050.html) lists a number of state registers and list of the companies, including:
State Registry of Financial Institutions (insurance companies, credit unions, financial companies, non-state pension funds etc.);
State Registry of Auditors Entitled to Conduct Audit of Financial Institutions;
State Registry of Insurance and Reinsurance Brokers;
List of Insurance and/or Reinsurance Non-Residents Brokers;
Unified Registry of Credit History Bureaus.
The registries are open to public free of charge.
3. Official website of the State Service of Financial Monitoring of Ukraine (http://www.sdfm.gov.ua/) provides for the List of Persons Related to Terrorist Activities or Persons to Whom International Sanctions Are Applied (the above list shall be updated regularly).
III. Registries Administrated by Information Center (state enterprise of the Ministry of Justice of Ukraine)
1. Unified State Registry of Enforcement Proceedings (information about registry is available at http://www.informjust.ua/section/registers_11). The registry includes data related to the enforcement proceedings carried out by State Enforcement Service and its divisions.
The registry is not open to public. Information from the registry regarding opened enforcement proceedings (including completed) against debtors (individuals-entrepreneur and legal entities) in the form of shortened extract is issued at request of any individual or legal entity. Full extract is issued at the queries of the parties to enforcement proceedings. The respective fee is charged.
Parties to the enforcement proceedings are also entitled to seek, view, copy and print out all the documents and information related to the respective proceeding at https://trade.informjust.ua/.
In addition, any and every individual or legal entity can access (twenty-four-hour and free of charge) information regarding auctions and assets disposed in the course of enforcement proceeding at https://trade.informjust.ua/.
2. State Registry of Acts of Civil Status of Individuals (information about registry is available at http://www.informjust.ua/section/registers_20). The registry contains information on acts of civil status, their changes and amendments, issued certificate regarding registration of acts of civil status and extract from it.
The registry is not open to public. Divisions of registration of acts of civil status issue the extracts from the registry to individuals (save to certain instances, fee is charged) and law enforcement and other state bodies in the stipulated by law instances (free of charge).
3. Unified Registry of Notaries (available at http://ern.informjust.ua/pages/default.aspx). The registry contains information regarding the state and private notaries throughout Ukraine and is open to public free of charge. Its web-site is maintained by Information Center.
4. Unified Registry of Powers of Attorney (information about registry is available at http://www.informjust.ua/section/registers_18). The registry contains information regarding POAs issued (including duplicates) and their cancellation. The mandatory incorporation to registry is required for all notarized POAs and all POAs granting the right to dispose property certified by officers of the municipal authorities.
The registry is not open to public. State and private notaries and Information Center issue shortened extract (includes information of the date of POA certification, its term, its cancelation etc) at the request of any individual or legal entity. The respective fee is charged. The full extract is issued by state and private notaries and Information Center to notaries or persons parties to POAs and by Information Center to the law enforcement bodies in instances prescribed by law.
5. Heritage Registry (information about registry is available at http://www.informjust.ua/section/registers_16). The registry contains data related to all wills and heritage agreements certified within the territory of Ukraine and will and heritage agreement (but only upon individual request) registered (made, deposited) in other countries under the Convention on the Establishment of a Scheme of Registration of Wills; as well as information regarding opened heritage cases and issued Heritage Certificates.
The registry is not open to public. State and private notaries (in certain cases Information Center) issue the extracts (to the interested persons and for the respective fee) and information summaries (to the law enforcement bodies) in instances prescribed by law.
6. State Registry of Agreements (information about registry is available at http://www.informjust.ua/section/registers_14). The registry includes data regarding agreements subject to state registration (for example, real estate sale and purchase agreement).
The registry is not open to public. State and private notaries issue extract at request of the parties to agreement (the respective fee is charged) and at the queries of law enforcement and other state bodies in instances stipulated by law.
7. State Registry of Encumbrances of Movable Property (information about registry is available at http://www.informjust.ua/section/registers_15). The registry contains information regarding occurrence, modification and cancellation of encumbrances as well as data with respect to levy on subjects of encumbrances.
The registry is not open to public free of charge. At the request of any individual or legal entity registrars (for instance, notaries, banks) issue the extract containing information related to existence of encumbrance, its modification, cessation of right over subject of encumbrance. The respective fee is charged. In addition, individuals and legal entities have a right to access the registry via unified computer database if respective agreement with Information Center is in place.
Law enforcement and other state authorities have a right to receive the extracts in the instances prescribed by law (free of charge).
8. Registry of Property Rights to Real Estate (information about registry is available at http://www.informjust.ua/section/registers_8). The registry includes data on registered property rights (for example title, lease), holders of the rights, real estate objects (except of the land plots), objects of unfinished construction; title documents and documents on the basis of which the state registration of the property rights was completed.
The registration is carried out by Bureaus of Technical Inventory (at location of respective real estate).
The registry is not open to public. Bureaus of Technical Inventory issue the extracts from registry (on a paid basis) only to owners, users (their heirs or successors) of respective real estate or their representatives.
In prescribed by law instances Bureaus of Technical Inventory issue the extracts from registry (free of charge) to the law enforcement and other state or municipal authorities.
9. Unified Registry of Bans on Alienation of Real Estate (information about registry is available at http://www.informjust.ua/section/registers_2). The registry contains information regarding bans on alienations of real estate (including land plots) and arrests of real estate in force; deletion of records related to such bans and arrests; information regarding temporary reservation (limitation) with respect to real estate and deletion of records related to such reservation (limitation). State and private notaries, state notary archives and Information Center and its divisions (in certain instances) act as the registrars and carry out state registration of the above data.
The registry is not open to public free of charge. The registrars issue the extract (on a paid basis) at request of any individual or legal entity in electronic or hard copy. In addition, individuals and legal entities have a right to access the registry via unified computer database if respective agreement with Information Center is in place.
Law enforcement and other state authorities have a right to receive the extracts from registry in the instances prescribed by law (free of charge).
10. State Registry of Mortgages (information about registry is available at http://www.informjust.ua/section/registers_12). The registry includes data regarding mortgages over real estate, cessation of right under mortgages agreements, transfer, withdrawal, issuance of duplicate of mortgage deed and issuance of new mortgage deed. State and private notaries act as the registrars and carry out of state registration of the above data.
The registry is not open to public free of charge. The registrars issue the extract (on a paid basis) at request of any individual or legal entity.
Law enforcement and other state authorities have a right to receive the information summaries from registry in the instances prescribed by law (free of charge). State Registry of Financial Institutions (insurance companies, credit unions, financial companies, non-state pension funds etc.);