Details of the creation of the National Bureau of Financial Security of Ukraine are announced

Submitted by bashun on Thu, 03/22/2018 - 11:45

The Verkhovna Rada proposes to establish the National Bureau of Financial Security of Ukraine. This is stated in the bill number 8157 of 19.03.2018 "On the National Bureau of Financial Security of Ukraine", reports AgroPolit.com.

The authors of the bill are Nina Yuzhanina, Maksym Kuriachyi, Artur Herasymov, Ruslan Lukianchuk, Viktor Korol.

According to the explanatory note, the purpose of the law is to create an organizational and legal framework of the National Bureau of Financial Security of Ukraine, which main task is to ensure the financial security of the state.

In the explanatory note to the draft Law of Ukraine "On the National Bureau of Financial Security of Ukraine" there are 13 conceptual provisions:

1. The task of the National Bureau of Financial Security of Ukraine is to ensure the financial security of the state by protecting public finances at the entrance to the budget, allocating budget resources, combating the laundering of proceeds from crime, and identifying assets obtained from suspected economic crimes.

2. Independence of the National Bureau of Financial Security of Ukraine from all state institutions in order to minimize corruption risks and to avoid influence on the activities of the bureau of all state bodies and their officials directly or indirectly involved in the procedures for filling the state budget and/or allocating and using its funds.

3. In order to protect business from unreasonable interference in economic activities, unreasonable criminal prosecution and to reduce corruption risks, the grounds for initiating criminal proceedings on articles relating to the National Bank's financial security jurisdiction (the consistency of unpaid budget obligations, the availability of an analytical report on the commission of an appropriate criminal offense).

4. Accountability of the National Bureau of Financial Security of Ukraine to the Verkhovna Rada of Ukraine and the President of Ukraine.

5. Establishment of the exclusive jurisdiction of the National Bureau of Financial Safety of Ukraine crimes related to the protection of public finances.

6. Competitive system of selection of candidates for all positions in the National Bureau of Financial Security of Ukraine, except for posts in the offices of the bureau.

7. Legislative consolidation of the right of the National Bureau to form its own and gain access to information resources of other state bodies with the purpose of analyzing the information available in them, online monitoring of risks and provision of analytical products by pre-trial investigation bodies, forming recommendations for authorities of all levels in case of risk identification creation of the basis for the development of negative trends in public finance.

8. Formation of the process of pre-trial investigation on the basis of the ILP model (Intelligence Led Policing), managed by analytics. The system of risk and threat analysis is based on the example of European experience as the basis for the process of making managerial decisions.

9. The National Bureau of Financial Security of Ukraine is entrusted with the implementation of criminal procedural, operational-search and administrative functions.

10. The model for combating criminal manifestations will include:

a) combating systemic criminal manifestations in the economic sphere by:

detection, investigation of crimes and prosecution of members of organized criminal groups involved in the functioning of sectoral, intersectoral and transnational criminal schemes in the field of public finance;

destruction of already created schemes of theft of budget funds at all levels and the criminal infrastructure serving such schemes;

preparation of recommendations to the authorities on elimination of financial and legal grounds for the development of negative trends and phenomena in the sphere of public finance, as well as certain criminal schemes in the relevant sphere of the economy;

b) the introduction of institutes with a special order of criminal prosecution in the economic sphere aimed at encouraging voluntary payment of taxes, taking into account the fact that the person is compensated for losses caused by the state or community and refraining from further committing similar crimes;

c) the introduction of a special procedure for registering in the Unified Register of Pre-Trial Investigations applications and reports on the commission of criminal offenses attributed to the National Bureau of Financial Safety of Ukraine;

11. The system of retraining and advanced training of employees of the National Bureau of Financial Security of Ukraine, who must have a basic higher education, will be implemented in the training center. The educational process at the same time is integrated into practical activity: at the initial stage - with the assistance of Western experts, with their gradual replacement by their own specialists. Training will be conducted in the form of trainings with the delivery of intermediate and final qualification exams and the right to perform certain functions specified by the competence of the established post.

12. The National Bureau of Financial Security of Ukraine is created as a new body with exclusive competence in combating economic crimes. Its creation will take place regardless of the course of liquidation of the tax militia, but will be accompanied by a partial restriction of the competence of the National Police of the Ministry of Internal Affairs of Ukraine and the National Security Agency in the fight against crimes in the economic sphere.

13. The bill provides that the total number of employees of the National Bureau of Financial Security of Ukraine can not exceed 4 thousand people. That is, depending on the state of the criminogenic situation in the country's economy, the total number of employees may be less than the limit specified in the bill.

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