The Law of Ukraine

On Organizational Legal Principles of Struggle against the Organized Crime

Date of Entry into Force:
August 17, 1993

According to Article 1 of the Law, the organized crime is a totality of crimes committed due to creation and activity of organized criminal groups. 

The system of state bodies which struggle against the organized crime is formed by:
  • the state bodies specially created for struggle against the organized crime (special subdivisions on struggle against the organized crime of the Ministry of Internal Affairs and the Security Service of Ukraine);
  • the state bodies which take part in struggle against the organized crime within the limits of the imposed on them other main functions (bodies of internal affairs of Ukraine and Security Service of Ukraine, except the above mentioned; bodies of the Office of General Prosecutor of Ukraine; customs bodies and bodies of the State Frontier Service of Ukraine; bodies of State Tax Service and State Control Auditing Service; penitentiary bodies and establishments; intelligence body of the Ministry of Defense of Ukraine).

According to Article 6 of the Law, basic directions of struggle against the organized crime are:
  • creation of legal basis, organizational, material technical and other conditions for effective struggle against the organized crime, organization of international co-operation in this field;
  • reveal and elimination or neutralization of negative social processes and phenomena which cause the organized crime and facilitate it;
  • prevention of formation of the organized criminal groups;
  • prevention of establishment of corrupted relations with officials and public servants, of their involvement in criminal activity etc.

Chapter III of the Law determines authorities of special subdivisions on struggle against the organized crime of bodies of internal affairs, Security Service of Ukraine and their staff.

On the basis of Article 13 of the Law during struggle against the organized crime special subdivisions on struggle against the organized crime in bodies of internal affairs and Security Service of Ukraine shall have the right to use staff and secret agents who are not in the permanent staff. Such agents are introduced in the organized criminal groups under the cover of legend.

For conducting measures on struggle against the organized crime special subdivisions in bodies of internal affairs and Security Service of Ukraine have the right to co-operate with participants of the organized criminal groups. A participant of the organized criminal group may be partially or fully freed from criminal responsibility and punishment, if in the course of operational investigation activity, preliminary investigation or court consideration of the cases he promotes reveal of the organized criminal groups and committed by them crimes, bringing the guilty to responsibility, compensation of damage to natural persons, legal entities and state.

Article 15 of the Law permits to special subdivisions of bodies of internal affairs and Security Service of Ukraine to use special technical means by prior obtaining the general prosecutor's sanction in cases of:
  • control, recording and writing down of conversations and other actions of persons, if there are reasons to consider them participants of the t organized criminal activity;
  • recording and writing down the fact of telephone conversation between the citizens, sending letter or telegraph message without breaking secret of the telephone conversation, letter or telegraph message;
  • ensuring personal, accommodation and property security to the employees of special subdivisions of bodies of internal affairs and Security Service of Ukraine, participants of criminal legal proceedings, their immediate relatives with their consent, in case of danger of causing them harm due to their participation in struggle against the organized crime.

Chapter V of the Law is devoted to co-operation of special subdivisions on struggle against the organized crime and other bodies of state power.

Struggle against the organized crime, as well as its material technical provision shall be financed from the State Budget of Ukraine.

Guarantees of rights and legal interests to citizens and legal entities during taking measures on struggle against the organized crime are set by Article 22 of the Law.

Control over adherence to laws in the sphere of struggle against the organized crime, as well as over spending funds allocated for these purposes shall be carried out directly by the Verkhovna Rada of Ukraine, as well as by the committee of the Verkhovna Rada of Ukraine on struggle against the organized crime and corruption.

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