The Cabinet of Ministers has proposed improvements to the Bureau of Economic Security regarding the grounds for dismissal of the head and the term of certification of BES employees
Kyiv • UNN
The Cabinet of Ministers has proposed changes to improve the Bureau of Economic Security, including clarifying the grounds for dismissal of the BES director, requiring polygraphs for appointments, and mandatory certification of deputies one year after the end of martial law. The draft law also aims to expand the BES's investigative powers in relation to certain financial crimes and limit inspections of private enterprises.
The draft law proposes to stipulate requirements for members of the competition commission for the election of the director of the Bureau of Economic Security of Ukraine (BES) and the mandatory use of a polygraph before appointment to the position in the agency.
This was reported by UNN with reference to Telegram by Taras Melnychuk, a representative of the Cabinet of Ministers in the Verkhovna Rada.
Details
The Cabinet of Ministers of Ukraine registered in the Verkhovna Rada of Ukraine the Draft Law "On Amendments to the Law of Ukraine "On the Bureau of Economic Security of Ukraine" (No. 10439)
The Draft Law proposes the following amendments and proposals:
Clarify the grounds for dismissal of the Director of the Bureau of Economic Security of Ukraine;
Provide requirements for members of the competition commission for the election of the Director of the Bureau of Economic Security of Ukraine. In particular, their rights and obligations and the procedure for making decisions.
Mandatory certification of deputy directors of the Bureau of Economic Security of Ukraine: one year after the termination or lifting of martial law, certification of employees of the Bureau of Economic Security of Ukraine.
Conducting an external independent assessment (audit) of the effectiveness of the Bureau of Economic Security of Ukraine - to clarify the rights and obligations of its members; to determine that the members may be financed by attracting international technical assistance.
Also, the Draft Law "On Amendments to the Criminal Procedure Code of Ukraine and Other Legislative Acts on Improving the Work of the Bureau of Economic Security of Ukraine" (10440) was registered.
The Draft Law proposes:
To supplement Article 41 with provisions providing for the provision of written orders for investigative (detective) actions to detective units or operational and technical units in criminal proceedings. However, with the exception of covert investigative (detective) actions, a detective of the Bureau of Economic Security of Ukraine or a prosecutor;
Amend Article 165 to improve the procedure for enforcing the decision of an investigating judge or court on temporary access to the belongings and documents of a business entity. In this regard, it should provide that the said ruling is executed in the presence of a representative of the Business Ombudsman Council.
Similar amendments are proposed to be made to part one of Article 236 of the CPC, the provisions of which relate to the execution of a ruling by an investigating judge or court authorizing a search of another property of a business entity, which is carried out in the presence of a representative of the Business Ombudsman Council.
Also, amendments to 216 of the CPC - pre-trial investigation of criminal offenses (201, 305 of the Criminal Code), which are under the jurisdiction of security investigative bodies, are supposed to be assigned to the jurisdiction of the Bureau of Economic Security;
Amendments to Article 214 of the CPCU to clarify the persons authorized to accept and register applications and reports of criminal offenses in the pre-trial investigation body;
In addition, changes:
Granting the bodies of the Bureau of Economic Security of Ukraine and the National Anti-Corruption Bureau of Ukraine, within their competence, the exclusive right to raise, in accordance with the procedure established by law, the issue of conducting inspections of financial and economic activities of enterprises (...) engaged in entrepreneurial activity or other types of economic activity individually, and to participate in their conduct;
Exclusion of the National Police of Ukraine and the Security Service of Ukraine from the list of state financial control bodies is provided for in the Law "On the Basic Principles of State Financial Control in Ukraine";
Also, the Law of Ukraine "On Organizational and Legal Framework for Combating Organized Crime" provides for the right of special bodies to provide written instructions to controlling and/or customs authorities on the basis of the Law of Ukraine "On Organizational and Legal Framework for Combating Organized Crime".
