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Explanatory note to the draft law of Ukraine No. 2179 dated 09/25/2019 on preventing and counteracting the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction

Верховная Рада приняла в первом чтении законопроект №2179 о финмониторинге и противодействии отмыванию денег

Explanatory note to the draft law of Ukraine of September 25, 2019 No. 2179

Review date: 09/25/2019


to the bill "On the Proof of Legalization and Legalization (income) of income, possessed by a wicked hat, financing of the Terrorism and financing of the rozpovyushennya zbroї mass znischennya"

Meta: access to the legal system of Ukraine in the sphere of legal protection of income and financial stability and widespread social protection to the criteria for European Union membership.

1. Pіdstava rozbroblennya draft act

Zakonoproєkt rozrobleno on vikonannya paragraph 26 of the plan zahodіv for 2017 - 2019 Rocky s realіzatsії Strategії rozvitku sistemi zapobіgannya that protidії legalіzatsії (vіdmivannyu) dohodіv, possession zlochinnim Shlyakh fіnansuvannyu terorizmu that fіnansuvannyu rozpovsyudzhennya zbroї masovogo znischennya on perіod to 2020 roku, zatverdzhenogo rozporyadzhennyam Uryadov od 30.08 .2017 N 601-p ; point 35 and 586 of the plan of the entry to the Law of the Good about the association of Ukraine, one side, that of the European Union, the European Union of goods from the atomic energy and the other states, of which there are 10 states ; clause 36e of the Memorandum of Understanding between Ukraine and the IMF and the Method of Implementation of the Fourth Directive (ЄС) 2015/849, “On acquisiting of the financial system for the introduction of pennies and financial regulation, 2015/7” penny say "I have won the key minds for donation by the European Union of Ukraine in the new season of 2019 another tranche of macro-financial assistance with a 500 million euro prize."

2. Obґruntuvannya neobhodimosti accept act

Vіdpovіdno to please the pro asotsіatsіyu mіzh With Ukraine that Єvropeyskim Union , Єvropeyskim spіvtovaristvom of atomnoї energії i їhnіmi powers Member neobhіdno zabezpechiti іmplementatsіyu vіdpovіdnih mіzhnarodnih standartіv, zokrema standartіv GROUP of rozrobki fіnansovih zahodіv Borotba of vіdmivannyam pennies that fіnansuvannyam terorizmu (FATF), and takozh standartіv, Equivalent types, like boules adopted by the Union.

The European Parliament and the European Union Council 20 May 2015, by the way of the legislative acts of the European Union and the International Standards of the European Union and the United States of America, 2015 I want to hear about the financial system for the development of pennies and financial terrorism "that they grabbed Regulation ()С) 2015/847" About information, but superconducting pennies. "

In zv'yazku of CIM, of metoyu dosyagnennya vіdpovіdnostі pravovoї Systems of Ukraine in sferі protidії vіdmivannyu dohodіv that fіnansuvannyu terorizmu i rozpovsyudzhennya zbroї masovogo znischennya of urahuvannyam kriterіїv scho visuvayutsya Єvropeyskim Union (ЄS) to powers SSMSC toil Namir vstupiti, natsіonalne zakonodavstvo potrebuє for Change .

Most of the provisions of the Directive (ЄС) 2015/849 and Regulation (ЄС) N 2015/847 are implemented in the laws of Ukraine, the law is protected by the Law of Ukraine “On acquiring and protecting legal income, increasing the amount of money needed knowledge " (dalі - Law), which is fragmented on the basis of the FATF recommendation. The process of implementation of meaningful acts ЄС is not completed.

I will take a look at the draft law, the Ministry of Finance of Ukraine has prepared a draft law “On acquiring legal protection and income (income), having a malicious grudge, financing and paying off money”.

Draft Law є Similar to a draft law, a certain type of registration for N 9417 dated December 19 , 2018 at the Supreme Council of Ukraine of the VIII click (order), and that preparation for inclusion in the review of the Supreme for the Ukraine IX click at the time of the international proclamation.

3. The essence of the draft act

Proєkt Law spryamovany on udoskonalennya that clarify okremih standards zakonodavstva of power zapobіgannya i protidії legalіzatsії (vіdmivannyu) dohodіv and takozh uzgodzhennya that pokraschannya PROVISIONS zakonodavchih aktіv scho zmіnyuyutsya, zabezpechennya realіzatsії PROVISIONS novih mіzhnarodnih standartіv in sferі protidії vіdmivannyu koshtіv that Borotba of fіnansuvannyam terorizmu.

The draft Law applies comprehensively to the national legislation in the field of financial monitoring, which means:

- reimbursement of the terminology that has been taken into practice in the realm of protection and legalization (income) of income earned by a wicked hat, financing of the day and night of the whole day and night;

- Recognizing the risk-based approach by sub-projects of the initial financial monitoring (SPFM) during the due diligence of their clients and their clients before the case is completed;

- the availability of the threshold sum and the change of sign for the general financial statement about financial operations, about the SPFM (banks, insurers, credit cards, pawns and bills); 'language about financial operations for a sum of more than 400 thousand. UAH (at a rate of 150 thousand hryvnias.) that you’re obligated to receive a reprimand, refusal of money for a cordon, politically significant persons and members of powers, who don’t discourage recommendations from international, middle-aged organizations, that you need to protect your country;

- expansion of the SPFM stake, so be sure to hold financial monitoring of financial operations, - by individuals, to offer information and consulting services for meals;

- Conveniently open the procedure for submission of submissions to the state granting of their own beneficiary owners (controllers) and the improvement of the vimog until the appearance of the SPFM beneficiary beneficiaries of their clients;

- Provision of international instruments for frozen assets and regulation for SPFM assets, which requires financing and financing;

- more convincing legislative aspects, which can be used to increase income from legalization of income earned by a malicious slut;

- a more detailed provision of the law, to protect confidentiality; the fact that the SPFM is excluded from food, the decision and handicap of the State Fund for Financial Monitoring, that, as a rule, the prejudice of the most negative and discriminatory views

- transition to the reporting of pennies for the use of tools for domestic use, the identification and distribution of pennies and the pennant for the settlement of terrorism, as well as for the adjoining calls.

The Draft Law introduces provisions for payment systems:

- Supersupply of groshy rebidding information about the payer and reprimand;

- to ensure that the availability and information of the payer and the payment holder;

- make sure you come in, hide it on the door to get money with pennies, possessed by all kinds of money, get money from legalization, get money, get paid by the way, and have fun.

4. Legal Aspects

At the center of the sphere of suspension of products:

Constitution of Ukraine ;

The Code of Ukraine on administrative law enforcement ;

Criminal Code of Ukraine ;

Criminally Procedural Code of Ukraine ;

Code of Administrative Judicialism of Ukraine ;

Civil Code of Ukraine ;

The Law of Ukraine "On Banks and Banking" ;

The Law of Ukraine "On the fight against terrorism" ;

The Law of Ukraine "On the enormous amount" ;

The Law of Ukraine "On the State Registration of Legal Entities, Physical Entities - Legal Forms of Large Forms" ;

The Law of Ukraine "On the National Bank of Ukraine" ;

The Law of Ukraine “On Ratification of the Convention for Europe on Vidmovannya, Posuk, Awareness and Confidence of Incomes That Have a Malicious Hat, and About Financing Terrorism” ;

The Law of Ukraine "On ratification of the Convention Organizations on National Law against Corruption" ;

The Law of Ukraine "On Insurance" ;

The Law of Ukraine "On the system of guaranteeing investments of physical entities" ;

The Law of Ukraine "On the acquisition and protection of legalization (income) of income, possessed by a wicked gentry, the financing of terrorism and the financing of the promotion of mass entertainment . "

4 1 . Representation of ambushes realized by the authorities of the wielding power of the principles of power politics of digital development

In the draft law, go ahead and implement the principles of the sovereign policy of digital development implemented by the authorities of the vicarious power.

5. Financial and economic obґruntuvannya

Realization of the law does not require additional donations from the sovereign budget of Ukraine.

6. Forecast

Draft Law є Regulatory Act and Legal Principles of the Principles of State Regulatory Policy.

By adopting the draft regulatory act, the law should be given the opportunity to thoroughly organize the primary and sovereign financial monitoring and efficiency and the effectiveness of the legal framework, and the majority of their financial assets are protected.

Realization of the draft law is not upsetting the development of the region, the market, the health of the region, the environment and the natural environment.

6 1 . Strategic Ecological Assessment

The Draft Law does not require the confirmation of documents of the sovereign plan more than once before the Law of Ukraine "On Strategic Ecological Safety".

7. The position of the interested parties

Realization of the draft law is not acceptable for the interests of the population of oktremes (groups) of populations, shared interests, and submissions of state donations.

Draft Law The law does not hinder the supply of functions of the public self-determination, the social and labor sphere and the sphere of science and science and technology.

8. Gromadske negotiation

The draft law will require consultation with the public.

With the help of a huge negotiation, the draft Law was posted on the website of the Ministry of Finance of Ukraine.

9. Position of interested organizations

Proєkt Law pogodzheno Mіnіsterstvom rozvitku Economy, torgіvlі i sіlskogo Gospodarstwa Ukraine, Mіnіsterstvom іnfrastrukturi Ukraine, Natsіonalnim Bank of Ukraine, Natsіonalnoyu komіsієyu, Reigning regulyuvannya scho zdіysnyuє in sferі rinkіv fіnansovih poslug, Natsіonalnoyu komіsієyu of tsіnnih paperіv that Stock market, Natsіonalnim antikoruptsіynim Ukraine office Reigning regulatory by the service of Ukraine, the Sovereign Service of the financial monitoring of Ukraine, the Sovereign Power of the Fatherland Service of Ukraine, the Fund for Guaranteed Contributions of Physical Osib, Fo ndom of the sovereign lane of Ukraine and for the National Agency for Food and Tourism, the Security Service of Ukraine, the Sovereign Ship Administration of Ukraine.

10. Legal expertise

The draft Law was burned by the Ministry of Justice of Ukraine іz with respect.

11. Zapobіgannya discrimіnatsії

Projects of the Law do not have a statute, such as avenging signs of discrimination.

11 1 . Відповідність to the principle of protection of equal rights and abilities of women and men

The draft law stipulates that it is necessary to violate the principle of securing equal rights and opportunities for women and men.

12. Zapobіgannya koruptsії

The draft Law has the following rules and procedures, so that you can have the right to amend the legal order and the legal order, according to the law.

13. Forecast of results

Of acceptance of law will zmogu udoskonaliti PROVISIONS natsіonalnogo zakonodavstva in sferі zapobіgannya that protidії legalіzatsії (vіdmivannyu) dohodіv, possession zlochinnim Shlyakhov, abo fіnansuvannyu terorizmu that pіdvischiti efektivnіst formuvannya that realіzatsії State polіtiki in sferі zapobіgannya that protidії legalіzatsії (vіdmivannyu) dohodіv, possession zlochinnim Shlyakhov, abo financing of terrorism, as well as securing a weekend recommendation of experts from the FATF, IMF, Eurocommittee Committee for the sake of Europe and the United States of America financial stability (MONEYVAL).

Ministry of Finance of Ukraine

O. Markarova