CODEXTER - Ukraine Profile on Counter-Terrorist ... - Legislationline

COMMITTEE OF EXPERTS ON TERRORISM (<strong>CODEXTER</strong>)
P ROFILES ON C OUNTER-TERRORIST C APACITY
U K R A I N E
November 2005 www.coe.int/gmt
www.coe.int/gmt
N A T I O N A L P O L I C Y
Combating terrorism is one of the priorities of the
foreign and domestic policy of <strong>Ukraine</strong>, the
implementation of which is impossible without
constant development of the state legal system in
the context of new threats and challenges.
The law of <strong>Ukraine</strong> "On basis of national security of
<strong>Ukraine</strong>", adopted in June 2003, determines that the
main directions of state security policy are the
following:
• <strong>Ukraine</strong>’s participation in measures to combat
international organised criminal groups and
international terrorism and counteraction of the
expansion of nuclear weapons and other
weapons of mass destruction and their
transportation;
• <strong>Ukraine</strong>’s participation in international cooperation
on combating international criminality,
terrorism, drug trafficking and illegal migration.
Main principles of combating terrorism
According to national legislation, combating
terrorism is based on the following principles:
• legality and steady adherence to the rights and
freedoms of persons and citizens;
• complex usage, with this purpose, of political,
socio-economic, information, propaganda and
other possibilities;
• priority of preventive measures;
• priority of the protection of the life and rights of
persons who are threatened by terrorist activity;
• co-operation on combating terrorism with foreign
states and their law enforcement and special
services, as well as with international
organisations combating terrorism.
L E G A L F R A M E W O R K
The legal basis for the fight against terrorism is
provided by the Constitution of <strong>Ukraine</strong>, the Criminal
Code of <strong>Ukraine</strong>, the Law of <strong>Ukraine</strong> "On combating
terrorism" and other Laws of <strong>Ukraine</strong>, international
agreements, orders and decrees of the President of
<strong>Ukraine</strong>, resolutions and decisions of the Cabinet of
Ministers of <strong>Ukraine</strong>, as well as other legal acts that
are adopted for the implementation of the laws of
<strong>Ukraine</strong>.
The series of measures on the implementation of
international agreements and appropriate resolutions
of UN Council was conducted with the purpose of
establishing an effective counter-terrorism system.
In particular, the Verhovna Rada (Parliament) of
<strong>Ukraine</strong> has adopted a new Criminal Code that
includes an article entitled "Terrorist act" and about
thirty other articles of an anti-terrorist orientation,
that also embrace questions on combating this
offence, and a special Law "On combating
terrorism", which entered into force on 20 April
2003, that defines the legal and organisational basis
of the fight against this dangerous phenomena.
Furthermore, the Law of <strong>Ukraine</strong> "On introducing
amendments into some legislative act of <strong>Ukraine</strong>”
was adopted as a result of the adoption of the Law
of <strong>Ukraine</strong> "On combating terrorism" which made
changes to the Criminal Procedural Code of <strong>Ukraine</strong>
and to, inter alia, the Laws of <strong>Ukraine</strong> "On operativeresearch
activity", "On security service of <strong>Ukraine</strong>",
"On State Border Service of <strong>Ukraine</strong>" and "On
regulation of nuclear security questions".
The Law of <strong>Ukraine</strong> "On combating terrorism" sets
out a list of unlawful terrorist-related actions, which
meet the requirements of UN Security Council
Resolution 1373 (2001).
The Anti-terrorist Activities Programme for 2005-
2007, approved by a decree of the President of
<strong>Ukraine</strong>, aims at the further development of legal
regulations in the field of combating terrorism and
the improvement of the organisational and
institutional system.
The relevant central executive bodies of <strong>Ukraine</strong> are
working on a draft Law of <strong>Ukraine</strong> “On combating
extremism”.
According to the international treaties it has
concluded, <strong>Ukraine</strong> co-operates in the fight against
terrorism with foreign states and their law
enforcement and special services, as well as with
international organisations working in the fight
against terrorism.
Very active work on enhancing the legal basis in this
field is being carried out together with other
countries.

Liability
<strong>Ukraine</strong> sticks to the principle that punishment for
participation in terrorist activities is inevitable.
The Ukrainian legislation in force qualifies terrorism
as a socially dangerous activity, that is the
conscious, intentional use of violence, by taking
hostages, starting fires, murdering, using torture,
intimidating the population and authorities or
otherwise putting at risk the life or health of
individuals, or by threatening to commit such crimes,
with a view to achieving criminal goals.
The Criminal Code of <strong>Ukraine</strong> 1 qualifies terrorism as
one of the most serious crimes and envisages a
severe penalty for the commission of terrorist acts,
including the most severe penalty, life imprisonment,
as stipulated by the legislation in force.
According to national legislation, persons accused of
terrorist activities are brought to justice according to
the procedures envisaged by the law.
The investigation of all cases, including those
connected with terrorism, is conducted exclusively
within the framework of the Code of Criminal
Procedure of <strong>Ukraine</strong>.
Furthermore, an organisation responsible for the
commission of terrorist acts and which has been
recognised by the court as a terrorist organisation is
subject to liquidation with confiscation of its
property.
In the case of a Ukrainian court decision finding the
activity of an organisation (subsidiary and
representative offices) to be terrorist, taking into
account its international and legal obligations and
registration outside <strong>Ukraine</strong>, the activity of this
organisation should be prohibited, its Ukrainian office
(subsidiary or representative office) should be
liquidated on the basis of a court decision and the
organisation’s property on the territory of <strong>Ukraine</strong>
should be confiscated.
Applications to bring organisations involved in
terrorist activities to justice should be submitted to
the court by the General Prosecutor of <strong>Ukraine</strong>, or by
regional or city prosecutors, in accordance with the
procedures stipulated be the law.
Victim protection
With the aim of protecting natural or juristic persons
who are the victims of terrorist attacks, Ukrainian
legislation provides for the compensation of damage
caused by the terrorist attack.
1 Article 258.
2
At the same time, where necessary, they are
provided with psychological, medical or legal
support, accommodation, professional rehabilitation
and employment.
Prevention of financing of terrorism
The prevention of the financing of terrorism is of
great importance to the fight against terrorism. In
order to implement the requirements of UN Security
Council Resolutions 1267 1999), 1333 (2000),
1373 (2001), 1390 (2002), 1455 (2003), <strong>Ukraine</strong> has
made arrangements to counter the financing of
terrorism.
Thus, the Law of <strong>Ukraine</strong> "On banks and bank
activity" 2 provides for the possibility of arresting the
funds and other assets of juristic and natural
persons that are held in a bank, and of preventing
payments to the accounts of juristic and natural
persons.
The Law of <strong>Ukraine</strong> "On money laundering
prevention and counteraction'' places an obligation
on legal entities and natural persons who suspect or
have reason to suspect that financial operations are
connected with, related to or intended for the
financing of terrorist activities, to report such
financial operations immediately to the special body
authorised by the executive power on countering
money laundering and terrorist financing - the State
Committee on Financial Monitoring
(Derzhfinmonitoring) or to the law enforcement
authorities as defined in legislation (Security Service
of <strong>Ukraine</strong>).
At the same time, changes have been made to the
Criminal Code of <strong>Ukraine</strong> and other legislation on
combating money laundering and terrorist financing.
In order to fulfill the requirements of UN Security
Council Resolutions 1267(1999), 1333 (2000), 1390
(2002), 1455(2003), a number of Resolutions have
been adopted by the Cabinet of Ministers of <strong>Ukraine</strong>
and there are measures on blocking the money and
other financial resources of Osama Ben Laden and
his adherents, where this is detected.
The draft Law of <strong>Ukraine</strong> "On introducing
amendments into the Law of <strong>Ukraine</strong> "On prevention
of money laundering and its counteraction"” was
elaborated to further implement the 40
recommendations of the Financial Action Task Force
(FATF) and its special recommendations on terrorist
financing. This draft law takes into account the
provisions of the International Convention for the
Suppression of the Financing of Terrorism and of UN
Security Council Resolution 1373 (2001). This
2 Article 59.

instrument is being coordinated by the relevant
interested central executive bodies of <strong>Ukraine</strong>.
On the instructions of the Ukrainian Government, the
ministries and departments concerned with this
problem take measures to improve legislation on
blocking of money that belongs to legal entities and
natural persons engaged in terrorist activities.
In particular, legal agreements/contracts aimed at
money laundering and terrorist financing are
declared void.
Legal entities which conduct financial operations
related to money laundering and terrorist financing,
are dissolved by the court.
The Criminal Code of <strong>Ukraine</strong> foresees a penalty of
15 years’ imprisonment for providing financial or
other assistance in the formation or activities of
terrorist groups or organisations.
Individuals found guilty of laundering money gained
as a result of terrorist activities are sentenced to 15
years’ imprisonment with the expropriation of the
criminally gained assets.
<strong>Ukraine</strong> co-operates with FATF, the Edgemont
financial intelligence group, the Council of Europe
Select Committee of Experts on the Evaluation of
Anti-Money Laundering Measures (MONEYVAL), the
Eurasian Group on money laundering counteraction,
and other law enforcement and special foreign
bodies in order to raise the level of co-operation with
other countries in the sphere of the fight against
money laundering.
To date, 23 international interdepartmental
agreements have been concluded by the
Derzhfinmonitoring with foreign financial intelligence
services. Work on enlarging the legislative basis in
this sphere with other states is ongoing.
<strong>Ukraine</strong> is eager to play an active part in
international co-operation in the field of the fight
against money laundering and terrorist financing
with the competent bodies of foreign countries and
international organisations.
I N S T I T U T I O N A L F R A M E W O R K
The Cabinet of Ministers of <strong>Ukraine</strong> is competent to
make the arrangements for combating terrorism in
<strong>Ukraine</strong> and to provide the necessary forces, means
and resources.
The central executive bodies take part in combating
terrorism within their field of competence, which is
defined by law and other legal acts.
3
On 11 December 1998, the Anti-Terrorist Centre
(ATC) at the Security Service of <strong>Ukraine</strong> was
established by a Decree of the President of <strong>Ukraine</strong>
with the purpose of further improving the national
anti-terrorist system. The main task of the Centre is
to coordinate executive governmental bodies'
activities in the prevention and suppression of
terrorist acts against statesmen, essential
infrastructure facilities, high-risk targets, and acts
which threaten the life and health of a large number
of people.
The Security Service of <strong>Ukraine</strong> is entrusted with the
tasks of preventing, investigating, suppressing and
detecting crimes in the field of terrorism.
According to the Law of <strong>Ukraine</strong> "On combating
terrorism", the ATC coordinates the activities of the
Ministries and Departments of <strong>Ukraine</strong> in the
execution of a complex programme aimed at
widening <strong>Ukraine</strong>’s diplomatic, economic and military
potential to counter threats connected with
international terrorism.
The Centre has now developed an organisational and
legal mechanism which comprises the forces and
means of the ministries and departments (17 in
total) involved in carrying out antiterrorist
operations.
In order to ensure the effective usage of the
available resources, the most sensitive objects were
categorised and preventive plans on the carrying out
of antiterrorist operations were drafted to take into
account the particular forces and means. Their
implementation is being carried out within the
framework of complex training (about 100 annually),
including training on an international level. Since
2005, the Centre has initiated training on "sudden
introductory data".
According to the Edict of the President of <strong>Ukraine</strong>
"On procedure of co-operation with international
antiterrorist organisations", the ATC and the Ministry
of Foreign Affairs of <strong>Ukraine</strong> are entrusted with the
task of coordinating the bodies of <strong>Ukraine</strong>’s
executive power in the fulfilment of its international
obligations in the field of combating terrorism.
International organisations and representatives of
foreign states respect <strong>Ukraine</strong>’s experience and
accept it as a serious partner in the fight against
terrorism. Clear evidence of this fact lies in the
numerous requests received by the special services'
chiefs for documents concerning the functioning of
the Centre, the United Nations Office on Drugs and
Crime’s (Vienna, Austria) identification of <strong>Ukraine</strong> as
a state which can serve as a model for CIS members
in view of its organisational measures on combating
terrorism and positive responses from NATO

parliamentarians, as well as the creation of
coordination institutions similar to the Anti-Terrorist
Centre in many countries of the world.
With a view to improving co-operation on combating
terrorism and coordinating measures in the
implementation of state policy in the field of the
prevention and suppression of the critical situations
that emerged as the result of extremist and terrorist
activities in November 2002, in accordance with the
Decree of the President of <strong>Ukraine</strong>, the Anti-Crisis
Centre was created. The President of <strong>Ukraine</strong> is at
the head of this Centre. The headquarters of the
Anti-Terrorist Centre became its working body.
Thus in <strong>Ukraine</strong> a determined, clear and logicallystipulated
structure of specialised state bodies has
been created to organise and coordinate the fight
against terrorism. This structure is supported by a
flexible and operational system of forces, measures
and a legally-based scheme of anti-terrorist
operations management, which can also deal with
possible crisis situtations resulting from terrorist
activities.
Control and supervision of the legality of the
fight against terrorism
In accordance with the Constitution of <strong>Ukraine</strong>, the
Verhovna Rada of <strong>Ukraine</strong> is responsible for ensuring
that the fight against terrorism is carried with due
respect for the legislation in force.
At the same time, the President and the Cabinet of
Ministers of <strong>Ukraine</strong> supervise the countering of
terrorists in accordance with the Constitution of
<strong>Ukraine</strong> and Ukrainian law.
Supervision of the respect for legislation by the
bodies taking part in anti-terrorist action is carried
out by the Attorney General of <strong>Ukraine</strong> and by the
empowered attorneys in accordance with Ukrainian
law.
I N T E R N A T I O N A L C O - O P E R A T I O N
Exchanges of information
With a view to providing relevant information to the
national Anti-Terrorist and Anti-Crisis Centres, all
possible measures are currently being undertaken in
order to implement the telecommunication element
of the joint automated information system on
combating terrorism - the System of Protected
Electronic Mail.
With a view to preventing and effectively combating
terrorism, <strong>Ukraine</strong> has established effective
4
operational exchanges of information on questions
connected with combating international terrorism.
Mutual bilateral exchanges of information with
foreign states on problems connected with
combating international terrorism are carried out on
the basis of signed agreements.
In accordance with the requirements of national
legislation and its international legal commitments,
<strong>Ukraine</strong> provides information to foreign states on
problems connected with combating international
terrorism on the basis of requests.
At the same time, information on these problems
can be provided without a prior request from a
foreign country if it does not hinder the pre-trial
inquiry or court hearing of a case and if it can help
the competent bodies of the foreign state in
preventing terrorist attacks.
Work on concluding agreements with other states on
the mutual recognition of lists of named
organisations and persons is conducted with the aim
of creating an appropriate legal bases for the use of
proper sanctions.
In this case, great importance is attached to
exchanges of information on the possible
preparation of terrorist attacks and on terrorist
organisations and people involved in terrorist
activities.
Nowadays, the exchange of information on the
above-mentioned problems is conducted most
actively within the framework of the CIS member
states’ Anti-Terrorist Centre.
The work on exchanges of information is carried out
within the framework of the GUUAM Virtual Centre
and GUUAM Interstate Information Management
System.
Measures to further improve exchanges of
information between the security services and law
enforcement bodies of other states are implemented
for the purposes of prevention and of providing an
operational response to any indications of terrorist
attacks.
Mutual legal assistance and extradition
In the interests of ensuring the security of
individuals, society and the state, <strong>Ukraine</strong> pursues
within its territory persons involved in terrorist
activity. This includes cases where terrorist attacks
or crimes of a terrorist nature are planned or
committed beyond <strong>Ukraine</strong>’s borders, but may cause
damage to <strong>Ukraine</strong>, and other cases provided for by
international treaties.

The Law of <strong>Ukraine</strong> "On combating terrorism" 3
provides for the extradition of individuals who take
part in terrorist activities. The extradition of these
individuals with the aim of instituting criminal
proceedings against them and of executing
enforcement acts of foreign states is carried out in
accordance with Ukrainian legislation and with the
obligations assumed by <strong>Ukraine</strong> upon its ratification
of the European Convention on Extradition (1957),
the European Convention on the Suppression of
Terrorism (1977), and other international treaties
that are obligatory according to the decision of
Verhovna Rada of <strong>Ukraine</strong>, and on the basis of
mutuality.
<strong>Ukraine</strong> undertakes the necessary measures on
applying appropriate sanctions to organisations and
individuals involved in terrorist activities listed by the
UN Security Council.
Measures at international level
In accordance with the international treaties
concluded by <strong>Ukraine</strong>, it co-operates in the fight
against terrorism with foreign states, law
enforcement bodies and special services, as well as
with international organisations combating terrorism.
<strong>Ukraine</strong> is a party to all 12 of the universal antiterrorist
conventions, including those on countering
the financing of terrorism, and the European
Convention on the Suppression of Terrorism (1977).
Steps are currently being taken toward the
ratification of the Protocol amending the European
Convention on the Suppression of Terrorism of 1977,
signed on 15 May 2003.
At the Third Summit of Heads of State and
Government of the Council of Europe (Warsaw, May
2005), <strong>Ukraine</strong> signed the Council of Europe
Convention on the Prevention of Terrorism.
At present, <strong>Ukraine</strong> is examining the possibility of
signing the UN International Treaty for the
Suppression of Acts of Nuclear Terrorism, the draft
of which was adopted on 13 April 2005 during the
plenary session of the UN General Assembly.
<strong>Ukraine</strong> recognises the importance of the
development of international co-operation on
combating terrorism and collaborates actively with
international organisations. In order to execute the
relevant UN Security Council resolutions and
transpose the conventions on countering terrorism
into its national legislation, <strong>Ukraine</strong> co-operates with
the UN Security Council Counter-Terrorism
3 Article 29.
5
Committee and annually submits reports on the
action it has taken.
International co-operation in the field of combating
terrorism aims at the implementation of anti-terrorist
measures, which are foreseen by the EU Action Plan
on Combating Terrorism in the sphere of justice and
home affairs, as well by the special <strong>Ukraine</strong>-NATO
plan.
At present work is being undertaken on the
conclusion of security agreements and an agreement
on Ukrainian participation in EU crisis management
operations in the context of the EU Security and
Defence Policy. The implementation of these
agreements will increase co-operation between
<strong>Ukraine</strong> and the EU in the security sphere.
The ceremony for the signing, by the Foreign
Minister of <strong>Ukraine</strong> and the Secretary General of
NATO, of an agreement (in the form of an exchange
of letters) between <strong>Ukraine</strong> and NATO on the terms
and conditions for <strong>Ukraine</strong>’s participation in NATO’s
"Active Efforts" operation took place on 21 April
2005. The agreement covers questions connected
with appropriate Ukrainian support in the carrying
out of naval operations in the Mediterranean Sea.
<strong>Ukraine</strong> takes part in the work of the CIS Anti-
Terrorist Centre, which is the standing specialised
branch body responsible for coordinating the
interaction between the competent bodies of CIS
member states in the field of countering terrorism.
On 7 April 2004, the Verhovna Rada of <strong>Ukraine</strong>
ratified the "Protocol about the approval of Statute
regulating the order of organisation and conduction
of common antiterrorist measures on the territory of
CIS member-states" with the aim of developing
<strong>Ukraine</strong>’s co-operation within the CIS framework.
<strong>Ukraine</strong> signed the Agreement on the creation of the
GUUAM Virtual Centre in the field of the fight against
terrorism, organised crime, drug proliferation and
other dangerous crimes and the GUUAM Interstate
Information Management System (HAS).
At present, the states have finished conducting
organisational measures and begun the practical
work of the Virtual Centre and the HAS.
The State Financial Monitoring Committee of <strong>Ukraine</strong>
has adopted 24 Memoranda of mutual understanding
with foreign financial intelligence services with
regard to exchanges of financial information in the
sphere of money laundering and the financing of
terrorism.

In accordance with international agreements,
<strong>Ukraine</strong> may take part in common anti-terrorist
measures by means of assistance to foreign states or
interstate associations in the re-deployment of
troops, special anti-terrorist formations,
6
transportation of weapons or by the provision of its
own forces and means in accordance with domestic
legislation.
Relevant Council of Europe conventions - <strong>Ukraine</strong> Signed Ratified
European Convention on the Suppression of Terrorism (ETS 90) 08/06/2000 13/03/2002
Amending Protocol (ETS 190) 15/05/2003 -
European Convention on Extradition (ETS 24) 29/05/1997 11/03/1998
First Additional Protocol (ETS 86) 29/05/1997 11/03/1998
Second Additional Protocol (ETS 98) 29/05/1997 11/03/1998
European Convention on Mutual Assistance in Criminal Matters (ETS 30) 29/05/1997 11/03/1998
First Additional Protocol (ETS 99) 29/05/1997 11/03/1998
Second Additional Protocol (ETS 182) 08/11/2001 -
European Convention on the Transfer of Proceedings in Criminal Matters (ETS 73) - 28/09/1995
European Convention on the Compensation of Victims of Violent Crimes (ETS 116) 08/04/2005 -
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
(ETS 141)
29/05/1997 26/01/1998
Convention on Cybercrime (ETS 185) 23/11/2001 -
Additional Protocol concerning the criminalisation of acts of a racist and xenophobic
nature committed through computer systems (ETS 189)
08/04/2005 -
Council of Europe Convention on the Prevention of Terrorism (ETS 196) 16/05/2005 -
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism (ETS 198)
- -
Counter- Terrorism Task Force © Council of Europe, November 2005