This interdepartmental order approves the Procedure for Organizing and Ensuring Pre-Trial Investigation of Crimes Resulting in Property or Income Obtained through Criminal Means. The document is signed by the heads of all major law enforcement agencies of Ukraine.
The Procedure consists of three sections: general provisions, the procedure for investigator’s actions, and the procedure for prosecutor’s actions. It defines mechanisms for identifying and tracking criminal proceeds, conducting financial investigations, and imposing seizure on property for further confiscation.
Key innovations include:
• Mandatory financial analysis in each criminal proceeding related to predicate crimes
• Detailed list of information sources and documents subject to analysis
• Clear algorithm of actions for investigators and prosecutors in identifying and seizing criminal proceeds
• Mechanisms for international cooperation in investigating such crimes
Most important provisions for practical application:
• Definition of terms ‘property’, ‘predicate crime’, ‘financial investigation’
• Investigator’s obligation to conduct comprehensive financial analysis, including examination of bank accounts, business transactions, and suspects’ lifestyle
• Necessity of engaging specialists to assess property and analyze financial instruments
• Precise requirements for prosecutorial supervision of such investigations
