The Concept of the Law of Ukraine “On the Security Service of Ukraine” The Concept of the Law of Ukraine “On the Security Service of Ukraine” Kyiv

2 b) regulation of the law in effect: The Security Service of Ukraine is a state special-purpose law-enforcement body that ensures state security of Ukraine. Legal status of the Security Service of Ukraine а) regulation of the draft law: The Security Service of Ukraine is the specially authorized state body on ensuring state security of Ukraine. The Concept of the Law of Ukraine “On the Security Service of Ukraine”

3 Main principles of the SBU activities  legality The Concept of the Law of Ukraine “On the Security Service of Ukraine”  adherence to the rights and liberties of a person and a citizen  protection of civil society democratic values  non-membership in political parties  unity of command and collective nature in decision-making  combination of open and covert methods and actions  interaction with state authorities, local governments and military units  collaboration with Ukrainian citizens, their associations and non-governmental organizations  openness for civil democratic oversight  legality the subject of promulgation of the SBU activities’ results was covered in Part 1 Article 8 of the draft law, in particular:the subject of promulgation of the SBU activities’ results was covered in Part 1 Article 8 of the draft law, in particular: The Ukrainian public is informed by the mass media and other means about the results of the SBU activities according to the SBU normative legal documents in line with the Ukrainian legislationFootnote:

4 The Concept of the Law of Ukraine “On the Security Service of Ukraine”  The Security Service of Ukraine is specially authorized state body on ensuring state security of Ukraine. The Security Service of Ukraine is subordinate to the President of Ukraine and controlled by the Verkhovna Rada of Ukraine.  State bodies and military units take part in ensuring state security of Ukraine according to their authority and within the scope determined by the laws of Ukraine.  Local authorities, enterprises, organizations and institutions of Ukraine, regardless property categories, their officials facilitate the ensuring of state security within the scope determined by the laws of Ukraine and other legal acts.  Ukrainian citizens and their associations, other persons facilitate the ensuring of state security and the activity of the Security Service of Ukraine voluntarily.  The Security Service of Ukraine, as the main body in national systems of ensuring state security and combating terrorist activity and also specially authorized body on counterintelligence activity and state secret protection, within the competence submits proposals concerning adoption of legislative acts and according to the laws of Ukraine issues legal acts on the given questions, obligatory for fulfillment by military units, law enforcement, intelligence and other state bodies, local authorities, enterprises, establishments, institutions and organizations of all property categories and by citizens.  To coordinate the activity in ensuring of state security, interagency coordinating bodies can be established on the initiative of the Security Service of Ukraine. The Security Service of Ukraine within the system of state bodies and military units which ensure state security of Ukraine

5 The Concept of the Law of Ukraine “On the Security Service of Ukraine” 1.Counterintelligence protection of the state sovereignty, constitutional order, territorial integrity and inviolability and also informational sphere of Ukraine, rights and freedoms of citizens, counteraction to intelligence, intelligence- subversive and other illegal activity of foreign special services, separate organizations, groups and individuals; 2.Counterintelligence protection of economic, scientific-technical and defense potential of Ukraine; defense-industrial and transport complexes, national communication system and their facilities; the Ukrainian Armed Forces and other military units formed according to the laws of Ukraine; military and technical cooperation, observance of international non-proliferation regimes; 3.Ensuring the protection of the state secret and confidential information which is state property; counterintelligence protection of state bodies, foreign diplomatic institutions, peacekeeping contingents and Ukrainian personnel abroad; 4.Combating terrorism, protection of embassies, foreign embassies in Ukraine and diplomatic institutions of Ukraine abroad from terrorist encroachments; 5.Counteraction to corruption in military units, law enforcement, judicial and other state bodies and fight against organized criminal activity, which poses threats to state security of Ukraine; 6.Examination and vetting of individuals, who go through the formal procedure to get security clearance, access to work with nuclear materials and at nuclear facilities, or involved in confidential cooperation; participation in check of candidates for civil-service positions; 7.Prevention, disclosure, investigation and suppression of crimes against the national security bases, terrorism, crimes against peace, security of mankind and international legal order, other unlawful actions that pose threats to state security of Ukraine; 8.Ensuring security and protection, exclusively for the benefit of state security, of persons participating in criminal legal proceedings, employees of judicial and state bodies; 9.Information and analytical support to the President of Ukraine, the Head of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine concerning state security of Ukraine; 10. Coordination of the activities of law enforcement, intelligence and other state bodies, military units, establishments, institutions, organizations of Ukraine according to the competence in ensuring state security, combating terrorism, protecting the state secret and confidential information, which is a state property. Functions of the Security Service of U kraine

 Central Directorate Central Directorate  Central Directorate Central Directorate6 Overall structure of the Security Service of Ukraine  Regional agencies and agencies on certain territories, Regional agencies and agencies on certain territories, entities or activity directions  Logistics and health care institutions  Educational establishments and subdivisions  Scientific research and specialized institutions  Units of central subordination with powers of SBU agencies  Units of central subordination with powers of SBU agencies The Concept of the Law of Ukraine “On the Security Service of Ukraine”  Counterterrorism Centre at the Security Service of Ukraine

7 The Concept of the Law of Ukraine “On the Security Service of Ukraine”  Overall strength of the Security Service of Ukraine is provided by the Law of Ukraine “On the strength of Security Service of Ukraine”.  Quantity of regular personnel and servicemen of the Security Service of Ukraine is determined by the President of Ukraine upon the submission of the Head of the Security Service of Ukraine according to Ukrainian legislation and requirements of Ukrainian state security ensuring. Overall strength of the Security Service of Ukraine

8 The Concept of the Law of Ukraine “On the Security Service of Ukraine” Head of the Security Service of Ukraine Breach of incompatibility requirements; Systematic non-fulfillment of official duties and detection of his incompetence; Impossibility to execute his duties for health reasons; Gaining of legal validity of the court verdict of guilty concerning him or gaining of legal validity of the court’s decision about making responsible for corruptive and other actions connected with corruption; Admission by the court that he is incapable, disappeared or dead; Cessation of his citizenship or departure for fixed abode abroad; Submission of report (application) about resignation or about unsolicited dismissal or dismissal for reasons of attainment of age limit on military or governmental service or retirement age. Head of the Security Service of Ukraine is appointed and dismissed by the Verkhovna Rada of Ukraine upon the submission of the President of Ukraine (determined by the Constitution of Ukraine). Requirements to candidates for the Head of the Security Service of Ukraine position: citizen of Ukraine, who reached 35 years old on the day of his appointment for the office, with higher education, necessary special grounding and experience of organizational and administrative work in the sphere of national security. Head of the Security Service of Ukraine can’t be the member of political parties or other public associations, take part in their activities, occupy any post in state bodies, public associations and other organizations, he can’t be a member of any enterprise leadership, administration or council, which has an aim to get a profit, and he can’t be involved in business activity. Head of the Security Service of Ukraine is dismissed from the office in case of:

9 The Concept of the Law of Ukraine “On the Security Service of Ukraine” Deputy Heads of the Security Service of Ukraine and chiefs of regional bodies are appointed and dismissed by the President of Ukraine upon the submission of the Head of the Security Service of Ukraine. Procedure of appointment of other officials of the Security Service of Ukraine is determined by the Head of the Security Service of Ukraine. Requirements to candidates for appointment to leadership: Basic requirements concerning the appointment of officials - high education, necessary special and psychological training; - organizational capabilities; - experience in operative and service activity in the Security Service of Ukraine: - for Chiefs of divisions of Central directorate, agencies, institutions and enterprises - not less than 7 years; - for Deputy Heads of the Security Service of Ukraine - not less than 10 years. Grounds for dismissing of Deputy Heads of the Security Service of Ukraine and other officials are the same as provided for the Head of the Security Service of Ukraine. Vocational adjustment criteria for officials are determined by qualification and normative documents approved by the Head of the Security Service of Ukraine

Personnel categories 1.Permanent personnel 2.Military servicemen 3.Public servants 4.Employees and contract servicemen 10 The Concept of the Law of Ukraine “On the Security Service of Ukraine”

 legal safeguards to protect SBU personnel; Main components of social and legal safeguards for the SBU personnel, members of their families and individuals assisting to ensure state security of Ukraine: 11 The Concept of the Law of Ukraine “On the Security Service of Ukraine”  working and leisure hours of personnel;  vacations;  right to health care and medical aid;  right to accommodation;  perquisites for travel and baggage transportation;  state compulsory personal insurance of personnel;  legal safeguards to protect personnel’s members of families;  compensation and payments in case of death or injury of personnel or damage to their property;  financial support and salaries of the personnel;  retirement system;  social and legal safeguards to protect individuals assisting in ensuring state security of Ukraine.

 maintenance of the Security Service of Ukraine;  financing of measures and certain programs on counterintelligence activities, protection of national statehood and terrorism counteraction, fight against corruption, protection of state secrets, scientific and technical support in the field of state security and development of special technologies, training, retraining and advanced training of personnel;  other functions of the Security Service of Ukraine in line with Ukrainian legislation. 1. Financing of the Security Service of Ukraine is provided by the Cabinet of Ministers of Ukraine from the assets of the State budget of Ukraine, not less than 0,5% of gross domestic product of Ukraine for the correspondent fiscal period; 2. Expenditures from the State budget of Ukraine are allocated for such state security purposes: Main requirements to the SBU financing 12 The Concept of the Law of Ukraine “On the Security Service of Ukraine”

13 1.Oversight of the Verkhovna Rada of Ukraine. Main elements of democratic civil oversight over the SBU activities: The Concept of the Law of Ukraine “On the Security Service of Ukraine” 2.Oversight of the President of Ukraine. 3.Oversight over financial and economical activity. 4.Civil oversight. 5.Oversight over observance of the laws by the Security Service of Ukraine.

14 The Concept of the Law of Ukraine “On the Security Service of Ukraine” Dispositions of draft law concerning civil oversight Civil oversight over the Security Service of Ukraine activities is realized in accordance with the procedure determined by the Constitution of Ukraine, Law of Ukraine “On democratic civil control over the Military organisation and law-enforcement bodies”, this law and other laws of Ukraine.. The Civil Council is created at the Security Service of Ukraine. By results of its activities the Civil Council may submit suggestions on state security ensuring to the President of Ukraine, to the Verkhovna Rada, to the Cabinet of Ministers of Ukraine and other state bodies. The President of Ukraine approves the regulations on the Civil Council at the Security Service of Ukraine