According to the Law of Ukraine dated 16.12.2020 No. 1089-IX "On the Economic Security Bureau of Ukraine", the Economic Security Bureau of Ukraine in accordance with its tasks:
1) carries out investigative and investigative activities and pre-trial investigation within the limits of jurisdiction provided by law;
2) carries out information research and analytical information work to identify and eliminate the causes and conditions that contribute to the commission of criminal offenses assigned to the jurisdiction of the Bureau of Economic Security of Ukraine;
3) carries out information interaction with state authorities, local self-government authorities, judicial authorities, other state authorities, enterprises, institutions and organizations, competent authorities of foreign states and international organizations;
4) searches for persons who are hiding from pre-trial investigation bodies, the investigating judge, the court, or are evading serving a criminal sentence for the commission of criminal offenses assigned by law to their jurisdiction;
5) collects, processes, and analyzes information on criminal offenses assigned by law to his jurisdiction;
6) engages qualified specialists and experts, including foreigners, within the scope of competence in the manner prescribed by law, including on a contractual basis;
7) carries out international cooperation with the competent bodies of foreign states based on the laws and international treaties of Ukraine;
8) provides training, retraining, and advanced training of the employees of the Economic Security Bureau of Ukraine;
9) forms analytical materials to assess threats and risks of committing (increasing the number of) criminal offenses assigned by law to its jurisdiction;
10) requests and receives, by the procedure established by law, from other law enforcement and state bodies, local self-government bodies, enterprises, institutions, and organizations, information necessary for the performance of the powers of the Bureau of Economic Security of Ukraine;
11) initiates in the competent bodies of foreign countries the review of cases on the protection of the rights and interests of the state on issues related to the performance of the duties of the Economic Security Bureau of Ukraine, acts as a representative of the state during the review of such cases. If necessary, the Bureau of Economic Security of Ukraine has the right to involve experts in relevant fields in such a review;
12) adopts normative legal acts on issues that belong to the competence of the Bureau of Economic Security of Ukraine;
13) reports on its activities in the manner specified by this Law and informs society about the results of its work;
14) concludes international agreements of an interdepartmental nature with relevant bodies of foreign states;
15) in the cases specified by law, carries out proceedings in cases of administrative offenses, makes decisions on the application of administrative fines;
16) uses public and private full-time and freelance workers on the grounds and in the order established by law, observing the conditions of voluntariness and confidentiality of such relations, materially and morally encourages persons who provide assistance in the prevention, detection, termination, and investigation of criminal offenses classified as subject to investigation Bureau of Economic Security of Ukraine;
17) concludes responsible storage contracts with enterprises, institutions, and organizations for storage of material evidence seized during the pre-trial investigation, which require special storage conditions;
18) exercises other powers provided for by the Criminal Procedure Code of Ukraine, this Law, and other laws of Ukraine.
2. Persons who have special titles of the Bureau of Economic Security of Ukraine, except for employees of the information and analytical division, during the implementation of measures to prevent, detect, terminate, and investigate criminal offenses assigned by law to the jurisdiction of the Bureau of Economic Security of Ukraine, are authorized within the limits of their competence to use police measures defined by articles 32-34, paragraphs 3, 5 of the first part, parts two and three of article 35, articles 36 and 37, paragraph 2 of the first part and part three of article 38, paragraph 1 of the first part of article 40, articles 42-46 of the Law of Ukraine "On the National Police", on the grounds and in the manner prescribed by law.
Powers of the Economic Security Bureau of Ukraine in the field of information and analytical support
1. The Economic Security Bureau of Ukraine carries out information and analytical activities exclusively to fulfill its tasks defined by this Law.
2. The Economic Security Bureau of Ukraine within the framework of information and analytical activities:
1) forms data banks (databases) and creates a unified information system of the Economic Security Bureau of Ukraine based on modern information and telecommunication technologies;
2) receives, processes, and uses information from automated information and reference systems, registers, data banks (databases) of state authorities, and local self-government bodies access to which is made taking into account the provisions of Article 7 of this Law;
3) carries out information-search and information-analytical work.
3. The Economic Security Bureau of Ukraine may create its systems (networks) of information exchange with limited access, and databases necessary to ensure the daily activities of the divisions of the Economic Security Bureau of Ukraine in the field of labor, financial, management relations, document circulation, as well as participate in the creation and the functioning of interdepartmental information and analytical systems necessary for the performance of the tasks assigned to law enforcement agencies.
Participation of the Economic Security Bureau of Ukraine in the formation of information systems
1. Information systems and means of their support, developed, manufactured, or purchased by the Economic Security Bureau of Ukraine are state property.
The system of protection of information stored in databases of information systems was established by the Economic Security Bureau of Ukraine.
2. Economic Security Bureau of Ukraine:
1) for operational investigative activities and pre-trial investigation, creates information and telecommunication systems (networks) and maintains operational records in the scope and order provided by law;
2) carries out implementation and technical support of information, telecommunication and information and telecommunication systems and technologies;
3) ensures the provision of information from data banks (databases) to state bodies by the law.
User identification in information resources
1. Information about access to the database (database) must be recorded and stored in an automated data processing system, including information about:
1) position, surname, first name, patronymic of the employee who made the access;
2) date, time, duration of access;
3) information to be reviewed;
4) transmission (copying) of information;
5) use of a protected personal key carrier.
Application of a risk-oriented approach
1. The Economic Security Bureau of Ukraine applies a risk-oriented approach in its analytical activities.
2. The risk criteria used in the application of the risk-oriented approach are divided into criteria related to the offender, the nature and type of illegal action, industry specifics of systemic criminal phenomena, financial losses of the state from optimization of tax payment, etc.
Risk criteria are determined by the Economic Security Bureau of Ukraine independently.
3. The risk-oriented approach should be proportional to the nature and scope of the activities of the Economic Security Bureau of Ukraine in the relevant field.
4. When applying a risk-oriented approach the following is carried out:
1) assessment, re-assessment of risks;
2) periodic recording of the results of its application;
3) up-to-date information on risk assessment.
5. The procedure for applying the risk-oriented approach is approved by the order of the Economic Security Bureau of Ukraine.
A complex of risk assessment activities in the field of economy
1. The Economic Security Bureau of Ukraine with the involvement of regulatory bodies and other state bodies engaged in activities in the field of combating criminal offenses and preventing threats to the economic security of the state and business entities conducts a set of measures to assess risks in the economic sphere.
2. A set of risk assessment measures in the economic sphere is conducted at least once every three years.
3. The complex risk assessment activities in the economic sphere include the collection, processing, evaluation, and analysis of information on the results of the activities of the Economic Security Bureau of Ukraine, control bodies, and state bodies conducting activities in the field of combating criminal offenses and preventing threats to the economic security of the state as well as approval of appropriate measures to minimize and eliminate risks in the economic sphere based on the results of such an analysis.
4. The sources of information necessary for carrying out a set of measures for assessing risks in the economic sphere are, in particular, reporting on countering criminal offenses and preventing threats to the economic security of the state, analytical reviews, and certificates of participants in the set of measures for assessing risks in the economic sphere, answers of the participants of the complex risk assessment activities in the economic sphere on the questionnaires of the Economic Security Bureau of Ukraine, the results of a selective analysis of court decisions in criminal proceedings, the results of scientific research, the results of public opinion monitoring.
5. The procedure for carrying out a set of activities on risk assessment in the economic sphere is approved by the Cabinet of Ministers of Ukraine.