1. Project
2.  
3. (circulation 14.07.2021)
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5.  
6.  
7. LAW OF UKRAINE
8.  
9. About virtual assets
10.  
11.  
12.  
13. This law regulates legal relations that arise in connection with the trafficking of virtual assets in Ukraine, defines the rights and obligations of participants in the market of virtual assets, principles of state policy in the field of sales of virtual assets.
14.  
15. Section I. General provisions
16.  
17. Article 1. Definition of terms
18.  
19. 1. In this Law, the following terms are used in the following meaning:
20.  
21. 1) virtual assets - intangible benefit, which is the subject of civil rights has value and expressed as a set of data in electronic form. The existence and oborotozdatnist virtual asset provided the system software sales of virtual assets. A virtual asset can certify property rights, in particular claim rights to other objects of civil rights;
22.  
23. 2) purse virtual asset - software software or hardware-software complex that provides its user information to appropriate it virtual assets and the opportunity to dispose of them in the system software sales of virtual assets by using key virtual asset;
24.  
25. 3) secured virtual asset - a virtual asset that certifies property rights, in particular the right of claim on other objects of civil rights;
26.  
27. 4) significant participation - direct or indirect, independent or jointly with other persons possession of 10 and more percent of the authorized (share) capital or rights to vote acquired shares (shares) of legal persons or independent from formal possession of the possibility of a significant influence on the management or activities of legal entities ;
28.  
29. 5) virtual asset key - a set of technical means implemented in the system of ensuring the turnover of virtual assets, which allow you to control the virtual asset;
30.  
31. 6) unsecured virtual asset - a virtual asset that does not certify any property or non-property rights;
32.  
33. 7) suppliers of services associated with the trafficking of virtual assets - only entities entities - legal persons who carry out in the interest of third persons one or several of the following types of activities:
34.  
35. storage or administration of virtual assets or keys of virtual assets;
36.  
37. exchange of virtual assets;
38.  
39. transfer of virtual assets;
40.  
41. providing brokerage services associated with virtual we asset s ;
42.  
43. 8) public offer of virtual assets - an offer addressed to an indefinite number of persons on the acquisition of virtual assets at a price and on the terms specified in such an offer, which is carried out taking into account the requirements established by this Law;
44.  
45. 9) the market of virtual assets - a set of participants in the market of virtual assets and the legal relationship between them regarding the turnover of virtual assets;
46.  
47. 10) system of ensuring the turnover of virtual assets - software or software and hardware complex of electronic data exchange , which provides identification and turnover of virtual assets;
48.  
49. 11) the turnover of virtual assets - all legal relationships that relate to virtual assets, which arise between the parties to the market of virtual assets, as well as between them and the state;
50.  
51. 12) participants of the virtual assets market - providers of services related to the turnover of virtual assets, as well as any persons who carry out transactions with virtual assets in their interests.
52.  
53. 2. The terms "structure property" and "impeccable business reputation" used in this law of the meanings given in the Law of Ukraine "On prevention and counteraction to legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and the financing of proliferation of weapons of mass destruction."
54.  
55. The term “currency values” is used in this Law in the meaning given in the Law of Ukraine “On Currency and Currency Transactions”.
56.  
57. Article 2. Scope of the Law
58.  
59. 1. This law applies to legal relations that arise:
60.  
61. 1) in the case of supply of services connected with turnover of virtual assets if entities such relations have registered location or a permanent representative on the territory of Ukraine;
62.  
63. 2) in connection with the commission of the transaction, the subject of which is a virtual asset, unless the parties have identified the right Ukraine as such, which is subject to application to the transaction as a whole or to separate its parts;
64.  
65. 3) in connection with the transaction, the subject of which is a virtual asset, if both parties to the transaction are residents of Ukraine;
66.  
67. 4) in connection with the transaction, the subject of which is a virtual asset, if the person who carries out transactions with virtual assets in their interests (purchaser of a virtual asset) is a resident of Ukraine.
68.  
69. 2. If the law of Ukraine is applied to the transaction on disposition of objects of civil rights by which the virtual asset is secured in accordance with the terms of the contract or law, the law of Ukraine shall also apply to legal relations related to the turnover of such virtual asset .
70.  
71. 3. This Act does not apply to legal relationships associated with the issuance, circulation, storage and redemption of electronic money, but also to legal relations that arise during the time of issue, circulation, redemption of securities and fulfillment of obligations by them, the conclusion and implementation derivative contracts, replacing party derivative contracts and commission transactions on financial instruments at market capital, operating software or hardware-software complexes exchanging electronic data in which ensured the implementation of these relations on financial instruments, as well as the relationships that occur during a procedure of professional activities on capital markets and organized commodity markets.
72.  
73. 4. In the event of the introduction of the National Bank of Ukraine measures of protection pursuant to the Law of Ukraine "On currency and foreign exchange operations" rules of law applicable to the operations of the exchange of virtual assets in the part that does not contradict these measures of protection.
74.  
75. Article 3. Legislation of Ukraine on virtual assets
76.  
77. 1. The legislation of Ukraine to virtual assets consist of the Constitution of Ukraine, international treaties, agreed to be bound by them provided by the Supreme Council of Ukraine, the Civil Code of Ukraine, this Law, the Law of Ukraine "On prevention and counteraction to legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and financing of proliferation of weapons of mass destruction " and other laws, as well as normative legal acts adopted for their implementation .
78.  
79. Section II. Legal regime of virtual assets
80.  
81. Article 4. Legal status of virtual assets
82.  
83. 1. Virtual assets are intangible benefits, features sales are determined by the Civil Code of Ukraine and this Law. Virtual assets can be unsecured or secured.
84.  
85. 2. Unsecured virtual assets do not certify property rights .
86.  
87. 3. Secured virtual assets certify property rights, in particular claim rights to other objects of civil rights.
88.  
89. 4. When providing virtual asset refers to identity them of property rights, including rights requirements on other objects of civil rights. Providing virtual assets do not have collateral performance obligations. The certificate of property rights means confirmation of the right of the owner of the secured virtual asset to claim the object of security.
90.  
91. 5. The object of securing a virtual asset is another object of civil rights, the claim to which is certified by such a virtual asset. The object of providing virtual asset is defined transaction, in accordance with which a virtual asset created. Property rights, including the right requirements for the facility providing virtual assets transferred to the acquirer of the virtual asset.
92.  
93. 6. Financial virtual assets are:
94.  
95. issued by a resident of Ukraine secured virtual asset that is provided with currency values (hereinafter - welding (TC);
96.  
97. issued by a resident of Ukraine secured virtual asset that provided valuable paper or a derivative financial instrument (the -ZVA (FI).
98.  
99. 7. The virtual assets will not have a means of payment on the territory of Ukraine and not may be subject to exchange for property (goods), works (services).
100.  
101. Article 5. Creation of virtual assets, introduction of virtual assets into civil turnover and withdrawal of virtual assets from civil turnover
102.  
103. 1. The moment of creation of virtual asset is the moment of which the first owner gets the opportunity to own, use and manage virtual asset in the system to ensure turnover corresponding virtual asset if no possibility of reliably establish another time creating a virtual asset, based on the technical features of the system software sales of virtual assets .
104.  
105. 2. The turnover of a virtual asset begins from the moment of its creation and is carried out until the moment of termination of the turnover of the virtual asset.
106.  
107. 3. Turnover on the territory of Ukraine ZVA (VC) is carried out in the manner prescribed by the National Bank of Ukraine.
108.  
109. 4. The turnover on the territory of Ukraine welding (PHI) is carried out in the manner prescribed by the National Commission on Securities Securities and Stock Market of Ukraine.
110.  
111. 5. A person who has commitments for secured virtual asset should ensure the cessation of sales of virtual asset if the objects of civil rights, which it was provided, it lost or dropped from the civil turnover of these or other reasons, and the possibility of replacing software such a virtual asset is not provided by the transaction on the creation of the relevant secured virtual asset or the transaction on the alienation of such a virtual asset.
112.  
113. Article 6. Ownership of a virtual asset, transactions with virtual assets
114.  
115. 1. The right of ownership to virtual assets acquired by the fact of creating a virtual asset, commission and performance of the transaction on virtual asset on the basis of the rules of law or decision of the court and certified possession of the key of the virtual asset, except for cases stipulated by part third of this article.
116.  
117. 2. Terms of the acquisition, terms of conversion and the amount of rights to virtual assets can be expressed in the form of algorithms and functions of the system software sales of virtual assets within the limits which made turnover of virtual assets.
118.  
119. 3. The holder of the key of the virtual asset is the owner of the virtual asset, except in cases where:
120.  
121. 1) Key virtual asset or virtual asset is in possession of a third person pursuant to the terms of the transaction between the custodian and the owner of the virtual asset;
122.  
123. 2) the virtual asset is transferred for safekeeping to any person in accordance with the law or a court decision that has entered into force;
124.  
125. 3) the key to the virtual asset was acquired by a person illegally.
126.  
127. 4. In case of absence of a decision of the court, which found another and which came into legal force in Ukraine, it is believed that any person where virtual assets owned in the past, on legal grounds had and has the right of ownership to this virtual asset for the entire period of ownership a virtual asset key relative to such a virtual asset.
128.  
129. 5. The contents of the right of ownership to virtual assets includes the right to have a virtual asset, the right to use the virtual asset and the right to dispose of the virtual asset on its own, if it is not contrary to the law, including by transferring the right of ownership to the virtual asset.
130.  
131. 6. Possession, use and disposal of a virtual asset is recorded in the system of ensuring the turnover of virtual assets.
132.  
133. 7. If the law established requirements as to form or material terms of the transaction of disposal of the object of providing a virtual asset, such requirements are subject to execution as at the time of committing the transaction regarding the disposal of such virtual asset.
134.  
135. Article 7. Legal consequences of disposal of secured virtual assets
136.  
137. 1. Disposal of a secured virtual asset is a disposition of the property right to the object of securing this virtual asset.
138.  
139. Article 8. Restrictions on committing transactions for the alienation of virtual assets. The insignificance of transactions with virtual assets
140.  
141. 1. On the turnover secured virtual assets subject to all the restrictions that apply to sales of objects of civil rights, which are virtual assets provided.
142.  
143. 2. In case if the provided virtual asset provided the subject of civil rights, which is under private or public encumbrance, or provided with the object of civil rights, which is removed from civil turnover, alienation of the virtual asset is not permitted, and any committed transaction regarding the alienation of such a virtual asset is negligible.
144.  
145. Section III. Virtual asset market participants
146.  
147. Article 9. Rights and obligations of market participants of virtual assets
148.  
149. 1. Virtual asset market participants have the right to:
150.  
151. 1) independently choose the contractor of participants in the market of virtual assets for the implementation of operations on virtual assets;
152.  
153. 2) receive from service providers related to the circulation of virtual assets, the necessary, accessible and reliable information about such service provider, the rules of its operation, an exhaustive list of conditions for its operations, as well as available opportunities to protect their rights;
154.  
155. 3) the proper quality of services related to the turnover of virtual assets;
156.  
157. 4) open and used for the implementation of payments for transactions of virtual asset accounts in banks ;
158.  
159. 5) on legal and other ways to protect their rights to virtual assets on the part of the state and of the part of other participants in the market of virtual assets;
160.  
161. 6) to protect their personal data in the manner prescribed by the Law of Ukraine "On Personal Data Protection ";
162.  
163. 7) independently determine and establish the value of virtual assets on which transactions with virtual assets are carried out .
164.  
165. 2. Market participants in virtual assets are obliged to:
166.  
167. 1) carry out transactions with virtual assets in good faith and at your own risk ;
168.  
169. 2) before conducting transactions with virtual assets to get acquainted with the peculiarities of the functioning of systems for ensuring the turnover of virtual assets, in which it is planned to conduct transactions with virtual assets;
170.  
171. 3) at the time the implementation of operations on virtual asset observe the requirements of the law, laws Ukraine "On prevention and counteraction to legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and the financing of proliferation of weapons of mass destruction", "On currency and foreign exchange operations", International contracts, consent to be bound by them provided by the Supreme Council of Ukraine, other normative legal acts that regulate the circulation of virtual assets.
172.  
173. 3. Suppliers of services associated with the trafficking of virtual assets, on request, to other participants of the market of virtual assets required to provide the necessary, reasonable and accurate information about themselves, the rules of his work, an exhaustive list of conditions for the implementation of operations, but also about existing possibilities of protection of rights users - other participants in the market of virtual assets. The procedure for providing such information is determined by the Cabinet of Ministers of Ukraine.
174.  
175. 4. The supplier of services associated with the trafficking of virtual assets, not may be a legal person:
176.  
177. 1) which is registered according to the law of the state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor;
178.  
179. 2) which has a location in the territory of the state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor;
180.  
181. 3) directors, chief accountant, owners of substantial participation and final beneficial owners of which are citizens of the state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor;
182.  
183. 4) what is the person who directly or indirectly controlled in the sense The proposal in Article 1 of the Law of Ukraine "On Protection of Economic Competition" resident of a foreign state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor or acting in their interests;
184.  
185. 5) End beneficial owners which are resident in a foreign state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor;
186.  
187. 6) members (shareholders) which is the ultimate ultimate owners of a resident of a foreign state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor;
188.  
189. 7) which holds directly or indirectly (through another natural or legal person) any shares of a resident of a foreign state, state, recognized by the Verkhovna Rada of Ukraine State occupier or state-aggressor;
190.  
191. 8) is among the participants (founders, shareholders) of legal persons registered in countries (jurisdictions) that do not perform or improper manner fulfill the recommendations of international, inter-governmental organizations involved in the field of struggle with legalization (laundering) of proceeds obtained by criminal way or financing terrorism or the financing of the proliferation of weapons of mass destruction.
192.  
193. 5. The provider of services related to the turnover of virtual assets may be a legal entity:
194.  
195. 1) managers, chief accountant, owners of significant participation and ultimate beneficial owners of which have an impeccable business reputation;
196.  
197. 2) which has formed the authorized capital in the amount established by this Law, and can confirm the legality of receiving funds that were directed to the formation of the authorized capital of a legal entity;
198.  
199. 3) which meets other requirements established by this Law .
200.  
201. 6. The supplier of services may be a foreign legal entity which is party to market virtual assets for the right of a foreign state conducts activities as a provider of services in the manner and on terms determined by the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets from taking into account the requirements and restrictions specified by this Law.
202.  
203. 7. Only a financial institution may be a provider of services related to the turnover of ZVA (VC) .
204.  
205. Article 10. Services and from storage or administration of virtual assets or keys virtual assets
206.  
207. 1. Services to store or administer virtual assets or keys virtual assets is to ensure the preservation of virtual assets or keys virtual assets with the ability to independently perform the movement of virtual assets in the interests and on behalf of third parties. Provider of services of storage or administration of virtual assets or keys virtual assets makes the movement of virtual assets only on the condition that such a movement is carried out according to the instructions of the owner of the virtual asset and directly provided the relevant agreement with the owner of the virtual asset on its storage or administration.
208.  
209. The amount of authorized capital for residents of Ukraine - providers of services for storage or administration of virtual assets or keys of virtual assets must be at least 70 thousand non-taxable minimum incomes . The amount of authorized capital for non-residents of Ukraine - providers of services for storage or administration of virtual assets or keys of virtual assets must be at least 350 thousand non-taxable minimum incomes .
210.  
211. 2. Not considered storage or administration of virtual assets or keys virtual assets activities which do not provide custodian opportunities independently perform the movement of virtual assets in the interests and on behalf of third parties.
212.  
213. 3. In contracts for the provision of services of storing or administering virtual assets or keys virtual assets subject to the provisions of the Civil Code of Ukraine concerning contracts for the storage of considering the features established by this Law.
214.  
215. Article 11. Services of the exchange of virtual assets
216.  
217. 1. Services of the exchange of virtual assets are activities associated with the exchange of virtual assets to other virtual assets and currency values, which made for a third person and / or on behalf and in the interest of third parties.
218.  
219. The amount of authorized capital for residents of Ukraine - providers of services for the exchange of virtual assets must be at least 35 thousand non-taxable minimum incomes . The size of authorized capital for non-residents of Ukraine providers of services with the exchange of virtual assets should be no less than 175 of thousands untaxed minimum incomes of citizens.
220.  
221. 2. Suppliers of services with the exchange of virtual assets have the right to provide services with the exchange of virtual assets only to other virtual assets or in national currency (UAH), and in cases prescribed by the National Bank of Ukraine - in other currency values.
222.  
223. Article 12. Services of transfer of virtual assets
224.  
225. 1. Services of transfer of virtual assets is moving virtual assets in the interest of third persons from the purse of virtual assets of third persons in purses virtual assets other people.
226.  
227. The amount of authorized capital for residents of Ukraine - providers of services for the transfer of virtual assets must be at least 35 thousand non-taxable minimum incomes . The amount of authorized capital for non-residents of Ukraine - providers of services for the transfer of virtual assets must be at least 175 thousand non-taxable minimum incomes .
228.  
229. 2. The provision of services of transfer of virtual assets not considered any accompanying activities associated with the provision of process or part of the process of transfer, if the provider of such services is not can directly influence, make decisions and monitor the implementation of the transfer of virtual assets.
230.  
231. Article 13. Intermediary services related to virtual assets
232.  
233. 1. brokering services associated with virtual assets is committing transactions on virtual assets (in fact including on the implementation of public offers virtual assets) in the interests of third parties.
234.  
235. The amount of authorized capital for residents of Ukraine - providers of intermediary services related to virtual assets, must be at least 35 thousand non-taxable minimum incomes . The amount of authorized capital for non-residents of Ukraine - providers of intermediary services related to virtual assets, must be at least 175 thousand non-taxable minimum incomes .
236.  
237. 2. Provider of intermediary services associated with virtual assets has the right to perform transactions with virtual assets (in fact including on the implementation of public offers virtual assets) in the interests of third persons on his behalf and on behalf of third persons on behalf of other persons and for their account.
238.  
239. Section IV. State regulation of the turnover of virtual assets
240.  
241. Article 14. General principles of state regulation of the turnover of virtual assets
242.  
243. 1. The general principles of state regulation of the turnover of virtual assets are:
244.  
245. 1) expediency - a justified need for state regulation of certain legal relations in order to solve the existing problem;
246.  
247. 2) adequacy - compliance of the forms and level of state regulation of legal relations with the need to solve the existing problem and market requirements , taking into account all acceptable alternatives;
248.  
249. 3) efficiency - ensuring the achievement as a result of the regulatory act of the maximum possible positive results at the expense of the minimum necessary expenditure of resources of economic entities , citizens and the state;
250.  
251. 4) balance - ensuring the balance of interests of economic entities , citizens and the state in regulatory activities ;
252.  
253. 5) predictability - consistency of regulatory activities, compliance with its objectives of public policy, plans of preparing draft regulatory acts, that gives an opportunity to the subjects of management to carry out the planning of their activities;
254.  
255. 6) transparency and consideration of public opinion - openness to individuals and legal entities, their associations of actions of regulatory bodies at all stages of regulatory activity, mandatory consideration by regulatory authorities of initiatives, comments and proposals submitted in the manner prescribed by law by individuals and legal entities, their associations, the obligation and timeliness of bringing the adopted regulatory acts to the notice of individuals and legal entities, their associations, informing the public about the implementation of regulatory activities.
256.  
257. 2. State regulation of the turnover of virtual assets, in particular approval of the procedure for issuing permits to service providers related to the turnover of virtual assets, is carried out by the Cabinet of Ministers of Ukraine in accordance with this Law and other laws of Ukraine. State regulation of circulation financial virtual assets carried on the participation of the authorized bodies of state power in accordance to the law on financial services and state regulation of markets of financial services.
258.  
259. Article 15. Public offer of virtual assets
260.  
261. 1. In the case of implementation of public offers virtual assets of a person who makes such an offer is obliged to prepare and publish public information defined by this Law.
262.  
263. 2. Public information should include:
264.  
265. 1) the name of the person who makes a public offer;
266.  
267. 2) address of the website of the person who makes a public offer;
268.  
269. 3) general information on virtual assets, which are offered to sale, and a description of the rights that certify these virtual assets (if any);
270.  
271. 4) conditions for the acquisition of virtual assets;
272.  
273. 5) conditions of alienation of virtual assets;
274.  
275. 6) conditions for withdrawal of virtual assets from circulation, if such withdrawal from circulation is possible;
276.  
277. 7) information on possible risks associated with the acquisition of virtual assets.
278.  
279. 3. Public information posted on the website of the person who makes a public offer, in a way that ensures total availability, immutability, ease of understanding and analyzing such information.
280.  
281. 4. The public information provided for in part two of this article may be contained in one or more documents.
282.  
283. 5. Public information published by the national language and additionally may be described in other languages by choosing a person who makes a public offer.
284.  
285. 6. Any changes to public information should be published in the manner determined by part three of this article, with a view of all the requirements of this article.
286.  
287. Article 16. The bodies that carry out state regulation in the field of sales of virtual assets
288.  
289. 1. The central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets, and the central body of executive power, which implements the state policy in the field of sales of virtual assets in their activities are guided by the Constitution and laws of Ukraine, decrees of the President of Ukraine and resolutions of the Verkhovna Rada Of Ukraine, adopted in accordance with the Constitution and laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of legislation.
290.  
291. 2. The main tasks of the central body of executive power, which ensures the formation of state policy in the field of turnover of virtual assets, within the framework and for the purpose of implementing the provisions of this Law are:
292.  
293. 1) formation and maintenance implementation of the state policy on the development and functioning of the market of virtual assets, facilitating adaptation laws of Ukraine on turnover of virtual assets to international standards;
294.  
295. 2) coordination and interaction with other state bodies on the functioning of the virtual assets market in Ukraine ;
296.  
297. 3) promoting the development of the turnover of virtual assets;
298.  
299. 4) generalization of the practice of application of the legislation on the turnover of virtual assets in Ukraine, development of proposals for its improvement.
300.  
301. 3. The main tasks of the central body of executive power, which implements the state policy in the field of sales of virtual assets within the framework and with a view to implementing the provisions of this Act are:
302.  
303. 1) implementation of state regulation and control over the turnover of virtual assets on the territory of Ukraine in the cases provided by this Law;
304.  
305. 2) protection of human participants in the market of virtual assets through the implementation of measures on prevention and cessation of violations of legislation on turnover of virtual assets, application of sanctions for violations of law in the framework of its powers;
306.  
307. 3) provision and implementation in the framework of their powers of control for the implementation of the participants of the market of virtual assets of legislation in the field of prevention and counteraction to legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and the financing of proliferation of weapons of mass destruction;
308.  
309. 4) exercising the powers of the subject of state financial monitoring.
310.  
311. 4. The central body of executive power, which ensures the formation of state policy in the field of turnover of virtual assets, within the framework of the tasks assigned to it :
312.  
313. 1) develop proposals on improvement of legislative and other regulatory legal acts on issues of sales of virtual assets within the prescribed Regulations of the Cabinet of Ministers of Ukraine manner makes them for consideration of the Cabinet of Ministers of Ukraine, took part in the prescribed manner to the preparation of other normative legal acts on issues of trafficking virtual assets;
314.  
315. 2) approved in the established order of normative acts that regulate issues sales of virtual assets;
316.  
317. 3) signs of established law order of international treaties and other agreements with the relevant authorities of foreign states on the issues of cooperation in the field of regulation of sales of virtual assets;
318.  
319. 4) carries out international cooperation with relevant state bodies and non - governmental organizations of foreign states and international organizations in terms of exchange of experience and information related to the regulation of the circulation of virtual assets;
320.  
321. 5) organizes the implementation of research and development of educational programs on the functioning of the market of virtual assets in Ukraine;
322.  
323. 6) inform the public about its activities in the framework defined by this Law objectives and about the state of the scope of turnover of virtual assets in Ukraine;
324.  
325. 7) provide state bodies with the information necessary for the exercise of their powers in the field of turnover of virtual assets;
326.  
327. 8) explains the procedure for applying the legislation on regulating the turnover of virtual assets;
328.  
329. 9) provides official conclusions on the compliance of individual virtual assets with the classification of virtual assets defined by this Law;
330.  
331. 10) develops and submits for consideration to the Cabinet of Ministers of Ukraine the procedure for issuing permits to service providers related to the turnover of virtual assets.
332.  
333. 5. The central body of executive power, which implements the state policy in the field of turnover of virtual assets, within the framework of the tasks assigned to it :
334.  
335. 1) cooperates with other state bodies in the implementation of state regulation of the turnover of virtual assets;
336.  
337. 2) issue, void, performs renewal and issuance of duplicate authorizations to provide services associated with the trafficking of virtual assets;
338.  
339. 3) enter information on service providers related to the turnover of virtual assets in the State Register of service providers related to the turnover of virtual assets;
340.  
341. 4) sets the scope, composition, terms, requirements, procedure and standards for reporting service providers related to the turnover of virtual assets;
342.  
343. 5) develops and organizes the implementation of measures aimed at preventing violations of the legislation of Ukraine on the turnover of virtual assets;
344.  
345. 6) exercise control and supervision for the observance of the participants of the market of virtual assets legislation Ukraine on turnover of virtual assets and bringing these members to justice;
346.  
347. 7) provides methodological and other assistance to service providers related to the turnover of virtual assets.
348.  
349. 6. The powers of the central body of executive power, which ensures the formation of state policy in the field of turnover of virtual assets, include:
350.  
351. 1) establishment of rules and requirements for the activities of service providers related to the turnover of virtual assets, through the development and approval of regulations , approval of acts of recommendatory and explanatory nature;
352.  
353. 2) exercise of other rights provided by law.
354.  
355. 7. The powers of the central body of executive power, which implements the state policy in the field of turnover of virtual assets, include:
356.  
357. 1) exercise supervision and control on the economic activities of suppliers of services associated with the trafficking of virtual assets in the manner prescribed by the Law of Ukraine "On main principles of state supervision (control) in the sphere of economic activity";
358.  
359. 2) making warnings publication orders to eliminate violations in the case of establishing the facts of violation of the suppliers of services associated with the trafficking of virtual assets, the requirements of legislation on turnover of virtual assets in cases and manner prescribed by this Act and taken to his execution by regulatory acts;
360.  
361. 3) consideration of cases of violation by providers of services related to the turnover of virtual assets and other persons of the legislation on the turnover of virtual assets, application of financial sanctions and measures of influence provided by law;
362.  
363. 4) receipt of prescribed law procedure explanations, information and documents that relate to the activities of suppliers of services associated with the trafficking of virtual assets from other state bodies and participants of the market of virtual assets;
364.  
365. 5) conducting, in the manner prescribed by law, independently or jointly with other state bodies inspections of compliance by service providers related to the turnover of virtual assets, the requirements of the legislation on the turnover of virtual assets;
366.  
367. 6) publication in the manner prescribed by law of information on established facts of violation of the legislation on the turnover of virtual assets;
368.  
369. 7) referral to law enforcement bodies materials on the facts of offenses for which provides for administrative and criminal liability;
370.  
371. 8) exchange experiences with the aim of preventing and combating of offenses on the market of virtual assets and establishing relations in the framework of international cooperation on terms of reciprocity, provide and obtain information on issues of functioning of the market of virtual assets and its members, who are not of state secrets and no leads to the disclosure of professional secrets;
372.  
373. 9) exercise of other powers provided by law.
374.  
375. 8. The bodies of state power that exercise , within the limits of their powers, state regulation in the sphere of turnover of financial virtual assets, are :
376.  
377. concerning ZVA (VC) - the National Bank of Ukraine;
378.  
379. on welding (PHI) - The National Commission on the securities market and the stock market.
380.  
381.  
382.  
383.  
384.  
385.  
386.  
387.  
388.  
389.  
390.  
391. Article 17. Powers of the National Bank of Ukraine in the field of turnover of virtual assets
392.  
393. 1. The National Bank of Ukraine in the field of turnover of virtual assets:
394.  
395. 1) carries out state regulation of the turnover of ZVA (VC);
396.  
397. 2) determines the list of currency values (except for the national currency (hryvnia) for which the exchange of virtual assets may be carried out , and the procedure for such exchange;
398.  
399. 3) determines the list of currency values that can be provided by ZVA (VC);
400.  
401. 4) approves for service providers related to the turnover of virtual assets, the rules of exchange of CBA (VC) and the rules of exchange of currency values (except for the national currency (hryvnia) for virtual assets);
402.  
403. 5) establish restrictions on the exchange of virtual assets for currency values ​​in accordance with the protection measures introduced by the National Bank of Ukraine in accordance with the Law of Ukraine “On Currency and Currency Transactions”;
404.  
405. 6) provides oversight on the activities of providers of services associated with the turnover secured virtual assets that provide services associated with turnover welding (TC);
406.  
407. 7) conducts scheduled and unscheduled inspections checking providers of services associated with the turnover secured virtual assets that provide services associated with turnover welding (TC);
408.  
409. 8) defines requirements on providing information security and cybersecurity providers of services associated with turnover welding (TC), which provide services associated with turnover welding (TC);
410.  
411. 9) apply measures of influence to service providers related to the turnover of ZVA (VC).
412.  
413. 2. Supervision over the activities of service providers related to the turnover of CBA (VC), which are banks, branches of foreign banks, is carried out in the manner prescribed by the Law of Ukraine "On Banks and Banking ".
414.  
415. Supervision over the activities of service providers related to the turnover of ZVA (VC), which are non-bank financial institutions, is carried out in the manner prescribed by the Law of Ukraine "On Financial Services and State Regulation of Financial Services Markets ".
416.  
417. 3. The National Bank of Ukraine has the right to conduct scheduled and unscheduled inspections checking providers of services associated with turnover welding (TC), which are banks, branches of foreign banks or non-bank financial institutions.
418.  
419. Inspections of service providers related to the turnover of ZVA (VC), which are banks, are carried out in the manner and terms specified by the Law of Ukraine "On Banks and Banking ".
420.  
421. Inspections of service providers related to the turnover of ZVA (VC), which are non-bank financial institutions, are conducted in the manner prescribed by the Law of Ukraine "On Financial Services and State Regulation of Financial Services Markets ".
422.  
423. 4. The National Bank of Ukraine in case of violation of the suppliers of services associated with turnover welding (TC), which are banks, branches of foreign banks, the requirements of legislation in the field of sales of virtual assets adequate to the committed violation has a right to apply to them measures of influence , respectively, in order and terms defined by the Law of Ukraine "On banks and banking activity" and normative legal acts of the National bank of Ukraine.
424.  
425. National Bank of Ukraine in case of violation of the suppliers of services associated with turnover welding (TC), which is a non-bank financial institutions, the requirements of legislation in the field of sales of virtual assets has the right to adequate to the committed violations apply to them measures of influence , respectively, in the manner and terms by the Law of Ukraine "On financial services and state regulation of markets of financial services" and normative legal acts of the National bank of Ukraine.
426.  
427. Article 18. Powers of the National Commission on the securities market and the stock market in the field of sales of virtual assets
428.  
429. 1. The authority of the National Commission on the securities market and the stock market in the field of traffic welding (FI) defined by the Law of Ukraine "On the market capital and organized commodity markets."
430.  
431. The National Commission on the securities market and the stock market in the field of sales of virtual assets:
432.  
433. 1) carries out state regulation of the turnover of ZVA (FI);
434.  
435. 2) determines the list of securities and derivative financial instruments for which the exchange of securities (FI) can be carried out , and the procedure for such exchange;
436.  
437. 3) determines the list of securities and derivative financial instruments that can be collateral for CBA (FI);
438.  
439. 4) approves for service providers related to the turnover of virtual assets, the rules of exchange of CBA (FI);
440.  
441. 5) sets requirements for issuers of CBA (FI);
442.  
443. 6) establishes requirements for the procedure for registration of ZVA (FI);
444.  
445. 7) establishes requirements for prospectuses of ZVA (FI) issue ;
446.  
447. 8) establishes requirements for the procedure for implementing the public proposal of the CBA (FI);
448.  
449. 9) sets requirements for issuers of ZVA (FI);
450.  
451. 10) sets requirements for the disclosure of information by issuers of CBA (FI);
452.  
453. 11) shall authorize providers of services that provide services relatively welding (FI);
454.  
455. 12) determines the procedure for combating abuse in the market of CBA (FI);
456.  
457. 13) provides oversight for the activities of suppliers of services associated with the turnover secured virtual assets that provide services associated with turnover welding (FI);
458.  
459. 14) conducts scheduled and unscheduled inspections checking providers of services associated with the turnover secured virtual assets that provide services associated with turnover welding (FI);
460.  
461. 15) defines requirements on providing information security and cybersecurity providers of services associated with turnover welding (PHI), which provide services associated with turnover welding (FI);
462.  
463. 16) apply measures of influence to service providers related to the turnover of ZVA (FI).
464.  
465. 2. Supervision on the activities of suppliers of services associated with turnover welding (FI), carried out in the manner prescribed by the Law Ukraine "On the market capital and organized commodity markets."
466.  
467. 3. The National Commission on securities market and the stock market has the right to conduct scheduled and unscheduled inspections checking providers of services associated with turnover welding (FI). Checks providers of services associated with turnover welding (FI), conducted in the manner and terms defined by the Law of Ukraine "On the market capital and organized commodity markets."
468.  
469. 4. National Commission of the securities market and the stock market in the event of breach of the suppliers of services associated with turnover welding (FI), the requirements of legislation in the field of sales of virtual assets adequate to the committed violation has a right to apply to them measures of influence , respectively, in the manner and timing , by the Law Ukraine "On the market capital and organized commodity markets."
470.  
471. Article 19. Activities of service providers related to the turnover of virtual assets
472.  
473. 1. Subjects of managing all forms of property have the right to carry out activities of provider of services associated with the trafficking of virtual assets, on condition performance requirements defined by this Law.
474.  
475. 2. The activity of providers of services related to the turnover of virtual assets is allowed only on condition of obtaining a permit for the provision of services related to the turnover of virtual assets of the relevant type, defined by this Law.
476.  
477. 3. Subjects entities are allowed to carry more than one type of activity provider of services associated with the trafficking of virtual assets, on condition of obtaining permission to provide each respective type of services associated with the trafficking of virtual assets.
478.  
479. Article 20. Permission to provide services related to the turnover of virtual assets
480.  
481. 1. The activities of providers of services related to the turnover of virtual assets shall be carried out subject to prior obtaining a permit for the provision of services related to the turnover of virtual assets. Granting authorization to provide services associated with the trafficking of virtual assets is carried out on a paid basis.
482.  
483. The amount of the fee for the issuance of a permit for the provision of services related to the turnover of virtual assets for residents of Ukraine is:
484.  
485. 1) for the issuance of a permit for storage or administration of virtual assets or keys of virtual assets - eight thousand non-taxable minimum incomes ;
486.  
487. 2) for the issuance of a permit for the exchange of virtual assets - five thousand non-taxable minimum incomes ;
488.  
489. 3) for the issuance of a permit for the transfer of virtual assets - five thousand non-taxable minimum incomes ;
490.  
491. 4) for the issuance of a permit for the provision of intermediary services related to the turnover of virtual assets - four thousand non-taxable minimum incomes .
492.  
493. The fee for issuing a permit for the provision of services related to the turnover of virtual assets for non-residents of Ukraine is:
494.  
495. 1) for the issuance of a permit for storage or administration of virtual assets or keys of virtual assets - forty thousand non-taxable minimum incomes ;
496.  
497. 2) for the issuance of a permit for the exchange of virtual assets - twenty- five thousand non-taxable minimum incomes ;
498.  
499. 3) for the issuance of a permit for the transfer of virtual assets - twenty- five thousand non-taxable minimum incomes ;
500.  
501. 4) for the issuance of a permit for the provision of intermediary services related to the turnover of virtual assets - twenty thousand non-taxable minimum incomes .
502.  
503. 2. Resolution on the provision of services associated with the trafficking of virtual assets issued by the central body of executive power, which implements the state policy in the field of sales of virtual assets.
504.  
505. 3. Issue (refusal of issuance, renewal, revocation) authorization to provide services associated with the trafficking of virtual assets is carried out according to the Law of Ukraine "About the permitting system in the sphere of economic activity" in the established by the Cabinet of Ministers of Ukraine order.
506.  
507. 4. The applicant (a person who plans to operate a service provider related to the turnover of virtual assets) must meet the following requirements:
508.  
509. 1) founders, owners of substantial participation, the final beneficial owners and managers provider of services associated with the trafficking of virtual assets should be impeccable business reputation according to the law on prevention and counteraction to legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and financing proliferation of weapons of mass destruction;
510.  
511. 2) the applicant is required to disclose information about its structure property, which allows you to set the ultimate beneficial owners of the applicant or their absence, in the manner and on a form prescribed by the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets;
512.  
513. 3) the authorized capital of the applicant may not be formed at the expense of funds, the source of which cannot be confirmed on the basis of official documents or their copies, certified in the prescribed manner.
514.  
515. 5. Submission by the person who plans to carry out the activity of the provider of services related to the turnover of virtual assets, application for obtaining (re-registration, cancellation) permission to provide services related to the turnover of virtual assets and relevant documents, as well as issuance (refusal at issuance, renewal, cancellation) it such authorization made in paper or electronic form through the United State web portal.
516.  
517. 6. The applicant (the person who intends to carry out activities of provider of services associated with the trafficking of virtual assets) submit to the central body of executive power, which implements the state policy in the field of sales of virtual assets declaration , together with the documents that are added according to the requirements set by this Law. The application for a permit for the provision of services related to the turnover of virtual assets must contain information on:
518.  
519. 1) applicant (full nay̆menuvannya yurydychnoï person code yurydychnoï person in the Unified State Register of legal persons, natural persons - entrepreneurs and community groups, location, mailing address, number of means of communication, address elektronnoï mail that is ofitsiy̆nym channel communication) ;
520.  
521. 2) types of activities provider of services associated with the trafficking of virtual assets, which is intended to carry applicant.
522.  
523. The following shall be attached to the application for a permit for the provision of services related to the turnover of virtual assets :
524.  
525. 1) code access to the results provide administrative services in the field derzhavnoï reyestratsiï, which provides access to kopiï charter or other founding document of the applicant in elektronniy̆ form of the Uniform State Register of legal persons, natural persons - entrepreneurs and community groups;
526.  
527. 2) description of the ownership structure ;
528.  
529. 3) documents that confirm the source of origin of the funds used for the formation of the share capital and actually making money for its formation;
530.  
531. 4) information, which contains information about:
532.  
533. business reputation of the ultimate beneficial owners;
534.  
535. Owners istotnoï participation of the applicant (identyfikatsiy̆ni data of persons on their business reputation, the percentage of the share capital or rights to vote, which has one such member (shareholder) of the applicant);
536.  
537. identification data, business reputation and professional experience of the applicant's managers , business reputation of the applicant;
538.  
539. identyfikatsiy̆ni data profesiy̆nyy̆ experience and impeccable business reputation of the founders of the applicant, the head and members of the collegial executive body (the person who zdiy̆snyuye powers of the sole executive body), the head and members of the Supervisory Board (if any) of such legal entity;
540.  
541. 5) internal documents of the applicant, that the governing rules of processing personal data from considering the requirements of the Law of Ukraine "On Protection of Personal Data";
542.  
543. 6) internal documents of the applicant, which regulate the procedure appropriate type of activity provider of services associated with the trafficking of virtual assets;
544.  
545. 7) a copy of the payment document that confirms the introduction of fees for issuing a permit for the provision of services associated with the trafficking of virtual assets.
546.  
547. 7. The central body of executive power, which implements the state policy in the field of turnover of virtual assets, shall refuse to issue a permit for the provision of services related to the turnover of virtual assets, if:
548.  
549. 1) documents that have been submitted for issuing a permit for the provision of services associated with the trafficking of virtual assets contain incomplete and / or mutually exclusive, and / or false information and / or do not meet the requirements of the law. Documents can be considered such that contain incomplete and / or conflicting information only on condition that the central body of executive power, which implements the state policy in the field of sales of virtual assets within the period of consideration of documents and not later as for 15 working days before the expiration of the term of consideration application and attached to it documents sent to the applicant requested to obtain additional information and appropriate adjustments on it, but not received a reply from the applicant within the prescribed period or received a response, which is not refuted previous conclusion the central body of executive power, which implements the state policy in the field of sales of virtual assets, on the incompleteness and / or mutual exclusivity, and / or inaccuracy of the information provided by the applicant ;
550.  
551. 2) a person who intends to carry out the activities of a service provider related to the turnover of virtual assets does not meet the requirements of this Law.
552.  
553. The refusal of issuing permission to provide services associated with the trafficking of virtual assets should be motivated, with indication of specific reasons and grounds for refusal.
554.  
555. In case of refusal to issue a permit, the fee for issuing a permit provided for in part one of this Article shall be refunded to the applicant upon his application, submitted in paper or electronic form through the Unified State Web Portal.
556.  
557. 8. The central body of executive power, which implements the state policy in the field of sales of virtual assets, takes a decision on granting permission for the provision of services associated with the trafficking of virtual assets, or of the refusal of his extradition within 30 days from the date of receipt of the application and added to her documents.
558.  
559. The validity of a license to conduct a certain type of activity of a service provider related to the turnover of virtual assets is one year.
560.  
561. 9. The basis for re-issuance of a permit for the provision of services related to the turnover of virtual assets is a change in the name or location of the legal entity.
562.  
563. Re - issuance of a permit for the provision of services related to the turnover of virtual assets is carried out on the application for its re-issuance.
564.  
565. The term for issuing a reissued permit for the provision of services related to the turnover of virtual assets is two working days from the date of receipt of the application for its reissuance.
566.  
567. 10. Reissuance, revocation of a license to provide services related to the turnover of virtual assets is free of charge.
568.  
569. 11. The form of authorization for the provision of services associated with the trafficking of virtual assets and the application of it getting approved by the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets.
570.  
571. 12. The grounds for revocation of the license to provide services related to the turnover of virtual assets are:
572.  
573. 1) application of the service provider related to the turnover of virtual assets;
574.  
575. 2) commission by the service provider of related to the turnover of virtual assets, more than two offenses during the calendar year;
576.  
577. 3) the presence of a criminal record of the head or founder, or the ultimate beneficial owner of the legal entity that provides services related to the turnover of virtual assets;
578.  
579. 4) establishment of non-compliance of the service provider related to the turnover of virtual assets with the requirements of this Law based on the results of consideration of documents submitted in accordance with part fifteen of this Article;
580.  
581. 5) concerning the provider of services associated with the trafficking of virtual assets, which is the bank - the decision of the National Bank of Ukraine on the classification of the bank to the category of the insolvent or on the revocation of the banking license and liquidation of the bank;
582.  
583. 6) on the supplier of services associated with the trafficking of virtual assets, which are non-bank financial institution - the decision of the National Bank of Ukraine on withdrawal (cancellation) license to proceedings activity of providing financial services to implement foreign exchange transactions.
584.  
585. The decision of the central body of executive power, which implements the state policy in the field of sales of virtual assets of canceling permission for the provision of services associated with the trafficking of virtual assets issued by the supplier of services within five working days from the date of its adoption. In this case the action permit is terminated after 10 days from the date of adoption of the decision on its cancellation.
586.  
587. 13. Details of the issuance, renewal, revocation of permission to provide services associated with the trafficking of virtual assets are made by the central body of executive power, which implements the state policy in the field of sales of virtual assets to the State register of providers of services associated with the trafficking of virtual assets.
588.  
589. 14. Entering information into the State Register of service providers related to the turnover of virtual assets is free of charge.
590.  
591. 15. Suppliers of services associated with the trafficking of virtual assets are required to inform the central body of executive power, which implements the state policy in the field of sales of virtual assets to change any information that was supplied for implementation of state registration, and to change any -yakyh information submitted to the state register of providers of services associated with the trafficking of virtual assets within 10 working days from the date of occurrence of changes in the manner prescribed by the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets.
592.  
593. 16. A provider of services related to the turnover of virtual assets, which is a bank, has the right to provide services related to the turnover of ZVA (VC), on the basis of a banking license and permission to provide services related to the turnover of virtual assets.
594.  
595. Provider of services associated with the trafficking of virtual assets, which are non-bank financial institution has the right to provide services associated with turnover welding (EC), on the basis of the license of the National Bank of Ukraine on the implementation of foreign exchange transactions and authorization to provide services, floor ' related to the turnover of virtual assets.
596.  
597. 17. The presence document permitting nature, which gives the person the right to proceedings activity of securities transactions or derivative financial instruments that allow such person also perform operations with appropriate welding (PHI) for conditions prior obtaining permission to proceedings proper kind of activity associated with turnover of virtual assets.
598.  
599.  
600.  
601. Article 21. Cooperation and coordination of activities between agencies that carry out state regulation in the field of sales of virtual assets
602.  
603. 1. The central body of executive power, which implements the state policy in the field of sales of virtual assets, the National Bank of Ukraine, National Commission on the securities market and the stock market are obliged to cooperate in accordance with the provisions of this Act.
604.  
605. 2. The central body of executive power, which implements the state policy in the field of sales of virtual assets, the National Bank of Ukraine, National Commission on the securities market and the stock market by using means of communication that allow you to record information promptly notify each other any information necessary to perform assigned to their duties according to this Law.
606.  
607. 3. The central body of executive power, which implements the state policy in the field of sales of virtual assets, the National Bank of Ukraine, the National Commission on Securities securities and stock market have a right to access to information database data each other, which are conducted with the purpose of regulation in the field of sales of virtual assets .
608.  
609. 4. The central body of executive power, which implements the state policy in the field of sales of virtual assets, and National Bank of Ukraine obliged to exchange information in a determined their order.
610.  
611. National Bank of Ukraine provided the central body of executive power, which implements the state policy in the field of sales of virtual assets, information on:
612.  
613. non-bank financial institutions, which are intended to provide services associated with turnover secured virtual assets that secured currency values and got the license of the National Bank of Ukraine to implement foreign exchange transactions;
614.  
615. providers of services associated with the trafficking of virtual assets, which are non-bank financial institutions of adopted decision of the National Bank of Ukraine on withdrawal (cancellation) license to proceedings activity of providing financial services to implement foreign exchange transactions;
616.  
617. providers of services associated with the trafficking of virtual assets, which are banks of adopted decision of the National Bank of Ukraine on the classification of the bank to the category of the insolvent or on the revocation of the banking license and liquidation of the bank.
618.  
619. The central body of executive power, which implements the state policy in the field of sales of virtual assets gives the National Bank of Ukraine information about:
620.  
621. banks and non-banking financial institutions that have received permission to provide services related to the turnover of virtual assets;
622.  
623. providers of services related to the turnover of virtual assets, which are banks or non-bank financial institutions, on the expiration of the permit for the provision of services related to the turnover of virtual assets, its re-issuance or cancellation.
624.  
625. 5. The central body of executive power, which implements the state policy in the field of sales of virtual assets, and the National Commission on the securities market and the stock market are required to exchange information in a determined their order.
626.  
627. The National Commission on Securities securities and stock market gives the central body of executive power, which implements the state policy in the field of sales of virtual assets, information on:
628.  
629. business entities, which are intended to provide services associated with turnover secured virtual assets, which provided valuable securities or derivative financial instruments and received documents permitting the nature of the National Commission on the securities market and the stock market to implement operations of the respective securities transactions or derivative financial instruments;
630.  
631. business entities who have received permission to provide services associated with turnover secured virtual assets, which provided valuable securities or derivative financial instruments and relative to which the National Commission on the securities market and the stock market was canceled document permitting nature to the implementation of operations with relevant valuable securities or derivative financial instruments.
632.  
633. The central body of executive power, which implements the state policy in the field of sales of virtual assets gives the National Commission on Securities securities and stock market information about:
634.  
635. business entities - providers of services related to the turnover of virtual assets, which have received permission to provide services related to the turnover of virtual assets;
636.  
637. business entities - providers of services related to the turnover of virtual assets, on the expiration of the permit for the provision of services related to the turnover of virtual assets, its re-issuance or cancellation.
638.  
639. Article 22. The state register of service providers related to the turnover of virtual assets
640.  
641. 1. The central body of executive power, which ensures the formation of state policy in the field of turnover of virtual assets, is the holder of the State Register of service providers related to the turnover of virtual assets. State register of providers of services associated with the trafficking of virtual assets is in the ownership of the state. Details of the supplier of services associated with the trafficking of virtual assets, which issued a permit for the provision of services associated with the trafficking of virtual assets are made by the central body of executive power, which implements the state policy in the field of sales of virtual assets to the State register of providers of services related to the turnover of virtual assets. On the basis of the decision on cancellation of authorization for the provision of services associated with the trafficking of virtual assets, the central body of executive power, which implements the state policy in the field of sales of virtual assets exclude relevant information from the State register of providers of services associated with the trafficking of virtual assets.
642.  
643. 2. State register of providers of services associated with the trafficking of virtual assets are information and telecommunications system to which the entered information is needed to perform the functions of regulation and supervision by the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets. Requirements concerning the content and volume of such information are set by the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets.
644.  
645. 3. The order of creation, formation, maintaining the State register of providers of services associated with the trafficking of virtual assets, as well as the procedure for access to other public bodies of executive power and the participants of the market of virtual assets to the information specified registry established by the Cabinet of Ministers of Ukraine.
646.  
647. Article 23. Control over the implementation of legislation in the field of turnover of virtual assets
648.  
649. 1. Control for implementation of the requirements of the Act provides central body of executive power, which implements the state policy in the field of sales of virtual assets, and other public bodies in the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine.
650.  
651. 2. Control on turnover secured virtual assets, which are equipped with individual objects of civil rights on the conditions stipulated by this law, in the limits of its powers can exercise and other public bodies if to their competence attributed regulate sales of individual objects of civil rights and / or registration of transactions with such objects of civil rights.
652.  
653. 3. Depending on the object of providing secured virtual asset governmental agencies that regulate the entry into circulation, circulation and withdrawal from circulation of the secured virtual asset is central bodies of executive power and other state bodies which carry out the regulation of turnover of the relevant facility providing secured virtual asset.
654.  
655. Article 24. Liability of service providers related to the turnover of virtual assets
656.  
657. 1. The central body of executive power, which implements the state policy in the field of sales of virtual assets, applies to persons who carry out activities in the field of sales of virtual assets are financial sanctions:
658.  
659. 1) on the proceedings of activities that have signs of activity provider of services associated with the trafficking of virtual assets without obtaining permission to provide services associated with the trafficking of virtual assets - a fine in the amount of two thousand to seven thousand untaxed minimum incomes of citizens ;
660.  
661. 2) for the implementation of supplier of services associated with the trafficking of virtual assets, other activities specified in paragraph 7 of the first article 1 of the law, than the one on which this supplier given permission according to the data of State register of providers of services associated with trafficking virtual assets - a fine in the amount of one thousand to five thousand untaxed minimum incomes of citizens;
662.  
663. 3) for providing knowingly false or inaccurate information in the documents that are attached to the application for issuance of a permit for the provision of services associated with the trafficking of virtual assets - a fine in the amount of five hundred to one thousand untaxed minimum incomes of citizens;
664.  
665. 4) for breach of terms of submission to the central body of executive power, which implements the state policy in the field of sales of virtual assets, information about the change of data entered into the State register of providers of services associated with the trafficking of virtual assets - a fine in the amount of up to one thousand times the minimum incomes of citizens;
666.  
667. 5) for failure or representation not in full volume suppliers of services associated with the trafficking of virtual assets, reporting and information and / or submission of false information to the central body of executive power, which implements the state policy in the field of sales of virtual assets - a fine in the amount of up to one thousand non-taxable minimum incomes ;
668.  
669. for actions provided for in the first paragraph of this paragraph, committed repeatedly during the year - a fine of up to two thousand non-taxable minimum incomes ;
670.  
671. 6) for failure or untimely execution of orders of the central body of executive power, which implements the state policy in the field of sales of virtual assets on elimination of violations of legislation in the field of sales of virtual assets - a fine in the amount of one thousand to five thousand untaxed minimum incomes of citizens;
672.  
673. for the actions provided for by paragraph first of this paragraph, if committed repeatedly during the year - a fine in the amount of two thousand to six thousand non-taxable minimum incomes of citizens;
674.  
675. 7) for non-compliance with the requirements established by Article 15 of this Law - a fine in the amount of one thousand to five thousand non-taxable minimum incomes ;
676.  
677. for the actions provided for by paragraph first of this paragraph, if committed repeatedly during the year - a fine in the amount of two thousand to six thousand non-taxable minimum incomes of citizens.
678.  
679. 2. The order of consideration of cases of application of the responsibility for violation of legislation in the field of sales of virtual assets, in fact including financial sanctions envisaged by part first of this article is established by the Cabinet of Ministers of Ukraine.
680.  
681. Section V. International cooperation in the field of virtual assets turnover
682.  
683. Article 25. General principles of international cooperation in the field of turnover of virtual assets
684.  
685. 1. International cooperation in the field of circulation of virtual assets is carried out in accordance with this Law, international treaties of Ukraine, other regulations .
686.  
687. 2. If an international treaty, agreement on binding is provided by the Verkhovna Rada of Ukraine, set other rules than those that are provided by this Act, applicable rules of international treaty.
688.  
689. 3. The central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets within the limits of their competence into account international experience in the development of the market of virtual assets, recommendations of international or intergovernmental organizations, as well as ensuring the implementation of relevant international standards, including standards groups on the development of financial anti - money laundering measures (FATF).
690.  
691. Article 26. Powers of state bodies to ensure international cooperation in the field of circulation of virtual assets and the procedure for their implementation
692.  
693. 1. The central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets, according to international treaties Ukraine on the principle of reciprocity or on its own initiative carries out international cooperation with relevant authorities of foreign states, of international organizations with the aim of exchanging experiences and information.
694.  
695. 2. The central body of executive power, which implements the state policy in the field of sales of virtual assets is right in the framework of international cooperation in accordance with the procedure established by the Cabinet of Ministers of Ukraine, conclude or accede to the intergovernmental agreements with relevant government agencies of foreign states and international organizations to the jurisdiction where are questions that are governed by contracts.
696.  
697. 3. Providing a central body of executive power, which implements the state policy in the field of sales of virtual assets, the corresponding authority of a foreign state information of restricted access is performed in the manner prescribed by law or international treaty of Ukraine, on terms providing body of a foreign state does not lower the level of protection of such information, than the one that is used in Ukraine.
698.  
699. 4. Providing international cooperation in the field of sales of virtual assets entrusted to the relevant national supervisory, enforcement and judicial authorities in the framework of their powers.
700.  
701. Section VI. Final and transitional provisions
702.  
703. 1. This Act shall enter into force on the date of entry into force of the law of Ukraine on introduction of amendments to the Tax Code of Ukraine concerning the characteristics of the tax operations of virtual assets, but not before the date of publication of this Law.
704.  
705. 3. To amend the following legislative acts of Ukraine:
706.  
707. 1) In the Civil Code of Ukraine (Vidomosti Verkhovnoi Rady Ukrainy, 2003 , №№ 40-44, p. 356):
708.  
709. to supplement Section III with Chapter 15 1 as follows :
710.  
711. «Chapter 15 1
712.  
713. VIRTUAL ASSETS
714.  
715. Article 201 1 . The concept of a virtual asset
716.  
717. 1. A virtual asset is an intangible good that is the object of civil rights, has value and is expressed by a set of data in electronic form. The existence and oborotozdatnist virtual asset provided the system software sales of virtual assets. A virtual asset can certify property rights, in particular claim rights to other objects of civil rights.
718.  
719. Article 201 2 . The system software sales of virtual assets
720.  
721. 1. The system of ensuring the turnover of virtual assets is a software or software and hardware complex of electronic data exchange , which provides identification and turnover of virtual assets.
722.  
723. Article 201 3 . Types of virtual assets
724.  
725. 1. Virtual assets can be secured or unsecured.
726.  
727. 2. The secured virtual asset certifies property rights, in particular the right of claim on other objects of civil rights.
728.  
729. 3. An unsecured virtual asset does not certify property rights .
730.  
731. Article 201 4 . The rights that are provided secured virtual asset
732.  
733. 1. To the person who entered in the property (ownership) is provided with a virtual asset simultaneously moving all the rights provided in this asset.
734.  
735. 2. Secured virtual assets by issue form can not be registered.
736.  
737. 3. The rights that are provided secured virtual asset owned by the bearer of the virtual asset.
738.  
739. Article 201 5 . Exercising the rights of the owner of the secured virtual asset
740.  
741. 1. The person who put into circulation a secured virtual asset shall be liable to its bearer personally.
742.  
743. 2. Failure bearer secured virtual asset in the implementation of his rights as envisaged transaction, in accordance with which it is equipped with a virtual asset was put into circulation, are not allowed. "
744.  
745. to supplement Article 331 1 with the following content:
746.  
747. "Article 331 1 . Acquisition of ownership of a virtual asset
748.  
749. 1 . The right of ownership to virtual assets acquired by the fact of creating a virtual asset commit transaction on virtual asset on the basis of the rules of law or decision of the court and certified possession of the key of the virtual asset, except in cases where:
750.  
751. 1) Key virtual asset or virtual asset is in possession of a third person pursuant to the terms of the transaction between the custodian and the owner of the virtual asset;
752.  
753. 2) the virtual asset is transferred for safekeeping to any person in accordance with the law or a court decision that has entered into force;
754.  
755. 3) the virtual asset was acquired by a person illegally.
756.  
757. 2. The right of ownership to the secured virtual asset arising from the transaction, which is committed to writing (electronic) form, according to which a person who has the intention to enter a secured virtual asset in turn, gives any other person established in the transaction property law, including the right requirements for another object of civil rights. Ownership of a secured virtual asset is terminated by the transfer to the owner of the secured virtual asset of the property right that was secured by him , in particular the ownership of the relevant object of civil rights.
758.  
759. 3. Ownership of an unsecured virtual asset arises from the moment when its first owner gets the opportunity to dispose of it in the system of ensuring the turnover of virtual assets. The right of ownership on unsecured virtual asset exists for the entire period of existence (functioning) system software sales of virtual assets.
760.  
761. 4. If the law established requirements as to form or material terms of the transaction of disposal of the object of providing a virtual asset, such requirements are subject to counting of as at the time of committing the transaction regarding the disposal of such virtual asset ";
762.  
763. 6) The list of documents permitting character in the field of economic activity, approved by the Law of Ukraine "On the list of documents of allowing character in the sphere of economic activity" (Bulletin of the Verkhovna Rada of Ukraine, 2011 r., Number 47, Art. 532 with the following modifications) to supplement paragraphs 156-159 of the following content:
764.  
765. “156.
766.  
767. Permission to provide services to store or administer virtual assets or keys virtual assets
768.  
769. Law of Ukraine "On Virtual Assets"
770.  
771. 157 .
772.  
773. Permission to provide services with the exchange of virtual assets
774.  
775. Law of Ukraine "On Virtual Assets"
776.  
777. 158.
778.  
779. Permission to provide services with transfer of virtual assets
780.  
781. Law of Ukraine "On Virtual Assets"
782.  
783. 159.
784.  
785. Permission to provide intermediary services related to virtual assets
786.  
787. Law of Ukraine “On Virtual Assets”;
788.  
789. 4) in the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets ” (Vidomosti Verkhovnoi Rady Ukrainy, 2002 , № 1, Art. 1 with the following changes):
790.  
791. the first part of Article 4 shall be supplemented with paragraph 15 as follows :
792.  
793. "15) services related to the turnover of financial virtual assets";
794.  
795. paragraphs second and third parts of the first articles 21 to lay out in this edition:
796.  
797. "As markets capital and organized commodity markets, market services associated with turnover secured virtual assets, which provided valuable securities and derivative financial instruments - National Commission on the securities market and the stock market;
798.  
799. on the markets of banking services, services related with turnover secured virtual assets that secured currency values and other than specified in paragraph second of the parts markets non-banking financial services - the National Bank of Ukraine ";
800.  
801. of the first Article 39 after the words "non-bank financial services" supplemented the words "service connected with the turnover secured virtual assets that secured currency values";
802.  
803. 9) of the Law of Ukraine "On prevention and counteraction to legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and the financing of proliferation of weapons of mass destruction" (Bulletin of the Verkhovna Rada of Ukraine, 2020 r., Number 25, Art. 171 of the following changes):
804.  
805. in part one of Article 1:
806.  
807. paragraph 2 add the words "virtual assets";
808.  
809. paragraphs 13 and 51 present in this edition:
810.  
811. "13) A virtual asset is an intangible good that is the object of civil rights, has value and is expressed by a set of data in electronic form. The existence and oborotozdatnist virtual asset provided the system software sales of virtual assets. A virtual asset may certify property rights, in particular claim rights to other objects of civil rights ”;
812.  
813. "51) suppliers of services associated with the trafficking of virtual assets - entities entities - legal persons who carry out in the interest of third persons one or several of these types of activities:
814.  
815. storage or administration of virtual assets or keys of virtual assets;
816.  
817. exchange of virtual assets;
818.  
819. transfer of virtual assets;
820.  
821. provision of intermediary services related to virtual assets ";
822.  
823. of the first article 2 after the words "providing of financial operations on the territory of Ukraine and behind its borders according to" supplement the words "law or";
824.  
825. in part three of article 6, paragraph 5 of the first article 18, the words "Ministry of digital transformation of Ukraine" to replace in all cases the words "central body of executive power, which implements the state policy in the field of sales of virtual assets" in the appropriate case;
826.  
827. paragraph 25 of the second part of Article 8 shall be supplemented with the words "and / or related to virtual assets";
828.  
829. the twentieth part of Article 11 after the words "the fourth paragraph " to add the words "and the fifth paragraph (in terms of transfer of virtual assets)";
830.  
831. Article 14 present in this edition:
832.  
833. "Article 14. The information that accompanies a transfer of funds or virtual assets
834.  
835. 1. The subject of primary financial monitoring, which provides services for the transfer of funds and / or virtual assets to the payer (initiator of the transfer), must ensure that all transfers are accompanied by:
836.  
837. 1) information about the payer (initiator of the transfer):
838.  
839. a) a natural person (natural person - entrepreneur) - last name, first name and (if available) to his father; number of account / e- wallet in which stores electronic money (hereinafter - the electronic wallet) / ID in the system software sales of virtual assets, on which are written off funds, and in case of no account - a unique account number of financial transactions, which allows you to perform tracking operation ( hereinafter - the unique registration number of the financial transaction); place of residence or place of stay of physical person - resident or a place of temporary stay in Ukraine of physical persons - non-residents; number and (if available) a series of passports of the citizen Ukraine (another document that certifies the identity and according to the laws of Ukraine may be used on the territory of Ukraine for the conclusion of transactions) or the registration number registration card of the payer of taxes, or the date and place of birth;
840.  
841. b) legal entity - full name; location or identification code in accordance with only the state register of enterprises and organizations of Ukraine (for residents), number of account / e- wallet / ID in the system software sales of virtual assets, on which are written off funds, and in case of no account - a unique account number of financial transactions;
842.  
843. c) trust or other similar legal entity - full name; location, number of account / e- wallet / ID in the system software sales of virtual assets, on which are written off funds, and in case of no account - a unique account number of financial transactions;
844.  
845. 2) information about the recipient of the transfer of funds:
846.  
847. a) a natural person (natural person - entrepreneur) - last name, first name and (if available) by name, number of account / e- wallet / ID in the system software sales of virtual assets, on which credited the funds and in case of no account - unique account number of financial transactions;
848.  
849. b) legal entity - full name, account number / e- wallet / identifier in the system of ensuring the turnover of virtual assets, to which funds are credited , and in the absence of an account - a unique account number of the financial transaction;
850.  
851. c) trust or other similar legal entity - full name, account number / e- wallet / identifier in the system of ensuring the turnover of virtual assets to which funds are credited , and in the absence of an account - a unique account number of the financial transaction.
852.  
853. The requirements provided for in this part may not apply in the cases specified in parts three and four of this article.
854.  
855. 2. The subject of primary financial monitoring, which provides services for the transfer of funds and / or virtual assets to the payer ( transfer initiator ), shall carry out appropriate verification prior to the transfer by verifying the payer ( transfer initiator ) in part of the data specified in paragraph 1 of part one of this articles, based on official documents or information obtained from official and / or reliable sources.
856.  
857. 3. In the case of initiating the transfer in within Ukraine with the use of electronic payment means of electronic money in the amount of at least 30 of thousands hryvnia , or an amount equivalent to the specified amount in fact those in foreign currency on terms no signs of connectedness such financial transactions with other financial operations, which in the amount exceeding 30 of thousands hryvnia, such transfer shall be accompanied by a minimum number of account / e- purse or unique number of electronic payment means payer (originator transfer) / pre- paid cards , multi- use and number of account or unique number of electronic payment tool receiver / pre- paid multi-purpose cards , and in the absence of an account / e- wallet - a unique account number of the financial transaction.
858.  
859. When this subject of primary financial monitoring, which provides services of transfer of money to the payer (initiator transfer), within three working days from the date of receipt of the request from the agent of transfer of funds or the subject of primary financial monitoring, which provides services of transfer of funds to the recipient, is obliged to provide:
860.  
861. 1) information about the payer (initiator of the transfer):
862.  
863. a) a natural person (natural person - entrepreneur) - last name, first name and (if applicable) by the father or the number of account / e- wallet of which are debited funds or unique number of electronic payment means / pre- paid cards , multi- use, and in the absence of an account / e- wallet - a unique account number of the financial transaction;
864.  
865. b) a legal person - full name, phone billing / electronic wallet of which are debited funds or unique number of electronic payment means / pre- paid cards , multi- use, and in case of absence of the account / e- purse - a unique account number of financial transactions;
866.  
867. c) trust or other similar legal education - full name, phone billing / electronic wallet of which are debited funds, as in the case of absence of the account / e- purse - a unique account number of financial transactions;
868.  
869. 2) information about the recipient of the transfer of funds:
870.  
871. a) a natural person (natural person - entrepreneur) - last name, first name and (if available) by name, number of account / e- purse on which credited funds or unique number of electronic payment means / pre- paid cards , multi- use, and in in the absence of an account / e- wallet - a unique account number of the financial transaction;
872.  
873. b) a legal person - full name, phone billing / electronic wallet to which credited funds or unique number of electronic payment means / pre- paid cards , multi- use, and in case of absence of the account / e- purse - a unique account number of financial transactions;
874.  
875. c) trust or other similar legal education - full name, phone billing / electronic wallet to which credited the funds and in case of absence of the account / e- purse - a unique account number of financial transactions.
876.  
877. An initial financial monitoring, which provides services of transfer of money to the payer (initiator transfer) can not carry out the verification of the payer (originator transfer) pursuant to part second of the article, except in cases where:
878.  
879. there is a suspicion that a financial transaction or a set of related financial transactions may be related to the legalization (laundering) of proceeds from crime , the financing of terrorism or the financing of the proliferation of weapons of mass destruction;
880.  
881. an initial financial monitoring, which provides services of transfer of money to the payer (initiator transfer), receives from the taxpayer (initiator transfer) electronic money for their exchanges / settlement to wire funds from the purpose of their further transfer.
882.  
883. 4. In case of initiating the transfer on the verge of Ukraine in the amount of at least 30 of thousands hryvnia , or an amount equivalent to the specified amount in fact those in foreign currency on terms no signs of connectedness such financial transactions with other financial transactions that a sum exceeding 30 of thousands hryvnias, such transfer must be accompanied by at least:
884.  
885. 1) information about the payer (initiator of the transfer):
886.  
887. a) a natural person (natural person - entrepreneur) - last name, first name and (if available) by name, number of account, from which the debited funds, as in the case of no account - a unique account number of financial transactions;
888.  
889. b) legal entity - full name, account number from which funds are debited , and in the absence of an account - a unique account number of the financial transaction;
890.  
891. c) trust or other similar legal entity - full name, account number from which funds are debited , and in the absence of an account - a unique account number of the financial transaction;
892.  
893. 2) information about the recipient of the transfer of funds:
894.  
895. a) a natural person (natural person - entrepreneur) - last name, first name and (if available) by name, number of account to which credited the funds and in case of no account - a unique account number of financial transactions;
896.  
897. b) legal entity - full name, account number to which the funds are credited , and in the absence of an account - a unique account number of the financial transaction;
898.  
899. c) trust or other similar legal entity - full name, account number to which funds are credited , and in the absence of an account - a unique account number of the financial transaction.
900.  
901. An initial financial monitoring, which provides services of transfer of money to the payer (initiator transfer) can not carry out the verification of the payer (originator transfer) pursuant to part second of the article, except in cases where:
902.  
903. there is a suspicion that a financial transaction or a set of related financial transactions may be related to the legalization (laundering) of proceeds from crime , the financing of terrorism or the financing of the proliferation of weapons of mass destruction;
904.  
905. an initial financial monitoring, which provides services of transfer of money to the payer (initiator transfer), receives from the taxpayer (initiator transfer) money in cash form for the implementation of the transfer , or electronic money for their exchanges / settlement to wire funds from the purpose of their further transfer.
906.  
907. 5. An entity of initial financial monitoring, which provides services of transfer of funds and / or virtual assets payer (the initiator transfers) are prohibited to perform transfer of money / virtual assets in case of lack of information, which should be accompanied by a financial transaction with the transfer of funds and / or virtual assets in the cases provided for in parts one, three and four of this article , respectively .
908.  
909. 6. The intermediary for the transfer of funds / the subject of primary financial monitoring, which provides services for the transfer of funds and / or virtual assets to the recipient, is obliged to:
910.  
911. 1) establish procedures for checks that data about the payer (originator transfer) and receiver transfer completed with the use of signs and symbols that allowed the rules of the relevant payment system / system sales of virtual assets (in case of availability of such claims payment system / system sales of virtual assets) ;
912.  
913. 2) establish procedures for monitoring transfers, including (if necessary) monitored in real time or monitored by the fact perform transfer to detect the absence of information on the payer (originator transfer) and / or recipient of transfer in cases if such information is provided pursuant to this Article .
914.  
915. 7. An initial financial monitoring, which provides services of transfer of funds and / or virtual assets recipients has proper checks before entering the transfer to the account of the recipient / purse virtual assets of the recipient or issuing him money in cash form by verification of the recipient as part of the data listed in paragraph 2 of the first of this article, on the basis of official documents or information obtained from official and / or reliable sources of considering the features defined part eight of this article.
916.  
917. 8. In the event of payment transfers in the amount of at least 30 of thousands hryvnia , or an amount equivalent to the specified amount in fact those in foreign currency on terms no signs of connectedness such financial transactions with other financial transactions that a sum exceeding 30 of thousands hryvnia sub 'The object of primary financial monitoring, which provides services of transfer of funds and / or virtual assets recipients can not carry out the verification of the recipient according to part seven of this article, except in cases where:
918.  
919. there is a suspicion that a financial transaction or a set of related financial transactions may be related to the legalization (laundering) of proceeds from crime , the financing of terrorism or the financing of the proliferation of weapons of mass destruction;
920.  
921. an initial financial monitoring, which provides services of transfer of funds and / or virtual assets recipients shall pay a transfer in cash form or on behalf of the recipient makes the purchase of electronic money / virtual assets.
922.  
923. 9. Verification of the payer (initiator of the transfer / recipient) may not be carried out if the payer (initiator of the transfer) / recipient has been previously identified and verified in accordance with the procedure specified in Article 11 of this Law.
924.  
925. 10. The mediator of the transfer of funds / subject of primary financial monitoring, which provides services of transfer of funds and / or virtual assets recipients should establish procedures for the basis of a risk-based approach for adopting a decision on implementation, reject or stop the transfer of funds and / or virtual assets that do not contain the information provided for in this article, and take appropriate action.
926.  
927. 11. If the intermediary of the transfer of funds at the time of obtaining the transfer revealed the fact of lack of data about the payer (originator transfer) and / or the recipient provided by this Article, or such data filled out using characters that are not permitted rules of the relevant payment system, the mediator of the transfer of funds should take a decision on the basis of a risk-based approach of the deviation of the transfer or of submitting a request to obtain the necessary information before or after the implementation of the transfer of funds.
928.  
929. 12. If the subject of primary financial monitoring, which provides services for transfer of funds and / or virtual assets to the recipient, during the receipt of the transfer found the fact of absence of data on the payer ( transfer initiator ) and / or recipient provided by this article, or such data are filled with the use of characters that are not permitted rules of the relevant payment system / system sales of virtual assets, an initial financial monitoring, which provides services of transfer of funds and / or virtual assets recipients must take a decision on the basis of a risk-based approach of the deviation of the transfer or to submit a request for the necessary information before or after the transfer of funds to the recipient's account / wallet of virtual assets or their issuance to the recipient in cash .
930.  
931. 13. If the subject of primary financial monitoring, which provides services for transfer of funds and / or virtual assets to the payer (initiator of transfer) / intermediary for transfer of funds repeatedly does not provide upon request information about the payer (initiator of transfer) / recipient, the subject of primary financial monitoring, which sent the request, shall take appropriate measures, including sending warning of certain finite period provide the requested information or to reject any future transfers, or to restrictions (cancellation) of business relations with the relevant entity of initial financial monitoring.
932.  
933. 14. An initial financial monitoring, which provides services of transfer of funds to the recipient / intermediary of the transfer of funds is obliged to inform the National Bank of Ukraine on the facts no information about the payer (originator transfer) / payee transfer in the manner prescribed by the National Bank of Ukraine.
934.  
935. 15. An initial financial monitoring, which provides services of transfer of virtual assets to the recipient, is obliged to inform the central body of executive power, which implements the state policy in the field of sales of virtual assets of facts no information about the payer (originator transfer) / payee transfer in the procedure established by the central body of executive power, which implements the state policy in the field of turnover of virtual assets.
936.  
937. 16. An initial financial monitoring, which provides services of transfer of funds and / or virtual assets to the recipient / intermediary of the transfer of funds should take into account the fact that the lack of information on the payer (originator transfer) / payee transfer at the time of analysis of financial transactions and in case of presence of the suspect to notify the specially authorized body within the terms specified by this Law.
938.  
939. 17. The mediator of the transfer of funds should be under a realization of transfer to ensure the preservation and transmission of all received information on the payer and the recipient of the transfer.
940.  
941. 18. The requirements of this article apply to financial transactions with the transfer, which are carried out using electronic money and virtual assets.
942.  
943. 19. If the payer or recipient of transfer of virtual assets acting in their own interests and do not use the services of provider service of virtual assets involved to such a transfer of an initial financial monitoring other party transfer provides storage defined part first of this article information about his client without support transfer such information.
944.  
945. 20. The requirements of this article do not apply to the following cases :
946.  
947. 1) operations withdrawing funds from your own account;
948.  
949. 2) transfer of funds from the purpose of the payment of taxes, duties, fees, fees for obligatory state pension and social insurance, penal sanctions and penalties for violation of the law to state and local budgets and the Pension Fund on account of State power, bodies of local self-government transfer of funds to pay for housing and communal services;
950.  
951. 3) transfer of funds if the payer (initiator transfer) and the recipient are the subjects of primary financial monitoring, which provide services of transfer of funds, as well as acting on its behalf and for its own account;
952.  
953. 4) transfer of funds if the use of electronic payment means or electronic money for payment of goods or services and the number of electronic payment means and / or pre- paid cards , multi- application accompanied by the transfer to the entire road traffic flows;
954.  
955. 5) transfer funds in the amount of at least 30 of thousands hryvnia , or an amount equivalent to the specified amount in fact those in foreign currency for transfer to the account of the recipient solely with the purpose of payment of the cost of goods, works and services, repayment of debt on credit for the conditions that sub ' The object of primary financial monitoring, which provides services of transfer of funds to the recipient, can make tracking the transfer of funds through the recipient by using a unique account number of financial transactions and identify the person who has signed a contract with the recipient of the supply of goods, performance of works, provision of services, provision of credit;
956.  
957. 6) Transfer of funds between payer (initiator transfer) and the recipient of the payment that is made through an intermediary, authorized to conduct negotiations and enter into a contract of sale of goods or services on behalf of the taxpayer (initiator transfer) or payee;
958.  
959. 7) operations with the provision of transfer of funds which are carried out by operators services payment infrastructure;
960.  
961. 8) transfer funds in cash in within Ukraine in the amount of less than five thousand hryvnia, on condition no signs of connectedness such financial transactions with other financial transactions that a sum exceeding five thousand UAH.
962.  
963. 21. Other cases in which not subject to the requirements of this article may be established by normative legal acts of the National Bank of Ukraine and the central body of executive power, which implements the state policy in the field of sales of virtual assets ";
964.  
965. 7) paragraph 6 of the first Article 46 of the Law of Ukraine "On prevention of corruption" (Bulletin of the Verkhovna Rada of Ukraine, 2014 r., Number 49 c. 2056 with the following modifications) present in the following wording:
966.  
967. "6) intangible assets that are the subject of the declaration or the members of his family, in fact among the objects of intellectual property that can be evaluated in monetary terms, virtual assets. By the information on intangible assets included data on the type and characteristics of assets, the value of assets in monetary units of Ukraine at the time of occurrence of the right of ownership, date of occurrence of the rights to them and to information on virtual assets - type of asset, its name, size, cost to date acquisition of rights in the monetary unit of Ukraine, as well as identification of system software sales of virtual assets, on which are declared virtual assets, information about verification entity declaration and / or member of his family in system software sales of virtual assets, including supplier services data on the transaction for the acquisition of such assets, sufficient to identify the parties to the agreement ";
968.  
969. 5 ) of the second article 2 of the Law of Ukraine "On Protection of Rights consumers" (Bulletin of the Verkhovna Rada of Ukraine, 2006 r., Number 7, Art. 84; 2019 r., Number 44 Art. 278) present in the following wording:
970.  
971. “2. Peculiarities of protection of the rights of consumers of financial services, as well as services related to the turnover of virtual assets, are determined by the relevant laws ”;
972.  
973. 2 ) Article 7 of the Law of Ukraine “On the National Bank of Ukraine” (Vidomosti Verkhovnoi Rady Ukrainy, 1999 , № 29, Art. 238 , as amended) shall be supplemented with item 30 1 of the following content:
974.  
975. "30 1 ) carries out the state regulation and supervision in the sphere of circulation secured virtual assets that secured currency values according to the law that regulates the turnover of virtual assets;";
976.  
977. 8) Article 9 of the Law of Ukraine “On Currency and Currency Transactions” (Vidomosti Verkhovnoi Rady Ukrainy, 2018 , № 30, Art. 239) shall be supplemented with a new part of the following content after the third part :
978.  
979. “4. Suppliers of services associated with the trafficking of virtual assets, which are non-bank financial institutions providing financial services associated with turnover secured virtual assets, which certify law on currency values on the basis of a license for realization of currency transactions. ".
980.  
981. In connection with this part of the fourth - seventh considered under paragraphs five to eight.
982.  
983. 3) the first paragraph of Article 73 of the Law of Ukraine “On Banks and Banking Activity” (Vidomosti Verkhovnoi Rady Ukrainy, 2001 , №5 - 6, Art. 30 with subsequent amendments) after the words “weapons of mass destruction” shall be supplemented with the words “legislation on virtual assets ”.
984.  
985. 4. The Cabinet of Ministers of Ukraine within three months from the date of entry into force of this Law:
986.  
987. 1) develop and enter into effect:
988.  
989. the order of creation, formation, maintenance, and also the procedure for access to other public bodies of executive power and the participants of the market of virtual assets to the State register of providers of services associated with the trafficking of virtual assets;
990.  
991. the procedure for consideration of cases on the application of liability for violations in the field of turnover of virtual assets, in particular provided for in part one of Article 24 of this Law;
992.  
993. 2) bring its normative acts in compliance with this law and take other organizational measures necessary for the implementation of the powers conferred by this Act on the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets, and the central body of executive power, that implements the state policy in the field of turnover of virtual assets;
994.  
995. 3) adopt normative legal acts necessary for the implementation of the provisions of this Law;
996.  
997. 4) provide review and cancellation by the central bodies of executive power of their normative legal acts that contradict this Law.
998.  
999. 5. The Cabinet of Ministers of Ukraine shall, within six months from the date of entry into force of this Law, ensure the functioning of the State Register of Service Providers Related to the Turnover of Virtual Assets.
1000.  
1001. 2. To establish that the sanctions provided for in Article 20 of this Law shall be applied to violations committed after the expiration of three months from the date of introduction of the State Register of Service Providers related to the turnover of virtual assets.
1002.  
1003. 6. The National Bank of Ukraine in the six-month period from the date of publication of this Act:
1004.  
1005. bring their legal acts into conformity with this Act;
1006.  
1007. ensure the adoption of acts necessary for the implementation of this Law.
1008.  
1009. 7. National Commission on securities market and the stock market in the six-month period from the date of publication of this Act:
1010.  
1011. bring their legal acts into conformity with this Act;
1012.  
1013. ensure the adoption of acts necessary for the implementation of this Law.
1014.  
1015. 8. The Cabinet of Ministers of Ukraine within six months from the date of publication of this Act a central body of executive power, which implements the state policy in the field of sales of virtual assets.
1016.  
1017. Temporarily, to the creation of a central body of executive power, which implements the state policy in the field of sales of virtual assets perform its functions put on the central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets.
1018.  
1019. The central body of executive power, which ensures the formation of state policy in the field of sales of virtual assets, performs the powers of the subject of state financial monitoring in the field of sales of virtual assets to the moment of the creation of a central body of executive power, which provides implementation of state policy in the field of sales of virtual assets
1020.  
1021. 9. The Cabinet of Ministers of Ukraine in 2022 to inform the Verkhovna Rada of Ukraine on the status of implementation of this Law.
1022.  
1023.