Legal Basis

The activity of the Foreign Intelligence Service of Ukraine is regulated by the Constitution of Ukraine, the Laws of Ukraine “On National Security of Ukraine”, “On Intelligence”, “On the Foreign Intelligence Service of Ukraine”, “On Operational and Investigative Activities”, “On Counterintelligence Activities”, other Laws of Ukraine, as well as regulations adopted in accordance with them.

The first act to legislatively regulate intelligence activity was the Law “On Intelligence Agencies of Ukraine” adopted by the Verkhovna Rada of Ukraine on March 22, 2001. It defined the legal basis for the organization and operation of intelligence agencies, their main tasks, principles, rights, methods and means of activity, the procedure for control and supervision of their work, as well as the legal status of employees of these agencies and their social guarantees.

The adoption of the Law of Ukraine “On the Foreign Intelligence Service of Ukraine” by the Verkhovna Rada of Ukraine on December 1, 2005 was an important stage in the establishment of the Foreign Intelligence Service of Ukraine as an independent state body.

On July 17, 2020, the Law of Ukraine “On the Foreign Intelligence Service of Ukraine” was amended.

On September 17, 2020, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Intelligence”.

For the first time, the intelligence community, a circle of entities whose activities directly or indirectly relate to the protection of Ukraine's state interests from external threats, was established at the legislative level. It defined the role and place of individual actors in this community in fulfilling tasks to ensure Ukraine's external security, as well as the principles of their interaction with each other.

The Law clearly delineates the powers and responsibilities of intelligence agencies, focusing their efforts on priority areas of national security, prevents duplication of their tasks and functions, and at the same time ensures an integrated approach to the implementation of intelligence priorities in the relevant spheres.

The long-awaited separation of the mechanism for conducting intelligence activities from the system of operational and investigative activities took place. Before the Law came into force, intelligence activities, which are primarily aimed at obtaining information, had been regulated by the Criminal Procedure Code of Ukraine and the Law of Ukraine “On Operational and Investigative Activities”. The regulation of the specifics of intelligence activities was incorrectly included in the framework of anti-criminal legislation and needed changes that were reflected in the Law of Ukraine “On Intelligence”.

For the first time in the national history, at the legislative level were defined the social and legal status, as well as the relevant guarantees for persons who confidentially cooperate with intelligence agencies (compensation, benefits, various types of assistance, etc.).

The Law of Ukraine “On Intelligence” is a comprehensive legislative act that provides for amendments to more than 25 other legislative acts.

It is also important that the provisions of the Law strengthen democratic civilian control over the intelligence segment of the national security and defense sector, first of all parliamentary and public control. This will facilitate a clear understanding of the tasks, methods and techniques of the intelligence community, as well as the possibility of proper evaluation of the results of these activities.

 

LAW OF UKRAINE

On the Foreign Intelligence Service of Ukraine

This Law defines the legal status, general structure, principles of management and total number of the personnel of the Foreign Intelligence Service of Ukraine.

Article 1. Legal Status of the Foreign Intelligence Service of Ukraine

1. The Foreign Intelligence Service of Ukraine is an intelligence agency of Ukraine, which functions as a separate state body, does not belong to the executive system and carries out its activities under the general leadership of the President of Ukraine and democratic civilian control in accordance with the Law of Ukraine “On Intelligence”.

2. The Foreign Intelligence Service of Ukraine, as an intelligence agency of Ukraine, is part of the security forces, and as a military formation – of the defense forces of the security and defense sector of Ukraine.

Article 2. Leadership of the Foreign Intelligence Service of Ukraine

1. The Foreign Intelligence Service of Ukraine is managed by the Head of the Foreign Intelligence Service of Ukraine, who is appointed and dismissed by the President of Ukraine.

2. The Head of the Foreign Intelligence Service of Ukraine has a First Deputy Head and Deputy Heads of the Foreign Intelligence Service of Ukraine. Their number, appointment and dismissal are determined by the President of Ukraine upon the proposal of the Head of the Foreign Intelligence Service of Ukraine.

Article 3. General Structure of the Foreign Intelligence Service of Ukraine

1. The general structure of the Foreign Intelligence Service of Ukraine consists of HUMINT units, SIGINT units, operational support units, information and analysis units, internal security units, as well as other units in accordance with the Organizational Structure of the Foreign Intelligence Service of Ukraine approved by the President of Ukraine.

2. In order to fulfill its tasks, the Foreign Intelligence Service of Ukraine may create (not exceeding the total number of the personnel) regional units, as well as institutions, enterprises, and organizations.

Article 4. Total Number of the Personnel of the Foreign Intelligence Service of Ukraine

1. The approved total number of the personnel of the Foreign Intelligence Service of Ukraine is 4,350, including up to 4,010 military servicemen, and in a special period – in the amount according to the Mobilization Plan of Ukraine.

Article 5. Final Provisions

1. This Law shall enter into force simultaneously with the entry into force of the Law of Ukraine “On Intelligence”.

2. In terms of tasks, rights and duties, the Foreign Intelligence Service of Ukraine is the legal successor of the liquidated intelligence agency of the Security Service of Ukraine.

President of Ukraine V. ZELENSKYY

Kyiv

July 17, 2020

No. 809-IX