This law stipulates that the entities of primary financial monitoring, that, in particular, include lawyers and notaries, should independently check the operations of their clients and notify the suspected relevant control bodies. Moreover, the subject of the initial financial monitoring should refuse to conduct the operation if he sees that it has risks.

Yes, part 2 of Art. 6 of Law No. 361-IX provides that the entities of initial financial monitoring are:

- business entities providing tax advice;

- Law Offices, Bar Associations and attorneys who practice solely on the practice of advocacy;

- notaries;

- entities providing legal services.

We will add that the primary financial monitoring entities are also accountants who provide private services, but the law does not apply to accountants who work in the state of the company.

Part 5 of Art. 32 of Law No. 361-IX stipulates that penalties may be applied to the relevant entity of the initial financial monitoring in case of control violations. Previously, the maximum amount of the corresponding fine (except for banks) was 34 thousand UAH. Currently, fines for all entities undergoing initial financial monitoring are increasing but differentiating:

- for violation of requirements for carrying out due diligence, requirements for revealing the affiliation of clients and other persons to politically significant persons, members of their families, persons related to them, in cases stipulated by the law, - up to 12 thousand tax-free minimum incomes of citizens;

- for failure to submit, untimely submission, violation of the order of submission or submission to the specially authorized body of false information in the cases stipulated by the legislation - up to 20 thousand tax-free minimum incomes of citizens;

- for preventing the state financial monitoring entity from carrying out its oversight in the field of prevention and counteraction, including for preventing the inspection on compliance with the requirements of the legislation in the field of prevention and counteraction, creating obstacles in its implementation and / or failure to file, filing no in full, submission of false information / documents, submission of copies of documents in which it is impossible to read all the information specified in them, at the request of the subject of public financial monitoring, necessary for them Look for prevention and counteraction under this Act - up to 20 thousand tax-free minimum incomes of citizens;

- for failure to comply with the requirements for elimination of detected violations and / or for taking measures to eliminate the reasons that contributed to their commission, as well as not taking measures for eliminating the identified deficiencies in the organization of and conducting the initial financial monitoring - up to 100 thousand tax-free minimum incomes of citizens;

- for failure to detect, untimely detection of financial transactions subject to financial monitoring, and violation of the procedure for their registration - up to 20 thousand tax-free minimum incomes of citizens.

After transferring the amount of the fine, the entity sends a copy of the receipt or other payment document for payment of the fine to the control body. If the subject does not pay the fine within the stipulated period from the date of receipt of the decision on imposition of the fine, the control body shall apply to the court with a claim for recovery from the subject of the corresponding amount of the fine.

Moreover, the decision to impose a fine may be challenged by the subject in accordance with the procedure established by law.

Please note that the Law is recognized as one of the bodies performing the functions of state financial monitoring, the Ministry of Justice of Ukraine.

Thus, in paragraph 1 of part 2 of Article 14 of the Law, the Ministry of Justice of Ukraine is obliged to supervise in the field of prevention and counteraction to the legalization (laundering) of proceeds from crime, or the financing of terrorism by the activities of notaries, lawyers and persons providing legal services entity), in particular by conducting routine and unscheduled inspections, including on-site visits.

Scheduled verification is the verification of the subject's activity as provided for in the audit plan. An unscheduled audit is an audit that is not provided for in the audit plan. The Ministry of Justice and its territorial authorities are entitled to carry out on-site and off-site inspections. The reason for the Ministry of Justice (Department of Justice) to conduct a planned review of a subject for compliance with the requirements of the legislation in the field of prevention and counteraction to the legalization (laundering) of proceeds from crime or terrorist financing is to include it in the plan for conducting checks for the relevant quarter, which approved by the order of the Ministry of Justice (item 2.1 of the Procedure for carrying out inspections by the Ministry of Justice of Ukraine of the entities of primary financial monitoring, approved by the order of the Ministry of Justice of Ukraine dated 29.09.2010 No. 2338/5).

List of issues covered during the planned audit by the Ministry of Justice.

During the scheduled check, the following are checked:

1) the procedure of registration with the SFMS of the entity;

2) identifying financial transactions subject to financial monitoring that may be related, related to, or intended to finance terrorism;

3) classification of clients taking into account the risk criteria defined by SFMS and the procedure of taking precautionary measures against clients whose activity indicates an increased risk of such operations;

4) the procedure for notification to the SFMS of financial transactions subject to financial monitoring in accordance with the Law and for which there are reasonable grounds to suspect that they are related, related or intended to finance terrorism;

5) the procedure for the collection and storage of documents concerning the identification of persons who conducted the financial transaction, which is subject to financial monitoring in accordance with the Law;

6) issues under the Regulation on the financial monitoring of entities, state regulation and supervision by the Ministry of Justice of Ukraine.

When can the Justice Ministry initiate an unscheduled audit?

Pursuant to paragraph 2.7 of the Procedure, an unscheduled inspection shall be conducted without prior notification to the subject if there is at least one of the following reasons:

- written notification to the state authorities and local self-government bodies on the signs of a subject's violation of the requirements of the legislation in the field of prevention and counteraction to the legalization (laundering) of proceeds from crime or terrorist financing;

- identification of the subject of legislation on the prevention and counteraction to the legalization (laundering) of the proceeds of crime or the financing of terrorism as a result of visa-free travel;

- on the initiative of SFMS in case of direct detection by him of the subject of violation by the subject of the legislation requirements in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, or financing of terrorism during its activity;

- identification of new documents (circumstances) that were not known and could not be known at the time of the scheduled inspection and which may influence the conclusions of the results of the planned inspection.

Please note that the re-examination of the issues that have been examined is carried out only by a court decision or by order of a criminal investigator (paragraph 2.8 of the Procedure).

It should be reminded that Law of Ukraine No. 361-IX “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction” was adopted on December 6, 2019. The document was published in the newspaper "Holos Ukrainy" on December 28, 2019.