ORDER OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF UKRAINE

of April 12, 2006 No. 337

About approval of the Procedure for registration of materials about administrative offenses on rail transport

According to the Code of Ukraine about administrative offenses, according to item 4 of the Regulations on the Ministry of Transport and Communications of Ukraine approved by the Presidential decree of Ukraine of 27.08.2004 of N 1009, for the purpose of respecting the rule of law when implementing production on cases on administrative offenses, increases in efficiency of right applicable activities of officials of rail transport I ORDER:

1. Approve the Procedure for registration of materials about administrative offenses on rail transport (further - the Procedure) which is applied.

2. Public administration of rail transport (Fedyushin Yu. M.):

2.1. Provide provision of this order on state registration in accordance with the established procedure in the Ministry of Justice of Ukraine.

2.2. Provide bringing this order to the interested companies, organizations and the organizations of rail transport.

3. To impose control of execution of this order on the deputy minister Shcherbina M. M.

Approved by the Order of the Ministry of Transport and Communications of Ukraine of April 12, 2006 No. 337

Procedure for registration of materials about administrative offenses on rail transport

1. General provisions

1.1. This Procedure is developed according to the Code of Ukraine about administrative offenses (further - КУоАП), the Law of Ukraine "About rail transport", the Charter of the railroads of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 06.04.98 of N 457, Regulations on the departmental militarized protection on rail transport, the approved resolution of the Cabinet of Ministers of Ukraine of 11.01.94 of N7.

1.2. The procedure determines rules of registration of materials about administrative offenses on rail transport public authorized bodies (officials) of rail transport and administrative prosecution of officials of the companies, organizations, the organizations irrespective of patterns of ownership and departmental accessory and citizens in case of making of the administrative offenses provided КУоАП.

1.3. According to Article 224 КУоАП concerning bodies (officials), representatives to consider cases on administrative offenses, imposing of administrative punishments for administrative offenses on rail transport is performed by bodies (officials) of rail transport within the powers conferred to them only during execution of them service duties. On behalf of bodies of rail transport to consider cases on administrative offenses and have the right to impose administrative punishments:

chiefs of stations and their deputies, chiefs of stations and their deputies, chiefs of locomotive (car) depots, chiefs of passenger trains (mechanics-foremen of passenger trains);

controllers-auditors of passenger trains, auditors-instructors of passenger trains, auditors on control of the income, roadmen, chiefs of distances of track, chiefs of distances of the alarm system and communication;

the head of department of the departmental militarized protection of Ukrzaliznytsi and his deputies, chiefs of services (groups) of the departmental militarized protection of the railroads and their deputies, chiefs of departments (sectors) of Management of the departmental militarized protection of Ukrzaliznytsi, chiefs of departments (sectors) of service (group) of the departmental militarized protection of the railroads and their deputies, chiefs of teams (fire trains) of the departmental militarized protection of the railroads and their deputies, the senior instructors and instructors of services (groups) of the departmental militarized protection of the railroads, chiefs of departments of teams (fire trains) of the departmental militarized protection of the railroads, chiefs of groups of the militarized protection of the railroads, seniors in the location of stations officials of the departmental militarized protection of the railroads.

1.4. Bodies of rail transport consider cases on the following administrative offenses: about abuse of regulations of use of means of this transport, rules concerning the protection of procedure and traffic safety, rules aimed at providing safety of loads on rail transport, fire safety regulations on rail transport (Articles 109, 110, Article part one 120, Article part one 133, Article part one 134, parts one and third Articles 135, Article 136 КУоАП).

For making of administrative offenses bodies (officials) of rail transport can apply such administrative punishments:

prevention;

penalty.

1.5. The size of penalty which is imposed by chiefs of passenger trains (mechanics-foremen of passenger trains), roadmen, chiefs of departments of teams (fire trains) of the departmental militarized protection of the railroads cannot exceed twenty tax-free minima of the income of citizens.

2. Registration of materials about administrative offense

2.1. About making of administrative offense on rail transport by officials draw up the protocol on the form of the established sample. (appendix 1).

2.2. Constitute the protocol on administrative violations of rules on protection of procedure and traffic safety on rail transport Article 109 КУоАП;

abuses of regulations of use of rail media - Article 110 КУоАП;

abuses of regulations of fire safety on rail transport - part one of Article 120 КУоАП;

abuses of regulations of transportation of dangerous substances or objects by hand luggage on rail transport - part one of Article 133 КУоАП;

to transportation of hand luggage over the established regulations and unpaid baggage - Article 134 КУоАП;

stowaway journey - Article 135 КУоАП;

the abuses of regulations aimed at providing safety of loads on rail transport - Article 136 КУоАП;

abuses of regulations of protection of power networks - Article 99 КУоАП;

violations by transport drivers of rules of journey of railway crossings - Article 123 КУоАП

officials of rail transport who according to КУоАП are granted the right to consider cases on administrative offenses and to impose administrative punishments have the right.

2.3. The protocol is not constituted in cases, stipulated in Article 258 КУоАП, in particular in case of making of the administrative offenses provided by part three of Article 109 КУоАП, Article 110 КУоАП (when imposing administrative punishment in the form of the prevention on site of making of offense), Articles 134, 135 КУоАП if person does not dispute the allowed violation and administrative punishment which is imposed on it. If the violator disputes collection which is imposed on it for making of offense, then according to Article 258 КУоАП the protocol on administrative offense is constituted.

Protocols are not constituted also in other cases when the penalty is imposed and collected according to the law, and the prevention is drawn up on site making of offense.

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