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ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of December 19, 2023 No. 1054

About introduction of amendments to the order of the Ministry of Internal Affairs of Ukraine of July 27, 2016 No. 725

According to the paragraph to third Item 2 of the resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 No. 731 "About approval of the Regulations on state registration of regulatory legal acts of the ministries and other executive bodies", for the purpose of reduction of the regulatory legal act in compliance with requirements of the Code of Ukraine about administrative offenses and the Code of civil protection of Ukraine I ORDER:

1. In preamble of the order of the Ministry of Internal Affairs of Ukraine of July 27, 2016 No. 725 "About approval of the Instruction for registration by officials of GSChS of materials about administrative offenses", the word registered in the Ministry of Justice of Ukraine on August 22, 2016 at No. 1162/29292, and figure "to Item 34 parts two of Article 17" shall be replaced with words also in figures "to Item 11 parts one of Article 17".

2. Approve Changes in the Instruction for registration by officials of GSChS of materials about administrative offenses approved by the order of the Ministry of Internal Affairs of Ukraine of July 27, 2016 No. 725, of Ukraine registered in the Ministry of Justice on August 22, 2016 at No. 1162/29292, which are applied.

3. To management of interaction with Public service of Ukraine on emergency situations of the Ministry of Internal Affairs of Ukraine (Koreva Yu.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

4. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Internal Affairs of Ukraine of December 19, 2023 No. 1054

Changes in the Instruction for registration by officials of GSChS of materials about administrative offenses

1. In the first offer of paragraph one of item 4 of the Section II after words" (in case of its detection)" to add with words "(surname, own name, middle name (in the presence), birth date, nationality, the address of the declared/registered residence (stay), phone number, place of employment (studies), position, series (in the presence) and document number, proving the identity, registration number of accounting card of the taxpayer (further - RNOKPP) or series (in the presence) and passport number for physical persons which because of the religious beliefs refuse acceptance of RNOKPP according to the law)".

2. In the Section III:

Paragraph two of Item 11 to state 1) in the following edition:

"In the Section of "the data on person" concerning which case is considered its surname, own name, middle name (in the presence), date, year and the birthplace, RNOKPP or series (in the presence) and passport number for physical persons which because of the religious beliefs refuse acceptance of RNOKPP according to the law, the address of the declared/registered residence (stay), the name and the location of organization, organization, company or subject of managing as whom works or where studies are entered";

2) in Item 15 of the word "transfers of materials for consideration of public organization or to labor collective," to exclude;

3) in the second offer of the paragraph of third Item 16 of the word and figures "one of the decisions determined by Articles 21, 22 КУпАП" can be also specified it is specified shall be replaced with words also in figures "the decision determined by Article 22 КУпАП".

3. In the Section VI:

1) in Item 6:

paragraph one after the word and figures" (10)" to add appendix with words and figures "and the accounting card of administrative offense (appendix 11) is filled in";

after paragraph one to add with the paragraph the second the following content:

"Information from the accounting card of administrative offense within 5 working days is entered by the official who on the functional obligations provides clerical work on cases on administrative offenses, in information system of accounting of administrative offenses in the field of fire and technogenic safety".

With respect thereto to consider paragraph two the paragraph third;

2) to add the Section with new Item of the following content:

"8. Officials who on the functional obligations provide clerical work on cases on administrative offenses monthly (but no later than the fifth day of the next month) control collection of receipts in the relevant budgets, collect information on opening of the enforcement proceedings accepted by courts and the administrative commissions of relevant decisions".

4. State the Section VII in the following edition:

"VII. Control of condition of observance of requirements КУпАП in case of application of corrective actions for administrative offenses

1. According to part four of Article 7 КУпАП observance of requirements of the law in case of application of corrective actions for administrative offenses is provided with systematic control of the supreme bodies and officials.

2. Observance of requirements of the legislation in case of application of corrective actions for administrative offenses is provided with systematic control (but at least once a year) to GSChS concerning its territorial authorities.

3. Control of observance of requirements of the legislation in case of application of corrective actions for administrative offenses in territorial authorities of GSChS is exercised quarterly by their direct heads or their deputies.

4. Direct supervision behind observance of requirements of the legislation in case of application of corrective actions for administrative offenses in subordinate divisions of territorial authorities of GSChS is exercised constantly (but at least once a month) by heads of the relevant divisions.

By results of control the head of the relevant division puts certifying text "is checked" also the personal signature on the title page of case on administrative offenses".

5. In appendices to this instruction:

Appendices 1, of 3, 4 to be reworded as follows 1) which is applied;

To add 2) with the new enclosed appendix

Head of department of interaction with Public service of Ukraine on emergency situations of the Ministry of Internal Affairs of Ukraine Yu. Koreva

Appendix 1

to the Instruction for registration by officials of GSChS of materials about administrative offenses (Item 1 of the Section II)

Protocol on administrative offense

See Appendix 1 (17Kb In original language)

Appendix 3

to the Instruction for registration by officials of GSChS of materials about administrative offenses (Item 9 of the Section III)

Resolution on imposing of administrative punishment

See Appendix 3 (17Kb In original language)

Appendix 4

to the Instruction for registration by officials of GSChS of materials about administrative offenses (Item 15 of the Section III)

Resolution on solution of the case on administrative offense

See Appendix 4 (16Kb In original language)

Appendix 11

to the Instruction for registration by officials of GSChS of materials about administrative offenses (Item 6 of the Section VI)

Accounting card of administrative offense

See Appendix 11 (34Kb In original language)

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