ORDER OF THE HEAD CONTROL AND AUDITING DEPARTMENT OF UKRAINE

of March 12, 2009 No. 52

About approval of the Procedure for registration by bodies of the public control and auditing service in Ukraine of materials about administrative offenses

According to the Code of Ukraine about administrative offenses and the Law of Ukraine "About the public control and auditing service in Ukraine" I ORDER:

1. Approve the Procedure for registration by bodies of the public control and auditing service in Ukraine of materials about administrative offenses it (is applied).

2. The order of GLAVKRU of 20.02.2002 N 54 "About approval of the Procedure for application of articles 164-12 and 164-14 of the Code of Ukraine about administrative offenses by bodies of the public control and auditing service in Ukraine", registered in the Ministry of Justice of Ukraine 06.03.2002 for N 227/6515, to declare invalid.

3. To department of legal work of GLAVKRU (Yaremchuk T. M.) provide submission of this order on state registration in the Ministry of Justice of Ukraine.

4. To management of administrative providing (Russov I. B.) after state registration to bring this order to permission of heads of structural divisions of GLAVKRU, control and auditing managements in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol.

5. This order becomes effective in 10 days from the date of its official publication.

6. I reserve control over the implementation of this order.

Approved by the Order of the Head control and auditing department of Ukraine of March 12, 2009, No. 52

Procedure for registration by bodies of the public control and auditing service in Ukraine of materials about administrative offenses

I. General provisions

This Procedure is developed according to the Code of Ukraine about administrative offenses (further - КУоАП), the Law of Ukraine "About the public control and auditing service in Ukraine" and other acts of the legislation for the purpose of determination of the procedure of creation by bodies of the public control auditing service (further - GKRS) protocols on administrative offenses under Articles 164-2, 164-12, 164-14 and 166-6 КУоАП, hearings of cases about administrative offenses by bodies of GKRS, record keeping on cases on administrative offenses, and also ensuring proper consideration of claims to resolutions on cases on administrative offenses.

II. Execution of protocols on administrative offenses

1. About making of the administrative offenses provided by Articles 164-2 (violation of the law on financial questions), 164-12 (violation of the budget legislation), 164-14 (violation of the law about implementation of purchase of goods, works and services for public funds) or 166-6 КУоАП (violation of procedure for accounts presentation and conducting financial accounting in case of liquidation of the legal entity), the authorized officer of body of GKRS constitutes the protocol on administrative offense (дальшепротокол) in the established form (appendix 1).

GKRS sent to body the resolution of the prosecutor on initiation of proceeedings on administrative offense and attached to it materials which confirm the fact of making of administrative offense, are considered in ten-day time after their receipt. By results of consideration of the specified prosecutor's materials by the official of body of GKRS the protocol on administrative offense within terms, stipulated in Article 38 КУоАП is constituted. In the absence of the bases for creation of the protocol the body of GKRS reports about it to relevant organ of prosecutor's office with statement of motives of adoption of such decision.

2. On behalf of bodies of GKRS protocols have the right to constitute the officials of GLAVKRU, control and auditing managements authorized on that (further - CREWE) in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, and also control and auditing divisions (departments, groups) in areas, the cities and areas in the cities, including interdistrict control and auditing departments (further - KRP).

3. In case of making of administrative offense by several persons the protocol is constituted concerning each of such persons. In case of making by one person of several administrative offenses protocols are constituted concerning each of committed offenses.

4. The protocol is constituted in duplicate which are signed by the official who constituted such protocol and person who is brought to the administrative responsibility. If person who is brought to the administrative responsibility refuses to sign the protocol, the corresponding record is entered in minutes.

5. One copy of the protocol remains in body of GKRS, the second on receipt is handed to person who is brought to the administrative responsibility.

6. In case of creation of the protocol its rights, stipulated in Article 268 КУоАП and article 63 of the Constitution of Ukraine are explained to person who is brought to the administrative responsibility about what the mark in the protocol becomes.

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