ORDER OF ADMINISTRATION OF THE STATE BORDER SERVICE OF UKRAINE

of April 24, 2012 No. 277

About approval of Changes in the Instruction about payment procedure of cash cover by the serviceman of the State Border Service of Ukraine

According to the Law of Ukraine "About social and legal protection of the military personnel and members of their families", the Presidential decree of Ukraine of December 29, 2009 to No. 1115 "About Regulations on passing by citizens of Ukraine of military service in the State Border Service of Ukraine", resolutions of the Cabinet of Ministers of Ukraine of June 15, 1994 No. 414 "About types, the sizes and procedure for provision of compensation to citizens in connection with work which provides access to the state secret" of November 07, 2007 as No. 1294 "About ordering of structure and conditions of cash cover of the military personnel, faces of the private and the commanding structure and some other persons" and for the purpose of streamlining of payment of cash cover to separate categories of the military personnel of the State Border Service of Ukraine I ORDER:

1. Approve Changes in the Instruction about payment procedure of cash cover by the serviceman of the State Border Service of Ukraine approved by the order of Administration of the State Border Service of Ukraine of May 20, 2008 No. 425, registered in the Ministry of Justice of Ukraine on June 18, 2008 for No. 537/15228, which are applied.

2. To provide to finance and economics department of Administration of State frontier service together with legal support division of International legal department of Administration of State frontier service submission of this order on state registration in the Ministry of Justice of Ukraine.

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

 

Chairman of the State boundary services of Ukraine general of Ukraine

M. M. Litvin

IT IS APPROVED: Ministry of social politicians of Ukraine the First deputy minister V. I. Nadraga

Approved by the Order of Administration of the State Border Service of Ukraine of April 24, 2012 No. 277

Changes in the Instruction about payment procedure of cash cover by the serviceman of the State Border Service of Ukraine

1. Add the Section III with new Item 3.27 of such content:

"3.27. The allowance in connection with work which provides access to the state secret

3.27.1. The allowance in connection with work which provides access to the state secret (further - the allowance) is paid to the military personnel who holds positions in bodies of State frontier service and who under the terms of the professional activity constantly works with the data which are the state secret.

Military personnel who on the functional obligations is engaged in development, production, accounting, storage, use of documents, products and other material carriers of the state secret are considered such which constantly work with the data which are the state secret.

3.27.2. The allowance is paid to the military personnel to whom access to the state secret according to the approved nomenclature of positions of the military personnel of the State Border Service of Ukraine is provided.

3.27.3. The allowance is paid in the sizes established by Regulations on types, the sizes and procedure for provision of compensation to citizens in connection with work which provides access to the state secret, the approved resolution of the Cabinet of Ministers of Ukraine of June 15, 1994 No. 414, depending on degree of privacy of information.

This allowance is paid to the serviceman based on the order of the chief of body of State frontier service on provision of access to the state secret, specific classified information and its material carriers in which its size is specified.

3.27.4. Drafts of orders on provision of access to the state secret, the specific classified information and its material carriers prepare divisions of the mode and information security of bodies of State frontier service where the military personnel is on HR records.

The allowance is paid to chiefs of bodies and divisions of special purpose of State frontier service based on orders of chiefs of bodies of State frontier service of the highest level on provision of access to the state secret by it in the field of which concerns activities of body of State frontier service.

The allowance is paid to the military personnel of separate departments of internal security of the State Border Service of Ukraine based on orders of chiefs of bodies of State frontier service in which they are on financial provision, based on official reports of chiefs of these departments with the corresponding reasons and copies of their orders on access for the military personnel to the state secret.

In the order on provision of access to the state secret, specific classified information and its material carriers to the military personnel which in case of accomplishment of research and development works constantly work with data and carriers of the classified information the specific size of the allowance is determined taking into account importance of works, amount of the data which are the state secret, fixing of contractors to the respective sites of work.

3.27.5. The serviceman dismissed in connection with appointment to other position in the same body of State frontier service, payment of the allowance for position from which it is exempted is carried out about one day from which it started fulfillment of duties on new position. Due to the position assignment in other body of State frontier service the allowance on position from which it is exempted is paid till day of cancellation of access to the state secret inclusive, but not later than day of exception of lists of staff.

3.27.6. The allowance is paid to the military personnel from official pay rates on the main positions or it which are carried out temporarily.

3.27.7. The allowance is paid by bodies of State frontier service monthly, along with payment of cash cover for the duty station of the military personnel or bodies of State frontier service in which they are on financial provision.

3.27.8. Payment of the allowance remains in case of temporary disposal of the military personnel from body of State frontier service with preserving positions on the duty station in annual main and additional vacations with preserving cash cover, on treatment, training, training and in official journeys which are connected with execution of service duties on position, on condition of preserving at them access to the state secret.

Payment of the allowance remains also for stay of the military personnel at the disposal of the corresponding chiefs of bodies of State frontier service on condition of provision of access to this military personnel to the specific classified information and its material carriers according to the functional obligations determined for stay in the order by the official at which disposal they are.

3.27.9. Payment of the allowance to the military personnel in case of dismissal from military service stops from the date of exception of lists of staff of body of State frontier service.".

2. In the Section IV:

to state subitem 4.3.1 of Item 4.3 in such edition:

"4.3.1. - 12, the 14 and 15 Item 127 of the Regulations on passing by citizens of Ukraine of military service in the State Border Service of Ukraine approved by the Presidential decree of Ukraine of December 29, 2009 No. 1115, from the date of which comes behind day of release from posts (reducing established post) within two months cash cover which the serviceman received on the last position on the date of dismissal (reducing) is paid to the military personnel enlisted in the order of the corresponding chiefs of bodies of State frontier service according to subitems 1-3, 7, of 8, 10. Cash cover in this case is estimated, proceeding from official pay rate, salary on military rank, monthly additional types of cash cover (except remuneration for alert, sea cash cover and the allowance in connection with work which provides access to the state secret, in case of lack of access at the military personnel to the classified information and its material carriers).

Upon termination of two months of continuous stay of the military personnel on hand cash cover on the last main position which they held before transfer in the order is paid only according to the decision of the Chairman of the State Border Service of Ukraine.

Petitions for prolongation of payment due dates of cash cover move on subordination chiefs of bodies of State frontier service at whose disposal they are.";

state Item 4.5 in such edition:

"4.5. Payment of cash cover by the serviceman discharged of execution of service duties or discharged of positions, and also to those which are under arrest and in disciplinary parts

4.5.1. For the period during which they did not fulfill duty on positions, official pay rates, salaries on military ranks and length-of-service allowance are paid to the military personnel who according to the Disciplinary charter of the Armed Forces of Ukraine is discharged of execution of service duties from the elimination following later from execution of service duties of day.

In case of cancellation of orders on elimination of the military personnel from execution of service duties if by results of office investigation of the basis for adoption of such decision did not prove to be true, for the period, during which they did not fulfill duty on positions, monthly additional types of cash cover which they in connection with elimination did not receive from execution of service duties are paid.

4.5.2. Salaries on military ranks and length-of-service allowance for the period during which they did not occupy the post are paid to the military personnel discharged of positions according to the Code of criminal procedure of Ukraine from the discharge following later from positions of day.

In case of cancellation of resolutions on discharge from positions for the period during which they were not on positions as a result of discharge from them monthly additional types of cash cover which they did not receive, are not paid to the military personnel.

4.5.3. To the military personnel concerning whom the measure of restraint in the form of taking prisoner is taken payment of cash cover stops from the date of the actual taking prisoner.

If to the military personnel discharged of positions which held in custody other measure of restraint, than detention is chosen, from the date of arrival in body of State frontier service and about day of receipt of the copy of sentence by body of State frontier service about condemnation of the military personnel to imprisonment cash cover is paid according to the procedure, provided by subitem 4.5.2 of this Item.

4.5.4. In case of pronouncement of the verdict of not guilty of court, closing of criminal case (refusal in initiation of legal proceedings) in case of the absence of evidence of a crime, absence in act of actus reus or absence of proof of the participation accused of crime execution by the serviceman which were discharged of positions payment of official pay rates and monthly additional types of cash cover which they did not receive in connection with discharge from positions, from the date of, from which they started fulfillment of duties on position is resumed.

At the same time cash cover which was lost by the military personnel as a result of illegal actions is compensated by it according to the Law of Ukraine "About procedure for compensation of the damage caused to the citizen by illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court".

4.5.5. In case of removal of conviction by court about conditional condemnation by the serviceman which were discharged of positions, from the date of, from which they started fulfillment of duties on position, payment of official pay rates and monthly additional types of cash cover which they did not receive in connection with discharge from positions is resumed.

4.5.6. Salaries on military ranks are paid to the military personnel (except the military personnel of compulsory military service) condemned to arrest with serving sentence on guardroom during serving of arrest. Other types of cash cover are not paid for this period.";

to state subitem 4.7.4 of Item 4.7 in such edition:

"4.7.4. The female military personnel uses all privileges, stipulated by the legislation concerning social protection of women, maternity welfare and the childhood.

At the request of the pregnant woman of the female serviceman or that which has children aged up to fourteen years or the handicapped child including it which is on its care, or performs care of the sick family member according to the medical certificate, the chief of body of State frontier service shall establish it part-time or part-time working week.

Fulfillment of duties on position on the terms of incomplete working hours is established based on the official report of the female serviceman.

In case of need modification to duration of working hours of the female serviceman the decision on such changes is drawn up by the order. In the order of body of State frontier service for the female serviceman duration of working hours in hours per day without time management of lunch break is established. Also the beginning of working hours and its termination is specified.

Control for actually fulfilled working hours by voyennosluzhashchimzhenshchina is imposed on her immediate superior.";

add Item 4.7 with new subitems 4.7.5 - 4.7.8 such contents:

"4.7.5. For the period execution by the female serviceman of obligations on position on the terms of incomplete working hours cash cover on the regulations determined by the legislation in proportion to the fulfilled working hours is paid to it.

4.7.6. To the female military personnel upon termination of leave for child care before achievement of three-year age by it, and in exceptional cases if home care according to medical certificates is necessary for the child, - no more than before achievement of six-year age by the child, the help for improvement is provided only in case of disposal them in annual main leave.

Financial support for the solution of social questions is provided to the female military personnel in year in which they started fulfillment of duties on position upon termination of leave for child care before achievement of three-year age by it, and in exceptional cases if home care according to medical certificates is necessary for the child, - no more than before achievement of six-year age by the child.

4.7.7. The amount of the help for improvement and financial support for the solution of social questions to the female military personnel is determined according to subitem 3.6.3 of Item 3.6 and to subitem 3.7.4 of Item 3.7 of the Section ІІІ this Instruction.

4.7.8. Remuneration for duration of continuous military service to the female military personnel who fulfills duties on position on the terms of incomplete working hours is paid according to Item 3.25 of the Section ІІІ to this Instruction.";

subitems 4.10. 4.10.2 Items 4.10 to state 1, in such edition:

"4.10.1. The one-time benefit in the amount of 50 percent of monthly cash cover for each complete calendar year of service is paid to faces of officers, ordinary, sergeant and foreman structure which pass military service under the contract which leave from service for health reasons. In case of dismissal from military service on age, in connection with staff reduction or holding organizational actions, the termination of term of the contract, systematic failure to carry out of terms of the contract command the one-time benefit in the amount of 50 percent of monthly cash cover for each complete calendar year of service is paid in the presence of period of service of 10 years and more.

4.10.2. To faces of officers, ordinary, sergeant and foreman structure which pass military service under the contract which leave from service at own will owing to family circumstances or on other reasonable excuses determined by the List of family circumstances and other reasonable excuses which can be the basis for dismissal of the military personnel who serves under the contract on positions of ordinary, sergeant and foreman structure, of ensigns, warrant officers and officers from military service, the approved resolution of the Cabinet of Ministers of Ukraine of March 04, 1994 No. 150, and have period of service of 10 years and more, the one-time benefit in the amount of 25 percent of monthly cash cover for each complete calendar year of service is paid.";

the paragraph one of subitem 4.10.5 of Item 4.10 to state in such edition:

"4.10.5. The term of calendar service for determination of the size of one-time benefit is calculated according to Items 1 and 2 of the resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 No. 393 "About procedure for calculation of length of service, appointment and pension payment and benefit to faces of officers, to ensigns, warrant officers, the military personnel of extra urgent service and military service under the contract, faces of the commanding and ordinary structure of law-enforcement bodies and members of their families.".

 

 

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