LAW OF UKRAINE

of October 16, 2012 No. 5459-VI

About modification of some legal acts of Ukraine concerning activities of the Ministry of Internal Affairs of Ukraine, the Ministry of emergency situations of Ukraine, the Ministry of Regional Development, Construction and Housing of Ukraine, other central executive bodies which activities go and coordinated through the corresponding ministers

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

In paragraph one of part two of Article 140 of the word "The state automobile inspection" shall be replaced with words 1) "The Ministry of Internal Affairs of Ukraine";

Shall be replaced with words 2) in the name and paragraph one of Article 188-8 of the word of "bodies of the state fire supervision" "the central executive body realizing state policy concerning supervision and control of compliance with law about fire and technogenic safety";

"Specially authorized central executive body to which competence the question of protection of the population and the territories from emergency situations of technogenic and natural nature is carried" shall be replaced with words 3) in the name and paragraph one of part one of Article 188-16 of the word "the central executive body realizing state policy concerning civil protection, supervision and control of condition of protection of the territories against emergency situations of natural and technogenic nature";

Shall be replaced with words 4) in the name and paragraph one of Article 188-28 of the word of "The state automobile inspection of the Ministry of Internal Affairs of Ukraine" "the relevant divisions of the Ministry of Internal Affairs of Ukraine ensuring traffic safety";

Shall be replaced with words 5) in the name and the text of Article 188-42 of the word of "The state architectural and construction inspection of Ukraine or its territorial authorities" "the central executive body realizing state policy concerning the state architectural construction supervision";

And figures "Article part one 203, Articles 204206-1" to replace 6) in Article 221 of the word with the word and figures "Articles 204-1, 206-1";

7) in Article 222:

in part one of the word "for abuse of regulations of passport system" and word and figure "Article 44 part one", "173", "Article 197-201" to exclude;

in part two:

in paragraph one of Item 1 of the word and figures "Article 44 part one" and "197-201" to exclude, and words and figures "Articles 137, of 161, Articles 164-4, 173, Article 203" to replace with the word and figures "Articles 137, of 161, 164-4";

in Items 2 and 3 of the word "State Traffic Inspectorates of the Ministry of Internal Affairs of Ukraine" shall be replaced with words "the relevant divisions of the Ministry of Internal Affairs of Ukraine ensuring traffic safety";

8) to add with Article 222-2 of the following content:

"Article 222-2. The central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons

The central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, considers cases on the administrative offenses connected with violation of the law about the passport of the citizen of Ukraine, the passport of the citizen of Ukraine for trip abroad, the legislation on stay in Ukraine of foreigners and stateless persons, on transit through the territory of Ukraine, and also questions concerning registration of the residence (Article 197-201, Article part one 203, Articles 204, 205, 206).

On behalf of the central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons to consider cases on administrative offenses and have the right to impose administrative punishments the head, deputy managers of the central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, other representatives by the head officials of this body";

9) in Article 223:

in the name and part one of the word "bodies of the state fire supervision" in all cases shall be replaced with words "the central executive body realizing state policy concerning supervision and control of compliance with law about fire and technogenic safety" in the corresponding case;

in part one the word is "considered" to replace with the word "considers";

in part two:

word in paragraph one of "bodies of the state fire supervision" shall be replaced with words "the central executive body realizing state policy concerning supervision and control of compliance with law about fire and technogenic safety";

in Item 1 of the word "chief state fire supervision inspectors central and territorial authorities of the state fire supervision and their deputies" shall be replaced with words "The chief state supervision inspector of Ukraine in the field of fire and technogenic safety and his deputies, the chief state supervision inspectors in the field of fire and technogenic safety in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol and their deputies";

in Item 1-1 of the word "the chief state inspectors on fire supervision" shall be replaced with words "the chief state inspectors of Ukraine on supervision in the field of fire and technogenic safety";

in Item 2 of the word "chief state inspectors on fire supervision of local authorities of the state fire supervision, state fire supervision inspectors central and territorial authorities of the state fire supervision" shall be replaced with words "the chief state supervision inspectors in the field of fire and technogenic safety in areas, areas in the cities, the cities of regional, republican (Autonomous Republic of Crimea) value";

in Item 3 of the word "state fire supervision inspectors" shall be replaced with words "the state supervision inspectors in the field of fire and technogenic safety in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, areas, areas, in the cities, the cities of regional, republican (Autonomous Republic of Crimea) value";

10) in Article 231:

to add part one after words of "legal requirements" with words of "officials";

in word part two of "specially authorized central executive body on supervision of labor protection" shall be replaced with words "the central executive body realizing state policy in the field of labor protection";

11) in Article 244-6:

state the name in such edition:

"Article 244-6. The central executive body realizing state policy concerning the state arkhitekturnostroitelny control";

in part one of the word "The State Architectural and Construction Inspectorate of Ukraine and Its Territorial Authorities (Further — Inspections of the State Architectural Construction Supervision) Consider" shall be replaced with words "The central executive body realizing state policy concerning the state architectural construction supervision considers", and words of "inspections of the state architectural construction supervision" - words of "the central executive body realizing state policy concerning the state arkhitekturnostroitelny control";

the second to state part in such edition:

"On behalf of the central executive body realizing state policy concerning the state arkhitekturnostroitelny control to consider cases on administrative offenses and have the right to impose administrative punishments the head, deputy managers of the central executive body realizing state policy concerning the state architectural construction supervision and other representatives by the head officials of this body";

12) in Article 255:

in Item of 1 part one:

in the paragraph the second words and figures "Article part one 203, Articles 204, 205206-1" to replace with the word and figures of "Article 204-1, 206-1";

the paragraph "bodies of the state fire supervision (164, of 183)" to state Articles in such edition:

"state supervision bodies in the field of fire and technogenic safety (Article 164, 183, 188-16)";

in the paragraph "bodies of the State Border Service of Ukraine (parts two, the fourth and fifth Articles 85, 92, 185-10, 191, Article part one 203, of Article 204-206-1)" words and figures "Article part one 203, Articles" to exclude Articles;

the paragraph "The state inspection of civil protection and technogenic safety (Article 188-16)" to exclude;

in Item 14 parts two the word and figures "Article 89" shall be replaced with words also in figures "Articles 89, 197-201, part one of Article 203, of Article 204, of 205, 206";

Part the second Article 262 to add 13) with Item 7 of the following content:

"7) the officials authorized on that by the central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons - in case of violation of the law about stay in Ukraine of foreigners and persons without citizenship and transit through the territory of Ukraine";

14) speak rapidly first and third articles 264 after words of "bodies of the border service" to add with words "the central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons";

Parts one and the second Article 265-2 and part one of Article 265-3 of the word of "The state automobile inspection" shall be replaced with words 15) in part one of Article 265-1, "the relevant division of the Ministry of Internal Affairs of Ukraine ensuring traffic safety";

Shall be replaced with words 16) in part two of Article 321 of the word "in the State automobile inspection" "in the relevant division of the Ministry of Internal Affairs of Ukraine ensuring traffic safety";

17) in the text of the Code of the word "bodies of specially authorized central executive body for supervision of labor protection" and "specially authorized central executive body on supervision of labor protection" in all cases shall be replaced with words "the central executive body realizing state policy in the field of labor protection" in the corresponding case.

2. In part one of article 183-5 of the Code of administrative legal proceedings of Ukraine (446) words of "law-enforcement bodies" shall be replaced with words sheets of the Verkhovna Rada of Ukraine, 2005 No. No. 35-37, of the Art. "the central executive body realizing state policy in the field of migration", and the word of "internal affairs, body of protection of frontier or the Security Service of Ukraine", to exclude.

3. In the Law of Ukraine "About militia" (Sheets of the Supreme Council of USSR, 1991 No. 4, Art. 20 with subsequent changes):

The paragraph of the eighth Article 2 to state 1) in such edition:

"accomplishment of administrative punishments";

"Movements and other public associations having political goal" to exclude 2) in part three of Article 3 of the word, and shall be replaced with words words of "any political, public associations" "political parties and other associations of citizens";

And "public associations" to replace 3) in the name and part one of Article 6 of the word of "public associations" respectively with words of "public organizations" and "public organizations";

4) in Article 7:

in part two of the word "with the permission of the Cabinet of Ministers of Ukraine" to exclude;

the fourth and eighth - the twelfth to state parts in such edition:

"The general structure and number of the Ministry of Internal Affairs of Ukraine is approved by the Verkhovna Rada of Ukraine. The structure of militia is approved by the Minister of Internal Affairs of Ukraine";

"In the Autonomous Republic of Crimea, areas, the cities, areas, on transport militia chiefs of head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport, chiefs district, district in the cities, city, linear managements (departments) of head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol direct respectively.

The chief of Head department of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea is appointed to position by the Minister of Internal Affairs of Ukraine in coordination with the Supreme Council of the Autonomous Republic of Crimea and the Chairman of the board of ministers of the Autonomous Republic of Crimea, and exempted from dolzhnostiministry internal affairs of Ukraine in coordination with the Supreme Council of the Autonomous Republic of Crimea.

Deputy chief of Head department of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, chiefs of district, city managements (departments) of internal affairs of Head department of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea are appointed to position and dismissed by the Minister of Internal Affairs of Ukraine in coordination with the Chairman of the Supreme Council of the Autonomous Republic of Crimea and the Chairman of the board of ministers of the Autonomous Republic of Crimea.

Chiefs of head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine, in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport, their deputies are appointed to position and dismissed by the Minister of Internal Affairs of Ukraine without approval of local government bodies, local executive bodies and their officials.

Chiefs district, district in the cities, city, linear managements (departments) of head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport are appointed to position and dismissed by the Minister of Internal Affairs of Ukraine without approval of local government bodies, local executive bodies and their officials";

after part twelve to add with new part of the following content:

"Deputy chiefs district, district in the cities, city, linear managements (departments) of head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport are appointed to position and dismissed by chiefs of the relevant head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on transport".

With respect thereto the thirteenth to consider part part fourteen;

in part fourteen of the word "The Deputy Minister of Internal Affairs of Ukraine — the Chief of Head Department of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, Chiefs of Head Departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in Areas, the Cities, and Chiefs of Their City and District Departments (Managements)" shall be replaced with words "Chiefs of head departments, Regional Offices of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, chiefs of district and city managements (departments)";

5) in Article 10 part one:

state Item 5 in such edition:

"5) to reveal and stop administrative offenses, to perform production on cases on administrative offenses which consideration by the law is assigned to law-enforcement bodies";

add with Item 5-1 of the following content:

"5-1) to make decisions on imposing of administrative punishments and to provide their accomplishment in the cases provided by the law";

state Items 9 and 11 in such edition:

"9) to search for persons in cases, stipulated by the legislation and international treaties of Ukraine";

"11) to carry out in stipulated by the legislation cases and within the competence resolutions of the prosecutor, the investigator, court (judge), body of inquiry";

exclude Item 14;

state Items 18 and 20 in such edition:

"18) to protect on contractual bases property and physical persons";

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