LAW OF UKRAINE

of October 16, 2012 No. 5462-VI

About modification of some legal acts of Ukraine concerning activities of the Ministry of Agricultural Policy and Food of Ukraine, the Ministry of social policy 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 Labor code of Ukraine (The sheet of the Supreme Council of USSR, 1971, appendix to No. 50, the Art. 375):

"Local authorities of the state executive authority" shall be replaced with words 1) in part one of Article 15 of the word "local executive bodies";

"The Ministry of Labour and Social Policy of Ukraine" and "The Ministry of Labour of Ukraine" shall be replaced with words 2) in Article 24-1 and part three of Article 135-2 of the word "the central executive body providing forming of state policy in spheres of employment relationships, social protection of the population";

41, in paragraph eight of part one of Article 43-1 and Item 3 parts one of Article 232 of the word of "the public kontrolnorevizionny service and state control bodies behind the prices" shall be replaced with words 3) in Item of 1 part one of Article "the central executive bodies realizing state policy in spheres of the state financial control and control of the prices";

In paragraph eight of part one of Article 43-1 and Item 3 parts one of Article 232 of the word "bodies of local and regional self-government" shall be replaced with words 4) "local government bodies";

5) in Article part three 52, to Article 68, of Article part two 196, the name and paragraph one of Article 263 of the word "Council of People's Deputies" in all cases and numbers to replace with the word "council" in the corresponding case and number;

6) in Article part six 153, parts two and third Article 155, to Article 156 and part four of Article 157 of the word "state supervision body behind labor protection" in all cases and numbers shall be replaced with words "the central executive body realizing state policy in the field of labor protection" in the corresponding case;

And third Article 157 of the word "state supervision bodies behind labor protection" shall be replaced with words 7) in parts two "the central executive body providing forming of state policy in the field of labor protection";

8) in part two of Article 167 of the word "bodies of sanitary inspection" shall be replaced with words "the central executive body realizing state policy in the field of sanitary and epidemic wellbeing of the population";

169, parts three of Article 174 and part three of Article 190 of the word "The Ministry of Health of Ukraine in coordination with the State committee of Ukraine on supervision of labor protection" shall be replaced with words 9) in Article part two "the central executive body providing forming of state policy in the field of health care in coordination with the central executive body providing forming of state policy in the field of labor protection";

10) in part one of Article 259 of the word "the bodies and inspectorates which are specially authorized on that" shall be replaced with words "authorized bodies";

Article 260 to state 11) in such edition:

"Article 260. State supervision of labor protection

The state supervision of observance of legal and other regulations about labor protection is performed:

the central executive body realizing state policy in the field of labor protection;

the central executive body realizing state policy in the field of nuclear and radiation safety;

the central executive body realizing state policy in the field of implementation of the state supervision (control) in the field of fire safety;

the central executive body realizing state policy in the field of implementation of the state supervision (control) in the field of technogenic safety;

the central executive body realizing state policy in the field of sanitary and epidemic wellbeing of the population".

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

And "these bodies" to replace 1) in the name and paragraph one of Article 188-6 of the word of "bodies of specially authorized body of the executive authority for the state supervision of compliance with law about work" respectively with words "the central executive body realizing state policy concerning supervision and control of compliance with law about work", "this body";

Shall be replaced with words 2) in the name and paragraph one of Article 188-26 of the word of "officials of bodies of Public service on quarantine of plants of Ukraine" "The main thing of the state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors, the state phytosanitary inspectors";

3) in the name and paragraph one of Article 188-27 of the word of "officials of body of technical supervision of the Ministry of agrarian policy of Ukraine" shall be replaced with words "inspectors of agricultural industry";

4) in Article 230-1:

in the name and paragraph one of part two of the word "bodies of specially authorized body of the executive authority for the state supervision of compliance with law about work" in all cases shall be replaced with words "the central executive body realizing state policy concerning supervision and control of compliance with law about work" in the corresponding case;

in part one of the word "Bodies of Specially Authorized Body of the Executive Authority for the State Supervision of Compliance with Law about Work Consider" shall be replaced with words "The central executive body, realizing state policy concerning supervision and control of compliance with law about work, considers";

paragraphs two and third to state to part two in such edition:

"The officials authorized by the head of the central executive body realizing state policy concerning supervision and control of compliance with law about work - penalty to eighty free minima of the income of citizens.

The head of the central executive body realizing state policy concerning supervision and control of compliance with law about work, his deputies and officials authorized by it - penalty to hundred free minima of the income of citizens";

Article 238 to state 5) in such edition:

"Article 238. The central executive body realizing state policy in the field of veterinary medicine, veterinary militia

The central executive body realizing state policy in the field of veterinary medicine, the Ministry of Internal Affairs of Ukraine consider cases on the administrative offenses connected with abuses of regulations concerning quarantine of animal and other veterinarnosanitarny requirements (Article 107).

On behalf of the central executive body realizing state policy in the field of veterinary medicine, the Ministries of Internal Affairs of Ukraine consider cases on administrative offenses and impose administrative punishments:

The chief state inspector of veterinary medicine of Ukraine and his deputies, the chief state inspector of veterinary militia of the Ministry of Internal Affairs of Ukraine - penalty on citizens to ten free minima of the income of citizens, on officials - to twenty free minima of the income of citizens;

the chief state inspectors of veterinary medicine of the Autonomous Republic of Crimea, areas, cities of Kiev and Sevastopol, on frontier and transport and their deputies, the state inspectors of veterinary medicine of the central executive body realizing state policy in the field of veterinary medicine, inspectors of veterinary militia of the Ministry of Internal Affairs of Ukraine, the chief state inspectors of veterinary militia of the Autonomous Republic of Crimea, areas, cities of Kiev and Sevastopol - penalty on citizens to nine free minima of the income of citizens, on officials - to nineteen free minima of the income of citizens;

the chief state inspectors of veterinary medicine of the cities, areas, and their deputies, the state inspectors of veterinary medicine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, on frontier and transport, the state inspectors of veterinary medicine on frontier and transport, the state inspectors of veterinary militia of the Autonomous Republic of Crimea, areas, cities of Kiev and Sevastopol - penalty on citizens to eight free minima of the income of citizens, on officials - to eighteen free minima of the income of citizens;

the state inspectors of veterinary medicine of the cities, areas, areas in the cities, managers of laboratories of veterinary and sanitary examination in the markets, inspectors of veterinary militia of the cities and районовштраф on citizens to seven free minima of the income of citizens, on officials - to seventeen free minima of the income of citizens.

The penalty can be levied by the state inspectors of veterinary medicine of the cities, areas, areas in the cities managing laboratories of veterinary and sanitary examination in the markets, inspectors of veterinary militia of the cities and areas on site from citizens in the amount of three free minima of the income of citizens, from officials - in the amount of nine free minima of the income of citizens";

Article 238-1 to exclude 6);

Article 238-2 to state 7) in such edition:

"Article 238-2. The central executive body realizing state policy in the field of quarantine of plants

The central executive body realizing state policy in the field of quarantine of plants considers cases on the administrative offenses connected with violation of requirements concerning accomplishment of phytosanitary actions (Article 105), import to Ukraine, export from Ukraine, en route through its territory, export from quarantine zones or import of subjects to regulation in them which did not undergo phytosanitary control (Article 106), failure to carry out of legal requirements of officials of the central executive body realizing state policy in the field of quarantine of plants (Article 188-26).

On behalf of the body specified in this Article to consider cases on administrative offenses and have the right to impose administrative punishments:

1) the Chief state phytosanitary inspector of Ukraine - penalty on citizens to ten free minima of the income of citizens and on officials - to eighteen free minima of the income of citizens;

2) the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, the city of Kiev, areas, their deputies - penalty on citizens to ten free minima of the income of citizens and on officials - to fifteen free minima of the income of citizens;

3) the state phytosanitary inspectors - penalty on citizens to four free minima of the income of citizens and on officials - to fourteen free minima of the income of citizens";

To exclude Article 238-3;

9) in Article 238-4:

in the name and part one of the word "Specially Authorized Bodies of the Executive Authority in the field of Protection of Plants" shall be replaced with words "The central executive body realizing state policy in the field of protection of plants";

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

in part two:

word in paragraph one "the bodies specified in this Article" shall be replaced with words "the central executive body realizing state policy in the field of protection of plants";

in Item 1 of the word "Chief State Inspector of Protection of Plants of Ukraine and His Deputies" shall be replaced with words "The chief state phytosanitary inspector of Ukraine";

in Item 2 of the word "chief state inspectors of protection of plants of the Autonomous Republic of Crimea, areas and their deputies" shall be replaced with words "the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, their deputies";

in Item 3 of the word "chief state inspectors of protection of plants of areas" shall be replaced with words "the state phytosanitary inspectors";

10) in part two of Article 240 of the word "the head of specially authorized body of the executive authority in the field of fishery and its deputies, chiefs of basin protection departments, to reconstruction of fish resources and regulation of fishery, and their deputies, chiefs of departments of fish conservation of the specified basin managements, chiefs of the state inspections of fish conservation, the chief state inspectors and the state inspectors of fish conservation" shall be replaced with words "The chief state inspector of fish conservation of Ukraine, the chief state inspectors of fish conservation in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, the leading state inspectors of fish conservation, the chief state inspectors of fish conservation";

Articles 241 and 242 to state 11) in such edition:

"Article 241. The central executive body realizing state policy in the field of forestry

The central executive body realizing state policy in the field of forestry considers cases on the administrative offenses provided by Articles 49, 63-70, 73, of 75, of 77, 188-5 these Codes.

On behalf of the central executive body realizing state policy in the field of forestry to consider cases on administrative offenses and have the right to impose administrative punishments the head of the central executive body realizing state policy in the field of forestry, his deputies, the chief forest wardens, the senior engineers and engineers, commanders of avialinks, the senior pilots observers and pilots observers of bases of aviation forest conservation, forest wardens, assistants to forest wardens, masters of the wood.

Article 242. The central executive body realizing state policy in the field of hunting economy

The central executive body realizing state policy in the field of hunting economy considers cases on the administrative offenses connected with abuse of regulations of maintaining hunting economy and hunting, stipulated in Article 50, Article part one 85, articles 91-2 and 188-5 of this Code.

On behalf of the central executive body realizing state policy in the field of hunting economy to consider cases on administrative offenses and have the right to impose administrative punishments the officials authorized by the central executive body realizing state policy in the field of hunting economy, heads, the deputy manager concerning hunting economy, the chief forest wardens, the chief game managers, the state district game managers, heads, the chief forest wardens, forest wardens, the chief game managers, game managers of state forestries, other state forestry and landscape companies, and also state lesookhotnichy and state hunting farms.

Heads, the deputy manager concerning hunting economy, the penalty to seven free minima of the income of citizens for the offenses provided by part one of article 85 of this Code can be levied by the chief forest wardens, the chief game managers, the state district game managers, heads, the chief forest wardens, forest wardens, the chief game managers, game managers of state forestries, other state forestry and landscape companies, and also state lesookhotnichy and state hunting farms on site";

Article 244 to state 12) in such edition:

"Article 244. The central executive body realizing state policy in the field of supervision (control) in agro-industrial complex

The central executive body realizing state policy in the field of supervision (control) in agro-industrial complex considers cases on the administrative offenses connected with violation of the law in the field of use and protection of lands and procedure and conditions of conducting seed farming and rassadnichestvo, rules of technical operation of self-propelled farm vehicles and safety regulations during their operation (Articles 52-53-4, 54-56, 104-1, 108 and 188-5).

On behalf of the specified body to consider cases on administrative offenses and have the right to impose administrative punishments:

1) the Chief state inspector of agricultural industry of Ukraine - penalty on citizens to eighty free minima of the income of citizens and on officials - to hundred free minima of the income of citizens;

2) the chief state inspectors of agricultural industry in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, areas, their deputies - penalty on citizens to thirty free minima of the income of citizens and on officials - to fifty free minima of the income of citizens;

3) the chief state inspectors of agricultural industry, the state inspectors of agricultural industry - penalty on citizens to ten free minima of the income of citizens and on officials - to twenty free minima of the income of citizens";

13) in Article 255 part one:

in Item 1:

the paragraph "state bodies of veterinary medicine, divisions of veterinary militia on holding quarantine veterinary actions of the Ministry of Internal Affairs of Ukraine (Article 42-1-42-3, 188-22)" to state in such edition:

"the central executive body realizing state policy in the field of veterinary medicine, authorized divisions of veterinary militia (Article 42-1-42-3, 107, 188-22)";

in the paragraph "bodies of specially authorized central executive body in the field of work and social policy (41, of Article 41-1-41-3, 188-1)" words "of bodies of specially authorized central executive body in the field of work and social policy" shall be replaced with words Article part one "the central executive body realizing state policy in the field of supervision and control of compliance with law about work";

the paragraph "bodies of hunting economy (and the fifth articles 85, of article 85-1, 88-1, 90)" to state parts two in such edition:

"the central executive body realizing state policy in the field of forestry (part two and the fifth Articles 85, Article 85-1, 88-1, 90)";

the paragraph "the bodies exercising the state control in the field of breeding case in livestock production (Article 107-1)" to state in such edition:

"the central executive body realizing state policy in the field of the state supervision (control) of breeding case in livestock production (Article 107-1)";

the paragraph "body of technical supervision of the Ministry of agrarian policy of Ukraine (Article 188-27)" to state in such edition:

"the central executive body realizing state policy in the field of supervision (control) in agro-industrial complex (Article 188-27)";

state Item 12 in such edition:

"12) state inspectors of agricultural industry (Article 51-2)";

in part two:

state Items 7-1 and 17 in such edition:

"7-1) public inspector of agricultural industry (Article 52-53-1, 53-3, 53-4)";

"17) state inspectors of agricultural industry (Article 104-1)";

14) in Article 319:

in part two of the word "bodies of hunting economy" shall be replaced with words "workers, representatives, to exercise control in the field of hunting economy and hunting";

in word part three "specially authorized central executive body in the field of forestry" shall be replaced with words "the central executive body providing forming of state policy in the field of forestry".

3. In the Maritime Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1995 No. 47-52, of the Art. 349):

Part third of Article 3 to state 1) in such edition:

"Service regulations of fishing boats affirm the central executive body providing forming of state policy in the field of safety of navigation of vessels of the fleet of fishery";

Part the second Article 10 to state 2) in such edition:

"State supervision of safety of navigation of the fleet of fishery, state control of functioning of monitoring system of fishing boats and its components, namely: remote control of fishing boats, preparation and certification of their crew, technical supervision and supervision of observance of requirements of international treaties of Ukraine of rather technical condition of courts of fish industry exercises the central executive body realizing state policy in the field of safety of navigation of vessels of the fleet of fishery";

"Regional authorities and self-government" shall be replaced with words 3) in part one of Article 12 of the word "the relevant local public administrations and local councils";

To exclude 4) in part two of Article 21 of the word "and the central executive body in the field of communication";

5) in part two of Article 28 of the word "the established collection, procedure for collection and which size are established by the central executive body in the field of transport in coordination with the central executive body concerning economic policy" shall be replaced with words "collection, procedure for collection and which size are established by the central executive body providing forming of state policy in the field of transport in coordination with the central executive body providing forming of state policy of economic development";

In paragraph one of Article 34 of the word "the central executive body in the field of transport (the central executive body in the field of fishery)" shall be replaced with words 6) "the central executive body realizing state policy in the field of transport (the central executive body realizing state policy in the field of safety of navigation of vessels of the fleet of fishery)";

7) in Article 35:

in word part two "the central executive body in the field of fishery" shall be replaced with words "the central executive body providing forming of state policy in the field of safety of navigation of vessels of the fleet of fishery";

in word part three "the central executive body in the field of health care" shall be replaced with words "the central executive body providing forming of state policy in the field of health care";

To state the text of Article 37 in such edition:

"The fishing boat which is subject to supervision of classification society except the documents specified in article 35 of this Code shall have the international certificate about safety of the fishing boat";

" (The central executive body in the field of fishery)" shall be replaced with words 9) in Article 50 of the word "(the central executive body providing forming of state policy in the field of safety of navigation of vessels of the fleet of fishery)";

The text of Article 52 to state 10) in such edition:

"Persons recognized suitable for this purpose for health reasons are allowed to work on the vessel. The conclusion about suitability of person for work on the vessel is for health reasons provided by institution of the central executive body providing forming of state policy in the field of health care according to the rules established by this body";

54, paragraph one of part one of Article 57 and part one of Article 67 of the word "the central executive body in the field of fishery" shall be replaced with words 11) in Article part two "the central executive body providing forming of state policy in the field of safety of navigation of vessels of the fleet of fishery";

The word "civil" to replace 12) in Article 70 part two with the word of "civil";

In paragraph four of part one of Article 80 of the word of "territorial authorities of the central executive body in the field of protection of the surrounding environment" shall be replaced with words 13) "the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment";

14) in Article 86:

state part one in such edition:

"The state supervision of navigation in port is exercised by the captain sea trade (sea fish) port which is subordinated to the central executive body realizing state policy in the field of transport (the central executive body realizing state policy in the field of safety of navigation of vessels of the fleet of fishery). The captain sea trade (sea fish) port acts according to Regulations on the captain sea trade (sea fish) port which affirms the central executive body providing forming of state policy in the field of transport (the central executive body providing forming of state policy in the field of safety of navigation of vessels of the fleet of fishery)";

the second - the fourth to exclude parts;

"The central executive body in the field of transport" shall be replaced with words 15) in Article 87 of the word "the central executive body realizing state policy in the field of transport";

"The central executive body in the field of transport" shall be replaced with words 16) in Article 89 of the word "the central executive body realizing state policy in the field of transport";

The text of Article 90 to state 17) in such edition:

"Each vessel before exit in the sea is subject to control for the purpose of verification of ship's papers, establishment of compliance to ship's papers of the main characteristics of the vessel, and also check of fulfillment of requirements concerning completion of ship crew.

In case of lack of ship's papers or availability of good causes to consider that the vessel does not meet safety requirements of navigation, person authorized by the central executive body realizing state policy in the field of transport (the central executive body realizing state policy in the field of safety of navigation of vessels of the fleet of fishery) can perform its inspection.

For the purpose of the check and remedial action interfering issue of permission to vessel exit from port by person authorized by the central executive body realizing state policy in the field of transport (the central executive body realizing state policy in the field of safety of navigation of vessels of the fleet of fishery) control inspection of the vessel can be performed.

Rules of control of courts for the purpose of safety of navigation are established by the central executive body providing forming of state policy in the field of transport in coordination with the central executive body providing forming of state policy in the field of safety of navigation of vessels of the fleet of fishery";

18) in Article 91:

in the word part two Item "g" of "the central executive body in the field of protection of the surrounding environment" shall be replaced with words "the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment";

in part three of the word "according to the conclusion of Inspection of the state port supervision" to exclude, and after words "elimination revealed" to add with the words "by results of control";

Shall be replaced with words 19) in part one of Article 94 of the word "and departments" "and the central executive bodies";

The word "state" to exclude 20) in Article 117 part one;

Part the second Article 123 to state 21) in such edition:

"The port shall report about it in the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment";

To replace 22) in the text of the Code of the word "the central executive body in the field of transport", "the central executive body concerning economic policy", "the central executive body in the field of fishery" in all cases respectively with the words "the central executive body providing forming of state policy in the field of transport", "the central executive body providing forming of state policy of economic development", "the central executive body realizing state policy in the field of safety of navigation of vessels of the fleet of fishery" in the corresponding case.

4. In the Land code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002 No. 3-4, of the Art. 27):

Article 14 to state 1) in such edition:

"Article 14. Powers of the central executive body providing forming of state policy in the field of protection of the surrounding environment in the field of land relations

Treats powers of the central executive body providing forming of state policy in the field of protection of the surrounding environment in the field of land relations:

a) participation in development of nation-wide and regional programs of use and protection of lands;

b) participation in forming of state policy in the field of protection and rational use of lands;

c) organization of monitoring of lands;

d) the solution of other questions in the field of land relations according to the law";

To add 2) with Articles 14-1 and 14-2 of the following content:

"Article 14-1. Powers of the central executive body realizing state policy in the field of protection of the surrounding environment in the field of land relations

Treats powers of the central executive body realizing state policy in the field of protection of the surrounding environment in the field of land relations:

a) participation in implementation of nation-wide and regional programs of use and protection of lands;

b) participation in project development of regulatory legal acts in the field of protection of lands and reconstruction of fertility of soils;

c) implementation of the state environmental assessment of land use;

d) introduction of offers concerning forming of state policy in the field of protection and rational use of lands;

ґ) implementation of international cooperation concerning protection of lands;

e) the solution of other questions in the field of land relations according to the law.

Article 14-2. Powers of the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources in the field of land relations

Implementation of the state control of observance by executive bodies and local government bodies, the companies, organizations, the organizations of all patterns of ownership, citizens of Ukraine, foreigners and stateless persons, and also foreign legal entities of requirements of the legislation on use and protection of lands relatively belongs to competence of the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources in the field of land relations:

conservations of the degraded and unproductive lands;

preserving wetlands;

accomplishment of ecological requirements by provision in property and use, including in lease, the parcels of land;

implementation of actions for prevention of pollution of lands chemical and radioactive materials, waste, sewage;

observance of the mode of use of lands of natural and reserved and other nature protection appointment;

observance of ecological standard rates concerning use and protection of lands;

establishments and uses of the water protection zones and coastal protective strips, and also observance of the mode of use of their territories;

the solution of other questions determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine";

Article 15 to state 3) in such edition:

"Article 15. Powers of the central executive body providing forming of state policy in the field of land relations

Treat powers of the central executive body providing forming of state policy in the field of land relations:

a) implementation of normative legal support in the field of land relations;

b) ensuring holding land reform;

c) development and ensuring implementation of nation-wide, regional programs of use and protection of lands;

d) ensuring implementation of land management, monitoring of lands and state control of use and protection of lands;

ґ) ensuring conducting state examination of programs and projects concerning land management, maintaining and administration of the State land cadastre, protection of lands, reforming of land relations, and also feasibility statements on such programs and projects;

e) development of the economic mechanism of regulation of land relations;

e) participation in development of actions for market development of lands;

є) international cooperation in the field of land relations;

g) the solution of other questions determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine";

To add 4) with Articles 15-1 and 15-2 of the following content:

"Article 15-1. Powers of the central executive body realizing state policy in the field of land relations

Treats powers of the central executive body realizing state policy in the field of land relations:

a) introduction in accordance with the established procedure offers concerning the order lands of the state-owned and utility property, establishment of borders of area, the area, the city, the area in the city, the village and the settlement, regulation of land relations;

b) participation in development and accomplishment of the state, industry, regional and local programs concerning regulation of land relations, rational use of lands, their reconstruction and protection, establishment of borders of area, the area, the city, the area in the city, the village and the settlement in carrying out monitoring of lands, territorial planning;

c) the organization of work, connected with realization of land reform;

d) carrying out according to the legislation of monitoring of lands and protection of lands;

ґ) maintaining and administration of the State land cadastre;

e) participation in state regulation of planning of the territories and differentiation of lands of the state-owned and utility property;

e) conducting state examination of land management documentation;

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