ORDER OF THE CENTRAL MANAGEMENT OF THE SECURITY SERVICE OF UKRAINE

of April 22, 2013 No. 163

About approval of Changes in the Instruction about the organization of accomplishment of the Regulations on passing of military service by the military personnel of the Security Service of Ukraine

According to article 10 of the Law of Ukraine "About the Security Service of Ukraine", article 10-1 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families", article 22 of the Law of Ukraine "About the principles of the prevention and anti-corruption", the Presidential decree of Ukraine of January 16, 2013 "About modification of the Regulations on passing of military service by the military personnel of the Security Service of Ukraine", for the purpose of reduction of departmental normative legal acts in compliance with changes which took place in the current legislation, and further enhancement of work concerning the organization of accomplishment of the Regulations on passing of military service by the military personnel of the Security Service of Ukraine approved by the Presidential decree of Ukraine of December 27, 2007 No. 1262 (with changes), I ORDER to No. 21:

1. Approve Changes in the Instruction about the organization of accomplishment of the Regulations on passing of military service by the military personnel of the Security Service of Ukraine approved by the order of the Security Service of Ukraine of October 14, 2008 No. 772, registered in the Ministry of Justice of Ukraine on December 31, 2008 for No. 1323/16014 (with changes) which are applied.

2. To provide to management of work with staff this order on state registration to the Ministry of Justice of Ukraine.

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

Approved by the Order of the Central management of the Security Service of Ukraine of April 22, 2013 No. 163

Changes in the Instruction about the organization of accomplishment of the Regulations on passing of military service by the military personnel of the Security Service of Ukraine

1. In the Section I:

1.1. In Item 1.3:

in the paragraph the second to exclude the word "colonel";

"to add the paragraph of the sixth with the offer of such content: "If by results of office investigation by the authorized officer within its competence the decision on lowering in military rank, deprivation of military rank or recovery in military rank is made, preparation of the corresponding representations is not performed.".

1.2. In the paragraph the second Item 1.4:

figures and the words "November 1" and "November 20" to replace with figures and the words "October 10" and "November 1" respectively;

add with the offer of such content: "The direction of the serviceman on medical examination in institution of health care of the Security Service of Ukraine for determination of degree of suitability to military service according to the corresponding column according to the Regulations on medical examination in the Security Service of Ukraine approved by the order of the Central management of the Security Service of Ukraine of October 26, 2012 No. 482/DSK, registered in the Ministry of Justice of Ukraine on November 16, 2012 for No. 1932/22244 shall precede initiation of the petition.".

2. Add the Section II with new Item 2.7 of such content:

"2.7. The conclusion of the contract with the serviceman of the Security Service of Ukraine who reached age limit of stay on military service (the paragraph of the sixth of Item 14 of the Provision) is performed from calculation that the last day of its military service will be day of achievement by it of age limit of stay in inventory depending on the military rank which is available for it.".

3. The fourth Item 3.1 of the Section III to exclude the paragraph.

4. In the Section IV:

4.1. In Item 4.3:

in the paragraph the second of "the main department (service) and independent department as a part of bodies, divisions, institutions, organizations of the Security Service of Ukraine" to replace words with the word of "department";

add Item with new paragraphs of such content:

"When moving the military personnel on service (taking into account Provision Item 45) the condition of their health is considered.

In case of appointment of the military personnel to executive positions from the head of department equated to such position above the condition of their health is determined by results of medical examination.".

4.2. State Item 4.5 in such edition:

"4.5. In case of need urgent substitution of vacant positions (the paragraph the tenth Item 43 of the Provision and positions for leaves of the military personnel in connection with pregnancy and childbirth or for child care these positions can be replaced also with civilians (on the terms of the line employment contract) with observance of requirements of Item 4.2 of this Section.

The position which is not completed, and also position which was held by the serviceman discharged from military service, but not excluded from lists of staff is considered vacant.".

4.3. Add Item 4.7 with the new paragraph of such content:

"The military personnel who in time, free from fulfillment of duties of military service, has intention to be engaged in teaching, scientific and creative activities, medical practice, instructor and judicial practice on sport inform on it chiefs of relevant organs, divisions, institutions, organizations by representation according to the procedure of subordination of the corresponding official reports with further (within two working days from the date of emergence of the corresponding legal relationship) informing on the beginning of implementation of the specified activities or practice.".

4.4. In Item 4.10:

4.4.1. Third to add the paragraph with the new offer of such content: "The specified events are not held in case of acceptance by the official determined in Item 67 of the Provision, the decision on satisfaction of the petition (the submitted official report) of the serviceman which is enlisted in the order, about dismissal from military service in the Security Service of Ukraine in connection with staff reduction or holding organizational actions.".

4.4.2. As the second offer of the paragraph of the fourth of figure "4.13" and the word "management of bodies, divisions, institutions, organizations conclusion about it which is constituted by division of staffing affirms and" to replace respectively with figures "4.14" and the words "in bodies, divisions, institutions, organizations it is constituted (concerning those which are at the disposal of the Chairman of the Security Service of Ukraine, Management of work with staff) and affirms their heads (concerning those which are at the disposal of the Chairman of the Security Service of Ukraine,-the Chairman of the Security Service of Ukraine) conclusion which".

4.5. In Item 4.11:

in the first offer of the word "inquiry is not conducted, the pretrial investigation or criminal case is not considered by court" shall be replaced with words "criminal proceedings are not performed";

in the second offer of the word "or their refusal of appointment to positions, passing of military service on which does not need available the admission to the state secret," to exclude.

4.6. In Item 4.14 of the word "the serviceman in specified" shall be replaced with words "the serviceman on treatment in specified".

4.7. In paragraph one of Item 4.17 of the word and figures "according to Provision Item 45" to exclude.

5. Be reworded as follows the Section VI: "VI. Leaves

6.1. Provision by the serviceman of the Security Service of Ukraine of leaves is performed according to the Section VI of the Provision and the current legislation of Ukraine based on the official reports submitted them in accordance with the established procedure approved with direct (direct) chiefs.

Annual main leaves by the serviceman are submitted within the terms determined in graphics of annual main leaves of the military personnel the next year (further - the leave schedule) with observance of requirements concerning ensuring reliable functioning of body, division, institution, organization of the Security Service of Ukraine, maintenance of mobilization readiness and calculation of monthly stay in leave no more than 30 percent of his military personnel. In the highest military educational institutions monthly regulations of provision by the serviceman of permanent structure of the next leaves are determined by heads of educational institutions.

Leave schedules are constituted till December 1 in structural divisions (from the independent sector above) bodies, divisions, institutions, organizations of the Security Service of Ukraine and affirm:

The chairman of the Security Service of Ukraine - for vice-chairmen of the Security Service of Ukraine, chiefs of bodies, divisions, institutions, organizations, the military personnel who are directly subordinated to him;

chiefs of bodies, divisions, institutions, organizations - for subordinate staff.

In case of creation of leave schedules are considered regularity of use of leaves within calendar year, wish of the military personnel and emergence at them of the right to annual main leave of bigger duration, and also possible provision of other additional annual leaves (social, creative, in connection with training).

Leave schedules appear to staff within 15 days of day of their approval. Acquaintance of the military personnel who at the time of approval of the leave schedule is on treatment in business trip or leave, with the specified schedule is performed after their arrival in body, division, institution, organization.

6.2. Annual main leave shall be used within calendar year. In particular cases with the permission of the chief determined by paragraphs the fourth, fifth Item 6.1 of this Section, annual main leave for last year (or its unused part) it is provided in the first quarter next year if earlier he was not presented.

Annual main leave upon the demand of the serviceman is transferred in case: violations by the chief of body, division, institution, organization of term of the message on leave provision time; untimely payment of cash cover during annual main leave.

Annual main leave is also postponed to other period by the chief of body, division, institution, organization in case:

diseases of the serviceman prior to leave (based on the reference of institution of health care);

acquisitions of right to maternity leave (based on medical conclusion);

execution by the serviceman of the state or public duties if according to the legislation he is subject to release for this time from the main work with preserving cash cover;

coincidence of annual main leave to leave in connection with training in higher educational institutions, educational institutions of post-qualifying education and postgraduate study without lead over service or with leave for treatment in connection with disease.

6.3. To the military personnel who got sick during annual main leave or annual additional vacation the specified leave is prolonged after recovery on the number of unused days of this leave. They report about it the official report to the chief determined by paragraphs the fourth, fifth Item 6.1 of this Section after the end of leave. The disability leaf is applied to the official report.

The military personnel of the Security Service of Ukraine carried to 1 or 2 categories of the citizens injured with the Chernobyl catastrophic crash is granted additional vacation lasting 14 workers (16 calendar) days a year.

6.4. About provision by the serviceman of annual main and additional vacations by chiefs which are determined by paragraphs the fourth, fifth Item 6.1 of this Section orders on staff are issued.

6.5. Constant control behind provision of annual main leaves by the serviceman according to the approved schedules is imposed on: the chiefs determined by paragraphs the fourth, fifth Item 6.1 of this Section; immediate superiors of the military personnel; relevant divisions of staffing.

6.6. In case of separation at the request of the serviceman of annual main leave into two parts (the Provision Item 55 paragraph two), its main part can be provided as the first, and after use of other part of such leave.

Annual leaves are granted to the military personnel who is at the disposal of the corresponding chiefs out of the schedule based on the official reports submitted them according to the decision of their chiefs.

6.7. The military personnel based on the resolution of the military-medical commission on need of provision of leave by it for treatment in connection with disease or about release from execution of service duties the order on staff is granted leave for treatment in connection with disease.

Duration of such leave is determined taking into account nature of disease. General time of continuous stay of the serviceman on treatment and on leave for treatment in connection with disease shall not exceed 4 month in a row (except cases when the legislation provides longer terms of stay on treatment).

After the end of the specified time of continuous stay on treatment and on leave for treatment in connection with disease (over 4 months) the serviceman is subject to survey by the military-medical commission for the solution of question of its suitability to military service.

6.8. The response of the military personnel from annual main leave (Provision Item 57) is performed by orders of the Chairman of the Security Service of Ukraine or his deputies.

In case of response of the serviceman from annual main leave in the order the basis for response, date of response, duration of unused part of leave in calendar days, and also in case of information availability - data on the venue is specified to the military personnel of leave on the date of response.

6.9. The exception of lists of staff of the Security Service of Ukraine in connection with transfer to the reserve or in resignation of the military personnel to whom annual main leave is granted in case of dismissal is performed after the end of annual main leave taking into account time necessary for delivery of position. Time for delivery of position is determined by the chief of body, division, institution, organization and shall not exceed 20 calendar days.

6.10. To the military personnel who leaves from military service as a result of office discrepancy; in connection with conviction of court which took legal effect which imposes custodial sanction, restrictions of freedom, deprivation of military rank or deprivation of the right to hold certain positions; in connection with the introduction in legal force of the judgment concerning accountability for administrative corruption offense; in connection with deprivation of military rank in disciplinary procedure; in connection with systematic failure to carry out by the serviceman of terms of the contract, unused leave with further dismissal is not granted, and the monetary compensation for unused days of annual leave at the rate of 1/12 parts of duration of leave for each complete month of service in year of dismissal is paid.

6.11. Leave for child care to achievement of three-year age by it is granted to the female military personnel at will completely or parts, as well as to the male military personnel in the same procedure.

At the same time for provision by it the serviceman needs to grant leaves for child care before achievement of three-year age the document from place of employment of the wife (husband) with confirmation of the fact of her (his) appearance at work from such leave together with the certificate of the termination of payment of the help with child care (with indication of date) issued by social security authority of the population at the place of residence.

The serviceman who is on vacation for child care before achievement of three-year age by it (with payment of the help with the national social insurance) or on leave for child care without preserving cash and material security duration determined in medical conclusion, but no more than before achievement of six-year age by it, has the right to start execution of service duties before the end of such leave. From such leave the serviceman shall report about early entry into service beforehand to the direct chief the official report according to the procedure of subordination.

6.12. The serviceman who is on family leave and on other reasonable excuses can start execution of service duties ahead of schedule. He reports about it to the direct chief the official report according to the procedure of subordination. About the serviceman's exit from such leave the order on staff is issued.".

6. In the Section VII:

6.1. In Item 7.2:

the paragraph two after the word "goes" to add with words and figures "taking into account requirements of part three of article 50 of the Law of Ukraine "About employment of the population";

add with the new paragraph of such content:

"In cases when dismissal of the serviceman from military service in connection with staff reduction or holding organizational actions is performed based on the official report submitted to them, the actions provided by paragraph one of this Item are not held.".

6.2. In Item 7.4:

in paragraph one of the word, letter and figures "subitems of "a"-"d", "з" Item 62 of the Provision and subitems of "a"-"d" of Item 63" shall be replaced with words, letters and figures "subitems" and "" д", "з"," ї" Item 62 of the Provision and subitems of "a"-"d", "and" Item 63";

the fifth to add the paragraph with the words "or at the request of the Chairman of the Security Service of Ukraine the head of department of work with staff";

after the paragraph of the fifth to add with the new paragraph the sixth such content:

"with the military personnel who is at the disposal of the corresponding chiefs, - the chief at whose disposal they are, or according to its order to one of his deputies, and with the military personnel who is at the disposal of the Chairman of the Security Service of Ukraine, - the Chairman of the Security Service of Ukraine or according to its order to one of his deputies or the head of department of work with staff.".

With respect thereto the sixth or thirteenth to consider paragraphs respectively paragraphs the seventh or fourteenth.

6.3. In paragraph one of Item 7.5 of the word, letter and figures "subitems of "e"-"zh" of Item 62 of the Provision and subitems of "e"-"zh" of Item 63" shall be replaced with words, letters and figures "subitems of "e"-"zh", "and"," і" Item 62 of the Provision and subitems of "e"-"z" of Item 63".

6.4. Add Item 7.6 with the new paragraph of such content:

"Representation to dismissal of the serviceman from military service according to the subitem" і" Item 62 of the Provision and to the subitem "z" of Item 63 of the Provision and its exception of lists of staff are performed within three working days from the date of receipt of the copy of the judgment by the Security Service of Ukraine which took legal effect, according to which the serviceman is made responsible for administrative corruption offense.".

6.5. To exclude paragraph two of Item 7.7.

6.6. The fifth Item 7.9 to add the paragraph with the offer of such content: "The military personnel who is represented to dismissal according to the subitem" і" Item 62 of the Provision or to the subitem "z" of Item 63 of the Provision also do not go for medical examination.".

6.7. Add with new Item 7.11 of such content:

"7.11. The basis for dismissal of the serviceman from military service according to the subitem" ї" Item 62 of the Provision or to the subitem "i" of Item 63 Provisions are information (the relevant division of staffing - based on materials of the personal record of the serviceman or the official report provided to the military personnel) about stay of such serviceman in direct subordination to close person and absence in system of the Security Service of Ukraine of the corresponding vacant positions or refusal of the serviceman of appointment to the available vacant positions.

Search and matching of the corresponding vacant positions in system of the Security Service of Ukraine will be organized through Management of work with staff taking into account professional training, experience and the area of work, results of the previous activities of the serviceman.".

With respect thereto to consider Items 7.11-7.16 respectively Items 7.12-7.17.

7. To add Item 8.4 of the Section VIII with the new paragraph of such content:

"The sent military personnel who reached age limit of stay on military service and concerning which the decision on leaving on military service over age limit is not made respond from relevant organ, organization or the organization and are subject to dismissal in accordance with the established procedure. The specified bodies, organizations or the organizations are reported about such decision.".

8. Exclude appendix 2.

With respect thereto to consider appendices 3-13 respectively appendices 2-12. In the text of this Instruction of the reference to appendices 3-13 to replace with references respectively with appendices 2-12.

9. In appendices 1-5 of the word "regular category" shall be replaced with words "military rank and official pay rate on position".

10. Be reworded as follows appendix 2 which is applied.

11. In appendix 5:

11.1. Lines: "Length of service on" ___ "___________ 20 ___ years:

calendar ________________, in preferential calculation ____________,

training in HIGHER EDUCATION INSTITUTION __________________, general ______________________,

working life ______________, general working life ______________"

replace in the lines: "Length of service on" ___ "___________ 20 ___ years:

calendar _______________ (including training in HIGHER EDUCATION INSTITUTION ______),

in preferential calculation ______________, general ____________________,

working life ______________, general working life _____________".

11.2. In the paragraph the second reverse side of the first leaf of the word, letter and figure "subitems "g", "d", "e"," є", "and" Provision Item 62, subitems "a", "g", "d", "e"," є", Item 63" shall be replaced with words, letters and figures "subitems of "g"-"zh", "and" -" ї" Provision Item 62, subitems "a", "g"-"i" of Item 63".

Appendix 2

to the Instruction about the organization of accomplishment Regulations on passing of military service by the military personnel of the Security Service of Ukraine

Representation to assignment of the next military rank

__________________________________________________________________
     (воинское звание, фамилия, имя, отчество, личный номер,
__________________________________________________________________
     занимаемая должность и с какого времени, воинское звание
__________________________________________________________________
                 и должностной оклад по должности)
 Подается к присвоению очередного воинского звания _______________
__________________________________________________________________
                 (наименование воинского звания)
__________________________________________________________________
__________________________________________________________________
 Дата рождения: __________________________________________________
 Воинское звание присвоено _______________________________________
                                   (когда, каким приказом)
 Образование: а) гражданское _____________________________________
              б) военное (специальное) ___________________________
 Военная служба: _________________________________________________
__________________________________________________________________
 Вывод по последней аттестации за 20__ год: ______________________
__________________________________________________________________
__________________________________________________________________
                    ОСНОВАНИЯ К ПРЕДСТАВЛЕНИЮ
                                                  Обратная сторона
 Начальник _______________________________________________________
               (должность, воинское звание, подпись, фамилия)
 "___" __________ 20__ года
                    ВЫВОДЫ ПРЯМЫХ НАЧАЛЬНИКОВ
__________________________________________________________________
          (должность, воинское звание, подпись, фамилия)
 "___" __________ 20__ года
__________________________________________________________________
          (должность, воинское звание, подпись, фамилия)
 "___" __________ 20__ года
                     РЕШЕНИЕ ПО ПРЕДСТАВЛЕНИЮ
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

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