RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 14, 2015 No. 301

About modification and recognition voided some resolutions of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About prevention of corruption"

List of amending documents

Due to the adoption of law of Ukraine "About prevention of corruption" the Cabinet of Ministers of Ukraine decides:

1. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective from the date of publication, except:

Item 3, the paragraph of the fourth subitem 1 and paragraph two of the subitem 2 Items 4, the subitem 2 Items 8, the subitem 2 Items 9, the subitem of 1 Item 10, Item 13, paragraph two of the subitem of 1 Item 14, subitems 7 and 8 of Item of 15 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by this resolution, and Items 6, 7, 9 and 10 (regarding recognition voided Item of 8 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, No. approved by the resolution of the Cabinet of Ministers of Ukraine of September 4, 2013 706) of the list of resolutions of the Cabinet of Ministers of Ukraine, invalid approved by this resolution which become effective from the beginning of system operation of giving and promulgation of declarations of persons authorized on accomplishment of functions of the state or local self-government according to the Law of Ukraine "About prevention of corruption";

Item 5 and the subitem 3 Items of 18 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by this resolution which become effective since January 1, 2016.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 14, 2015 No. 301

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. In Regulations on service by the ordinary and commanding structure of law-enforcement bodies, No. approved by the resolution of the Cabinet of Ministers of the Ukrainian SSR of July 29, 1991 114, - with the changes made by resolutions of the Cabinet of Ministers of Ukraine of June 8, 2005 No. 428 (The Official Bulletin Ukraine, 2005, No. 23, the Art. 1283), of July 9, 2008 No. 624 (The Official Bulletin of Ukraine, 2008, No. 51, the Art. 1699), of November 2, 2011 No. 1126 (The Official Bulletin of Ukraine, 2011, No. 85, the Art. 3113), of May 23, 2012 No. 412 (The Official Bulletin of Ukraine, 2012, No. 39, the Art. 1471), of December 5, 2012 No. 1137 (The Official Bulletin of Ukraine, 2012, No. 93, the Art. 3784), of September 4, 2013 No. 706 (The Official Bulletin of Ukraine, 2013, No. 76, the Art. 2826), of June 18, 2014 No. 186 (The Official Bulletin of Ukraine, 2014, No. 51, the Art. 1334), of July 23, 2014 No. 285 (The Official Bulletin of Ukraine, 2014, No. 61, the Art. 1682) and of March 25, 2015 No. 171 (The Official Bulletin of Ukraine, 2015, No. 28, the Art. 812):

The paragraph the fourteenth Item 8 to state 1) in the following edition:

"In connection with the introduction in legal force of the judgment on accountability for making of the administrative offense connected with corruption which imposes penalty in the form of deprivation of the right to hold positions or to be engaged in the activities connected with accomplishment of functions of the state or local self-government or criminal offense;";

"Second" and "the Law of Ukraine "On the principles of prevention and anti-corruption" shall be replaced with words 2) in the subitem "z" of Item 40 of the word "fourth" and "the Law of Ukraine "On prevention of corruption";

The subitem "y" of Items 63 and 64 to state 3) in the following edition:

"й) in case of the introduction in legal force of the judgment about accountability for making of the administrative offense connected with corruption which imposes penalty in the form of deprivation of the right to hold positions or to be engaged in activities, the states connected with accomplishment of functions or local self-government, or criminal offense.";

Item 67 to state 4) in the following edition:

"67. Face of the private or the commanding structure, made responsible for making of the administrative offense connected with corruption for which penalty in the form of deprivation of the right to hold positions is imposed or to be engaged in activities, the states connected with accomplishment of functions or local self-government, or criminal offense are subject to release from service in law-enforcement bodies in three-day time from the date of receipt in law-enforcement body of the copy of the corresponding judgment which took legal effect.";

5) in the text of the Provision of the word "direct subordination" in all cases shall be replaced with words "direct subordination" in the corresponding case.

2. The paragraph the fourth the subitem "b" of Item 13 of the Regulations on state registration of regulatory legal acts of the ministries and other executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 No. 731 (ZP of Ukraine, 1993, No. 1-2 of Art. 28; 1994, No. 10, Art. 250; Official Bulletin of Ukraine, 1998, No. 42, Art. 1551; 2002, No. 20, Art. 986; 2004, No. 15, Art. 1048, No. 27, Art. 1774, No. 43, Art. 2840; 2005, No. 42, Art. 2657; 2006, No. 22, Art. 1655, No. 50, Art. 3313; 2007, No. 28, Art. 1107; 2008, No. 25, Art. 770, No. 28, Art. 896, No. 95, Art. 3136; 2009, No. 40, Art. 1355; 2011, No. 84, Art. 3078; 2012, No. 37, Art. 1381, No. 92, Art. 3730; 2013, No. 9, to the Art. 343, No. 41, the Art. of 1470, №84, of the Art. 3115) to state in the following edition:

"Contains regulations which bring or can lead to making of the corruption or connected with corruption offenses;".

3. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 22.07.2016 No. 465

4. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 22.07.2016 No. 465

5. According to the procedure of forming of the state order on preparation and advanced training of employees of public authorities, local government bodies and bodies of military management of Armed Forces, No. 1262 approved by the resolution of the Cabinet of Ministers of Ukraine of July 14, 1999 "About financial provision of preparation and advanced training of employees of public authorities, local government bodies and bodies of military management of Armed Forces" (The Official Bulletin of Ukraine, 1999, No. 29, Art. 1475; 2002, No. 47, Art. 2137; 2003, No. 23, Art. 1056; 2004, No. 0, Art. 3283; 2007, No. 37, Art. 1465; 2008, No. 41, Art. 1356, No. 100, Art. 3336; 2012, No. 28, Art. 1047):

1) in Item 2:

word in paragraph three "prevention and anti-corruption and" to exclude;

add Item after the paragraph of third with the new paragraph of the following content:

"The state customer on advanced training of employees of public authorities and local government bodies on the questions connected with prevention of corruption is the National agency concerning prevention of corruption.".

With respect thereto the fourth and fifth to consider paragraphs respectively paragraphs the fifth and sixth;

2) in Item 12:

word in paragraph three "prevention and anti-corruption and" to exclude;

add Item after the paragraph of third with the new paragraph of the following content:

"Offers on advanced training of employees of public authorities and local government bodies which positions concern to the first - the seventh category of positions of government employees and officials of local government bodies on the questions connected with prevention of corruption are introduced by public authorities and local government bodies annually till April 15 to the National agency concerning prevention of corruption for their generalization, forming of the request for inclusion in the draft of the state order on advanced training of the specified employee category next year and its representation till July 15 in accordance with the established procedure by the Ministry of Economic Development.".

With respect thereto the fourth and fifth to consider paragraphs respectively paragraphs the fifth and sixth;

The paragraph third Item 15 to state 3) in the following edition:

"The national agency according to the prevention of corruption after approval of the Ministry of Economic Development places and in accordance with the established procedure provides accomplishment of the state order on advanced training of employees of public authorities and local government bodies which positions concern to the first - the seventh category of positions of government employees and officials of local government bodies, on the questions connected with prevention of corruption in National academy of public administration in case of the President of Ukraine, the centers of retraining and advanced training of employees of public authorities, local government bodies, the state companies, organizations and the organizations, and also other higher educational institutions and institutions of post-qualifying education in case of receipt of license for activities by them on provision of educational services.".

6. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 22.07.2016 No. 465

7. According to the procedure of conducting office investigation concerning persons authorized on accomplishment of functions of the state or local self-government, No. 950 approved by the resolution of the Cabinet of Ministers of Ukraine of June 13, 2000 (The Official Bulletin of Ukraine, 2000, No. 24, Art. 1004; 2007, No. 53, Art. 2168; 2009, No. 47, Art. 1575; 2010, No. 1, Art. 14; 2011, No. 79, Art. 2912; 2012, No. 71, Art. 2870; 2014, No. 62, Art. 1711):

1) in Item 1:

word in paragraph three"," to exclude violation of ethics of behavior;

to state paragraphs of the fifth and sixth in the following edition:

"For the purpose of identification of the reasons and conditions which led to making of the corruption or connected with corruption offense or failure to meet requirements of the Law of Ukraine "About prevention of corruption" in a different way, on representation of specially authorized subject in the field of anti-corruption or to the instruction of the National agency according to the prevention of corruption according to the decision of the head of body in which person who made it offense works.

According to anonymous messages, statements and claims office investigation is not made, except as specified, when the anonymous message concerns case of violation of requirements of the Law of Ukraine "About prevention of corruption" and information provided in it concerns the particular person, contains actual data which can be checked.";

Paragraph two of Item 2 to exclude 2);

Item 3 after paragraph one to add 3) with the new paragraph of the following content:

"If the decision on conducting office investigation is made by the head of body in pursuance of the instruction of the National agency concerning prevention of corruption, office investigation is made within ten working days from the date of receipt of such instruction.";

With respect thereto paragraphs two - to consider the fifth respectively paragraphs third - the sixth;

4) in item 4:

in paragraph three of the word "corruption offense" shall be replaced with words "the offense connected with corruption";

in paragraph four of the word "corruption offense" shall be replaced with words "the offense connected with corruption";

The paragraph of the eighth of Item 8 after the word "corruption" to add 5) with the words "or connected with corruption".

8. According to the procedure of carrying out tender on substitution of vacant positions of government employees, No. 169 approved by the resolution of the Cabinet of Ministers of Ukraine of February 15, 2002 (The Official Bulletin of Ukraine, 2002, No. 8, Art. 351; 2004, No. 46, Art. 3044; 2005, No. 20, Art. 1080; 2009, No. 39, Art. 1318; 2010, No. 11, Art. 522; 2011, No. 85, Art. 3113; 2012, No. 39, Art. 1471, No. 65, Art. 2670; 2015, No. 28, Art. 812):

Item 7 in paragraph five the word "directly" to replace 1) with the word "directly";

2) in Item 13:

to exclude the paragraph of the sixth;

add Item with the paragraph of the following content:

"Persons wishing to take part in tender submit the declaration of person authorized on accomplishment of functions of the state or local self-government according to the procedure, determined by the Law of Ukraine "About prevention of corruption".";

Shall be replaced with words 3) in Item 21 of the word "About the Principles of Prevention and Anti-corruption" "About prevention of corruption".

9. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 04.07.2017 No. 457.

10. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 27.07.2016 No. 477

11. The subitem 4 of item 4 of the Standard regulations on public council under the ministry, other central executive body, Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city, district, district in Kiev and Sevastopol of public administration, the Cabinet of Ministers of Ukraine approved by the resolution of November 3, 2010 No. 996 "About ensuring participation of the public in forming and realization of state policy" (The Official Bulletin of Ukraine, 2010, No. 84, the Art. 2945), after words "anti-corruption examination" to add with words "regulatory legal acts and".

12. In the resolution of the Cabinet of Ministers of Ukraine of November 16, 2011 No. 1195 "About approval of the Procedure for transfer of the gifts received as gifts to the state, the Autonomous Republic of Crimea, territorial community, the public or utility institutions or organizations" (The Official Bulletin of Ukraine, 2011, No. 91, by the Art. 3302):

1) in introductory part of the resolution of the word and figures of "part three of article 8 of the Law of Ukraine "On the principles of prevention and anti-corruption" shall be replaced with words "parts three of article 23 of the Law of Ukraine "On prevention of corruption";

Words and figures "Item 1 and subitems "an" and "b" of Item 2 parts one of article 4 of the Law of Ukraine "About the principles of prevention and anti-corruption" shall be replaced with words 2) in Item 1 of the Procedure approved by the specified resolution "Items 1 and 2 of part one of article 3 of the Law of Ukraine "On prevention of corruption".

13. The paragraph of the sixth of Item 5 of the Procedure for the appointment to positions and releases from positions of heads of territorial authorities of the ministries and other central executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of January 25, 2012 No. 45 (The Official Bulletin of Ukraine, 2012, No. 9, Art. 321; 2014, No. 4, the Art. 110) to exclude.

14. According to the procedure of consideration of the questions connected with preparation and introduction of representations concerning persons whose position assignment and dismissal is performed by the Verkhovna Rada of Ukraine by the President of Ukraine or the Cabinet of Ministers of Ukraine or it is approved with the Cabinet of Ministers of Ukraine, No. 298 approved by the resolution of the Cabinet of Ministers of Ukraine of April 11, 2012 "Some questions connected with preparation and introduction of representations concerning persons whose position assignment and dismissal is performed by the Verkhovna Rada of Ukraine by the President of Ukraine or the Cabinet of Ministers of Ukraine or it is approved with the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2012, No. 30, the Art. 1107, No. 71, Art. 2870; 2014, No. 85, Art. 2403; 2015, No. 28, Art. 812):

1) in Item 9:

exclude subitem 10;

in subitem 11 of the word "About the Principles of Prevention and Anti-corruption" shall be replaced with words "About the prevention of corruption";

Shall be replaced with words 2) in the name and paragraph one of appendix 2 to the Procedure for the word "About the Principles of Prevention and Anti-corruption" "About prevention of corruption".

15. In Regulations on procedure for service of civil protection of the private by persons and the commanding structure, No. 593 approved by the resolution of the Cabinet of Ministers of Ukraine of July 11, 2013 (The Official Bulletin of Ukraine, 2013, No. 67, Art. 2436; 2015, No. 28, Art. 812):

Item 27 paragraph two after the word "corruption" to add 1) with the words "or connected with corruption";

Shall be replaced with words 2) in Item 36 of the word "on whom within the last year administrative punishment for making of corruption offense was imposed" "on whom for making of the offense connected with corruption penalty in the form of deprivation of the right to hold positions or to be engaged in the activities connected with accomplishment of functions of the state or local self-government is imposed";

3) in the subitem 7 of Item 62:

in paragraph one of the word and figure "the paragraph third part one of article 1 of the Law of Ukraine "About the principles of prevention and anti-corruption" shall be replaced with words also in figure "the paragraph the fourth parts one of article 1 of the Law of Ukraine "About prevention of corruption";

in the second offer of the paragraph of third to replace the word "direct" with the word "direct";

4) in the paragraph the second Item 86 of the word "corruption offense" shall be replaced with words "the offense connected with corruption";

5) in paragraph one of Items 154 and 178 of the word "the corruption offense connected with violation of the restrictions provided by the Law of Ukraine "About the principles of prevention and anti-corruption" shall be replaced with words "the offense connected with corruption which imposes penalty in the form of deprivation of the right to hold positions or to be engaged in the activities connected with accomplishment of functions of the state or local self-government";

The word "direct" to replace 6) in the subitem 10 of Item 176 with the word "direct";

7) in Item 197:

to exclude the paragraph of the eighth;

add Item with the paragraph of the following content:

"The candidate submits the declaration of person authorized on accomplishment of functions of the state or local self-government according to the procedure, determined by the Law of Ukraine "About prevention of corruption".";

8) the sixteenth Item 208 to exclude the paragraph;

9) in the text of the Provision of the word "the Law of Ukraine "On bases of prevention and anti-corruption" in all cases shall be replaced with words "the Law of Ukraine "On prevention of corruption" in the corresponding case.

16. In Standard regulations on authorized division (face) concerning prevention and identification of corruption approved by the resolution of the Cabinet of Ministers of Ukraine of September 4, 2013 No. 706 "Questions of prevention and identification of corruption" (The Official Bulletin of Ukraine, 2013, No. 76, Art. 2826; 2014, No. 62, Art. 1711):

"The law of Ukraine "On the principles of prevention and anti-corruption" shall be replaced with words 1) in Item 2 of the word "the Law of Ukraine "On prevention of corruption";

The subitem 5 of item 4 to exclude 2);

3) in Item 5:

state subitem 4 in the following edition:

"4) gives help in filling of declarations of person authorized on accomplishment of functions of the state or local self-government;";

exclude subitem 5;

in the subitem 6 after the words "making of corruption" to add with the words "or connected with corruption", and the words "and also offense signs by results of verifications of declarations on property, the income, expenses and obligations of financial nature", to exclude;

"corruption" to add the subitem 10 after the word with the words "or connected with corruption";

4) in the subitem 2 of Item 7 of the word", and also about the revealed logical and arithmetic mistakes in declarations on property, the income, expenses and obligations of financial nature" to exclude;

In paragraph one of Item 8 of the word "offenses or" shall be replaced with words 5) "or the offense connected with corruption or";

The subitem 1 of Item 9 after the word "corruption" to add 6) with the words "or connected with corruption".

17. In item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228 (The Official Bulletin of Ukraine, 2014, No. 54, the Art. 1455, No. 85, Art. 2412; 2015, No. 6, Art. 127):

The subitem 6 after the word "corruption" to add 1) with the words "and connected with corruption";

Subitem 7 to exclude 2).

18. In item 4 of the Regulations on the National agency of Ukraine concerning public service approved by the resolution of the Cabinet of Ministers of Ukraine of October 1, 2014 No. 500 (The Official Bulletin of Ukraine, 2014, No. 81, Art. 2288; 2015, Art. No. 28 812):

1) in subitem 15 of the word of "the Laws of Ukraine "On public service" and "About the principles of prevention and anti-corruption", performs actions for prevention of manifestations of corruption among government employees and officials of local self-government "shall be replaced with words" the Law of Ukraine "About public service";

2) in subitem 16 of the word", and also the facts of violation of ethics of behavior of the government employee" to exclude;

Subitems 17 and 18 to exclude 3).

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 14, 2015 , No. 301

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of June 2, 2003 No. 828 "About measures for advanced training of employees of public authorities and local government bodies concerning prevention and anti-corruption" (The Official Bulletin of Ukraine, 2003, No. 23, the Art. 1056).

2. The resolution of the Cabinet of Ministers of Ukraine of October 18, 2006 No. 1436 "About introduction of amendments to resolutions of the Cabinet of Ministers of Ukraine of July 14, 1999 No. 1262 and of June 2, 2003 No. 828" (The Official Bulletin of Ukraine, 2006, No. 42, the Art. 2815) regarding modification of the Procedure for the advanced training of employees of public authorities and local government bodies concerning fight against corruption approved by the resolution of the Cabinet of Ministers of Ukraine of June 2, 2003 No. 828 "About measures for advanced training of employees of public authorities and local government bodies concerning fight against corruption" (The Official Bulletin of Ukraine, 2003, No. 23, the Art. 1056).

3. The paragraph third the deciding part of the resolution of the Cabinet of Ministers of Ukraine of December 27, 2008 No. 1145 "About amendment of the procedures approved by resolutions of the Cabinet of Ministers of Ukraine of July 14, 1999 No. 1262 and of June 2, 2003 No. 828" (The Official Bulletin of Ukraine, 2008, No. 100, the Art. 3336).

4. The resolution of the Cabinet of Ministers of Ukraine of October 12, 2011 No. 1072 "About approval of the Procedure for informing the National agency concerning public service about persons authorized on accomplishment of functions of the state or the local self-government dismissed in connection with accountability for corruption offense" (The Official Bulletin of Ukraine, 2011, No. 81, the Art. 2978).

5. The resolution of the Cabinet of Ministers of Ukraine of October 20, 2011 No. 1094 "About approval of the Procedure for preparation and promulgation of the report on results of holding actions for prevention and anti-corruption" (The Official Bulletin of Ukraine, 2011, No. 84, the Art. 3064).

6. The resolution of the Cabinet of Ministers of Ukraine of January 11, 2012 No. 16 "About approval of the Procedure for document storage and use of the data specified in the declaration on property, the income, expenses and obligations of financial nature, and data on opening of the currency account in organization of nonresident bank" (The Official Bulletin of Ukraine, 2012, No. 4, the Art. 152).

7. The resolution of the Cabinet of Ministers of Ukraine of February 8, 2012 No. 64 "About production of declaration forms about property, the income, expenses and obligations of financial nature" (The Official Bulletin of Ukraine, 2012, No. 11, the Art. 405).

8. Item of 2 changes which are made to resolutions of the Cabinet of Ministers of Ukraine of July 14, 1999 No. 1262 and of June 2, 2003 No. 828, approved by the resolution of the Cabinet of Ministers of Ukraine of April 5, 2012 No. 287 (The Official Bulletin of Ukraine, 2012, No. 28, the Art. 1047).

9. Item of 70 changes which are made to resolutions of the Cabinet of Ministers of Ukraine in connection with adoption of the Criminal Procedure Code of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of September 19, 2012 No. 868 (The Official Bulletin of Ukraine, 2012, No. 71, the Art. 2870).

10. Items 6, 7, 8 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of September 4, 2013 No. 706 "Questions of prevention and identification of corruption" (The Official Bulletin of Ukraine, 2013, No. 76, the Art. 2826).

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