ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 26, 2016 No. 868

About approval of the Regulations on the commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants, participants of war

According to Item 5 of the Procedure for provision of participant status of fighting to persons who protected independence sovereignty and territorial integrity of Ukraine and were directly involved in anti-terrorist operation, ensuring its carrying out approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 413 (with changes), I order:

1. Approve Regulations on the commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants, participants of war which is applied.

2. Consider No. 368 which voided the order of the Ministry of Internal Affairs of Ukraine of April 1, 2015 "About approval of the Regulations on the commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants of employees of law-enforcement bodies of Ukraine", registered in the Ministry of Justice of Ukraine on April 9, 2015 at No. 398/26843.

3. (Melnik V. V.) to provide to management for participants of anti-terrorist operation of the Ministry of Internal Affairs of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

5. To impose control of execution of this order on the deputy minister of Summer S. A.

Approved by the Order of the Ministry of Internal Affairs of Ukraine of August 26, 2016 No. 868

Regulations on the commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants, participants of war

I. General provisions

1. This Provision determines the main functions, tasks, powers and structure of the commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants, participants of war of government employees, employees of the Ministry of Internal Affairs of Ukraine and employees of territorial authorities, organizations and the companies, belong to the sphere of Regional Office of the Ministry of Internal Affairs of Ukraine, other persons determined by the current legislation (further - employees of the Ministry of Internal Affairs), and also the organization of its work.

2. The commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants, participants of war (further the Commission) is created in the office of the Ministry of Internal Affairs by the order of the Ministry of Internal Affairs for the purpose of implementation of actions, the fighting connected with provision of participant status, the participant of war to employees of the Ministry of Internal Affairs.

3. In the activities the Commission is guided by the Constitution of Ukraine, the laws of Ukraine, presidential decrees of Ukraine, resolutions of the Verkhovna Rada of Ukraine, acts of the Cabinet of Ministers of Ukraine, the Ministry of Internal Affairs of Ukraine and this Provision.

II. Main objectives and rights of the Commission

1. The main objectives of the Commission is studying of documents and decision making about provision to employees of the Ministry of Internal Affairs of participant status of fighting, consideration of the questions connected with establishment of participant status of war according to Items 6 and 13 of article 9 of the Law of Ukraine "About the status of veterans of war, guarantees of their social protection".

2. For the purpose of ensuring accomplishment of the tasks assigned to it the Commission has the right:

1) to study the references, documents and other proofs sent by heads of structural divisions of the Ministry of Internal Affairs of Ukraine and heads of the territorial authorities, organizations and companies relating to the sphere of Regional Office of the Ministry of Internal Affairs of Ukraine, other persons determined by the current legislation (further - division managers), submitted personally;

To hear 2) in case of need employees of the Ministry of Internal Affairs, witnesses, representatives of public authorities, public organizations, councils of veterans;

To submit 3) the interdepartmental commission on questions of consideration of materials about recognition by combatants and payment of the one-time monetary assistance in case of death (death) or disability of the volunteer and some other categories of persons according to the Law of Ukraine "About the status of veterans of war, guarantees of their social protection" which is formed by Public service for veterans of war and participants of anti-terrorist operation (further - the interdepartmental commission), documents according to the matters of argument requiring interdepartmental settlement;

To take 4) into account proofs, offers and recommendations of the commissions created in the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Ministry of Internal Affairs of Ukraine, during studying of materials about provision of participant status of war to employees of the Ministry of Internal Affairs;

5) to return documents to division managers for further completion;

6) to make the decision on refusal in provision of participant status of fighting, the participant of war;

7) to make the decision on deprivation of participant status of fighting, the participant of war;

8) repeatedly to consider according to the decision of the Minister of Internal Affairs of Ukraine (person fulfilling its duties) question of provision of participant status of fighting, the participant of war to persons to whom it was refused provision of such status earlier.

3. The commission makes the decision on provision of participant status of fighting, the participant of war from the date of receipt of documents (the specified information) in a month.

4. The commission refuses provision of participant status of fighting, the participant of war in case:

lack of documents which contain sufficient confirmatory evidences and are the basis for provision of participant status of fighting, the participant of war;

provisions of doubtful data on persons specified in Item 1 of the Section I of this provision;

identifications of the fact of forgery, fighting which are the basis for provision of participant status, the participant of war;

availability of conviction of the court which took legal effect for making of intentional heavy or especially serious crime during participation in anti-terrorist operation.

5. The commission makes the decision on deprivation of participant status of fighting, the participant of war in case:

1) availability of conviction of the court which took legal effect for making of intentional heavy or especially serious crime during participation in anti-terrorist operation;

2) identifications of the fact of forgery, fighting which are the basis for provision of participant status, the participant of war;

3) provisions of doubtful data on the employee of the Ministry of Internal Affairs;

4) submissions by the employee of the Ministry of Internal Affairs of the statement for deprivation of its participant status of fighting, participant of war.

6. The commission after decision making to the employee of the Ministry of Internal Affairs of participant status of fighting informs in a month Public service for veterans of war on provision and participants of anti-terrorist operation in form according to appendix 3 to the Procedure for provision of participant status of fighting to persons who protected independence, sovereignty and territorial integrity of Ukraine and were directly involved in anti-terrorist operation, ensuring its carrying out, to No. 413 approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014.

7. The decision of the Commission can be appealed judicially.

8. In case of the appeal of person to court about factual determination of participation in anti-terrorist operation or other fighting which grant the right to recognition by its combatant, the participant of war and adoptions of the relevant positive decision by court such judgment is recognized as the document confirming the right of person to recognition by its combatant, participant of war. The judgment is subject to storage in the Ministry of Internal Affairs according to the legislation.

III. Features of provision to employees of the Ministry of Internal Affairs of participant status of fighting, the participant of war for participation in anti-terrorist operation

1. The commission makes the decision on provision of participant status of fighting based on documents relatively:

1) direct attraction to accomplishment of tasks of anti-terrorist operation in areas of its carrying out;

2) the direction (arrival) in business trip to areas of conducting anti-terrorist operation;

3) stay in areas of conducting anti-terrorist operation for the purpose of accomplishment of tasks on protection of independence, sovereignty and territorial integrity of Ukraine by direct participation in anti-terrorist operation, ensuring its carrying out.

1. Supporting documents for decision making about provision of participant status of fighting is the excerpt from orders of the head of the Anti-terrorist center under the Security Service of Ukraine about attraction to conducting anti-terrorist operation, directives, orders, business trip orders, operational tasks, magazines of fighting, fighting reports, dislocations, books of job specifications, schedules of service, reports, data, reports, materials of special (office) investigations on the facts of receipt of wounds, and also other official documents issued by state bodies, containing sufficient evidences about direct participation of person in accomplishment of tasks of anti-terrorist operation in areas of its carrying out.

3. The commission makes the decision on provision of participant status of war based on documents on direct attraction to accomplishment of tasks of anti-terrorist operation in areas of its carrying out (the statement from orders of the head of the Anti-terrorist center under the Security Service of Ukraine), and also documents on the direction (arrival) in business trip for direct participation in anti-terrorist operation in areas of its carrying out (the statement from orders, orders, business trip orders, books of job specifications, materials of special (office) investigations on the facts of receipt of wounds).

4. For provision of participant status of fighting, the participant of war division managers in whose subordination employees of the Ministry of Internal Affairs served or worked, after completion of tasks of anti-terrorist operation in areas of its carrying out in a month (after the publication of the relevant order of the head of the Anti-terrorist center under the Security Service of Ukraine) shall submit for consideration the Commissions of the reference on form according to appendix 1 to the Procedure for provision of participant status of fighting to persons who protected independence, sovereignty and territorial integrity of Ukraine and were directly involved in anti-terrorist operation, ensuring its carrying out, to No. approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 413, and the documents specified in Items 13 of this Section which are the basis for provision of participant status of fighting, the participant of war. If the permanent base of division or organization, institution is directly in the area of conducting anti-terrorist operation, division managers submit documents for consideration of the Commission after appointment of government employees, employees of the Ministry of Internal Affairs to the corresponding positions in a month.

In case of change of special rank or position division managers add the reference to materials which are sent for consideration of the Commission with indication of corresponding dates and numbers of the order.

All materials which are sent for consideration of the Commission are drawn up with observance of requirements of the legislation for personal data protection and access to public information and certified in accordance with the established procedure by the head of the structural unit of the Ministry of Internal Affairs of Ukraine, the division manager of staffing.

Dismissal of person from service does not influence terms and quality of training and the directions of the corresponding materials for consideration of the Commission. The reference signed by the division manager with indication of date, numbers of the dismissal order is attached to materials of such persons.

IV. Structure of the Commission

1. The commission consists of the chairman, the vice-chairman, the secretary and members of the commission from among the representatives of structural divisions of the office of the Ministry of Internal Affairs, territorial authorities, organizations and the companies relating to the sphere of Regional Office of the Ministry of Internal Affairs of Ukraine.

According to the decision of the Minister of Internal Affairs of Ukraine of the Commission representatives of trade-union and other public organizations can be also included (under approval).

2. The staff of the Commission affirms the order of the Minister of Internal Affairs of Ukraine.

3. Commission chairman:

1) heads the Commission, performs the common directorship of the Commission and provides the organization of its work;

2) presides over commission sessions;

3) will be organized within the powers by interaction of the Commission with the interdepartmental commission;

4) signs protocols and decisions made by the Commission;

5) participates in actions for publicizing of activities of the Commission.

4. In case of absence of the commission chairman his deputy presides over meetings.

5. The secretary of the Commission will organize preparation and mailing of notifications to all members of the commission about time and date of meeting, the draft of the agenda, takes the minutes of the Commission and draws up its decisions.

V. Organization of work of the Commission

1. Form of work of the Commission are meetings which are held at least once a month (in the presence of documents for consideration).

Date of meeting and the agenda are told members of the commission not later than 2 working days prior to meeting.

2. Commission session is competent if at it there is at least a half of her members.

3. The decision of the Commission are accepted by open voting by a simple majority vote of the members of the commission who are present at meeting.

In case of equal distribution of voices the commission chairman's voice is decisive (in case absence of the commission chairman - his deputy who presides over meeting).

In case of disagreement with the made decision the member of the commission in writing states the objections in the official report (report) which is attached to the minutes of the Commission and is its integral part.

4. Results of commission session are drawn up by the protocol no later than 3 working days from the date of its carrying out.

The protocol is signed by the commission chairman, his deputy, the secretary and all members of the commission participating in meeting.

Based on the protocol of the Commission the decision on recognition by combatants, participants of war of police officers in the form given in appendix to this Provision which is signed by the chairman (his deputy) and the secretary of the Commission and is sealed official the Ministries of Internal Affairs of Ukraine prepares.

5. The decision of the Commission on establishment of participant status of fighting goes to division managers in whose subordination employees of the Ministry of Internal Affairs of Ukraine passed (serve) or worked (work), for the organization of certification of the combatant.

6. The decision of the Commission on establishment goes to the persons of participant status of war to division managers under the authority of whom they passed (serve) or worked (work), for the subsequent direction for execution to social security authorities of the population on the location of citizens at pension accounting or in the place of their residence. Excerpts from decisions of the Commission on establishment of participant status of war are kept in pension cases of citizens and in separate cases of general clerical work as obligatory documents. The copy of the decision of the Commission on establishment to person of participant status of war certified by the division manager of staffing is stored in the personal record.

7. Materials based on which the Commission made the decision are stored in the Ministry of Internal Affairs of Ukraine according to the current legislation.

Appendix

to Regulations on the commission of the Ministry of Internal Affairs of Ukraine concerning consideration of materials about recognition by combatants, participants of war (item 4 of the Section V)

 

 

 

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