ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of November 22, 2016 No. 3301/5

About approval of the Procedure for assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine and deprivation of special ranks

List of amending documents

According to Articles 14, 23 Laws of Ukraine "About the Public criminal and executive service of Ukraine", Articles 81 - 85 Laws of Ukraine "About National police", subitem 13-2 - Item 12 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, and for the purpose of determination of procedure for assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine, representation of materials for their assignment, and also deprivation of special ranks order:

1. Approve the Procedure for assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine and deprivation of special ranks which is applied.

2. To department of personnel (N.P.'s Owl) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).

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

4. I reserve control of execution of this order.

Approved by the Order of the Ministry of Justice of Ukraine of November 22, 2016, No. 3301/5

Procedure for assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine and deprivation of special ranks

I. General provisions

1. This Procedure developed according to Articles 14, 23 Laws of Ukraine "About the Public criminal and executive service of Ukraine", Articles 81 - 85 Laws of Ukraine "About National police", subitem 13-2 - Item 12 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, determines conditions of assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine (further - GUIS of Ukraine) and deprivations of special ranks, the list of documents necessary for this purpose and terms of their representation.

2. Special ranks depending on category of persons to whom they are appropriated, share on primary and next.

3. Primary special ranks of the private and the commanding structure of GUIS of Ukraine are appropriated to the persons for the first time employed or transferred to Administration of the Public criminal and executive service of Ukraine, interregional managements concerning execution of criminal penalties and probation, organization of execution of punishments, the pre-trial detention centers, educational institutions, organizations and the organizations created for ensuring accomplishment of tasks of GUIS of Ukraine (further - bodies and organizations), from the ministries, other central executive bodies, law enforcement agencies with the available military or other special rank according to the procedure of recertification.

4. The next special ranks are given to faces of the private and the commanding structure of GUIS of Ukraine, persons translated from the ministries, other central executive bodies, law enforcement agencies to which staff according to the legislation the military or special ranks are given on condition of compliance of special rank to which assignment person is represented, to the special rank provided the held established post and also for achievement of good results in operational and service activity courageous and dedicated actions on duty ahead of schedule and it is one step above the rank provided by the held established post.

5. Primary special ranks of the ordinary and younger commanding structure of GUIS of Ukraine are appropriated by heads of bodies and organizations who employ the decision on acceptance, along with the decision on acceptance on service and position assignment.

6. Primary special ranks of average and the senior commanding structure are appropriated by the Minister of Justice of Ukraine.

7. The next special ranks have the right to appropriate:

1) heads of bodies and organizations - special ranks of the younger, average commanding structure concerning which they employ the decision on acceptance;

2) heads of Administration of the Public criminal and executive service of Ukraine, interregional managements concerning execution of criminal penalties and probation, educational institutions - special ranks of the younger commanding structure ahead of schedule and is one step above the rank provided by the held established post;

3) the Minister of Justice of Ukraine - special ranks of the senior commanding structure to the colonel of internal service inclusive, and also special ranks of average and the senior commanding structure ahead of schedule and is one step above the rank provided by the held established post;

4) the President of Ukraine - special ranks of the highest commanding structure.

8. Terms of period of service in special ranks of the younger commanding structure:

the lance sergeant of internal service - 1 year;

the sergeant of internal service - 2 years;

the staff sergeant of internal service - 3 years;

the ensign of internal service - 5 years.

Terms of period of service in ranks of the private of internal service, the foreman of internal service, and also the senior warrant officer of internal service are not established.

9. Terms of period of service in special ranks of persons of average and the senior commanding structure:

the second lieutenant of internal service - 1 year;

the lieutenant of internal service - 2 years;

the senior lieutenant of internal service - 3 years;

the captain of internal service - 3 years;

the major of internal service - 4 years;

the lieutenant colonel of internal service - 5 years.

Terms of period of service in ranks of the colonel of internal service are not established above.

10. The next special ranks are appropriated to faces of the private and the commanding structure of GUIS of Ukraine in consecutive procedure after fixed term of period of service in the previous rank on condition of compliance of established post of the next rank to the special rank provided by the held established post and the positive characteristic.

11. The term of period of service in special rank is estimated from the date of signing of the order on assignment of rank.

12. To persons who were earlier serving in the Armed Forces of Ukraine, other military forming formed according to the laws of Ukraine the ministries, other central executive bodies, law enforcement agencies to which staff according to the legislation the military or special ranks are given and are employed in GUIS of Ukraine, the special ranks corresponding to those which they had in the previous place of service according to the procedure of recertification are given.

Persons who served in GUIS of Ukraine on positions younger earlier average and the senior commanding structure, in case of repeated acceptance on service, are enlisted in personnel of GUIS of Ukraine by heads of bodies and organizations who employ the decision on acceptance and position assignment, in special ranks which they had before dismissal about what the relevant order is issued.

13. The next special ranks are appropriated to persons specified in Item 12 of this Section taking into account set of term of stay in the available special (military) rank before release and the term of stay in this rank after transfer in personnel of GUIS of Ukraine.

14. To the faces of the commanding structure lowered in special rank on one step, the term of period of service for assignment of the next special rank begins to be estimated from the date of the publication of the order on staff on lowering in the previous special rank on one step.

15. To the faces of the commanding structure of GUIS of Ukraine recovered in special rank in connection with cancellation as the illegal order on assignment of special rank, lengths of service for receipt of the next special rank the term of period of service in special rank which was given by it as a result of the publication of the illegal order, and also the term of period of service in the available special rank to the publication of the illegal order is set off.

16. The next special ranks of the commanding structure to the colonel of internal service inclusive to listeners (including to graduate students and doctoral candidates) departmental educational institutions, are appropriated when training after fixed term of period of service in special rank in case of compliance of the next special rank to the rank provided by the last established position which they held before receipt in educational institution, postgraduate study or doctoral studies.

17. Assignment of the next special ranks to the faces of command structure of GUIS of Ukraine affiliated or sent with leaving in personnel to other public authorities (organizations, the organizations), authorities of the Autonomous Republic of Crimea, local government bodies, is performed on representation of heads of the specified bodies (organizations, the organizations) on condition of compliance of the next special rank to the special rank provided by the last held established position which the face of the commanding structure held prior to business trip.

18. Ahead of schedule special ranks can be given as encouragement after at least a half of fixed term of period of service in special rank in case of compliance of special rank which is given to the special rank provided by the held established post.

19. The next special ranks are one step higher than the special rank provided by the held established post, can be appropriated as encouragement after at least one and a half the term of period of service in the previous special rank.

20. The order on assignment of special ranks to faces of the private and the commanding structure of GUIS of Ukraine is issued in the last working day of month once a month.

21. The term of period of service in special rank is estimated from the date of signing of the order on assignment of this rank.

II. Representation of materials for assignment of special ranks to faces of the private and the commanding structure of GUIS of Ukraine

1. For assignment of primary special ranks of average and the senior commanding structure, the next special ranks of the senior commanding structure, on set of terms of stay in special rank, according to the procedure of recertification, transfer idea of assignment of special rank of internal service goes to service to GUIS of Ukraine to service of personnel management of the Ministry of Justice of Ukraine (appendix 1) in which it is noted:

1) in case of assignment of primary special rank - information on removal from military accounting or provision of delay for service in GUIS of Ukraine and results of the conclusion of the military-medical commission;

2) in case of assignment of primary special rank, special colonelcy of internal service, special rank ahead of schedule, on set of terms of stay in the available special (military) rank, according to the procedure of recertification, and also transfer in personnel of GUIS of Ukraine - all positions since the beginning of labor activity, service, study on full-time departments of educational institutions and the reasons of breaks.

2. The divisions of personnel of relevant organ or organization of the copy of the diploma certified by the worker about the termination of higher educational institution, appendix to it, the military ID are applied to documents on assignment of primary special rank of average and the senior commanding structure.

3. Materials for assignment of the next special ranks of the senior commanding structure of GUIS of Ukraine to persons having fixed term of period of service in special rank which comes to an end on the first day of the next month go to service of personnel management of the Ministry of Justice of Ukraine to the 05th of current month.

4. The head of body or organization in which person who is represented to assignment of special rank serves is responsible for timely representation of materials about assignment of special ranks of the commanding structure of GUIS of Ukraine.

Materials about assignment of special ranks are carried out in printing, corrections in them are not allowed. Together with idea of assignment of special rank the certificate of lack of authority punishment goes to service of personnel management of the Ministry of Justice of Ukraine.

5. In case of untimely representation of materials about assignment of the next special rank to persons of the commanding structure the reasoned information on causes of infringement of terms of representation and response measures to persons who allowed such violation goes to service of personnel management of the Ministry of Justice of Ukraine.

6. Idea of assignment of special ranks which go to service of personnel management of the Ministry of Justice of Ukraine move signed by heads of the bodies and organizations or persons fulfilling their duties.

III. Procedure for filling idea of assignment of special ranks to faces of command structure of GUIS of Ukraine

1. By preparation of ideas of assignment of primary and next special ranks of the private and the commanding structure (further - representation) it is necessary to observe the following requirements:

1) in Item 1 information on limiting special rank on the held established post is provided;

2) in Item 2 it is determined to what (primary, next, ahead of schedule or on one step provided by established post) to rank the candidate for its assignment is given above;

3) in Item 3 are specified the available special rank, the surname, name, middle name, personal number of the candidate for assignment of the next rank held by it position, body or GUIS organization of Ukraine in which he serves;

4) the item 4 is filled in case of assignment of personal number to person who is for the first time enlisted in personnel of GUIS of Ukraine;

5) in Item 5 the number, month and year of birth of person which is represented to assignment of special rank is specified;

6) in Item 6 information on educational institution in which the worker, and date of its termination, the level, degree and qualification of the higher education studied moves

7) in Item 7 the academic degree, academic status are in the presence specified;

8) in case of assignment of primary special rank of average and the senior commanding structure in Item 8 the military rank of inventory or other special rank which the candidate had before transfer in GUIS of Ukraine are specified in the presence;

9) in case of assignment of special rank on set of length of service in Item 8 the military rank of inventory or other special rank which the candidate had before transfer in GUIS of Ukraine, and also the available special rank of the commanding structure of GUIS of Ukraine are specified in the presence.

By provision of the data specified in subitems 8 and 9 of this Item surely are specified what body or GUIS organization of Ukraine, by the ministry, other central executive body gives the military or special rank, date and number of the order;

10) data on availability at person to whom primary special rank, certificates of the military-medical commission of the validity to service in GUIS of Ukraine, its accounting number and date of issue is given are provided in Item 9;

11) in Item 10 information on removal from military accounting what military commissariat and when makes such decision, number of the military ID or the certificate of addition to the draft site, date of issue of these documents is stated;

12) in Item 11 information characterizing person who is represented to assignment of special rank is stated;

13) in Item 12 the conclusion of the head of body or organization is specified;

14) data according to the requirements established in the subitem 2 of Item 1 of the Section II of this Procedure are provided in Item 13.

2. In case of assignment of the next special rank in Representation Items 1 - 3, 5 - 8, 11 - 13, 14 are filled.

IV. Procedure for deprivation of special ranks

1. Faces of the commanding structure of GUIS of Ukraine can be deprived of special rank for making of criminal offense based on the court verdict which took legal effect.

Deprivation of special rank is performed by order of the Minister of Justice of Ukraine, the head of the body or organization which gave the corresponding special rank.

2. Divisions of personnel of bodies or organizations within ten days from the moment of receipt of properly verified copy of the court verdict which took legal effect, about deprivation of special rank of faces of the younger and average commanding structure prepare the relevant order on staff.

3. For preparation of the draft of the order on deprivation of special rank of faces of the senior commanding structure of division of personnel of bodies or organizations in ten-day time direct idea of deprivation of special rank of internal service to service of personnel management of the Ministry of Justice of Ukraine (appendix 2) and the copy of the court verdict certified properly which took legal effect.

4. About accomplishment of the judgment regarding deprivation of special rank of faces of command structure heads of bodies or organizations in 30-days time notify on it the relevant court.

Appendix 1

to the Procedure for assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine and deprivation of special ranks (Item 1 of the Section II)

See Appendix 1 (13Kb In original language)

Appendix 2

to the Procedure for assignment of special ranks to faces of the private and the commanding structure of the Public criminal and executive service of Ukraine and deprivation of special ranks (Item 3 of the Section IV)

See Appendix 2 (10Kb In original language)

 

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