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It is registered

Ministry of Justice of Ukraine

May 16, 2013

No. 744/23276

ORDER OF THE MINISTRY OF INFRASTRUCTURE OF UKRAINE

of April 18, 2013 No. 235

About approval of the Procedure for registration of materials about administrative offenses on sea and river transport

(In edition of the Order of the Ministry of infrastructure of Ukraine of 11.11.2015 No. 455)

According to the Code of Ukraine about administrative offenses, the Regulations on the Ministry of infrastructure of Ukraine approved by the Presidential decree of Ukraine of May 12, 2011 No. 581, the Regulations on the State inspectorate of Ukraine for safety on sea and river transport approved by the Presidential decree of Ukraine of April 08, 2011 No. 447, I ORDER:

1. Approve the Procedure for registration of materials about administrative offenses on sea and river transport which is applied.

2. To provide to the state inspectorate of Ukraine for safety on sea and river transport:

2.1. Submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

2.2. Promulgation of this order on the official site of the Ministry of infrastructure of Ukraine.

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

5. To impose control over the implementation of this order on the deputy minister Demidovich D. V.

Minister

V. Kozak

Approved by the Order of the Ministry of infrastructure of Ukraine of April 18, 2013, No. 235

Procedure for registration of materials about administrative offenses on sea and river transport

I. General provisions

1.1. This Procedure determines the procedure of registration of materials about administrative offenses on sea and river transport bodies of sea and river transport, administrative prosecution of service employees of the companies, organizations, the organizations irrespective of patterns of ownership and departmental accessory and citizens in case of making of the administrative offenses provided by the Code of Ukraine about administrative offenses (further - KUOAP), and also the organization and record keeping for cases on administrative offenses.

1.2. On behalf of bodies of sea and river transport to consider cases on administrative offenses and the service employees authorized on that determined in Article 225 KUOAP have the right to impose administrative punishments (the authorized person is farther).

1.3. Bodies of sea and river transport consider cases on the administrative offenses provided by Articles 114, of 115, of 116, 116-1, 116-2, 116-3, 117, of 118, Article part one 120, Article part three 129, parts five and the sixth Article 130, Article part two 133, Article part one 134, the paragraph the tenth Articles 135, Articles 136 and 188-15 KUOAP.

1.4. For making of administrative offense bodies of sea and river transport can apply such administrative punishments:

prevention;

penalty;

deprivation of the right of management of ship, small size vessel, all types of floating crafts.

1.5. Aged from sixteen up to eighteen years which made administrative offense influence measures, stipulated in Article 24-1 KUOAP are applied to minors.

1.6. In case of making by minors aged from fourteen up to sixteen years of offense on sea and river transport, responsibility for which is provided KUOAP, measures of influence are applied according to the procedure, provided by part three of Article 184 KUOAP.

1.7. Foreigners and stateless persons which are in the territory of Ukraine are subject to the administrative responsibility according to the procedure, stipulated in Article 16 KUOAP.

1.8. Person who acted in condition of emergency, justifiable defense or who was in diminished responsibility condition is not subject to the administrative responsibility.

1.9. Imposing of administrative punishments when making several administrative offenses is performed according to the procedure, determined by Article 36 KUOAP.

1.10. Administrative punishment is imposed in terms, stipulated in Article 38 KUOAP.

II. Creation of protocols on administrative offenses

2.1. In case of identification of administrative offense on sea and river transport, responsibility for which is provided KUOAP, the protocol on administrative offense in the form given in appendix 1 to this Procedure is constituted.

2.2. Protocols on administrative offenses have the right to constitute authorized persons and safety inspectors on sea and river transport (for the administrative offenses provided by parts one, third, fourth and fifth Article 116, part two of Article 116-1, part three of Article 116-2, Article part one 117, Article 118, Article part three 129, parts three and the fourth Article 130 KUOAP).

2.3. In case of making of administrative offense by several persons the protocol is constituted on each person separately. In case of making by one person of two or more administrative offenses the separate protocol on each offense is constituted.

2.4. The protocol on administrative offense is constituted in duplicate, one of which on receipt is handed to person who is brought to the administrative responsibility (Article 254 KUOAP).

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