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Ministry of Justice of Ukraine

November 28, 2017

No. 1442/31310

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of November 27, 2017 No. 3791/5

About approval of the Regulations on the Disciplinary commission of private contractors

(as amended on 07-04-2021)

According to article 39 of the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies" I order:

1. Approve Regulations on the Disciplinary commission of private contractors which are applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of October 21, 2016 No. 3003/5 "About approval of the Regulations on the Temporary disciplinary commission of private contractors", registered in the Ministry of Justice of Ukraine on November 7, 2016 at No. 1439/29569.

3. To department concerning justice and homeland security of the Ministry of Justice of Ukraine (Oleynik A. N.) 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".

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 justice of Ukraine concerning executive service Shklyar S. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of November 27, 2017 No. 3791/5

Regulations on the Disciplinary commission of private contractors

1. This Provision determines procedure for education under Ministry of Justice of the Disciplinary commission of private contractors (further - the Disciplinary commission), its tasks, function and procedure for activities.

2. In the activities the Disciplinary commission is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, this Provision, and also orders of Ministry of Justice.

3. The main objectives of the Disciplinary commission are:

consideration of questions of involvement of private contractors to disciplinary responsibility for making of minor offenses;

decision making about application to the private contractor of authority punishment.

4. The disciplinary commission according to the tasks assigned to it:

considers idea of Ministry of Justice, Council of private contractors of Ukraine of involvement of the private contractor to disciplinary responsibility;

in case of receipt of claims to activities of private contractors directs them to check to Ministry of Justice or Council of private contractors of Ukraine;

makes the decision based on idea of Ministry of Justice or Council of private contractors of Ukraine of application to the private contractor of authority punishment.

5. Nine members, four of whom are appointed by Ministry of Justice, including the Minister or the deputy minister, four - congress of private contractors of Ukraine and one - Judicial council of Ukraine, are part of the Disciplinary commission.

The specified bodies have the right to appoint in structure of the Disciplinary commission of persons from among the representatives, judges, judges in resignation, scientists, specialists in the field of the right and private contractors.

The private contractor can be delegated to the Disciplinary commission provided that:

it was not member of the previous structures of the Disciplinary commission;

authority punishments were not applied to it.

6. The disciplinary commission is considered authorized in case of appointment at least seven members of the commission.

7. The staff of the Disciplinary commission affirms the order of Ministry of Justice.

8. The term of office of members of the Disciplinary commission constitutes two years.

9. The chairman of the Disciplinary commission is the Minister of Justice of Ukraine or the deputy minister of justice of Ukraine.

The chairman of the Disciplinary commission will organize work of the Disciplinary commission, determines and approves the agenda of its meetings, and also distributes obligations between her members.

In case of absence of the chairman of the Disciplinary commission its duties are fulfilled by the vice-chairman of the Disciplinary commission.

10. The vice-chairman of the Disciplinary commission is elected from among her members at the first meeting of the Disciplinary commission by open voting.

11. The secretary of the Disciplinary commission is elected by the Disciplinary commission from among her members.

The secretary of the Disciplinary commission provides the direction on check to Ministry of Justice or Council of private contractors of Ukraine of claims to activities of private contractors which arrived in the Disciplinary commission, preparation of holding meetings of the Disciplinary commission and maintaining protocols of meetings of the Disciplinary commission.

12. Meetings of the Disciplinary commission are held in case of need.

Date, time and the venue of meeting of the Disciplinary commission are determined by its chairman.

The meeting of the Disciplinary commission can be held in the video conferencing mode.

The secretary of the Disciplinary commission not later than 5 days before holding meeting notifies the members of the Disciplinary commission and persons participating in meeting on date and time of its carrying out.

In case of holding meeting in the video conferencing mode the secretary of the Disciplinary commission specifies about it in the notification.

Meetings of the Disciplinary commission are held in state language.

The private contractor can participate in consideration of question (case) independently and/or through the representative. Powers of representatives shall be confirmed according to requirements of the law. Originals of the relevant documents or their properly verified copies join disciplinary case.

On meeting of the Disciplinary commission, including in the video conferencing mode, representatives of public authorities, local government bodies, Associations of private contractors of Ukraine and the bodies formed by Association of private contractors of Ukraine and also other persons, including the international experts, in their consent can be invited and heard.

During hearing of persons, the specified in paragraphs seven and the eighth this Item, the Disciplinary commission on the petition of such persons attaches to materials of disciplinary case the materials (documents) provided by them.

Correspondence on questions of work of the Disciplinary commission goes to the member of the Disciplinary commission to its e-mail address. The member of the Disciplinary commission shall notify the Disciplinary commission on the e-mail address in writing.

13. The meeting of the Disciplinary commission is considered authorized in case of presence on it at least five members of the commission.

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