ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of November 27, 2017 No. 3793/5

About modification of the Procedure for the admission to profession of the private contractor

According to article 17 of the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies" I order:

1. Approve Changes in the Procedure for the admission to profession of the private contractor approved by the order of the Ministry of Justice of Ukraine of October 25, 2016 No. 3053/5, registered in the Ministry of Justice of Ukraine on November 7, 2016 at No. 1445/29575, which are applied.

2. To department of the public executive service (Moiseyev Yu. A.) in fifteen-day time from the date of entry into force of this order to provide preparation and placement on the official website of the Ministry of Justice of Ukraine of the list of obligatory questions on which training of persons having intention to perform activities of the private contractor is provided.

3. Determine that before placement of the list of the educational institutions conducting training courses on knowledge acquisition in the field of forced execution of judgments and decisions of other bodies, carrying out such rates continues Institute of the right and post-qualifying education of the Ministry of Justice of Ukraine (Chizhmar K. I.).

4. To department concerning justice and homeland security (Oleynik A. N.) provide submission of 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".

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

6. To impose control of execution of this order on the deputy minister of justice of Ukraine concerning executive service Shklyar S. V.

Approved by the Order of the Ministry of Justice of Ukraine of November 27, 2017 No. 3793/5

Changes in the Procedure for the admission to profession of the private contractor

To state the Section II of the Procedure for the admission to profession of the private contractor approved by the order of the Ministry of Justice of Ukraine of October 25, 2016 No. 3053/5, registered in the Ministry of Justice of Ukraine on November 7, 2016 at No. 1445/29575, in the following edition:

"II. Procedure for training

1. Training of persons who intend to perform activities of the private contractor (further - person) consists in carrying out by educational institutions (organizations) which conform to the requirements established in item 4 of this Section (further - organizations), training courses on knowledge acquisition in the field of forced execution of judgments and decisions of other bodies (further - rates) with issue of the certificate on training.

2. The structural division of the Ministry of Justice of Ukraine which provides realization of state policy in the field of the organization of forced execution of decisions of the courts and other bodies (officials) (further - structural division of the Ministry), based on written messages of institutions on intention to conduct courses creates the list of the organizations conducting courses (further - the List of institutions), and provides its placement on the official website of the Ministry of Justice of Ukraine.

3. Person takes courses based on the agreement signed between it and institution.

4. Institution which conforms to the following requirements can conduct courses:

provides services in the field of the higher education;

performs preparation or advanced training of specialists in the direction (specialty) "Right";

has the third or fourth level of accreditation in the direction (specialty) "Right" within at least three years or has experience of carrying out training or advanced training of specialists of highly specialized profiles together with the central executive bodies in this direction (this specialty) at least 10 years.

5. Courses are conducted on the principles of availability, combination of the theory and practice, differentiation and systemacity and according to the list of obligatory questions on which training of persons who intend to perform activities of the private contractor (further - the List of questions), by certain structural division of the Ministry and posted on the official website of the Ministry of Justice of Ukraine is provided.

6. The organization which intends to conduct courses for each calendar year prepares the curriculum of carrying out rates (further - the Plan).

The plan consists of training programs and contains specific content of subject matter, the sequence, organizational forms of its studying, I will eat around them also teachers who will be involved in carrying out studying of discipline.

The plan shall contain all questions determined in the List of questions, in the amount necessary for proper studying of specific discipline.

7. For entering of data into the List of institutions and carrying out rates institution submits to structural division of the Ministry the written notice to which are applied certified of the procedure for the copy of the documents confirming compliance to the requirements provided in item 4 of this Section and the Plan established by the legislation.

8. The plan is subject to approval of the Ministry by structural division within 15 working days. The structural division of the Ministry refuses approval of the Plan if the Plan is submitted institution with violation of requirements of Item 6 of this Section, and provides written offers concerning its processing.

9. The structural division of the Ministry refuses to institution inclusion in the List of institutions if:

institution does not conform to the requirements established in item 4 of this Section;

copies of the documents specified in item 4 of this Section do not conform to requirements of the legislation;

in the current year institution is excluded from the List of organizations according to Item 18 of this Section;

the Plan is not added to the notification on inclusion of institution in the List of organizations or approval of the Plan it is refused.

10. In inclusion of institution in the List of institutions the structural division of the Ministry in writing notifies institution on refusal.

Institution has the right to repeatedly submit the notification on inclusion in the List of institutions after elimination of the reasons which formed the basis for refusal in its inclusion in the List of institutions.

11. In case of institution compliance to the requirements established in item 4 of this Section, and approval of the Plan structural division of the Ministry including institution in the List of institutions.

12. In case of modification of the List of questions the structural division of the Ministry notifies by the information letter on it institutions and posts on the official website of the Ministry of Justice of Ukraine the updated List of questions no later than the next working day after its approval.

Organizations shall bring the Plan into accord with the List of questions and its tax on approval according to the procedure, determined by Items 6-11 of this Section. At the same time the approved preliminary plan is considered invalid.

If changes in the List of questions are made after promulgation on the official website of the Ministry of Justice of Ukraine information on carrying out rates, previously approved Plan to reduction to compliance with the List of questions is not subject.

13. The organization of carrying out rates institution begins after entering of institution into the List of institutions.

14. The term of carrying out rates constitutes at least one calendar month.

15. Courses are conducted in the location of organization or in the friend due the place equipped for carrying out rates chosen as institution.

16. Not later than 15 calendar days prior to carrying out rates institution sends information to structural division of the Ministry on intention of carrying out rates, term and the place of their carrying out for the purpose of its promulgation on the official website of the Ministry of Justice of Ukraine.

17. Training at rates comes to the end with carrying out in organization which performed training, final offsetting. The procedure for carrying out final offsetting is determined by organization and affirms his head. In case of successful passing a test institution not later than in five-day time from the date of passing a test grants to persons the certificate on training in the field of forced execution of judgments and decisions of other bodies (further - the certificate).

18. Institution is excluded from the List of organizations in the presence of one of the following bases:

not carrying out by institution of rates within year from the date of inclusion of organization in the List of organizations;

violation of the requirements provided by Items 4, 6 - 8, 12 these Sections;

if following the results of calendar year more than 30% of persons studying in this institution did not pass qualification examination.

The structural division of the Ministry sends the information letter on institution exception of the List of organizations to organizations and posts this information on the official website of the Ministry of Justice of Ukraine. The right of organization to repeated submission of the documents provided by Items 4, 7 these Sections arises since January 01 of the next calendar year.

19. Effective period of the certificate constitutes one year from the date of its issue.

20. Institution records the granted certificates and submits to structural division of the Ministry information on the granted certificates on training in the field of forced execution of judgments and decisions of other bodies to persons who intend to perform activities of the private contractor, in week time after their issue.

21. The structural division of the Ministry keeps the generalized account of persons which grants certificates.

The certificates granted by organizations which are not included in the List of institutions for date of its issue are considered as invalid.".

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