ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of October 22, 2018 No. 3284/5

About approval of the Procedure for conducting checks of activities of bodies of the public executive service, private contractors

According to Article 12, "About the bodies and persons performing forced execution of judgments and decisions of other bodies" I ORDER to part one of article 34 of the Law of Ukraine:

1. Approve the Procedure for conducting checks of activities of bodies of the public executive service, private contractors which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of October 21, 2016 No. 3004/5 "About approval of the Procedure of control of activities of employees of bodies of the public executive service, private contractors", registered in the Ministry of Justice of Ukraine on November 7, 2016 at No. 1440/29570.

3. In areas, the cities of Kiev and Sevastopol, the Ministry of Justice of Ukraine approved by the order of April 20, 2016 No. 1183/5, registered in the Ministry of Justice of Ukraine on April 22, 2016 for No. 617/28747, to add item 4 of the Standard regulations on management of public service of the head territorial administrations of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea with the new subitem 8 of the following content:

"8) at the request of Department performs activities of private contractors;".

With respect thereto subitems 8 - 14 to consider respectively subitems 9 - 15.

4. To add Item 29 of the Regulations on the Disciplinary commission of private contractors approved by the order of the Ministry of Justice of Ukraine of November 27, 2017 No. 3791/5, registered in the Ministry of Justice of Ukraine on November 28, 2017 for No. 1442/31310, with the new offer of the following content: "Date of the publication of the order of Ministry of Justice is date of application to the private contractor of authority punishment.".

5. 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 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

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

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

Approved by the Order of the Ministry of Justice of Ukraine of October 22, 2018 , No. 3284/5

Procedure for conducting checks of activities of bodies of the public executive service, private contractors

I. General provisions

1. This Procedure determines the mechanism of implementation by the Ministry of Justice of Ukraine of checks of activities of bodies of the public executive service, private contractors, including condition of observance of the Constitution of Ukraine, the requirements of the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine accepted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, orders of the Ministry of Justice of Ukraine, orders of the Minister of Justice of Ukraine, and the organization of work on their accomplishment, observance by the state and private contractors of procedure and terms of making of executive actions, accomplishment of rules of clerical work.

2. The organization and conducting checks are assigned to 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).

3. Control of activities of employees of bodies of the public executive service is exercised by conducting complex, target and control checks.

Scheduled or unscheduled inspection during which all activities of body of the public executive service are checked and which is performed within carrying out by the Ministry of Justice Ukraine complex checks of territorial authorities of justice is considered complex check.

Scheduled or unscheduled inspection during which one or several activities of body of the public executive service are checked is considered target check.

Check of activities of body of the public executive service which is held for the purpose of determination of condition of accomplishment by body of the public executive service of the recommendations provided during the previous complex and target checks is considered control check.

In case of carrying out by the Ministry of Justice Ukraine complex check of activities of territorial authority of justice or control check by its results the structural division of the Ministry represents to structural division of the Ministry of Justice of Ukraine responsible for the organization of the corresponding checks, offers concerning structure of the working group and the plan of conducting complex or control check of activities of body of the public executive service.

Complex check of activities of body of the public executive service and control check by its results are carried out according to the procedure, the determined Procedure for carrying out by the Ministry of Justice of Ukraine for checks of activities of territorial authorities of justice approved by the order of the Ministry of Justice of Ukraine of August 8, 2011 No. 1955/5, registered in the Ministry of Justice of Ukraine on August 11, 2011 for No. 964/19702.

4. Checks of activities of the private contractor are performed by carrying out scheduled and unscheduled inspections.

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