ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of April 10, 2019 No. 182

About approval of the Instruction for registration of materials about administrative offenses by the central executive body realizing state policy in the field of safety and separate indicators of quality of foodstuff, veterinary medicine

According to Articles 238, 255 Codes of Ukraine about administrative offenses, to Item 8 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 No. 1119 (with changes), ORDER:

1. Approve the Instruction for registration of materials about administrative offenses by the central executive body realizing state policy in the field of safety and separate indicators of quality of foodstuff, veterinary medicine which is applied.

2. Declare invalid the order of the State committee of veterinary medicine of Ukraine of September 18, 2009 No. 343 "About approval of the Instruction for registration of veterinary medicine by state bodies, divisions of veterinary militia on holding quarantine veterinary actions of materials about administrative offenses", registered in the Ministry of Justice of Ukraine on January 13, 2010 for No. 15/17310.

3. To provide to management of safety and quality of food products submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

5. I reserve control of execution of this order.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of April 10, 2019 No. 182

The instruction for registration of materials about administrative offenses by the central executive body realizing state policy in the field of safety and separate indicators of quality of foodstuff, veterinary medicine

I. General provisions

1. This Instruction determines procedure for registration of materials about administrative offenses by the officials of the central executive body realizing state policy in the field of safety and separate indicators of quality of foodstuff, veterinary medicine authorized on that (further - competent authority), and its territorial authorities, accounting and hearing of cases about administrative offenses, appeals of resolutions and control of production by cases on administrative offenses.

2. Requirements of this Instruction are obligatory for execution by officials of competent authority and its territorial authorities which according to the legislation of Ukraine are granted the right to constitute protocols on administrative offenses, to consider cases on administrative offenses and to impose the administrative punishments provided by Articles 42-1, 42-2, 107 - 107-2, 166-22, 188-22-22, 238 Codes of Ukraine about administrative offenses (further - КУоАП).

3. In this Instruction terms are used in the values given in КУоАП, the Laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About veterinary medicine".

II. Creation of the protocol on administrative offense

1. In case of identification of violation of the law in the field of safety and separate indicators of quality of foodstuff, veterinary medicine for which КУоАП the administrative responsibility is provided the official of competent authority or its territorial authority no later than twenty four hours from the moment of identification of person who made offense constitutes the protocol on administrative offense (further - the protocol) (appendix 1).

2. The protocol is constituted on the special form produced by typographical method, in duplicate signed by the official of competent authority or its territorial authority who constituted it and person brought to the administrative responsibility. In the presence of witnesses and the victims the protocol can be signed as well by these persons. The first copy of the protocol under list hand to person brought to the administrative responsibility, the second - it is stored in competent authority or its territorial authority.

3. All details of the protocol fill with printing method or by hand legible handwriting, ink of black or blue color, in state language. Corrections in the protocol certify signatures the official of the competent authority or its territorial authority which constituted the protocol and person brought to the administrative responsibility. Deletions or corrections of records which are entered in the protocol, and also introduction of additional records after signing of the protocol by person brought to the administrative responsibility are not allowed.

4. In the protocol are specified:

date and place of its creation;

position, surname, name, middle name of the official of the competent authority or its territorial authority which constituted the protocol (are specified completely, without reducings);

information about person brought to the administrative responsibility (surname, name, middle name, date, the birthplace, nationality, the actual place of accommodation/registration, number of the means of communication, position, place of employment and/or studies (full name of the legal entity and his location)); the mark becomes if person does not work; the name, series and document number, proving the identity, brought to the administrative responsibility, the body which issued the document, date of issue (in the presence);

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