It is registered
in the Ministry of Justice of Ukraine
August 28, 2006.
of August 4, 2006 No. 636
About approval of the Instruction for registration of materials about administrative offenses in the field of protection of cultural heritage
According to Articles 254, 255 Codes of Ukraine about administrative offenses and for the purpose of observance by officials of bodies of protection of cultural heritage, public inspectors of the Ukrainian society of protection of historical and cultural monuments of the legislation of Ukraine in case of registration of materials about administrative offenses, within the powers determined by the Regulations on the Ministry of Culture and tourism of Ukraine approved by the Presidential decree of Ukraine of 02.12.2005 of N 1688, ORDER:
1. Approve the Instruction for registration of materials about administrative offenses in the field of protection of cultural heritage which is applied.
2. (Kucheruk M. M.) to provide to public service of protection of cultural heritage provision of the order on state registration in the Ministry of Justice of Ukraine and to bring this order to permission of Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, the Ukrainian society of protection of historical and cultural monuments.
3. To impose control over the implementation of the order on the chairman of Public service concerning national cultural heritage M. M. Kucheruk.
Approved by the Order of the Ministry of Culture and tourism of Ukraine of August 4, 2006 No. 636
This Instruction is developed according to Articles 254, 255 Codes of Ukraine about administrative offenses (further - КУоАП) and determines the procedure of creation and accounting of protocols on making of administrative offense in the field of protection of cultural heritage, registration of cases on administrative offenses, transfer to their body, authorized to consider such cases, and accounting of results of hearing of cases about administrative offenses.
2.1. When making by citizens or officials of administrative offense, stipulated in Article 92 КУоАП, the officials of bodies of protection of cultural heritage and public inspectors of the Ukrainian society of protection of historical and cultural monuments authorized on that (further - the authorized person) according to Articles 254-256 КУоАП constitute the protocol on administrative offense (further - the protocol) according to appendix 1 to this Instruction.
2.2. All details of the protocol are filled with legible handwriting in Ukrainian.
If the citizens of other nationality constituting the majority of the population of the specified administrative and territorial units, settlements do not know in proper amount national language or if within these administrative and territorial units, settlements several nationalities, any of which does not represent the majority of the population of this area, compactly live, in case of creation of the protocol Ukrainian or language acceptable for all population can be used.
2.3. Filling of the protocol with pencil and introduction of additional records is not allowed after the protocol is signed by person concerning whom it is constituted. In case of identification mistakes are made the correction on condition of the record "Corrected to Trust" and the authorized signature which constituted the protocol and person who made offense. In the corresponding columns which are not filled in in case of creation of the protocol the crossed out section is put down.
2.4. If the offense is made by several persons, then the protocol on administrative offense is constituted on each person separately.
2.5. In the protocol the complete name of body of protection of cultural heritage or the Ukrainian society of protection of historical and cultural monuments (further - UOOPIK) shall be specified which authorized person constituted the protocol, its position, surname, name and middle name.
The name of the settlement where the protocol, and also number, month and year of its creation is constituted is specified.
In case of statement of circumstances of offense the place, number, month, year are specified, in case of opportunity - time of its making, offense essence what illegal actions or divergence were made by person, the regulation providing responsibility for this offense, the circumstances mitigating or burdening the administrative responsibility if they take place.
In the Section of information about person who made offense it is specified:
- surname, name and middle name, number, month and year of birth, and also birthplace;
- the place residence for the period of making of offense, phone number;
- place of employment, position and date of position assignment; if person does not work, then about it the mark becomes;
- series, passport number, date of issue and the name of law-enforcement body, it issued or series, number of other document certifying (office or pension certificates, the student ID card and so forth), date of issue and the name of the company, organization, organization which issued it.
2.6. Its rights and obligations, stipulated in Article 268 КУоАП are explained to person who is brought to the administrative responsibility about what the mark in the protocol becomes.
Person who is brought to the administrative responsibility has the right:
get acquainted with case papers, offer explanations, bring evidence, declare petitions;
when considering the case to use legal aid of the lawyer, other specialist in the field of the right who under the law has the right to provision of legal assistance personally or by proxy the legal entity, to act in the native language and to use translation service if does not know language which conducts production;
appeal the resolution on case.
Case on administrative offense is considered in the presence of person who is brought to the administrative responsibility. During lack of this face case can be considered only when there are data on its timely notice on the place and time of consideration of the case and if from it the petition for delaying of consideration of the case did not arrive.
Person who is brought to the administrative responsibility according to article 63 of the Constitution of Ukraine does not bear responsibility for refusal to give evidences or explanations concerning itself, members of the family or close relatives.
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