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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 28, 1992 No. 731

About approval of the Regulations on state registration of regulatory legal acts of the ministries and other executive bodies

(as amended on 11-12-2019)

Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on state registration of regulatory legal acts of the ministries, other executive bodies it (is applied).

Charge to the Ministry of Justice to make explanations on application of this provision and other acts of the legislation on state registration of regulatory legal acts.

Grant the right to the Ministry of Justice and other bodies which perform state registration of departmental regulatory legal acts, check in the ministries, other executive bodies of compliance with law about state registration of regulatory legal acts, to require in case of need submission of regulatory legal acts on state registration and make offers on elimination of the found violations and shortcomings and accountability of the officials guilty of the allowed violations.

By results of check (in case of need) to inform the Cabinet of Ministers of Ukraine, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, mass media.

In a month to report to heads of the ministries, other executive bodies body of state registration about the applied measures.

2. To the ministries, other executive bodies:

to timely represent the regulatory legal acts specified in Item 1 of this resolution on state registration;

provide permanent review of the issued regulatory legal acts for the purpose of reduction them in compliance with the Constitution and the laws of Ukraine, other acts of the legislation, the Convention on human rights protection and fundamental freedoms of 1950 and protocols to it, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and obligations of Ukraine in the sphere of the European integration and the right of the European Union (acquis of the EU), and also taking into account practice of the European Court of Human Rights;

not allow direction cases on accomplishment of regulatory legal acts which did not undergo state registration and not published in the procedure established by the legislation;

send monthly to judicial authorities for conducting check of compliance with law about state registration of regulatory legal acts lists of the acts adopted within a month, except acts of personal nature, and in case of need and upon the demand of judicial authorities - certified of the procedure for the copy of noted acts established by the legislation.

2-1. Heads of the ministries and other executive bodies bear the personal responsibility for non-compliance with requirements of this resolution.

2-2. Provide to the Kiev city public administration representation on state registration of regulatory legal acts which affect the rights freedoms and legitimate interests of citizens or have interdepartmental nature, published by it as local executive body and as executive body of the Kiev city council.

3. Due to the assignment on the Ministry of Justice and its local authorities of the functions connected with state registration of regulatory legal acts to increase the extreme number of employees of central office of the Ministry by 20 units, the extreme number of staff of justice departments of Council of Ministers of the Republic of Crimea, the regional, Kiev and Sevastopol city public administrations - by 92 units.

4. To the Ministry of Finance to provide in the draft of the government budget for 1993 assignments for content of additional number of employees of central office of the Ministry of Justice and its local authorities, and also for costs on creation and maintaining databank about regulatory legal acts of the ministries and other executive bodies.

5. This resolution becomes effective since January 1, 1993.

Prime Minister

Ukraine

 

L. Kuchma

Minister Kabineta

Ministers of Ukraine

 

A. Lobov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 No. 731

Regulations on state registration of regulatory legal acts of the ministries, other executive bodies

1. State registration of regulations of the ministries, other bodies of the state executive authority which act as subjects of rule-making is performed according to the Presidential decree of Ukraine of October 3, 1992. "About state registration of regulations of the ministries and other bodies of the state executive authority" and this Provision.

State registration of the regulatory legal act consists in conducting legal examination on compliance of its Constitution and to the legislation of Ukraine, the Convention on human rights protection and fundamental freedoms of 1950 and to protocols to it, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and to obligations of Ukraine in the sphere of the European integration and to the right of the European Union (acquis of the EU), anti-corruption examination, and also taking into account practice of the European Court of Human Rights, decision making about state registration of this act, assignment to it registration number and entering in the Unified state register of regulatory legal acts.

2. The regulations which are affecting the rights, freedoms and legitimate interests of citizens or having interdepartmental nature are subject to state registration.

3. On state registration the regulatory legal acts adopted by representatives on it subjects of rule-making in electronic move (through system of electronic interaction of executive bodies using means of the qualified digital signature or seal) or to paper form according to the procedure, determined by Ministry of Justice which contain rules of law, have not personified nature and are expected numerous application, irrespective of the term of their action (permanent or limited by certain time) and nature of data which in them are located, including with signature stamps "For office use", "Special importance", "Top Secret", is "confidential" also others, and also accepted according to the procedure of experiment.

4. Regulatory legal acts of any kind (resolutions, orders, instructions, etc.) are subject to state registration if in them there are one or more regulations, which:

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