of February 22, 2006 No. 3460-IV
About the Disciplinary charter of law-enforcement bodies of Ukraine
1. Approve the Disciplinary charter of law-enforcement bodies of Ukraine it (is applied).
2. Declare invalid the Decree of Presidium of the Supreme Council of the Ukrainian SSR of July 29, 1991 "About the Disciplinary charter of law-enforcement bodies of the Ukrainian SSR" (Sheets of the Verkhovna Rada of Ukraine, 1991, No. 45, the Art. 599).
President of Ukraine
Approved by the Law of Ukraine of February 22, 2006, No. 3460-IV
This Charter determines essence of office discipline, obligation of faces of the private and the commanding structure of law-enforcement bodies of Ukraine (further - face of the private and the commanding structure) by its observance, types of encouragement and authority punishments, procedure and the rights of chiefs on their application, and also procedure for appeal of authority punishments.
Operation of this Charter extends to police officers and faces of the private and the commanding structure of the State bureau of investigations which shall observe its requirements steadily.
Office discipline - observance by faces of the private and the commanding structure of the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders and other regulatory legal acts of the Ministry of Internal Affairs of Ukraine subordinated to it bodies and divisions and the Oath of the employee of law-enforcement bodies of Ukraine.
The office discipline in law-enforcement bodies is reached:
creation of proper conditions of service by faces of the private and the commanding structure;
acquisition of high level of professionalism;
ensuring publicity and objectivity when evaluating results of office activities;
respecting the rule of law and authorized procedure;
daily insistence of chiefs to subordinates, permanent care of them, manifestation of respect for their personal advantage;
education at faces of the private and the commanding structure of high moral and business qualities;
ensuring social justice and high level of social legal protection;
skillful combination and correct application of measures of belief, coercion, disciplinary and public influence;
proper accomplishment of terms of the contract about service.
Minor offense - failure to carry out or inadequate accomplishment by face of the private or the commanding structure of office discipline.
The chief - person of the commanding structure having the right to make orders and orders, to apply encouragement and to impose authority punishments or to initiate the petition for it before the senior direct chief.
Chiefs to whom face of the private and the commanding structure are subordinated on service at least temporarily if it it is announced by the order, are considered as straight lines.
The direct chief, closest to the subordinate, is his immediate superior.
Face of the private and the commanding structure, the holding equal positions and not subordinates each other on service, can be senior or younger that is determined according to special rank.
In case of joint execution of service duties faces of the private and the commanding structure, not subordinates each other on service, the person determined by the chief or holding the highest position is considered senior. In case of equal positions the chief is the senior on special rank.
In case of temporary fulfillment of duties if it it is announced by the order, the chief uses the disciplinary power provided by position which he holds temporarily.
Chiefs within the powers conferred to them can issue orders which are obligatory for accomplishment.
The order is form of realization of office powers of the person of the commanding structure according to which the purpose and subject of task, term of its accomplishment and the responsible person who should execute it are determined.
Orders can be given as in oral, and in writing.
In case of receipt of the order from the senior direct chief the subordinate shall execute it and report about it to the immediate superior.
Has the right to repeal the order only the chief, the published relevant order, or the senior direct chief.
Orders shall be legal, clear and be carried out implicitly, precisely and in certain time.
In case of receipt of the order contradicting the law, the subordinate shall not carry out it what shall inform immediately the chief who gave the order on, and in case of confirmation of it prikazapismenno to inform the senior direct chief.
Return and accomplishment of the order contradicting the law or failure to carry out of the lawful order attracts the responsibility provided by this Charter and other legal acts.
Bear disciplinary responsibility according to this Charter for making of minor offenses of face of the private and the commanding structure.
Person of the private and the commanding structure which in the procedure established by the legislation are involved to administrative criminal or financial responsibility, at the same time can bear also disciplinary responsibility according to this Charter.
Face of the private and the commanding structure do not bear disciplinary responsibility if the damage is caused by lawful actions as a result of fair accomplishment of the order of the chief or the office risk justified under specific conditions.
Accounting of the encouragement and authority punishments applied to faces of the private and the commanding structure conduct divisions on work with personnel of law-enforcement bodies based on the relevant orders.
Data on the encouragement and authority punishments applied to faces of the private and the commanding structure, are entered in personal records of these persons with indication of the following data in a month:
1) who when and on what basis applied encouragement or imposed authority punishment;
2) number and date of the order on encouragement or imposing of authority punishment, mark about acquaintance with the order and information on whether the order on imposing of authority punishment was appealed (and in case of appeal - what decision is made whom and when);
3) number and date of the order on removal of authority punishment or mark about the expiration of its action.
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