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PRESIDENTIAL DECREE OF UKRAINE

of June 29, 1999 No. 767/99

About order of registration of regulatory legal acts of the Security Service of Ukraine concerning counterintelligence, operational and detective activities and activities in the sphere of protection of the state secret

(as amended on on March 3, 2008)

For the purpose of determination of bases of registration of regulatory legal acts of the Security Service of Ukraine concerning counterintelligence, operational and detective activities and activities in the sphere of protection of the state secret I decide:

1. Approve Regulations on order of registration of regulatory legal acts of the Security Service of Ukraine concerning counterintelligence, operational and detective activities and activities in the sphere of protection of the state secret it (is applied).

2. The Security Service of Ukraine provide provision in accordance with the established procedure to the Representative of the President of Ukraine for control of activities of the Security Service of Ukraine of regulatory legal acts for counterintelligence, operational and detective activities and activities in the sphere of protection of the state secret which are subject to state registration and to bring in a month earlier the issued acts on these questions into compliance with the Constitution and the legislation of Ukraine.

3. To provide to the Ministry of Justice of Ukraine state registration of acts of the Security Service of Ukraine on noted questions and their inclusions in the Unified state register of regulatory legal acts according to the Provision approved by this Decree.

 

President of Ukraine L. Kuchma

Approved by the Presidential decree of Ukraine of June 29, 1999 No. 767/99

Regulations on order of registration of regulatory legal acts of the Security Service of Ukraine concerning counterintelligence, operational and detective activities and activities in the sphere of protection of the state secret

1. This Provision determines order of registration the Representative of the President of Ukraine for control of activities of the Security Service of Ukraine (further - the Representative) regulatory legal acts (orders, orders, instructions, provisions, instructions) concerning counterintelligence, operational and detective activities and activities in the sphere of protection of the state secret which are published by the Security Service of Ukraine and affect the rights, freedoms and legitimate interests of man and citizen or have interdepartmental nature.

2. Regulatory legal acts irrespective of nature and degree of privacy of data are subject to registration that contain in them, including with signature stamp "For office use".

3. The original of the regulatory legal act not later than for the fifth day after acceptance by the Chairman of the Security Service of Ukraine or his deputy goes to the Representative marked on envelope "Personally". Texts of regulatory legal acts which were used during its development, and acts which void, and to what it is made a reference in it are attached to the original in control condition.

4. The representative considers and registers the regulatory legal act within 10 days. In case of requirement (need of conducting examination or consultations with specialists and so forth) this term can be prolonged no more than for 10 days.

5. If during consideration it turns out that the regulatory legal act does not meet the requirements of the legislation, the Representative returns it with notes and offers in the Security Service of Ukraine.

The modifed regulatory legal act can be repeatedly submitted on registration with indication of in accompanying leaf of not considered notes and offers and motives of their variation.

6. Registration it can be refused if the regulatory legal act does not answer the Constitution and the legislation of Ukraine, it is not approved with the order, this Security Service of Ukraine, or it it is not approved with the interested bodies if such coordination is obligatory.

About refusal in registration of the act and the reason of the made decision it is reported in the Security Service of Ukraine. At the same time the act and the materials attached to it return.

7. The regulatory legal act which answers the Constitution and the legislation of Ukraine is registered the Representative in the special magazine (appendix N 1).

8. For state registration of the regulatory legal act and inclusion in the Unified state register of regulatory legal acts (further - the State register) the Representative not later than the following after registration of day reports it in the Ministry of Justice of Ukraine about type of the registered act, its number and date of the edition, restrictive signature stamp, registration number and registration date.

9. The Ministry of Justice of Ukraine within five days brings normative - the legal act in the State register and reports to the Representative about registration date and number of the act for the State register.

The regulatory legal act becomes effective in 10 days after its inclusion in the State register.

10. After receipt of the message on state registration of the act Representative on the original of the act makes text on the established sample (appendix N 2) and returns it together with other materials in the Security Service of Ukraine.

11. In case of the official reference to the regulatory legal act registered according to the procedure, determined by this Provision, number and date of its registration by the Representative and date of state registration and number according to the State register are specified.

12. If to the act of the legislation according to which the regulatory legal act is published and registered in the procedure determined by this Provision changes, additions are made or it declared invalid the Security Service of Ukraine shall make in the act issued by it corresponding changes, amendments in a month or to declare it invalid.

Changes and amendments in the act are subject to registration according to the procedure, established by this Provision.

In case of non-compliance with requirements of paragraph one of this Item Representative cancels the decision on registration of the act.

13. About cancellation of the decision on registration of the regulatory legal act Representative constitutes the conclusion in which specifies the reasons of its cancellation and immediately reports about it in the Security Service of Ukraine.

The regulatory legal act concerning which the decision on registration cancellation is made is subject to immediate cancellation by the relevant act of the Security Service of Ukraine.

The decision on cancellation of registration of the regulatory legal act is introduced in register of decisions on cancellation (appendix N 3), and on the original of the act which is sent by the Security Service of Ukraine to the Representative, is made text on the sample determined in the appendix N 4.

14. The regulatory legal act, the decision on which registration is abolished, is removed the Representative from registration in the special magazine and on its provision is excluded from the State register in the Ministry of Justice of Ukraine.

 

 

Head of administration

President of Ukraine M. BILOBLOTSKY

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