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Ministry of Justice of Ukraine

July 10, 2008

No. 630/15321

THE DECISION OF THE NATIONAL COMMISSION CONCERNING REGULATION OF COMMUNICATION OF UKRAINE

of June 10, 2008 No. 1065

About approval of the Instruction about order of interaction of the State inspection of communication, the Ukrainian state center of radio frequencies and law-enforcement bodies of Ukraine concerning prevention, identification and the termination of violations the legislation in the communications industry

According to Articles 15, 16 Laws of Ukraine "About radio-frequency resource of Ukraine" radio-frequency resource of Ukraine" for the purpose of prevention, identification and the termination of violations of the law in the communications industry, the National commission on questions of regulation of communication of Ukraine RESHILA:

1. Approve the Instruction about order of interaction of the State inspection of communication, the Ukrainian state center of radio frequencies and law-enforcement bodies of Ukraine, concerning prevention, identification and the termination of violations of the law in the communications industry which is applied.

2. Charge to the chief of the State inspection of communication Krivenko S. I. in the procedure established by the legislation to submit this decision on state registration to the Ministry of Justice of Ukraine.

 

Chairman
S. Kolobov

Approved by the Decision of the National commission on questions of regulation of communication of Ukraine of June 10, 2008 No. 1065 the Order of the Ministry of Internal Affairs of Ukraine of June 10, 2008 No. 283

The instruction about order of interaction of the State inspection of communication, the Ukrainian state center of radio frequencies and law-enforcement bodies of Ukraine concerning prevention, identification and the termination of violations of the law in the communications industry

1. General provisions

1.1. This Instruction determines order of interaction of the State inspection of communication (further - GIS), the Ukrainian state center of radio frequencies, its branches (further - UGTsR) and bodies and divisions of the Ministry of Internal Affairs of Ukraine (dalsheovd), when holding actions for identification and withdrawal of radio-electronic means and radiating circuits (further - RES and IU) which are imported on the territory of Ukraine, are implemented, established and operated without proper allowing documents, and also implementation of joint actions for questions of observance of the current legislation in the communications industry.

1.2. The purpose of interaction is prevention, identification and the termination of violations of the law in the communications industry according to the powers determined by the legislation of Ukraine.

2. Interaction forms

2.1. Interaction of divisions of GIS, UGTsR and Department of Internal Affairs branches is performed on the principles of legality and independence, mutual assistance, independence in actions, non-interference to the sphere of competence of each other in the way:

2.1.1. Creations of the joint coordination commissions and task forces on control concerning prevention, identifications and disclosures of violations of the law in the communications industry (further - task forces).

2.1.2. Mutual information exchange about the found facts of violation of the law in the communications industry in accordance with the established procedure and within powers of GIS, UGTsR and Department of Internal Affairs.

2.1.3. Planning and holding joint planned and unplanned actions for prevention, identification and the termination of violations of the law in the communications industry.

2.1.4. Warnings, identifications and the terminations of offenses in the communications industry within the powers determined by the legislation.

2.1.5. Implementation of the analysis of influence of results of joint actions on quantity of offenses in the communications industry.

2.1.6. Implementation in accordance with the established procedure the state supervision of observance of the current legislation in the field of use of radio-frequency resource of Ukraine.

3. Order of interaction

3.1. Representatives of divisions of GIS, UGTsR and Department of Internal Affairs branches are part of the coordination commissions in equal quantity.

3.2. Heads the commission:

in regions where structural divisions of GIS, the head of this division are located;

in other regions - according to the decision of members of the coordination commission the representative of Department of Internal Affairs or GIS.

3.3. The coordination commissions the structure of task forces which directly hold planned and unplanned joint events for prevention of violations of the law in the communications industry affirms.

3.4. Unplanned joint actions are performed at the initiative of the concerned party (GIS, UGTsR, Department of Internal Affairs). The initiator of holding unplanned joint actions shall provide the bases for their carrying out.

3.5. Coordination and approval of holding joint actions from Department of Internal Affairs is assigned to employees of divisions of communication. Representatives of other services of Department of Internal Affairs are attracted responsible for interaction of the specialist directly when holding joint actions from number of persons employed territorial by Department of Internal Affairs in coordination with their heads.

3.6. The amount and procedure for mutual information exchange about availability of radio interferences, the found facts of violation of the law in the communications industry are determined by specialists, responsible for interaction, directly in regions in the procedure established by the legislation and within powers of GIS, UGTsR and Department of Internal Affairs.

3.7. Joint actions perform task forces which part representatives of divisions of GIS, UGTsR and Department of Internal Affairs branches are.

4. Basic functions of members of the coordination commissions

4.1. Representatives of GIS:

4.1.1. Head the coordination commissions in regions where structural divisions of GIS are located.

4.1.2. According to the decision of members of the coordination commission head the coordination commissions in other regions.

4.1.3. Provide the analysis of the acquired information concerning the found violations, prepare materials for conducting check and execution of necessary certificates.

4.1.4. Take part in work of the coordination commissions and task forces. At the level of the coordination commissions make offers concerning enhancement of work of task forces.

4.1.5. Constitute the protocol on making of administrative offense according to article 146 of the Code of Ukraine about administrative offenses.

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