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It is registered

Ministry of Justice of Ukraine

July 31, 2000

No. 458/4679

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of July 31, 2000 No. 32/5

About approval of the Procedure for cancellation of the decision on state registration of the regulatory legal acts entered in the state register

(as amended on 07-04-2021)

According to Item 17 of the Regulations on state registration of regulatory legal acts of the ministries, other executive bodies, bodies of economic board and control which affect the rights freedoms and legitimate interests of citizens or have interdepartmental nature, No. 731 approved by the resolution the Cabinet of Ministers of Ukraine of December 28, 1992 (with changes), I Order:

1. Approve the Procedure for cancellation of the decision on state registration of the regulatory legal acts entered in the state register which is attached.

2. Procedure for cancellation of the decision on state registration of the regulatory legal acts entered in the state register to bring to permission of justice departments, the Authorized Representative of the President of Ukraine concerning control of activities of the Security Service of Ukraine, the ministries and other central executive bodies (according to the list), and also structural divisions of Ministry of Justice which are engaged in preparation of regulatory legal acts of the Ministry.

Item 3 is excluded according to the Order of the Ministry of Justice of Ukraine of 23.10.2019 No. 3263/5.

3. "About approval of the Procedure for cancellation of the decision on state registration of regulatory legal acts" (the state register No. 54/3347 of 29.01.99) to consider the order of the Ministry of Justice of Ukraine No. 8/5 of 29.01.99 invalid.

4. To impose control of execution of the order on the deputy minister L. M. Gorbunova.

Acting Minister

B. S. Stychinsky

Approved by the Order of the Ministry of Justice of Ukraine of July 31, 2000, No. 32/5

Procedure for cancellation of the decision on state registration of the regulatory legal acts entered in the state register

1. This Procedure is developed according to Item 17 of the Regulations on state registration of regulatory legal acts of the ministries, other executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 No. 731 (the Provision is farther).

2. This Procedure determines the procedure of cancellation of the decision on state registration of the regulatory legal acts entered in the state register of regulatory legal acts of the ministries and other executive bodies (further - cancellation of the decision on state registration), date of exception of the state register of regulatory legal acts of the ministries and other executive bodies (further - the state register) the normative legal act, the decision on which state registration is cancelled, publications of the decision on cancellation of state registration, appeal of cancellation of the decision on state registration.

3. Cancellation of the decision on state registration is applied to regulatory legal acts which underwent state registration in the Ministry of Justice of Ukraine or its territorial authorities and are, and also to the registered normative legal acts recognized by court illegal (illegal or not answering to the legal act of the highest legal force) and invalid completely or in its separate part.

4. The bases for cancellation of the decision on state registration of the regulatory legal act are:

4.1. Identification of circumstances which were not known to body of state registration during registration of the regulatory legal act.

4.2. The introduction in legal force of the judgment on recognition of the regulatory legal act illegal (illegal or not answering to the legal act of the highest legal force) and invalid completely or in its separate part.

4.3. Receipt of the message from specially authorized body of the executive authority concerning realization of the state regulatory policy about identification of any circumstance determined in part one of article 25 of the Law of Ukraine "About the principles of the state regulatory policy in the sphere of economic activity" or about cancellation of the regulatory normative legal act or its separate provisions according to article 28 of this Law.

4.4. The conclusions of the Secretariat of the Representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine, interregional managements of the Ministry of Justice of Ukraine, district, district in the cities of Kiev and Sevastopol about discrepancy of the normative legal act of the Convention on human rights protection and fundamental freedoms of 1950 and to protocols to it and practice of the European Court of Human Rights.

4.5. Identification of violations or non-compliance with requirements of the paragraph of the fourteenth Item 13, Provision Item 16 body which published the regulatory legal act.

4.6. Representation of state registration of the copy to body of the document on cancellation of the regulatory legal act accepted by the subject of rule-making only without observance of requirements of the legislation concerning documentation of management activity (in particular, rules of the normoproyektirovochny equipment).

4.7. Other circumstances which arose after state registration of the regulatory legal act.

5. Cancellation of the decision on state registration of the normative legal act performs body of state registration which performed state registration of this act.

In case of receipt in the Ministry of Justice of Ukraine of the claim to the regulatory legal act registered by territorial authority of the Ministry of Justice of Ukraine or in case of identification by the Ministry of Justice of Ukraine during check of the Ministry of Justice of Ukraine of the normative legal act registered by territorial authority which contradicts the current legislation the Ministry of Justice of Ukraine has the right to cancel the decision on state registration of such act according to the procedure established by this Procedure.

Cancellation of the decision on state registration of the regulatory legal act is performed irrespective of time of its state registration.

6. Review of the registered regulatory legal act for the purpose of cancellation of the decision on its state registration is performed by body of state registration in case of receipt of offers from executive bodies, other legal entities, citizens and on own initiative.

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