ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of April 12, 2005 No. 34/5

About enhancement of procedure for state registration of regulatory legal acts in the Ministry of Justice of Ukraine and cancellation of the decision on state registration of regulatory legal acts

According to the Regulations on the Ministry of Justice of Ukraine approved by the Decree the President of Ukraine of 30.12.1997 No. 1396 (with changes), and Regulations on state registration of regulatory legal acts of the ministries, other executive bodies, bodies of economic board and control which touch the rights freedoms and legitimate interests of citizens or have interdepartmental nature, the approved resolution of the Cabinet of Ministers of Ukraine of 28.12.1992 No. 731 (with changes), PRIKAZYVAYU:

1. Approve the Procedure for provision of regulatory legal acts on state registration in the Ministry of Justice of Ukraine and carrying out their state registration which is applied.

2. Approve Changes in the Procedure for cancellation of the decision on state registration of the regulatory legal acts entered in the state register approved by the order of the Ministry of Justice of Ukraine of 31.07.2000 No. 32/5 and registered in Ministry of Justice of Ukraine 31.07.2000 for No. 458/4679 (with changes) which are attached.

3. Recognize such which ceased to be valid, the Procedure for carrying out state registration of regulatory legal acts in the Ministry of Justice of Ukraine and their inclusion in the Unified state register of regulatory legal acts approved by the order of the Ministry of Justice of Ukraine of 25.11.2002 No. 102/5, registered in Ministry of Justice of Ukraine 25.11.2002 for No. 915/7203.

4. To provide to department of state registration of regulations (Butrimenko V. V.) state registration of this order in the procedure established by the legislation.

5. To interregional managements of the Ministry of Justice of Ukraine to develop and approve procedure for submission of regulatory legal acts on state registration in the relevant interregional managements of the Ministry of Justice of Ukraine and carrying out their state registration.

6. To impose control over the implementation of this order on the deputy minister L. M. Gorbunova.

Approved by the Order of the Ministry of Justice of Ukraine of April 12, 2005, No. 34/5

Procedure for provision of regulatory legal acts on state registration in the Ministry of Justice of Ukraine and carrying out their state registration

I. General provisions

1.1. This Procedure No. 493 "About state registration of normative legal acts of the ministries and other executive bodies" (with changes), of June 27, 1996 No. 468 "About the Unified state register of regulations", of December 13, 1996 No. 1207 "About publication of acts of the legislation of Ukraine in the newsletter "The Official Bulletin of Ukraine", the subitem 8 of item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, 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 (with changes) (further - the Provision), and Procedure for maintaining the Unified state register of regulatory legal acts and uses of it is developed according to Presidential decrees of Ukraine of October 03, 1992, the approved resolution of the Cabinet of Ministers of Ukraine of April 23, 2001 No. 376 (with changes).

1.2. This Procedure determines the procedure of preparation and provision in the Ministry of Justice of Ukraine of regulatory legal acts of the ministries, other central executive bodies, and also other bodies which acts according to the legislation are subject to state registration, and the single mechanism of their consideration and state registration in the Ministry of Justice of Ukraine.

1.3. 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 (further - the Convention), to international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and acquis communautaire of 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 normative legal acts (further - the Unified state register).

1.4. In this Procedure terms are used in such values:

loss of force of the regulatory legal act (its separate provisions) - the termination in the procedure for application of the regulatory legal act (its separate provisions) registered in the Ministry of Justice of Ukraine established by the legislation;

the instruction - the act which is in details determining content and technique of legal regulation in certain sphere of the public relations;

the order, the order, the resolution, the decision (further - the administrative document), - the act of organizational and administrative nature or normativnopravovy content which is issued by the subject of rule-making in the course of implementation of executive activities by it for the purpose of accomplishment assigned to it tasks and implementation of functions according to the provided competence on the main activities, administrative or personnel problems accepted (published) based on the Constitution and other acts of the legislation of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and directed to their realization, the direction of regulation of the public relations in the spheres of public administration carried to its maintaining;

the regulatory legal act - the official document accepted by the representative on it the subject of rule-making in the form determined by the law and procedure, establishing rules of law for the uncertain group of people and expected numerous application;

provision - the act which summary rules of law determine the organization of activities of executive bodies, other public authorities, the companies, organizations and the organizations, and also their officials and other persons in certain fields of activity;

procedure - the act establishing the mechanism of realization of the rights and obligations of physical persons and legal entities, the procedure of application of the regulatory legal act and condition of implementation of certain activities;

rules - the act concretizing rules of law of general nature for the purpose of regulation of behavior of subjects of legal relationship in certain areas of the legislation and resolving points of order;

cancellation of the regulatory legal act - recognition in the procedure established by the legislation invalid from the moment of adoption of the regulatory legal act which is not registered in the Ministry of Justice of Ukraine which was subject to state registration;

the equipment of normoproyektirovaniye - system of means, methods and acceptances of preparation of regulatory legal acts.

II. Procedure for preparation of the regulatory legal acts which are subject to state registration in the Ministry of Justice of Ukraine

2.1. According to requirements of the normoproyektirovochny equipment the normative legal act:

it shall be developed taking into account its industry accessory, correspond on regulation amount to the subject of legal regulation determined in it;

shall not contain repetition of the rules of law containing in other normative legal acts;

shall not duplicate the provisions, identical on content, containing in the text of this regulatory legal act;

shall be clear, accurate, clear, compressed and consecutive;

shall not contain contradictory rules of law;

shall not include the provisions relating to the same subject of legal regulation;

shall be internally approved, have logically constructed structure.

2.2. In case of development of the regulatory legal act it is necessary to proceed from need of legal regulation of management activity of the subject of rule-making, one of forms of realization of which is the edition of administrative documents which type (the order, the resolution, the order, the decision) is determined by the laws and provisions.

2.3. The administrative document shall contain details and the title, and also such structural components:

narrative recitals (preamble);

administrative part:

the normative case (provisions concerning the sphere of legal regulation (if necessary); general and special rules of law; methods of implementation of rules of law);

correlative changes (if necessary);

promulgation form (if necessary);

regulations on entry into force;

appendices (if necessary).

2.4. The administrative document is produced on the form and shall contain details, obligatory for its certain type, which are placed in accordance with the established procedure, namely: the name of the subject of rule-making, the name of document type, date, registration index of the document, the place of the edition, the title to the text, the text, the signature.

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