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Ministry of Justice of Ukraine

July 7, 2008

No. 612/15303

THE ORDER OF THE MINISTRY OF UKRAINE CONCERNING EMERGENCY SITUATIONS AND FOR PROTECTION OF THE POPULATION AGAINST CONSEQUENCES OF THE CHERNOBYL CATASTROPHIC CRASH

of June 10, 2008 No. 447

About approval of the Instruction about payment of cash cover to faces of the private and the commanding structure of bodies and divisions of civil protection

(as amended on 06-02-2012)

In pursuance of the resolution of the Cabinet of Ministers of Ukraine of November 7, 2007 N1294 "About Streamlining of Structure and Conditions of Cash Cover of the Military Personnel, Faces of the Private and the Commanding Structure" and for the purpose of determination of procedure and conditions of payment of cash cover to faces of the private and the commanding structure of bodies and divisions of civil protection of PRIKAZYVAYU:

1. Approve the Instruction about payment of cash cover to faces of the private and the commanding structure of bodies and divisions of civil protection which is applied.

2. Before streamlining of additional types of cash cover of payment of the additional types of cash cover provided by Items 4.7 - 4.11, 4.13, 4.15 and Item 6.1 (except monthly payments to faces of the private and the commanding structure of the flight and land structure of aircraft swimming to structure, and also those which perform diving works) to perform in amount up to 50 percent established according to the specified Instruction of the size.

3. To faces of the private and the commanding structure of bodies and divisions of civil protection to perform recalculation of cash cover since January 1, 2008.

4. In accordance with the established procedure to provide to department of economy and finance provision of this order on state registration in the Ministry of Justice of Ukraine.

5. I reserve control over the implementation of this order.

Minister

V. Shandra

Approved by the Order of the Ministry of Emergency Situations of June 10, 2008 No. 447

The instruction about payment of cash cover to faces of the private and the commanding structure of bodies and divisions of civil protection

I. General provisions

1.1. The instruction about payment of cash cover to faces of the private and the commanding structure of bodies and divisions of civil protection (further - the Instruction) determines procedure and conditions of payment of cash cover to the faces of the private and the commanding structure serving in bodies and divisions of civil protection of the Ministry of questions of emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash.

1.2. Cash cover of faces of the private and the commanding structure of bodies and divisions of civil protection (further - face of the private and the commanding structure) is determined depending on position, special rank, qualification, scientific degree, academic status, duration and conditions of service.

1.3. Treat cash cover of faces of the private and the commanding structure: official pay rate, salary on special rank, monthly (increase in official pay rate, the allowance, surcharge, the remunerations having permanent nature, awards) and disposable additional types of cash cover.

1.4. Cash cover is paid within the assignments determined in the estimate of governing body (division) on cash cover of staff.

Cash cover is paid to faces of the private and the commanding structure which:

hold positions (the position of faces of the private and the commanding structure provided by states) in bodies and divisions of civil protection (central office of specially authorized central executive body concerning civil protection, territorial authorities of management, Operational rescue service of civil protection, the Public air search and rescue service, governmental body of the state supervision in the sphere of civil protection, educational institutions, research and other organizations, divisions of providing specially authorized central executive body concerning civil protection) (further - governing bodies (divisions));

stay at the disposal of the corresponding chiefs of governing bodies (divisions) of the Ministry of Emergency Situations (further - the order);

study in Ministry of Emergency Situations educational institutions.

1.5. The bases for payment of cash cover are the order of the chief of governing body (division) on staff of governing bodies (divisions) about appointment to the established post entering its nomenclature, the order of the head of educational institution on transfer for study, the order on transfer in the order of the corresponding chief of governing body (division) and establishment of the corresponding salaries, allowances, surcharges and so forth.

Drafts of the specified orders on staff of governing bodies (divisions) prepare divisions of staffing and agree with the relevant financial and legal divisions.

1.6. Cash cover is paid to faces of the private and the commanding structure in the place of their permanent service.

Payment of cash cover not in the place of permanent service is performed to the faces of the private and the commanding structure staying in Ministry of Emergency Situations educational institutions at training sessions and on rates of retraining, enhancement and advanced training of personnel.

In case of the direction of faces of the private and the commanding structure on training sessions and on rates of retraining, enhancement and advanced training of personnel for a period of up to three months payment of cash cover is performed every month in the place of permanent service.

1.7. Payment to faces of the private and the commanding structure of cash cover is performed once for current month during the period from 20 to 25 numbers.

In the same time cash cover on recalculations in connection with assignment of the next special rank, appointment to other position, change of the size of percentage length-of-service allowance and so forth is paid.

Payment of cash cover of earlier fixed term is allowed only in cases:

disposals of faces of the private and the commanding structure in leaves or movements on service - for the current and next months, but not earlier than three days before disposal in leave or to the new duty station, disregarding output and holidays;

disposals of faces of the private and the commanding structure in official journeys - for current month if they on the date of payment of cash cover for current month cannot arrive to the duty station, but not earlier than a day before disposal to business trip, disregarding output and holidays.

When translating on service connected with moving to other settlement including in case of disposal in educational institutions, with dismissal, cash cover on previous the duty station is paid for the day of arrival to the new duty station specified in the instruction of the corresponding chief.

Issue of advance payments on account of cash cover is not allowed.

1.9. In case of payment of cash cover for incomplete month the amount of payment for each calendar day of stay on service is determined by separation of the amount of the cash cover which is due for complete month on the number of calendar days in month for which payment is performed.

If during the period for which cash cover is paid by the rules stated in this Item, the face of the private or the commanding structure acquires the right to primary or next length-of-service allowance, and also other additional types of cash cover, then in time from the date of emergence of this right cash cover is paid taking into account the mentioned changes.

1.10. The cash cover paid by the rules and regulations operating at the time of payment is not subject to return if the right to it fully or partially is lost further by faces of the private and the commanding structure.

The paid cash cover is pulled together based on the order of the chief of governing body (division) only if person received cash cover in connection with the translation on service (Item 1.8 of the Instruction), and the translation did not take place.

1.11. To faces of the commanding structure which are engaged in pedagogical work on the terms of hourly pay payment is performed on effective rates within allowed volumes of pedagogical work.

1.12. Cash cover is not paid to faces of the private and the commanding structure during their stay in child care leave. The maternity leave is paid according to the current legislation.

1.13. The cash cover which is due to face of the private and the commanding structure and timely not paid to it or paid in smaller, than properly the size, is paid (surcharge of difference is performed) for the entire period during which the face of the private and the commanding structure had the right to it, but it is no more than in three years preceding the request for receipt of cash cover.

1.14. Statements and claims of faces of the private and the commanding structure of rather cash cover are registered and considered in the procedure established by the current legislation of Ukraine.

1.15. To the faces of the private and the commanding structure affiliated in the procedure established by the legislation in public authorities, local government bodies and other organizations (further - state bodies, organizations and the organizations) with leaving on service, cash cover is paid in state bodies in sizes and procedure which are established by the legislation of Ukraine, at the expense of means of state bodies, organizations and the organizations to which they are attached.

For the period execution by faces of the private and the commanding structure of powers of the People's Deputy of Ukraine or deputy powers on the corresponding elective offices on permanent basis cash cover is not paid.

If face of the private and the commanding structure about day of disposal on governing body (division) did not receive the cash cover belonging to them for current month, then governing bodies (divisions) pay them cash cover about day of prikomandirovyvaniye (business trip) in state body inclusive taking into account time necessary for journey to the new duty station determined in the order of the chief of governing body (division) where person served.

1.16. Explanations are provided to subordinate governing bodies (divisions) of the Ministry of Emergency Situations concerning cash cover of faces of the private and the commanding structure by Department of economy and finance according to the current legislation of Ukraine.

II. Official pay rates of faces of the private and the commanding structure

2.1. Official pay rates are paid to faces of the private and the commanding structure on posts in the sizes provided in staff (staff list) of governing body (division).

To the faces of the private and the commanding structure appointed to positions on which official pay rates from minimum to maximum are established the specific sizes of official pay rates are established or change (increase or decrease) within the specified sizes the order of the chief of governing body (division) (the chief of governing body (division) - the order of his immediate superior) depending on complexity, amount, work experience and the relation to execution of service duties.

At the same time to the faces of the private and the commanding structure receiving on earlier posts salaries in the sizes provided in limits of salaries from minimum to maximum appointed on of the same name or equal (with identical salaries) or the highest positions, official pay rates on new positions are established in accordance with general practice, but it is at least salaries which were paid to them on the previous positions.

2.2. In case of appointment of persons of the private and the commanding structure to positions salaries on these positions are paid from the date from which they started fulfillment of duties on position, but not earlier than day of signing of the order on appointment.

Appointment is performed by orders on staff which are issued by officials who by the Minister of the Ministry of Emergency Situations are granted the right of purpose of persons of the private and the commanding structure to positions. Date when the face of the private and the commanding structure started fulfillment of duties on position, is specified in the order of the chief of governing body (division).

To faces of the ordinary and younger commanding structure from the date of assignment of special rank of persons of average, the senior and highest commanding structure, including after the termination of educational institutions external, except salaries on special ranks of persons of average, the senior and highest commanding structure, are paid:

to persons who on the date of assignment of special rank hold positions of average, the senior and highest commanding structure, the official pay rates established on these positions for faces of average, the senior and highest commanding structure;

to persons who on the date of assignment of special ranks of average, the senior and highest commanding structure hold positions of the ordinary and younger commanding structure, - the minimum official pay rate provided on primary position of the average commanding structure - "inspector", and from the date of crime to fulfillment of duties on position of average, the senior and highest commanding structure, but not earlier than day of signing of the order on appointment, - salary on this position (taking into account Items 9. 2, 12.1-12.3 and 12.6 these Instructions).

If before receipt of the order on assignment of special rank of average, the senior and highest commanding structure cash cover is paid to face of the private and the commanding structure for current month, then for the period from the date of assignment of rank the corresponding difference in cash cover is paid.

2.4. Behind faces of the private and the commanding structure from among the faces referred to the first or second category, which were injured owing to the Chernobyl catastrophic crash, and from among participants of recovery from the accident on the Chernobyl NPP - and the faces referred to the third category, appointed in connection with staff reduction or holding organizational actions to positions with smaller official pay rates on new position official pay rates on the previous position according to the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" remain within one year.

III. Salaries on special rank

3.1. Salaries on the special ranks of the private and the commanding structure which are personally given by it are paid to the faces of the private and the commanding structure holding established posts in governing bodies (divisions).

Payment of salaries for special ranks of the private and the commanding structure is performed from the date of signing of the order on assignment of the corresponding special rank.

3.2. To faces of the private and the commanding structure, dismissed from service on age, for health reasons or in connection with staff reduction or holding organizational actions without pension entitlement, along with payment of the one-time help payment of salary for special rank within one year from the date of release according to the procedure, determined by the Section XVII of this Instruction remains.

IV. Allowances and surcharges

4.1. Payment of length-of-service allowance

4.1.1. The percentage length-of-service allowance to official pay rates and salaries on personally given special ranks in sizes is paid to faces of the private and the commanding structure:

------------------------------------------------------------------
|от 1 до 2 лет             |           - 5 процентов;            |
|--------------------------+-------------------------------------|
|от 2 до 5 лет             |           - 10 процентов;           |
|--------------------------+-------------------------------------|
|от 5 до 10 лет            |           - 20 процентов;           |
|--------------------------+-------------------------------------|
|от 10 до 15 лет           |           - 25 процентов;           |
|--------------------------+-------------------------------------|
|от 15 до 20 лет           |           - 30 процентов;           |
|--------------------------+-------------------------------------|
|от 20 до 25 лет           |           - 35 процентов;           |
|--------------------------+-------------------------------------|
|25 лет и больше           |           - 40 процентов.           |
------------------------------------------------------------------

4.1.2. To length of service to faces of the private and the commanding structure for payment of length-of-service allowance to them the periods are enlisted in calendar calculation:

military service;

services in law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police, the Public criminal and executive service of Ukraine on positions of the commanding and ordinary structure from the date of appointment to the corresponding position;

works (service) in public authorities, local government bodies or bodies created by them, at the companies, in organizations, the organizations and in higher educational institutions with leaving on military service, service in law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine;

execution of deputy powers with leaving on military service, service in law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine;

stay under guards and term of imprisonment in places of detention by the military personnel, the faces of the private and the commanding structure brought to trial is groundless victims of political repression and subsequently rehabilitated;

works in judicial authorities and bodies of prosecutor's office of persons which were working at positions of judges, prosecutors, investigators and being in the military service or service in bodies and military forming of the Security Service of Ukraine, service in law-enforcement bodies, tax police or the Public criminal and executive service of Ukraine on positions of the officer and commanding structure;

military service in the armed forces, law-enforcement bodies, the state security agencies of the USSR, the State Parties of the Commonwealth of Independent States and other military forming created by legislature of these states, the Joint Armed Forces of the Commonwealth of Independent States. The length of service (including on favorable terms) in this case is estimated according to the procedure, the USSR established by the legislation, the State Parties of the Commonwealth of Independent States in the territory of which the military personnel, face of the private and the commanding structure passed military service, service in law-enforcement bodies, the state security agencies if another is not established by the corresponding international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine;

stay on positions of the professional (not militarized) fire protection, the positions further transferred to category serving in divisions which are replaced with the private and the commanding structure according to the list of positions and on conditions which are determined by the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash.

4.1.3. The periods are enlisted in length of service to faces of the private and the commanding structure for payment of length-of-service allowance to them in preferential calculation:

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