ORDER OF THE STATE COMMITTEE OF UKRAINE ON LAND RESOURCES

of April 28, 2009 No. 205

About approval of the Instruction for registration by the state inspectors on control of use and protection of lands of Goszeminspektion and her territorial authorities of materials about administrative offenses and introduction of amendments to Goskomzem's order of 12.12.2003 No. 312

1. Approve the Instruction for registration by the state inspectors on control of use and protection of lands of Goszeminspektion and her territorial authorities of materials about administrative offenses it (is applied).

2. Declare invalid the order of the State committee of Ukraine on land resources of 18.05.2004 N 147 "About approval of the Instruction for registration by bodies of the State committee of Ukraine on land resources of materials about administrative offenses", registered in the Ministry of Justice of Ukraine 09.06.2004 for N 710/9309.

3. Ceased to be valid according to the Order of the Ministry of Agricultural Policy and Food of Ukraine of 25.02.2013 No. 132

4. The state inspectorate for control of use and protection of lands (Nechiporenko O. M.), Legal support division of Goskomzem () provide O. I. Yurets:

approval of the order of the Ministry of protection of the surrounding environment of Ukraine and the State committee of Ukraine concerning regulatory policy and entrepreneurship;

submission of the order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

6. This order becomes effective in 10 days after its official publication.

Approved by the Order of the State committee of Ukraine on land resources of April 28, 2009 No. 205

Instruction for registration by the state inspectors on control of use and protection of lands of Goszeminspektion and her territorial authorities of materials about administrative offenses

I. General provisions

1.1. This Instruction determines procedure for registration of materials in case of detection by the state inspectors of the State inspectorate for control of use and protection of lands and its territorial authorities of violations of requirements of the land legislation, their accounting, and also appeal and control of production by cases on administrative offenses.

1.2. Requirements of the Instruction are obligatory for the state inspectors on control of use and protection of lands of Goszeminspektion and her territorial authorities which according to the legislation of Ukraine are granted the right to constitute protocols on administrative offenses, to consider cases on administrative offenses and to impose administrative punishments (further - the state inspectors).

II. Execution of the protocol on administrative offense

2.1. In case of detection of violation of requirements of the land legislation for which the Code of Ukraine about administrative offenses (further - КУоАП) provides the administrative responsibility the state inspector constitutes the protocol on administrative offense (further - the protocol) (appendix 1).

2.2. The protocol is constituted in duplicate, one of which on receipt is handed to person who is brought to the administrative responsibility.

2.3. The protocol is drawn up in state language.

2.4. All details of the protocol are filled with legible handwriting. Filling of the protocol with pencil is not allowed. In case of implementation of corrections they make sure the signature of the state inspector who constituted the protocol, and faces on whom it is constituted. After the protocol is signed by person concerning whom it is constituted, it is not allowed to do deletions or corrections of data which are entered in the protocol, and also introduction of additional records.

2.5. In the protocol are specified:

date and place of its creation;

position (in strict accordance with requirements of part two of Article 238-1 КУоАП), surname, name and middle name of the state inspector who constituted the protocol (are specified completely, without reducings);

information about person who is brought to the administrative responsibility (surname, name and middle name, day, month and year of birth, the birthplace, marital status, including the number of dependents (in the presence of information), the actual place of accommodation/registration (postal address), position and place of employment or studies (full name of the legal entity and his location); if person does not work, about it the mark becomes);

place, time of making and essence of administrative offense. The essence of offense is described as it is possible more precisely according to requirements of the relevant article КУоАП based on which the protocol is constituted;

legal and other regulatory legal acts which requirements are violated and which establish responsibility for committed offense (with obligatory specifying of Articles (their parts)), Items, paragraphs and so forth;

surnames, names and middle names, place of accommodation/registration of witnesses and victims (in the presence);

explanations of person which is brought to the administrative responsibility can be stated in the protocol or on the single sheet with mark about it in the protocol. Person who is brought to the administrative responsibility has the right to provide in the protocol of explanation and the note concerning its content, and also to state motives of the refusal of its signing. In case of refusal person who is brought to the administrative responsibility from provision of explanations in the protocol or from its signing in it entry about it is surely made;

other data necessary for the solution of case (for example: data on availability of acts of inspection of the parcel of land, mark on availability of the documents and things confirming offense, the petition of person which is brought to the administrative responsibility);

if the offense causes material damage to land resources that led to losses of agricultural or forestry and landscape production, about it it is also specified in the protocol.

2.6. In the protocol the mark about explanation to person who is brought to the administrative responsibility, its rights and obligations, stipulated in Article 268 КУоАП, and also about its warning of time and the place of consideration of the case of administrative offense surely becomes. In case of refusal person who is brought to the administrative responsibility from signing of the protocol to it the registered mail with the assurance of receipt the message on consideration of the case on administrative offense surely goes (appendix 2), with indication of data on time and the place of consideration of the case.

2.7. If the state inspector in case of creation of the protocol cannot determine time and the place of consideration of the case, to person who is brought to the administrative responsibility the message on consideration of the case on administrative offenses goes.

2.8. The protocol is signed by person who is brought to the administrative responsibility, and the state inspector who constituted it, and in the presence of witnesses and the victims the protocol can be signed as well by these persons. The failure of face which is attracted to the administrative responsibility of signing of the protocol and provision of explanations does not stop proceeedings about administrative offense.

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