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

of December 14, 2009 No. 838

About approval of the Procedure for conducting office investigation concerning violation by faces of the private and the commanding structure of bodies and divisions of civil protection of office discipline

1. Approve the Procedure for conducting office investigation concerning violation by faces of the private and the commanding structure of bodies and divisions of civil protection of office discipline.

2. (Sukhomlin O. M.) in accordance with the established procedure to provide to legal support division submission of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the First Deputy Minister Antonts V. M.

Approved by the Order of the Ministry of Emergency Situations of December 14, 2009, No. 838

Procedure for conducting office investigation concerning violation by faces of the private and the commanding structure of bodies and divisions of civil protection of office discipline

I. General provisions

1.1. This Procedure determines the appointment bases, the procedure of conducting office investigation concerning faces of the private and the commanding structure of bodies and divisions of civil protection, including listeners and cadets of educational institutions of the sphere of department of the Ministry of Emergency Measures (further - face of the private and the commanding structure), the rights and obligations of officials when conducting office investigation, registration of its results and adoptions of the decision by it.

1.2. Can precede adoption by the chief of the decision on imposing on the subordinate of authority punishment for essential gross minor offense office investigation which is appointed and conducted for the purpose of clarification of all circumstances, and also refining of the reasons and conditions which led to making by faces of the private and the commanding structure of disciplinary offense, establishment of degree of its weight and the extent of the caused damage.

II. Bases for purpose of office investigation

2.1. The facts can be the bases for purpose of office investigation:

absence on service without valid excuse;

violation of the body established by the head or divisions of civil protection of daily routine;

the use of alcoholic beverages or drugs in working hours, arrival on drunk service or condition of drug intoxication;

violation of authorized rules of service;

losses of the official ID, in-house documents, forms of the strict reporting;

failure to carry out of orders and orders of chiefs that resulted in unavailability to actions to destination and to failure of accomplishment assigned to body or division of civil protection of tasks;

violation of requirements of the laws and other regulatory legal acts that led to spoil or loss of the fixed property, the machinery and equipment, other loss of property, and also did harm to health to staff of body or division of civil protection or other persons;

unauthorized excommunication of cadets (listeners) from arrangement of educational institution;

failure to carry out of individual work plans by scientific, scientific and pedagogical, teaching staff, adjoints, doctoral candidates.

2.2. Information stated in official reports, statements, claims of faces of the private and the commanding structure, government employees and employees of the Ministry of Emergency Situations, materials of checks (information obtained by results of control actions), written addresses of citizens of Ukraine, messages of law enforcement agencies, public authorities and local self-government, the companies, organizations, organizations and their officials, associations of citizens and also the informative data on the events requiring clarification of circumstances under which they occurred published by mass media can be the basis for purpose of office investigation.

2.3. Office investigation is preposted surely before dismissal of face of the private or the commanding structure from service according to the procedure of application of authority punishment for systematic failure to carry out of terms of the contract and/or on office discrepancy.

2.4. Office investigation can be appointed upon the demand of face of the private or the commanding structure for the purpose of removal groundless, in his opinion, accusations or suspicions.

2.5. For the purpose of identification of the reasons and conditions which led to making of corruption offense to non-compliance with requirements of the Law of Ukraine "About the principles of prevention and anti-corruption", on representation of specially authorized subject in the field of anti-corruption office investigation is made.

2.6. Office investigation is not appointed according to anonymous messages, statements or claims.

III. Procedure for purpose of office investigation

3.1. The decision on conducting office investigation is made by the chief who has the right to publish written orders and to impose authority punishments on the subordinate.

3.2. Office investigation is appointed by the written order of the chief.

In the order the bases for purpose of office investigation are specified, person (if it is established), concerning whom it shall be is carried out, and person to whom its carrying out is entrusted.

Conducting office investigation can be charged to the person of the commanding structure who has equal or higher special rank or holds higher position, than person concerning whom office investigation is appointed.

In case of need involvement of specialists of bodies and divisions of civil protection for conducting office investigation by the chief the commission from among faces of the commanding structure headed by the chairman can be appointed. The commission chairman designates person who has equal or higher special rank or holds higher position in comparison with her members and person concerning whom office investigation is appointed.

The structure of the commission appears in the order on purpose of office investigation.

3.3. In conducting investigation it is forbidden to recruit subordinates of that person whose disciplinary offense is subject to investigation, and also persons who can be personally interested in its results.

IV. Terms of conducting office investigation

4.1. Office investigation shall be complete within one month from the date of its appointment as the chief.

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