ORDER OF PUBLIC SERVICE OF EXPORT CONTROL OF UKRAINE

of January 26, 2010 No. 8

About approval of Rules of hearing of cases about violation by legal entities of requirements of the legislation of the state export control

1. Approve Rules of hearing of cases about violation by legal entities of requirements of the legislation of the state export control which are attached.

2. To the deputy head of department - the head of department of development of regulations and ensuring activities in the international modes of export control of international legal management Lazarenko Yu. G. provide provision of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. To the chief of general department of administrative management Tereshchenko A. B. bring the order to Goseksportkontrol's employees.

4. Declare invalid the order of Public service of export control of Ukraine of 10.02.2004 No. 38 "About approval of Rules of hearing of cases about violation by legal entities of requirements of the legislation of the state export control", registered in the Ministry of Justice of Ukraine 19.02.2004 for No. 211/8810.

5. To impose control over the implementation of this order on the vice-chairman Goseksportkontrol Reshetilov I. V. according to functional obligations.

6. The order becomes effective from the date of its official publication.

Approved by Goseksportkontrol's Order of January 26, 2010 No. 8

Rules of hearing of cases about violation by legal entities of requirements of the legislation of the state export control

1. General provisions

1.1. Rules of hearing of cases about violation by legal entities of requirements of the legislation of the state export control (further - Rules) are developed according to the Law of Ukraine "About the state control of the international transfers of military goods and double use" (further - the Law), the Regulations on Public service of export control of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 13.06.2007 N 830.

1.2. These rules determine procedure for consideration by Public service of export control of Ukraine for cases on violation by subjects of implementation of the international transfers of goods - legal entities (further - the legal entity) requirements of the legislation in the field of the state export control.

1.3. Production task on cases on violation by legal entities of requirements of the legislation in the field of the state export control (further - case) is timely, complete and objective clarification of circumstances of each case, permission it according to the current legislation, ensuring accomplishment of the passed decision, identification of the reasons and conditions promoting making of violations by legal entities of requirements of the legislation in the field of the state export control (further - violation), and also prevention of violations.

1.4. Goseksportkontrol officials within the powers shall take in each case of identification of signs of violation all necessary measures for factual determination of violation and its documentary fixing, and also timely apply stipulated by the legislation sanctions.

1.5. The responsible division of Goseksportkontrol performing law enforcement functions in these rules determines department of law enforcement.

1.6. Operating units in these rules determine department, management, Goseksportkontrol's department which perform functions on the corresponding activity in the field of the state export control.

1.7. Preparation of cases for consideration is performed by authorized officers of responsible division of Goseksportkontrol (further - person is authorized) with involvement of officials of operating unit.

The decision on imposing of penalties is made by Goseksportkontrol's Chairman, the first deputy or Goseksportkontrol vice-chairman (further - the head) according to distribution of obligations or the order of the Chairman Goseksportkontrol within ten days from the date of receipt of the materials necessary for permission of case.

1.8. The head shall take by hearing of cases all stipulated by the legislation measures for comprehensive, complete and objective investigation of the facts of the case.

1.9. In case of identification of signs of violations of the current legislation which consideration is not within Goseksportkontrol's competence the authorized person in accordance with the established procedure informs on it state bodies within which competence this type of violation is.

1.10. The legal entity can be made responsible within six months from the date of violation identification, but not later than in year from the date of violation by this subject of the requirements established by the Law.

1.11. If violation is made owing to collateral actions of several legal entities, then the cases concerning these persons are submitted at the request of the head to one authorized person for their simultaneous preparation for joint consideration.

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