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The document ceased to be valid since  October 30, 2015 according to Item 2 of the Order of the Ministry of infrastructure of Ukraine of  September 3, 2015 No. 347

IT IS REGISTERED

in the Ministry of Justice of Ukraine

December 7, 2010.

No. 1224/18519

ORDER OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF UKRAINE

of November 15, 2010 No. 822

About approval of the Instruction for registration of materials about administrative offenses

According to the Law of Ukraine of 18.05.2010 "About introduction of amendments to the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way" the Code of Ukraine about administrative pravonarusheniyakh for the purpose of compliance with law in case of registration of materials about administrative offenses I ORDER:

1. Approve the Instruction for registration of materials about administrative offenses which is attached.

2. Public administration of communication:

2.1. Submit this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

2.2. Provide placement of this order on the website of Mintranssvyaz.

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

4. To impose control over the implementation of this order on the deputy minister - the head of Public administration of communication of Krasnokutsky S. V.

 

Minister K. Efimenko

Approved by the Order of the Ministry of Transport and Communications of Ukraine of November 15, 2010 No. 822

Instruction for registration of materials about administrative offenses

I. General provisions

1.1. This Instruction developed based on Article and Item of 1 part two of article of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" (further - the Law), articles of the Code of Ukraine about administrative offenses (further - the Code), establishes procedure for creation by the officials of the Ministry of Transport and Communications of Ukraine and provision authorized on that to bodies, authorized to consider cases on administrative offenses, protocols and materials about the administrative offenses provided by articles 166-9 and 188-34 of the Code.

1.2. Protocols on the administrative offenses provided by articles 166-9 and 188-34 of the Code are constituted by the officials of Mintranssvyaz authorized on that (further authorized officers) if these violations in character do not involve criminal liability according to the law.

1.3. If the offense is made by several persons, then the protocol on administrative offense is constituted on each person separately. In case of making by one person of several separate administrative offenses protocols are constituted concerning each of committed offenses.

1.4. Authorized officers constitute protocols on administrative offenses for assumption of the following violations of requirements of the legislation in the field of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing:

violation of requirements concerning identification and studying of financial activities of person performing financial transaction;

failure to provide, untimely provision or provision of unreliable information about the financial transactions which are subject to financial monitoring, Mintranssvyaz;

failure to provide, untimely provision of the additional information, concerning the financial transactions which became object of financial monitoring on the Mintranssvyaz request;

violation of the requirements concerning document storage concerning identification and studying of financial activities of persons performing financial transactions, and the financial operations performed by them;

not message of Mintranssvyaz on stop of carrying out financial transaction if her participant or the beneficiary is person included in the list of faces tied with implementation of terrorist activities or concerning which the international sanctions are applied;

failure to carry out of legal requirements of officials of Mintranssvyaz concerning elimination of violations of the law concerning prevention and counteraction of legalization (washing) of income gained in the criminal way, either to financing of terrorism or creation of obstacles for accomplishment of the obligations assigned to them;

disclosure in any type of information which according to the Law is subject to exchange between subject of primary financial monitoring and Mintranssvyaz, or the fact of its provision (obtaining) by person to which this information became known in connection with its professional or office activity;

failure to provide, untimely provision or provision of the unreliable information connected with the analysis of the financial transactions which became object of financial monitoring, references and copies of documents (including that which are bank or trade secret), on the Mintranssvyaz request.

1.5. Protocols on administrative offenses are constituted relatively:

officials of subjects of primary financial monitoring (paragraphs two - the seventh Item 1.4 of this Section);

persons who illegally divulged in any type information which according to the Law is subject to exchange between the subject of primary financial monitoring and Mintranssvyaz, or the fact of its provision (obtaining) and to which this information became known in connection with professional or office activity (the paragraph of the eighth of Item 1.4 of this Section);

officials, heads of the companies, organizations and the organizations which are not subjects of primary financial monitoring (the paragraph the ninth Item 1.4 of this Section).

1.6. Treat officials of subjects of primary financial monitoring concerning whom protocols on administrative offenses are constituted:

the head of the subject of primary financial monitoring, his deputy or other person fulfilling duties of the head of the subject of primary financial monitoring;

the head of separate division of the subject of primary financial monitoring, his deputy or other person fulfilling duties of the head of the isolated subsection of the subject of primary financial monitoring;

the authorized person responsible for carrying out financial monitoring at the subject of primary financial monitoring, or person fulfilling its duties;

the authorized person responsible for carrying out financial monitoring in separate division of the subject of primary financial monitoring, or person fulfilling its duties.

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