ORDER OF ADMINISTRATION OF THE STATE BORDER SERVICE OF UKRAINE

of August 8, 2011 No. 572

About replacement in the State Border Service of Ukraine of separate military positions civilians

According to part three of Article 6 of Chapter I and Item 3 of Chapter XII of the Law of Ukraine "About conscription and military service" and Item 133 of the Regulations on passing by citizens of Ukraine of military service in the State Border Service of Ukraine approved by the Presidential decree of Ukraine of 29.12.2009 No. 1115, I ORDER:

1. Approve the Procedure for replacement in peace time of separate military positions in the State Border Service of Ukraine as civilians on the terms of the terminal employment contract it (is applied).

2. Approve the List of military positions of the State Border Service of Ukraine which in peace time can be replaced by civilians on the terms of the terminal employment contract it (is applied).

3. The terminal employment contracts signed with civilians according to requirements of part three of Article 6 of Chapter I and Item 3 of Chapter XII of the Law of Ukraine "About conscription and military service" to the introduction in action of this Procedure continue to be effective before the termination of term for which they were imprisoned.

4. To submit to management of personnel together with legal support division of International legal department the order on state registration to the Ministry of Justice of Ukraine.

5. To impose control over the implementation of the order on management of personnel of Administration of the State Border Service of Ukraine.

6. Bring the order to permission of staff of the State Border Service of Ukraine in part which concerns it.

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

Approved by the Order of Administration of the State Border Service of Ukraine of August 8, 2011, No. 572

Procedure for replacement in peace time of separate military positions in the State Border Service of Ukraine civilians on the terms of the terminal employment contract

I. General questions

1.1. This Procedure determines the legal and organizational principles of replacement in peace time of separate military positions in the State Border Service of Ukraine with civilians on the terms of the terminal employment contract.

1.2. In bodies of the State Border Service of Ukraine (further - bodies of State frontier service) in peace time separate military positions which are included in the List of military positions of the State Border Service of Ukraine which in peace time can be replaced by civilians on the terms of the terminal employment contract (further - the List), including the positions staffed by the female military personnel for their maternity leaves, and also the positions staffed by the military personnel for their child care leaves can be replaced with civilians.

1.3. To position only the worker having related specialty which answers code of the Qualifier of professions (the recreation center 003:2010) approved by the order of the State committee of Ukraine concerning technical regulation and consumer policy of 28.07.2010 No. 327, specified in the List can be accepted.

1.4. Regulation of employment relationships of the workers appointed to positions which replace military positions according to the List is performed according to the current legislation.

II. Officials, representatives to sign the employment contract

2.1. Replacement of military positions with civilians is performed on the terms of the terminal employment contract which is signed with the worker the chief of body of State frontier service in whose staff there is position which is subject to replacement.

2.2. If there is need to appoint the worker to military position which according to the nomenclature of positions of appointment of the military personnel is carried to competence of the senior chief that acceptance of the worker to this position is performed by the chief of body of State frontier service only after receipt of the written permission of the corresponding senior chief.

2.3. If such position is subject to replacement based on the held competition, tender on its replacement can be announced by body of State frontier service in which staff there is such position, only after coordination and receipt of the written permission of the chief to which nomenclature of positions of appointment of the military personnel such position is carried.

III. Features of the conclusion of the terminal employment contract

3.1. For the purpose of possibility of distribution and timely appointment to military positions of graduates of military educational institutions, and also implementation of the movements of the military personnel connected with it for advance release of primary officer positions the first terminal employment contract with civilians who are accepted to officers positions consists till April 15 of the year coming behind in what he was imprisoned. With these workers the chief of body of State frontier service a month before the termination of term of the current agreement signs every year the new terminal agreement valid through April 15 of the next year.

3.2. In case of acceptance of workers to positions which are staffed by the female military personnel for their maternity leaves, and also the positions staffed by the military personnel for their child care leaves effective period of the terminal employment contract with these workers is determined before return of the military personnel who holds these positions, from maternity leaves or child care leaves.

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