ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of July 25, 2013 No. 1494/5

About approval of the Procedure for carrying out by the Public executive service of Ukraine of checks of activities of structural divisions of territorial authorities of the Ministry of Justice of Ukraine which provide realization of powers of the Public executive service of Ukraine

According to Item 6 parts two of article 18 of the Law of Ukraine "About the central executive bodies", the subitem 3 of Item 11 of the Regulations on the Ministry of Justice of Ukraine approved by the Presidential decree of Ukraine of April 06, 2011 No. 395, the subitem 1 of Item 5 of the Regulations on the Public executive service of Ukraine approved by the Presidential decree of Ukraine of April 06, 2011 No. 385, for the purpose of ensuring proper control of activities of structural divisions of territorial authorities of the Ministry of Justice of Ukraine which provide realization of powers of the Public executive service of Ukraine and increase in efficiency of holding control actions by the Public executive service of Ukraine ORDER:

1. Approve the Procedure for carrying out by the Public executive service of Ukraine for checks of activities of structural divisions of territorial authorities of the Ministry of Justice of Ukraine which provide realization of powers of the Public executive service of Ukraine which is applied.

2. To department of interaction with authorities (N.O.'s Bull-trouts) to submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).

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 Chairman of the Public executive service of Ukraine Mironyuk I. V. and directors of the department of interaction with authorities of the Ministry of Justice of Ukraine of Bull-trouts N. O.

Approved by the Order of the Ministry of Justice of Ukraine of July 25, 2013, No. 1494/5

Procedure for carrying out by the Public executive service of Ukraine for checks of activities of structural divisions of territorial authorities of the Ministry of Justice of Ukraine which provide realization of powers of the Public executive service of Ukraine

I. General provisions

1. This Procedure determines the mechanism of implementation by the Public executive service of Ukraine (further - GIS of Ukraine) checks of activities of structural divisions of territorial authorities of the Ministry of Justice of Ukraine which provide realization of powers of GIS of Ukraine (territorial structural subdivisions are farther), including condition of observance of the Constitution of Ukraine, requirements of the laws of Ukraine, acts and orders of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, orders of the Prime Minister of Ukraine, orders of the Ministry of Justice of Ukraine, orders of the Minister of Justice of Ukraine, orders GIS of Ukraine, orders of the Chairman of GIS of Ukraine and the organization of work on their accomplishment.

2. In this Procedure terms are used in such values:

complex check - scheduled or unscheduled inspection during which all activities of territorial structural subdivision are checked;

control check - check of condition of activities of territorial structural subdivision for the purpose of check of accomplishment of the recommendations provided during the previous checks;

scheduled inspection - complex, target, control check of activities of territorial structural subdivisions which is carried out based on the plan which affirms the Chairman of GIS of Ukraine;

unscheduled inspection - check of activities of territorial structural subdivision which is not in the plan of checks of GIS of Ukraine;

target check - scheduled or unscheduled inspection during which one or several activities of territorial structural subdivision are checked.

3. Complex inspection of activities of territorial structural subdivision is carried out time in three years.

Control and target activities of territorial structural subdivision are performed in case of need.

Unscheduled inspections can be carried out at the request of the Chairman of GIS of Ukraine in the presence of one of such bases:

establishments of the facts which are the basis for conducting office investigation concerning heads of the relevant territorial structural subdivisions;

detection of unauthenticity of information in the documents filed by territorial structural subdivision;

the reasonable appeal of physical persons and legal entities about violation of requirements of normative instructions of acts of the legislation by territorial structural subdivision;

not giving at the scheduled time territorial structural subdivision of the reporting;

systematic violation by officials of territorial structural subdivision of performing discipline;

lack of information on elimination of the violations established by results of checks;

at the request of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine.

II. Organization of conducting checks

1. The organization of conducting checks is assigned:

complex - on the structural division of GIS of Ukraine responsible for the organization of checks;

target and control - on structural divisions of GIS of Ukraine within their competence according to the purpose and tasks of check.

2. For conducting checks of GIS of Ukraine the working group in which structure, except employees of structural divisions of GIS of Ukraine, employees of territorial structural subdivisions can be attracted is formed.

In structure of the working group for conducting check employees of structural divisions of GIS of Ukraine, and also employees of territorial structural subdivisions are not attracted if such attraction leads to emergence of conflict of interest at these officials.

In case of conflict of interest during conducting check the workgroup member instantly in writing reports to the head of working group, and in case of its otsutstviyazamestitel of the head of working group about availability of conflict of interest.

In that case the head of working group or in case of its absence the deputy manager of working group takes measures concerning elimination of conflict of interest, in particular charges to such workgroup member to perform other tasks determined by the verification plan.

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