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It is registered

Ministry of Justice of Ukraine 

 September 26, 2013

No. 1657/24189

ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of September 6, 2013 No. 534

About approval of the Procedure for registration by the Chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, their deputies and the state phytosanitary inspectors of materials about administrative offenses

(as amended on 08-02-2021)

According to the Code of Ukraine about administrative offenses, "About quarantine of plants" and "About protection of plants" I ORDER to the Laws of Ukraine:

1. Approve the Procedure for registration by the Chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, as their deputies and the state phytosanitary inspectors of materials about administrative offenses which is applied.

2. To department of agriculture (Demidov A. A.) provide this order on state registration to the Ministry of Justice of Ukraine.

3. Recognize invalid:

the order of the Ministry of agrarian policy of Ukraine of November 19, 2007 No. 812 "About introduction of amendments to Minagropolitiki's order of 11.08.2005 No. 375", registered in the Ministry of Justice of Ukraine on December 12, 2007 for No. 1367/14634;

the order of the Ministry of agrarian policy of Ukraine of December 11, 2009 No. 883 "About approval of the Procedure for registration by the Main state inspectorate of protection of plants and the state inspections of protection of plants of the Autonomous Republic of Crimea, areas, regions of materials about administrative offenses", registered in the Ministry of Justice of Ukraine on January 12, 2010 for No. 12/17307.

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

5. To impose control over the implementation of the order on the deputy minister Davydenko V. M.

Minister

M. V. Prisyazhnyuk

 

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of September 6, 2013 No. 534

Procedure for registration by the Chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, their deputies and the state phytosanitary inspectors of materials about administrative offenses

I. General provisions

1.1. This Procedure developed according to the Code of Ukraine about administrative offenses (further - КУоАП), the Laws of Ukraine "About quarantine of plants""About protection of plants", determines the procedure of creation of protocols on administrative offenses for the violations provided by Articles 83-1, 105, of 106, 188-12, 188-26  КУоАП, hearings of cases about such administrative offenses and record keeping on these cases.

1.2. Consider cases on administrative offenses and impose administrative punishments, namely: violation of the law about protection of plants (Article 83-1 КУоАП ), violation of requirements for accomplishment of phytosanitary measures (Article 105 КУоАП), import to Ukraine, export from Ukraine, transit through its territory, export from quarantine zones or import of subjects to regulation in them which did not undergo phytosanitary control (Article 106 КУоАП), failure to carry out of legal requirements of officials of specially authorized bodies of the executive authority in the field of protection of plants (Article 188-12 КУоАП), failure to carry out of legal requirements of the Chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors, the state phytosanitary inspectors (Article 188-26 КУоАП) have the right: The chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, their deputies, the state phytosanitary inspectors.

II. Execution of protocols on administrative offenses

2.1. About making of administrative offenses the Chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, their deputies, the state phytosanitary inspectors constitute the protocol on administrative offense (further - the protocol) in the form given in appendix 1 to this Procedure in paper and (if technically possible) to electronic form.

In case of making of administrative offense by several persons the protocol is constituted on each person separately. In case of making by one person of several administrative offenses protocols are constituted separately on each of committed offenses.

2.2. In the protocol on administrative offense are specified: date and the place of its creation, position, surname, name, middle name of person which constituted the protocol, the information about person who is brought to the administrative responsibility (surname, name, middle name; year of birth, residence; series, number, date of issue of the identity document, and body which issued it), the place, time of making and essence of administrative offense; the regulatory legal act providing responsibility for this offense, surnames, names, middle names, residences of witnesses and victims if they are available; explanation of person brought to the administrative responsibility, other data necessary for permission of case. If the offense causes material damage, about it it is also specified in the protocol.

Person brought to the administrative responsibility has the right to give explanations and notes on contents of the protocol, and also to state motives of the refusal of its signing. Such explanations and notes are applied to the protocol about what in it the corresponding record with indication of the number of sheets on which these explanations and notes are furnished is made.

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