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Ministry of Justice of Ukraine 

 September 25, 2013

No. 1652/24184

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of September 3, 2013 No. 1065

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

According to Articles 166 - 10, 188 - 38 and 254 Codes of Ukraine about administrative offenses, article 5 of the Law of Ukraine "About authorization system in the field of economic activity" and for the purpose of ensuring compliance with Public service of Ukraine by authorized officers concerning regulatory policy and development of entrepreneurship and the state administrators of the legislation in case of registration of materials about administrative offenses by them ORDER:

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

 2. Recognize to invalid:

the order of the State committee of Ukraine concerning regulatory policy and entrepreneurship of April 05, 2007 No. 44 "About approval of the Procedure for registration of materials about administrative offenses for violation of procedure for issue of the document of allowing nature", registered in the Ministry of Justice of Ukraine on April 20, 2007 for No. 397/13664;

the order of the State committee of Ukraine concerning regulatory policy and entrepreneurship of November 17, 2008 No. 144 "About approval of Changes to the order of the State committee of Ukraine concerning regulatory policy and entrepreneurship of 05.04.2007 No. 44" About approval of the Procedure for registration of materials about administrative offenses for violation of requirements of article 166-10 of the Code of Ukraine about administrative offenses", registered in the Ministry of Justice of Ukraine on December 9, 2008 at No. 1176/15867.

3. Department of the state regulatory policy and development of entrepreneurship in accordance with the established procedure this order on state registration in the Ministry of Justice of Ukraine.

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

5. To impose control over the implementation of this order on the First Deputy Minister of Economic Development and Trade of Ukraine Maksyuta A. A.

 Minister of Economic Development and Trade of Ukraine        

I. M. Prasolov

 

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of September 3, 2013 No. 1065

Instruction for registration of materials about administrative offenses

I. General provisions

1.1. This Instruction developed according to Articles 166 - 10, 188 - 38 and 254 Codes of Ukraine about administrative offenses (further - КУоАП), article 5 of the Law of Ukraine "About authorization system in the field of economic activity" also establishes procedure for creation of protocols on administrative offenses for violation of requirements of the legislation concerning issue of documents of allowing nature and failure to carry out of instructions of officials of specially authorized body concerning authorization system in the field of economic activity (further - the protocol), responsibility for what it is provided by Articles 166 - 10 and 188 - 38   КУоАП , registration, storage of materials about administrative offenses and procedure for their accounting by authorized persons of Public service of Ukraine concerning regulatory policy and development of entrepreneurship (further - the State Committee of Ukraine on Regulatory Policy and Entrepreneurship) and the state administrators.

1.2. Creation of protocols, registration and storage of materials about the administrative offenses provided by Articles 166 - 10 and 188 - 38   КУоАП , and conducting their accounting perform authorized officers of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship (further - authorized officers).

Creation of protocols, registration and storage of materials about administrative offenses, stipulated in Article 166 - 10 КУоАП (regarding violation of decision making terms by local allowing body about issue of the document of allowing nature), and conducting their accounting is performed by the state administrators compliance with article 5 of the Law of Ukraine "About authorization system in the field of economic activity".

1.3. Protocols are constituted on:

officials of allowing body - the authorized officer or the state administrator;

the state administrator - the authorized officer.

1.4. In case of the solution of question of creation of the protocol concerning the official of allowing body, the state administrator (further - officials) are identified:

availability in actions of the official of structure of offense;

or it was brought the official to the administrative responsibility for the violations provided by Article 166 part one - 10 КУоАП , within year;

the circumstances excluding the administrative responsibility.

1.5. Authorized officers and the state administrators, constitute protocols, responsible for:

correctness of creation of protocols, registration and storage of materials about administrative offenses and procedure for their accounting;

concealment of the facts of violations of procedure for issue of documents of allowing nature by officials.

1.6. If the offense is made by several persons, 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 on each of committed offenses.

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