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Ministry of Justice of Ukraine 

 October 9, 2013

No. 1729/24261

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of September 18, 2013 No. 898

About approval of the Instruction for registration by officials of the State Border Service of Ukraine of materials of cases on administrative offenses

(The last edition from 21-12-2018)

According to Articles 222-1, 255, of Item 2 parts two of Article 262, of Article part two 263, of part one of article 264 of the Code of Ukraine about administrative offenses , Item 5 parts one of Article 19, of Item 13 parts one of article 20 of the Law of Ukraine "About the State Border Service of Ukraine", article 35 of the Law of Ukraine "About frontier of Ukraine" and for the purpose of ensuring proper accomplishment of the legislation by officials of the State Border Service of Ukraine when implementing production on cases on administrative offenses ORDER:

1. Approve the Instruction for registration by officials of the State Border Service of Ukraine of materials of cases on administrative offenses which is attached.

2. No. 167 "About implementation in the State Border Service of Ukraine production on cases on the administrative offenses provided by Articles 85, 121-1, 185-10, 191, of 195, of 202, of 203, of 204, 204(1), 205, of 206, 206-1, 207 Codes of Ukraine about administrative offenses" (with changes) to repeal the order of Administration of the State Border Service of Ukraine of March 2, 2006.

3. To management of interaction with the central executive bodies and bodies of military management (the Cherkassk R. A.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

5. I reserve control over the implementation of this order.

Minister general of internal service of Ukraine        

V.Yu.Zakharchenko

Approved by the Order of the Ministry of Internal Affairs of Ukraine of September 18, 2013 No. 898

Instruction for registration by officials of the State Border Service of Ukraine of materials of cases on administrative offenses

I. General provisions

1. This Instruction is developed according to the Code of Ukraine about administrative offenses (further - КУоАП), the Laws of Ukraine "About frontier of Ukraine", "About the State Border Service of Ukraine", "About responsibility of carriers during implementation of the international passenger traffic", "About exclusive (sea) economic zone" and "About ensuring sanitary and epidemic wellbeing of the population".

2. This Instruction determines procedure for registration, consideration and material accounting of cases on administrative offenses, counteraction to which according to Article 222-1, to Item of 1 part one and Item 16 parts two of Article 255 КУоАП is carried to competence of the State Border Service of Ukraine (further - State frontier service), and also features of production on cases on offenses, the stipulated in Article 1 Law of Ukraine "About responsibility of carriers during implementation of the international passenger traffic".

Put the bases, procedure for registration and accounting about the offenses provided by Articles 22 - 26 Laws of Ukraine "About exclusive (sea) economic zone", are determined by the Regulations on use of customs groups of Sea protection of the State Border Service of Ukraine during survey of the Ukrainian and foreign not public vessels approved by the order of Administration of the State Border Service of Ukraine of May 22, 2012 No. 360, registered in the Ministry of Justice of Ukraine on June 18, 2012 for No. 993/21305. Cases on offense, the stipulated in Article 25 Laws of Ukraine "About exclusive (sea) economic zone", are considered according to the procedure, provided by the Section IV of this Instruction.

The procedure for registration, consideration and accounting by authorized officers of State frontier service of materials of cases on the administrative offenses connected with violation of sanitary standards is determined by the Instruction about procedure for imposing and collection of penalties for violation of the sanitary legislation approved by the order of the Ministry of Health of Ukraine of April 14, 1995 No. 64, registered in the Ministry of Justice of Ukraine on August 10, 1995 for No. 291/827.

II. Authorized officers of State frontier service

1. Bring persons who made administrative offenses, counteraction by which legislation it is carried to competence of State frontier service, in divisions or bodies of State frontier service all staff of State frontier service is authorized.

2. Constitute protocols on administrative offenses and protocols on administrative detentions for making of offenses, counteraction to which according to Article 222-1, to Item of 1 part one and Item 16 parts two of Article 255 КУоАП it is carried to competence of State frontier service, have the right:

military personnel and employees of State frontier service during direct accomplishment of the tasks determined by the legislation of Ukraine by them;

military personnel of State frontier service who is attracted and are directly involved in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, being directly in areas and during implementation of the specified actions.

3. On behalf of State frontier service to consider cases on the administrative offenses provided by part one of Article 222-1 КУоАП and have the right to impose administrative punishments:

chiefs of bodies of protection of frontier, commanders of groups of sea protection and their deputies;

chiefs of departments of the border service and their first deputies;

commandants of operational and fighting boundary commandant's offices and their first deputies;

chiefs of divisions (departments (groups) of inspectors of the border service, departments (groups) of local police inspectors of the border service, departments of special actions on water) and commanders of the ships, motor boats and divisions which directly carry out tasks on protection of frontier or the sovereign rights of Ukraine in its exclusive (sea) economic zone or are attracted and are directly involved in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, being directly in areas and during implementation of the specified actions;

seniors of changes of border duties, seniors of border duties at check points (control Items) through frontier or checkpoints of entrance departure.

4. Constitute protocols on offenses, the stipulated in Article 1 Law of Ukraine "About responsibility of carriers during implementation of the international passenger traffic" (further - the offenses connected with the international passenger traffic), officials of relevant organs of protection of frontier who perform functions on implementation of border control have the right, - seniors of border duties at check points (control Items) through frontier of Ukraine.

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