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Ministry of Justice of Ukraine

September 26, 2013 

No. 1660/24192

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 25, 2013 No. 2013/5

About approval of the Instruction for registration of materials about administrative offenses for violation of the law about National Archive Fund and archival organizations

1. Approve the Instruction for registration of materials about administrative offenses for violation of the law about National Archive Fund and archival organizations which is attached.

2. To department of interaction with authorities (Paly N. O.) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

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

4. To impose control over the implementation of this order on the Chairman of the Public archive agency of Ukraine Ginzburg O. P.

Minister

E. Lukash

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

The instruction for registration of materials about administrative offenses for violation of the law about National Archive Fund and archival organizations

I. General provisions

1. This Instruction is developed according to Articles 92-1, 186-7, 221, 254-257 Codes of Ukraine about administrative offenses, the subitem 41 of Item 4 of the Regulations on the Public archive agency of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 407.

This Instruction establishes the mechanism of creation by authorized officers Ukrgosarkhiva, the public archival institutions and archives departments of city councils and the direction to bodies, authorized to consider cases on administrative offenses, protocols and materials about the administrative offenses provided by articles 92-1, 186-7 of the Code of Ukraine about administrative offenses.

2. Protocols on the administrative offenses provided by articles 92-1, 186-7 of the Code of Ukraine about administrative offenses are constituted by the officials authorized on that by Ukrgosarkhiv, the public archival institutions and archives departments of city councils (further - authorized officers).

3. Authorized officers constitute protocols on administrative offenses for violation of the law about National Archive Fund and archival organizations - negligent custody, spoil, illegal destruction, concealment, illegal transfer of archive documents to other person, violation of procedure concerning access to the specified documents, and also not message to the public archival institution on the available archive documents in case of threat of destruction or considerable deterioration in their condition, nondelivery or violation of delivery date of the obligatory complimentary copy of audio-, visual, audiovisual products.

4. Protocols on administrative offenses are constituted concerning heads and employees of archival organizations, users by archive documents, other persons guilty of violation of the law about National Archive Fund and archival organizations. In case of committing by person of several separate administrative offenses protocols are constituted concerning each of committed offenses.

II. Registration of materials about administrative offense

1. The protocol on administrative offense (appendix 1) for the violations provided by articles 92-1, 186-7 of the Code of Ukraine about administrative offenses is constituted by the authorized officer by results of the inspections which are carried out by this official.

Besides, the protocol on administrative offense is constituted by the authorized officer of the public archival institution, archives department of city council concerning users archive documents, including documents of National Archive Fund, for spoil of documents in the reading room. In the specified case the protocol on administrative offense is constituted directly upon making of offense.

2. The protocol on administrative offense is constituted in Ukrainian. Deletion or correction of data which are entered in the protocol, and also introduction of additional records is not allowed after the protocol is signed by person concerning whom it is constituted.

3. In the protocol on administrative offense in case of its creation the article of the Code of Ukraine about administrative offenses according to which the administrative responsibility for violation making is provided surely is specified.

4. In case of statement of circumstances of offense in the protocol the place and time of its making, offense essence what illegal actions or divergence were made by person concerning whom the protocol on administrative offense and what provisions of the legislation are broken by it is constituted are specified.

5. If there are witnesses of offense, their surnames, names and middle names, and also addresses of the places of residence are entered in minutes.

6. The authorized officer shall acquaint person concerning whom the protocol on administrative offense, according to article 63 of the Constitution of Ukraine with its rights and obligations, stipulated in Article 268 Codes of Ukraine about administrative offenses is constituted, about what the mark in the protocol becomes. About awareness with above-mentioned person concerning whom the protocol on administrative offense is constituted appends the signature in the protocol, and in case of refusal to append the signature about it the corresponding entry in the protocol which makes sure the signature of the authorized officer is made.

7. Person concerning whom the protocol on administrative offense is constituted, is offered to provide written explanation and the note in fact of committed offense which are entered in minutes and make sure the signature of the specified person. Explanations and notes can be applied to the protocol separately about what entry in this protocol is made.

In case of refusal person concerning whom the protocol on administrative offense is constituted from provision of explanations and notes in fact of committed offense the authorized officer makes in it the corresponding record which makes sure its signature.

8. The protocol is signed by the authorized officer and person concerning whom the protocol on administrative offense is constituted, and also can be signed by witnesses and the victims in case of their availability.

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