It is registered
Ministry of Justice of Ukraine
October 11, 2013
of August 14, 2013 No. 347
About approval of the Instruction for registration by Public service of geology and subsoil of Ukraine of materials about administrative offenses and imposing of administrative punishments
According to Articles 239, 255 Codes of Ukraine about administrative offenses, the subitem 20 of item 4 of the Regulations on Public service of geology and subsoil of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 391, and for the purpose of ensuring compliance with the legislation in case of registration of materials about administrative offenses ORDER:
1. Approve the Instruction for registration by Public service of geology and subsoil of Ukraine of materials about administrative offenses and imposing of administrative punishments which is attached.
2. To public service of geology and subsoil of Ukraine (Dudinov V. A.) provide submission of this order on state registration in the Ministry of Justice of Ukraine.
3. To impose control over the implementation of this order on the Chairman of Public service of geology and subsoil of Ukraine Dudinov V. A.
A. A. Proskuryakov
Approved by the Order of the Ministry of Ecology and Natural Resources of Ukraine of August 14, 2013 No. 347
1.1. This Instruction is developed based on Articles 239, of 255, of 256, 257 Codes of Ukraine about administrative offenses (further - КУоАП), establishes the mechanism of folding by authorized officers of Public service of geology and subsoil of Ukraine of protocols on administrative offenses, determines the procedure of hearing of cases about administrative offenses, imposing of the administrative punishments provided by Articles 57, 58 КУоАП and also establishes accounting treatment for materials about administrative offenses.
1.2. For the purposes of this Instruction persons determined by article 13 of the Code of Ukraine about subsoil are considered as subsoil users.
2.1. Powers on creation of protocols on administrative offenses are assigned by the order Gosgeonedr of Ukraine to officials of structural divisions of Public service of geology and subsoil of Ukraine to which implementation of the state geological control is assigned (further - authorized officers of bodies of the state geological control).
2.2. When making by citizens and officials of administrative offenses in the field of subsurface use, stipulated in Article 57 or 58 КУоАП, authorized officers of bodies of the state geological control constitute according to Article 255 КУоАП the protocol on administrative offense (further - the protocol) in the form given in appendix 1 to the present of the Instruction.
2.3. In case of identification of violations of requirements of the legislation on subsoil, made by officials of the companies, organizations and organizations, their structural or separate divisions irrespective of patterns of ownership and types of economic activity, the protocol is constituted concerning person who made violation of the law about subsoil and if such person cannot be identified - that concerning the official who is responsible for subsurface use condition at this company (in organization, the organization) and if such person is not designated, - concerning the director, organizations or the organizations.
2.4. The fact of making of administrative offense is determined by the authorized officer of body of the state geological control by results of check of subsoil users. The protocol is constituted on site making of offense.
2.5. In case of creation of the protocol in it part of the relevant article Administrative Code according to which the administrative responsibility is provided surely is specified.
In the protocol are surely specified:
date and the place of its creation (number, month and year of creation of the protocol, the name of the settlement where it is constituted);
position, surname, name, middle name (in the presence) the authorized officer which constituted the protocol;
information about person who is brought to the administrative responsibility (surname, name, middle name (in the presence); number, month, year and birthplace; marital status, including the number of dependents (in the presence of information), the residence (postal address); place of employment or studies of person (full name of the company, organization, organization and its location) and if person does not work, then about it the mark, position of person who made violation becomes (for officials), the passport (series, number by whom and when it is issued) or other identity document);
place, time of making and essence of administrative offense. The essence of offense is described according to part of the relevant article Administrative Code according to which the administrative responsibility is provided;
surnames, names and middle names (in the presence), addresses of witnesses and victims if they are. In the protocol both the residence, and the address of place of employment of person or contact telephone number on which it can be caused can be specified;
explanation of person brought to the administrative responsibility (in case of availability);
other data necessary for permission of case (mark about availability of the documents which are proofs on case);
mark about obtaining by person who is brought to the administrative responsibility, the second copy of the protocol.
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