It is registered
Ministry of Justice of Ukraine
September 21, 2015
of September 3, 2015 No. 347
About approval of the Instruction for registration of materials about administrative offenses
According to article 255 of the Code of Ukraine about administrative offenses and article 24 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction" I order:
1. Approve the Instruction for registration of materials about administrative offenses which is attached.
2. Declare invalid the order of the Ministry of Transport and Communications of Ukraine of November 15, 2010 No. 822 "About approval of the Instruction for registration of materials about administrative offenses", registered in the Ministry of Justice of Ukraine on December 7, 2010 at No. 1224/18519.
3. To provide to department of questions of prevention and identification of corruption:
1) submission of this order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation;
2) promulgation of this order on the official website of the Ministry of infrastructure of Ukraine.
5. To impose control over the implementation of this order on the deputy minister - the chief of staff of Yemelyan V. V.
Approved by the Order of the Ministry of infrastructure of Ukraine of September 3, 2015 No. 347
1. This Instruction is developed according to Item 6 parts one of Article 14, article 24 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further - the Law), Articles 221, 254–257 Codes of Ukraine about administrative offenses (further - the Code) and establishes procedure for creation by the officials of the Ministry of Infrastructure and representation to bodies authorized on that, authorized to consider cases on administrative offenses, protocols and materials about administrative offenses, stipulated in Article 166-9, part five of Article 166-11 and article 188-34 of the Code.
2. Protocols on administrative offenses, stipulated in Article 166-9, part five of Article 166-11 and article 188-34 of the Code, are constituted by the officials of the Ministry of Infrastructure authorized on that (further - authorized officers) if these violations in character do not involve according to the law of criminal liability.
3. If the offense is made by several persons, then the protocol on administrative offense is constituted separately concerning each person. In case of making by one person of several separate administrative offenses protocols are constituted on each of committed offenses.
4. Authorized officers constitute protocols on administrative offenses in case of identification of the following violations of requirements of the legislation:
violation of requirements for identification, verification of the client (client's representative), to customer research, refining of customer information;
non-presentation, untimely representation, violation of procedure for representation or representation of unreliable information to Gosfinmonitoring in cases, stipulated by the legislation;
violation of requirements for storage of official documents, other documents (including the electronic documents created by the subject of primary financial monitoring), their copies on identification of persons (clients, representatives of clients), and also persons to whom by the subject of primary financial monitoring it was refused carrying out financial transactions, to customer research, refining of customer information, and also all documents concerning business relations (carrying out financial transaction) with the client (including results of any analysis when implementing actions for verification of the client / profound check of the client), and also data on financial transactions;
violation of procedure for suspension financial (financial) transactions (transaction);
non-presentation, untimely representation or representation of the unreliable information connected with the analysis of financial transactions which became object of financial monitoring, references and copies of documents (including containing information with limited access) on Gosfinmonitoring request;
disclosure in any kind of information which according to the law is subject to exchange between the subject of primary financial monitoring and Gosfinmonitoring, or the fact of its giving (obtaining) by person to which this information became known in connection with its professional or office activity;
failure to carry out of legal requirements of officials of the Ministry of Infrastructure on elimination of violations of the law about prevention and counteraction of legalization (washing) of income gained in the criminal way, either financings of terrorism or creation of obstacles for accomplishment of the obligations assigned to them;
non-presentation by the legal entity to the state registrar of Ukraine provided by the Law "About state registration of legal entities and physical persons entrepreneurs" information on the final beneficial owner (controller) of the legal entity.
5. Protocols on administrative offenses are constituted relatively:
officials of subjects of primary financial monitoring, members of liquidation commission, liquidators (paragraphs two - the fifth item 4 of these rules);
officials of the companies, organizations, the organizations which are not subjects of primary financial monitoring (the paragraph of the sixth of item 4 of these rules);
persons who illegally divulged in any kind information which according to the law is subject to exchange between the subject of primary financial monitoring and Gosfinmonitoring, or the fact of its representation (obtaining) and to which this information became known in connection with professional or office activity (the paragraph of the seventh of item 4 of these rules);
officials of subjects of primary financial monitoring (paragraph of the eighth of item 4 of these rules);
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