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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 27, 2015 No. 354

About procedure for decision making about discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine also you will lock promotion of their symbolics"

According to part four of article 3 of the Law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine also you will lock promotion of their symbolics" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for decision making about discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine and you will lock promotion of their symbolics" which is applied.

2. Assign to the Ministry of Justice material and organizational support of work of the Commission on questions of compliance with law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine and you will lock promotion of their symbolics".

3. Item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228 (The Official Bulletin of Ukraine, 2014, No. 54, the Art. 1455, No. 85, Art. 2412; 2015, No. 6, the Art. 127, No. 30, the Art. 881, No. 40, the Art. 1218), after subitem 83-1 to add with new subitem 83-2 of the following content:

"83-2) makes the decision on discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine and you will lock promotion of their symbolics,".

With respect thereto to consider subitems 83-2-83-33 respectively subitems 83-3-83-34.

Prime Minister of Ukraine

A. Yatsenyuk

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 27, 2015 , No. 354

Procedure for decision making about discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine also you will lock promotion of their symbolics"

General part

1. This Procedure determines the procedure of adoption by Ministry of Justice of decisions on discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine and will lock promotion of their symbolics" (further - the Law).

2. The terms used in this Procedure have the following value:

the initiator - physical and/or legal entities, associations of citizens, law enforcement agency, public authority, local government body;

object of legal examination - the legal entity, political party, its regional, city, district organization or other structural education provided by the party charter, other consolidation of citizens, activities the name and/or symbolics of which are researched on compliance to requirements of the Law.

3. The Ministry of Justice directly or through territorial authorities provides permanent monitoring of compliance of the name and/or symbolics, materials of registration case of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law.

Bases of conducting legal examination

4. Can be the bases of conducting legal examination:

1) the address of the initiator about conducting legal examination which shall contain:

full name of object of legal examination and its identification code (in the presence of the status of the legal entity);

the fact of violation of the law (with reference to the provisions of the law);

full name, location of the initiator, its contact information;

2) initiative of Ministry of Justice;

3) the judgment which took legal effect, which established fact of discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the law.

5. The address of the initiator which does not conform to requirements of the subitem 1 of item 4 of this Section is not the basis for conducting legal examination.

6. In case of availability at the initiator of the fact of violation object of legal examination in the activities of requirements of the Law to the address applies the following materials: videos or photo with obligatory reflection of time and date of the event held by object of examination with violation of requirements of the law; copy of printing mass media, the decision of governing body of object of legal examination which confirms violation by object of legal examination of requirements of the Law, and so forth.

Organization of conducting legal examination

7. For conducting legal examination about discrepancy of activities, the name and/or symbolics of the legal entity, political party, its regional, city, district organization or other structural education provided by the charter of political party, other consolidation of citizens to requirements of the Law the Commission on questions of compliance with law of Ukraine "About condemnation communistic and national socialist (Nazi) the totalitarian modes in Ukraine is formed and you will lock promotion of their symbolics" (further - the Commission).

The commission is permanent joint advisory advisory body under Ministry of Justice which structure and provision affirm the order of Ministry of Justice.

8. Employees of Ministry of Justice are part of the Commission.

The Commissions can be involved representatives of law enforcement agencies, Central Election Commission, central and local executive bodies, local government bodies, the companies, organizations and the organizations (in coordination with their heads), and also independent experts (in coordination).

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