It is registered
Ministry of Justice of Ukraine
June 10, 2016
No. 841/28971
of May 25, 2016 No. 110
About approval of the Procedure for registration and the direction (delivery) of the requirement about cancellation of decisions of state bodies and their officials concerning public service which contradict the legislation regarding realization by citizens of the right to public service, about elimination of violations of the rights of the government employee or about cancellation of results of tender on occupation of vacant position of public service
According to Article part five 11, to Items 2, 14 parts three of Article 13 and part seven of article 28 of the Law of Ukraine of December 10, 2015 No. 889-VIII "About public service", order to the subitem 4 of item 4 of the Regulations on the National agency of Ukraine concerning public service approved by the resolution of the Cabinet of Ministers of Ukraine of October 1, 2014 No. 500,:
2. And interactions with authorities of the National agency of Ukraine concerning public service in accordance with the established procedure to provide to inspection department submission of this order on state registration in the Ministry of Justice of Ukraine.
3. To impose control of execution of this order on the vice-chairman of National civil service according to distribution of functional powers.
4. This order becomes effective from the date of its official publication.
Chairman
K. A. Vashchenko
Approved by the Order of the National agency of Ukraine concerning public service of Ukraine of May 25, 2016, No. 110
1. This Procedure establishes the procedure of registration and the direction (delivery) to state bodies and their officials of requirements in the relation:
elimination of violations of the rights of the government employee established by the Law of Ukraine "About public service" (further - the Law), according to part five of article 11 of the Law;
cancellations of decisions concerning public service which contradict the legislation regarding realization by citizens of the right to public service, according to Item 14 parts three of article 13 of the Law;
cancellations of results of tender on occupation of vacant position of public service of categories "B" and "B" according to part seven of article 28 of the Law.
2. The requirement is written, obligatory for accomplishment in certain time the requirement of the National agency of Ukraine concerning public service (further - NAGS) or its territorial authorities which goes to state bodies and their officials in the cases established by the Law for the purpose of elimination of violations of the law on public service.
NAGS has the right to send the requirement to any state bodies and their officials, its territorial authorities - to state bodies which jurisdiction extends to the territory of one or several areas, the Autonomous Republic of Crimea, the cities of Kiev and Sevastopol, one or several areas, cities of regional value, and to their officials.
3. The requirement is constituted in the form given in appendix 1 to this Procedure. The first copy of the requirement remains in NAGS (territorial authority), the second - with the cover letter goes by mail (is handed) to state body or its officials, in case of cancellation of results of tender on occupation of vacant position of public service of categories "B" and "B" - to the head of public service in state body to which the requirement, or to the subject of appointment is sent.
In case of refusal the head of public service in state body or person fulfilling its duties, other officials of state body from receipt of the requirement officials of NAGS (territorial authority) draw up the statement of refusal of receipt of the requirement in duplicate.
4. The requirement is signed by the Chairman of NAGS (the head of territorial authority), and in case of absence of the Chairman of NAGS (the head of territorial authority) - his deputy according to distribution of obligations.
5. The requirement may contain obligations to state body and its officials about cancellation of the decision of state body of the contest committee which contradicts the legislation on public service, regarding realization by citizens of the right to public service, fully or partially.
The decision on the direction of the requirement about partial cancellation of the decision of state body is made in case other part of the decision of state body does not contradict the legislation on public service on realization by citizens of the right to public service.
The decision on the direction of the requirement about cancellation of the solution of the contest committee by results of tender on occupation of vacant positions of public service of categories "B" and "B" is accepted by NAGS regarding the revealed violations of conditions of tender during its carrying out.
6. The requirement is subject to obligatory execution by state bodies, their officials in time, established in the requirement.
The requirement is considered executed if the state body or its officials to whom it was sent hands) the requirement, in the time established in the requirement the relevant order or the order is issued.
7. Accounting of the sent requirements is performed in the magazine of registration of requirements which form is given in appendix 2 to this Procedure.
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The document ceased to be valid since November 29, 2019 according to Item 1 of the Order of the National agency of Ukraine concerning public service of Ukraine of November 6, 2019 No. 201-19