ORDER OF THE MINISTRY OF DEFENCE OF UKRAINE

of July 28, 2016 No. 388

About approval of the Instruction about provision of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violations of military discipline and their accounting in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine

According to the Criminal Procedure Code of Ukraine, subitem 11 of article 7 of the Law of Ukraine "About Military service of law and order in the Armed Forces of Ukraine" and for the purpose of enhancement of procedure for provision of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violations of military discipline and their accounting in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine I order:

1. Approve the Instruction about provision of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violations of military discipline and their accounting in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine which is applied.

2. Declare invalid the order of the Ministry of Defence of Ukraine on July 2, 2013 No. 444 "About approval of the Instruction about procedure for provision of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violations of military discipline and their accounting in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine", registered in the Ministry of Justice of Ukraine on September 6, 2013 at No. 1536/24068 (with changes).

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

Approved by the Order of the Ministry of Defence of Ukraine of July 28, 2016 No. 388

The instruction about provision of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violation of military discipline and their accounting in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine

I. General provisions

1. This Instruction determines procedure for granting of reports and reports on events, criminal crimes, administrative corruption and military administrative offenses, violations of military discipline in structural divisions of the Ministry of Defence of Ukraine and the General Staff of the Armed Forces of Ukraine, bodies of military management, connections, military units, military educational institutions, organizations and the organizations of the Armed Forces of Ukraine, military units, military educational institutions, organizations, the organizations subordinated to the Ministry of Defence of Ukraine and the state companies belonging to the sphere of management of the Ministry of Defence of Ukraine (further - military units).

2. In this Instruction terms are used in the following values:

administrative corruption offense - the offense connected with corruption, made by military officials and government employees of the Ministry of Defence of Ukraine and the Armed Forces of Ukraine who hold the established posts connected with accomplishment organizational and administrative or administrative type duties or which are specially authorized on accomplishment of such obligations according to the legislation, except the military personnel of compulsory military service for which the law determines administrative, civil and disciplinary responsibility;

military administrative offense - the offense made by the serviceman which involves the administrative responsibility determined by Chapter 13-B of the Code of Ukraine about administrative offenses;

the serviceman - person passing military service;

reports - information concerning events, criminal offense, administrative corruption and military administrative offense provided in oral or written form in higher body of military management and relevant organ of management of Military service of law and order in the Armed Forces of Ukraine (further - Military service of law and order);

the report - information concerning events, criminal offense, administrative corruption and military administrative offense provided in oral or written form to the immediate superior through service operational and on duty, relevant organ of management of Military service of law and order;

criminal offense - the crimes provided by the Criminal code of Ukraine and criminal offenses;

emergency situation - situation in the separate territory or the subject of managing or water object which is characterized by violation of normal conditions of life activity of the population caused by catastrophic crash, accident, natural disaster, epidemic, epizooty, use of weapons of destruction or other dangerous event which brought (can bring) to emergence of threat of life or health of the population, large number of dead and injured to cause significant material damage, and also to impossibility of accommodation of the population in such territory, object, to carrying out on them economic activity;

the worker - the government employee, other employee of the Ministry of Defence of Ukraine and the Armed Forces of Ukraine, and also the physical person working on the terms of the employment contract at the state company.

3. Reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violations of military discipline are transferred by the appropriate technical means of transfer and information processing taking into account availability (lack) of information to them with limited access.

II. Procedure for granting of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, violations of military discipline and the taken measures for elimination of the reasons and conditions of their making (making)

1. For timeliness and objectivity of provision of reports on events, criminal offenses, administrative corruption and military administrative offenses, committed (made) by the military personnel or employees (on duty, in working hours) who happened in military units, bear responsibility commanders (chiefs) of military units.

2. The heads of structural divisions of the Ministry of Defence of Ukraine and the General Staff of the Armed Forces of Ukraine ordering types of the Armed Forces of Ukraine commanders (chiefs) of bodies of military management and connections are responsible for adherence to deadlines of provision of reports and reports on events, criminal offenses, administrative corruption and military administrative offenses, committed (made) by the military personnel, workers (on duty in working hours) who happened in military units, and also for completeness, objectivity of conducting investigations on the facts of events, criminal offenses, administrative corruption offenses and adequacy of the taken preventive measures.

Heads of structural divisions of the Ministry of Defence of Ukraine in accordance with the established procedure provide the petition before the Minister of Defence of Ukraine for conducting office investigations concerning persons authorized on accomplishment of functions of the state.

3. Commanders (chiefs) of military units about each elicited fact of failure to provide information on event, criminal offense, administrative corruption and military administrative offense appoint office investigation after which completion they provide written reports on subordination and in relevant organ of management of Military service of law and order, specifying the taken measures to the officials guilty of failure to provide the report.

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