ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 4, 2016 No. 752

About approval of the Regulations on counseling center of the State Border Service of Ukraine

According to article 19 of the Law of Ukraine "About the State Border Service of Ukraine", to part four of article 25 of the Law of Ukraine "About border control", to the subitem 14 of item 4 of the Regulations on Administration of the State Border Service of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of October 16, 2014 No. 533 for the purpose of the organization of activities of counseling centers of the State Border Service of Ukraine I order:

1. Approve Regulations on counseling center of the State Border Service of Ukraine which are applied.

2. Department on forming of policy concerning government authorities and monitoring bodies of the Ministry of Internal Affairs being under control of the Minister (Bodnar V. E.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

4. To impose control of execution of this order on the Chairman of the State Border Service of Ukraine colonel general Nazarenko V. A.

Approved by the Order of the Ministry of Internal Affairs of Ukraine of April 8, 2016 No. 752

Regulations on counseling center of the State Border Service of Ukraine

I. General provisions

1. This Provision determines appointment, the main objectives, powers, the rights, the organization of management and activities of counseling center of the State Border Service of Ukraine.

2. The counseling center of the State Border Service of Ukraine (further - KP) is the structural division of body of protection of frontier of the State Border Service of Ukraine (further - OOGG) intended for implementation of exchange of information on the organization and maintenance of interaction and cooperation on boundary questions and also exchange of information during the approved joint actions for the benefit of counteraction of unlawful activity on frontier of Ukraine with the adjacent states.

3. In the activities the KP is guided by the Constitution of Ukraine, the laws of Ukraine, presidential decrees of Ukraine, resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of the legislation of Ukraine, international treaties on boundary questions and this Provision.

4. The staff of KP shall know foreign language which will provide communication with representatives of competent authorities of the adjacent states.

II. Tasks, powers and rights of KP

1. The main objective of KP is exchange of information relatively:

the organization and maintenance of interaction and cooperation on boundary questions between Ukraine and the adjacent state;

joint actions for the benefit of counteraction of unlawful activity on frontier.

Accomplishment of the specified task is operational and service activity of KP.

2. The KP according to certain tasks performs exchange of information relatively:

changes in the legislation on boundary questions;

emergence of emergency situations at check points through frontier and on sidings to it;

situation which can influence carrying out boundary, customs and other types of control at check points through frontier;

persons to whom it is refused entrance, and causes of failure;

violations or attempts of violation of the law when crossing frontier;

counteractions to the crimes connected with human trafficking and illegal migration;

controls of offenses, connected with smuggling, including illicit movement through frontier of weapon and its components, destructive devices, ammunition, explosive and radioactive materials, drugs, psychotropic substances and precursors;

samples of the documents used for implementation of unlawful activity on frontier;

counteractions to illicit movement of the stolen motor transport through frontier;

the vehicles crossing frontier and loads which move through it;

legality of entrance of the citizen of the third country or the stateless person on the territory of Ukraine or the adjacent state;

requests and offers on protection of frontier which arise following the results of joint patrol.

The complete list of open, public and confidential information which exchange is performed through KP is determined by international treaties.

The KP according to the assigned tasks performs exchange of information in writing.

In case of emergency exchange of information can orally be performed with subsequent its written confirmation within 24 hours after receipt of request.

Requests for information and answers to them without fail are registered in register of requests and information of KP.

Provision of information it can be refused fully or partially if it can cause damage to interests of Ukraine. The refusal shall be reasonable and directed in writing.

Exchange of the classified information and information which is in accordance with the established procedure carried to office - is forbidden.

3. The KP has the right:

prepare offers on the organization and maintenance of interaction and cooperation on boundary questions;

within the competence to process and make offers on modification of structure and the state of KP;

submit suggestions for improvement of work of KP on the questions concerning its activities;

collect, generalize, systematize and store information necessary for the analysis and ensuring activities of KP;

participate in meetings at which the questions which are within the competence KP are discussed;

prepare offers and at the request of the chief of OOGG to participate in the solution of the questions which are within the competence KP;

in accordance with the established procedure to receive from officials of Administration of the State Border Service of Ukraine, other bodies of the State Border Service of Ukraine documents, materials, information necessary for accomplishment of the tasks assigned to KP;

on the questions concerning accomplishment of tasks of KP in accordance with the established procedure to have access to databases of the State Border Service of Ukraine.

III. Organization of management and activities of KP

1. The KP is headed by the chief of counseling center (further - the chief of KP) which activities consist in the organization and maintenance of information exchange for boundary questions.

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