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Ministry of Justice of Ukraine

November 7, 2016

No. 1439/29569

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of October 21, 2016 No. 3003/5

About approval of the Regulations on the Temporary disciplinary commission of private contractors

According to item 4 of the Section IV "Final and transitional provisions" of the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies" I order:

1. Approve Regulations on the Temporary disciplinary commission of private contractors which are applied.

2. Determine that the Temporary disciplinary commission of private contractors performs powers before convocation of congress of private contractors of Ukraine and forming of the Disciplinary commission of private contractors.

3. To department concerning justice and homeland security (Oleynik A. N.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective from the date of its official publication, but not earlier than day of entry into force of the Law of Ukraine of June 2, 2016 No. 1403-VIII "About the bodies and persons performing forced execution of judgments and decisions of other bodies".

5. To impose control of execution of this order on the deputy minister concerning executive service Shklyar S. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of October 21, 2016 No. 3003/5

Regulations on the Temporary disciplinary commission of private contractors

1. This Provision determines procedure for education under the Ministry of Justice of Ukraine (further - Ministry of Justice) the Temporary disciplinary commission of private contractors (further - the temporary disciplinary commission), its tasks, function and procedure for activities.

2. In the activities the temporary disciplinary commission is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, this Provision, and also orders of Ministry of Justice.

3. The main objectives of the temporary disciplinary commission are:

consideration of questions of involvement of private contractors to disciplinary responsibility for making of minor offenses;

decision making about application to the private contractor of authority punishment.

4. The temporary disciplinary commission according to the tasks assigned to it:

considers idea of Ministry of Justice of involvement of the private contractor to disciplinary responsibility;

directs claims to activities of private contractors to check of Ministry of Justice;

based on representation of Ministry of Justice makes the decision on application or refusal in application to the private contractor of authority punishment.

5. Seven people are part of the temporary disciplinary commission.

6. The staff of the temporary disciplinary commission affirms the order of Ministry of Justice.

7. The chairman of the temporary disciplinary commission is the Minister of Justice of Ukraine or the deputy minister of justice of Ukraine.

8. The chairman of the temporary disciplinary commission will organize work of the temporary disciplinary commission, determines and approves the agenda of its meetings, and also distributes obligations between her members.

In case of absence of the chairman of the temporary disciplinary commission its duties are fulfilled by the vice-chairman of the temporary disciplinary commission.

9. The secretary of the temporary disciplinary commission is elected by the temporary disciplinary commission from among her members.

The secretary of the temporary disciplinary commission provides the direction on check to the Ministry of Justice of Ukraine of claims to activities of private contractors who arrived in the temporary disciplinary commission, preparation of holding meetings of the temporary disciplinary commission and maintaining protocols of meetings of the temporary disciplinary commission.

10. Meetings of the temporary disciplinary commission are held in case of need.

Date, time and the venue of meeting of the temporary disciplinary commission are determined by its chairman.

11. The meeting of the temporary disciplinary commission is considered authorized in case of presence at least four people.

12. The meeting of the temporary disciplinary commission is held by its chairman, and in case of its absence - the vice-chairman of the temporary disciplinary commission.

13. Decisions of the temporary disciplinary commission are made by simple majority vote of voices from number of the members of the commission who are present at meeting.

In case of equal distribution of voices the decision is considered unaccepted.

14. The decision of the temporary disciplinary commission is drawn up by the protocol which is signed by all attendees at meeting members of the commission within two working days after the meeting of the temporary disciplinary commission.

15. At meeting of the temporary disciplinary commission have the right to be present representatives of public associations and mass media.

16. The minutes of the temporary disciplinary commission shall contain list of persons which are present at meeting, the agenda, questions which were considered at meeting, the list of persons who acted during the meeting, the decisions made by the temporary disciplinary commission.

In case of adoption by the temporary disciplinary commission of the decision on application to the private contractor of authority punishment in the minutes of the temporary disciplinary commission the type of authority punishment which is applied to the private contractor is specified.

In case of adoption by the temporary disciplinary commission of the decision on application to the private contractor of authority punishment in the form of suspension of operations of the private contractor in the minutes of the temporary disciplinary commission the term for which activities of the private contractor are suspended is specified.

17. The temporary disciplinary commission has the right to invite to meeting of the participant of enforcement proceeding which claim became the basis for check of activities of the private contractor and introduction of idea of involvement of the private contractor to disciplinary responsibility, and also representatives of public authorities, local government bodies and other faces (under approval) for hearing of their opinion.

18. Members of the temporary disciplinary commission have the right:

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