ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of October 21, 2016 No. 3004/5

About approval of the Procedure of control of activities of employees of bodies of the public executive service, private contractors

According to Articles 12, 34 Laws of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies" order:

1. Approve the Procedure of control of activities of employees of bodies of the public executive service, private contractors which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of July 25, 2013 No. 1494/5 "About approval of the Procedure for carrying out by the Public executive service of Ukraine of checks of activities of structural divisions of territorial authorities of the Ministry of Justice of Ukraine which provide realization of powers of the Public executive service of Ukraine", registered in the Ministry of Justice of Ukraine on July 25, 2013 for No. 1260/23792.

3. To department concerning justice and homeland security of the Ministry of Justice of Ukraine (Oleynik A. N.) submit 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.

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

Approved by the Order of the Ministry of Justice of Ukraine of October 21, 2016, No. 3004/5

Procedure of control of activities of employees of bodies of the public executive service, private contractors

I. General provisions

1. This Procedure determines the mechanism of implementation by the Ministry of Justice of checks of activities of employees of bodies of the public executive service (further - bodies of GIS), private contractors, including condition of observance of the Constitution of Ukraine, the requirements of the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine accepted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, orders of the Ministry of Justice of Ukraine, orders of the Minister of Justice of Ukraine, and the organization of work on their accomplishment, observance of making by the state and private contractors of procedure and terms of making of executive actions, accomplishment of rules of clerical work.

2. The main objectives of control are:

check of the organization of work of bodies of GIS, private contractors, including observance of requirements at office of the private contractor, insurance of civil-law responsibility, availability of persons working at conditions of legal or employment contracts, storage conditions of archive, seals and so forth;

check of observance by the state and private contractors of rules of record keeping, correctness of forming of documents;

check of observance by the state and private contractors of procedure for making of executive actions;

identification of violations of the law in the field of the organization of forced execution of decisions of the courts and other bodies (officials);

provision of recommendations about elimination of the reasons owing to which violations are allowed;

application to the state and private contractors of response measures, stipulated by the legislation, in case of identification during check of the violations allowed by them;

generalization of results of checks for the purpose of determination of typical violations, shortcomings, the mistakes made by the state and private contractors;

distribution of positive work experience.

3. In this Procedure terms are used in the following values:

complex check - scheduled or unscheduled inspection during which all activities of bodies of GIS, the private contractor are checked;

control check - check of condition of activities of bodies of GIS which is carried out for the purpose of determination of condition of the recommendations provided during the previous checks;

scheduled inspection - complex, target, control check of activities of bodies of GIS, the private contractor which is carried out based on the plan which affirms the Ministry of Justice;

unscheduled inspection - unplanned check of activities of bodies of GIS, private contractors;

target check - scheduled or unscheduled inspection during which one or several activities of body of GIS are checked.

4. Complex inspection of activities of bodies of GIS is carried out time in three years.

Target checks of activities of bodies of GIS time in two years is carried out.

Control inspection by results of activities of bodies of GIS is carried out in the terms determined in the reference by results of the previous check.

5. The organization of conducting checks is assigned to structural divisions of the office of the Ministry of Justice within their competence, according to the purposes and tasks of check.

Structural divisions of the Ministry perform preparation of annual plans of conducting complex, target and control checks of activities of bodies of GIS, private contractors and give them on approval to the Ministry of Justice.

II. Organization of conducting checks of bodies of GIS

1. For conducting checks by the Ministry of Justice the working group is created.

In structure of the working group, except employees of structural divisions of the office of the Ministry of Justice, employees of bodies of GIS which have the high professional level and experience of practical work at least 5 years can be attracted.

In structure of the working group for conducting check workers whose involvement will lead to emergence of conflict of interest are not attracted.

In case of conflict of interest when conducting check the workgroup member instantly in writing notifies the head of working group, and in case of its absence - the deputy manager of working group.

In that case the head of working group or in case of its absence the deputy manager of working group takes measures for elimination of conflict of interest, in particular charges to such workgroup member to carry out other tasks determined by the verification plan.

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