ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of November 6, 2015 No. 1376

About approval of the Instruction for registration of materials about administrative offenses in police agencies

According to the Code of Ukraine about administrative offenses, to the Laws of Ukraine "About National police", "About free legal aid", to the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 No. 1363 "About approval of the Procedure for informing the centers for provision of free secondary legal aid on cases of detention, administrative detention or application of measure of restraint in the form of detention", to subitems 3, of 4, of 6, of 7, of 12, of 13, of 15, of the 19th item 4 of the Regulations on National police approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 2015 No. 877, for the purpose of respecting the rule of law when implementing production on cases on administrative offenses and also reduction of regulatory legal acts in compliance with the legislation which regulates activities of National police, I order:

1. Approve the Instruction for registration of materials about administrative offenses in police agencies which is attached.

2. To heads of structural divisions of National police of Ukraine, head departments of National police in the Autonomous Republic of Crimea and Sevastopol, areas and Kiev:

1) to organize studying by staff of this Instruction and to provide its accomplishment;

2) annually till June 1 to submit to division of material security of the central governing body of police information on the annual need for forms of protocols on administrative offenses, resolutions on cases on administrative offenses and protocols on administrative detentions the next calendar year.

3. Providing with forms protocols on administrative offenses, resolutions on cases on administrative offenses and protocols on administrative detentions to assign to structural division of the central governing body of police within which competence the question of material security which shall perform providing with forms is.

4. Declare invalid the order of the Ministry of Internal Affairs of October 4, 2013 No. 950 "About questions of application of the administrative legislation of Ukraine by law-enforcement bodies of Ukraine", registered in the Ministry of Justice of Ukraine on October 29, 2013 for No. 1829/24361 (with changes).

5. To provide to the chairman of National police of Ukraine Dekanoidze H. submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

6. I reserve control over the implementation of this order.

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

Approved by the Order of the Ministry of Internal Affairs of Ukraine of November 6, 2015 No. 1376

The instruction for registration of materials about administrative offenses in police agencies

I. General provisions

1. This Instruction establishes procedure for registration in bodies of National police of Ukraine, including in their structural (isolated) divisions (further - police agencies), materials about administrative offenses, procedure for hearing of cases about administrative offenses, and also determines procedure for control of compliance with law in case of registration of materials about administrative offenses (except offenses in the field of traffic safety).

2. This Instruction is developed according to the Code of Ukraine about administrative offenses (further - КУоАП), the Laws of Ukraine "About National police", "About the central executive bodies", "About free legal aid", the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 No. 1363 "About approval of the Procedure for informing the centers for provision of free secondary legal aid on cases of detention, administrative detention or application of measure of restraint in the form of detention".

II. Documentation of administrative offenses

1. Creation of protocols on administrative offenses, protocols on administrative detention, protocols on withdrawal of things and documents, protocols on examination of things and personal inspection, and also receipt of explanation from persons who are brought to the administrative responsibility, the victims, witnesses is performed by the officials of police agencies authorized on that.

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