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Ministry of Justice of Ukraine

February 7, 2017

No. 173/30041

ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of January 19, 2017 No. 6

About approval of the Instruction for registration by the state inspectors in the field of the state control of use and protection of lands and observance of requirements of the legislation of Ukraine on protection of lands of materials about administrative offenses

According to article 244 of the Code of Ukraine about administrative offenses, article 10 of the Law of Ukraine "About the state control of use and protection of lands", I order to the subitem 9 of item 4 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 No. 1119,:

1. Approve the Instruction for registration by the state inspectors in the field of the state control of use and protection of lands and observance of requirements of the legislation of Ukraine on protection of lands of materials about administrative offenses which is applied.

2. Declare invalid the order of the State committee of Ukraine on land resources of April 28, 2009 No. 205 "About approval of the Instruction for registration by the state inspectors on control of use and protection of lands of Goszeminspektion and her territorial authorities of materials about administrative offenses and modification in Goskomzem's order of 12.12.2003 No. 312", registered in the Ministry of Justice of Ukraine on May 25, 2009 for No. 460/16476.

3. To provide to department of agriculture and technical policy in the AIC submission of the order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

5. I reserve control of execution of the order.

First Deputy Minister

M. Martynyuk

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of January 19, 2017 No. 6

The instruction for registration by the state inspectors in the field of the state control of use and protection of lands and observance of requirements of the legislation of Ukraine on protection of lands of materials about administrative offenses

I. General provisions

1. This Instruction determines procedure for registration of materials in case of detection by the state inspectors in the field of the state control of use and protection of lands and observance of requirements of the legislation of Ukraine on protection of lands of violations of requirements of the land legislation, their accounting, consideration, and also appeal and control of production by cases on administrative offenses.

2. Requirements of the Instruction are obligatory for execution by the state inspectors in the field of the state control of use and protection of lands and observance of requirements of the legislation of Ukraine on protection of lands of Public service of Ukraine concerning geodesy, cartography and the inventory (further - Gosgeokadastr) and its territorial authorities (further - the state inspectors) which according to the legislation of Ukraine are granted the right to constitute protocols on administrative offenses, to consider cases on administrative offenses and to impose administrative punishments which are effective as the state inspectors of agricultural industry according to article 244 of the Code of Ukraine about administrative offenses.

II. Execution of the protocol on administrative offense

1. In case of identification of violation of the law in the field of use and protection of lands for which the Code of Ukraine about administrative offenses (further the Administrative Code) provides the administrative responsibility the state inspector constitutes the protocol on administrative offense (further - the protocol) (appendix 1).

2. The protocol is constituted in duplicate, one of which on receipt is handed to person brought to the administrative responsibility.

3. The protocol is drawn up in state language.

4. All details of the protocol are filled with legible handwriting. Filling of the protocol with pencil is not allowed. In case of implementation of corrections they make sure the signature of the state inspector who constituted, and person on who the protocol is constituted. After signing of the protocol by person concerning which it is constituted deletion or correction of the data entered in the protocol, and also introduction of additional records are not allowed.

5. In the protocol are specified:

date and place of its creation;

position, surname, name and middle name of the state inspector who constituted the protocol (are specified completely, without reducings);

information about person who is brought to the administrative responsibility (surname name and middle name, day, month and year of birth, the birthplace, marital status, including the number of dependents (in the presence of information), the actual place of residence / registration (postal address), position and place of employment or studies (full name of the legal entity and his location) if person does not work, about it becomes mark);

place, time of making and essence of administrative offense. The essence of offense is described as it is possible more precisely according to requirements of the relevant article Administrative Code based on which the protocol is constituted;

regulatory legal acts which requirements are violated and which establish responsibility for committed offense (with obligatory specifying of Articles (their parts), Items, paragraphs, etc.;

surnames, names and middle names, places of residence/registration of witnesses and victims (in the presence);

explanations of person brought to the administrative responsibility (can be stated in the protocol or on the single sheet with mark about it in the protocol). Person brought to the administrative responsibility having the right to provide in the protocol of explanation and the note on its content, and also to state motives of the refusal of its signing. In case of refusal person brought to the administrative responsibility from giving explanations in the protocol or from its signing, about it the corresponding entry is surely made;

other data necessary for permission of case (for example, data on availability of acts of inspection of the parcel of land, mark on availability of documents and things which confirm offenses, the petition of person brought to the administrative responsibility);

about the material damage caused by offense to land resources that led to losses of agricultural or forestry and landscape production.

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