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Ministry of Justice of Ukraine

March 16, 2017

No. 365/30233

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of March 1, 2017 No. 176

About approval of the Instruction about procedure and conditions of the organization of watch of employees of Expert service of the Ministry of Internal Affairs of Ukraine

According to the Law of Ukraine "About judicial examination", 7, of 8, of the 10th item 4 of the Regulations on the Ministry of Internal Affairs of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 2015 No. 878, I order to Article 71 of the Criminal Procedure Code of Ukraine, subitems:

1. Approve the Instruction about procedure and conditions of the organization of watch of employees of Expert service of the Ministry of Internal Affairs of Ukraine which is applied.

2. To provide to the state Ministry of Internal Affairs center of Ukraine research expert criminalistic (Teplitsky B. B.) submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. To directors of the State research expert and criminalistic center of the Ministry of Internal Affairs of Ukraine, the research expert and criminalistic centers, heads of higher educational institutions of the Ministry of Internal Affairs of Ukraine to organize studying and to provide execution of this order by employees of subordinate divisions.

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

5. I reserve control of execution of this order.

Minister

A. B. Avakov

Approved by the Order of the Ministry of Internal Affairs of Ukraine of March 1, 2017 No. 176

The instruction about procedure and conditions of the organization of watch of employees of Expert service of the Ministry of Internal Affairs of Ukraine

I. General provisions

1. This Instruction is developed for the purpose of enhancement of labor organization of employees of Expert service of the Ministry of Internal Affairs of Ukraine (further Expert service) who are involved in watch for the operational solution of the questions belonging to their duties according to the employment contract, decision makings, the organization and the performance of works connected with accomplishment of pressing tasks in the field of ensuring public safety and procedure, protection and protection of human rights and freedoms, interests of society and the state by implementation of judicial and expert activities, participation in carrying out public or secret investigative actions in pre-judicial investigation and judicial review, ensuring functioning of criminalistic accounting.

2. The head of the public specialized agency of judicial examination which is part of Expert service (further - organizations), if necessary can involve workers in watch after the termination of the working day, during week-end and non-working holidays with compensation for work according to the legislation.

Watches in the place of their implementation are divided into watch on workplace and watch at home.

Watch of workers on workplace, with the rest right in specially equipped room or houses, is carried out according to the schedules of watch approved by the order of the head of organization and approved with elected body of primary trade-union organization. The order establishes the beginning and the end of watch, break for rest and food during change, and also the days of rest provided to workers for watch.

3. In case of employees engagement to watch such summed-up accounting of working hours with the monthly or quarter accounting period that duration of working hours for the accounting period did not exceed normal number of working hours is entered.

Employees engagement over the established duration of working hours for certain accounting period is not allowed to work.

Compensation in case of introduction of the summed-up accounting of working hours is carried out according to requirements of the current legislation.

4. Attraction to watch on workplace or houses (without the right to leave the house or other place of stay, residing near certain means of communication in readiness for challenge for work) is allowed only from written consent of the worker.

5. It is forbidden to involve in watch after the termination of the working day, and also during week-end and non-working holidays of the expectant mothers and women having children under three years.

The women having children aged from 3 up to 14 years or the handicapped child can be involved in watch only from their consent.

Involvement of disabled people to watch is possible only from their consent and provided that it does not contradict medical recommendations.

6. In case of employees engagement to accomplishment of the emergency works or for holding the actions performed in case of emergency situations, duration of working hours and its compensation are established according to the procedure, provided by the current legislation.

II. Watch on workplace

1. Watch on workplace, with the rest right in specially equipped room, is entered for ensuring participation of employees of Expert service as specialists when carrying out public or secret investigative actions in pre-judicial investigation and judicial review, conducting urgent judicial examinations in criminal proceedings, to cases about administrative offenses, in case of need accomplishment of pressing tasks on ensuring public safety and procedure, counteraction of crime, traffic safety, protection of frontier, protection of objects and the territories in case of emergency situations.

2. Watch of workers on workplace can be entered in the round-the-clock or other operating mode. The procedure and employment duration are established by the head of organization taking into account regulations of the current legislation.

3. The room for rest of workers shall be equipped with telephone communication, bed with complete set of bed linen, case, teapot and devices for heating of food, the refrigerator, the place of use of which shall conform to requirements of fire safety.

4. Watch on workplace in day and night time in specially equipped room is set off in working hours at the rate of 1 h watch for 0,75 of h working hours.

5. The general duration of working hours in case of establishment of watch in the round-the-clock mode (active work with watch), cannot exceed 20 hours.

6. After daily watch rest is provided at least 48 hours.

III. Watch of the house

1. Watch of the house is set off in working hours at the rate of 1 h. Watches for 0,25 of h working hours.

2. After daily watch other day of rest within a month from the date of watch is provided at home.

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