It is registered
Ministry of Justice of Ukraine
May 20, 2015
of May 5, 2015 No. 515
About approval of the Instruction about procedure for conducting office investigations in bodies and divisions of civil protection
According to Item 85 of the Disciplinary charter of service of civil protection approved by the Law of Ukraine of March 05, 2009 No. 1068-VI for the purpose of strengthening of office discipline in bodies and divisions of civil protection, streamlining of questions of appointment, conducting office investigations I order:
1. Approve the Instruction about procedure for conducting office investigations in bodies and divisions of civil protection which is applied.
2. Declare invalid the order of the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash against December 14, 2009 No. 838 "About approval of the Procedure for conducting office investigation concerning violation by faces of the private and the commanding structure of bodies and divisions of civil protection of office discipline", registered in the Ministry of Justice of Ukraine on March 3, 2010 at No. 203/17498 (with changes).
3. To provide to department of legal providing the Ministry of Internal Affairs (D.V.'s Gorbas) submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.
5. I reserve control of execution of this order.
A. B. Avakov
It is approved:
Acting as Chairman
Public service of Ukraine on
to emergency situations
Approved by the Order of the Ministry of Internal Affairs of Ukraine of May 5, 2015 No. 515
1. This Instruction determines procedure for conducting office investigations by violations of office discipline, including making of actions for which administrative or criminal liability (further - violation of office discipline), commited by person (faces) of the private and the commanding structure of service of civil protection, including listeners and cadets of educational institutions of the sphere of management of GSChS of Ukraine is provided (further - face of the private and the commanding structure), the rights and obligations of officials when conducting office investigation, registration of its results and adoptions of the decision on them.
2. The purpose of conducting office investigation is establishment:
circumstances (time, place) and consequences of violation of office discipline;
persons guilty of making of violation of office discipline, and persons, actions or failure to act of which led to negative consequences or created prerequisites for their drawing;
availability of causal relationship between violation of office discipline of person (persons) concerning which, (which) office investigation, and its consequences was appointed;
causes of infringement of office discipline and conditions which promoted it;
requirements of the current law which was violated;
degrees of fault of each of persons involved in violation of office discipline, and motives of delinquent behavior of person (persons) of the private or the commanding structure, its relations to deeds.
3. If during office investigation it is determined that the violation of office discipline which is commited by person the ordinary or commanding structure contains signs of administrative or criminal offense, person (persons) to whom (which) conducting office investigation is entrusted brings (yat) to the chief who appointed office investigations, the offer on taking measures according to the procedure provided by the current legislation of Ukraine.
1. Office investigations are appointed in case:
1) absence on service without valid excuse;
2) violations of the body established by the head or divisions of civil protection of daily routine;
3) the uses of alcoholic beverages or drugs in working hours, arrivals on drunk service or condition of drug intoxication;
4) violations of authorized rules of service;
5) losses of the official ID, in-house documents;
6) failures to carry out of orders and orders of chiefs that resulted in unavailability to actions to destination and to failure of accomplishment assigned to body or division of civil protection of tasks;
7) non-execution or improper execution of the service duties, violation of requirements of the laws and other regulatory legal acts that led to spoil or loss of the fixed property, the machinery and equipment, other loss of property, and also did harm to health of staff of body or division of civil protection or other persons;
8) unauthorized excommunication of cadets (listeners) from arrangement of educational institution;
9) failures to carry out of individual work plans by scientific, scientific and pedagogical, teaching staff, graduateds in a military academy, doctoral candidates;
10) receipt of representation of specially authorized subject in the sphere of anti-corruption and for the purpose of identification of the reasons and conditions promoting making of the corruption or connected with corruption offense, other violations of requirements of the Law of Ukraine "About prevention of corruption";
11) disclosure of the confidential, classified, office or other information with limited access protected by the law, violations of the mode of privacy, loss (theft), damage of seals, stamps and forms;
12) committing by persons of the private and the commanding structure of the road accident as a result of which died or face (persons) of the private and the commanding structure of bodies and divisions of civil protection or other persons got bodily harms;
13) death or injuring of person (persons) of the private and the commanding structure;
14) suicides or attempts of suicide of person (persons) of the private and the commanding structure;
15) violation by face of the private or the commanding structure of requirements for questions of observance of the equal rights and opportunities of women and men, prevention and counteractions of discrimination on bases of sex and sexual harassments.
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