ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of December 16, 2013 No. 1490

About approval of the Procedure for hearing of cases about violation by legal entities of requirements of the legislation in the field of the state export control

According to articles 24-26 of the Law of Ukraine "About the state control of the international transfers of military goods and double use" and the Regulations on Public service of export control of Ukraine approved by the Presidential decree of Ukraine of April 8, 2011 No. 448, I order:

1. Approve the Procedure for hearing of cases about violation by legal entities of requirements of the legislation in the field of the state export control which is applied.

2. Declare invalid the order of Public service of export control of Ukraine of January 26, 2010 No. 8 "About approval of Rules of hearing of cases about violation by legal entities of requirements of the legislation of the state export control", registered in the Ministry of Justice of Ukraine on February 18, 2010 for No. 173/17468 (with changes).

3. To department of economy of defense and to ensure safety submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

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

5. To impose control of execution of this order on the Chairman of Public service of export control of Ukraine Demekhin V. A.

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of December 16, 2013, No. 1490

Procedure for hearing of cases about violation by legal entities of requirements of the legislation in the field of the state export control

I. General provisions

1.1. This Procedure establishes procedures of consideration by Public service of export control of Ukraine (further - Goseksportkontrol) cases on violation by subjects of implementation of the international transfers of goods - legal entities (further - legal entities) requirements of the legislation in the field of the state export control.

1.2. Production task on cases on violation by legal entities of requirements of the legislation in the field of the state export control (further - case) is timely, complete and objective clarification of circumstances of each case, permission it according to the legislation, ensuring execution of the passed decision, identification of the reasons and conditions leading to making by legal entities of violations of requirements of the legislation in the field of the state export control (further - violations), and also prevention of violations.

1.3. Goseksportkontrol officials within the powers shall take in case of identification of signs of violation all necessary measures for factual determination of violation and its documentary registration, and also timely apply stipulated by the legislation sanctions.

1.4. The responsible division of Goseksportkontrol performing law enforcement functions is the department of law enforcement and investigations in the field of the state export control.

1.5. Operating units determine departments, managements, Goseksportkontrol's departments performing functions on the corresponding activity in the field of the state export control.

1.6. Preparation of cases for consideration is performed by the official of responsible division of Goseksportkontrol authorized by Goseksportkontrol's order (further - the authorized person) with involvement of officials of operating unit.

The decision on imposing of penalties is made by Goseksportkontrol's Chairman, his first deputy or the deputy (further - the head) according to distribution of obligations or the order of the Chairman Goseksportkontrol within ten days from the date of receipt of the materials necessary for permission of case.

1.7. The head shall take when considering the case all stipulated by the legislation measures for comprehensive, complete and objective investigation of the facts of the case.

1.8. In case of identification of signs of violation of the law which consideration is not included into Goseksportkontrol's competence the authorized person in accordance with the established procedure informs on it the relevant state bodies.

1.9. The legal entity can be made responsible within six months from the date of violation identification, but not later than in one year from the date of violation by it established by the Law of Ukraine "About the state control of the international transfers of military goods and double use" (further - the Law) of requirements.

1.10. In case violation is made as a result of collateral actions of several legal entities, the cases in the relation of these persons are submitted at the request of the head to one authorized person for their simultaneous preparation for joint consideration.

1.11. Consolidation of cases concerning legal entities in one production or allocation of case concerning the legal entity in separate production is allowed only if it will promote comprehensive, complete and objective investigation of the facts of the case and decision making on case.

II. Questions of proceeedings

2.1. In case of identification of signs of possible violations the official of operating unit of Goseksportkontrol prepares the message in which information on the bases for its creation with reference to identification of the goods specified in this message, and feature of implementation of their international transfers (if identification was carried out by Goseksportkontrol) is provided and specifying of the corresponding paragraph of article 24 of the Law.

The message is transferred to responsible division of Goseksportkontrol for implementation of the actions provided by Articles 23 - 28 Laws.

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