On Amendments To The Law On Diplomatic Service "

Original Language Title: Про внесення змін до Закону України "Про дипломатичну службу"

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With a k o n u r as th h s on amendments to the law on diplomatic service "(Supreme Council of Ukraine (BD), 2011, N 31, art. 296), the Verkhovna Rada of Ukraine about with t and o in l I have: I. To the law of Ukraine" about the diplomatic service "(2728-14) (Parliament, 2002, N 5, art. 29; 2003, N 4, art. 30; 2005, N 2, article 32; 2006, N 35, article 301) are as follows: 1. In the preamble the words "public servants of the foreign service" to replace the words "employees of the foreign service of Ukraine".
2. in part 1 of article 5: after the second paragraph, add three new paragraphs following contents: "protection of national interests of Ukraine, its citizens and legal persons in the sphere of international relations;
ensure the unity of the foreign political course of the State;
using the benefits of international communication to promote domestic development, strengthen national security and position in the world. "
In this regard, paragraphs third 17th considered in accordance with paragraphs sixth-dvadcâtim;
After paragraph the seventeenth supplement new paragraph the following text: "the development of ties with foreign nationality and their NGOs, coordination of the activities undertaken by the executive authorities in this field."
In this regard, paragraphs eighteenth-twentieth considered in accordance with paragraphs's twenty first.
3. Article 6 to lay out in the following wording: "article 6. A system of bodies of the foreign service system of bodies of the diplomatic service consists of: the Ministry of Foreign Affairs of Ukraine, representatives of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine, foreign diplomatic institutions of Ukraine.
The Ministry of Foreign Affairs of Ukraine is the central body of the Executive power that ensures the implementation of foreign policy and the coordination of the activities of the public authorities in the sphere of external relations.
The status, objectives and functions of the Ministry of Foreign Affairs of Ukraine are determined by this law, other laws of Ukraine, as well as the regulations of the Ministry of Foreign Affairs of Ukraine (960-2006-p), which is approved by the President of Ukraine.
The Ministry of Foreign Affairs of Ukraine exercises its powers directly or through other bodies of foreign service.
Representative of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine are formed in regions where there are foreign consular or representative offices of international organizations.
The status, objectives and functions of the representative office of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine are determined by this law and the regulations on the representative office of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine (1050-2002-p), approved by the Cabinet of Ministers of Ukraine.
The Ministry of Foreign Affairs administers the system of bodies of the foreign service of Ukraine.
Diplomatic missions and consular institutions abroad is continually operating institutions of Ukraine, the main task of which is the representative office of Ukraine in the State of stay and maintain the official interstate relations, the protection of the interests of Ukraine, the rights and interests of its citizens and legal entities abroad.
Permanent Representative of Ukraine at the international organizations are continually operating institutions abroad, the main task of which is the delegation of Ukraine at the international organizations, maintaining with such international organizations as official relations and protection of the interests of Ukraine abroad.
The status, tasks and functions of diplomatic representation abroad, Permanent Representative of Ukraine at the international organization shall be determined by this law, the provisions of the diplomatic representation of Ukraine in another State and the provisions of the Permanent Representative of Ukraine to the international organizations that are approved by the President of Ukraine.
The status, tasks and functions of the consulate abroad are defined by this law and Consular statute (127/94), which is approved by the President of Ukraine.
In the system of organs of the foreign service of Ukraine can be formed for special missions, as well as a delegation to the session of the international organizations, status, objectives and functions of which depending on the level of the mission are determined by the President or the Minister of Foreign Affairs of Ukraine.
Special missions are temporary missions by their nature represent Ukraine and Ukraine sent to another State for her consent to deal with this state of certain issues or to perform on her task.
Direct leadership bodies of the foreign service provides the Minister of Foreign Affairs of Ukraine. "
4. Article 7, put in the following wording: article 7. Financial and logistics diplomatic service funding and logistics diplomatic service are carried out at the expense of the State budget of Ukraine ".
5. in article 9:1) name put in the following wording: "article 9. Requirements and procedure for admission to the diplomatic service ";
2) part of a second after the words "who have the" add the words "relevant professional education";
3) of the fourth outline in the following wording: "taking on the diplomatic service is carried out on a competitive basis, except when the appointment to the diplomatic post of President of Ukraine carries out in accordance with the Constitution of Ukraine (254 k/96-VR). The order of holding the competition for making the diplomatic service is determined by the Cabinet of Ministers of Ukraine ";
4) of the sixth put in the following wording: "the Minister of Foreign Affairs of Ukraine has the right to filter and receive individuals for positions to work in the patronatnìj service that provides its activities. The procedure of passing the foreign service such persons is established by the Cabinet of Ministers of Ukraine ".
6. Article 11 is to lay out in the following wording: "article 11. The period of testing and training while taking on the diplomatic service when making a diplomatic service for persons who are applying for a position in the system of organs of the foreign service, can be set up trials of up to six months to test their professional and business qualities. Persons who have such a test are exempted from diplomatic service.
In order to gain practical experience, professional and business qualities of the persons claiming to the position in the system of organs of the foreign service, may be conducted her internship for up to two months of salary for the main place of work.
The procedure for conducting such training is established by the Cabinet of Ministers of Ukraine ".
7. in article 12:1) first part of lay in the following wording: "Diplomatic staff are diplomatic service at the diplomatic posts of the system of bodies of the foreign service.
Diplomatic staff are diplomatic service also on the respective positions of structural divisions of administration of the President of Ukraine to ensure the exercise of the powers of the President of Ukraine in the international sphere, on the respective positions of structural subdivisions of the Verkhovna Rada of Ukraine and the Secretariat of the Cabinet of Ministers of Ukraine to ensure the representation of the Chairman of the Verkhovna Rada of Ukraine and the Prime Minister of Ukraine in relations with the authorities of other States and the implementation of measures for international cooperation of the Verkhovna Rada and the Cabinet of Ministers of Ukraine ";
2) in part the second: paragraph 1 Add the words "representative of Ukraine at the international organization";
paragraph 2 Add the words "Counsellor-Envoy";
paragraph 3, put in the following wording: "3) Deputy Permanent Representative of Ukraine at the international organization, the Deputy Representative of Ukraine at international organizations, Consul General of Ukraine, head of the consular section";
in paragraph 5, the word "Ukraine" to exclude;
3) in point 3, part three "(fixed-term employment contract) replace the word" (contract) ";
4) part of the fourth outline in the following wording: "Foreign Service Employees who work in the system of organs of the foreign service, by their consent can be transferred, temporarily seconded to other bodies of State power of Ukraine to perform diplomatic functions or aimed at training, training to improve professional qualifications";
5) of the sixth put in the following wording: "after the expiration of such secondment or transfer of staff of a foreign service officer appointed to the post, is not lower for the one they occupied prior to secondment, transfer, training or education.
8. Article 13 put in the following wording: article 13. Appointment to the diplomatic post and dismissal of them Foreign Minister appointed by the President of Ukraine for the submission of the Prime Minister and dismissed by the President of Ukraine.
Extraordinary and Plenipotentiary Ambassador, Permanent Representative of Ukraine at the international organization, the representative of Ukraine at the international organization are appointed to Office and released from Office by the President of Ukraine for the submission of the Minister

Foreign Affairs of Ukraine. Decrees of the President of Ukraine on these issues they carry the signatures of the Prime Minister and Minister of Foreign Affairs of Ukraine.
Appointment of other diplomatic posts and release of these posts are made in accordance with the law. "
9. Article 15 to lay out in the following wording: article 15. Operating personnel foreign service Diplomatic service has staff that is formed on a contract basis with citizens of Ukraine, and in case of necessity-of aliens.
The rights and obligations of members of staff are determined by the Ministry of Foreign Affairs of Ukraine in accordance with the legislation of Ukraine, taking into account the specific features of the respective categories of such staff.
Regulations on the maintenance staff and the list of posts that match is carried out by employees of the staff in the system of organs of the foreign service, approved by the Minister of Foreign Affairs of Ukraine. "
10. Turn on section III of this content: "Chapter III. DIPLOMATIC Article 16. List of diplomatic ranks of Diplomatic rank-a special title that under this Act are conferred diplomatic employees for life.
In Ukraine are set following diplomatic ranks: Ambassador Extraordinary and Plenipotentiary;
Envoy Extraordinary and Plenipotentiary of the first class;
Ambassador Extraordinary and Plenipotentiary Envoy of the second class;
Counsellor first class;
Advisor of the second class;
First Secretary of the first class;
First Secretary of the second class;
Second Secretary of the first class;
Second Secretary of the second class;
Third Secretary;
attache.
Diplomatic rank of extraordinary and Plenipotentiary Ambassador to the officer equivalent to the ranks of civil servants according to the first to the eleventh rank: Ambassador Extraordinary and Plenipotentiary-1 rank public servant;
Envoy Extraordinary and Plenipotentiary of the first class-2 rank public servant;
Ambassador Extraordinary and Plenipotentiary Envoy of second class-3 rank public servant;
Counsellor first class-4 rank public servant;
Advisor to the second class-5 rank public servant;
First Secretary of the first class-6 rank public servant;
First Secretary, second class-rank public servant;
Second Secretary of the first class-8 rank public servant;
Second Secretary second class-9 rank public servant;
Third Secretary-10 rank public servant;
attache-11 rank public servant.
Article 17. The order of assignment and deprivation of diplomatic ranks of Diplomatic employees, who work in the system of organs of the foreign service, the diplomatic ranks from officer to Counselor first class assigned to the Minister of Foreign Affairs of Ukraine.
The assignment of the diplomatic ranks Attaché, Third Secretary, Second Secretary Second Secretary second class, first class, first Secretary of the second class, first Secretary of the first class, second class Adviser and counselor of the first class is carried out by order of the Minister of Foreign Affairs of Ukraine.
Individuals who do not have diplomatic rank and taken positions in the structural divisions of the presidential administration to ensure the implementation of the President of Ukraine of powers in the foreign policy sphere, as in structural subdivisions of the Verkhovna Rada of Ukraine and the Secretariat of the Cabinet of Ministers of Ukraine to ensure the representation of the Chairman of the Verkhovna Rada of Ukraine and the Prime Minister of Ukraine in relations with the authorities of other States and the implementation of measures for international cooperation of the Verkhovna Rada and the Cabinet of Ministers of Ukraine , diplomatic rank is assigned by the heads of these bodies in the manner prescribed by law.
Assigning of diplomatic rank is carried out according to the post, which holds a State servant, as well as taking into account his qualifications and work experience and in compliance with the terms of staying in the diplomatic ranks. Compliance with the posts of civil servants diplomatic rank is determined by a list of posts, prescribed by the diplomatic ranks (301/2002), which is approved by the President of Ukraine.
Diplomatic rank of extraordinary and Plenipotentiary Ambassador, extraordinary and Plenipotentiary Envoy of the first class, Ambassador Extraordinary and Plenipotentiary Envoy of the second class are assigned to diplomatic employees of the President of Ukraine for the submission of the Minister of Foreign Affairs of Ukraine.
The Minister of Foreign Affairs of Ukraine is in the established order the rank of extraordinary and Plenipotentiary Ambassador.
The assignment of the diplomatic ranks of extraordinary and Plenipotentiary Ambassador, extraordinary and Plenipotentiary Envoy of the first class, Ambassador Extraordinary and Plenipotentiary Envoy of the second class is carried out according to the Decree of the President of Ukraine.
Persons to whom was awarded the diplomatic rank of extraordinary and Plenipotentiary Ambassador, extraordinary and Plenipotentiary Envoy of the first class, Ambassador Extraordinary and Plenipotentiary Envoy of the second class, is being awarded the corresponding Diploma signed by the President of Ukraine. The provisions of the Charter and order its handing of the approved by the President of Ukraine.
For individuals, which was awarded the diplomatic rank of extraordinary and Plenipotentiary Ambassador, as well as by their wives (husbands) is stored right on the use of the diplomatic passport for life.
The person who first enrolled on a competitive basis to the position in the diplomatic service, Minister of Foreign Affairs of Ukraine is usually the lowest rank to which attributed her position by the decision of the Committee of the Ministry of Foreign Affairs of Ukraine.
Persons appointed to the diplomatic post with a valid test, ranks are assigned by its results.
The following assignment of diplomatic rank is carried out in compliance with the terms of staying in the diplomatic ranks.
Another diplomatic rank may not be assigned to foreign service worker, which over the past year used disciplinary action, disciplinary measures, as well as during the official investigation or staying under investigation of such employee.
In the case of the appointment of the diplomatic employee at the highest position it can be assigned to another diplomatic rank without taking into account the terms of staying in the diplomatic ranks, stipulated in article 18 of this law.
In some cases, the successful execution of critical tasks and special merits diplomatic employees can be assigned to another diplomatic rank ahead of time, before the end of the deadline stipulated in article 18 of this law.
Not allowed early appropriation of the diplomatic rank of two times in a row.
If the diplomatic worker moved to a lower position or left the diplomatic service, which then returned, he kept this diplomatic rank.
The diplomatic ranks, usually assigned individuals to achieve the limit age stay in the foreign service. For conscientious labour diplomatic worker in the event of retirement or resignation for health reasons can be assigned to the next diplomatic rank.
In labor book diplomatic worker made the records of the diplomatic ranks, about getting rid of the diplomatic rank, and prirìvnennâ them to the ranks of civil servants.
This information is logged to the personal affairs of the diplomatic worker.
Employees of other public authorities, temporarily vìdrâdženim to a foreign service officer for the performance of official duties, as well as employees who hold regular diplomatic posts at the time (the contract), the diplomatic is not assigned.
A category of persons is assigned in the established order rank of a public servant.
The diplomatic worker, which was awarded the diplomatic rank, can be deprived of diplomatic rank, only a court verdict in the case of committing it serious or especially serious crime, as well as in the event of termination of Ukrainian citizenship.
Getting rid of a diplomatic employee of diplomatic rank means depriving it of all previous ranks.
Deprivation of diplomatic rank in the case of termination of a diplomatic employee of the Ukrainian citizenship is made by the body or official, which it was awarded.
Article 18. Period of stay in the diplomatic ranks are established the following terms of stay of diplomatic staff in the diplomatic ranks: Attaché, Third Secretary, Second Secretary Second Secretary second class, first class, first Secretary of the second class-two years;
First Secretary of the first class, second class advisor to three years.
Period of stay in the diplomatic ranks first class Adviser, Ambassador Extraordinary and Plenipotentiary Envoy of the second class, Ambassador Extraordinary and Plenipotentiary Envoy of the first class not installed.
Article 19. The ranks of the administrative-technical staff of administrative and technical employees are not diplomatic. They are assigned ranks of civil servants in the manner established by the law of Ukraine "on State Service (3723-12).
11. Article 20 lay in the following wording: "article 20. The General procedure for the passage of the foreign service and the rotation of diplomatic employees of the Diplomatic service of its employees in the Ministry

Foreign Affairs, representative offices of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine, foreign diplomatic institutions of Ukraine, as well as in structural subdivisions of the presidential administration to ensure the implementation of the President of Ukraine of foreign powers in the sphere of structural subdivisions of the Verkhovna Rada of Ukraine and the Secretariat of the Cabinet of Ministers of Ukraine to ensure the representation of the Chairman of the Verkhovna Rada of Ukraine and the Prime Minister of Ukraine in relations with the authorities of other States and the implementation of measures for international cooperation of the Verkhovna Rada and the Cabinet of Ministers of Ukraine.
In the system of organs of the foreign service is carried rotating foreign service employees.
Foreign service employees are subject to rotation and sent in a long-term business trip with regard to their professional training, specialization and experience, as well as proprietary.
The order of rotation of employees of a foreign service officer in the system of organs of the foreign service is determined by the Minister of Foreign Affairs of Ukraine.
Before sending in the long-term secondment of employees of the foreign service are necessary.
The procedure for conducting such training is determined by the Minister of Foreign Affairs of Ukraine.
Employees of the foreign service after graduating from the previous long-term business trip sent the following long-term business trip is usually not earlier than in two years. "
12. Article 21:1) after part three add two new sections of the following contents: "after the end of the long trip foreign service employees respond in the manner prescribed by law.
In connection with the service the necessity of foreign service workers in individual cases can be transferred to other foreign diplomatic institutions of Ukraine in order and on conditions set by order of the Minister of Foreign Affairs of Ukraine. "
In this regard, part of the fourth take of the sixth;
2) of the sixth put in the following wording: "after the end of the long trip to the employees of a foreign service officer is provided with the previous post or post is not lower than that which he held employee's mission, and in case of impossibility of giving such post-worth to her position in the system of organs of the foreign service."
13. Article 24, put in the following wording: "article 24. Passing the foreign service employees of other government employees of other public authorities might be temporarily seconded to the diplomatic service for the performance of official duties.
During this trip they are not covered by chapter III of this law.
After completing the temporary secondment of employees of other public authorities sent the bodies from which they were dispatched to solve the question of further employment.
Passing the foreign service employees of other public authorities is governed by the regulations about the passage of foreign service employees of other public authorities, approved by the President of Ukraine. "
14. Article 26 put this wording: "article 26. Diplomatic Academy of the Ministry of Foreign Affairs at the Ministry of Foreign Affairs of Ukraine valid diplomatic Academy of Ukraine.
The status, tasks and functions of the Diplomatic Academy of the Ministry of Foreign Affairs of Ukraine are determined by law and by the Charter of the Diplomatic Academy of the Ministry of Foreign Affairs of Ukraine (779-96-p), which is approved by the Cabinet of Ministers of Ukraine.
Diplomatic Academy of the Ministry of Foreign Affairs of Ukraine is the industry of the institution of the system of diplomatic service, the main task of which is the preparation and improvement of professional skill of workers of diplomatic service, employees of other public authorities involved in foreign relations of Ukraine, as well as conducting scientific research in the field of international relations.
Rector of the Diplomatic Academy of the Ministry of Foreign Affairs of Ukraine, his deputies, heads of departments and their deputies are employees of the foreign service posts of which routinely posts belong to the diplomatic staff.
Persons who at the time of appointment to the staff of the lecturing and administrative positions by the Diplomatic Academy of Ukraine at the Ministry of Foreign Affairs of Ukraine in accordance with diplomatic rank or rank public servant, are employees of the foreign service. "
15. Regarding the second article 33: in the fifth paragraph the words "or extraordinary exclude;
Add to this the seventh paragraph: "awarding received awards from the Ministry of Foreign Affairs of Ukraine."
16. the first part of article 34 to lay out in the following wording: "the diplomatic service relies disciplinary responsibility for failure or improper performance of duties, exceeding of official powers, violations of restrictions associated with being in the foreign service, as well as acts detrimental to them and discredits the body in which they work."
17. in article 35:1) after the part of the fourth supplement the new part of the following content: "the size of the allowances for the diplomatic diplomatic employees are established by the Cabinet of Ministers of Ukraine".
In this regard, part of the fifth-eighth count respectively parts of the sixth-ninth;
2) part of an eighth lay in the following wording: "employees of the foreign service, aimed at a long-term business trip, in addition to the wage defined by this article receive compensation in foreign currency that are not subject to taxation.
18. In article 37:1) of the seventh put in the following wording: "the time of staying abroad to spouse of foreign service employee at the place of passing the foreign service, business trip to foreign diplomatic institutions is credited to insurance record, the Ministry of Foreign Affairs, makes an entry in the labor book specified persons";
2) after part of the seventh to complement the new part of the following content: "procedure for calculating insurance record specified categories of persons set by the Cabinet of Ministers of Ukraine".
In this regard, part of the 8th take part of the ninth.
19. Article 39 lay in the following wording: "article 39. Compensation in case of death (death) or damage to the health of the employee's foreign service health and life of employees foreign service subject to mandatory State insurance in accordance with the legislation of Ukraine.
Employees of the foreign service, aimed at long-term secondment, subject to mandatory State medical insurance in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
In the case of death (death) the employee's foreign service during the execution of the tasks assigned to the duty of the family of the deceased are carried out compensation in the amount of 10 years salary for the last post, which he held employee in State authorities and, in the case of a stay in a long-term business trip-the latest of his post to the direction in the long-term.
In the case of death (death) extraordinary and Plenipotentiary Ambassador of Ukraine or Ukraine's Permanent Representative, the representative of Ukraine at the international organization during the performance of official duties, the costs associated with the Organization and holding of burial ritual, as well as with his tombstone at the grave, are carried out by the State in the manner prescribed by the Cabinet of Ministers of Ukraine.
In the case of injury to the worker of a foreign service officer during the performance of official duties, injury or other damage to health, which precludes continuation of the it professional, he has made compensation in the amount of five-year salary for the last post, which he held employee in State authorities and, in the case of a stay in a long-term business trip-the latest of his post to the direction in the long-term.
In addition, such an employee shall be paid monthly compensation in the amount of the difference between lost wages and the designated retirement age without taking the lump sum insured.
20. the second part of article 41 to supplement paragraph 8 following contents: 8) expiry of contract, or breach of contract. "
21. Article 42 lay out in the following wording: article 42. Limit age stay in the foreign service Limit age stay in the foreign service is 60 for men and 55 years for women.
The diplomatic worker, appointed to the post of Minister of Foreign Affairs of Ukraine, which reached the limit of age stay in the foreign service, can remain on the diplomatic service before reaching the age of 65 men and 60 years of age women based on their own statements by decision of the Minister of Foreign Affairs of Ukraine.
Foreign service employee assigned to the diplomatic

the post of the President of Ukraine, which reached limiting age stay in the foreign service, can remain on the diplomatic service on adequacy until the age of 65 men and 60 years of age women on the basis of the submission of the Minister of Foreign Affairs of Ukraine on the decision of the President of Ukraine.
After reaching a diplomatic officer who is on the foreign service, the age of 65 for men and 60 years of age for women so a worker can be left to the foreign service only on the Advisor or consultant by decision of the Minister of Foreign Affairs of Ukraine.
Persons who hold diplomatic posts in accordance with the law and have the rank of extraordinary and Plenipotentiary Ambassador, may be in the positions of employees foreign service after reaching the age limit of stay on the diplomatic service of the decision of the authority or official that appointment to the respective diplomatic posts.
II. Final provisions 1. This law comes into force from the day of its publication.
2. the enforcement of other laws in conformity with this law they are acting in the part that does not contradict this law.
3. Contribute to the law of Ukraine "on mandatory State pension insurance" (1058-15) (Supreme Council of Ukraine, 2003, NN 49-51, article 376; 2005, NN 17-19, 267;
2006, N 16, art. 136; 2007, N 27, art. 361; 2008, NN 5-8, St. 78, N 27-28, cent. 253) are as follows: article 11 Add item 19 of the following contents: "19) wife (male) employees of the foreign service-during the stay abroad at the place of passing the foreign service spouse";
in the fourth paragraph of point 1 of article 14 of the word and figure "paragraph 5" replaced by the word and figures "paragraphs 5, 19.
4. Recognize the validity of the law of Ukraine "about the diplomatic ranks of Ukraine" (253-15) (Supreme Council of Ukraine, 2003, N 4, art. 30).
5. The Cabinet of Ministers within three months from the date of enactment of this Act: Verkhovna Rada of Ukraine suggestions on amendments to the laws of Ukraine arising out of this law;
to bring their regulations into conformity with this Act;
ensure the adoption of the regulations stipulated by this law;
ensure the review and cancellation of ministries and other central bodies of executive power of their normative legal acts that contradict this law.

President of Ukraine Viktor Yanukovych in Kiev, January 11, 2011, 2911 N-VI

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