On Amendments And Additions To The Code Of Ukraine On Administrative Offences And Criminal Code Of Ukraine

Original Language Title: Про внесення змін і доповнень до Кодексу України про адміністративні правопорушення і Кримінального кодексу України

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With a k o n u r as th h s on amendments and additions to the code of Ukraine on administrative offences and Criminal Code of Ukraine (Verkhovna Rada of Ukraine (BD), 1995, N 3, art. 20) (Introduced in BP N 296/94-VR from 15.12.94, VVR, 1995, N 3, art. 21) (amended in accordance with the code of 2341 N-III (2341-14) from 05.04.2001 , VVR, 2001, N 25-26, art. 131), the Verkhovna Rada of Ukraine n o s t a n o in l I have: I. In the code of Ukraine on administrative offences (80731 80732-10-10) (Supreme Council of USSR, 1984, annex to N 51, c. 1122) the following changes and additions: 1. To supplement the code of articles 41-1, 41-2, 41-3, 188-4, 188-5, 188-5 the following contents: "article 41-1. Failure to participate in negotiations on the conclusion, modification or amendment of collective agreement, agreement of Avoidance of individuals who represent owners or authorized them, agencies or trade union or other authorized by the labor collective bodies, representatives of labor groups from participating in the negotiations on the conclusion, modification or amendment of collective agreement, agreement, intentional violations of established laws of the period of the beginning of such negotiations or failure by the work of the commissions of representatives of parties or primirnih commissions in certain parties to the negotiation time-entails a penalty of ten minimum wages.
Article 41-2. Breach or non-fulfilment of the collective agreement, agreement Breach or non-performance of obligations of the collective agreement, entities that represent owners or authorized them, agencies or trade union or other authorized by the labor collective bodies or representatives of labour collectives – entails a penalty of up to one hundred minimum wages.
Article 41-3. Failure to provide information for collective bargaining and exercise control over the implementation of collective agreements Permitting individuals who represent owners or authorized them, agencies or trade union or other authorized by the labor collective bodies, representatives of labour collectives of the information necessary for collective bargaining and exercise control over the implementation of collective agreements, carries a penalty of five minimum wages;
' Article 188-4. -Fulfillment of the legal requirements of the State Committee of Ukraine on supervision of labour safety failure of lawful requirements of officials of bodies of State Committee of Ukraine for the Elimination of violations of the legislation on protection of labour or creating obstacles for the activity of these bodies-entails the imposition of a fine on employees to five minimum wages and officials-to fifteen the minimum wages.
Article 188-5. Non-fulfillment of legal requirements of the organs of the Ministry of environmental protection and nuclear safety of Ukraine non-fulfillment of lawful requirements of officials of bodies of the Ministry of environmental protection and nuclear safety of Ukraine to eliminate violations of OSH or creating obstacles for the activity of these bodies-entails the imposition of a fine on employees to five minimum wages and officials-to fifteen the minimum wages.
Article 188-6. Non-fulfillment of lawful requirements of officials of the State Labour Inspectorate of the Ministry of labor of Ukraine non-fulfillment of lawful requirements of officials of the State Labour Inspectorate of the Ministry of labor of Ukraine to eliminate violations of labor-entails the imposition of a fine on officials to ten minimum wages. "
2. Article 41, 93, 94, 95, 231, 242-1 put in the following wording: "article 41. Violations of the legislation on labour and labour protection requirements of the legislation on work-entails the imposition of a fine on officials of enterprises, institutions and organizations irrespective of form of ownership, entitled employment-business owners or authorized them to ten minimum wages.
Violations of the laws and regulations on the protection of labor entails the imposition of a fine on employees to five minimum wages and officials of enterprises, institutions and organizations irrespective of form of ownership, citizens-owners of enterprises or the authorized them-up to ten minimum wages;
"Article 93. Violations of the laws and regulations of the safe conduct of work in the areas of industry, violations of the laws and regulations of the safe conduct of work in industries and on the objects controlled bodies of State Committee of Ukraine, entails the imposition of a fine on employees to five minimum wages and officials of enterprises, institutions and organizations irrespective of form of ownership, citizens-owners of enterprises or the authorized them-up to ten minimum wages.
Article 94. Violations of the laws and regulations on the storage, use and accounting of explosive materials in the industries of violation of the requirements of legislative and other normative acts on the storage, use and registration of explosives materials in industries and on the objects controlled bodies of State Committee of Ukraine, entails the imposition of a fine on employees to five minimum wages and officials of enterprises, institutions and organizations irrespective of form of ownership citizens, business owners or authorized them to fifteen persons-minimum wages.
Article 95. Violation of rules and regulations on nuclear and radiation safety in the use of ionizing radiation sources a violation of official persons of the enterprises, institutions and organizations irrespective of form of ownership, citizens-owners of enterprises or the authorized persons of the rules and regulations on nuclear and radiation safety in the use of ionizing radiation sources-entails a penalty of up to 15 minimum wages;
"Article 231. Organs of the State Committee of Ukraine on supervision of labour safety bodies of the State Committee of Ukraine is considering the case of violation of the laws and regulations on the protection of labor, for the safe conduct of work, storage, use and accounting of explosive materials in industries and on the objects controlled bodies of State Committee of Ukraine on violation of the law on subsoil, as well as failure to fulfill the legitimate demands of the organs of State Committee of Ukraine (part two article 41 Article 47, 57, 58, 93, 94, 188-4).
On behalf of the organs of the State Committee of Ukraine considered the cases of administrative offences and impose administrative penalties have the right: 1) for violations of the laws and regulations on the protection of labor, for the safe conduct of work in industries and on the objects controlled bodies of State Committee of Ukraine, as well as the non-fulfillment of the legal requirements of the bodies of the State Committee of Ukraine: State inspectors-penalty to four minimum wages;
the main State inspectors, heads of Ukrainian State Committee inspections and their patrons-a fine to six minimum wages;
Heads of departments and divisions of the State Committee of Ukraine and their deputies-fine to eight minimum wages;
The Chairman of the State Committee of Ukraine and his deputies-fine up to ten minimum wages;
2) for violation of legislation about Nadra, regulations on the storage, use and registration of explosives materials in industries and on the objects controlled bodies of State Committee of Ukraine, as well as the non-fulfillment of the legal requirements of the bodies of the State Committee of Ukraine: State inspectors-fine to six minimum wages;
the main State inspectors, heads of Ukrainian State Committee inspections and their deputies-fine to nine minimum wages;
Heads of departments and divisions of the State Committee of Ukraine and their patrons-a fine up to twelve minimum wages;
The Chairman of the State Committee of Ukraine and his deputies-fine up to fifteen the minimum wages;
"Article 242-1. The bodies of the Ministry of environmental protection and nuclear safety of Ukraine, Bodies of the Ministry of environmental protection and nuclear safety of Ukraine are considering a case about the
administrative offences provided for in articles 47-50, 52, 53, 54, 57-74, 76-83, article 84 (except for inobservance of the governmental bodies that carry out the state sanitary supervision), articles 85-88, article 89 (for wildlife), articles 90, 91, 95, 153, 163 and 191-5.
On behalf of the organs of the Ministry of environmental protection and nuclear safety of Ukraine considered the cases of administrative offences and impose administrative penalties have the right: 1) for administrative offences provided for in articles 47-50, 52, 53, 54, 57-74, 76-83, article 84 (except for inobservance of the governmental bodies that carry out the state sanitary supervision), articles 85-88, article 89 (for wildlife), articles 90, 91 , 153, 163 of this code,-the Chief State Inspector of Ukraine on environment protection and his deputies, chief public inspectors of environmental protection of Autonomous Republic of Crimea, oblasts, cities of Kiev and Sebastopol and their deputies, chief public inspectors of environmental protection of the black, Azov and their deputies, senior government inspectors from the environmental protection, public inspectors of environmental protection;
2) for the offences envisaged by articles 95, 188-5 of this code, the head of the main State Inspectorate for supervision of nuclear and radiation safety of Ukraine and his deputies. "
3. In the second paragraph of article 47 of the words "up to fifty rubles, and up to a hundred roubles replace respectively" to the seven minimum wages "and" up to fifteen minimum wages. "
4. in article 57: in the second paragraph of the words "up to fifty rubles, and up to a hundred roubles replace respectively" to the seven minimum wages "and" up to fifteen the minimum wages;
in the paragraphs of the second parts of the second and third words "of up to a hundred roubles" replace the words "up to fifteen minimum wages."
5. in the second paragraph of article 58 of the words "of up to a hundred roubles" replace the words "up to fifteen minimum wages."
6. in article 221 and part 1 of article 294: the words "offences under article" replace the words and figures "offences provided for by part one of article 41, articles 41-1, 41-2, 41-3";
After the digits "187" to supplement the figures "188-1, 188-6."
7. Articles 230 and 232 exclude.
8. in paragraph 1 of article 255 of the words and figures "of the State Committee of the Ukrainian SSR on labor and social issues (article 188-1) replace the words and figures" of the organs of the Ministry of labor of Ukraine (part one of article 41, article 43-1, 41-2, 41-3, 188-1, 188-6).
(Section II repealed based on Code N 2341-III (2341-14) from 05.04.2001-comes into force 01) President of Ukraine l. Kuchma Kiev, January 19, 1995, N 8/95-VR

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