Of The Disciplinary Statute Of The State Service Of Special Communication And Information Protection Of Ukraine

Original Language Title: Про Дисциплінарний статут Державної служби спеціального зв'язку та захисту інформації України

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/373-17

                                                          
With a k o n u r as th n and {Act repealed by law N 1194-VII (1194-18) from 09.04.2014, VVR, 2014, N 25, 890} Of the disciplinary statute of the State service of special communication and information protection of Ukraine (Verkhovna Rada of Ukraine (BD), 2009, N 9, art. 114) {amended in accordance with the laws of 4711 N-VI (4711-17) from 17.05.2012 , VVR, 2013, N 14, 89 N 245-VII (245-18) from 16.05.2013, VVR, 2014, N 12, article 178 of the Verkhovna Rada of Ukraine} p o s t a n o in l I is: 1. To approve the disciplinary statute of the State service of special communication and information protection of Ukraine (attached).
2. this Act comes into force from the day of its publication.

President of Ukraine v.Yushchenko Kyiv, September 4, 2008, 373 N-VI APPROVED the law of Ukraine on September 4, 2008, 373 N-VI the DISCIPLINARY STATUTE of the State service of special communication and information protection of Ukraine this Charter defines the essence of service discipline, duties of officers and enlisted persons of the composition of the State service of special communication and information protection of Ukraine (hereinafter-the person of the rank and boss) regarding its compliance with the types of rewards and disciplinary penalties, procedure and the rights of the chiefs for their application, as well as the procedure for appeal against the disciplinary penalties.
Chapter I General provisions article 1. Discipline 1. Discipline-abiding persons privates and officers part of the Constitution (254 k/96-VR) and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, other regulatory legal acts, orders of the State service of special communication and information protection of Ukraine, as well as oath, consisting of persons of rank and boss of the warehouse in accordance with the law.
2. Discipline in the State service of special communication and information protection of Ukraine is achieved: the creation of the appropriate conditions for passing the service persons of the privates and officers;
obtaining a high level of professionalism;
ensuring openness and objectivity during the evaluation of the results of business activities;
compliance with the rule of law;
daily vimoglivìstû bosses to subordinates, the constant concern about them, differentiating between respect for their personal dignity;
the education of officers and privates in the composition of high moral and business qualities;
ensuring social justice, a high level of legal and social protection;
correct application of disciplinary measures;
the proper execution of the contract about service.
Article 2. Superiors and subordinates, the older and the younger rank and title 1. The head of a boss-a person, who has the right to give orders and orders, use promotion and impose disciplinary penalties or violate a petition is before senior direct boss.
2. Chiefs, who face ordinary and officers subordinate to the warehouse to service at least temporarily, if it is announced by the order, are considered to be direct.
3. The closest subordinates direct head is his direct boss.
4. persons enlisted and officers, on the level of the post and not subordinate to each other through the service, may be older or younger, in accordance with a special title.
5. In the case of joint performance of official duties by persons enlisted and officers, not subordinate to one another to service, the oldest is considered to be the person who determined the head or holds a higher position. At equal positions of Chief of the special has an older title.
6. In the case of provisional duties if that is declared by order of the authorities, the head of established disciplinary bar enjoys a position which it holds temporarily.
7. the Chiefs within the given them authority may issue orders which are binding.
Article 3. Orders 1. The order is a form of realization of the Authority faces a boss, according to which the aim and subject of the task, the time of its execution and the person responsible, which owns it.
2. orders can davatis′ both oral and in writing.
3. In the case of the receipt of the order from the senior direct Chief of the subordinate is obligated to perform it and inform his immediate superior.
4. To cancel the order is entitled only to the head of the authority that issued the corresponding Decree, or senior direct the head.
5. orders must be legitimate, clear and executed there accurately and in time.
6. In the case of the receipt of the order, which is contrary to the law, the subordinate must not obey it, which immediately informs the boss who gave the order, and in the case of confirmation of this order-writing informs the senior direct superior.
7. Issuance and execution of the order, which is contrary to the law, or fails to meet lawful order entails the responsibility stipulated by this Statute and by other legislative acts.
Article 4. Encourage persons of ordinary and officers of 1. Promotion is an important means of impact on the persons enlisted and officers and strengthen service discipline, which is implemented in the form of measures of material and moral incentives that apply to ordinary people and for officers of the composition of a good attitude to their official duties.
2. Person of the rank and boss part encouraged by good and flawless execution of official duties.
Article 5. Disciplinary offences 1. Disciplinary offences-non-compliance or improper compliance officers or enlisted person of the warehouse service.
Article 6. Responsible persons of the privates and officers of 1. For committing a disciplinary offences of the person of the rank and boss part bear disciplinary responsibility in accordance with this Statute.
2. the persons enlisted and officers, which in accordance with the legislation were brought to administrative, criminal or financial responsibility, at the same time can carry and disciplinary liable in accordance with this Statute.
Article 7. Accounting recognition and disciplinary penalties 1. Accounting recognition and disciplinary penalties applicable to persons of rank and boss, the leading divisions of staffing the specifically authorized central body of the Executive power on the Organization of special communication and information protection, assigned to the regional authorities and territorial subdivisions, as well as the institutions and agencies of the State service of special communication and information protection of Ukraine.
2. information on incentives and disciplinary penalties applied to persons of rank and boss, recorded in the month up to the personal affairs of these individuals indicating the following data: 1) who, when and on what basis applied the promotion or disciplinary penalty imposed;
2) number and date of the order about the promotion or the imposition of disciplinary action, mark review of orders and information about whether or not oskaržuvavsâ order of imposing disciplinary action (and in the case of appeal against the decision taken, by whom and when);
3) number and date of the order about removal of disciplinary action or mark the end of the period of its validity.
Chapter II obligations of the PERSONS ENLISTED and OFFICERS CONCERNING the COMPOSITION of the PROPRIETARY DISCIPLINE Article 8. The duties of the persons enlisted and officers of 1. Discipline is based on higher consciousness and obliges every person enlisted and officers: follow the Constitution (254 k/96-VR) and the laws of Ukraine, oath, consisting of persons of rank and boss of the warehouse in accordance with the law and orders of superiors;
adhere to the standards of professional and business ethics;
keep state secret;
grin all the difficulties and limitations associated with the service;
constantly improve their professional level;
assist superiors in strengthening business discipline;
Discover the respect to colleagues on service, adhere to internal regulations, wearing a prescribed form of clothing, greetings and etiquette;
with dignity and honor to treat in off-duty time;
keep and maintain in good condition handed over her use of property and equipment.
2. in the case of violations of the law, corruption offences or receiving information about committing such offences, abuse or other offenses in business activities of the individual Member or boss part should take measures to end these violations and report it directly or senior direct boss.
{Part two article 8 amended by law N 4711-VI (4711-17) from 17.05.2012} Article 9. The Acting Head of the 1. The head bears the personal responsibility for the State of
service discipline and must constantly monitor. The head must be in compliance with legality, official discipline, impeccable execution of requirements of the oath, which consists of ordinary individuals and for officers of the composition according to the law, the orders, in observing professional and business ethics, educate and sustain in subpages conscientious attitude to performance of official duties, honor and dignity, encourage initiative, independence, diligence to properly apply disciplinary measures.
2. Special attention to the head should be given to the study of individual qualities, education of respectful attitude to one another, creating a healthy moral-psychological climate in a group, its consolidation, to prevent a violation of official discipline and determination of reasons for their učinennâ, forming intolerable attitude to infringers, while taking into consideration the opinion of the team.
3. The Chief shall warn about inadmissibility of violation of service discipline, and in case of Commission of a subordinate to such acts-if necessary, impose on him the disciplinary penalty or disrupt an imposing collection of senior direct boss.
4. Senior title and position in all cases obliged to require junior a title and position compliance service.
5. The head of the State service of special communication and information protection of Ukraine, heads of regional bodies, territorial divisions, establishments and institutions of the State service of special communication and information protection of Ukraine in case of the detection of corruption offences committed by a person of ordinary or officers, are obliged within its powers to take measures to end such violations and to report it to the Commission specifically authorized entity in the field of corruption.
{Article 9 Update: part five according to law N 4711-VI (4711-17) from the 17.05.2012} Partition III PROMOTION of Article 10. Types of recognition 1. The persons enlisted and officers may be applied the following promotions: 1) early withdrawal disciplinary action;
2) announcements of gratitude;
3) monetary reward;
4) awarding a valuable gift;
5) award the diploma of the State service of special communication and information protection of Ukraine (z0250-13);
6) awarding received awards from the State service of special communication and information protection of Ukraine;
7) early assignment of the next special ranks;
8) assigning special ranks higher on one degree from the title under zajmanoû staff posts;
9) Awards honors the State service of special communication and information protection of Ukraine "firearm."
2. Honors the State service of special communication and information protection of Ukraine "firearm" has the right to award the Head of the State service of special communication and information protection of Ukraine persons for officers of the warehouse for perfect long-term service, strengthening national security, exemplary duty found in this honor and Valor.
3. The students of educational institutions of the State service of special communication and information protection of Ukraine in addition to incentives provided by part one of this article, may also be applied: 1) Cadet or listener bragging rights be protected sfotografovanim the flag at school and then handing him the photographs;
2) referral to parents kursanta the letter with gratitude;
3) allowing an extraordinary release from the location of the educational institution;
4) providing short-term leave lasting up to five days.
4. For the courage, bravery, heroism, special merits to the State in the business activities of the person of the rank and boss may be presented to the conferment and awarding the State prizes and awards of the President of Ukraine.
Article 11. Rights of the chiefs on the application of the recognition 1. The head of the State service of special communication and information protection of Ukraine has the right to apply the incentives provided for by this Statute, all privates and officers.
2. Deputy Head of the State service of special communication and information protection of Ukraine, heads of regional bodies, territorial units, as well as the institutions and agencies of the State service of special communication and information protection of Ukraine have the right to apply the incentives provided for by paragraphs 1 to 4, 7 and 8 of article 10 of the Charter, and the heads of educational institutions of the State service of special communication and information protection of Ukraine have the right to apply also to encourage provided by third part of article 10 of the Charter.
3. Promotion, provided for in paragraphs 7 and 8 of article 10 of the Charter, have the right to apply the chiefs entitled to assignment of the appropriate special ranks.
4. Heads of structural subdivisions of the specifically authorized central body of the Executive power on the Organization of special communication and information protection have the right to apply the incentives provided for in clauses 1-4 of article 10 of the Charter.
5. Heads of departments that are part of the regional authorities, territorial units, as well as the institutions and agencies of the State service of special communication and information protection of Ukraine have the right to apply the incentives provided for by paragraphs 1 (on top of them disciplinary penalties) and 2 of article 10 of the Charter.
6. not endowed with the right to use incentives, has the right to make representations or disrupt the petition promoting a subordinate before senior direct boss.
Article 12. Recognition procedure 1. The application of encouragement can be issued the order. The content of the order brought to the knowledge of the personnel of the State service of special communication and information protection of Ukraine, as well as personally to individuals private or a boss, which awarded.
2. Individual Member or boss, which has disciplinary penalty, can only be encouraged by this early withdrawal penalties, but not earlier than three months from the date of publication of the Decree on imposition of disciplinary action.
3. Withdrawal disciplinary action applies in the case where a person of private or for officers of the composition of the service attitude and behavior proves his fixes.
4. For the courage, bravery, heroism, special merits to the State in business activity, long unexceptionable service person enlisted and officers may be submitted to the awarding of State prizes and awards of the President of Ukraine, regardless of the presence of the disciplinary action.
5. Submission of honors, awarding the State prizes and awards of the President of Ukraine nominates the head of the State service of special communication and information protection of Ukraine.
6. the procedure for awarding a valuable gift, the monetary reward, the diploma, the insignia of the State service of special communication and information protection of Ukraine, including honors from the "firearm", establishes the Head of the State service of special communication and information protection of Ukraine.
7. the procedure of early appropriation of the next special ranks and assigning special ranks higher on one degree from the title under zajmanoû staff posts, the regulations on passage of the State service of special communication and information protection of Ukraine persons enlisted and officers composition (1828-2006-p).
Chapter IV DISCIPLINARY PENALTIES Article 13. Types of disciplinary penalties 1. On privates and officers of the composition of the State service of special communication and information protection of Ukraine for violating service discipline can overlap the following disciplinary penalties: 1) comments;
2) a reprimand;
3) severe reprimand;
4) warning about the incomplete official correspondence;
5) demotion in position;
6) decrease in rank by one degree;
7) dismissal from the service.
2. The students of educational institutions of the State service of special communication and information protection of Ukraine in addition to the penalties stipulated in part one of this article may overlap collection in the form of the deprivation of next release from the property's location.
Article 14. Rights of the chiefs for the imposition of disciplinary penalties 1. The head of the State service of special communication and information protection of Ukraine has the right to impose disciplinary penalties provided for by this Statute, all privates and officers.
2. Deputy Head of the State service of special communication and information protection of Ukraine, heads of regional bodies, territorial units, as well as the institutions and agencies of the State service of special communication and information protection of Ukraine have the right to impose disciplinary penalties provided for by part one of article 13 of the Charter, and the heads of educational institutions of the State service of special communication and information protection
Ukraine have the right to impose disciplinary penalty also provided the second part of article 13 of the Charter.
3. Disciplinary action in the form of dismissal from the service, decrease, decrease in rank to one degree of overlapping commanders, entitled in accordance with the acceptance of the service of the State service of special communication and information protection of Ukraine, appointment, assigning special ranks.
4. Heads of structural subdivisions of the specifically authorized central body of the Executive power on the Organization of special communication and information protection have the right to impose disciplinary action provided for in clauses 1-4 of article 13 of the Charter.
5. Heads of departments that are part of the regional authorities, territorial units, as well as the institutions and agencies of the State service of special communication and information protection of Ukraine have the right to impose disciplinary action provided for in clauses 1-3 of article 13 of the Charter.
6. not endowed with the right of imposing disciplinary action, has the right to break in front of senior direct the head for a person of private or a boss part to disciplinary liability.
7. The right of imposing disciplinary penalties use only direct superiors.
8. Head, which exceeded the given him the right to impose disciplinary action, shall be liable in accordance with this Statute.
9. Disciplinary penalties laid in violation of the requirements of this Statute is repealed, the Chief of the influential, or senior direct boss.
10. Senior direct the head has the right within one month from the date of imposition of disciplinary action to strengthen, and during the year to mitigate or cancel the disciplinary penalty, by Parliament subordinate to him the head, if it is established that it does not correspond to the gravity of the committed offence.
Article 15. The procedure for imposing disciplinary punishments 1. In order to clarify all the circumstances of the disciplinary offence committed by a person of ordinary or boss, the head has the right to appoint the official investigation, which is conducted with the participation of the direct superior of this person for one month. If necessary, this period may be extended by the boss, who appointed an official investigation, or the senior direct the head, but not more than one month.
2. It is prohibited to conduct an official investigation into the individuals that are clients of the offender, as well as individuals interested in tort or spìvučasnikam of the last investigation.
3. the procedure for the conduct of the official investigation shall be established by the Chairman of the State service of special communication and information protection of Ukraine.
4. Prior to the imposition of disciplinary action head or the person who holds the official investigation should take from the offending provision of a written explanation. If the offender giving explanations consists of the relevant Act.
5. On the imposition of disciplinary penalties on the offender may be ordered, the content of which is brought to the knowledge of the personnel of the State service of special communication and information protection of Ukraine.
6. Disclose disciplinary penalty represented officers in the presence of his subordinates is prohibited.
7. The content of the order brought to the knowledge of the person of ordinary, or boss, which were brought to disciplinary responsibility, under her signature. In the case of decrease in the post or dismissal from the service person of the rank, or part of a boss seems to be an extract from the order.
8. Violation of official discipline is imposed only one disciplinary penalty. In the case of service discipline several persons disciplinary penalty imposed on each separately.
9. When determining the type of disciplinary action should be considered the severity of the offence, the circumstances under which it is done, the injured, the previous behavior and recognition of her fault, her attitude to performance of official duties, skill level, etc.
10. in case of committing a small breach of service discipline head can get a verbal warning to the person of the rank, or part of a boss on the need to enforce official discipline.
11. In the case of bringing to disciplinary responsibility of persons enlisted and officers, who have a disciplinary penalty and again breaches the service discipline, disciplinary penalties imposed, should be more severe than the previous.
12. In the case of re-committing person member or boss part insignificant offences, given its netâžkostì, faithfully the attitude of this person to the performance of official duties, a short tenure (up to six months) and other valid reasons head can limit before delivery to such a person the disciplinary charge.
13. Disciplinary action in the form of demotion in rank by one degree on the persons who are the first special rank, and decrease as the individuals who hold office the lowest level, not imposed.
14. Release the persons enlisted and officers of composition from the service as a form of disciplinary action is an extreme disciplinary measure.
15. The application of disciplinary action in the form of dismissal from the service is preceded by mandatory official inquiry.
16. In the event of approval by a person of ordinary or officers part of significant deficiencies in the work during the performance of official duties, as well as those that are revealed by the results of the official investigation, can be made a regular examination of such persons.
17. In order to identify the causes and conditions that contributed to commit corruption offences, failure to comply with the requirements of the law of Ukraine "on preventing and combating corruption (3206-17) by the authorized subject in the field of fighting corruption by decision of the head of the person who committed such offence is an official investigation.
{Article 15 completed part of 1923 according to law N 4711-VI (4711-17) from 17.05.2012} 18. Individual Member or boss of the composition of the State service of special communication and information protection of Ukraine, which reported on violations of the law of Ukraine "on preventing and combating corruption," another individual Member or boss, can not be released from the service or to the dismissal or held to disciplinary liability in connection with such software. The decision to release or bringing to disciplinary responsibility challenged in accordance with the law.
{Article 15 update: part of vìsìmnadcâtoû according to the law N 4711-VI (4711-17) from 17.05.2012} Article 16. Procedure for imposition of disciplinary penalties in special cases 1. Imposition of disciplinary penalties on privates and officers of the warehouse for violations committed during duty, sentry duty service is carried out only after the end of duty, guard or replacing them with others and surrender weapons.
2. the imposition of disciplinary penalties on a person who is in a State of intoxication, as well as obtaining from her explanations should be deferred to its sobering.
Article 17. Terms of imposition of disciplinary penalties 1. Disciplinary penalty imposed in the period of up to one month from the day when the offences became known boss.
2. in the case of the fact of committing offences of the official investigation, criminal proceedings or proceedings on administrative offences on privates and for officers of the composition of the disciplinary penalty may be imposed not later than one month from the date of the end of the official investigation, criminal proceedings or proceedings on administrative offences, excluding the period of convalescence or staying on vacation.
{Part two article 17, as amended by law N 245-VII (245-18) from 16.05.2013}

3. the disciplinary penalty may not be imposed if the day committing offences has passed more than six months. During this period, won't turn on period of the official investigation, criminal proceedings or proceedings on administrative offences.
{Part three of article 17, as amended by law N 245-VII (245-18) from 16.05.2013} Article 18. Suspension from the performance of duties 1. Individual Member or officers, against whom is made official investigation can be vìdstoronena from the post of official salary, salary for special rank, seniority bonuses and other payments and allowances.
2. The decision on the suspension of the person's private or part of a boss from Office can take chiefs entitled to acceptance for service or the appointment of that person to the post, by the publication of a written order.
3. The duration of the suspension from Office ex officio shall not exceed the time allowed for the conduct of the official investigation.
4. Individual Member or boss, which reported
on suspicion of committing her crimes in the sphere of service activity and professional activities related to the provision of public services, and/or associated with abuse of his official position, shall be vìdstoronennû from the powers of the position in a manner prescribed by law.
{Article 18 update: part 4 according to law N 4711-VI (4711-17) from 17.05.2012; amended by law N 245-VII (245-18) from 16.05.2013}

5. Individual Member or boss, regarding which the drawn on administrative offences, korupcìjne can be vìdstoronena the head of the appropriate body, a unit of the institution or institutions of the State service of special communication and information protection of Ukraine from the authority to the end of the consideration of the case by the Court.
{Article 18 update: part five according to law N 4711-VI (4711-17) from 17.05.2012} Article 19. Disciplinary withdrawals and penalties 1. Disciplinary penalty is executed immediately, but not later than within a month from the day of its imposition, not counting the period of stay of persons private or officers in vacation, business trip or temporary disability. After the expiration of this period of disciplinary penalty does not work.
2. In the case of temporary disability, stay on vacation or a business trip people enlisted and officers part of such disciplinary action as the decrease in the post and dismissal from the service performed after their arrival to the place of passage.
3. the persons fault which imposed disciplinary penalties are not made without valid reasons shall be liable in accordance with this Statute.
4. In the case of a complaint fulfilling the imposed disciplinary action does not terminate.
5. Individual Member or boss of the composition is considered as not have disciplinary action if it is subsequently awarded by early withdrawal of disciplinary action, was awarded the State award or honors President or expired one year from the date of imposition of disciplinary action.
Article 20. The legal ramifications of imposing disciplinary penalties 1. Individual Member or boss, which has disciplinary penalties may not be appointed to the higher position.
Chapter V APPEAL AGAINST DISCIPLINARY PENALTIES article 21. The procedure for appeal against the disciplinary penalties 1. Individual Member or boss part has the right to appeal against the disciplinary penalty on it by Parliament to the senior direct the head up to the head of the State service of special communication and information protection of Ukraine or to the Court.
2. the disciplinary penalty may be appealed to the senior direct the head within three months from the day of acquaintance with the order of the person to which it is imposed.
3. If the issues raised in the complaint, does not belong to the authority of the Chief, who received the complaint not later than five days send supplies, reported to the applicant.
4. It is forbidden to forward for consideration by the complaint, those heads, actions or decisions which are challenged.
5. Miss the deadline for filing a complaint can be renewed senior direct the head, who has the right to impose disciplinary action.
6. Senior direct the head in case of receipt of an application for restoration of a term of a complaint should comprehensively and objectively to consider it and take a decision not later than 10 days after receipt of the application.
7. The results of the consideration of the application for restoration of a term are reported by the person or a member of a boss, which it filed, and head, which committed her disciplinary penalty.