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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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C A C U A TO R S
{Law has lost validity on the basis of the Law
N 1194-VII ( 1194-18 ) from 09.04.2014, VR
2014, N 25, pp. 890}
Concerning the Disciplinary Statute of the State Service
Special communication and protection of information of Ukraine
(Information of the Verkhovna Rada of Ukraine (VR), 2009, N 9, pp. 114)
{With changes under the Laws
N 4711-VI ( 4711-17 ) of 17.05.2012, VR, 2013, N 14, pp. 89
N 245-VII ( 245-18 ) from 16.05.2013, VR, 2014, N 12, pp. 178}

Verkhovna Rada of Ukraine Oh, I am. :
1. Approve the disciplinary statute of the State Service
Special communication and protection of information of Ukraine (added).
2. This Act will take effect from the day of its publication.

President of Ukraine
Um ... Kiev, 4 September 2008
N 373-VI

APPROVED
Law of Ukraine
4 September 2008 N 373-VI
DISCIPLINARY STATUTE
Public Service Public Service
and Protection of Information of Ukraine

This Statute defines the essence of the service discipline, the duties
Members of Private and Chief of State Service
Special communication and protection of information of Ukraine (further)
Members of the General Committee) concerning its compliance,
encouraging and disciplinary charges, order and the rights of superiors
concerning their application, as well as the order of the challenge of the disciplinary
The lesions.
Section I
GENERAL PROVISIONS
Article 1. Service discipline
1. Service of Private and Private Service
The initial composition of the Constitution ( 254k/96-PL ) and laws
Ukraine, Acts of the President of Ukraine and Cabinet of Ministers of Ukraine,
Other regulations, orders of the State Service
Special communication and protection of information of Ukraine, as well as
Jurors of Private and Chief
The law is under way
2. Service discipline in the State Service of the Special
Communications and protection of information of Ukraine is achieved:
creating proper conditions for the service of the Private
and the beginning of the composition;
High level of professionalism;
Ensuring publicity and objectivity
Assessment of the results of the service;
The rule of law;
the everyday demanding of superiors to the subordinates,
Caring for them, finding out respect for their personal dignity;
upbringing in persons of the private and superiors of the high
Moral and business qualities;
Social justice, high level
Legal and social protection;
The right application of disciplinary impact measures;
Properly performing the terms of the service contract.
Article 2. Chiefs and subordinates, older and younger by rank
and the office
1. Chief of the Chief of Staff who has the right to
Give orders and orders, apply encouragement and
impose disciplinary charges or break a petition about this
before the senior direct supervisor.
2. Chiefs of Private and Chief
subordinate to service at least temporarily if announced
By order, it's considered straight.
3. The closest direct supervisor is his
The immediate boss.
4. Special and early-level personnel
posts and not subordinate to each other in service, may be
Older or younger, determined by a special
The rank.
5. In the case of joint execution of staff members
Private and superiors not subordinate to each other
by service, the eldest is considered the person who is determined by the boss or
He's got a job In equal positions, the boss is the eldest
a special title.
6. In case of temporary acting, if any
By order, the chief enjoys the disciplinary power,
The landing he held temporarily.
7. The chiefs within the given authority can issue
Orders that are mandatory for execution.
Article 3. Orders
1. The order is a form of the implementation of the office of the person
initial composition, according to which the purpose and the subject are determined
tasks, the rows of its execution and the responsible person
It belongs to him.
2. The stories can be given in both oral and written records.
form.
3. In case of an order from a senior direct supervisor
The subordinate is required to execute it and report it to its
-The immediate boss.
4. Cancel the order shall only have the boss who issued
It's an order, or a senior direct supervisor.
5. The stories must be legitimate, understandable and fulfilling.
It is undeniable, exactly and in the defined lines.
6. In case of an order that contradicts the law, the subordinates
You shouldn't have to do anything to inform the boss immediately,
who gave the order, and in case of confirmation of this order-written
"Informing the Senior Direct Head".
7. Subvention and execution of an order that contradicts the law, or
Non-fulfillment of legal orders entails a responsibility;
This Statute and other legislative acts.
Article 4. Encouragement of Private and Chief Personnel
1. The hunting is an important means of influence on private and
of the initial composition and strengthening of the service discipline
are implemented in the form of measures of material and moral
stimulants that apply to individuals of private and primary
For the most part of my duty.
2. Persons of private and superiors are encouraged to
A conscientious and flawless execution of official duties.
Article 5. Disciplinary offense
1. Disciplinary offence-malnutrition or non-infringement
Compliance with Private or Chief of Service
Discipline.
Article 6. Responsibility of Private and Chief
of the
1. For the study of the disciplinary offences of the private and
The superiors are subject to disciplinary responsibility.
with this Statute.
2. Persons of private and early
of the order established by the law of the
for administrative, criminal or material responsibility,
The driver can carry and disciplinary responsibility according to
This Statute.
Article 7. Accounting and disciplinary charges
1. List of awards and disciplinary charges
apply to individuals of private and superiors, lead to
Personnel units specially authorized
the Central Authority of the Executive
Special communication and protection of information subordinated to it
regional bodies and territorial units, as well as
institutions and institutions of the State Service of Special Communications and
protection of information of Ukraine.
2. The information about the promotion and disciplinary charge
applied to persons of private and superiors, are recorded in
lunar lines to the special cases of these persons with the meaning of such
data:
1) who, when and on which applied the encouragement or
Disciplinary offense;
2) number and date of the order of encouragement or imposition
Disciplinary charge, notice of information on the order and
information about whether or not the order was appealed
a disciplinary charge (and in case of a challenge-which solution
Adopted by whom and when);
3) the number and date of the penalty for the removal of the disciplinary charge
or marks the end of the expiration date.
Chapter II
MEMBERS OF THE PRIVATE AND MILITARY PERSONNEL
TO COMPLY WITH THE SERVICE DISCIPLINE
Article 8. Members of Private and Chief
1. The service discipline is based on high consciousness and
Commits each individual private and superiors:
comply with the Constitution 254k/96-PL ) and the laws of Ukraine,
Jurors of Private and Chief
According to the law, and the orders of superiors;
Comply with the rules of professional and official ethics;
To keep the state secret;
resistant to carry all the difficulties and constraints associated with
Service;
continuously raise its professional level;
To promote the superiors in strengthening the service discipline;
discover respect for the service colleagues, follow the rules
internal order, wearing set forms of clothing, greeting
and etiquette;
With dignity and honor to behave in an extraordinary time;
Take and maintain it in a proper state
using the property and the technique.
2. In case of detection of legislation, corruption
Legal violation or the receiving of information on such a
Offences, abuse or other offences
A person or a member of an ordinary member must survive
measures to end these violations and report
To the immediate or the senior direct supervisor. {Part of the second article 8 with the changes made under the Act
N 4711-VI ( 4711-17 ) From 17.05.2012}
Article 9. Office of Chief
1. The chief is responsible for the status of
The discipline of the civil servant and must be constantly controlled. Chief
is required to be an example in the proof of legality, of the
of a discipline, impeccable execution of the requirements of the Prixies that consist of
Persons of private and superiors according to the law,
The orders, in the retention of professional and official ethics, to educate and
maintain the subordinates to the execution of the service
duties, the detection of honor and dignity, to encourage
initiative, autonomy, diligence in the service, right
Apply disciplinary action.
2. Special attention to the supervisor should focus on the study
of the individual qualities of the subordinate, the upbringing of the respected attitude
one to one, creating a healthy moral and psychological
climate in the collective, its cohesion, preventing violations
Service discipline and identifying the reasons for their teaching, formation
intolerance to the violators, in which they believe
The band.
3. The chief is obliged to warn of the inaction
infringement of the civil service discipline, and in the case of a subordinate such
A girl, if necessary to put a disciplinary charge on him.
or break the petition to impose a leasing a senior direct
-Chief
4. Older by rank and landing in all cases are required
to demand the youth behind the title and office of the
Discipline.
5. Head of the State Service of Special Communications and Protection
information of Ukraine, chiefs of regional bodies,
territorial units, institutions and institutions of the State Service
Special communication and protection of information of Ukraine in case of
The detection of corruption offences committed by a private
or the superiors, are required within their own powers
Take measures to end such offences and immediately
to report his commit to a specially authorized subject in the
Anti-corruption. {Article 9 is supplemented by a part of the fifth under the Law N 4711-VI
( 4711-17 ) From 17.05.2012}
Chapter III
ENCOURAGEMENT
Article 10. Types of encouragement
1. Prior to persons of private and superiors can be
The following types of encouragement are applicable:
1) an early withdrawal of a disciplinary charge;
(2) Announcement of gratitude;
(3) Cash reward;
(4) To award a valuable gift;
(5) Award for Honorary Diploma of the State Service
Special communication and protection of information of Ukraine ( z0250-13 );
(6) Honors of the State Service of the Special
Communications and protection of information of Ukraine;
(7) Reassignment of another special rank;
8) awarding a special rank, top to one degree from
The title stipulated by the office of staff;
(9) Honors of the State Service of the Special
Communications and Protection of Information of Ukraine "Firearms".
2. Honors of the State Service of Special Communications and Protection
"Firearms" has the right to award
Head of the State Service of Special Communications and Information Protection
Ukraine's Home Affairs Committee for Flawless Multi-Year
service, strengthening national security, exemplary performance
To the end of the day, the honor and the valor.
3. To the cadets of the educational institutions of the State Service
Special communication and protection of information in Ukraine other than encouraging,
predicted part of the first of this article, may also
Apply:
1) providing a cadet or listening to an honorary right to be
Photographed near the expanded flag of the school
"Further information on this photo card";
(2) To send a letter to his parents with a letter;
(3) authorize an extraordinary dismissal from the location
Institution;
4) providing short-term vacation to five years.
Hey.
4. For courage, courage, heroism, special merits before
The State of Private and Chief
members can be represented prior to the assignment of honorary titles and
Public awards and awards by the President
Ukraine.
Article 11. The rights of superiors for the application of encouragement
1. Head of the State Service of Special Communications and Protection
information of Ukraine has the right to apply the encouragement of
This Statute, to all persons of Private and Chief.
2. Deputy heads of the State Service of Special Communications and
protection of information of Ukraine, chiefs of regional bodies,
territorial units, as well as institutions and institutions of the State
Special communications and information protection services of Ukraine
the right to apply the promotion prescribed by paragraphs 1 to 4, 7 and 8
part of the first Article 10 of this Statute, and the training chiefs
Special Communications and Protection of the State
information of Ukraine are entitled to apply also to the promotion,
It was considered part of the third article 10 of this Statute.
3. Hunting predicted with items 7 and 8 of the first
article 10 of this Statute, have the right to apply the chiefs,
The right to be given the right to award the appropriate special ranks.
4. Chiefs of structural units specifically
the authorized central authority of the executive branch
Special communication and information protection organizations are entitled to
apply the encouragement provided by paragraphs 1-4 of the first
Article 10 of this Statute.
5. Chiefs of units
organs, territorial units, as well as institutions and institutions
Special communications and information protection
Ukraine, have the right to apply the promotion foreseen
Paragraphs 1 (on the imposed disciplinary charges) and 2
Part of Article 10 of this Statute.
6. Chief, not endowed by the right to encourage,
has the right to submit or disrupt the petition to encourage
a subordinate to the senior direct supervisor.
Article 12. Order of application of encouragement
1. An order may be issued on the application of the promotion. Content
The order is added to the known personnel of the State Service
Special communication and protection of information of Ukraine, as well as
Personally, to the knowledge of the private or the superiors,
Well, I'm sorry
2. Private or superiors special to be made
Disciplinary charge can only be encouraged by the way
the pre-stop removal of this charge, but not before in three years
months from the day of publication of the order of imposing a disciplinary
A lesion.
3. Pre-production of disciplinary charge applies
in the event that a person of private or early part of the attitude
I'm sorry, I'm sorry.
4. For courage, courage, heroism, special merits before
The State of the Security Council,
Private and early primary composition can be submitted to
Public awards and awards by the President
Ukraine regardless of the presence of a disciplinary charge.
5. Award for awarding honorary titles, awards
Government awards and honors of the President of Ukraine
Head of the State Service of Special Communications and Information Protection
Ukraine.
6. Order of awarding a valuable gift, cash
Reward, Honorary Diploma, State Service honours
Special communication and protection of information of Ukraine, including
"Firearms", establishes the Head of the State Service
Special communication and protection of information of Ukraine.
7. Method of donating the assignment of another special
title and assignment of special rank, top to one degree
from the title prescribed by a full state office is set to
Provision of service to the State Service of the Special
Communication and Protection of Information of Ukraine by Private and
initial composition ( 1828-2006 ).
Chapter IV
DISCIPLINARY CHARGE
Article 13. Types Of Disciplinary
1. On the members of the Private and Chief of the State Service
Special communication and protection of information of Ukraine for violations
Civil servants may be subjected to such types of disciplinary
-
(1) Note;
(2) Dogan;
(3) the harsh dogan;
(4) A warning of incomplete service compliance;
(5) Demotion;
(6) Downgrade in a single degree;
(7) Liberation from service.
2. In the cadets of educational institutions of the State Service
Special communication and protection of information in Ukraine other than charge,
predicted part of the first of this article, may impose
lesion in the form of imprisonment for the
Positioning of the house.
Article 14. The rights of superiors on the imposition of a disciplinary
spathing
1. Head of the State Service of Special Communications and Protection
Information of Ukraine has the right to impose disciplinary charges,
provided by this Statute, on all persons of private and early
Okay.
2. Deputy heads of the State Service of Special Communications and
protection of information of Ukraine, chiefs of regional bodies,
territorial units, as well as institutions and institutions of the State
Special communications and information protection services of Ukraine
the right to impose disciplinary charges prescribed by a part of
first Article 13 of this Statute, and the superiors of educational institutions
Special communications and information protection
Ukraine has the right to impose a disciplinary burden,
The second article 13 of this Statute is provided.
3. Disciplinary charge in the form of exemption from service,
Relegation in post, special rank
the degree is imposed by the superiors given by the right respectively
acceptance into service to the State Service of Special Communications and
protection of information of Ukraine, appointment of
Special rank.
4. Chiefs of structural units specifically
the authorized central authority of the executive branch
Special communication and information protection organizations are entitled to
overlay disciplinary charge provided with items 1-4
Part of Article 13 of this Statute.
5. Chiefs of units
organs, territorial units, as well as institutions and institutions
Special communications and information protection
Ukraine, have the right to impose disciplinary charges,
stipulated by paragraphs 1 to 3 of the part of the first article 13 of this Statute.
6. Chief not endowed by the right to impose disciplinary action
lesion, has the right to break in front of a senior direct supervisor
A petition to a person's or the beginning of an ordinary
It's a part of the disciplinary responsibility.
7. The right to impose disciplinary lesions enjoy
Just direct superiors.
8. The chief who has exceeded his right of imposing
Disciplinary charge, responsible for this
A statute.
9. Disciplinary charge imposed on the violation of requirements
this Statute, repealed by the boss who committed it, or
Senior direct supervisor.
10. A senior direct supervisor is eligible for one month
from a day of imposing a disciplinary charge to strengthen, and for
year-to mitigate or cancel the disciplinary charge imposed by
If it isn't the case, he's the boss.
corresponds to the severity of the committed offence.
Article 15. The Order of Disciplinary Circulation
1. To find out all the circumstances of the disciplinary
Offences committed by a private or early person
composition, the chief has the right to appoint a service investigation which
With the participation of the immediate head of this person
For one month. If necessary, this row may be required
continued by the chief who appointed a service investigation, or
a senior direct supervisor, but not more like one month.
2. It is required to conduct a service investigation to persons who
is the subordinate of the violator, and the accomplices to accomplices
The case is in the case of an investigation into the consequences of the investigation.
3. The conduct of the service investigation is established
Head of the State Service of Special Communications and Protection
Information on Ukraine
4. Before the disciplinary charge of the Chief, or
a person who is conducting a service investigation must remove
From a violator to provide a written explanation. In case of failure
A violator to give an explanation consists of an act.
5. On the imposition of the disciplinary charge on the violator may
An order is issued, whose content is to be known to the person known
of the State Service of the Special Communications and Information Protection
Ukraine.
6. To be aware of the disciplinary charge of the person's person
In the presence of his subordinates, he forbids.
7. The order of the order is to be known to the person in private or
The initial composition that is drawn to the disciplinary
Responsibility, under her signature. In case of relegation in office or
Release of Private or Chief Personnel
Has to pull out of the order.
8. For each violation of the service discipline, only
One disciplinary charge. In case of violation of the official
The discipline of several persons of disciplinary charge is imposed
Each individually.
9. In determining the kind of disciplinary charge, should
take into account the severity of the offense, the circumstances under which it
Committed, sorry, the previous behavior of the person and the recognition
It's her fault, her attitude to the duty of duty,
Level of qualifications, etc.
10. In case of a minor violation of the Service Discipline
The boss may be able to limit all of the members of the private or
Initial composition on the need to comply with the
Discipline.
11. In case of an influx to disciplinary responsibility
persons of private and superiors who have a disciplinary
The charge and the violation of the service discipline,
The disciplinary charge imposed should be more rigorous, the statement said.
I'm sorry.
12. In the case of re-committing a private or private
The initial composition of minor offence, subject to
its indearment, the conscientious attitude of this person to the fulfillment of
Service duties, short tenure (up to six months)
months) and for other important reasons, the chief can limit
Previously imposed on such a person with a disciplinary charge.
13. Disciplinary charge in the form of downgrading
special rank for one degree on individuals who have the first
special title, and downgrading to persons holding the
the lowest level positions, are not imposed.
14. Liberation of Private and Chief Personnel
service as a kind of disciplinary charge is an extreme event
Disciplinary impact.
15. Apply of a disciplinary charge
The liberation from the service is preceded by a mandatory military investigation.
16. In case of the dosage of a private or early military
the composition of significant deficiencies during the execution of the
duties, as well as those found in the results of the
an investigation may be conducted an extraordinary certification of such a
Persons.
17. To identify the causes and conditions that contributed to the study
Corruption, the Corruption of the Law of Ukraine
"On the basis of preventing and countering corruption" ( 3206-17 ) for
Representation of a specially authorized subject in the field of counteraction
Corruption by the decision of the chief of the person who committed such a
Legal offences, conducted by the police investigation. {Article 15 is supplemented by the seventeenth article under the Law
N 4711-VI ( 4711-17 ) From 17.05.2012}
18. Special or Chief of State Service personnel
Special communication and protection of information of Ukraine,
concerning the violation of the requirements of the Law of Ukraine " On the principles of
against corruption "another person of private or superiors"
composition, cannot be released from service or forced to release
or prosecuted for a disciplinary responsibility in connection with
That's the message. Decision on release or influx to
Disciplinary responsibility is disputed in the
By law. {Article 15 is supplemented by Part 18 under the Law
N 4711-VI ( 4711-17 ) From 17.05.2012}
Article 16. The Order of Disciplinary Circulation
in special cases
1. Inputs of disciplinary lesions on private and
The initial composition for offences committed during the
Adjustment, no worth of service, is carried out only after
end of duty, guards or after replacing them with others and
-The surrender of weapons
2. The identification of the disciplinary charge on the person who
is in a state of intoxication as well as the recipient's explanation
have to be deposited until its sober.
Article 17. The Discipline of Disciplinary Charge Overlap
1. Disciplinary charge is imposed on lines up to one
A month from the day of the rule of law, the boss is known.
2. In case of the fact of committing offence
Official investigation, criminal proceedings, or
In the case of an administrative offence against persons
The private and early members of the disciplinary charge can be
posted no later than one month from the day of the end of the service
an investigation, criminal proceedings or failure in the
concerning administrative offences, not considering the period
a temporary failure or stay on vacation. {Part of the second article 17 of the changes made under the Act
N 245-VII ( 245-18 ) 16.05.2013}
3. Disciplinary charge cannot be imposed if from day to day
The law of law has passed over half a year. Not in this period
included lines of conduct of the investigation,
criminal proceedings or proceedings against the
Administrative offences. {Part of the third article 17 with the changes made under the Act
N 245-VII ( 245-18 ) 16.05.2013}
Article 18. Departure from the duty of office
1. Private or superiors specific to which
ongoing service investigation, may be suspended from
Salary retention, special
the title, the allowances of the years and other payments and allowances.
2. The decision to suspend the Private or
The initial composition of the post can be taken by superiors,
the right to service or the appointment of this person to the
the post, by issuing a written order.
3. Duration of the service
The position of duty must not exceed the time envisaged
to conduct a service investigation.
4. Special or Chief of Personnel
on suspicion of committing to the crime in the field of service and
Professional activities related to the provision of public services,
And/or related to the abuse of his official position,
is subject to the dismissal of office of office in
the order defined by the law. {Article 18 is supplemented by the fourth article under the Law
N 4711-VI ( 4711-17 ) from 17.05.2012; with changes made under
with the Law N 245-VII ( 245-18 ) 16.05.2013}
5. Special or early warehouse specific
Protocol on Administrative Corruption Offences
may be suspended by the head of the relevant body, unit,
institution or institution of the State Service of Special Communications and
protection of information of Ukraine from the execution of
End of trial. {Article 18 is supplemented by the Fifth under the Law
N 4711-VI ( 4711-17 ) From 17.05.2012}
Article 19. Execution and withdrawal of disciplinary activities
1. Disciplinary charge is performed immediately, but not
later the month of its overlay, not considering the period
The presence of a private or early part of the vacation,
It was sent or her temporary failure. After End
This line of disciplinary lesion does not hold.
2. In case of temporary disability, stay in
Holiday or departure of members of the Private and Chief
Disciplinary activities such as relegation in office and release
from the service, performed upon their arrival to the location of the transit
Service.
3. Persons with the guilt of being imposed on a disciplinary charge
done without the most important reasons, carry responsibility according to this
A statute.
4. In case of submission of complaints
The disciplinary charge does not stop.
5. Private or superiors are considered to be
that it has no disciplinary charge, if it is subsequently encouraged
Through the pre-establishment of the disciplinary charge,
The President of Ukraine or past the year of the President of Ukraine
from the day of the discipline of the disciplinary charge.
Article 20. The legal implications of the imposition of a disciplinary
spathing
1. Private or superiors who have
A disciplinary charge cannot be assigned to a higher office.
Section V
CHALLENGE OF DISCIPLINARY ABUSE
Article 21. Order of disciplinary punishment
1. Private or early staff members shall be entitled to
Appeal against her the disciplinary charge to the senior
Direct Chief-until the Head of the State Service of Special
information and protection of information of Ukraine or to the court.
2. Disciplinary charge can be appealed to the senior
direct supervisor for three months from the day of familiarity with
by the order of the person on which it was imposed.
3. If the issue of complaint violations does not belong to
the authority of the chief who received it, the complaint is not later than five
the days are sent for due course, as reported by the applicant.
4. Send to the complaints by the following complaints
the superiors, actions or decisions to be challenged.
5. A missing line for filing a complaint may be renewed
a senior direct supervisor who has the right to impose a disciplinary
A lesion.
6. Senior direct chief in case of entering
resuming a missing complaint line should be comprehensive
to objectively consider it and accept the appropriate decision not later
10 days after the announcement.
7. Results of the review statement
the line is reported by a person of private or superiors,
which she filed, and the chief, who committed the disciplinary
A lesion.