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APPROVED
Order of the Commissioner
The Verkhovna Rada of Ukraine
on human rights
16.02.2015 № 3 / 02-15
(as amended by order
The Commissioner
02/14/2018 № 3 / 02-18)

ORDER
registration of materials on administrative offenses
1. General provisions
1.1. This Procedure determines the mechanism for drawing up the Secretariat by authorized persons
Of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights (hereinafter - the authorized persons) protocols
on administrative offenses provided by Articles 18839, 188 40 and 212 3 of the Code
Of Ukraine on administrative offenses.
1.2. Authorized persons draw up reports on administrative offenses for
non-compliance with the legal requirements of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights or
representatives of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights; non-notification or
untimely notification of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights on processing
personal data or change of information subject to notification in accordance with the law,
notification of incomplete or inaccurate information; non-compliance with legal requirements (instructions)
The Commissioner for Human Rights of the Verkhovna Rada of Ukraine or officials appointed by him
Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine on Prevention or
elimination of violations of the legislation on personal data protection; non-compliance
the procedure for personal protection established by the legislation on personal data protection
data, which led to illegal access to them or violation of the rights of the personal subject
data; non-disclosure of information, the mandatory disclosure of which is provided by law
Ukraine "On Access to Public Information" and "On Principles of Prevention and Counteraction to Corruption" ;
violation of the Law of Ukraine "On Access to Public Information", namely: unfounded
attribution of information to information with limited access, failure to respond to a request for
information, failure to provide information, wrongful refusal to provide information, untimely
or incomplete provision of information, provision of inaccurate information; restrict access to
information or assigning information to restricted information, if it is direct
prohibited by law; failure to provide access to a court decision or case materials on the application
persons, as well as other violations of the Law of Ukraine "On Access to Judicial Decisions"; illegal
refusal to accept and consider the appeal, another violation of the Law of Ukraine "On Appeals
citizens ".
1.3. In case a person commits several separate administrative offenses, protocols
are drawn up for each of the offenses committed.
If the offense was committed by several persons, the administrative report
the offense is drawn up for each person separately.
1.4. The report on the administrative offense and its annexes are sent to
district, district in the city (city, city district) court at the place of commission
administrative offense.
1.5. When drawing up a report on an administrative offense and its annexes and
sending these materials to the court should take into account that the penalty may not be imposed
no later than three months from the date of the offense, and in the case of an ongoing offense
- not later than three months from the date of its detection, and in the amount provided by the relevant
articles of the Code of Ukraine on Administrative Offenses .

2. Registration of materials on administrative offenses
2.1. A report on an administrative offense is drawn up as part of the proceedings that
carried out in accordance with the Procedure for the proceedings of the Commissioner for Human Rights in
cases of violation of human rights and freedoms, approved by the Commissioner of the Verkhovna Rada
Of Ukraine on human rights, as well as during monitoring visits and inspections
activities of state bodies of local self-government, enterprises, institutions, organizations
all forms of ownership, as well as individuals or legal entities.
2.2. The report on an administrative offense shall be drawn up in the Ukrainian language
( Appendix 1 ). It is not allowed to cross out or correct the information entered in
protocol, as well as making additional entries after the protocol is signed by the person
in respect of which it is composed.
2.3. The protocol on the administrative offense shall indicate: its date and place
drawing up, position, surname, name, patronymic of the person who drew up the protocol; personal information
which is brought to administrative responsibility; place, time of commission and essence
administrative offense; normative act, which provides for liability for this
offense; names, addresses of witnesses and victims, if any; presence or absence
explanations of the person who is brought to administrative responsibility; other information
necessary to resolve the case. If the offense caused material damage, about it
also noted in the minutes.
2.4. Copies of documents and other evidence indicating the circumstances and
the time of the offense.
2.5. The person against whom a report on an administrative offense has been drawn up must be
acquainted with its rights and obligations under Article 268 of the Code of Ukraine on
administrative offenses and Article 63 of the Constitution of Ukraine, as stated in
protocols.
2.6. The person in respect of whom a report on an administrative offense is drawn up,
it is proposed to provide a written explanation and remarks on the merits of the offense.
Explanations and comments are either included in the minutes or attached to the minutes separately.
In case of refusal of the person in respect of whom the protocol on administrative is made
offense, from providing explanations and comments on the merits of the offense,
the authorized person makes an appropriate entry in it.
2.7. Witnesses of an administrative offense (if any) may provide their own
written explanations, which are also attached to the minutes.
2.8. The report on an administrative offense is drawn up in two copies.
The second copy of the protocol under the receipt is handed over to the person who is involved in
administrative liability.
The person in respect of whom such a protocol has been drawn up may be acquainted with the protocol
authorized persons and regional coordinators for public relations of the Commissioner
Of the Verkhovna Rada of Ukraine on Human Rights (hereinafter - the regional coordinators).
2.9. If the person against whom a report on an administrative offense has been drawn up,
refuses to read such a protocol, or there are no comments on its content
of the protocol, the authorized person drawing up the protocol shall make a corresponding entry in
the protocol, which is certified by the signature of the authorized person.
2.10. If the protocol is reviewed by the regional coordinator, a
the person in respect of whom a report on an administrative offense has been drawn up shall refuse
acquaintance with such protocol, or it has no remarks on the content of the protocol, then
the regional coordinator draws up an act to this effect and sends it to the authorized person who drew it up
protocol. On the basis of the specified act the authorized person who has made the report, makes
the corresponding entry in the protocol, which is certified by her signature.
2.11. The authorized person or regional coordinator has the right to invite the person who
is brought to administrative responsibility, in order to obtain explanations and
acquainting her with the protocol on an administrative offense, as well as other persons for
receiving oral or written explanations from them regarding the circumstances being examined in the case.
2.12. The protocol shall be signed by the person who drew it up and by the person involved in it
administrative responsibility. If there are witnesses, the protocol can also be signed i
these persons.
In case of refusal of the person who is brought to administrative responsibility, from
signing the protocol, it records this. The person who is attracted to
administrative liability, has the right to state the reasons for its refusal
signatures attached to the minutes.
2.13. The second copy of the report and copies of other supporting materials
the fact of committing an administrative offense, registered letter with return
notice of delivery and a description of the attachment within 10 calendar days together with
a cover letter in an envelope marked "in person" is sent to the person in respect of whom
a report on an administrative offense has been drawn up, if the specified person:
- refuses to receive the second copy of the protocol;
- does not appear for acquaintance with the protocol.
A note on the delivery of the second copy of the administrative protocol
the offense in this case is a signature on the return notice of service, date
service is the date indicated on this notice.

3. The procedure for drawing up an administrative case
offense and sending it to court
3.1. The report and other materials confirming the fact of commission are made
administrative offense, are formed by the authorized person in the case of
administrative offense. In the case, the title page is drawn up on the reverse side
which is filled in the description of the documents contained in the case ( Appendix 2 ).
3.2. The original case of an administrative offense together with a cover letter in
the three-day term from the moment of its drawing up is sent to district, district in the city
(city, city district) court at the place of commission of an administrative offense.
The cover letter requests referral to the Secretariat
A copy of the court decision in the case of the Verkhovna Rada of Ukraine Commissioner for Human Rights.
3.3. A copy (electronic) of the case shall be kept by the Secretariat for three years
Commissioner for Human Rights. Copies of court decisions are further attached to this case
cases, etc., as well as other documents and materials related to the consideration of this case in court.
3.4. The case is supported in court by the staff of the Secretariat
Commissioner for Human Rights of the Verkhovna Rada of Ukraine.

4. Accounting for administrative offenses
4.1. For the formation of statistical reporting and analysis of the situation in the areas of protection
human rights accounting of identified administrative offenses under Articles 18839,,
188 40 , 212 3 of the Code of Ukraine on Administrative Offenses, carried out by the Office
documentation and reception of citizens (hereinafter - the Office).
4.2. Registration of administrative offenses is carried out in electronic form by
collection of information according to the list ( Appendix 3 to the Procedure).
(paragraph 4.2. of the Procedure as amended in accordance with the order of the Commissioner dated 14.02.2018 № 3 / 02-18)
(paragraph 4.3. of the Procedure was withdrawn in accordance with the order of the Commissioner dated 14.02.2018 № 3 / 02-18)
(paragraph 4.4. of the Procedure was withdrawn in accordance with the order of the Commissioner dated 14.02.2018 № 3 / 02-18)
4.5. Within one working day after sending the case to the district, district y
city ​(city, city district) court, a copy of the protocol and cover letter in e-mail
in the form of an employee of the Secretariat, who drew up this protocol, shall be sent to the Office.
(paragraph 4.2. of the Procedure as amended in accordance with the order of the Commissioner dated 14.02.2018 № 3 / 02-18)
4.6. An employee who supervises the consideration of an administrative case
offense, within one day from the date of receipt of information from the Unified State
register of court decisions or obtaining a copy of the court decision in the case informs the Office
about the decision made by the court in electronic form.
(paragraph 4.6. of the Procedure as amended in accordance with the order of the Commissioner dated 14.02.2018 № 3 / 02-18)
4.7 The Office is responsible for preparing, if necessary, statistical information on
identified administrative violations and providing it to the relevant information requests.

Appendix 1
to the Procedure for registration of materials
on administrative offenses

PROTOCOL
about an administrative offense
Annex 2
to the Procedure for registration of materials
on administrative offenses

CASE
about an administrative offense
Annex 3
to the Procedure for registration of materials
on administrative offenses
(Annex 3 of the Procedure as amended in accordance with the order of the Commissioner dated 14.02.2018 № 3 / 0218)

LIST
mandatory information entered into the electronic form of accounting
administrative offenses
1. Name of the structural unit
responsible for conducting administrative proceedings
2. Administrative-territorial region of Ukraine
committing an offense
3. Date of drawing up the report on the offense
4. Date of the offense
5. The composition of the offense:
6. Surname, ' I offender and surname:

7. Name of the legal entity:
8. Position of the offender:
9. Type of legal entity (state body, body
local self-government, public association,
political party, etc.) :
10. Date of sending administrative materials
cases to court
11. Name of the court:
12. Date of decision of the court:
13. The decision made by the court:

{The text with changes as of February 14, 2018 is taken from the website of the Verkhovna Rada Commissioner for Human Rights
www.ombudsman.gov.ua}

