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Resolution No. 950 validating the Procedure for conducting an official investigation into persons authorized to perform the functions of the state or local self-government.

Country/Territory
Ukraine
Document type
Regulation
Date
2000 (2015)
Source
FAO, FAOLEX
Subject
General
Keyword
Access-to-justice Governance Offences/penalties Legal proceedings/administrative proceedings Enforcement/compliance Local government Data collection/reporting Access-to-information
Geographical area
Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Abstract

This Resolution establishes the procedure for conducting an official investigation into persons authorized to perform the functions of the state or local self-government. In accordance with this Procedure in respect of persons authorized to perform functions of state or local self-government may be carried out official investigation in the following cases: (a) non-performance or improper performance of their official duties, exceeding their authority, resulting in human casualties or causing significant material or moral damage to a citizen, the state, enterprise, institution, organization or association of citizens; (b) non-compliance with the legislation on civil service, service in local government, anti-corruption legislation; (c) at the request of a person authorized to perform state functions or local government, in order to remove unfounded, in his/her opinion, accusations or suspicions; and (d) in order to identify the causes and conditions that led to the commission of corruption or corruption-related offense or non-compliance with the Law of Ukraine "On Prevention of Corruption". Official investigation shall not be conducted if based on anonymous reports, statements and complaints, except for cases when the anonymous report concerns a violation of the requirements of the Law of Ukraine "On Prevention of Corruption" and the information provided in it relates to a specific person and contains factual data that can be verified. The Procedure shall not be applicable to the officials for whom acting legislation envisages application of disciplinary sanctions established by disciplinary statutes. According to the materials of the official investigation, a person authorized to perform the functions of the state or local self-government may be prosecuted in accordance with the law.

Full text
Ukrainian
Website
sfs.gov.ua