Regulations on the Public Council

Regulations on the Public Council under the Ministry of Internal Affairs of Ukraine

          Approved Order of the Ministry
of
Internal Affairs of Ukraine of January 16, 2020 № 38

1. The Public Council under the Ministry of Internal Affairs of Ukraine (hereinafter referred to as the Public Council) is a temporary consultative and advisory body established to promote public participation in the formation and implementation of state policy in the spheres of protection of human rights and freedoms, interests of society and the state, combating crime, maintaining public security and order, as well as the provision of police services; protection of the state border and protection of sovereign rights of Ukraine in its exclusive (maritime) economic zone; civil protection, protection of the population and territories from emergency situations and their prevention, the elimination of emergency situations, rescue, fire extinguishing, fire and man-made safety, the activities of emergency and rescue services, as well as hydrometeorological activities; migration (immigration and emigration), including the fight against illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law (hereinafter — areas within the competence of the Ministry of Internal Affairs).

2. In its activities, the Public Council is guided by the Constitution and laws of Ukraine, decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine, adopted in accordance with the Constitution and laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, as well as these Regulations.

Regulations on the Public Council and amendments to it are developed by the Ministry of Internal Affairs of Ukraine together with the Public Council and approved by the Ministry of Internal Affairs.

The regulation on the Public Council is published on the official website of the Ministry of Internal Affairs within three working days from the date of its approval.

3. The main tasks of the Public Council are:

1) promoting citizens' realization of the constitutional right to participate in the management of public affairs;

2) promoting the Ministry of Internal Affairs to take into account public opinion during the formation and implementation of state policy in areas falling within the competence of the Ministry of Internal Affairs;

3) facilitating the involvement of representatives of interested parties in conducting consultations with the public and monitoring the results of the formation and implementation of state policy in the areas falling within the competence of the Ministry of Internal Affairs;

4) conducting public monitoring of the activities of the Ministry of Internal Affairs in accordance with the legislation;

5) preparation of expert proposals, conclusions, analytical materials on the formation and implementation of state policy in areas falling within the competence of the Ministry of Internal Affairs.

4. The Public Council in accordance with the tasks assigned to it:

1) prepares and submits to the Ministry of Internal Affairs proposals for an indicative plan for public consultations;

2) prepares and submits to the Ministry of Internal Affairs proposals for the organization of public consultations, including on the involvement of representatives of interested parties;

3) prepares and submits to the Ministry of Internal Affairs mandatory for consideration proposals, conclusions, analytical materials on the resolution of issues within the competence of the Ministry of Internal Affairs, preparation of draft regulatory acts, improvement of the body's work;

4) conducts public monitoring of the Ministry of Internal Affairs's consideration of public suggestions and comments, ensuring transparency and openness of its activities, as well as compliance with the requirements of regulatory legal acts aimed at preventing and combating corruption;

5) informs the public about its activities, decisions taken and the state of their implementation, submits the relevant information to the Ministry of Internal Affairs for publication on its official website and in any other way;

6) collects, summarizes and submits to the Ministry of Internal Affairs proposals to the public for solving issues of important social importance;

7) prepares and publishes an annual report on its activities.

Proposals of the Public Council are considered by the Ministry of Internal Affairs in the manner prescribed by law. Consideration of proposals for draft regulatory acts is reflected in the report based on the results of consultations with the public.

5. The Public Council has the right to:

1) to form permanent and temporary working bodies (boards, secretariat, committees, commissions, expert groups, etc.);

2) involve in their work employees of central and local executive bodies, local self-government bodies, representatives of enterprises, institutions and organizations, regardless of the form of ownership (with the consent of their managers), as well as individual specialists (with the consent);

3) organize and conduct seminars, conferences, round tables and other public events;

4) receive in the prescribed manner from the Ministry of Internal Affairs information necessary to ensure the activities of the Public Council;

5) to receive from the Ministry of Internal Affairs draft regulations on issues requiring consultations with the public;

6) conduct, in accordance with the law, a public examination of the activities of the Ministry of Internal Affairs and a public anti-corruption examination of regulations, draft regulations developed by the Ministry of Internal Affairs.

Members of the Public Council have the right of access in the prescribed manner to the premises of the Ministry of Internal Affairs.

6. The composition of the Public Council is formed at the constituent meeting in accordance with the Standard Provision on the Public Council under the Ministry, another central executive body, the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city, district, etc. Kyiv and Sevastopol State Administration, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 03, 2010 No. 996 (hereinafter referred to as the Standard Provision).

The quantitative composition of the Public Council cannot be more than 20 people.

The term of office of the Public Council is two years from the date of approval of the Ministry of Internal Affairs of its composition. No more than one representative from each public association, religious, charitable organization, creative union and their associations, associations, employers' organizations and their associations, and media (hereinafter referred to as the Institute of Civil Society) may be elected to the Public Council. Membership in the public council is individual.

7. The formation and election of a new composition of the Public Council after the expiration of its term of office and/or the early termination of the powers of the Public Council shall be carried out in accordance with the procedure defined in the Standard Provisions.

8. Membership in the Public Council shall be terminated on the basis of a decision of the Public Council in the event of:

1) systematic absence of a member of the Public Council at its meetings without good reason (more than twice in a row);

2) inability of a member of the Public Council to participate in the work of the Public Council for health reasons.

The proposal to terminate membership in the Public Council is made by the Chairman of the Public Council.

9. Membership in the Public Council shall be terminated without the adoption of a decision of the Public Council in the event of:

1) Submission of the relevant application by the member of the Public Council — from the date of receipt of the relevant application;

2) receipt from the institution of civil society signed by the head, unless otherwise provided by its constituent documents, notification of the withdrawal of its representative and termination of his membership in the Public Council — from the date of receipt of the relevant notification;

3) election of a member of the Public Council as a People's Deputy of Ukraine, a deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a local council or appointment to a position in a state authority, an authority of the Autonomous Republic of Crimea, a local self-government body — from the date of its acquisition of powers on elected office or from the date of appointment to the relevant position;

4) state registration of the decision on the termination of the institution of civil society, the representative of which is elected to the Public Council, from the date of entry into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations;

5) the entry into force of an indictment against a member of the Public Council, as well as in the case of recognition in court of incapacity or limited capacity — from the date of entry into force of legal force by a court decision;

6) death of a member of the Public Council — from the day of death, certified by a death certificate.

On the grounds specified in subparagraphs 3—6 of this paragraph, membership in the Public Council shall be terminated if the Ministry of Internal Affairs receives relevant information.

In case of termination of membership in the Public Council by any person, the candidate next in line to the Public Council, who received the largest number of votes according to the results of the rating vote at the constituent meeting, shall take its place. The relevant decision is made at the next meeting of the Public Council.

In the case when two or more candidates with the same number of points are next in the ranking, admission to the Public Council shall be made by voting of the members of the Public Council for each of the candidates. In this case, the candidate who received the higher number of votes compared to the other candidate is considered elected to the Public Council.

Changes in the composition of the Public Council shall be approved within a period not exceeding seven working days from the date of receipt of the minutes of the meeting of the Public Council, by the decision of the Ministry of Internal Affairs on the basis of the minutes of the meeting of the Public Council, as well as in the event of the occurrence of circumstances specified in subparagraphs 1—6 of this paragraph. The Ministry of Internal Affairs publishes information about such changes on its official website within three working days from the date of their approval.

If, at least one year before the expiration of the powers of the Public Council, the order of membership in it is exhausted and the number of members of the Public Council is less than half of its total composition, the Ministry of Internal Affairs shall take measures to bring the quantitative composition of the Public Council into line with the quantitative composition determined by the initiative group, in the manner prescribed by this Regulation.

10. Early termination of the activity of the Public Council is carried out in the case of:

1) when meetings of the Public Council have not been held for six months;

2) the absence of an approved annual work plan of the Public Council;

3) the absence of a report of the Public Council on the implementation of the annual work plan provided for in paragraph 16 of this Regulation;

4) making the relevant decision at its meeting;

5) reorganization or liquidation of the Ministry of Internal Affairs.

The decision to terminate the activities of the Public Council is drawn up by the relevant act of the Ministry of Internal Affairs.

In case of early termination of the activities of the Public Council, the Ministry of Internal Affairs shall, within 15 calendar days, in accordance with the requirements of paragraph 8 of the Standard Provision, form an initiative group for the preparation of a constituent meeting or rating electronic voting in order to form a new composition of the Public Council.

11. The Public Council is headed by a Chairman, who is elected from among the members of the Board at its first meeting by rating voting.

The Chairman of the Public Council has a deputy who is elected from among the members of the Council by rating voting at the meeting of the Public Council.

The powers of the Chairman of the Public Council shall be terminated by the decision of the Public Council in the event of submission of a corresponding application, termination of his membership in the Council, expression of distrust of him by the Public Council, as well as in cases provided for in the Standard Provisions.

In the event of termination of the powers of the Chairman of the Public Council, his duties until the election of a new chairman are performed by the Deputy Chairman of the Public Council.

I'm 12. Chairman of the Public Council:

1) organizes the activities of the Public Council;

2) organizes the preparation and holding of meetings of the Public Council, presides during their holding;

3) signs documents on behalf of the Public Council;

4) represents the Public Council in relations with the Cabinet of Ministers of Ukraine, central and local executive bodies, citizens' associations, local self-government bodies, media;

5) may participate in meetings of the Board of the Ministry of Internal Affairs with the right of advisory vote.

I'm 13. At the request of the Public Council, the Minister may assign the functions of secretary of the Public Council to the representative of the Ministry of Internal Affairs.

He's 14. The main form of work of the Public Council is meetings held as needed, but not less than once a quarter. Extraordinary meetings of the Public Council may be convened on the initiative of the Chairman of the Public Council, the Minister or one third of its general composition.

Notices about the convening of meetings of the Public Council, including extraordinary ones, shall be notified to each of its members no later than two working days before their commencement, and shall be published on the official website of the Ministry of Internal Affairs.

A meeting of the Public Council is valid if at least half of its total composition is present.

Public Council meetings are held in the open.

The Minister, his deputies, the State Secretary of the Ministry of Internal Affairs or other authorized representatives of the Ministry of Internal Affairs may participate in the meetings of the Public Council with the right of an advisory vote.

At the invitation of the Chairman of the Public Council, other persons may participate in its meetings.

The Public Council may approve proposals and recommendations on specific issues by interviewing its members in writing or electronically.

I'm 15. The decision of the Public Council is taken by open vote by a simple majority of the votes of its members participating in the meeting. In the case of an equal distribution of votes, the vote of the chairman at the meeting is decisive.

Decisions of the Public Council are of a recommendatory nature and are mandatory for consideration by the Ministry of Internal Affairs.

The decision of the Ministry of Internal Affairs, adopted as a result of consideration of the proposals of the Public Council, shall not later than ten days after its adoption be made known to the members of the Public Council and the public by publishing it on the official website of the Ministry of Internal Affairs and/or by any other means. Information on the decision made should contain information on the consideration of the proposals of the Public Council or the reasons for their rejection.

I'm 16. The Public Council conducts its activities in accordance with the annual plan. The annual plan of the newly created Public Council shall be approved within three months from the date of approval of the composition of the Public Council.

At the meeting of the Public Council, which is held with the participation of representatives of the Ministry of Internal Affairs in the first quarter of each year, the report on the implementation of the Public Council's work plan for the past year is discussed and the plan prepared by it for the current year is approved.

The annual work plan of the Public Council and the report on its implementation are published on the official website of the Ministry of Internal Affairs within five working days from the date of their receipt from the Public Council.

He's 17. Regulations on the Public Council, the composition of the Public Council, minutes of meetings, decisions taken and information on the progress of their implementation, as well as other information on the activities of the Public Council are necessarily posted by the Ministry of Internal Affairs on the official website under the heading “Public Council”.

The Ministry of Internal Affairs and the Public Council are responsible for the accuracy of the information on the activities of the Public Council, posted on the official website of the Ministry of Internal Affairs.

He's 18. Provision of the Secretariat of the Public Council with premises for the work of the Council and its meetings, as well as, if possible, by means of communication is carried out by the Ministry of Internal Affairs.

The Chairman of the Public Council is responsible for the preservation of the premises, property, etc., provided to the Ministry of Internal Affairs for the temporary use of the Secretariat of the Public Council.

I'm 19. The public council has a form with its name.

 

Chairman of the Public Council under the Ministry of Internal Affairs of Ukraine
Volodymyr MARTYNENKO

 

Director of the Communication Department of the Ministry of Internal Affairs of Ukraine Artem SHEVCHENKO