Regulations on the Public Council on the SBU Renovation
Decree of the Central Office
The Security Service of Ukraine
April 29, 2015 №286
on the Public Council on the SBU Renovation
I. General provisions
1. The Public Council on the SBU Renovation (hereinafter “the Council”) is a collegial advisory and consultative body at the Security Service of Ukraine (hereinafter – the SBU), which was created for ensuring citizens participation in exercising public control of conducting checks and the use of restraints by the SBU, stipulated by the Law on Purification of Government (hereinafter “lustration of the SBU personnel”), establishing of the SBU effective coordination on these issues with the public, taking into account the public opinion during the process of the SBU renovation and also supporting the SBU in fulfilling its functions including the data check verification on usage of restraints, stipulated by parts three and four of the Article 1 of the Law on Purification of Government.
2. In its activity the Council is guided by the Constitution of Ukraine, Laws on Purification of Government, on Principles of Preventing and Counteracting Corruption, on Prevention of Corruption, on Information, on Access to Public Information, on Democratic Civilian Control of State Military Organization and Law Enforcement Bodies, other legal acts, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, these Regulations.
3. The main task of the Council is:
public monitoring of the process of SBU personnel purification, guarantee of the Security Service of Ukraine taking into consideration public opinion while taking measures foreseen by Law on Purification of Government;- -
building efficient cooperation between the SBU and community;
guarantee of public opinion being taken into consideration while renovation of activity areas and personnel of the SBU;
preparation of suggestions (requests, appeals) to provide assistance to relevant state authorities on means of realization of purification of the SBU personnel and conduct of special identity checks of those who are candidates for the SBU positions connected with state functions performance.
4. The Council is entitled to have a form with its name, official website.
5. The Council’s term of office is 2 years. The Council’s authority can not be ceased before its expiry by the Head of the SBU or a person performing his duties.
6. Members of the Council have appropriate identification cards of the due standard in form approved by the legislative act of the SBU.
II. Authority of the Council
1. According to assigned to it tasks, the Council:
1) cooperates regarding the issues placed under its jurisdiction with the Public Council on Lustration of the Ministry of Justice of Ukraine, the Public Council at the SBU, Interagency Center for Assistance in Release of Captives, Hostages and Search of Missing Persons, anti-corruption public councils of the Central Department and regional agencies of the SBU, units of the Central Department of the SBU, agencies, establishments, institutions of the SBU, the Anti-Terrorist Center at the SBU, law-enforcement and other state authorities, NGOs and mass media.
2) carries out monitoring and analysis of information regarding the issues of personnel renewal of the SBU, including obtained from persons or entities to postal address and e-mail address of the Council;
3) prepares suggestions regarding the issues:
connected with realization of regulations of the Law of Ukraine on Purification of Government;
renovation of the activity areas of the SBU;
dealing with issues of the SBU cooperation with the public;
personnel renewal of the SBU, including appointing public activists to the positions in the SBU, who meet the requirements of Article 19 of Law of Ukraine on the Security Service of Ukraine;
corruption prevention in the SBU;
bringing to foreseen by law responsibility of the SBU officers, who have committed corruption offences and also actions aimed at usurpation of authority by the President of Ukraine Viktor Yanykovich, undermining the fundamentals of the national security and protection of Ukraine or illegal violation of human rights and freedoms;
making amendment to the legislative acts of Ukraine;
4) carries out, orders public anti-corruption examination of regulatory acts and draft regulatory acts, based on the results of the expertise makes suggestions to relevant authorities or officials;
5) informs the public about its activity on its own web-site or through mass media;
6) submits the information regarding a vetted SBU officer, which the Council found out, to the SBU Head or the first deputy to consider imposition of prohibitions under the Law of Ukraine on Purification of Government;
7) assists the SBU in verification of data regarding imposition of prohibitions under Part 3 and 4 Article 1 of the Law of Ukraine on Purification of Government.
2. The Council has a right to:
receive at the request from units of the SBU Central Department, agencies, establishments, institutions of the SBU, Headquarters of the Antiterrorist Center under the SBU, the non-confidential data necessary for execution of powers;
receive from the SBU, in accordance with the established procedure, draft regulatory acts affecting rights, freedoms and legal interests of citizens, involving interagency interaction and subject to state registration, with the exception of confidential acts;
submit to the SBU Head or an authorized person recommendations and proposals of the Council on issues falling within its competence;
examine proposals and claims of public institutions, individuals on issues coming within Council’s competence;
involve the SBU officers as advisors in cooperation with the Council by consent of their chiefs;
send members of the Council as advisors to the units of the SBU Central Department, agencies, establishments, institutions of the SBU, Headquarters of the Antiterrorist Center under the SBU, upon request of their chiefs for consolidated settlement of issues of mutual interest;
create permanent or temporary working bodies (committees, commissions, task forces, expert groups, etc.);
involve experts of public bodies, enterprises, agencies and organizations, and other individuals by their consent, in activities held by the Council;
arrange and hold meetings, workshops, conferences, forums, participate in public events on implementation of the Law of Ukraine on Purification of Government;
appoint Council’s members and terminate their powers in accordance with the procedure established in these Regulations;
address other issues within the competence established in these Regulations.
III. Council’s organization
1. The Council functions free, on a basis of voluntary participation of public activists, human right defenders, media representatives, scholars and other individuals by their prior consent.
2. The Council is composed at the constituent assembly of the public. The time and place of such assembly is reported at the SBU official website. In order to take part in the assembly the citizens send applications to the SBU e-mail not later than the day prior the day of the assembly. The example of the application is on the SBU website.
The Council can’t include individuals subjected to prohibitions, stipulated by the Law of Ukraine on Lustration, which have unrevoked or unspent within the legal terms conviction for the criminal violations or which were held administratively liable for the criminal violations and also those, which were dismissed from the service for being unfit for the position for degradation or because of breaching the contract by the serviceman.
The Council on a regular basis may include the SBU and its unit’s officials, representatives of Ukrainian Institute of National Memory with the right of advisory vote.
3. The Council consists of twenty members.
4. The staff of the Council is elected on the statutory public meetings by simple majority of votes from the number of individuals, which attend such statutory meetings.
5. In case of necessity the number and the staff of the Council may be changed (re-elected) by a two-thirds vote from the number of individuals, which attend its meeting.
6. The authorities of the Council member may be terminated before time in case of:
1). Filing an holograph application on resignation form the Council;
2). If he unreasonably missed three in a row meetings of the Council on the condition that, such meetings took place not more frequently than once a week.
He doesn’t take part in the voting on termination of authorities (re-election) of such member of the Council.
7. In order to organize its work, the Council by the simple majority of votes from the number of the Council members, which attend its meeting, chooses the Council’s Chairman for a term of one quarter with the right of re-election and as well as revokes his authorities.
8. By a simple majority of votes of the Council members present at the meeting the secretary of the Council is elected and dismissed from his duties.
9. The meetings of the Council are chaired by every member of the Council with a right to vote by turn in alphabetical order.
10. Information about time and place of statutory meetings to compose a new Council is contained at the official website of the Security Service of Ukraine in 20 calendar days before the authorities of the previous composition of the Council expire.
IV. Arrangement of the Council’s work
1. The format of the Council’s work is the meetings that are held as appropriate but not less than once a month.
The time and the place of the Council next meeting are defined in the Council’s meeting. The announcement on the time and the place of the Council’s meeting is posted on the Council and the SBU official websites. Besides, the members of the Council are informed on the time and the place of the next Council’s meeting by the telephone and e-mail by the secretary of the Council.
Settling of the arrangements, related to the Council’s work, is entrusted with the Chairman and the secretary of the Council within their competence.
In case of necessity, the extraordinary session of the Council can be convened in the next Council’s meeting by the initiative of the Chairman, presiding chair, secretary of the Council, at least one third of the Council members or on the SBU Head or acting Head inquiry.
In case of the extraordinary Council’s session convocation, the correspondent announcement on the time and the place of the Council extraordinary session is posted on the Council and the SBU official websites. Moreover, the members of the Council are informed on the time and the place of the Council extraordinary session by the initiator of such convocation by means of the telephone and the mail report no later than 3 working days up to the date of such extraordinary session.
2. The meetings of the Council are lawful if more than half of the Council members among those, who have the right to vote, according to this Regulation, have been present. The decision of the Council is made by simple majority of the Council members’ voices, attended the meeting. In case of the vote’s equality, the vote of the chairman is deciding.
The members of the Council, unable to attend the Council’s meeting have to inform of their absence no later than 3 days before the Council’s meeting, except where the reason which preclude from taking part in the Council’s meeting occurred more recently, by means of the mail report at the Chairman or the secretary of the Council email address or at the Google-group gromrada_sbu, or to inform the Chairman or the secretary of the Council by using telephone or SMS.
3. The SBU officials, experts and other individuals with the consent of their chiefs may be invited to the meeting of the Council for the settlement of issues, related to the Council activities. Such invited individuals exercise the right of advisory vote on the meetings of the Council.
4. The Council’s decisions are set by the minutes, which are signed by the Chairman and the secretary of the Council. The transcripts of minutes of the meeting are handed over to the SBU Head.
5. The member of the Council, who doesn’t promote the decision, taken in the Council meeting, has the right to express his separate opinion in writing, which is to be attached to the minutes of the Council meeting.
6. The distant participation of the Council member in the meeting may be allowed if such participation is provided with video-, telephone or other communication and if the majority of those present in the meeting of the Council have no objection.
7. The decisions of the Council are of a recommendatory nature and are compulsory for considering in the SBU. The time period for consideration of such decisions of the Council is 10 working days.
8. The Council in the frameworks of its competence may form standing and intermediate working bodies (committees, commissions, working, expert groups etc.) on issue-related directions. The issue-related directions, the structure and operating procedures of such working bodies is defined by separate decisions of the Council.
V. Organizational and technical support of the Council’s activities
1. In accordance with the regulations and requirements on record-keeping issues, the SBU provides the premise for the Council, creates conditions for the work of the Council and its meetings holding, in other way contributes organization of the Council activities and also ensures registration and storage of documents, related to the activities of the Council.
2. The Council informs the SBU and the public on its activities by means of posting on the official website or publication in the other acceptable way of the materials, and namely: the regulations on the Council, the action plans, the key personnel, the minutes of the meetings, the statements of work etc.
For the Attention of the SBU Head