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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 23, 2019 No. 39

About approval of criteria by which the risk degree from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) by the National commission on securities and the stock market is determined

According to part two of article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

Approve criteria by which the risk degree from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) by the National commission on securities and the stock market which are applied is determined.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 23, 2019 No. 39

Criteria by which the risk degree from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) by the National commission on securities and the stock market is determined

1. Criteria by which the risk degree from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing is estimated are:

amounts, scale of activities of the subject of managing;

financial performance of activities of the subject of managing;

availability of violations of requirements of the legislation in the security market in activities of the subject of managing.

2. Risks of approach of negative consequences from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing are determined in appendix 1.

3. The list of criteria by which the risk degree from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing, their indicators is estimated the number of points are determined by each indicator in appendix 2.

4. Reference of the subject of managing to high, average or insignificant risk degree is performed taking into account score, added by all criteria determined in appendix 2, by the following scale:

from 41 to 100 points - to high risk;

from 21 to 40 points - to average risk degree;

from 0 to 20 points - to insignificant risk degree.

5. Planned actions of the state supervision (control) concerning implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing are performed by the National commission on securities and the stock market concerning activities of subjects of managing which are carried:

to high risk - is not more often than once in two years;

to average risk degree - is not more often than once in three years;

to low risk degree - is not more often than once in five years.

Frequency of holding the following planned event of the state supervision (control) of rather appropriate subject of managing is counted of end date of planning period in which the action of the state supervision (control) was performed.

6. If by results of planned and unplanned actions of the state supervision (control) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing fundamental breaches of requirements of the legislation in the sphere of professional activity in the security market are not revealed, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

Appendix 1

to Criteria by which the risk degree from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) by the National commission on securities and the stock market is determined

Risks of approach of negative consequences from implementation of economic activity in the sphere of the professional activity in the security market which is subject to licensing

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