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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 9, 2015 No. 1168

About approval of Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by rail

According to Item and paragraph one of part two of article 9 of the Law of Ukraine "About licensing of types of economic activity" the Cabinet of Ministers of Ukraine decides 24 parts one of Article 7:

1. Approve Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by rail which are applied.

2. To the ministries and other central executive bodies to bring in two-month time own regulatory legal acts into accord with this resolution.

Prime Minister of Ukraine

A. Yatsenyuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 9, 2015 No. 1168

Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by rail

General provisions

1. These Licensed conditions establish the exhaustive list of the documents enclosed to the application for receipt of the license, and also the personnel, organizational, production requirements obligatory for accomplishment by subjects of managing when implementing economic activity on transportation of passengers, dangerous goods and dangerous wastes by rail (further - type of the economic activity which is subject to licensing).

2. In these Licensed conditions the term "procedural conditions" means engineering procedures, provisions, instructions, procedures which contain the technical, production and other requirements, conditions and procedure for accomplishment of processes and/or rendering services which are not contradicting the legislation.

Other terms are used in the value given in Civil and Economic codes of Ukraine, the Laws of Ukraine "About licensing of types of economic activity", "About transport", "About rail transport", "About transportation of dangerous goods", "About natural monopolies", "About applications of registrars of settlement transactions in the field of trade, public catering and services", "About consumer protection", "About transit of loads", "About protection of the economic competition", "About defense of Ukraine", resolutions of the Cabinet of Ministers of Ukraine of March 19, 1997 No. 252 "About the Procedure for servicing of citizens by rail" (The Official Bulletin of Ukraine, 1997, No. 12, page 167), of April 6, 1998 No. 457 "About approval of the Charter of the railroads of Ukraine" (The Official Bulletin of Ukraine, 1998, No. 14, the Art. 548), of March 1, 2010 No. 193 "About approval of the Technical regulation of provision of services on transportation of passengers and loads by rail" (The Official Bulletin of Ukraine, 2010, No. 14, the Art. 672), of March 30, 2011 No. 316 "About approval of the list of the works and services relating to the main activities of rail transport, and the Procedure for redistribution of receipts of the income from the main activities of rail transport" (The Official Bulletin of Ukraine, 2011, No. 24, the Art. 981), the Directive of Council of the European Community 95/18/EEC of June 19, 1995. "About licensing of the railway servicing companies", the Directive 2004/49/EU of the European Parliament and EU Council of April 29, 2004. "About safety of the railroads in Community (The directive on safety at the companies of rail transport)".

3. Action of these Licensed conditions extends to all subjects of managing, irrespective of their form of business and pattern of ownership (further - subjects of managing) performing type of the economic activity which is subject to licensing (fully or partially).

4. Forms of statements for receipt of the license or its renewal and descriptions of documents which are enclosed to the corresponding application are given in appendices 1 - 3.

The list of the supporting documents enclosed to the application for receipt of the license

5. The license applicant submits to body of licensing the application for receipt of the license and supporting documents on the inventories determined in Items 6 and 7 of these Licensed conditions.

6. The license applicant who intends to obtain the license for the right of implementation of type of the economic activity which is subject to licensing regarding transportation of passengers by rail submits the method provided by part one of article 10 of the Law of Ukraine "About licensing of types of economic activity" to body of licensing the statement for receipt of the license and such supporting documents according to the inventory:

1) the copy of the order on creation and procedure for functioning of specialized division on liquidation of emergency situations or the relevant agreement with the third specialized parties;

2) copy of the order on appointment of person responsible for the organization of transportations of passengers;

3) copies of documents on the higher education on educational qualification level of the master/specialist in "The organization of transportations and management on transport (on modes of transport)" or the bachelor in "The organization of transportations and management on transport (on modes of transport)", length of service in the field of transportations of passengers and advanced training in the specialty persons responsible for the organization of transportations of passengers

4) information on absence over the license applicant of control in the value given in article 1 of the Law of Ukraine "About protection of the economic competition" by residents of the states performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine" and/or actions of which create conditions for emergence of the military conflict and use of military force against Ukraine;

5) information on absence outstanding or not removed in the procedure for criminal record established by the law for making of intentional crimes at the head and the deputy (deputies) the director;

6) the copy of procedural conditions certified by the subject of managing;

7) the copy of the certificate of conformity of accomplishment of processes and/or provision of services certified in accordance with the established procedure on transportation of passengers by rail to procedural conditions and the legislation in the field of transportation of passengers by rail.

7. The license applicant who intends to obtain the license for the right of implementation of type of the economic activity which is subject to licensing regarding transportation of dangerous goods and dangerous wastes by rail submits the method provided by part one of article 10 of the Law of Ukraine "About licensing of types of economic activity" to body of licensing the statement for receipt of the license and such supporting documents according to the inventory:

1) the copy of the order on creation and procedure for functioning of specialized division on liquidation of emergency situations or the relevant agreement with the third specialized parties;

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