RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 1, 2017 No. 904

About approval of criteria by which the risk degree from implementation of economic activity in the field of provision of services of the electronic digital signature is evaluated and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection 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 field of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Approve criteria by which the risk degree from implementation of economic activity in the field of provision of services of the electronic digital signature is evaluated and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection which are applied is determined.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of August 13, 2014 No. 329 "About approval of criteria by which the risk degree from implementation of economic activity in the field of services of the electronic digital signature is evaluated and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection is determined" (The Official Bulletin of Ukraine, 2014, No. 66, the Art. 1830).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 1, 2017 No. 904

Criteria by which the risk degree from implementation of economic activity in the field of provision of services of the electronic digital signature is evaluated and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection is determined

1. Criteria by which the risk degree from implementation of economic activity in the field of provision of services of the electronic digital signature is evaluated are:

the number of the created certificates of users of services of the electronic digital signature;

availability of the facts of violation of requirements of the legislation concerning implementation of economic activity in the field of provision of services of the electronic digital signature.

2. According to the established criteria subjects of managing treat one of three risk degrees - high, average or insignificant.

3. Subjects which correspond at least to one of the following conditions concern to subjects of managing with high risk:

created more than 500 thousand strengthened certificates of public keys of subscribers within accounting year;

within the last two years previous planned, but at least by results of two last measures of the state (supervision) control allowed violations of requirements of the legislation concerning implementation of economic activity in the field of provision of services of the electronic digital signature.

4. Subjects which correspond at least to one of the following conditions concern to subjects of managing with average risk degree:

created within accounting year from 10 thousand to 500 thousand strengthened certificates of public keys of subscribers;

within the last three years previous planned, but at least by results of two last measures of the state (supervision) control allowed violations of requirements of the legislation concerning implementation of economic activity in the field of provision of services of the electronic digital signature.

5. Subjects which correspond at least to one of the following conditions concern to subjects of managing with insignificant risk degree:

created up to 10 thousand strengthened certificates of public keys of subscribers within accounting year;

perform economic activity in the field of provision of services of the electronic digital signature on servicing only of certificates of public keys.

6. If the subject of managing can be carried at the same time to two or more risk degrees, such subject belongs to more high risk from to what it can be carried.

7. Planned events of the state supervision (control) of activities of subjects of managing in the field of provision of services of the electronic digital signature are held by Administration of Gosspetssvyaz with the following frequency:

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

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

with insignificant risk degree - is not more often than once in five years.

8. If by results of planned and unplanned actions of the state supervision (control) (in the presence) 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 violations of requirements of the legislation in the field of provision of services of the electronic digital signature are not revealed, the following planned event 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.

If from the date of adoption of such decision by results of unscheduled inspections violations by the subject of managing of requirements of the legislation in the respective sphere are revealed, the following planned event of the state supervision (control) concerning such subject of managing is held in the next planning period.

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