RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 10, 2018 No. 342

About approval of techniques of development of criteria by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control), and also the unified forms of the statements which are drawn up by results of holding planned (unplanned) actions of the state supervision (control) 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:

1. Approve enclosed:

Technique of development of criteria by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) is determined;

Technique of development of the unified forms of the statements which are drawn up by results of holding planned (unplanned) actions of the state supervision (control).

1-1. Determine that provisions of the techniques approved by this resolution are not applied till September 1, 2018.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective in month from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 No. 342

The technique of development of criteria by which the risk degree from implementation of economic activity is estimated and is determined frequency of holding planned actions of the state supervision (control)

General provisions

1. This Technique establishes single approach to development (control) of criteria by state supervision bodies by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) is determined (further - criteria).

2. Criteria are developed by state supervision body (control) in the sphere carried to its maintaining according to requirements of the legislation taking into account this Technique, negative consequences this about approach from implementation of economic activity of subjects of managing, offers of public associations and affirm the Cabinet of Ministers of Ukraine.

If bodies, authorized to exercise the state supervision (control) in the respective spheres, the local state administrations and/or local government bodies are, criteria are developed by the central executive bodies, providing forming of state policy in the respective spheres.

3. Criteria are subject to revision at least once in three years.

Requirements for development of criteria

4. In case of development of criteria the analysis is carried out:

1) the number of the subjects of managing which are subject to the state supervision (control) in the respective sphere;

2) the number of violations by subjects of managing of the requirements of the legislation in the respective sphere revealed by state supervision body (control) for the period at least five years (separately by every year, type of offense, planned and unplanned actions of the state supervision (control), subjects of managing of high, average, insignificant risk degree);

3) cases of approach of negative consequences from implementation of economic activity for the period at least five years, their scale, the reasons (conditions) and quantity (general, and also separately by every year, the scale of consequences, subjects of managing of high, average, insignificant risk degree);

4) quantitative and qualitative indexes (characteristics) of economic activity of the subjects of managing in the respective sphere specifying possibility of approach of negative consequences from implementation of economic activity (the scale, type and the sphere of economic activity, potential production and production resources, the number of workers, hardware, technology and production organization, amount of production, performance of works, rendering services, characteristics of objects on which economic activity, quantities of objects of the increased danger, machines, mechanisms, the equipment and works of the increased danger, other factors which can lead to approach of negative consequences from implementation of economic activity and the possible amount of losses in case of their approach is performed).

Criteria are determined on the basis of the revealed communications between negative consequences (taking into account their scale, the reasons (conditions) and quantity) both the corresponding quantitative and qualitative indexes (characteristics) of economic activity of subjects of managing.

5. In case of determination of criteria the condition of observance by subjects of managing of requirements of the legislation in the respective sphere is considered.

6. In case of development of criteria are determined:

1) the sphere of the state supervision (control) in which criteria, the answering purpose of the state supervision (control) and risks assessment of approach of negative consequences from implementation of economic activity are applied;

2) the name of state supervision body (control), authorized to perform actions of the state supervision (control) in the respective sphere;

3) exhaustive list of criteria;

4) clear, clear and measurable measures of criteria by which the risk degree is determined;

5) the number of the points charged on each indicator of criteria;

6) scale of points with indication of the ranges of points which correspond high (from 41 to 100 points), average (from 21 to 40 points) and insignificant (from 0 to 20 points) risk degrees;

7) regulations on frequency of holding planned actions of the state supervision (control).

7. The form according to appendix 1 is applied to risk identification of approach of negative consequences from implementation of economic activity.

8. The number of the points charged on each indicator of criteria shall reflect degree of the corresponding risk.

9. For determination of the exhaustive list of criteria, their indicators, the number of points on each indicator, scales of points and frequency of holding planned actions of the state supervision (control) the form to soglasnoprilozheniye 2 is applied.

Requirements to reference of subjects of managing to risk degree

10. Reference of the company to one of three risk degrees (high, average, insignificant) is performed taking into account score, points added by all criteria in the respective sphere according to scale.

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