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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 19, 2018 No. 747

About approval of criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) of tourism development by the State agency is determined

(as amended on 25-07-2023)

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 the tour operator activities which are subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) of tourism development by the State agency which are applied is determined.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of March 16, 2017  "About approval of criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and is determined No. 153 frequency of implementation of planned actions of the state supervision (control) by the Ministry of Economic Development and Trade" (The Official Bulletin of Ukraine, 2017, No. 26, the Art. 743);

Item of 38 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of December 18, 2017 No. 1103 (The Official Bulletin of Ukraine, 2018, No. 17, the Art. 573).

Prime Minister of Ukraine 

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 19, 2018 No. 747

Criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) of tourism development by the State agency is determined

1. To criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and frequency of holding planned actions of the state supervision (control) is determined, belong:

type of tour operator activities (outbound, entrance and internal tourism);

amount of the provided tourist services (the number of tourists who used services of tour operators within the year preceding planning period);

availability within the last three years preceding planning period, violations of the licensed conditions of implementation of tour operator activities established by results of actions of the state supervision (control);

availability of the judgment which took legal effect about satisfaction of the civil action of the consumer of tourist services at tour operator or other civil action by which failure to provide or inadequate rendering of services by tour operator, within the last three years preceding planning period is confirmed.

2. Risks of approach of negative effects from implementation of the tour operator activities which are subject to licensing are determined in appendix 1.

3. The exhaustive list of criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated, their indicators and the number of points is determined by each indicator in appendix 2.

4. Reference of the subjects of managing performing tour operator activities 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 - high risk;

from 21 to 40 points - average risk degree;

from 0 to 20 points - insignificant risk degree.

5. Planned actions of the state supervision (control) of observance by subjects of managing of licensed conditions of implementation of tour operator activities are performed by DART with such 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.

6. 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 fundamental breaches of licensed conditions of implementation of tour operator activities 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

Risks of approach of negative effects from implementation of tour operator activities which are subject to licensing

Purposes of the state supervision (control) (code)

Risk of approach of negative effects from implementation of economic activity

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

event which contains risk of approach of negative effects

negative effect

Life and health of the person (About 1)

failure to provide tour operator obligatory (medical and from accident) travel insurance, performing tourist travel

damnification to health of the consumer of tourist services

availability within the last three years preceding planning period, violations of the licensed conditions of implementation of tour operator activities established by results of actions of the state supervision (control)

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