RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 31, 2018 No. 902

About approval of criteria by which the risk degree from implementation of economic activity in the field of the educational activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Education and Science, regional, Kiev city is determined by public administrations

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 the educational activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Education and Science, regional, Kiev city is determined by public administrations which are applied.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of February 28, 2018 No. 127 "About approval of criteria by which the risk degree from implementation of economic activity in the field of the educational activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Education and Science, regional, Kiev city is determined by public administrations" (The Official Bulletin of Ukraine, 2018, No. 23, the Art. 784).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 31, 2018 No. 902

Criteria by which the risk degree from implementation of economic activity in the field of the educational activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Education and Science, regional, Kiev city is determined by public administrations

1. Treat criteria by which the risk degree from implementation of economic activity in the field of the educational activities which are subject to licensing is estimated:

term of implementation by the subject of managing of educational activities;

observance by the subject of managing of requirements of licensed conditions of implementation of educational activities;

the number of the unplanned events of the state supervision (control) held by body of licensing concerning the subject of managing within the last three years preceding planning period in connection with:

- identification and confirmation of unauthenticity of the data declared by the subject of managing in the document of the obligatory reporting except cases when the subject of managing within a month from the date of primary representation repeatedly filed such document with the specified reliable data or if unauthenticity of data is result of obvious slip or arithmetic mistake which does not influence contents of the provided reporting;

- failure to provide documents of the obligatory reporting by the subject of managing for two accounting periods in a row without valid excuse or without provision of written explanations about the reasons interfering submission of such documents;

- approach of accident, the death of the victim owing to accident or occupational disease which was connected with activities of the subject of managing;

the sphere of educational activities which is performed by the subject of managing;

the number of reasonable appeals of physical persons about violation of requirements of licensed conditions of implementation of educational activities by the subject of managing which entailed harm to their rights, legitimate interests, to life or health, the environment or safety of the state, within the last three years;

training (education) in organization of education of foreigners and stateless persons;

availability of the messages which arrived in body of licensing from the controlling or law enforcement agencies on violation by the subject of managing of requirements of the licensed conditions of implementation of educational activities revealed during implementation of actions of the state supervision (control) within the last three years preceding planning period;

implementation of educational activities for the specialties providing assignment of professional qualification by professions for which additional regulation is entered.

2. Risks of approach of negative effects from implementation of economic activity in the field of the educational activities which are 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 field of the educational 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 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) in the field of the educational activities which are subject to licensing are performed by MON, regional, Kiev city the state administrations behind activities of subjects of managing 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) 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 educational activities 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.

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