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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 24, 2019 No. 671

About approval of criteria by which the risk degree from implementation of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing and is estimated frequency of holding planned actions of the state supervision is determined (control) by Security service

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 economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing and is estimated frequency of holding planned actions of the state supervision is determined (control) by Security service which are applied.

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

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 24, 2019 No. 671

Criteria by which the risk degree from implementation of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing and is estimated frequency of holding planned actions of the state supervision is determined (control) by Security service

1. Criteria by which the risk degree from implementation of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing is estimated are:

the number of special technical means for removal of information from communication channels and other technical means of secret receipt of information which are developed, made or delivered by the subject of managing for the last year preceding planning period;

implementation of the activities connected with the state secret;

the number of violations of licensed conditions of implementation of the activities connected with development, production, delivery of special technical means for removal of information from the communication channels and other technical means of secret receipt of information revealed by results of the events of the state supervision (control) held within the last five years preceding planning period;

availability of the facts of attraction to administrative and/or criminal liability of officials of the subject of managing for violation of licensed conditions;

experience of the subject of managing in implementation of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing (from the date of receipt of the license);

performance of works on development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information.

2. Risks of approach of negative effects from implementation of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing are determined in appendix 1.

3. The list of criteria, by which the risk degree from implementation of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing their indicators and the number of points on, to each indicator it is estimated it is determined in appendix 2.

4. Reference of subjects of managing which economic activity is connected with development production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing, 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) of the activities of subjects of managing connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing are held by Security service 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 requirements of the legislation in the field of the economic activity connected with development, production, delivery of special technical means for removal of information from communication channels and other technical means of secret receipt of information which is subject to licensing the following planned event concerning such subject of managing are not revealed it 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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