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Ministry of Justice of Ukraine

February 14, 2020

No. 170/34453

ORDER OF THE MINISTRY OF DEVELOPMENT OF ECONOMY, TRADE AND AGRICULTURAL INDUSTRY OF UKRAINE, PUBLIC REGULATORY SERVICE OF UKRAINE

of February 3, 2020 No. 164/12

About approval of the Regulations on Expert and appeal council on questions of licensing

(as amended on 28-12-2020)

According to part one of article 5 of the Law of Ukraine "About licensing of types of economic activity" PRIKAZYVAYEM:

1. Approve Regulations on Expert and appeal council on questions of licensing which are applied.

2. Declare invalid the order of the Ministry of Economic Development and Trade of Ukraine and the Public regulatory service of Ukraine of 14.07.2015 No. 783/40 "About approval of Regulations of Expert and appeal council on questions of licensing", registered in the Ministry of Justice of Ukraine 15.07.2015 for No. 847/27292.

3. To provide to department of regulatory policy and entrepreneurship of the Ministry of development of economy, trade and agricultural industry of Ukraine in accordance with the established procedure submission of this order on state registration in the Ministry of Justice of Ukraine.

4. We reserve control of execution of this order.

5. This order becomes effective from the date of its official publication.

Minister of development of economy, trade and agricultural industry of Ukraine

T. Milovanov

Acting as Chairman of the Public regulatory service of Ukraine

A. Miroshnichenko

Approved by the Order of the Ministry of development of economy, trade and agricultural industry of Ukraine, the Public regulatory service of Ukraine of February 3, 2020 No. 164/12

Regulations on Expert and appeal council on questions of licensing

I. General provisions

1. This Provision determines organizational and procedural bases of activities of Expert and appeal council on questions of licensing (further - Council).

2. Council is permanent collegiate organ under specially authorized body concerning licensing (further - GRS).

3. Council in the activities is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, other regulatory legal acts, and also this Provision.

II. Organizational bases of activities of Council

4. GRS forms Council and provides its activities.

5. Powers of Council extend to the sphere of licensing of all types of economic activity, are determined only by the Law of Ukraine "About licensing of types of economic activity" (further - the Law) and cannot be limited to other laws.

6. Council is headed by the chairman who on position is the head of specially authorized body concerning licensing.

The chairman of the board has the first deputy and the deputy. In case of absence of the chairman of its obligation the first deputy performs, and in case of absence and the first deputy - the vice-chairman.

The first deputy chairman is appointed from representatives of the public, scientists, subjects of managing or their associations by results of election as his members of council. The vice-chairman is appointed the chairman of the board from among government employees.

7. The structure of Council is created according to offers of public organizations, subjects of managing and their associations, officials of bodies of licensing and scientific institutions and affirms specially authorized body concerning licensing.

Representatives of public organizations, subjects of managing, their associations and scientists are attracted in structure of Council in number of at least 50 percent of its structure.

Representatives of public authorities which provide forming, realization of state policy in the field of licensing of economic activity and bodies of licensing constitute 50 percent of structure of Council.

8. Changes are made to structure of Council by the order GRS about what appears presiding over the regular meeting of Council.

9. From among his members the secretary of Council is appointed the chairman of the board.

In case of absence of the secretary of Council of its obligation one of members of council according to the order GRS performs.

10. Obligations of Council are:

1) consideration of claims of license applicants, licensees to actions (failure to act) of body of licensing concerning violation of the law in the field of licensing;

2) consideration of appeals of bodies of licensing concerning carrying out unscheduled inspections of observance by licensees of requirements of licensed conditions on the bases provided by Items 2, 4 and 5 parts three of article 19 of the Law.

11. Council according to the powers assigned to it has the right:

1) to consider offers concerning implementation of licensing new or cancellations of the operating type of economic activity (part (parts) of type of economic activity) and to request required materials for their consideration;

2) to develop recommendations about enhancement of state policy in the field of licensing;

3) to carry out expertize of drafts of regulatory legal acts or offers in the field of licensing.

12. The government employees invited on a voluntary basis, scientists and other specialists (in the consent of their heads) for receipt of consultations and conducting examination of documents in the field of licensing can participate in meetings of Council.

III. Preparation for holding meeting of Council

13. Form of work of Council are meetings which are held as necessary, but at least once a month, and are competent in case of presence at least a half of members of council.

During action of quarantine and establishment of the rationing arrangements connected with spread of sharp respiratory disease of COVID-19, of SARS-CoV-2, caused by coronavirus which make impossible holding meeting of Council such meeting can be held in the video conference mode with use of information and communication technologies what it is told in the agenda of such meeting about.

Technical supply of holding meeting of Council in the mode of video conference is performed by GRS.

Preparation for holding meeting, carrying out and registration of results of meeting of Council in the mode of video conference are performed in general procedure.

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