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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 19, 2020 No. 734

About approval of criteria by which the risk degree from implementation of economic activity on mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of development of economy by the Ministry, trade and agricultural industry 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 criteria by which the risk degree from implementation of economic activity on mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of development of economy by the Ministry, trade and agricultural industry which are applied is determined.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of October 26, 2016 "About approval of criteria by which the risk degree from implementation of economic activity in the sphere of mediation in employment abroad is estimated and is determined No. 750 frequency of holding planned actions of the state supervision (control) of social policy by the Ministry" (The Official Bulletin of Ukraine, 2016, No. 87, the Art. 2834);

Item of 36 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

D. Shmygal

Approved by the resolution of the Cabinet of Ministers of Ukraine of August 19, 2020 No. 734

Criteria by which the risk degree from implementation of economic activity on mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of development of economy by the Ministry, trade and agricultural industry is determined

1. Criteria by which the risk degree from implementation of economic activity on mediation in employment abroad is estimated are:

the term of implementation of economic activity on mediation in employment abroad;

the actual number of persons employed abroad within the last five years preceding planning period;

availability within the year preceding planning period of reasonable appeals of physical persons, physical persons entrepreneurs, legal entities that owing to violation by the licensee of licensed conditions material damage is caused to such persons or their legitimate rights or the interests by results of which check violations of licensed conditions are revealed are violated;

the number of violations of the licensed conditions revealed by results of holding actions of the state supervision (control) within the last five years preceding planning period.

2. Risks of approach of negative consequences from implementation of economic activity in employment are abroad determined by mediation in appendix 1.

3. The list of criteria by which the risk degree from implementation of economic activity on mediation in employment abroad 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) for mediation in employment are abroad performed by Ministry of Economics concerning subject of managing which belongs to:

high risk, - not more often than every two years;

average risk degree - not more often than once in three years;

insignificant risk degree - not more often than once in five years.

6. If by results of holding planned and unplanned actions of the state supervision (control) within the last six years at subjects of managing which are carried to average risk degree and within the last ten years at subjects of managing which are carried to insignificant risk degree, fundamental breaches of requirements of the legislation for mediation in employment abroad 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 by which the risk degree from implementation of economic activity on mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of development of economy by the Ministry, trade and agricultural industry is determined

Risks of approach of negative consequences from implementation of economic activity on mediation in employment abroad

Purposes of the state supervision (control) (code)

Risk of approach of negative consequences 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 consequences

negative consequence

Life and health of the person (About 1)

violation of conditions of the external economic agreement (contract) on provision of services on mediation in employment abroad signed with the foreign subject of managing, and the employment contract

the death of the person, harm to health of the person, hit in human trafficking situation

the term of implementation of economic activity on mediation in employment abroad

the actual number of persons employed abroad within the last five years preceding planning period

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