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ORDER OF THE MINISTRY OF ECONOMICS OF UKRAINE

of January 3, 2023 No. 40

About approval of the Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature

According to article 9-1 of the Law of Ukraine "About authorization system in the field of economic activity", Item 9 of the Regulations on the Ministry of Economics of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 (in edition of the resolution of the Cabinet of Ministers of Ukraine of February 17, 2021 to No. 124), I order:

1. Approve the Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature which is applied.

2. Declare invalid the order of the Ministry of Economic Development and Trade of Ukraine of March 24, 2017 No. 442 "About approval of the Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature and recognition No. 1064 which voided the Order of the Ministry of Economic Development and Trade of Ukraine of September 03, 2013", registered in the Ministry of Justice of Ukraine on April 19, 2017 at No. 514/30382.

3. To provide to department of regulatory policy and entrepreneurship submission of this order on state registration in the Ministry of Justice of Ukraine.

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

5. To impose control over the implementation of this order on the deputy minister of economy of Ukraine according to distribution of obligations.

Approved by the Order of the Ministry of Economics of Ukraine of January 3, 2023, No. 40

Procedure control of observance of requirements of the legislation concerning issue of documents of allowing nature

1. This Procedure determines tasks and procedure for carrying out by specially authorized body concerning authorization system in the field of economic activity which GRS, scheduled and unscheduled inspections of observance by allowing bodies (their officials) of requirements of the legislation concerning issue of documents of allowing nature and established procedure of their issue is.

2. In this procedure terms are used in the values given in the Law of Ukraine "About authorization system in the field of economic activity" (further - the Law).

3. Subject of checks are administrative and other documents of allowing bodies (their officials) concerning issue of documents of allowing nature, established procedure of their issue.

4. Objects of check are allowing bodies (their officials).

5. Subjects of check are officials of GRS and its territorial authorities which are part of the commission on conducting check (further - the commission), the representatives of executive bodies, local government bodies (their executive bodies), organizations and the organizations recruited by GRS in conducting check in coordination with their heads.

6. The state control of observance by allowing bodies (their officials) of requirements of the legislation concerning issue of documents of allowing nature and established procedure of their issue is performed by carrying out scheduled and unscheduled inspections.

7. Scheduled inspections are carried out according to the annual plan which affirms Ministry of Economics till December 01 of the year preceding planned.

The plan of conducting checks approved by the order of Ministry of Economics is posted on official websites of Ministry of Economics and GRS.

8. GRS sends to allowing body the notification on conducting planned inspection not later than three working days till its beginning.

The message goes to allowing body through system of electronic interaction of executive bodies (further - system of electronic interaction).

9. When conducting planned inspection of observance by allowing body (his official) of procedure for issue of each separate document of allowing nature (its type) the commission studies in detail and analyzes:

1) observance of procedure for acceptance from the subject of managing or the administrator of the statement and documents necessary for issue of documents of allowing nature (in particular, concerning completeness of the submitted documents), their registration and consideration;

2) observance of requirements of the law by allowing body concerning receipt of the approvals, the conclusions and other documents necessary for issue of the document of allowing nature, without involvement of the subject of managing;

3) observance of procedure and terms of decision making about issue of documents of allowing nature and about refusal in issue of documents of allowing nature;

4) observance of procedure and terms of issue of documents of allowing nature, provision of the written notice to the subject of managing (administrator) of refusal in issue of the document of allowing nature;

5) ensuring with allowing body (his officials) of promulgation and the Open entry to information necessary for subjects of managing for implementation of economic activity by them.

10. Unscheduled inspections are carried out by GRS on the bases determined by part two of article 9-1 of the Law. Unscheduled inspection can be carried out on the location of allowing body (his official) or in GRS (its territorial authority).

During unscheduled inspections only those questions which became the basis for conducting such check become clear.

Carrying out unscheduled inspection on the same fact (facts) which was (being) basis for earlier carried out unscheduled inspection is forbidden, except case of non-admission of the commission to conducting check that is confirmed by the act of creation of obstacles.

Object of check is not reported about carrying out unscheduled inspection.

11. The term of conducting checks cannot exceed five working days.

12. In conducting check representatives of executive bodies, local government bodies (their executive bodies), organizations and the organizations in coordination with their heads can be recruited.

13. The commission consists at least of two officials of GRS and/or its territorial authorities from among which the commission chairman, which is appointed:

is responsible for timely conducting check;

distributes obligations on task performance during conducting check between members of the commission and exercises control of their accomplishment.

14. GRS issues the order on carrying out scheduled or unscheduled inspection (further - the order) in which are specified:

basis for conducting check;

structure of the commission and its chairman;

check subject;

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