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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 7, 2023 No. 1168

About approval of criteria by which the risk degree from implementation of economic activity by specialized or specialized metallurgical processing enterprises in the sphere of procurement of scrap metal and transactions with scrap metal is estimated and frequency of holding planned actions of the state supervision (control) by local public administrations 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:

Approve criteria by which the risk degree from implementation of economic activity by specialized or specialized metallurgical processing enterprises in the sphere of procurement of scrap metal and transactions with scrap metal is estimated and frequency of holding planned actions of the state supervision (control) by local public administrations which are applied is determined.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 7, 2023 No. 1168

Criteria by which the risk degree from implementation of economic activity by specialized or specialized metallurgical processing enterprises in the sphere of procurement of scrap metal and transactions with scrap metal is estimated and frequency of holding planned actions of the state supervision (control) by local public administrations is determined

1. Criteria by which the risk degree from implementation of economic activity by specialized or specialized metallurgical processing enterprises in the sphere of procurement of scrap metal and transactions with scrap metal is estimated (further - the companies) and determine frequency of holding planned actions of the state supervision (control) by the local state administrations, are:

observance of requirements by the companies which are determined by the Law of Ukraine "About scrap metal";

the number of violations of requirements of the Law of Ukraine "About scrap metal", made by the companies, revealed by results of planned or unplanned actions of the state supervision (control) within the last two years preceding planning period;

the quantity considered within the last year preceding planning period, claims of physical persons and legal entities by results of which consideration the local state administrations provide (is directed) the instruction about elimination of violations and shortcomings concerning fulfillment of requirements of the Law of Ukraine "About scrap metal", made by the companies performing procurement.

2. Risks of approach of negative consequences from implementation of economic activity by the companies are determined in appendix 1.

3. The list of criteria by which the risk degree from implementation of economic activity by the companies is estimated their indicators and the number of points are 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) of the companies perform the local state administrations 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 the companies carried to average risk degree and within the last ten years for the subjects of managing carried to insignificant risk degree at the subject of managing fundamental breaches of requirements of the legislation in the sphere of procurement of scrap metal and transactions with scrap metal are not revealed, the following planned measure of the state supervision (control) concerning such companies is carried out not earlier than through the period of time established for the corresponding risk degree it is increased in time 1,5.

Appendix 1

to Criteria by which the risk degree from implementation of economic activity by specialized or specialized metallurgical processing enterprises in the sphere of procurement of scrap metal and transactions with scrap metal is estimated and frequency of holding planned actions of the state supervision (control) by local public administrations is determined

Risks approach of negative consequences from implementation of economic activity by specialized or specialized metallurgical processing enterprises in the sphere of procurement of scrap metal and transactions with scrap metal

The sphere of the state supervision (control) - procurement of scrap metal and transaction with scrap metal

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