Unofficial transfer (c) Soyuzpravoinform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 12, 2023 No. 1297

About approval of the Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing

According to part one of article 19 of the Law of Ukraine "About licensing of types of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing which is applied.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of March 16, 2016 No. 182 "About approval of the Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing" (The Official Bulletin of Ukraine, 2016, No. 23, the Art. 916).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 12, 2023, No. 1297

Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing

General provisions

1. This Procedure determines the procedure of carrying out GRS as specially authorized body concerning licensing (further - authorized body) actions of the state supervision of observance of licensing of requirements of the legislation by body in the field of licensing.

2. In this Procedure terms are used in the following value:

the commission of authorized body group of officials of GRS and/or its territorial authorities which are determined by the order GRS for conducting check of body of licensing (further - the commission);

creation of obstacles in implementation by the commission of the powers non-admissions assigned to it and/or failure to provide of easy access of the commission to premises of body of licensing for conducting check, non-presentation in the terms established by the commission, information (submission of information not in full, unreliable information and/or information beside the point the questions raised in request of the commission), check, necessary for carrying out, non-presentation in the terms established by the commission, the documents (certified in the procedure for their copies established by the legislation) necessary for conducting check;

the letter - the requirement - the written appeal, request of the commission, obligatory to consideration and accomplishment of licensing by body (his officials), with indication of data (information and/or documents), need in which obtaining arises when checking behind observance of licensing by body (his officials) of requirements of the legislation in the field of licensing.

Other terms are used in this procedure in the value given in the Laws of Ukraine "About electronic confidential services", "About licensing of types of economic activity" and "About information security in information and communication systems".

3. Measures of the state supervision are the scheduled and unscheduled inspections determined by this Procedure which are carried out by the commission on observance and accomplishment of licensing by body (his officials) of requirements of the legislation in the field of licensing (further - checks). In form check can be exit (on the location of body of licensing) or not eligible to travel abroad (on the location of authorized body).

4. Scheduled inspections are carried out according to annual or quarter plans which affirm authorized body and posted on its official website till December 1 of the year previous planned or to the 25th day of the last month of the quarter preceding planned.

Scheduled inspection of the same body of licensing by separate type of licensing of economic activity can be carried out not more often than once a year.

5. The authorized body sends to body of licensing the notification on conducting planned inspection not later than ten calendar days till its beginning.

The message goes the registered mail means of mail service or with use of system of electronic interaction of executive bodies (further - system of electronic interaction), or is handed personally to the head of body of licensing or person authorized by it under the sign manual.

In case of acceptance by the head of authorized body of the decision on conducting scheduled inspection not eligible to travel abroad the notification of body of licensing on its carrying out goes with use of system of electronic interaction or technical means of electronic communications, or the registered mail means of mail service.

6. During conducting planned inspection the commission studies questions of observance of requirements of the legislation in the field of licensing, in particular, on:

1) forming and conducting licensed cases;

2) ensuring availability of information in the field of licensing, including placement on the official website of body of licensing of the relevant information;

3) procedure for forming, maintaining the licensed register and terms of introduction of data in it;

4) representation of annual licensed reports to authorized body;

5) the Procedure for acceptance and registration of licensing of decisions by body in the field of licensing;

6) availability/lack of delegation by body of licensing to its territorial subdivisions of powers of body of licensing;

7) procedure for consideration of the applications about receipt of the license and the bases for their leaving without consideration, refusal in licensing;

8) Procedure for consideration of the applications about renewal of the license, narrowing or expansion of implementation by the licensee of type of the economic activity which is subject to licensing, suspension or renewal of action of the license completely or selectively;

9) the notification procedure of license applicants and/or licensees about the decisions made by body of licensing in the field of licensing;

10) implementation of licensing of control measures by body behind observance and accomplishment by licensees of licensed conditions;

11) considerations of appeals of physical persons and legal entities concerning violation by licensees of requirements of the legislation in the field of licensing;

12) elimination of licensing of violations of the requirements of the legislation by body in the field of licensing revealed by the commission when carrying out preliminary scheduled or unscheduled inspection;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info