Unofficial transfer (c) Soyuzpravoinform LLC
of October 10, 2024 No. 4017-IX
About modification of some legal acts of Ukraine in connection with adoption of law of Ukraine "About ministerial procedure"
The Verkhovna Rada of Ukraine decides:
I. Make changes to the following legal acts of Ukraine:
1. In the Code of Ukraine about subsoil (The sheet of the Verkhovna Rada of Ukraine, 1994, No. 36, the Art. 340):
1) in Article 3:
in word part one "the Law of Ukraine "On protection of the surrounding environment" shall be replaced with words "the laws of Ukraine "On ministerial procedure", "About protection of the surrounding environment";
after part one to add with new part of the following content:
"The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in spheres of use of natural resources and the mountain relations are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code".
With respect thereto second and third to consider parts respectively parts three and the fourth;
The word "cancels" 2) in Article 13 part seven "stops" to replace with the word;
" Shall be replaced with words 3) in part seven of Article 16 2 of the word of "the Law of Ukraine "On authorization system in the field of economic activity "the laws of Ukraine "On ministerial procedure", "About authorization system in the field of economic activity";
4) in Article 16 3:
to state Item of 1 part twelve in the following edition:
"1) identification in the submitted documents of false information provided that the subject of managing was given opportunity to eliminate defects of the statement and to add necessary documents and data";
add with part of the following content:
"The decision on refusal in provision of special permission or mountain branch is accepted, on condition of providing in necessary cases of the right of person to participation in administrative production provided by the Law of Ukraine "About ministerial procedure";
Item 2 parts nine of Article 16 6 to state 5) in the following edition:
"2) identification in the submitted documents of false information provided that the subject of managing was given opportunity to eliminate defects of the statement and to add necessary documents and data";
Article 17 to state 6) in the following edition:
"Article 17. Mountain branch
Mountain branch is the part of subsoil provided to users for industrial development of mineral deposits.
Mountain branch is provided only for mountain objects, development of mineral deposits on which is performed by underground method. Use of natural resources outside mountain branch on such objects is forbidden.
Mountain branch for the mountain objects provided by part two of this Article is provided by the central executive body realizing state policy in the field of labor protection, on a grant basis.
By provision of mountain branch issues concerning correctness of separation of mineral deposits into separate mountain branches for the purpose of prevention of leaving out of mountain withdrawal of less valuable mineral deposits and unsuitable for independent development, observance of safety requirements are resolved during mining and demolition work in case of development of mineral deposits and when using subsoil for other purposes which are not connected with mining, prevention of emergence of danger to people, property and the surrounding environment.
The request for receipt of mountain branch includes:
1) the statement in which the name of the company or the information about the citizen who intends to receive mountain withdrawal, the location of mountain branch and the purpose for which it turns out are specified;
2) the project of mountain branch in duplicate constituted according to Procedure for provision (refusal in provision) mountain branches;
3) the consent of the relevant village, settlement, city and regional councils, councils of the integrated territorial communities and executive bodies to receipt of mountain branch under the territory in which buildings, constructions, settlements, water supply sources, reservoirs, objects of natural and reserved fund, monuments history, cultures or arts, subjects to special or other purpose, for use of natural resources in the territory of their activities are placed.
Procedure for provision (refusal) mountain branch and the application form which moves for receipt of mountain branch affirm the Cabinet of Ministers of Ukraine taking into account provisions of the Law of Ukraine as provision "About ministerial procedure" and of this Code.
Effective period of mountain branch shall satisfy to effective period of special permission to use of natural resources.
The central executive body realizing state policy in the field of labor protection within 21 calendar days from the date of receipt of the statement for receipt of mountain branch and necessary documents provides mountain branch or refuses its provision with indication of the basis determined by part ten of this Article.
Mountain branch becomes effective from the date of finishing the decision on its provision in popularity of the subsoil user.
The central executive body realizing state policy in the field of labor protection refuses provision of mountain branch in case:
representation by the user of incomplete document package, necessary for receipt of mountain branch and (or) their representation with violation of established procedure;
execution of the submitted documents for receipt of mountain branch with violation of the established requirements and (or) detection in them of discrepancy to the legislation of Ukraine.
In case of change of the subsoil user, reorganization of the company or prolongation of effective period of special permission to use of natural resources without change of borders of object of subsurface use mountain branch and text on the copy of the topographical plan of surface are subject to renewal.
In case of the basis for renewal of mountain branch the user within 90 calendar days from the date of renewal of special permission to use of natural resources submits the application for renewal of mountain branch with indication of number of special permission to use of natural resources which form is established by the Cabinet of Ministers of Ukraine, two copies of vykopirovka from the topographical plan of surface, the geological cuts which are drawn up according to the requirements determined by the Cabinet of Ministers of Ukraine.
The basis for refusal in renewal of mountain branch is:
1) representation of incomplete document package, necessary for renewal of mountain branch;
2) execution of the filed documents for renewal of mountain branch with violation of the established requirements and (or) identifications in them false information.
The central executive body realizing state policy in the field of labor protection renews mountain branch within 15 calendar days from the date of receipt of the documents determined by part five of this Article.
In case of renewal of mountain branch the central executive body realizing state policy in the field of labor protection no later than the next working day after renewal of mountain branch makes the decision on loss of force mountain branch which was renewed, by its response.
The renewed mountain branch becomes effective from the date of finishing it to data of the subsoil user.
Effective period of the renewed mountain branch cannot exceed effective period of the renewed mountain branch.
In case of the expiration of filing of application about renewal of mountain branch the user can submit the application and documents determined by part five of this Article for receipt of mountain branch.
The decision on refusal in issue, renewal of mountain branch is accepted, on condition of providing in necessary cases of the right of person to participation in administrative production provided by the Law of Ukraine "About ministerial procedure".
The central executive body realizing state policy in the field of labor protection reports to the subsoil user about issue, renewal of mountain branch according to the procedure determined by the Law of Ukraine "About ministerial procedure".
Provision of mountain branches to investors with whom the production sharing agreement is signed for the mountain objects provided by part two of this Article is performed based on the signed production sharing agreement.
The central executive body realizing state policy in the field of geological studying and rational use of subsoil provides information exchange with the State land cadastre for the purpose of provision by means of technological and software of the state land cadastre of the information on subsoil plots provided in use";
7) in Article 26:
in part three of the word "Special Permission to Use of Natural Resources Is Cancelled" action of special permission to use of natural resources stops shall be replaced with words "";
after part three to add with new part of the following content:
"The relevant allowing organ performs consideration and the solution of question of cancellation of special permission to use of natural resources on the bases determined by Items 1, of 3, 8 and 9 parts two of this Article according to requirements of the Law of Ukraine "About ministerial procedure".
With respect thereto the fourth - the ninth to consider parts respectively parts five - the tenth;
To add article 57 after part two with new part of the following content:
"The central executive body realizing state policy in the field of geological studying and rational use of subsoil performs consideration and the solution of question of suspension of action of special permission to use of natural resources or provisions of term for elimination of violations of requirements of the legislation based on the paragraph of third of part two of this Article according to requirements of the Law of Ukraine "About ministerial procedure".
With respect thereto speak rapidly third - to consider the eleventh respectively parts four - the twelfth;
9) in the text of the Code the word "cancellation" shall be replaced with words "cancellation".
2. In the Water code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1995, No. 24, the Art. 189):
Article 2 after part two to add 1) with new part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of the water relations are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code".
With respect thereto third to consider part part four;
2) in Item 5 parts one of Article 15 1 and part one Item 9-1 of Article 16 the word "cancellation" shall be replaced with words "cancellation (response, recognition by invalid)";
3) in Article 49:
third to state part in the following edition:
"Issue, renewal and cancellation (response, recognition by invalid) permissions to special water use are performed according to the laws of Ukraine "About ministerial procedure" and "About authorization system in the field of economic activity" in the procedure established by the Cabinet of Ministers of Ukraine";
in word part four" (renewal, issue of the duplicate, cancellation)" shall be replaced with words "(renewal, cancellation (response, recognition by invalid)";
in word part five" (renewal, receipt of the duplicate, cancellation)" shall be replaced with words "(renewal, cancellation (response, recognition by invalid)", and words" (refusal in issue, renewal, issue of the duplicate, cancellation)" - words "(refusal in issue, renewal, cancellation (response, recognition invalid)";
the seventh to state part in the following edition:
"The list of documents specified in part six of this Article is exhaustive. The documents determined by part six of this Article do not move concerning objects of secondary water users (subscribers) which have no own water intaking constructions, receive water from water intaking constructions of primary water users and dump sewage in systems of such primary water users based on the agreement on water supply (water supply) and/or on water disposal, without receipt of permission to special water use";
and the third part fourteen to state paragraphs two in the following edition:
"representation of incomplete document package, provided by this Article provided that the subject of managing or physical person was given opportunity to add them;
identification in the documents filed by the subject of managing or physical person, false information, discrepancy to requirements of the laws and regulatory legal acts adopted according to them, to long-term forecasts of water management balances provided that the subject of managing or physical person was given opportunity to eliminate statement defects, to add necessary documents and data";
the eighteenth and nineteenth to exclude parts;
the twentieth to state part in the following edition:
"Cancellation (response, recognition by invalid) permissions to special water use is performed on the bases determined by article 55 of this Code";
4) in Article 55:
in part one the word "cancellation" shall be replaced with words "cancellation (response, recognition by invalid)";
in part two:
in paragraph one of the word "cancels it in case" makes the decision on withdrawal of permission or recognition shall be replaced with words "its invalid in this case";
in the paragraph the second shall be replaced with words the words "with the plea of nullity" "with the statement for response";
after part two to add with new part of the following content:
"The body which issued permission to special water use can nullify it in case of factual determination of representation in the statement for issue of permission to special water use and the documents attached to it, unreliable information except brakovka, plain grammatical or arithmetic errors which are not influencing contents of the provided data".
With respect thereto the third and fourth to consider parts respectively parts four and heel;
part four in paragraph one to replace the word "cancellation" with the word "cancellation";
the fifth to state part in the following edition:
"The decision of the body which issued permission to special water use on the termination of its action (response, recognition by invalid) is issued to legal entity or physical person instantly, and in the presence of the reasonable reasons - no later than three working days from the date of its acceptance. In that case permission is terminated in 30 days from the date of adoption of the relevant decision.
3. In the Code of trade navigation of Ukraine (The Russian Federation Code, 1995, No. No. 47-52, of the Art. 349):
Article 4 to add 1) with part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of merchant shipping are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code";
2) in Article 27:
in parts eight and the fourteenth to replace the word "acceptance" with the word "registration";
the twenty first and twenty second to state parts in the following edition:
"Registration of a statement is obligation of the official of the central executive body realizing state policy in the field of sea transport. Registration of a statement is performed taking into account provisions of the Law of Ukraine "About ministerial procedure".
Upon the demand of the applicant or his representative in day of receipt of the statement the central executive body realizing state policy in the field of sea transport issues (sends) it the written confirmation of registration of its statement with indication of date and number of registration, except cases if administrative case is solved at the time of filing of application. Registration of a statement, given electronically, is confirmed automatically by the sent electronic message";
in part the words "in adoption of the statement for the reasons which are not determined by this Article including promotion of any conditions for adoption of the statement which are not determined by this Article, are prohibited" shall be replaced with words twenty third "in registration of a statement it is not allowed";
in paragraph one of part of the twenty fourth shall be replaced with words the word "statements" "administrative case" and to add with words "taking into account requirements of the Law "About Ministerial Procedure";
after part of the twenty fifth to add with new part of the following content:
"The decision on refusal in registration or temporary registration of the vessel, the termination or the temporary termination of registration of the vessel, modification of the State ship register of Ukraine, issue of new documents instead of lost is accepted after providing to person of the participation right in administrative production provided by the Law of Ukraine "About ministerial procedure".
With respect thereto the twenty sixth - the thirtieth to consider parts respectively parts of the twenty seventh - the thirty first;
in part twenty seventh of the word "obtaining" and "acceptance" to replace with the word "registration";
the twenty eighth to exclude part;
3) in Article 38:
after part five to add with new part of the following content:
"The ship's papers provided by this Article which issue is performed by the central executive body realizing state policy in the field of sea transport are issued taking into account requirements of the Law of Ukraine" About ministerial procedure".
With respect thereto the sixth - the nineteenth to consider parts respectively parts seven - the twentieth;
the fourteenth to state part in the following edition:
"Issue of the certificate on the minimum safe structure of crew and the magazine of continuous registration of history of the vessel is performed within five working days from registration date of the corresponding statement. At the request of the applicant issue can be made within two working days from registration date of the corresponding statement. To the applicant wishing to receive documents the mailing sent by mail, sending documents is performed the next working day after issue. The refusal of the official of the central executive body realizing state policy in the field of sea transport in registration of a statement is not allowed";
after part of the sixteenth to add with two new parts of the following content:
"The decision on refusal in issue of the certificate on the minimum safe structure of crew or the magazine of continuous registration of history of the vessel is accepted after providing to person of the participation right in administrative production provided by the Law of Ukraine "About ministerial procedure".
If the statement is not subject to consideration according to requirements of the Law of Ukraine "About ministerial procedure", the official of the central executive body realizing state policy in the field of the sea transport considering case takes cognizance of the decision on refusal in adoption of the statement what person who submitted the application except case of submission of the anonymous statement is instantly reported about (statements which of content it is impossible to identify the applicant's personality)".
With respect thereto the seventeenth - the twentieth to consider parts respectively parts of the nineteenth - the twenty second;
in paragraph one of part of the nineteenth to replace the word "obtaining" with the word "registration", and the words "adoption of the statement" - the words "adoption of the statement to consideration";
the twentieth to exclude part.
4. In paragraph three of part eight of Article 130-1 of the Land code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2002, Art. No. 3-4, 27) the word "cancellation" shall be replaced with words "cancellation".
5. In the Family code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, Art. No. 21-22, 135):
Part one of Article 7 to add 1) with the paragraph of the following content:
"The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in the field of the family relations are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code";
2) in Article 18 part two:
in Item 3 of the word "its cancellations" shall be replaced with words "recognition its invalid, cancellation";
in Item 8 the word "illegal" to replace with the word "illegal";
The word "interested" to exclude 3) in Article 19 part two;
4) in Article 39:
the fourth to state part in the following edition:
"4. According to the statement of person the body of state registration stops (nullifies) action of assembly record about scrap, registered with persons specified in parts of first or third this Article";
in part five of the word "before cancellation of assembly record" shall be replaced with words "before the termination (recognition by invalid) actions of assembly record";
the sixth to state part in the following edition:
"6. For assembly record about scrap stops (is recognized invalid) irrespective of the death of persons with whom scrap was registered (parts one - third this Article), and also from termination of this scrap";
5) in Article 48 part one the word is "cancelled" to be replaced with the word abolished";
6) in the paragraph the second Article 108 parts one "are cancelled" to replace the word with the word abolished";
7) in Article 118:
state part one in the following edition:
"1. If person declared the dead appeared, and the relevant decision of court and the act of death are cancelled, its marriage with other person is resumed provided that none of spouses consist in repeated scrap";
in part three the word "cancels" to replace with the word "abolishing";
8) in the paragraph the second parts one of Article 233 and part one of Article 237 the word are "cancelled" to be replaced with the word abolished".
6. In paragraph ten of part one of article 239 of the Economic code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2003, No. No. 18-22, of the Art. 144) of the word "cancellation of the license" shall be replaced with words "cancellation of the license".
7. In the Forest code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2006, No. 21, the Art. 170):
Article 3 after part one to add 1) with new part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of the forest relations are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code".
With respect thereto the second to consider part part three;
Article 18 after part four to add 2) with new part of the following content:
"The executive body concerning forestry of the Autonomous Republic of Crimea, the central executive body realizing state policy in the field of forestry for provision of approval on allocation of the wood lot in long-term temporary use by the woods can perform survey of such site on site".
With respect thereto the fifth - the eighth to consider parts respectively parts six - the ninth;
3) in Article 69:
the seventh to state part in the following edition:
"The executive body concerning forestry of the Autonomous Republic of Crimea, the central executive body realizing state policy in the field of forestry before issue of special permission to use of forest resources can perform survey on site of the allocated wood lot for the purpose of establishment of compliance of data on the area, quantitative and qualitative indexes of the wood lot to the data specified in the documents submitted for receipt of special permission to use of forest resources";
after part seven to add with new part of the following content:
"The decision on refusal in issue of special permission to use of forest resources is made, on condition of providing in necessary cases of the right of person to participation in administrative production according to the Law of Ukraine "On ministerial procedure".
With respect thereto the eighth and ninth to consider parts respectively parts nine and the tenth;
the tenth to add part with the paragraph of the following content:
"establishment by results of survey on site discrepancies of the area, quantitative and qualitative indexes of the allocated wood lot to the data specified in the documents filed for receipt of special permission to use of forest resources";
4) in parts two and third Article 78 the word "cancellation" shall be replaced with words "cancellation".
8. In the Air code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2011, No. 48-49, of the Art. 536):
Article 3 to add 1) with part three of the following content:
"3. Administrative productions on administrative cases in the field of civil aviation are performed taking into account the features determined by this Code, the State program of aviation safety of civil aviation and regulatory legal acts in the field of civil aviation and with respect for the principles of ministerial procedure determined by the Law of Ukraine "About ministerial procedure";
2) in Article 10:
7 parts two to state Item in the following edition:
"7) the termination, suspension of action of certificates, certificates, licenses, permissions, restriction of the rights granted by these documents, withdrawal of approval of candidates according to part ten of this Article";
in paragraph one of part ten of the word "provides approval and cancels approval" shall be replaced with words "provides approval and withdrawal of approval";
3) in paragraph four of part five of Article 11 of the word "cancellations, cancellation and refusal" shall be replaced with words "the terminations, stops of action and refusal";
Shall be replaced with words 4) in part six of Article 49 of the word "the certificate of aviation personnel can be cancelled or is suspended it" "action of the certificate of aviation personnel can be stopped or suspended";
Shall be replaced with words 5) in part four of Article 51 of the word "or to cancel it" "or to stop its action".
9. In the Code of civil protection of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2013, No. 34-35, of the Art. 458):
Article 3 to add 1) with part two of the following content:
"2. The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of civil protection, fire and technogenic safety are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code";
2) in Article 57:
in part four:
add paragraph two with the words "according to requirements of the laws of Ukraine " about ministerial procedure ", " about authorization system in the field of economic activity " and taking into account the features determined by this Code";
to exclude paragraphs of the third, fifth and sixth;
in part five:
word in paragraph one of "registration of the declaration by the relevant allowing organ" shall be replaced with words "submission (receipt) of the declaration to the relevant allowing organ";
in the paragraph the second shall be replaced with words the words "Declaration Form, Procedure for Its Representation and Registration" "The form of the declaration and procedure for its representation".
10. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):
1) in part one of Article 27 of the word of "cancellation of the registration certificate of political party" shall be replaced with words "cancellations of registration of political party";
Item 3 parts three of Article 151 to state 2) in the following edition:
"3) suspension of decisions of authorized central body on civil aviation concerning cancellation or suspension of action of certificates, approvals, admissions".
11. In the Code of Ukraine on insolvency proceedings (To the sheet of the Verkhovna Rada of Ukraine, 2019, No. 19, the Art. 74):
Article 2 to add 1) with part eight of the following content:
"8. The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of bankruptcy are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Code";
2) in the text of the Code the word "cancellation" shall be replaced with words "cancellation".
12. In the Law of Ukraine "About bases of social security of persons with disability in Ukraine" (Sheets of the Supreme Council of USSR, 1991, No. 21, Art. 252 with the following changes):
Part the second Article 6 to state 1) in the following edition:
"The citizen has the right to appeal the decision of bodies of medico-social examination on recognition or non-recognition by his face with disability administratively according to the Law of Ukraine "About ministerial procedure" and/or judicially";
Part the ninth Article 20 to state 2) in the following edition:
"The disputes arising from legal relationship under articles 19 and 20 of this Law are solved Social Security Fund of persons with disability administratively according to the Law of Ukraine "About ministerial procedure" and/or judicially".
13. "About foreign economic activity" (Sheets of the Supreme Council of USSR, 1991, No. 29, Art. 377 with the following changes) after part three to add article 7 of the Law of Ukraine with new part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of foreign economic activity are regulated by the Law of Ukraine "About ministerial procedure".
With respect thereto the fourth - the eighth to consider parts respectively parts five - the ninth.
14. In the Law of Ukraine "About protection of the surrounding environment" (Sheets of the Verkhovna Rada of Ukraine, 1991, No. 41, Art. 546 with the following changes):
Article 2 to add 1) with part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of protection of the surrounding environment in Ukraine are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
2) in the Item "g" Article 15 parts one "cancel" shall be replaced with words the word "terminate";
Shall be replaced with words 3) in the Item "y" of part one of Article 20 2 of the word "about stop of action or cancellation" "about stop or cancellation".
15. In the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 13, Art. 178 with the following changes):
Article 60 1 to add 1) with part of the following content:
"The application for award of pension according to this law is submitted in electronic or paper form to territorial authority of the Pension fund of Ukraine or to the body authorized by it or the authorized person according to the procedure, established by board of the Pension fund of Ukraine in coordination with the central executive body providing forming of state policy in the field of social protection of the population";
Article 60 2 to add 2) with parts of the following content:
"The decision on purpose (recalculation) of pension or on refusal in purpose (recalculation) of pension accepted by the authorized officer of territorial authority of the Pension fund of Ukraine can be appealed administratively to the head of this body of the Pension fund of Ukraine, and in case of refusal in satisfaction of the claim - in body of the Pension fund of Ukraine of the highest level and/or judicially.
The procedure for appeal of the decisions provided by part two of this Article is determined by board of the Pension fund of Ukraine in coordination with the central executive body providing forming of state policy in the field of social protection of the population taking into account requirements of the Law of Ukraine "About ministerial procedure".
Payment, the termination and renewal of pension payment are performed according to the Law of Ukraine "About obligatory national pension insurance" taking into account the features determined by this Law and the Law of Ukraine "About ministerial procedure".
16. In the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 29, Art. 399 with the following changes):
1) in Article 48:
in part one after the word "moves" to add with the words "in electronic or paper form", and shall be replaced with words the words "in spheres of employment relationships, social protection of the population" "in the field of social protection of the population";
third after the word "passport" to add part with words of "the citizen of Ukraine";
Article 66 to state 2) in the following edition:
"Article 66. Appeal of decisions of the body granting pensions
The decision on purpose (recalculation) of pension or on refusal in purpose (recalculation) of pension accepted by the authorized officer of territorial authority of the Pension fund of Ukraine can be appealed to the head of this body of the Pension fund of Ukraine, and in case of refusal in satisfaction of the claim - in body of the Pension fund of Ukraine of the highest level and/or judicially.
The procedure for appeal of such decisions is determined by board of the Pension fund of Ukraine in coordination with the central executive body providing forming of state policy in the field of social protection of the population taking into account requirements of the Law of Ukraine "About ministerial procedure".
17. In the Law of Ukraine "About natural and reserved fund of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 34, Art. 502 with the following changes):
Article 2 to add 1) with part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of protection and use of the territories and objects of natural and reserved fund, to reconstruction of its natural complexes are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
2) in Article 9-1:
in part eight of the word "the petition (requests) of the user of nature approved" shall be replaced with words "statements of the user of nature approved";
in part nine of the word "Permission to Special Use of Natural Resources Can Be Cancelled" shall be replaced with words "Action of permission to special use of natural resources can be stopped";
3) in Article 55:
in part five of the word "with the petition" shall be replaced with words "with the statement";
in part six to replace the word "petition" with the word "statements";
in part seven of the word "the specified petition" shall be replaced with words "the specified statement".
18. In the Law of Ukraine "About fundamentals of town planning" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 52, Art. 683 with the following changes):
Article 6 to add 1) with part of the following content:
"Acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in the field of town planning are performed according to the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
2) in paragraph six of part one of Article 14 of the word "cancellation (cancellation)" shall be replaced with words "cancellation";
Part one of Article 26 to state 3) in the following edition:
"Disputes over questions of town planning are resolved by councils within their powers, and also administrative court according to the legislation".
19. In the Law of Ukraine "About the basic principles of implementation of the state financial control in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 13, Art. 110 with the following changes):
Part the second Article 1 to add 1) with words "with respect for the principles determined by the Law of Ukraine "About ministerial procedure";
Article 2 to add 2) with part of the following content:
"The relations concerning acceptance, presentation, entry into force, appeal administratively, accomplishment, cancellation of the requirement for elimination of the revealed violations of the law arising by results of inspection and check of the procurements conducted by subjects of managing of public sector of economy, including subjects of managing in which authorized capital 50 and more percent of shares (shares) belong to subjects of managing of public sector of economy and also the companies, organizations and the organizations which use (used in the period, checked) the state-owned or utility property, are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
3) in Article 13:
in part one of the word "in judicial or administrative procedure" shall be replaced with words "according to the procedure of administrative appeal according to the Law of Ukraine "About ministerial procedure" or in administrative court";
in part two of the word "administratively no later than monthly term" shall be replaced with words also in figures "according to the procedure of administrative appeal till 30 calendar days";
third to state part in the following edition:
"Submission of the claim according to the procedure of administrative appeal does not stop the appealed action of officials of body of the state financial control and the requirement for elimination of the revealed violations of the law by results of inspection and check of the procurements conducted by subjects of managing of public sector of economy, including subjects of managing in which authorized capital 50 and more percent of shares (shares) belong to subjects of managing of public sector of economy and also the companies, organizations and the organizations which use (used in the period, checked) the state-owned or utility property";
Part the second Article 15 to add 4) with the offer of the following content: "The requirement for elimination of the revealed violations of the law which is constituted by results of inspection and check of the procurements conducted by subjects of managing of public sector of economy, including subjects of managing in which authorized capital 50 and more percent of shares (shares) belong to subjects of managing of public sector of economy and also the companies, organizations and the organizations which use (used in the period which is checked) the state-owned or utility property, shall correspond to content and form of the administrative act according to requirements of the Law of Ukraine "About ministerial procedure".
20. "About the status of veterans of war, guarantees of their social protection" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 45, Art. 425 with the following changes) to add article 2 of the Law of Ukraine with part of the following content:
"The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts concerning the status of veterans of war and their social guarantees are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law".
21. In the Law of Ukraine "About the Antimonopoly Committee of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 50, Art. 472 with the following changes):
Part one of Article 5 to state 1) in the following edition:
"The Antimonopoly Committee of Ukraine performs the activities according to the Constitution of Ukraine, the laws of Ukraine "About protection of the economic competition", "About protection against unfair competition", "About government assistance to subjects of managing", this Law, other laws and regulatory legal acts adopted according to these laws, and concerning consideration and the solution of cases on provision of permissions and conclusions to coordinated actions, concentration of subjects of managing - also taking into account requirements of the Law of Ukraine "About ministerial procedure";
2) in the text of the Law the word "cancellation" shall be replaced with words "cancellation".
22. Preamble of the Law of Ukraine "About procedure for departure from Ukraine and entry into Ukraine of citizens of Ukraine" (1994, No. 18, the Art. 101) to add sheets of the Verkhovna Rada of Ukraine with words "taking into account requirements of the Law of Ukraine "About ministerial procedure".
23. In the Law of Ukraine "About judicial examination" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 28, Art. 232 with the following changes):
Article 2 to add 1) with part of the following content:
"Acceptance, entry into force, appeal administratively, execution, cancellation of administrative acts in the field of judicial and expert activities are performed according to the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
Shall be replaced with words 2) in part one of Article 11 of the word "in the form of deprivation of qualification of the court expert" "in the form of the termination of the right to conducting judicial examination on the corresponding expert specialty";
3) in Article 14:
the fourth to state part in the following edition:
"For making of the minor offense provided by this Law one of such types of authority punishments can be applied to the court expert:
prevention;
temporary, for up to one year, stop of the right to conducting judicial examination on the corresponding expert specialty;
the termination of the right to conducting judicial examination on the corresponding expert specialty";
after part five to add with ten new parts of the following content:
The question of disciplinary responsibility of the court expert is considered by the expert and qualification commission which is formed according to the procedure, determined by this Law.
The basis for consideration of question of disciplinary responsibility of the court expert is representation of the ministry or other state body performing organizational and managerial functions concerning the activities of the public specialized agencies and court experts who are not employees of the public specialized agencies or authorized by these state bodies of subjects which organizationally provide activities of the expert and qualification commissions.
Representation prepares by results of consideration of claims of persons who are participants of case, or criminal proceedings, other legal relationship to whom it is attracted the court expert, on actions (failure to act) of the court expert, and also the documents processed by results of control of observance by court experts of the legislation concerning judicial and expert activities which contain reasonable information on availability in actions (failure to act) of the court expert of signs of the minor offense provided by part three of this Article. Representation is submitted for consideration of the expert and qualification commission no later than 15 calendar days from the date of intake of the corresponding materials.
The procedure of consideration by the expert and qualification commission of questions of disciplinary responsibility of court experts includes:
consideration of question of opening of disciplinary production;
consideration of question and decision making on disciplinary responsibility of the court expert.
The question of disciplinary responsibility of the court expert is considered by the expert and qualification commission during reasonable time, but no more than 45 calendar days from the date of receipt of representation. The term of consideration of question of disciplinary responsibility can be extended by the decision of the expert and qualification commission on the statement of the participant of disciplinary production who insists on the participation in meeting of the expert and qualification commission, but on reasonable excuses cannot be present at it.
Consideration of question of disciplinary responsibility of the court expert cannot concern check of completeness, justification and objectivity of court expert's report. The statements, petitions submitted to time of meeting of the expert and qualification commission are considered instantly, but no later than three working days from the date of their representation.
The statements, petitions provided in disciplinary production to other time than it is provided by part eleven of this Article, are considered at the next meeting of the expert and qualification commission.
The court expert concerning whom disciplinary production is opened, is reported about the place and time of meeting of the expert and qualification commission at least in five working days prior to day of meeting.
The court expert has the right to participate in meeting of the expert and qualification commission on consideration of question of its disciplinary responsibility, to get acquainted with materials of disciplinary production, to provide explanations and/or objections in written or oral form, to submit applications, petitions, other documents on case in point, to have other rights provided by the law.
According to the decision of the expert and qualification commission other persons also can participate in its meeting if their participation promotes ensuring objectivity and completeness of consideration of question of disciplinary responsibility of the court expert".
With respect thereto the sixth - the ninth to consider parts respectively parts of the sixteenth - the nineteenth;
Article 16 to state 4) in the following edition:
"Article 16. Certification
Certification is carried out for the purpose of assignment of qualification of the court expert on the corresponding expert specialty, confirmations of advanced training of the court expert on the corresponding expert specialty, and also assignments of qualification class to employees of the public specialized agencies having qualification of the court expert and is performed by the expert and qualification commission.
Certification for the purpose of assignment of qualification of the court expert for the corresponding expert specialty is performed by holding qualification examination.
By results of qualification examination the expert and qualification commission accepts one of the following decisions:
1) about assignment of qualification of the court expert on the corresponding expert specialty;
2) about refusal in assignment of qualification of the court expert on the corresponding expert specialty.
Person on whom the expert and qualification commission makes the decision on refusal in assignment of qualification of the court expert on the corresponding expert specialty can repeatedly pass qualification examination within three months from acceptance date of such decision.
Person on whom the expert and qualification commission repeatedly makes the decision on refusal in assignment of qualification of the court expert on the corresponding expert specialty can pass the next qualification examination at least in one year from the date of passing the last examination.
The decision of the expert and qualification commission on assignment of qualification of the court expert on the corresponding expert specialty and creation by person of the oath of the court expert grants the right to person on conducting judicial examination and is the basis for issue of the certificate on assignment of qualification of the court expert (further - the certificate).
The certificate is the document confirming availability of qualification of the court expert on the corresponding expert specialty.
The certificate is submitted to person within seven calendar days from the date of adoption by the expert and qualification commission of the decision on assignment of qualification of the court expert on the corresponding expert specialty.
The certificate is termless.
In case of loss or damage of the Certificate its duplicate is issued.
In case of change of surname, name or middle name of the court expert, the name of the expert specialty Certificate is subject to renewal.
The duplicate of the certificate and the renewed certificate are issued according to the statement of the court expert within seven calendar days from the date of adoption by the expert and qualification commission of the decision on issue of the duplicate of the certificate or the renewed certificate.
For issue of the Certificate, its duplicate or the renewed Certificate the payment in the amount of 0,1 of the subsistence minimum for able-bodied persons established for January 1 of the corresponding year is levied.
For ensuring proper level of professional knowledge and skills the court expert shall improve the skills constantly. Advanced training of the court expert can be performed by the following types: training in the professional program of advanced training, participation in seminars, practical works, trainings, webinars, master classes in questions of judicial and expert activities, and also scientific and pedagogical, other teaching, scientific and scientific and technical activities in the field of judicial examination.
The court expert undergoes certification for the purpose of confirmation of advanced training of the court expert for the corresponding expert specialty each three years.
By results of certification for the purpose of advanced training confirmation the expert and qualification commission sets off or does not set off data on increase in qualification by the court expert and accepts one of the following decisions:
1) about confirmation of advanced training by the court expert on the corresponding expert specialty;
2) about non-confirmation of advanced training by the court expert on the corresponding expert specialty.
The expert and qualification commission does not set off data on increase in qualification by the court expert and makes the decision on non-confirmation of advanced training by the court expert on the corresponding expert specialty if such data do not conform to requirements to advanced training by the court expert. The court expert can undergo repeated certification for the purpose of advanced training confirmation after elimination of the reasons which formed the basis for not transfer of data on advanced training, but no more than in six months from the date of decision making about non-confirmation of advanced training by the court expert on the corresponding expert specialty.
The qualification class of the court expert is special rank which is given to employees of the public specialized agencies having qualification of the court expert.
Depending on length of service the court expert to the workers who are qualified the court expert appropriates the highest, first, second, third, fourth or fifth qualification class of the court expert.
The procedure for carrying out certification for the purpose of assignment of qualification class is determined within powers by the ministries and other state bodies performing organizational and managerial functions on activities of the public specialized agencies and court experts who are not employees of the public specialized agencies";
To add 5) with Articles 16 1 and 16 2 following of content:
"Article 16 1. Temporary stop and recovery of the right to conducting judicial examination
Questions of temporary suspension and renewal of the right to conducting judicial examination on the corresponding expert specialty are considered by the expert and qualification commission.
The right of the court expert to conducting judicial examination on the corresponding expert specialty temporarily stops in case:
1) submission by the court expert of the statement for temporary suspension of the right to conducting judicial examination on the corresponding expert specialty;
2) recognition by a court decision court expert incapacitated;
3) the introduction in legal force of conviction of court against the court expert for making of criminal offense;
4) the introduction in legal force of the judgment about involvement of the court expert to the administrative responsibility for making of the offense connected with corruption;
5) application to the court expert of authority punishment in the form of temporary stop of the right to conducting judicial examination on the corresponding expert specialty;
6) non-confirmation by the court expert of advanced training on the corresponding expert specialty in connection with not transfer of data on advanced training.
The right to conducting judicial examination on the corresponding expert specialty renews in case:
1) suspension of the right on the basis, stipulated in Item 1 part two of this Article, - from the date of, the obtaining by the expert and qualification commission of the statement of the court expert for renewal of the right to conducting judicial examination on the corresponding expert specialty following behind day;
2) the stop is right on the basis, stipulated in Item 2 parts two of this Article, - from the date of, the receipt of the relevant decision of court by the expert and qualification commission following behind day;
3) suspension of the right on the basis, stipulated in Item 3 parts two of this Article, - from the date of, the receipt of confirmation by the expert and qualification commission following behind day about repayment or removal in the procedure for criminal record established by the law;
4) suspension of the right on the basis, stipulated in Item 4 parts two of this Article, - from the date of, the termination of 12-month term following behind day from the date of the introduction in legal force of the judgment about involvement of the court expert to the administrative responsibility for making of the offense connected with corruption;
5) suspension of the right on the basis, stipulated in Item 5 parts two of this Article, - from the date of the termination of term for which according to the decision of the expert and qualification commission the right to conducting judicial examination on the corresponding expert specialty was temporarily stopped;
6) suspension of the right on the basis, stipulated in Item 6 parts two of this Article, - from the date of, the adoption by the expert and qualification commission of the decision on confirmation of advanced training by the court expert on the corresponding expert specialty following behind day.
Data on temporary suspension and renewal of the right to conducting judicial examination on the corresponding expert specialty are entered in the state Register of the certified court experts.
Article 16 2. Termination of the right to conducting judicial examination
Questions of the termination of the right to conducting judicial examination on the corresponding expert specialty are considered by the expert and qualification commission.
The right of the court expert to conducting judicial examination on the corresponding expert specialty stops in case:
1) submission by the court expert of the statement for the termination of the right to conducting judicial examination on the corresponding expert specialty;
2) recognition of the court expert is unknown absent or announcement by his dead;
3) death of the court expert;
4) application to the court expert of authority punishment in the form of the termination of the right to conducting judicial examination on the corresponding expert specialty.
Person on whom the decision on the termination of the right to conducting judicial examination on the corresponding expert specialty on the basis is made stipulated in Item 4 parts two of this Article, can undergo certification for the purpose of assignment of qualification of the court expert for the corresponding expert specialty at least in two years from the date of decision making about the termination of the right to conducting judicial examination on the corresponding expert specialty.
Data on the termination of the right to conducting judicial examination on the corresponding expert specialty are entered in the state Register of the certified court experts";
Articles 17 and 21 to state 6) in the following edition:
"Article 17. Expert and qualification commissions
For the solution of questions of assignment of qualification of the court expert on the corresponding expert specialty, confirmations of advanced training by the court expert on the corresponding expert specialty, assignments of qualification class, temporary suspension, renewal and the termination of the right to conducting judicial examination on the corresponding expert specialty, and also about disciplinary responsibility of court experts under the ministries and other state bodies performing organizational and managerial functions on activities of the public specialized agencies and court experts who are not employees of the public specialized agencies are formed the expert and qualification commissions which are effective according to this Law and regulations on them approved by the relevant ministry or other state body.
The structure of the expert and qualification commission affirms the head of the relevant ministry or other state body within which scope of management the public specialized agencies fall.
Representatives of the ministry or other state body to which sphere of management the public specialized agencies performing judicial and expert activities and the court experts having work experience in the field of judicial and expert activities at least five years belong are part of the expert and qualification commission.
The structure of the expert and qualification commission can include specialists in knowledge domains of scientific institutions, institutions of higher education, state bodies and organizations.
The term of office of the member ekspertno of the qualification commission constitutes no more than five years. Person cannot be the member of the expert and qualification commission more than two terms in a row.
The chairman who is elected at meeting of the expert and qualification commission from among her members by secret vote by a simple majority vote the members of the expert and qualification commission who are present at meeting heads the expert and qualification commission.
The chairman of the expert and qualification commission has the deputy who is elected in the same order, as the chairman of the expert and qualification commission, and performs powers of the chairman in case of its absence.
The expert and qualification commission can perform the powers through qualification and disciplinary chambers which are formed in its structure. Such chambers are created with observance of requirements of this Law for the expert and qualification commission. In that case decisions are made by the relevant chamber of the expert and qualification commission.
The disputes connected with the decision of the expert and qualification commission (qualification or disciplinary chamber of the expert and qualification commission) are permitted judicially";
"Article 21. Professional training of the court expert
Professional training of the court expert consists of theoretical preparation and training according to appropriate programs.
Theoretical training of persons, intended to receive qualification of the court expert on the corresponding expert specialty, is performed by the subjects having the corresponding license for implementation of educational activities.
The training of persons who intend to receive qualification of the court expert on the corresponding expert specialty is made by the public specialized agencies.
The term of training cannot exceed one year".
24. Third of article 7 of the Law of Ukraine "About scientific and scientific and technical examination" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 9, of Art. 56 with the following changes) to add part with words "according to the Law of Ukraine "About ministerial procedure".
25. In the Law of Ukraine "About use of nuclear energy and radiation safety" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 12, Art. 81 with the following changes):
1) in part one of Article 30 of the word "cancellations or reducings term" shall be replaced with words "cancellation or reducings term";
2) in the second offer of part seven of Article 32 of the word "Deprivation of the Licensee of the Corresponding Permission Does Not Dismiss Him" shall be replaced with words "Cancellation of the corresponding permission does not dismiss the licensee";
The word "deprivation" to replace 3) in part four of Article 34 1 with the word "termination";
Part third of Article 42 to state 4) in the following edition:
"Such decision can be appealed administratively according to the Law of Ukraine "About ministerial procedure" and/or in administrative court. The claim is administratively submitted within 30 calendar days from the date of bringing the decision to data of the customer. Submission of the claim does not stop execution of the decision";
The word "cancel" to replace 5) in Article 44 part one with the word "withdraw".
26. In the Law of Ukraine "About pesticides and agrochemicals" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 14, Art. 91 with the following changes):
Article 2 to add 1) with part of the following content:
"The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of the activities connected with pesticides and agrochemicals are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
In paragraph one of part two of Article 10 of the word "be followed by the label" shall be replaced with words 2) "be imported on customs area of Ukraine, take place in the market, be used, be applied, be stored or be transported in case of obligatory availability of the label which form and content conform to the requirements approved by the central executive body providing forming and realizing state policy in the field of protection of the surrounding environment";
Part one of Article 16 1 after the paragraph of the eighth to add 3) with the new paragraph of the following content:
"approval of requirements to form and content of labels for pesticides and agrochemicals".
With respect thereto the ninth to consider the paragraph the paragraph the tenth.
27. "About rail transport" (Sheets of the Verkhovna Rada of Ukraine, 1996, No. 40, Art. 183 with the following changes) to add article 3 of the Law of Ukraine with part of the following content:
"The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in the field of rail transport public are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law".
28. In the Law of Ukraine "About state regulation of the capital markets and the organized goods markets" (Sheets of the Verkhovna Rada of Ukraine, 1996, No. 51, Art. 292 with the following changes):
1) in Item 84 parts one of Article 7 of the word" cancel such certificates" shall be replaced with words "terminates such certificates";
2) in part six of Article 29 of the word "provision of opportunity to person concerning whom is accepted (is taken out) such act" shall be replaced with words "provision of opportunity to person concerning whom is accepted such act, at least in writing (is taken out)";
Items 2-4 of part two of Article 33 to state 3) in the following edition:
"2) the legal entity to whom it is terminated the license, the stipulated in Article 4 presents of the Law, - concerning observance of requirements of the legislation regulating actions of such legal entity in case of cancellation of such license;
3) the legal entity to whom it is terminated the certificate on inclusion in the register of persons, representatives to provide information services in the capital markets and the organized goods markets, the stipulated in Article 79 Laws of Ukraine "About the capital markets and the organized goods markets", - concerning observance of requirements of the legislation regulating actions of such legal entity in case of cancellation of such certificate;
4) the legal entity to whom it is terminated the certificate on inclusion in the register of trade repositories, the stipulated in Article 88 Laws of Ukraine "About the capital markets and the organized goods markets", - concerning observance of requirements of the legislation regulating actions of such legal entity in case of cancellation of such certificate";
4) in the text of the Law the word "cancellation" shall be replaced with words "cancellation".
29. In the Law of Ukraine "About space activities" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 1, Art. 2 with the following changes):
Article 2 to add 1) with part of the following content:
"The relations on issue (acceptance), entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of space activities are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
2) in Article 10:
in part three the word "cancellations" shall be replaced with words "cancellation", and words "the Law of Ukraine" - words "the laws of Ukraine "On ministerial procedure" and";
in part six the word "cancellations" shall be replaced with words "cancellation", and words "the laws of Ukraine "On administrative services" - words "the laws of Ukraine "On ministerial procedure", "About administrative services";
the eighth to replace part with three new parts of the following content:
"In case of representation by the subject of space activities of incomplete document package, necessary for obtaining (renewals, cancellation) permissions, according to the established list the statement for receipt (renewal, cancellation) of permission remains without movement.
The basis for refusal in issue of permission is identification in the documents submitted by the subject of space activities for receipt of permission, false information and/or which are not corresponding to the legislation of data.
Before decision making about refusal in issue of permission the subject of space activities shall be heard according to requirements of the Law "About Ministerial Procedure".
With respect thereto the ninth - the fifteenth to consider parts respectively parts eleven - the seventeenth;
in word part eleven "the Law of Ukraine "On authorization system in the field of economic activity" shall be replaced with words "the laws of Ukraine "On ministerial procedure", "About administrative services" and "About authorization system in the field of economic activity";
in part twelve of the word "cancels permission" shall be replaced with words "the word "cancellation" - the words "cancellation" terminates permission", and;
part thirteen in paragraph one to replace the word "cancellation" with the word "cancellations";
the fourteenth to exclude part;
the fifteenth to state part in the following edition:
"Permission is terminated in 10 working days from the date of adoption by administrative court of the decision/resolution on cancellation of permission";
regarding the sixteenth to replace the word "cancellation" with the word "cancellation";
The fourth and fifth Article 11 1 to state 3) to part in the following edition:
"The central executive body providing forming and realizing state policy in the field of space activities makes the decision on registration of the agreement (contract) or refusal in its registration within 10 working days from the date of intake of materials of the agreement (contract). The decision on refusal in registration of the agreement (contract) is made if term of the contract (contract) contradict the legislation and the international obligations of Ukraine.
The statement for registration of the agreement (contract) remains without movement in case of submission not of all necessary documents or if the filed documents do not conform to requirements of the legislation what it is reported to the applicant within five working days from the date of receipt of the statement about.
30. In the Law of Ukraine "About local self-government in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 24, Art. 170 with the following changes):
1) in Item 36 parts one of Article 26 of the word of "cancellation of such permission" shall be replaced with words "cancellation of such permission";
2) in Article 30 part one:
add the Item "and" with subitem 17 1 of the following content:
"The 17th 1) issue of permission (order) for removal of green plantings";
in the subitem 2 of the Item of the word "cancellation permitted them" shall be replaced with words "cancellation of the permission provided by them";
3) in Item 22 parts one of Article 43 of the word of "cancellation of such permission" shall be replaced with words "cancellation of such permission";
Article 59 to add 4) with part thirteen of the following content:
"13. Administrative acts of bodies and officials of local self-government are accepted, become effective, are carried out, terminate and are appealed according to the requirements established by the Law of Ukraine "About ministerial procedure" taking into account the features of administrative production provided by the law for separate categories of administrative cases (in case of determination by the law of such features). The decision of council which is the administrative act is accepted taking into account requirements of parts five and the eighth article 46 of this Law";
Part the second Article 77 to state 5) in the following edition:
"2. Disputes on recovery of the violated rights of the legal entities and physical persons resulting from decisions, actions or failure to act of bodies or officials of local self-government are solved according to the procedure of administrative appeal according to requirements of the Law of Ukraine "About ministerial procedure" taking into account provisions of article 59 of this Law or judicially";
6) in the Section V "Final and transitional provisions":
in Item 6 1:
to add the subitem 13 after the words "unexecuted acts of individual action" with words "(including administrative acts)";
add subitem 14 with the offer of the following content: "If the act of body or the official of local self-government according to the law is the administrative act, his legal successor can make changes and terminate such act according to the procedure, established by the Law of Ukraine "About ministerial procedure";
to add the subitem 12 of Item 6 2 with the offer of the following content: "If the act of regional council of the liquidated area according to the law is the administrative act, his legal successor can make changes and terminate such act according to the procedure, established by the Law of Ukraine "About ministerial procedure".
31. In the Law of Ukraine "About publishing" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 32, Art. 206 with the following changes):
"(Cofounders)" and "(cofounders)" to replace 1) in Article 11 of the word respectively with words "(participants)" and "(participants)";
Second and third Article 12 to state 2) to part in the following edition:
"Maintaining the State register is performed electronically with use of the software providing its compatibility and interaction with other information systems and networks.
Issue, renewal and cancellation of the certificate on entering of the subject of managing into the State register (further - the certificate) are performed by authorized body according to the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law";
Article 13 to state 3) in the following edition:
"Article 13. Statement for entering of the subject of managing into the State register
The statement for entering of the subject of managing into the State register is created and moves directly in authorized body electronically with use of the software of the state register based on such data from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming:
for the physical person - the entrepreneur:
surname, own name, middle name (in the presence);
type (types) of activities for publishing;
registration number of accounting card of the taxpayer or series and passport number of the citizen of Ukraine (for the physical persons having mark in the passport about the right to make payments on series and passport number);
the location (the residential address on which communication with the physical person - the entrepreneur is performed);
information for implementation of communication with the physical person - the entrepreneur: phone numbers and/or e-mail address;
for the legal entity:
the name of the legal entity including reduced (in the presence);
identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine (further - identification code);
form of business;
the list of founders (participants) (except joint-stock companies, public forming, limited liability companies, additional liability companies which shares are considered in accounting system of shares) the legal entity: surname, name, middle name (in the presence), birth date, the country of nationality, the residence, registration number of accounting card of the taxpayer (in the presence), series (in the presence) and document number, citizenship of Ukraine, or the passport document of the foreigner or the identity document proving the identity and confirming without nationality, if the founder physical person; The Name, the Country of residence, the location and identification (registration, accounting) number (code) in country of incorporation, if the founder legal entity; information for implementation of communication with the founder (participant) of the legal entity (phone numbers and/or the e-mail address);
type (types) of activities for publishing;
location of the legal entity;
information for implementation of communication with the legal entity: phone number and/or e-mail address.
The statement for entering of the subject of managing into the State register is constituted in state language and shall meet the requirements to contents of the statement, the established Law of Ukraine "About ministerial procedure";
Part one of Article 14 to state 4) in the following edition:
"Issue of the certificate and entering of the subject of managing into the State register are made by authorized body within five working days from the date of receipt of the statement";
Article 16 to state 5) in the following edition:
"Article 16. Renewal and cancellation of the certificate on entering of the subject of managing into the State register
The certificate is subject to renewal in case of change of the name or surname, name, middle name of the subject of publishing, its location (residence), the founder (participants) and type (types) of activities in publishing.
Cancellation of the certificate is performed by authorized body in case:
1) termination of activities of the subject of publishing for the bases, stipulated in Article 32 presents of the Law;
2) renewal of the certificate;
3) pronouncement by court of the decision on cancellation of the certificate";
6) in Article 28 1:
the fourth and fifth to state parts in the following edition:
"The authorized body provides implementation of this law by provision (refusal in provision, cancellation) import permits and distribution of the publishing products which are turned out to the world in state language of the state aggressor (further - permission).
Provision (refusal in provision, cancellation) permissions is performed according to this Law and the laws of Ukraine "About administrative services", "About authorization system in the field of economic activity", "About ministerial procedure" in the procedure established by the Cabinet of Ministers of Ukraine";
after part five to add with new part of the following content:
"The procedure for education and activities of advisory council is determined by the regulations on it approved by authorized body".
With respect thereto the sixth - twenty third to consider parts respectively parts seven - the twenty fourth;
to state paragraph two of part nine in the following edition:
"the statement for provision of permission which conforms to requirements to contents of the statement, the established Law of Ukraine "About ministerial procedure", and in which are specified in addition the complete name of the edition in original language and Ukrainian, the author or group of authors, the international standard number of the book (ISBN), the number of copies imported on customs area of Ukraine, the manufacturing country, the name (surname, name, middle name) and the location of the publisher, year of release of the edition, edition language, commodity code according to UKT foreign trade activities";
the eleventh to state part in the following edition:
"Representation by the subject of managing of the statement for provision (cancellation) of permission, and also provision to it (refusal in provision, cancellation) permissions are performed in paper form through the center of provision of administrative services or electronically through the Single state web portal of electronic services or the portal of electronic services of legal entities, physical persons entrepreneurs and public forming";
in part thirteen of the word "cancels permission" shall be replaced with words "terminates permission";
after part thirteen to add with two new parts of the following content:
"The authorized body leaves the submitted application without movement according to the procedure, established by the Law of Ukraine "About ministerial procedure", in case:
1) representation by the subject of managing of incomplete document package, necessary for provision of permission according to this Law;
2) identification in the documents submitted by the company, false information.
The authorized body refuses provision of permission in case of receipt of the negative conclusion of advisory council.
With respect thereto the fourteenth - the twenty fourth to consider parts respectively parts of the sixteenth - the twenty sixth;
the seventeenth to state part in the following edition:
"The decision of authorized body on cancellation of permission shall contain motivation part (reasons). The authorized body sends to subjects of managing the copy of the decision on cancellation of permission instantly, and in the presence of the reasonable reasons - no later than three working days from the date of its acceptance. The decision on cancellation of permission can be appealed in court";
regarding the nineteenth shall be replaced with words the words "certified by the digital signature" "with imposing of the digital signature according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services", and the words "their cancellation" - the words "termination of their action";
the twenty fifth to state part in the following edition:
"The decision on imposing of the penalty provided by part of twenty third this Article accepts authorized body based on appeals of law enforcement agencies, legal entities and physical persons or after independent identification by his officials from any source of circumstances which can demonstrate illegal distribution of publishing products. Administrative production is performed according to the procedure, determined by the Law of Ukraine "About ministerial procedure";
in the text of Article of the word "the central executive body participating in ensuring forming and realizing state policy in the publishing sphere" in all cases shall be replaced with words "authorized body" in the corresponding case, and the word "cancellation" - the words "cancellation";
Paragraph two of part one of Article 32 to state 7) in the following edition:
"according to the decision of authorized body of management of the subject of publishing - the legal entity or the subject of publishing who is physical person - the entrepreneur".
32. "About cinematography" (Sheets of the Verkhovna Rada of Ukraine, 1998, No. 22, Art. 114 with the following changes) to add article 1 of the Law of Ukraine with part of the following content:
"The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in the field of cinematography are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law".
33. In Bases of the legislation of Ukraine on obligatory national social insurance (The sheet of the Verkhovna Rada of Ukraine, 1998, No. 23, Art. 121; 2014, No. 6-7, of the Art. 80):
Article 12 to state 1) in the following edition:
"Article 12. Dispute resolution
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