LAW OF UKRAINE

of April 5, 2007 No. 877-V

About the basic principles of the state supervision (control) in the sphere of economic activity

This Law determines the legal and organizational beginnings, the basic principles and procedure of the state supervision (control) in the sphere of economic activity, power of state supervision bodies (control), their officials and the right, obligation and responsibility of subjects of managing when implementing the state supervision (control).

Article 1. Determination of terms

In this Law the below-specified terms are used in the following value:

the state supervision (control) - activities of the central executive bodies authorized by the law, their territorial authorities of the state collegiate organs, executive bodies of the Autonomous Republic of Crimea, local administrations, local government bodies, (further - state supervision bodies (control)) within the powers provided by the law on identification and the prevention of violations of requirements of the legislation by subjects of managing and ensuring interests of society, in particular proper product quality, works and services, admissible level of danger to the population, the surrounding environment;

measures of the state supervision (control) - planned and unplanned actions, are performed in the form of checks, audits, surveys, inspections and in other forms determined by the law;

the integrated automated system of the state supervision (control) - the single automated system of collection, accumulating and systematization of information on measures of the state supervision (control) intended for generalization and promulgation of information on measures of the state supervision (control), coordination of work of state supervision bodies (control) on implementation of complex actions of the state supervision (control), monitoring of efficiency and legality of implementation of actions of the state supervision (control);

acceptable risk - it is social, economically, technically and politically reasonable risk which is not exceeding maximum permissible level;

the risk - probability of emergence of negative consequences from implementation of economic activity and the possible amount of losses from them, is measured in quantitative and qualitative indexes;

method of implementation of the state supervision (control) the procedure of implementation of the state supervision (control) determined by the law;

creation of obstacles to state supervision bodies (control) or their officials when implementing actions of the state supervision (control) - failure to carry out of legal requirements of officials of state supervision body (control) or not admission of officials of this body to implementation of actions of the state supervision (control) which bases are determined by the law;

the third parties - legal entities and physical persons (lawyers, auditors, public associations on behalf of their authorized representatives and others) which are attracted by subjects of managing or state supervision bodies (control) during implementation of measures of the state supervision (control).

Article 2. Coverage of this Law

Operation of this Law extends to the relations connected with implementation of the state supervision (control) in the sphere of economic activity.

Operation of this Law does not extend to the relations arising during implementation of actions of currency supervision, tax control, customs control, the state export control (except implementation of the state supervision (control) of respect by subjects of space activities of Ukraine for private pattern of ownership of the legislation on space activities in Ukraine) control of observance of the budget legislation, the state supervision in the markets of financial services, the state control of compliance with law about protection of the economic competition, the state supervision (control) in the field of television and broadcasting of the state supervision (control) of observance by the subjects of managing performing activities in spheres of power and utilities legislations in spheres of power and utilities of the state market supervision and control of non-food products of the state supervision (control) of observance by the subjects of managing performing activities in the sphere of road transport during raid checks (checks on the road) which are carried out taking into account the features determined by the Law of Ukraine "About road transport", the state supervision of observance of safety requirements of use of nuclear energy of the state supervision (control) in the sphere of safety of merchant shipping and navigation on inland waterways (regarding supervision (control) of courts).

Operation of this Law does not extend to the relations arising when implementing of tax control by tax authorities behind observance of requirements for forming, establishment and use of the state regulated prices, performed by them during action of warlike, emergency state.

Control of observance by organizers of gamblings of requirements of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" and licensed conditions is performed in the procedure established by this Law taking into account the features determined by the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings".

Control of observance by licensees of requirements of licensed conditions is exercised by bodies of licensing in the procedure established by this Law taking into account the features determined by the Law of Ukraine "About licensing of types of economic activity.

Control measures are performed by bodies, the state architectural construction supervision (supervision), the state supervision and control of compliance with law about work and employment of the population, the state supervision (control) in the sphere of fire and technogenic safety, the state control of compliance with law in the sphere of monitoring, the reporting and verification of emissions of greenhouse gases in the procedure established by this Law taking into account the features determined by the laws in the respective spheres and international treaties, in particular the state supervision (control) in the field of civil aviation - taking into account the features established by the Air code of Ukraine regulatory legal acts adopted in its execution (Aviation rules of Ukraine) and international treaties in the field of civil aviation.

The bodies specified in part four of this Article exercising the state supervision (control) in the procedure established by this Law taking into account the features determined by the laws in the respective spheres and international treaties shall provide observance of requirements of Article 1, of Article 3, of parts one, the fourth, sixth - the eighth, paragraph two of part ten, parts twelve - the fourteenth Article 4, to part eleven of Article 4-1, of part three of Article 6, of parts one - the fourth, sixth and tenth article 7, of articles 9, of 10, of 12, of 19, of 20, of 21 these Laws.

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