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LAW OF UKRAINE

of April 8, 2026 No. 4840-IX

About the basic principles of the state supervision (control)

This Law determines legal and organizational basis of the state supervision (control), the basic principles and procedure for its implementation, power of state supervision bodies (control), responsibility of their officials, and also the rights, obligations and responsibility of subjects of managing when implementing the state supervision (control).

Article 1. Determination of terms

1. In this Law the stated below terms are used in the following value:

audit of condition of activities of the subject of managing analysis of current status of activities of the subject of managing in certain area of the economic activity which is carried out according to its statement by state supervision body (control) or the subject of audit for the purpose of identification, the prevention and remedial action in activities of such subject of managing, and avoidance of violations of requirements of the legislation without application of sanctions and/or other response measures;

the auditor in the field of the state supervision (control) - the physical person which is performing independent professional activity, who received the certificate of competency according to the decision of the qualification commission under relevant organ of the state supervision (control) and authorized by such body on carrying out audit in the respective sphere bears the personal responsibility for reliability, completeness and justification of results of the activities;

the auditor conclusion document, constituted by the auditor in the field of the state supervision (control) by results of audit of condition of activities of the subject of managing;

the state supervision (control) - activities of the executive bodies determined by the law, their territorial authorities (in case of their education), executive bodies of the Autonomous Republic of Crimea, local public administrations, local government bodies, the state social insurance funds (further - state supervision bodies (control) within the powers provided by the law, on identification and tracking of elimination of violations of requirements of the legislation, the licensed conditions allowed by subjects of managing, the prevention of violations of requirements of the legislation which can be allowed by subjects of managing during implementation of economic activity, and ensuring protection of interests of society, life and health of the person, the surrounding environment;

the expert-person, the having higher education, qualification and professional knowledge in the checked area, directly carries out expertize in case of attraction of managing by the subject or state supervision body (control) when implementing action of the state supervision (control) and bears the personal responsibility for reliability, completeness and justification of results of examination, and also for preserving confidential information which became known to it when implementing such examination;

measures of the state supervision (control) - the planned and/or unplanned actions performed by state supervision body (control) or its officials in the form of check, audit, survey, inspection, inspection visit and in other forms determined by the law;

the integrated information and communication system of the state supervision (control) - the single information and communication system of collection, accumulating, processing, the analysis, systematization and promulgation of information on measures of the state supervision (control) intended for ensuring automation of planning and organization of events of the state supervision (control), automation of other activities connected with the state supervision (control);

the location of the subject of managing address, specified in the Unified State Register of Legal Entities, physical persons - and/or the actual place of implementation of economic activity, and/or the place of stay of moving object or the location of immovable object (the room, the building, construction, the parcel of land, the territory) within which (limits) economic activity, and/or the address of separate division of the subject of managing or office at which the subject of managing exercises control of economic activity and accounting of its results, and/or the address of separate division of the foreign legal entity, including the permanent mission registered in the territory of Ukraine according to the legislation is performed;

personal electronic account - the individual personified web page of the official of state supervision body (control) or the subject of managing in the integrated information and communication system of the state supervision (control) by means of which they perform introduction of data and data exchange in such system;

subject of implementation of action of the state supervision (control) - the questions of observance by the subject of managing of requirements of the legislation determined within the respective sphere of the state supervision (control) when implementing of the corresponding type of economic activity by it;

the rating of subjects of managing list of the subjects of managing which are subject to the state supervision (control) in the respective sphere of the state supervision (control), created by state supervision body (control) taking into account the criteria determined by the Cabinet of Ministers of Ukraine by means of the integrated information and communication system of the state supervision (control) according to the procedure of reduction of the scores added to each subject of managing depending on risk of approach of negative effects from implementation of economic activity by it;

risk probability of emergence of events which can lead to negative effects in connection with production by the subject of managing of economic activity which size is measured in quantitative and qualitative indexes;

specially authorized body concerning the state supervision (control) - the central executive body realizing the State regulatory policy, policy on issues of supervision (control) in the field of economic activity, licensing and authorization system in the field of economic activity and deregulation of economic activity;

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 officials of state supervision body (control) - illegal refusal of the subject of managing in the admission to implementation of action of the state supervision (control) and/or the requirement about the termination of implementation of action of the state supervision (control) (except the bases determined by article 20 of this Law), and/or lack of subject of managing (the head of the legal entity or the physical person - the entrepreneur) or person authorized by it during this Law of time determined by part twelve of Article 4 from the moment of arrival of officials of state supervision body (control), representatives on implementation of action of the state supervision (control) according to the law, on the location of the subject of managing that led to non-admission to implementation of action of the state supervision (control), and/or failure to carry out of legal requirements of officials of state supervision body (control) during implementation of action of the state supervision (control);

the subject of audit auditor in the field of the state supervision (control) either the legal entity, or consolidation of legal entities in the respective sphere of economic activity having in the state at least one auditor in the field of the state supervision (control);

subjects of managing - legal entities irrespective of legal form and pattern of ownership (the legal entities formed according to the Civil code of Ukraine, the state, utility and other legal entities registered in the procedure established by the law), physical persons - entrepreneurs, the separate divisions of foreign legal entities, including the permanent missions registered in the territory of Ukraine according to the legislation, performing economic activity on production, storage and sales of goods, performance of works, rendering services with the purpose and/or without the profit earning purpose and also the physical persons performing independent professional activity;

the sphere of the state supervision (control) - set of the public relations within which requirements to implementation by subjects of managing of economic activity, in particular in buildings, constructions and their parts, on separate objects, the parcels of land, the territories which are in property or use or the order of such subjects of managing are established by the law;

third persons - the legal entities and physical persons involved by the subject of managing or state supervision body (control) when implementing actions of the state supervision (control) (lawyers, auditors, experts, public associations on behalf of their authorized representatives and other persons);

the authorized person of the subject of managing - physical person which according to documents, including the Charter, the agreement, the order, the order, the power of attorney in paper or electronic form, or by means of telephone communication by the subject of managing (the head of the legal entity or the physical person - the entrepreneur) is granted the right to represent its interests when implementing actions of the state supervision (control), in particular to sign the statements which are drawn up by results of implementation of such actions.

2. Other terms are used in this Law in the values given in other laws of Ukraine, in particular:

the term "accident" - in the value given in the Code of civil protection of Ukraine;

the term "licensee" - in the value given in the Law of Ukraine "About licensing of types of economic activity".

Article 2. Law coverage

1. Operation of this Law extends to the relations connected with implementation of the state supervision (control).

2. Operation of this Law does not extend to the relations arising when implementing actions of currency supervision, tax control, customs control, the state export control, control of observance of the budget legislation, the state supervision in the markets of financial services and in the payment market, the state supervision in the organized goods markets, the state control of compliance with law about protection of the economic competition, the state supervision of observance of requirements of nuclear and radiation safety, the state market supervision and control of non-food products, supervision in the field of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, control of professional activity of notaries, private contractors, arbitration managers, the certified court experts the state supervision (control) in the field of the media, control measures performed by the National commission performing state regulation in spheres of power and utilities, control of activities of subjects of managing in spheres of power and utilities except the basic principles of the state supervision (control) stipulated in Clause 3 and provisions of parts one and the second article 23 of this Law if their accomplishment does not contradict requirements of the laws in the respective spheres and to accomplishment of international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

3. Control of observance by licensees of requirements of licensed conditions is exercised by the state supervision bodies (control) which are bodies of licensing in the procedure established by this Law with observance of the requirements established by the Law of Ukraine "About licensing of types of economic activity" regarding approval of unplanned actions of the state supervision (control) by specially authorized body concerning licensing based on the decision of Expert and appeal council on questions of licensing.

4. Actions of the state supervision (control) are performed by state supervision bodies (control) in the procedure established by this Law, except the cases determined by part five of this Article.

5. If features of implementation of the state supervision (control) are determined by the laws in the respective spheres and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, state supervision bodies (control) shall observe the procedure established by this Law taking into account certain features.

If features of implementation of the state supervision (control) are not determined by the laws in the respective spheres and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, state supervision bodies (control) shall observe the procedure established by this Law.

Measures of the state control in spheres of safety and separate indicators of quality of foodstuff, productions, addresses and uses of forages, addresses with the by-products of animal origin which are not intended for consumption by the person, health of animals and wellbeing of animals, the address with genetically modified organisms, organic production, the address and marking of organic products, protection of plants, geographical instructions for the agricultural products and foodstuff traditional of the guaranteed features, geographical instructions of alcoholic drinks perform state supervision bodies (control) according to this Law if it is provided by the laws governing the relations in the respective sphere.

6. Control of observance (control) of requirements of the legislation by state supervision bodies in the field of implementation of the state supervision (control) of economic activity is exercised by specially authorized body concerning the state supervision (control) according to the requirements determined by this Law.

7. The relations on acceptance, entry into force, appeal, execution, cancellation of administrative acts concerning the state supervision (control) are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law.

Article 3. Basic principles of the state supervision (control)

1. The state supervision (control) is exercised on the following basic principles:

the principles of ministerial procedure determined by the Law of Ukraine "About ministerial procedure";

priority of safety in questions of life and health of the person, functioning and development of society, the habitat and life activity;

submission to control and accountability of state supervision bodies (control) to relevant organs of the government;

equal rights and legitimate interests of all subjects of managing;

guaranteeing rights and legitimate interests of each subject of managing;

objectivity and impartiality of implementation of the state supervision (control), inadmissibility of implementation of actions of the state supervision (control) concerning activities of subjects of managing for anonymous or groundless statements;

implementation of the state supervision (control) only in the presence of the bases and according to the procedure, determined by the law;

openness, transparency, planned character and systemacity of the state supervision (control);

inadmissibility of duplication of powers of state supervision bodies (control) and inadmissibility of implementation of actions of the state supervision (control) (control) by different state supervision bodies for the same question;

non-interference of state supervision bodies (control) to activities of subjects of managing which are performed within the law;

responsibility of state supervision bodies (control) and their officials for the harm done to subjects of managing owing to violation of requirements of the legislation, violation of the rights and legitimate interests of subjects of managing;

independence of state supervision bodies (control) of influence of political parties or other associations of citizens;

presumption of legitimacy of activities of the subject of managing if provisions of the law or the regulatory legal act issued according to the law or if provisions of the different laws or other regulatory legal acts allow ambiguous (multiple) interpretation of the rights and obligations of the subject of managing and/or powers of state supervision body (control);

focus of the state supervision (control) on prevention of offenses in the field of economic activity;

non-admission of establishment of planned targets or other planning on involvement of subjects of managing to responsibility, applications to subjects of managing of sanctions and/or other response measures;

implementation of the state supervision (control) on the basis of valuation principle of risks and feasibility;

establishment of responsibility of subjects of managing (their heads and authorized persons) for groundless non-admission to implementation of actions of the state supervision (control) and/or for preventing to their carrying out in a different way, and/or for failure to carry out of legal requirements of state supervision bodies (control) and their officials.

Article 4. General requirements to implementation of actions of the state supervision (control)

1. Actions of the state supervision (control) are performed on the location of the subject of managing or in state supervision body (control) in the cases determined by the law.

2. The state supervision body (control) can perform actions of the state supervision (control) and exchange of documents electronically by means of the integrated information and communication system of the state supervision (control).

3. Implementation of actions of the state supervision (control) (control) by different state supervision bodies for the same question is forbidden.

4. Planned and unplanned actions of the state supervision (control) are performed in working hours of the subject of managing, established by its employment policies and procedures, except cases of implementation of actions of the state supervision (control) of rather not declared work which are performed in working hours of the subject of managing, established by its employment policies and procedures, or in other time of the actual implementation of economic activity.

5. Only are determined by the law:

bodies, authorized to exercise the state supervision (control) in the field of economic activity;

the types of economic activity which are subject to the state supervision (control);

types (planned, unplanned), forms of actions of the state supervision (control) and methods of their implementation;

sanctions and/or other response measures for violation of requirements of the legislation and the list of violations which are the basis for issue by state supervision body (control) of the instruction, the order or other administrative document;

procedure, conditions and class of liability insurance for damage which can be caused owing to violation by subjects of managing of requirements of the legislation;

the minimum size of insurance sum according to the insurance contract of responsibility depending on risk degree from implementation of economic activity;

the term by which frequency of implementation of actions of the state supervision (control) in case of the conclusion by the subject of managing of the insurance contract of responsibility increases.

6. The state supervision body (control) cannot perform measures of the state supervision (control) if the law directly does not authorize such body on implementation of the state supervision (control) in the respective sphere of the state supervision (control) and does not determine power of such body when implementing such state supervision (control).

Actions of the state supervision (control) are performed in all territory of Ukraine according to powers of the state supervision bodies (control) established by this Law, other laws regulating procedure of the state supervision (control) in the respective spheres. Expansion of powers of state supervision bodies (control) and the sphere of the state supervision (control) determined by the law is forbidden.

7. Implementation of the state supervision (control) concerning the subject of managing by the official of state supervision body (control) in the presence of the bases for removal (rejection) of such official determined by the Law of Ukraine "About ministerial procedure" or in case of conflict of interest at it in understanding of the legislation in the field of prevention and anti-corruption is forbidden.

8. If provisions of the law or the regulatory legal act issued according to the law or if provisions of the different laws or regulatory legal acts allow possibility of ambiguous (multiple) interpretation of the rights and obligations of the subject of managing or powers of state supervision body (control), such provisions are treated in interests of the subject of managing.

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