of July 22, 2011 No. 160
On regulation of business activity by permission
The parliament adopts this organic law.
(1) This law establishes the legal basis for regulation of business activity by permission.
(2) the Purpose of this law is implementation of the uniform provisions concerning the procedure of regulation of the business activity by permission applied by state bodies - issuers concerning physical persons and legal entities for the purpose of implementation by them of the entrepreneurial or provided by the law other activities, connected and necessary for business activity.
For the purposes of this law the following concepts are determined:
the allowing document - the stating document or the act by means of which the state body issuer determines certain dispositive facts and accomplishment of the conditions established by the law, certifying investment of the applicant with number of the rights and obligations for the purpose of initiation, implementation and/or the termination of business activity or connected with it and the actions, integral from it. The allowing document can carry the name of the license, permission, the omission, the certificate, the conclusion, approval, the patent, the competence certificate (further - allowing documents);
state body - the issuer - any the organizational structure or public body created based on the law or other regulation and also the organizations subordinated to them equipped with functions of regulation and/or control, operating in the mode of the public power for the purpose of realization of certain public interest. For the purpose of this law the legal entities of private law performing functions of body of the public power or using the sphere of public ownership are equated to bodies of the public power, being the given authority on rendering services of public value;
The list of allowing documents - the official listing of allowing documents established by this law in which are specified effective period of these documents, the payment levied for their issue, and also state bodies - the issuers given the right of issue of such documents, and equally in the bodies or subjects involved in process of issue of the allowing document;
single window - the mechanism allowing the parties involved in business activity to provide information and documents through single collection point that will allow to fulfill all requirements of the legislation connected with regulation of business activity and receipt of allowing documents.
(1) Provisions of this law are applied to state bodies - the issuers determined in Article 2, by the right of issue of allowing documents to physical persons and legal entities given the law for implementation by them of the entrepreneurial or provided by the law other activities, connected and necessary for business activity.
(2) This law is applied in that measure in what it does not contradict provisions of the laws regulating licensed, the permitted or certified activities in financial (bank and non-bank) the sphere; the exception is constituted by provisions of parts (1) - (2) and (5) Article 4 and part (7) Articles 6, which prevail concerning any лицензируемой/разрешаемой/сертифицируемой spheres.
(3) the Relations regulated by this law fall under operation of the Law on the basic principles of regulation of business activity No. 235-XVI of July 20, 2006 in that measure in which this law does not provide other.
(1) the Allowing document is the document issued by state body - the issuer who answers at least one of the following criteria:
a) is condition and/or the requirement for initiation, implementation or the termination of business activity in one or several specific spheres;
b) treats the personal and/or real estate and services used, made or sold in the course of implementation of business activity;
c) confirms and/or certifies the professional skills of employees of the company valid only within activities of the relevant company and necessary for the business activity performed by it; this document cannot be used by the specified worker at other company performing similar activities.
(1-1) Allowing document represents the lever which is subject to application by authorized body taking into account the principle of proportionality, along with other means and methods of impact of bodies of the public power.
(1-2) Introduction of the allowing document shall correspond to one or several risks which can be covered by this allowing document and which are not considered by other levers of bodies of the public power, including other allowing documents without fail.
(1-3) Rights and/or obligations supported by the allowing document arise only in case of accomplishment by the applicant of requirements and conditions, directly and more exhaustively established by the law. The declaration of will of body of the public power expressed by means of issue of the allowing document cannot be the cornerstone of emergence of the rights and obligations, and only confirms accomplishment of the requirements and conditions established by the law if the law directly gives to relevant organ of the public power this authority. The state body issuer can refuse issue of the allowing document, and also begin the procedure of suspension of action and/or withdrawal of the allowing document if the applicant does not meet the requirements and/or conditions, directly established law concerning the relevant allowing document, and does not observe them.
(1-4) Confirmation of the allowing document on paper or other carrier is no other than the proof of existence of the document and the rights of the specific subject in time. Issue of the carrier and/or its destruction does not cause existence of the rights and obligations confirmed with this carrier. All state bodies issuers shall keep registers of the issued allowing documents, including electronically and to provide direct access to these registers, including electronically, to monitoring bodies and other bodies of the public power in the amount corresponding to functions and powers of these bodies.
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