RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 22, 2012 No. 791

About approvals of criteria on which the risk degree from carrying out economic activity in industries of cryptographic and technical information security which is subject to licensing according to the Law of Ukraine "About licensing of certain types of economic activity" is estimated and frequency of implementation of planned actions of the state supervision (control) is determined

According to article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Approve criteria by which the risk degree from carrying out economic activity in industries of cryptographic and technical information security which is subject to licensing according to the Law of Ukraine "About licensing of certain types of economic activity" is estimated and frequency of implementation of planned actions of the state supervision (control), according to appendix is determined.

2. To bring administrations of Public service of special communication and information security in three-months time own normative legal acts into accord with this resolution.

3. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of August 6, 2008 "About approvals of criteria on which the risk degree from carrying out economic activity in industries of cryptographic and technical information security is estimated and is determined No. 698 frequency of holding the planned actions connected with the state supervision (control)" (The Official Bulletin of Ukraine, 2008, No. 59, the Art. 1982);

Item of 10 changes which are made to resolutions of the Cabinet of Ministers of Ukraine concerning information access, approved by the resolution of the Cabinet of Ministers of Ukraine of September 7, 2011 No. 938 (The Official Bulletin of Ukraine, 2011, No. 69, the Art. 2624).

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of August 22, 2012 No. 791

Criteria by which the risk degree from carrying out economic activity in industries of cryptographic and technical information security which is subject to licensing according to the Law of Ukraine "About licensing of certain types of economic activity" is estimated and frequency of implementation of planned actions of the state supervision (control) is determined

1. Criteria by which the risk degree from carrying out economic activity in industries of cryptographic and technical information security which is subject to licensing according to the Law of Ukraine "About licensing of certain types of economic activity" (further - licensed type of economic activity) is estimated are:

special conditions of carrying out licensed type of economic activity;

non-compliance with requirements of licensed conditions of carrying out licensed type of economic activity;

term of carrying out licensed type of economic activity.

2. Three risk degrees - high, average and insignificant are established.

3. Subjects which answer (in total) such conditions belong to subjects of managing with high risk:

which have the right to carrying out licensed type of economic activity on the cryptographic and (or) technical information security which is the state secret;

at which the facts of violation of requirements of licensed conditions of carrying out licensed type of economic activity are elicited during implementation of the last planned or unplanned action of the state supervision (control);

at which the term of carrying out licensed type of economic activity constitutes less than three years.

4. The subjects answering to such conditions belong to subjects of managing with average risk degree:

which have the right to carrying out licensed type of economic activity on the cryptographic and (or) technical information security which is the state secret and at which the facts of violation of requirements of licensed conditions of carrying out licensed type of economic activity are elicited during implementation of the last planned or unplanned action of the state supervision (control) and the term of carrying out licensed type of economic activity constitutes more than three years or at which the facts of violation of requirements of licensed conditions of carrying out licensed type of economic activity are not elicited during implementation of the last planned or unplanned action of the state supervision (control) irrespective of the term of carrying out licensed type of economic activity;

which have the right to carrying out licensed type of economic activity on the cryptographic and (or) technical information security which is not the state secret and at which the facts of violation of requirements of licensed conditions of carrying out licensed type of economic activity are elicited during implementation of the last planned or unplanned action of the state supervision (control) irrespective of the term of carrying out licensed type of economic activity or at which the facts of violation of requirements of licensed conditions of carrying out licensed type of economic activity are not elicited during implementation of the last planned or unplanned action of the state supervision (control) and the term of carrying out licensed type of economic activity constitutes less than five years.

5. The subjects answering (in total) to such conditions belong to subjects of managing with insignificant risk degree:

which have the right to carrying out licensed type of economic activity on the cryptographic and (or) technical information security which is not the state secret;

at which the facts of violation of requirements of licensed conditions of carrying out licensed type of economic activity are not elicited during implementation of the last planned or unplanned action of the state supervision (control);

at which the term of carrying out licensed type of economic activity constitutes more than five years.

6. The planned actions connected with the state supervision (control) of activities of subjects of managing in licensed types of economic activity are performed with such frequency:

with high risk - not more often than once a year;

with average risk degree - not more often than once in three years;

with insignificant risk degree - not more often than once in five years.

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