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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 17, 2013 No. 509

About approval of the Procedure for imposing of penalties for violation of the law about work and employment of the population

(as amended on 28-07-2021)

According to part four of Article 265 of the Labor code of Ukraine and part nine of article 53 of the Law of Ukraine "About employment of the population" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for imposing of penalties for violation of the law about work and employment of the population which is applied.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 17, 2013, No. 509

Procedure for imposing of penalties for violation of the law about work and employment of the population

1. This Procedure determines the imposing mechanism on subjects of managing and employers of penalties for violation of the law about the work and employment of the population provided by part two of Article 265 of the Labor code of Ukraine and parts two - the seventh article 53 of the Law of Ukraine "About employment of the population" (further - penalties).

2. Penalties are imposed by Gostrud's Chairman, his deputies, heads of executive bodies of city councils of the cities of regional value, village, settlement, city councils of the integrated territorial communities and their deputies (on the bases determined by paragraphs the fourth - the sixth this Item) (further - authorized officers).

Penalties are imposed on the basis:

the judgments about registration of employment relationships with the worker who performed work without execution of an employment agreement, and establishments of the period of such work or work on the terms of part-time in case of the actual performance of work the complete worker time established at the company in organization, the organization;

the statement which is drawn up by results of action of the state control of compliance with law about work or employment of the population performed in connection with failure to meet requirements of the instruction;

the statement which is drawn up by results of action of the state control of compliance with law about work during which the facts of use of work of not properly executed workers are elicited;

act of impossibility of carrying out inspection visit / inspection not eligible to travel abroad;

the inspection statement GNS, its territorial authority during which violations of the law about work are revealed.

3. Case on imposing of penalty (further - case) is considered in 45-day time from the date of, the obtaining by the authorized officer of documents following behind day, the specified in paragraphs three - the seventh Item 2 presents of the Procedure.

About the date of receipt of documents, the specified in paragraphs three - the seventh Item 2 presents of the Procedure, the authorized officer in writing reports the subject of managing and the employer no later than in five days after their obtaining the registered mail or the telegram, the telefax, the telephone message or in the way of delivery of the notification to their representatives about what on the copy of the notification which remains at the authorized officer which directed such message the corresponding mark certified by the signature of such representative becomes.

4. During consideration of the case materials are researched and the issue of availability of the bases for imposing of penalty is resolved.

By results of consideration of the case the authorized officer based on documents, the specified in paragraphs three - the seventh Item 2 presents of the Procedure, is constituted by the resolution on imposing of penalty.

The resolution on imposing of penalty is constituted in duplicate in the form established by Ministries of Economics, one of which remains at the authorized officer which considered case, the second - goes within three days from the date of creation to the subject of managing or the employer concerning whom the resolution is accepted, or is handed to his representative about what on copy the corresponding mark certified by the signature of such subject of managing or the employer or their representative becomes. In case of sending copy of the resolution by means of mail service in case papers the corresponding mark becomes.

In case of lack of the bases for creation of the resolution on imposing of penalty the authorized officer in writing reports about it to the subject of managing or the employer in the terms determined by paragraph one of Item 3 presents of the Procedure.

The paragraph the fifth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 28.07.2021 No. 780

5. No. 823 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 21.08.2019.

6. No. 823 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 21.08.2019.

7. No. 823 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 21.08.2019.

8. No. 823 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 21.08.2019.

9. The penalty is paid within one month from the date of adoption of the resolution on its imposing what the subject of managing or the employer report about the authorized officer which constituted the resolution on imposing of penalty.

10. The resolution on imposing of penalty can be appealed judicially.

11. The penalties which are not paid in voluntary procedure are collected:

judicially regional jobcenters based on case papers which are transferred to them by territorial authorities of Gostrud (concerning the penalties provided by parts two, the fifth and sixth article 53 of the Law of Ukraine "About employment of the population");

judicially territorial authorities of Gostrud (concerning the penalties provided by parts three, the fourth and seventh article 53 of the specified Law);

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