RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 1, 2013 No. 533

About approval of criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance by subjects of managing of requirements concerning forming, establishment and use of the state regulated prices by Public service is determined by safety issues of foodstuff and consumer protections

According to part two of 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 implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance by subjects of managing of requirements concerning forming, establishment and use of the state regulated prices by Public service is determined by safety issues of foodstuff and consumer protections, according to appendix.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of August 1, 2013 No. 533

Criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance by subjects of managing of requirements concerning forming, establishment and use of the state regulated prices by Public service is determined by safety issues of foodstuff and consumer protections

1. In these criteria the term "subject of natural monopoly" is used in the value given in the Law of Ukraine "About natural monopolies", the term "exclusive (dominating) market position" - in the value given in article 12 of the Law of Ukraine "About protection of the economic competition".

Other terms are used in the value given in the Laws of Ukraine "About the prices and pricing" and "About the basic principles of the state supervision (control) in the field of economic activity".

2. Criteria by which the risk degree from carrying out the economic activity connected with sale (realization) of goods concerning which state regulation of the prices is established is estimated are:

1) No. 1103 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 18.12.2017;

2) belonging of the subject of managing to subjects of natural monopolies;

3) the monopoly (dominating) position of the subject of managing in the market;

4) violation of requirements of the legislation on the prices and pricing;

5) increase more than for 10 percent of the prices of the specified goods during the certain period of time.

3. According to the established criteria subjects of managing belong to one of three risk degrees - high, average or insignificant.

4. With high risk belong subjects which to subjects of managing:

1) hold the exclusive (dominating) market position;

2) are subjects of natural monopolies;

3) No. 1103 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 18.12.2017;

4) perform sale (realization) of goods concerning which state regulation of the prices, the prices for which are raised more than by 10 percent within one month, is established;

5) were allowed within the last three years which precede planned, but at least by results of two last actions of the state supervision (control), violation of requirements of the legislation on the prices and pricing.

5. Subjects which perform sale (realization) of goods concerning which state regulation of the prices, the prices for which are raised by it more than by 10 percent within three months, is established concern to subjects of managing with average risk degree.

6. Subjects which perform sale (realization) of goods concerning which state regulation of the prices is established belong to subjects of managing with insignificant risk degree, and do not concern to subjects of managing with high or average risk degree.

7. Planned actions of the state supervision (control) of observance by subjects of managing of requirements of the legislation on the prices and pricing are performed with such frequency:

1) with high risk - not more often than every two years;

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

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

8. If by results of planned and unplanned actions of the state supervision (control) (in the presence) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing violations of requirements of the legislation on the prices and pricing are not revealed, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

If from the date of adoption of such decision by results of unscheduled inspections violations by the subject of managing of requirements of the legislation in the respective sphere are revealed, the following planned event of the state supervision (control) concerning such subject of managing is performed in the next planning period.

9. In case when the subject of managing can be carried at the same time to two or more risk degrees, such subject belongs to more high risk from to what it can be carried.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 1, 2013, No. 533

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

2. The resolution of the Cabinet of Ministers of Ukraine of March 10, 2010 No. 255 "About amendment of appendix to the resolution of the Cabinet of Ministers of Ukraine of May 21, 2008 No. 483" (The Official Bulletin of Ukraine, 2010, No. 17, the Art. 781).

3. Item of 9 changes which are made to acts of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 No. 1390 (The Official Bulletin of Ukraine, 2012, No. 3, the Art. 85).

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