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Ministry of Justice of Ukraine
August 6, 2013
No. 1333/23865
of July 17, 2013 No. 442
About approval of the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones
According to Articles 6, of 20, of 21 Law of Ukraine "About licensing of certain types of economic activity", the Law of Ukraine "About the main beginnings of the state supervision (control) in the field of economic activity", the resolution of the Cabinet of Ministers of Ukraine of November 14, 2000 "About approval of the list of bodies of licensing" I ORDER to No. 1698:
1. Approve the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones that is added.
2. To department of agriculture (Demidov O. A.) provide submission in accordance with the established procedure of this order on state registration in the Ministry of Justice of Ukraine.
3. This order becomes effective from the date of its official publication.
4. To impose control over the implementation of the order on the deputy minister Davidenko V. M.
Minister
M. V. Prisyazhnyuk
Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine for July 17, 2013 No. 442
1.1. This Procedure determines the legal and organizational principles, the basic principles of implementation of the state supervision (control) in the field of conducting economic activity by carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones.
1.2. Action of this Procedure extends to all subjects of managing (legal entities and physical persons - entrepreneurs) who obtained the license for conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones.
1.3. Control of observance by subjects of managing of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (further - Licensed conditions) performs Minagropolitiki of Ukraine (further - body of licensing) within the powers by carrying out scheduled and unscheduled inspections.
1.4. In this Procedure terms are used in the values given in the Laws of Ukraine "About quarantine of plants" and "About protection of plants".
2.1. Scheduled inspections of observance by licensees of Licensed conditions are carried out by body of licensing according to annual or quarter plans of checks which affirm body of licensing till December 1 of year which precedes planned, or to the 25th day of the last month of quarter which precedes planned.
Conducting planned inspections of subjects of managing which obtained licenses for conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones are performed according to the Law of Ukraine "About the main beginnings of the state supervision (control) in the field of economic activity".
2.2. Plans of conducting checks will be unveiled by bodies of licensing by placement of information on the Internet on the official website of body of licensing.
2.3. The body of licensing performs scheduled inspections on condition of the written message to the licensee about conducting such check not later than in ten days prior to day of its carrying out in the form given in appendix 1 to this Procedure.
2.4. The message is sent by the registered mail or the telephone message or handed personally to the head of the licensee or person authorized by it on receipt.
The licensee has the right not to allow the official of body of licensing to implementation of scheduled inspection in case of non receipt of the message on its carrying out.
2.5. The term of implementation of scheduled inspection cannot exceed fifteen working days, and for small business entities - five working days.
Prolongation of term of implementation of scheduled inspection is not allowed.
2.6. Unscheduled inspections are performed by body of licensing on the bases determined by the Laws of Ukraine "About licensing of certain types of economic activity" and "About the main beginnings of the state supervision (control) in the field of economic activity".
When carrying out unscheduled inspections questions which need of check became the basis for conducting these checks become clear.
2.7. The term of implementation of unscheduled inspection cannot exceed ten working days, and concerning small business entities - two working days.
Prolongation of term of implementation of unscheduled inspection is not allowed.
The licensee is not warned previously about carrying out unscheduled inspection.
3.1. The commission has the right:
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The document ceased to be valid since July 17, 2015 according to Item 1 of the Order of the Ministry of Agricultural Policy and Food of Ukraine of June 18, 2015 No. 223