RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 28, 2013 No. 752

About approval of techniques of development of criteria by which the risk degree of implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control), and also the unified forms of the statements which are drawn up by results of holding planned (unplanned) actions of the state supervision (control) is determined

Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Technique of development of criteria by which the risk degree of implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) is determined;

Technique of development of the unified forms of the statements which are drawn up by results of holding planned (unplanned) actions of the state supervision (control).

2. To the ministries, other central executive bodies in three-months time:

provide offers on reduction of acts of the Cabinet of Ministers of Ukraine to compliance with this resolution;

bring own regulatory legal acts into accord with this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 28, 2013 No. 752

The technique of development of criteria by which the risk degree of implementation of economic activity is estimated and is determined frequency of holding planned actions of the state supervision (control)

General provisions

1. This Technique is developed for the purpose of ensuring with state supervision bodies (control) of single approach to development of criteria by which the risk degree of implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) is determined (further - criteria).

In this Technique terms are used in the value given in the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity".

2. Criteria are developed by state supervision body (control) in the sphere of its competence taking into account provisions of the relevant laws, international treaties which consent to be bound it is provided by the Verkhovna Rada of Ukraine, opinion of the public and affirm the Cabinet of Ministers of Ukraine.

If bodies, authorized to exercise the state supervision (control), the local state administrations and/or local government bodies are, in the respective spheres criteria are developed by the central executive bodies providing forming of state policy in the respective spheres.

Information on the number of the subjects of managing who are subject to the state supervision (control), as a percentage on each of three risk degrees is added to the project of criteria (high, average, insignificant).

3. Criteria shall not contain regulations on duplication of powers of state supervision bodies (control).

4. Criteria are subject to revision at least once in three years.

Requirements to development of criteria

5. In case of development of criteria it is determined:

1) scope of criteria;

2) the name of state supervision body (control), authorized to hold events of the state supervision (control) in the respective sphere;

3) exhaustive list of criteria;

4) regulations on reference of subjects to one of three risk degrees;

5) regulations on frequency of holding planned actions of the state supervision (control).

6. For the purpose of development of criteria the preliminary analysis of quantitative and qualitative indexes (characteristics) of economic activity of subjects of managing is carried out, namely: negative consequences from implementation of economic activity and the possible amount of losses in case of their approach, potential production of the company, its production resources, hardware, technology and production organization, amount of production or other factors which can lead to approach of negative consequences from implementation of economic activity and the possible amount of losses in case of their approach.

7. Taking into account criteria all subjects of managing shall be carried to one of three risk degrees - high, average or insignificant.

8. Criteria are applied concerning activities of subjects of managing in the respective sphere.

9. Criteria are developed based on analysis results of qualitative and quantitative indices (characteristics) of activities of subjects of managing taking into account:

scales of activities of subjects of managing;

statistical data about approach of negative consequences from implementation of activities of subjects of managing, assessment of degree of danger of economic activity, violation of requirements of the legislation;

the term of implementation of activities of subjects of managing in the respective sphere;

type and field of activity of subjects of managing, type and amount of production, the performed works, the provided services;

results of the previous checks, availability of violations in the previous activities of subjects of managing (except newly created);

other factors which can lead to approach of negative consequences from implementation of economic activity and the possible amount of losses in case of their approach.

10. Criteria shall determine:

the clear, clear and measured measures by which the risk degree is determined;

risk degrees on the basis of statistical data about approach of negative consequences from implementation of activities of subjects of managing, violation of requirements of the legislation;

extreme sizes (quantitative indices) of reference of the company to this or that risk degree;

frequency of holding planned actions of the state supervision (control);

regulations on reference of the company to the highest risk degree if it can be carried at the same time to two or more risk degrees.

Requirements of reference of subjects of managing to risk degree

11. To each risk degree it shall be carried:

to high risk - to 10 percent of subjects of managing;

to average risk degree - to 30 percent of subjects of managing;

in insignificant risk degree - 60 and more percent of subjects.

Requirements for determination of frequency of holding planned actions of the state supervision (control)

12. Depending on risk degree frequency of holding planned actions of the state supervision (control) is established.

Planned events of the state supervision (control) are held with the following frequency:

for the subjects of managing carried to high risk - is not more often than once in two years;

for subjects of managing which are carried to average risk degree - not more often than once in three years;

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