LAW OF UKRAINE

of March 2, 2015 No. 222-VIII

About licensing of types of economic activity

Article 1. Determination of terms

1. In this Law the following basic concepts are used:

1) No. 139-IX is excluded according to the Law of Ukraine of 02.10.2019;

1-1) licensing - provision to the subject of managing of the right to implementation of type of economic activity or part of type of the economic activity which is subject to licensing by acceptance by body of licensing of the decision on licensing about what entry in the licensed register is made;

1-2) cancellations of the license fully or partially - deprivation of the subject of managing of the right to implementation of type of economic activity or part of type of economic activity on which to it the license, by acceptance by body of licensing of the decision on cancellation of the license fully or partially is granted, about what entry in the licensed register is made;

1-3) suspensions of action of the license fully or partially - the temporary termination to subject of managing of the right to implementation of type of economic activity or part of type of economic activity on which to it the license, by acceptance by body of licensing of the decision on suspension of action of the license fully or partially is granted about what entry in the licensed register is made;

1-4) renewal of action of the license fully or partially - renewal to subject of managing of the right to implementation of type of economic activity or part of type of economic activity on which to it the license, by acceptance by body of licensing of the decision on renewal of action of the license fully or partially is granted about what entry in the licensed register is made;

2) the license applicant - the subject of managing who addressed in the procedure established by the legislation to body of licensing with the statement for receipt of the license for implementation of type of economic activity or part of type of the economic activity which is subject to licensing;

3) the licensee - the subject of managing who has the license;

4) licensed conditions - the regulatory legal act of the Cabinet of Ministers of Ukraine, other representative the law of public authority which provisions establish the exhaustive list of requirements before implementation of the economic activity which is subject to licensing, obligatory for accomplishment by the licensee and the exhaustive list of the documents enclosed to the application for receipt of the license;

5) the license - the right of the subject of managing to implementation of type of economic activity or part of type of the economic activity which is subject to licensing;

6) licensing - the means of state regulation of implementation of types of economic activity aimed at safety and protection of economic and social interests of the state, society, the rights and legitimate interests, life and health of the person, ecological safety and protection of the surrounding environment;

7) body of licensing - the state body authorized by the law or the Cabinet of Ministers of Ukraine on implementation of licensing of economic activity;

8) material and technical resources - set of means and/or places of implementation of type of economic activity which give the chance to perform the economic activity which is subject to licensing;

9) the place of implementation of economic activity - the place (object, the room, the building, the parcel of land and/or the territory) on which (in which) the subject of managing performs economic activity or which is used in its implementation (can match with the location of the subject of managing);

10) licensed case - single set of documents electronically on electronic media of information (or electronically on electronic media of information and on papers if the applicant submitted the application and documents on papers) concerning the corresponding license applicant or the licensee, the provided to them, arriving in body of licensing from public authorities, legal entities, physical persons entrepreneurs or physical persons or accepted by body of licensing as a result of realization of the powers according to this Law;

11) the licensed register - the automated system of collection, accumulating and data processing about subjects of managing which in the procedure established by the law filed in body of licensing petition for receipt of the license perform activities based on the license which license is suspended which license is cancelled.

Article 2. Coverage of the Law and power of public authorities in the field of licensing

1. This Law governs the public relations in the field of licensing of types of economic activity, determines the exclusive list of the types of economic activity which are subject to licensing, establishes the unified procedure for their licensing, supervision and control in the field of licensing, responsibility for violation of the legislation in the field of licensing of types of economic activity.

2. Operation of this Law does not extend to licensing of the following types of economic activity:

1) No. 79-IX Is excluded according to the Law of Ukraine of 12.09.2019

2) the activities in the field of media performed according to the Law of Ukraine "About media";

3) production and trade in alcohol ethyl, the spirit distillates, bioethanol, alcoholic beverages, tobacco products, liquids used in electronic cigarettes and fuel, the fuel storage performed according to the Law of Ukraine "About state regulation of production and turnover of alcohol ethyl, spirit distillates, alcoholic beverages, tobacco products, liquids used in electronic cigarettes and fuel";

4) activities in the field of power industry, in the natural gas market, centralized water supply and centralized water disposal, production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks, deliveries of heat energy and other activities which licensing is performed by the National commission performing state regulation in spheres of power and utilities according to the law, and control in these spheres;

4-1) activities in the field of use of nuclear energy which is performed according to the Law of Ukraine "About allowing activities in the field of use of nuclear energy";

4-2) professional activity in the capital markets and the organized goods markets which licensing is performed by the National commission on securities and the stock market according to the law;

5) activities in the market of gamblings which are performed according to the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings".

3. Operation of this Law does not extend to licensing of banking activity, activities for provision of financial services and activities for implementation of transactions with cash which licensing performs the National Bank of Ukraine according to the law.

4. The company can perform types of economic activity, subject to licensing, from the date of entering of data into the licensed register on the decision of body of licensing on issue of the license to it.

5. Economic activity based on the license granted by body of licensing which is:

the central executive body, the state collegiate organ, - is performed in all territory of Ukraine;

The Council of Ministers of the Autonomous Republic of Crimea, - is performed in the territory of the Autonomous Republic of Crimea;

the local executive body, - is performed in the territory of the corresponding administrative and territorial unit.

6. Forming and the realization of state policy in the field of licensing in the procedure established by this Law are enabled:

The Cabinet of Ministers of Ukraine or other public authority in the cases established by the law - by adoption of regulatory legal acts in the field of licensing;

specially authorized body concerning licensing;

bodies of licensing.

Article 3. The principles of state policy in the field of licensing

1. State policy in the field of licensing is based on:

1) the principle of single state system of licensing which is implemented by way:

establishments of the single list of the types of economic activity which are subject to licensing it is exclusive this Law;

determinations of the exhaustive list of the documents enclosed to the application for receipt of the license proceeding from the minimum quantity of such documents sufficient only for confirmation of fulfillment of requirements of the corresponding licensed conditions;

determination by the Cabinet of Ministers of Ukraine of bodies of licensing, except state bodies which are determined by bodies of licensing by the law, the types of economic activity determined by article 7 of this Law;

2) the principle of territoriality according to which action of the license extends to the administrative territory of body of licensing which issued it;

3) principle of respecting the rule of law that:

introduction of licensing of type of economic activity is performed only by the law by introduction of amendments to article 7 of this Law;

the types of economic activity which are not specified in article 7 of this Law are not subject to licensing;

only the laws determine the bases for licensing, leaving of the statement for receipt of the license without consideration, refusal in licensing, renewals of the license, expansion and narrowing of implementation of type of economic activity by the licensee, suspensions, renewals of action of the license fully or partially, cancellations of the license fully or partially and terms of acceptance and entry into force of decisions of bodies of licensing

specific terms of implementation of each action of body of licensing, specially authorized body concerning licensing are established;

requirements of licensed conditions shall be unambiguous, transparent and exclude possibility of their subjective application by bodies of licensing or licensees;

powers of specially authorized body concerning licensing, Expert and appeal council on questions of licensing belong to the sphere of licensing of all types of economic activity, are determined only by this Law and cannot be limited to other laws;

liability of officials of bodies of licensing and specially authorized body concerning licensing and subjects of managing is imposed for violation of requirements of the regulatory legal acts regulating the sphere of licensing;

the requirement by bodies of licensing of provision of documents from the state paper or electronic information resources is forbidden;

4) the principle of priority of protection of the rights, legitimate interests, life and health of the person, the environment, protection of limited resources of the state and safety of the state who provides:

licensing is applied only to such type of economic activity which implementation poses threat of violation of the rights, legitimate interests of citizens, to life or health of the person, the environment and/or safety of the state, and only in case of insufficiency of other means of state regulation;

prevention of manifestations of corruption;

in case of modification of regulatory legal acts in the field of licensing, the term, sufficient for realization of these changes, but is supposed at least two months;

5) the principle of equal rights of subjects of managing which provides:

the free choice by the subject of managing of production of the type of the economic activity which is subject to licensing established by the law and the territories of the activities;

providing in case of receipt of the license of equal rights of subjects of managing irrespective of legal form or pattern of ownership if other is not established by the law;

establishment of single requirements of licensed conditions by determination of their compliance to risk levels from implementation of the corresponding type of economic activity;

avoidance of unreasonable encumbrances or excessive ministerial procedures;

will lock uses of licensing of types of economic activity for competition restriction;

6) the principle of openness of process of licensing which is provided in the way:

introduction of data on licensing of types of economic activity of subjects of managing of licensed registers;

timely promulgation of results of licensed activity by bodies of licensing on the official sites and drafts of regulatory legal acts - according to the procedure, provided by the Law of Ukraine "About access to public information";

ensuring availability of information in the field of licensing according to the law;

attraction on a parity basis representatives of profile public organizations, subjects of managing and/or their associations in decision making process by Expert and appeal council on questions of licensing.

2. The principles of state policy in the field of licensing extend much licensing of all types of economic activity which are subject to licensing.

Licensing of types of economic activity which do not correspond to the principles of state policy given in this Article is forbidden.

Article 4. Specially authorized body concerning licensing

1. Specially authorized body concerning licensing:

1) develops offers concerning enhancement of the legislation in the field of licensing;

2) generalizes practice of application of regulatory legal acts concerning licensing;

3) approves drafts of regulatory legal acts in the field of licensing (including projects of licensed conditions);

4) performs methodical management, information support of activities of bodies of licensing and determines form of the licensed report;

5) exercises supervision of observance by public authorities, the state collegiate organs of the legislation in the field of licensing;

6) is formed by Expert and appeal council on questions of licensing and provides its activities;

7) having the right to receive for the purposes of Expert and appeal council on questions of licensing from body of licensing of the copy of the documents concerning the decision made by it which is appealed in specially authorized body concerning licensing and to attract on a voluntary basis government employees, scientists and other specialists (with the consent of their heads) to receipt of consultations and conducting examination of documents in the field of licensing, and also to request and obtain information, documents or materials;

8) publishes orders according to the powers determined by this Law;

9) No. 139-IX is excluded according to the Law of Ukraine of 02.10.2019;

10) No. 139-IX is excluded according to the Law of Ukraine of 02.10.2019;

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