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Ministry of Justice of Ukraine

July 15, 2015

No. 847/27292

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE AND PUBLIC REGULATORY SERVICE OF UKRAINE

of July 14, 2015 No. 783/40

About approval of Regulations of Expert and appeal council on questions of licensing

According to part one of article 5 of the Law of Ukraine "About licensing of types of economic activity" PRIKAZYVAYEM:

1. Approve Regulations of Expert and appeal council on questions of licensing which are attached.

2. To legal department of the Ministry of Economic Development and Trade of Ukraine (Perevezentsev A. Yu.) provide in accordance with the established procedure provision of this order on state registration in the Ministry of Justice of Ukraine.

3. We reserve control over the implementation of this order.

4. This order becomes effective from the date of its official publication.

Acting minister of economic development and trade of Ukraine

Yu. Kuznetsov

Chairman of the Public regulatory service of Ukraine

K. Lyapina

 

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine and the Public regulatory service of Ukraine of July 14, 2015, No. 783/40

Regulations of Expert and appeal council on questions of licensing

I. General provisions

1. These Regulations are developed according to the Law of Ukraine "About licensing of types of economic activity" (further - the Law).

2. The public regulatory service of Ukraine forms Expert and appeal council on questions of licensing and provides its activities.

3. The regulations establish procedure for preparation and holding meetings of Expert and appeal council on questions of licensing (further - Council), preparation and registration of materials to them and by their results with participation of employees of the relevant structural divisions of the Public regulatory service of Ukraine (GRS), members of council in Rada's work.

II. Organizational bases of activities of expert and appeal council on questions of licensing

1. Council is permanent collegiate organ under specially authorized body concerning licensing and is effective according to these Regulations.

2. Powers of Council extend to the sphere of licensing of all types of economic activity, are determined only by the Law and cannot be limited to other laws.

3. Council is headed by the chairman who on position is the head of specially authorized body concerning licensing.

The chairman of the board has the first deputy and the deputy. In case of absence of the chairman of its obligation the first deputy, and in case of absence of the first deputy - the vice-chairman performs.

The first deputy chairman is appointed from representatives of the public, scientists, the companies or their associations by results of election as members of Expert and appeal council on questions of licensing. The vice-chairman is appointed the chairman of the board from among government employees.

4. The structure of Council is created according to offers of public organizations, subjects of managing and their associations, officials of bodies of licensing and scientific institutions and affirms specially authorized body concerning licensing.

Representatives of public organizations, subjects of managing, their associations and scientists are attracted in structure of Council in number of at least fifty percent of its structure.

5. Changes are made by the order of specially authorized body concerning licensing to structure of Council about what appears presiding over the regular meeting of Council.

6. From among members of council the secretary of Council is appointed the chairman.

7. The rights and obligations of Council are determined by the Law.

III. Preparation for holding meeting of council

1. Form of work of Council are meetings which are held as required, but at least once a month, and are competent in case of presence at least a half of members of council.

2. In case of receipt of the appeal in specially authorized body concerning licensing it is registered the relevant structural division of GRS and arrives directly in the department responsible for ensuring activities of Expert and appeal council (further - department). The official of department within three working days from the date of receipt of the appeal by it:

notifies the license applicant or the licensee and body of licensing on adoption of the appeal to consideration;

invites the corresponding license applicant or the licensee and body of licensing to participation in meeting of Council;

requests in body of licensing of the copy (photocopy) of the documents concerning adoption of the appealed decision;

transfers the statement (claim), the draft of the regulatory legal act and other documents (in process of receipt) to Council.

3. Appeals are considered at meeting of Council in time, not exceeding ten calendar days from the date of obtaining from body of licensing of required documents according to the appealed decision.

4. In case of non-presentation of licensing of required documents by body at the scheduled time Council considers the appeal in essence or can postpone consideration of this appeal with reasons for the reasons of adjournment of consideration of such case.

5. In case of insufficient justification in the materials provided by body of licensing in it the additional documents concerning acceptance by body of licensing of the appealed decision can be requested. For the purpose of operational processing the corresponding requests can be transmitted through telecommunication means.

6. The appeal submitted with exceeding of the term of entry into force of the decision of relevant organ of licensing established by the Law is not considered by Rada.

7. In case of receipt in Council of appeals of bodies of licensing / or specially authorized body concerning licensing about carrying out unscheduled inspections of observance by licensees of requirements of licensed conditions on the bases provided by Items 2, 4 and 5 parts nine of article 19 of the Law, such addresses are registered the relevant structural division of GRS and arrive directly in department. Such addresses are processed by department and introduced in the agenda of meeting of Council which will take place in the nearest future.

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