of March 16, 2016 No. 182
About approval of the Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing
According to part one of article 19 of the Law of Ukraine "About licensing of types of economic activity" the Cabinet of Ministers of Ukraine decides:
Approve the Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing which is applied.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 16, 2016 , No. 182
1. This Procedure determines the procedure of carrying out GRS as specially authorized body concerning licensing (further - authorized body) checks of observance by bodies of licensing of requirements of the legislation in the field of licensing (further - checks).
2. In this Procedure terms are used in the value given in the Law of Ukraine "About licensing of types of economic activity".
3. Checks of bodies of licensing can be planned or unplanned.
4. Scheduled inspections are carried out according to annual or quarter plans which affirm the order of authorized body till December 1 of the year previous planned or to the 25th day of the last month of the quarter preceding planned.
Scheduled inspection of the same body of licensing is carried out not more often than once a year.
Plans of conducting checks in the terms specified in paragraph one of this Item are posted on the official site of authorized body.
5. Unscheduled inspections are carried out in case of availability of the bases determined by part two of article 19 of the Law of Ukraine "About licensing of types of economic activity".
6. The authorized body issues the order on carrying out scheduled or unscheduled inspection (further - the order) in which it is specified:
1) the name of body of licensing which is subject to check;
2) check type (planned or unplanned), questions which are check subject, the basis for its carrying out, start and end date of check;
3) structure of the commission on conducting check (further - the commission) or surname, name and middle name of the official of authorized body who will perform (further - the official);
4) the period of activities of body of licensing which is subject to check (in case of conducting planned inspection).
7. The term of conducting planned inspection cannot exceed 15 working days, and unscheduled inspection - 10 working days.
8. When carrying out unscheduled inspection only those questions which became the basis for its carrying out are studied.
Unscheduled inspections can be carried out based on the order of the Cabinet of Ministers of Ukraine.
9. Based on the order the certificate on conducting check is drawn up (further - the certificate) (appendix 1) which is signed by the head of authorized body or its deputy and is certified by seal.
The certificate shall contain questions which are check subject, specified in the order.
The certificate are registered in register of certificates on conducting checks of bodies of licensing (appendix 2) which is conducted in paper and/or electronic type.
10. The authorized body sends to body of licensing the notification on conducting planned inspection not later than 10 days till its beginning.
The notification goes the registered mail at the expense of means of authorized body or by e-mail or is handed personally to the head of body of licensing or person authorized by it on receipt.
11. In case of carrying out unscheduled inspection the body of licensing is not notified.
12. Before conducting check the official determined by the order or the commission submits to the head of body of licensing or person authorized by it the copy of the certificate, shows the original of the certificate and official IDs of persons, it is entrusted to them to perform.
13. In case of non-admission to conducting check the official or the commission draws up the relevant statement in any form.
Non-admission to conducting check are:
failure to provide information on the written request of the official or commission at the scheduled time;
preventing to entry into service premises of body of licensing.
The head of body of licensing or person authorized by it can not allow the official or the commission to conducting check if:
it is performed with violation of the requirements concerning frequency of its carrying out provided by this Procedure;
the official or the commission did not provide copies of the documents provided by this Procedure, or documents do not conform to requirements of this Procedure.
14. When conducting planned inspection the official or the commission studies questions:
1) forming and conducting licensed cases;
2) ensuring availability of information in the field of licensing;
3) transfers of data in the Unified licensed register, after entry into force of regulations on entering into the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of information on licensing and the edition the Cabinet of Ministers of Ukraine of the act of the termination of maintaining the Unified licensed register - timeliness of entering into the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of data on the decision of body of licensing on issue of licenses to them;
4) representation of annual licensed reports to authorized body;
5) procedure for acceptance and registration of licensing of decisions by body in the field of licensing;
6) delegations of licensing by body to its territorial subdivisions of powers of body of licensing;
7) procedure for reception of applications on receipt of the license and the bases for their leaving without consideration;
8) procedure for consideration of the applications about receipt of the license, refusal in licensing, renewal of the license;
9) procedure for consideration of the applications about narrowing or expansion of production by the licensee of type of the economic activity which is subject to licensing;
10) notifications of license applicants about accepted by body of licensing the decision in the field of licensing;
11) elimination of licensing of violations of the requirements of the legislation by body in the field of licensing revealed by authorized body when conducting the previous check;
12) implementation by body of licensing of control of observance by licensees of requirements of licensed conditions;
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