RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 26, 2016 No. 750

About approval of criteria by which the risk degree from implementation of economic activity in the sphere of mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of social policy by the Ministry is determined

According to article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Approve criteria by which the risk degree from implementation of economic activity in the sphere of mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of social policy by the Ministry which are applied is determined.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of November 19, 2008 No. 1013 "About approval of criteria by which the risk degree from implementation of economic activity on mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) is determined" (The Official Bulletin of Ukraine, 2008, No. 89, the Art. 2987).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 26, 2016 No. 750

Criteria by which the risk degree from implementation of economic activity in the sphere of mediation in employment abroad is estimated and frequency of holding planned actions of the state supervision (control) of social policy by the Ministry is determined

1. Criteria by which the risk degree from implementation of economic activity in the sphere of mediation in employment abroad is estimated are:

the actual number of persons employed abroad;

availability of reasonable complaints by results of which check the order about elimination of violations of licensed conditions is published;

the number of the violations revealed by results of check;

activities implementation term.

2. According to the established criteria subjects of managing treat one of three risk degrees: high, average or insignificant.

3. Subjects concern subjects of managing with high risk:

which within accounting year employed abroad up to 50 people;

concerning which within 12 last months arrived more than two reasonable appeals of physical persons or legal entities that as a result of violation by the licensee of requirements of licensed conditions material damage is caused to such person (persons) or its legitimate rights or interests by results of which check the order about elimination of violations of licensed conditions is issued are violated;

in which by results of the last check more than five violations are revealed;

which term of implementation of activities constitutes from three to five years.

4. Subjects concern subjects of managing with average risk degree:

which within accounting year employed abroad from 51 to 250 persons;

concerning which within 12 last months one reasonable appeal of physical person or legal entity that as a result of violation by the licensee of requirements of licensed conditions material damage is caused to such person (persons) arrived or its legitimate rights or interests by results of which check the order about elimination of violations of licensed conditions is issued are violated;

in which by results of the last check it is revealed from two before five violations;

which term of implementation of activities constitutes from one to three years.

5. The subjects which are not carried to subjects of managing with high and/or average risk degree concern to subjects of managing with insignificant risk degree.

6. If the subject of managing can be carried at the same time to two or more risk degrees, such subject belongs to more high risk.

7. Planned actions of the state supervision (control) of observance by subjects of managing of the legislation in the sphere of mediation in employment are abroad held by Minsotspolitiki with the following frequency:

with high risk - is not more often than once in two years;

with average risk degree - is not more often than once in three years;

with insignificant risk degree - is not more often than once in five years.

8. If by results of planned and unplanned actions of the state supervision (control) (in the presence) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing violations of requirements of the legislation in the sphere of mediation in employment abroad are not revealed, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

If from the date of adoption of such decision by results of unscheduled inspections violations by the subject of managing of requirements of the legislation in the respective sphere are revealed, the following planned event of the state supervision (control) concerning such subject of managing is held in the next planning period.

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