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LAW OF UKRAINE

of November 3, 2016 No. 1728-VIII

About temporary features of implementation of actions of the state supervision (control) in the field of economic activity

(as amended of the Law of Ukraine of 07.12.2017 No. 2246-VIII)

Article 1. In this Law the terms "state supervision (control)", "actions of the state supervision (control)", "state supervision bodies (control)" are used in the values given in the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity".

Article 2. Establish till December 31, 2018 the moratorium on carrying out by state supervision bodies (control) of planned actions for implementation of the state supervision (control) in the field of economic activity.

Article 3. Till December 31, 2018 unplanned actions of the state supervision (control) are performed by state supervision bodies (control):

1) on the basis provided by part two of this Article (under approval of the central executive body realizing the state regulatory policy, policy on issues of supervision (control) in the field of economic activity, licensing and authorization system in the field of economic activity and deregulation of economic activity (further the Public regulatory service);

2) according to the written application of the subject of managing in relevant organ of the state supervision (control) about implementation of action of the state supervision (control) at his desire;

3) by a court decision;

4) in case of approach of accident, the death of the victim owing to accident that was connected with activities of the subject of managing;

5) in case of approach of the event having considerable negative impact according to the criteria approved by the Cabinet of Ministers of Ukraine on the rights, legitimate interests, life and health of the person, environment protection and safety of the state;

6) for check of accomplishment by the subject of managing of instructions, orders or other administrative documents concerning elimination of violations of the requirements of the legislation issued by results of holding the previous action by state supervision body (control).

The unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights is held by state supervision body (control) under approval of the Public regulatory service.

For review the state supervision body (control) represents to the Public regulatory service the copy of the corresponding appeal of physical person and reasons for need of conducting check. The public regulatory service considers the submitted documents and provides approval or motivated refusal in provision of approval within five working days from the date of receipt of the relevant documents.

The form and procedure for provision of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights affirm the Public regulatory service.

Article 4. The public regulatory service shall promulgate prior to carrying out (control) of actions by state supervision bodies of the state supervision (control) on the official website approval on holding such actions. Holding unplanned action of the state supervision (control) without promulgation of approval of the Public regulatory service is forbidden.

Article 5. The subject of managing before holding unplanned action of the state supervision (control) gets acquainted with approval of the Public regulatory service on holding such action with provision to it the copy of the relevant document.

Subjects of managing have the right not to allow officials of state supervision body (control) for holding actions of the state supervision (control) if approval, the stipulated in Article 3 presents of the Law is not shown them.

Article 6. Operation of this Law does not extend to the relations arising when holding actions of supervision (control) by bodies which list is established by the Cabinet of Ministers of Ukraine.

Article 7. Final provisions

1. This Law becomes effective from the date of, its publication following behind day, and is effective till December 31, 2018 inclusive.

2. For the period of operation of the moratorium on implementation of actions of the state supervision (control) of subjects of managing to suspend:

the second offer of the paragraph of the fifth of part one of article 6 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2007, No. 29, Art. 389 with subsequent changes);

The law of Ukraine "About features of implementation of the state supervision (control) in the field of economic activity of rather physical persons entrepreneurs and legal entities applying simplified taxation system, accounting and the reporting" (Sheets of the Verkhovna Rada of Ukraine, 2012, No. 49, Art. 558; 2015, No. 11, Art. 75).

3. The first offer of paragraph one of Item 3 of the Section II "Final provisions" of the Law of Ukraine "About introduction of amendments to the Tax Code of Ukraine and some legal acts of Ukraine of rather tax reform" (2015, 55) to state sheets of the Verkhovna Rada of Ukraine to Art. No. No. 7-9, in the following edition:

"3. Determine that in 2015 and 2016 of check of the companies, organizations and organizations, physical persons entrepreneurs with income amount to 20 million hryvnias for the previous calendar year the Public fiscal service of Ukraine and its territorial authorities, the State financial inspection and its territorial authorities are performed only with the permission of the Cabinet of Ministers of Ukraine, according to the request of the subject of managing concerning its check, according to the judgment or requirements of the Criminal Procedure Code of Ukraine".

4. To the Cabinet of Ministers of Ukraine till July 1, 2018 to develop and approve the concept and the actions plan on reforming of system of the state supervision (control) for the purpose of implementation risk - the oriented approach to implementation of actions of the state supervision (control) in all spheres of economic activity.

5. To the public regulatory service in two weeks to approve form and procedure for provision of approval on holding unplanned action of the state supervision (control).

President of Ukraine

P. Poroshenko

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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