LAW OF UKRAINE

of June 1, 2000 No. 1775-III

About licensing of certain types of economic activity

This Law determines the types of economic activity which are subject to licensing, procedure for their licensing, establishes the state control in the field of licensing, responsibility of subjects of managing and bodies of licensing for violation of the law in the field of licensing.

Article 1. Determination of terms

In this Law terms are used in the following value:

cancellation of the license - deprivation of the licensee by body of licensing of the right to implementation of certain type of economic activity;

production (production) - the activities connected with production, including all stages of engineering procedure, and also sales of products of own production;

economic activity - any activities, including entrepreneurial, legal entities, and also physical litspredprinimatel, connected with production (production) of products, trade, rendering services, performance of works;

the licensee - the subject of managing who obtained the license for implementation of the certain type of economic activity which is subject to licensing;

the license - the document of the state sample certifying the right of the licensee to implementation of the type of economic activity specified in it during certain term in case of its establishment by the Cabinet of Ministers of Ukraine on condition of accomplishment of licensed conditions;

licensed conditions - the exhaustive list of the organizational, qualification and other special requirements obligatory established taking into account requirements of the laws for accomplishment when implementing the types of economic activity which are subject to licensing;

licensing - issue, renewal and cancellation of licenses, issue of duplicates of licenses, conducting licensed cases and licensed registers, control of observance by licensees of licensed conditions, the edition of orders about elimination of violations of licensed conditions, and also orders about elimination of violations of the law in the field of licensing;

the venue the physical person - the entrepreneur of the economic activity which is subject to licensing - the territory, rooms which meet the requirements of licensed conditions and belong to the physical person - the entrepreneur on the property right and/or uses;

body of licensing - the executive body determined by the Cabinet of Ministers of Ukraine, authorized by the law the state collegiate organ, specially authorized executive body of councils for licensing of certain types of economic activity;

payment for the license - one-time payment which is made by the subject of managing for receipt of the license;

further violation - making by the licensee during effective period of the license of further violation of certain licensed conditions after application of sanctions for similar violation;

the order about elimination of violations licensed usloviyresheniye of body of licensing about need of elimination by the licensee at the scheduled time of violations of licensed conditions;

the order about elimination of violations of the law in the field of licensing - the decision of specially authorized body concerning licensing about need of elimination by body of licensing at the scheduled time of violations of the law in the field of licensing;

the subject of managing - the legal entity irrespective of its form of business and pattern of ownership performing economic activity registered in the procedure established by the legislation, except public authorities and local government bodies, and also physical litsopredprinimatel and also the investor, including the foreign, being the agreement party about distribution of products according to the Law of Ukraine "About agreements on distribution of products", his contractor, subcontractor, the supplier and other partner performing the works provided by the agreement on distribution of products based on agreements with the investor;

trade - any transactions which are performed according to purchase and sale agreements, exchanges, deliveries and to other civil agreements providing assignment of rights of property on goods.

Article 2. Law coverage

Operation of this Law extends to all subjects of housekeeping.

The types of economic activity which are not provided in article 9 of this Law are not subject to licensing.

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

The basic principles of state policy in the field of licensing are:

ensuring equal rights, legitimate interests of all subjects of managing;

protection of the rights, legitimate interests, life and health of citizens, protection of the surrounding environment and safety of the state;

establishment of single procedure for licensing of types of economic activity in the territory of Ukraine and determination of its features for the separate types of economic activity caused by specifics of their production in the laws governing the relations in the respective sphere except the cases provided by part one of article 9 of this Law;

establishment of the single list of the types of economic activity which are subject to licensing;

implementation of licensing of separate type of economic activity in case of insufficiency of other means of state regulation of economic activity determined by the relevant law.

Licensing cannot be used for restriction of the competition in implementation of economic activity.

The license is the single document of allowing nature granting the right to occupation certain type of economic activity which according to the legislation is subject to restriction.

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