RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 16, 2017 No. 153

About approval of criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Economic Development and Trade is determined

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

1. Approve criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Economic Development and Trade, according to appendix is determined.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of January 21, 2009 No. 25 "About approval of criteria by which the risk degree from implementation of economic activity in the tourist sphere is estimated and frequency of holding planned actions of the state supervision (control) is determined" (The Official Bulletin of Ukraine, 2009, No. 5, the Art. 129).

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of March 16, 2017 No. 153

Criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Economic Development and Trade is determined

1. Criteria by which the risk degree from implementation of the tour operator activities which are subject to licensing is estimated are:

duration of implementation of tour operator activities;

amount of the provided tourist services (the number of tourists who used services of tour operators);

availability of violations of licensed conditions of implementation of tour operator activities.

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

3. With high risk concern subjects which to subjects of managing:

1) less than two years perform tour operator activities;

2) within year 50 thousand and more tourists provide tourist services;

3) within the last two years previous planned, but at least by results of two last actions of the state supervision (control) was allowed by violations of licensed conditions of implementation of tour operator activities.

4. With average risk degree concern subjects which to subjects of managing:

1) perform tour operator activities from two to four years;

2) within year provide tourist services from 20 thousand to 50 thousand tourists;

3) within the last three years previous planned, but at least by results of two last actions of the state supervision (control) was allowed by violations of licensed conditions of implementation of tour operator activities.

5. With insignificant risk degree concern subjects which to subjects of managing:

1) more than four years perform tour operator activities;

2) within year less than 20 thousand tourists provide tourist services.

6. Planned actions of the state supervision (control) of observance by subjects of managing of licensed conditions of implementation of tour operator activities are performed by the Ministry of Economic Development 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.

7. 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 licensed conditions of implementation of tour operator activities 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 performed in the next planning period.

8. 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 from to what it can be carried.

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