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Ministry of Justice of Ukraine

April 19, 2017

No. 514/30382

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of March 24, 2017 No. 442

About approval of the Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature and recognition No. 1064 which voided the order of the Ministry of Economic Development and Trade of Ukraine of September 3, 2013

(as amended of the Order of the Ministry of Economics of Ukraine of 23.11.2021 No. 949)

According to article 9-1 of the Law of Ukraine "About authorization system in the field of economic activity", Item 9 of the Regulations on the Ministry of Economic Development and Trade of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459, I order:

1. Approve the Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature which is applied.

2. Declare invalid the order of the Ministry of Economic Development and Trade of Ukraine of September 3, 2013 No. 1064 "About approval of the Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature", registered in the Ministry of Justice of Ukraine on September 25, 2013 for No. 1651/24183.

3. To submit to development department of entrepreneurship and regulatory policy (Gutenko D. V.) this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the First Deputy Minister of Economic Development and Trade of Ukraine Nefedov M. E.

First vice-Prime Minister of Ukraine Minister of Economic Development and Trade of Ukraine

S.I.Kubov

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of March 24, 2017, No. 442

Procedure of control of observance of requirements of the legislation concerning issue of documents of allowing nature

1. This Procedure determines the procedure of implementation by the Public regulatory service of Ukraine (further - GRS) as specially authorized body concerning authorization system in the field of economic activity of control of observance by allowing bodies (their officials) of requirements of the legislation concerning issue of documents of allowing nature and established procedure of their issue.

2. In this Procedure terms are used in the value given in the Law of Ukraine "About authorization system in the field of economic activity".

3. Control of observance by allowing bodies (their officials) of requirements of the legislation concerning issue of documents of allowing nature and established procedure of their issue is performed by carrying out scheduled and unscheduled inspections.

4. In conducting check of GRS representatives of executive bodies, local government bodies (their executive bodies), organizations and the organizations in coordination with their heads can be recruited.

5. Scheduled inspections are carried out according to the annual plan which affirms the order of Ministry of Economics till December 01 of the year preceding planned.

Scheduled inspections of allowing body (his official) for observance of procedure for issue of each separate document of allowing nature (its type) are 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 sites of Ministry of Economics and GRS.

6. The term of carrying out scheduled or unscheduled inspection cannot exceed five working days.

7. Unscheduled inspections are carried out in case of availability of the bases determined by part two of article 9-1 of the Law of Ukraine "About authorization system in the field of economic activity".

8. GRS issues the order on carrying out scheduled or unscheduled inspection (further the order) in which are specified:

the name of allowing body (his official), which activities (which) it is checked;

check type (planned or unplanned), bases for its carrying out;

the questions which are check subject;

start and end dates of check;

structure of the commission on conducting check (further - the commission) with indication of positions, surnames, names and middle names of the chairman and members of the commission;

the period of activities of allowing body (his official) which is subject to check (in case of conducting planned inspection).

9. Based on the order the certificate on conducting check is drawn up (further - the certificate) (appendix 1) which is signed by the Chairman of GRS or its deputy and is certified by seal.

The certificate shall contain questions which are check subject, specified in the order.

The certificate is registered in register of certificates on conducting checks (appendix 2) which is conducted in paper and/or electronic type.

10. GRS sends to allowing body the notification on conducting planned inspection not later than 10 working days till its beginning.

The notification goes GRS the mailing or by e-mail or is handed personally to the head of allowing body or the official authorized by it on receipt.

11. In case of carrying out unscheduled inspection the allowing body is not notified in advance.

12. Before conducting check the commission submits to the head of allowing body or the official authorized by it the copy of the certificate, shows the original of the certificate and official IDs of faces included in structure of the commission.

13. In case of non-admission to conducting check 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 commission at the scheduled time;

preventing to entry into service premises of allowing body.

The head of allowing body or the official authorized by it can not allow the commission to conducting check if:

it is performed with violation of the requirements concerning frequency of its carrying out established by this Procedure;

the commission did not provide copies of the documents determined by this Procedure, or documents do not conform to requirements of this Procedure.

14. When conducting planned inspection of allowing body (his official) for observance of procedure for issue of each separate document of allowing nature (its type) the commission checks:

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