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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 24, 2017 No. 361

Some questions of conducting checks of state supervision bodies (control)

According to article 9-1 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 enclosed:

Procedure for conducting checks of observance (control) of requirements of the Law of Ukraine by state supervision bodies "About the basic principles of the state supervision (control) in the field of economic activity" regarding implementation of the state supervision (control) in the field of economic activity;

Procedure for introduction of submissions to state supervision bodies (control) on elimination of violations of requirements of the Law of Ukraine by them "About the basic principles of the state supervision (control) in the field of economic activity".

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of November 4, 2015 No. 902 "Some questions of holding actions of the state supervision (control) in the field of economic activity" (The Official Bulletin of Ukraine, 2015, No. 90, the Art. 3035).

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 24, 2017, No. 361

Procedure for conducting checks of observance (control) of requirements of the Law of Ukraine by state supervision bodies "About the basic principles of the state supervision (control) in the field of economic activity" regarding implementation of the state supervision (control) in the field of economic activity

1. This Procedure determines the procedure of carrying out GRS of checks of observance (control) of requirements of the Law of Ukraine by state supervision bodies "About the basic principles of the state supervision (control) in the field of economic activity" regarding implementation of the state supervision (control) in the field of economic activity.

2. In this Procedure terms are used in the value given in the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" (further - the Law).

3. Carrying out GRS of checks of observance by bodies of licensing of requirements of the legislation in case of control of observance by licensees of requirements of licensed conditions is performed according to Procedure for carrying out by specially authorized body concerning licensing of scheduled and unscheduled inspections of observance by bodies of licensing of requirements of the legislation in the field of licensing approved by the resolution of the Cabinet of Ministers of Ukraine of March 16, 2016 No. 182 (The Official Bulletin of Ukraine, 2016, No. 23, the Art. 916).

4. Checks of state supervision bodies (control) can be planned or unplanned.

5. Scheduled inspections are carried out according to annual or quarter plans which affirm the order GRS no later than December 1 of the year previous planned or to the 25th day of the last month of the quarter preceding planned.

Scheduled inspection of the same state supervision body (control) is 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 site of GRS.

6. Unscheduled inspections of state supervision body (control) are carried out on the following bases:

the written notice of public authorities, local government bodies, by a court decision about violation (control) of requirements of the Law by state supervision body;

the address of the subject of managing concerning violation by state supervision body (control) of requirements of the Law on carrying out for such subject of actions of the state supervision (control);

detection by responsible officials of GRS of the facts of not introduction or introduction of false information, introduction of data not in full on measures of the state supervision (control) in the integrated automated system of the state supervision (control) in case of information analysis entered by state supervision bodies (control) into this system;

check of accomplishment by state supervision body (control) of idea of elimination of violations of requirements of the Law;

at the request of the Prime Minister of Ukraine.

When carrying out unscheduled inspection only those questions which need of check became the basis for implementation of this action, with obligatory specifying of such questions in the certificate on conducting check become clear.

7. GRS issues the order on carrying out scheduled or unscheduled inspection (further the order) in which it is specified:

the name of state supervision body (control) which will be checked;

action type (planned or unplanned), questions which are check subject, the basis for its carrying out, start and end date of check;

the period of activities of state supervision body (control) which is subject to check (in case of conducting planned inspection);

structure of the commission on conducting check (further - the commission).

8. The term of carrying out scheduled or unscheduled inspection cannot exceed 10 working days.

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

10. GRS sends to state supervision body (control) the notification on conducting planned inspection not later than 10 days till its beginning.

The notification goes the registered mail and/or by means of electronic mail service or is handed personally to the head of state supervision body (control) or person authorized by it on receipt.

11. In case of carrying out unscheduled inspection the state supervision body (control) is not notified.

12. Before conducting check the commission determined by the order submits to the head of state supervision body (control) or person authorized by it the copy of the certificate, shows the original of the certificate and official IDs of persons, it is entrusted to them to perform.

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 state supervision body (control).

The head of state supervision body (control) or person authorized by it can not allow the commission to conducting check if:

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

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

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