ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of April 12, 2017 No. 209

About approval of the Regulations on Head department of Public service of Ukraine on safety issues of foodstuff and consumer protections in the area, in the city of Kiev

According to article 21 of the Law of Ukraine "About the central executive bodies", I order to Item 7 of the Regulations on Public service of Ukraine on safety issues of foodstuff and consumer protections approved by the resolution of the Cabinet of Ministers of Ukraine of September 2, 2015 No. 667, to Item 8 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 No. 1119,:

1. Approve Regulations on Head department of Public service of Ukraine on safety issues of foodstuff and consumer protections in the area, in the city of Kiev which is applied.

2. And consumer protections to provide to public service of Ukraine on safety issues of foodstuff development and approval of provisions on each separate territorial authority.

3. To provide to department of livestock production submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

4. Declare invalid the order of the Ministry of Agricultural Policy and Food of Ukraine of February 15, 2016 No. 45 "About approval of regulations on territorial authorities of Public service of Ukraine on safety issues of foodstuff and consumer protections", registered in the Ministry of Justice of Ukraine on March 11, 2016 for No. 365/28495.

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

6. To impose control of execution of the order on the First Deputy Minister M. Martynyuk.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of April 12, 2017 No. 209

Regulations on Head department of Public service of Ukraine on safety issues of foodstuff and consumer protections in the area, in the city of Kiev

1. The head department of Public service of Ukraine on safety issues of foodstuff and consumer protections in the area, in the city of Kiev (further - Head department) is territorial authority of Gosprodpotrebsluzhby and is subordinated to it.

The organizations and the organizations relating to the sphere of management of Gosprodpotrebsluzhby submit to head department and are located in the territory of the corresponding administrative and territorial unit.

The chairman of the relevant local public administration coordinates activities of Head department and promotes it in accomplishment of the tasks assigned to this body.

Powers of Head department extend to the territory of the respective area, city of Kiev.

2. The head department in the activities is guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, orders of the Prime Minister of Ukraine, orders of the ministries, orders of the Minister of development of economy, trade and agricultural industry of Ukraine, his first deputy and deputies, Gosprodpotrebsluzhby's orders, orders of the Chairman Gosprodpotrebsluzhby and his deputies, acts of local public administrations, local government bodies, and also this Provision.

3. Task of Head department is realization of powers of Gosprodpotrebsluzhby in the territory of the corresponding administrative and territorial unit.

4. The head department according to the tasks assigned to it provides realization of state policy, namely:

1) in the field of veterinary medicine and safety of foodstuff:

provides implementation of the state veterinary sanitary inspection (control), the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, behind protection of the territory of Ukraine from entering of causative agents of especially dangerous diseases included in the list of the International epizootic bureau (further - MEB), from the territories of other states or quarantine zones;

exercises the state supervision (control) for:

compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, including when importing (transfer) to customs area of Ukraine;

other objects of the sanitary actions connected with animal products, reproductive material, breeding case in livestock production, biological products, pathological material, veterinary medicines, substances, feed additives, premixes and sterns, means of veterinary medicine, conditioning agents for animals and the accompanying objects, strains of microorganisms, and also capacities used for their production, conversion, storage and the address including when importing (transfer) to customs area of Ukraine;

activities of the subjects of managing performing production, transportation, storage, realization of organic products (raw materials);

conducting veterinary and sanitary examination on capacities which are used for production and/or the address of animals, foodstuff, and also in the agrofood markets and at the venue of fairs;

safety of foodstuff in the course of their production and/or the address for the purpose of their export and import, and also issue of international certificates (veterinary, sanitary, clean bills of health), and for the states of the CIS of veterinary certificates in the cases determined by the legislation;

movement of animals, foodstuff and other objects of the sanitary actions connected with animal products, reproductive material, biological products, pathological material, veterinary medicines, substances, feed additives, premixes and forages, means of veterinary medicine, conditioning agents for animals and the accompanying objects, strains of microorganisms;

the organization of work on collection, utilization and extermination of the dead of the animals and by-products of animal origin which are not intended for consumption by the person;

implementation of antiepizootic actions by the legal entities and physical persons performing professional activity in the field of veterinary medicine;

compliance with law on identification and registration of animals;

carrying out by subjects of managing of disinfection, disinsection and deratization on the capacities used for production, conversion, storage and the address of animals, foodstuff, reproductive material, veterinary medicines, substances, feed additives, premixes and forages, and also means used for their transportation;

implementation of the permanent procedures based on the principles of analysis system of dangerous factors and control in critical points (HACCP);

will organize protection of the population against diseases, general for animals and people;

promotes accomplishment of nation-wide programs in the field of veterinary medicine, including to carrying out monitoring of residual amount of veterinary medicines and pollutants in live animals, animal products and sterns;

will organize implementation of actions for carrying out disinfection, disinsection and deratization on the capacities used for production, conversion, storage and the address of foodstuff animal, reproductive material, veterinary medicines, substances, feed additives, premixes and forages, means of veterinary medicine, conditioning agents for animals and the accompanying objects, strains of microorganisms, and also means used for their transportation;

analyzes the reasons and conditions of origin and spread of diseases of animals, will organize actions for localization and liquidation of outbreak of infectious diseases, general for animals and people, prepares offers and recommendations about prevention, liquidation and fight against such diseases;

coordinates activities of specialists of veterinary medicine irrespective of their subordination;

exercises the state control of cultivation and content of farm animals for prevention of ill treatment of them;

issues to bodies of insurance of the conclusion about causes of illness by force the killed who died or the destroyed animals;

provides in the cases provided by the law, timely establishment of quarantine in case of especially dangerous diseases included in the MEB list or other diseases which are subject to the notification, holding quarantine and other veterinary and sanitary actions in the infected and buffer zones, observation zone;

coordinates activities of organizations of veterinary medicine for the organization and conducting the state veterinary and sanitary examination of foodstuff, inedible animal products, reproductive material, biological products, feed additives, premixes and forages, provides holding veterinary and sanitary actions for check of safety of foodstuff;

sets restrictions or prohibition on turnover of objects of the state control which can transfer especially dangerous diseases included in the MEB list, or other diseases, subject to the notification, from the certain states or quarantine zones in case of confirmation of the fact of outbreak of such diseases;

carries out expertize and approval of site plannings and construction of livestock farms, capacities performing slaughter of animal, processing enterprises, companies for production of veterinary medicines, the markets; participates in withdrawal of the parcels of land for all types of the specified construction and intake of water for animals;

will organize carrying out monitoring of the forages, feed additives and veterinary medicines received with use of GMO, by criterion of availability in them the registered GMOs of sources;

approves plans of annual state control, plans of the state monitoring and plans of antiepizootic actions according to the law;

prepares materials on entering of information into the corresponding registers of capacities (objects);

prepares offers on amount of necessary veterinary medicines for accomplishment of obligatory (planned) or forced antiepizootic actions;

exercises veterinary sanitary inspection behind work of authorized doctors on accomplishment of veterinary and sanitary actions;

2) in the field of the state supervision of observance of the sanitary legislation:

realizes state policy in the field of the sanitary legislation, sanitary and epidemic wellbeing of the population (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and in the field of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers), the prevention and reduction of the use of tobacco products and their adverse effect on health of the population;

exercises the state sanitary and epidemiological surveillance (control) for:

observance of the sanitary legislation;

biological products, pathological material;

observance by the companies, organizations, organizations of all patterns of ownership and citizens of the state sanitary standards and rules, hygienic standard rates and regulations of safe production, transportation, storage, use of pesticides and agrochemicals, on content of residual amount of pesticides and agrochemicals in the imported officinal herbs, water objects, the water used for economic supply, bathing, sports occupations, organized rest and with the medical purpose, therapeutic muds, soils on lands of settlements, improving and recreational appointment;

also carries out by observance of indicators of content of unhealthy substances of the person and ingredients in the tobacco products realized in the territory of Ukraine monitoring of efficiency of the undertaken measures for the prevention and reduction of the use of tobacco products and their adverse effect on health of the population;

provides and performs holding preventive and anti-epidemic actions for protection within competence of the territory of Ukraine from penetration of diseases of people, exercises the state sanitary and epidemiologic goods control, moved through customs border of Ukraine;

performs sanitary actions for protection of the territory of Ukraine by carrying out the state sanitary and epidemiological surveillance (control) of observance of the sanitary legislation, medical and sanitary control (examination) for the purpose of prevention of entrance on the territory of Ukraine of vehicles, cargo importation, goods and other objects, including medicines, biological, chemical and radioactive materials, and also materials and waste which can create danger to life and health of the population (except the actions connected with implementation of medical and sanitary observation (epidemiological surveillance (observation)) and except accomplishment of functions on implementation of radiation control of workplaces and doses of radiation of workers);

performs stipulated by the legislation measures for the termination of violation of the sanitary legislation;

exercises control of factors of the habitat of the person which exert adverse effect on health of the population within competence;

will organize carrying out the corresponding researches (testing) for the purposes of the state control;

submits in accordance with the established procedure proposals on restriction or prohibition of entrance on the territory of Ukraine of her citizens, foreigners and stateless persons, export, import, transit of loads and goods from the states or regions in connection with unsuccessful epidemic situation in their territory;

provides conducting the state sanitary and epidemiologic examination;

exercises control of elimination of the reasons and conditions of origin and spread of infectious, mass noninfectious diseases, poisonings and radiation defeats of people within competence;

develops and performs the sanitary actions concerning narrow (certain) group of people or cases, stipulated by the legislation, in particular concerning restriction, prohibition, suspension of operations, the use according to the law of other response measures including restriction or prohibition of import (transfer) on customs area of Ukraine, transportation through customs area of Ukraine (transit) of biological products, pathological material;

participates in realization of scientific and technical, technological and innovative policy, implementation in production of scientific and technical achievements and the best practices on prevention of diseases of the person, and also factors of the habitat of the person, realization of state policy in other certain spheres;

participates in development of sanitary, anti-epidemic (preventive) actions, requirements for separate indicators of quality of foodstuff, forages, technical regulations and standards;

participates in determination of factors which can make harmful effects on health of the person, in evaluating risk and establishment of degree of the risk created by them;

participates in conducting the sanitary and epidemiologic investigations directed to identification of the reasons and conditions leading to origin and spread of infectious diseases including through foodstuff, group and individual food poisonings, mass noninfectious diseases (poisonings) and radiation defeats, cases of violation of regulations of radiation safety, health regulations of work with radioactive materials, other sources of ionizing radiation and takes measures for their elimination according to the legislation;

performs according to the legislation monitoring of the reasons and the number of appeals of physical persons and legal entities on observance of the sanitary legislation and cases of damnification to human health owing to consumption of products (use of them) and impacts of dangerous factors of the habitat of the person;

participates and holds the events directed to increase in level of hygienic knowledge of workers, including, that which are subject to obligatory medical examinations, and also that which bear in production, service industry, other industries exposure hazard of dangerous factors;

3) in spheres of quarantine and protection of plants:

performs phytosanitary measures within the powers;

takes measures for protection of the territory of Ukraine from entering of regulated harmful organisms;

takes measures for identification, localization and liquidation of regulated harmful organisms;

takes measures for prevention of penetration of regulated harmful organisms into zones, free from such regulated harmful organisms in the territory of Ukraine;

will organize implementation ecologically safe for the person and the environment of methods and measures for protection of plants;

performs:

state control and supervision, inspection and monitoring of the corresponding territory, subjects to regulation;

supervision of development, distribution and injuriousness of harmful organisms and development together with research establishments of forecasts of development and distribution of harmful organisms;

informing on availability and development of wreckers, diseases and weeds, progress in protection of plants;

checks of observance by the companies, organizations, organizations of requirements of the legislation for protection of the woods against harmful organisms, respect for technologies and regulations of application of remedies of plants;

the state control for:

observance of the quarantine mode and holding phytosanitary actions for quarantine of plants in case of cultivation, procurement, export, import, transportation, storage, conversion, realization and use of subjects to regulation;

use of biological control organisms;

accomplishment of phytosanitary measures;

turnover of pesticides and agrochemicals;

compliance to the quality requirements of remedies of plants, including pesticides established by the legislation which are delivered to Ukraine, and also behind observance of regulations of their application;

availability of the admission (certificate) at persons whose activities are directly connected with transportation, storage, application and trade in remedies of plants, and also employees of the companies, organizations and organizations of all patterns of ownership, the physical persons entrepreneurs organizing accomplishment of such works;

observance of regulations of storage, transportation, trade and application of remedies of plants;

carrying out by the companies, organizations, organizations of all patterns of ownership and citizens of supervision of phytosanitary condition of plants of agricultural and other purpose, long-term and forest plantings, trees, bushes, vegetation of the closed soil, storage locations and conversion of products of plant origin, and also protection them from harmful organisms, respect for technologies and regulations of application and trade in remedies of plants;

content of residual amount of pesticides, agrochemicals and heavy metals in the surface water intended for agricultural needs, the soil on lands of agricultural purpose;

holding preventive and destructive actions for pest control in storage locations of product inventories of plant origin;

observance of requirements of the legislation for ensuring proper quality and safety of remedies of plants (pesticides and agrochemicals), including active ingredients;

activities of nurseries, state nurseries, greenhouses and greenhouses which activities are connected with turnover of plants;

carries out ecological and economic case of feasibility of protection of plants against harmful organisms;

will organize and exercises the state control of timely carrying out by the companies, organizations, the organizations of all patterns of ownership and citizens of actions for protection of plants, observance of regulations of application of remedies of plants, content in agricultural products and raw materials of plant origin of residual amount of pesticides, agrochemicals and heavy metals;

distributes among citizens information in the field of quarantine and protection of plants;

brings submission to relevant organs of the executive authority about introduction and cancellation of the quarantine mode or specific mode of protection of plants;

conducts balance of needs for remedies of plants on assortment and amounts of their production in Ukraine and purchases on import;

coordinates activities of the state phytosanitary inspectors;

promotes permanent training and advanced training of the state phytosanitary inspectors;

4) in the field of seed farming:

exercises supervision (control) for:

activities of subjects of all patterns of ownership and managing in the field of seed farming (including forest, flower and decorative seed farming and cultivation of seedling, seed farming of potatoes, vegetable, melon, fruit and nuciferous crops and seedling of fruit, berry, nuciferous crops, grapes and hop), gardening and forest plantings which are engaged in production, procurement, processing, reproduction, storage, realization and use of seeds and landing material of plants, and also under the terms of cultivation of landing material, in procurement, processing, reproduction, storage, realization and use of seeds and landing material; observance of the production technology at stages of cultivation, collection and postharvest processing of seeds and landing material;

respect for high-quality and sowing qualities of seeds which are implemented by subjects of wholesale and retail trade;

observance by subjects of seed farming of state standards, other regulating documents, maintaining documentation of high-quality crops and plantings, sites of hybridization of seeds and landing material, the correct sampling and selections for determination of qualities of seeds and landing material, document creation on sowing and high-quality qualities of seeds and landing material, with introduction of seeds and landing material in turnover;

certification of seeds and landing material;

observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems at the companies, in organizations and the organizations of agro-industrial complex irrespective of their subordination and patterns of ownership;

5) in the field of protection of the rights to plant varieties exercises the state supervision (control) for:

observance by legal entities and physical persons of requirements of the legislation for protection of the rights to plant varieties in the field of production, use, storage, realization and reproduction of plant varieties;

safety of plant varieties;

conducting primary seed farming by owners of property rights of intellectual property and subholders of plant varieties;

conducting examination of the request for plant varieties;

import to Ukraine of landing material (seeds) of the unregistered plant varieties in Ukraine;

respect for personal non-property copyright on grade, property right of the owner of grade, the right of prezhdepolzovaniye and the right in case of recovery of the rights to grade, the rights to distribution of grade in Ukraine.

6) in the field of control of quality of grain and products of its conversion:

exercises the state control of observance by grain warehouses of regulations of storage of grain and products of its conversion in the course of storage of grain and products of its conversion;

exercises the state control of quality of grain and products of its conversion;

provides conducting examination of grain and products of its conversion, and also accepts the conclusions about possibility of their further use or destruction;

7) in the field of supervision (control) in system of engineering facilities of agro-industrial complex:

carries out expert evaluation of agricultural machinery during its alienation in the secondary market;

performs registration and accounting of tractors, self-propelled chassis, self-propelled farm, road-building and meliorative vehicles, agricultural machinery, other mechanisms, issue of registration plates and the relevant registration documents for them, conducting the automated accounting of the registered tractors, self-propelled chassis, self-propelled farm, road-building and meliorative vehicles, agricultural machinery, other mechanisms and systematization of information about their owners with use of the Unified register;

performs technical condition and operation of the machines which are subject to check on confirmation of conformity to requirements of the legislation;

issues in accordance with the established procedure the conclusions about technical condition of the sold or repaired cars which are subject to check on confirmation of conformity to requirements of the legislation;

carries out technical expertize and expert evaluation of the technical means which became useless as a result of accident or natural disaster and issues the relevant documents on feasibility of their further operation;

checks compliance of material and technical resources and methodical providing educational institutions on preparation, retraining and advanced training of tractor operators-drivers in the procedure established by the legislation, draws the conclusions about compliance of material and technical resources, methodical providing and equipment of educational process for consideration by relevant organs of question of accreditation and issue of licenses for the right of training of tractor operators-drivers of self-propelled machines to them, holds theoretical and practice exams for receipt of the right to control of machines and issues certificates of traktoristamashinist by their results;

carries out the state supervision of observance of rules of technical and field service of machines, realization of complete machines, number nodes and aggregates;

carries out independent technical expertize for determination of the reasons of failure of farm vehicles in the course of consideration of claims of buyers to quality of the specified machines and services in the period of warranty periods of operation according to requirements of the Law of Ukraine "About protection of the rights of buyers of farm vehicles";

provides in accordance with the established procedure subjects of managing whose activities are connected with realization of the machines which are subject to registration in Gosprodpotrebsluzhbe, forms of stock exchange transactions, delivery-acceptance certificates of machines and registration plates "Transit" will organize the state control of observance of the legislation by them in the specified sphere;

carries out technical expertize, the analysis and issue of the conclusions about quality of the sold and repaired cars, nodes, aggregates and their components in connection with consideration of the corresponding claim of the owner (user), about quality of fuels and lubricants which provide agro-industrial complex, about residual motor potential in case of determination of realizable cost of the machine, node, the aggregate;

keeps the register of the educational institutions performing preparation, retraining and advanced training of tractor operators-drivers and exercises the state control of observance of requirements of the legislation by them in the specified sphere;

will organize and exercises the state supervision (control) regarding operation and technical condition of machines for:

observance of requirements of the legislation by accredited subjects of managing who perform technical condition and identification of machines;

compliance with law in the field of consumer protection on the acquired or repaired agricultural machinery and the completing nodes and aggregates to them;

observance of rules of technical and field service of machines;

technical condition and operation of the machines which are subject to check on confirmation of conformity to requirements of the legislation;

8) in the field of implementation of the state supervision (control) of compliance with law about consumer protection (including consumers of products from precious metals and gemstones):

checks observance by the subjects of managing performing activities in the field of trade and services, requirements of the consumer protection law, and also rules of trade and provision of services;

exercises control of observance of requirements of the Laws of Ukraine "About advertizing" and "About measures for the prevention and reduction of the use of tobacco products and their adverse effect on health of the population" within the conferred powers;

carries out control inspections of correctness of settlings with consumers for goods sold according to the law;

imposes on subjects of managing of the sphere of trade and services, including restaurant economy, collection for violation of the law about consumer protection;

performs measures for production and distribution of social advertizing within the competence;

assists local government bodies in implementation of powers by them on consumer protection;

promotes creation of necessary conditions for training and acquisition by the population of legal knowledge in the field of consumer protection;

will organize provision to consumers of consultations concerning protection of their rights;

promotes implementation in Ukraine of the Guidelines for protection of the consumer interests accepted by the United Nations General Assembly on April 9, 1985;

covers in mass media results of work on control of compliance with law about consumer protection;

exercises control of compliance with law about advertizing regarding advertizing consumer protection, makes the decision on recognition of advertizing unfair, hidden, on recognition of comparison in advertizing illegal with simultaneous suspension of its distribution;

9) in the field of implementation of the state market supervision:

will organize project development of sectoral plans of market supervision, approves sectoral plans of market supervision, performs monitoring of execution and review of such plans;

performs according to the legislation monitoring of the reasons and the number of addresses of consumers (users) about protection of their right to safety of products, the reasons and the number of accidents and cases of damnification for human health owing to consumption of products (use of it);

performs product characteristics, including selects product samples and provides conducting their examination (testing);

checks observance of requirements for representation of products at the venue of fair, exhibition, display or demonstration in a different way of products which are not conforming to the established requirements, and in the cases determined by the law issues instructions about immediate elimination of violations of requirements concerning representation of such products and makes the decision on the immediate termination of representation of these products at the venue corresponding fairs, exhibitions, display or demonstration in a different way of products, performs accomplishment by subjects of managing of the corresponding instructions and decisions;

accepts in the cases and procedure determined by the law, the decision on acceptance of the rationing (adjusting) arrangements exercises control of condition of accomplishment by subjects of managing of these decisions;

performs monitoring of actions of subjects of managing for retirement and/or withdrawal of products on which the decision on retirement and/or response is made;

takes adequate measures according to the timely warning of consumers (users) of the revealed danger which is constituted by products;

generalizes results of implementation of market supervision, analyzes the reasons of the revealed violations, develops and makes in accordance with the established procedure offers on review of the established requirements if they do not provide the due level of protection of public concerns;

informs state bodies, local government bodies and the public on results of implementation of market supervision;

10) in the field of implementation of metrological supervision:

checks activities of subjects of managing for observance of metrological requirements by them;

gives legislatively regulated means of the measuring equipment which are in operation for inspection checking in cases, stipulated by the legislation;

checks quantity of the packed-up goods in packagings during its packing and sale;

11) in the field of observance of requirements for forming, establishment and use of the state regulated prices:

exercises the state supervision (control) of observance of requirements of forming, establishment and use of the state regulated prices;

exercises the state supervision (control) of the accuracy of the information specified in documents concerning forming, establishment and use of the state regulated prices;

makes the decision on application of administrative sanctions for violation of requirements for forming, establishment and use of the state regulated prices;

provides to executive bodies, local government bodies, subjects of managing instructions, obligatory for execution, about elimination of violations of requirements of the legislation for forming, establishment and use of the state regulated prices;

12) within the powers provided by the law exercises the state supervision (control) of observance of requirements of the legislation concerning tourist activities;

13) according to the tasks assigned to it:

provides administrative services according to the law;

accepts within the powers provided by the law, measures for elimination of violations of requirements of the law and involvement of persons, guilty of such violations, to responsibility according to the law;

applies financial sanctions against subjects of managing for violation of the law about measures for the prevention and reduction of the use of tobacco products and their adverse effect on health of the population;

within the powers provided by the law constitutes protocols and considers cases on violation of the law in the respective sphere;

performs product characteristics, will organize sampling for the purposes of the state control and provides conducting their examination (testing);

will organize carrying out in laboratories of researches (testing) for the purposes of the state control;

directs materials of checks to law enforcement agencies for the solution of questions of criminal prosecution of persons whose actions contain signs of criminal offense;

makes in the cases provided by the law the decision on destruction of products or other decision concerning the subsequent treatment of her;

submits in accordance with the established procedure suggestions for improvement of forms of the state statistical reporting;

participates in development, certification, production and implementation of standard samples;

develops, carries out and/or will organize accomplishment of nation-wide programs and/or plans in the field of dangerous factors, indicators of safety, separate indicators of quality of foodstuff in certain spheres;

participates in realization of scientific and technical, technological and innovative policy, implementation in production of scientific and technical achievements and the best practices in certain spheres;

represents offers on forming of the state order on training in the field of sanitary and epidemic wellbeing of the population;

prepares suggestions for improvement of the legislation on the questions which are within its competence;

limits, prohibits or stops economic activity of legal entities and physical persons according to regulatory legal acts of Ukraine, addresses according to the procedure and the terms established by the law to court, limits import (transfer) of the loads imported (sent) on customs area of Ukraine, detains loads, determines ways of the address with loads which are imported (are sent) on customs area of Ukraine, according to the Laws of Ukraine "About veterinary medicine" and "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals";

will organize carrying out research work in certain spheres;

performs other powers determined by the laws of Ukraine.

5. Head department for the purpose of the organization of the activities:

1) is provided by implementation of actions for prevention and anti-corruption and control of their implementation;

Conducts 2) and uses registers (databases) according to the law;

3) is provided by open and free access to registers which maintaining according to the legislation is assigned to Gosprodpotrebsluzhbu;

4) is provided by effective, productive and target use of budgetary funds;

5) will organize planned and financial work, exercises control of use of financial and material resources, provides the organization and enhancement of financial accounting;

6) is performed by consideration of addresses of citizens on the questions which are within its competence;

7) will organize work on preparation, retraining and advanced training of workers;

8) will organize work with personnel in the office of Head department;

9) prepares for representation in Gosprodpotrebsluzhbu offers on encouragement and rewarding with the state awards of employees of Head department, subordinated bodies and organizations;

10) is constituted by the draft of the staff list and the estimate on content of Head department and submits for approval to the Chairman Gosprodpotrebsluzhby;

11) is performed by financial accounting of maintenance costs of Head department, provides use of budgetary appropriations on purpose, constitutes and represents in accordance with the established procedure the financial reporting;

12) is provided within the competence by observance of the state secret in Head department, subordinated bodies and organizations;

13) is provided by access to the public information which is in its ownership;

14) provides within the powers realization of state policy on information security with limited access;

15) is provided within the powers by accomplishment of tasks on mobilization preparation and mobilization readiness of the state;

16) will organize record keeping and work on completion, storage, accounting and use of archive documents;

17) generalizes practice of application of the legislation on the questions relating to its powers prepares offers on its enhancement and gives for consideration of Gosprodpotrebsluzhby;

18) provides paid services in stipulated by the legislation cases;

19) will organize work and equips the intended boundary inspection posts and the intended check points on frontier of Ukraine according to Articles 46, of 57, 58 Laws of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" and article 81 of the Law of Ukraine "About veterinary medicine".

6. The head department has the right:

To involve 1) in accomplishment of separate works, participation in studying of single questions of scientists and specialists (from their consent), specialists of executive bodies, the companies, organizations, the organizations (in coordination with their heads), representatives of institutes of civil society (in their consent);

2) to obtain in the procedure established by the legislation information, documents and materials from state bodies and local government bodies, the companies, organizations, the organizations of all patterns of ownership and their officials;

3) to convene meetings, to form consultative, advisory and other facilitative branches and services (councils, the commissions, boards, working groups, etc.) for assistance to implementation of the assigned tasks;

4) to use information databases of state bodies, the state system of government communication and other technical means;

5) to organize sampling of foodstuff, inedible animal products, pathological material, reproductive material, biological products, veterinary medicines, substances, feed additives, premixes and forages, other objects of the state veterinary and sanitary, sanitary and epidemiologic and phytosanitary control and supervision, and also according to competence of other subjects to regulation;

6) to provide implementation of antiepizootic actions by legal entities and physical persons which perform professional activity in the field of veterinary medicine;

7) to carry out phytosanitary procedures concerning plants and products of plant origin and other subjects to regulation;

8) to detain plants, products of plant origin and other subjects to regulation for inspection, survey and phytosanitary examination if they move without the relevant phytosanitary documents or do not conform to phytosanitary requirements;

9) to conduct researches in the spheres which are within the competence of Gosprodpotrebsluzhby;

10) to perform actions of the state supervision (control) according to the law;

11) to demand according to the law from subjects of managing of elimination of the revealed violations;

To accept 12) within the powers provided by the law, measures for elimination of violations of requirements of the law and involvement of persons, guilty of such violations, to responsibility according to the law;

13) to exercise the state control of content of residual amounts of pesticides, agrochemicals and heavy metals in the surface water intended for agricultural needs, the soil on lands of agricultural purpose, sterns and also in agricultural products and raw materials;

To attract 14) in accordance with the established procedure independent experts and the specialized organizations to conducting checks and preparation of the conclusions for the questions which are within their competence;

15) to fix process of implementation of planned (unplanned) action or each separate action by audio-and video equipment;

16) to prohibit operation of machines and other technical means for agro-industrial complex if their technical condition does not conform to requirements of regulating documents for indicators of quality, technological effectiveness and safety, labor protection and environmental protection and if they threaten life and health of workers or create possibility of accident;

17) to stop machines for check of technical condition in case of availability of the signs testimonial of their technical defect;

To receive 18) from the officials and citizens having in property of the machine and other technical means for agro-industrial complex, the documents necessary for the solution of the questions which are within their competence;

19) to check availability at tractor operators-drivers of documents for right to use and controls of machines;

20) to make in stipulated by the legislation cases to tractor operators-drivers warnings, and in case of gross violation of safety regulations and traffic - to put question of deprivation of their right of control of machines;

21) to require the termination of the actions interfering implementation of the state technical supervision;

To constitute 22) in the cases established by the law protocols on administrative offenses, to consider cases on administrative offenses according to the law and to make decisions on imposing of penalties and application of other sanctions provided by the law by results of consideration;

23) to call citizens for receipt of oral or written explanations in connection with violation of requirements of the legislation by them in the field of operation of machines and other technical means for agro-industrial complex;

24) to use the technical devices intended for check of technical condition of machines;

25) to appoint conducting examination, technical diagnostics of machines and other technical means for agro-industrial complex, to receive explanations, references, documents, materials, data on the questions arising when implementing the state technical supervision;

26) to take in accordance with the established procedure part in work of the commissions on investigation of the reasons and effects of the accidents which happened during operation of machines and other technical means for agro-industrial complex;

To transfer 27) to law enforcement agencies acts of checks and other materials on the questions which are within their competence.

7. The head department during execution of the tasks assigned to it in the territory of the corresponding administrative and territorial unit interacts with local public administrations and local government bodies, and also the companies, organizations, the organizations.

8. The head department within the powers issues orders of organizational and administrative nature.

Acts of Head department can be repealed by the Chairman Gosprodpotrebsluzhby completely or in separate part, including at the request of the Minister of development of economy, trade and agricultural industry of Ukraine, and also the Minister of development of economy, trade and agricultural industry of Ukraine in case of refusal of the Chairman Gosprodpotrebsluzhby to repeal such act.

9. The head department is headed by the chief appointed to position by the Chairman Gosprodpotrebsluzhby according to the Law of Ukraine "About public service".

The chief of Head department has deputies who are appointed to position by the Chairman Gosprodpotrebsluzhby according to the Law of Ukraine "About public service".

Employees of Head department to whom execution of functions of the state supervision (control) is assigned are on positions the state inspectors in the respective spheres according to the law.

10. The head of independent structural division of Head department to which implementation of powers of Gosprodpotrebsluzhby in the field of the sanitary legislation, sanitary and epidemic wellbeing of the population is assigned provides accomplishment of functions on approval and signing of stipulated by the legislation documents, powers on approval and which signing is within the competence of the chief state health officer of area, city of Kiev (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and the sphere of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers), within powers of the relevant territorial authority.

11. Chief of Head department:

1) performs management of activities of Head department, bears the personal responsibility for the organization and results of its activities;

Will organize 2) and provides accomplishment by Head department of the Constitution and the laws of Ukraine, the resolutions of the Verkhovna Rada of Ukraine accepted according to the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders of the Prime Minister of Ukraine, orders of the ministries, orders of the Minister of development of economy, trade and agricultural industry of Ukraine, his first deputy and deputies, Gosprodpotrebsluzhby's orders, orders of the Chairman Gosprodpotrebsluzhby and his deputies;

3) makes to the Chairman Gosprodpotrebsluzhby offers concerning priorities of work of Head department and ways of accomplishment of the tasks assigned to it, submits for approval work plans of Head department (annual, semi-annual);

4) reports to the Chairman Gosprodpotrebsluzhby on accomplishment of the tasks and work plans assigned to Head department;

5) is performed by personnel recruitment in Head department;

6) will organize work on preparation, retraining and advanced training of workers;

7) appoints to positions in coordination with the Chairman Gosprodpotrebsluzhby of heads of independent structural divisions of Head department and dismisses them;

8) appoints and dismisses other government employees and employees of Head department, heads of organizations which belong to the sphere of management of Gosprodpotrebsluzhby and are located in the territory of the corresponding administrative and territorial unit;

9) appropriates to government employees of Head department ranks of government employees, makes the decision on encouragement and attraction to disciplinary responsibility of employees of Head department (except the deputies);

10) brings up before the Chairman Gosprodpotrebsluzhby question of assignment of ranks of government employees to the deputies, and also about encouragement and attraction them to responsibility;

11) signs orders of Head department;

12) distributes obligations between the deputies;

13) approves regulations on structural divisions of Head department and job descriptions of workers;

14) approves staff lists and estimates of organizations which belong to the sphere of management of Gosprodpotrebsluzhby and are located in the territory of the corresponding administrative and territorial unit;

15) performs other powers according to the legislation.

The chief of Head department is accountable and under control to chairmen of local public administrations concerning implementation of powers of local public administrations.

12. In Head department for agreed decision of the questions which are within its competence, discussion of the major activities the board can be formed.

Decisions of board can be realized by adoption of the relevant order of Head department.

For consideration of scientific recommendations and other offers on the organization and improvement of activities in certain spheres, solutions of other questions in Head department can be formed other standing or temporary consultative, advisory and other facilitative branches.

The decision on education or liquidation of board, other standing or temporary consultative, advisory and other facilitative branches, their quantitative and members, regulations on them affirm the chief of Head department.

13. The head department acts on the basis of the provision approved according to this Provision the Chairman Gosprodpotrebsluzhby.

14. The head department contains at the expense of the government budget.

The structure of Head department affirms the Chairman Gosprodpotrebsluzhby in coordination with the Minister of development of economy, trade and agricultural industry of Ukraine.

The staff list and the estimate of Head department affirm the Chairman Gosprodpotrebsluzhby.

The number of employees of Head department is approved by the Chairman Gosprodpotrebsluzhby within the extreme number of workers determined by the Cabinet of Ministers of Ukraine for territorial authorities of Gosprodpotrebsluzhby.

15. The head department is formed according to the procedure, the stipulated in Article 21 Law of Ukraine "About the central executive bodies".

16. The head department is legal entity of the public law, has separate balance, accounts in organizations of Treasury of Ukraine, seal with the image of the State Emblem of Ukraine and the name.

 

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