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The document ceased to be valid since  November 14, 2018 according to Item 2 of the Resolution of the Cabinet of Ministers of Ukraine of  October 31, 2018 No. 915

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 21, 2017 No. 437

About approval of criteria by which the risk degree from implementation of the economic activity which is subject to licensing in the field of provision of services in the field of cryptographic information protection is evaluated (except services of the electronic digital signature) and information technical protection according to the list which is determined by the Cabinet of Ministers of Ukraine and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection is established

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 18.12.2017 No. 1103)

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 economic activity which is subject to licensing in the field of provision of services in the field of cryptographic information protection is evaluated (except services of the electronic digital signature) and information technical protection according to the list which is determined by the Cabinet of Ministers of Ukraine and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection, according to appendix is established.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of August 22, 2012 No. 791 "About approval of criteria by which the risk degree from implementation of economic activity in industries cryptographic and the information technical protection which is subject to licensing according to the Law of Ukraine "About licensing of certain types of economic activity" is evaluated and frequency of implementation of planned actions of the state supervision (control) is determined" (The Official Bulletin of Ukraine, 2012, No. 64, the Art. 2623).

Prime Minister of Ukraine

V. Groysman

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of June 21, 2017 No. 437

Criteria by which the risk degree from implementation of the economic activity which is subject to licensing in the field of provision of services in the field of cryptographic information protection is evaluated (except services of the electronic digital signature) and information technical protection according to the list which is determined by the Cabinet of Ministers of Ukraine and frequency of holding planned actions of the state supervision (control) by Administration of Public service of special communication and information protection is established

1. Criteria by which the risk degree from implementation of the economic activity which is subject to licensing is evaluated (further - the licensed activities) in the field of provision of services in the field of cryptographic information protection (except services of the electronic digital signature) according to the list which is determined by the Cabinet of Ministers of Ukraine are:

type of information according to the procedure of access (secret, office), the subject protection in case of provision of services in the field of cryptographic information protection (except services of the electronic digital signature) concerning which economic activity is subject to licensing;

observance of requirements of Licensed conditions of implementation of economic activity on provision of services in the field of cryptographic information protection (except services of the electronic digital signature) and information technical protection according to the list which is determined by the Cabinet of Ministers of Ukraine (further Licensed conditions);

the term of implementation of licensed activities in the field of provision of services in the field of cryptographic information protection;

implementation of licensed activities in the field of provision of services in the field of cryptographic information protection on accomplishment of the state defense order.

2. According to the established criteria subjects of managing which perform licensed activities in the field of provision of services in the field of cryptographic information protection (except services of the electronic digital signature) irrespective of pattern of ownership belong to one of three risk degrees high, average or insignificant.

3. Subjects which correspond at least to one of the following conditions concern to subjects of managing with high risk:

which have the right to provide services in the field of cryptographic information protection (except services of the electronic digital signature) concerning which economic activity is subject to licensing (with provision of the right of implementation of activities in the field of the cryptographic information protection which is the state secret) and in which the facts of violation of requirements of Licensed conditions when implementing the last planned or unplanned action of the state supervision (control) are elicited and the term of implementation of licensed activities constitutes less than three years;

which provided current and last years services in the field of cryptographic information protection (except services of the electronic digital signature) concerning which economic activity is subject to licensing, on accomplishment of the state defense order.

4. Subjects which correspond at least to one of the following conditions concern to subjects of managing with average risk degree:

which have the right to provide services in the field of cryptographic information protection (except services of the electronic digital signature) concerning which economic activity is subject to licensing (with provision of the right of implementation of activities in the field of the cryptographic information protection which is the state secret) and in which the facts of violation of requirements of Licensed conditions when implementing the last planned or unplanned action of the state supervision (control) are elicited and the term of implementation of licensed activities constitutes more than three years or in which the facts of violation of requirements of Licensed conditions when implementing the last planned or unplanned action of the state supervision (control) irrespective of the term of implementation of licensed activities are elicited;

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