It is registered
in the Ministry of Justice
Ukraine
On February 5, 2002 No. 104/6392
of January 22, 2002 No. 3/21
About approval of the Procedure for control of observance of licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of satellite systems
According to article 8 of the Law of Ukraine "About licensing of certain types of economic activity", the Presidential decree of Ukraine of May 25, 2000 N721 "Questions of the State Committee of Ukraine concerning Regulatory Policy and Entrepreneurship" and resolutions of the Cabinet of Ministers of Ukraine of November 14, 2000 N 1698 "About approval of the list of bodies of licensing"
WE ORDER:
1. Approve the Procedure for control of observance of licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of satellite systems it (is applied).
2. Gospredprinimatelstva of Ukraine (Apatenko O. P.) and to Management of the NKAU space complexes (S.O.'s Drought) in accordance with the established procedure to provide to head department of control and reforming of procedures of legalization of subjects of housekeeping provision of this order on state registration in the Ministry of Justice of Ukraine.
3. To impose control of execution of the order on the vice-chairman Gospredprinimatelstva of Ukraine Tretyakov S. I. and First Deputy CEO of NKAU Komarov V. G.
|
Chairman of the State committee Ukraine concerning regulatory policy and entrepreneurships |
O. V. Kuzhel |
|
CEO National space agencies of Ukraine |
O. O. Negoda |
No. 3/21 is approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship and National space agency of Ukraine of January 22, 2002
This Procedure N721 "Questions of the State Committee of Ukraine concerning Regulatory Policy and Entrepreneurship", the resolution of the Cabinet of Ministers of Ukraine of November 14, 2000 N1698 "About Approval of the List of Bodies of Licensing", the general order of the State committee of Ukraine concerning regulatory policy and entrepreneurship and National space agency of Ukraine of December 19, 2000 N79/215 "About Approval of Licensed Conditions of Implementation of Development, Testing, Production, Operation of Carrier Rockets, Spacecrafts and Their Components, Land Space Infrastructure and Its Components, the Equipment Which Is Part of Space Segment of Satellite Systems" is developed according to the Laws of Ukraine "About space activities", "About licensing of certain types of economic activity", the Presidential decree of Ukraine of May 25, 2000, registered in the Ministry of Justice of Ukraine on December 29, 2001 for N 966/5187.
Control of observance by subjects of housekeeping (daleelitsenziata) of licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of satellite systems (further - licensed conditions), performs the National Space Agency of Ukraine (further - NKAU) as body of licensing, the State committee of Ukraine concerning regulatory policy and entrepreneurship (and its territorial authorities) (further - Gospredprinimatelstvo) as specially authorized body concerning licensing (further - control facilities) within the powers by carrying out scheduled and unscheduled inspections.
1.1. Scheduled inspections of observance by the licensee of licensed conditions are carried out by control facilities according to the annual plan of checks which affirms the order (order) of relevant organ of control. Plans of checks are approved between NKAU and Gospredprinimatelstva taking into account that scheduled inspection of the licensee is carried out not more often than once a year.
1.2. Unscheduled inspections are performed by control facilities in the presence of the circumstances provided by the current legislation of Ukraine.
1.3. The control facility in writing or the telephone message reports to the licensee about conducting planned inspection not later than in five calendar days prior to its beginning.
The term of conducting check constitutes up to five working days. In case of the large volume of works, according to the decision of the head of control facility (his deputy), the review period can be prolonged to ten working days.
1.4. For conducting check of the licensee by control facility the administrative document on appointment of the chairman and members of the commission and the certificate on conducting check is issued (appendix 1), signed by the head of control facility (his deputy) which makes sure seal.
1.5. The certificate is registered in register (appendix 2), with reference to the administrative document. Pages of register shall be numbered, stitched and under seal.
1.6. For conducting check specialists of research establishments of industry can be attracted (in their consent).
The chairman and members of the commission on check of observance of licensed conditions (further - the commission) have the right:
study documents, necessary for conducting check;
access to the territory, to production and other rooms of the licensee for their inspection and clarification of the questions which are directly connected with check;
receive copies (photocopy) of necessary documents;
receive from licensees written explanations on the questions arising during check.
The chairman and members of the commission shall:
be guided in the work only by legislation regulations;
to objectively display the state of affairs concerning observance by licensees of licensed conditions;
provide preserving the state and trade secret which became known during check of the licensee.
The chairman and members of the commission bear responsibility according to the current legislation for:
non-objective display in the inspection statement of data on activities of the licensee;
concealment of the facts of the violations or abuses allowed by the licensee;
other actions made in verification process, violating the current legislation of Ukraine.
5.1. For conducting check the commission chairman shall show to the head of the licensee the certificate on check and identity documents of the chairman and members of the commission.
5.2. During check of the licensee the commission checks observance of Licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of the satellite systems approved by the general order Gospredprinimatelstva and NKAU of December 19, 2000 N 79/215, registered in the Ministry of Justice of Ukraine on December 29, 2000 for N 966/5187, and also observance of the current legislation concerning licensing:
accomplishment of general requirements to the subjects of space activities specified in item 2 of licensed conditions concerning availability of personnel of the corresponding qualification, the relevant normative and legal and regulating documents on standardization, floor spaces and the equipment allowing to carry out the declared type of activity;
fulfillment of requirements of the item 3, 4, 5, 6 licensed conditions concerning development, testing, production, operation of the space equipment - in the part concerning the activities specified in the license;
accomplishment of orders about elimination of violations of licensed conditions;
compliance of the data provided in the license, to the data specified in the certificate on state registration and in constituent documents;
availability of the copy of the license confirming the right of branch or other structural division of the licensee to implementation of certain type of economic activity based on the license obtained by it;
availability of decisions on creation of branches, the isolated structural divisions of the licensee, compliance of the approved regulations on their creation to the current legislation;
in case of lack of the license - availability of the certificate of adoption of the statement for renewal of the license for implementation of the economic activity stated above;
timeliness of renewal of licenses;
timeliness of the notice of body of licensing and body of state registration in which the licensee, about change of the location, form of business, pattern of ownership, the name and so forth is registered;
accuracy of the data in the documents filed by the subject of housekeeping for receipt of the license;
timeliness of provision of the message on change of the data specified in documents which were enclosed to the application for licensing.
6.1. By results of check the inspection statement of observance by the subject of housekeeping of licensed conditions is drawn up.
6.1.1. The inspection statement is drawn up in duplicate during conducting check (according to the form given in appendix 3): one copy of the inspection statement is issued to the head (authorized representative) of the licensee (legal entity), the second - is stored in the control facility which performed check.
6.1.2. The fact of acquaintance with the inspection statement and receipts of the copy belonging to it the head of the licensee (legal entity) or his authorized representative certifies the personal signature with indication of date and seal of the subject of housekeeping.
6.1.3. In case of refusal the licensee to sign the inspection statement the commission chairman makes the corresponding entry that the licensee is informed of the act, but refused to sign it.
The head of the licensee or his authorized representative (legal entity) has the right to offer explanations and to state notes concerning contents of the act and conducting check. These documents are integral part of the act.
6.1.4. The revealed violations fixed in the inspection statement shall be confirmed with the reference to specific Items, Sections, Articles of the existing regulatory legal acts. Any statement or interpretation of requirements of regulatory legal acts is not allowed.
6.1.5. It is forbidden to enter data on the violations which are not documented in the inspection statement.
6.2. In case of identification of violations not later than ten working days from the date of creation of the inspection statement of observance by the licensee of licensed conditions application of two types of sanctions is possible: or control facilities issue the order about elimination of violations of licensed conditions, or NKAU makes the decision on cancellation of the license on the bases stated in item 6.6.
6.3. In case of elimination of the violations of licensed conditions revealed by check within ten working days from the date of creation of the inspection statement of observance by the licensee of licensed conditions if it is documented and does not require additional check, the order specified in item 6.2 about elimination of the revealed violations of licensed conditions is not issued.
6.4. The licensee who received the order about elimination by it of the revealed violations of licensed conditions shall observe it and in the term established on hand in writing to report about it to the body which issued the order.
6.5. In case of failure to carry out by the licensee of the order about elimination of the revealed violations of licensed conditions:
6.5.1. Control facilities draw up the statement of failure to carry out of the order of elimination of the revealed violations of licensed conditions which is the basis for cancellation of the license.
6.5.2. Territorial authorities Gospredprinimatelstva send the copy of the act of failure to carry out of the order about elimination of violations of licensed conditions to Gospredprinimatelstva which addresses in NKAU with the offer concerning cancellation of the license (the copy of the act is attached) and reports about it to the relevant territorial authority.
6.5.3. The state entrepreneurship sends to NKAU the copy of the act of failure to carry out of the order about elimination of the revealed violations of licensed conditions with the offer concerning cancellation of the license.
6.5.4. NKAU based on the act of failure to carry out of the order of elimination of violations of licensed conditions makes the decision on cancellation of the license.
6.6. The bases for cancellation of the license by results of check are:
the act of further violation by the licensee of licensed conditions during license effective period;
the act of detection of false information in the documents filed by the subject of housekeeping for receipt of the license;
the act of failure to provide factual determination at the scheduled time of the message on change of the data specified in documents which were enclosed to the application for licensing;
act of failure to carry out of the order of elimination of violations of licensed conditions;
the act of factual determination of transfer of the license or its copy to other legal entity or physical person for implementation of economic activity;
the act of impossibility of providing with the licensee of accomplishment of the licensed conditions established for certain type of economic activity.
6.7. In case of creation of obstacles from the licensee concerning conducting check the relevant statement is drawn up.
6.8. The decision on cancellation of the license is made by NKAU within ten working days from the date of establishment of the bases for cancellation of the license and handed to the licensee under the personal signature (it is sent by the registered mail) with indication of the bases for cancellation in three-day time from the date of its acceptance.
6.9. The decision on cancellation of the license is registered in register of statements and the granted licenses.
6.10. Question of cancellation of the license based on the act of failure to provide factual determination at the scheduled time of the message on change of the data specified in documents which were enclosed to the application for licensing; the act of detection of false information in the documents filed by the subject of housekeeping for receipt of the license; the act of factual determination of transfer of the license to other legal entity for implementation of economic activity; the act of failure to carry out of the order of elimination of violations of licensed conditions NKAU with the obligatory invitation of the head of the licensee (legal entity) or his representatives is considered.
6.11. In case of absence of the licensee or his representatives the question of cancellation of the license is considered without their participation.
6.12. The question of cancellation of the license in case of further violation by the licensee of licensed conditions during effective period of the license is considered in the presence of such documents:
orders (orders) based on which checks were performed;
the order about elimination of the revealed violations of licensed conditions;
act of preliminary check of violation by the licensee of licensed conditions;
the inspection statement about further violation by the licensee of licensed conditions.
6.13. The decision on cancellation of the license becomes effective in ten days from the date of its acceptance.
6.14. Record about the basis, date and number of the decision on cancellation of the license is entered by NKAU in the licensed register not later than the next working day after entry into force of the decision on cancellation of the license.
6.15. In case of cancellation of the license based on the act of further violation by the licensee of licensed conditions, the act of failure to provide factual determination at the scheduled time of the message on change of the data specified in documents which were enclosed to the application for licensing of the act of detection of false information in the documents filed by the subject of housekeeping for receipt of the license, the act of factual determination of transfer of the license to other legal entity or physical person for implementation of economic activity of the act of failure to carry out of the order of elimination of violations of licensed conditions the subject of housekeeping can obtain the new license for the right of implementation of this type of economic activity not earlier than in year from acceptance date of NKAU of the decision on cancellation of the previous license.
7.1. If the licensee within ten days from the date of acceptance of NKAU of the decision on cancellation of the license makes the complaint in expert and appeal council under the State committee of Ukraine concerning regulatory policy and entrepreneurship, then action of this decision stops before adoption of the relevant decision Gospredprinimatelstva.
Expert and appeal council informs NKAU on receipt of such claim.
7.2. The decision of expert and appeal council concerning the claim of the licensee is the basis for the edition Gospredprinimatelstva of the order about elimination of violations of the law in the field of licensing if such take place.
7.3. The decision on cancellation of the license can be appealed judicially.
8.1. Territorial authorities of State Tax Administration for adoption of relevant decisions are informed on the fact of implementation of economic activity without license.
8.2. Financial sanctions in the form of penalties in the sizes established by the legislation are applied to subjects of housekeeping for implementation of economic activity without license.
|
Chief of Head department control and reforming of procedures legalizations of subjects of housekeeping State entrepreneurships of Ukraine |
O. P. Ostapenko |
|
Head of department of space NKAU complexes |
S. O. Zasukh |
to item 1.4 of the Procedure for control of observance of licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of satellite systems
ПОСВ_ДЧЕННЯ
Видане голов_ ком_с_ї ___________________________________________
(пр_звище, _н_ц_али)
та членам ком_с_ї _______________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(пр_звище, _н_ц_али)для проведення перев_рки суб'єкта господарювання
_________________________________________________________________
(найменування л_ценз_ата)
щодо додержання л_ценз_йних умов провадження ____________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(вид господарської д_яльност_, що л_цензується)
на пер_од з "___"________ 200_ р. до "___"__________ 200_ р.
у терм_н з "___"_________ 200_ р. до "___"___________ 200_ р.
______________ ________________ __________________________
(посада) (п_дпис) (пр_звище та _н_ц_али)
М.П.
Терм_н продовжено до (число) (м_сяць) 200_ р.
______________ ________________ __________________________
(посада) (п_дпис) (пр_звище та _н_ц_али)
М.П.
to item 1.4 of the Procedure for control of observance of licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of satellite systems
The MAGAZINE obliku posvidchen on проведення perevirki litsenziativ
---------------------------------------------------------------------- | N |Номер |Куди | Склад |Терм_н |Реєстрац_йний | |з/п|посв_дчення|направляється| ком_с_ї |проведення|номер | | | |ком_с_я | |перев_рки |наказу | | | | | | |(розпорядження)| |---+-----------+-------------+-----------+----------+---------------| | 1 | 2 | 3 | 4 | 5 | 6 | ----------------------------------------------------------------------
to item 1.4 of the Procedure for control of observance of licensed conditions of implementation of development, testing, production, operation of carrier rockets, spacecrafts and their components, land space infrastructure and its components, the equipment which is part of space segment of satellite systems
Inspection statement
"__"_____________ 200_ г. N ______
Основание _______________________________________________________
_________________________________________________________________
_________________________________________________________________
(название населенного пункта, где проводится проверка)
_________________________________________________________________
(номер, дата удостоверения)
_________________________________________________________________
_________________________________________________________________
(фамилия, инициалы, должность председателя и членов комиссии)
с "__" ___________ 200_ г. по "__" ____________ 200_ г.
у _______________________________________________________________
_________________________________________________________________
(наименование субъекта ведения хозяйства,местонахождение,телефон,
_________________________________________________________________
место осуществления деятельности)
_________________________________________________________________
(номер, дата выдачи лицензии, название органа, ее выдавшего,
_________________________________________________________________
вид хозяйственной деятельности, которая лицензируется)
В присутствии ___________________________________________________
(фамилия, инициалы, должность представителя субъекта
хозяйственной деятельности (юридического лица)
проведена проверка соблюдения лицензионных условий.
Проверкой установлено: __________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Акт составлен в двух экземплярах, имеющих одинаковую юридическую
силу.
Председатель комиссии ___________________________________________
(подпись, фамилия, инициалы)
Члены комиссии __________________________________________________
_________________________________________________________________
_________________________________________________________________
С актом ознакомлен, один экземпляр получил:
Руководитель или уполномоченный представитель лицензиата,
в присутствии которого проведена проверка ________________________
подпись (фамилия, инициалы)
М.П.
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The document ceased to be valid according to the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, National space agency of Ukraine of July 16, 2010 No. 228/220