It is registered
Ministry of Justice of Ukraine
February 26, 2002
No. 188/6476
of February 11, 2002 No. 16/73
About approval of the Procedure for control of observance of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail
According to the Law of Ukraine "About licensing of certain types of economic activity", the Presidential decree of Ukraine of 25.05.2000 No. 721 "Questions of the State committee of Ukraine concerning regulatory policy and entrepreneurship" and the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 No. 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 economic activity concerning provision of services on transportation of passengers, loads by railway transport which is applied.
2. To head department of control and reforming of procedures of legalization of subjects of housekeeping Gospredprinimatelstva of Ukraine (Apatenko O. P.), to Department of safety of transport and technical policy of the Ministry of transport of Ukraine (Petrashevsky O. L.) in accordance with the established procedure to provide provision of this order on state registration in the Ministry of Justice of Ukraine.
3. To department of safety of transport and technical policy of the Ministry of transport of Ukraine (Petrashevsky O. L.) provide the publication of this order in mass media.
4. To impose control of execution of this order on the vice-chairman Gospredprinimatelstva of Ukraine Tretyakov S. I. and deputy state secretary Crolles S. S.
|
Chairman of the State committee Ukraine concerning regulatory politicians and entrepreneurships |
O. V. Kuzhel |
|
Minister of Transport of Ukraine |
V.P.Pustovoytenko |
Gospredprinimatelstva of Ukraine and the Ministry of transport of Ukraine of February 11, 2000 No. 16/73 is approved by the Order
1.1. The procedure for control of observance of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by railway transport (further - the Procedure for control) is developed according to:
The law of Ukraine "About licensing of certain types of economic activity";
The law of Ukraine "About transport";
The law of Ukraine "About rail transport";
The law of Ukraine "About transportation of dangerous goods";
The law of Ukraine "About natural monopolies";
The law of Ukraine "About application of registrars of settlement transactions in the field of trade, public catering and services";
The law of Ukraine "About consumer protection";
The law of Ukraine "About transit of loads";
The law of Ukraine "About confirmation of conformity";
The law of Ukraine "About standardization";
Presidential decree of Ukraine of 25.05.2000 No. 721 "Questions of the State committee of Ukraine concerning regulatory policy and entrepreneurship";
The directive of Council of the European commonwealth 91/440/EEC of 29.07.91 "About development of rail transport in the European commonwealth";
The directive of Council of the European commonwealth 95/18/EEC of 19.06.95 "About licensing of the railway servicing companies";
the resolution of the Cabinet of Ministers of Ukraine of 04.03.97 No. 204 "About approval of the Procedure of supervision of safety of movement on transport";
the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 No. 1698 "About approval of the list of bodies of licensing";
the resolution of the Cabinet of Ministers of Ukraine of 29.11.2000 No. 1755 "About effective period of the license for production of certain types of economic activity, the sizes and procedure for transfer of payment for its issue";
the resolution of the Cabinet of Ministers of Ukraine of 04.07.2001 No. 756 "About approval of the list of documents which are enclosed to the application for licensing for separate type of economic activity";
the general order of the State committee of Ukraine concerning regulatory policy and entrepreneurship and the Ministry of transport of Ukraine of 08.06.2001 No. 85/363 "About approval of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail", registered in the Ministry of Justice of Ukraine on June 23, 2001 for No. 540/5731.
1.2. The procedure for control extends to all subjects of housekeeping irrespective of their form of business and pattern of ownership performing economic activity concerning provision of services on transportation of passengers, loads by rail.
1.3. Control of observance by subjects of housekeeping (further - licensees) licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail (further on tekstulitsenzionny conditions) perform the Ministry of transport of Ukraine and organization, entering into its structure, the State committee of Ukraine concerning regulatory policy and entrepreneurship (daleegospredprinimatelstvo) and its representation (further on control tekstuorgana) by carrying out scheduled and unscheduled inspections.
1.4. The subject of housekeeping when implementing check shall help control facilities for ensuring its accomplishment.
2.1. Scheduled inspections of observance by the licensee of Licensed conditions are carried out by control facility according to the annual plan of checks.
Scheduled inspection of the licensee is carried out not more often than once a year. The body of licensing approves annual plans of conducting checks of licensees with Gospredprinimatelstva of Ukraine.
2.2. Unscheduled inspections are performed by control facilities in the presence of the circumstances provided by the current legislation of Ukraine.
2.3. For conducting check by control facility the administrative document on creation of the commission, appointment of the chairman and members of the commission and the certificate on the right of conducting check of the licensee is issued (appendix 1) signed by the head of control facility (his deputy) which makes sure its seal.
2.4. The certificate is registered in register of certificates on the right of conducting check of licensees (appendix 2) with reference to the administrative document. The register shall be numbered, stitched and under seal.
2.5. The control facility reports to the licensee about conducting planned inspection in writing or the telephone message not later than in five working days prior to day of conducting the specified check.
The term of conducting check constitutes no more than ten working days. In case of the large volume of works, according to the decision of the head of control facility, the review period can be prolonged to twenty working days.
The chairman and members of the commission shall:
be guided in the work only by regulations of the current legislation;
to objectively display the state of affairs concerning observance by licensees of licensed conditions;
provide observance of the state and provided by the current legislation other secret.
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 of the certificate and the documents proving the identity of the chairman and members of the commission.
5.2. The licensee during check of observance of licensed conditions by it provides all documents, necessary for check, and provides conditions for its carrying out.
5.3. During check of the licensee the commission checks:
observance of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail;
availability of the specifications or the technical regulation determining conditions and procedure for provision of service signed by the applicant - business entity and which content it is determined in the GSTU 32.0.10.001-97 "Procedure for development, the rule of creation, statement, registration and the requirement to contents of regulating documents in the field of rail transport" approved by the order of the Ministry of transport of Ukraine of 01.06.98 No. 208, and in GSTU 32.0.10.018-97 "Standard creation of specifications on products for rail transport of Ukraine", approved by the order of the Ministry of transport of Ukraine of 09.02.98 No. 39, registered according to the procedure, the established GSTU 32.0.10.002-97 "Procedure for conducting examination, approval, approval, registration, modification, cancellation and edition of regulating documents in the field of rail transport", the approved order of the Ministry of transport of Ukraine of 01.06.98 No. 209, and GSTU 32.0.10.019-97 "Procedure for approval, approval and registration of specifications for products for rail transport of Ukraine" approved by the order of the Ministry of transport of Ukraine of 17.04.98 No. 134 and registered in the Ministry of Justice of Ukraine 08.05.98 for No. 295/2735;
availability of the certificate of conformity issued by certification body of the Ministry of the transport of Ukraine and determined in Regulations on certified activities on the rail transport of Ukraine approved by the order of the Ministry of transport of Ukraine of 01.06.98 No. 207 and registered by the Ministry of Justice of Ukraine 19.08.98 for No. 525/2965, which witnesses about opportunity provision by it of services in transportation of passengers, loads by rail according to the specifications or the technical regulation and regulating documents determined in Item 2.5.1 of Licensed conditions;
confirmation of financial capability and opportunity to fulfill the financial liabilities before clients by provision of the audit report for the last twelve months;
accuracy of the data in the documents filed by the subject of housekeeping for receipt of the license;
compliance of the data provided in the license, to the data specified in the certificate on state registration and in constituent documents;
availability of decisions on creation of branches, separate divisions of the licensee, compliance of the approved regulations on their creation to the current legislation;
availability of the copy of the license confirming the right of branch or other separate division of the licensee to implementation of economic activity concerning provision of services on transportation of passengers, loads by rail based on the obtained license;
compliance of the conditions and procedure for provision of services specified in economic agreements, to requirements, specified (technical regulations);
availability of the fact of transfer of the right to activities accomplishment (licenses or copies) to other legal entity or physical person for implementation of economic activity;
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;
timeliness of provision to body of licensing of the message on change of the data specified in documents which were enclosed to the application for licensing;
timeliness of renewal of the license;
accomplishment of orders about elimination of the revealed violations of Licensed conditions;
availability of the certificate of adoption of the statement for renewal of the license for implementation of the economic activity stated above (in case of lack of the license).
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 (appendix 3): one copy of the inspection statement is issued to the head (authorized representative) of the licensee (legal entity) or the licensee (to the subject of business activity - physical person) who was checked, the second is stored in the control facility performing check.
6.1.2. The fact of acquaintance with the inspection statement and receipts of the copy belonging to it certify with indication of date:
the head of the licensee (legal entity) or his authorized representative - the personal signature and seal of the subject of housekeeping;
the licensee (the subject of business activity - physical person) - the personal signature and seal (in case of its availability).
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 inspection statement and refused the signature.
The head of the licensee or his authorized representative (legal entity), the licensee (subject of business activity - physical person) have 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 references 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. If within ten working days from the date of creation of the inspection statement of observance by the licensee of licensed conditions the revealed violations were not eliminated, then control facilities issue the order about elimination of the revealed violations of Licensed conditions or the Ministry of transport of Ukraine 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 if it is documented and does not need additional check, the order specified in item 6.2 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 that is the basis for cancellation of the license.
The statement of failure to carry out of the order of elimination of the revealed violations of Licensed conditions is drawn up by results of check.
6.5.2. Representations Gospredprinimatelstva send the copy of the act of failure to carry out of the order about elimination of the revealed violations of Licensed conditions to Gospredprinimatelstva which addresses the Ministry of transport of Ukraine with the offer concerning cancellation of the license and reports about it to the relevant representation.
6.5.3. The ministry of transport of Ukraine based on the act of failure to carry out of the order of elimination of violations of licensed conditions makes the decision concerning cancellation of the license.
6.6. The bases for cancellation of the license 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 factual determination of transfer of the right to activities accomplishment (licenses or copies) to other legal entity or physical person for implementation of economic activity;
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 failure to carry out of the order concerning elimination of the revealed violations of Licensed conditions;
the act of impossibility of providing with the licensee of accomplishment of the Licensed conditions established for certain type of economic activity.
6.7. The decision on cancellation of the license is made by the Ministry of transport of Ukraine within ten working days from the date of establishment of the bases for cancellation of the license and handed sent) to the licensee with indication of the bases for cancellation to three-day time from the date of its acceptance.
6.8. The decision on cancellation of the license is sent to the licensee with delivery under the personal signature or the registered mail.
6.9. 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 right to activities accomplishment (licenses or copies) to other legal entity or physical person for implementation of economic activity; the act of failure to carry out of the order of elimination of the revealed violations of licensed conditions is considered by the Ministry of transport of Ukraine with the obligatory invitation of the licensee or his representatives.
6.10. The ministry of transport of Ukraine shall have confirmation concerning the notice of the licensee on time and the place of consideration of question of cancellation of the license.
6.11. In case of non-arrival 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:
the inspection statement about further violation by the licensee of licensed conditions;
act of preliminary check of violation by the licensee of licensed conditions;
orders about elimination of the revealed violations of licensed conditions;
orders (orders) based on which checks were performed.
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 in the licensed register by the Ministry of transport of Ukraine 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 right to activities accomplishment (licenses or copies) to other legal entity or physical person for implementation of economic activity, the act of failure to carry out of the order of elimination of the revealed 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 the Ministry of transport of Ukraine of the decision on cancellation of the previous license.
7.1. If the licensee within ten days from the date of acceptance of transport of Ukraine by the Ministry 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 the Ministry of transport of Ukraine 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 the revealed violations of the law in the field of licensing allowed by the Ministry of transport of Ukraine.
7.3. The decision on cancellation of the license can be appealed judicially.
8.1. If at the time of check the subject of housekeeping performed the activities which are subject to licensing without license, then the control facility draws up the relevant statement.
8.2. Territorial authorities of State Tax Administration for adoption of relevant decisions are reported about the fact of implementation of economic activity without license.
8.3. Financial sanctions in the form of penalties in the sizes established by the law 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 |
O.P.Apatenko |
|
Head of the security department transport and technical policy |
O. L. Petrashevsky |
to item 2.3 of the Procedure for control of observance of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail
від "___" ________200_р.
№___________
Посвідчення
на право проведення перевірки
Видане голові комісії
________________________________________
(прізвище, ініціали)
та членам комісії:
________________________________________
(прізвище, ініціали)
________________________________________
________________________________________
для проведення перевірки суб'єкта господарювання
__________________
(найменування ліцензіата)
__________________________________________________________________
щодо додержання Ліцензійних умов провадження______________________
(вид господарської
__________________________________________________________________
діяльності, що ліцензується)
за період з _______________ 200__ р. до _______________ 200__р.
(число, місяць) (число, місяць)
у термін з _______________ 200__ р. до _______________ 200__р.
(число, місяць) (число, місяць)
________________ місце підпису, печатки ______________________
(посада) (прізвище та ініціали)
Термін продовжено до _______________ 200__ р.
(число, місяць)
________________ місце підпису, печатки _______________________
(посада) (прізвище та ініціали)
to item 2.4 of the Procedure for control of observance of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail
Register of certificates on the right of conducting check of licensees
--------------------------------------------------------------------- |№|Номер|Наимено-|Местона-|Состав|Срок |Регист- |Вид |Подпись | |п|удос-|вание |хождение|комис-|прове-|рационный|проверки|председ.| |/|тове-|лицензи-|лицен- |сии |дения |номер |(плано- |комиссии| |п|рения|ата |зиата | |прове-|приказа |вая, | | | | | | | |рки |(распоря-|внепла- | | | | | | | | |жения) |новая) | | | | | | | | | | | | | | | | | | | | | | |-+-----+--------+--------+------+------+---------+--------+--------| |1| 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | ---------------------------------------------------------------------
to item 6.1.1 of the Procedure for control of observance of Licensed conditions of implementation of economic activity concerning provision of services on transportation of passengers, loads by rail
Inspection statement of observance by the subject of housekeeping of licensed conditions
от "__"______ 200_ г. №____
______________________________________________________________________
(наименование населенного пункта, где проводится проверка)
(номер и дата удостоверения)
Председатель комиссии ___________________________________________
(должность, фамилия, инициалы)
члены комиссии:__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
При участии представителя (-ей)_______________________________________
(наименование органа, должность, фамилия,
инициалы)
с "___"________ 200_ г. по ___"________ 200_ г.
У____________________________________________________________________,
(наименование субъекта ведения хозяйства)
идентификационный код (номер) _______________________________________,
местонахождения _____________________________________________________,
место осуществления деятельности ____________________________________,
свидетельство о государственной регистрации №_________ от____________,
_____________________________________________________________________,
(наименование органа, его выдавшего)
лицензия: серия _________, №, дата выдачи лицензии __________________,
наименование органа, ее выдавшего ___________________________________,
вид хозяйственной деятельности, которая лицензируется ________________
в присутствии руководителя или уполномоченного представителя
______________________________________________________________________
(должность, фамилия, инициалы руководителя или уполномоченного
представителя субъекта ведения хозяйства)
______________________________________________________________________
проведена проверка деятельности субъекта ведения хозяйства по вопросам
лицензирования осуществления определенного вида хозяйственной
деятельности.
Проверкой установлено:
______________________________________________________________________
(каждое нарушение, записанное в акте проверки, должно быть
______________________________________________________________________
подкреплено ссылкой на соответствующий нормативно-правовой акт)
______________________________________________________________________
__________________________________________________________________
Акт составлен в двух экземплярах, имеющих одинаковую юридическую силу.
Председатель комиссии _______________________________________
(подпись, инициалы, фамилия)
Члены комиссии: _______________________________________
_______________________________________
_______________________________________
_______________________________________
С Актом ознакомлен и один экземпляр получил:
Руководитель или уполномоченный представитель
лицензиата (юридическое лицо), лицензиат
(субъект предпринимательской деятельности -
физическое лицо), в присутствии которого
проведена проверка __________________________________________________
(подпись, инициалы, фамилия)
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The document ceased to be valid according to the Order of the Ministry of Economic Development and Trade of Ukraine, the Ministry of infrastructure of Ukraine of May 28, 2013 No. 524/320