It is registered
Ministry of Justice of Ukraine
December 26, 2003
No. 1235/8556
of December 15, 2003 No. 131/975
About approval of the Procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers and loads by river, sea transport
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 on provision of services on transportation of passengers and loads by river, sea transport which is applied.
2. To inspection department and authorization system Gospredprinimatelstva of Ukraine (Apatenko O. P.), to State department of sea and river transport (Skvortsov G. P.) in accordance with the established procedure to provide provision of this order on state registration in the Ministry of Justice of Ukraine.
3. (Skvortsov G. P.) to provide to State department of sea and river transport the publication of this order in mass media.
4. To impose control over the implementation of this order on the vice-chairman Gospredprinimatelstva of Ukraine Tretyakov S. I. and director of State department of sea and river transport Skvortsov G. P.
|
Chairman of the State committee Ukraine concerning regulatory politicians and entrepreneurships |
I.G.Bogoslovskaya |
|
Minister of Transport of Ukraine |
G. M. Kirpa |
No. 131/975 is approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, the Ministry of transport of Ukraine on December 15, 2003
1.1. The procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers and loads by river, sea transport (control daleeporyadok) is developed according to:
The law of Ukraine "About licensing of certain types of economic activity";
The law of Ukraine "About transport";
Presidential decree of Ukraine of 25.05.2000 N721 "Questions of the State Committee of Ukraine concerning Regulatory Policy and Entrepreneurship";
resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 N1698 "About Approval of the List of Bodies of Licensing";
resolution of the Cabinet of Ministers of Ukraine of 04.07.2001 N756 "About Approval of the List of Documents Which Are Enclosed to the Application for Licensing for Separate Type of Economic Activity";
the order of the State committee of Ukraine concerning regulatory policy and entrepreneurship and the Ministry of transport of Ukraine of 30.01.2002 N11/50 "About Approval of Licensed Conditions of Implementation of Economic Activity on Provision of Services on Transportation of Passengers and Loads by River, Sea Transport" registered in the Ministry of Justice of Ukraine on February 15, 2002 for N152/6440.
1.2. The procedure for control extends to all subjects of managing irrespective of their form of business and patterns of ownership which perform activities for provision of services for transportation of passengers and loads by river, sea transport and obtained the license for this type of economic activity (daleelitsenziata).
1.3. Control of observance by licensees of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers and loads by river, sea transport (daleelitsenzionny conditions) performs State department of sea and river transport (Ukrmorrechflot) as body of licensing, according to the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 of N1698 "About Approval of the List of Bodies of Licensing", the State committee of Ukraine concerning regulatory policy and entrepreneurships (Gospredprinimatelstva) and his territorial authorities - specially authorized body concerning licensing determined by the Regulations on the State committee of Ukraine concerning regulatory policy and entrepreneurship approved by the Presidential decree of Ukraine of 25.05.2000 of N721/2000 (further - control facilities), by carrying out scheduled and unscheduled inspections.
2.1. Scheduled inspections of observance by licensees of Licensed conditions are carried out by control facilities not more often than once a year according to the annual plan of checks which affirms the order of control facility. Annual plans of checks of Ukrmorrechflot are approved with Gospredprinimatelstva of Ukraine.
2.2. Unscheduled inspections are performed by control facilities based on receipt in it in writing statements (message) on violation by licensees of Licensed conditions or for the purpose of check of accomplishment of orders about elimination of violations of Licensed conditions.
2.3. For conducting check the control facility issues the order (order) on creation of the commission, appointment of the chairman and members of the commission and issues to the commission chairman the certificate on conducting check of the licensee (appendix 1) which is signed by the head of control facility (his deputy) and makes sure seal.
2.4. Orders (orders) and certificates are registered in separate registers of certificates on conducting checks of licensees (appendix 2) which pages shall be numbered, strung together and under seal.
2.5. The control facility in writing reports to the licensee about conducting planned inspection not later than in five working days prior to conducting check.
2.6. 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, the review period can be prolonged to twenty working days.
2.7. As experts can be involved in participation in check employees of other companies of industry, specialists central and local executive bodies, local government bodies (in consent).
The chairman and members of the commission have the right:
access to the territory, to vessels, to production and other rooms of licensees for inspection and clarification of the questions which are directly connected with check;
study documents, necessary for conducting 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 as regulatory legal acts of Ukraine;
to objectively display the state of affairs concerning observance by licensees of Licensed conditions;
provide nondisclosure of the state and other stipulated by the legislation secret.
The chairman and members of the commission bear responsibility according to the legislation of Ukraine 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 which violate the law of Ukraine.
6.1. At the beginning of check the commission chairman shall show to the head (authorized representative) of the licensee (legal entity), the licensee (to the physical person - the subject of business activity) the certificate on conducting check and identity documents of the chairman and members of the commission.
6.2. The licensee when checking observance of Licensed conditions by it provides all documents, necessary for conducting check, and provides conditions for its carrying out.
6.3. During check of the licensee the commission checks:
observance of Licensed conditions;
compliance of activities which are performed by the licensee, to constituent documents and requirements of the legislation;
timeliness of renewal of licenses;
timeliness of provision of the message to body of licensing about change of the data specified in documents which were enclosed to the application for licensing;
timeliness of the message to body of licensing and body of state registration in which it is registered the licensee, about change of the location, form of business, pattern of ownership, the name and so forth;
compliance of the data provided in the license, to the data specified in the certificate on state registration of subjects of managing and in constituent documents;
accuracy of the data in the documents filed by the subject of managing for receipt of the license;
availability of the fact of transfer of the license or its copy to other legal entity or physical person for implementation of economic activity;
availability of certificates, certificates, agreements and other documents which the licensee according to requirements of Licensed conditions shall have;
qualification of workers of the licensee according to requirements of Licensed conditions;
accomplishment of orders about elimination of violations of Licensed conditions;
in case of lack of the license, availability of the certificate of adoption of the statement for renewal of the license or about adoption of the statement for issue of the duplicate of the license.
7.1. By results of check the inspection statement of observance by the licensee of Licensed conditions is drawn up (appendix 3).
7.2. The inspection statement is drawn up in duplicate. All copies are signed by persons who performed. One copy of the act is issued to the head (authorized representative) of the licensee (legal entity), the licensee (the physical person - the subject of business activity) who was checked, the second is stored in control facility which performed check.
7.3. The head of the licensee (legal entity) or his authorized representative personally certifies that it is informed of the inspection statement and received one copy, appends the signature, date and seal.
The licensee (physical person) certifies that it is informed of the inspection statement and received one copy, appends the signature, date and seal (in case of its availability).
7.4. In case of refusal the licensee from signing of the inspection statement the commission chairman makes the corresponding entry that the licensee is informed of the act and refused signing.
The head of the licensee or his authorized representative (legal entity), the licensee (the subject of business activity - physical person) 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 inspection statement.
7.5. The violations stated in the inspection statement shall have the reference to specific Items, Sections, Articles of regulatory legal acts. Any statement or interpretation of requirements of regulatory legal acts is not allowed.
7.6. It is forbidden to include in the inspection statement of the data on violations which are not documented.
7.7. In case of creation of obstacles from the licensee concerning conducting check such actions are displayed in the inspection statement.
7.8. In case of identification of violations the control facility not later than ten working days from the date of creation of the inspection statement of observance by the licensee of Licensed conditions issues the order about elimination of violations of Licensed conditions or the body of licensing makes the decision on cancellation of the license.
7.9. In case of elimination of the violations of Licensed conditions found by check before adoption of the order about their elimination and provision to control facility of the relevant documents in writing, the order about elimination of violations of Licensed conditions is not published.
7.10. The licensee which received the order about elimination of violations of Licensed conditions shall provide their elimination and in writing to give to the time established on hand to body which issued this order, documentary confirmation of elimination of violations.
7.11. In case of failure to carry out by the licensee of the order about elimination of the found violations of Licensed conditions the control facility draws up the statement of failure to carry out of the order of elimination of the found violations of Licensed conditions that is the basis for cancellation of the license. Such statement is drawn up by results of check.
7.12. In case of conducting check by control facility Gospredprinimatelstva or his territorial authorities and identification of the fact of failure to carry out of the order about elimination of violations of Licensed conditions, the statement of failure to carry out of the order of elimination of violations of Licensed conditions is drawn up and its attested copy is sent to Ukrmorrechflot with the offer on cancellation of the license.
7.13. Ukrmorrechflot 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.
7.14. The bases for cancellation of the license are:
statement of the licensee for cancellation of the license;
act of further violation by the licensee of Licensed conditions;
decision on cancellation of state registration of the subject of managing;
notarially attested copy of the death certificate of physical person subject of business activity;
the act of detection of false information in the documents filed by the subject of managing for receipt of the license;
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 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 of elimination of the found violations of Licensed conditions;
impossibility of the licensee to provide accomplishment of the Licensed conditions established for certain type of economic activity.
7.15. Ukrmorrechflot makes the decision on cancellation of the license within ten working days from the date of establishment of the bases for cancellation of the license which is handed (is sent) to the licensee with indication of the cancellation bases not later than three working days from the date of its acceptance.
7.16. The decision on cancellation of the license is sent to the licensee with delivery under the personal signature or the registered mail.
7.17. The decision on cancellation of the license is registered in register of statements and the granted licenses.
7.18. Consideration of questions 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 managing 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; the act of failure to carry out of the order of elimination of violations of Licensed conditions it is performed by Ukrmorrechflot with the obligatory invitation of the licensee or his representatives.
7.19. Ukrmorrechflot shall have the written confirmation (the assurance of receipt of the letter prevention) concerning informing the licensee on time and the place of consideration of question of cancellation of its license.
7.20. In case of absence of the licensee or his representatives consideration of question of cancellation of the license is performed without their participation.
7.21. Consideration of question of cancellation of the license in case of further violation by the licensee of Licensed conditions is performed in the presence of such documents:
the inspection statement about further violation by the licensee of Licensed conditions;
act of the previous check of violation by the licensee of Licensed conditions;
the order about elimination of the found violations of Licensed conditions;
orders (orders) based on which checks were performed.
7.22. The decision on cancellation of the license becomes effective in ten days from day of its acceptance.
7.23. Record about the basis, date and number of the decision on cancellation of the license is entered by Ukrmorrechflot in the licensed register not later than the next working day after entry into force of the decision on cancellation of the license.
7.24. 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 managing for receipt of the license, 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 failure to carry out of the order of elimination of the found violations of Licensed conditions the subject of managing can obtain the new license for the right of implementation of this type of economic activity not earlier than in year from decision date Ukrmorrechflot about cancellation of the previous license.
8.1. The licensee has the right according to the legislation of Ukraine to appeal in court of action of the chairman and members of the commission who performed, and also decisions on cancellation of the license.
8.2. If the licensee within 10 days from day of decision making about cancellation of the license makes the complaint in expert and appeal council in case of Gospredprinimatelstva of Ukraine, action of this decision of Ukrmorrechflot stops before adoption of the relevant decision Gospredprinimatelstva of Ukraine. Expert and appeal council informs Ukrmorrechflot on receipt of such claim.
8.3. The decision of expert and appeal council on questions of addresses is the basis for the edition the State committee of Ukraine concerning regulatory policy and entrepreneurship of the order about elimination of the violations of the law in the field of licensing allowed by body of licensing.
8.4. The licensee shall:
assist the commission in performance of works, connected with conducting check;
provide documents, necessary for conducting check, for acquaintance;
provide copies (photocopy) of necessary documents;
provide the commissions written explanations on the questions arising during check.
9.1. If at the time of check the subject of managing performed activities which are subject to licensing, without license, the control facility draws up the relevant statement.
9.2. About the fact of implementation of economic activity without license it is reported to territorial authorities of State Tax Administration for adoption of relevant decisions.
9.3. Financial sanctions in the form of penalties in the sizes established by the current legislation are applied to subjects of managing for implementation of economic activity without license.
|
Director of the department of control and authorization system State entrepreneurships of Ukraine |
O.P.Apatenko |
|
First deputy director State department sea and river transport |
O. G. Stashkevich |
to item 2.3 to the Procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers and loads by river, sea transport
The certificate on conducting check of the licensee
от "__" _______________ 200__г. N __________
Выдано председателю комиссии ____________________________________
(фамилия, инициалы)
и членам комиссии: ___________________________________________________
(фамилия, инициалы)
___________________________________________________
___________________________________________________
для проведения проверки субъекта хозяйствования ______________________
______________________________________________________________________
(наименование лицензиата)
относительно соблюдения Лицензионных условий осуществления
хозяйственной деятельности по предоставлению услуг по перевозке
пассажиров и грузов речным, морским транспортом.
за период с _______________ 200__г. до _______________ 200__г.
(число, месяц) (число, месяц)
в срок с _______________ 200__г. до _______________ 200__г.
(число, месяц) (число, месяц)
_____________________ М.П. __________________________
(должность) (фамилия и инициалы)
Срок продлен до ______________________ 200__г.
(число, месяц)
_____________________ М.П. __________________________
(должность) (фамилия и инициалы)
|
Department director control and allowing systems Gospredprinimatelstva Ukraine |
O.P.Apatenko |
|
First deputy director State department sea and river transport |
O. G. Stashkevich |
to item 2.4 to the Procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers and loads by river, sea transport
Register of certificates on conducting checks of licensees
--------------------------------------------------------------------------------------------------------|
| N |Номер |Наименование|Место |Состав |Срок |Регистрационный|Вид проверки |Подпись |
|п/п |удостовере- |лицензиата |нахождения |комиссии|проведения |номер приказа |(плановая, |предсе- |
| |ния | |лицензиата | |проверки |(распоряжения) |внеплановая) |дателя |
| | | | | | | | |комиссии|
|----+------------+------------+-----------+--------+-----------+---------------+--------------+--------|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
---------------------------------------------------------------------------------------------------------
|
Department director control and allowing systems Gospredprinimatelstva Ukraine |
O.P.Apatenko |
|
First deputy director State department sea and river transport |
O. G. Stashkevich |
to item 7.1 to the Procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers and loads by river, sea transport
Inspection statement of observance by the licensee of Licensed conditions
от "__" ____________ 200__г. N _______
______________________________________________________________________
(наименование населенного пункта, (номер и дата удостоверения))
где проводится проверка)
Председатель комиссии ___________________________________________
(должность, фамилия, инициалы)
члены комиссии: _________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
При участии представителя(-ей) __________________________________
(наименование органа, должность,
фамилия, инициалы)
с "__" _____________ 200__г. до "__" ____________ 200__г.
В _______________________________________________________________,
(наименование субъекта хозяйствования)
идентификационный код (номер) __________________________________,
местонахождение ________________________________________________,
место осуществления деятельности _______________________________,
свидетельство о государственной регистрации N _____ от _________,
______________________________________________________________________
(наименование органа, который его выдал)
лицензия: серия _______, N_____, дата выдачи лицензии _______________,
наименование органа, который ее выдал _______________________________,
вид хозяйственной деятельности, который лицензируется_________________
в присутствии руководителя или уполномоченного представителя _________
______________________________________________________________________
(должность, фамилия, инициалы руководителя или уполномоченного
представителя субъекта хозяйствования)
проведена проверка деятельности субъекта хозяйствования относительно
соблюдения Лицензионных условий осуществления хозяйственной
деятельности по предоставлению услуг по перевозке пассажиров и грузов
речным, морским транспортом.
Проверкой установлено: __________________________________________
______________________________________________________________________
(каждое нарушение, записанное в акте проверки, должно быть
______________________________________________________________________
подтверждено ссылкой на соответствующий нормативно-правовой акт)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Акт составлен в двух экземплярах, которые имеют 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)
М.П.
|
Department director control and allowing systems Gospredprinimatelstva Ukraine |
O.P.Apatenko |
|
First deputy director State department sea and river transport |
O. G. Stashkevich |
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The document ceased to be valid since September 3, 2013 according to Item 1 of the Order of the Ministry of Economic Development and Trade of Ukraine, the Ministry of infrastructure of Ukraine of July 26, 2013 No. 868/519