LAW OF UKRAINE

of October 2, 2019 No. 139-IX

About modification of some legal acts of Ukraine concerning enhancement of procedure for licensing of economic activity

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Verkhovna Rada of USSR, 1984, appendix to No. 51, the Art. 1122):

Paragraph one of part one of Article 156 to state 1) in the following edition:

"Retail or wholesale trade by alcoholic beverages or tobacco products without brands of the excise tax or with counterfeit brands of this tax";

2) in Article 163-7:

in the paragraph the second shall be replaced with words parts one of the word "from five hundred to one thousand" "from one thousand to two thousand";

in the paragraph the second shall be replaced with words parts two of the word "from one thousand to two thousand" "from two thousand to five thousand";

3) in Article 164:

in paragraph one of part one of the word "or without receipt of the license for implementation of certain type of the economic activity which is subject to licensing according to the law or implementation of such types of economic activity with violation of conditions of licensing, and also without receipt of permission, other document of allowing nature" shall be replaced with words "or without receipt of the license for implementation of type of the economic activity which is subject to licensing according to the law or during suspension of action of the license if the legislation does not provide conditions of implementation of licensed activity during suspension of action of the license, or without receipt of the document of allowing nature";

word part three in paragraph one to "allowing body" shall be replaced with words to "body of licensing, allowing body";

add with parts six and the seventh the following content:

"Violation by the licensee of the time for notification of body of licensing established by the law on change of the data specified in the statement and documents enclosed to the application for receipt of the license

involves imposing of penalty from two hundred fifty to five hundred free minima income of citizens.

Failure to carry out by the licensee of the order about elimination of violations of licensed conditions

involves imposing of penalty from five hundred to one thousand five hundred free minima income of citizens";

In paragraph one of part one of Article 166-8 of the word "or with violation of conditions of licensing" shall be replaced with words 4) "or with violation of procedure for provision of financial services by legal entities which on the legal status are not financial institutions, but provide separate financial services";

The paragraph the fourth to state 5) to part one of Article 166-12 in the following edition:

"not entering into the term established by the law into the licensed register of data which obligatory introduction is stipulated by the legislation in the field of licensing";

Item of 1 part one of Article 255 to add 6) with the paragraph of the following content:

"bodies of licensing (Article 164 in the part concerning offenses in industry of economic activity, licenses for which carrying out are granted by relevant organ of licensing)".

2. In Item "ї" parts one of article 20-2 of the Law of Ukraine "About protection of the surrounding environment" (Sheets of the Verkhovna Rada of Ukraine, 1991, No. 41, Art. 546; 2013, No. 46, Art. 640; 2014, 23, the Art. 873) words of "licenses for carrying out land management and zemleotsenochny works" to exclude No.

3. In the Law of Ukraine "About state regulation of the security market in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1996, No. 51, Art. 292 with subsequent changes):

1) in Article 4:

the second to exclude part;

in part three of the word and figure "accounting of requirements of articles 13 and 19 of the Law of Ukraine "On licensing of certain types of economic activity" shall be replaced with words also in figure "observance of requirements of article 3 of the Law of Ukraine "On licensing of types of economic activity";

Item 9 parts two of article 7 after the words "and also" to add 2) with the words "stops and";

3) in Item 3 of Article 8 of the word "their duplicates and copies," to exclude renewal of the specified licenses.

4. In the Law of Ukraine "About advertizing" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 8, Art. 62; 2008, No. 18, Art. 197; 2009, No. 19, Art. 257; 2010, No. 34, Art. 486; 2012, No. 39, Art. 463; 2017, No. 33, Art. 359):

1) in Article 8:

in part one:

in paragraph eight of the word "which are subject to obligatory certification or" and "certificate" to exclude;

the thirteenth to replace the paragraph with five new paragraphs of such content:

"extend advertizing for the purpose of alienation of construction object and its parts (including residential and non-residential premises) on construction object which is built with use of the non-state funds raised from physical persons and legal entities including in management:

without availability at the customer of construction of the property right or use of the parcel of land on which object which is advertized is built;

without availability at the customer of construction of the right to accomplishment of construction works on specific object which is advertized, received according to the Law of Ukraine "On regulation of town-planning activities";

without availability at the subject of the managing performing construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, licenses for implementation of economic activity on construction of the corresponding objects;

for apartment houses - also without availability at subject of managing which performs attraction of non-state means of physical persons and legal entities including in management for financing of construction of the apartment house, the license for implementation of economic activity on provision of financial services (except professional activity in the security market), namely property administrations for financing of construction objects and/or implementation of real estate transactions according to the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions", or without availability of the registration certificate of release of target bonds, accomplishment of obligations on which is provided with unit of the real estate which is constructed".

With respect thereto the fourteenth to consider the paragraph the paragraph the fifteenth;

the second to state part in the following edition:

"2. Distributors of advertizing cannot extend advertizing if according to the legislation types of activity or goods, their production or realization which are advertized require availability corresponding permission or the license and if in the corresponding registers which are kept by bodies of licensing and allowing bodies there are no data on the corresponding licenses, permissions issued to the advertiser";

Part one of Article 25-1 to state 2) in the following edition:

"1. Advertizing of construction objects for the purpose of alienation of construction object and its parts (including residential and non-residential premises) on construction object which is built with use of the non-state funds raised from physical persons and legal entities including in management, is allowed only:

in the presence the customer has constructions of the property right or use of the parcel of land on which object which is advertized is built;

in the presence the customer has constructions of the right to accomplishment of construction works on specific object which is advertized, received according to the Law of Ukraine "On regulation of town-planning activities";

in the presence at the subject of the managing performing construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects of the license for implementation of economic activity on construction of the corresponding objects;

for apartment houses - also in the presence at subject of managing which performs attraction of non-state means of physical persons and legal entities including in management for financing of construction of the apartment house, the license for implementation of economic activity on provision of financial services (except professional activity in the security market), namely property administrations for financing of construction objects and/or implementation of real estate transactions according to the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions", or in the presence of the registration certificate of release of target bonds, accomplishment of obligations on which is provided with unit of the real estate which is constructed.

Such advertizing shall contain details of the documents determined by this part".

5. In the Law of Ukraine "About protection of public morals" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 14, Art. 192 with subsequent changes):

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