Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship "About approval of Licensed conditions of implementation...

The document ceased to be valid according to the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship of 21.03.2011 No. 23/856/5

It is registered

in the Ministry of Justice of Ukraine

December 28, 2006.

No. 1384/13258

THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP, THE MINISTRY OF JUSTICE OF UKRAINE

of December 27, 2006 No. 115/107/5

About approval of Licensed conditions of implementation of the economic activity connected with collection, processing, storage, protection, use of information constituting credit history

According to articles 8 and 9 of the Law of Ukraine "About licensing of certain types of economic activity", the Law of Ukraine "About the organization of forming and the address of credit stories" we ORDER:

1. Approve Licensed conditions of implementation of the economic activity connected with collection, processing, storage, protection, use of information constituting credit history which are applied.

2. To provide to management of licensing of the State committee of Ukraine concerning regulatory policy and entrepreneurship (Ivanchenko O. B.) in the procedure established by the legislation provision of this order on state registration in the Ministry of Justice of Ukraine.

3. To provide to management of systematization of the legislation and legal information of the Ministry of Justice of Ukraine (Pushengko O. G.) the publication of this order in official mass media.

4. To impose control over the implementation of this order on the First Deputy Chairman of the State committee of Ukraine concerning regulatory policy and entrepreneurship Vashchenko K. O. and deputy minister of justice of Ukraine Gorbunova L. M.

Chairman of the State committee

Ukraine concerning regulatory

politicians and entrepreneurships

A. V. Dashkevich

Minister of Justice of Ukraine

O. V. Lavrinovich

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, the Ministry of Justice of Ukraine of December 27, 2006 No. 115/107/5

Licensed conditions of implementation of the economic activity connected with collection, processing, storage, protection, use of information constituting credit history

1. General provisions

1.1. These Licensed conditions are developed according to the Laws of Ukraine "About the organization of forming and the address of credit stories", "About licensing of certain types of economic activity".

1.2. Licensed conditions determine the list of the organizational, production, qualification and other requirements obligatory for accomplishment when implementing the economic activity connected with collection, processing, storage, protection, use of information constituting credit history.

1.3. In Licensed conditions terms are used in such value:

the applicant - the legal entity whose exclusive activities is collection, storage, use of information constituting credit history which addressed in the procedure established by the Laws of Ukraine "About licensing of certain types of economic activity" and "About the organization of forming and the appeal of credit stories" to body of licensing for receipt of the license for implementation of the economic activity connected with collection, processing, storage, protection, use of information constituting credit history;

the licensee - Bureau of credit histories (further - Bureau) which obtained the license for implementation of the economic activity connected with collection, processing, storage, protection, use of information constituting credit history according to the Laws of Ukraine "About licensing of certain types of economic activity" and "About the organization of forming and the address of credit stories".

Other terms which are used in these Licensed conditions are used in the values determined by the Laws of Ukraine "About licensing of certain types of economic activity" and "About the organization of forming and the address of credit stories".

1.4. Licensed conditions establish the requirements obligatory for accomplishment during all effective period of the license.

1.5. In case of availability at the subject of managing of branches, other separate divisions which will perform the economic activity connected with collection, processing, storage, protection the subject of managing performs of use of information constituting credit history, management of implementation by them of the specified activities, including provides their compliance to these Licensed conditions.

2. Organizational requirements

2.1. For receipt of the license the applicant personally or through the body authorized by it or person files in the Ministry of Justice of Ukraine petition for licensing (appendix 1). Are enclosed to the application for licensing:

1) the Attested copy of the certificate on state registration of the subject of business activity or the copy of the certificate of entering into the Unified state register of the companies and the organizations of Ukraine certified notarially or body which issued the original document;

2) the certificate of bank of payment confirmation of the authorized capital in the amount of which is provided by the Law of Ukraine "About the organization of forming and the address of credit stories";

3) the Provision of Bureau approved by executive body of Bureau.

2.2. The provision of Bureau shall contain rules:

1) collection, study, adjustment and information transfer;

2) provisions of credit reports;

3) storage and information security;

4) maintaining register of requests of credit stories.

2.3. The provision shall be constituted in state language, sheets in it shall be numbered, strung together and ratified the responsible person and the applicant's seal.

2.4. The statement for licensing and documents which are attached to it are accepted according to the inventory (appendix 2) which copy is issued to the applicant with mark about acceptance date of documents body of licensing and the signature of the responsible person.

2.5. At the time of filing of application about licensing the applicant shall answer with it to compulsory provisions:

1) the Bureau is created in the form of economic society according to the legislation taking into account the features determined by the Law of Ukraine "About the organization of forming and the address of credit stories";

2) founders of Bureau can be legal entities who perform activities at least than three years from day of their registration and have no tax arrears and other obligatory payments for the last three years, and also physical persons;

3) in the name of the applicant words of "Bureau of credit histories" are surely specified;

4) the authorized capital of the applicant is created only at the expense of money of founders of Bureau in the amount, it is at least minimum size of the authorized capital of the Bureau determined by the Law of Ukraine "About the organization of forming and the address of credit stories".

2.6. For each branch, each separate division of the licensee which will perform economic activity based on the license obtained by it the licensee shall submit to body of licensing the application for issue of the copy of the license (appendix 3).

2.7. The license (duplicate) or its copy issued by body of licensing cannot be transferred for use to other legal entity for implementation of the activities connected with collection, processing, storage, protection, use of information constituting credit history.

2.8. License effective period, the size and procedure for transfer in the Government budget of Ukraine of payment for licensing (renewal, issue of the copy and duplicate) are determined by the Law of Ukraine "About licensing of certain types of economic activity" and the resolution of the Cabinet of Ministers of Ukraine of November 29, 2000 N 1755 "About effective period of the license for implementation of certain types of economic activity, the sizes and procedure for transfer of payment for its issue".

2.9. In case of the bases for renewal of the license according to article 16 of the Law of Ukraine "About licensing of certain types of economic activity" the licensee shall submit within ten working days to body of licensing the application for renewal of the license (appendix 4) together with the license which is subject to renewal and the relevant documents or their notarially attested copies which confirm the specified changes.

2.10. In case of loss or damage of the license the licensee shall file in body of licensing petition for issue of the duplicate of the license (appendix 5). The document which certifies introduction of payment for issue of the duplicate of the license, and in case of damage - the license, not suitable for use, and the document confirming introduction of payment for issue of the duplicate of the license is enclosed to the application in case of loss of the license.

2.11. The licensee shall:

2.11.1. Place the copies of the license and the licensing of the Provision of Bureau approved by body (certified by the signature of the head and seal of Bureau), except for undressed concerning storage and information security, in the place, available to review, on the location (the location of its branches and other separate divisions).

2.11.2. Publish the Provision of Bureau (except for undressed concerning storage and information security) in official publications within one month from the moment of receipt of the license.

2.11.3. In writing to report to body of licensing about all changes of the data specified in documents which were enclosed to the application for licensing. In case of such changes to submit to body of licensing the corresponding message in writing within ten working days from the moment of emergence of such changes together with documents or their notarially attested copies which confirm such changes.

3. Production requirements

3.1. The licensee shall have documents which confirm:

3.1.1. The property right or uses of the room or building where the economic activity connected with collection, processing, storage, protection, use of information constituting credit history is performed.

3.1.2. The property right or uses of the computer equipment on which information constituting credit history accumulates and stored.

3.2. The room in which activities of Bureau are performed is the house or construction (part of the house or construction) allocated with the building protecting constructions (walls, overlappings) which has separate entrance, is not used at the same time by other legal entities and physical persons, belongs to the licensee on the property rights or uses and shall include surely:

1) the server room (the room in which servers on which are performed accumulating, storage and information processing, constituting credit history are located);

2) the room in which work of the licensee with users is carried out;

3) premises of archive in which documents are stored.

3.3. The room of the server room where databases of the licensee are stored, shall provide their protection against losses or damage and to be equipped:

security and fire-proof alarm system;

fire extinguishing system;

systems of video surveillance;

uninterruptible power supply units which capacity will provide preserving and integrity of information and completion of operation of servers.

3.4. Access to the server room where the computer equipment on which information constituting credit history accumulates and stored is installed, and databases of the licensee shall be protected from unauthorized access for strangers.

The head of the licensee approves the list of authorized persons to which access to the server room, and their job descriptions is allowed.

The head of the licensee designates person responsible for implementation of the production requirements determined by these Licensed conditions.

3.5. The archive shall be equipped with the security and fire-proof alarm system and provide reliable protection against losses or damage of information.

The head of the licensee approves procedure for access to archive and designates person responsible for its observance.

3.6. The licensee, performing activities for collection, processing, storage, protection, use of information constituting credit history shall use system both program technical means and means of communication which provide prevention of leakage, theft, misstatement, counterfeit, unauthorized destruction and copying of information, according to Item 3.10 of these Licensed conditions.

The licensee shall have the equipment and the software which meet the requirements of its activities and amount of information which are processed, and also means of communication (e-mail, phone, the fax).

3.7. For implementation of licensed activities the licensee shall use the software which shall provide:

forming and maintaining credit stories;

forming of credit reports;

accounting of requests of users concerning receipt of credit history for ensuring forming of the register of requests;

accounting of requests of subjects of credit history;

confidentiality and information security which is processed and stored;

possibility of archiving of data for their further storage during the term determined by the Law of Ukraine "About the organization of forming and the address of credit stories".

3.8. For implementation of licensed activities the licensee can use the software which is officially supported (is followed) by person authorized on it and allows further modification of such software by the specified person.

3.9. The structure and structure of program and technical equipment are determined by the licensee independently, proceeding from its opportunities to carry out transactions concerning provision of services according to these Licensed conditions.

Computing capacity of computers, servers and other equipment which are used by the licensee shall be sufficient for work of the software, functions of information security and processing and storage of the necessary amount of information.

3.10. Information processing, constituting credit history, in information, telecommunication and/or information and telecommunication system of the licensee shall be performed using complex system of information security with the confirmed compliance. Creation of complex system of information security and confirmation of its compliance are performed according to the procedure, established by the Law of Ukraine "About information security in information and telecommunication systems".

4. Qualification requirements

4.1. Qualification requirements to the head:

availability of the higher education (economic or legal, or technical in industry of information and adjacent technologies, or educations in industry of management);

the work experience on executive positions is at least 3 years;

lack of criminal record for crimes in the field of economic activity, crime in the field of office activities.

4.2. Qualification requirements to deputy managers:

availability of the higher education (economic or legal, or technical in industry of information and adjacent technologies, or educations in industry of management);

the work experience on executive positions is at least 2 years;

lack of criminal record for crimes in the field of economic activity, crime in the field of office activities.

4.3. Qualification requirements to heads of branches and other structural divisions:

availability of the higher education (economic or legal, or technical in industry of information and adjacent technologies, or educations in industry of management);

the work experience in the specialty is at least 2 years;

lack of criminal record for crimes in the field of economic activity, crime in the field of office activities.

4.4. Qualification requirements to other workers of the licensee are established by the head of Bureau.

4.5. The head provides information security, constituting credit history, timely development of actions necessary for this purpose and creation of system of protection which are assigned to the head (deputy manager) of the licensee, and the head of its branches, other separate divisions which provide creation and operation of system of information security.

4.6. For ensuring the information security constituting credit history, the head of the licensee forms service of information security and control of it. In system concerning information which constitutes credit history the licensee reports to authorized body in the field of information security about attempts and/or the facts of unauthorized actions.

5. Other provisions

5.1. The licensee shall provide storage of information constituting credit history according to the Law of Ukraine "About the organization of forming and the address of credit stories".

Head of department

licensing State

committee of Ukraine on questions

regulatory policy

and entrepreneurships

O. B. Ivanchenko

Department director

legalizations and regulations

activities of bureau credit

stories of the Ministry

justices of Ukraine

O. M. Semerkina