THE ORDER THE MINISTRY OF UKRAINE FOR THE FAMILY, YOUTH AND SPORT

of October 5, 2009 No. 3480

About approval of the Procedure for control of observance of Licensed conditions of implementation of sports and improving and sports activities: organizations and holding sports occupations of professionals and fans of sport; activities for training of athletes for competitions in the different types of sport recognized in Ukraine

According to the Laws of Ukraine "About licensing of certain types of economic activity", "About physical culture and sport", "About the main beginnings of the state supervision (control) in the field of economic activity", the resolution of the Cabinet of Ministers of Ukraine of 17.12.2008 N 1097 "About approvals of criteria on which the risk degree from implementation of economic activity in the field of physical culture and sport is estimated and determines frequency of holding planned actions of the state supervision (control)" ORDER:

1. Approve the Procedure for control of observance of Licensed conditions of implementation of sports and improving and sports activities: organizations and holding sports occupations of professionals and fans of sport; activities for training of athletes for competitions in the different types of sport recognized in Ukraine which is applied.

2. (Artemyev O. K.) to provide to department of physical training and not Olympic sports of the Ministry of Ukraine for family, youth and sport submission of this order on state registration in the Ministry of Justice of Ukraine and publication in mass media.

3. To impose control over the implementation of this order on the deputy minister of Ukraine for family, youth and sport Dutchak M. V.

4. This order becomes effective from the date of its official publication.

 

Approved by the Order of the Ministry of Ukraine for family, youth and sport of October 5, 2009, No. 3480

Procedure for control of observance of Licensed conditions of implementation of sports and improving and sports activities: organizations and holding sports occupations of professionals and fans of sport; activities for training of athletes for competitions in the different types of sport recognized in Ukraine

I. General provisions

Control of observance by licensees of Licensed conditions of implementation of sports and improving and sports activities: organizations and holding sports occupations of professionals and fans of sport; activities for training of athletes for competitions in the different types of sport recognized in Ukraine, N 3399, registered in the Ministry of Justice of Ukraine 16.11.2009 for N 1068/17084 approved by the order of the Ministry of Ukraine for family, youth and sport of 28.09.2009 (further - Licensed conditions), the Ministry of Ukraine for family, youth and sport (further - state control body) within the powers by carrying out scheduled and unscheduled inspections according to the Law of Ukraine "About the main beginnings of the state supervision (control) in the field of economic activity" performs (further - the Law).

II. Organization of checks

2.1. Scheduled inspections of observance by licensees of Licensed conditions are carried out by state control body according to the annual plan of checks approved by state control body till December 1 of year which precedes planned.

2.2. Scheduled inspections are performed in the procedure established by the Law and according to criteria by which the risk degree from implementation of economic activity in the field of physical culture and sport is estimated and frequency of holding the planned actions of the state supervision (control) determined by the resolution of the Cabinet of Ministers of Ukraine of 17.12.2008 of N 1097, is determined and constitute:

concerning licensees with high risk which perform training of athletes for competitions in the sports recognized in Ukraine - not more often than once a year;

concerning licensees with average risk degree which perform the organization and training by physical culture and mass sport, - not more often than once in three years.

2.3. Scheduled or unscheduled inspections shall be performed in the presence of the head, either his deputy, or the authorized person of the licensee.

2.4. The state control body performs scheduled inspections on condition of the written notice of the licensee of their carrying out at least in ten days prior to day of their implementation.

2.5. Check of the licensee which is performed for the first time is carried out from the date of receipt by it of the license before start date of check, the following checks - from date of the previous check before start date of the following check.

2.6. The term of implementation of scheduled inspection cannot exceed fifteen working days, and for subjects small predprinimatelstvapyat of the working days.

Prolongation of term of implementation of scheduled inspection is not allowed.

2.7. The state control body performs unscheduled inspections of observance of Licensed conditions only in cases, the stipulated in Article 6 Laws.

2.8. During unscheduled inspection only those questions which need of check became the basis for its implementation, with obligatory specifying of these questions in the certificate on carrying out unscheduled inspection become clear.

2.9. The licensee shall get acquainted with the basis of carrying out unscheduled inspection with provision to it the copy of the relevant document that is the basis for its carrying out.

2.10. The term of implementation of unscheduled inspection cannot exceed ten working days, and small business entities - two working days.

2.11. Prolongation of term of implementation of unscheduled inspection is not allowed.

2.12. For implementation of scheduled (unplanned) inspection the state control body issues the order which shall contain the name of the licensee concerning which there will be the performed check, and check subject.

2.13. Based on the order on the form of state control body the certificate on conducting check is drawn up (farther the Certificate) (appendix 1).

2.14. The certificate is effective only during the check implementation term specified in it.

2.15. Before implementation of scheduled (unplanned) inspection officials of state control body shall show to the head of the licensee or the person Certificate authorized by it and the official ID which certifies the official of state control body and to provide to the licensee the copy of the Certificate.

2.16. The state control body performs scheduled (unplanned) inspections within the powers provided by the Law.

III. Rights and obligations of the licensee

3.1. The licensee during check has the right:

1) to demand from officials of state control body observance of requirements of the legislation;

2) to check availability at officials of state control body of the official ID and to receive the copy of the certificate on conducting scheduled (unplanned) inspection;

3) not to allow officials of state control body to check if:

check is performed with violation of requirements concerning frequency of conducting the checks provided by the Law;

officials of state control body did not provide the copy of the certificate on implementation of check or the copy of the document which is the basis for carrying out unscheduled inspection or if the provided documents do not meet the requirements of the Law;

4) to be present during check;

5) to require nondisclosure of information which is trade secret of the licensee;

6) to receive and get acquainted with the inspection statement;

To provide 7) in writing the explanations, notes or objections to the inspection statement;

8) to appeal wrongful acts of state control body and its officials in the procedure established by the law.

3.2. The licensee during scheduled (unplanned) inspection shall:

allow officials of state control body to implementation of check under conditions of observance of procedure of the state control provided by the Law;

provide documents, explanations, references, data on the questions arising during check;

receive copy of the inspection statement of state control body by results of scheduled (unplanned) inspection or the order about elimination of the found violations of Licensed conditions.

IV. Procedure for conducting check

4.1. During check officials of state control body check observance by the licensee of requirements of Licensed conditions.

4.2. Officials of state control body check availability at licensees:

1) Licensed conditions;

2) the original of the license (the copy of the license for each separate division of the licensee in the place of implementation of the activities certified by body of licensing);

3) certificates on state registration of the subject of business activity, the certificate of entering of the subject of business activity into the Unified state register of the companies and organizations of Ukraine (for legal entities);

4) documents which confirm creation of branches, other isolated structural divisions of the licensee (the charter, regulations on division and so forth);

5) documents in the field of employment relationships (the staff list, job descriptions, orders (order) on transfer (dismissal) of workers, employment contracts (contracts));

6) copies of diplomas, certificates (certificates) issued by accredited educational institutions which confirm availability at the licensee (the physical person - the subject of business activity) of workers of the licensee (both legal entities, and physical persons - subjects of business activity) which directly conduct pedagogical, educational and training and sports and improving work, vocational education or preparation;

7) documents (the certificate, the certificate, the reference) which confirm advanced training, qualification category of the licensee (the physical person - the subject of business activity), workers of the licensee (legal and physical litssubjekt of business activity) who conduct pedagogical, educational and training and sports and improving work, in accredited educational institutions;

8) the document of the local body of sanitary and epidemiologic service confirming compliance to sanitary standards of sports construction of the licensee in which sports and improving and sports activities will be performed;

9) the documents (provision, instructions, other acts, which are effective within sports construction) confirming implementation of actions for ensuring fire safety in sports construction;

10) passports of the sports construction approved by the corresponding local executive body on physical culture and sport;

11) the document which confirms the property right or uses of sports construction for implementation of sports and improving and sports activities (the lease agreement, the purchase and sale agreement, the certificate on the property right and so forth);

12) the working program of the sports and improving and sports work approved by the licensee and approved by accredited educational institution in the field of physical culture and sport;

13) the documents and materials (the relevant orders, work plans, methodical recommendations, registers, briefings, questionnaires and so forth) confirming observance of requirements of the legislation concerning safety of life and health of athletes and users of sports and improving services, informing them concerning rules of hygiene, the prevention of injuries, first aid and development in them of practical skills in safe engineering during sports and improving and sports occupations, trainings;

14) documents (the passport, the manufacturer's certificate of origin and so forth) which confirm compliance of sports equipment, the equipment and stock to standards (rules, regulations) approved by the international or national sports federations and registered in relevant international organizations or in the State committee of Ukraine concerning technical regulation and consumer policy;

15) the report on physical culture and sport on the form 2-FK (annual) approved by the order of the Ministry of Ukraine for family, youth and sport of 05.09.2008 N 3658 "About approval of form of the reporting N 2-FK (annual) "The report on physical culture and sport" and to the Instruction for its filling" registered in the Ministry of Justice of Ukraine 01.10.2008 for N 919/15610, given to local executive body concerning physical culture and sport;

16) documents which confirm informing sports and improving and sports services by the licensee of users concerning passing of medical examination by them in medical and sports dispensary or other medical institution (the questionnaire, the application blank, the medical certificate);

17) documents which confirm informing by the licensee of users of sports and improving services and athletes on voluntary insurance from accidents during sports and improving occupations and trainings;

18) copies of written messages to state control body about all changes of the data specified in documents which were enclosed to the application for licensing (in case of their introduction);

19) advertizing of sports and improving and sports activities of the licensee (newspapers, posters, booklets, announcements, prospectuses, invitations, other promotional materials) in case of its implementation.

4.3. Officials of state control body check observance of requirements of rather information support of sports and improving and sports activities, namely placement in sports construction:

1) outside sign with indication of the name (logo);

2) information on institution operating mode (at entrance);

3) information in case of planned closing of the room (repair, sanitary processing, change of the location, suspension of sports and improving and sports activities and so forth) at entrance to the room;

4) the copies of the license and Licensed conditions located in a visible place;

5) information about workers of the licensee (surname, name, middle name of the head, trainers, instructors, their educational and qualification level);

6) numbers of contact telephone numbers, faxes of the licensee;

7) information on conditions of provision of fizkulturnoozdorovitelny and sports services, the rights, obligations and rules of conduct of users and athletes during sports and improving and sports occupations, trainings;

8) information on the location of the first-aid kit of the first aid (placed in a visible place) and first-aid kits of the first aid completed with necessary medicines and dressings, necessary sanitary and educational literature;

9) directory materials concerning sports and improving and sports activities, including literature for the sports recognized in Ukraine, valueology, rehabilitation, recreation and so forth.

4.4. Officials of state control body check procedure for document storage, connected with conducting sports and improving and sports activities, according to requirements of regulatory legal acts of the State committee of archives of Ukraine.

4.5. Officials of state control body check activities for training of athletes for competitions in the different types of sport recognized in Ukraine, in particular relatively:

1) enhancements of sports skill of athletes, creations for them and trainer's structure of proper conditions for educational and training process (the analysis of calendars of sports competitions and regulations on them, educational and training programs, individual plans of training of athletes, dynamics of participation of athletes in different competitions, the solution of material questions, providing athletes with necessary sportswear and the equipment and so forth);

2) ensuring obligatory passing of systematic dispensary survey of athletes and implementation of medical control during educational and training process; providing with proper conditions for carrying out sports rehabilitation;

3) availability of the contract on compulsory insurance of athletes of the highest categories with the insurer who obtained the corresponding license;

4) the admission of team on sports and certain athletes to participation in sports and mass actions, competitions only in the presence of the requests certified by medical and sports dispensary or other medical institution, agreements on insurance or insurance policies (in case of their availability).

V. Procedure for registration of results of check

5.1. By results of implementation of scheduled (unplanned) inspection the official of state control body draws up the inspection statement of observance by the licensee of Licensed conditions (further - the act).

5.2. In the act the condition of accomplishment by the licensee of Licensed conditions, and in case of failure to carry out - the detailed description of the found violation is specified with reference to the relevant requirement of the legislation.

5.3. The statement is drawn up in duplicate which are signed by officials of state control body and the licensee or person authorized by it in the last day of check: one copy of the inspection statement is handed to the head of the licensee (licensee) or person authorized by it, the second - is stored in state control body.

5.4. If the licensee does not agree with the act, it signs the act with notes.

5.5. Notes of the licensee concerning implementation of check is integral part of the statement which is drawn up by the official of state control body.

5.6. In case of refusal the licensee to sign the act the official of state control body makes the corresponding record in such act.

5.7. The found violations fixed in the act shall be confirmed with references to specific Items, Sections, Articles of the existing regulatory legal acts.

5.8. Based on the statement which is drawn up by results of scheduled inspection during which violation by the licensee of Licensed conditions is revealed within five working days from the date of completion of check by state control body the order is constituted (appendix 2) or is made on elimination of the violations found during conducting check the decision on cancellation of the license.

The order can be appealed in the procedure established by the legislation.

5.9. The licensee which received the order about elimination by it of the found violations of Licensed conditions shall submit to the time established on hand to state control body information on elimination of violations.

5.10. In case of failure to provide by the licensee information on elimination of the found violations of Licensed conditions the state control body performs unscheduled inspection of such licensee and, in case of identification of failure to carry out by the licensee of the order about elimination of violations, draws up the statement of failure to carry out of the order of elimination of violations of Licensed conditions.

VI. Cancellation of the license

6.1. 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 the physical person - the 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 sports and improving and sports activities;

the act of not giving 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 refusal of the licensee in conducting check by body of licensing;

impossibility of the licensee to provide accomplishment of Licensed conditions.

6.2. The decision on cancellation of the license is made by state control body 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 not later than three working days from the date of its acceptance.

6.3. Question of cancellation of the license based on the act of not giving 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 sports and improving and sports activities; the act of failure to carry out of the order of elimination of violations of Licensed conditions is considered by state control body with the obligatory invitation of the head of the licensee (licensee) or his representatives.

6.4. The decision on cancellation of the license becomes effective in ten days from the date of its acceptance.

6.5. Record about date and number of the decision on cancellation of the license is entered in the licensed register of state control body not later than the next working day after entry into force of the decision on cancellation of the license.

6.6. In case of cancellation of the license based on the act of further violation by the licensee of Licensed conditions; the act of not giving 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 sports and improving and sports activities; the act of failure to carry out of the order of elimination of violations of Licensed conditions the subject of managing can obtain the new license for the right of implementation of sports and improving and sports activities not earlier than in year from acceptance date state control body of the decision on cancellation of the previous license.

 

Appendix 1

to the Procedure for control of observance of Licensed conditions of implementation of sports and improving and sports activities: organizations and holding sports occupations of professionals and fans of sport; activities for training of athletes for competitions in the different types of sport recognized in Ukraine

 
                      Государственный Герб Украины
        
        МИНИСТЕРСТВО УКРАИНЫ ПО ДЕЛАМ СЕМЬИ, МОЛОДЕЖИ И СПОРТА
                        Минсемьямолодежьспорт
        
                 ул. Эспланадная, 42, г. Киев, 01601
                      телетайп "Теннис" 131866,
           факс: (044) 289-12-94, тел. 289-03-66, 289-12-64
                    E-mail:correspond@msms.gov.ua
  _________________________________________________________________
  _________________________________________________________________
        
                     ______________ N ___________
                     на N _______________________
        
        
                 УДОСТОВЕРЕНИЕ НА ПРОВЕДЕНИЕ ПРОВЕРКИ
    за соблюдением лицензиатом Лицензионных условий осуществления
       физкультурно-оздоровительной и спортивной деятельности:
     организации и проведения спортивных занятий профессионалов и
      любителей спорта; деятельности по подготовке спортсменов к
    соревнованиям по различным видам спорта, признанным в Украине
        
     Выдано должностному(ым) лицу(ам) Минсемьямолодежьспорта__________
______________________________________________________________________
                 (должность, фамилия, имя и отчество)
в соответствии с приказом Минсемьямолодежьспорта от _____ 20___ N ____
для проведения плановой (внеплановой) проверки лицензиата_____________
_____________________________________________________________________,
         (наименование (фамилия, имя и отчество) лицензиата)
     местонахождение лицензиата (его обособленного подразделения)
_____________________________________________________________________,
место осуществления деятельности _____________________________________
______________________________________________________________________
     Тип мероприятия _________________________________________________
                                (плановый, внеплановый)
     за период с "___"__________20___ года по "___" ________20___ года
     в срок с "____"__________20___ года по "____" ________20___ года
          (дата начала проверки)        (дата окончания проверки)
     Основание   для   осуществления  плановой (внеплановой) проверки:
______________________________________________________________________
     Предмет плановой (внеплановой) проверки:  соблюдение  лицензиатом
Лицензионных   условий  осуществления  физкультурно-оздоровительной  и
спортивной деятельности: _____________________________________________
______________________________________________________________________
     Информация об  осуществлении  предыдущей  плановой  (внеплановой)
проверки и срок ее осуществления _____________________________________
        
     Заместитель руководителя ___________ ____________________________
                               (подпись)      (инициалы и фамилия)
     М.П. 

Appendix 2

to the Procedure for control of observance of Licensed conditions of implementation of sports and improving and sports activities: organizations and holding sports occupations of professionals and fans of sport; activities for training of athletes for competitions in the different types of sport recognized in Ukraine

 
                      Государственный Герб Украины
        
        МИНИСТЕРСТВО УКРАИНЫ ПО ДЕЛАМ СЕМЬИ, МОЛОДЕЖИ И СПОРТА
                        Минсемьямолодежьспорт
        
                             РАСПОРЯЖЕНИЕ
            ___ __________ 20___ года            N _______
        
      Об устранении обнаруженных нарушений Лицензионных условий
       осуществления физкультурно-оздоровительной и спортивной
      деятельности: организации и проведения спортивных занятий
    профессионалов и любителей спорта; деятельности по подготовке
        спортсменов к соревнованиям по различным видам спорта,
                         признанным в Украине
        
     По результатам плановой (внеплановой) проверки лицензиата _______
______________________________________________________________________
______________________________________________________________________
       (наименование (фамилия, имя, отчество), местонахождение)
        
     лицензия: серия _______ N ______,
     выдана "____" ___________20______ года
     на осуществление ________________________________________________
     Согласно акту проверки от "___"_____________ N _________________,
     проведенной ____________________________________________________,
     (должность, фамилия, имя, отчество должностного(ых) лица(ц)
                       Минсемьямолодежьспорта,
_____________________________________________________________________,
                 которое(ые) осуществило(и) проверку)
были обнаружены такие нарушения Лицензионных условий:_________________
______________________________________________________________________
     ОБЯЗЫВАЮ:
     В срок   до   "____"   ____________   20____    года    устранить
вышеупомянутые    нарушения    Лицензионных   условий   и   подать   в
Минсемьямолодежьспорт информацию об устранении нарушений.
     В случае   невыполнения   данного   распоряжения   или  в  случае
установления факта повторного аналогичного  нарушения  лицензия  будет
аннулирована.
        
     Заместитель руководителя ___________ ____________________________
                               (подпись)      (инициалы, фамилия)
     М.П. 

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