ORDER OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF UKRAINE

of July 2, 2010 No. 429

About approval of the Regulations on procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers, dangerous goods, baggage by road transport

According to article 6 of the Law of Ukraine "About licensing of certain types of economic activity" I ORDER:

1. Approve Regulations on procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers, dangerous goods, baggage by road transport which are applied.

2. The main state inspection on road transport (Mayboroda Yu. M.) provide:

2.1. In accordance with the established procedure provision of this order on state registration in the Ministry of Justice of Ukraine.

2.2. The publication of this order in mass media.

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

4. To impose control over the implementation of this order on the deputy minister of transport and communication of Ukraine Baranov O. G.

Approved by the Order of the Ministry of Transport and Communications of Ukraine of July 2, 2010 No. 429

Regulations on procedure for control of observance of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers, dangerous goods, baggage by road transport

I. General provisions

1.1. This Provision is developed according to the Laws of Ukraine "About licensing of certain types of economic activity", "About the basic principles of the state supervision (control) in the field of economic activity" and "About road transport" and establishes single procedure of control of observance by licensees of requirements of Licensed conditions of carrying out economic activity on provision of services on transportation of passengers, dangerous goods, baggage by road transport (further - Licensed conditions).

1.2. In this Provision terms are used in the value given in the Laws of Ukraine "About licensing of certain types of economic activity" and "About road transport".

1.3. Control of observance by licensees of Licensed conditions is exercised by such control facilities:

body of licensing - the State inspectorate of Ukraine for safety on the land transport (further - Ukrtransinspektion);

territorial authorities of Ukrtransinspektion in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol (further territorial authorities).

1.4. The entire period of such activities since the last scheduled licensed inspection of the subject of managing is subject to control of observance of Licensed conditions in case of continuity of licensed economic activity of carrier.

II. Organization of scheduled and unscheduled inspections of observance by the licensee of Licensed conditions

2.1. Control of observance by licensees of Licensed conditions is exercised by carrying out scheduled and unscheduled inspections of observance by the licensee of Licensed conditions on the location of the licensee and in vehicles which he uses during provision of services on transportation of passengers, dangerous goods, baggage by road transport (further - provision of services on transportation).

2.2. Scheduled inspection of observance by the licensee of Licensed conditions (further - scheduled inspection) is performed for the purpose of establishment of condition of observance by licensees of Licensed conditions.

2.3. Subject of scheduled inspection is compliance of activities of licensees to requirements of Licensed conditions during implementation of economic activity by them on provision of services on transportation.

2.4. Scheduled inspections are carried out by control facilities according to quarter plans of checks which affirm the order of body of licensing to the 25th day of the last month of the quarter preceding planned.

Ukrtransinspektion within ten working days after approval of the scheduled plan of checks provides the copy of the scheduled plan and the order on its approval in Gospredprinimatelstva.

Till December 31, 2010 scheduled and unscheduled inspections of observance by licensees of Licensed conditions are performed taking into account requirements of the resolution of the Cabinet of Ministers of Ukraine of 21.05.2009 No. 502 "About temporary restrictions concerning implementation of actions of the state supervision (control) in the field of economic activity for the period till December 31, 2010".

Plans of conducting checks will quarterly be unveiled by control facilities by placement of information in mass media.

2.5. Actions for conducting planned inspections are performed with frequency according to the Criteria of distribution of subjects of housekeeping on risk degrees of their activities in the field of road transport and determination of frequency of implementation of actions of the state supervision (control) approved by the resolution of the Cabinet of Ministers of Ukraine of 03.09.2008 No. 790.

2.6. The message on conducting planned inspection is sent not later than ten days about day of conducting planned inspection by the registered mail, the telephone message or handed personally to the licensee (physical person), either the head of the licensee (legal entity), or other person authorized on it by constituent documents, the power of attorney, the law and other acts of the civil legislation (further - the licensee and the authorized person respectively), on receipt on copy of the message on conducting planned inspection which remains in control facility.

2.7. The term of conducting planned inspection constitutes no more than fifteen working days, and for subjects small predprinimatelstvapyat of the working days.

2.8. Unscheduled inspections of observance by the licensee of Licensed conditions (further - unscheduled inspection) are carried out by control facilities on the bases determined by the Laws of Ukraine "About licensing of certain types of economic activity" and "About the basic principles of the state supervision (control) in the field of economic activity".

During unscheduled inspections only those questions which need of check became the basis for conducting these checks become clear.

2.9. The term of carrying out unscheduled inspection cannot exceed ten working days, and concerning small business entities - two working days.

2.10. The licensee beforehand is not warned about carrying out unscheduled inspection.

2.11. Unscheduled inspections of accomplishment of the order about elimination of violations of Licensed conditions are carried out no later than one month after the termination of fixed term during which the licensee shall submit to control facility in writing information on results of accomplishment of the order on elimination of violations of Licensed conditions.

2.12. For conducting scheduled (unplanned) inspections control facilities issue the order on formation of the commission on conducting scheduled (unplanned) inspection (further - the commission) in which they are specified the name of the licensee concerning which scheduled (unplanned) inspection, and the term of conducting such check will be performed.

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