ORDER OF THE CENTRAL MANAGEMENT OF THE SECURITY SERVICE OF UKRAINE

of January 31, 2011 No. 35

About approval of Licensed conditions of conducting economic activity on development, production of special technical means, for removal of information from communication channels, other means of secret receipt of information, trade in special technical means for removal of information from communication channels, other means of secret receipt of information and the Procedure for control of observance of Licensed conditions

According to article 10 of the Law of Ukraine "About the Security Service of Ukraine", Articles 6, of 8, of Item 9 parts three of Article 9, of article 20 of the Law of Ukraine "About licensing of certain types of economic activity", the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity", the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 N 1698 "About approval of the list of bodies of licensing" and for the purpose of ensuring protection of the rights of citizens and safety of the state ORDER:

1. Approve applied:

Licensed conditions of conducting economic activity on development, production of special technical means, for removal of information from communication channels, other means of secret receipt of information, trade in special technical means for removal of information from communication channels, other means of secret receipt of information;

Procedure for control of observance of Licensed conditions of conducting economic activity on development, production of special technical means, for removal of information from communication channels, other means of secret receipt of information, trade in special technical means for removal of information from communication channels, other means of secret receipt of information.

2. In accordance with the established procedure to provide to department of protection of the state secret and licensing of the Security Service of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine.

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

4. To impose control of execution of the order on the vice-chairman of the Security Service of Ukraine according to distribution of functional obligations.

5. To acquaint staff of the Security Service of Ukraine with the order.

Approved by the Order of the Central management of the Security Service of Ukraine of January 31, 2011 No. 35

Licensed conditions of conducting economic activity on development, production of special technical means, for removal of information from communication channels, other means of secret receipt of information, trade in special technical means for removal of information from communication channels, other means of secret receipt of information

I. General provisions

1.1. These Licensed conditions are developed according to the Laws of Ukraine "About licensing of certain types of economic activity", "About the state secret", "About operational search activities", the Resolution of the Verkhovna Rada of Ukraine of 17.06.92 N 2471-XII "About the property right to separate types of property", the Presidential decree of Ukraine, of 13.04.2001 N 256 "About streamlining of production, acquisition and use of technical means, for removal of information from communication channels", resolutions of the Cabinet of Ministers of Ukraine, of 14.11.2000 N 1698 "About approval of the list of bodies of licensing", of 04.07.2001 N 756 "About approval of the list of documents which are enclosed to the application for licensing for separate type of economic activity", of 27.10.2001 N 1450 "About approval of the Regulations on procedure for development, production, realization and acquisition of special technical means, for removal of information from communication channels, other means of secret receipt of information".

1.2. These Licensed conditions determine organizational, qualification, production and other requirements to subjects of housekeeping which accomplishment is obligatory for carrying out economic activity on development, production of special technical means, for removal of information from communication channels, other means of secret receipt of information, trade in special technical means for removal of information from communication channels, other means of secret receipt of information (dalshekhozyaystvenny activities for development, production and trade of STS).

1.3. Action of these Licensed conditions extends to all subjects of housekeeping irrespective of the legal form and pattern of ownership performing economic activity on development, production and trade of STS.

1.4. In case of availability at the subject of housekeeping of branches, separate divisions which will carry out economic activity on development to production and trade of STS, according to the obtained license, management concerning conducting the specified activities by them is performed by the subject of housekeeping, including provides compliance of branches, separate divisions, to these Licensed conditions.

1.5. Documents acceptance, provided for receipt of the license, issue, renewal and cancellation of licenses, issue of copies and duplicates of licenses, decision making about recognition of licenses invalid, conducting licensed cases and licensed registers, control of observance of these Licensed conditions, issue of orders about elimination of violations of Licensed conditions are performed by the Security Service of Ukraine as body of licensing of economic activity on development, production and trade of STS (дальшеорган licensing), according to the procedure and the terms determined by the Law of Ukraine "About licensing of certain types of economic activity".

1.6. In these Licensed conditions terms are used in the following value:

special technical means for removal of information from communication channels, other means of secret receipt of information (STS) technical, software, the equipment, the equipment, devices, devices, medicines and other products intended (specially developed, made, programmed, adapted) for secret receipt of information;

development of STS - all stages of works before serial production, namely: applied scientific research, outline (technical) design and prototyping, creation and production of design and technological documentation, creation and carrying out testing of prototypes, prototypes, creation of the scheme of production, use of design and technological documentation or completion of prototypes, prototypes, by results of testing;

production of STS - the activities connected with release of STS which include all stages of engineering procedure on creation of STS according to developed design and technological documentation, acceptance of results of works with holding actions for quality evaluation and confirmations of conformity;

trade of STS - transactions which are performed under delivery agreements according to the Civil code of Ukraine.

II. Features of licensing of economic activity on development, production and trade of STS

2.1. The body of licensing grants licenses for carrying out economic activity on development, production and trade of STS, in full or partially.

Within type of economic activity on development, production and trade of STS, it is performed partially:

development of special technical means for removal of information from communication channels, other means of secret receipt of information;

production of special technical means for removal of information from communication channels, other means of secret receipt of information;

trade in special technical means for removal of information from communication channels, other means of secret receipt of information.

2.2. The subject of housekeeping which intends to carry out economic activity on development to production and trade of STS, in full or partially submits the application for licensing (appendix 1) in the Security Service of Ukraine.

Documents according to article 10 of the Law of Ukraine "About licensing of certain types of economic activity" and to Item 35 of the List of documents which are enclosed to the application for licensing for the separate type of economic activity approved by the resolution of the Cabinet of Ministers of Ukraine, of 04.07.2001 N 756 are enclosed to the application.

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