ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of February 25, 2011 No. 76

About approval of the Procedure for control of observance of Licensed conditions of conducting economic activity on provision of services on protection of property and citizens

List of amending documents

According to the Laws of Ukraine "About licensing of certain types of economic activity", "About the principles of the state regulatory policy in the field of economic activity", "About the basic principles of the state supervision (control) in the field of economic activity" and resolutions of the Cabinet of Ministers of Ukraine of 14.11.2000 N 1698 "About approval of the list of bodies of licensing" and of 07.07.2010 N 565 "About approvals of criteria on which the risk degree from conducting economic activity in the field of provision of services is estimated connected with protection of the state-owned and other property, and also protection of citizens, and frequency of implementation of planned actions of the state supervision (control) is determined" I ORDER:

1. Approve the Procedure for control of observance of Licensed conditions of conducting economic activity on provision of services on protection of property and citizens which is applied.

2. To provide to department of public safety of the Ministry of Internal Affairs (Petrovsky V.V.) submission of this order on state registration in the Ministry of Justice of Ukraine.

3. To impose control over the implementation of the order on the deputy minister of internal affairs of Ukraine militia major general Ratushnyak V. I.

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

5. Send the order on accessory.

 

Approved by the Order of the Ministry of Internal Affairs of February 25, 2011, No. 76

Procedure for control of observance of Licensed conditions of conducting economic activity on provision of services on protection of property and citizens

1. General provisions

1.1. This Procedure for control is developed according to the Laws of Ukraine "About licensing of certain types of economic activity", "About the principles of the state regulatory policy in the field of economic activity", "About the basic principles of the state supervision (control) in the field of economic activity", resolutions of the Cabinet of Ministers of Ukraine of 14.11.2000 N 1698 "About approval of the list of bodies of licensing" and of 07.07.2010 N 565 "About approval of criteria by which the risk degree from conducting economic activity in the field of provision of services is estimated, connected with protection of the state-owned and other property, and also protection of citizens, and frequency of implementation of planned actions of the state supervision (control)" and Licensed conditions of conducting economic activity on provision of services on protection of property and citizens is determined, N 505, approved by the order of the Ministry of Internal Affairs of Ukraine of 01.12.2009 registered in the Ministry of Justice of Ukraine 25.12.2009 for N 1248/17264, with changes (further - Licensed conditions).

1.2. The procedure for control extends to all subjects of maintaining (legal entities and physical persons - entrepreneurs) farms which obtained licenses of the Ministry of Internal Affairs of Ukraine for conducting economic activity on provision of services on protection of property and citizens (economic activity is farther).

1.3. Control of observance by licensees of Licensed conditions by carrying out scheduled and unscheduled inspections within the powers is performed by the Ministry of Internal Affairs of Ukraine as body of licensing, and head departments, the Departments of MIA, in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol as its structural territorial subdivisions (further - control facilities).

1.4. The procedure for control establishes:

the procedure of the organization and conducting checks concerning observance by subjects of housekeeping (further - licensees) Licensed conditions;

powers of persons performing checks;

rights and obligations of the licensee;

registration of results of check;

control over the implementation of orders about elimination of violations by the licensee of Licensed conditions;

decision making about cancellation of the license.

2. Organization of checks

2.1. Control of observance of Licensed conditions is exercised by carrying out scheduled and unscheduled inspections of the licensee on place of business of the subject of housekeeping or its separate divisions.

2.2. Scheduled inspections of observance by the licensee of Licensed conditions are carried out by control facilities according to the annual or quarter scheduled plan of checks which affirm the ordering document of control facility till December 1 of year, prior planned, or to the 25th day of the last month of quarter, to prior planned.

Within ten working days after approval of the scheduled plan of scheduled inspections the control facility provides its copy and the order on its approval in the State Committee of Ukraine on Regulatory Policy and Entrepreneurship.

Till January 1, 2011 scheduled and unscheduled inspections of observance by licensees of Licensed conditions are performed taking into account requirements of the Law of Ukraine of 15.12.2009 N 1759-VI "About introduction of amendments to some laws of Ukraine concerning simplification of conditions of business in Ukraine" and resolutions of the Cabinet of Ministers of Ukraine of 21.05.2009 N 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" (with changes).

2.3. Unscheduled inspections are performed 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 inspection only those questions which need of check became the basis for implementation of this action, with obligatory specifying of these questions in the certificate on conducting check become clear.

2.4. For conducting check the control facility issues the order on creation of the commission, appointment of the chairman and members of the commission which shall contain the name of the subject of housekeeping concerning which the action, and check subject will be performed.

Based on the order the certificate on conducting check is drawn up (appendix 1) which is signed by the head or the deputy manager of control facility and makes sure seal of control facility.

2.5. The certificate on conducting check is registered in register of certificates on conducting check of licensees (appendix 2) which pages are numbered, proshnurovyvatsya and sealed.

2.6. The control facility performs scheduled inspections on condition of the written notice of the licensee of conducting planned inspection not later than ten days about day of implementation of this action.

The notification on conducting planned inspection (appendix 3) goes to the licensee the registered mail or the telephone message at the expense of means of control facility or is handed personally to the head or the authorized person of the licensee under list.

The licensee is not warned previously about carrying out unscheduled inspection.

2.7. The term of conducting check cannot exceed for:

planned - fifteen working days, and for small business entities - five working days;

unplanned - ten working days, and for small business entities - two working days.

Prolongation of term of carrying out scheduled or unscheduled inspection is not allowed.

2.8. Frequency of implementation of planned actions of the state supervision (control) taking into account risk degree is determined according to Criteria by which the risk degree from conducting economic activity in the field of provision of services is estimated, connected with protection of the state-owned and other property, and also protection of citizens, and frequency of implementation of the planned actions of the state supervision (control) approved by the resolution of the Cabinet of Ministers of Ukraine of 07.07.2010 N 565 is determined.

3. Rights and obligations of the commission and officials of the licensee

3.1. The chairman and members of the commission have the right:

access to the territory, to buildings, constructions and other rooms of the licensee, and/or those which are protected by them, for their inspection and clarification of the questions which are directly connected with check;

meet all documents, necessary for conducting check;

receive copies (photocopy) of documents, necessary for conducting check;

receive from the licensee written explanations on the questions arising during conducting check.

3.2. The chairman and members of the commission shall:

be guided in the work as regulations of the current legislation of Ukraine;

it full, objectively and without prejudice to perform check within powers, stipulated by the legislation;

at any stage of check to accept from officials of the licensee the applications submitted on their initiative, notes, explanations concerning check subject and to perform the questions stated in them about what to specify in the inspection statement;

provide nondisclosure of trade secret which becomes available it during conducting check;

acquaint the head of the subject of housekeeping, either his deputy, or person authorized by it, with results of check;

fulfill other duties provided by part two of article 8 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity".

3.3. Officials of the licensee during implementation of check have the right:

demand from the commission of observance of requirements of the legislation;

check availability at members of the commission of the official ID and receive copies of the certificate on conducting check;

not allow the commission to conducting check if it is carried out with violation of the frequency of conducting checks provided by the law and also if the chairman or the member of the commission did not provide the copy of the certificate on conducting check or the provided document does not meet the requirements of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity";

be present during conducting check;

require nondisclosure of information which is trade secret of the licensee;

receive the inspection statement and get acquainted with it;

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

appeal wrongful acts of the commission in the procedure established by the legislation.

3.4. Officials of the licensee shall:

allow the commission to check on condition of observance of requirements of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity";

promote work of the commission, provide the commission with workplaces;

provide necessary documents and their copies, explanations, references, sheets and other materials, on questions which concern check subject;

receive copy of the inspection statement and order of control facility about elimination of the found violations of Licensed conditions.

4. Procedure for conducting check

4.1. For conducting check the commission chairman shall show to the head of the licensee (legal entity), the licensee (to the physical person - the entrepreneur) or to his authorized representative the certificate on the conducting check and official IDs certifying faces of the chairman and members of the commission and to provide to the subject of housekeeping the copy of the certificate on conducting check.

4.2. The licensee can keep the magazine of visits by representatives of control facilities.

Before implementation of the state supervision (control) the official of state supervision body (control) makes record in the relevant magazine of the subject of housekeeping (in case of its availability).

4.3. In case of refusal of the licensee in conducting check by the commission the statement of refusal of the licensee in conducting check is drawn up (appendix 4) in duplicate.

In the act of refusal of the licensee in conducting check the facts are specified and the corresponding notes (explanations) of the head (officials) of the licensee are attached.

The refusal of the licensee in conducting check is considered:

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