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Ministry of Justice of Ukraine
August 6, 2013
No. 1333/23865
of July 17, 2013 No. 442
About approval of the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones
According to Articles 6, of 20, of 21 Law of Ukraine "About licensing of certain types of economic activity", the Law of Ukraine "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 November 14, 2000 "About approval of the list of bodies of licensing" I ORDER to No. 1698:
1. Approve the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones that is added.
2. To department of agriculture (Demidov O. A.) provide submission in accordance with the established procedure 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 over the implementation of the order on the deputy minister Davidenko V. M.
Minister
M. V. Prisyazhnyuk
Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine for July 17, 2013 No. 442
1.1. This Procedure determines the legal and organizational principles, the basic principles of implementation of the state supervision (control) in the field of conducting economic activity by carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones.
1.2. Action of this Procedure extends to all subjects of managing (legal entities and physical persons - entrepreneurs) who obtained the license for conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones.
1.3. Control of observance by subjects of managing of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (further - Licensed conditions) performs Minagropolitiki of Ukraine (further - body of licensing) within the powers by carrying out scheduled and unscheduled inspections.
1.4. In this Procedure terms are used in the values given in the Laws of Ukraine "About quarantine of plants" and "About protection of plants".
2.1. Scheduled inspections of observance by licensees of Licensed conditions are carried out by body of licensing according to annual or quarter plans of checks which affirm body of licensing till December 1 of year which precedes planned, or to the 25th day of the last month of quarter which precedes planned.
Conducting planned inspections of subjects of managing which obtained licenses for conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones are performed according to the Law of Ukraine "About the main beginnings of the state supervision (control) in the field of economic activity".
2.2. Plans of conducting checks will be unveiled by bodies of licensing by placement of information on the Internet on the official website of body of licensing.
2.3. The body of licensing performs scheduled inspections on condition of the written message to the licensee about conducting such check not later than in ten days prior to day of its carrying out in the form given in appendix 1 to this Procedure.
2.4. The message is sent by the registered mail or the telephone message or handed personally to the head of the licensee or person authorized by it on receipt.
The licensee has the right not to allow the official of body of licensing to implementation of scheduled inspection in case of non receipt of the message on its carrying out.
2.5. The term of implementation of scheduled inspection cannot exceed fifteen working days, and for small business entities - five working days.
Prolongation of term of implementation of scheduled inspection is not allowed.
2.6. Unscheduled inspections are performed by body of licensing on the bases determined by the Laws of Ukraine "About licensing of certain types of economic activity" and "About the main beginnings of the state supervision (control) in the field of economic activity".
When carrying out unscheduled inspections questions which need of check became the basis for conducting these checks become clear.
2.7. The term of implementation of unscheduled inspection cannot exceed ten working days, and concerning small business entities - two working days.
Prolongation of term of implementation of unscheduled inspection is not allowed.
The licensee is not warned previously about carrying out unscheduled inspection.
3.1. The commission has the right:
require the termination of actions which interfere with check implementation;
access to the territory, to production and other rooms of licensees for their inspection and clarification of the questions which are directly connected with check;
demand from the licensee of elimination of the revealed violations of requirements of Licensed conditions;
receive explanations, references, documents, materials, data on the questions arising during check according to the legislation.
3.2. The commission shall:
be guided in the work as the legislation of Ukraine;
it full, objectively and without prejudice to perform check within the powers provided by the law;
adhere to business ethics in relations with the licensee;
not interfere and not interfere with implementation of economic activity when implementing check if it does not threaten life and human health, does not attract danger of emergence of technogenic situations and the fires;
provide nondisclosure of trade secret of the licensee which becomes available to officials when implementing check;
acquaint the head of the licensee, either his deputy, or person authorized by it with results of check in the terms provided by the law;
give to the licensee consulting help concerning elimination of the revealed violations when implementing check.
4.1. The licensee has the right:
demand from officials of body of licensing observance of requirements of the legislation;
check availability at officials of body of licensing of official IDs and receive copies of certificates on carrying out scheduled or unscheduled inspection;
be present when conducting check;
require nondisclosure of information which is trade secret of the licensee;
provide written explanations, notes or objections to the inspection statement of body of licensing;
receive and get acquainted with inspection statements;
appeal wrongful acts of officials of body of licensing which perform in the procedure established by the law;
not allow officials of body of licensing to conducting check if:
it is performed with violation of requirements concerning frequency of its carrying out;
the official of body of licensing 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 main beginnings of the state supervision (control) in the field of economic activity".
4.2. The licensee shall:
allow officials of body of licensing to implementation of check on condition of observance of procedure of the state control provided by the Law of Ukraine "About the main beginnings of the state supervision (control) in the field of economic activity";
provide documents, explanations, references, data, materials on the questions arising during check;
fulfill requirements of body of licensing concerning elimination of the revealed violations of requirements of Licensed conditions;
receive copy of the inspection statement of body of licensing by results of the carried-out scheduled or unscheduled inspection.
5.1. For implementation of scheduled or unscheduled inspection the body of licensing issues the order which shall contain the name of the licensee concerning which check, subject of check and surname, names and middle names of officials which will perform will be performed.
5.2. Based on the order the certificate on conducting check which is signed by the head or the deputy manager of body of licensing is drawn up and makes sure seal of body of licensing (appendix 2).
5.3. The certificate is registered in register of certificates on conducting check of licensees which pages shall be numbered, strung together and under seal body of licensing (appendix 3).
The certificate is effective only during the check implementation term specified in it.
5.4. Before check the commission chairman shall show to the licensee (authorized person) of the certificate on conducting check and official IDs which certify officials of body of licensing (the chairman and members of the commission) and to provide it the copy of the certificate on conducting check.
When carrying out unscheduled inspection the licensee shall get acquainted with the basis for its carrying out with provision to it the copy of the relevant document.
5.5. The official of body of licensing without certificate has no right to perform check of the licensee to conducting check and the official ID.
5.6. The official of body of licensing before check implementation surely specifies in the magazine of visit of the licensee (in case of its availability) terms and the purpose of visit, position and surname of the chairman and members of the commission of body of licensing, the basis for conducting check. The specified data make sure the signature of the commission chairman of body of licensing.
5.7. Material and technical resources of the licensee, observance of the production, organizational, qualification and other requirements determined by Licensed conditions by it are subject to check.
5.8. The licensee during check of observance of Licensed conditions by it provides conditions for its carrying out and provides upon the demand of officials of body licensing for conducting check:
constituent documents;
the original of the license and the copy or the certificate of adoption of the statement for renewal of the license for conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones;
the documents confirming the property right of the licensee or lease of rooms by it which are necessary for implementation of the corresponding type of economic activity;
accomplishment of orders about elimination of violations of Licensed conditions (in case of their availability);
staff list of the licensee and service records of workers;
job descriptions of workers;
the documents confirming legal relationship of workers with the subject of managing (orders on appointment and employment contracts);
documents on vocational education and admissions (certificates) on the right of the work connected with transportation, storage, application and trade in pesticides and agrochemicals;
documents or verified copies of documents which availability is necessary for conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones.
6.1. By results of scheduled or unscheduled inspection the commission of body of licensing draws up the inspection statement of observance by the licensee of Licensed conditions (appendix 4) in which it specifies condition of accomplishment of Licensed conditions by the subject of managing, and in case of failure to carry out - the detailed description of the revealed violations with the reference to specific Items of Licensed conditions which were violated by the licensee. Any statement or interpretation of requirements of regulatory legal acts is not allowed.
6.2. In the last day checks two copies of the act are signed by the chairman and members of the commission who performed check, and the head of the licensee or person authorized by it.
One copy of the inspection statement is provided to the licensee (authorized by it to person) which was checked, and the second is stored in licensed case in body of licensing.
6.3. The head of the licensee (legal entity) or the authorized person personally certifies that it is informed of the inspection statement and received one copy, puts date, the signature which is sealed it on both copies of the inspection statement. The licensee (the physical person - the entrepreneur) or the authorized person certifies that it is informed of the inspection statement and received one copy, puts date, the signature which is sealed it (in the presence) on both copies of the inspection statement.
6.4. In case of refusal the licensee (authorized person) to sign the inspection statement the commission chairman in the inspection statement specifies that such person is informed of the inspection statement and refused signing. Specified makes sure signatures of the chairman and members of the commission.
The licensee (authorized person) has the right to give written explanations, notes and objections concerning contents of the inspection statement and its carrying out which are integral part of the inspection statement. At the same time on all copies of the inspection statement before the signature of the head of the licensee or its authorized person entry is made: "With notes".
6.5. It is forbidden to enter data on violation which are not documented in the inspection statement.
6.6. In case of identification of violations of Licensed conditions the body of licensing which performed check not later than five working days from the date of creation of the inspection statement issues the order about elimination of violations of Licensed conditions (appendix 5) which not later than five working days from the date of creation of the act goes to the licensee for accomplishment, or makes the decision on cancellation of the license according to article 21 of the Law of Ukraine "On licensing of certain types of economic activity".
6.7. In case of elimination by the licensee of the violations of Licensed conditions specified in the inspection statement before adoption of the order about their elimination and provisions to body of licensing of documents which confirm it and do not need additional check, the order about elimination of violations of Licensed conditions is not issued.
6.8. The licensee which received the order about elimination of violations of Licensed conditions shall in time, determined by this order, in writing to give to body of licensing which issued this order, documentary confirmation of elimination of violations.
6.9. If the licensee documents elimination of violations of Licensed conditions, then accomplishment of the order about elimination of violations of Licensed conditions is not performed.
6.10. In case of non-presentation by the licensee of information on results of accomplishment of the order about elimination of violations of Licensed conditions in body of licensing during established at the disposal of term unscheduled inspection of accomplishment of the order about elimination of violations of Licensed conditions is carried out.
Unscheduled inspection of accomplishment of the order about elimination of violations of Licensed conditions is carried out upon termination of fixed term during which the licensee shall submit information on results of accomplishment of the order on elimination of violations of Licensed conditions to body of licensing.
6.11. The act of failure to carry out of the order of elimination of violations of Licensed conditions which is the basis for cancellation of the license is constituted based on the inspection statement.
6.12. Non-compliance with the production requirements determined in them is considered impossibility of the licensee to provide accomplishment of Licensed conditions.
The act of impossibility of the licensee to provide accomplishment of Licensed conditions which is the basis for cancellation of the license is constituted based on the inspection statement of observance by the licensee of Licensed conditions.
6.13. The body of licensing in case of identification during check of the corresponding violations draws up the statement about:
further violation by the licensee of Licensed conditions;
detection of false information in the documents filed by the subject of managing for receipt of the license;
factual determination of transfer of the license or its copy to other legal entity or physical person for conducting economic activity;
failure to carry out of the order about elimination of violations of Licensed conditions;
impossibility of the licensee to provide accomplishment of Licensed conditions.
6.14. In case of refusal the licensee in conducting check by body of licensing the relevant statement is drawn up (appendix 6) in duplicate.
6.15. By results of checks of licensing by body concerning each licensee the separate packet is created of such documents:
the ordering document of body of licensing on creation of the commission, appointment of the chairman and members of the commission (copy);
the certificate on conducting check (original);
inspection statement;
notes of the licensee to the inspection statement (in case of their availability) which are its integral part (original);
the order of body of licensing about elimination of violations of requirements of Licensed conditions by the licensee (original);
the inspection statement concerning accomplishment (failure to carry out) of the order about elimination of violations of Licensed conditions;
bases for carrying out unscheduled inspection (original).
This documents are stored in licensed case of the licensee.
7.1. The exhaustive list of the bases for cancellation of the license is determined by article 21 of the Law of Ukraine "About licensing of certain types of economic activity".
7.2. The decision on cancellation of the license is made by body of licensing within ten working days from the date of establishment of the bases for cancellation of the license which is handed (goes the registered mail) to the licensee with indication of the bases for cancellation of the license not later than three working days from the date of its acceptance.
7.3. Consideration of questions of cancellation of the license based on 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 conducting economic activity; the act of failure to carry out of the order of elimination of violations of Licensed conditions it is performed by body of licensing with the obligatory invitation of the licensee or his representative.
7.4. In case of absence of the licensee or his representative consideration of questions of cancellation of the license is performed without their participation.
7.5. Consideration of questions of cancellation of the license in case of further violation by the licensee of Licensed conditions is performed in the presence of such documents:
the inspection statement of observance by the licensee of Licensed conditions in which data about repeated (repeated) violation (violations) by the licensee of Licensed conditions are displayed;
act of the previous check of observance by the licensee of Licensed conditions;
orders about elimination of violations of Licensed conditions;
the ordering document based on which the corresponding check was performed.
7.6. In case of cancellation of the license based on the act of further violation by the licensee of Licensed conditions, 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 conducting economic activity, 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 maintaining this type of economic activity not earlier than in year from decision date of body of licensing about cancellation of the previous license.
7.7. The decision on cancellation of the license becomes effective in thirty days from the date of its acceptance, except the decisions on cancellation of licenses made according to the submitted application of the licensee for cancellation of the license and in case of the death of the licensee (the physical person - the entrepreneur) which become effective from the date of their acceptance.
7.8. Extraction from the decision on cancellation of the license goes to the licensee the cover letter with the message on delivery of the mailing.
8.1. In case of representation by the licensee within thirty days from the date of decision making about cancellation of the license of the claim in expert and appeal council under specially authorized body concerning licensing action of this decision of body of licensing stops before adoption of the relevant decision.
8.2. The decision of expert and appeal council concerning the claim of the licensee is the basis for the edition specially authorized body concerning licensing of the order about elimination of the revealed violations of the law in the field of licensing allowed by body of licensing.
8.3. The decision on cancellation of the license can be appealed judicially.
Director of the department of agriculture
O. A. Demidov
to the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (Item 2. 3)
to the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (Item 5. 2)
to the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (Item 5. 3)
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№. of payment order |
Date and number of the certificate |
Name (surname, name, middle name), location (residence) of the licensee |
Surname, name, middle name of the official (authorized person) |
Review period |
Date, number of the ordering document for conducting check |
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1 |
2 |
3 |
4 |
5 |
6 |
to the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (Item 6. 1)
to the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (Item 6. 6)
to the Procedure for control of observance of Licensed conditions of conducting economic activity on carrying out fumigation (disinfecting) the subjects to regulation determined by the Law of Ukraine "About quarantine of plants" which move through frontier of Ukraine and quarantine zones (Item 6. 14)
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The document ceased to be valid since July 17, 2015 according to Item 1 of the Order of the Ministry of Agricultural Policy and Food of Ukraine of June 18, 2015 No. 223