ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE, PUBLIC REGULATORY SERVICE OF UKRAINE

of January 20, 2017 No. 56/5

About approval of form and Procedure for provision of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights

According to article 3 of the Law of Ukraine "About temporary features of implementation of actions of the state supervision (control) in the field of economic activity" we ORDER:

1. Approve enclosed:

form of consent to holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights;

Procedure for provision of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights.

2. To provide to development department of entrepreneurship and regulatory policy of the Ministry of Economic Development and Trade of Ukraine (Gutenko D. V.) in accordance with the established procedure provision 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 and is effective before the termination of term of the Law of Ukraine "About temporary features of implementation of actions of the state supervision (control) in the field of economic activity".

4. We reserve control of execution of this order.

First vice-Prime Minister of Ukraine Minister economic development and trade of Ukraine

S.I.Kubov

Chairman of the Public regulatory service of Ukraine

K. M. Lyapina

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine, the Public regulatory service of Ukraine of January 20, 2017 No. 56/5

Approval form on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights

See the Approval Form on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights (11Kb In original language)

Director of the department of development of entrepreneurship and regulatory policy of the Ministry of Economic Development

D.V.Gutenko

Director of the department of legal work and state supervision and control GRS

A. B. Barbelyuk

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine, the Public regulatory service of Ukraine of January 20, 2017, No. 56/5

Procedure for provision of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights

I. General provisions

1. This Procedure establishes the procedure of provision by the Public regulatory service of Ukraine (further - GRS) approvals on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights or motivated refusal in approval.

2. In this Procedure the terms "state supervision (control)", "actions of the state supervision (control)", "state supervision bodies (control)" are used in the values given in the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity".

3. For receipt of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights the state supervision body (control) within five working days from the date of receipt of such address gives GRS the copy of the corresponding address and the letter with reasons for need of holding such action (further - the appeal of state supervision body (control)).

4. The appeal of state supervision body (control) is registered the relevant structural division of GRS and arrives directly in structural division of GRS responsible for ensuring activities of Council for questions of the state supervision (control) (further - responsible structural division).

5. The appeal of state supervision body (control) shall prove feasibility of holding unplanned action by this body of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights.

6. In case of provision (control) of incomplete document package by state supervision body, specified in Item 3 of this Section, GRS leaves them without consideration what the next working day after receipt of the corresponding address in writing notifies state supervision body (control) with indication of the basis of leaving of the address without consideration on and returns document package.

7. Processing and personal data protection is performed according to the Law of Ukraine "About personal data protection".

II. Procedure for formation of Council for questions of the state supervision (control)

1. For complete and objective examination of questions of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights in GRS Council for questions of the state supervision (control) is formed (further - Council).

Council is advisory advisory body in case of GRS.

2. Council in the activities is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, other regulatory legal acts, and also this Procedure.

3. The main objectives of Council are:

consideration of appeals of state supervision bodies (control) about provision of consent to holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights;

provision of offers of GRS under approval or on motivated refusal in approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights.

4. Council according to the tasks assigned to it:

considers appeals of state supervision bodies (control) on provision of approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights concerning feasibility of holding unplanned action of the state supervision (control);

provides offers of GRS on approval or on motivated refusal in approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights.

The bases for motivated refusal in approval on holding unplanned action of the state supervision (control) are:

absence in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of information about the subject of managing concerning which activities the action is performed;

lack of information in the appeal of state supervision body (control) is relative:

names of the subject of managing - the legal entity and/or his separate division or surname, name and middle name of physical person entrepreneur concerning whose activities the action is performed;

the location of the subject of managing - the legal entity and/or his separate division, the residence of physical person entrepreneur concerning whose activities the action is performed;

questions which need of check became the basis for implementation of unplanned action;

lack of references to regulatory legal acts which regulations are broken.

5. The structure of Council is created in number of no more than 16 people and affirms the order GRS.

Representatives of GRS and from consent representatives of public organizations are part of Council.

Representatives of public organizations are attracted in Council in number of at least a half of its structure.

6. Council is headed by the chairman who on position is the head of GRS.

The chairman of the board has the deputy who is elected members of council from representatives of public organizations. In case of absence of the chairman of its obligation the deputy performs.

7. Form of work of Council are meetings. The meeting is competent in case of presence at least a half of members of council. Meetings are held on Fridays in case of availability of the corresponding appeals of state supervision bodies (control). If Friday falls on holiday which is day off, the meeting of Council is held in the first working day after day off.

8. For the purpose of elimination of manifestations of corruption the member of council shall declare rejection or is subject to branch if it was or is in job or other dependency from the physical person who addressed concerning violation by the subject of managing of its legitimate rights, or from subjects of housekeeping on which the corresponding address, or in the presence of other circumstances raising doubts in impartiality of the member of council arrived.

Branch (rejection) shall be motivated, told Council in writing and shall be considered at the beginning of its meeting.

The decision on removal (rejection) of the member of council is made by a majority vote his members who are present at meeting. The member of council concerning whom the issue of branch (rejection) is resolved does not participate in vote.

In case of allowance of the application about branch (rejection) consideration of the case and decision making are performed without participation of the member concerning which the issue of branch (rejection) is resolved.

III. Preparation and holding meeting of Council

1. Officials of responsible structural division in case of need within two working days from the date of receipt of the appeal of state supervision body (control) invite the representative of this body to participation in meeting of Council. Such invitation is sent by funds of electronic communication for the e-mail postal address specified on the form of the letter of appeal of state supervision body (control).

2. Employees of responsible structural division within a day from the date of receipt of the appeal of state supervision body (control) send scanned copies of appeals of state supervision body (control) with reasons for need of holding unplanned actions of the state supervision (control) means of electronic communication to members of council.

IV. Procedure for holding meeting of Council

1. In day of meeting of Council registration of participants of meeting is performed.

2. Its chairman, and in case of its absence - the vice-chairman presides over meeting of Council.

3. Presiding over meeting:

opens, closes and conducts meetings, provides complete and objective examination of reasonable appeals of state supervision bodies (control);

gives floor for performance to members of council;

provides observance of requirements of this Procedure by all attendees at meeting;

performs other powers according to this Procedure.

4. The invited representatives of state supervision bodies (control) can participate in meetings of Council.

5. The secretary of Council (further - the secretary) is appointed the head of responsible structural division and is not the member of council. The secretary provides organizational activities of Council, including for preparation of the agenda of meetings, reports about the number of the present members of council invited and the present representatives of state supervision bodies (control) at meeting of Council, determines and announces quorum availability.

6. Consideration of questions and decision making by Council are performed jointly.

7. Participants of meeting have the right to ask questions to other participants of meeting, to provide explanations, to make statements, to make offers on provision of the word by it presiding over meeting of Council.

8. All members of council are equal during consideration of questions and decision making at meeting of Council.

Members of council shall:

study the materials submitted for consideration of Council;

participate in vote on the questions submitted for consideration of Council.

9. The chairman at meeting of Council has no right to limit members of council in the right to express.

10. The decision of Council is made in day of meeting by a majority vote of his members and drawn up by the protocol.

11. In case of equality of votes of members of council the voice of the chairman is decisive.

V. Registration of results of meeting of Council

1. The secretary prepares the minutes of Council.

2. In the protocol are specified:

name of Council;

number and date of meeting;

surnames and initials of the chairman and the members of council who are present at meeting;

questions which were considered, and the decisions made on them.

3. The minutes of Council are signed by members of council and the secretary.

4. The decision of Council for consideration of the appeal of state supervision body (control) has advisory nature.

5. Protocols of meetings of Council are stored in responsible structural division.

VI. Procedure for provision of GRS of approval or motivated refusal in approval

1. GRS considers recommendations of Council and provides consent to holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights or motivated refusal in approval taking into account the bases established by the paragraph the second item 4 of the Section II of this Procedure.

2. Approval on holding unplanned action of the state supervision (control) based on the reasonable appeal of physical person about violation by the subject of managing of its legitimate rights or motivated refusal in approval is provided to GRS to state supervision body (control) within five working days from the date of receipt of the corresponding address.

Consent is provided on the GRS form in the approved form.

The motivated refusal in approval is provided on the GRS form with indication of names of state supervision body (control) and the subject of managing and the basis for refusal.

3. In case of lack of quorum at meeting of Council approval on holding unplanned action of the state supervision (control) or motivated refusal in approval is provided to GRS to state supervision body (control) without line item of Council in day when the regular meeting of Council, but taking into account the term determined by article 3 of the Law of Ukraine "About temporary features of implementation of actions of the state supervision (control) in the field of economic activity" owed take place.

4. Approval on holding unplanned actions of the state supervision (control) and/or motivated refusal are published in approval on the official site of GRS in day of their provision.

5. Approval on holding unplanned actions of the state supervision (control) based on reasonable appeals of physical persons about violation by the subject of managing of their legitimate rights and motivated refusals in approval are stored in responsible structural division together with appeals of state supervision bodies (control).

Director of the department of development of entrepreneurship and regulatory policy of the Ministry of Economic Development

D.V.Gutenko

Director of the department of legal work and state supervision and control GRS

A. B. Barbelyuk

 

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