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21 February 2019, 9:30
Everything about unscheduled inspections of licensees' compliance with license requirements

 

The DCS summarized questions from entrepreneurs about verification.

Previously, we already wrote about planned and unscheduled state supervision (control) measures, how an entrepreneur can challenge the results of planned and unscheduled inspections, as well as non-admission to the controller's check. Today it will be about licensing checks.

    On January 1, 2019, the Law of Ukraine dated November 3, 2016, 1728-VIII "On Temporary Peculiarities of the Implementation of State Supervision (Control) in the Sphere of Economic Activity" was repealed (hereinafter - Law No. 1728).

     

    From the date of expiry of the Law No. 1728 the licensing bodies covered by the Law of the Law of Ukraine of 02.03.2015 No. 222-VIII on the licensing of economic activities (hereinafter - Law No. 222), in accordance with part ten of Article 19 of the Law No. 222, will be able to carry out unscheduled inspections of the compliance by the licensee (s) of the requirements of the relevant licensing conditions on the grounds of provided for in paragraphs 2, 4 and 5 of part nine of Article 19 of Law No. 222, only in the presence of the approval of the State Regulatory Service of Ukraine, provided on based accordingly Expert appellate decisions on licensing board for their consideration addresses the licensing authority is given.

    Part 7 of Article 19 of Law No. 222 stipulates that the control over the compliance of licensees with the requirements of licensing conditions within the limits of their authority of licensing bodies through carrying out scheduled and unscheduled inspections in accordance with the Law of Ukraine "On the Basic Principles of State Supervision (Control) in the Field of Business Activity" taking into account the peculiarities defined by this Law.

    In accordance with part ten of Article 19 of Law No. 222 unscheduled verification of the licensee's compliance with the license conditions from the grounds provided for in clauses 2, 4 and 5 of part nine of this article, is carried out only with the consent of the specially authorized licensing authority , which is provided on the basis of the decision of the Board of Appeal on licensing issues at the request of the licensing authority .

    The appeal of the licensing body must contain a documentary confirmation of the disclosure of the information provided for in paragraph 9 of paragraph nine of this article, or a copy of the corresponding application or notification certified by it, provided for in clauses 4 or 5 of part nine of this article.

    1 Paragraphs 2, 4 and 5 of part nine of Article 19 of Law No. 222 provide the following grounds for carrying out unscheduled inspections of licensees' compliance with the requirements of license conditions, as:

    • the disclosure in the state information resources (paper or electronic) of information indicating that the licensee violated the requirements of the license conditions or is not in accordance with the information submitted by the licensee of the licensing body in accordance with the requirements of this Law, in order to verify that the licensee fulfills the requirements of the license conditions in the relevant part ( in particular, notification of changes in the data indicated in the supporting documents) or verification of the reliability of the relevant information;
    • a substantiated appeal of a natural or legal person that, as a result of a licensee's violation of the requirements of the license conditions, such person (s) suffered material damage or violated its (their) legal rights or interests - in order to verify that the licensee complies with the requirements of the licensing conditions in the relevant part;
    • notification of the officials of the controlling bodies regarding violations of the license requirements by the licensee in the course of performing the control powers - in order to verify that the licensee complies with the requirements of the license conditions in the relevant part.