Article 11. Decision to Issue or Deny Issuance of the License

A licensing body shall take a decision to issue or deny issuance of the license not later than after ten workdays from the date of receipt of an application on issuing of the license and the supplemented documents, unless other term of issuing of the license is determined by a special law, regulating relationships in certain spheres of economic activity.

A notification on making a decision to issue or deny issuance of the license shall be forwarded (delivered) to the applicant in writing within three workdays from the date of taking the relevant decision. The grounds for the specified denial shall be stipulated in the decision to deny issuance of the license.

The grounds for taking a decision to deny issuance of the license shall be as follows:

inauthenticity of the data indicated in documents, filed by the applicant to obtain the license;

inconformity of the applicant according to the submitted documents with the terms of licensing, established for economic activity, specified in the application on issuing of the license.

In case of denial to issue the license on the basis of identification of inauthentic data indicated in the documents, submitted by the applicant for issuing of the license, the subject of economic activity may submit a new application on issuing of the license to a licensing body not earlier than after three months from the date of making a decision to deny issuance of the license.

In case of denial to issue the license on the grounds of inconformity of the applicant with the terms of licensing, established for the activity, specified in the application on issuing of the license, a subject of economic activity may submit a new application on issuing of the license to a licensing body after removal of reasons, on the grounds of which the issuing of the license has been rejected.

The decision on the refusal to issue the license may be appealed in court.

Article 12. Peculiarities of Arranging The Tender to Obtain the License for those Types of Economic Activity, Conducting of which is Related to the Use of Limited Resources

In order to ensure an effective and rational use of limited resources, application of advanced technologies and equipment and creation of favorable conditions for utilization of such resources by the state, the licensing of those types of economic activity, conducting of which is related to the use of limited resources, shall be carried out only under the results of open tenders, provided several applicants have applied for issuing of the license.

The procedure of arranging of tenders to obtain licenses shall be established by the Cabinet of Ministers of Ukraine, unless otherwise stipulated by the laws of Ukraine.

The announcement on conducting the tender to obtain the licenses shall be made not later than sixty calendar days prior to the date of arranging of the tender to obtain the license and shall be subject to an obligatory publication in official publishing bodies.

To participate in the tender to obtain the license on a competitive basis the subjects of economic activity not later than thirty calendar days prior to the date of arranging of the tender shall submit a notification to a licensing body on his/her intention to take part in the tender, as well as other documents, envisaged by the procedure of conducting of the tender to obtain the license to an activity subject to licensing on a competitive basis.

A decision on the results of the competition shall be issued in the form of minutes and approved by the director of a licensing body within the term not exceeding five workdays from the date of arranging of the tender.

A notification on making of a decision on issuing of the license by the results of the tender or denial to issue the license by the results of the tender shall be forwarded (delivered) to the applicant in a written form within three workdays from the date of approval of the decision on the results of the tender.

A decision on the results of the tender may be appealed in court.

In case of cancellation of the license, issued under the results of the tender, a licensing body shall announce a tender to obtain the cancelled license within the term not exceeding ten workdays from the date of making a decision on its cancellation.

Provided the licensee does not perform any economic activity according to the license, obtained under the results of the tender within the period of six months, a licensing body may cancel such a license.

The following activities shall be regarded as those, related to the use of limited resources:

uranium ore mining;

extraction of precious metals and jewels;

supply of natural gas at controlled and uncontrolled tariffs;

storing of natural gas in the volumes, exceeding the level, established by the terms of licensing;

providing services in radio-communication (with the use of radio frequencies).

Date: 2015-02-03; view: 700