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Article 5. A Specially Authorized Licensing Body

A specially authorized licensing body shall:

Develop the basic directions of licensing development;

Develop draft normative and legal acts on licensing;

approve draft normative and legal acts on licensing, which are designed and adopted by bodies of executive power;

generalize the practice of application of normative and legal acts on licensing;

perform inspection of observance of legislation in the sphere of licensing by licensing bodies and licensees and provide explanations as to its application;

perform methodical guidance and informational support of licensing bodies;

establish forms of documents in the sphere of licensing and rules of their issuing;

together with the licensing bodies approve the terms of conducting a certain type of economic activity and procedure of inspection of their observance;

create an expert and appellate board;

arrange training, retraining and advanced training of specialists in licensing;

keep the Single register of licenses;

organize orders, supply, registration and accounting of the use of license forms;

issue directives to remove violations of terms of licensing and directives to remove violations of legislation in the sphere of licensing;

execute supervision of availability of the license.

(part one of Article 5 is supplemented
with a new paragraph according to the Law of Ukraine
N 2953-III, January 17, 2002)

For the purpose of training, retraining and advanced training of licensing experts a specially authorized licensing body shall develop educational programs, methodical recommendations and textbooks and establish a procedure of training and attestation of licensing experts.

For the purpose of fulfillment its authorities a specially authorized licensing body has its regional offices, acting on the grounds of provisions, established by the specially authorized licensing body.

Directives of a specially authorized licensing body, made within the scope of its competence, are obligatory for execution by bodies of executive power and bodies of local government, legal entities of all forms of ownership and physical persons – subjects of entrepreneurial activity.

Directives of a specially authorized licensing body may be appealed in court.

Article 6. A Licensing Body

A licensing body shall:

secure execution of legislation in the sphere of licensing;

establish terms of licensing of conducting certain types of economic activity and procedure of inspection of their observation together with a specially authorized licensing body;

issue and reissue licenses, deliver license duplicates for a certain type of economic activity, make decisions on recognition licenses invalid;

within the scope of its authorities perform inspection of observation of terms of licensing by licensees;

issue directives on removal of violations of terms of licensing;

design and keep the register of licenses.

Body of licensing, which is a central body of executive power, which exercises its authorities, envisaged by this Article, may delegate these authorities to its regional structural subdivisions.



Authorities of a body of licensing may not be delegated to other persons, including those, created by the licensing body.

A licensing body may not authorize other persons to assess the capability of subjects of economic activity to fulfill terms of licensing in accordance with the submitted documents.

Financing of a licensing body shall be carried out at the expense of funds of the sate budget of Ukraine or local budget.

Article 7. Expert and Appellate Board

Expert and appellate board is a corporate body under a specially authorized licensing body. Activities of the expert and appellate board shall be guided by the Constitution of Ukraine, laws of Ukraine and acts of the President of Ukraine and the Cabinet of Ministers of Ukraine.

Decisions of the expert and appellate board shall have a form of expert conclusions and shall be compulsory for consideration by a specially authorized licensing body.

Authorities of the expert and appellate board shall comprise:

expertise of draft normative and legal acts of the bodies of executive power for the issues of licensing;

development of recommendations on the basic issues of state policy in the sphere of licensing;

providing provisional conclusions as to proposals of bodies of executive power and bodies of local government, associations of citizens and entrepreneurs on the expediency of introduction of licensing of certain types of economic activity or its cancellation.

consideration of applications, claims and complaints of subjects of economic activity about the decision of licensing bodies on the violation of legislation in the sphere of licensing by the specified bodies;

analysis of the state and development of recommendations as to improvement of licensing.

The staff of the expert and appellate board shall consist of state officials, scientists, other specialists and representatives of public organizations. The Cabinet of Ministers of Ukraine shall establish provisions on the expert and appellate board and its composition.

Head of a specially authorized licensing body shall administer the expert and appellate board.

Independent experts and representatives of public organizations shall be included to the composition of the expert and appellate board, in the number not less than twenty percent from the total number of members of this board.

A specially authorized licensing body shall carry out organizational, informational and material and technical maintenance of activity of the expert and appellate board.

The expert and appellate board may attract state officials, scientists and other specialists on a voluntary basis for consultations and conducting of expertise.

The expert and appellate board shall consider draft normative and legal acts, proposals and applications (appeals) within twenty workdays from the date of their registration at a specially authorized licensing body.

Decisions of the expert and appellate board shall be taken by majority vote from the total number of members of the expert and appellate board.

According to the results of consideration of the submitted draft normative and legal acts, proposals and applications (appeals) the expert and appellate board shall take a relevant decision, which shall be documented by the report, signed by the Head and the secretary of expert and appellate board.

On the grounds of a decision, made by the expert and appellate board under the results of applications (appeals), a specially authorized licensing body shall issue a directive to remove violations of legislation in the sphere of licensing, admitted by a licensing body.


Date: 2015-02-03; view: 733


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