Law of Ukraine

"On Amendments to the Law of Ukraine "On Licensing System in the Economic Sector" Regarding Expansion of the Licensing Offices Network"

Date of entry into force:
January 3, 2012

The Law supplements Article 1 of the Law of Ukraine "On Licensing System in the Economic Sector" with a new provision, according to which regional licensing authorities are territorial bodies of ministries and other central executive power bodies in the regions and the Autonomous Republic of Crimea, the executive power bodies of the Autonomous Republic of Crimea, regional state administrations, Kyiv and Sevastopol city state administrations, and their officials, which are authorized by law to carry out or be involved in expert analysis and inspection of objects regarding which permit documents are being issued, and to issue such documents within the boundaries of the respective administrative territorial unit.

A licensing office is the working body of the city council (its executive body) in a city of regional subordinance, and/or republican subordinance in the Autonomous Republic of Crimea; of regional state administrations, Kyiv and Sevastopol city state administrations, district and Kyiv city district state administration; or of a ministry or republican committee authorized by the Council of Ministers of the Autonomous Republic of Crimea (hereinafter referred to as "authorized power body of the Autonomous Republic of Crimea), in which representatives of regional and local licensing bodies, as well as the state administrator, act according to the principle of organizational unity regarding the issue, reissue, duplicate issue and withdrawal of permit documents (amendments to Article 1 of the Law of Ukraine "On Licensing System in the Economic Sector").

The Law presents a new version of part 12 of Article 4-1 of the Law of Ukraine "On Licensing System in the Economic Sector", according to which permit documents can be issued by regional licensing bodies within the respective administrative territorial unit through a licensing office of the regional center city council, by coordinated resolution of the city council and the regional state administration or the Council of Ministers of the Autonomous Republic of Crimea.

According to the new version of parts 1 and 2 of Article 5 of the Law of Ukraine "On Licensing System in the Economic Sector", a state administrator is an official of the city council (its executive body) in a city of regional subordinance, and/or republican subordinance in the Autonomous Republic of Crimea; of regional state administrations, Kyiv and Sevastopol city state administrations, district and Kyiv city district state administration; or of an authorized power body of the Autonomous Republic of Crimea, who organizes for issue (reissue, issue of duplicates, withdrawal) of permit documents to business entities and provides for cooperation between local and regional licensing bodies. A state administrator is appointed and dismissed by an appropriate city head, head of the regional state administration, Kyiv and Sevastopol city state administration, district and Kyiv city district state administrations, or head of the respective authorized power body of the Autonomous Republic of Crimea, by approval of the authorized body. A state administrator reports directly to the respective city head, head of the regional state administration, Kyiv and Sevastopol city state administration, district and Kyiv city district state administrations, or head of the respective authorized power body of the Autonomous Republic of Crimea. The number of state administrators is determined by resolution of the respective city council, regional state administration, Kyiv and Sevastopol city state administration, district and Kyiv city district state administrations, or an authorized executive power body of the Autonomous Republic of Crimea.

Regional and local licensing bodies provide for complete informing of state administrators about the procedure of issue (reissue, issue of duplicates, withdrawal) of permit documents by regional and local licensing bodies, in particular, about the list of documents required to issue (reissue, issue duplicate, withdraw) permit documents, templates of applications and required forms, terms of issue (reissue, issue of duplicates, withdrawal) of permit documents, and the amount of fee for such activities (if established). The central executive power body that provides for implementing the state policy in the sphere of entrepreneurial activity develops and approves the provision on state administrators and the procedure of his interaction with regional and local licensing bodies and with business entities. City councils (their executive bodies) in cities of regional subordinance and/or republican subordinance in the Autonomous Republic of Crimea, regional state administrations, Kyiv and Sevastopol city state administrations, district and Kyiv city district state administration, and the authorized power body of the Autonomous Republic of Crimea create licensing offices and provide for the organizational, material, and technical support of the licensing office and the state administrator. If the number of state administrators is three or more, a respective structural unit is created to provide for their organizational, material, and technical support in the executive body of the city council, the regional state administration, Kyiv and Sevastopol city state administrations, district and Kyiv city district state administration, or the authorized power body of the Autonomous Republic of Crimea (new versions of parts 6, 7, and 10 of Article 5 of the Law of Ukraine "On Licensing System in the Economic Sector").

According to the new version of part 1 of Article 7 of the Law of Ukraine "On Licensing System in the Economic Sector", the issue (reissue, issue of duplicates, withdrawal) of permit documents prepared by regional and local licensing bodies is carried out by a state administrator in the licensing center, according to the principle of organizational unity.
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