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THE MORATORIUM ON INSPECTIONS IN 2018: THE CMU APPROVED THE LIST OF EXCEPTIONS

LEGAL HOTLINE . 22 February 2018

The Government approved and published the list of state supervisory (controlling) authorities that are not covered by the Law of Ukraine “On Temporary Peculiarities of Implementation of State Supervision (Control) Measures in the Field of Economic Activities”.

The Moratorium on Inspections in 2018: the CMU Approved the List of Exceptions

The Government approved and published the list of state supervisory (controlling) authorities that are not covered by the Law of Ukraine “On Temporary Peculiarities of Implementation of State Supervision (Control) Measures in the Field of Economic Activities”.

The list, which was approved by the Resolution of the Cabinet of Ministers of Ukraine (CMU) No. 1104 of December 18, 2017, includes the same authorities that were listed in 2017, bodies of state market supervision, veterinary medicine, quarantine and plant protection, and sanitary supervision, as well as the State Service of Special Communication and Information Protection of Ukraine, the State Service of Ukraine on Medicines and Drugs Control, the State Service of Geology and Mineral Resources of Ukraine, the State Service of Ukraine for Geodesy, Cartography and Cadastre, and, partially, the State Emergency Service of Ukraine.

Thus, the controlling authorities that will carry out inspections despite the moratorium include:

1. The National Bank of Ukraine
2. The National Council of Television and Radio Broadcasting of Ukraine
3. The National Commission for State Regulation of Energy and Public Utilities and its territorial bodies
4. The National Securities and Stock Market Commission and its territorial bodies
5. The Antimonopoly Committee of Ukraine and its territorial offices
6. The State Aviation Service of Ukraine
7. The State Architectural and Construction Inspection of Ukraine and its territorial bodies
8. The State Nuclear Regulatory Inspectorate of Ukraine and its territorial bodies
9. The State Audit Service of Ukraine and its territorial bodies
10. The State Ecological Inspection of Ukraine and its territorial bodies (in part of exerting state supervision (control) over compliance with the requirements of the legislation on ecological and radiation safety within the powers stipulated by the law)
11. The State Service of Export Control of Ukraine
12. The State Service of Ukraine on Medicines and Drugs Control and its territorial bodies
13. Administration of the State Service of Special Communication and Information Protection of Ukraine and its territorial bodies
14. The Ministry of Ecology and Natural Resources of Ukraine
15. The State Service of Geology and Mineral Resources of Ukraine
16. The State Service of Ukraine for Geodesy, Cartography and Cadastre and its territorial bodies
17. The State Labour Service of Ukraine and its territorial bodies
18. The State Service of Ukraine for Food Safety and Consumer Protection and its territorial bodies (in part of measures for exerting the state veterinary and sanitary control, the state supervision (control) over compliance with the sanitary legislation, safety and certain indicators of food quality, compliance with consumer protection laws, state supervision in the fields of quarantine and plant protection)
19. The State Emergency Service of Ukraine and its territorial bodies (in part of exerting state supervision (control) in relation to recreation and rest facilities for children, residential institutions, institutions on preschool education, general secondary education, professional (vocational) education, specialised education, as well as high-risk economic entities (including facilities of fuel and energy complexes and military-industrial complexes, high-risk facilities, chemically hazardous facilities, and high-rise construction facilities)
20. The State Fiscal Service of Ukraine and its territorial bodies
21. Structural units for the state architectural and construction control of the Kyiv and Sevastopol City State Administrations
22. Executive bodies for the state architectural and construction control of the village, settlement, and city councils
23. Executive bodies of city councils of cities of oblast significance and village, settlement, and city councils of united territorial communities (in part of measures for exerting state control over compliance with the labour legislation)
24. State market supervision authorities within their responsibilities determined by the Resolution of the Cabinet of Ministers of Ukraine No. 1069 of December 28, 2016 “On Approving the List of Types of Products in Respect of Which the State Market Supervisory Authorities Carry out State Market Supervision”.

Although the above list cannot be called absolutely unexpected, its presence specifies the lawfulness of including enterprises in the inspection schedule of controlling authorities. The Resolution will come into force on the day of its publication and will be valid until December 31, 2018.

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