An enterprise’s activities can be prohibited only through an administrative court

Автор: admin_dev
An enterprise’s activities can be prohibited only through an administrative court

The President of Ukraine signed Law No. 353 – VII ‘On Amendments to Certain Legislative Acts of Ukraine to Eliminate Restrictions on Entrepreneurial Activity’, adopted by the Verkhovna Rada on June 20 (presidential draft law No. 2698).

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The President of Ukraine signed Law No. 353 – VII ‘On Amendments to Certain Legislative Acts of Ukraine to Eliminate Restrictions on Entrepreneurial Activity’, adopted by the Verkhovna Rada on June 20 (presidential draft law No. 2698)

In accordance with the Law, authorities performing supervisory functions will be able to prohibit or suspend activities related to the provision of services, the performance of works, or the sale of products only through administrative courts using an expedited procedure.

The supervisory authority is obliged to file a claim to confirm the validity of the measures no later than one working day after the date of issuance (adoption) of the respective regulatory document.

In addition, the new Law:

  • Introduces a number of changes regarding the examination of construction projects. Thus, the examination on civil protection issues is abolished;
  • Removes the authority to conduct examinations of construction projects from the central executive body responsible for state supervision in the field of technogenic and fire safety;
  • Eliminates the rules according to which, after the completion of major repairs, restoration, construction, or reconstruction, it is necessary to submit a declaration that certifies the compliance of the facility’s material and technical base with the legislative requirements on fire safety.

It will not be necessary to submit the specified declaration of conformity until January 1, 2014 for business entities that operate based on permits to commence operation of restored enterprises, equipment and products, mechanisms, the introduction of new technologies, the commissioning of reconstructed and new production facilities, as well as facilities of other purposes, and the transfer for production of samples of new fire-hazardous machines that were issued in accordance with the Law ‘On Fire Safety’.

Additionally, a principle of “silent consent” is introduced for the registration of submitted declarations. If a declaration is neither registered nor refused registration within 10 days, the entrepreneur has the right to start activities on the day following the expiration of that period.