Amendments To The Law On Licensing. Who Do They Concern?
In December 2019, the provisions of the Law of Ukraine “On Licensing of Economic Activities” have been once again amended in recent memory.
The developments concern all business entities, whose activity is subject to licensing and regulated by this law. It is important to know about them in order to avoid penalties or other negative consequences.
Today we will scrutinize the major amendments to the law and discuss how they will affect the licensing process.
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The most important changes in the licensing procedure in 2020
- The lawmaking body has established an administrative responsibility for the licensee for violating the period of notifying the licensing authority about changes in the information that was specified in the application and the documents attached to it when obtaining a license. A fine in the amount of UAH 850 up to UAH 8,500 is envisaged for this violation;
- Advertisement distributors are not entitled to provide licensees with their services until information that a business entity has been granted a license appears in the license registers;
- The license can be suspended from now on. Now, in case of failure to eliminate violations, which were identified during the inspection, the license is not canceled immediately, The licensee will have time to eliminate the violations. However, it’s worth mentioning that the licensee is not entitled to render any services during this period. After the elimination of violations, the licensee has the right to renew the license. The decision on the license renewal is made by the licensing authority;
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How will the amendments affect the already existing licensing regulations in different business areas?
In the view of the following provisions, most current licensing regulations shall be amended in the near future, as the law in question requires that any licensing regulations contain:
- The provision about the creation of necessary conditions for persons with low mobility to access the place of activity;
- Information on the lack of control over the licensee’s activities by persons carrying out armed aggression against Ukraine;
- The provision on business reputation;
- The provision on the procedure for taking measures by a business entity in case of full or partial suspension of its license.
We will inform you about any changes in the licensing of security services, medical practice, construction and other activities in Ukraine.
Changes in the procedure for appealing to the Board of Appeals after the revocation of the license
While until recently an appeal to the Board of Appeals could have been made in an arbitrary form, and the precise statement of circumstances and the supporting documentation had to be submitted more in the complainant’s own interest, the abovementioned law now provides an accurate list of the information that should be set out in an appeal.
The innovations relating to the processing of an appeal include also a requirement to specify the name of a representative if the complainant does not file an application in person, as well as data on whether the case was considered in court.
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