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Analytics Litigation July 13, 2017 3 min read

And who is responsible for this? The licensing authority and its tasks

Author
Your Lawyer

The concept of "license" is well known to everyone. It applies to various areas of activity, has its own characteristics and rules for granting. To ensure effective work carried out in the field of licensing, there is a special authorized licensing body.

Licensing is a means by which state regulation of economic activity is carried out, especially those types of activity that are subject to mandatory licensing.

It is carried out with the aim of establishing state policy in this area, protecting the interests of society and consumers in the economic and social spheres.

State policy related to the licensing sphere and its areas of activity are determined by the Verkhovna Rada of Ukraine. This policy is implemented by the Cabinet of Ministers, a special body, and also by executive bodies related to licensing issues (applies to various types of activities).

The special body is vested with competence in the following aspects of its work:

  • creating a plan for the further development of the licensing sector;
  • creation of draft regulatory legal acts relating to this issue;
  • verification of whether licensing authorities comply with the provisions specified in the legislation of Ukraine;
  • management of the information side of the activities of these bodies;
  • formation of rules for filling out documents that are directly related to the field of licensing;
  •  training, education and actions related to improving the skills of specialists in this field;
  •  creation and maintenance of a register of licenses;
  • cancellation of licenses due to violations of the law;

Education of licensing specialists is a very important aspect of the work. It is for this reason that the licensing authority undertakes the development and implementation of new methods, issues methodological recommendations and curricula, creates special programs, and provides training and certification of specialists in this field.

The authorized body also provides for smaller - territorial - bodies that do not go beyond its competence and are governed by certain provisions.

Orders issued by the licensing authority must be implemented by local authorities, executive bodies, legal entities or individual entrepreneurs.

The licensing authority is financed from the state budget. In some situations, funds for its maintenance are also provided by the local budget. Such an authority has its own structure. The collegial body in its system is the Expert Appeals Council. It operates on the basis of the Constitution of Ukraine and uses acts issued by the President of Ukraine and the Cabinet of Ministers.

The decisions of this council are subject to mandatory consideration by the licensing authority.

Below are the tasks assigned to the expert appeals council:

  • Expert assessment of regulatory legal acts;
  •  recommending possible ways to solve important public policy problems;
  • Acceptance of applications or complaints regarding decisions of licensing authorities and their consideration;

Membership in the expert appeal council includes scientists, civil servants, representatives of public associations (accounting for about 20% of the total number of participants), other independent experts, and specialists in the necessary fields.

Licensing is a very important area. It is characterized by a high level of responsibility. Issuing licenses, checking their validity periods, and supervising economic entities that receive them.

And if you also conduct your own business and need a license, feel free to contact the project "Your Lawyer" and learn about all the conditions and necessary documents to obtain the desired license.