Publication date: 11.07.2024
Procedure for obtaining a licence for water supply activities
Water supply activities are critical to providing clean and safe water to the public. This activity requires careful regulation and control to guarantee high quality services and protect the interests of consumers. In Ukraine, water supply activities require a licence. In this article we will consider the main aspects of the procedure for obtaining a licence for water supply activities, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining a licence for water supply activities in Ukraine is regulated by several main legal acts:
Law of Ukraine "On Drinking Water and Drinking Water Supply":
- Defines the legal, economic and organisational basis for the functioning of drinking water supply systems, establishes requirements for the quality of drinking water, conditions for the provision of water supply services and liability for violation of legislation in this area.
Law of Ukraine "On Licensing of Types of Economic Activities":
- Regulates issues of licensing of economic activities, including water supply activities. The law establishes general requirements for licensees, the procedure for submitting and reviewing applications for licences, and grounds for cancellation of licences.
Law of Ukraine "On Housing and Communal Services":
- Defines the legal, organisational and economic basis for the provision of housing and communal services, including water supply. The law establishes the rights and obligations of consumers and service providers, the procedure for concluding contracts and making payments for services provided.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing of Economic Activities on Centralised Water Supply and Drainage":
- Establishes the procedure for licensing of water supply activities, requirements for business entities wishing to obtain a licence and the application procedure.
Rules for Provision of Centralised Water Supply and Drainage Services:
- Establish requirements for the quality and continuity of water supply services, the procedure for concluding contracts, accounting of water consumption and settlements for the services provided.
Types of licences for water supply activities
There are several types of licences for water supply activities in Ukraine, depending on the nature and scope of activities:
Licencefor centralised water supply:
- Permission to carry out activities to supply drinking water to end users through a centralised water supply system.
Licence forwater disposal:
- Permit to carry out wastewater disposal activities including collection, transport and treatment of wastewater.
Requirements for applicants
In order to obtain a licence for water supply activities, a business entity must comply with a number of requirements established by law. The main requirements include:
Organisational and legal form:
- A licence for water supply activities may be obtained by legal entities that are registered in accordance with the legislation of Ukraine.
Material and technical base:
- The business entity must have the necessary material and technical base to carry out water supply activities, including production facilities, water supply networks, water metering equipment, etc.
Staff qualification:
- The business entity should have qualified staff with the necessary knowledge and experience to carry out water supply activities. Personnel should have appropriate education, training and certificates.
Absence of criminal records:
- The managers and employees of the enterprise must not have criminal records for serious crimes, crimes against life and health, as well as other offences provided for by law.
Compliance with environmental and sanitary requirements:
- The business entity's activities must comply with the requirements of environmental and sanitary legislation, including occupational health and safety standards.
Procedure for applying for a licence
The procedure for applying for a licence for water supply activities includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence, drawn up in accordance with the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the certificate of state registration.
- Documents confirming the availability of material and technical base.
- Qualification documents of employees.
- Certificate of absence of criminal records of managers and employees.
- Documents confirming compliance with environmental and sanitary requirements.
- An application for a licence, drawn up in accordance with the prescribed form.
Submission of an application:
- The application together with a package of documents is submitted to the relevant licensing authority (e.g. Ministry of Community and Territory Development of Ukraine). Documents can be submitted in person, by mail or electronically via specialised portals.
Consideration of the application:
- The relevant licensing authority reviews the application and verifies the applicant's compliance with the requirements. This includes verification of the submitted documents, and it is possible to conduct an on-site inspection at the place of activity.
Decision-making:
- Based on the results of the inspection, the licensing authority makes a decision to issue or refuse to issue a licence for water supply activities. In case of refusal, the applicant is provided with a justification of the reasons for the refusal and recommendations on how to eliminate the deficiencies.
Obtaining a licence:
- In case of a positive decision, the applicant receives a licence for water supply activity, which gives the right to carry out the relevant activity. The licence is issued in the prescribed form and registered in the relevant register.
Procedure for control over compliance with licence conditions
The relevant licensing authorities carry out continuous supervision of compliance by business entities with licence conditions. This includes:
Regular inspections:
- Licensing authorities conduct scheduled and unscheduled inspections of business entities to assess their compliance with the established requirements and standards.
Activity monitoring:
- Licensing authorities monitor the activities of business entities, analyse their reporting and decide on enforcement measures in case of violations.
Licencerevocation:
- In case of gross or systematic violations of licensing conditions, the licensing authority has the right to cancel the licenceIt is not important to consult a lawyer or consult a lawyer. Legal Marketplace "KONSULTANT" will help to solve any problem! All necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written consultation, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Looking for "lawyer online" or "lawyer online"? Choose CONSULTANT - a lawyer is always there for you!
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