Article 37. Express authorizations are at this violation or laws related to him Ukraine
At this violation or laws related to him Ukraine to the subjects of foreign economic activity or foreign subjects of economic activity such express authorizations can be applied:
- imposition of fines in the cases of ill-timed implementation or non-fulfillment by the subjects of foreign economic activity and foreign subjects of economic activity of the duties in obedience to it or laws related to him Ukraine. Such fines determined size the proper positions of laws Ukraine but/or by decisions judicial organs Ukraine;
A indention is third parts of the first articles 37 are eliminated
(by law Ukraine
from 22.12.98 N 335-XIV)
- application to the subjects of foreign economic activity and foreign subjects of economic activity of the individual mode of licensing in the cases of violation of this Law such subjects and/or the laws of Ukraine, which set prohibitions, limitations or order of realization of external economic operations, are certain, related to him;
(a indention is fourth parts of the first articles 37
with changes, brought in in obedience to
By the law of Ukraine from 22.12.98 N 335-XIV,
in the release of Law of Ukraine from 22.12.2005 N 3268-IV)
- the temporal stopping of foreign economic activity is at the cases of breach of this Law or laws related to him Ukraine, leadthroughs of actions, which can harm interests of national economic security.
Approvals, marked in this article, are used the central organ of executive power on questions a economic policy after by presentation organs of state tax and control-revision services, custom, law enforcement authorities, organs of the Antimonopoly committee of Ukraine, specially authorized organ of executive power, in the field of adjusting of markets of financial services and National bank of Ukraine or in decision of court. Approvals, marked in this article, can be applied to the subjects of foreign economic activity or foreign subjects of economic activity during three years from the day of exposure of violation of legislation.
(part is second the article 37 with changes, brought in in obedience to
By laws Ukraine from 22.12.98 N 335-XIV,
from 20.11.2003 N 1294-IV,
in the release of Law of Ukraine from 22.12.2005 N 3268-IV)
Presentation in relation to application of approvals must contain such information: name and essential elements of subject of foreign economic activity (for the foreign subjects of menage - by the language of country of their location), fame, about maintenance of violation with reference to concrete positions of legislation of Ukraine, type of express authorization which it is suggested to apply, name and essential elements of contractor, at contract execution which a legislation, other expedient information, is broken with.
(the article 37 is complemented new part third
by law Ukraine from 22.12.2005 N 3268-IV)
To application of express authorizations to the subjects of foreign economic activity and foreign subjects of menage the official warning of central organ of executive power can be preceded on questions a economic policy.
(the article 37 is complemented new part fourth
by law Ukraine from 22.12.2005 N 3268-IV)
The individual mode of licensing operates to the moment of removal of violations of legislation of Ukraine or application of practical measures which guarantee implementation of this Law and/or the laws of Ukraine related to him and abolished the central organ of executive power on questions a economic policy.
(the article 37 is complemented new part fifth
by law Ukraine from 22.12.2005 N 3268-IV)
The temporal stop of foreign economic activity operates to the moment of removal of violations of legislation of Ukraine or application of practical measures which guarantee implementation of this Law and/or the laws of Ukraine related to him, but not more than three months from the date of taking away of the proper decision by the central organ of executive power on questions a economic policy. After the temporal stop of foreign economic activity the subjects of foreign economic activity or foreign subjects of economic activity are translated the central organ of executive power on questions a economic policy on the individual mode of licensing.
(the article 37 is complemented new part sixth
by law Ukraine from 22.12.2005 N 3268-IV)
Lengthening of action of temporal stop of foreign economic activity is carried out exceptionally in decision of court.
(the article 37 is complemented new part seventh
by law Ukraine from 22.12.2005 N 3268-IV)
For lengthening of action of temporal stop of foreign economic activity the central organ of executive power on questions a economic policy on the basis of information of initiator of application of this approval applies with the point of claim in a court.
(the article 37 is complemented new part eighth
by law Ukraine from 22.12.2005 N 3268-IV)
At a decision-making in relation to lengthening of action of temporal stop of foreign economic activity a court is marked by a term which the action of this approval is prolonged on.
(the article 37 is complemented new part ninth
by law Ukraine from 22.12.2005 N 3268-IV)
If the subjects of foreign economic activity or foreign subjects of economic activity, which approvals are applied to, are remove sufferet violations of legislation of Ukraine or practical measures which guarantees implementation of this Law and are accepted/or the laws of Ukraine related to him, the initiators of presentation in relation to application of approvals can send the central organ of executive power on questions a economic policy materials about their abolition (change of kind, temporal stop).
(the article 37 is complemented new part tenth
by law Ukraine from 22.12.2005 N 3268-IV)
In the case of origin of force-majeure circumstances, presentation of lawsuit in the court of country of location of contractor or International commercial arbitration court, Marine arbitrage commission, at the Commercial and industrial chamber of Ukraine about confession or penalty from the foreign subject of economic activity of debt, related to non-fulfillment of conditions of the external economic agreement (to the contract), and also in the case of the use of measures on the removal of violations of legislation operate approvals by the central organ of executive power it can be temporally shut-down on questions a economic policy.
Upon termination of term of stop of approval the action of it recommences without the additional decision of central organ of executive power on questions a economic policy.
(the article 37 is complemented new part eleventh
by law Ukraine from 22.12.2005 N 3268-IV)
In the case of removal of violations of legislation of Ukraine or application of practical measures which guarantee implementation of this Law and/or the laws of Ukraine, and bringing the foreign economic activity over, related to him in accordance with the laws of Ukraine or grant of sufficient evidences impossibility (to absence of any prospect) of application of practical measures which guarantee implementation of law, the subjects of foreign economic activity and foreign subjects of economic activity, which approvals are applied to, have a right to give to the central organ of executive power on questions a economic policy the proper materials and to go out with a solicitor about abolition (change of kind, temporal stop) of action of approvals.
(the article 37 is complemented new part twelfth
by law Ukraine from 22.12.2005 N 3268-IV)
A solicitor must contain such documents:
letter-handling exposition of reasons which resulted in violation, and about the used measures on bringing of the activity to conformity with the norms of legislation of Ukraine;
originals or the copies of materials (certificates) are notarized in accordance with established procedure from public organs which carry out control after foreign economic activity or currency control, and/or agents of currency control, which certify used the subject of foreign economic activity practical measures on bringing of the activity to conformity with the norms of legislation of Ukraine.
(the article 37 is complemented new part thirteenth
by law Ukraine from 22.12.2005 N 3268-IV)
The general term of consideration of these solicitors must not exceed thirty calendar days.
(the article 37 is complemented new part fourteenth
by law Ukraine from 22.12.2005 N 3268-IV)
With the purpose of clarification of information the central organ of executive power on questions a economic policy can speak to the public organs which carry out control in the field of foreign economic activity, currency control, and agents of currency control, with queries about the receipt of additional materials (to information) in relation to activity of subjects of foreign economic activity, which appealed to him with a solicitor about abolition (change of kind, temporal stop) of action of approval.
(the article 37 is complemented new part fifteenth
by law Ukraine from 22.12.2005 N 3268-IV)
Responsibility for unauthenticity of information, marked in presentations, in relation to application (abolition, changes of kind, temporal stop of action) of approvals on the basis of which the proper decisions of central organ of executive power are accepted on questions a economic policy, the initiator of presentation carries in a order, statutory.
(the article 37 is complemented new part sixteenth
by law Ukraine from 22.12.2005 N 3268-IV)
Responsibility for unauthenticity of information, given to the central organ of executive power on questions a economic policy, the subjects of foreign economic activity carry.
(the article 37 is complemented new part seventeenth
by law Ukraine from 22.12.2005 N 3268-IV,
in this connection parts third and fourth to consider
accordingly by parts eighteenth and nineteenth)
Application of approvals, marked in this article, it can be appealed in a court. The representative office of interests of the state at consideration of such judicial disputes is provided the central organ of executive power on questions a economic policy and public organs which brought in the picture of application of approvals. The appeal of application of approvals in a judicial order to taking away of cramps of the proper decision does not stop their action.
(part is eighteenth the article 37 in a release
To the law of Ukraine from 22.12.2005 N 3268-IV)
Part nineteenth eliminated the article 37
(by law Ukraine
from 22.12.98 N 335-XIV) | 
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