The article examines the ways of legal regulation of the renovation of facilities operation after the violations elimination of legislative requirements in the field of technogenic and fire safety. It is noted that with the wording of the Code of Administrative Procedure of Ukraine in the new version, the court procedure for renovation of operation of such facilities was abolished, while the legislator did not propose another mechanism for resumption. It is stated that in conditions of legal uncertainty, the controlled subjects exercise their right to resume operation of facilities on the basis of Part 5 of Art. 4 of the Law of Ukraine “On the Fundamental Principles of State Supervision (Control) in the Field of Economic Activity”, which states that the renovation of production (manufacture) or sale of products, works, services by business entities after suspension is possible from the moment when state supervision (control) body take notification of the business entity to eliminate all violations established by the court. In practice, the resumption of work is as follows: the controlled subjects take measures to eliminate violations, then apply to the supervisory authority with a request to conduct an unscheduled inspection of such entities, and in case of confirmation of elimination of violations, resume full-fledged work. However, this rule does not fully meet the needs of legal regulation of the relationships.

Key words: administrative procedure of renovation of work (operation), renovation of work of the stopped objects, renovation of operation of objects, application of response measures, cancellation of response measures.

References

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