Law of Ukraine

"On Amendment of Certain Legislative Acts of Ukraine to Reduce in the Number of Licensing Documents"

Date of entry into force:
April 26, 2014

The Law amends the Code of Ukraine on Bowels, the Water Code of Ukraine, the Forest Code of Ukraine, the Code of Administrative Proceedings of Ukraine, the Decree of the Cabinet of Ministers of Ukraine "On Standardization and Certification", the Mining Law of Ukraine, and the Laws of Ukraine "On Environmental Protection", "On Nature Reserve Fund of Ukraine", "On Road Traffic", "On Ensuring Sanitary and Epidemiological Public Welfare", "On Transport", "On Pesticides and Agrochemicals", "On Waste", "On Plant Protection", "On Flora", "On Recalling, Recycling, Utilization, Destruction or Further Use of Off-Grade and Hazardous Products", "On the Radio Frequency Resource of Ukraine", "On Licensing of Certain Types of Economic Activity", "On Resorts", "On High-Hazard Objects", "On Air Protection", "On Fauna", "On Grain and Grain Market in Ukraine", "On Labor Protection", "On Fish, Other Living Aquatic Resources, and Food Products Derived from Them", "On Alternative Energy Sources", "On Advertising", "On Tourism", "On Milk and Dairy Products", "On Grapes and Grape Wine", "On the Permit System in the Field of Economic Activity", "On Motor Roads", "On Plant Quarantine", "On Prevention of Animal Cruelty", "On Veterinary Medicine", "On the State System for Biosafety During Creation, Testing, Transporting and Use of Genetically Modified Organisms", "On the List of Licensing Documents in the Economic Sector", and "On Fishery, Industrial Fishing and Protection of Water Bioresources".

The Law cancels the following licensing documents:
  • approval of a land development project for land plot siting, by the Commission in the Issues Related to Approval of Land Development Documents,
  • approval for the use of forested land plots for extraction of mineral resources (except for extraction of mineral resources on local scale for own needs), cabling work, pipelining, other communications, drilling, blasting and other work not related to forest management;
  • permit for construction or restoration of hydroelectric power facilities on small rivers;
  • permit for construction or restoration of waste management facilities;
  • permit to import to Ukraine and export from Ukraine flora resources included in the Red Book of Ukraine;
  • permit to import to Ukraine and export from Ukraine fauna resources included in the Red Book of Ukraine;
  • permit to import seeds and seedlings of breeds included in the Breeds Register of Ukraine or considered prospective based on the results of state testing;
  • permit to import animals, animal products, reproductive materials, biological products, pathological material, veterinary products, substances, feed supplements, premixes, and feeds, except for non-food animal products, if subjected to technical treatment that excludes transmission of reportable diseases;
  • permit to manufacture dry wine stock with alcohol volume not exceeding 9.5 percent by sweetening grape must with grape concentrate or with sugar, no more than 2 g/100 cm3;
  • permit to use remaining pesticides and agrochemicals with expired registration;
  • permit to use animals in entertainment, sporting, and leisure events;
  • permit to manufacture, store, transport, use, bury, destroy and utilize poisonous substances, including products of biotechnology and other biological agents;
  • permit to use natural treatment resources of local importance;
  • permit for international transportation of passengers and freight by motor transport;
  • permit for specialized works related to construction of operating water walls;
  • permit for selling radioelectronic devices and radiation devices;
  • permit for waste disposal;
  • permit for development and approval of norms for dumping contaminating substances into water bodies;
  • permit for selective breeding of wild crops in natural conditions and introduction of plants subjected to selective breeding methods;
  • permit for special use of natural flora resources of local importance;
  • permit for creation and development of zoological collections;
  • permit for creation, production and use of new strains of microorganisms and other biologically active substances;
  • permits of the European Conference of Ministers of Transport (ECMT) for transport of freights by motor transport between ECMT member states;
  • approval for siting enterprises and other facilities whose work is related to the use of water resources and may negatively impact their condition;
  • approval for importing scrap metal;
  • approval for exporting precious metals, gems, their scrap and waste from the territory of Ukraine as customer-supplied raw materials;
  • approval for siting enterprises, structures and other facilities that have a negative impact on forest condition and reforestation;
  • approval of permits for import and use of unregistered pesticides and agrochemicals, and permits for production and use of research batches of domestic pesticides and agrochemicals;
  • approval of permits for carrying out design and construction work related to ground water extraction;
  • approval of petitions of water users substantiating the need for water, to receive permit for specialized water use;
  • approval of change of designated purpose of forested land plots;
  • Cabinet of Ministers of Ukraine approval of sale of land plots owned by territorial communities to foreign states and foreign legal entities;
  • approval of petitions for granting use of subsurface resources for the purposes of geologic survey, development of mineral resource deposits of national importance, and for the purposes not related to extraction of mineral resources;
  • approval of petitions for granting use of subsurface resources for the purposes of geological survey and development of mineral resource deposits of local importance;
  • approval of materials of seizure (buyout) of especially valuable land plots owned by citizens and legal entities, done by the Verkhovna Rada of Ukraine, on proposal of the Verkhovna Rada of the Autonomous Republic of Crimea, regional councils, and Kyiv and Sevastopol city councils;
  • approval of siting of mining facilities and underground structures not related to extraction of mineral resources, including those intended for underground storage of oil, gas and other substances and materials, burying industrial waste and other hazardous substances, and dumping waste waters, before the start of project works;
  • approval of siting of mining enterprises on territories managed by them, based on the interests of the territorial community;
  • approval of hydro-reclamation works in places of habitat of aquatic fowl and fur animals, and for industrial fishing on breeding grounds of beavers and musk rats;
  • approval for import of plant protection products to the territory of Ukraine;
  • approval of project threshold values for waste generation and dumping;
  • approval of siting of enterprises, buildings, structures, and other facilities whose work is related to using water bodies of local importance and may damage such water bodies;
  • approval of locating advertising mediums within the easement area of motor roads;
  • approval and adoption of land development projects of agricultural enterprises, institutions and organizations, and personal farms;
  • approval of technical specifications and other technical codes for fire-hazardous technological processes and products, and project solutions not regulated by codes and regulations;
  • certificate of calibration for measuring equipment and devices;
  • certificate for aviation work by aircraft operator;
  • certificate of conformance of plant agricultural products and raw materials to requirements regarding residual content of pesticides, agrochemicals and heavy metals;
  • certificate of conformance to regulations on the use of pesticides and agrochemicals (only plant growth regulators) in plant agricultural products and raw materials
  • certificate of conformance of grain and grain products storage services;
  • certificate of quality of grain and grain products;
  • special permit for mixing or burying waste that cannot be utilized in Ukraine owing to lack of appropriate technology;
  • protocol of technical inspection of ships not subject to supervision of a maritime registrar;
  • certificate of conformance of company and ships to the requirements of the International Management Code for the Safe Operation of Ships and for Pollution Prevention, 1993;
  • permit to import to Ukraine aquatic bioresources, and food and conversion products, by quantity and species composition;
  • permit to import unregistered genetically modified organisms for research purposes, in closed and open systems, and for the purposes of state approbation (testing);
  • permit to carry out measures aimed at protection of ecosystems, mitigation of consequences of accidents and natural disasters, and for other purposes not provided for by the planning project of a natural reserve and for protection of its ecosystems;
  • permit to operate a hazardous waste handling facility;
  • permit to store and remove waste;
  • approval of siting of enterprises that process, utilize or destroy off-grade or hazardous products recalled from the market;
  • approval of petition to receive permit for specialized water use from state water management authorities (for surface water use), state geological authorities (for ground water use) or state health care authorities (for use of water bodies categorized as medicinal);
  • approval of permit for works on water resource lands (except for works in protected shoreline belts of seas, sea gulfs and coastal lakes, inland seas, and territorial sea) related to dredging, cabling, pipelining, and laying other communications in water resource lands;
  • permit for waste burial (storage);
  • special permit for waste dumping;
  • permit of the chief state medical officer for development and production of new food products;
  • approval of permit to use remaining pesticides and agrochemicals with expired registration: 1) from central executive authority implementing state policy in the sphere of sanitary and epidemiologic public welfare; 2) from central executive authority implementing state agrarian policy;
  • approval from the central executive authority implementing state policy in the sphere of sanitary and epidemiologic public welfare to import unregistered pesticides and agrochemicals used for state testing and research to the customs territory of Ukraine, in scientifically feasible amounts, according to state testing and research plans, and of seeds (seedlings) treated by such materials;
  • approval of the list of pesticides and agrochemicals permitted for use in Ukraine, including for detail and for aerial treatment: 1) from the central executive authority implementing state policy in the sphere of sanitary and epidemiological public welfare; 2) from the central executive authority implementing state agrarian policy;
  • determining the assortment and production volumes of domestic plant protection products, coordinating their import purchasing, controlling wholesale and retail of plant protection products;
  • approval of plant protection products assortment, technical conditions for production and use, and plans of state testing and registration; approval of the list of pesticides permitted for use in Ukraine and assortment of pesticides imported into Ukraine;
  • analytical studies of plant protection products;
  • permit for incineration of dry natural vegetation or its remains;
  • permit for construction and/or reconstruction of high-hazard facilities;
  • permit for operation of high-hazard facilities;
  • special permit for storing, dumping or transporting industrial and household waste that releases contaminant substances into the air, has an unpleasant smell, or another hazardous influence;
  • quarantine permit for containers made of plant raw materials;
  • permit to produce, transport and supply electrical, thermal and mechanical energy generated from alternative sources;
  • permit to produce geothermal energy;
  • permit to site equipment that uses solar radiation, wind and waves, to create alternative energy facilities;
  • permit to create networks for transporting alternative energy to consumers;
  • permit to connect alternative energy generating facilities of any form of ownership to the unified energy system of Ukraine;
  • permit for tourist escorting;
  • certificate of conformance to sanitary-epidemiological, sanitary-veterinary and technical norms and requirements in production of milk, dairy raw materials and dairy products;
  • permit to establish zoos;
  • approval of activities that influence or may influence forest condition and reforestation;
  • permit to carry out measures aimed at protecting ecosystems, mitigating the consequences of accidents and natural disasters, and with other purposes;
  • approval of the procedure for protection and escort of perishable cargoes;
  • permit to transfer certain plant species into new areas (introduction), and to acclimatize plant species that are new to the flora of Ukraine.

The Law limits the scope of effect of the following licensing documents:
  • veterinary documents: veterinary certificates for movement within a district;
  • veterinary documents: veterinary certificates (for Ukraine, forms N1 and N2) for movement outside the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol, districts, and cities;
  • permit for construction, dredging works, sand and gravel extraction, cabling, pipelining and other communication laying on the water resource lands;
  • permit to import radioelectronic equipment and radiation devices;
  • certificate of conformance of a finished construction object to the project documents, state construction norms, standards, and regulations;
  • certificates for mobile exhibition, re-export and introduction from the sea of sturgeon fish samples and their products, which are regulated by the Convention for International Trade with Endangered Species;
  • confirming the legality of collection of aquatic bioresources from their habitat and processing of the catch yield;
  • permit to carry out high-hazard works and operate (use) high-hazard devices, equipment and machinery;
  • special resolution regarding seeds and seedlings of breeds not included in the Breeds Register of Ukraine and not considered prospective.

The Law amends the Law of Ukraine "On the Permit System in the Field of Economic Activity" as follows:
  • all approvals that must be part of the licensing (approval) procedure shall be carried out without participation of the business entity, via interaction between authorities;
  • the obligation to procure approvals, opinions and other documents preceding procurement of the licensing document is borne by the licensing authority that is issuing the licensing document, without involving the business entity.

Article 1 of the Law of Ukraine "On the List of Licensing Documents in the Economic Sector" is supplemented by a norm, according to which the necessity to procedure licensing documents established by laws takes effect exclusively after such documents are included in the List of Licensing Documents in the Economic Sector.

The draft amends Articles 18 and 183-2 of the Code of Administrative Proceedings of Ukraine that envisage the following:
  • disputes related to response measures used by authorities in the licensing system are included in the jurisdiction of district administrative courts;
  • administrative cases related to response measures used by authorities in the licensing system shall be reviewed under abbreviated proceedings.

The Law makes the following amendments to the Decree of the Cabinet of Ministers of Ukraine "On Standardization and Certification":
  • cancelling the mandatory nature of national standards of Ukraine;
  • cancelling necessary state registration of product technical specifications and their amendments with territorial bodies of the central executive authority in the issues of technical regulation;
  • liquidating technical specifications;
  • cancelling necessary reference of supply agreements to state-registered normative documents under which products shall be supplied;
  • liquidating industrial standards, scientific and technical standards, standards of engineering associations and unions, and company standards.

In the Law of Ukraine "On Grain and the Grain Market in Ukraine", the following state registers are cancelled:
  • register of certificates of conformance of grain and grain products storage services;
  • register of certificates of grain and grain product quality.
The Law also cancels the following fines:
  • for export and import operations with grain and grain products, or transportation of grain and grain products throughout Ukraine without appropriate quality certificates, by grain market entities (fines of UAH 1,700 to UAH 3,400);
  • for storing grain and grain products without certifying grain and grain product storage operations, by grain storage entities (fines of UAH 3,400 to UAH 5,100).

The Law considerably narrows down the scope of the Law of Ukraine "On Veterinary Medicine" the provisions of the latter no longer apply to food products.

According to the Law, Chief State Veterinary Inspectors and Chief State Medical Officers no longer have the right to issue operating permits for catch yield processing capacities (objects) (amendments to the Law of Ukraine "On Fish, Other Living Aquatic Resources, and Food Products Derived from Them").

The Law cancels the procedure of quarantine supervision of plants imported for the purposes of monitoring and inspection of the phytosanitary state of foreign regulated objects, established by the Law of Ukraine "On Plant Quarantine".

In the Law of Ukraine "On Pesticides and Agrochemicals", the following procedures are cancelled:
  • coordination of production, purchase, volumes and assortment of pesticides and agrochemicals by the central executive authority implementing state agrarian policy, in coordination with the central executive authority implementing state policy in the sphere of sanitary and epidemiological public welfare and the central executive authority implementing state policy in the sphere of environmental protection;
  • determining the pesticide and agrochemical needs (product volumes and assortment) of the domestic market by the central executive authority implementing state agrarian policy.

The Law amends the Law of Ukraine "On Plant Protection" as follows:
  • cancelling inspection of agricultural products and plant raw materials for residual content of pesticides, agrochemicals and heavy metals, based on results of laboratory analysis; cancelling the process of inspecting agricultural products and plant raw materials storage conditions conformance;
  • cancelling state control over conformance of plant protection products imported to Ukraine to quality certificates;
  • cancelling state control over residual content of pesticides, agrochemicals and heavy metals in agricultural products and plant raw materials;
  • cancelling state control over conformance to pesticide and agrochemical (only plant growth regulators) application regulations;
  • cancelling control over wholesale and retail of plant protection products;
  • cancelling the norm determining the conformance appraisal authority (certification authority) concerning residual content of pesticides, agrochemicals and heavy metals in agricultural products and plant raw materials;
  • cancelling the procedure for determining production volumes and assortment of domestic plant production products, and coordination of their import;
  • cancelling the relevant rights of state phytosanitary inspectors of Ukraine;
  • cancelling the liability of business entities for: 1) failure to notify appropriate state inspection for plant protection about moving plant protection product assortment from/to an administrative territorial unit; 2) evasion from presenting or failure to present plant protection products, agricultural products and plant raw materials for analysis thereof; 3) failure to receive conformance certificate concerning residual content of pesticides, agrochemicals and heavy metals in agricultural products and plant raw materials; 4) failure to procure certificate of conformance to pesticide and agrochemical (only plant growth regulators) application regulations in agricultural products and plant raw materials;
  • cancelling the necessary analysis of plant protection products for their import to Ukraine.

In the Law of Ukraine "On Waste", the Law cancels sanctions for exceeding the limits for waste generation and dumping volumes.

According to the amended Law of Ukraine "On the Radio Frequency Resource of Ukraine", radioelectronic equipment and radiation devices must conform not to standards, but to technical regulations.

Amendments to the Law of Ukraine "On Licensing of Certain Types of Economic Activity" cancel the license for collection and preparation of certain types of waste for use as recycled materials.
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