Law of Ukraine

"On Wholesale Markets of Agricultural Production"

Date of entry into force:
August 5, 2009

The present Law defines the legal grounds of activity of the wholesale markets of agricultural production in Ukraine. The present Law regulates relations in the said sphere and aims to protect the rights and legal interests of agricultural producers who sell their production wholesale.

According to Article 1 of the present Law, a wholesale market of agricultural production is a legal entity, whose subject of activity lies in rendering services to enable wholesale of agricultural production, and which has been granted the status of a wholesale market of agricultural production according to the procedure defined by the present Law.

The procedure for obtaining or losing the status of a wholesale market of agricultural production for a legal entity is defined in Article 4 of the present Law. The status of a wholesale market of agricultural production is granted by the central body of executive power on agricultural policy, on a competitive basis. The legal entity that intends to obtain the status of a wholesale market of agricultural production submits the following documents to the central body of executive power on agricultural policy:
  • application to obtain the status of a wholesale market of agricultural production;
  • project (business plan) for organizing the activity of the legal entity in the status of a wholesale market of agricultural production;
  • notarized copies of onstituent documents;
  • draft of Rules and Regulations for Operation of the Wholesale market of Agricultural Production;
  • notarized copy of the Certificate of State Registration;
  • a statement of inclusion into the Unified State Register of Enterprises and Organizations of Ukraine;
  • information on the founders (participant) of the legal entity, confirmed by documents.

The above documents are reviewed by the central body of executive power on agricultural policy within thirty calendar days from their receipt.

The central body of executive power on agricultural policy can deprive a legal entity of the status of a wholesale market of agricultural production on the following grounds:
  • application of the legal entity requesting to be deprived of the status of a wholesale market of agricultural production;
  • termination of the legal entity;
  • finding of false information being submitted, namely, discrepancies between the data presented in the documents submitted by the legal entity to obtain the status of a wholesale market of agricultural production and the real data;
  • violation of the requirements of the present Law and other normative-legal acts by the wholesale market of agricultural production.

According to Article 5 of the present law, operators of wholesale markets of agricultural production are the following entities:
  • buyers;
  • sellers;
  • associations of sellers and/or buyers;
  • other natural persons or legal entities that perform works and/or render services necessary for operation of wholesale markets of agricultural production.

Article 6 of the present Law defines the main directions of activity of wholesale markets of agricultural production.

According to Article 7 of the present Law, a wholesale market of agricultural production creates appropriate conditions for wholesale of agricultural production by rendering the following services:
  • providing appropriately equipped workplaces to operators of wholesale markets of agricultural production;
  • preparing batches of agricultural production for sale;
  • documenting of purchase and sale of agricultural products (if necessary);
  • forming batches of standardized agricultural production;
  • organizing sales and auctions;
  • stocking, storing, shipping and delivery of batches of agricultural production;
  • quality control of agricultural production;
  • providing operators of wholesale markets of agricultural production with reliable information on the conditions of the agricultural production market and consumer qualities of said production;
  • advertising services;
  • organizing and spreading reliable information on demand, supply and price levels of agricultural production;
  • organizing exhibitions, trainings, seminars, conferences, educational courses, competitions;
  • transporting batches of agricultural production;
  • providing sellers and buyers with the necessary loading and unloading equipment, weighing equipment, etc;
  • safekeeping of the property of the operators of wholesale markets of agricultural production;
  • other services necessary for operation of wholesale markets of agricultural production.

Requirements to Rules and Regulations for Operation of the Wholesale market of Agricultural Production are defined in Article 11 of the present Law.

Wholesale markets of agricultural production, regardless of their ownership form and organizational and legal form, receive financial aid from the funds of the State Budget of Ukraine, with or without subsequent repayment. State financial aid for wholesale markets of agricultural production can also be granted in the form of loans, credits and any other form (Article 13 of the present Law).

Article 14 of the present Law states that taxation laws may provide for tax privileges or special treatment of taxation for wholesale markets of agricultural production. Bodies of local self-government may grant wholesale markets of agricultural production relief on payment of local taxes and fees, within their scope of authority.

The activity of wholesale markets of agricultural production is controlled by the central body of executive power on agricultural policy, other bodies of state power and bodies of local self-government, within the scope of authority defined by the law (Article 16 of the present Law).

According to Article 17 of the present Law, wholesale markets of agricultural production have the right to create voluntary associations of wholesale markets of agricultural production in order to coordinate their operations, render mutual assistance and satisfy own economic needs. Associations of wholesale markets of agricultural production are created and operated as non-profit organizations (non-entrepreneurial partnerships) according to the law.

The final provisions of the present Law require introduction of amendments to the Land Code of Ukraine and the Laws of Ukraine "On State Registration of Legal Entities and Natural Persons Entrepreneurs and "On Amendment of the Law of Ukraine "On the State Budget of Ukraine for 2005" and Some Other Legislative Acts of Ukraine".
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