The Law of Ukraine

On Withdrawal from Circulation, Processing, Recycling, Destruction, or Further Use of Low-Quality and Dangerous Products

Date of Entry into Force:
March 1, 2000

The Law of Ukraine “On Withdrawal from Circulation, Processing, Recycling, Destruction, or Further Use of Low-Quality and Dangerous Products” (hereinafter referred to as “the Law”) establishes legal and organizational grounds for withdrawing from circulation, processing, recycling, destroying, or further using low-quality and dangerous products for the purpose of preventing negative impact of such products on human life, health, property, and environment.

Low-quality and dangerous products shall include:
- products that do not meet requirements of Ukraine's current normative and legal acts and normative documents with respect to relevant types of products regarding their consumer properties;
- products that do not meet mandatory requirements of Ukraine's current normative and legal acts and normative documents with respect to human life, health, property, and environment;
- products that for the purpose of sale to consumers were intentionally given the appearance and (or) specific properties of a certain type of products by the producer (seller), but that cannot be identified as products they are intended to resemble;
- products, whose marking process violated legislative requirements to the language of marking and (or) to the content and completeness of information that should be provided;
- products that cannot be used or consumed due to their expiry date;
- products, for which there are no relevant documents, envisaged by the legislation, that confirm the quality and safety of products.

Low-quality and dangerous products shall be subject to mandatory withdrawal from the circulation. Withdrawal of low-quality and dangerous products from the circulation shall be performed by the owner of such products upon their own decision or upon the decision of specially authorized bodies of executive power according to their authority.

Disputes in the area of withdrawing low-quality and dangerous products from the circulation and treating them further shall be considered by a court.

The Law regulates relations arising in the process of withdrawing from the circulation, processing, recycling, destroying, or using further low-quality and dangerous products and is applied to owners of low-quality and dangerous products, bodies of executive power, bodies of local self-government, as well as enterprises processing, recycling or destroying low-quality and dangerous products withdrawn from the circulation. The Law shall not be applied to owners of products, whose activity is related to production and participation in the circulation of:
- military, hunting, sports firearms and ammunition thereto;
- cold arms and air rifles;
- explosive substances;
- special items loaded with tear-gas and irritant substances, of individual protection, active defense and items for carrying out special operation and operational investigation activities;
- especially dangerous chemical substances;
- nuclear material, specially decomposed materials, and other products in the area of utilizing nuclear energy;
- medical and narcotic substances, psychotropic substances, their analogs, and precursors.

The Law stipulates the authorities of:
- the Cabinet of Ministers of Ukraine;
- the Crimean Autonomous Republic;
- local state administrations and bodies of local self-government;
- specially authorized bodies of executive power;
- central body of executive power in the area of:
a) sanitary and epidemiological welfare of the population;
b) standardization, metrology and certification and its territorial bodies;
c) environmental protection and nuclear safety and its local bodies in the area of withdrawing low-quality and dangerous products from the circulation and treating them further.

General requirements to the procedure and rules of processing, recycling, destroying, or further using low-quality and dangerous products withdrawn from the circulation shall be established by the Cabinet of Ministers of Ukraine. The procedure, conditions and rules shall be developed and approved by specially authorized central bodies of executive power within the scope of their authority.

Works related to processing, recycling, destroying, or further using low-quality and dangerous products withdrawn from the circulation shall be paid for by owners of such products. Processing, recycling, destroying, or further using low-quality and dangerous products withdrawn from the circulation, whose owner is unknown, shall be carried out at the expense of local budgets.

Individuals guilty of violating the legislation on withdrawing from the circulation, processing, recycling, destroying, or further using low-quality and dangerous products shall bear disciplinary, administrative, civil, or criminal responsibility, according to the law.
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