Draft Law of Ukraine

“On Amendment of Some Legislative Acts of Ukraine”

The main goal of the proposed draft is to bring legal norms governing licensing of economic activity into conformity with the Law of Ukraine “On the Licensing of Certain Types of Economic Activity”.

According to this draft, the following amendment is to be made to the text of the Subsoil Code of Ukraine: the words “permit (license)” shall be substituted for the words “special permits”. From the date, on which this norm comes into force, licenses will not be needed to use Ukraine’s subsoil. Activity will be governed by way of issuance of special permits. Such situation is likely to entail nullification of previously issued licenses, and it will be needed to get new documents (special permits).

It is suggested to make amendments to the text of the Merchant Shipping Code of Ukraine. According to the proposed amendments, it is necessary to get a permit (not a license) in order to use ship radio stations aboard a ship.

Business entities will have to get the relevant license for performance of the merchant shipping activity only if it is directly required by law. This norm, if adopted, will lift existing limitations and thus, a wider circle of business entities will have an opportunity to engage in merchant shipping.

The above draft law provides for amendment of part six of Article 18 of the Law of Ukraine “On Employment of Population”. Pursuant to the proposed amendments, activity in rendering agency services in providing Ukrainians with employment abroad may be performed only on the basis of the relevant license. Fines will be imposed on those, who render above services without the license. The collected funds will be contributed in full into the State Budget of Ukraine.

The proposed amendments are expected to block illegal migration of Ukrainian workforce and illegal entrepreneurial activity in providing Ukrainian citizens with employment abroad.

Amendments will be made to Article 8 of the Law of Ukraine “On Transport”. According to these amendments, license card of the determined standard will be issued along with the license for each vehicle to confirm the right to render services in transportation of passengers and cargoes by the vehicle on the basis of the obtained license. Adoption of such amendments will help to identify any vehicle that renders transportation services. It will become impossible to substitute any vehicle, in the event of its failure, for another vehicle without making relevant changes in the license card, and this will, undoubtedly, cause corresponding financial expenses.

Pursuant to the suggested draft law, a Certificate of Conformity issued by a producer is to be removed from the list of documents needed to import medicinal products in Ukraine.

Pursuant to the proposed changes, it will be allowed to trade in medicinal products in Ukraine upon availability of the relevant license. Separate licenses will be issued for wholesale trade and for retail trade. Introduction of the proposed amendments into the Law of Ukraine “On Medicinal Products” will enable importers to certify medicinal products directly in the territory of Ukraine and comply with requirements of Ukrainian legislation.

Application of licenses of two types to trade in medicinal products (for wholesale trade and for retail trade) will help to precisely outline requirements to different types of trade-related activity.