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Publication date: 16.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Current legislation establishes the principle according to which certain types of economic activity are subject to state regulation in the form of licensing. The list of activities for which a permit document (license) is required is clearly established by legislation. One of these types of economic activity is fuel retailing, which is the sale of fuel to final consumers for personal consumption, that is, it will not have a commercial purpose. The result of the licensing procedure is obtaining a license as a document certifying the right of the business entity to conduct business activities.
Features of the fuel retail license:
The legislation provides an opportunity to obtain the necessary license for a business entity, i.e. a legal entity, a sole proprietorship, as well as a foreign business entity, if it acts through its registered representative office. The body authorized to issue a license in this case will be the State Tax Service located at the business entity's place of business, and it is to it that you should apply with the appropriate application and the necessary package of documents. If the business entity has several places of retail trade, it is necessary to obtain a license for each of them. It is worth noting that the license is issued by the licensing authority for a period of five years, and every year the subject will be required to pay a fee for it. The fee is UAH 2,000. for each place from which trade will be carried out. It is necessary to pay attention to the exceptions from the above, so if the economic entity will conduct retail trade of fuel only in consumer containers (with a volume of no more than 5 liters), then obtaining a license in such a case is not necessary. If the business entity has received a license for retail trade in fuel, then the need to obtain a license to store fuel in a retail trade location is excluded. In the event that: a business entity has submitted an application for cancellation of a license, an existing decision to cancel its state registration, has not paid the annual fee for a license, has submitted documents that were not issued by the authorized bodies, or has submitted unreliable data, carried out retail trade with the help of PRO, which are not specified in the license and in other cases - the license is subject to cancellation.
The procedure for obtaining a license:
1. The first step is to prepare the necessary package of documents for obtaining a license, namely: the relevant application, documents that would confirm ownership, use of the land plot on which the retail facility is located, a document that will confirm the commissioning of this object object, as well as a permit to carry out high-risk works and operate those mechanisms or equipment that carry a high risk. In particular, the application must indicate the type of activity that the business entity wishes to engage in and which is subject to licensing, as well as detailed information about the PRO, through which retail trade will be carried out.
2. Having collected the above-mentioned documents, it is necessary to proceed to their direct submission to the licensing authority. This can be done on purpose, in electronic form or sent by mail. In turn, the State Tax Service, as the authority authorized to issue a license, will check the submitted package of documents and make a decision on issuing a license within twenty days.
3. The final step is the entry of relevant information by the licensing authority into the EDR.
Lawyer for business in obtaining a license:
Legal services for business may be needed at the stage of preparing documents and submitting them to the licensing authority, because this is one of the most important stages. The correctness of the application, collection of the necessary documents and consideration of all the above-mentioned features is the result that can be guaranteed by a business lawyer. Legal protection of business will be extremely necessary in the event of an unjustified refusal to issue a license.
