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Publication date: 22.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for obtaining a license for the transportation of dangerous goods and hazardous waste
Article 7 of the Law of Ukraine "On Licensing of Types of Economic Activity" No. 222-VIII contains a list of types of economic activity that are subject to licensing, according to which the transportation of dangerous goods and hazardous waste by river, sea, road, rail and air transport can be carried out only if there is a corresponding license
In accordance with the provisions of Art. 10 of Law No. 222-VIII, documents may be submitted to the licensing authority at the option of the license applicant by mail, with a description of the attachment, or in electronic form.
The application for obtaining a license and supporting documents, submitted in paper form, are accepted according to the description.
The application for obtaining a license must contain information about:
- the licensee (depending on whether he is a legal entity or an individual entrepreneur);
- the type of economic activity for which the license applicant intends to obtain a license;
Part 3 of Article 11 of Law No. 222-VIII contains a list of documents submitted for obtaining a license.
Depending on the type of transportation, the Cabinet of Ministers of Ukraine approved various licensing conditions for transportation by separate acts:
- Decree of the Cabinet of Ministers of Ukraine "On the approval of licensing conditions for carrying out business activities for the transportation of passengers, dangerous goods and hazardous waste by road transport, international transportation of passengers and goods by road transport" dated 02.12.2015 No. 1001;
- Resolution of the Cabinet of Ministers of Ukraine "On the approval of licensing conditions for carrying out business activities for the transportation of passengers, dangerous goods and hazardous waste by river and sea transport" dated 12.23.2015 No. 1186;
- Resolution of the Cabinet of Ministers of Ukraine "On approval of the licensing conditions for carrying out business activities for the transportation of passengers, dangerous goods and hazardous waste by rail transport" dated 09.12.2015 No. 1168;
- Resolution of the Cabinet of Ministers of Ukraine "On the approval of licensing conditions for carrying out business activities for the transportation of passengers, dangerous goods and hazardous waste by air" dated March 10, 2017 No. 134.
These license conditions, depending on the type of transportation, establish additional documents necessary for obtaining a license, personnel, technological, organizational requirements for the license applicant or licensee.
The provisions of Art. 9 of Law No. 222-VIII establishes that in order to obtain a license, the applicant must meet the license conditions. In the case of changes to the license conditions in the part of changing the list of documents attached to the application for obtaining a license, the same changes establish the deadline for submitting these additional documents, which cannot be less than 2 months from the date of publication of the changes to the license conditions.
Requirements cannot be included in the license conditions:
- regarding compliance with the legislation of Ukraine in the relevant field and/or individual laws in general;
- legislation that is mandatory for all business entities.
According to Art. 12 of Law No. 222-VIII, the licensing body shall determine the presence or absence of grounds for leaving it without consideration within 5 working days from the date of receipt of the application for obtaining a license and, in the event of their existence, shall make an appropriate decision.
Licensing authorities are:
- State Service of Ukraine for Transport Safety (Ukrtransbezpeka);
- State Aviation Service of Ukraine (air transport licensing body).
Part of the 5th Art. 11 of Law No. 222-VIII establishes that officials of licensing bodies are prohibited from demanding from a license applicant:
- submission of original documents (except for documents drawn up directly by the license applicant);
- indication in the documents submitted for obtaining a license, information or submission of documents not provided for by the license conditions;
- documents confirming or refuting information about him, issued by other state authorities, local self-government bodies or their officials (excerpts, extracts, certificates, letters);
- the presence on the document (its copy) submitted by the business entity of an imprint of its seal or a notarial certification of the authenticity of a copy of the document, if the obligation of such notarial certification is not established by law.
In accordance with Part 2 of Art. 12 of Law No. 222-VIII, the grounds for leaving an application for obtaining a license without consideration are:
- submission of documents not in full, attached to the application for obtaining a license, except for re-submission of documents in accordance with the procedure provided for in Part 5 of Art. 12;
- the application or at least one of the documents attached to the application for obtaining a license is signed by a person who does not have the authority to do so, or is executed in violation of the requirements of this Law, is not made according to the prescribed form, or does not contain data that must be entered into them in accordance with this Law;
- submission of an application in violation of the terms stipulated by this Law;
- lack of information about the license holder (business entity) in the Unified State Register of legal entities, natural persons - entrepreneurs and public formations or the presence of information about the state registration of its termination;
- availability of information on the control over the activities of the economic entity in the sense given in Art. 1 of the Law of Ukraine "On the Protection of Economic Competition", by residents of states that carry out armed aggression against Ukraine, in the sense given in Art. 1 of the Law of Ukraine "On the Defense of Ukraine".
For all other reasons not provided for in this article, leaving the application without consideration is prohibited.
After eliminating the reasons that became the basis for making a decision to leave the application for obtaining a license without consideration, the applicant for a license can re-submit an application for obtaining a license.
In accordance with Part 2 of Art. 13 of Law No. 222-VIII, in the event that there are grounds for refusing to issue a license, the licensing authority makes a reasoned decision to refuse to issue a license, which takes effect from the day of its adoption and is subject to mandatory publication on the official website of the licensing authority on the next business day days after its acceptance.
The grounds for making a decision on refusal to issue a license based on the result of consideration of an application for obtaining a license are:
- establishment of non-compliance of the licensee with the license conditions;
- detection of unreliability of data in supporting documents submitted by the license applicant. Detection of the inauthenticity of data in the supporting documents submitted by the business entity to the licensing authority is the establishment of a discrepancy between the data in the supporting documents and the actual state of this business entity at the time of submission of the documents. Data are not considered to be unreliable, the basis for which the business entity provided could not be knowingly inappropriate for him;
- the availability of information in the licensing body about the court decision regarding the licensee, which forbids him to conduct a separate type of economic activity that is subject to licensing, and which has entered into force in accordance with Art. 255 of the Code of Administrative Procedure.
In case of refusal to issue a license on the basis of the first two points, the licensee/licensee may submit a new application for obtaining a license to the licensing authority in accordance with Part 4.5 tbsp. 13 of Law No. 222-VIII.
The decision to refuse to issue a license can be appealed to the court or the Expert-Appeal Council on Licensing in accordance with the procedure of part. 7-9th century 5 of Law No. 222-VIII.
Part of the 8th Art. 13 of Law No. 222-VIII establishes a 10-day period for making a decision on issuing a license or refusing to issue it from the day the licensing body receives an application for obtaining a license.
The decision enters into force and is published on the official website of the licensing body, and information about such a decision is entered into the license register on the next business day after its adoption.
In the decision on the issuance of a license, the licensing authority shall specify the details of the account for the payment of the fee for the issuance of the license. The licensing authority is prohibited from requiring business entities to pay a fee for issuing a license before making a decision on its issuance.
The provisions of Art. 14 No. 222-VIII established that for the issuance of a license, a one-time fee in the amount of one subsistence minimum, based on the amount of the subsistence minimum for able-bodied persons, effective on the day of the decision on the issuance of a license by the licensing body, is made, unless another fee is established by law.
The fee for issuing a license shall be paid by the licensee no later than 10 working days from the date of entry of the decision to issue a license in the license register. The document confirming the payment of the fee for issuing a license is a copy of a receipt issued by a bank, a copy of a payment order with a bank mark, a receipt from a payment terminal, a receipt (check) from a post office.
Renewing the license is free of charge. The fee for narrowing down the type of economic activity subject to licensing is not paid.
According to Art. 19 of Law No. 222-VIII establishes supervision and control in the field of licensing. Licensing bodies control the availability of licenses, as well as compliance by licensees with license conditions by conducting scheduled and unscheduled inspections. The procedure for such inspections is established by the Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Conducting Scheduled and Unscheduled Inspections of Compliance by Licensing Authorities with Legislative Requirements in the Licensing Area by a Specially Authorized Licensing Body" dated March 16, 2016 No. 182.
The grounds for suspension and cancellation of the license are established by Art. 16 of Law No. 222-VIII.
Legal service "Consultant" will provide professional assistance in preparing documents for obtaining licenses, including: alcohol license, fuel storage license, medical practice license, international transport license , beer licenses, taxi license, etc.
