Publication date: 10.07.2024
The procedure for obtaining a fishing licence
Fishing activities are an important component of Ukraine's economy, contributing to the development of agriculture, preservation of water resources and supply of fish products to the population. To carry out this activity, you need to obtain a licence. In this article, we will review the main aspects of the procedure for obtaining a fishing licence in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
Legal framework
The process of obtaining a fishing licence in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Fisheries, Commercial Fishing and Protection of Aquatic Bioresources":
- The main law defining the legal, organisational and economic principles of fisheries management, establishing requirements for the organisation and conduct of fishing, as well as liability for violations of legislation in this area.
TheLaw of Ukraine "On Licensing of Economic Activities":
- The main law regulating the licensing of economic activities, including fishing activities. It defines the general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
Water Code of Ukraine:
- Defines the legal framework for the use and protection of water resources, including requirements for fishery water bodies and their use.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for water bodies, protection of aquatic bioresources and environmental safety.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Issuing Licences for Conducting Business Activities for the Provision of Fishery Services":
- Sets out the details of the process of obtaining a licence for fishing activities, the list of required documents and the procedure for reviewing applications.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and suppliers of fisheries services, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on fisheries and protection of aquatic bioresources.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules for Fisheries and Fishing":
- Establishes detailed rules for fisheries management, the procedure for organising and conducting fishing, requirements for equipment and safety of fishermen.
Types of licences for fishing activities
There are several types of licences for fishing activities in Ukraine, depending on the nature of the activity and the type of fishing services:
Commercialfishing licence:
- A permit to carry out activities related to catching fish and other aquatic bioresources on an industrial scale.
Licence for fishing activities in inland waters:
- Permit to organise and conduct fishing activities in inland water bodies such as rivers, lakes, ponds.
Aquaculture licence:
- A permit for the cultivation of fish and other aquatic bioresources in artificial conditions (ponds, pools, aqua farms).
Licence for fishing in marine waters:
- A permit for fishing in the territorial waters and exclusive economic zone of Ukraine.
Requirements for applicants
In order to obtain a fishing licence, a business entity must meet a number of requirements set by law. The main requirements include:
Organisational and legal form:
- A fishing licence can be obtained by legal entities and individual entrepreneurs registered in accordance with the laws of Ukraine.
Material and technical base:
- The business entity must have the necessary material and technical base for carrying out fishing activities, including equipment, vehicles, storage facilities for fishing equipment and other resources.
Compliance with environmental and sanitary standards:
- Premises, equipment and vehicles must comply with environmental and sanitary standards established by law.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to provide fisheries management services. The staff must have appropriate education, training and certificates.
Nocriminal record:
- The managers and employees of the business entity must not have any convictions for serious crimes, crimes against property, life and health, as well as other crimes provided for by law.
The procedure for applying for a licence
The procedure for applying for a fishing licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate (for individual entrepreneurs).
- Documents confirming the availability of the material and technical base (lease agreements for premises, equipment acceptance certificates, etc.)
- Documents confirming compliance with environmental and sanitary standards (environmental assessment reports, sanitary and epidemiological reports, etc.)
- Qualification documents of employees (diplomas, certificates, work experience certificates, etc.).
- An application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the licensing authority, which is the State Agency of Fisheries of Ukraine or another competent authority depending on the type of fishing activity. Documents may be submitted in person, by mail or electronically through specialised portals.
Consideration of the application:
- The licensing authority considers the application and checks the applicant's compliance with the established requirements. This includes verification of the submitted documents and a possible on-site inspection at the place of business. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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