Publication date: 11.07.2024
The procedure for obtaining a licence for agricultural activities
Agricultural activities play an important role in the Ukrainian economy, providing the population with food resources and contributing to the development of the agricultural sector. Conducting agricultural business requires compliance with a number of regulatory requirements and obtaining the relevant licences. In this article, we will review the main aspects of the procedure for obtaining an agricultural licence in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining a licence for agricultural activities in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Agriculture":
- The main law that defines the legal, organisational and economic principles of agriculture, establishes requirements for the organisation and conduct of agricultural operations, as well as liability for violations of the legislation in this area.
TheLaw of Ukraine "On Licensing of Economic Activities":
- The main law regulating licensing of economic activities, including agricultural activities. It defines the general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for the protection and use of land resources, protection of biodiversity and environmental safety.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and suppliers of agricultural services, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Land Code of Ukraine:
- Defines the legal framework for the use and protection of land, including requirements for the use of agricultural land, its protection and conservation.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Issuing Licences for Conducting Business Activities for the Provision of Agricultural Services":
- Sets out the details of the process of obtaining a licence for agricultural activities, the list of required documents and the procedure for reviewing applications.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules for Conducting Agricultural Activities":
- Establishes detailed rules for conducting agricultural activities, the procedure for organising and conducting agricultural activities, requirements for equipment and safety of workers.
Types of agricultural licences
There are several types of licences for agricultural activities in Ukraine, depending on the nature of the activity and the type of agricultural services:
Alicence for growing crops:
- A permit to carry out activities related to the cultivation of grain, industrial, vegetable and other crops.
Livestock breedinglicence:
- A permit to carry out activities related to the cultivation and breeding of farm animals, including cattle and small cattle, pig breeding, poultry farming, etc.
Licence for processing of agricultural products:
- A permit to carry out activities related to the processing of agricultural products, including the production of food, feed, biofuels, etc.
Agricultural Services Licence:
- A permit to carry out activities related to the provision of agricultural services, such as land cultivation, fertilisation, harvesting, storage, etc.
Requirements for applicants
In order to obtain an agricultural licence, a business entity must meet a number of requirements set by law. The main requirements include:
Organisational and legal form:
- A licence to carry out agricultural activities may 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 agricultural activities, including equipment, vehicles, storage facilities for products 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 agricultural services. The staff must have appropriate education, training and certificates.
No criminal record:
- 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 an agricultural 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 Ministry of Agrarian Policy and Food of Ukraine or another competent authority depending on the type of agricultural activity. Documents may be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication:
- The licensing authority considers the application and checks whether the applicant meets the requirements. This includes checking the submitted documents, possibly conducting an 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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