Date of entry into
force:
August 5, 2009
(Abstract)
The present Law defines the legal grounds of activity of the wholesale
markets of agricultural production in Ukraine. The present Law regulates
relations in the said sphere and aims to protect the rights and legal interests
of agricultural producers who sell their production wholesale.
According to Article 1 of the present Law, a wholesale market of
agricultural production is a legal entity, whose subject of activity lies in
rendering services to enable wholesale of agricultural production, and which
has been granted the status of a wholesale market of agricultural production
according to the procedure defined by the present Law.
The procedure for obtaining or losing the status of a wholesale market of
agricultural production for a legal entity is defined in Article 4 of the
present Law. The status of a wholesale market of agricultural production is
granted by the central body of executive power on agricultural policy,
on a competitive basis. The legal entity that intends to obtain the status of a
wholesale market of agricultural production submits the following documents to
the central body of executive power on agricultural policy:
·
application to
obtain the status of a wholesale market of agricultural production;
·
project (business
plan) for organizing the activity of the legal entity in the status of a
wholesale market of agricultural production;
·
notarized copies
of сonstituent documents;
·
draft of Rules and
Regulations for Operation of the Wholesale market of Agricultural Production;
·
notarized copy of
the Certificate of State Registration;
·
a statement of
inclusion into the Unified State Register of Enterprises and Organizations of
Ukraine;
·
information on the
founders (participant) of the legal entity, confirmed by documents.
The above documents are reviewed by the central body of executive power on
agricultural policy within thirty calendar days from their receipt.
The central body of executive power on agricultural policy can deprive a
legal entity of the status of a wholesale market of agricultural production on
the following grounds:
·
application of the
legal entity requesting to be deprived of the status of a wholesale market of
agricultural production;
·
termination of the
legal entity;
·
finding of false
information being submitted, namely, discrepancies between the data presented
in the documents submitted by the legal entity to obtain the status of a
wholesale market of agricultural production and the real data;
·
violation of the
requirements of the present Law and other normative-legal acts by the wholesale
market of agricultural production.
According to Article 5 of the present law, operators of wholesale markets
of agricultural production are the following entities:
·
buyers;
·
sellers;
·
associations of
sellers and/or buyers;
·
other natural
persons or legal entities that perform works and/or render services necessary
for operation of wholesale markets of agricultural production.
Article 6 of the present Law defines the main directions of activity of
wholesale markets of agricultural production.
According to Article 7 of the present Law, a wholesale market of
agricultural production creates appropriate conditions for wholesale of
agricultural production by rendering the following services:
·
providing
appropriately equipped workplaces to operators of wholesale markets of
agricultural production;
·
preparing batches
of agricultural production for sale;
·
documenting of
purchase and sale of agricultural products (if necessary);
·
forming batches of
standardized agricultural production;
·
organizing sales and auctions;
·
stocking, storing,
shipping and delivery of batches of agricultural production;
·
quality control of
agricultural production;
·
providing
operators of wholesale markets of agricultural production with reliable
information on the conditions of the agricultural production market and
consumer qualities of said production;
·
advertising services;
·
organizing and
spreading reliable information on demand, supply and price levels of
agricultural production;
·
organizing
exhibitions, trainings, seminars, conferences, educational courses,
competitions;
·
transporting
batches of agricultural production;
·
providing sellers
and buyers with the necessary loading and unloading equipment, weighing
equipment, etc;
·
safekeeping of the
property of the operators of wholesale markets of agricultural production;
·
other services
necessary for operation of wholesale markets of agricultural production.
Requirements to Rules and Regulations for Operation of the Wholesale market
of Agricultural Production are defined in Article 11 of the present Law.
Wholesale markets of agricultural production, regardless of their ownership
form and organizational and legal form, receive financial aid from the funds of
the State Budget of Ukraine, with or without subsequent repayment. State
financial aid for wholesale markets of agricultural production can also be
granted in the form of loans, credits and any other form (Article 13 of the
present Law).
Article 14 of the present Law states that taxation laws may provide for tax
privileges or special treatment of taxation for wholesale markets of
agricultural production. Bodies of local self-government may grant wholesale
markets of agricultural production relief on payment of local taxes and fees,
within their scope of authority.
The activity of wholesale markets of agricultural production is controlled
by the central body of executive power on agricultural policy, other bodies of
state power and bodies of local self-government, within the scope of authority
defined by the law (Article 16 of the present Law).
According to Article 17 of the present Law, wholesale markets of
agricultural production have the right to create voluntary associations of
wholesale markets of agricultural production in order to coordinate their
operations, render mutual assistance and satisfy own economic needs.
Associations of wholesale markets of agricultural production are created and
operated as non-profit organizations (non-entrepreneurial partnerships)
according to the law.
The final provisions of the present Law require introduction of amendments
to the Land Code of Ukraine and the Laws of Ukraine "On State Registration
of Legal Entities and Natural Persons – Entrepreneurs” and "On Amendment
of the Law of Ukraine "On the State Budget of Ukraine for 2005" and
Some Other Legislative Acts of Ukraine".
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