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Licenses at Ukraine
Ukraine now occupies 145th place out of 183 possible in the rating of countries in terms of business conditions. It is clear that licensing of certain types of economic activity does not cause much enthusiasm among entrepreneurs in this regard. But the implementation on legal grounds of certain types of economic activities - in particular, those associated with a threat to the security of the state, life and health of people, the likelihood of deterioration of the environment, etc. - it is impossible without licenses, and there is no doubt about it. The law unperturbedly states that a transaction of a legal entity made by it without an appropriate permit (license) may be recognized by the court as invalid (Article 227 of the Civil Code). In 164, the Code of Administrative Offenses expressly provides for liability for engaging in entrepreneurial activity both without state registration and without a license, if its receipt is provided for by law. But so far the very system of issuing and the need for licenses requires a fundamental improvement of all stages and procedures of licensing by simplifying them, as well as a significant reduction in the list of types of economic activity.
Obtaining licenses, permissions and certificates
The Parliament of Ukraine has already registered a draft of the new edition of the Law of Ukraine "On licensing certain types of economic activity" No. 4743 dated April 18, 2014. And this despite the fact that the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning Limitation of State Regulation of Economic Activity" No. 2608-VI of 19.10.2010, significant changes have already been made to a number of legislative acts on this issue, including the Administrative Code, the Customs Code and many others. The law abolished licensing of 23 out of 66 types of economic activities. Thus, you no longer need a license to work with precious and semi-precious metals and stones; search and extraction of minerals; production and storage of liquid fuels; performing topographic, geodetic and cartographic; aviation chemical works; production of pesticides and agrochemicals (only plant growth regulators); work with means of cryptographic information protection; disinfection, disinsection, deratization works; tour agency; physical culture and health and sports activities; activities of a customs carrier; production of perfumery and cosmetic products using ethyl alcohol; production of cars and buses; chemical current sources, their procurement and disposal and some other types.
Only the fact of the abolition of licensing for more than a third of activities cannot solve the problem as a whole. On the other hand, the adoption of the Law, unfortunately, leveled the entrepreneurs who have already repeatedly passed the procedure for issuing and renewing licenses, have vast experience in their field, with only registered ones. Obviously, the resulting decline in the quality of services provided may not only affect potential customers, but also violate the established norms of business culture, which is an extremely negative consequence of the abolition of licensing.
Obtaining a license and licensing of certain types of activities with RegServ turnkey
So, today entrepreneurs and consumers expect from the state to establish new licensing requirements justified by life: the abolition of unnecessary administrative procedures, logical unification, the introduction of information technology, electronic licensing, the implementation of the principles determined by the draft Association Agreement between Ukraine and the EU. It is necessary to reduce by more than a quarter (by almost 30% - from 57 to 40) the number of types of economic activities that are not super-profitable or do not pose a threat to human health and state security, and most importantly - the active involvement on an equal footing of representatives of the public, science and business to a special advisory body, an expert appeal council on licensing issues.
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