Trade permit

For many years, local authorities have been issuing permits for the placement of trade and service facilities in certain localities, charging entrepreneurs a considerable amount of money for this - a special fee for their issuance. However, according to subparagraph 1 of paragraph 2 of the section "Final Provisions" of the new Tax Code of Ukraine, adopted on December 2, 2010, the Law of Ukraine "On Taxation System" and the Decree of the Cabinet of Ministers of Ukraine No. 56-93 "On Local Taxes and Fees" dated May 20, 1993, on the basis of which permits were issued and fees were collected, have lost their force. In addition, the Law of Ukraine No. 3038-VI dated February 17, 2011 "On Regulation of Urban Development" amended the Law of Ukraine No. 2807-IV dated September 06, 2005 "On Improvement of Settlements", which abolished the powers of local councils in the field of improvement of settlements in terms of granting permits for the placement of buildings and structures of social, cultural, domestic, commercial and other purposes on the territory of improvement facilities.

Pursuant to Article 4(1) of the Law of Ukraine "On the Permitting System in the Field of Economic Activity" No. 2806-IV dated September 06, 2005, there are currently no legal grounds for the execution and issuance of permits for the placement of trade and service facilities (and similar), since the need to obtain such a document is not provided for by any law of Ukraine. The said permit is also not contained in the List of permitting documents in the field of economic activity approved by the Law of Ukraine "On the List of Permitting Documents in the Field of Economic Activity" dated 19.05.2012 No. 3392-IV.

However, the issue of obtaining a permit to locate a trade facility is often raised in the business environment due to the ambiguous position of local governments: in some localities, entrepreneurs are forced to obtain the said permit, while in others they have never heard of it.

In Ukraine, trading activities are regulated by the Commercial and Civil Codes, the Law of Ukraine "On Protection of Consumer Rights", the Procedure for Conducting Trading Activities and the Rules for Trade Services in the Consumer Goods Market, approved by the Cabinet of Ministers of Ukraine No. 833 dated 15.06.2006, and some other legislative acts, but they do not provide for the issuance of a trading permit.

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