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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 20, 1997 No. 1442

About approval of Rules of retail trade by oil products

(as amended on 18-08-2021)

According to article 20 of the Law of Ukraine "About consumer protection" and for the purpose of arrangement of retail trade by oil products the Cabinet of Ministers of Ukraine decides:

1. Approve Rules of retail trade by oil products (are applied).

2. To Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and to the Sevastopol city public administrations, the Ministry of Economics, the Ministry of Internal Affairs, the Department of Energy and environment protection, to the State ecological inspectorate, Public service for safety issues of foodstuff and consumer protection, Public service concerning work, the State Tax Administration to provide within the powers constant control behind execution of Rules of retail trade by oil products.

3. This resolution becomes effective in month after publication in the Pravitelstvenny Kuryer newspaper.

 

Prime Minister of Ukraine

V. Pustovoytenko

Approved by the resolution of the Cabinet of Ministers of Ukraine of December 20, 1997 No. 442

Rules of retail trade by oil products

1. These Rules determine procedure for retail trade by fuel, oils, lubricants (further - oil products), packaged oil products, and also regulate requirements for observance of the rights of consumers of rather proper quality of oil products, safety for life and health of consumers and level of trade servicing.

These Rules extend to subjects of managing, irrespective of patterns of ownership which are registered in accordance with the established procedure.

Action of these Rules does not extend to retail trade by the liquefied hydrocarbonic gas for domestic needs which is performed according to the Rules of retail trade and provision of services on supply of the liquefied hydrocarbonic gas for household requirements of the population and other consumers approved by the resolution of the Cabinet of Ministers of Ukraine of November 20, 2003 No. 1790 (The Official Bulletin of Ukraine, 2003, No. 47, the Art. 2434). 

2. In these Rules:

the term "fuel" is used in the value given in the Tax code of Ukraine;

the term "retail trade by fuel" is used in the value given in the Law of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages, tobacco products and fuel";

the term "gas station" is used in the value given in GSN B.2.2-12:2019 "Layout and building of the territories";

the terms "automobile gas-filling station" (further - the autogas-filling station), "automobile gas-filling Item" (further - autogas-filling Item) are used in the value given in GSN.2.5-20:2018 "Gas supply".

3. Retail trade by oil products is performed in the presence at the subject of managing of the relevant documents of allowing nature and the license for the right of retail trade by fuel.

Trade in the oil products intended for leave to consumers is performed through network of gas stations, autogas-filling stations and autogas-filling Items.

Trade in oil products at gas stations, autogas-filling stations is forbidden, in autogas-filling Items it is direct from truck tanks.

Trade in oil products (except gasoline, diesel fuel, the liquefied hydrocarbonic gas) in retail packaging can be performed through objects of retail trade (further - Items of sale of oil products).

4. At stationary gas stations, autogas-filling stations trade in oil products in retail packaging, by joint products for cars and other vehicles, maintenance and car wash, placement of institutions of restaurant economy, Items of rendering household services can be organized.

5. Working hours of gas stations, autogas-filling stations, autogas-filling Items and Items of sale of oil products are established according to the legislation.

In case of closing of gas stations, autogas-filling stations, autogas-filling Items, Items of sale of oil products for implementation of sanitary actions, reconstruction, repair, technical re-equipment and carrying out other works the subject of managing shall report not later than five days about it to consumers by placement near information on operating mode of the announcement of date and the period of closing.

6. On facade of gas station, autogas-filling station, autogas-filling Item, Item of sale of oil products there shall be sign with indication of the name of the subject of managing and/or the owner or the body authorized by it.

In a visible place information on operating mode, and also information on location of the nearest gas stations, autogas-filling stations, autogas-filling Items is placed.

The subject of managing shall provide availability on the place, visible and available to the consumer, at gas station, the autogas-filling station, in autogas-filling Item, Item of sale of oil products of angle-piece of the buyer in which information on the name of the owner or the body authorized by it, the location and phone numbers of the bodies providing consumer protection is placed.

At the customer's request the worker of the subject of managing authorized by the head shall inform him of requirements of these Rules, the Law of Ukraine "About consumer protection", and also to submit the documents specified in Item 8 of these rules.

7. Data on retail prices, brands and types of the oil products realized at gas stations, autogas-filling stations in autogas-filling Items, shall be specified on information display which is established on entrance and near the operator of gas station, the autogas-filling station, autogas-filling Item.

All samples of joint products and oil products in retail packaging shall be exposed in the assortment which is available for the subject of managing, with indication of the prices according to the procedure, established by the legislation.

8. The subject of managing performing trade in oil products shall provide to the consumer necessary, available, reliable and timely information about oil products, and also at the customer's request - the copy of the quality certificate (quality certificate) of fuel and the copy of the declaration of conformity.

In information on oil products are specified:

name, brand and type of oil products;

indicators of their quality;

retail price;

rules and conditions of effective and safe use;

for packaged oil products - nominal goods quantity in units of mass or amount, and also maximum permissible variations from nominal quantity with compliance with law about metrology and metrological activities;

data on storage conditions, expiration date, necessary actions of the consumer after its termination, and also possible effects in case of non-execution of such actions;

information about the producer, its location and contact information;

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