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LAW OF UKRAINE

of April 8, 2026 No. 4839-IX

About introduction of amendments to some laws of Ukraine concerning enhancement of the state market supervision and system of technical regulation according to provisions of the right of the European Union

The Verkhovna Rada of Ukraine decides:

I. Make changes to such laws of Ukraine:

1. In the Law of Ukraine "About the state market supervision and control of non-food products" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 21, Art. 144 with the following changes):

1) in Article 1:

state part one in the following edition:

"1. In this Law the stated below terms are used in the following value:

1) withdrawal from the address - any measure directed to prevention of provision in the market of the non-food products (further - products) which are available in products supply chain;

2) response - any measure aimed at providing return of products which were already provided to the end user;

3) the established requirements requirements to products and its turnover in the market of Ukraine established by the technical regulations developed on the basis of acts of the European Union law, other technical regulations, and also this Law and the Law of Ukraine "About general safety of non-food products";

4) the declaration of indicators documents which creation is provided by the Law of Ukraine "About provision of construction products in the market";

5) the declaration on compliance document on compliance, provided by the corresponding technical regulation, confirming fulfillment of requirements, determined in such technical regulation;

6) the state control of products (further - control of products) - set of the actions performed by customs authorities within the powers determined by the law for the purpose of ensuring compliance with the legislation of Ukraine on the state market supervision and control of products concerning products imported on customs area of Ukraine for free circulation;

7) the state market supervision (further - market supervision) - the activities and actions of bodies of the state market supervision undertaken for the purpose of ensuring compliance of products to the established requirements, and also ensuring protection of public concerns according to the established requirements;

8) the measures taken on own initiative (voluntary measures), - the adjusting measures taken not upon the demand of body of the state market supervision;

9) the return development (reverse engineering) - research of product samples for the purpose of understanding of the principles of its functioning;

10) the final user - any physical person living in Ukraine or legal resident person of Ukraine, products it is provided to which as the consumer outside implementation of any business or professional activity or as to the professional end user during implementation of its productive or professional activity;

11) the adjusting action action of the subject of managing which it performs for the termination of any discrepancy upon the demand of body of the state market supervision or on own initiative appropriate subject of managing;

12) predostavitel of services of information society - predostavitel of any service which is usually provided for remuneration at distance (without simultaneous presence of the parties), electronic means (it goes and acquired in destination by means of the electronic equipment for processing, including digital compression, and data storage and radio is transferred and turns out by means of wire, optical means or other electromagnetic means) and on individual request of the receiver of services (it is provided by data transmission on individual request). The list of services to which this determination does not extend is established by the Cabinet of Ministers of Ukraine according to the exceptions provided by the act of the European Union law concerning establishment of procedure for provision of information in the field of technical regulations and rules about services of information society;

13) the service provider on accomplishment of orders (the service provider of fulfillment) - any physical person or legal entity which during implementation of economic activity offers at least two of the following services: warehousing, packaging, drawing the address and sending without acquisition of property right to the corresponding products, except post services in registration, sorting, transportation and delivery of mailings, services of delivery of the sending including registration, sorting, transportation and delivery of sending, and also any other post services or services in freight transportation;

14) failure to carry out of the decision on acceptance of the adjusting measures failures to carry out of all or part of the adjusting measures or the related actions determined in the decision on acceptance of the adjusting measures;

15) discrepancy - any case of non-compliance with the established requirements or requirements of this Law;

16) nondestructive control control of properties and parameters of products without its destruction and without violation of suitability of products to use (operation);

17) inspection of product samples - visual survey of product samples for the purpose of determination of its compliance to the established requirements. In case of need inspection can include carrying out by the official exercising market supervision or the specialist who is involved in conducting check and has the corresponding preparation, necessary measurements and tests, dismantle and installation of removable parts and nodes and accomplishment on site of conducting check of any other actions which are not influencing integrity of products, its suitability to use (operation), its compliance to the established requirements;

18) the online interface - any software, including the website, part of the website or application which is operated the subject of managing or from his name and is intended for provision to end users of access to products of appropriate subject of managing;

19) body of the state market supervision (further - body of market supervision) - the central executive body realizing state policy in the field of market supervision within the responsibility, the state collegiate organ determined according to this Law.

If the body of market supervision performs the powers determined by this Law and the Law of Ukraine "About general safety of non-food products", also through the territorial authorities, the term "body of market supervision" means also its territorial authorities;

20) person who is considered introduced products into circulation, - physical person or legal entity which in case of impossibility to establish the producer, the authorized representative or the importer of products is equated to them and to who their obligations on acceptance of the adequate adjusting measures are assigned;

21) products imported on customs area of Ukraine - the goods origin from other countries intended for issuance or for personal use or consumption on customs area of Ukraine, placed in the customs regime of import or any other customs regime providing free turnover of these goods on customs area of Ukraine;

22) the products representing risk - products which can negatively affect health and safety of people, health and work place safety, consumer protection, the environment, public safety and other public concerns protected by the applicable established requirements to the degree which is going beyond which are considered reasonable and acceptable concerning proper use or under regular or reasonably predictable conditions of use of the considered products, including duration of such use, and, when applicable, requirements to input of products in operation, to its installation and maintenance;

23) products representing serious risk - products representing risk and concerning which on the basis of risk assessment and taking into account its regular and intended use the combination of probability of approach of the danger causing harm and severity of such harm is considered requiring surgery of bodies of market supervision, in particular in cases if effects of such risk do not come to light immediately;

24) risk combination of probability of approach of the danger causing harm, and severity of such harm;

25) the subject of manufacturing managing, the authorized representative, the importer, the distributor, the service provider on accomplishment of orders or other physical person or legal entity to which according to the conforming established requirements obligations on production of products, its provision in the market or to commissioning are assigned;

26) the sphere of responsibility of body of market supervision list of types of products, the relevant organ of market supervision approved according to this Law the Cabinet of Ministers of Ukraine, concerning which exercises market supervision;

27) the authorized representative - any physical or legal resident person of Ukraine who received the written order from the producer to be effective from his name of rather certain tasks in relation to obligations of the producer according to the conforming technical regulations or requirements of this Law;

28) the check-sheet-document containing list of data which need to be checked in case of control of products is developed by body of market supervision on the basis of the established requirements of rather corresponding type of products and is provided to customs authorities according to this Law";

in part two:

exclude the words "free turnover", "risk", "subjects of managing", "authorized representative", "retirement", "producer", "response", "user";

after the words "customs control zone" to add with the words "import (release for free circulation)", after the words "customs control" - the words "customs examination", after words "customs authorities" - words" customs formalities", "risk management", after words" test laboratory" - the word "producer", and after the words "document on compliance" - the words "the European Union law on harmonization";

2) in Article 2:

in part one:

in the paragraph the second "heel" to replace the word with the word "sixth";

third to state the paragraph in the following edition:

"control of all products imported on customs area of Ukraine except the types of products specified in part six of this Article";

after part one to add with new part of the following content:

"2. For the purposes of ensuring functioning of the single market with the European Union the Cabinet of Ministers of Ukraine approves the list of the technical regulations developed on the basis of acts of the European Union law on harmonization which is created and updated if necessary on the basis of the corresponding list containing in acts of the European Union law on harmonization. Concerning products to which action of the technical regulations included in the specified list extends market supervision according to this Law is exercised".

With respect thereto the second or sixth to consider parts respectively parts of the third or seventh;

part third after words of "the requirement for control of products" to add with the words "which is imported on customs area of Ukraine";

in part seven "heel" to replace the word with the word "sixth";

add with part eight of the following content:

"8. Operation of this Law does not influence application of regulations on responsibility of service providers of intermediate nature according to the Law of Ukraine "About electronic commerce";

3) in Article 3:

in part one:

"state" to exclude the word;

after words of "the Law of Ukraine" On general safety of non-food products" to add with words of" the Customs code of Ukraine";

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