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Ministry of Justice of Ukraine

March 22, 1995

No. 79/615

ORDER OF THE MINISTRY OF EXTERNAL COMMERCIAL RELATIONS OF UKRAINE

of March 13, 1995 No. 37

About approval of Rules of commission trade by nonfoods

(as amended on 16-06-2020)

According to the resolution of the Cabinet of Ministers of Ukraine of 15.06.2006 No. 833 "About approval of the Procedure of trading activity and rules of trade servicing of the population", I order:

1. Approve Rules of commission trade by nonfoods which are applied.

2. To head department concerning domestic trade (Lazarevich M. V.), to Legal management (Krasulya O. I.) register Rules of commission trade in the Ministry of Justice of Ukraine.

3. Recognize such which are not applied in the territory of Ukraine, regulating documents according to the list which increases.

Acting Minister

I. V. Podolev

Approved by the Order of the Ministry of external commercial relations of Ukraine of March 13, 1995, No. 37

The list of regulating documents which are not applied in the territory of Ukraine

1. The order of the Minister of Trade of the USSR of May 21, 1991 No. 39 "About approval of the Instruction about procedure for registration of commission transactions, accounting and the reporting in commission shops selling nonfoods and forms of primary accounting documentation".

2. The rules of commission trade by nonfoods approved by the order of the Minister trade of the USSR of February 13, 1986 in No. 25.

Approved by the Order of the Ministry of external commercial relations of Ukraine of March 13, 1995 No. 37

Rules of commission trade by nonfoods

1. General provisions

1.1. These Rules regulate procedure for commission trade by nonfoods and extend to the relations arising between subjects of managing of any form of business and patterns of ownership (broker) which conclude with physical persons (consignor) of the commission agreement and perform sale of the new and second-hand goods accepted from them, and consumers.

These Rules do not extend to implementation of commission trade by vehicles and their components which have identification numbers, and commission trade by jewelry from precious metals, gemstones, gemstones of organogenic education and semiprecious stones.

1.2. The goods accepted by the broker from the consignor can be returned personally to the consignor or person authorized by it.

For return of goods the consignor shows the receipt issued by the broker, and person authorized by it - the receipt and the document confirming powers of such person.

2. Acceptance of goods on the commission

2.1. On the commission the nonfoods suitable for use as new, and those which were in use, but do not need under repair or restorations are accepted and antiquarian and unique things and works of art meet health requirements, and also.

2.2. Subjects of housekeeping according to the decision of local authorities of the state executive authority are allowed to accept from the relevant organizations the confiscated, ownerless property and it which passed into the inheritance to the state withdrawn from citizens for compensation of the caused damage on execution of sentences and decisions of the courts from the state, cooperative, family, collective and private enterprises, institutions and organizations - remaining balance of inventory items which can be realized to the population, except those which are forbidden by the law.

2.3. Are not accepted for sale on commission:

- weapon, ammunition (except hunting and sports weapon and ammunition to them, and also cold weapon, special means loaded with substances tear and irritant action which are on sale public associations with the permission of law-enforcement bodies), military and special military equipment;

- explosives and means of explosion;

- toxic agents;

- narcotic, psychotropic and poisonous drugs;

- remedies and products of medical appointment;

- state standards of units measurement;

- the army tool, fabrics and other goods of military assortment, uniform regimentals, linen with stamp of institutions, the organizations and companies;

- gas stoves and cylinders to them without document of service of gas economy which confirms their suitability to subsequent use;

- goods of household chemicals;

- goods with the overdue term of storage;

- goods from minors age up to 18 years;

- pyrotechnic products;

- toys for children age up to 3 years toy weapon with plastic balls;

copies of audiovisual works and soundtracks which were in use, and also new without availability of the accompanying documents determined in Item 5 of Rules of retail trade by copies of the audiovisual works and soundtracks approved by the resolution of the Cabinet of Ministers of Ukraine of 04.11.97 No. 1209.

2.4. In case of delivery of things on the commission citizens of Ukraine shall show the passport or the document which replaces it; foreign persons - the corresponding type on dwelling in Ukraine or the national passport with mark about stay in Ukraine.

2.5. Goods from legal entities are accepted according to commodity and accompanying documents and in the presence of information on goods stated according to the legislation on languages.

Acceptance on the commission of new goods of national and foreign production is performed in the presence at the consignor (except the physical person which does not have the status of the entrepreneur) the documents certifying their quality and safety.

Acceptance on the commission and realization of the batches of second-hand goods delivered from abroad, in the absence of data on their safety for health of the population realization and uses of raw materials, products (products, the equipment, processing lines and so forth) of foreign production is permitted only in case of availability of the positive conclusion of the state sanitary and epidemiologic examination concerning import.

Goods to which action of technical regulations extends are followed by documents on compliance according to requirements of these technical regulations.

Warranty periods for new goods are established by regulatory legal acts, or the agreement and are specified in the passport of goods or in any other document attached to goods.

Technically difficult household goods on which warranty periods did not end, accepted on the commission together with technical data sheet or other document which replaces it, marked about sale date and the settlement document provided by the Law of Ukraine "About application of registrars of settlement transactions in the sphere of trade, public catering and services" which in case of sale are transferred to the buyer. In this case the warranty period is not prolonged.

2.6. Subjects of housekeeping perform acceptance of goods behind quantity and quality in the procedure established by the legislation.

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