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Ministry of Justice of Ukraine

January 12, 2009

No. 6/16022

ORDER OF THE MINISTRY OF ECONOMICS OF UKRAINE

of December 3, 2008 No. 817

About approval of the Procedure for consideration by the Ministry of Economic Development and Trade of Ukraine of the materials which are the basis for application of financial sanctions, the stipulated in Article 17 Laws of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products"

(as amended of the Order of the Ministry of Economic Development and Trade of Ukraine of 27.08.2014 No. 1036)

According to Item 6 of the Procedure for application of financial sanctions, the stipulated in Article 17 Laws of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products", the Cabinet of Ministers of Ukraine approved by the resolution of June 2, 2003 790, I ORDER to No.:

1. Approve the Procedure for consideration by the Ministry of Economic Development and Trade of Ukraine for the materials which are the basis for application of financial sanctions, the stipulated in Article 17 Laws of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products".

2. To inspection department behind foreign economic activity:

together with legal department to provide provision of this order on state registration in the Ministry of Justice of Ukraine;

after state registration to bring this order to permission of the interested state bodies.

3. To impose control of execution of this order on the deputy minister of economy of Ukraine Boytsun N. E.

Minister of Economic Affairs of Ukraine

B. M. Danilishin

 

Approved by the Order of the Ministry of Economics of Ukraine of December 3, 2008, No. 817

Procedure for consideration by the Ministry of Economic Development and Trade of Ukraine for the materials which are the basis for application of financial sanctions, the stipulated in Article 17 Laws of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products"

1. This Procedure determines the procedure of consideration of the Ministry of Economic Development of Ukraine of the materials which are the basis for application of financial sanctions, the stipulated in Article 17 Laws of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products".

2. Action of this Procedure extends to all subjects of managing - the residents performing import and/or export of alcohol ethyl, cognac and fruit, alcohol ethyl rectified grape, alcohol ethyl rectified fruit, alcoholic beverages and tobacco products, irrespective of their form of business and pattern of ownership (further - subjects of managing).

3. The Ministry of Economic Development of Ukraine makes the decision on application of financial sanctions in case of implementation by subjects of managing of import and/or export of alcohol ethyl, cognac and fruit, alcohol ethyl rectified grape, alcohol ethyl rectified fruit, alcoholic beverages and tobacco products without availability of the license granted in accordance with the established procedure based on messages of executive bodies and local government bodies with indication of the bases for decision making on application of financial sanctions (further - the message).

4. The Ministry of Economic Development of Ukraine makes the decision on application of financial sanctions in the form of penalties in case of non-presentation or untimely representation or representation with false information by subjects of managing of reports on import volumes and/or export of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products based on materials concerning results of processing of such reports by the Ministry.

5. The body which provided the message bears responsibility for unauthenticity of information specified in messages according to the legislation.

6. Messages shall contain:

the name of the subject of managing - the legal entity (surname, name and middle name - for physical persons - entrepreneurs), the location of the legal entity (the residence - for physical persons - entrepreneurs), identification code of the legal entity (registration number of accounting card of the taxpayer or series and passport number (for physical persons which owing to the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it the relevant monitoring body and have mark in the passport) - for physical persons - entrepreneurs), the list of violations with proper reasons for the bases for application of financial sanctions, bank details for payment of penalty in the government budget (bank code, the name of bank department, account number);

copies of the documents and other materials specified in Item 5 of the Procedure for application of financial sanctions, the stipulated in Article 17 Laws of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products", the Cabinet of Ministers of Ukraine approved by the resolution of 02.06.2003 to No. 790 (further - the Procedure for application of financial sanctions).

7. The department of non-tariff regulation processes the reports which arrived from subjects of managing concerning import volumes and/or export of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products, prepares materials on application of financial sanctions with indication of the bases for decision making about application of financial sanctions and transfers them to department of state regulation of the external economic transactions.

Materials of department of non-tariff regulation shall contain:

the name of the subject of managing - the legal entity (surname, name and middle name - for physical persons - entrepreneurs), the location of the legal entity (the residence - for physical persons - entrepreneurs), identification code of the legal entity (registration number of accounting card of the taxpayer or series and passport number (for physical persons which owing to the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it the relevant monitoring body and have mark in the passport) - for physical persons - entrepreneurs), the list of violations with proper reasons for the bases for application of financial sanctions.

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