of July 29, 2009 No. 868
Some questions of the organization of activities of the food, nonfood and mixed markets
The Cabinet of Ministers of Ukraine decides:
1. Approve Regulations on the main requirements to the organization of activities of the food, nonfood and mixed markets which are applied.
2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 28.07.2023 No. 785
3. To Council of Ministers of the Autonomous Republic of Crimea, regional Kiev and Sevastopol city, district, district in Kiev and Sevastopol to public administrations, the State committee on questions of regulatory policy and entrepreneurship with participation of local government bodies and local industry councils of entrepreneurs to carry out inventory count of the markets which are effective within administrative and territorial unit within two months and to create their register in which to note the name of the market, its owners, the location, information on form of business of housekeeping, availability of documents of title on the parcel of land, market specialization, the number of trade places.
4. Recommend to local government bodies:
form in case of identification of the equipped trade places on which the trading activity without the relevant documents, for ensuring consumer protection and entrepreneurs for the period up to three years the temporary utility markets during which action to carry out public discussion of the master plan of the settlement for the purpose of determination of places for arrangement of the markets is performed;
provide in case of identification of other trade places on which the trading activity without the relevant documents to entrepreneurs and producers of agricultural products trade places for implementation of trading activity in the operating markets is performed.
5. To Council of Ministers of the Autonomous Republic of Crimea, regional Kiev and Sevastopol city, district, district in Kiev and Sevastopol to public administrations together with the relevant territorial authorities of the central executive bodies and with participation of local government bodies to take measures to officials of the subject of housekeeping which has the right to use or the order of the parcel of land, organizes and/or provides creation of proper conditions for implementation of trading activity, in case of lack of the approved plan of the territory of the market or proper conditions for implementation of trading activity determined by rules of trade.
Prime Minister of Ukraine Yu. Tymoshenko
Utverzhdenl the resolution of the Cabinet of Ministers of Ukraine of July 29, 2009 No. 868
1. Action of this Provision extends to the food, nonfood and mixed markets (further - the markets) irrespective of pattern of ownership.
2. In the Provision the term "market" is understood as object of trade in the territory of which the subject of housekeeping having the right to use or the order of the parcel of land on which this object is located organizes and/or provides creation of proper conditions for implementation of trading activity by entrepreneurs (further - the subject of housekeeping).
Objects of trade which function as hypermarkets, shopping centers, department stores, supermarkets, supermarkets, mini-markets, shops, benches are the separated capital constructions and have the separate postal address, do not belong to the markets.
3. Services in servicing and content of trade places in the territory of the market are provided by the subject of housekeeping who is legal entity.
4. In case when the entrepreneur performs trading activity, subject of managing in the presence at it opportunities according to the statement of such entrepreneur signs with it the lease agreement of the trade place.
5. The subject of housekeeping provides creation and maintaining the register of the signed lease agreements and the sublease of trade places and assigns to each such place sequence number (figures).
In case of the conclusion of the agreement of the sublease the entrepreneur in writing reports in five-day time to the subject of housekeeping about the conclusion of such agreement. Provision of the trade place in the sublease cannot be the basis for increase in the amount of the rent by the subject of housekeeping.
6. The subject of housekeeping shall have the plan of the territory of the market approved by relevant organ of local self-government in which the size of the parcel of land is noted, information on availability of documents of title for it, the number of trade places and the square occupied by them, the area of parking for vehicles (with indication of quantity of such means which can be placed on the parking), the name, appointment and the area of the buildings and other constructions located in the territory of the market.
7. Reconstruction (re-equipment, upgrade) and closing of the market are performed in accordance with the established procedure on condition of providing entrepreneurs with other trade places taking into account recommendations of local industry council of entrepreneurs.
The subject of housekeeping in year prior to work on reconstruction (re-equipment, upgrade) and closing of the market reports about it to entrepreneurs who perform trading activity in the territory of the market, and submits the application for need of providing such entrepreneurs with other trade places to local government body.
Approved by the resolution of the Cabinet of Ministers of Ukraine of July 29, 2009 No. 868
1. To state Item 2 of the resolution in the following edition:
"2. Approve the Standard agreement of lease of the trade place which is attached.".
2. In the markets selling food and nonfoods (with inclusion of services with their servicing) approved by noted resolution to state the approximate lease agreement of trade rooms (areas) in shopping facilities in the following edition:
"УТВЕРЖДЕН
постановлением Кабинета Министров Украины
от 5 марта 2009 г. N278
(В редакции постановления Кабинета Министров Украины
от 29.07.2009 г. N868)
ТИПОВОЙ ДОГОВОР
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(должность, фамилия, имя и отчество)
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