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25 May 2019

Bodies of state control

The Ministry of Agrarian Policy and Food of Ukraine is the specialized executive body responsible for shaping and implementing state agricultural policy. Its competencies include implementing public policy in the following areas:

  • Agriculture;
  • Food security of the state;
  • Intellectual property rights on plant varieties;
  • Livestock;
  • Seeds and seeding;
  • Fisheries and the fishing industry;
  • Protection, use and reproduction of water bio-resources;
  • Forestry and hunting;
  • Veterinary medicine;
  • Safety and individual food quality indicators;
  • Quarantine and safety of plants;
  • Topographic-geodesic and mapping activities;
  • Land-related relations.

These functions are carried out via central executive bodies, whose activities are directed and coordinated by the Minister of Agriculture and Food. The executive authorities that exercise control and supervision in the area of agriculture are the State Service of Ukraine for Food Safety and Consumer Protection and the State Service of Ukraine for Land Surveying, Mapping and Cadaster.

The State Service of Ukraine for Food Safety and Consumer Protection is a central executive body, whose activities are directed and coordinated by the Cabinet of ministers of Ukraine, and which implements the state policy in the area of veterinary medicine, safety and specific quality indicators of food, quarantine and protection of plants, identification and registration of animals, legislation on sanitation, prevention and reduction of tobacco use and its harmful effects on population’s health, metrological supervision, market surveillance within the scope of its competency, seeds and seeding (regarding the certification of seeds and seeding materials, protection of intellectual rights on plant varieties), public monitoring for compliance with the legislation on consumer rights protection and of commercial promotion in this area. The Service is coordinated by the Minister of Agriculture and Food. Besides the veterinary and phytosanitary functions, this body will also have the functions of consumer protection and prices regulation; also the Service will conduct licensing of certain types of agricultural activities according to the law and ensure public control over compliance with license conditions. Its functions also include assay control, monitoring and supervision in the field of sanitary and epidemiological welfare of the population.

The State Service of Ukraine for Surveying, Mapping and Cadaster (hereinafter the State Cadaster) is the central executive body, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine and which implements public policy in surveying and mapping activities, land-related relations, organization of land exploitation, in the field State land cadaster, state supervision (control) in agriculture with regard to compliance with land legislation, use and all protection of lands of all categories , all forms of property, and types of soil fertilities.

Main objectives of the State Cadaster are:

  • Realization of state policy in the field of surveying and mapping activities, land-related relations, organization of land exploitation, in the area of managing the State land cadaster, state supervision (control) in agriculture with regard to compliance with land legislation, use and protection of lands of all categories, all forms of property, and all types of soil fertilities.
  • Providing of administrative services as defined by the law in the relevant area.

The competencies of state bodies in Ukraine's agriculture

State Service of Ukraine for Food Safety and   Consumer Protection 
State Service of Ukraine for Land Surveying,   Mapping and Cadaster 
Control in the field of veterinary medicine, certain safety areas and quality 
indicators for foods and feed, state supervision  (control) over the compliance
with sanitary legislation, plant protection and quarantine, pesticides and agrochemicals.
Carries out   international cooperation in the field of surveying and mapping activities.
Control in the field of   seeds and seeding
Control for compliance   with land law, in the area of land use and protection
of all categories and   forms of ownership.
Control in the field of protection of   intellectual rights on plant varieties
Control of state accounting and   registration of land, reliability of information on the availability and use   of land.
Public monitoring (control) of compliance with   the legislation on consumer rights protection
Control over conditions   fulfillment for the removal, storage and use of the topsoil.
State control in the   area of market monitoring.
Monitoring of   compliance with the requirements for land registration in the process of 
concluding civil contracts, transfer of ownership, renting, withdrawal of   land.
Control in metrological   supervision.
Monitoring of compliance with the rules   of use of anti-erosion constructions, waterworks, and protection of   protective plantations.
Control in the field of   state price regulations
Control over the use of land in   accordance to its legal purpose.
Monitoring control in   the system of technical support of agricultural sector
Monitoring of changes   in indicators of soil quality in the results of economic activities on   agricultural lands.
Quality control of   grains and grain products

State supervision   (control) over the compliance with the measures of biological and genetic
safety on crops, during creation, research practical use of genetically   modified organisms.

Control in the field of   production and circulation of organic products (raw materials)


Deregulation

During 2015 important changes to the legislation of Ukraine were introduced regarding the deregulation in the economic area, making it easier to do business in many sectors of the economy by abolition of state regulations, reducing the administrative burden on businesses, implantation and harmonization of Ukrainian legislation with the EU’s, and also reducing corruption risks in existing procedures.

In particular, now it is not mandatory to have a license for:

  • Trade with pesticides;
  • Fumigation;
  • Imports of plant protection products;
  • Trade with breeding resources;
  • Industrial fishing in inland waters and rivers;

Was removed the restrictions regarding the scale of livestock farms and facilities, which may qualify for partial reimbursement of the construction and reconstruction costs – small producers could be recipients of this support. Also veterinary certificates and batch quality certificates for producers were abolished. Terms of issuing quarantine certificates were shortened to 24 hours.

The new law also eliminated the institute of Licensing centers and state administrators – the providing administrative services for issuing permits for economic activities will be carried out through the centers of administrative services; this will allow optimizing the budget expenditures on local authorities.

Other specialized law on deregulation in the agricultural sector provides for cancellation of 22 from 110 licensing procedures in the Ukrainian agricultural sector, as well as limits the competencies of particular state control authorities with the aim of reducing the farmers’ administrative costs and reduction of the corruption risks in state bodies.

Also, the procedure of registration of water use for farmers was simplified, it is planned to simplify sales of fertilizers and plants protection products, also the quarantine permit on import was cancelled.

In particular were canceled:

Licenses:

  •  For the treatment of particularly hazardous substances and wastes;
  •  For production of highly dangerous chemicals.

Mandatory official registrations:

  • For (re-certification) of animal breeding subjects;
  • For sires and workers who perform special work associated with breeding (genetic) resources.
  • For certificates of admission to reproduction of sires and breeders.

The voluntariness principle applies for:

  • International veterinary certificates (for CIS countries – veterinary certificate of from number 1, 2,  and 3) – when moving from Ukraine;
  • Veterinary certificates (for Ukraine – from number 1 and 2) – if you move outside the territory of the Autonomous Republic Crimea, Kyiv and Sevastopol, districts, cities (except for animal food products designated for human consumption);
  • Veterinary certificates when moving within a district (except for food of animal origin designated for human consumption).

In June 2015 the Law No. 222 VIII “On licensing of economic activity” from 02.03.2015 came into force. This law establishes a simplification of licensing, reducing the number business activities that are subjects to licensing, extending competencies of the expert-appeal board. With this law entering into force 14 central executive bodies were stripped of the competencies regarding licensing of certain economic activities.

The law provides for:

  • Reduction of licenses from 56 to 30;
  • Elimination of double regulation;
  • Bringing the Ukrainian legislation in compliance with the EU standards.

 

 

For more detailed information, please contact:
Roman Hrab
Tel .: +380 (44) 236-20-95
E-mail: hrab{@}ucab.ua