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PROBLEMS OF LEGAL REGULATION OF OBTAINING PERMITS TO TRADE

Автор: Редактор on . Posted in 2013-2

UDC 711.552.1:347.1
 
NIKOLAYEVA L.,
candidate of law sciences, professor of Kyiv National University of Trade and Economics
 
MYKYTENKO L.,
candidate of law sciences, associate professor of Kyiv National University of Trade and Economics
 
PROBLEMS OF LEGAL REGULATION OF OBTAINING PERMITS TO TRADE
 
Background. Review of scientific sources on selected subject shows no targeted research of the process of authorization to set up trade. Leading scientists in the field of economic law considered commercial activities or legitimacy, or the manner of its implementation. However, in Ukraine creating full legal mechanism which may determine procedural issues causing significant need for change and improvement of legislation in this area is still not finished.
The aim is to develop the procedure and grounds for obtaining permits to set up trade.
Results. The main focus of the study is focused on the inconsistencies in the existing law of formalization reason and issuance of permits for retail and service sectors. It is carried out in close connection with the process of optimization of the central authorities and the Tax Code of Ukraine.
The study found that the adoption of the Tax Code of Ukraine collect objects allocation trade abolished, while other regulations stipulated conducting trading activities not based on authorization within the meaning of the Law of Ukraine "On licensing of economic activity" and under Application of the principle, namely on the basis of the declaration of conformity logistics requirements of the legislation.
Conclusion. At present, there is in the legislation no single mechanism for obtaining permits to set up trading and unity of application of the law in this area licensing authorities because this practice stems from the ambiguity of interpretation of the law and its application by local authorities. With this in mind, the author proposed to clearly define the procedure of opening trade objects in the draft Law of Ukraine "On Internal Trade".
 
Key words: trade, trading activities, trade object, permit, permit activity, regulatory bodies, trade objects allocation.
 
 PROBLEMS OF LEGAL REGULATION OF OBTAINING PERMITS TO TRADE