Adoption of the relevant law is one of the last conditions that Ukraine has to fulfill in order to start negotiations with the EU on the signing of the first agreements on the introduction of "industrial visa free", ie simplified export of industrial goods from Ukraine to the EU without additional certification.
The law introduces rules aimed at reducing corruption risks in the activities of public officials during inspections, enhancing consumer protection and other public interests in the event of the detection of non-food products in the market that are dangerous, pose a risk and / or do not meet the established requirements.
However, it is determined that the Law “On State Market Supervision and Control of Non-Food Products” is not applied to:
- objects of construction defined by the Law of Ukraine “On Regulation of Urban Planning Activity”;
- aircraft, their components and equipment;
- precious metals, precious stones and articles thereof (jewelry and household).
The law establishes clear and transparent requirements for inspectors of market surveillance authorities and entities regarding the list and timing of documents during the audit.
In particular, it is permissible to prevent market surveillance officers from conducting market inspections during the scheduled audit, to check the characteristics of products not specified in the relevant sectoral market surveillance plan.
Checks on product characteristics are conducted on the basis of market surveillance authorities' orders and audit directions. In case of receipt of information about the provision of products on the market, which poses a serious risk, the relevant orders and directions are issued and issued immediately.
The order must contain the subject of verification (name of type (type), category and / or group of products), name and address of the object where the products are placed.
The direction shall be drawn up on the basis of an order and signed by the head of the market surveillance authority or his deputy, indicating his name, surname and patronymic, and shall be certified by the seal of the relevant authority. Such a referral is only valid for the duration of the verification specified therein.
The amount of fines for violations is also determined.
Administrative or economic sanctions in the form of a fine shall be applied to the person who put the product into circulation or is considered to be such in the case of:
1) putting into circulation products that pose a serious risk - in the amount of 6 thousand of tax-free minimum incomes of citizens, and for repeated within a period of one year to three years committing the same violation for which a person has already been fined, - in the amount of 20 thousand of tax-free minimum incomes of citizens;
2) putting into circulation products that do not meet the established requirements (except in some cases) - in the amount of 3 thousand tax-free minimum incomes of citizens, and for repeated infringement - in the amount of 6 thousand of tax-free minimum incomes of citizens.
The distributor is subject to penalties in the event of failure to comply with the conditions of storage of the product, if as a result, the product became dangerous and / or ineligible, in the amount of 2 thousand of tax-free minimum incomes of citizens, and for a repeated violation of three years - in the amount of 4 thousand of tax-free minimum incomes of citizens.
A business entity is subject to a fine in the following cases:
1) non-compliance or incomplete fulfillment of the requirements of the decision on taking restrictive (corrective) measures - in the amount of 2 to 10 of thousand tax-free minimum incomes of citizens;
2) failure to comply with the order for immediate elimination of violations of the requirements for presentation at the venue of the fair, exhibition, display or demonstration in another way of products that do not meet the established requirements - in the amount of 1 thousand of tax-free minimum incomes of citizens, and for failure to comply with the requirements of the decision to immediately discontinue production for the venue for a fair, exhibition, display or demonstration of other products - in the amount of 2 thousand of tax-free minimum incomes of citizens;
3) creating obstacles by preventing the inspection of product characteristics and failure to comply with the requirements of market surveillance officers - in the amount of 10 thousand of tax-free minimum incomes of citizens.
Cases for imposing penalties for infringements specified in this Article shall be considered by the heads of the market surveillance authorities or their deputies in accordance with their competence.
In addition, there is a clear deadline for sending a business entity a decision imposing a fine (16 days after the inspection), which will avoid cases of sending a decision on the imposition of a penalty "retroactively".
The law also provides for the possibility of appealing to associations of economic entities - industry associations for carrying out unscheduled market surveillance checks - they are not currently included in the circle of entities to which the Act is entitled to file such appeals. It should be noted that in the EU, sectoral associations are actively involved in market monitoring and interacting with market surveillance authorities, and their professional level and knowledge will enhance the effectiveness of market surveillance in Ukraine and enhance the expertise and technical capacity of market surveillance authorities.
And for translation by economic entities of the documents and materials required for market surveillance is set at 30 days (there is no such term today, which leads to abuse by market surveillance authorities).
It should be noted that the Law amends the Code of Ukraine on Administrative Offenses, the Economic Code of Ukraine, the Laws of Ukraine “On State Market Supervision and Control of Non-Food Products”, “On General Safety of Non-Food Products”, “On Regulation of Town Planning Activity”, “On Basic Principles of State Supervision (control) in the field of economic activity "," About the National Police.
