In article the explanation of the law on quarantine of plants is given. The following items are in detail considered:
1. What is the quarantine;
2. Registration in inspectorates for quarantine of plants;
3. Quarantine mode;
4. Quarantine certificate;
5. Control of production export.
The MODE of QUARANTINE of PLANTS IN AGRICULTURAL INDUSTRY: WHO ESTABLISHES IT AND SUPERVISES
WHAT IS THE QUARANTINE
Sometimes you wonder, as crops ripen – prakticheski each plant is threatened by wreckers, bolezni and weeds. And though peasants mercilessly fight against them, in a collected crop will quite often find a bug worm or impurity of seeds of weeds. Therefore it is not surprising that the majority of those who grows up rasteniyevodchesyoky production or it stores, meets quarantine of plants. What is it? Definition of terms soderzhit Art. 1 of the Law on quarantine.
Quarantine – this content of certain objects in certain places for their monitoring or further inspection, fytosanitory ekspertizy and/or processings. Get under quarantine can:
- any plants;
- phytogenesis products;
- places of their storage, means of transportation, packing;
- soil, any organisms or objects, spoyosobny to transfer or extend any species of insects, pincers, fungi, bacteria, viruses, nematodov, the weeds harmful to plants and products of a phytogenesis (further – quarantine organisms).
The list (it occupies nearly five pages) plants and crop production which podlezhat to quarantine supervision (further – objects of a reguliyorovaniye), it is approved as the resolution KMU from 26.05.04 of No. 672. It defined podkarantinny objects:
- agricultural machinery, cars and tools, which peresekayut frontier or which take out from quarantine zones;
- agricultural and wood holdings, including gardens, nurseries, forest belts, parks, botanical gardens, etc.;
- warehouses and rooms for storage of import and oteyochestvenny podkarantinny materials.
The persons tied with production, processing or transportation of crop production to reveal harmful organisms, are obliged (Art. 12 of the Law on quarantine) constantly to watch the zemelnymi grounds, capacities where pererabatyvayut or store plants and products of a rastiyotelny origin. Which wreckers or weeds the most dangerous, with Art. 5 of the Law on quarantine poruyocheno to paint Minagropolitiki.
The list of weeds is provided in the annex to Instrukyotsiya on identification of weeds. It rather short also includes: ambrosia polynnolistny, mountaineer pink (creeping), dodder (all types), nightshade prickly, sorghum alepsky (gumaj), cenxrus yakortsevy (low-floral).
And here to learn, what wreckers and diseases of plants are, it is possible from the List of wreckers, diseases of plants and sornyakov, having quarantine value in Ukraine, utveryozhdenny Minagropolitiki Ukrainy 21.01.03 (on a soglayosovaniye from UAAN). However, according to information Gosudaryostvenna of service on quarantine of plants, in fast vremeni the new list of harmful organisms will be issued.
IN TOTAL ON REGISTRATION?
That who is engaged in plants, follows zaregistrirovatsya in regional state inspections on karantinu plants (either AR Crimea inspections, or Kiev and Sevastopol). According to Art. 27 of the Law on quarantine of a registrayotsiya persons, which are subject:
- conduct economic activity on a turn of rasyoteniye or products of their processing in quarantine and reyogulirovanny zones;
- make a seed and landing material;
- supervise harmful organisms;
- store or process grain;
- make and mark a wooden packing material.
Of an order of registration also should take care in Minagropolitiki. However for today it exists only for those who deals "wooden packing mayoterialy" (the document is approved as the order No. 731). All the others work while without registration. As soon as Minagropolitiki will execute Law requirements about karantine, to all aforementioned persons not to do without registration numbers. The benefit that won’t take a payment for a registyoratsiya (Art. 27 of the Law on quarantine).
QUARANTINE MODE
If in any territory of Ukraine reveal karanyotinny organisms, there enter a quarantine mode (Art. 33 of the Law on quarantine). It can enter:
- Ministry: within several areas;
- local state administrations: in the territory of AR Crimea or area, the area or several areas, naselenyony point or an economy.
The body which started or cancelled quarantine reyozhy, should notify within days all naxodyashhixsya in a quarantine zone. Nowadays quarantine zones are almost in each area of Ukraine. With their full list moyozhno to familiarize on the official website Gosudaryostvenna of service on quarantine of plants of Ukraine: http:// www, golovderzhkarantin.kiev.ua/forum_ans/karantir\_sostoyanie.htm. Besides the latest news about a quarantine mode can be received in territorialyyony quarantine inspection (Art. 12 of the Law on quarantine).
In the decision on introduction of a quarantine mode obyazayotelno specify:
- circumstances which became the reason of introduction of a quarantine mode, including identification of a konkretyony quarantine organism;
- borders of the quarantine and regulated zones, in kotoyory there will be a quarantine mode;
- time from which it is entered;
- the fytosanitory actions which are carried out in a karanyotinny zone, and bodies which carry out them.
If any territory declared quarantine zoyony, import or export from it of plants and products of their processing is possible only when there is a karantinyony certificate (Art. 29 of the Law on quarantine). Besides, it is required for transportation of the imported objects of regulation which stored, pereupakovyvali, divided into parts, mixed with other cargoes.
QUARANTINE CERTIFICATE
This document certifies a fytosanitory soyostoyaniye (that is existence or lack of harmful orgayonizm) plants and products of their processing which take out from a quarantine zone, import into it or transportiruyut the territory of Ukraine (Art. 1 of the Law on quarantine). In addition in the quarantine certificate write down marshrut, conditions of transportation and use of objects of a reyogulirovaniye, and also their container and packing (item 32 of the Order of inspection).
The quarantine certificate is issued by the state inspector on karantinu plants not earlier than what in 14 days prior to date of moving of plants or products of their processing (Art. 29 of the Law on quarantine). At the same time item 33 of the Order of inspection demands from the owner of cargo to submit the application on obtaining the quarantine certificate not later than 15 days before shipment podkarantinny materialov. (It do in a place of cultivation of plants or a place of shipment of crop production.)
The called document issue after the gosinspekyotor on quarantine of plants will inspect, the analysis and the cargo obyosledovaniye, which owner is obliged predostavit to the inspector possibility for carrying out an inspekyotirovaniye not later than 5 days before sending of rasteniyeyovodchesky production (item 34 of the Order of inspection).
On making decision on issue of the certificate or otkaze in it 5 days (Art. 29 of the Law on quarantine) are allocated for the state inspector. Unfortunately, in the Law it is not told, from what date to count 5 days: from the date of filing of application or from the date of cargo inspection. At the positive decision to the person which has ordered the kayorantinny certificate, it is necessary to pay its cost. The issued certificate is necessary for storing within a year, since date of its delivery (Art. 12 of the Law on quarantine).
Refuse issue of the quarantine certificate a gosinsyopektor can exclusively in writing and in accurately opreyodelenny the legislation cases, when:
1) objects of regulation don’t correspond to trebovayoniya of fytosanitory actions;
2) infection of objects of regulation with vreyoditel, weeds or diseases is revealed;
3) the person has no registration provided by the Law on quarantine (only before emergence of an order of a registrayotsiya to refuse on such bases it will not be possible);
4) there do not correspond the having objects declared by the person for moving on a territoyoriya of Ukraine;
5) the goyosinspektor order on quarantine of plants concerning application of fitosaniyotarny actions isn’t executed;
6) it is not paid for issue of the karantinyony certificate.
The owner of cargo, being guided by Law Art. 29 about karantine, having the right to appeal against the decision on refusal in vydache the quarantine certificate in court or in the Main gosuyodarstvenny inspectorate for quarantine of plants (further – Ukrglavgoskarantin). In the latter case the statement for the appeal of the decision submit in time, which not prevyshaet 10 days after obtaining the notice of refusal in issue of the quarantine certificate. Within 10 days Ukrglavgoskarantin should consider the statement and report to the owner of cargo about results of its rassmotyoreniye in writing.
And how to be, if the enterprise submitted the application on the kayorantinny certificate, paid for it money, predostavilo all necessary documents, but didn’t receive in due time neither the certificate, nor refusal in its delivery? The law on quarantine not against in such situation to transport the declared objects without the quarantine certificate. So, every time, kogda you will provide documents on receiving sertifikata, we advise to retain their copies from the otmetyoky quarantine service which has accepted them.
IMPORT OF CROP PRODUCTION
Especially strict control is always conducted behind production which import into Ukraine. Import and transit gruzy, containing plants or products of their processing, it is possible to import on the territory of our state only in the presence of quarantine permission (Art. 37 of the Law on quarantine) which is given out by Ukrglavgoskarantin. Permissions to an import and transit determine by Karanyotinnye fiyotosanitarny actions which it is necessary osushhestvit before shipment by the importer and after his import.
Plus to everything inward cargoes should soprovozhdatsya originals of fytosanitory certificates (Art. 36 of the Law on quarantine).
Ukrglavgoskarantin is obliged to make the decision on delivery (or refusal) of quarantine permission within 5 days. The decision on refusal is necessary for issuing in writing.
The person who provided Ukrglavgoskarantina all appropriate documents and paid also to which didn’t give in a certain term of the decision on delivery of karanyotinny permission (or refusal), can carry out zadekyolarirovanny moving of cargo.
AND CHECKING WHO?
The state control over the implementation of a karantinyony mode is assigned to Public service on quarantine of plants of Ukraine which structure includes Ukrglavgoskarantin (Art. 6 of the Law on quarantine). In a polnoyomochiya of the last, in particular, enters (Law Art. 7 about karantine):
- to define on the basis of the law the mechanism, import, export and use of plants and vegetative produktov, including in coordination with quarantine services of other states according to mezhdunayorodny contracts of Ukraine;
- to conduct databases and to inform the public and the interested partners on identification, a rasyoprostraneniye, localizations and, if necessary, liyokvidatsiya of adjustable harmful organisms;
- to make inspection and fytosanitory examination of objects of regulation;
- to carry out state control by a zavyyopolneniye of fytosanitory meropriyoyatiya;
- to give out according to the law karanyotinny permissions;
- to coordinate monitoring, identification and an identiyofikatsiya of adjustable harmful organisms in Ukraine;
- to prepare the list adjustable harmful organizmov and objects of regulation;
- to supervise fumigation (disinfecting) of objects of regulation which move through frontier of Ukraine and/or border of karanyotinny zones;
- to notify the interested partners on a fytosanitory ban or restrictions;
- to establish specially certain percent of cargoes which are subject to selective fytosanitory boundary control;
- to keep the nation-wide register of the persons which deyatelyyonost register;
- to answer inquiries of rather fytosanitory actions.
Decisions of the state inspector on quarantine of plants otnoyositelno a ban of cultivation, export, import, a transporyotirovka (including export, an import, transit), storages, realization or uses of plants and products of their processing are obligatory for execution (Art. 11 of the Law on quarantine).
The state inspectors on quarantine of rasteyoniya have the right (Art. 10 of the Law on quarantine):
- to carry out fytosanitory procedures in an otnoyosheniye of objects of regulation;
- to detain objects of regulation for an inspektiyorovaniye and fytosanitory examination if they peremeshhayutsya without the necessary fytosanitory documents or don’t correspond to fytosanitory requirements;
- to carry out the state control and supervision, inspection and monitoring of the corresponding terriyotoriya, objects of regulation;
- to receive information necessary for an osushchestvyoleniye of the powers;
- to select samples from party of plants and rastitelyyony products for fytosanitory examination;
- to publish within the powers a rasporyazheyoniya which are subject to obligatory execution, on carrying out fytosanitory actions;
- to provide the conclusions to bodies of insurance otyonositelno the put losses owing to elimination of quarantine organisms;
- to impose in an order provided by the law, adyoministrativny collectings on the persons guilty of a narusheyoniya of the legislation on quarantine of plants.
Besides, Art. 10 of the Law on quarantine grants to gosinspekyotor the right of unhindered access to moshhnostyam (objects) of production and a turn of objects of a reguyolirovaniye of plants for implementation of checks. Odnayoko it doesn’t mean that the inspector can visit on the enterprise when to it will take in head. For economy visit the state inspector should poluchit the official direction on check, in the kotoyory fix:
1) direction date of issue;
2) the name of body of Public service on karantinu plants of Ukraine;
3) purpose and type of check;
4) the bases for check;
5) dates of its beginning and termination;
6) positions, ranks and surnames of the checking.
It is valid only in the presence of the signature of a rukoyovoditel of body of Public service on quarantine of plants of Ukraine fastened by its press.
The enterprise has all bases not to allow to a proyoverka of the inspector without such certificate (Zakoyon’s Art. 10 about quarantine).
RESPONSIBILITY FOR VIOLATIONS
Article 47 of the Law about quarantine provides an otvetyostvennost for:
- distribution of quarantine organisms;
- violation of requirements of fytosanitory actions;
- default of the order of the state inspector on karantinu plants concerning carrying out quarantine actions;
- not carrying out registration;
- the non-notification of the state inspector on quarantine of rasteyoniya about identification of adjustable harmful organisms;
- delivery on the territory of Ukraine, export from karantinyony zones of objects of regulation which didn’t pass fytosanitory control, and their realization;
- ignoring of legal requirements of public officials which carry out the state control of observance of the legislation on quarantine of plants.
But which responsibility, the Law on quarantine doesn’t specify. But KOAP (Art. 105) says that for violation of the rules of fight against quarantine wreckers and boleznyami plants and weeds it is necessary to impose a penalty on citizens at the rate from 68 to 170 UAH., and on officials – from 136 to 255 UAH.
At export from boundary sea and river ports (piers), railway stations, road service stations (autostations), the airports and other border check-points of the materials delivered from foreign countries which didn’t pass quarantine check or the corresponding obyorabotka, violators – officials according to Art. 106 of KOAP punish a penalty from 221 to 306 UAH. (grazhdan – from 51 to 170 UAH.).
If violation of the legislation entailed the heavy consequences, the guilty person can involve and to criminal responsibility – it is waited by a penalty to 1700 UAH. or ograyonicheny freedoms for the term up to the 2nd years (UKU Art. 247). About what consequences there is a speech? The answer we will find in the item 5 a postanovleyoniya of Plenum of the Supreme Court of Ukraine "About judicial praktike on cases of crimes and others pravonarusheniyax against environment" from 10.12.04 of No. 17. On VSU mneyoniya, as heavy consequences understand:
- death or mass disease of people;
- essential deterioration ecological obstanovki in this or that region (district);
- disappearance, mass death or heavy zaboyolevaniye of objects of an animal and flora;
- impossibility to recreate during prodolzhitelyyony time those or other natural objects or ispolzovat natural resources in a certain region;
- genetic transformation of those or other priyorodny objects;
- causing of a material damage in especially large sizes, etc.
In case of an adminnarusheniye the protocol is made out by dolzhyonostny persons of civil service on quarantine of plants (KOAP Art. 255). This document, according to item 2.10 of Provision on registration of materials, make in duplicate, one of which remains at the state inspector on quarantine of plants, and the second hand over to the offender under raspisku or direct the registered mail within 3 days from the moment of drawing up.
According to KOAP Art. 2382 cases of adminnarusheniye, svyazanyony with violation of the rules of fight against quarantine vreyoditel and diseases of plants isornyakami, and also export of materials which didn’t pass quarantine check or the corresponding processing, bodies of civil service on quarantine of plants of Ukraine are engaged. From their name to consider cases and to impose adminvzyskaniye it is authorized:
- to the chief of the Main state inspectorate for quarantine of plants of Ukraine – to the Main gosudarstvenyony inspector on quarantine of plants of Ukraine and his deputies (a penalty for citizens – to 170 UAH., for public officials – to 306 UAH.);
- to the main state inspectors on karantinu plants of AR Crimea, areas, the city of Kiev and to their zameyostitel (a penalty for citizens – to 170 UAH., for dolzhyonostny persons – to 255 UAH.);
- to the state inspectors on quarantine of plants (a penalty for citizens – to 68 UAH., for public officials – to 238 UAH.).
As you can see, the law is strict. However, legislative readers of sanctions aren’t afraid and any check perceive spoyokoyno. That and to you we wish!
(On newspaper materials "All about accounting").