The text of the Law on grain and the grain market in Ukraine taking into account changes and the additions brought by Laws from May 12, 2004, from May 31, 2005, from January 9, 2007 is printed.
Law of Ukraine
From edition:
The law of Ukraine About grain and the grain market in Ukraine from July 4, 2002 of No. 37-IV is adopted in our state for the first time. Laws of Ukraine from May 12, 2004 of No. 1713-IV, from May 31, 2005 of No. 2611-IV, from January 9, 2007 of No. 547-V made changes and additions.
The law No. 37-IV from July 4, 2002 is printed in the 24th issue of our newspaper in August, 2002.
In the present issue of the newspaper the Law text About grain and the grain market in Ukraine taking into account the brought changes and additions is offered to our readers.
Law of Ukraine
About grain and the grain market in Ukraine
The present Law determines gosudaryostvenny policy by development of the market of grain as priority sector ekonomiki agro-industrial complex of Ukraine. The law is directed on creation of legal, economic and organizatsiyoonny conditions of competitive production and market formation zerna for providing internal potrebyonost of the state in food, seed and fodder grain, a narashchivayoniya of its export potential.
Section I GENERAL PROVISIONS
Article 1. Definition of terms
Vnastoyashchem Zakone nizheprivedenyony terms are used in sleduyuyoshchy value:
1) the accredited exchanges – the tovaryony exchanges to which the conclusion about their compliance in service according to the conclusion of exchange agreements of purchase and sale of grain and products of its processing is provided soyootvetstvuyushchy state orgayony;
2) production of grain – the activity of agricultural tovaroproizvodiyotel connected with cultivation of grain, ensuring internal needs of Ukraine in a seed material, grain for the food, fodder and tekhniyochesky purposes, improvement of its quality, creation of an export potential rynka grains, and also guaranteeing proyodovolstvenny safety of the state at the expense of development of own grain farm;
5) The state agent for an obespeyocheniye of export and an import of grain and produktov its processings – the gosudaryostvenny enterprise or economic society, a share of the state in which authorized capital makes not less than 75 percent which is determined on the konkuryosny beginnings by Cabinet council of Ukraine on implementation of international treaties by ensuring export and importa grain and its products pererabotki;
10) grain storage – a package of measures, including reception, completion, storage and grain shipment;
11) grain – fruits of grain, zernoboyobovy and olive crops, ispolzuyeyomy for the food, seed, fodder and technical purposes;
12) grain food – the grain used for processing and an izgotovyoleniye of foodstuff;
13) grain of technical appointment – the grain intended for promyshlenyony processing on other products (alcohol, starch, medical preparations, etc.);
14) grain fodder – grain of group of the fodder and other grain crops, intended for cattle and bird feeding in the form of compound feeds, derti, etc.;
15) a grain warehouse - the legal entity having on an ownership right the granary and the certificate on a soyootvetstviye of services in storage of grain and products of its processing;
16) the granary - specially equipped place for grain storage (a room, a structure, etc.);
19) infrastructure of the market of grain – a complex of production and neproizyovodstvenny formations, obespeyochivayushchy conditions of production of grain, its preparation, storage, processing, a reyoalizatsiya, insurance, credit finansovye and other services;
20) products of processing of grain – a flour, grain, bakery and makaronyony products, compound feed, collateral produkty grain processings (concept "zeryono" and "products of processing of grain" – further it is necessary to understand as "grain and produkty its processings");
21) the grain register (mortgaging grain) – system of the accounting of information on grain (zaloyogovy grain) which is accepted zernovymi warehouses on storage in opredelenyony volume and to a certain term;
22) the register of warehouse documents on grain - system of the accounting of information on the skladsyoky documents issued by grain warehouses on grain and owners of such documents;
23) the grain market – system of the commodity-money relations, arising interfood his subjects in the course of a proyoizvodstvo, storage, trade and grain use on bases of a free konyokurentsiya, a free choice of napravleyoniya of realization of grain and definition of the prices, and also the state control of its quality and storage;
24) warehouse documents on grain – tovarorasporyaditelny documents, vyyodavayemy a grain warehouse to the owner of grain as confirmation of reception of grain on storage and the certificate a naliyochiya of grain and obligations grain sklada to return it to the owner such dokumenta;
27) quality of grain and products of its processing – set of potrebiyotelsky properties of grain and the products of its processing which are meeting the requirements
state standards, specifications, fytosanitory and veterinary sanitary standards and other normative documents.
Terms Agrarian fund, mortgaging purchase, the state agrarian intervention are used in the values defined by the Law of Ukraine About the state support of agricultural industry of Ukraine.
Article 2. Law purpose
The purpose of the present Law is:
ensuring food security of the state;
formation favorable for the market of grain of investment, credit, tax, customs policy;
optimization of structure and effektivyonost of grain production taking into account potential of climatic conditions and market conditions;
ensuring functioning rynka grains on bases of a combination of the svobodyony competition and state reyogulirovaniya) for the purpose of a sbalansirovaniye of interests of subjects of managing and the state;
establishment state kontrolya behind quality of grain, products of its processing and high-quality seeds;
stabilization of market resources zerna;
building of an export potential of the market of grain;
recognition of priority of development of the market of grain;
application of a mode of the state mortgaging purchases;
implementation of the state agrarian intervention;
definition of an order of export and importa grain and products of its processing according to international treaties"
Article 3. Sphere of action of the Law
Action of the present Law rasprostranyaetsya on all subjects of the market zerna.
Article 4. Legislation of Ukraine on grain and grain market
The legislation of Ukraine on grain and the market of grain is based on the Constitution of Ukraine and consists of the real Zakoyon, laws of Ukraine and other normativyono-legal acts.
Section II. SUBJECTS of the MARKET of GRAIN
Article 5. Subjects of the market of grain
Subjects of the market of grain are:
subjects of production of grain;
subjects of storage of grain;
agrarian fund and other subjects of the state mortgaging purchases of grain and state agrarian intervention;
the accredited exchanges;
fund of agrarian insurance subsidies of Ukraine and other subjects of state regulation of the market of insurance of agricultural production;
other subjects of an entrepreneurial activity acting in the market zerna.
Article 6. Subjects of production zerna
Subjects of production of grain yavlyayutsya owners, tenants and polzovayotel of the land lots, which ispolzuyut them for production of grain.
Article 7. Subjects of storage of grain
Subjects of storage of grain yavlyayutsya: grain warehouses (elevators, grain bases, the hlebopriyemny, flour-grinding and formula-feed enterprises) and other subjects of an enterprise deyatelyyonost who are taking part in process of storage of grain.
Subjects of storage of grain in a sootvetyostviye with the signed contracts of skladyosky storage with subjects of the market zerna guarantee ensuring quality and observance of standards of natural losses of grain during term its hraneyoniya.
Article 8. Subjects state mortgaging zakupok grain and state agrarian intervention
Subjects of the state mortgaging purchases of grain are: agricultural tovayoroproizvoditel, grain warehouses, Agrarian fund and other subjects of the state zaloyogovy purchases the grains defined by the current legislation.
Subjects of the state agrarian intervention are: agricultural tovaroproizvoyoditel, grain warehouses, Agrarian fund and other subjects of the state agrarian intervention defined by the current legislation.
Section III STATE REGULATION of the MARKET of GRAIN
Article 9. The basic principles of gosuyodarstvenny policy on regulation of the market of grain
The state recognizes priority of the market of grain, promotes its development and stable functioning.
The basic principles of gosudarstvenyony policy on regulation of the market of grain are:
granting a priority byudzhetyony, credit and investment podyoderzhka to subjects of implementation of a mode of mortgaging purchases of grain and to subjects of the state agrarian intervention;
ensuring internal needs of the state in food, seed, fodder, technical grain and measures for strengthening of its export;
establishment of the size of the sum of the budgetary loan calculated proceeding from the size of established minimum purchase price;
guaranteeing to selskokhozyaystvenyony producers of the right of a svoyobodny choice of use of grain and price of its realization;
prevention of restrictions in a peredviyozheniye of grain and its products pererabotki;
quality control of grain and its hraneyony;
development of a network of cooperative formations serving to the zernoyovy market;
introduction of modern resursosberegayoyushchy technologies in production, a hraneyoniya and grain processing;
leasing service of the market zerna.
The central and local bodies of the ispolyonitelny power promote pervoocheyoredny attraction of investments for development of material resources
agricultural tovaroproizvodiyotel, the procuring and zernopererabatyvayushchy enterprises, the enterprises making cars, the equipment for a grain farm, an usoveryoshenstvovaniye of infrastructure of the market of grain.
The grain yield is subject to the insurance which is carried out selskoxozyajstvennymi by producers of all forms of ownership and managing in a sootyovetstviye with the law.
Article 10. State reguliroyovaniye of the market of grain
Cabinet council of Ukraine osushhestvlyaet state regulation of the market of grain by a way:
introductions of a mode of the state mortgaging purchases;
formations of the state food reserve of grain for the purpose of support of appropriate level of food security and implementation of the state agrarian intervention;
ensuring financing of Agrarian fund;
certifications of services in storage zerna and products of its processing;
carrying out price policy on rynke grains and insurance of risks for subjects of the grain market;
introductions of the mechanism of export and importa grain and products of its processing according to international treaties;
ensuring financing programm export and a grain import under mezhyodunarodny contracts at the expense of means of the government budget;
introductions of declaring of grain, naxodyashhegosya stored;
ensuring monitoring of the market of grain;
implementation of customs and tariff policy;
ensuring development of balances zerna and their periodic specification;
financings scientific selekcionnoj works and seed farmings, introductions of their achievements;
financial support proizvoditeyoly seeds, research uchyorezhdeniye, sortoispytatelny stations at the expense of means state byudzheta;
partial compensation to selskokhozyayyostvenny producers of sortoyovy extra charges for acquired by them semena high reproductions at the expense of means of the government budget;
introductions of system of the state forward purchases;
introductions of a mode of temporary administrative price control;
providing the temporary budgetary grant.
Article 11. Certification of services in storage of grain and products of its pereyorabotka
Services in storage of grain and products of its processing are subject to certification on compliance to existing rules and specifications of storage of grain and products of its processing.
Section IV. FORMATION AND USE of GRAIN RESOURCES
Article 12. Grain resources
Grain resources of Ukraine consist from:
grains of the state food reserve;
grains of the state reserve seed fund;
regional resources of grain;
own resources of grain of subjects of the market.
Article 13. Resources of grain of a gosudaryostvenny food reserve
Formation of volumes of grain of a gosudaryostvenny food reserve is carried out by Agrarian fund by the conclusion of transactions of purchase and sale at the agrarian exchange, and the order of its use is defined by a zakonoyodatelstvo.
Realization of grain of the state reserve in need of its restoration will be coordinated with Cabinet council of Ukraine.
Article 17. Regional resources zerna
Regional resources of grain formiruyutsya by the conclusion of agreements at the accredited exchanges at the expense of budget funds of the Autonomous Republic Crimea, areas, the cities of Kiev and Sevastopol within the volumes defined by them.
Independent Respubliyoka Krym’s government, local bodies of the ispolnitelyyony power and bodies of a local samoupyoravleniye in an order, defined Kayobinetom Ministrov Ukrainy, osushhestvlyayut monitoring of availability of prodovolyyostvenny and fodder grain and opredelyayut the current and look-ahead level of security of. In case of nedostatochyony level of security with grain the Government of the Autonomous Republic Crimea and local executive authorities form the regionalyyony resources on the competitive beginnings through the accredited exchanges.
Control of formation of regioyonalny resources of grain is carried out by Independent Resyopublika Krym’s Council of ministers, regional, Kiev and Sevastopol municipal gosudarstvenyony managements.
Article 18. Use of sobstvenyony resources of grain by subjects of the market of grain
To subjects of the market of grain garantiruetsya the right freely to dispose of sobyostvenny resources of grain and products of its processing, to conclude agreements on their sale, including for export, to take part in formation of zeryonovy resources of Ukraine.
It is forbidden, except cases, opredelenyony by laws of Ukraine, to establish restrictions in moving of grain and produktov its processings.
Section V. DECLARING AND GRAIN QUALITY CONTROL
Article 19. Grain declaring
Grain declaring – activity of subjects of storage of grain on an opredeleyoniya of volumes of the grain being on a hrayoneniye, or stored in own or rented granaries.
Information on owners of grain yavlyaetsya confidential and at a deklayorirovaniye of grain isn’t disclosed.
Order of declaring of grain opredelyaetsya Ukraiyona’s Cabinet council.
Subjects of storage of grain bear an otvetyostvennost for completeness and reliability of the data specified in the declaration, in a sootyovetstviye with the legislation.
Article 20. Declaring of volumes of the grain being stored on grain skladax, and the grain stored subektami of production of grain in sobyostvenny or rented granaries
Declarations are represented monthly:
grain warehouses – about grain volumes gosudarstvennogo a food reserve, the state reserve seed fund, regionalyyony resources, other grain being stored (except the grain put in the state materialyyony reserve);
subjects of production of grain – about volumes of the sobstvenyony grain stored by them in own or rented granaries.
Article 21. Quality of grain and produktov its processings
Quality of grain and the products of its pereyorabotka made in Ukraine or imported on custom territory of Ukraine, should correspond to gosuyodarstvenny standards and other noryomativny documents. Quality of exporyotny grain and products of its processing can correspond to requirements, zayofiksirovanny the parties in the export contract.
Article 22. State control of quality of grain and products of its peyorerabotka
The main directions of an osushchestvyoleniye of the state control of a kayochestvo of grain are:
protection of the rights of subjects of the market of grain and consumers on their providing with grain and products of its processing which quality corresponds to requirements of state standards, specifications, fytosanitory, veterinary and sanitary and other standard doyokument;
establishment of indicators of quality of grain and products of its processing, metodik estimates of their quality;
accreditation of laboratories, osushchestvyolyayushchy determination of quality of grain and products of its processing;
certification of grain and products of its processing;
other directions provided by normative legal acts.
The state control of a kacheyostvo of grain and its products pererabotki is assigned on specially upolyonomochenny by Ukyoraina’s Cabinet council state authority in the sphere of the state control of quality of grain and products of its processing.
The provision on specially upolnomoyochenny state authority in the sphere of the state control of quality of grain and products of its processing utverzhdaetsya Ukraiyona’s Cabinet council.
Article 23. Grain and products of its peyorerabotka unsuitable for prodovolyyostvenny use
Grain and the products of its processing recognized by results of the laboratoryony analysis unsuitable for proyodovolstvenny use, podlezhat to examination for the purpose of acceptance a resheyoniya about possibility of their further isyopolzovaniye or destruction in poryadke, established by the Office Miniyostrov Ukrainy.
Carrying out examination of grain and produktov its processings, and also the prinyayoty conclusions about possibility of their dalyyoneyshy use or a unichtozheyoniya are assigned on specially upolnoyomochenny by Ukrayoina’s Cabinet council state authority in the sphere of the state control of quality of grain and products of its processing.
The expenses connected with transportirovyoky, storage, examination or unichtoyozheniye of grain and the products of its peyorerabotka unsuitable for prodovolyyostvenny use, are paid by the owner of grain and products of its pereyorabotka.
Section VI. GRAIN STORAGE
Article 24. Grain storage in a zernoyovy warehouse
Grain is subject to storage in grain warehouses.
Owners of grain have the right zaklyuchat warehousing contracts zerna to grain storage in grain skladax with obtaining warehouse documents on grain, and also to store grain in sobyostvenny granaries.
At grain reception on storage zernoyovy the warehouse is obliged to carry out the analysis of its quality.
The grain warehouse is obliged to take all measures provided by the real Zayokon, normative legal acts, the contract of warehousing of grain, for ensuring safety of grain, peyoredanny to it on storage.
Grain delivery to the owner of the warehouse document on grain is carried out in exchange for the zernoskladsky documents written out on it.
Each of treaty parties skladskogo grain storage at shipment of grain has the right to demand check of its quality. The expenses connected with carrying out analiza of its quality, the party, potreboyovavshy bears its checks.
Article 25. Grain warehouse
The grain warehouse is a warehouse
the general using also is obliged to accept on storage grain from any person.
Article 26. Contract warehouse grain hraneyoniya
The contract of warehousing of grain is the public contract which standard form affirms Cabinet council of Ukraine.
Under the warehousing contract zerna the grain warehouse undertakes to store the grain transferred to it by the subject of the market of grain for a payment.
The contract of warehousing of grain is in writing that proves to be true delivery to the owner zerna the warehouse document.
The grain accepted on storage on a proyosty or double warehouse svideyotelstvo, can’t be aloof without lawful transfer of the simple or dvoyyony warehouse certificate.
If the warehousing contract zerna provides that the grain warehouse has the right to dispose of it (or it chastyu), the relations of the parties are based on rules about zaeme. The order of return of grain makes a reservation separately in the contract of its storage.
Article 27. Term of warehousing of grain
The grain warehouse is obliged to store grain during the term established in a dogoyovor of warehousing of grain.
If the grain period of storage the contract of warehousing of grain, not ustanovlen also can’t be defined proceeding from its conditions, the grain warehouse is obliged to store grain before idea by a poklazhedatel of the requirement of its return.
Article 28. Grain storage charge
The grain storage charge, terms of its vneyoseniye are established by the contract of skladyosky storage of grain.
If storage of grain stopped ahead of schedule not because of a grain warehouse, it has the right to compensation of poyonesenny expenses.
If the poklazhedatel after sroka validity warehouse a hraneyoniya of grain didn’t take away grain back, it obyazan to bring a payment for all actual vremya its storages.
By the warehousing contract zerna besplatyony storage of grain can be provided.
Cabinet council of Ukraine ustanavlivaet a payment limit (tarif) for storage of the grain acquired for means of the government budget.
Article 29. Refusal consequences from peredachi grains on storage
The grain warehouse, undertaken to take grain on storage in provided by the contract of warehousing of grain term, has no right to demand transfer to it this grain on storage.
The owner of the grain who has not transferred it to storage in term defined by the contract, is obliged to indemnify to a grain warehouse a nayonesenny loss.
Article 30. Reimbursement for grain storage
The expenses, which parties couldn’t provide at the conclusion of the contract of warehousing of grain (chrezvyyochayny expenses), are compensated over platy, due to a grain warehouse if other isn’t provided by the contract of warehousing of grain.
Article 31. A duty of a poklazhedatel of grain to take away grain after sroka grain storages
Poklazhedatel grains is obliged to take away grain from a grain warehouse after a grain period of storage.
The grain warehouse is obliged in writing in seven days prior to the expiration of storage of grain to warn a poklazhedatel zerna about the expiration of storage of grain and to offer term of claiming of grain.
If the poklazhedatel of grain in predloyozhenny a grain warehouse term not zabral grain, a grain warehouse has the right to sell it on the competitive beginnings. The means received from sale of grain, are transferred to a poklazhedatel of grain for vyyochety the sums which are due to a grain warehouse, in that count it expenses on prodazhe grains.
Article 32. A duty of a grain warehouse to return grain
The grain warehouse is obliged to return to a poklayozhedatel or the person specified by it as the recipient, grain in a condition provided by the contract of warehousing and the legislation.
Article 33. Responsibility zernovogo a warehouse for loss, shortage or a poyovrezhdeniye, grain
For loss, shortage or damage of the grain accepted on storage, a grain warehouse bears responsibility on the osnovayoniya provided by a zakonodatelyyostvo.
The grain warehouse is released from an otyovetstvennost for loss, shortage and the poyovrezhdeny grains, caused by nepyoreodolimy force.
For loss, shortage or damage of the grain accepted on storage after there came a duty of a poklazhedayotel to take this grain back, the grain warehouse bears responsibility only at existence from its party of intention or gruyoby imprudence.
Article 34. Compensation of a damage, nayonesenny to a poklazhedatel
The damage put to a poklazhedatel with loss, shortage or grain damage, is compensated by a grain warehouse:
for loss and shortage of grain – in a razyomer of cost of the lost or nedostayoyushchy grain;
for grain damage – in the size summy on which its cost decreased.
In a case when owing to a povrezhdeyoniya quality of grain changed nastolko that it can’t be used on initial appointment, the poklayozhedatel has the right to refuse it and to demand from a grain warehouse vozyomeshcheny costs of this grain.
Article 35. Grain return on a trebovayoniya of the owner of the warehouse document
The grain warehouse is obliged to return grain even if preyodusmotrenny the contract of a warehouse hrayoneniye term of its storage yet didn’t expire according to the first requirement of the owner of a warehouse dokuyoment. In this case the owner of a warehouse dokuyoment is obliged to refund grain skladu the expenses caused by an early preyokrashcheniye of the obligation if other isn’t provided by the contract of a warehouse hrayoneniye.
Article 36. The register of the grain accepted on storage
Grain warehouses are obliged to conduct the register of the grain accepted on storage.
Requirements to the register of grain and an order of its maintaining are defined by Cabinet council of Ukraine.
Section VII. GRAIN NA WAREHOUSE DOCUMENTS
Article 37. Types warehouse dokumentov on grain
The grain warehouse in confirmation priema grains gives out one of the following doyokument:
double warehouse certificate;
simple warehouse certificate;
warehouse receipt.
The warehouse document on grain vypisyvaetsya after grain transfer on hraneyony no later than the next working day.
After filling obligatory rekvizitov the simple or double skladsyoky certificate on grain, to their registration in the register with assignment of serial number the filled form of the simple or double warehouse certificate is transferred to grain to the person which has checked grain.
The grain warehouse is obliged to write out separately warehouse documents on grain for the parties of grain relating to different commodity classes, according to state standards.
Blank form of warehouse documents on grain, an order of their release, transfer, sale to grain warehouses ustanavlivayutsya Cabinet council of Ukraine.
The grain accepted on storage on a proyosty or double warehouse svideyotelstvo, can be a pledge subject during a grain period of storage by pledge of the corresponding certificate. The grain warehouse should insure the grain accepted on storage under the simple or double warehouse certificate, from risks of casual death, a povrezhdeyoniya or losses at the expense of means of a poklazheyodatel.
On request of the person which has checked grain, a grain warehouse it is obliged vypisyvat separate warehouse documents on grain on any parts of the checked grain.
New warehouse documents on grain stand out in exchange for the earlier written out.
At deprivation of a grain warehouse sertifikata compliances the issued earlier warehouse documents remain in an obrashcheyoniya before the expiration of storage of grain.
The relations arising at an obrashcheyoniya of warehouse documents, reguliruyutsya the present Law and other noryomativno-legal acts, taking into account the osoyobennost established by the real Law.
Article 38. Double warehouse svideyotelstvo
The double warehouse certificate sostoit from two parts – a warehouse sviyodetelstvo and the mortgaging certificate (varrant) which can be otdeleny from each other.
In each of two parts of the double warehouse certificate should be equally specified:
1) the name and a site of the grain warehouse which has accepted grain on storage;
2) current issue of a warehouse svideyotelstvo according to the register warehouse dokumentov a warehouse;
3) the name of the legal entity or a name of the individual from which grain on storage, and also a mesyotonakhozhdeniye (residence) of such person is accepted;
4) the name and amount of the grain accepted on storage, and at a neobkhodiyomost – qualitative characteristics of grain;
o) term on which grain on storage if such term ustanavlivaetsya, or the instruction that grain is accepted on storage poste restante, in predelax certificate actions on a sootvetyostviye of services in storage of grain and produktov its processings, given out zernovomu to a warehouse is accepted;
6) the size of the storage charge or tarify, on the basis of which it ischislyaetsya, and a procedure for payment of storage;
7) date of issue of the warehouse certificate;
8) authorized signature and press of a grain warehouse.
If grain is accepted on storage with an obezlicheniye, in both parts of the dvoyyony warehouse certificate on grain the corresponding entry is made.
When receiving the credit on zalogovomu to the certificate both parts of the double warehouse certificate on grain dolzhny to contain the name (name) and a site (residence) of the yuriyodichesky person (citizen), vydavshego the credit, date of issue and the size of the credit, a condition on which it is given out, and the signature of the authorized worker yuridicheskogo the faces (citizen), assured pechatyu the legal entity (notary). Term of issuance of credit shouldn’t prevyshat a grain period of storage.
The document which is not answering trebovaniyam of the present article, isn’t the dvoyyony warehouse certificate.
Article 39. Rights of the owner of the skladsyoky and mortgaging certificate
The owner of a warehouse and mortgaging sviyodetelstvo has the right to dispose of the grain stored in a grain warehouse. The owner of only a warehouse svideyotelstvo has the right to dispose zeryony, but this grain can’t be taken from a grain warehouse before repayment of the credit which has been given out under the mortgaging certificate. The owner of only a mortgaging svidetelyyostvo has the right to demand from the face, poyoluchivshy the credit (the first nadpisatel), return of all amount of debt and percent, and also pledge on grain for the sum of sootyovetstviya with the sum of the credit and percent for using of. At pledge of grain the otyometka about it becomes on the warehouse certificate.
The owner of only a mortgaging svidetelyyostvo has the right to receiving money which were brought zernovomu to a warehouse by the owner of a warehouse svideyotelstvo when receiving grain, in a case when grain was given out grain sklayody in exchange for the corresponding skladsyoky certificate. When receiving denezhyony means the right of the requirement, to the first nadpisatel of the mortgaging certificate comes to an end.
If expired a maturity date of the credit specified in the mortgaging certificate, the grain warehouse is obliged to sell grain in the order established by a zakonodatelyyostvo for sale of put grain, according to the written requirement of the owner of the mortgaging certificate.
Article 40. Transfer warehouse I zayologovy certificate
The warehouse and mortgaging certificate can be transferred together or separately on transfer inscriptions (inyodossament).
The endorsement should contain a naiyomenovaniye of the legal entity or a name of the citizen and his site (mesto its residence), become new holders of the warehouse certificate or the mortgaging certificate, date of a soveryosheniye of the endorsement and the signature of the authorized worker yuridicheskogo the faces (citizen), assured pechatyu the legal entity or the notary. The procedure of transfer inscriptions (endorsements) is defined by the legislation.
Article 41. Simple warehouse svideyotelstvo
The simple warehouse certificate is eaten away to bearer.
The simple warehouse certificate dolyozhno to contain data, predusmotrenyony points 1,2, 4-8 of a part of the second article 38 of the present Law, and also an ukayozaniye that it is given out on a predjyaviyotel.
If grain is accepted on storage with an obezlicheniye, in the simple warehouse certificate on grain sootvetyostvuyushchy entry is made.
The document which is not answering trebovaniyam of the present article, isn’t the proyosty warehouse certificate.
Article 42. Rights of the owner of the simple warehouse certificate
The owner of a simple warehouse svideyotelstvo has the right to dispose zeryony, stored in a grain warehouse. Thus transfer of a simple warehouse svidetelyyostvo is equated to transfer of grain.
The simple warehouse certificate peredaetsya by delivery its new vla
to the businessman. Pledge of the grain which has been handed over on a hrayoneniye on a simple warehouse svidetelyyostvo, is carried out by transfer for-stavodatelyu this certificates on a peyoredatochny inscription (endorsement) in an order defined by article 40 of the nastoyoyashchy Law. On demand dolzhnika to it the duplicate of proyosty warehouse certificates with otmetyoky about pledge can be granted. At pledge of the grain checked under the simple warehouse certificate, to the simple warehouse certificate rules, usyotanovlenny are applied to a mortgaging svidetelyyostvo, and to the duplicate of the simple warehouse certificate – the rules established for warehouse certificates.
Article 43. Warehouse receipt
If the grain warehouse accepts zeryono a nakhraneniye without issue of the simple or double warehouse certificate, for confirmation of reception of grain on hraneyony it should give out a warehouse kviyotantsiya.
Essential data of a warehouse kviyotantsiya are established by Cabinet council of Ukraine.
Article 44. Grain delivery under the double warehouse certificate
The grain warehouse grants grain to a vladelyyoets of warehouse and mortgaging certificates (the double warehouse certificate) not differently than in exchange for both certificates together.
To the owner of the warehouse certificate who does not have the mortgaging certificate, but brought an amount of debt on it, zernoyovy the warehouse gives out grain in exchange for the skladyosky certificate and under condition of a predyostavleniye together with it of the document, podyotverzhdayushchy payment of an amount of debt under the mortgaging certificate.
The grain warehouse which has granted grain to a vlayodelets of warehouse certificates, not imeyoyushchy the mortgaging certificate and not brought an amount of debt on it, bears an otyovetstvennost before the owner of the zalogoyovy certificate for payment of all summy, provided on it.
The owner of a warehouse and mortgaging sviyodetelstvo has the right to demand vydachu some grain in parts. Thus in exchange for primary certificates to it new certificates on grain, ostavsheesya in a grain warehouse are granted.
Article 45. The register warehouse dokumentov on grain
Grain warehouses conduct the register of skladsyoky documents on grain.
Requirements to the register of warehouse dokuyoment are defined on grain and an order of its maintaining by Cabinet council of Ukraine.
Article 46. Repayment of warehouse doyokument on grain
After grain delivery to owners of warehouse documents on grain grain warehouses should extinguish the accepted warehouse documents on grain by a mark in the warehouse document – "poyogasheno". Extinguished warehouse dokumenty on grain in the repeated address aren’t allowed and excluded from the register of warehouse documents on grain about what the corresponding entry is made. The extinguished warehouse documents xranyatsya a grain warehouse within three years.
Section X-th. EXPORT AND the IMPORT of GRAIN AND PRODUCTS of ITS PROCESSING ON MEZHDUNARODYONYM to CONTRACTS of UKRAINE
Article 78. International treaty
The international treaty on export and an import of grain and products of its pererayobotka is transferred for execution to Goyosudarstvennom to the agent for ensuring export and an import of grain and products of its processing for the international doyogovor.
If Ukyoraina’s international treaty, the consent to obligation of the kotoyory is given by the Verkhovna Rada of Ukraine, ustanovleny other rules, than that, kotoyory are provided by the present Law, rules of the mezhdunarodyony contract are applied.
Article 79. The state agent for ensuring export and an import of grain and products of its processing for international treaties
The state agent for ensuring export and import of grain and products of its processing is determined by the international doyogovor by the Office Miniyostrov Ukrainy on the competitive beginnings.
Article 80. Financing of export and an import of grain and products of its pereyorabotka according to international treaties
Financing of export and import of grain and products of its processing according to international treaties osushhestvlyaetsya at the expense of means of the government budget.
Activity State agenta on ensuring export and an import of grain and products of its processing, svyayozanny with implementation of export and an import of grain and products of its pererayobotka according to international treaties, osushhestvlyaetsya at the expense of means of the gosudarstvenyony budget.
Unused funds of the current fiscal year for programs eksporta and an import of grain and products of its pereyorabotka pass for the next finanyosovy year.
Section XI. INTERNATIONAL COOPERATION
Article 81. The international sotrudniyochestvo in the sphere of action of the Law
Ukrayoina’s international cooperation in the sphere of action of the real Zakoyon is carried out by the Office Miyonistrov Ukrainy, the central and mestyony executive authorities. They provide within the polyonomochiya implementation of measures for an integrayotsiya of Ukraine in the sphere of the market of grain in the Evyoropeysky union.
Section XII. RESPONSIBILITY FOR VIOLATION of the LAW
Article 82. Responsibility for the Law naruyosheniye
Legal entities and individuals, viyonovny in violation of the present Law, bear responsibility according to the law.
Section XIII. FINAL PROVISIONS
Article 83. Final polozheyoniya
1. The present Law comes into force from the date of its publication.
2. Before reduction of laws of Ukraine, other normative legal acts in compliance with the present Law they are applied in a part which is not contradicting the present Law.
3. To cabinet council of Ukraine within three months from the date of coming into effect of the present Law:
to prepare and present on a rassmotyoreniye of the Verkhovna Rada of Ukraine of a predloyozheniye about modification of the laws of Ukraine following from the present Law;
to prepare and present on a rassmotyoreniye of the Verkhovna Rada of Ukraine the bill of Ukraine on simple and double warehouse certificates;
to bring the normative legal acts into accord with the real Zakoyon;
to provide within the polnomoyochiya acceptance standard and legal aktov, necessary for implementation of the present Law.
Edition note:
Points 3, 4, 6, 7, 8, 9, 17, 18, 25, 26; paragraph of the fourth article 10, paragraphs of the third and fourth article 12; articles 14, 15, 16; sections VIII, IX of the Law of Ukraine from July 4, 2002 of No. 37-IV are excluded according to the Law of Ukraine from May 31, 2005 of No. 2611-IV.
Final provisions of the Law No. 2611-IV from May 31, 2005 are stated in the following edition:
Final provisions
1. The present Law comes into force from the date of its publication.
2. The mechanism of a mode of the state mortgaging purchases of grain is regulated by the Law of Ukraine About the state support of agricultural industry of Ukraine.
3. The mechanism of implementation agrarian (commodity and financial) interventions in the organized agrarian market is regulated by the Law of Ukraine About the state support of agricultural industry of Ukraine.
4. The current of a period of storage of mortgaging grain in grain warehouses begins with acceptance of mortgaging grain on storage after July 1 of the current year, but can’t be more long than till July 1 of the next year.
5. To cabinet council of Ukraine in three-months term from the date of coming into effect of the present Law:
to bring into accord with the present Law the normative legal acts;
to provide reduction by the ministries, other central executive authorities of their normative legal acts in compliance with the present Law.
The law of Ukraine About modification of the Law of Ukraine About grains and the grain market in Ukraine from January 9, 2007 of No. 547-V comes into force in 30 days after its publication. The Law in the newspaper Voice of Ukraine of No. 14 is published on January 26, 2007.