Lobbying to simplify the regulatory framework
The existing conflict of laws makes it possible to remove the term "permission" to conduct business activities related to industrial cultivation of industrial hemp cultivation. The information in the future will be used to lobby for the issue of the abolition of the obligation of that document before the adoption of the amendments initiated by the Association in the profile law of Ukraine.
An analysis of the current regulatory framework indicates the presence of legal collisions associated with the notion of "national police permit for the use of facilities and areas intended to carry out activities on turnover of drugs, psychotropic substances and precursors, and their compliance with the requirements" (hereinafter the "Resolution" ). Given the fact that the ambiguity of the interpretation of the regulatory framework regularly used by certain representatives of the Ministry of Interior for the creation of artificial barriers in obtaining necessary permits, professional associations Ukrainian growers will initiate consideration of the advisability of not "allowed" at the level of the relevant government ministries. To this end, government agencies sent letters received an answer to that will be organized meeting of interested state structures, in which you plan to work out a common position of the state in relation to the concept of "permission".
Below is a sample of the Association of letters, trained and sent to government agencies that are involved in the discussion of changes in the profile law of Ukraine. Even in the case of a decision not to annul the "Permissions" in the preparation of the seed company in 2017, all the materials will be the basis to lobby its cancellation at the level of the law of Ukraine "On narcotic drugs, psychotropic substances and precursors".
The text of the letters produced to the relevant ministries and departments of Ukraine (translated from the state language).
The list of documents allowing character in the sphere of economic activity, approved by the applicable law of Ukraine on the one hand does not contain national police permission for the use of facilities and areas intended to carry out activities on turnover of drugs, psychotropic substances and precursors. On the other, in accordance with the provisions of the Law of Ukraine "On narcotic drugs, psychotropic substances and precursors" and "Licensing conditions for economic activity in plant cultivation, included in Table I of the list of narcotic drugs, psychotropic substances and precursors" when they apply for a license to carry out activities on turnover of drugs, psychotropic substances and precursors, the company must provide the licensing authority of the above-mentioned resolution of the national police.
Without in any way taken into account the situation in which the agricultural producer, engaged in cultivation beznarkoticheskoy hemp and has already received the appropriate license from the state each year in connection with the need for crop rotation and production characteristics of the business must changing the location of the industrial crops technical hemp receive one and the same resolution. National Police Authorities refuse to identify an exhaustive list of documents which they would have been enough to make changes within the enterprise business license. Therefore, agricultural producer annually forced to receive the same document of the National Police, changing documents in the package, which is already located in the business license of the enterprise only materials that confirm the right of ownership or lease of land.
This year, some police officers, using legislation uncertainty on this issue, artificially create the conditions under which companies were unable to obtain the appropriate authorization of the territorial units of the national police. This led to the disruption of the implementation of export contracts and the creation of conditions for the bankruptcy of a number of firms specializing in the cultivation and processing of hemp beznarkoticheskoy.
In order to bring the Law of Ukraine "On narcotic drugs, psychotropic substances and precursors" in accordance with the laws of Ukraine "On licensing system in the sphere of economic activity", "On Administrative Services" developed and registered a draft Law of Ukraine "On Amendments to the Law of Ukraine" On narcotic drugs, psychotropic substances and precursors. "The bill in particular is expected to replace the national police permission for the use of facilities and areas intended for activities on turnover of drugs, psychotropic substances and precursors, declaration of conformity logistical bases.
Given the above, the uncertainty of the legislation on the matter and some facts to use this situation to create artificial barriers to agricultural companies involved in the cultivation and industrial hemp processing, we consider it expedient to level at the legislative level, the national police permission to use the facilities and premises for the implementation of sales activities narcotic drugs, psychotropic substances and precursors, through the introduction of the declarative principle, consistent with the general policy of the state, aimed at the deregulation of business.
Comment of the Association "Ukrainian industrial hemp"
At the level of the legislative and executive branches of our country's government decided to deregulate entrepreneurial activity, and therefore introduced the declarative principle. The existing conflict of laws makes it possible to remove the term "permission" to conduct business activities related to industrial cultivation of industrial hemp cultivation. This publication has been prepared in order to collect factual material about the misconduct of individual employees MIA in the procedures for issuing "permits", which will later be used to lobby for the issue of the abolition of the obligation of that document before the adoption of the Association initiated amendments to the Law of Ukraine profile.
Information taken from the site http://tku.org.ua