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Prikhodko&Partners
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Licensing of business activities Cancellation of fuel retail license

Kirilkin Radion

Head of practice

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kirilkin@prikhodko.com.ua

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Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.

Cancellation of fuel retail license

Termination of a license issued to an entrepreneur for the right to retail fuel trade results in the cancellation of the legal right to such activity. Cancellation of a license is a unilateral act that can be taken forcibly by the licensing authority or on the basis of an application submitted by the entrepreneur. The decision is made if there are clearly defined grounds in the legislation, in particular in the Law of Ukraine No. 3817-IX. It is worth emphasizing that if an entrepreneur wishes to terminate the license at the time of the existence of obstacles to doing business, he can achieve its termination without losing the right to obtain it in the future.

When can a license for the right to retail fuel trade be canceled?

Such a decision is made on the grounds clearly defined in the law, primarily:

submission by the entrepreneur of a corresponding statement of intention to terminate the official permit;
cancellation of state registration (automatically makes further activity impossible);
untimely payment of the next (annual) license fee within the established period;
detection of unreliable information in the documents submitted to obtain an official permit for fuel trade;
establishment of the fact of the absence of a business entity at the address of the activity;
violation of the rules and deadlines for informing the licensing authority about changes;
groundless refusal by the entrepreneur to allow authorized representatives of the state body to conduct an inspection in accordance with the TCU;
establishment by the court of a violation of the business entity’s performance of fuel trade activities in general;
submission to the National Security and Defense Council on the application of sanctions to the enterprise (its manager).

It is worth noting that the funds paid as part of the license fee are not refundable in the event of initiating the procedure. More information regarding the grounds for termination of a fuel retail permit can be found by contacting one of our lawyers for advice.

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Procedure for voluntary cancellation of a license for the right to retail fuel trade

Application for cancellation of a license

An official written document (application) is submitted by a business entity to the Main Directorate of the State Tax Service of Ukraine. Such an application must contain the following information:

first, the name of the territorial body of the State Tax Service that issued the license;
second, data on the licensee (full name, EDRPOU code, current location of the RRO, contact details);
third, details of the license to be canceled (number, date of issue);
fourth, a justified reason for terminating the relevant permit (for example, change in the type of activity, transfer of the trade facility to another person on the basis of civil law contracts, etc.);
finally, a description of the documents attached to the application (original license, power of attorney for submitting documents by a representative, certificate of payment of taxes for activities with excisable goods, etc.).

The main stages of the procedure for voluntary cancellation of the license

The specified procedure is carried out by:

preparation and submission of an application to the State Tax Service. At this stage, it is necessary to collect and prepare copies of documents, draw up an application, and certify it with the signature of the manager. After that, submission of documentation to the State Tax Service can be initiated in one of the provided ways – in person to the office of the state body, sending by a valuable letter with a description of the attachment and notification of delivery, or in electronic form using the electronic payment system through “Diya”;
consideration of the application by the state body. An authorized employee registers the application, checks the submitted documents, considers the specified reason for termination of the license, initiates inspections (if necessary) and makes a final decision. The decision is drawn up in the form of an order;
sending the State Tax Service decision to the entrepreneur. It can be sent by mail to the address specified in the application or to the official legal address of registration of the licensee from the licensee’s Unified State Register, sent in electronic form.

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How can Prikhodko & Partners lawyers help?

Prikhodko & Partners lawyers can provide support at each stage of the specified procedure, ensuring compliance with all legislative requirements. Our specialists provide their services within the framework of:

legal consultations (regarding the procedure for canceling a license, documents available to the licensee, grounds for cancellation, possible risks and ways to minimize them);
legal support (professional preparation of the necessary documentation, submission to the State Tax Service, control of the application review process, appeal of illegal actions or decisions of the State Tax Service, etc.).

It will also be useful: Fuel wholesale license

To sum up, the cancellation of a license for the right to retail fuel trade can be initiated either by the entrepreneur himself or by the licensing authority on the grounds clearly defined by law. The procedure for voluntary termination of the relevant permit includes the preparation and submission of an application to the State Tax Service of Ukraine with the necessary documents. Legal support from the lawyers of “Prikhodko & Partners” can be valuable at every stage of this process.

Fill out the form below, get a consultation, find out the cost of legal support, and submit an application for cancellation of your fuel retail license today!

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