Head of practice
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.
Tobacco cultivation license
When do you need to obtain a license for the right to grow tobacco?
A license for the right to grow tobacco (hereinafter referred to as LGT) is an official permit for business entities to carry out relevant activities in the production of tobacco products. Such licensing was introduced to regulate tobacco raw materials, allows you to control the quality of such products, and prevent illegal production.
LGT must be obtained by all business entities (legal entities and individual entrepreneurs) planning to engage in tobacco cultivation on the territory of Ukraine. Activities subject to obtaining a license are specified in Article 20 of the Law of Ukraine “On State Regulation of the Production and Circulation of Ethyl Alcohol, Alcohol Distillates, Alcoholic Beverages, Tobacco Products, Liquids Used in Electronic Cigarettes, and Fuel”. Therefore, it is envisaged that such a permit must be obtained for:
- tobacco cultivation,
- fermentation of tobacco raw materials,
- production of tobacco products and liquids for electronic cigarettes.
Lawyers of “Prikhodko & Partners” point out important aspects of granting LGT, which involves:
- the presence of a full technological cycle, during which production meets all technical and sanitary standards;
- arranging a special place for further storage of products, as well as entering data about them into the Unified Register;
- compliance with legislative regulations on losses and waste from raw materials during their storage, transportation, and use in production (provided for in the relevant Licensing Rules).
To obtain a LVT, a business entity must apply to the territorial body of the State Tax Service of Ukraine, having previously checked the compliance of its activities with legislative norms and standards. By obtaining such a permit, the manufacturer also assumes a number of additional obligations, which consist in keeping records of the grown products and reporting to the tax authorities. Below, we will consider in more detail the process of obtaining it.
How to obtain a license for the right to grow tobacco?
An LGT is issued to a business entity on the basis of its official registration in accordance with the legislation, compliance with organizational and technical requirements regarding the place of cultivation, raw materials, and a list of mandatory documents.
The mandatory documents for obtaining the relevant license are:
- first, an application in any form for the issuance of a permit;
- secondly, certified copies of the constituent documents of the business entity (meaning the Charter, the Protocol of establishment);
- thirdly, a certificate of production (if the person has his own certified laboratory for growing tobacco and further production of tobacco products), issued by an authorized state body (the license is issued after certification); or an agreement with an accredited laboratory (another business entity);
- finally, a receipt confirming the payment of the license fee.
Before submitting the necessary documentation in one of the provided ways (by mail to the State Tax Service, in person, through a representative or using the “Diya” Portal), it is necessary to make sure that the entity complies with other mandatory requirements other than those specified above. Thus, the person must meet the following criteria: ensuring accounting for the availability and movement of tobacco raw materials, cigarette paper, filters, and tobacco products; compliance of the video surveillance system with the established requirements for cameras, image quality, and duration of video recording storage.
You can learn more about the procedure for obtaining an LGT by contacting a specialized lawyer at "Prikhodko & Partners".
Assistance from lawyers of “Prikhodko & Partners” for obtaining a license for tobacco cultivation
Turning to the lawyers of “Prikhodko & Partners” is the key to successfully obtaining a license and providing your business with reliable legal support. Our specialists can help you by:
- providing high-quality legal advice on the legislation regulating tobacco cultivation and obtaining a permit for such activity, preparing the necessary documents and fulfilling other requirements;
- preparing a complete list of mandatory documentation for submission to the licensing authority (applications, constituent documents, agreements, etc.);
- assisting in obtaining a certificate for a laboratory for tobacco cultivation (if necessary);
- submitting documents to the territorial bodies of the State Tax Service and representing your interests during the consideration of the application;
- appealing an unlawful refusal to obtain a license (if necessary).
What is the responsibility for growing tobacco without a license?
Growing tobacco without an appropriate license is a violation of the legislation of Ukraine and entails responsibility provided for by the Criminal Code of Ukraine, as for the illegal manufacture of excisable goods. Thus, for the manufacture, storage, sale or transportation of tobacco without legal grounds, a fine (85,000-170,000 hryvnias), confiscation of property (illegally grown tobacco raw materials and equipment), imprisonment (for 3-8 years) is provided, depending on the socially dangerous consequences that were caused.
Thus, a license for the right to grow tobacco is a mandatory document for all entrepreneurs who plan to grow tobacco in Ukraine. Such a permit is required directly for growing tobacco, for fermentation of tobacco raw materials, production of tobacco products and liquids for electronic cigarettes.
Contacting professional lawyers of “Prikhodko & Partners” can be a guarantee of successful obtaining of a license and reliable legal support for your business. To find out the cost of legal support, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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