License to manufacture tobacco products

Tobacco products can be manufactured in Ukraine only if you have a license to do so. If you are interested in legal support in obtaining such a license, you can contact the lawyers of Prikhodko & Partners Law Firm. We specialize in these types of services, and therefore can both advise and perform all the necessary actions in the legal field that do not require your personal presence. In the meantime, let’s look at the specifics of obtaining such a license.

Who needs this license and why: how does the law regulate this issue?

As for the legal acts that regulate the issue of obtaining a license for the manufacture of tobacco products, it is worth mentioning the Budget Code in paragraph 23 of part 1 of Article 64, as well as paragraph 20 of part 1 of Article 66.

The next relevant legal act is the Law «On State Regulation of Production and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohol, Alcoholic Beverages, Tobacco Products, Liquids Used in Electronic Cigarettes and Fuel». In particular, it is worth paying attention to Articles 3, 4 and 8 of this law.

An individual entrepreneur or a legal entity can apply for such a license. This is done through the State Fiscal Service. Since everything can be done through a legal representative, we recommend that you take advantage of this opportunity, as it will save you time and effort.

What are the requirements for obtaining a license to manufacture tobacco products?

Along with the application, which can be made in any form, copies of the constituent documents must be attached, as well as an agreement with a laboratory accredited in accordance with the applicable law. The second requirement is relevant if the business does not have its own laboratory. We will advise you on this aspect in more detail when you contact our team.

It is important to know that in order to obtain a license, an enterprise must have a full technological cycle of tobacco production, including cigarette shops and tobacco blend production.

Business entities in this area are subject to mandatory certification for compliance with the requirements of the legislation on the protection of human life and health and the environment. The certification also covers the entire production cycle. Compliance with sanitary, fire and environmental standards is equally important.

Only after this certification has been completed can a license be obtained.

Term, cost and procedure for obtaining a license

In order to obtain a license, you need to pay an administrative fee of UAH 780. The service is provided within 30 days. If there is no response within this time, we can send a lawyer’s request to find out the reason. You should also be aware of the key reasons why a license may be denied. These include:

1. failure to pay the administrative fee;
2. an incomplete package of required documents.

If you have been unreasonably denied a license, you can appeal this decision to the district administrative court. Qualified lawyers have sufficient experience in such cases, so they will help you efficiently and effectively.

What happens in the absence of a license?

If an entrepreneur manufactures tobacco products without a license, this creates a number of legal risks for him or her. Article 204 of the Criminal Code provides for liability for such an offense. The penalty is a fine of 5 to 10 thousand tax-free minimum incomes, as well as confiscation and subsequent destruction of illegally manufactured goods.

If such an offense is committed repeatedly, the sanction is even more severe.

How can we help?

The lawyers of Prikhodko & Partners Law Firm provide the following services:

• Consulting. We will answer your questions about obtaining a license to manufacture tobacco products.
• Legal support. Our team will perform a representative function during interaction with the State Fiscal Service, to which documents for obtaining a license are submitted.
• Representation of interests in court. This is relevant if you are faced with an unreasonable refusal.

Legal support in obtaining licenses is an important part of our professional activities. To get legal advice from a lawyer or order legal support for obtaining a license to manufacture tobacco products, fill out the form on our website and our lawyer will call you back as soon as possible.