Main requirements for the whole and retail fuel sales:
1. Retail fuel sale is carried out by the business entity with a license for a right to retail fuel sale.
2. Business entities carry out retail fuel sale exclusively in a consumer containers with a volume of up to 5 liters inclusively without obtaining license for retail fuel sale.
3. Business entities receive retail fuel sale license for each fuel retail sale location.
4. Retail fuel sales are carried out exclusively from the fuel retail sale locations.
5. Retail fuel sale is prohibited, except for the fuel sale in a consumer containers with a volume of up to 5 liters inclusively, in places other than gas stations / gas filling stations / gas filling points / bunkering of gas filling stations / gas filling points / intermediate warehouses of liquefied hydrocarbon gas cylinders / specialized gas sales stores, except for the retail sale of liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers from specialized vehicles for transporting liquefied hydrocarbon gas cylinders.
6. Retail sale of the liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers from specialized vehicles for transporting liquefied hydrocarbon gas cylinders is permitted if licensee has a place of the retail fuel sale in which gas filling stations / gas filling points / intermediate warehouses of liquefied hydrocarbon gas cylinders / specialized gas sales stores are located, and information on the state license plates of specialized vehicles for transporting liquefied hydrocarbon gas cylinders, from which retail sale of the liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers will be carried out, is entered into the Unified Register of Licensees and Places of Fuel Circulation.
Retail sale of the liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers from specialized vehicles for transporting cylinders with liquefied hydrocarbon gas is carried out with obligatory use of registrars of settlement operations, information about which is entered into the Unified Register of Licensees and Places of Fuel Circulation.
Retail fuel sale is activity of purchasing or receiving and further selling or dispensing fuel with or without changing its physical and chemical characteristics from the fuel retail outlets through fuel dispensers, gas dispensers and/or oil dispensers, as well as sale of the liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers, as well as refueling from a bunkerer in awater space of sea and river vessels.
Retail fuel location is a real estate object or single (integral) property complex on the territory of which technological equipment intended for reception, storage and retail fuel sale is located, which belongs to the business entity on the ownership right or use; oil-tanking non-self-propelled sea/river bunkering vessel (hereinafter – bunkering vessel); specialized vehicle for transporting cylinders with the liquefied hydrocarbon gas, from which retail sale of the liquefied hydrocarbon gas in cylinders is carried out for household needs of the population and other consumers. Retail fuel sale location is considered location of fuel storage if fuel storage is carried out at such location of retail fuel sale.
Right for obtaining license.
1. License for the retail fuel sale is granted subject to:
registration or accounting of the business entity in tax authorities and notification by such business entity of the taxation objects and objects related to taxation through which relevant type of licensed activity will be carried out, according to requirements of Paragraph 63.3 Article 63 of the Tax Code of Ukraine;
completing electronic identification online in the electronic cabinet in compliance with requirements of the Law of Ukraine "On electronic identification and electronic trust services" and the corresponding with the controlling authority through the electronic cabinet according to application accepted by the controlling authority for a wish to receive documents through the electronic cabinet;
2. In case of privatization of state or municipal property, current license for a right to conduct relevant type of economic activity has to be reissued to the business entity that privatized objects of state or municipal property for the validity term of such license, provided that such business entity complies with requirements of the Tax Code of Ukraine and this Law for conducting relevant type of economic activity and that such business entity submits to the licensing authority application for changes to information contained in the Unified Register of Licensees and Places of Fuel Circulation.
The following copies have to be additionally attached to application for license for a right to retail fuel sale:
1) documents confirming the ownership right or right to use land plot, indicating cadastral number of the land plot (in the absence of cadastral number of the land plot in the specified documents, certificate from the State Land Cadastre of such land plot is provided), on which the fuel retail facility is located, valid on the date of submission of application and/or on the date of commissioning of such facility (these documents are not submitted in case of placement of the real estate facility on the port territory, provided that documents confirming right to use the port infrastructure are submitted).
For a bunkerer, copies of documents certifying right of its owner or user to place such a bunkerer in the water area of a reservoir according to legislation of Ukraine (lease/sublease agreement for a berth or berth in the port or other documents certifying right of owner or user of a bunkerer to place it in the water area of the reservoir) are submitted;
2) certificate of acceptance into operation of a completed real estate object, confirming acceptance into operation of a completed real estate object, for all real estate objects located in the retail fuel sle location, necessary for carrying out such activities – for the real estate objects put into operation according to procedure established by the Law from May 1, 2011;
technical passport and/or inventory file, and/or certificate of technical characteristics of the real estate object, confirming functional purpose of the real estate object, issued by technical inventory bureau or by individual-entrepreneur, or a legal entity that employs one or more performers of certain types of work (services) related to the creation of architectural objects, who have passed professional certification and received qualification certificate for a right to perform work on the technical inventory of the real estate objects according to the Law of Ukraine "On architectural activities" – for the real estate objects put into operation according to procedure established by the Law until April 30, 2011 inclusively, located at the retail fuel sale location, necessary for carrying out such activity.
Commissioning confirmation of the real estate objects intended for reception and storage of fuel, right of private ownership to which arose according to procedure established by the Laws of Ukraine "On the privatization of state property" and "On the privatization of small state enterprises (small privatization)", is ownership registration according to procedure established by the Law of Ukraine "On the state registration of property rights to the real estate and their encumbrances".
If documents specified in Paragraphs 1 and 2 of this Part are issued (executed) to a person other than the applicant, the applicant has to additionally submit documents confirming his/her right to use relevant real estate object;
3) certificates of ownership and/or use of the vessel, certificates of seaworthiness of the vessel or classification certificate of the vessel, or vessel inspection report issued according to procedure established by the Law – for the bunker operator;
4) permissions for performing high-risk work and operating (using) high-risk machines, mechanisms, equipment or declarations of compliance of the material and technical base with requirements of labor protection legislation;
5) document(s) certifying the ownership right or right to use specialized vehicles for transporting cylinders with the liquefied hydrocarbon gas, from which retail sale of the liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers will be carried out – for license for the retail fuel sale (liquefied hydrocarbon gas in cylinders for household needs of the population and other consumers) from specialized vehicles for transporting cylinders with te liquefied hydrocarbon gas.
Submitting application for license for the retail fuel sale, copies of documents provided for in Paragraphs 1, 2 and 4 are not be submitted if the applicant is a public sector business entity or business entity owned by a public sector business entity that, together with the application for license for the retail fuel sale, copy of one of such documents is submitted, namely:
document confirming acceptance by the business entity of the real estate object under property management agreement concluded between the business entity – applicant and the National Agency of Ukraine for Asset Recovery and Management Agency, according to procedure provided for in Article 211 of the Law of Ukraine "On the National Agency of Ukraine for Asset Recovery and Management Agency", based on decision of the Cabinet of Ministers of Ukraine;
document confirming acceptance by the business entity of the real estate forcibly alienated or seized from the owner under the martial law according to the Laws of Ukraine "On legal regime of the martial law", "On the transfer, forcible alienation or seizure of property under legal regime of the martial law or state of emergency";
document confirming transfer of the business entity’s shares within framework of procedure for forced alienation or seizure under legal regime of the martial law according to the Laws of Ukraine "On legal regime of the martial law", "On the transfer, forced alienation or seizure of property under legal regime of the martial law or state of emergency". This Clause applies to the real estate objects that, on the day of transfer of the business entity’s shares, were owned by such business entity that had valid license for the retail fuel sale;
document confirming acceptance by the business entity, based on decision of the Cabinet of Ministers of Ukraine, of the real estate seized as a state revenue according to the Law of Ukraine "On sanctions" for management;
document confirming acceptance by the business entity, based on decision of the Cabinet of Ministers of Ukraine, of the real estate owned by the Russian Federation and its residents, forcibly seized according to the Law of Ukraine "On the basic principles of forcible expropriation in Ukraine of the property objects of the Russian Federation and its residents" into economic economic management and/or management.
Copies of documents provided for in Paragraphs 1, 2 and 4 are submitted to the controlling authority by a public sector economic entity or economic entity owned by a public sector economic entity within two years from the date of submission of application for the fuel retail license. In case of termination of the fuel retail license obtained according to procedure established by this Part, in the process of submitting a repeated application for the fuel retail license, the business entity has to submit all documents provided for in this Part.