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About Certified Commodity Warehouses And Simple And Double The Storage Of The Certificate

Original Language Title: Про сертифіковані товарні склади та прості і подвійні складські свідоцтва

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LAW OF UKRAINE

About certified trademarks and simple and double storage certificates.

(Information of the Verkhovna Rada (VR), 2005, No. 6, pp. 136)

{With changes under the Laws
No. 5316-VI of 02.10.2012 , VR, 2013, No. 38, pp. 502
No. 5492-VI of 20.11.2012 , VR, 2013, No. 51, pp. 716
No. 1206-VII of 15.04.2014 , BBR, 2014, No. 24, pp. 885}

This Act governs the legal relationship related to the decoration, the removal, the repayment of simple and double syllables, determines the order of their registration and aims to create legal, economic, organizational conditions of the functioning of these documents. When the goods are stored in stock stores.

The action of this Act does not apply to legal relations arising from real estate facilities, electricity, and legal relations related to the storage of securities, their certificates, bank bilets (banknotes) and coins that are legitimate. Payment of goods; goods, processed rights; goods whose term of storage is not exceeding 90 days, as well as goods which have been prosecuted by the court of the proceedings of the extraction of foreign-illegal possession; Goods transferred to use on loan, lising, or leasing.

Article 1. Term Definition

In this Act, the following terms are used in this way:

The register of simple and double syllables (further-register of compound certificates)-a document containing the information accounting system issued and paid to certified trademarks of simple and double storage certificates and domains of such Certificates of evidence;

A trademark is an organization that stores goods and provides services related to storage, on the basis of business activities;

a certified trademark (further-certified storeroom) is a commodity warehouse that has received a certificate of compliance with storage services, which gives the right to issue simple and double storage certificates to individual groups of goods, specified in the Certificate of compliance with storage services;

The inventory certificates are the goods and documents of the documents on the basis or the name that will make the ownership of the goods stored in the certified part;

The regulation of the certified composition is a document that determines the order of storage, storage and removal of a product. The regulation of the certified composition is being developed in accordance with the current legislation.

Article 2.

The complex evidence of two species is simple complex evidence and double warehouses.

Compound certificates are issued only by certified warehouses that have received a certificate of compliance with the provision of storage services.

Article 3. Simple Warehouse

A simple, complex certificate is issued to the traitor.

In a simple complex evidence, information is noted according to the Civil Code of Ukraine .

If a product is accepted by a product that is defined by the input, the corresponding entry is done in the simple complex certificate.

The document that does not meet the requirements of this article is not a simple complex consciousness.

Article 4. Double Inventory Certificate

The double-syllable certificate consists of two parts-a collection of complex evidence that can be separated from each other.

A double syllable certificate is a noun.

The double syllable is noted for the information according to the Civil Code of Ukraine .

Both parts of the double syllabus must contain all the props predicted by its shape.

If a product is accepted by a product that is defined by the input, then the corresponding entry is done in both parts of the double inventory.

The document that does not meet the requirements of this article is not a double complex consciousness.

Article 5. Forms of Storage

{Part of the first article 5 is excluded based on the Law of the No. 5316-VI of 02.10.2012 }

The shape, order of manufacture and use of forms of complex evidence is set by legislation.

Article 6. Order of the issuance of compound certificates

A simple or double-syllable certificate is issued to the owner of a trademark or authorized by it with a certified composition after taking a deposit of storage.

A compound certificate is issued separately on every kind of commodity, defined by the ancestral or individual signs.

A storage certificate can be issued to each agreement between the owner of a commodity and a certified warehouse.

After filling in mandatory reps, the introduction of a warehouse certificate to register the certified composition and assignment of an ordinal to this register is passed by the owner of the item, which transferred the goods to storage, or authorized the owner of a trademark.

Article 7. Logging Inventory Certificate

The Register of Storage Certificates is a certificate of certified syllables.

The requirements for the register of storage certificates and the order of his conduct are determined by the Office of the Cabinet of Ministers of Ukraine (further-authorized body).

Entries in the register of inventory certificates are conducted on paper and/or electronic information media.

Article 8. Repaying inventory certificates

After the issuance of the goods, the owners of the complex certificates of certified warehouses must pay the return of the certificate to the goods by marking them "Fire".

The repayment of the inventory certificates is not allowed and excluded from the register of storage certificates, which is made by the corresponding entry in the registry. The extinguished inventory certificates are stored by a certified warehouse for a period established by the current legislation for the relevant kind of documents.

Article 9. Certified Storeroom

A certified syllable under this Act has the right to issue inventory certificates solely after receiving a certificate of compliance with the delivery of goods and only to those groups that are specified in the certificate.

Certification and the incarceration of a trademark correspondence certificate of the provision of goods from the storage of goods shall be exercised by an authorized body according to their development.

The certified roster must approve the regulations of its work (certified composition regulations). The regulations of the certified syllable must be available for familiarity in any person and cannot become a commercial secret. The requirements for the content of the certified composition shall be approved by an authorized body with respect to the requirements of the law.

In the case of the deprivation of the certification certificate of the certification authority of the certificate of storage of goods issued earlier, the collected certificates remain valid until the end of the storage unit is accepted. product, and the specified storeroom is required to execute all conditions predicted by the storage contract until the expiration of the appropriate contract.

In the event of liquidation of a certified stock or stock of the certificate that is stripped of the certificate, the transfer of relevant obligations to another certified composition is carried out in the order established by the authorized body.

Article 10. Commodity Storage Contract

Under the contract of storage, a certified storage unit is obliged to pay the goods to be stored by the dependant, and to return the goods to the covert.

The collection of storage is in writing. The written form of the form of storage storage is considered to be a complete form if the acceptance of a commodity on a commodity composition is considered a simple or double-complex consciousness.

The terms of the contract storage contract are determined by the terms of the parties, and the terms of the contract storage of the goods on the certified common use are determined according to the regulations of the certified composition.

The obligations of the parties under the contract of storage are terminated with the repayment of the relevant compound certificates, in addition to the cases prescribed by the law.

Article 11. Inventory Storage Lines

The lines on which the storage product is accepted is determined by the arrangement of the parties and is specified in the inventory of the parties. The rows of such storage, defined in a complex certificate, cannot exceed the lines on which the inventory of inventory is signed.

Article 12. Product storage fee

The fee for the storage of the goods, the lines and the order of its contribution is determined by the contract of storage.

If the possession of a warehouse certificate after completion of a line of storage is not selected, it is required to pay for the entire actual time of its storage in the volumes and order defined by the treaty.

Article 13. Accepting a product on storage

The certified storage is required for its account to inspect the goods accepted for storage, to determine its quantity and external status.

When a product is transferred to storage, its owner is required to file a certified document which certify the quality characteristics of a commodity.

A certified warehouse that has taken on storage is not right to use or dispose of, unless otherwise provided by a storage contract or by law.

The product cannot be stored if:

With the results of independent assessment of qualitative and/or cost characteristics, the goods proved to be worse than those claimed;

A commodity storage needs special conditions that the certified warehouse is unable to provide;

The goods have properties that pose a danger to the environment;

The documents that produce the quality of the goods are absent.

Article 14. A deposit of a commodity made for double-complex consciousness

The goods received at storage by double-complex consciousness may be subject to a deposit during the line of its storage.

The assessment of the commodity, which is the subject of the bail, is carried out in accordance with the law.

The basis of a commodity accepted by double-complex consciousness arises after separation and transfer of a staletive part of the complex certificate (made certificate) from the stacker of the holder since the conclusion of the relevant treaty. Make sure.

When decorating the outpost, the stalemate provides a stalemate of the statement from the register of complex evidence that a double-syllable certificate is valid and has not been lost. The expiration date of the inventory register is three calendar days, during which the certified warehouse terminates the transactions on both goods and certificates.

The holder must for three working days to inform the certified roster, which issued a double inventory certificate, about the adoption of a commodity on bail. During the string, the restitution of rights for the lost double complex consciousness is predicted. Article 24 This Law is prohibited.

The bail lines cannot exceed the product storage rows.

Article 15. Merchandising insurance

The certified warehouse must suffer the goods received on storage, from risk of loss, deaths, shortages or damage in the order set. Law of Ukraine "On insurance" If the other is not provided by a storage contract.

If the contract does not provide a trademark insurance, a syllable is made with the inscription "No insurance".

Article 16. The return of a commodity to the request of the possession of a storage certificate

The certified storeroom is required to return the product to the first requirement of a warehouse certificate, even if its storage is not finished, given the terms and subsequent transfer of the certified composition to extinguish the simple inventory. A certificate or both part of a double-syllable certificate. In the inventory register, there is a record of being repaid.

Article 17. Issuance of a commodity on which the charge is removed

The product can be issued from a court decision or in order of forced lesion only by double-syllable evidence according to the Law of Ukraine "On executive proceedings" In this product, a double-syllable certificate is extinguished and in the register of complex evidence, a record of its repayment is made.

If the charge refers to a portion of the goods stored on a certified double-syllable certificate, that part of the goods that does not address the charge, the certified warehouse is required to issue a new storage certificate and Remove from circulation previously issued is a warehouse certificate, in which there is a relevant record in the register about such repayment and the issuance of a new certificate of evidence.

In a simple, complex consciousness, the charge is not on the goods, but the certificate itself. In order to obtain a trademark, all necessary documents are provided that confirm the appeal of a simple warehouse certificate. A legal or physical person who has benefited from a charge is considered to be the possession of a simple syllabary, and the issuance of the goods is carried out in accordance with Article 18 of this Act.

When issuing a product that is stored in a simple inventory, the side that requires it must return the certified warehouse previously issued to a simple warehouse certificate.

Following a request for a simple syllable certificate, a new possession of evidence, which benefits from a charge, is required to obtain a product from a certified composition or to make an exchange for a new simple or double inventory certificate. The completion of a simple piece of evidence on which a lesion was made.

Article 18. Issuance of a certified stock

The possession of a warehouse certificate is subject to a certificate of certificate of certificate of issuance of a product.

Before issuing a trademark in exchange for a warehouse certificate, the certified syllable is obliged to verify whether this is a complex certificate of forgery, to test the presence of a forerunner of complex evidence on the possession of this certificate and the right to obtain it. A commodity, after which the certified stock will repay this certificate, which is the appropriate entry in the register of complex certificates.

If the state of a storage certificate does not allow it to be identified or verified whether a simple or double inventory certificate is forged, the certified syllable has the right to deny the issuance of the goods which the inventory of the certificate is presented. is given a written answer.

A certified syllable has the right to refuse the intended basis of the inventory certificate in the issuance of a commodity, also in case such an operation does not meet the law or the goods are made, or other stipulated by law of limitations.

In the case of a failure in the issuance of the goods, the certified syllable is obliged to return the inventory of the certificate to the warehouse, except when the certificate proved counterfeit.

When issuing a trademark with a certified warehouse, the inventory of certificates is required to pay all payments related to the storage of the goods.

The holder of a simple or double syllable certificate has the right to receive only a portion of the product. With this product, which continues to be stored on a certified commodity, the warehouse is required to issue a new inventory certificate after repayment previously issued.

The possession of a storage certificate or a certified warehouse with the issuance of a commodity has the right to require review and inspection of the goods and/or conduct of independent commodity expertise. The costs associated with the review and inspection will reimburse the party that requires it.

If the return of a commodity was not reviewed or verified by a certified syllable, along with the possession of a compound certificate, the possession of a complex certificate has the right to declare a shortage or damage to the commodity in writing at the same time. With regard to the lack of damage and damage that could not be found in the conventional way of the adoption of the goods, within three days of its acquisition. In the absence of such a statement the possession of a warehouse certificate is said to have returned the goods according to the terms of the contract.

If a product has expired, within 90 calendar days a person who has the right of ownership to this item is eligible for a court decision to sell the goods in competitive terms. Following the implementation of the commodity and reimbursement of the approved expenses of the certified stock of the remaining proceeds of the sale of money to the money, the certified stock is transferred to the ancestor of the warehouse certificate.

In the case of the absence of a forernial certificate, the certified certified stock lists the funds received from the goods sold at the bank deposit to the point of ripping it to the person who had the ownership of the goods. If, during a line that was predicted by the law to extract monetary compensation for sold the goods, the certificate of certificates was not addressed to the certified stock, the money would be transferred to the certified warehouse.

The certified storeroom is required to inform the owner of the double storage certificate or the person with which the appropriate storage agreement was signed, the need to pick up the goods from storage for five calendar days after the end of the storage string specified in the inventory.

Article 19. Certificate Authority

The certified roster is required to take all activities provided by the Act, other regulations or regulations on the storage of the goods transferred to it for storage.

The certified storage is required to return the possession of a storage certificate in a state that is predicted by the inventory of storage.

Article 20. Responsibilities of the Possession of the Warehouse

The possession of a warehouse certificate is required to take the goods from the certified composition after the end of its storage and to pay the certified storage of the cost of storage services according to the inventory contract.

Article 21. Entitlement of a simple complex certificate

The possession of a simple warehouse certificate has the right to dispose of the goods accepted for possession by this certificate. The transfer of rights set by a simple syllable certificate is carried out by its transfer to another holder based on a simple inventory of evidence transmitted according to the report. Article 25 of this Act.

The possession of a simple syllable certificate can transmit it to the outpost. In doing so, a simple certificate of evidence is removed from the holder and is in possession of a holder.

In case the possession of a simple warehouse certificate intends to transfer the goods to the outpost, a simple warehouse certificate must be extinguished, and instead the certified syllable produces a double inventory certificate and make appropriate changes to the registry. A lot of evidence.

With the need to redesign a simple inventory certificate, as well as in other stipulated cases, the possession of a simple complex certificate has the right to appeal to a certified syllable.

Article 22. The rights of the double-storage certificate

The owners of both parts of the double storage certificate have the right to dispose of the goods stored in the certified part.

The holder of the forced part of the double storage certificate (the bail certificate) has only the right to bail on the goods.

The possession of a complex part of a double-fold certificate, separated from a forced storage certificate, has no right to dispose of this consciousness without the consent of the stalemate (the possession of the certificate holder). The possession of a complex portion of the double storage certificate, separated from the forced certificate, does not have the right to request the issuance of a commodity or its part from the certified composition prior to the termination of the obligation provided by the forced consciousness.

The holder of the bail certificate other than the rights prescribed by other laws is entitled to require the certified conservation of the goods specified in the bail certificate, which is provided by the obligations of the dependant.

With the need to redesign the dual inventory certificate, the loss, as well as in other stipulated cases, the possession of a double-syllable certificate has the right to address a certified syllable.

Article 23. Order of exercise of rights for forced consciousness

After the completion of a line of execution, which is provided by the task provided in the certificate of certificate, the possession of the certificate may be addressed to the person who has the obligation to fulfill its obligations.

In the case of execution of the stalemate of his obligations, the possession of the forced certificate must return this to the forced evidence of the stalemate.

In the case of non-execution of a stalemonary obligation to the holder provided for the forced consciousness, the charge holder ' s actions (possession of the forced certificate) are regulated according to Law of Ukraine "On bail" .

Article 24. Exercising the restoration of rights for lost double complex consciousness and replacement of damaged storage certificates

In the event of a double-syllable loss, his possession is required to immediately request a written statement of the certified composition. The certified storeroom makes the corresponding entry in the register of complex certificates about the loss of double storage certificates.

A Dublin-based double-syllable certificate is not issued.

The restoration of rights for lost double-syllable evidence takes place on the basis of the court ' s decision. A certified warehouse can return the goods or issue a simple warehouse certificate instead of the lost double no earlier than three working days from the day of the court's decision.

With the loss of a simple inventory of evidence, his recovery and restoration of the rights of the Cossacks is not carried out.

In case of damage to the form of issued simple or double syllabus, if this damage does not prevent the identification of evidence, and checks whether it is forged, the certified storage has the right to account of the person requiring it. replace, issue a new inventory certificate with the same mandatory requisition. In this case, the damaged form is removed from circulation and extinguished what the record is being recorded in the register of complex evidence. A double syllable certificate can only be replaced with both parts at the same time.

A simple syllable certificate can only be replaced in the absence of transferable inscriptions. If transferable inscriptions are made on the simple syllable, and the condition of the certificate form does not allow it to be further circulation, the possession of such a simple certificate may only refer to the certified composition for the purpose of receiving a product listed in the certificate. A certificate of evidence.

The destruction of the replaced in the order of the forms of complex evidence takes place in the prescribed order.

Article 25. Transmitting the inscription of a simple complex certificate

The rights for simple complex consciousness are transmitted by means of a transferable inscription which sends the rights of the rights to another person.

The transmission inscription is carried out on the reverse of the certificate or attached sheet, which is an integral part of the corresponding certificate.

The transmission label transfers all rights, stemming from a simple complex evidence.

The transmission shall be unconditional. Any restrictive condition is considered invalid.

The partial transmission of the inscription is considered invalid.

The transmitted inscription cannot be "on a traitor".

The transmission inscription on a simple syllable certificate contains:

full of naming and requisition of a legal person or surname, name, by parent of a physical person who transfers the rights for complex consciousness as well as the location of the legal person or residence of physical person, number, series, date of issuance and The naming of the body issued by the citizen of Ukraine or the passport document of a foreigner;

{Paragraph 2 of the second part of the seventh article 25 of the changes under the Act No. 5492-VI of 20.11.2012 }

full of naming and requisition of a legal person or surname, name, by parent of a physical person, of which or by the location of which the rights of a complex consciousness, as well as the location of the legal person, or the place of residence of the physical person, number, a series, date of issuing and naming of the body issued by the citizen of Ukraine or passport document to a foreigner;

{Paragraph third of seventh article 25 of the changes made under the Act No. 5492-VI of 20.11.2012 }

The signature of the person who passes the right behind the inventory certificate;

{Paragraph Fourth of seventh article 25 of the changes made under the Act No. 1206-VII of 15.04.2014 }

The signature of the person who is either responsible for the rights of the complex evidence;

{Paragraph 5 of the fifth part of the seventh article 25 of the changes under the Act No. 1206-VII of 15.04.2014 }

the date of the transferable writing.

The holder of a simple warehouse certificate is considered to be his legal holder, if his right to a warehouse certificate is based on a continuous number of transmitters. The selected transferable inscriptions are considered to be unwritten.

A transmitting inscription, made by a person who, or whose orders are passed to the rights of a complex certificate with the violation of the requirements of this article, is considered to be invalid.

A transmitting inscription, made by a physical person, must be notarized.

The transmission inscription must be nothing but conditioned, and any information contained in it and restricts the transfer of rights to a simple complex consciousness is considered invalid.

The transfer label, which involves the transfer of the right to obtain a portion of the goods specified in the inventory certificate, or the transfer of the right to obtain part of the debt for a simple inventory, is considered invalid.

It is not permitted to include reservations, additions, corrections. When doing another transferable writing, it is not allowed to make reservations, additions, fixes in previous transmissions or a simple collection of evidence. In the event of a violation of a person or whose orders are passed on a simple syllable certificate, the requirements of this transferable inscription and subsequent transmissions are considered invalid.

Article 26. The implementation of the collateral commodity

The implementation of the forced commodity on which the charge is levied is done in the order predicted. The Law of Ukraine "On bail" .

Article 27. Certified Certified

For loss (lack of availability) or damage to the goods accepted for storage, the certified storeroom is responsible for the law and the treaty.

If the purchase row is finished with a contract approved by the contract, the goods are not owned by the owner, the certified storage is responsible for the loss (not shortage) or the damage to the goods in the presence of its intentional or brute inactivity.

In case of damage caused by the owner loss or damage to the commodity, the certified storage is responsible:

for the loss (shortfall) of the commodity-in the amount of its value;

The amount of damage to the commodity is the amount of value that its value has declined. The amount of compensation is determined by the agreement of the parties or in the judicial order.

If a result of the damage to the goods its quality has changed so that it cannot be used in the original appointment, the owner has the right to refuse it and require a certified stock of reimbursement to the value of the commodity.

Article 28. Reimbursement of damage done to certified

The owner of the goods is required to reimburse the certified composition of the damage caused by the properties of this commodity if the certified warehouse, taking the product to storage, did not know and could not know about these properties.

The damage is also repulsed by the certified stock owner in case it did not deliver the product to storage in the specified line contract.

Article 29. Final Position

1. This Act will take effect three months from the day of its publication.

2. The Cabinet of Ministers of Ukraine on the day of publication of this Act:

In lunar lines, determine the authorized body that will make the certification of the commodity warehouses;

in a two-month row, submit proposals to the Verkhovna Rada of Ukraine's proposal to bring legislation into compliance with the Act; to ensure the development and approval of the regulations provided by the Act, the review by the The authorities and the enacons are in line with the Act of their acts.

3. Prior to the introduction of legislation in compliance with this Act and other legal acts are applicable in part that does not contradict the Act.

President of Ukraine

(...) (...)

Um ... Kiev,
2004-12-23
No. 2286-IV