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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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/2286-15

The LAW of Ukraine "on certified product warehouses and simple and double storage certificate (Supreme Council (BD), 2005, № 6, article 136) {amended in accordance with the laws of # 5316-VI from 02.10.2012, VVR, 2013, no. 38, item 502 # 5492-VI from 20.11.2012, VVR, 2013, no. 51, item 716 # 1206-VII from 15.04.2014, VVR, 2014, no. 24, item 885} this law regulates legal relations related to design , issuance, repayment of simple and double storage certificates, determines the order of their registration and aimed at creating legal, economic and organizational conditions of functioning of these documents during storage of the goods at the trade.

The action of this law does not apply to legal relations arising with respect to real estate, electricity, as well as the legal relationship related to the storage of securities certificates, Bank tickets (notes) and coins, which are legal tender; animals; goods, encumbered with rights of pledge; goods whose expiration date from the day of acceptance deposited does not exceed 90 days, as well as goods for which instituted court proceedings about the reclamation of unlawful possession; goods transferred for use under the terms of the rental, leasing, or rental.

Article 1. Definitions of terms in this law the following terms are used in the following meaning: directory of simple and double storage certificates (hereinafter-directory storage of certificates)-a document that contains the accounting system information on issued and redeemed by the commodity composition of simple and double the storage of the certificate and the volodìl′cìv of such certificates;

Merchandise Warehouse-the organization that stores the goods and provides services related to the storage, based on the principles of entrepreneurial activity;

certified merchandise warehouse (hereinafter-certified warehouse)-freight warehouse that received the certificate of compliance with the provision of services of storage, which gives the right to issue simple and double the storage certificates to individual groups of goods specified in the certificate of conformity provision of storage services;

warehouse certificate-tovarorozporâdčì warehouse documents of bearer or registered, that certify the ownership of the product, that is stored on a certified warehouse;

Regulation certified warehouse document that determines the order of acceptance for storage, storage and issue of the storage of the goods. Regulation certified part is developed in accordance with the applicable legislation.

Article 2. Warehouse Certificate Storage certificates come in two types-simple storage certificates and double the storage of the certificate.

Warehouse certificates are issued only to certified warehouses that received the certificate of conformity provision of storage services.

Article 3. Simple storage certificate Simple commercial certificate is issued to the bearer.

In a simple warehouse certificate shall include the information in accordance with the Civil Code of Ukraine.

If the storage is adopted, which defined gendered signs, then a simple warehouse, who has done an entry.

A document that does not meet the requirements of this article, is not a simple supplier storage certificate.

Article 4. Double commercial certificate Double storage certificate consists of two parts-warehouse of the certificate and of the certificate, which can be separated from one another.

Double commercial certificate is registered.

In the double-a warehouse certificate shall include the information in accordance with the Civil Code of Ukraine.

Both parts of the dual warehouse certificate must contain all of the details, provided by its form.

If the storage is adopted, which defined gendered signs, in both parts of the dual warehouse certificates is done to an entry.

A document that does not meet the requirements of this article are not double supplier storage certificate.

Article 5. Forms of warehouse certificates {the first part of article 5 on the basis of the law number 5316-VI from 02.10.2012} Form, order the manufacture and use of stationery warehouse certificates are established by law.

Article 6. The procedure for the issuance of warehouse certificates simple or double storage certificate issued to the owner of the goods or an authorized him to face a lineup after taking the product to the store.

Commercial certificate is issued for each type of goods, certain gendered or individual features.

Commercial certificate may be issued on an agreed between the owner of the goods and a certified warehouse quantity.

After filling in the required details, entering the warehouse certificate to the registry of certified warehouse and the assignment of a serial number in this register of completed application form is sent to the owner of the goods, who handed over the goods to the store, or authorized by the owner of the goods.

Article 7. Maintaining a register of warehouse certificates Directory storage of certificates leading certified warehouses.

Registry requirements for storage of certificates and the procedure for its maintenance shall be determined by the authorized body of the Cabinet of Ministers (hereinafter the authority).

Entries in the register of warehouse certificates are maintained on paper and/or electronic media.

Article 8. Repayment of warehouse certificates After issuing the product volodìl′câm of warehouse certificates certified warehouses must repay the returned certificate product by mark them "Repaid".
Redeemed the storage certificate to circulation are not allowed and are excluded from the register of warehouse certificates, about what is being done to an entry in the registry. Redeemed warehouse certificates stored certified composition during the term established by the legislation for the relevant type of documents.

Article 9. Certified warehouse Certified warehouse in accordance with this law shall have the right to issue warehouse certificate only after obtaining a certificate of compliance with the provision of services of storage of the goods, and only those groups of products that are specified in the certificate.

Certification and getting rid of the certificate of conformity provision of services of storage of the goods made by the authorized body in accordance with developed it.

Certified warehouse must approve regulations of their work (regulation certified). Regulation certified warehouse must be available for any persons and may not be a commercial secret. Requirements to the content of the regulation certified warehouse approved by authorized body taking into account the requirements of the law.

In the case of deprivation in accordance with the legislation of the certified warehouse certificate of conformity provision of services of storage of the goods issued before storage of the certificate remains valid until the end of the shelf, which accepted the goods and the specified structure must fulfil all the conditions stipulated by the contract, up to the expiration of the respective agreement.

In the case of liquidation of the composition or certified, deprived of the certificate, transfer the relevant obligations to another certified part is carried out in the manner established by the competent authority.

Article 10. Contract warehousing of the goods under the warehousing certified warehouse fee shall store the goods passed him poklažodavcem, and return this product in safety.

Contract warehousing shall be concluded in writing. The written form of the contract warehousing is considered dotrimanoû if acceptance of the goods at the trade composition of the posvìdčene simple or double supplier storage certificate.

Terms of the contract warehousing are determined by agreement of the parties, and the terms of the contract warehousing goods certified part of common usage are defined according to the rules of the certified staff.

Obligations of the parties under the contract warehousing terminated with repayment of the corresponding storage certificates, except in cases provided by law.

Article 11. The term of storage of the goods at that time, accepted the goods in storage is determined by agreement of the parties and indicated in his warehouse. The term of such storage in a warehouse certificate, may not exceed the term for which the contract of storage.

Article 12. The fee for the storage of the goods the fee for the storage of goods, the conditions and the procedure for its application are determined by the contract of storage.

If the owner of the warehouse certificate after the expiry of the contract warehousing does not took the product, he is obliged to make a charge for the actual time of his storage volumes and the order defined by the contract.

Article 13. Acceptance of goods storage Certified warehouse shall at his own expense to inspect goods received for storage, to determine its amount and external condition.

When sending goods to keep its owner must submit certified structure documents, which certify the quality characteristics of the goods.

Certified personnel, who took on the storage of the goods, no right to use or dispose of it, unless otherwise stipulated in the contract of storage or the law.

The goods cannot be accepted for storage if: the results of independent evaluation of the quality and/or interesting characteristics of goods turned out to be worse from those claimed;

storage product requires special conditions which are not certified are able to provide;

the product has properties that constitute a danger to the environment;

documents that certify the quality characteristics of the goods.

Article 14. Pledge of goods accepted for storage at double supplier storage certificate, accepted for storage at double supplier storage certificate, may be subject to a mortgage over the term of its storage.

Evaluation of the goods which are the subject of the pledge, is carried out according to law.

Pledge of goods accepted for storage at double supplier storage certificate, occurs after separation and transfer of part of warehouse certificates (of testimony) the Pledger zastavoderžatelû from the moment of conclusion of respective contract lien.

When you pledge the mortgagor gives zastavoderžatelû an extract from the register of warehouse certificates that double storage certificate is valid and not was taking me. The term of the extract from the register of warehouse certificates is three calendar days, during which the certified warehouse ceases operations on specified in it goods and certificates.

Mortgagee must within three days in writing inform the certified staff, which issued the double commercial certificate, acceptance of goods in pledge. During the term of the pledge of goods for restoration of rights lost double supplier storage certificate, prescribed by article 24 of this law, is prohibited.
The term deposit shall not exceed the term of storage of the goods.

Article 15. Insurance of goods, adopted on a certified warehouse must insure the goods passed to the store, from the risks of loss, destruction, shortages or damage in accordance with the law of Ukraine "on insurance", unless otherwise stipulated in the contract of storage.

If the contract does not provide for insurance of the goods in the warehouse, who has done the inscription "no insurance".

Article 16. The return of the goods at the request of the owner of the warehouse certificate Certified warehouse obliged to return the goods to the first demand of the owner of the warehouse certificate, even if the term of its storage is not ended upon presentation and the subsequent transfer of the certified warehouse for the purpose of repayment of a simple warehouse certificate or both parts of the dual warehouse certificate. Registry storage of certificates is done recording on their maturity.

Article 17. Delivery of the goods, for which the levied product can be issued from the Court's decision or order the forced recovery of only double supplier storage certificate according to the law of Ukraine "on enforcement proceedings". In this case issued by this product dual commercial certificate is retired and in the registry of warehouse certificates is made a record of his maturity.

If the charging contacts on the part of goods stored in a certified warehouse at double supplier storage certificate, that part of the goods, which is not drawn penalties, certified ingredients must issue a new commercial certificate and remove from circulation the previously issued stock certificate, the registry storage certificates is done to an entry about the redemption and issue a new certificate of stock control.

A simple supplier storage certificate of recovery drawn not on the product and on the certificate. For receiving the goods certified warehouse provides all the necessary documents, which confirm the foreclosure on a simple commercial certificate. Legal or natural person, in favour of which was levied by the owner is considered to be a simple warehouse certificates, and issuance of the goods is carried out in accordance with article 18 of this law.

In the issuance of a product that is a simple supplier storage certificate, to the party who required, shall return the certified composition previously issued a simple commercial certificate.

After foreclosing on a simple commercial certificate, the new owner of the certificate, in favor of which was levied, must receive the product from certified warehouse or Exchange for a new simple or double storage certificate by redeeming a simple warehouse certificate, on which it was drawn.

Article 18. Withdrawal of the goods from certified warehouse crane's warehouse certificate shall produce a certified warehouse certificate with a written demand for extradition.

Before the issuance of a product in Exchange for a commercial certificate certified ingredients must check whether or not there is a commercial certificate fraud, check the rights bearer warehouse certificate for possession of this certificate and the right to receive the goods, then certified warehouse covered by this certificate, about what is being done to an entry in the register of warehouse certificates.

If the status of the stationery warehouse certificate does not allow him to identify or verify is not a simple or double storage certificate fraud, certified warehouse has the right to refuse to issue the goods, redeemable for warehouse certificate provided a written response.

Certified warehouse has the right in writing to refuse to issue a certificate redeemable for goods storage also in case if such an operation is not responding or the product is zastavlenim, or act other statutory restrictions.

In case of refusal of the goods together with a written denial certified ingredients must return the storage certificate is redeemable for it, except in the case where the certificate turned out to be a fraud.

When issuing the product certified warehouse crane's warehouse certificate shall pay all fees associated with the storage of the goods.

Crane's simple or dual warehouse certificate has the right to receive only part of the goods. With this product, which continues to reside on the certified product composition, ingredients must issue a new commercial certificate following the repayment of previously issued.

Crane's warehouse certificate or certified warehouse in the issuance of goods has the right to request a review and verification of goods and/or due diligence. The costs associated with the review and verification, reimburse the party who required.

If you return the goods he was not inspected or tested by a certified composition together with the owner of the warehouse certificate, crane's warehouse certificate has the right to declare the lack or damage of the goods in writing simultaneously with his receiving, and about the lack of and the damage that could not be detected by conventional method of acceptance of the goods, within three days after its receipt. In the absence of such a statement owner warehouse certificate is considered a certified warehouse turned goods according to the terms of the contract.
If the goods, the period of storage which ended within 90 calendar days is not for the person who has ownership of this product certified by the composition of the Court has the right to sell the goods on competitive conditions. After the implementation of the goods and compensation approved by the court costs of the certified part left part of the money from the sale of car disassembly 3D certified product composition conveys the holder a warehouse certificate.

In the absence of bearer of the warehouse certificate certified warehouse lists the funds received for the sold goods on deposit in the Bank until the reclamation of their face, which had ownership of this product. If during the term provided by law for claiming monetary compensation for the sold goods, certified warehouse not crane's warehouse certificate, the money will go into certified property.

Certified warehouse is obliged to notify the owner of a double warehouse certificate or identity, which was concluded a corresponding contract warehousing, about need to pick up the product from the store within five calendar days after the end of the period of storage in the warehouse certificate.

Article 19. Responsibilities of certified warehouse Certified composition shall take all the measures stipulated by this law, other legislative acts, or contract for the storage of goods, transferred him to the store.

Certified warehouse obliged to return the goods to the warehouse volodìl′cû the certificate provided by the contract of storage.

Article 20. Obligations of the holder of the certificate of the warehouse Owner warehouse certificate is obliged to pick up the product from certified warehouse after its storage and pay for certified warehouse storage services costs in accordance with contract warehousing.

Article 21. Rights of the holder of a simple warehouse certificate Owner simple warehouse certificate has the right to dispose of the goods taken into storage by this testimony. Transfer of rights established by a simple supplier storage certificate, by its transfer to another holder for made on a simple warehouse, who has a ratio of labeled in accordance with article 25 of this law.

Owner of a simple warehouse certificates can convey his pledge. This is a simple commercial certificate is removed in poklažodavcâ and is in the possession of the mortgagee.

If the owner of a simple warehouse certificate intends to convey goods as collateral, simple storage certificate must be repaid, and certified ingredients produces a dual commercial certificate and makes the appropriate changes in the registry of warehouse certificates.

By re-registering the simple handling of the certificate, and also in other cases stipulated by this law, owner of a simple warehouse certificate has the right to appeal to the certified members.

Article 22. The rights holder dual warehouse certificate Owner of both parts of the dual warehouse certificate has the right to dispose of the goods stored in a certified warehouse.

Owner of the parts of a double warehouse certificates (of testimony) has only a lien on the goods.

Owner of warehouse parts dual warehouse certificate, secluded from the mortgage warehouse certificate, has no right to dispose of this certificate without the consent of the mortgagee (owner of the certificate). Owner of warehouse parts dual warehouse certificate, secluded from the security certificate does not have the right to require the issuance of a product or part of a certified part of the termination of the obligation secured by the collateral evidence.

Owner of the certificate in addition to the rights stipulated in other laws, has the right to require certified part of the preservation of the goods specified in the mortgaging where commitment is provided by poklažodavcâ.

If necessary, reissue the dual warehouse certificate, its loss, as well as in other cases stipulated by this law, owner of a double warehouse certificate has the right to appeal to the certified members.

Article 23. The procedure for the exercise of the rights of the collateral Certificate After the onset of the period of performance of the obligation secured by the pledge specified in mortgaging his owner of the certificate may apply to the person who has before him the commitment with the requirement on the implementation of its obligations.

When you zastavodavcem mortgage obligations certificate owner must return this mortgage certificate zastavodavcû.

In the event of failure zastavodavcem zastavoderžatelem obligations secured by collateral evidence, action of the mortgagee (owner of certificate) shall be governed by the law of Ukraine "on pledge".

Article 24. The implementation of restoration of rights for lost double supplier storage certificate and replace the damaged warehouse certificates in case of loss of a double warehouse certificate by his owner is obliged to immediately contact with the written statement to certified. Certified warehouse makes an entry in the register of warehouse certificates on the loss of dual warehouse certificate.

A duplicate of the lost double commercial certificate is not issued.
Restoration of rights for lost double supplier storage certificate takes place on the basis of a court decision. Certified ingredients can return the goods or issue a simple stock certificate instead lost the double no earlier than three business days from the date of receipt of the decision of the Court.

With the loss of a simple warehouse certificate recovery and restoring the rights of poklažodavcâ.

In the case of damage to a form issued by simple or double warehouse certificate if this damage does not prevent identification of the certificate, and also check whether or not it is a fraud, a certified warehouse has the right at the expense of the person, which requires its replacement, to issue a new commercial certificate with the same binding details. When this corrupted form is removed from circulation and is retired, that entry in the registry of warehouse certificates. In the double-a warehouse certificate can be replaced with only two parts simultaneously.

Simple stock certificate may be replaced only in the absence of rules. If a simple warehouse certificate made by transmitting titles and status Blanca certificate does not allow his further circulation of the owner of such a simple certificate can only apply to certified warehouse in order to obtain the goods specified in the certificate.

Destruction of replaced in the specified order form storage certificates takes place in accordance with the legislation.

Article 25. Transmitting inscription simple warehouse of certificate Rights for a simple supplier storage certificate is transferred by delivering to them the gear box which identifies rights behind them to another person.

The surge carried the inscription on the reverse side of the certificate or on the attached sheet to it, which is an integral part of the corresponding certificate.

Transmitting the label carries all rights arising from the simple handling of the certificate.

Transmitting the text box should be clear. Any restrictive condition it is considered invalid.

The partial surge inscription is considered invalid.

Transmitting text box cannot be blank and "bearer".

Transmitting on a simple warehouse certificate contains: full name and details of the legal person or the surname, name, patronymic of the physical person who conveys the rights for supplier storage certificate, as well as the location of the legal person or the place of residence of the individual, number, series, date of issue and the name of the authority that issued the passport of the citizen of Ukraine or the passport of the alien;

{The second paragraph of part of the seventh article 25 amended by law No. 5492-VI from 20.11.2012} full name and details of the legal person or the surname, name, patronymic of the physical person or in which the transferred rights under supplier storage certificate, as well as the location of the legal person or the place of residence of the individual, number, series, date of issue and the name of the authority that issued the passport of the citizen of Ukraine or the passport of the alien;

{The paragraph of the third part of the seventh article 25 amended by law No. 5492-VI from 20.11.2012} the signature of the person who transfers the right supplier storage certificate;

{The seventh paragraph four of article 25, as amended by the law No. 1206-VII of 15.04.2014} the signature of the person or authority which passed right by supplier storage certificate;

{Paragraph five parts of the seventh article 25 amended by law No. 1206-VII from 15.04.2014} date gear box.

Owner of a simple warehouse certificate is considered his rightful holder if it is right for a commercial certificate is based on a continuous series of inscriptions. A line transmitting the inscriptions are considered in this nenapisanimi.

Transmitting an inscription made by person or in which the transferred rights under supplier storage certificate in violation of the requirements of this article, shall be deemed null and void.

Transmitting an inscription made by a natural person, must be notarized.

Transmitting the inscription should be is not due, and any information contained in it and restricts the transfer of the rights of a mere supplier storage certificate is considered invalid.

Transmitting the inscription, which involves transfer of a right on the part of the goods in the warehouse certificate, or transfer the right to receive part of the debt for a simple supplier storage certificate is considered invalid.

Not allowed into surge inscription reservations, amendments, changes. In the implementation of the next gear box is not allowed to make reservations, amendments, changes in the previous transfer lettering or simple stock certificate. In the case of the person or authority which transferred the rights for a simple supplier storage certificate specified requirements this surge inscription and the following transmitting inscriptions are considered null and void.

Article 26. Realization pawn goods Realization pawn goods for which levied, is carried out in the manner prescribed by the law of Ukraine "on pledge".

Article 27. Responsibility of the certified structure for the loss of (lack of) or damage of goods, adopted on a certified warehouse is responsible according to the law and the agreement.

If at the end of the period of storage of the goods under the contract, the goods are not taken by the owner, certified warehouse is liable for the loss of (lack of) or damage of the goods only in the presence of his intent or gross negligence.
In the case of damages caused to the owner the loss (shortage) or damage to the goods, certified warehouse responsible: for the loss of (lack of) goods in the amount of its value;

for damage to goods-in amount, which decreases its value. The amount of compensation is determined by agreement of the parties or the Court.

If as a result of damage to the product its quality has changed so much that it can not be used for the original purpose, the owner has the right to refuse it and request the sertifìkatnogo part of the reimbursement of the cost of this product.

Article 28. Damages caused to the owner of the certified product composition is obliged to indemnify certified part of damage caused by the properties of this product, if certified, taking the product to the store, did not know and could not know about these properties.

The losses also compensated certified part owner of the goods, if he has not delivered the goods in a specified contract period.

Article 29. Final provisions 1. This law shall enter into force three months after its publication.

2. the Cabinet of Ministers of Ukraine on the day of publication of this law: in a month to determine the authority which will exercise the certification warehouses;

in the two-month deadline to submit to the Parliament proposals on bringing the legislation into conformity with this Act; ensure the development and approval of the regulations stipulated by this law, Executive power and the bringing into conformity with this Act of their acts.

3. Before bringing the legislation into conformity with this law, the laws and other normative-legal acts applied in the part that does not contradict this law.

The President of Ukraine l. Kuchma Kiev, December 23, 2004 No. 2286-IV