International transportation is the transportation of passengers and goods by road with the crossing of the state border. That is, they are associated with the relevant customs procedures, which have their own peculiarities.This type of activity is subject to licensing. How could a license for international transportation be get?
General provisions of licensing are established by the Law of Ukraine “On licensing of economic activities” of 02.03.2015, № 222-VIII (hereinafter − Law № 222). The list of activities, which are the subject to licensing, includes carriage of passengers, dangerous goods and waste by river and sea, road, rail and air transport, international transportation of passengers and goods by road (sub-para.24 of sec.1 of Art.7 of the Law № 222).
According to sec. 3 of Art.2 of Law № 222, a business entity can carry out such transportation after entering information into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (hereinafter – USR) of solutions of the Licensing Authority (State Service of Ukraine for Transport Safety) to grant him/her a license.
The licensing authority is the State Service of Ukraine for Transport Safety (hereinafter − Ukrtransbezpeka). At the same time, territorial agencies of Ukrtransbezpeka do not carry out the licensing.
The documents can be submitted on the choice of the license recipient (it is about a business entity that submitted an application for licensing with the supporting documents to the licensing authority):
- on purpose;
- mail with the enclosure list;
- electronically via the portal of electronic services of legal entities, individuals - entrepreneurs and public groups.
In order to obtain a license, it should be submitted an application containing information about:
- the license recipient. For the legal entity − full name, location, identification code; for an individual entrepreneur - the last name, first name, patronymic (if any), information on the place of residence, registration number of the taxpayer’s registration card, etc.;
- the form of economic activity (in full or in part) for the implementation of which the licensee intends to obtain a license.
The following should be attached to the application:
- documents in accordance with licensing requirements (the list of documents established by the license terms is exceptional);
- a copy of the passport of the head of the licensee (or trustee) with the stamp of the SFS authority on the notification of refusal on his/her religious beliefs from the registration number of the taxpayer’s registration card (it should be submitted only by the individuals entrepreneurs, which refuse to accept the registration number for their religious beliefs);
- a description of documents submitted for obtaining a license − in duplicate (sec. 3 of Art.1 of Law № 222).
Ukrtransbezpeka within three working days from the date of receipt of the application for obtaining a license establishes the presence or absence of grounds for leaving it without consideration.
The application for a license is left without consideration on such grounds:
- documents are not submitted in full;
- an application or at least one of the documents is signed by a person who does not have the authority to do so; issued in violation of the requirements of Law № 222, prepared not in accordance with the established form or does not contain data that are necessarily entered in such documents in accordance with Law № 222;
- an application was submitted in violation of the terms provided by the Law № 222;
- there is no information about the recipient of the license (enterprise) in the Unified State Register or there is information about the state registration of its liquidation.
The decision to issue a license should be taken within 10 working days from the receipt by the Ukrtransbezpeka of the application for a license. But the right to carry out the licensed type of economic activity arises from the moment of the decision of this body to issue a license in the USR.
The most important fact is that the license is to be issued for an unlimited period (sec. 12, Art.13 of Law № 222).
