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Regarding: The possibility of conducting trading without obtaining the permit to establish a trade location.

Regarding: The possibility of conducting trading without obtaining the permit to establish a trade location. 
Partner:
Anatoly Menshikov
Court:
Commercial Court of Autonomous Republic of Crimea
Date:
March 2008 

Commentary:

The subject court situation is an illustration of the problems that enterprises face obtaining permit documents to establish trade locations.  Specifically the difficulties arise during attempts of obtaining permits and their extensions.  Also, the subject case is a proposal of the solution to these difficulties.

The court analyzed current legislation regarding permit system in the sphere of the commercial activities and concluded that executive committees do not have an authority to grant the permits to establish and accordingly they lacked authority to give permits their installation.  The Court ruled that in connection with part 4, Article 4 of the Law “About permitting system in the sphere of the commercial activity” the organs of the executive power, local government, and their officials who are responsible for granting permitting documents do not have authority to require entities to obtain the permits, because it is not provided by the law.