The principle of tacit consent was established in Ukraine on 30 December 2009. This principle presupposes that the economic entity is authorized to perform economic activity or one of its types without a licensing document, provided the economic entity or its authorized representative had submitted an appeal and the required documents, but the license or a denial in its issue had not been issued or forwarded within a legally fixed term.
Clause 164 of the Code of Ukraine on Administrative Infringements establishes responsibility for the economic activity without a license or other licensing document if its issue is required by the law. However, this Clause fails to take into account the principle of tacit consent, envisaging administrative responsibility for such activity.
Thus, the bill (Reg. No.6339) amends Clause 164 of the Code of Ukraine on Administrative Infringements, specifying formal elements of the infringement for the activity without a license.