Helped a client to open another psychotropic drugs laboratory
In October 2015, our company was a Client, who already had a license to work with precursors and narcotic substances, and then was about to set up another laboratory. The Client was sure that they needed a copy of the license, because until recently, if a business entity set up new structural units or places of activity, then copies of the license were issued for them.
But according to the new revision of the Law of Ukraine "On licensing of types of economic activity" (hereinafter - the Law "On Licensing ...") copies of licenses are no longer issued. To be more correct, such a concept is not provided for in the law.
After the new Law of Ukraine “On Licensing ...” came into force, many licensing bodies were at a loss, because most of the licensing terms for licensing this or that type of activity were contrary to the new law. Therefore, most of them were waiting for the approval of new licensing terms and additional clarifications, and even suspended the acceptance of documents for issuing / renewing licenses and copies of licenses.
After a certain time, some licensing bodies developed such a practice that, when setting up a new place of business, a business entity would submit a notification about the establishment of a new structural unit. Its content is not regulated by law and is compiled in any form; more often that not information that was previously in the application for a copy of the license is simply indicated. Also, this notice should indicate that the company is requesting to take note of the specified information and make changes to the License Register.
However, the new licensing terms on the implementation of activities related to the operations with narcotic drugs, psychotropic substances and their precursors were not accepted. To this date, they still provide for copies of licenses and the respective application forms. Therefore, our lawyers directly asked the officers of the State Drug Control Service about what to do in such a situation. To which we were told that although the old (not amended) licensing terms are in effect, copies of licenses are no longer issued.
Then we went by analogy with the licensing of other types of economic activity, where the new licensing terms were already in place and where the above notifications were accepted by the licensing authorities instead of applications for a copy of the license.
When the package of documents was ready for submission, we faced a new challenge: the Drug Control Service refused to accept documents from us, arguing that no one had canceled the current licensing terms and also copies of the licenses.
Only after raising this issue among the specialists of the specified service and taking it up to its management, all (primarily those who refused to accept documents from us) came to the conclusion that we should not submit an application for a copy of the license, because copies were no longer issued.
Thus, we helped our Client begin to carry out activities in the new laboratory, despite the issues of the “transition” time, when even competent officers of state strong institutions do not always keep up with the changes in the legislation or simply do not know how to interpret it.