Certification and licensing: a smart start of your business!
The most important types of state regulation aimed at protecting of public interests, public health and safety, are certification and licensing. The objective of the latter is to control certain types of activities, primarily those related to business.
Certification and licensing: what’s the difference?
Despite the seeming similarity, these two terms should be clearly distinguished. So, license is a permission to carry out particular type of activity, and certificate is nothing more than a document certifying conformity of a service or product with the required norms and standards.
In fact, licensing is a sequence of actions aimed at issuing, suspending, terminating or renewing the license. Its main goal is to regulate business activity through prohibition of its implementation without a proper permit, or license.
Certification is the process of obtaining a certificate, which goes in accordance with the regulations of Derzhspozhivstandard (State Committee on Consumer Standards). This agency checks the product quality in accordance with the UkrSEPRO system and issues the appropriate paper – a certificate.
Who needs this service?
In Ukraine, the majority of the goods produced and sold shall undergo licensing and certification. The same applies to the provision of service.
Certification is mandatory in cases when activity or products may have a negative impact on the natural environment, public safety and their property. Talking about business, licensing and certification means obtaining of special clearly regulated permits that are required by the state for a particular activity. Therefore, in order to reduce the risk of administrative or criminal sanctions, it is recommended that before starting business operations all formalities are observed.
Also, any educational or medical institution shall comply with the established rules and regulations, therefore without obtaining permits their activities could be questioned.
As for the license, it also plays an important role in copyright and patent law. In this case, through license agreement the author allows other person to use his works for a certain fee.
In any case, obtaining of license or certificate is related with drafting of a certain package of documents. Only a competent lawyer will be able to properly assess the situation and help the client collect papers in his area of activity. Our experts will save your time for collecting the necessary documents and submitting them to the relevant agency.
Types of certification
Unlike licensing which is mandatory for all, certification can be mandatory or voluntary.
Obtaining mandatory certificate covers a number of activities and, in fact, is a governmental requirement. In 2005, the list of products subject to mandatory certification was approved in Ukraine. At the same time, every three years procedure for obtaining a certificate of quality compliance shall be repeated. For some activities this period is once a year or two years.
It is carried out on voluntary basis by the manufacturer whose activities are not covered by the list of services subject to mandatory certification. But availability of this document increases competitiveness of its holder and demonstrates its reliability.
Procedure for obtaining certificate or license
Licenses are issued on the basis of inspections and opinion of the commission. Moreover, everything is subject to the compliance check: from equipment and production technology to personnel.
In product certification, the product itself undergoes inspection and testing. But if entire production process is certified, then equipment and technologies are also checked.
Issue of certificate needs taking a few steps:
Step 1. Identify the type of document that is required. In addition to the mandatory certificate of product conformity, this may be a declaration of conformity or a sanitary-epidemiological opinion.
As part of the service contract, our lawyers will make this step for you.
Step 2. Submit an application for issue of certificate to the appropriate authority and attach product documentation and product sample.
Our experts will also help collect the documents according to the exhaustive list. So, the list of documents should include:
- information on organization of quality control in the company;
- information on production yield control;
- data on specific features of the production process;
- documents that reflect procedures on raw materials and disposables control, as well as finished products control;
- recording procedure for test and control results and other documentation.
Step 3. Wait for decision of the authorized body, which is made on the basis of review of submitted documents and product analysis.
Attention: Important! Do not forget that in case of serial production, certification of the production process is mandatory.
Step 4. Obtain Ukrainian certificate of conformity, based on which the product will be included in a uniform register, provided that it meets all standards.
Step 5. Regularly check the product for compliance with state standards.
Benefits of quality certificate
Receiving a quality certificate gives three important advantages to its holder:
- Due to the increased demand for certified services, the product quality certificate allows to increase seller’s competitiveness.
- Certificate promotes a favorable image of the company, that allows attracting investors and conclusion of profitable deals.
- Availability of certificate protects its holder from problems with the law.
Complete certification with FChain!
Want to make a statement on reliability and safety of your products and become more competitive? Then contact us! Our lawyers will help you obtain a voluntary quality certificate within a short time. You do not even need to distract from your core business. We will do everything for you: from collecting documents to obtaining of ready certificate.
Our experts will help our clients whose products are subject to mandatory certification, to undergo it within the shortest possible time. We will not only prepare the necessary documentary package, but also check it for compliance with the law and presence of possible errors. By contacting us, you receive qualified assistance at all stages of obtaining a certificate. In addition, you can rely on receiving advice both on a permanent and one-time basis.
We are open to every client. If you need to go through certification in Ukraine, call us right now. Our experts will contact you to clarify the terms and conditions of cooperation.