Unofficial translation  
 
CABINET OF MINISTERS OF UKRAINE  
RESOLUTION  
of 12December  2023  
No. 1305  
Kyiv  
 
On Approval of the Procedure for Requesting Test Samples of Parental 
Components that are Constituent Components of the Object of a Variety 
Application  
In accordance with paragraph 3 of  part six of Article 20 of the Law of Ukraine “ On Protection 
of Rights to P lant Varieties” the Cabinet of Ministers of Ukraine de c i des :  
1. To approve the Procedure for Requesting Test Samples of Parental Components that are 
Constituent Components of the Object of a Variety Application , which is add ed.  
2. To consider the resolutions  of the Cabinet of Ministers of Ukraine , specified in the list 
attached , as invalid.  
Prime Minister of 
Ukraine  D. SHMIGAL  
 
 
 Approved by  
the Resolution of  
the Cabinet of Ministers of Ukraine   
of 12 December 2023 No 1305   
 
The Procedure for Requesting Test Samples of Parental Components that 
are Constituent Components of the Object of a Variety Application  
1. This Procedure defines the cases and the procedure for requesting by the Ministry of 
Agrarian Policy and Food of Ukraine  of test samples  of parent al components that are constituent 
components of the object of a variety application (hereinafter referred to as samples of parent al 
components of a variety).  
2. The terms used in this Procedure are used in the meaning given in the Laws of Ukraine “On 
Protection of Plant Varieties” and “On Seeds and Planting Mate rial”. 2 
 
3. Samples of the parental components of  a variety  may be requested by the Ministry  of 
Agrarian Policy and Food in the following cases : 
1) if the Ministry of Agrarian Policy and Food receives a request from the competent authority 
of the country of variety propagation regarding compliance with the requirements of the Schemes 
for the Varietal Certification of Seed to which Ukraine has acced ed; 
2) upon a court decision ; 
3) at the request of the Ministry of Agrarian Policy and Food to the patent holder, and in the 
absence of the patent holder - to the owner of the property right to a variety  distribution or the 
variety maintainer to verify the safety of a variety  and its original components . 
4. Samples of parental components of a variety shall be requested by the Ministry of Agrarian 
Policy and Food in cases specified in paragraph  3 of this Procedure. Prior to requesting samples of 
parental components of a variety , the Ministry of Agrarian Policy and Food shall check the 
availability of such samples in storage at the e xpert body . 
5. Samples of parental components of a variety may be requested exclusively for the purposes 
specified in paragraph  3 of this Procedure.  
6. In case of absence of relevant samples in storage at the expert body  and if there are grounds 
specified in paragraph  3 of this Procedure for requesting samples of parental components of a 
variety, the Ministry of Agrarian Policy and Food shall send a notice in any form to the variety 
owner, the patent holder or the variety maintainer , which shall specify the grounds for the request, 
the number (volume) of samples, address and delivery time.  
The number (volume) of such samples of the parental components of a variety  shall not exceed 
the number (volume) required for test or determined b y a court decision.  
7. The variety owner, the patent holder or the variety maintainer shall consider the request of 
the Ministry of Agrarian Policy and Food within 20 calendar days from the date of its receipt and 
provide the appropriate number (volume) of samples of parental components of a variety . 
In case of refusal to comply with such a request, the variety owner , the patent holder or the 
variety maintainer shall, within the specified period, send a notice to the Ministry of Agrarian 
Policy and Food in any form , justifying the grounds for refusal. The said notice  shall be sent in 
paper or electronic form.  
The requ est or notice in electronic form shall be submitted by means of information and 
communication systems determined by the Ministry of Agrarian Policy  and Food , if it is technically 
possible to submit it and under the condition of identification of the variet y owner, the patent holder 
or the variety maintainer using a qualified electronic signature.  
Prior to the introduction  of the technical possibility petitions, requests or notices in electronic 
form shall be sent to the e -mail of the Ministry of Agrarian Policy and Food with a qualified 
electronic signature of the variety owner, the patent holder or the variety maintainer.  
8. In the cases specified in paragraph  3 of this Procedure, samples of parental components of a 
variety shall be supplied by the variety owner , the patent holder or the variety maintainer in 
accordance with the Procedure for Providing Official and Test Samples of Planting Material of a 
Variety, approved by the Ministry of Agrarian Policy  and Food . 3 
 
9. The variety owner, the patent holder or the variety maintainer shall be responsi ble for the 
accuracy of the information and data contained in the accompanying documents to the samples of 
parental components of a variety.  
10. The Ministry of Agrarian Policy and Food shall inform the variety owner, the patent holder 
or the variety maint ainer  within 14 working days from the date of receipt of the request on the status 
of use of samples of parental components of a variety.  
11. The expert body  shall ensure the recording and reflection of information on samples of 
parental components of a variety in paper or electronic form in the manner determined by the 
Ministry of Agrarian Policy  and Food .  
12. If there is an unused quantity of samples of parental components of a variety, the expert 
body shall ensure their return or disposal in accordance with the Procedure for Providing Official 
and Test Samples of Planting Material of a Variety, approved by the Ministry of Agrarian Policy and 
Food.  
 
 
 Approved by  
the Resolution of  
the Cabinet of Ministers of Ukraine  
of 12 December 12 2023 No 1305   
List of  
Resolutions of the Cabinet of Ministers of Ukraine, that have ceased to be in 
force  
1. Resolution of the Cabinet of Ministers of Ukraine of 19 September 2018 No. 756 "On 
Approval of the Procedure for Requesting Samples of Landing Material of Parental Components of  
the Application Object ". 
2. Paragraph 201 of the Amendments to the Resolutions of the Cabinet of Ministers of Ukraine, 
approved by the Resolution of the Cabinet of Ministers of Ukraine of 06 November 2019 No. 916.  
3. Paragraph 35 of the Amendments to the Resolutions of the Cabinet of Ministers of Ukraine , 
approved by the R esolution of the Cabinet of Ministers of Ukraine of 19 May 2021  No. 489 .