Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging the resolution of Ukrtranssafety on imposing an administrative and economic fine on the vehicle owner for the absence of documents during cargo transportation.
2. Main Arguments of the Court:
– The vehicle owner cannot be automatically considered a carrier
– To determine the carrier, it is necessary to establish: whether the person is a business entity, whether a transportation contract has been concluded, whether the vehicle is used on legal grounds
– The Ukrtranssafety authority did not prove that the plaintiff is a motor carrier and brought him to liability solely based on registration documents
3. Court Decision: Uphold the previous court decisions on canceling the Ukrtranssafety resolution and reject the cassation appeal.
Note: The court essentially deviates from previous practice, clearly defining the criteria for establishing carrier status.
