Analysis of the draft law:
Analysis of the Draft Law on Amendments to Article 18877 of the Code of Administrative Offenses of Ukraine
Essence of the draft law: The draft law aims to strengthen administrative liability for failure to comply with the lawful requirements of officials of Ukrtransbezpeka. It specifies offenses and increases the amount of fines for violations in the field of safety on land transport, especially during inspections and non-compliance with orders. It also introduces liability for preventing officials of Ukrtransbezpeka from carrying out state supervision (control) measures. The purpose of the draft law is to increase the level of safety on transport and ensure compliance with legal requirements. Fines are differentiated depending on the subject of the offense (driver or official) and the type of violation (failure to comply with requirements during inspection, failure to comply with orders, prevention of inspection).
Structure and main provisions:
The draft law consists of two clauses:
- Clause 1: States Article 18877 of the Code of Ukraine on Administrative Offenses in a new wording. The new wording of the article provides for:
- Fines for drivers for failure to comply with the lawful requirements of officials of Ukrtransbezpeka during roadside inspections.
- Fines for officials for failure to comply with Ukrtransbezpeka’s orders to eliminate violations detected during state supervision (control).
- Increased fines for officials for repeated commission of violations provided for in part two of the article within a year.
- Fines for officials for preventing officials of Ukrtransbezpeka from carrying out state supervision (control) measures.
- Increased fines for officials for repeated commission of violations provided for in part four of the article within a year.
- Clause 2: Establishes the date of entry into force of the law – from the day following the day of its publication.
Main provisions important for different groups:
- For legislators: The need to consider and adopt amendments to the Code of Administrative Offenses to ensure effective control over transport safety. The importance of clearly defining the powers of Ukrtransbezpeka and establishing adequate sanctions for violations.
- For experts: Analysis of the impact of the proposed changes on the level of transport safety and the effectiveness of regulatory bodies. Assessment of the appropriateness of the amount of fines and their impact on offenses.
- For business: Increased financial liability for violations in the field of transport. The need to strengthen control over compliance with legal requirements and eliminate identified violations.
- For citizens: Ensuring safety when using land transport. Informing about rights and obligations during inspections and state supervision (control) measures.
Analysis of the explanatory note:
Analysis of the draft law on amendments to Article 18857 of the Code of Ukraine on Administrative Offenses
Good day! I am glad to help you understand this important draft law. So, let’s get to the point.
1. Essence of the draft law
The draft law aims to strengthen Ukrtransbezpeka’s control over road carriers. It provides for the introduction of administrative liability for failure to comply with the lawful requirements of Ukrtransbezpeka officials during inspections (except for roadside inspections), evasion of eliminating identified violations, and obstruction of their work.
2. Reasons for and necessity of adopting the draft law (author’s position)
According to the explanatory note, the draft law is necessary due to the low level of compliance with Ukrtransbezpeka’s orders to eliminate violations of legislation in the field of road, urban electric and rail transport. The authors note that a significant part of the issued orders are not implemented, which leads to negative consequences for the safety of passengers, the environment and the state as a whole. Also, cases of obstruction of Ukrtransbezpeka officials in the performance of their duties are recorded, which is unacceptable.
3. Main consequences of the draft law
Here are the main consequences to consider:
- For legislators and experts: It is necessary to assess the extent to which the proposed changes comply with the principles of legal certainty and proportionality. It is important to ensure that the wording of Article 18857 of the Code of Administrative Offenses is sufficiently clear to avoid abuse by regulatory authorities.
- For business (road carriers): Increased liability for non-compliance with Ukrtransbezpeka’s requirements may lead to an increase in the financial burden on carriers in the form of fines. At the same time, this may encourage businesses to more carefully comply with safety standards and improve the quality of services.
- For citizens: In the long term, increased control over carriers should increase the safety of passenger transportation and reduce the risk of traffic accidents. This may also have a positive impact on the environmental situation, especially in large cities.
Important: It should be noted that the draft law does not provide for increased liability for violations detected during roadside inspections (inspections on the road). This may create a certain imbalance in the control system.
I hope this analysis was helpful to you. If you have any further questions, please contact us!
Analysis of other documents:
Analysis of documents on the draft Law of Ukraine on Amendments to Article 188-57 of the Code of Administrative Offenses
1. Position of the author of the document:
The author of the document, namely the Cabinet of Ministers of Ukraine represented by Prime Minister Yuliia Svyrydenko, is the initiator and fully supports the draft Law of Ukraine “On Amendments to Article 18857 of the Code of Ukraine on Administrative Offenses”. This follows from the fact that the draft law was submitted to the Verkhovna Rada as a legislative initiative of the Cabinet of Ministers.
2. Main provisions of the documents:
- List of acts of the Cabinet of Ministers and central executive bodies: This list indicates that no acts of the Cabinet of Ministers or central executive bodies need to be adopted or revised in order to implement the provisions of the draft Law. This may indicate that the proposed changes are sufficiently independent and do not require additional regulation at the level of the government or ministries. This is important for understanding the speed and ease of implementation of the law in case of its adoption.
- Resolution of the Verkhovna Rada of Ukraine: The draft resolution provides for the adoption of the draft Law as a basis and instructs the Committee of the Verkhovna Rada of Ukraine on Law Enforcement to finalize the draft law, taking into account the comments and proposals, and submit it for consideration in the second reading. This is a standard procedure for considering draft laws in the Verkhovna Rada.
- Representation of the draft Law: Oleksii Kuleba, Vice Prime Minister for the Restoration of Ukraine – Minister for Communities and Territories Development, will represent the draft Law in the Verkhovna Rada. This may indicate the importance of the project for the government and its willingness to actively promote it in parliament.
Importance for stakeholders:
- For legislators: The documents provide a clear understanding that the draft law can be implemented without additional regulatory acts. This may affect the speed of consideration of the draft law. It is also important to take into account the position of the Committee of the Verkhovna Rada on Law Enforcement when finalizing the draft law.
- For experts: The analysis of the list of acts and the absence of the need to revise them allows us to focus on the direct text of the draft law and its impact on law enforcement practice.
- For business and citizens: The absence of additional regulatory acts may indicate the stability and predictability of the application of the new norm, which is a positive factor for business. It is important for citizens to understand exactly what changes are being made to Article 188-57 of the Code of Administrative Offenses and how this will affect their rights and obligations.
