Report on the results of electronic consultations with the public on the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for State Registration (Re-registration), Deregistration... “

August 17, 2020

The Ministry of Internal Affairs of Ukraine, in accordance with the Procedure for Public Consultations on the Formation and Implementation of State Policy, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 03, 2010 No. 996, conducted electronic consultations with the public on the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure State registration (re-registration), deregistration of cars, buses, as well as self-propelled vehicles designed on the chassis of cars, motorcycles of all types, brands and models, trailers, semi-trailers, motorcycles, other vehicles and mopeds equivalent to them” (hereinafter — the project), which was published on the official website of the Ministry of Internal Affairs: here.

Information on proposals received during electronic public consultations and on the results of their consideration is given in the table.

No
p/n
Offer Information Author of the proposal Offer Consideration Information
1. Exclude amendments made by the draft to paragraph 9 of the Procedure for registration (re-registration), deregistration of cars, buses, as well as self-propelled vehicles designed on the chassis of cars, motorcycles of all types, brands and models, trailers, semi-trailers, motorcycles, other equivalent to these are vehicles and mopeds, approved by the Resolution of the Cabinet of Ministers of Ukraine of September 07, 1998 No. 1388, according to which buses manufactured on the basis of the chassis of vehicles that were in the first state registration are not allowed exploitation. Open Joint Stock Company “Ukrainian Institute of Bus and Trolleybus Building” (ul. Persenkivska, 10, m. Lviv, 79026) Not taken into account. It
should be noted that according to the first and second parts of Article 32 of the Law of Ukraine “On Road Traffic” (hereinafter — the Law) the conversion of vehicles, i.e. changing the type or brand (model), purpose or design parameters of vehicles in service, by installing the cab, body or their parts, special equipment and number units that are not provided for by the normative-technical documentation for this vehicle must comply with the rules, regulations and standards of Ukraine. No
is allowed without agreement with the manufacturers of vehicles and their components or other specially authorized by the Cabinet of Ministers of Ukraine organization of reequipment, which leads to a change in the total mass and its distribution along the axes, the location of the center of gravity, engine type, its weight and power, wheelbase or wheel formula, brake and steering system steering and transmission. Separately, it should be noted that the main requirements for the production of vehicles provided for in the first part of Article 30 of the Law are that the design of the transport
vehicles must comply with the requirements of modern rules, regulations and standards, established levels of emissions of pollutants into the atmosphere, and the regulatory and technical documentation must be coordinated with the relevant authorized state bodies.
Content and structure of the vehicle identification number (VIN) to establish a single international identity the system of numbering of wheeled vehicles is regulated by DSTU ISO 3779:2012 (hereinafter — the standard). Thus, the standard defines that the vehicle identification number
(VIN) is a structural combination of symbols established by the manufacturer to recognize a wheeled vehicle. At the same time, a manufacturer is a person, company or association that issues a certificate of conformity or confirms the conformity of products with regulatory documents and assumes responsibility for the quality of the vehicle suitable for operation, regardless of the location of production.
In addition, paragraph 3.5 of the standard defines that compliance of products with regulatory documents means compliance of the manufacturer responsible for the uniqueness of the VIN is the manufacturer, the manufacturer can delegate compliance for the production of the vehicle to a subsidiary.
According to the second paragraph 1.10 of section I of the Procedure for Approval of the Construction of Vehicles, their Parts and Equipment, approved by the Order of the Ministry of Infrastructure of Ukraine No. 521 of August 17, 2012, registered with the Ministry of Justice of Ukraine on September 14, 2012 under No. 1586/21898, the manufacturer is a business entity, which is responsible for designing the manufacture and marking of products regardless of whether said operations are carried out by the entity itself or on its behalf, and ensures that the production of the products is appropriate. It is not necessary for this entity to be involved in all stages of production of products subject to approval.
Separately, it should be noted that in accordance with paragraph eight of Article 189 of Article 189 of the Tax Code of Ukraine, second-hand goods are considered to be goods that have been in use for at least a year and are suitable for further use unchanged. in condition or after repair, as well as vehicles that are not subject to the definition of a new vehicle. However, subsection 14.1.124 of paragraph 14.1 of Article 14 of the Tax Code of Ukraine
it is determined that a new vehicle is a vehicle that does not have acts of state registration of authorized bodies, including foreign ones, which give the right to operate it.

Based on the results of electronic consultations with the public, it was decided to refuse to take into account the submitted proposals and comments on the project.