No. of sales/n

Offer Information

Author of the proposal

Offer Consideration Information

1.

The draft amendments provide for amendments to paragraph 16 of subsection 1 of paragraph 7 of the Procedure for monitoring information on the results of mandatory technical control transmitted by the subjects of mandatory technical control to the national database (hereinafter referred to as the Monitoring Procedure), by replacing the words “than the odometer indicator, fixed” in words “or equal to the odometer index fixed”. Therefore, if during the OTC of the vehicle a slight discrepancy is found with the drafting of the act of non-conformity, then after eliminating the minor discrepancy and re-passing the OTC — this OTC protocol can be recognized as “invalid” due to the fact that the odometer indicator is equal to the indicator recorded during the previous passage of the OTC K. Offer not to make such changes.

Chairman of the public union “Subjects of testing vehicles for serviceability” Chernenko I. IN.

Rejected The draft order provides
for the approval of amendments to the Monitoring Procedure, in particular, clarifying the grounds for recognizing the protocol for checking the technical condition of a vehicle issued on a vehicle with a non-working odometer as invalid. According to Appendix 5 to the Procedure for conducting mandatory technical control and the scope of inspection of the technical condition of vehicles, the technical description and a sample of the protocol for checking the technical condition of the vehicle (hereinafter — the OTC Procedure) (code 915.020), if the odometer does not function, this is a significant discrepancy. In accordance with paragraph 20 of the OTC Procedure, the contractor warns the customer about the detected discrepancy and issues an act of non-conformity under the receipt. A minor discrepancy (the presence of a defect in which the possibility of movement of the vehicle is allowed) can be independently eliminated by the customer at the inspection site of the technical condition of the vehicle. After the elimination of this discrepancy, the customer can again submit the vehicle to the contractor for OTC. During the specified movements of the vehicle, the odometer indicator (if it is working) will change.

2.

It is proposed in paragraph 2 of the Procedure for conducting monitoring the words “during the monitoring by the authorized person of the center of the Ministry of Internal Affairs monitoring of information on the results of mandatory technical control, to be replaced by the words “during the monitoring by the authorized person of the center of the Ministry of Internal Affairs of the monitoring of the results of mandatory technical control (protocol for checking the technical condition of the vehicle or act of non-compliance technical condition of the vehicle, as well as materials of photo-fixation (photos) and video fixation (video recording, stopshots, screenshots) of the mandatory process ^{technical control of the vehicle), that”, as well as to make changes relating to the register of results of mandatory technical inspection of vehicles, in paragraphs 5, 6, 7 and supplement with a new paragraph 5 1.}

Project Manager of the Government-Public Initiative “Together Against Corruption” Serebryakov M. M.

Rejected.
In accordance with the act of supreme legal force, namely the Procedure for the formation of a nationwide database on the results of mandatory technical control of vehicles, access to it and setting the amount of fees for the provision of such services, approved by the Resolution of the Cabinet of Ministers of Ukraine of May 31, 2012 No. 512 (hereinafter — Procedure for the formation of the nationwide databases), register of the results of mandatory technical control of vehicles — a computer database containing information on the results of mandatory technical control of vehicles, as well as on damaged or damaged forms of protocols for checking the technical condition of the vehicle. According to paragraph 3 of the Procedure for the formation of a nationwide database, the Main Service Center of the Ministry of Internal Affairs ensures the monitoring of information on the results of mandatory technical control.

The amount of information transmitted by the subjects of mandatory technical control of vehicles to the national database is determined by acts of higher legal force, namely the Procedure for the formation of a nationwide database and the OTC Procedure.

3.

Not only OTC protocols (positive result) should be subject to cancellation, but also non-compliance acts, since the subject of OTC may incorrectly classify a dangerous discrepancy as, for example, minor or significant, and the difference between these statuses is gigantic.

Project Manager of the Government-Public Initiative “Together Against Corruption” Serebryakov M. M.

Rejected. The procedure for
the formation of a nationwide database does not provide for invalidation of acts of non-compliance.

4.

The wording “the color of the light exposure of outdoor lighting devices does not meet the requirements established by law” is vague, allows arbitrary interpretation and will lead to additional abuse in the OTC. In addition, in this position it is not specified which external lighting devices are in question (fog, low beam, high beam, etc.).

Project Manager of the Government-Public Initiative “Together Against Corruption” Serebryakov M. M.

Rejected.
In accordance with the Requirements for checking the design and technical condition of a wheeled vehicle, the methods of such inspection, approved by the order of the Ministry of Infrastructure of Ukraine dated November 26, 2012 No. 710, registered with the Ministry of Justice of Ukraine on December 25, 2012 under No. 2169/22481, external lighting devices and their signaling devices the enclosures shall comply with the requirements of the manufacturer of the CCT, the European Agreement supplementing the Convention on Road Traffic, opened for signature in Vienna on 08 November 1968, corresponding to the UNECE Regulations No. 48, annexed to the Agreement on the adoption of uniform technical regulations for wheeled vehicles, items of equipment and parts that may be installed and/or used on wheeled vehicles, and on the conditions for mutual recognition of official approvals issued on the basis of these regulations, to the Rules of the Road, approved by a resolution of the Cabinet of Ministers No. 1306 of Ukraine dated October 10, 2001, of documents on conversion in accordance with the Procedure for the conversion of vehicles, approved by the Resolution of the Cabinet of Ministers of Ukraine from July 21, 2010 No. 607, and the technical condition of outdoor lighting devices of vehicle categories M, N, O must also comply with the requirements of paragraph 6.1 of DSTU 3649:2010.

5.

Employees of the RSC of the Ministry of Internal Affairs may abuse the definition of “layering of dirt”, considering as a layer of dirt even the thinnest, but visually noticeable layer of dust or earth, even if this is not a problem for conducting OTC. Therefore, it is necessary to clarify that in the case when the layer of dirt does not prevent the brake system from being checked, this should not be considered a violation.

Project Manager of the Government-Public Initiative “Together Against Corruption”

Serebryakov M. M.

Rejected. The
methods of control of brake systems, namely paragraph 7.4.2.1.7.5 of DSTU 3649:2010 clearly define that the tires of a wheeled vehicle must be clean and dry, without foreign objects in the tread.

6.

The deletion of subsection 14 is not considered appropriate. We offer to return.

Project Manager of the Government-Public Initiative “Together Against Corruption”

Serebryakov M. M.

Rejected.
Subparagraph 14 of paragraph 7 of the Monitoring Procedure is not excluded, but is proposed to be set out in a separate paragraph.

7.

The “coordinates” of the norm in paragraph 9 are incorrectly defined.

Project Manager of the Government-Public Initiative “Together Against Corruption”

Serebryakov M. M.

Rejected.
According to the current version of the Procedure for the formation of a nationwide database, the “coordinates” of the norm are determined correctly. Paragraph five of paragraph 3 of the Procedure for the formation of a nationwide database: “obtaining from the state supervision (control) bodies, the National Police information on the presence of a vehicle in an unserviceable condition (damaged as a result of a traffic accident or ill-equipped, therefore unfit for operation) or establishing, according to the results of the inspection carried out using special devices (devices), the non-compliance of the technical condition of the vehicle and its equipment with the requirements of the relevant standards road safety and environmental protection, as well as rules of technical operation, instructions of manufacturing enterprises and other regulatory and technical documentation”.

8.

Replacing the “conclusion on the results of monitoring the results of the OTC results and the recognition of the OTC protocol as invalid” with the “conclusion on the recognition of the protocol of checking the technical condition of the vehicle as invalid”, together with the removal of monitoring as a source of information on the existence of grounds for canceling the OTC protocol, is an illegal step. This change can be used as a hidden legalization of roadside inspection of vehicles for their serviceability. This approach is not compatible with the current transport and road laws, since the basic law on the reform of the OTC has not been adopted at the moment and the scope of roadside inspection remains unregulated at the legislative level. Therefore, until the adoption of the relevant legislative changes, it is necessary to leave Appendix No. 1 to the Monitoring Procedure in the current version.

Project Manager of the Government-Public Initiative “Together Against Corruption”

Serebryakov M. M.

Rejected.
One of the grounds for recognition of the protocol of checking the technical condition of the vehicle as invalid is the reason provided for in paragraph five of paragraph 3 of the Procedure for the formation of a nationwide database, namely obtaining from the state supervision (control) bodies, the National Police information on the presence of the vehicle in an unfit for operation condition (damaged as a result of a traffic accident or assembled, therefore unfit for operation) or installed according to the results of an inspection carried out with the use of special devices (devices), non-compliance of the technical condition of the vehicle and its equipment with the requirements of standards relating to road safety and environmental protection, as well as the rules of technical operation, instructions of manufacturing enterprises and other regulatory and technical documentation that cannot be established during monitoring. Taking into account the stated purpose of adopting these amendments is to bring the normative legal act of the Ministry of Internal Affairs of Ukraine into compliance with the legislative acts having the highest legal force, to eliminate the existing logical and technical inconsistencies of its provisions, as well as to improve the mechanism for monitoring information on the results of mandatory technical control.