No. of sales/n

Offer Information

Author of the proposal

Offer Consideration Information

1.

The right of an entity to carry out activities regarding mandatory technical control (hereinafter referred to as OTC) of vehicles begins from the moment of its inclusion in the Register of OTC entities. The lack of a specific deadline in the draft for the entry of OTC entity data into the Register creates uncertainty and conditions for corruption risks: based on the norms of PCMU 137 (paragraph 2), the entity cannot start working until it is entered in the Register - “the executor is a legal entity or an individual an entrepreneur is an entrepreneur, information about which, in accordance with this Procedure, is entered in the register of subjects for carrying out mandatory technical control of vehicles...”, and paragraph 7 does not specify the deadline for which the subject is to be entered in the register. Therefore, it is proposed that the GSC of the Ministry of Internal Affairs, after checking the information in accordance with paragraph 6 of this Procedure, within three working days enters the data about the executor... into the specified register.

Public Council under the Ministry of Internal Affairs of Ukraine

Not taken into account.
Amendments to Paragraph 6 of the Procedure for conducting mandatory technical control and the scope of inspection of the technical condition of vehicles, the technical description and the sample of the protocol for checking the technical condition of the vehicle, approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 30, 2012 No. 137, determined that the verification of the executor's documents is carried out during 10 days from the date of receipt of the notification to the Main Service Center of the Ministry of Internal Affairs. According to the results of the verification of documents, information about the executor is entered into the Register of subjects for the implementation of mandatory technical control of vehicles. Taking into account the foregoing, we consider it inappropriate to extend the period of entry of information into the Register of Subjects of OTC for three days.

2.

Uncertainty in the draft terms and names of the main concepts appealed by the Resolution can lead to unpredictable conflicts. So the name and definition of the Register in the project must coincide with the name of the same resource in other existing NPA, or simultaneously require changes to the Order of the Ministry of Internal Affairs No. 736 of 28.08.2019. “Procedure for maintaining the register of subjects of mandatory technical control”, and the PKMU of November 14, 2018 No. 1024 “Regulations on the Unified Information System of the Ministry of Internal Affairs”. In particular, according to the Order of the Ministry of Internal Affairs No. 736 “2. The SOTC register is an integral part of the Unified State Register of Vehicles (hereinafter - the Unified State Register of Vehicles). 3. SOTC register is a functional subsystem of the Unified State Register of Vehicles”. And according to paragraph 12. PCMU as of November 14, 2018 No. 1024 “Functional subsystems of the unified information system of the Ministry of Internal Affairs is the Unified State Register of Vehicles”. Technologically, the “National Database on the Results of Mandatory Technical Control of Vehicles” is an integral part of the Unified State Register of Vehicles, uses the resources of the Unified State Register of Vehicles, that is, it is a functional subsystem. Therefore, the revision of the correct definition is proposed: “The register of subjects of mandatory technical control is a functional subsystem of the Unified State Register of the Ministry of Internal Affairs, which is a functional subsystem of the unified information system of the Ministry of Internal Affairs” and “The national database on the results of mandatory technical control of vehicles (hereinafter — the nationwide database) is functional subsystem of the Unified State Register of the Ministry of Internal Affairs, which is a functional subsystem of the unified information system of the Ministry of Internal Affairs”.

Public Council under the Ministry of Internal Affairs of Ukraine

Taken into account.

3.

The logical improvement of the process is proposed - cancellation of tests of the vehicle on the brake stand and photo-fixation of this test in case of detection by the subject of OTC of non-compliance of the technical condition of the vehicle brake system during inspection, before the start of the test on the brake stand. It makes no sense to spend time and resources of equipment on a test that will knowingly give a negative test result, and which already implies in any case the issuance of an act of non-compliance (during a preliminary inspection or on the pit, malfunctions of the brake system are detected).

Public Council under the Ministry of Internal Affairs of Ukraine

It is taken into account editorially. Paragraph 16 of the Procedure for Conducting OTC is proposed
to be supplemented by the fourth
paragraph of the following content “Photo-fixation of the OTC process is not carried out in case of inconsistency of data in the vehicle registration certificate with vehicle identification data and/or non-compliance of the technical condition of the vehicle before the brake check the system by means of bench testing and/or checking of switched on low beam headlights and fog lamps (if available).

4th.

The existing contradiction of obligations in the project has been corrected - it is proposed to cancel the photo-fixation of the OTC process in case of inconsistency of the data in the vehicle registration certificate with the vehicle identification data. The obligation to make photocopying of the test process on a vehicle that has not passed the identification check contradicts paragraph 2 of paragraph 12 of this resolution (PCMU 137) “... In case of inconsistency of identification numbers and (or) license plates with the data of registration documents of the vehicle, mandatory technical control is not carried out.”, therefore, the obligation of photofixation, logically, should be absent.

Public Council of the Ministry of Internal Affairs

It is taken into account editorially. Paragraph 16 of the Procedure for Conducting OTC is proposed to be supplemented by the fourth
paragraph of the following content “Photo-fixation of the OTC process is not carried out in case of inconsistency of data in the vehicle registration certificate with vehicle identification data and/or non-compliance of the technical condition of the vehicle before the brake check the system by means of bench testing and/or checking of switched on low beam headlights and fog lamps (if available).

5.

It is proposed to replace the term “contributes” information with “transmits”, since “contributes” is incorrect from the point of view of the information technology of the EDR of the TC, in particular, only internal users of the Unified State Register of TCs, who are employees of the GSC of the Ministry of Internal Affairs, and all other external users can only “transmit” or “receive” the information, subject to compliance requirements for the protection of information.

Public Council under the Ministry of Internal Affairs of Ukraine

Taken into account.

6th.

The recognition of the obligation of the subject has been improved - it is proposed to clearly define the term (term) of fulfillment of the obligation of the OTC subject to transfer the results of the OTC to the national database, since such a period is completely absent in the project. The lack of a deadline (deadline) for the transfer of information creates uncertainty of the entity's obligation to such transfer, which negates the obligation in general and creates corruption risks. That is, subjects can generally transmit information even after a year, and it will be a legitimate action, or not transfer at all. The use in the NPA of the requirements for performance of duty within a specified period creates objective reasons for the conscientious performance of their duties, understandable and equal conditions for all subjects of technical control. The proposed deadline is “for each work shift, but not later than the next work shift”. This version also relieves unnecessary stress for all participants of OTC, taking into account the experience of force majeure (that is, those that are not affected by OTC participants) circumstances, in particular such as interruptions in communication or in the operation of databases, interruptions in the work of the ACSC of Ukraine checking the CAP in real time, etc.

Public Council under the Ministry of Internal Affairs of Ukraine

Editorially taken into account. 18.
Inspection of the structures and technical condition of vehicles is carried out in accordance with the requirements for inspection. The
results of the mandatory technical control of the vehicle are submitted by the contractor using software and technical means to the nationwide database on the results of mandatory technical control, which are formed in the form of an electronic document certified by a qualified electronic signature on the day of the mandatory technical control of the vehicle.

7th.

The terminology in the field of information technology has been corrected - it is proposed to add to the definition of an electronic document its important quality - “appropriate format” in order to avoid misinterpretation of the term of the electronic document, since the corresponding format is really used to transfer information to the Unified State Register of TCs. Otherwise, documents in formats even EXSEL or WORD may be offered for transfer to the Unified State Register of Vehicles, which will not allow to qualitatively form a database of technical control results. In addition, the requirement to comply with the appropriate format is present in the main document of the EIS of the Ministry of Internal Affairs - according to paragraph 5 of paragraph 2 of the PCMU dated November 14, 2018. No. 1024 “Regulation on the Unified Information System of the Ministry of Internal Affairs” a defined format is necessary, namely:
“... integration of information resources of the unified information system of the Ministry of Internal Affairs - a set of methods and procedures aimed at the logical functional unification of the information resources of the unified information system of the Ministry of Internal Affairs in specified formats, according to agreed indicators, for their automation processing, use and provision to users in a unified form;”.

Public Council under the Ministry of Internal Affairs of Ukraine

Taken into account.

8.

Improvement of logistics - due to the fact that almost all relations in the field of OTC between the state and the OTC entity are transferred to the local level, which has a positive effect on the business, it is proposed to transfer the last important function also to the Territorial Service Centers — to provide OTC entities with forms of OTC protocols. It is logical to transfer the relations of subjects on all issues to the level of the CCC, to ease the burden for subjects to receive forms, especially in times of shortage, when it is possible to obtain forms only in the regions, and their small number thus significantly increases the transport costs and working time to receive them.

Public Council under the Ministry of Internal Affairs of Ukraine

Not taken into account.
The main functions of the territorial service centers of the Ministry of Internal Affairs are defined by the Regulation on the territorial service center of the Ministry of Internal Affairs of Ukraine, approved by the order of the Ministry of Internal Affairs of Ukraine dated December 29, 2015 No. 1646, registered with the Ministry of Justice of Ukraine on January 28, 2016 under No. 156/28286. At the same time, the Rules to which changes do not regulate the scope of activity of territorial service centers of the Ministry of Internal Affairs.

9th.

It is proposed not to spend unnecessary budget funds - to leave in the last edition paragraphs 7 and 8 in relation to the fact that Users of the nationwide database receive the necessary information, and other persons receive information about the results of mandatory technical control, except for information that, in accordance with the law, is information with limited access through the official website of the general holder state database. The project proposes to transfer this function to places in Territorial service centers. To date, the website of the holder of the national database (GSC of the Ministry of Internal Affairs) completely satisfies the needs of all interested parties, and since there are no local sites of the CSO, the creation, maintenance and administration of websites of territorial bodies for the provision of services of the Ministry of Internal Affairs requires significant additional funds, expediency of spending which are groundless.

Public Council under the Ministry of Internal Affairs of Ukraine

Not taken into account. The
adoption of these changes does not imply expenditure from the state budget of Ukraine, in addition, the draft amendments stipulate that updating the information on the official website is entrusted to the Main Service Center of the Ministry of Internal Affairs as an interregional territorial body for the provision of services of the Ministry of Internal Affairs.

10.

Granting OTC subjects the right to independently, without the participation of the Ministry of Infrastructure, to submit accreditation documents to the GSC of the Ministry of Internal Affairs for inclusion in the Register of OTC entities, preventing cases of groundless non-inclusion by the Main Service Center of the Ministry of Internal Affairs of the OTC subject in the Register of OTC entities.

Government-public initiative “Together against corruption”

Taken into account. The draft provides
for the authorization of the Main Service Center of the Ministry of Internal Affairs to carry out verification of documents submitted by business entities to include them in the Register of entities for mandatory technical control of vehicles.

11.

Publication in real time of socially significant information in the field of OTC.

Government-public initiative “Together against corruption”

Taken into account.
In accordance with the amendments made to paragraph 8 of 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 “Update of information on the official website of the territorial the body for the provision of service services of the Ministry of Internal Affairs is carried out as information arrives.” Peculiarities of information placement in the field of OTC are defined by the Procedure for maintaining the register of subjects of mandatory technical control, approved by the order of the Ministry of Internal Affairs of Ukraine dated August 28, 2019 No. 736, registered with the Ministry of Justice of Ukraine on September 18, 2019 under No. 1036/34007.

I'm 12.

Translation of OTC protocols and acts into electronic form.

Government-public initiative “Together against corruption”

Taken into account. The draft amendments provide
for the introduction of a protocol for checking the technical condition of the vehicle in the form of an electronic document.

I'm 13.

Implementation of automatic blocking by software of the nationwide database on the results of OTC registration in it of documents on the results of OTC until the completion of the minimum time for the implementation of OTC of the vehicle by one “team” on one equipment complex.

Government-public initiative “Together against corruption”

Not taken into account.
Establishing a minimum time for checking the technical condition of the vehicle limits the rights of OTC subjects and complies with the principles of deregulation of economic activities.

14.

Implementation of mandatory video recording of the OTC process of vehicles, providing OTC subjects with access to viewing OTC videos about themselves and other OTC subjects, with subsequent appeal of detected violations and appropriate response to them

Government-public initiative “Together against corruption”

Partially taken into account. The draft amendments provide
for the introduction of video recording of the OTC process.

15.

Remove the possibility of making a decision to exclude the executor from the register of subjects of mandatory technical control of vehicles, adopted by the Main Service Center of the Ministry of Internal Affairs on the basis of issuing within the period of validity of a certificate of accreditation or certificate of attestation 10 or more protocols drawn up in violation of the Procedure or Requirements for verification. This norm, according to the NGO “OTS”, is actually a sanction imposed not even by the Ministry, but by the interregional territorial body for the provision of service services, on the subject of OTC. Therefore, it prohibits the conduct of economic activities with the implementation of mandatory technical control, which does not comply with the provisions of the Law of Ukraine “On the basic principles of state supervision (control) in the sphere of economic activity. We also believe that the decision to stop the business activity of the OTC entity does not fall within the competence of the Main Service Center of the Ministry of Internal Affairs.

NGO “Ukrainian Transport Union”

Not taken into account. In
accordance with Article 52-1 of the Law of Ukraine “On Road Traffic”, the powers of the Ministry of Internal Affairs of Ukraine in the field of ensuring road safety are to exercise state control in the sphere of mandatory technical control of vehicles. The main form of control over the activities of subjects of mandatory technical control is to monitor information on the results of mandatory technical control. This form of control does not imply interference in the economic activities of the entity conducting OTC and stopping the economic activities of business entities.

I'm 16.

Replace a paper protocol with a self-adhesive radio frequency identification label with an electronic protocol.

NGO “Ukrainian Transport Union”

Taken into account. The draft amendments provide
for the introduction of a protocol for checking the technical condition of the vehicle in the form of an electronic document.