November 13, 2023
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 Certain Decisions of the Cabinet of Ministers of Ukraine on the training and admission of drivers to drive vehicles” (hereinafter — the draft resolution), which was published on September 14, 2023 of the year in the subheading “Draft regulations” of the heading “Normative base of the Ministry of Internal Affairs” of the official web portal of the Ministry of Internal Affairs of Ukraine: here.
Information on proposals and comments on the draft resolution received during electronic consultations with the public and on the results of their elaboration is given in the table:
No. of sales/n |
Offer |
Author of the proposal |
Offer |
! 1 |
Paragraph 15 1 of the Regulation on the procedure for issuing driver's licenses and admission of citizens to drive vehicles, approved by the Resolution of the Cabinet of Ministers of Ukraine dated May 8, 1993 No. 340 (hereinafter — Regulation No. 340), does not have a clear list of documents. |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. The proposal does not apply to amendments to Regulation No. 340. The proposal directly relates to the amendments introduced by the draft resolution to the Procedure for training, retraining and training of drivers of vehicles, approved by the Resolution of the Cabinet of Ministers of Ukraine dated May 20, 2009 No. 487 (hereinafter referred to as Procedure No. 487). The amendments provided for by the draft resolution, in particular regarding the provision of copies of documents on the compliance of the workplace of the user of the electronic registry with the requirements of the legislation, including in the field of technical protection of information in information and telecommunication systems (for obtaining a personal login and password of the responsible person access to the electronic register), are in accordance with the norms of the Law of Ukraine “On protection of information in information and communication systems” and the Resolution of the Cabinet of Ministers of Ukraine dated March 25, 2016 No. 260 “Some issues of providing information on registered vehicles, their owners and proper users.” |
! 2 |
Paragraph 16 of Regulation No 340 shall be supplemented by the following sentence: “The certificate of completion of theoretical training and the certificate of completion of practical training are automatically generated in electronic form using the software tools of the Ministry of Internal Affairs.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposed proposal is provided for by the Instruction on the procedure for passing exams for obtaining the right to drive vehicles and issuing driver's licenses, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of May 22, 2020 No. 408), registered with the Ministry of Justice Ukraine on January 22, 2010 under № 74/17369. |
! 3 |
Paragraph 16 of Regulation No 340, after the first paragraph, shall be supplemented by new paragraphs of the following content: “The theoretical exam can be taken by mobile territorial service centers of the Ministry of Internal Affairs in remote cities (settlements), by examiners of territorial service centers of the Ministry of Internal Affairs directly on the basis of educational institutions, in which the educational and material base meets the requirements of the GSC of the Ministry of Internal Affairs of Ukraine, as well as territorial service the centers of the Ministry of Internal Affairs through the centers for the provision of administrative services on the basis of coordinated decisions between the service centers of the Ministry of Internal Affairs and the bodies that have decided to establish centers for the provision of administrative services, provided that the relevant premises of centers for the provision of administrative services, which will take a theoretical exam, technical means of control (including photo, video, audio equipment). The theoretical exam is prepared by a person who has passed the appropriate training in an accredited institution or has independently mastered the content of the theoretical module of the typical training program, taking into account the categories of vehicles. A person who plans to independently master the content of the theoretical module of the typical curriculum must register in the Unified State Register of the Ministry of Internal Affairs in accordance with the established procedure and provide him with information on the completion and completion of the specified training course within at least four weeks.” |
NGO “Society for the Promotion of Defense of Ukraine (TSO of Ukraine)” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposal does not address the subject of regulation of the draft resolution.
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! 4 |
Paragraph 17 of Regulation No. 340 to be supplemented with provisions regulating the operation of technical means of control over the conduct of exams. |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposed proposal is provided for by the Instruction on the use of technical means of control during the passing of exams (including with the help of photo, video, audio equipment), the preservation of information received by them and access to it, approved by the Order of the Ministry of Internal Affairs of Ukraine of May 22, 2020 No. 408 (as amended by the Order of the Ministry of Internal Affairs of June 15, 2023 No. 495), registered with the Ministry of Justice of Ukraine on July 06, 2020 under number 626/34909. |
! 5 |
Clause No. 340 shall be supplemented by paragraph 17 1 as follows: “Examination tickets are generated automatically at random from test questions approved by the GSC of the Ministry of Internal Affairs. Test questions and illustrations to them, answer options and correct answers, changes to test questions are published on the official website of the GSC of the Ministry of Internal Affairs. At the theoretical exam, a person is asked only questions corresponding to the categories of vehicles, the right to drive which he claims to receive. In the case of opening two or more categories of vehicles, the theoretical exam is taken on the test questions of the highest category.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposed proposal is provided for by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles, and certification of their specialists, approved by the order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine dated December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367. |
! 6 |
Clause No. 340 shall be supplemented by paragraph 17 2 as follows: “A person who has independently mastered the content of the theoretical module of the typical curriculum and ___ times has not passed the theoretical exam is admitted to the theoretical exam in the appropriate category of vehicles after passing the training on the theoretical module in an accredited institution.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposal cannot be the subject of regulation of the draft resolution, since the issues of admission of persons to pass a theoretical exam for obtaining the right to drive vehicles are regulated by the Instruction on the Procedure for Taking Exams for the Right to Drive Vehicles and Issuing Driver's Licenses, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 07 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine dated May 22, 2020 No. 408), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 74/17369. |
! 7 |
Clause No. 340 shall be supplemented by paragraph 17 3 as follows: “The practical exam is taken on the vehicle of the Central Ministry of Internal Affairs (if available) or an institution of choice of the person taking the exam. During the practical exam on the vehicle of the Central Ministry of Internal Affairs, the examiner is in the vehicle next to the person being examined, monitors the correctness of the exercises, using a portable electronic device fixes errors in the examination sheet, and in the event of an emergency, intervenes in the steering transportation by vehicle. In the case of passing a practical examination on a vehicle of a driver training institution in the seat, from which access to duplicate control mechanisms of the braking system and the transmission of the vehicle is provided, there is a specialist in training for driving vehicles of such an institution, who, in the event of an emergency, intervenes in driving by vehicle. In this case, the examiner is positioned in such a way as to be able to monitor the actions of the person being examined and the specialist of the institution. The person who passes the exam and the specialist of the institution can also independently carry out photo, video, audio recording of the practical exam by technical means of control.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposal cannot be the subject of regulation of the draft resolution, since the issues of admission of persons to the practical exam for obtaining the right to drive vehicles are regulated by the Instruction on the Procedure for Taking Exams for the Right to Drive Vehicles and Issuing Driver's Licenses, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine dated May 22, 2020 No. 408), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 74/17369. |
! 8 |
Clause No. 340 shall be supplemented by paragraph 17 4 as follows: “To obtain the right to drive a vehicle of the appropriate category with a manual transmission, a driver who has a certificate with a marking on driving a vehicle with an automatic transmission must pass a practical examination in driving a vehicle with such a gearbox after completing a 20-hour training course on the corresponding vehicle in an accredited driver training institution.” |
NGO “All-Ukrainian Motorists Union” |
Taken into account. The proposed proposal to Regulation No. 340 directly relates to the amendments introduced by the draft resolution to Procedure No. 487. The proposal is reflected in the final version of the draft resolution.
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! 9 |
Paragraph 25 1 of Regulation No 340 shall be supplemented after the second paragraph by the following paragraph: “The exchange of a driver's license to a person who has expressed a desire to remove the mark on the restriction on the right to drive a vehicle exclusively with an automatic transmission is carried out after such a person has completed a 20-hour training course on a vehicle with a manual transmission according to the procedure of passing a 20-hour training course from the highest category to the lower category and the preparation of such a person by a practical examination on a vehicle with a manual transmission.” |
NGO “Society for the Promotion of Defense of Ukraine (TSO of Ukraine)” |
Taken into account. The proposal is included in the final version of the draft resolution |
! 10 |
Paragraph 4 of Procedure No. 487 shall be supplemented by paragraphs of the following content: “Institutions that have a license from the Ministry of Education of Ukraine for conducting educational activities in the field of vocational (vocational) education for the training of qualified workers in the profession 8322 “Driver of motor vehicles” on the basis of the State Standard of Professional (Vocational and Technical) Education develop work curricula and programs, in particular weekly, according to the relevant categories vehicles that are approved by regional education management bodies without approval in the territorial service centers of the Ministry of Internal Affairs. These work curricula and programs are entered into the register of the Ministry of Internal Affairs without passing state re-accreditation in the event that they do not provide for an increase in the simultaneous volume and training of drivers in other categories that are determined by the current certificate of state accreditation. “Institutions that have a license of the Ministry of Education for conducting educational activities in the field of professional (vocational) education can conduct professional training for several categories at the same time in accordance with the State Standard of Professional (Vocational) Education in the profession 8322 “Driver of motor vehicles” by expanding the content of training, excluding duplication of educational material for graduation The acquisition of appropriate qualifications.”
|
NGO “Society for the Promotion of Defense of Ukraine (TSO of Ukraine)” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposal does not address the subject of regulation of the draft resolution. |
! 11 |
Paragraph 15 1 of Procedure No. 487 shall be supplemented by paragraphs as follows: “Formation and provision (sending) of a personal login and password are carried out free of charge. Logins, passwords and old keys obtained by driving schools before the entry into force of this decree continue to be valid.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Amendments made by the draft resolution to Order No. 487, among other things, also regulate the procedure for issuing a personal login and password to the responsible persons of access to the Unified State Register of the Ministry of Internal Affairs.
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! 12 |
Paragraph 1 of paragraph 18 of Order No. 487 shall be worded as follows: “For theoretical and practical training, specialists certified in accordance with the procedure established by law are involved, who must have the necessary education: teacher of the theoretical module — relevant higher education and vocational and pedagogical training (advanced training); from to medical care — medical education; from practical training to management vehicles — worker qualification “Instructor for individual driving training” (code of classifier of professions 5149), or master of production training for driving (code of classifier of professions 3340), or certificate of assignment of the worker qualification “Driver of motor vehicles” of the relevant category (code of the Classifier of Occupations 8322) and a driver's license.”
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NGO “Society for the Promotion of Defense of Ukraine (TSO of Ukraine)” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The proposal does not address the subject of regulation of the draft resolution, since the issues of determining the requirements for specialists who carry out training, retraining of vehicle drivers, in particular their education, are regulated by the Requirements for institutions that carry out training, retraining and training of drivers of vehicles, and the qualification requirements for specialists who carry out such preparation approved by the order of the Ministry of Internal Affairs of Ukraine, the Ministry of Education and Science of Ukraine, the Ministry of Infrastructure of Ukraine, the Ministry of Social Policy of Ukraine 05.04.2016 № 255/369/132/344. |
! 13 |
To supplement the Procedure for State Accreditation of Institutions Training, Retraining and Retraining of Vehicle Drivers and Certification of Their Specialists, approved by the Resolution of the Cabinet of Ministers of Ukraine dated May 20, 2009 No. 490 (hereinafter — Procedure No. 490), paragraph 6-1 of the following content: “The GSC of the Ministry of Internal Affairs on its official website provides automatic publication and updating of information about establishments for training drivers of vehicles (with the ability to view, search, define search parameters, download, copy, download), regarding them: name; code according to the Unified State Register of Enterprises and Organizations of Ukraine/registration number of the taxpayer's account card; licenses for conducting educational activities in the field of vocational (vocational) education (if available), its date, series and number; certificate of state accreditation (full text); areas of activity (training, retraining, improvement of qualifications of drivers); a list of categories of vehicles for which training, retraining, advanced training of drivers is carried out; location of offices (classes); contact phone numbers: e-mail addresses; information about vehicles used in the institution for training, retraining and advanced training of vehicle drivers (brand, license plate, category, year of manufacture, date of registration and termination of registration in the material and technical database of each institution); information about specialists (surname, first name, patronymic (if available), specialist certificate (date, number), direction of training, dates of registration and termination of registration as a specialist in each institution); the maximum number of persons for simultaneous training, retraining and further training of drivers of vehicles and the duration of training (number of weeks) for each category and each module separately (theoretical and practical) - in relation to any institution (s), for a given period; as well as general information on: the number of accredited institutions; the number of institutions denied state accreditation (indicating the grounds for refusing state accreditation of each institution); the number of establishments that have temporarily suspended the validity of the Certificate (indicating the grounds for the temporary termination of the Certificate of each institution); the number of institutions that have canceled the certificate (indicating the grounds for revoking the Certificate of each institution); the number of certified specialists (including in the permitted categories of vehicles and directions of training, retraining and professional development of drivers); the number of specialists who have been refused certification (indicating the grounds for refusing certification of each specialist). ' |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The content of the proposal cannot be the subject of regulation of the draft resolution, since the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine for state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles is regulated by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of establishments that carry out training, retraining and professional development of drivers vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367.
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! 14 |
Paragraph 10 of Procedure No. 490 shall be supplemented by the following paragraph: “The GSC of the Ministry of Internal Affairs publishes on its official website the formula and algorithm for calculating the maximum number of persons for simultaneous theoretical, practical, theoretical and practical training, retraining and further training of drivers of vehicles and training periods for each category (with transcription).” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The content of the proposal cannot be the subject of regulation of the draft resolution, since the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine for state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles is regulated by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of establishments that carry out training, retraining and professional development of drivers vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367. |
! 15 |
Supplement Order No. 490 with paragraph -1 of the following content: “In the case of the institution's intention to train, retrain or improve the qualification of drivers in new categories, shorten the period of training in a certain field of training, increase the total maximum number of simultaneous training, retraining and upgrading of drivers of vehicles in existing categories of vehicles, change/add classes (cabinet) or platform (s) for initial vehicle driving training (if such changes result in an increase in the total maximum number of persons for concurrent training, retraining and retraining of drivers of vehicles, except in cases of redistribution between training and retraining and/or carrying out retraining instead of a 20-hour training course in practical driving of the relevant vehicle to open the lower categories within the total maximum number), the institution undergoes partial accreditation exclusively within the limits of the relevant changes based on the application of the institution, in accordance with the procedure established by this section. In the case of registration by the institution, other changes regarding it, including an increase in the duration of training for a certain form of activity, a decrease in the number of categories for training, retraining or further training (removal of a certain category or categories), a decrease in the total maximum number of simultaneous training of drivers for available categories of vehicles, introduction of work programs and plans for training preparation, retraining and professional development of drivers in accordance with the requirements of the Resolution of the Cabinet of Ministers of Ukraine of October 6, 2021 No. 1045 (Official Gazette of Ukraine, 2021, No. 81, Art. 5172) “On amendments to the Standard Training Program for the Training and Retraining of Vehicle Drivers”, the transition to training is excluded under the theoretical or exclusively in the practical module (if the institution conducts training in both modules), accreditation with respect to such institution is not carried out.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The content of the proposal cannot be the subject of regulation of the draft resolution, since the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine for state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles is regulated by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of establishments that carry out training, retraining and professional development of drivers vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367.
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! 16 |
Supplement Procedure No. 490 with paragraph 2 of the following content: “On changes in the composition of specialists and/or training vehicles of the institution, which do not affect the implementation of programs and plans for training, retraining and professional development of drivers and do not have the consequence of increasing the total maximum number of persons for simultaneous training, retraining and upgrading of drivers of vehicles, shortening the terms of training in a particular category and/or opening other categories, the institution within ten working days notifies by letter to the CIC of the Ministry of Internal Affairs, in which it is registered, to which through the electronic cabinet copies of relevant documents are attached. The CCC of the Ministry of Internal Affairs within three working days from the date of receipt of such a letter through the software tools of the Unified State Administration of the Ministry of Internal Affairs shall inform the RCC of the Ministry of Internal Affairs about this in order to make appropriate changes without consideration and decision by the accreditation commission. |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The content of the proposal cannot be the subject of regulation of the draft resolution, since the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine for state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles is regulated by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of establishments that carry out training, retraining and professional development of drivers vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367.
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! 17 |
In paragraph 15 of Order No. 490, it is necessary to determine by law a clear list of grounds for the temporary termination of the accreditation of driving schools. This is especially true for changing the material and technical base or the number of specialists. |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The content of the proposal cannot be the subject of regulation of the draft resolution, since the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine for state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles is regulated by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of establishments that carry out training, retraining and professional development of drivers vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367. |
! 18 |
Order No. 490 is supplemented by subsection 22-1 of the following content: “To a specialist of an institution in which the effectiveness of successful passing of exams (regardless of the number of attempts) by trainees in the CCC of the Ministry of Internal Affairs for obtaining the right to drive vehicles is not less than 70 percent of the total number of persons who have been trained in such a specialist in the last two years (at least SE persons), re-certification for the next period is carried out without passing exams.” |
NGO “All-Ukrainian Motorists Union” |
Not taken into account. Article 19 of the Constitution of Ukraine stipulates that state authorities and local self-government, their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine. The legislation of Ukraine is structured from acts of higher legal force to acts of lower legal force. The subordination to the latest laws is enshrined in the provisions of the Constitution of Ukraine. Subordinate legal acts, in particular, are: resolutions of the Cabinet of Ministers of Ukraine, legal acts of ministries, other central executive bodies, authorized bodies of the state (their officials) and other entities that adopt these acts in accordance with the laws, develop or detail their provisions. The content of the proposal cannot be the subject of regulation of the draft resolution, since the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine for state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles is regulated by the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of establishments that carry out training, retraining and professional development of drivers vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 515 (as amended by the Order of the Ministry of Internal Affairs of Ukraine of December 23, 2019 No. 1084), registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367. |
As a result of electronic consultations with the public on the draft resolution, it was decided to partially count the proposals and comments sent by public representatives and publish its revised version on the official web portal of the Ministry of Internal Affairs.
First Deputy Head of the |
Oleksandr KARABYTS |