June 15, 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 Approval of the Procedure of Manufacture and registration of license plates for vehicles subject to state registration” (hereinafter referred to as the draft resolution), which was promulgated on 25 April 2023 in subheading “Draft regulations” of the heading “Normative base of the Ministry of Internal Affairs” of the official website 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 information/ comments | Author of the proposal | Offer Consideration Information |
| ! 1 | Proposal to prevent the adoption of a provision on self-purchase by owners of license plates for vehicles from business entities. | Citizen Oleksandr Zalievskyi | Not taken into account. The proposal does not concern the subject of regulation of the draft resolution. The draft resolution is designed to comply with the requirements of the normative legal act of the highest legal force, in particular the Law of Ukraine dated 06.10.2022 № 2658 “On Amendments to the Code of Ukraine on Administrative Offenses and the Law of Ukraine “On Road Traffic” regarding strengthening administrative responsibility for violation of the procedure for establishing and using vehicle license plates”, in particular to Article 4 of the Law of Ukraine “On Road Traffic”. These amendments to the Law of Ukraine “On Road Traffic” provide a person who has applied to the service center of the Ministry of Internal Affairs for state registration of a vehicle the opportunity to independently choose the method of obtaining a license plate: either directly in the service center of the Ministry of Internal Affairs, or to order the manufacture of a license plate according to the assigned alphanumeric combination from the subject management. The draft resolution proposes to approve the Procedure for the manufacture and registration of license plates for vehicles subject to state registration (hereinafter — the Procedure), which will determine the the procedure for the implementation by business entities of activities for the manufacture and registration of license plates for vehicles. |
| ! 2 | The draft resolution contradicts one of the basic principles of economic management, namely: restriction of state regulation of economic processes due to the need to ensure the social orientation of the economy, fair competition in business, environmental protection of the population, protection of consumer rights and security of society and the state (Part 1 of Art. 6 of the Economic Code of Ukraine). | Candidate of Legal Sciences lawyer Oleksandr Charychanskyi | Not taken into account. Article 19 of the Constitution of Ukraine provides 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 provided for by the Constitution and laws of Ukraine. The draft resolution was developed in implementation of Article 4 of the Law of Ukraine “On Road Traffic”, according to which the competence of the Cabinet of Ministers of Ukraine in the field of road traffic is to determine the procedure for the manufacture and registration of license plates for vehicles subject to the state registration, and license plates for one-time trips. |
| ! 3 | The regulatory impact analysis (hereinafter referred to as ARV) is formal and does not take into account either the formation of the price for the consumer or the additional costs of business entities to ensure compliance with the legal requirements for inclusion in the List and access to the Register. | Candidate of Legal Sciences lawyer Oleksandr Charychanskyi | Not taken into account. The draft resolution is a regulatory act. The ARV for the draft resolution was prepared taking into account the requirements of the Methodology for Analysis of the Impact of the Regulatory Act, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 308 of March 11, 2004, and published on the website of the Ministry of Internal Affairs. Considering that the draft resolution introduces new state regulation, It is not possible to determine the exact number of entities to which the regulatory act will apply, and therefore the RV was carried out by the method of assuming and calculating the minimum costs per business entity of large, medium and small businesses that will arise as a result of the regulatory act. Based on the results of the analysis of the draft resolution and ARV for compliance with the requirements of articles 4, 5, 8, 9 of the Law “On the Principles of State Regulatory Policy in the Field of Economic Activity”, approved the draft resolution. |
| ! 4 | The conduct of activities for the manufacture of license plates for vehicles is not subject to state regulation with the definition of the procedure for its implementation, and therefore cannot be regulated by the proposed Procedure for the manufacture and registration of license plates for vehicles subject to state registration. The Law of Ukraine “On Road Traffic” does not contain a norm that would provide for the independent purchase of license plates by vehicle owners. | Subsidiary enterprise “Dynamo-Siler Plant” | Not taken into account. Article 19 of the Constitution of Ukraine provides 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 provided for by the Constitution and laws of Ukraine. The draft resolution was developed in implementation of Article 4 of the Law of Ukraine “On Road Traffic”, according to which the competence of the Cabinet of Ministers of Ukraine in the field of road traffic is to determine the procedure for the manufacture and registration of license plates for vehicles subject to the state registration, and license plates for one-time trips. |
| ! 5 | Remarks to paragraph 8 of the draft Procedure for the provision of colour photographs produced by the business entity of samples of each type of licence plate to be produced by the entity. This provision needs to be revised, since it is not possible to establish the conformity of these samples from the colour photographs produced by the entity of the samples of the number plates of each type. size requirements, the application of mandatory details such as UA holograms and holograms of the manufacturer, because the photo does not display/capture them. |
Subsidiary enterprise “Dynamo-Siler Plant” | Not taken into account. Requirements for state license plates of vehicles and uniform samples of state license plates of vehicles were approved by the order of the Ministry of Internal Affairs of Ukraine of March 02, 2021 No. 166 “On some issues of state license plates of vehicles” (hereinafter — Requirements). Provisions of the draft Procedure for the provision of compliance by business entities color photographs of license plate samples to be produced by them in accordance with the Requirements, provided solely for the purpose of identification license plate manufacturers. |
| ! 6 | Comments to paragraph 8 of the draft Procedure require clarification in the part of determining the list of documents on the compliance of the user's workplace. | Subsidiary enterprise “Dynamo-Siler Plant” | Not taken into account. Paragraph 8 of the draft Procedure provides for the provision of copies of documents on the compliance of the workplace of the user of the Unified State Register of Vehicles (hereinafter — the electronic register) with the requirements of the legislation, in particular in the field of technical protection of information in information and telecommunication systems (for obtaining a personal login and password for access of the responsible person to electronic register), which complies with the norms of the act of supreme legal force, namely the Law of Ukraine “On Protection of Information in Information and Information communication systems”, and does not need to be specified in the draft Order. |
| ! 7 | Remarks to the norm of paragraph 18 of the draft Procedure, which provides for the suspension of access of an economic entity (its branch or separate division) to the electronic register in case of receipt of documented information by the GSC of the Ministry of Internal Affairs about the non-compliance of the license plates produced by it with the established Requirements. The developer must determine the authority of the body/the person and the document on the basis of which the license plate produced by the entity will be considered as not meeting the established Requirements. |
Subsidiary enterprise “Dynamo-Siler Plant” | Not taken into account. The draft Procedure defines, in particular, the conditions for the termination of access to the electronic register and the termination of license plate manufacturing activities. The only basis for the termination of the license plate manufacturing activity, in accordance with paragraph 21 of the draft Procedure, is a letter of such intent drawn up by the business entity in an arbitrary form. With regard to on the basis of paragraphs 18, 23 of the draft Procedure, the GSC of the Ministry of Internal Affairs shall terminate the access of the entity (its branch or separate division) to the electronic register or cancels such access. At the same time, administrative liability for violation of the requirements of the legislation on the use of vehicle license plates, in particular for driving or operating a vehicle with a license plate that does not meet the established patterns or requirements, is established by Article 121 3 of the Code of Ukraine on Administrative Offenses. Article 23 “On the National Police” of Ukraine it is determined that the National Police of Ukraine, in accordance with the tasks assigned to it, regulates traffic and carries out control over the observance of the Rules of the Road by its participants and on the legality of the operation of vehicles in the street and road network. Thus, subclause “b” of paragraph 2.9 of the Rules of the Road, approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001 No. 1306, provides that the driver is prohibited, to drive a vehicle, in particular, with a license plate that does not meet the requirements of the standards. The provisions of Article 19 of the Economic Code of Ukraine provide that business entities have the right to independently, without restrictions, carry out economic activities that do not contradict the law. |
As a result of electronic consultations with the public on the draft resolution, it was decided to reject the comments and suggestions sent by the public representatives.
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First Deputy Head of the |
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Oleksandr KARABYTS |
