No. of sales/n

Offer Information

Author of the proposal

Offer Consideration Information

! 1

The need to introduce the provisions of the Resolution of the KM of Ukraine of September 7, 1998. № 1388 “On approval of the Procedure for 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, motocycles, other vehicles equivalent to them and mopeds” to the provisions of the Law of Ukraine of 08.11.2023 № 3448-IX (p. 3 Final Provisions) and Paragraph 3 of Article 6 of the Law of Ukraine “On Humanitarian Aid”, which allows the use of vehicles by servicemen

NGO “Social Perspective”;

Charitable organization “Charitable Foundation “Ukraine in our hearts”;

Prokipchuk Levko Ihorovych

Not taken into account.
In accordance with Article 3 ³ of Article 15 of the Law of Ukraine “On Humanitarian Aid” (hereinafter — the Law) temporarily, for the period of carrying out measures necessary to ensure the defense of Ukraine, the security of the population and the protection of the interests of the state in connection with the military aggression of the Russian Federation against Ukraine, according to the simplified procedure established by the Cabinet of Ministers of Ukraine, humanitarian aid means vehicles whose final recipients are servicemen intended for use during the implementation of measures, necessary to ensure the defense of Ukraine, the security of the population and the protection of the interests of the state in connection with the military aggression of the Russian Federation against Ukraine.
According to the Law of Ukraine “On Military Duty and Military Service”, the military service is a state service of a special nature, which consists in professional activities suitable for it according to the state of health and age of citizens of Ukraine (except in the case of as defined by law), foreigners and stateless persons connected with the defense of Ukraine, its independence and territorial integrity, and servicemen are persons undergoing military service. Servicemen undergo military service in the Armed Forces of Ukraine and other
military formations formed in accordance with the laws of Ukraine.
Therefore, the Law clearly defines the intended use of vehicles, the final purchasers of which are servicemen who are recognized as humanitarian assistance. simplified procedure established by the Cabinet of Ministers of Ukraine. Unified procedure for 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, registration and issuance of registration documents and license plates establishes the Procedure for state registration (re-registration deregistration of cars, buses, as well as self-propelled vehicles designed on the chassis of cars, motorcycles of all types, makes and models, trailers, semi-trailers, motorcycles, other vehicles and mopeds equivalent to them, approved by the Resolution of the Cabinet of Ministers of Ukraine dated September 07, 1998 No. 1388 (hereinafter referred to as the Procedure).
We draw your attention to the fact that the Procedure does not contain provisions on the peculiarities of state registration of vehicles for certain categories of persons and directions of use of vehicles. In
view of the above, the proposal for state registration of vehicles, received for the implementation of measures necessary to ensure the defense of Ukraine, the security of the population and the protection of the interests of the state in connection with military aggression The Russian Federation against Ukraine by military personnel cannot be taken into account in the draft resolution.

! 2

The Ministry of Internal Affairs has developed a draft resolution of the Cabinet of Ministers of Ukraine on amendments to the Procedure for State Registration approved by PKMU 1388.

According to this draft, this resolution enters into force 3 months from the date of its publication. Such a long period of entry into force of this act is not justified by the need to introduce any information and digital services.

In addition, this paragraph does not meet the requirements of paragraph 3 of the final provisions of the Law of November 8, 2023 No. 3448-IX, according to which the Cabinet of Ministers of Ukraine within a month from the date of publication of this Law: to ensure the adoption of the regulations necessary for the implementation of this Law; to bring its own regulations in accordance with this Law.

NGO “Social Perspective”;

Charitable organization “Charitable Foundation “Ukraine in our hearts”;

Prokipchuk Levko Ihorovych

Taken into account.

! 3

The Ministry of Internal Affairs has developed a draft resolution of the Cabinet of Ministers of Ukraine on amendments to the Procedure for State Registration approved by PKMU 1388.

According to this draft, documents confirming the legality of the purchase of vehicles, their component parts, having identification numbers, are issued in the prescribed manner supplemented by a declaration on the list of goods recognized as humanitarian aid, drawn up in accordance with Annex 1 to the Procedure for passing and accounting for humanitarian assistance under the conditions martial law, approved by the Resolution of the Cabinet of Ministers of Ukraine dated September 05, 2023 № 953.

However, the issue has not been resolved

on vehicles registered as humanitarian aid according to the preliminary form of the declaration (Resolution of the Cabinet of Ministers of Ukraine of March 01, 2022 № 174).

NGO “Social Perspective”;

Charitable organization “Charitable Foundation “Ukraine in our hearts”;

Prokipchuk Levko Ihorovych

Not taken into account.
In accordance with the provisions of Resolution
No. 174, for the period of martial law, humanitarian aid is passed through the customs border of Ukraine at the place of crossing the customs border of Ukraine by submitting a declaration in paper or electronic form, filled by the person transporting the relevant goods, in the form according to Appendix 1. It should be noted, that the declaration does not contain appropriate fields for entering information about vehicles, therefore such information was entered by the persons who imported them, on their own
discretion. The information on vehicles entered in this declaration is insufficient to carry out their state registration.
In addition, due to the lack of information about such vehicles in the relevant system of customs authorities, identification of these vehicles is not possible. In view of the mentioned state registration of vehicles imported into the customs territory of Ukraine the basis of the declaration in the form according to Appendix 1 to Resolution No. 174 is not considered possible.
05 September 2023 by the Cabinet of Ministers of Ukraine
Resolution No. 953 “Some Issues of Passing and Accounting for Humanitarian Aid in Conditions of Martial Law” (hereinafter — Resolution No. 953) was adopted, which entered into force on December 1, 2023. Resolution No. 953 approved the Procedure for passing and accounting of humanitarian aid in conditions of martial law. Among other things,
Resolution No. 953 approved Decree of the Cabinet of Ministers of Ukraine of March 01, 2022 is recognized as invalid.
№ 174 “Some issues of the passage of humanitarian aid across the customs border of Ukraine in conditions of martial law”.
Taking into account the provisions of the Law of Ukraine “On Road Traffic” in terms of the prohibition of operation of unregistered vehicles, to vehicles imported into the customs territory of Ukraine during the martial law before entry into force Resolution No. 953, that is, imported in accordance with Resolution No. 174, will apply the procedure of temporary state registration with the issuance of relevant registration documents and license plates of the established model.

! 4

According to the draft, it is proposed to supplement paragraph 8 after paragraph thirty-second with new paragraphs of the following content:

“For state registration of vehicles imported into the customs territory of Ukraine on the basis of a declaration on the list of goods recognized as humanitarian aid and received by the purchaser, an act of acceptance and transfer of the vehicle is submitted in the form in accordance with Annex 2, to which copies certified in the prescribed manner are attached: declarations of the list of goods recognized as humanitarian aid, on the basis of which such vehicles were imported, the inventory description of humanitarian aid (hereinafter referred to as the inventory description), the report on the availability and distribution humanitarian aid (for the period in which the distribution of humanitarian aid (vehicle) to the recipient was made) (hereinafter referred to as the report) issued by the recipient of humanitarian aid in accordance with Annexes 2 and 3 to the Procedure for Passing and Accounting for Humanitarian Aid in Conditions of Martial Law, approved by the Resolution of the Cabinet of Ministers Ukraine from September 05, 2023 No. 953 “Some issues of omission and accounting of humanitarian assistance in conditions of martial law” (Official Gazette of Ukraine, 2023, No. 87, p. 368).

Information on the registration of the declaration on the list of goods recognized as humanitarian aid, the inventory description and the report are checked by sending a request in electronic form to the automated system of registration of humanitarian assistance using the means of information and communication systems.

In the absence of an automated humanitarian aid registration system, a declaration on the list of goods recognized as humanitarian aid, an inventory description and a report, except for the cases provided for in paragraph 21 of the Resolution of the Cabinet of Ministers of Ukraine dated September 05, 2023. No. 953 “Some issues of passing and accounting of humanitarian assistance in conditions of martial law” (Official Gazette of Ukraine, 2023, No. 87, art. 368), state registration or temporary state accounting of vehicles is not carried out.”.

It should be noted that the proposed documents for registration of vehicles imported as auxiliary rubber are not issued in all cases (for example, an inventory description does not have to be drawn up) or can be submitted one month from the date of import of the car (report), which will make it impossible to register and transfer the vehicle to the serviceman until the moment submission of the report.

In addition, this version will also make it impossible to register vehicles imported according to the declaration in the form provided for by the CMU Resolution 174 and which, after the entry into force of Law 3448-IX, will now be transferred to specific servicemen.

It is proposed to leave as documents giving the right to register a declaration in the appropriate form and an act of acceptance.

NGO “Social Perspective”;

Charitable organization “Charitable Foundation “Ukraine in our hearts”;

Prokipchuk Levko Ihorovych

Taken into account.

! 5

According to the draft, it is proposed to supplement the Procedure with a paragraph of the following content “51-1. On vehicles imported into the customs territory of Ukraine on the basis of the declaration on the list of goods recognized as humanitarian aid before the entry into force of the Resolution of the Cabinet of Ministers of Ukraine dated September 05, 2023 No. 953 “Some issues of passing and accounting of humanitarian assistance in conditions of martial law” (Official Gazette of Ukraine, 2023, No. 87, Art. 368) and are on temporary state registration, at the request of the owner or authorized representative, a certificate of registration for trips abroad is issued in the name of the owner of such a vehicle “.

It is necessary to add the possibility of using this paragraph for vehicles imported into the customs territory of Ukraine on the basis of the declaration on the list of goods recognized as humanitarian aid in the form provided for by the Resolution of the Cabinet of Ministers of Ukraine of March 01, 2022. № 174)

NGO “Social Perspective”;

Charitable organization “Charitable Foundation “Ukraine in our hearts”;

Prokipchuk Levko Ihorovych

This requirement is provided for in the draft resolution.