In compliance with the requirements of Article 9 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”, we inform you about the publication on the official website of the Ministry of Internal Affairs of Ukraine (www.mvs.gov.ua) of the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for the Conversion of Vehicles” (hereinafter - the draft act).
The draft act was developed by the Ministry of Internal Affairs of Ukraine on its own initiative within the framework of measures to reform internal affairs bodies and improve their activities. The draft act provides for amendments to the Procedure for the conversion of vehicles approved by the Resolution of the Cabinet of Ministers of Ukraine dated July 21, 2010 No. 607.
The implementation of the act will ensure that the provisions of the Transformation Procedure are brought into line with legislative requirements, in particular Article 32 of the Law of Ukraine “On Road Traffic”, will contribute to deepening the deregulation processes in the field of monitoring the technical condition of vehicles and simplifying the provision of services for approving the conversion of vehicles to their owners — individuals and legal entities, and also the development of competitive principles in this area, and will also create favorable conditions for the further deregulation of the issues of approval of the conversion of vehicles by providing representatives of vehicle manufacturers, developers of technical documentation for the production of which they are or have, the authority to approve the possibility of their re-equipment.
Comments and proposals to the draft act from individuals and legal entities, their associations are accepted within a month from the date of publication in writing or in electronic form at the following addresses:
Main service center of the Ministry of Internal Affairs of Ukraine, ul. Lukianivska, 62, m. Kyiv, 04071, e-mail: [email protected];
State Regulatory Service of Ukraine, str. Arsenalnaya, 9/11, m. Kyiv, 01011, e-mail: [email protected]
EXPLANATORY NOTE to the Draft Resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for the Conversion of Vehicles”
1. Justification of the need to adopt the act
The draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for the Conversion of Vehicles” (hereinafter referred to as the draft resolution) was developed in accordance with subparagraphs 1 and 2 of paragraph 4 of the Regulation on the Ministry of Internal Affairs of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 28, 2015 No. 878, due to the need to calculation in the provisions of the Procedure for the conversion of vehicles, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 607 of July 21, 2010 (hereinafter referred to as the Procedure for Reequipment), the requirements of the Law of Ukraine “On Road Traffic ”, as well as the tasks of state policy in relation to decentralization and demonopolization of the activities of central executive bodies.
Thus, in accordance with the requirements of part two of Article 32 of the Law of Ukraine “On Road Traffic”, it is not allowed without agreement with the manufacturers of vehicles and their components or other specially authorized by the Cabinet of Ministers of Ukraine organization of conversion, which leads to a change in the total mass and its distribution along the axes, the location of the center of gravity, the type of engine, its weight and power, wheelbase or wheel formula, brake and steering systems and transmission. At the same time, the provisions of the Reequipment Procedure stipulate that the conversion of vehicles is agreed by specially authorized organizations, which currently include only the state-owned enterprise “DerzhAvtoTransNDIproekt”, which belongs to the sphere of management of the Ministry of Infrastructure of Ukraine, and the Main Service Center of the Ministry of Internal Affairs.
In this regard, there is a need to settle the issue regarding the possibility of approving the conversion of vehicles by their manufacturers, as provided for by law. In addition, the implementation of the tasks of the Government to further deregulate the activities of the executive authorities, in particular in the field of supervision of the technical condition of vehicles, as well as the development of competitive principles in the relevant economic activities, implies the expansion of the range of entities providing services for the approval of the conversion of vehicles, which can be achieved by granting the relevant right also to authorise representatives of vehicle manufacturers — residents of Ukraine who have the relevant technical documentation, information support of the manufacturer vehicle and are able to ensure the performance of work on compliance with the requirements in the field of structural safety of vehicles.
As a result, the introduction of the proposed changes will contribute to the expansion of the circle of entities that have the right to coordinate the conversion of vehicles.
2. Purpose and ways to achieve it
The purpose of developing the draft resolution is to bring the provisions of the Procedure for Re-equipment into line with legislative requirements, reduce the administrative influence of the state on individuals and legal entities upon receipt of a conciliation document regarding the possibility of re-equipment of vehicles and expand the range of organizations authorized to provide such documents. This takes into account the need to ensure an adequate level of control by state authorities on the safety of making changes to the design of vehicles during the implementation of economic activities for the conversion of vehicles.
It is proposed to achieve the set goal by making appropriate changes to the Order of Re-equipment provided for by the specified draft resolution.
3. Legal Aspects
This sphere of public relations is regulated by the Law of Ukraine “On Road Traffic”, Decisions of the Cabinet of Ministers of Ukraine dated July 21, 2010 No. 607 “On Approval of the Procedure for Re-equipment of Vehicles” and of September 07, 1998 No. 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, makes and models, trailers, semi-trailers, motorcycles, other vehicles and mopeds equivalent to them”.
4. Financial and economic justification
The implementation of the draft resolution will be carried out within the limits of the expenditure stipulated by the State Budget of Ukraine, and will not require additional material and financial expenses from the state budget.
5. Position of the bodies concerned
The draft resolution requires coordination with the Ministry of Economic Development and Trade of Ukraine, the Ministry of Finance of Ukraine, the Ministry of Infrastructure of Ukraine, the State Regulatory Service of Ukraine, as well as conducting a legal examination by the Ministry of Justice of Ukraine.
6. Regional aspect
The draft resolution does not address the issue of development of administrative-territorial units.
6 1. Preventing Discrimination
There are no provisions in the draft resolution that contain signs of discrimination. The draft resolution does not require public anti-discrimination examination.
7. Prevention of corruption
The draft resolution lacks rules and procedures that may contain risks of committing corruption offenses. The draft resolution does not require public anti-corruption expertise.
8. Public discussion
The draft resolution needs public discussion. The draft resolution is published on the official website of the Ministry of Internal Affairs of Ukraine at: http://mvs.gov.ua.
9. Position of social partners
The draft resolution does not concern the social and labor sphere.
10. Assessment of regulatory impact
The implementation of the draft resolution provides for the deepening of deregulation processes in the field of supervision of the technical condition of vehicles and simplification of the provision of services for the approval of the conversion of vehicles to their owners — individuals and legal entities.
The introduction of the amendments envisaged by the draft resolution also contributes to the development of competitive principles in the relevant economic activities.
The draft resolution is a regulatory act and corresponds to the principles of state regulatory policy.
10 1. Impact of the implementation of the act on the labor market
The draft act does not affect the labor market.
11. Results forecast
The adoption of the resolution will create favorable conditions for further deregulation of the issues of approval of the conversion of vehicles by granting authorized representatives of vehicle manufacturers — residents of Ukraine the authority to approve the conversion.
|
Minister of Internal Affairs of Ukraine |
Arsen Avakov |
___ ___________ 2017
Changes made to the Procedure for the conversion of vehicles - DOWNLOAD