Report on basic monitoring of the effectiveness of the Resolution of the Cabinet of Ministers of Ukraine dated January 23, 2019 № 46 “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine”

1. Type and name of the regulatory act

Resolution of the Cabinet of Ministers of Ukraine dated January 23, 2019 No. 46
“On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine” (hereinafter — the regulatory act).

2. Basic Tracking Activity Performer Name

Ministry of Internal Affairs of Ukraine.

3. Objectives of the adoption of the act

The main purpose of the adoption of the regulatory act is to improve the quality of the procedure for checking the technical condition of wheeled vehicles subject to mandatory technical control, the introduction of an effective mechanism of state control over the passage of mandatory technical control of vehicles, as well as the elimination of certain gaps in the current regulatory acts regulating the conduct of mandatory technical control of vehicles.

4. Term of implementation of measures for basic monitoring of the effectiveness of a regulatory act

The analysis of the regulatory impact involved carrying out measures for basic tracking of the effectiveness of the act before the entry into force of this act through the analysis of statistical data.

In accordance with Article 10 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”, if only statistical data are used to determine the values of performance indicators of a regulatory act, basic performance tracking can be carried out after the entry into force of this regulatory act or the entry into force of most of its provisions.

Only statistical data were used to track the performance of the act, so the basic performance tracking was carried out after the entry into force of this regulatory act from January 08 to December 01, 2020.

5. Tracking Type

Basic tracking of the performance of the act.

6. Methods for obtaining tracking results

Tracking the effectiveness of the regulatory act is carried out by the method of quantitative and qualitative analysis of the information transmitted by the subjects of the OTC to the nationwide database on the results of mandatory technical control of vehicles, which is a component of the Unified State Register of the Ministry of Internal Affairs, by comparing statistical data.

7. Data and assumptions based on which performance was tracked, as well as methods of obtaining data

The results of tracking the regulatory act were obtained on the basis of the analysis of data obtained from the Unified State Register of the Ministry of Internal Affairs, on the number of OTC subjects, the number transferred by the subjects of mandatory technical control of vehicles (hereinafter — the OTC subjects) information to the national database on the results of mandatory technical control of vehicles, on the protocols for checking the technical condition of wheeled vehicles issued by them, acts of non-compliance with the technical condition, as well as the number of documents recognized during the State control is invalid.

8. Quantitative and qualitative values of indicators of the effectiveness of the act

The implementation of the regulatory act did not require the allocation of additional funds to ensure the proposed regulation.

The publication and implementation of the regulatory act did not entail additional costs from the State Budget of Ukraine.

The action of the regulatory act applies to all business entities that check the technical condition of vehicles during mandatory technical control.

The action of the act did not lead to an increase in the cost of works or an increase in the duration of their execution for business entities associated with the fulfillment of the requirements of the act.

The level of awareness of business entities and/or individuals on the main provisions of the regulatory act is high and was ensured by posting a resolution of the Cabinet of Ministers of Ukraine on the official website of the Ministry of Internal Affairs of Ukraine.

Ensuring a qualitative and objective process of checking the technical condition of vehicles by OTC entities, as well as preventing them from violating the legislation in the field of mandatory technical control before the entry into force of the act was impossible due to the lack of defined procedures for maintaining the register of subjects for conducting mandatory technical control and the procedure for monitoring information on the results of mandatory technical control transferred by the subjects of mandatory technical control to the national database.

To date, the Ministry of Internal Affairs of Ukraine, by order of August 28, 2019 No. 736, registered with the Ministry of Justice of Ukraine on September 18, 2019 under No. 1036/34007, approved the Procedure for maintaining the register of subjects of mandatory technical control. This procedure establishes the mechanism for maintaining the register of subjects of mandatory technical control of vehicles (hereinafter — the register of the SOTC), and also determines the list and sources of information entered in the register of the SOTC, which ensures the objectivity, timeliness and completeness of the entry of said information.

In addition, for the period from May 04 to December 01, 2020, information about 116 entities of OTC was entered into the register of subjects of mandatory technical control of vehicles (hereinafter — the register), and for the same period in 2018, information about 16 entities of OTC was entered into the register.

The Order of the Ministry of Internal Affairs of Ukraine dated November 06, 2019 No. 928, registered with the Ministry of Justice of Ukraine on January 10, 2020 under No. 31/34314, approved the Procedure for Monitoring Information on the Results of Mandatory Technical Control Transmitted by Subjects of Mandatory Technical Control to the Nationwide Database. This procedure establishes the procedure for monitoring information on the results of mandatory technical control transmitted by the subjects of mandatory technical control to the nationwide database (hereinafter referred to as monitoring), determines the grounds for recognizing the protocol of checking the technical condition of vehicles as invalid, and establishes the form of documents that are prepared according to the results conducting monitoring.

At the same time, for the period from May 04 to December 01, 2020, in accordance with the requirements of the Procedure for monitoring information on the results of mandatory technical control transmitted by the subjects of mandatory technical control to the nationwide database, 850 protocols for checking the technical condition of vehicles issued in violation of the legislation in the field of conducting OTC were detected, and Responsive measures have been taken in relation to 76 OTC entities.

9. Evaluation of the possible results of the implementation of the regulatory act and the degree of achievement of the specified goals

Based on the results of the basic monitoring of the effectiveness of the regulatory act, it can be concluded that its implementation has ensured transparency and openness of the registry, contributes to a qualitative and objective verification of the technical condition of vehicles by OTC subjects, and also makes it impossible to operate the vehicles to be operated undergo mandatory technical control, but did not pass it in a timely manner.

T. v. o. Minister of Internal Affairs of Ukraine Serhiy YAROVYI