The law on Euro-plates: The rules of the game

Author : Volodymyr Pylypenko

Source : 112 Ukraine

On Thursday, Ukrainian parliament will finally try to consider the draft law No. 8488, designed to put an end to the issue of the cars bought in EU
18:59, 20 June 2018

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The authors of this legislative initiative promise to simplify the life of Ukrainian drivers and block the flow of illegal transport from Europe. And those who do not want to live in a new way, face considerable fines.

Thus, a draft Law of Ukraine No. 8488 ("On Amendments to the Customs Code of Ukraine and Certain Legislative Acts of Ukraine Concerning the Importation of Vehicles into the Customs Territory of Ukraine"), submitted for consideration by the Parliament, provides for a substantial increase in liability, that is, an increase in the penalties for violation of the import rules concerning cars and their management without state registration.

Related: Lithuania investigates legality of import of cars with European license plates to Ukraine

The whip is bigger than the carrot. It is useful for drivers to know that this law establishes a single term for the imposition of administrative penalties for cases of violation of customs regulations - 6 months from the date of detection of the offense. For today, certain types of violations of customs regulations, a period of 6 months is established from the day of the commission of the offense, and for others - 6 months from the date of detection of the offense. Thus, persons who violated customs regulations on the importation of cars (for example, a year or two years ago) will not be able to avoid liability.

Administrative responsibility is established if a person imported a car for personal use, but does not actually use it, and gives it to another person, and also if the car is bought for personal use, and it is used for entrepreneurial activities (for example, as a taxi).

The size of fines for violation of the time limits for the movement of vehicles for personal use in the customs transit regime also increase.

Currently, for exceeding the time limit of more than 10 days, the penalty is 325 USD. Deputies propose to establish a fine for exceeding the time limit from 10 to 20 days – 325 USD, from 20 to 30 days – 3,2 thousand USD, more than 30 days (as well as for loss or dismantling of vehicles) – 6,5 thousand USD, or confiscation by a court decision. If as a result of an accident, bodily injuries of medium gravity to another person are caused through the driver's fault, the maximum penalty for such a crime will be only 450 USD.

Related: Cars with Ukrainian plates to be fined in Crimea starting April 1

Penalties for violating the time limits for the movement of vehicles for personal use and commercial vehicles in the customs regime for temporary admission are also increasing.

Today, for exceeding the period of more than 10 days, the penalty is 653 USD. It is proposed to establish a fine for exceeding the time limit from 10 to 20 days - 653 USD, from 20 to 30 days – 3,2 thousand USD, for more than 30 days (as well as for loss or dismantling of vehicles) – 6,5 thousand USD, or their confiscation by a court decision.

It is interesting that it is possible to draw up a protocol for the violation of customs rules, even if a person who is brought to administrative responsibility is absent.

It also introduces administrative responsibility for driving a vehicle with respect to which the terms of its temporary importation and / or movement in the customs transit regime are violated, which is used for the purposes of entrepreneurial activity, transferred to possession, use or disposal of persons , who have not imported such a vehicle into the customs territory of Ukraine or were not placed in the customs transit regime.

The first fine will be 325 USD, and the second one will be 650 USD within a year, with the deprivation of the right to drive vehicles for a period of one year and with the payment for the withdrawal of the vehicle or without it.

Related: Roadmap for Ukraine’s Euro-integration includes 57 draft laws, 20 of them ready, - Parliament speaker

The police, in particular, are given the right to stop vehicles with foreign car plates.

The provision of the draft law on the increase in penalties will come into force 180 days after publication. That is, during this time, persons who today use non-cleared foreign cars must undergo the necessary procedures. In particular, they should carry out state registration of their cars.

Of course, every legislative barrel of honey has its own spoon of tar.

Bill No. 8488 defines completely different rules of the game. Whatever one may say, this will affect the performance of the state budget. However, contrary to the requirements of the Law on the Regulations of the Verkhovna Rada and the Budget Code of Ukraine, the draft was filed without appropriate calculations.

Therefore, the proposed size of fines is in no way financially and economically justified. Who exactly elaborated such figures – it is not clear.

Related: Poland opens case on financing Nord Stream 2

In addition, the draft law establishes liability for the loss of a car that was brought to the territory of Ukraine and not cleared in accordance with the procedure established by the law. In spite of this, those persons who have seized cars from use and ownership against their will (for example, as a result of theft) will be held accountable.

Yes, and do not forget about the ecological norm. The law abolishes restrictions on compliance with environmental standards for passenger cars that have been used. This will allow using vehicles that pollute the environment.

So, we will see whether the new rules will be able to resolve the Euro plates issue without limiting the rights of hundreds of thousands of Ukrainian drivers.

This column does not necessarily reflect the opinion of the editorial board or 112.International and its owners.

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