Owners of illegally provezennyh to Ukraine of cars will be held accountable.
Cars foreign numbers in Ukraine declared war. President Petro Poroshenko signed a decree instructed the Cabinet to develop mechanisms to combat illegally imported into the country, and uncleared vehicles and to eliminate the supply chain of these cars.
So, according to the presidential decree, the government is obliged to take urgent measures:
– to resolve the situation arising from the non-compliance of the customs legislation when used on the territory of Ukraine of vehicles on a foreign registration;
– improvement of legislation regulating the temporary importation of means of transport, their transit through the territory of the country, subject to the requirements of EU legislation and international treaties of Ukraine.
We decided to ask the lawyers, what is afraid of Ukrainian drivers, as well as how and when they will be held accountable for the management of illegally imported cars.
Rewrite the law
The decree of the President in itself does not establish any mechanisms or measures. He only makes it clear that the government will not maintain the status quo in the issue of uncleared cars. From the vague wording of the decree on “improvement of legislation” about the reasons for this decision can only be guessed: it is the desire of the head of state to “shut up shop” or tacit consent to the settlement of the question of bonded car without a war with the owners?
About what we learn from the subsequent actions of the Cabinet, lawyers say.
“I suppose that will be another bill (currently filed bills 5561, 5562, 5567, etc.), which settled the question of finding European cars on the territory of Ukraine and their temporary registration. Will this compromise document, I will consider whether the interests of car owners is an open question”, — said the lawyer of the legal consulting company “De jure” Roman Bondarev.
Apparently, the authorities will carefully handle the issue of responsibility for non-legislative initiatives.
But at the moment, this responsibility is already there: the fines provided by the Customs code and Kuppam. And they are tough enough. For example, if the driver is repeatedly caught in the uncleared car, he could face not only fines, but also community work and even confiscation of the car.
But this provision is rarely applied in practice: customs officers can check the documents only at customs, and the police do not have a date across the border. To the databases of the customs service they are not connected and ask you to confirm the date of crossing the border have no right.
What’s cooking “peresichnyi”
Therefore, it is expected unite efforts of the interior Ministry and the SFS, the police will open access to databases of the fiscal service. However, joint raids of the police and customs officers, even if the improvement of legislation possible rather as a one-time event: there is simply not enough staff, say lawyers.
“A systematization of accounting, that is, databases of such vehicles. The existence of the database “auto in foreign rooms” today is unknown to me. It is logical that such a database should be synchronized or consolidated on the basis of database of customs, border guards and national police,” — said the lawyer of JSC “Vasil Ario” Vadim Dynnik.
Also, lawyers do not exclude that will expand the functionality of the system “Boundary”, which already captures, detects and signals the detection on the roads cars have problems with the law.
It is not excluded and the use of law enforcement mobile and portable stations (computers) connected to the system, similar to a “Turn” which will allow online monitor the history of a particular car since crossing the border.
With regard to joint patrolling, in the case of database synchronization of all controls, joint patrols of police and customs officers will be optional, but may be used locally at customs terminals, or to promote innovation, experts say.
“If the ultimate goal of amendments to the legislation will be a real struggle with illegal import of cars, it can be assumed that the system of punishment will work on the principle of “to teach it.” Offenders probably will have to wait for confiscation of the vehicle and a penalty of 100% of the cost,” said Vadim Dynnik.
When you start to take the car
The drafting of bills in the Cabinet and in committees of the Verkhovna Rada lawyers predict the end of 2017 — early 2018, And given the high resonance of this topic in society and a huge number of potentially problematic cars on our roads, it is possible that the introduction of innovations into force to occur no earlier than the end of next year.
Implementation of any of the initiatives in our country comes down to political will. And the decree of the President clearly demonstrates it. But surely troubled excessively active owners and an obstacle (or Vice versa — catalyst) to the adoption of the documents will be civil society led by drivers of foreign vehicles and public organizations that support such motorists.
“Because of the huge number of owners of bonded cars worth to take into account the political component of the issue: the persecution one way or another will affect the power ratings, because the unpopular measures will affect millions of Ukrainians, for whom buying a car in a foreign room — the only way to have a car,” said Roman Bondarev.
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