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Ukrainians told about the pitfalls of the new law about Parking

Украинцам рассказали о подводных камнях нового закона о парковкеIt is necessary to know.

The Verkhovna Rada adopted the law No. 5364, toughening responsibility for illegal Parking. According to some lawyers, he introduces “a presumption of guilt of the owner” and, therefore, after its entry into force (this will happen after 180 days), the courts will be overwhelmed. Others believe that the state will be stronger and challenge the fines will be decided by few.

In a nutshell, the law obliges the local authorities in the cities to increase the area of Parking spaces along the roadways of streets, and the Parking equip automated Parking machines. To control the correctness of the Park introduced the Institute of the inspectors in the Parking lot. They will have the right to evacuate incorrectly parked vehicle towed.

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In order to prove the fact of illegal Parking, the police inspectors will be enough to capture it on photo or video, and then to issue a ruling on the penalty. Such a decision, a police officer shall attach to the windshield of the violator. Liability in this case, the government imposes on the owner of the car.

Contrary to the norm of the Constitution about personal responsibility

In the opinion of avtoyurist Vadim Volodarsky, the last point is the most controversial. To him the state is stepping on the same rake, which will not allow to work normally, and the law on video recording of traffic violations.

“The problem is that if this system will be implemented to send “letters of happiness”, given the decision of the constitutional court of 22 December 2010 will be all the grounds of appeal of these decisions simply on the principle of responsibility. And then clearly the COP then wrote that the principle that is not installed, a responsible person, is unconstitutional. That is, any legal liability, whether criminal, whether administrative, linked to the Commission of specific violation. Therefore, to impose liability on the owner only because it was the car when it is unknown who violated unconstitutional. In this decision, the COP can refer to the administrative appeal of such orders”, — says Vadim Volodarsky.

He believes that, without solving the problem of shortage of Parking spaces, the authorities will not do anything. “There will be scandals, conflicts, appeals of these decisions. If the law is working, the courts are inundated with such complaints. Then the question is not only financial sanctions, and in what position we have deliberately put drivers. Video recording as proof? But proof of what? It is impossible to make responsible the owner of that violated by someone unknown. Again, there will be big problems if they evacuate the vehicle. Firstly — what is the criteria? And secondly, again, this is violations of the 41st article of the Constitution,” said Volodarsky.

“Many will decide that it is easier to pay and forget”

In practice, say the auto experts, the law should make drivers looking for free Parking, or at least very very insolently not to stop under a sign “Parking is forbidden”. And if in small towns to put the car so as not to create problems for others, simply, in the same Kiev in the center or near a large Mall and BTS drivers will surely have to find metered Parking.

“I think that the number of disputes in the courts about this increase. But here such moment — and how it will be “profitable” for drivers? Whether to deal with the courts, given that the penalty is small. Many will decide that it is easier to pay than to spend money on court fees, lawyers, travel to court”, — shared his opinion with autonews.ua lawyer Andrew Dumpling.

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