The UAC appealed to President Volodymyr Zelenskyi to return the draft law 3743, which was adopted in the second reading for revision. The document amends the Code of Administrative Offenses of Ukraine on certain issues of dimensional and weight control.
However, the current draft law is discriminating toward shippers and, at the top of the harvest campaign threatens a number of high fines for farmers who send crops from the fields to ports.
“Without denying the need to resolve in this Project critical issues related to the prevention of roads’ destruction. Just notice the fact that this Project contains norms that are clearly discriminatory, violate the principles of justice and rule of law, and contradict the Article 61 - for one and the same offence, no one shall be brought twice to legal liability of the same type. The legal liability of a person is of an individual character,” it is mentioned in the document.
Yes, there is a clear bias in the application of penalties to carriers and shippers. Fines to shippers for UAH 51,000 are applied in case of any exceeding permissible weight norms. While the carrier will receive a fine if the excess is 5% or higher. Moreover, the shipper’s responsibility is not differentiated depending on the size of the excess, it is fixed and amounts to UAH 51,000. While for the carrier such differentiation exists: for exceeding in the range of 5-10% - a fine is UAH 8,500, 10-20% - UAH 17,000, 20-30% - UAH 34,000, more than 30% - UAH 51,000.
Also, if the carrier and the consignor are one person, in particular, during the carriage of goods by the consignor's own transport, such consignor will be held twice liable for the same violation (excess of weight) under Article 1321 (as a carrier) and Article 1322. (as a shipper), which contradicts part one of Article 61 of the Constitution, which stipulates that no one may be twice held legally liable for the same offense.
"Considering the above, we ask you, Mr Zelenskyi, taking into account the remarks, and, using the right provided by the Article 94 of the Constitution of Ukraine, to return the draft law of Ukraine "On Amendments to the Code of Ukraine about administrative offenses concerning separate questions of implementation of dimensional and weight control №3743 of 06.25.2020 to the Verkhovna Rada of Ukraine for reconsideration with the relevant proposals of the President (such proposals are added below), which will be aimed at correcting the shortcomings of the Project, eliminating discrimination against the shipper at the process of bringing him to administrative responsibility under the Article 1322 of the Code, and bringing the norms of the Project to the requirements of the Constitution of Ukraine regarding the legal liability of a person is of an individual character, for one and the same offence, no one shall be brought twice to legal liability of the same type,” is mentioned in the statemant..
A list of remarks you can find in the document:
