The Enterprise turned to the Law Firm “Winner” to challenge the illegal actions of the Ukrtransbezpeka Department.
In November, the Enterprise received a Resolution from the Ukrtransbezpeka Department on the application of an administrative fine. By this document, the regulatory body decided to collect an administrative and economic fine in the amount of thirty-four thousand hryvnias from the Enterprise.
Our specialists analyzed the situation and all documents that, in the opinion of the regulatory body officials, confirmed the fact of a violation by the Enterprise. Disagreeing with the information set out in the Resolution, the lawyers of “Winner” drafted and filed a complaint, the pleading part of which demanded the cancellation of the Resolution.
The Resolution recorded that the Enterprise had violated Art. 48 of the Law of Ukraine “On Road Transport”, and the time and place of the offense are indicated: M-14 motorway, 75 km., 09/27/2019 at 15:04. But this information is not true for the following reasons. According to the “List of public roads of state importance”, approved by Resolution of the Cabinet of Ministers No. 55 dated 01/30/2019, the name of the motorway (motorway) with the M-14 index: Odessa – Melitopol – Novoazovsk (to Taganrog) (length 691.5 km). But the vehicles used by the Enterprise were not on the M-14 motorway on the day of the violation.
In addition, the Enterprise did not receive any notifications about the possible consideration of the case on the violation for which a Resolution was issued against the company. And this is a gross violation of Art. 26 of the “Procedure for State Control over Road Transport”, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1567 dated 08.12.2006.
Numerous errors of the regulatory body made it possible to prove that the Resolution was subject to cancellation, since it was adopted in violation of the norms approved by the “Procedure for State Control over Road Transport”. Based on the results of the complaint review, the Resolution was canceled, and the client is satisfied with the work of the “Winner” lawyers.
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