IMPROVEMENT PROBLEMS OF THE ISSUANCE (EXCHANGE) PROCEDURE OF DRIVING LICENSE

Author (s): Sykal М., Sorokina І., Nedilya R.

Work place:

Sykal М.,

Ph.D. in Law,

Associate Professor of the Department of Administrative, Civil and Commercial Law and Process,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

Sorokina І.,

Ph.D. in Law,

The Main Directorate of the National Police in Kyiv, Kyiv, Ukraine;

Nedilya R.

Academy of the State Penitentiary Service, Chernihiv, Ukraine;

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2019. № 2 (6): 109-116

https://doi.org/10.32755/sjcriminal.2019.02.109

Summary:

The article analyzes the ways of the procedure improving for the provision of such an administrative service as issuance (exchange) of driving license. During the analysis, the main provisions of the Directive 2006/126/EC of the European Parliament and of the Council on December 20, 2006 on driving licences are considered, as well as the provisions of the Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine (on the Implementation of Legislation and Definition the List of Administrative Services Provided by the Territorial Bodies of the Ministry of Internal Affairs of Ukraine)” No. 9251 dated November 1, 2018. The article compares the categories of vehicles in Ukraine and in the European Union countries, in which the list is much wider. It is clarified that in Ukraine it is also planned to expand the list of categories of vehicles in accordance with European standards, as a result there is a change in the procedure for issuance driving licenses and the procedure for admitting citizens to vehicles` driving.

The planned changes will be also concerned to the validity of driving licenses. So, at present, driving licenses are valid for 30 years, and the draft law provides for its reduction to 15 years. Drivers of trucks, buses and tractors will have to change their license every 5 years. For those who were first issued a driving license, a 2-year test period is provided with a prohibition to exceed the speed of 70 kilometers per hour.

As a result of the analysis of the procedure for the provision of such an administrative service as issuance (exchange) of driving license, a proposal is made to improve such a procedure by transferring the authority for the issuance (exchange) of driving license and registration (re-registration) of vehicles from the service centers of the Ministry of Internal Affairs of Ukraine to the centers of provision administrative services.

Key words: administrative services, Ministry of Internal Affairs of Ukraine, Issuance (exchange) of driving licenses.

References

  1. Ukraine (2014), On Amendments of the Association Agreement Between Ukraine, on the One Hand, and the European Union, the European Atomic Energy Community and Their Member Countries, on the Other Hand: Order, Cabinet of Ministers of Ukraine, Kyiv.
  2. France (2006), Directive 2006/126 / EC of the European Parliament and of the Council of 20 December 2006 on driving licences: Strasbourg.
  3. Ukraine (2014), Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine (on the Implementation of Legislation and the Definition of the List of Administrative Services Provided by the Territorial Bodies of the Ministry of Internal Affairs of Ukraine)”: Draft Law of Ukraine, Verkhovna Rada of Ukraine,
  4. Yosyfovych, D. (2017), “Providing of Administrative Services by the Ministry of Internal Affairs of Ukraine and the National Police”, Bulletin of the National University “Lviv Polytechnic”, 876 (15), рр. 131–137.
  5. Herashchenko, А. Yu. (2018), “Explanatory Note to the Draft Law of Ukraine “On Amendments to Several Legislative Acts of Ukraine (Regarding the Implementation of Legislation and the Definition of the List of Administrative Services Provided by the Territorial Bodies of the Ministry of Internal Affairs of Ukraine)”, available at: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=64879
  6. Shkolnyi, Ye. (2018), MIA Services: New Rules – Old Problems, Ukrainian Pravda, available at: https://www.pravda.com.ua/columns/2018/12/9/7200665/.
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