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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 7, 2022 No. 559

About approval of the Procedure for recovery of penalty for violation of the law about inland water transport

According to article 74 of the Law of Ukraine "About inland water transport" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for recovery of penalty for violation of the law about inland water transport which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 7, 2022, No. 559

Procedure for recovery of penalty for violation of the law about inland water transport

1. This Procedure determines the procedure of collection of administrative penalties (further - penalties) for violation by subjects of managing of the legislation on inland water transport whose list is determined by parts one - third article 74 of the Law of Ukraine "About inland water transport".

2. Cases on violation of the law on inland water transport (further - cases on offenses) are considered by the head of Administration of navigation, his deputies, heads of territorial authorities of Administration of navigation and their deputies taking into account the protocol received from the service employee of Administration of navigation (its territorial authority) which held event during which such violation which form is given in appendix 1 is revealed.

3. Recovery of penalty is performed in the presence of violation of the law about inland water transport by results of consideration of the case about offenses based on the resolution on application of administrative sanctions (penalties) (further - the resolution) which form is given in appendix 2.

4. Contents of the resolution shall correspond to part of the sixteenth article 74 of the Law of Ukraine "About inland water transport".

5. The resolution takes legal effect after its delivery to person to whom the penalty, or to the authorized representative of such person in the presence of the document confirming it powers, or receipts of the mail notification of delivery of the registered mailing, or about refusal in its obtaining, or returns of the registered mailing with mark about not delivery is applied.

6. The resolution is constituted in duplicate. One copy remains in Administration of navigation or its territorial authority which issued the decree, the second copy no later than three working days from the date of its removal goes to the person to whom the penalty is applied, or is issued to it or his authorized representative in the presence of the document confirming it powers, on receipt.

7. The penalty is subject to payment within 15 days from the date of the introduction in legal force of the resolution. The penalty is paid into the account opened for payment of penalties on details which the Administration of navigation will promulgate on the official website. The amount of penalties is credited in the government budget.

8. The subject of managing which during the term established in Item 7 of this Procedure paid the penalty amount shall within three working days from the date of, the penalty following behind day of payment of the amount, in writing to notify on it Administration of navigation (its territorial authority) with provision of the proof in payment confirmation of penalty (the copy of the payment order or the bank receipt, etc. certified in accordance with the established procedure).

The notification is constituted randomly electronically or in paper form. The proof in payment confirmation of penalty (the copy of the payment order or the bank receipt, etc. certified in accordance with the established procedure) is attached to the notification.

The notification in paper form goes to the postal address of Administration of navigation (its territorial authority).

The notification can be electronically directed to the official e-mail address of Administration of navigation (its territorial authority) in the form of the scanned copies or with use of the qualified digital signature according to requirements of the Laws of Ukraine "About electronic confidential services", "About electronic documents and electronic document management" and other acts of the legislation which regulate turnover of electronic documents.

9. In case of non receipt of navigation by Administration (its territorial authority) of the proof in payment confirmation of penalty in time, the stipulated in Item 7 presents About, the resolution goes for forced execution according to the procedure, established by the Law of Ukraine "About enforcement proceeding".

10. The resolution is the executive document according to the Law of Ukraine "About enforcement proceeding".

11. The resolution can be appealed in court according to the procedure, established by the law.

Appendix 1

to the Procedure

Protocol on violation of requirements of the legislation on inland water transport

See Appendix 1

Appendix 2

to the Procedure

The resolution on application of administrative sanctions (penalties), the stipulated in Article 74 Laws of Ukraine "About inland water transport"

See Appendix 2

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