Modernization of the global automotive industry, the latest technologies and the replacement of the internal combustion engine in cars with engines powered by batteries, not only changed the preferences of motorists on the planet, but also dramatically affected the used car market in Ukraine.
So, about three years ago inexpensive cars from the European countries and the USA became popular in our State.
Those who have faced the purchase of vehicles with foreign registration know that the tempting price is almost the only factor that makes you take a risk for the sake of a long-awaited dream.
Happy owners of cars with foreign registration are forced to go through a number of procedures and regulations aimed at customs clearance of their car and its registration. One of the mandatory elements of registration of vehicles imported from abroad is certification of conformity.
In accordance with the Procedure for state registration (re-registration), deregistration of cars, buses and self-propelled vehicles constructed on the chassis of cars, motorcycles of all types, brands and models, trailers, semi-trailers, wheelchairs, other similar vehicles and mopeds (hereinafter – Procedure), approved by the resolution of the Cabinet of Ministers of Ukraine dated 07.09.1998 № 1388, item 10, the first state registration of vehicles that were in operation and imported into the customs territory of Ukraine for free circulation, conducts provided that the design and technical condition of the brand (model) of vehicles and their components with identification numbers, the mandatory requirements of the rules, regulations and standards of Ukraine, confirmed by a certificate of conformity or a certificate of recognition of a foreign certificate, a copy of which owners submitted to the service center of the Ministry of Internal Affairs.
On May 15, 2020, the law firm Revealing Information was approached by a client who tried to register a car imported from the United States of America at one of the Service Centers of the Ministry of Internal Affairs of Kyiv.
During the inspection of the documents, the registrar found a forged certificate of conformity and the car and its owner were taken to the Obolon UE GUNP in Kyiv. On this fact criminal proceedings on signs of the crimes provided by h. 1, 4 Art. 358 of the Criminal Code of Ukraine – forgery and use of a knowingly forged document.
The lawyers of Revealing Information immediately intervened and found that the certificate of conformity did have signs of forgery, as it did not comply with the established State Model approved by the Resolution of the Cabinet of Ministers of Ukraine. In turn, thanks to the professional actions of the defenders, the car was immediately returned to the rightful owner, and the persons who made money in the amount of UAH 5,500. the police are currently searching and they will be held criminally liable in the near future.
According to the resolution of the Cabinet of Ministers of Ukraine dated 09.06.2011 № 738 “Some issues of certification of vehicles, their parts for equipment”, the certificate of conformity is issued:
– by the manufacturer or his authorized representative – a resident of Ukraine, for each vehicle, the type of which meets the requirements of the uniform technical prescriptions, which is confirmed by the vehicle type certificate;
– authorized bodies or certification bodies designated by the Ministry of Infrastructure of Ukraine, accredited in accordance with the legislation, for each new vehicle that meets the requirements of uniform technical regulations, but the conformity of which is not confirmed by the vehicle type certificate, as well as the one that was in use .
Forms of type certificates and certificates of conformity are approved by Annexes 6 and 9 to the Procedure for approval of the design of vehicles, their parts and equipment, approved by the order of the Ministry of Infrastructure of Ukraine dated 17.08.2012 № 521, registered in the Ministry of Justice on 14.09.2012 for № 1586 / 21898.
Revealing Information urges owners of used cars from foreign countries to be extremely responsible in the procedure of customs clearance and registration of their cars, choosing only verified dealers, as well as entrepreneurs engaged in certification activities.