BRDO experts developed a draft law on transport regulator

09-11-2020

The National Commission for State Regulation of Transport (hereinafter — NCRT) has been established for 20 years. Today this issue is urgent.

The powers of such a body are already enshrined in existing laws (now they are temporarily exercised by the Ministry of Infrastructure of Ukraine), and an effective railway transport reform, which is inevitable in the short run, is impossible without the establishment of the NCRT.

BRDO supports the establishment of the NCRT but warns that the draft law No.3927 “On the National Commission for State Regulation of Transport” contains some problematic issues that may prevent the creation of an effective and efficient regulator if adopted.

The Better Regulation Delivery Office analyzed the draft law and outlined its main shortcomings.

What to do?

BRDO experts developed an alternative draft law that not only addresses the shortcomings of the draft law No.3927 in terms of unconstitutionality and inconsistency with European obligations but also offers much more guarantees for the sustainable and uninterrupted operation of the independent and professional NCRT.

The draft law developed by the BRDO, like the draft law No.3927, is based on the text of the Law of Ukraine “On the National Commission for State Regulation of Energy and Public Utilities” in the version that contained the most requirements for transparency of the NCRT and guaranteed the widest possible involvement of non-governmental organizations and businesses to discuss draft decisions.

The draft law was developed taking into account the provisions of the Constitution of Ukraine and the decision of the Constitutional Court of Ukraine No.5-r/2019 of 13/06/2019; No.21-rp/2008 of 08/10/2008, Directive 2012/34/EU establishing a single European railway area, recommendations of the Organization for Economic Cooperation and Development, proposals of business associations and the Ukrainian context.

Read the draft law, comparative table with comments and explanatory infographics to the draft law here.

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