By its resolution, Transcarpathian Regional Administrative Court upheld the claim of Uzhgorod prosecutors and quashed the decision of Uzhgorod City Council dd. October 24, 2013, which amended the Rules of improvement of Uzhgorod, in particular introduced the term "pedestrian zone". Since, this term has long been provided by Traffic Rules, is applied throughout the territory of Ukraine and does not require duplication by local authorities.
Another amendment to the decision was the prohibition of travel and parking of vehicles in the pedestrian zone without proper permits. This decision was made in violation of applicable laws and was subject to cancellation because according to the Law of Ukraine "On Road Traffic", all issues of traffic and its safety are governed exclusively by the Traffic Rules approved by the Cabinet of Ministers of Ukraine.
Also, according to the Law of Ukraine "On the improvement of human settlements", the Inprovement Rules do not provide that individuals and entities shall be obliged to receive any permits. In addition, in accordance with those Rules, local governments are not authorized to issue such permits.
There were also violations of the said decision making procedure. In particular, according to the Law of Ukraine "On the Principles of Regulatory Policy in Economic Activity", the draft of the said decision to amend the city Improvement Rules was subject to public consultation. That is, Uzhgorod City Council had to publish the draft decision and to organize public discussion with members of the public for comments and suggestions, the press service of the city prosecutor’s office reported.
Залишити відгук
You must be logged in to post a comment.