Evacuator’s Services in Kyiv – Illegal Municipal Racket


Our achievements

  • Advocacy of state enterprise in the International Court of Arbitration (ICC), $ 44 million
  • Legal support of one of the candidates for mayoral position in pre-election campaign 2010.
  • Judicial support of president pre-election campaign 2010 on local levels
  • Reverse of Government Decree Concerning Pension Contribution for Private Entrepreneurs
  • Cars Evacuation is Revoked in Kyiv
  • Case "Karaoke on the Maidan"
  • Case "Koretsky vs. Ukraine"

Evacuator’s Services in Kyiv – Illegal Municipal Racket


12-01-2009

The car can be evacuated if the owner parked his car in the place where parking was not allowed. Public utility company “Kyivtransparkservice” demands owner to pay for following services (besides paying a fine for road laws violation):

  • evacuator-call;
  • vehicle loading onto the evacuator;
  • vehicle delivery into the penalty area.

“Such kind of activity provided by public utility companyKyivtransparkserviceis not on legal ground. There are no reasons to evacuate a vehicle in such way”. –Andrii Nechyporenko says.

The new norm, which article 265-2 of Administrative Code contains, does not foresee any possibility to stop a car in case of parking rule violation by its driver.

When Public Utility Company imposes a penalty for car evacuation it seems questionable with relation to law. According to work and labour contract one contracting party (a contractor) has to fulfill a certain work which is stipulated by the second contracting party (a customer), and the customer has to accept it and pay for it (part 1, article 837 of Civil Code of Ukraine).

In case of a vehicle requisitioning by evacuators the owner of the car doesn’t give any job for public utility company “Kyivtransparkservice” as to evacuate his car, moreover, such requisitioning happens against owner’s will. In other words, the owner has to pay for services which he didn’t order, that are not only illegal, but completely nonsense.

“Such kind of activity – is illegal municipal racket, which is realized under citizens’ welfare coverage with help of authority powers”. – Andrii Nechyporenko is persevered.

Law Firms attorney-at-law considers a new decree of Cabinet of ministers of Ukraine #1102 from 17 December 2008 in the same critical way. It was passed to work out in detail the article 265-2 of Administrative Code of Ukraine, but some norms of this decree contradict the article itself.

Probably the vehicle evacuation is the way to control wrongdoers who brake parking rules, but it has to be only according to the law.

RELATED STORIES:

How to Return Your Car from Penalty Area and Not to Pay for Evacuator’s Services

A Petition about Vehicle Returning / Document

Wheels Locking is Illegal




Back to news list