The Association appealed to the Ministry of Communities and Territories Development of Ukraine

As it is known, the Ministry of Infrastructure of Ukraine (now the Ministry of Community and Territorial Development of Ukraine) by its Order No. 441 dated June 22, 2022 amended the Coefficients applicable to the tariffs of the Collection of Tariffs for the Transportation of Goods by Rail within Ukraine and Related Services approved by the Order of the Ministry of Transport and Communications of Ukraine No. 317 dated March 26, 2009 (as amended by the Order of the Ministry of Infrastructure of Ukraine No. 205 dated March 22, 2019), increasing them by 1.7 times for all types of cargo starting from June 29, 2022.

Article 10 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” states that each regulatory act shall be subject to consistent basic, repeated and periodic monitoring of its effectiveness, which includes the implementation of performance monitoring measures, as well as the preparation and publication of a performance monitoring report.

In this case, the repeated tracking of the effectiveness of the regulatory act is carried out one year after its entry into force or the entry into force of most of its provisions, but no later than two years after the entry into force of this act or most of its provisions, unless an earlier deadline is established by the decision of the regulatory body that adopted this regulatory act.

The official website of the Ministry of Communities and Territories Development of Ukraine in the sections “Activities” → “Regulatory Activities” → “Tracking the Effectiveness of Adopted Regulatory Acts” does not contain information on the repeated tracking of the effectiveness of the Order of the Ministry of Infrastructure of Ukraine No. 441 of June 22, 2022.

In addition, tracking the effectiveness of the Order of the Ministry of Infrastructure of Ukraine No. 441 dated June 22, 2022 is not included in the Schedule of Measures for Tracking the Effectiveness of Regulatory Acts for 2025 by the Ministry of Community and Territorial Development of Ukraine approved by Order No. 1490 dated December 27, 2024, and there is no information on the approval of such schedules for 2023 and 2024 on the Ministry’s website.

In December 2024, the Supervisory Board of Ukrainian Railways approved a 37% increase in freight transportation tariffs and was to submit them for consideration by the Tariff Council under the Ministry of Communities and Territories Development of Ukraine.

The Association believes that introducing a new increase in tariffs for freight rail transportation without considering the assessment of the results of the previous regulatory act on the increase of such tariffs, namely the Order of the Ministry of Infrastructure of Ukraine dated June 22, 2022 No. 441, and the degree of achievement of the goals set by it is a significant violation of the requirements of the current legislation on regulatory policy.

Therefore, the Association appealed to the Ministry of Communities and Territories Development of Ukraine with a request to provide information on the following:

1. Has the Ministry of Communities and Territories Development of Ukraine re-tracked the effectiveness of the Order of the Ministry of Infrastructure of Ukraine No. 441 of June 22, 2022?
2. If so, where can the report on the re-tracking of the effectiveness of this order be found, and if not, why not?

If the re-tracking of the effectiveness of the Order of the Ministry of Infrastructure of Ukraine No. 441 dated June 22, 2022 was not carried out, the Association requests to include its consideration in the first quarter of the Schedule of measures to track the effectiveness of regulatory acts for 2025 by the Ministry of Communities and Territories Development of Ukraine, approved by Order No. 1490 dated December 27, 2024.

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