Lawyer in you (Tips 21-25)
Tip 21: How much alcohol can be brought across the
Almost every person came across the issue of cross-border liquids transportation. Usually the question is in the amount of strong drinks thoroughly chosen for personal use or as a gift. So how much "demon drinks" individual citizen is allowed to bring from abroad?
This issue is clearly defined by the Article 376 of the new Customs Code of Ukraine:
• 5 liters of beer,
• 2 liters of wine,
• 1 liter of strong alcoholic beverages (spirits with alcohol content of more than 22%).
And all this can be brought without declaration and without customs duties (except when a person left Ukraine less than 24 hours before returning to the country). At that, anyone under 18 years of age is not allowed to bring in alcoholic beverages.
Legislative act: http://zakon2.rada.gov.ua/laws/show/4495%D0%B3-17/paran734#n734
Tip 22: Speed and traffic regulations
In 2012 some changes were made to traffic rules on speed limits in Ukraine.
Maybe some of you still remember that in 2009 new rules for speed limits were established in Ukraine. Any additional speed limit, except during repair works on roads was prohibited; speed up to 110 km per hour was allowed outside cities on roads with segregation of opposed streams; and increase (in consultation with State Road Inspection) of speed limits on some roads was allowed (http://zakon2.rada.gov.ua/laws/show/395-2009-%D0%BF). Due to these innovations, some drivers were able to avoid fines for speed limits "violations" near traffic police stations or on the "unsafe" areas (with "old" speed limit signs), in the absence of repair works.
But on 18.07.2012 the Resolution of Cabinet of Ministers №668 was adopted (http://zakon2.rada.gov.ua/laws/show/668-2012-%D0%BF), and these liberties were severely limited. In particular, additional speed limit can now be installed not only during repair works, but virtually anywhere and anytime. Therefore, although it remains the rule that if road signs are installed with violations the driver can not be held liable for ignoring the sign, it become much more difficult to prove that the sigh was installed with violations.
I should note that this post is not a political agitation and calls for fast driving : )
Remember that driving a car involves increased risk and responsibility. The moral damage in case of health injuries is to be refunded regardless of driver’s fault, and the material damage - if the driver doesn’t prove that the damage was caused by intent of the victim or force majeure.
Tip 23: Parking fees
Street cuffs on cars’ wheels are no longer threatening drivers of Ukraine but the parking employees sometimes continue to threaten them. Who knows that according to the legislation a parking fee in cash is allowed only through the parking meter or a terminal?
And this is so from 1 April 2012, thanks to the revised version of the Resolution of the Cabinet of Ministers of Ukraine №1342. Therefore, the requirement to pay in cash to a parking employee is now illegal.
What does it mean? That if there are no parking meters the parking lot doesn’t correspond to the requirements of the Decree №1342 (see Paragraph 14). On such parking the car owner simply cannot (due to the fault of the operator parking) pay for parking. The exception to this rule about the availability of parking meters - an agreement about parking for at least a month.
What else should be on parking lot? Parking sign, marking, parking employee certificate, "Kyivtransparkservis" badge of a parking employee, layout of parking and the decision of the Kyiv City Council that this is paid parking. The amount of payment is established by local authorities.
It is also useful to know that free parking is allowed for 10 minutes after the end of the paid parking time.
And yet - if the car owner refuses to pay for parking, parking employee has no right to stop the driver (by special means or barrier). A parking employee can draw up an act, involve two witnesses to sign it and file a claim to court.
In any case it is worth remembering that a parking employee is not responsible for the safety of vehicles placed on the parking lot.
http://zakon1.rada.gov.ua/laws/show/1342-2009-%D0%BF (Note: Section 31, paragraph 1 of the Decree number 1342 declared illegal).
Tip 24: How to withdraw a credit
In times difficult for banks, borrowers are also at risk. There are many stories that some time after withdrawing a credit, the borrower began to receive notices from collectors about the debt or a new loan, opened in borrower’s name.
To protect themselves from possible claims of the bank and unnecessary litigation in the future, borrower can, as a minimum:
1. diligently store all the documents related to the credit for at least three years, and
2. after final credit repayment request the bank to issue a certificate confirming that there is no debt.
Sometimes banks do not hurry (or "forget") to issue such certificates, so it is worth recalling Article 545 of the Civil Code of Ukraine, which provides for the issuance of such a document.
PS: the topic is complex and is not limited to what has been said above. The global advice is to carefully read contracts, especially with banks.
See the Civil Code of Ukraine: http://zakon2.rada.gov.ua/laws/show/435-15
Tip 25: Who is liable for potholes on roads
State represented by local department of Ukravtodor is responsible for roads in Ukraine, but only if the department has received funding for the roads’ repair.
In case road section is not all right (according to the state standards №3587-97 the depth of separate subsidence and potholes on the road should not exceed 4 cm, the maximum height of gibbosities should not exceed 2 cm) is better and easier to write an appeal demanding the repair of the road than later to demand compensation.
In case due to potholes (other than small pits) a driver had to cross a double centre strip with no risk to other persons, such a driver may be released from administrative liability on the basis of Articles 17,18 of the Code of Ukraine on Administrative Offenses (CUAO).
Law of Ukraine "On Roads»: http://zakon1.rada.gov.ua/laws/show/2862-15