Government has exceeded the time-limit on two months in the context of the decision about the movement of goods in ATO area
13:00 / 22 Oct. 2015 / 206
Nowadays, October 22, exactly two months have passed since the day when the Cabinet of Ministers had to approve the procedure of the movement of goods from ATO area. Thus, the issue of movement of cargo in ATO area has no proper legislative regulation. It automatically creates the risks of abuse and corruption.
Such statement was made by lawyers of the community initiative “Restoring Donbas”, who analyzed the provisions of the Law “On amendments to some legislative acts of Ukraine concerning the procedure of movement of goods into or out the area of conduct of the anti-terrorist operation» (№649-VIII, from 07.17.2015).
According to this document, which came into force on August 23, 2015, the procedure of movement of goods must be approved by the Cabinet of Ministers only after its providing to the Security service of Ukraine. This issue has not been settled at the legislative level up to this moment.
“October last year, ATO Center (at the Security Service of Ukraine) identified ATO regions in its order. It includes both Donetsk and Luhansk regions. In particular, those settlements that are on the uncontrolled territories “, – Elena Petryaeva, the head of the community initiative, reminded.
However, she stressed that, according to the Law, which was initiated by the President of Ukraine, the Cabinet had to approve the procedure of the movement of goods till August 22. Nevertheless, there is still no official document. As a result, cargo transportation through the demarcation is regulated only by the temporary procedure approved by the Security Service of Ukraine in January 2015.
Though, according to the lawyers, such situation is considered to be an excess of the powers by the Security Service and the violation of the Law. Experts from “Restoring Donbas” insist on the necessity for maximum liberalization and humanization of the rules of transportation of goods and cargoes in ATO area, as well as their approval by the Cabinet. First of all, it comes about the excluding food, medicine and medical supplies from the list of prohibited goods and about the possibility to sue the remaining restrictions as the rule of law.
Let us remind, the community initiative “Restoring Donbas” has repeatedly made statements about the necessity to review the Temporary procedure. Its provisions violate the constitutional rights of citizens of Ukraine. In addition, we have claimed about the complete abolition of the throughput of pass-entry system through the demarcation line in the nearest future. In particular, relevant statement was sent to the Security Service of Ukraine in summer.