There is the draft Law #3927 by 22.07.2020 registered in Verkhovna Rada (Parliament) of Ukraine stipulating the establishment of National Transport Regulatory Commission (NTRC) intended for transport services and tariffs control.
The bill was developed by 11 deputies (MPs) including Heads of Transport and Infrastructure Commission and Railway Transport Subcommission of VRU.
The draft law envisages creation of National Commission providing public regulation in the transport sector, its tasks, functions, powers and procedures of their exercising.
The bill refers to the utilisation of rail tracks, operations control services, railway stations and other infrastructure objects securing the traffic of rail transport of general use, and control of air traffic, as well as to the special services in river and sea ports, sea fishery ports, and airports.
“The regulator is going to provide the public control, monitoring, and supervision of natural monopolies subjects in the sphere of transport, as well as of business entities acting at adjacent markets in the transport sector”, says the bill’s explanatory note.
In particular, NTRC’s scope would embrace forming of tariffs (dues, charges) for the services rendered by subjects of natural monopolies in the field of transport, as the use of rail tracks, dispatcher services, stations and other infrastructure sites providing for the general-duty railway transport.
Moreover, the explanatory note indicates that the regulator should fulfil issuance of licenses for the rights to perform in the spheres of railway, maritime, and air transport, as well as check the license conditions fulfilment.
It is pointed out that the regulator should exercise public control by statutory regulation, forming of prices and tariffs policies in the transport sector, and by realisation of relevant policy in cases where such powers are granted to the regulator by law, as well by means of the state supervision and bringing pressure.
Let’s note that another draft was issued for public hearing at the web site of Ministry of Infrastructure of Ukraine back on 23 July, though the first version had been published as early as May.
Both drafts were widely criticised by business which insisted on its deep re-wording. The main business’s claims concerned the commission’s independence. The current wording envisages a non-transparent mechanism of the selection of members to Contest Commission which would in its turn select the members of NTRC. Such a pattern to many opinions is going to impeach the members independence.
https://cfts.org.ua/news/2020/07/24/v_rade_zaregistrirovan_zakonoproekt_o_nkrt_59885