“Postal” law, contrary to EU rules, already needs to be changed due to risks of monopolization


The deputies ignored the requirements of the agreement between Ukraine and the EU on the Association and European standards for regulating the industry, and already since December, the postal industry in Ukraine has been regulated by an imperfect law. Already now it needs urgent changes.

The document adopted by legislators has increased state administrative pressure on business, created corruption risks and is already showing shortcomings that could lead to market monopolization, especially in the field of international postal departures.

About thisChannel 24told in the company “Nova Poshta”. The express delivery operator has already submitted relevant proposals and comments to the relevant parliamentary committee in order to urge deputies to work on improving the document regulating the industry.

How the new law does impossible for Ukrainian operators to work on the international market

The law provides for the right and opportunity to carry out international postal exchange in places of international postal exchange to designated postal operators, postal operators that have an operator code in the Universal Postal Union (ABC) on the day the law enters into force, and postal operators. , which will receive an operator code in the Air Force after the entry into force of this law.

Novaya Poshta, fulfilling the requirements of the law, turned to the Universal Postal Union with a request to provide the company with an appropriate code. But I received an official response that since 2007 the Universal Postal Unionsuch codes are not issued to postal operators that do not have the status of a designated operator. Accordingly, the Universal Postal Union is not in a position to assign the company code “Nova Poshta”. This means that the law has closed access to work on the international marketand other independent Ukrainian operators – legislative regulation has created a barrier to the development of a competitive market for international postal items in Ukraine. Consequently, the Ukrainian market for international shipments will be divided between two operators with a special Air Force code – the state-owned Ukrposhta and the private service Most Express.

Letter of refusal/Photo courtesy of Channel 24

Although in the EU itself, the presence of such a code is completely optional. This was determined by the European Court of Justice: back in 2007, by its decision, it rejected the monopolization of the provision of such codes to individual operators on the territory of the EU member states, subject to the existence of a developed competitive environment that ensures the continuity of the provision of postal services. Consequently, the provisions of the Ukrainian postal law are contrary to EU practice. And the deputies “driven” the Ukrainians into a monopoly trap – people simply have no choice. After all, without changes to the law that would bring it into line with European regulatory practice, access to the market for all other operators is simply closed – it will become monopolized.

“The above circumstances fully testify to the factual and practical invalidity of the mechanism for implementing the idea laid down in the Law of Ukraine “On Postal Communications” about the need to prevent manifestations of monopolization in the postal services market in the field of international postal exchange. Considering the above, we ask you to initiate the development and implementation of urgent amendments to the Law of Ukraine “On Postal Communications”, which would allow postal operators to participate in international postal exchange on the basis of free competition with clearly established rules and requirements.

Implementation of international cooperation in the provision of postal services should take place on free, transparent and equal conditions for all participants, – indicates “Nova Poshta” in an official appeal to the head of the Parliamentary Committee on Transport and Infrastructure Yuri Kisel, who is responsible for the development of legislators base for regulating the postal industry.

Besides this serious shortcoming, the law adopted by the deputies has other shortcomings. It also contradicts European regulatory practice and industry standards. Sooner or later, the deputies will have to rewrite the law – Ukraine should harmonize its legislation with the European one on the way to the EU.

Still at the stage of work in parliament on the bill, which since December 2022 has already been regulating postal activities in Ukraine, people spoke out against it otherserious remarks. But the deputies ignored them.

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