An entrepreneur contacted the Business Ombudsman Council after the State Service of Ukraine for Transport Safety issued several fine decisions against him. The authority considered him responsible for placing a child car seat on the market, which allegedly did not meet the established requirements, as well as for failing to comply with decisions concerning that product.
However, the entrepreneur insisted that he had no connection to the disputed product, that the inspection had been conducted without his participation, and that the link between him, the premises, and the product had not been properly established.
The Council reviewed the complaint materials and focused on the key question: had the State Service of Ukraine for Transport Safety proven that this particular entrepreneur was the proper liable party for the disputed product?
In its position, the Council emphasized that before imposing a fine, the controlling authority must clearly establish who actually sold, stored, distributed, or placed the product on the market. If this link is not proven, the conclusion on liability is premature.
The Council also noted that the State Service of Ukraine for Transport Safety should have properly examined the product’s supply chain and assessed the labeling and documents that could confirm its origin and compliance with the established requirements.
Procedural issues were also important. According to the entrepreneur, he had not been given a proper opportunity to participate in the inspection and provide explanations, while some of the corrective action decisions had been received only after the deadline set for their implementation. Under such circumstances, referring to non-compliance with those decisions could not serve as an undisputed ground for fines.
The Council asked the State Service of Ukraine for Transport Safety to review the complaint comprehensively and impartially, taking into account these arguments, as well as the principles of legal certainty and good administration.
As a result, the State Service of Ukraine for Transport Safety cancelled the administrative acts issued against the entrepreneur.
