My biometric passport was not produced on time. Can I expect compensat...
16.08.2017
My biometric passport was not produced on time. Can I expect compensation?
In Ukraine, the second month of the catastrophic delays with the issuance of biometric passports, because of which many people disrupt planned trips. Some even in a hurry are opening a Schengen visa for travel to Europe, without waiting for a foreign passport.
"The Country" decided to find out whether Ukrainians are reimbursed for the disruption of the production of foreign passports and planned trips to Europe.
Do you have the right to compensation for damages
Recall that biometrics in Ukraine can be issued in two terms: for seven (according to the accelerated procedure) or for 20 working days. "Fast" passport costs 810 hryvnia, "slow" - 557 hryvnia. If you submit documents through the passport service of the DP "Document" (including the document-service "Done"), in both cases you will have to throw 400 additional hryvnias for the center's services: that is, the passport will cost 1210 hryvnia or 957 hryvnia, respectively.
But because of the increased demand, the only country-wide Polygraph Combine "Ukraine" that manufactures biometrics can not cope with the number of orders. As a result, a passport, which was supposed to be ready in 7 days, becomes a minimum of 20 days. And those who ordered the document for 20 days, can wait for a month and a half.
Such breakdowns of deadlines are a violation of consumers' rights, lawyers say.
Consequently, all Ukrainians who did not receive a passport on time (that is, they were not provided with a paid service within the agreed period) are entitled to apply to the court and claim damages.
So, according to Article 10 of the Law of Ukraine "On Protection of Consumer Rights", the consumer has the right to refuse from the contract on rendering services and demand compensation of losses, "if the executor did not start fulfilling obligations under the contract in a timely manner or performs work so slowly that to finish it in a certain period Becomes impossible ".
The service provider in this case is any CASU (Centers for the provision of adminservices), offices of the State Migration Service and passport services of the State Enterprise "Document", in which the citizen submitted documents for the registration of a passport and paid for the service.
In addition, the Law says: if during the rendering of the service it becomes apparent that it will not be performed due to the fault of the executor under the terms of the contract, the consumer has the right to appoint an appropriate term to the performer to eliminate the deficiencies. And in case of non-fulfillment of this requirement at a certain time - terminate the contract and claim damages.
In the event that the executor is late for the provision of the service under the contract, for each day of delay he is obliged to pay to the consumer a fine of 3% of the cost of the service.
For example, if you paid 1210 hryvnia for a biometric passport that should have been ready for 7 days, and in the end, you waited for it, say, 20 days, then you are obliged to refund 3% (36 hryvnia) from 1200 hryvnia for 13 days overdue . It turns out that 468 hryvnia.
If you made out an urgent passport in the usual branch of the migration service (for 810 hryvnia), then for each day of delay you must pay 24.3 hryvnia - only 315.9 hryvnia.
In addition, the recipient of the service has the right to additional compensation for moral and material damage. If, for example, because of untimely production of a passport, a person has lost a trip, a vacation ticket, tickets for a plane, a commercial transaction or a business trip due to the untimely production of documents were lost. The amount of such penalties is determined depending on each specific case at the request of the plaintiff.
"We do not take responsibility"
But in the case of overdue manufacturing of passports there is one nuance.
The Public Agreement on the provision of passport service "Document" states: "The Contractor shall not be liable to the Customer for the occurrence of delays in the provision of the Service, if such delays are beyond the control of the Contractor."
By this wording, the perpetrator, in the person of the migration service, actually absolves himself of the responsibility for not meeting the deadlines for the production of the passport. Taking into account this point in the contract, it will be difficult to get some compensation to the consumer.
After all, officially in the migration service they say that delays occur at the stage of printing documents by the polygraph combine "Ukraine", which does not have time to produce passports - there are too many interested people. And at the stage of receiving documents there are no failures.
"When people come to us to make out a biometric passport, we conclude an agreement with them.The contract clearly outlines our responsibilities: remove biometric data, take photos and prepare all documents for printing a passport, send them to the migration service, and she already redirects them to the PC" Ukraine. "But the seal of the document is not carried out by us, so the untimely issuance of passports is not made by us, but by the polygraph combine" Ukraine. "We fulfill all our duties in accordance with the agreement on time," notes in the commentary Aria "Country" head of the press service of the DP "Document" Vladimir Polishchuk.
But the polygraph combine "Ukraine" can not act in this case Ham, because the contract with this enterprise a citizen does not conclude a passport. And the stamp does not cope with printing of passports in the right volumes because of too high a demand for biometrics. "Since the introduction of visa-free travel, we have already produced 600,000 passports, totaling more than 4 million since 2015, and only 162,000 Ukrainians used them!" This is an artificially created excitement, people draw up a passport and then simply put it under a pillow. Because of this, those people who really need to go abroad urgently suffer, "Yuriy Onishchenko, director of the PC" Ukraine, "told the" Country. "" We explained to people and we warned that there would be delays in issuing passports. Forces to influence the situation that Has come to life because of the abnormally high, purely psychological demand for biometrics because of the visa-free status. "But agree, keep a tripled staff of people or additional expensive equipment for this excitement, which will last only 1-2 months, does not make sense," notes in the commentary " Country "head of the press service of the State Migration Service Sergei Gunko. He recalled that the migration service" has already increased the number of places where it is possible to issue a passport, and the polygraph combine has already purchased additional equipment for printing. " Although, as the director of the PC "Ukraine" Yury Onishchenko previously reported to the "Country", the equipment will be put into operation only approximately in January 2018. Therefore, to help speed up the printing of foreign passports now, in the period of excitement, it will not help. It is difficult to sue, but it is possible But on the other hand, the fact that the time for manufacturing the passport was broken not through the fault of the migration service or the passport service subordinated to her, it is still necessary to prove. In this connection, the lawyer, the senior partner of the lawyer company "Kravets and Partners" Rostislav Kravets, That the chances of bringing officials to account for the disruption in the production of passports still exist. Another issue is that Ukrainians are not accustomed to defending their rights in court and are unlikely to want to get into a lawsuit that can drag on for years. "Formally, a claim for damages in accordance with the Consumer Rights Protection Law can be formally filed Because yes, indeed, the agreement provides for the possibility of evasion from the obligation to provide the service (passport registration) without any consequences, if this happened not through the fault of the executor. But it will be necessary to prove in court what was the reason The fact that the passport was not ready on time for which the person paid - there were no forms, electronic failures, lack of technical ability to print and provide the service on time, etc. And it will be difficult to prove this, "says Rostislav Kravets. The expert continues: "Therefore, in principle, if a person whose rights are violated, to whom the document was prepared in a timely manner, will go to court, then with a high degree of probability he will win this case.And yet, I do not think that the executor (that is, the migration service) should be afraid of foreclosure Damage. Since citizens of Ukraine are simply not ready to defend their rights in court. State bodies, the same Committee for the Protection of Consumer Rights, is also not particularly concerned with this. And on the other hand, it is extremely expensive and takes a lot of time. Especially considering the specifics of the current judicial reform and the shortage of judges. So the issue of collecting damages can last for 2-3 or even 4 years. Many will consider that the game is not worth the candle. As practice shows, out of a thousand people, at the very least, one will appeal to a court, "says Rostislav Kravets. According to Sergei Gunko, he does not know of any cases of being sent to the migration service with official complaints about the delay in making a passport - not to mention judicial Suits. "Not a single claim to our organization was not yet. But there are a lot of complaints about the delay of the passport, dozens, and maybe hundreds, - Vladimir Polishchuk admits. - Write to our e-mail, call the hotline, complain, leave messages on Facebook. All of these complaints are written by our legal service. I think the same complaints go directly to the migration service and to the CASU. But once again I will remind you that according to the public contract our duty is only to prepare all the documents, to take biometric data. We are not responsible for printing. "
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