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About Transport-Forwarding Activity

Original Language Title: Про транспортно-експедиторську діяльність

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About Transport and Operations
(Information of the Verkhovna Rada of Ukraine (VR), 2004, N 52, pp. 562)
{With changes under the Laws
N 1276-VI ( 1276-17 ) from 16.04.2009, VB, 2009, N 38, pp. 535
N 5060-VI ( 5060-17 ) 05.07.2012, VR, 2013, N 28, pp. 295}

This Act defines legal and organizational principles
Transport and transport activities in Ukraine and aimed at
creating conditions for its development and improvement.
Article 1. Term Definition
In this Act, the terms are used in this way:
Industrial Activity-Entrepreneurship
providing transport and emergency services to
organizations and ensuring the transport of export, import,
Transit or other goods;
Transport and transport services-work that directly
associated with the organization and ensuring the transport of the export,
import, transit or other cargo under the treaty
Transport expeditions;
The host, who is on charge of the client and for his account
executes or organises the execution of the transport and exercers
The services defined by the contract of the transport expedition;
Client-Consumer Services Consumer (legal or physical)
person), which by contract of a transport expedition by itself
or through a representative acting on his behalf, instructs the inspector.
execute or organize or ensure the execution of
by the agreement of the transport expedition of services and of the payment of the
Including the payment of the exposition;
The carrier is a legal or physical person who took over
Obligation and responsibility for the contract of carriage of goods
for delivery to the destination of the trustee of her cargo,
(b) Cargo transportation and delivery (s)
another person listed in the document governing the relationship between
Exspecter and carrier;
Participants in transport and expert activities-clients,
carriers, examiners, transport agents, ports, rail
stations, association and specialized railway enterprises,
of aviation, automotive, river and sea transport,
Customs brokers and other persons performing (provide services)
Transport of goods.
Article 2. Scope of this Act
The action of this Act extends to relations arising from
Transport expeditions of all types of transport,
Except the pipeline.
The provisions of this Act are also subject to cases where:
The caretaker's duties are carried out by the carrier.
Article 3. Legislation on transport and transport
Relations in the field of transport and transport activities
are governed by the Civil Code of Ukraine ( 435-15 ), Lord of the Lord
Code of Ukraine 436-15 ), by the laws of Ukraine "On transport"
( 232 /94-PL (b), "On foreign economic activities" 959-12 ),
"Cargo Transit" (PDF). 1172-14 ), by this Act, by other laws,
Transport codes and statutes, as well as other
Regulatory and legal acts issued according to them.
If the international treaty of Ukraine, consent to duty
which is given by the Verkhovna Rada of Ukraine, other rules established,
than those stipulated by this Act apply the rules of
international treaty.
Article 4. Set the activity of the exquedor
Transport and transport activities carried out by actors
The management of various forms of ownership, which to carry out the errands
customers or according to the technology of work may have: syllables,
various types of vehicles, containers, production facilities
Customer Assignments can be taught by clients
talk to carriers, ports, airlines,
shipping companies, etc. which are resident or non-residents
Transport-to-order activities can be carried out as
specialized enterprises (organizations) and other entities
Article 5. Union of Exists
Exemptions in accordance with legislation may
Voluntary conquests to unite in association: associations, leagues,
unions and so on.
The unification of the exspedians are created in order to:
Coordinating the activities of its members;
Developing and implementing measures to improve the level of
competition through the growth of professional training and quality
Services provided;
to protect the interests of their participants, including
Government authorities;
Participation in the development of draft laws and other regulations
In the field of transport and exposition activities;
To develop customer interest measures;
developing conditions of export-import shipments of goods
Strategic importance for Ukraine;
integration into the world market
Participation in the work of international transport organizations,
Transport and expat organizations;
Developing and approving acts stipulated by their installation.
Granting the state authorities to the proposals for implementation
the recommendations of international organizations in the field
Transport and recovery in Ukraine.
Article 6. State regulation of transport and air traffic
The main task of public regulation
Transport and transport activities are the protection of economic
interests of Ukraine, further development, development and formation
Market for transport and equipment.
The Cabinet of Ministers of Ukraine organizes and provides the
Public Policy and State Monitoring
International transport, directs and coordinates
the work of the executive authorities who carry out the state
Regulation in this field of activity.
Article 7. State Support for Transport and Exposition
State Support for Transport and Operations
is formed and implemented according to public programs
Economic development in the field of transport and envisages:
The retention of rights and legitimate interests of the examinators,
Carriers and consumers of their services;
To stimulate the growth of exports
Transport and facilitation services, including simplification
Calculation systems
creating equal conditions in the transport and exposition market
services and to prevent any discrimination against
The inspectors, the carriers, or the cargo for the sign of his place
origin, departure, import, or destination or
Communications with the right of ownership to this cargo, as well as
Taxation of transport and equipment, except for
Adequate response to discriminatory measures
Ukraine or economic sanctions of international organizations,
Supported by Ukraine;
Involvement of the examineers in the development of legal instruments with
Questions of transport and transport activities;
creating conditions for the organization of preparation and promotion
of the qualifications of workers in the field of transport and examination
promoting international cooperation, adaptation
legislation of Ukraine to international requirements in the field
Transportation and recovery activities.
Article 8. Types of transport and equipment services
Inspectors provide customers with services according to the requirements
legislation of Ukraine and states whose territory is transported
cargo, according to the service list defined in the rules
Exercise of transport and recovery activities, as well as other
services defined by the arrangement of parties in the contract of the transport
Transport and emergency services are provided to the customer at
Exports from Ukraine, imports to Ukraine, transit and territory of Ukraine
or other states, internal traffic in the territory of Ukraine.
Customers by customer:
provide optimum transport, as well as
Organize the transport of various modes of transport
territories of Ukraine and foreign states in accordance with treaties
(contracts) according to which parties have the right to use
known international customs, recommendations, rules of international
organs and organizations if it is not forbidden directly or in the
exclusive form of this and other laws of Ukraine; {Abzac second
of Part 3 of Article 8 in the edition of Act N 5060-VI ( 5060-17 )
of 05.07.2012}
Phrasing national, foreign vessels and attracting others
vehicles and provide them to the ports, by rail
stations, warehouses, terminals or other facilities for a timely manner
Loading of goods;
carrying out work related to accepting, accumulating,
{\f29 backup, } {\f29 , } {\f29 sorting, sorting, folding,
Transport of goods;
-There's an account of the receipt and departures of cargo from the ports,
Railway stations, warehouses, terminals or other facilities;
Organize the guards during their transport,
Advantages and storage
Organize the examination of goods;
carrying out the design of the goods and transport documentation
Report to the United States of America
In accordance with the legislative order of the participants
The transport and operations of the application for departure
Goods and goods in shipment;
provide the execution of a complex of departure
of the cargo, which came in an unconditioned state, with a marriage,
damaged, infirm, non-standard packaging or such that is not
Meet the requirements of the carriers;
Carry out the insurance and liability insurance;
provide training and additional transport equipment
and goods in accordance with the requirements of normative action
For the activities of the relevant vehicle;
provide optimization of the flow of material flows from
Cargo ship to cargo to reach
Minimum cost level
carry out calculations with ports, transport organizations
For transportation, advantage, storage of goods;
form documents and organize work according to
Customs, quarantine and sanitary requirements;
provide prepared transport, which has an additional
The equipment according to the requirements provided by the legislation;
provide other aids and sufferers
Transport and emergency services provided by the treaty
a transport expedition and not to contradict the legislation.
Article 9. Treaty of transport expedition and its
By the agreement of the transport expedition, one side
(an examinee) commits to a fee and at the expense of the second party
(client) execute or organize the execution of defined treaties
of services related to the transport of cargo.
The agreement of the transport expedition is in writing.
The essential conditions of the contract of the transport expedition are as follows:
information about the contract side:
for legal persons-residents of Ukraine: naming,
location and identification code in the Single State
Register of enterprises and organizations of Ukraine;
for legal persons-non-residents of Ukraine: naming,
location and state where the person is registered;
for physical persons-citizens of Ukraine: surname, name, by
parent, location of address and individual
ID number in the State Register of Physical Persons-
Taxpayers and other mandatory payments; {Abzac fifth
of the Third Article 9 with changes made under the Act
N 1276-VI ( 1276-17 ) 16.04.2009}
for individuals who are foreigners, persons without citizenship:
surname, name, by parent (availability), location
Living outside of Ukraine;
The kind of service of the exposition;
The appearance and naming of the cargo;
Rights, obligations of parties;
the responsibility of the parties, including the case of harm
The action of the unstoppable force;
The size of the supervisor;
Order of calculations;
Departure and destination of cargo;
Procedure for the pursuit of route changes, modes of transport,
as well as all the conditions under which a statement may be made at least one of the
the parties must be reached by consent.
External economic contracts (contracts)
expeditions must meet the requirements of the
Economic activity.
For the systematic provision of exertor services,
to have long-term (general) transport
In case of engaging the exspecter before fulfilling its obligations
by the contract of another person's expedition to the
with it an examitor can act on their behalf or on behalf of
By the agreement of the transport expedition, the examitor may
Arrange transport by one commodity-transport document
loads of several different clients that go from one point
departure and/or one destination, provided that
The examitor argues on behalf of all these clients as
Payload and/or cargo receiver.
The taxpayer is considered funds paid by the client.
Execorator for proper execution of the contract of the transport
The occupant ' s fee does not include the exposition of the expo on the
Payment of services (works) of other persons involved in the implementation of the treaty
transport expedition, on payment of fees (compulsory)
Payment of payments) paid for the contract of the transport
Confirming the expo cost is the documents (accounts,
invoice, etc.) issued by the host entities involved in
the contract of the transport expedition, or
Freight transport is accompanied by a freight transport
documents compiled by international communication, depending on
The chosen mode of transport or the state language, if cargo
Transport in Ukraine.
Such documents may be:
Air Waybill;
International auto invoice (CMR);
The SMGS invoices (inlet invoice);
Bill of Lading;
CIM overhead (CIM)
Cargo Manifest
Other documents defined by the laws of Ukraine.
Delivery of an exertor in transportation
confirmed by the only transport document or package
documents (rail, automotive, aviation, etc.)
The constelands), which reflect the direct route of the cargo from
It will be sent to its destination.
Article 10. Supervisor and Client Rights
The supervisor has the right to:
choose or change the mode of transport and the route of transport,
choose or change the order of the shipment, as well as the order
execution of transport and equipment services, acting in the interest of
client, according to the applicable transport agreement
indent client order in order of order
The contract of a transport expedition;
Reimbursement to the customer agreed with the volume of additional
costs arising from the contract of the transport
Expeditionary force, if such costs were exercised in the interest of
clear the cargo that is in its possession, to
The cost of paying an exspecter and reimbursement of expenses,
the customer is in the interest of the client, or to the point of another
ensuring the execution of the client with its obligations in the part of the payment
Pay the exspecter and reimburse the specified costs if the other is not
A transport expedition shall be established;
Do not proceed with contract obligations
a transport expedition to the client of all
required documents and other information about the properties
freight, the conditions of its transport, as well as other information,
required to carry out the exspecter of duties,
by a contract of transport.
Client has the right to:
Identify the route of the direct cargo and the mode of transport;
require the examer to provide information about the move
Cargo transport;
Giving instructions to the extruter who do not contradict the treaty
The transport expedition and the documents provided by the inspector;
change the shipping route and end route
The payload was reported prematurely to the exspector, with
Reimburse the costs of changing the route according to the treaty
A transport expedition.
The agreement of the transport expedition may be
The other rights of the expo and the client are predicted.
Article 11. Inspector's responsibilities
The examinitor is obliged to provide transport and expandering
services according to the contract of transport expeditions and
client instructions that agree with the exspecter in the installed
A treaty order.
If needed to indent client instructions, in particular in
the event of the threat of damage to cargo, people's safety and
environment, the examitor is required to pre-obtain consent
a client to such a retreat. If there is no feature
pre-report this or if the response to this request
did not get an exspecter due to the available circumstances of the rows,
The examitor has the right to act on his discretion by informing a client of
As soon as this message becomes possible.
The agreement of the transport expedition may be
There are also other responsibilities of the Inspector.
Article 12. Customer responsibilities
The customer is obliged to provide the execorator in a timely manner, accurate
and reliable information about naming, quantity, quality and
other characteristics of the cargo, its properties, its conditions
transport, other information required to perform the exspecter
of the Treaty of Transport, and
also documents relating to cargo that are required for
Exercise of customs, sanitary and other types of State control
and supervise, secure cargo transport conditions.
Client is required in the order stipulated by the treaty
A transport expedition, to pay the proper payment to the exspecter,
and also reimburse documented expenses incurred by
Equip in the interest of the customer for the fulfillment of the contract
A transport expedition.
The agreement of the transport expedition may be
The client's duties are the same.
Article 13. Insurance in Transport and Forwarding
The extiditor provides cargo insurance and its
in accordance with the law and the treaty of transport
Article 14. Responsibility of the Inspector and Client
The supervisor is responsible to the customer for the number of seats,
weight if a control weighting is conducted in the presence of
a representative of the carrier fixed by his signature, the belonging
packages according to the commodity and transport documents
the signature of the carrier representative, if not
A transport expedition.
For non-performance or non-fulfilling duties
The treaty of transport,
The examitor and client are responsible for the Civil Service
Code of Ukraine 435-15 ), by other laws and treaties
A transport expedition.
The expanditor is responsible for the actions and oversight of the third
Persons involved in the contract of the transport
expeditions, in the same order as for their own actions.
Article 15. Disputes in the field of transport and transport
Disputes in the field of transport and air activity
are resolved in accordance with the law.
Article 16. Final Position
1. This Act will take effect from the day of its publication.
2. Cabinet of Ministers of Ukraine for three months from
The Act:
to ensure the adoption of legal and legal acts foreseen in
The Law;
organize the application in Ukraine unified documents and
forms used in international practice
Transportation and recovery activities.

President of Ukraine
Um ... Kyiv, 1 July 2004
N 1955-IV