LAW OF UKRAINE
On Transport
(The Official Journal of the Verkhovna Rada (OJVR), 1994, No. 51, p. 446)
{Implemented by No. 233/94-ВР Resolution of the Verkhovna Rada
of 10.11.94, OJVR, 1994, No. 51, p. 447}
{As last amended by the following Laws:
No. 642/97-ВР of 18.11.97, OJVR, 1998, No. 10, p. 36
No. 650/97-ВР of 19.11.97, OJVR, 1998, No. 11-12, p. 41
No. 507-XIV (507-14) of 17.03.99, OJVR, 1999, No. 18, p. 138
No. 2171-III (2171-14) of 21.12.2000, OJVR, 2001, No. 9, p. 38
No. 2454-IV (2454-15) of 03.03.2005, OJVR, 2005, No. 16, p. 259
No. 3370-IV (3370-15) of 19.01.2006, OJVR, 2006, No. 22, p. 184
No. 3421-IV (3421-15) of 09.02.2006, OJVR, 2006, No. 22, p. 199}
This Law determines legal, economic, organizational and social basis for transport activity.
Title I
GENERAL PROVISIONS
Article 1. Transport in the Social Production
Transport is one of the most important area of the social production, and its purpose is to provide
population and social production with means of transportation.
Development and improvement of the transport is effected according to the special public
programs with regards to its priority and based on the achievements of technological progress, it
is supported by the State. (Paragraph 2 of the Article 1 with the amendments provided by the
Law No. 3421-IV (3421-15) of 09.02.2006)
Article 2. Laws on Transport
Relations in the area of transport shall be regulated by this Law and other Codes (Acts) on
specific transport means, and by other legislative acts of Ukraine.
Statutory act specifying the transportation conditions, use of transportation means, connection
routes, traffic safety arrangements, police regulations, fire safety measures, sanitary and
ecological requirements having effect on transport, shall be mandatory for the owners of the
transport means and population using transport services and connection routes.
Particular use of the Law of Ukraine "On Enterprises in Ukraine" (887-12) concerning the
transport companies shall be provided by this Law and acts of the Cabinet of Ministers of
Ukraine on which base they have been adopted.
This Law shall not be used for transport used for technology transportation within the territory of
the enterprise itself.
Article 3. Purpose and Targets of Public Administration in the Transport Area
Public administration in the transport area shall ensure the following:
- timely, complete and qualitative satisfaction of needs of transportation for population and
social production, and satisfaction of needs for the purpose of military defence of Ukraine;
- protection of the public rights of the passengers during their use of transport services;
- safety operation of the transport;
- provision of necessary pace and proportions in development of the national transport system;
- protection of economic interests of Ukraine and legal rights of transport enterprises and
organizations, and users of transport services;
- creation of equal conditions for transport companies in order to develop their economic
activity;
- restriction of monopolism and development of competition;
- co-ordination of operation of different transport types;
- licensing of specific activity types in transport area;
- environment protection against harmful effect of transport.
Public administration of transport activity shall be realized through organization and execution
of economic (taxes, finances and credits, tariffs, investments) and social policy including
provision of subsidies for transportation of passengers.
Position and role of transport in the social production determine the need of its priority
development, support of the State in provision of transport means, material and technical and
fuel and energy resources.
Article 4. Authorities of Public Administration in Transport Area
Public administration in transport area shall be effected by the Ministry of Transport of Ukraine,
local Committees of Peoples’ Deputies and other competent bodies of special authority.
Article 5. Relations of Public Transport Companies with Public Authority Bodies and Those of
Self-governance
Relations of public transport companies with central and local executive bodies and bodies of
self-governance are based on matters of taxes, tax privilege, established norms and other
economic measures according to the current legislation of Ukraine.
It is not allowed to local public authority bodies and bodies of self-governance to intervent into
economic activity of the transport companies, to draw away their maintenance personnel for
doing other works, unless it is provided for cases as established by the current legislation of
Ukraine.
Administration authorities for transport shall cooperate with public authority bodies and bodies
of self-governance on their efforts to fulfill their obligations concerning social and economic
development of transport, they jointly realize the programs of environmental protection, design
and execute approved measures in order to ensure undisturbed operation of transport means in
case of calamity disaster, accidents, catastrophes and during the period of liquidation of their
consequences, they co-ordinate operation related to prevention of accidents and infringing
activity in transport area, and organize joint interaction of different transport types for the
purpose of their more effective use and increase of service quality.
Public authority bodies and bodies of self-governance within the limits of their competence shall
assist to the enterprises and organizations of transport in better use of transport means by the
forwarders (addressees) of cargoes and in development (including possibility of going shares) of
construction industry, they unite the monetary funds of the enterprises, organizations,
community agriculture enterprises, farming communities, co-operative societies (on their
consent), and budgeting and off-budget monetary funds for improvement of transport network,
construction of railway stations, overpasses and other transport units; they organize interaction of
different transport means for the purpose of their more effective use, increased quality of
services. (Paragraph 4 of the Article 5 with amendments implemented by Law No. 2454-IV
(2454-15) of 03.03.2005). Construction of railway stations, stations, ports, peers, air ports,
pedestrian bridges, tunnels, passenger platforms, underground railways, purchase of passenger
rolling-stock, maintenance and arrangement of connection routes and other units related to
passenger services and cargo transportation, shall be executed by use of public and local budget
monetary funds and monetary funds of transport enterprises in order established by the current
legislation of Ukraine, and with participation of voluntary contribution of enterprises and
organization of all property forms, and the same of individuals.
Article 6. Basics of Economic Activity of Transport Enterprise
Transportation of passengers, cargo, luggage and post, provision of other transportation services,
running and maintenance of connection routes shall be done by enterprises and organizations of
railway, steamship, port (peer), auto motive, aviation, road, if it is provided by their statutes.
Transport enterprises shall effect transportation and provision of services on the base of public
contracts, public orders and agreements for transportation of passengers and cargo taking in
consideration of economic effect of transportation and processing opportunities of transport
means.
Complex of transport and expeditionary services related to cargo sent and received, shall be
provided by shipping agencies according to an order established by the Cabinet of Ministers of
Ukraine.
Economic relations between transport enterprises established during transportation process, shall
be based on joint benefit, and equal and full responsibility principles.
Article 7. Tariffs and Charges for Transport
Tariffs for transport services shall be established according to the current legislation of Ukraine.
Tariff levels for transport shall be established according to normative expenditures per transport
operation unit, profitability level and taxes charges. Settlement with the users of services public
use transport shall be done on the base of current tariffs in accordance with codes (statutes) of
specific transport means and other legal norms of the legislation of Ukraine.
Damage compensation for charge-free transportation for tariff preference categories of
individuals shall be regulated by the standard acts of the Cabinet of Ministers of Ukraine.
(Paragraph 2 of the Article 7 with amendments implemented by Law No. 642/97-ВР of
18.11.97)
Dues for use of connection routes of Ukraine by transport means of foreign owners and fee for
transit transportation shall be done according to an order established by the Cabinet of Ministers
of Ukraine.
Article 8. Licensing of Specific Activity Types in the Transport Area
Licensing of specific activity types in the transport area shall be implemented for the following
purposes:
- to ensure safe and reliable operation of transport;
- restriction of monopolism and competition development;
- creation of equal conditions for development of economic activity of transport enterprises.
Licenses for realization of activity in transport area shall be granted according to the current
legislation requirements. (Paragraph 2 of the Article 8 in wording of Law No. 3370-IV (3370-15)
of 19.01.2006)
Each of auto motive vehicle shall be provided by license and licensing card of approved form
that is to be a proof for receiving services on transportation of passengers and cargo by motor
transport vehicle on the base of the license received. (Article 8 has been supplemented with part
subject to Law No. 3370-IV (3370-15) of 19.01.2006)
Article 9. Property of Transport Enterprises
Transport facility, structures, financial funds, transport equipment, connection routes, being
granted to the enterprises, unions, establishments and organizations of the Ministry of Transport
of Ukraine, shall constitute the national property and belong to unified transport system.
National property may also include transport facility, structures, transport equipment, being
granted to the enterprises, unions, establishments and organizations of the other ministries and
departments (departmental transport).
Transport facility, structures, financial funds, transport equipment, and equipment of road
economy, being granted to the enterprises, unions, establishments and organizations of the local
Committees of Peoples’ Deputies, shall belong to the public community ownership.
Transport facility, structures, transport equipment may be taken in ownership by enterprises,
unions, establishments and organizations and individuals.
Article 10. Requirements to Transport Facilities
Transport facilities shall meet the requirements of safety, labour protection and ecology, public
registration standards, and to be supported by respective certificate.
Article 11. Land of Transport
Land of transport shall be land granted to enterprises and organizations of transport for use
according to the Land Code of Ukraine (561-12) for the purpose of execution of tasks incumbent
upon them concerning running, maintenance, improvement and development of transport units.
Size of land plot granted for above purpose, shall be determined according to approved norms or
technical design documentation.
Placement of structures and other transport units on land granted to the transport enterprises for
use, shall be realized upon consent of local public authority bodies and bodies of selfgovernance.
Transport enterprises shall be obliged to rational use of granted land plots, not to disturb the
interests of other land users (including the tenants), to bar from ground bogging, decreasing the
land quality and their pollution by industrial and other types of waste products, unrefined runoffs, they shall take measures for protection of land against erosion, for reinforcement of steep
banks, ravins, sandy grounds, and to adhere to other requirements concerning land protection.
Responsibility for necessary maintenance of land granted to enterprises and organizations of
transport for use, and use of those according to their purpose assigned shall be effected by
managers (owners) of these enterprises, establishments and organizations.
For the purpose of proper running of structures and other transport units, and for land protection
against adverse influence of the above objects located on lands granted for use to the transport
enterprises, there may be established the protection areas having special conditions for use of
land.
Article 12. Obligations and Rights of Transport Enterprises
Transport enterprises shall provide for the following:
- to ensure the needs of transportation for individuals, enterprises and organizations;
- to provide services for the passengers during long-distance transportation in view of supply of
good quality potable water, food, with possibility to satisfy other sanitary needs;
- quality and timely transportation of the passengers and cargo;
- to execute public tasks (contracts) concerning satisfaction of defence and security needs of
Ukraine;
- safe transportation;
- safe transportation conditions;
- to prevent accidents and wrecks, to prevent the causes of industrial injuries;
- to ensure measures for environment protection against harmful effect of transport operation;
- rights for individual benefits concerning use of transport.
Transport enterprises shall have the right for the following:
- to determine times and schedules of transportation;
- to assign regular and additional trips and itineraries of transportation;
- to cater at comfort level of passenger choice;
- to require the passengers, forwarders and addressees of cargoes to fulfill the terms and
conditions of this Law, codes (statutes) of specific transport types and other standard acts of
Ukraine regulating transport activity.
Article 13. Responsibility of Transport Enterprises
Responsibility of transport enterprises for breach of or improper execution of their obligations
concerning transportation of passengers, luggage, and responsibility towards the passenger for
late transport supply shall be regulated by codes (statutes) of specific transport types and other
standard acts of Ukraine.
Transport enterprise, whose activity relates to increased danger level, shall be corporeally liable
for damage occurs as a result death or health damage of the passengers during use of transport
according to the order established by the current legislation of Ukraine.
Transport enterprises shall be liable for lost, absence, damage and breakdown of cargo and
luggage taken for transportation purpose to the extent of actual damage unless they would prove
that lost, absence, damage or breakdown occurred beyond their fault.
Transport enterprises shall be liable for damage caused to an environment according to the
current legislation of Ukraine.
Article 14. Protection of Cargo and of Transport Units
Transport enterprises shall ensure the safe conditions for cargo and luggage starting its
acceptance for transportation and up to its delivery to the addressees unless otherwise is provided
by the contract.
Protection of cargo and of transport units, and preventive fire measures, and control over
execution of specified requirements of fire safety, fire suppression at transport shall be
responsibility of employees of the transport enterprises according to established order.
List of cargoes subject to particular security and escort shall be approved by the Cabinet of
Ministers of Ukraine. Procedure of security and escort of this cargo shall be ensembles
established by the Ministry of Transport of Ukraine.
List of military cargo, procedure of security and escort of this cargo by guard shall be established
by the Ministry of Defence of Ukraine upon consent of the Ministry of Transport of Ukraine.
Security and escort of dangerous and valuable cargo according to list approved by the Cabinet of
Ministers of Ukraine, shall be provided by the forwarders or addressees of cargoes in course of
whole route.
Security and escort of cargo subject to quick damage, shall be established by the forwarders
(addressees) of cargo individually and subject of approval of the Ministry of Transport of
Ukraine.
Protection of public order, guaranteeing of personal safety of the individuals, their rights and
legal interests protection, prevention of violation of the laws and their cessation, investigation
and clearance of crimes, search for the persons committed the violation of the laws, property
protection against criminal tresspass, public fire supervision in transport, and shall be provided
by the bodies of the Ministry Internal Affairs of Ukraine in assistance of transport enterprises.
Article 15. Arrangement of Transport Operation in the Event of Force-majeure
Enterprises and organizations of transport shall execute the urgent measures in order to remove
the consequences of natural disasters (flood, fire, drifts, etc.), wrecks and catastrophes which
caused interruption of transport operation.
Central and local executive bodies and local self-governance bodies, bodies of Internal Affairs in
transport and other subdivisions of the Ministry of Internal Affairs of Ukraine, the Ministry of
Civil Defence of Ukraine, the Ministry of Armed Forces of Ukraine shall immediately provide
for assistance in liquidation of the consequences of natural disasters, wrecks and catastrophes in
transport area and shall stop illegal interference into transport activity which may be a threat to
the life safety or people’s health, to the safety of transport means operation and safety of cargo.
(Paragraph 2 of the Article 15 with amendments implemented by Law No. 2171-III (2171-14) of
21.12.2000).
Damage caused to the transport as a result intentional blockage of transport facilities and other
illegal actions for the purpose of break of unhampered and continuous operation of transport
means, shall be reimbursed to the transport enterprises, institutions and organizations by persons
in fault according to the order established by law.
Article 16. Safety in the Transport Area
Transport enterprises shall ensure life and health safety of the individuals, safe operation of
transport means, environmental protection.
Employees who directly ensure traffic safety of the transport means, shall have corresponding
professional background and by health status to be able to quality execute their obligations.
These employees, and employees being under harmful and dangerous effect of working
conditions, shall pass through medical checkups according to established order.
Territorial parts of enterprises, railway stations, stations, ports, peers, aerodromes and connection
routes where the traffic of transport means is effected, or shunting and cargo handling works are
done, shall be zones of increased danger. Individuals are prohibited to stay in these zones. Rules
regulating the stay and work in a zone of increased danger shall be established by the Ministry of
Transport of Ukraine taking into account the proposals of the organizations involved, and upon
consent of local public authority bodies as well as the bodies of self-governance.
Placement of objects related to production, storage, loading, transportation and unloading of
explosive, highly inflammable, nuclear and of poisonous substances in places of public use,
structures, residential blocks, natural reserves and objects under specific protection is forbidden.
Minimal distance of such objects shall be established by respective construction norms and rules
approved by the Ministry of Transport of Ukraine and respective legislative acts.
Alteration of all facilities related to renovation and repairs of transport structures placed in the
right of way of connection routes, shall be executed by facility owners on their own account.
Responsibility for keeping of established norms in construction and running of gas pipe lines,
oil-pipe lines, and other facilities in cross railways and motor-ways or being adjacent to these
railways and motor-ways, shall be accounted by the owners of those facilities.
Enterprises, institutions and organizations - forwarders and addressees of explosive, highly
inflammable, nuclear, of poisonous effect substances, and other dangerous cargoes shall
guarantee their safe transportation, have the means and motive divisions in order to prevent
accidental situations during transportation of those cargoes or elimination of the accidents
consequences.
Supervision over traffic safety of the transport means shall be executed by order established by
the Cabinet of Ministers of Ukraine.
Issues of the traffic safety of transport means in the territory of Ukraine related to transport
activity of other states shall be regulated on the base of norms adopted in Ukraine, and of
international treaties of Ukraine.
Transportation of passengers and cargo by air transport, and in specific cases by other transport
means shall be subject of mandatory control of their conformity with safety requirements
according to an order determined by the Ministry of Transport of Ukraine pursuant to the current
legislation of Ukraine.
Article 17. Labour Relations, Social Protection and Discipline of the Employees in Transport
Area
Labour relations, social protection and discipline of the employees in transport area shall be
regulated by Labour Code of Ukraine (322-08), other legislative acts of Ukraine, statutes
(provisions) on discipline of the employees of the specific transport types that are to be approved
by the Cabinet of Ministers of Ukraine upon consent of respective trade unions.
Article 18. Strikes in Transport
Suspension of work (strike) on transport enterprises may have happen in case of breach of terms
of tariff agreements by administration of the enterprise, except for cases related to transportation
of passengers, maintenance of continuously running production, and in case of strike to threaten
life safety and health of people.
Article 19. Insurance of Employees Operating Means of Transport, Passengers, Luggage and
Cargo on Transport
Insurance conditions and procedure for the employees executing operation of the means of
transport, and passengers, luggage and cargo in transport shall be determined by the current
legislation of Ukraine.
.
Article 20. Reporting and Accounting Time on Transport
Unified reporting and accounting time – that is to be Kyiv time – is established on the transport
enterprises directly participating in transportation.
Title II
TRANSPORT SYSTEM OF UKRAINE
Article 21. Unified Transport System of Ukraine
Unified transport system of Ukraine includes the following:
- public use transport (railway, sea, river, auto and air, and public electrical transport, including
the underground);
- industrial railway transport;
- departmental transport;
- pipeline transport;
- connection routes of public use.
Unified transport system shall meet the requirements of the social production and national safety,
have distributed infrastructure in order to provide of the whole complex of transport services,
including those for storage and technological processing of cargo before transportation, to ensure
foreign economic relations of Ukraine.
Article 22. Railway Transport and its Composition
Railway transport shall include the railway transport enterprises effecting transportation of
passenger and cargo, rolling-stock of railway transport, railway connection routes, and industrial,
construction, commerce and supply enterprises, educational institution technical schools,
kindergartens, health protection institutions, those of physical culture and sports, of culture, of
scientific research, design and construction organizations, enterprises of industrial railway
transport and other enterprises, institutions and organization regardless of their property forms
acting for its activity and development.
Article 23. Lands of the Railway Transport
Lands of the railway transport shall include the lands granted for use to enterprises and
organizations of railway transport according to the current legislation of Ukraine. These lands
include lands for the railways itself, namely the lands taken for permanent way railway and its
arrangement, stations with all buildings and structures of energy, locomotive, carriage, track,
cargo and passenger economy, alarm and communication equipment, water supply, sewage,
plants of protection and strengthening, service, culture and sanitary premises and other structures
to be of need for running of railway transport. (Paragraph 1 of the Article 23 in wording of the
Law No. 507-XIV (507-14) of 17.03.99).
Along the lands of railway transport there may be constructed the protection zones. (Paragraph 2
of the Article 23 in wording of the Law No. 507-XIV (507-14) of 17.03.99).
Lands of the railway transport shall be kept in proper sanitary condition and to be used for
greenery planting including that of business, and of fodder.
Article 24. Sea Transport and its Composition
Sea transport shall the sea transport enterprises effecting transportation of passenger and cargo,
ports and wharfs, vessels, shipyards, sea connection routes, and communication enterprises, as
well as enterprises of production, trade, construction and supply, educational institutions, health
protection institutions, organizations of physical culture, of scientific research and other
enterprises, institutions and organizations regardless of their property forms acting for operation
of the sea transport.
Article 25. Lands of the Sea Transport
Lands of the sea transport shall include the lands granted for use of the following:
- sea ports together with quays, platforms, berths, stations, buildings, structures, equipment,
objects of common port and complex services for fleet;
- hydro-engineering structures and means of fairway marking, shipyards, workshops, bases,
warehouses, radio centers, premises of service and culture and sanitary and other structures assist
to maintain the sea transport.
Lands of the sea transport shall include the territories sand-raised or with fill layers located in the
harborage area and effected on the account of ports.
Arrangement in the passage area to the ports (channels) of pavements, cable and air ways, water
intake and other objects, and erection of radio-systems in the area of radio-navigation objects
shall be effected based the consent of administration.
Article 26. Technical Survey over the Vessels
Technical survey over the vessels and their classification regardless of the property form of the
vessels and their owner shall be performed by the classification company selected on proposal of
shipowner and upon consent of the Ministry of Transport of Ukraine.
Article 27. River Transport and its Composition
River transport shall include the enterprises of river transport that effect transportation of
passengers and cargo, ports and wharfs, vessels, shipyards, service and maintenance bases,
enterprises of railway equipment, as well as communication enterprises, enterprises of
production, trade, construction and supply, educational institutions, health protection institutions,
those of physical culture and sports, of culture, design and construction organizations, and other
enterprises, institutions and organization regardless of their property forms acting for river
transport.
Article 28. Lands of the River Transport
Lands of the river transport shall include the lands granted for use of the following:
- ports, special berths, wharfs and boat-yards together with all technical structures and equipment
used for maintenance of the river transport;
- passenger river stations, pavilions and berths;
- navigation canals, navigable, energy and hydro-engineering structures, service and technical
buildings;
- coast-protecting structures and plants;
- special plants for trees growth including that for business;
- communication centers, radio centers and radio-stations;
- buildings, coast navigation signs and other structures in order to serve the water ways,
shipyards, service and maintenance bases, workshops, shipyards, hold-and-repair yards,
warehouses, material and technical basis and bases, engineering facilities, premises of service
and of culture and sanitary designation, other objects providing for operation of the river
transport.
In order to ensure the works execution related to shipping and floating in the inner water ways
there is a provision of the coastal strip located beyond the inhabited locality according to
established order. Lands of the coastal strip shall be not exempted from the land users and shall
be used according to the current legislation of Ukraine.
Article 29. Technical, Classifying and Shipping Supervision over the River Vessels
Technical, classifying and shipping supervision over the river vessels shall be executed by the
Ukrainian State Inspection of the register and Shipping Safety in the order established by the
Cabinet of Ministers of Ukraine.
Article 30. Motor Transport and its Composition
Motor transport shall include the enterprises of motor transport effecting transportation of
passengers and cargo, motor-car repair service and tire repair enterprises, rolling-stock of the
motor transport, transportation and shipping enterprises, and motor-coach terminals and motorcar stations, educational institutions, service and supply organizations and social and sanitary
institutions, and other enterprises, institutions and organization regardless of their property forms
acting for motor transport.
Article 31. Lands of the Motor Transport and Road Economy
Lands of the motor transport shall include the lands granted for use of structures and equipment
related to energy, garage and fuel distribution economy, motor-coach terminals, motor- carstations, long-haul industrial structures, service and maintenance buildings, service stations,
filling stations, haulage, transport and shipping enterprises, motor-car repair service plants,
bases, loading places, yards used for containers and re-coupling, service and culture and sanitary
premises, and other objects acting for motor transport operation.
Lands of the road economy shall include the lands granted for driveway, roadside, road bed,
decorative planting of greenery, standby’s, ditches, bridges, tunnels, transport road junctions,
porthole structures, headwalls, right of ways and other road structures and equipment located
within their borders.
Lands of the road economy shall also include the lands located beyond the rights of way if they
include the structures serving for running of motor roads, namely:
- parallel by pass roads, ferry passages, snow screen structures and plants, anti-avalanche and
anti-mudflow structures, trapping descents;
- parking transport lots and resting grounds, enterprises and objects of road service;
- buildings (including dwelling houses) and structures of road service together with industrial
bases;
- wayside forest shelter-belts serving for protection of roads and for trees planting including the
business one.
Lands laying under motor roads of public use and their structures, shall be granted to the road
organizations for use according to the current legislation.
Article 32. Aircraft Transport and its Composition
Aircraft transport shall include the air transport enterprises effecting transportation of passengers
and cargo, air photography, agricultural works, and airports, aerodromes, air-clubs, transport
means, air traffic control systems, educational institutions, aircraft overhaul plants of civil
aviation and other enterprises, institutions and organizations regardless of their property forms
acting for air transport.
Article 33. Lands of the Air Transport
Lands of the air transport shall include the lands granted for the following use:
- airports, aerodromes, detached structures (objects of air traffic control, radio navigation and
landing, treatment plants and other structures), service maintenance territory together with
buildings and structures providing for operation of air transport;
- heliports including helipads, service and maintenance territory together with all buildings and
structures;
- aircraft overhaul plants of civil aviation, aerodromes, helipads, hydro-aerodromes and other
stages for operation of aircraft means;
- service objects providing for operation of aircraft transport.
Article 34. Urban Electrical Transport and its Composition
Urban electrical transport shall include the enterprises of public electrical transport effecting
transportation of passengers and cargo, rolling-stock, tram-lines and trolleybus routes, service
and supply depots, service premises, cable railways, cable-ways, moving staircases, overhaul
plants for rolling-stock and for spare parts production, structures of power economy and
communication, industrial, repair and engineering, trade and supply organizations, educational
institutions, scientific research and planning and design institutions, health protection
institutions, those of recreation, physical culture and sports, and other cultural and consumer
services institutions and enterprises, institutions and organization regardless of their property
forms acting for the public electrical transport.
Article 35. Lands of the Public Electrical Transport
Lands of the public electrical transport shall include the lands granted for use of isolated tramlines and their arrangement, rail-tracks and stations of cable railways, cable-ways, moving
staircases, tramway and trolleybus depots, railway-carriage repair works, structures of power
economy and rail-tracks economy, alarm and communication, services and cultural and
consumer services premises and other structures being necessary for provision of public
electrical transport operation.
Article 36. Departmental Transport
Departmental transport shall include the transport means of enterprises, institutions and
organizations.
Enterprises and organization having the departmental transport in their disposition shall provide
for its development and maintenance at the level corresponding to the safety requirements during
provision of transport services.
Relations among the enterprises having the departmental transport in their disposition, and
enterprises, institutions, organizations and individuals whom they provide with the transport
services, and the transport enterprises of public use, shall be regulated by codes (statutes) for
specific transport types.
Article 37. Pipeline Transport
Relations in the area of pipeline transport shall be regulated by the Law of Ukraine "On the
Pipeline Transport" (192/96-ВР) and other normative and legislative acts of Ukraine. (Article 37
in wording of the Law No. 650/97-ВР of 19.11.97).
Article 38. Use of Forest Belts and Lands by the Transport Enterprises
Along with the direct assignment of the forest belts being in maintenance of transport
enterprises, the forest plantations may include business plants (coniferous, birch, lime-trees,
etc.).
Enterprises of Road economy shall in primary roads with heavy traffic ensure the exchange of
fruit-trees located in the forest belts for tree species of industrial designation in order to prevent
the cases of food poisoning caused by tree fruits absorbing the harmful substances of exhaust gas
produced by the motor car transport.
Management of transport enterprises shall be liable for pollution of lands adjacent to transport
which become weeds sated with.
Article 39. Co-operation of the Enterprises of Different Transport Types
Relations of the enterprises of different transport types in the course of passengers and cargo
transportation shall be determined by codes (statutes) for different transport types and contracts
made on the base of thereof (main agreements).
Development and conclusion of the main agreements shall be executed in order established by
the Cabinet of Ministers of Ukraine.
Article 40. Co-ordination of Activity of all Types of Transport
Co-ordination of activity of all types of transport shall be executed by the Ministry of Transport
of Ukraine.
Within the regions co-ordination of activity of all transport types shall be executed by coordination commissions for transport operation created by bodies of local government and selfgovernance bodies, and they shall act according to provisions approved by the Cabinet of
Ministers of Ukraine.
Title III
FINAL PROVISIONS
Article 41. Control over Execution of Legislation in Transport Area
Control over execution of legislation in transport area shall be assigned to respective legislative
authorities and bodies of local self-governance within their competence.
Article 42. International Contracts
In case the international contract signed by Ukraine establishes other rules that differ from rules
of legislation of Ukraine on transport, the rules of respective international contract shall apply.
L. KUCHMA
The President of Ukraine
Kyiv, 10 November 1994
No. 232/94-ВР