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Ministry of Justice of Ukraine

June 13, 2006

No. 705/12579

THE ORDER OF PUBLIC SERVICE OF UKRAINE ON SUPERVISION OF SAFETY CONTROL OF AIRCRAFT

of March 14, 2006 No. 186

About approval of Rules of airborne transportations of loads

(as amended on 12-11-2020)

1. Approve Rules of airborne transportations of loads (further - Rules) (are applied).

2. To department of air transportation and licensing (Korshuk S. L):

2.1. In accordance with the established procedure to provide this order on state registration to the Ministry of Justice of Ukraine.

2.2. Bring requirements of the specified Rules to the attention of the companies, organizations and organizations involved in airborne transportations of loads.

3. To impose control over the implementation of this order on the First Deputy Chairman Davidov O. M.

 

Chairman

M. O. Marchenko

Approved by the Order of State aviaservice of March 13, 2006 No. 186

Rules of airborne transportations of loads

Section 1. General provisions

1.1. These rules are developed in pursuance of the Program of integration of Ukraine into the European Union approved by the Presidential decree of Ukraine of September 14, 2000 No. 1072, according to article 100 of the Air code of Ukraine, the Law of Ukraine "About consumer protection" and the subitem 146 of item 4 of the Regulations on the Public air service of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 398.

1.2. Rules are developed taking into account the provisions of the Montreal convention and Contract clauses of carriage of goods established by International association of air transport ("by Air Waybill - conditions of contract", IATA, Resolution 600b).

Section 2. Purpose

The purpose of these rules - to establish general terms of carriage of goods by air transport in case of which the proper level of aviation safety and quality of transportations is provided.

Section 3. The terms and determinations applied in Rules

The air freight bill (or the way bill) the document processed by the consignor or on behalf of the consignor including its electronic copy (in case of application) which is the certificate of the conclusion of the transportation agreement and cargo reception to transportation on the conditions determined in it (further - the air freight bill). The air freight bill is equivalent to the message on sending and can be used in transit as it is determined in these rules. If these Rules do not provide other, the term "air freight bill" is understood also as the receipt on receipt of load.

The agent - person authorized by carrier or the consignor (consignee) to carry out the separate transactions connected with cargo hauling.

Armoring (or reservation) - the preorder of reservoir (amount and the tonnage) on the air vehicle on certain run and date for cargo hauling.

The load (or goods) - property which is transported or is subject to transportation by air, land, sea (river) transport or concerning which there are transactions provided by these rules except mailings and other detail which are transported according to the international post treaty, and baggage which is transported according to the luggage receipt.

The consignor - the principal or other person acting on behalf of the principal and specified in the air freight bill as the consignor.

The consignee - person specified in the air freight bill as the consignee.

Certain categories of loads - loads which transportation and servicing considering nature it shall be performed on special conditions. Certain categories of loads include perishable, wet, valuable, heavy, bulky, long, dangerous goods; live animals; automobile and vehicles; the loads which are strongly stinking; goods of military and dual purpose; works of art and museum pieces; unaccompanied baggage; human remains; small packets, etc.

Departure (forwarding) - any service which is provided by carrier and which is other, than transportation, including delivery, processing (servicing) of loads, and also broker, insurance, customs, financial services and so forth.

The owner of load (or the principal) - the party which signed the contract with carrier concerning cargo hauling.

Days - calendar days, including all seven days of the week, festive, output and non-working days provided that by provision of the message the date of departure of the message is not considered and that in case of determination of duration of stay in force put when the air freight bill is issued or when transportation began, it is not considered.

The agreement of bulk transportation - the agreement according to which the multimodal transport operator in case of payment term of payments for transportation shall perform or provide implementation of bulk transportation of load.

Geneva convention - The convention of the United Nations on the international bulk transportations signed in Geneva 24.05.80.

The applied laws - the laws, resolutions and orders, and also other regulatory legal acts regulating implementation of carriages of goods of any country about the territories on which territory and through the territory carriages of goods and which provisions shall be applied as contractual conditions are performed even if their application will do harm to the consignor.

Charges - the amount which increases to rate and is paid for services in case of cargo transportation and which is determined according to condition of carriages or servicing in case of such transportation.

Bulk transportation - cargo hauling by at least than two modes of transport which is performed according to the agreement of bulk transportation from the place where the load is transferred under control of the multimodal transport operator, to certain delivery location. Transactions on export or cargo delivery which are performed according to the transportation agreement only by one mode of transport as it is determined in such agreement, are not considered as bulk transportation.

Code of carrier - two signs identifying the relevant carrier.

Commercial agreements - any agreements between carriers (except the agency agreement and the agreement of bulk transportation) which concern provision of their joint services connected with airborne transportations of loads.

Convention CMR - The convention on the contract of the international road carriage of goods signed in Geneva 19.05.56.

Convention COTIF-CIV - The convention on the international rail haulings signed in Bern 09.05.80.

The customs broker (intermediary) is the company which performs declaration of goods and the vehicles moved through customs border of Ukraine and has the license for the right of implementation of customs broker activities granted by specially authorized central executive body in the field of customs affairs. The resident company can only be the customs broker. On behalf of this company declaration of goods and the vehicles moved through customs border of Ukraine can perform its isolated structural division (branch, representation, etc.).

Montreal convention - The convention on standardization of some rules of the international airborne transportations made on May 28, 1999 in the city of Montreal.

Extraordinary conditions - conditions under which carriages of goods do not fall under regular transactions and procedures of operation of civil air vehicles, including conditions under which are transported the peacekeeping contingent, transportation for mitigation of consequences of natural disaster or accident, etc.

Servicing to terminal city point (Road Feeder Services) - part of airborne transportation of load which is performed by the land transport within customs area of one country and is considered as the transportation performed during period of time of airborne transportation.

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