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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 27, 2022 No. 379

About features of implementation of the humanitarian assistance which is transported by rail transport in the conditions of warlike situation

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 03.05.2022 No. 528)

For the purpose of proper normative settlement of implementation of the humanitarian assistance which is transported by rail transport in the conditions of warlike situation the Cabinet of Ministers of Ukraine decides:

1. Determine that:

1) for warlike situation and within one year after its termination or cancellation the humanitarian assistance which goes to Ukraine donors (foreign, domestic) from abroad in connection with aggression of the Russian Federation against Ukraine and is transported by rail transport is performed taking into account the following features:

the humanitarian assistance (humanitarian aid) any goods concerning which shipping and/or carriage documents contain the corresponding record about belonging of such load (goods) to the humanitarian assistance and which receiver is the Ukrainian Railroad joint-stock company (further - JSC Ukrzaliznytsya) for the purpose of its further transportation to the receivers determined by the paragraph the fourth this subitem according to their requests without implementation of Ukraine provided by the Law "About the humanitarian assistance" procedures of recognition of such goods the humanitarian assistance in each case and without preliminary determination of receivers and receivers of the humanitarian assistance are recognized, after receipt of humanitarian aid are determined according to the procedure, provided by this resolution;

JSC Ukrzaliznytsya acts as the receiver of humanitarian aid and at the same time is not receiver/buyer of the humanitarian assistance in understanding of the Law of Ukraine "About the humanitarian assistance";

receivers of the humanitarian assistance is regional, Kiev city military authorities (further - military authorities) or other subjects determined by the Cabinet of Ministers of Ukraine; the specified receivers of the humanitarian assistance are exempted from obligation to be registered in the Unified register of receivers of the humanitarian assistance and from other obligations provided by the Law of Ukraine "About the humanitarian assistance" except the obligations provided by this resolution;

2) JSC Ukrzaliznytsya transports humanitarian aid taking into account the following features:

acts as carrier railway transport of humanitarian aid in the territory of Ukraine;

acts as the sender of humanitarian aid to railway stations of destination for direct transfer to receivers of the humanitarian assistance based on requests and/or to the automobile carriers authorized by such receivers (in case of combined transports with use of road transport to order of receivers);

signs electronically with military authorities and other receivers of the humanitarian assistance determined by the Cabinet of Ministers of Ukraine agreements on the organization of rail haulings of humanitarian aid;

will organize work of online platform for registration and processing of requests of receivers of the humanitarian assistance (further - online platform) and provides them the authorized access to it;

provides and performs collection, processing, storage of humanitarian aid for their further transportation to receivers based on their requests, informs advisory facilitative branches of the President of Ukraine and/or the corresponding government representative on amount of the humanitarian aid loaded into cars for further transportation;

performs in real time taking into account priority of receipt of requests of military authorities and/or other receivers of the humanitarian assistance of transportation of humanitarian aid determined by the Cabinet of Ministers of Ukraine according to their requests; at the same time the transportation priority to receivers of the humanitarian assistance can be changed according to the written decision of the Vice-Prime Minister of Ukraine - the Minister of reintegration of temporarily occupied territories or the corresponding government representative taking into account generalization and comparison of condition of providing regions with goods which constitute humanitarian aid;

performs registration of transportation of humanitarian aid taking into account the features determined by this resolution;

3) the military authorities determined by the Cabinet of Ministers of Ukraine other receivers of the humanitarian assistance:

sign electronically with JSC Ukrzaliznytsya agreements on the organization of rail haulings of humanitarian aid;

proceeding from real requirements of ensuring life activity of the region and by results of consultation with advisory facilitative branches of the President of Ukraine (under approval) and/or the corresponding government representative (if necessary):

- create shipping requests of humanitarian aid in the form determined by JSC Ukrzaliznytsya through online platform;

- determine stations of destination to which rail haulings of the humanitarian assistance are performed, for its obtaining, and in case of combined transports with involvement of automobile carriers - also relevant automobile carriers authorized by military authorities;

4) the expenses of JSC Ukrzaliznytsya connected with obtaining, collection, processing, storage, registration and transportation of humanitarian aid are compensated at the expense of means of the government budget which are performed for financing of measures for smooth functioning of rail transport;

5) during action of the warlike situation Charter of the Railroads of Ukraine, No. 457 approved by the resolution of the Cabinet of Ministers of Ukraine of April 6, 1998 (The Official Bulletin of Ukraine, 1998, No. 14, the Art. 548), is applied in the part which is not contradicting the acts of the Cabinet of Ministers of Ukraine adopted since February 24, 2022.

2. This resolution becomes effective from the date of its publication and is applied since February 24, 2022.

Prime Minister of Ukraine

D. Shmygal

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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