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LAW OF UKRAINE

of July 1, 2004 No. 1955-IV

About transport-forwarding activities

(as amended on 03-12-2020)

This Law determines the legal and organizational principles of transport-forwarding activities in Ukraine and is directed to creation of conditions for its development and enhancement.

Article 1. Determination of terms

In this Law terms are used in the following value:

transport-forwarding activities - business activity on rendering transportnoekspeditorsky services in the organization and ensuring transportations of export, inward, transit or other cargoes;

transport-forwarding service - the work which is directly connected with the organization and ensuring transportations of export, inward, transit or other cargo for the freight forwarding agreement;

the freight forwarder (the transport freight forwarder) - subject of managing which at the request of the client and at his expense carries out or will organize accomplishment of the transport-forwarding services defined by the freight forwarding agreement;

the client - the consumer of services of the freight forwarder (legal entity or physical person) who according to the freight forwarding agreement independently or through the representative acting from his name charges to the freight forwarder to execute or organize or provide accomplishment of the services defined by the freight forwarding agreement and pays them, including payment to the freight forwarder;

carrier - the legal entity or physical person which undertook the obligation and the agreement responsibility of cargo hauling for delivery to the destination of the load entrusted it, carriage of goods and their issue (transfer) to the consignee or other person specified in the document governing the relations between the freight forwarder and carrier;

participants of transport-forwarding activities are the clients, carriers, freight forwarders, carrier agents, ports, railway stations, associations and specialized enterprises of rail, air, road, inland water and sea transport, customs brokers and other persons performing the works (rendering services) in transit of loads.

Article 2. Coverage of this Law

Operation of this Law extends to the relations arising in case of freight forwarding of loads all modes of transport except pipeline.

Provisions of this Law extend also to cases when duties of the freight forwarder are fulfilled by carrier.

Article 3. Legislation on transport-forwarding activities

The relations in the field of transport-forwarding activities are governed by the Civil code of Ukraine, the Economic code of Ukraine, the laws of Ukraine "About transport", "About foreign economic activity", "About transit of loads", this Law, other laws, transport codes and charters, and also other regulatory legal acts published according to them.

If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than, provided by this Law, regulations of the international treaty are applied.

Article 4. Principles of activities of the freight forwarder

Transport-forwarding activities are performed by subjects of managing of different patterns of ownership which for accomplishment of orders of clients or according to technologies of work can have: warehouses, different types of vehicles, containers, production rooms, etc.

Freight forwarders for accomplishment of orders of clients can sign agreements with the carriers, ports, airlines, shipping companies, etc. who are residents or nonresidents of Ukraine.

Both specialized enterprises (organizations), and other subjects of managing can perform transport-forwarding activities.

Article 5. Associations of freight forwarders

Freight forwarders according to the legislation can unite on a voluntary basis in associations: associations, leagues, unions, etc.

Associations of freight forwarders are created for the purpose of:

coordination of activities of the participants;

development and implementation of measures for increase in level of the competition for the account of growth of professional training and quality of the rendered services;

protection of interests of the participants, including in public authorities;

participations in project development of the laws and other regulations in the field of transport-forwarding activities;

developments of measures for protection of interests of clients;

developments of conditions of export-import deliveries of the goods having strategic importance for Ukraine;

integration into the world market of transport-forwarding services;

participations in work of the international organizations of transport, transport-forwarding organizations, etc.;

developments and approvals of the acts provided by their constituent documents;

provisions to public authorities of offers on implementation of recommendations of the international organizations in the field of transport-forwarding activities in Ukraine.

Article 6. State regulation of transport-forwarding activities

The main objective of state regulation of transportnoekspeditorsky activities is protection of economic interests of Ukraine, further formation, development and market grouping of transport-forwarding services.

The Cabinet of Ministers of Ukraine will organize and provides carrying out state policy and the state control in the field of transport-forwarding activities, directs and coordinates work of the executive bodies performing state regulation in this field of activity.

Article 7. State support of transport-forwarding activities

The state support of transport-forwarding activities is created and performed according to nation-wide programs of economic development in the field of transport and provides:

observance of the rights and legitimate interests of freight forwarders, carriers and consumers of their services;

stimulation of growth of export volumes of transportnoekspeditorsky services, including by simplification of settlement system;

creation of equal conditions in the market of transport-forwarding services and non-admission of any discrimination against freight forwarders, carriers or load on the basis of its place of origin, sendings, import, export or assignment or in connection with the property right to this load, and also in case of the taxation of transport-forwarding services, except as specified adequate response to discriminatory measures concerning Ukraine or economic sanctions of the international organizations supported by Ukraine;

participation of freight forwarders in development of regulatory legal acts concerning transport-forwarding activities;

creation of conditions for the organization of preparation and advanced training of workers in the field of transport-forwarding activities;

assistance to development of international cooperation, adaptation of the legislation of Ukraine to the international requirements in the field of transport-forwarding activities.

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