LAW OF UKRAINE

of January 10, 2002 No. 2920-III

About responsibility of carriers during implementation of the international passenger traffic

This Law according to the Protocol on the prevention and the termination of human trafficking, especially women and children, both punishment for it and the Protocol against smuggling of migrants by land, to the sea and air which supplement the United Nations Convention Against Transnational Organized Crime of the Convention of the Council of Europe on measures for counteraction to human trafficking establishes responsibility of carriers for failure to carry out of obligation to check before the international passenger transportation availability, but not authenticity, at passengers of the documents necessary for entry into the state of following, transit that led to transportation or attempt of public conveyance through frontier of Ukraine without necessary documents, and also determines procedure for use of this responsibility.

Article 1. Responsibility of carriers during implementation of the international passenger traffic  

The companies (their associations), organizations, the organizations and physical persons - the entrepreneurs performing the international passenger traffic (further - carriers), for failure to carry out of obligation of check before the international passenger transportation availability at the passenger of the passport document, the visa or other documents necessary for entry into the state of following or transit that led to transportation or attempt of transportation of the passenger through frontier of Ukraine without such documents, bear responsibility in the form of penalty in the amount of forty seven subsistence minimums for able-bodied persons, established for January 1 of calendar year, for each such passenger, but no more than six hundred such subsistence minimums for one transportation, and for failure to provide or provision of doubtful data of passenger check-in - in the amount of fifty such subsistence minimums for each transportation.

By order of the authorized official of division of protection of frontier of Ukraine the carrier shall export the passenger to whom due to the lack of necessary documents it is refused entry into Ukraine, into the state from which the passenger was brought, or to the state which issued it the passport document, or to find other method of evacuation of such passenger out of limits of the territory of Ukraine.

The address of the passenger who is foreigner or the stateless person with the statement about recognitions by the refugee or person, nuzhdayushchimsyasya in additional protection or about the provision of shelter according to the procedure established by the law does not exempt carrier from liability provided by this Law for transportation or attempt of transportation of such passenger through frontier of Ukraine without necessary documents.

The carrier is exempted from liability provided by this Article if proves that the documents provided to it by the passenger before the international passenger transportation gave to it good causes to consider that the passenger had the documents necessary for entry into the state of following, transit.

Article 2. Bodies, authorized to consider cases on offenses

Cases on offenses, the stipulated in Article 1 this Law, consider relevant organs of protection of frontier of Ukraine.

On behalf of bodies of protection of frontier of Ukraine to consider cases on offense and have the right to impose penalties chiefs of bodies of protection of frontier of Ukraine and their deputies.

Article 3. Protocol on offense

The service employee of relevant organ of protection of frontier of Ukraine performing functions on implementation of border control about making of offense constitutes the protocol.

In the protocol are specified:

date and place of its creation;

surname, name, middle name, position of person which constituted the protocol;

name of carrier, its legal address, settlement account, identification code, date and check-in location;

surname, name, middle name of person managing the vehicle or the representative of carrier in the presence of whom the protocol is constituted;

surname, name, middle name of witnesses (in the presence);

date and place of making of offense;

the regulatory legal act providing responsibility for this offense;

other data necessary for the solution of case.

The protocol is signed by person who constituted it, and person managing the vehicle or the representative of carrier in the presence of whom the protocol on offense is constituted, and in the presence of witnesses the protocol can be signed as well by these persons.

In case of refusal person managing the vehicle or the representative of carrier, from signing of the protocol in it entry about it is made. Person managing the vehicle or the representative of carrier has the right to provide the explanation and the note concerning contents of the protocol which are attached to the protocol and also to state motives of refusal of its signing.

The protocol is constituted in duplicate. The first copy together with other documents which concern case goes within three working days from the date of making of offense to the service employee, the representative to impose penalty. The second copy is handed to person managing the vehicle or the representative of carrier, on receipt.

Article 4. The circumstances excluding proceeedings about offense

Proceeedings about offense cannot be begun, and begun are subject to closing under the following circumstances:

1) lack of event of offense;

2) to cancellation of the responsibility established by this Law;

3) state registration of the termination of carrier as a result of its liquidation (the termination of business activity for carrier - the physical person - the entrepreneur in connection with his death).

Article 5. Persons who are involved in consideration of the case about offense

Persons who are involved in consideration of the case are recognized:

representative of carrier;

witnesses;

expert;

translator;

defender.

Article 6. Representative of air carrier

Case on offense is considered in the presence of the representative of carrier. In case of its absence case can be considered only in cases when there are data on the due notice of the representative on the place and time of consideration of the case and if from it the petition for consideration delay did not arrive.

The representative of carrier who is involved in consideration of the case has the right:

study case papers and do of them statements;

offer explanations;

produce the evidence and participate in their research;

declare the petition;

use legal assistance;

act in the native language and use translation service if does not know language in which production is conducted;

appeal the resolution on case in court.

Article 7. Defender

The defender can be involved in consideration of the case about offense.

The defender has the right:

get acquainted with case papers;

declare the petition;

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