RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 6, 1998 No. 457

About approval of the Charter of the railroads of Ukraine

According to article 3 of the Law of Ukraine "About rail transport" the Cabinet of Ministers of Ukraine decides:

Approve the Charter of the railroads of Ukraine it (is applied).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 6, 1998, No. 457

Charter of the railroads of Ukraine

I General provisions

1. Rail transport public (further - rail transport) is one of key branches of economy of Ukraine that provides its internal and external transport commercial ties and the needs of the population for transportations.

The main organizational link on rail transport is the railroad.

2. The charter of the railroads of Ukraine (further - the Charter) determines obligations, the rights and responsibility of the railroads, and also the companies, organizations, organizations and citizens who use railway transport.

The charter regulates procedure for the conclusion of agreements, the organization and the main condition of carriages of loads, passengers, baggage, cargo baggage and mail, basic provisions of operation of railroad side tracks, and also relations of the railroads with other modes of transport.

3. Operation of the Charter extends to transportation by railway transport of loads, passengers, baggage, cargo baggage and mail, including to carriage of goods which loading and unloading happens on railroad side tracks irrespective of patterns of ownership which do not belong to rail transport public (further - railroad side tracks).

Carriage of goods, passengers, baggage, cargo baggage and mail is performed by the railroads which are under construction before their delivery in continuous operation according to procedure which is determined the owner or control of construction and the respective railroad in coordination with Gosnadzorokhrantruda.

4. Transportation by the railroads of loads, passengers, baggage and cargo baggage in the international message is performed according to agreements on railway international services.

5. Based on this Charter Ministry of Transport claims:

a) Rules of carriage of goods (further - Rules);

b) Technical specifications on loading and fixture of loads;

c) Rules of public conveyance, baggage, cargo baggage and mail by railway transport of Ukraine (further - Rules of public conveyances);

d) other regulating documents.

Regulating documents which determine procedure and conditions of transportations, use of rail media, traffic securities, labor protections, public order, crossing of railway tracks other modes of transport and communications, flammability control, sanitary standards and rules on rail transport are obligatory for all legal entities and physical persons in the territory of Ukraine.

6. In this Charter the stated below terms are used in such value:

load - material values which are transported by rail transport in the freight railway vehicles which are specially intended for this purpose;

the consignor (the shipper, the freight owner) - the legal entity or physical person noted in the document for cargo hauling (delivery note) which trusts load to the railroad for its transportation;

the consignee (the consignee, the freight owner) - the legal entity or physical person noted in the document for cargo hauling (delivery note) which at the request of the consignor receives load;

cargo operations - loading of load on railway rolling stock, unloading of load from railway rolling stock, sorting of small departures and containers, overloads, transfer on vehicles of other mode of transport;

intra station transportations - cargo haulings from one siding on another within one station;

The collection governed transportation and rates of rail transport - the official periodical in which the regulations approved according to this Charter concerning transportation are published;

the international railway service - public conveyance, loads, baggage, cargo baggage and mail between Ukraine and foreign states;

delivery note - the main carriage document of the established form which is drawn up in connection therewith by the Charter and Rules and provided to the railroad by the sender together with load. The delivery note is obligatory double-sided written form of the agreement on cargo hauling which consists between the sender and the railroad for benefit of the third party - the receiver. The delivery note at the same time is the contract for pledge of load for providing guarantee of introduction of proper transportation payment and other payments for transportation. The delivery note accompanies load on all way of transportation to station of destination;

dangerous goods - substances, materials, products, waste of productive and other activity which through are present it of property in the presence of certain factors can in the course of transportation, during cargo works and storage to lead to explosion, the fire, damage of technical means, devices, constructions and other objects of transport, causing material losses and environmental damage, and also death, injuring, poisoning, burns, diseases of people, animal;

carriage documents - delivery note and other railway documents on load;

entrances to railway stations - automobile ways which adjoin the territory of railway station;

Rules of carriage of goods (Rule) - the regulation which concretizes the provisions provided by this Charter which regulate participation and obligations of the Parties in course of carriage of loads;

through traffic - carriage of goods, passengers, baggage and cargo baggage in borders of two and more railroads of Ukraine;

through mixed traffic - transportation which is performed by the railroads and other modes of transport according to the single transport document during the whole way of the direction;

cargo rates, passengers, baggage, cargo baggage - system of price rates and rules of their application on which calculations for transportation by the railroads are perfromed;

charges - price rates at which calculations for accomplishment by the companies of rail transport of the works and services connected with carriage of goods, passengers, baggage, cargo baggage are perfromed;

Technical specifications on loading and fixture of loads - obligatory for observance by all participants of transportation of the requirement concerning placement, fixing, method of loading, unloading of cars, safety control of movement, safety of railway rolling stock and loads (further - Technical specifications);

vehicles - railway rolling stock (cars of all types, locomotives, motor-rail transport) and containers.

II. Cargo economy. Devices for servicing of passengers

7. The railroads perform carriage of goods, passengers, baggage, cargo baggage and mail between the stations open for accomplishment of the corresponding transactions.

Stations perform the transactions connected with public conveyance, baggage and cargo baggage with acceptance, issue of loads car, small departures and in containers, and under contracts with senders and receivers - their loading and unloading. Stations can open for carrying out all or separate transactions.

Opening or closing of stations for implementation of all or separate transactions is performed the Ukrzheldortransy ambassador of publication about it in the Collection of rules of transportations and rates of rail transport. At the same time the question of operation of the low-operating unprofitable railway districts, stations, and also railroad side tracks which consist on balance of the railroads is solved together with relevant organs of the executive authority and local government bodies.

In case of rejection by local government bodies (within 6 months after the address of the railroad) decisions on compensation of losses from local budgets or at the expense of the companies which are serviced by these sites stations and sidings, Ukrzheldortrans in coordination with Ministry of Transport has the right to make the decision on closing of unprofitable sites, stations and sidings.

8. Carriage of goods, passengers, baggage, cargo baggage and mail is performed by the railroads in cars of the park of the railroads or leased from the railroads, and also in own cars which belong to the companies, the organizations, organizations, citizens - the subjects of business activity including located outside Ukraine.

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