of October 20, 1999 No. 1172-XIV
About transit of loads
This Law determines the principles of the organization and implementation of transit of loads aviation, automobile, railway, sea and inland water transport through the territory of Ukraine.
In this Law the stated below terms are used in the following value:
means of transit - the mechanical means, containers used by participants of transit for rendering (accomplishment) transit services (works);
control of transit cargoes - activities of specially authorized bodies of the executive authority and their officials at check points through frontier of Ukraine on check of compliance of transit cargoes and vehicles of transit to requirements customs, sanitary, veterinary, phytosanitary, radiological, ecological and other types of control, established only by the laws and international treaties of Ukraine;
transit of loads - transportation by vehicles of transit of transit cargoes under customs control through the territory of Ukraine between two Items or within one check point through frontier of Ukraine;
transit services (works) - the business activity of participants of transit which is directly connected with transit of loads performed within agreements (contracts) of transportation, freight forwarding, the order, agency agreements, etc.;
participants of transit are freight owners and subjects of business activity (carriers, ports, stations, freight forwarders, marine agents, customs applicants and others) who in accordance with the established procedure render (carry out) transit services (works).
The legislation on transit of loads consists of this Law, the Customs code of Ukraine, international treaties of Ukraine and other regulatory legal acts on transit of loads.
This Law does not extend to transit of mail, baggage, weapon, drugs, psychotropic substances, dangerous wastes, products of dual purpose, export and commodity import, movement of goods with use of pipeline transport and power lines.
Freedom of transit of loads is provided in the way:
lack of any discrimination against participants of transit, transit cargo on the basis of its place of origin, sending, import, export or appointment or in connection with the circumstances relating to the property right to this load or to the vehicle of transit, place of registration or flag of the last and also in case of the taxation of the transactions connected with transit of loads, except for adequate response to discriminatory measures concerning Ukraine or economic sanctions of the international organizations supported by Ukraine;
the free choice by participants of transit of transit services, works (except the cases defined by the laws and international treaties of Ukraine), those who render them (carries out), means of transit, and also transit routes;
lack of unreasonable delays and restrictions, including concerning means of transit, and exemption of any other payments, except the single collection levied at check points through frontier of Ukraine.
Transit of loads is performed by the corresponding automobile, railway, water and air means of communication lying through the check points through frontier of Ukraine determined by the Cabinet of Ministers of Ukraine taking into account liberty principle of transit and requirements of international treaties of Ukraine.
Transit of loads can be performed in the direct or mixed (combined) message. In through traffic transit of loads provides their transportation by one mode of transport without overload on another. In mixed traffic transit of loads can be connected with their overload from one mode of transport on another, conversion, sorting, packaging, measurement, accumulating, forming or crushing of batches of transit cargo, temporary storage, etc. Such transactions are performed in customs control zones only at the choice of the freight owner (authorized by him persons).
Transit of loads in through traffic provides their transportation according to the single transport document during all transit.
Transit cargoes are the bulk, bulk, bulk, piece, piece goods, cargo baggage accepted for shipment according to the agreement (contract). Such loads, and also vehicles of transit and containers are considered as checkpoints through the territory of Ukraine if passing of these loads with overload, warehousing, crushing on batch, change of the vehicle of transit or without such transactions is part of complete route of transportation which begins and comes to an end outside the territory of Ukraine.
Transit of loads is followed by the commodity-transport delivery note constituted in language of the international communication. Depending on the chosen mode of transport of such delivery note there can be air freight bill (Air Waybill), international automobile superimposed (CMR), superimposed UMVS (SMGS), the CIM document (CIM), superimposed TsIM / Regional Office of the Ministry of Internal Affairs (SIM/SMGS, TsIM/SMGS), the bill of lading (Air of Lading). Besides, transit of loads can be followed (in the presence) by the invoice (Invoice) or other document specifying goods cost, packaging leaf (specification), the load sheet (Cargo Manifest), the book of MDP (Carnet TIR), the book of ATA (Carnet ATA). When declaring transit cargoes according to the customs legislation of Ukraine in bodies of the income and charges the cargo customs declaration (CCD) or superimposed UMVS (SMGS), the CIM document (CIM), superimposed TsIM / Regional Office of the Ministry of Internal Affairs (SIM/SMGS, TsIM/SMGS), the book of MDP (Carnet TIR), the book of ATA (Carnet ATA) necessary for implementation of customs control is submitted.
In case of transit of loads by rail in customs authorities on sites to which scope of the Convention on the international rail haulings (KOTIF) extends the CIM document (CIM) is submitted. In case of transit of loads by rail on other sites in customs authorities the delivery note of Regional Office of the Ministry of Internal Affairs (SMGS) or superimposed TsIM / Regional Office of the Ministry of Internal Affairs (SIM/SMGS, TsIM/SMGS) which contains the data necessary for implementation of customs control moves.
In case of transit of loads road transport in customs authorities the cargo customs declaration (CCD) or the book of MDP (Carnet TIR) is submitted.
Declaring of transit of loads which move by air is performed according to the air freight bill (Air Waybill) and/or the load sheet (Cargo Manifest) with representation of the cargo customs declaration to customs authorities. In case of transit of load within one check point the cargo customs declaration is not submitted.
Declaring of transit cargoes which move sea and inland water transport, according to requirements of the legislation of Ukraine is performed on submission by customs authorities of the bill of lading (BILL of Lading) and the cargo customs declaration.
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