Ukrainian Parliament adopts a law regulating multimodal transport operations - Lexology
On 17 November 2021 the Ukrainian Parliament adopted the Law of Ukraine “On Multimodal Transportation” (the “Law”). The Law came into force on 19 December 2021. Its aim is the development and improvement of multimodal transportation operations—transportation of goods by two or more modes of transport based on one transportation agreement under one transportation document.
Previously, the area of multimodal transportation in Ukraine was weakly regulated. Organising transportation through several transportation means required significant effort and the cooperation of many parties. The Law simplifies these procedures by approximating the Ukrainian laws to the European Union regulation, namely the Council Directive 92/106/EEC of 7 December 1992 on the Establishment of Common Rules for Certain Types of Combined Transport of Goods between the Member States.
The most significant amendments the Law introduces are:
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Multimodal goods transport operations can be carried out under a single agreement between the customer and the operator. It is the operator’s responsibility to engage other carriers. The Law establishes material terms that must be included in such agreements.
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The operator is directly responsible for the transportation of goods during the entire transportation process. If the transported goods are damaged, the customer does not need to find out and prove which specific carrier was responsible for the damage. The customer instead is able to submit the claims for damage compensation directly to the operator.
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Further, the operator is not only responsible for the carriers’ actions, but also those of the owners/holders of multimodal terminals as well as of other third parties engaged by the operator to transport the goods.
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The responsibility of the operator is limited by an amount calculated under the terms provided by the Law. However, if the value of the goods declared by the customer in the multimodal agreements is higher than the amount of the operator’s limited responsibility under the Law, the limitation of the operator’s responsibility will be established according to the multimodal transportation agreement.
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The multimodal goods transportation is to be carried under a single transportation document (multimodal transportation document). The Law establishes material terms that must be included in such a document.
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The multimodal goods transportation will be carried out through multimodal terminals.
The Law also establishes the rights of all the participants in the multimodal transportation process—customers, operators, carriers, owners/holders of the multimodal terminals—and regulates relations related to multimodal goods transportation, such as the operation of multimodal terminals.
source: https://www.lexology.com/library/detail.aspx?g=afb456b4-128d-45d3-950b-0b67bd52c500
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