Contract of carriage in Ukraine


The carriage contractual relations in Ukraine are regulated mainly by clauses 908 to 928 of the Civil Code of Ukraine and cover passengers and cargo transportations; and by clauses 306 to 315 of the Commercial Code of Ukraine and by numerous Ukrainian laws and bylaws. Rendering of the transportation services requires availability of appropriate license.

The cargo, baggage and passengers transportations are to be made on the grounds of the contract of carriage.

Clause 909 of the Civil Code of Ukraine provides that on the grounds of the cargo carriage contract one of the parties (the carrier) undertakes to deliver the cargo of the other party (the consignor) to the point of destination and to transfer the cargo to the person, who has the right to receive the cargo (the consignee) and the consignor undertakes to pay the carrier the agreed fee.

The cargo carriage contract is to be made in the written from. The cargo carriage contract can be confirmed with a way bill (bill of lading or other valid document).

Clause 910 of the Civil Code of Ukraine provides that on the grounds of the passengers carriage contract one of the parties (the carrier) undertakes to deliver the other party (the passenger) to the point of destination, including baggage of the passenger, and the passenger undertakes to pay the carrier the agreed fee.

In accordance with clause 911 of the Civil Code of Ukraine the passenger has the following rights:

- to get the seat in the carrier's vehicle according to his ticket;

- to transport one child bellow six years old free of charge without provision of additional seat;

- to have appropriate discounts for carrying children from six to fourteen years old;

- to carry the hand baggage within the established norms free of charge;

- to return the ticket and to get back the money paid for the same on terms and conditions of special bylaws;

- to get full and timely information about the place and the time of departure.

Clause 919 of the Civil Code of Ukraine provides that the carrier has to deliver the cargo, the passenger, the baggage and mail to the place of destination timely in accordance with terms and conditions of the carriage contract.

Clause 306 of the Commercial Code of Ukraine provides that the cargo carriage is recognized as the commercial activity connected with transportation of various cargos via automobile roads, water and airlines as well as transportation of the cargos through the pipelines. The cargo can be transported using the railway, automobile cargo vehicles, sea cargo ships and internal cargo marines, air cargo transport, pipelines, space transport and other types of transport.

Clause 307 of the Commercial Code of Ukraine provides that on the grounds of the cargo carriage contract one of the parties (the carrier) undertakes to deliver the cargo received from the other party (the consignor) to the point of destination within the term specified by the contract or by the law and to transfer the cargo to the person, who has the right to receive the cargo (the consignee) and the consignor undertakes to pay the carrier the agreed carriage fee.

The cargo carriage contract is to be made in the written form. The cargo carriage contract can be confirmed with a way bill (bill of lading or other valid document), i.e. similar to provisions of the Civil Code of Ukraine.

The carrier is responsible for integrity of the cargo starting from the moment of acceptance of the same. Such acceptance is to be confirmed with appropriate document, which is to be issued to the consignor at the point of departure. The consignor has to prepare the cargo for transportation including packaging of the cargo in the manner, which ensures integrity of the cargo during transportation.

According to clause 310 of the Commercial Code of Ukraine the carrier has to notify the consignee about delivery of the cargo to the address of the consignee. The consignee as well is obligated to accept the cargo from the carrier, however has the right to withdraw acceptance of the damaged cargo. Responsibility of the carrier for integrity of the cargo expires at the moment of acceptance of the cargo by the consignee.

According to clause 313 of the Commercial Code of Ukraine the carrier has to deliver the cargo to the point of destination in time specified by the cargo carriage contract and applicable bylaws.

Clause 314 of the Commercial Code of Ukraine provided that the carrier is liable for any loss or damage of the cargo if unable to prove that such loss or damage appeared without his fault.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.

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