Some information about the draft law ‘On the system and peculiarities of the Ukrainian railway transport market functioning’, Reg. № 12142

As previously reported (see the information on the website in the News section as of 23 October 2024), the Cabinet of Ministers of Ukraine approved the Draft Law of Ukraine ‘On the System and Peculiarities of the Ukrainian Railway Transport Market Functioning’ and submitted it to the Verkhovna Rada of Ukraine (Reg. No. 12142 of 21 October 2024).

The draft law provides for the establishment of a central executive body to ensure state regulation of railway transport:

• a central executive body implementing the state policy in the field of railway transport (the Railway Transport Service), in accordance with Directive (EU) 2016/798 of the European Parliament and of the Council
  of 11 May 2016 on railway safety and Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety;
• the National Commission for State Regulation of Transport in accordance with Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area;
• National Transport Accident Investigation Bureau, in accordance with Directive (EU) 2016/798 of the European Parliament and of the Council
  of 11 May 2016 on railway safety.

The functions of the National Commission for State Regulation of Transport and the National Bureau of Transport Accident Investigation will apply to all modes of transport. These state bodies will be established by separate laws of Ukraine.

The draft law also requires

• amend six Laws of Ukraine (On Transport, On Natural Monopolies, On the Permitting System in the Field of Economic Activity, etc;)
• adopt or revise 35 acts (procedures, rules, regulations, requirements, etc.).

The Committee of the Verkhovna Rada of Ukraine on Transport and Infrastructure (Chairman of the Committee – Yuriy Kisel) has been appointed as the main committee to review this draft law.

The Association reminds that, according to the Final Provisions, the Law of Ukraine ‘On the System and Peculiarities of the Ukrainian Railway Transport Market Functioning’ shall enter into force five years after the date of termination or cancellation of martial law in Ukraine, except for the provisions of certain clauses, which shall enter into force on the day following the day of publication of this Law.

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