Law of Ukraine
“On Ukraine’s Accession to the Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR)”
Date of entry into force:
November 16, 2012
The Convention on the Contract for the International Carriage of Goods by Road (CMR) (hereinafter referred to as “Convention”) was signed on May 19, 1956 in Geneva. Ukraine acceded to the Convention based on the Law of Ukraine N 57-V of August 1, 2006.
The Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) (hereinafter referred to as “Convention”) was signed on July 5, 1978 in Geneva.
The Law envisages Ukraine’s accession to the Protocol.
According to the Law, Ukraine does not consider itself bound by Article 8 of the Protocol, according to which any dispute between two or more Contracting Parties relating to the interpretation or application of the Protocol, which the parties are unable to settle by negotiation or other means may, at the request of any one of the Contracting Parties concerned, be referred for settlement to the International Court of Justice.
The new version of paragraph 3, Article 23 of the Convention envisages that compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight short. The Protocol supplements Article 23 of the Convention with new provisions, according to which:
- the unit of account mentioned in the Convention is the Special Drawing Right as defined by the International Monetary Fund. The above amount shall be converted into the national currency of the State of the Court seized of the case on the basis of the value of that currency on the date of the judgment or the date agreed upon by the Parties. The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by the State;
- nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the above provisions may, at the time of ratification of or accession to the Protocol to the CMR or at any time thereafter, declare that the limit of liability provided for in paragraph 3 of Article 23 of the Convention to be applied in its territory shall be 25 monetary units. The monetary unit corresponds to the 10/31 gram of gold of millesimal fineness nine hundred. The conversion shall be made according to the law of the State concerned;
- the above calculation and conversion shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amount in paragraph 3, Article 23 of the Convention.
The Law is aimed at:
- European integration of Ukraine, its development as a transit state, harmonizing the current legislation of Ukraine and adapting it to the norms and requirements of the European legislation;
- decreasing the time of freight delivery, improving the system for compensation of damages, intensifying the monitoring of adherence to the requirements for international freight transport;
- increasing the level of transport service during international transportation and efficient use of all types of the transport system resources;
- increasing the conditions of freight transport through better storage, and better relations between shippers, carriers and recipients;
- developing foreign trade relations and intensifying international cooperation of Ukraine;
- providing for gradual liberalization of shipping terms in international transport markets for domestic carriers and consumers of motor transport services;
- expanding Ukraine’s international cooperation, developing trade, increasing the amount of freights transportation and transit.