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LAW OF UKRAINE

of June 9, 2026 No. 4904-IX

About safety and interoperability on rail transport of Ukraine

This Law determines legal and organizational basis of safety on rail transport, the legal basis of ensuring interoperability of system of rail transport for protection of life and health of citizens, ensuring defense capability of the state, technical, operational and regulatory integration of rail transport of Ukraine into single European railway space, gradual formation in Ukraine of the competitive market of rail transport and enhancement of management system in the field of rail transport according to acts of the right of the European Union.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in the following value:

1) the act of illegal intervention - action (in particular act of terrorism and cyberterrorism) or attempt of making of the action directed to violation of smooth and steady functioning of rail transport and its objects as a result of which harm is done to railway vehicles to infrastructure facilities of rail transport, life and/or human health, their property, load, baggage, cargo baggage and mails which are on object of rail transport, the environment or the real threat of approach of such effects is created;

2) traffic safety on rail transport (further - traffic safety) - condition of functioning of system of rail transport and/or its separate subsystems in case of which there are no unpredictable risks of approach of railway emergency events and their effects during movement of railway vehicles in course of carriage or shunting work and the identified risks are eliminated or reduced to the smallest acceptable level;

3) railway emergency event (further - event) - the undesirable, inadvertent, unexpected event or set of events (in particular connected among themselves by cause and effect relationship) which took place during train service and/or in use objects of rail transport including events on railway crossings, also led to death or injuring of people, damage of railway vehicles, infrastructure facilities of rail transport, load, baggage, cargo baggage, mail and/or causing other losses or harm to the environment, violation of uninterrupted train service;

4) the railway station (further - the station) - the infrastructure facility of rail transport with traveling development allowing to perform operations on acceptance and sending trains, shunting work, and also acceptance and issue of load and/or servicing of passengers by carriers;

5) railway tracks public - the railway tracks connecting railway stations among themselves or railway stations of Ukraine to railway tracks of other countries and also railway tracks within railway stations (the main, reception and sending, marshaling, loading and unloading and other sidings intended for implementation of course of carriage);

6) railway carrier (further - carrier) - the subject of managing which core activity is transportation of goods and/or passengers, baggage, cargo baggage and mail by rail (on condition of provision by such subject of service of draft) or which provides draft service has the corresponding license and bears responsibility for safety of such transportations;

7) railway rolling stock (further - railway vehicles) - power railway vehicles, in particular for shunting works, the motorvagonny railway vehicles, goods, passenger and luggage cars, special cars intended for transportation of goods and/or passengers, baggage, cargo baggage and mail, special railway vehicles for servicing of infrastructure of rail transport and ensuring functioning of rail transport;

8) interoperability - capability of system of rail transport and/or its separate subsystems to ensure safety and uninterruptedness of movement of railway vehicles with the proper level of operational efficiency on different infrastructure networks and infrastructure of rail transport thanks to technical, functional, operational and normative compatibility, technical and other parameters for which achievement determine technical regulations and technical specifications of interoperability;

9) infrastructure of rail transport - set of the objects determined by article 7 of this Law, intended for ensuring transportations by railway transport;

10) infrastructure of rail transport public (further - infrastructure public) - railway tracks public and the technological constructions placed on them, sending devices, other objects determined by this Law which directly use for implementation of transportations by railway transport;

11) essential changes - the technical, organizational and/or operational changes made by the subject of managing in the field of rail transport to one or several subsystems of rail transport or to system of rail transport in general of type, amount or the territory of transportations which can lead to increase in risk level in safety management system of movement and are estimated as essential according to criteria and according to the procedure, determined by the Cabinet of Ministers of Ukraine;

12) shunting work - any movements of power railway vehicles with cars or without cars or set of such movements performed in the access and station ways in case of accomplishment of transactions on forming/disbandment of trains, access to objects of servicing;

13) the driver of the locomotive/train (further - the driver) - person to whom the certificate of the driver according to the procedure is granted, determined by this Law;

14) network of infrastructure of rail transport public (infrastructure network) - part of infrastructure public which control is exercised by one operator of infrastructure of rail transport;

15) the training center performing preparation, retraining and advanced training of drivers of locomotives/trains (further - training center), - the subject of educational activities to which according to the procedure, determined by this Law, the certificate on recognition of the training center performing preparation, retraining and advanced training of drivers of locomotives/trains and which is included in the Register of the training centers performing preparation, retraining and advanced training of drivers of locomotives/trains (further - the Register of training centers) is granted and provides educational services in preparation, retraining and advanced training of drivers;

16) the operator of infrastructure of rail transport (further - the operator of infrastructure) - the subject of managing (economic society, which 100 percent of shares (shares) in the authorized capital belong to the state) providing creation, management and operation of infrastructure public, in particular traffic control, control, management and the alarm system and also is responsible for construction and development of infrastructure public;

17) the operator of siding - the subject of managing providing creation, management and operation of siding and who is responsible for its construction and development;

18) the operator of railway vehicles - the subject of managing providing railway vehicles to legal entities and/or physical persons for transportation of goods and/or passengers, baggage, cargo baggage and mail by rail;

19) transportation of goods and/or passengers, baggage, cargo baggage and mail railway transport transportation railway vehicles of loads and/or passengers, baggage, cargo baggage and mail from station of origin to station of destination which is performed by carrier according to the signed agreement;

20) sidings - the railway tracks which are not relating to railway tracks public and connecting ways public, in particular through other railway tracks with the separate companies, and also the railway tracks connecting the companies among themselves and which use for accomplishment of separate transactions of course of carriage;

21) subsystem of rail transport - the structural or functional part of system of rail transport determined by this Law;

22) draft service - complex of the actions aimed at providing the train with power railway vehicles and management by it for ensuring transportation of goods and/or passengers, baggage, cargo baggage and mail by rail;

23) risk in movement safety management system (further - risk) - probability of approach of event or accident that can lead to traffic safety violation, damnification of life or human health, property of physical persons and/or legal entities, the environment, and severity of such harm;

24) investigation of event - implementation of the actions directed to establishment of circumstances, organizational, qualification and technical origins of event, development of preventive actions for prevention of emergence of events and recommendations about safety;

25) the certificate of the driver - the document confirming receipt of basic education and ownership of general professional skills for management of power railway vehicles, successful passing the corresponding examinations and compliance to medical requirements;

26) the certificate of authorization - the document confirming approval of safety management system of movement by the operator of infrastructure or the operator of siding and observance of certain requirements by it, necessary for safety when implementing construction, maintenance and operation of infrastructure public or siding;

27) the safety certificate - the document confirming approval of safety management system of movement by carrier and observance of certain requirements by it, necessary for safety of movement when implementing transportation of goods and/or passengers, baggage, cargo baggage and mail by rail;

28) the certificate of the driver - the document in which sites of infrastructure of rail transport and the station to whom the driver has the right to manage trains are specified and to perform shunting work, and also types of power railway vehicles which the driver has the right to manage on such sites and stations;

29) the movement safety management system - is structured and documented in the document approved by the operator of infrastructure, carrier, operator of siding, set of the technical, technological, qualification and organizational actions aimed at safety of movement when implementing transportation of goods and/or passengers, baggage, cargo baggage and mail by rail;

30) interoperability components - technical means, the software, technologies, management systems, components, set of components, the national teams of unit or nodes of the equipment included or material and non-material objects intended for inclusion in subsystem of rail transport, in particular on which directly or indirectly interoperability of system of rail transport depends;

31) the subject responsible for maintenance and repair of railway vehicles (further - the subject responsible for maintenance), - the subject of managing having the certificate on appointment of the subject responsible for maintenance and repair of railway vehicles is included in the Register of the subjects responsible for maintenance and repair of railway vehicles, and provides services in maintenance and repair of railway vehicles according to this Law;

32) technical specifications of interoperability - the document which for ensuring accomplishment of general essential requirements of technical regulations in the field of rail transport determines special essential requirements to separate subsystems of railway transport or components of interoperability for the purpose of ensuring interoperability which approves the Cabinet of Ministers of Ukraine;

33) technological rail transport - the railway tracks and railway vehicles located in the territory of the subject of managing and intended only for domestic transports of loads and property of such subject of managing within its territory;

34) transport safety - condition of functioning of object of rail transport in case of which protection of life and the human health and their property, load, baggage, cargo baggage and mail which are on object of rail transport against negative effects of making of acts of illegal intervention is provided;

35) power railway vehicles - locomotives, shunting locomotives, the motorvagonny and other railway vehicles having traction properties which are used by subjects of managing regardless of pattern of ownership for implementation and providing course of carriage by rail.

2. Other terms are used in this Law in the following values:

terms of "commissioning", "provisions in the market", "products", "technical regulation" - in the values given in the Law of Ukraine "About technical regulations and assessment of conformity";

the term "national electronic information resource" - in the value given in the Law of Ukraine "About the basic principles of ensuring cyber security of Ukraine";

the term "employer" - in the value given in the Law of Ukraine "About labor protection".

Article 2. Law coverage

1. This Law governs the relations between subjects of managing in the field of rail transport which activities exert impact on safety and interoperability on rail transport, and the state on behalf of authorized bodies of the government.

2. Operation of this Law does not cover technological rail transport.

Article 3. The basic principles of state regulation in the field of safety and interoperability on rail transport

1. State regulation in the field of safety and interoperability on rail transport is performed on such beginnings:

1) priority of safety of movement and transport safety which are the integral components of safety on rail transport, preserving life and human health, the environment;

2) ensuring integrity and smooth functioning of infrastructure of rail transport;

3) ensuring the state control (supervision) of activities of subjects of managing in the field of rail transport regardless of pattern of ownership regarding movement safety;

4) provision to citizens and subjects of managing of public services in the field of traffic safety and interoperability on rail transport by the principle of "single window";

5) ensuring smooth, steady and steady functioning of objects of rail transport in the conditions of emergence of emergency situations and during the special period;

6) ensuring technological compatibility of national system of rail transport with trans-European transportation network on the main directions of transportations;

7) approach of technical regulation in the field of rail transport to the European practicians.

Article 4. Public administration in the field of safety and interoperability on rail transport

1. Public administration in the field of safety and interoperability on rail transport is performed by the Cabinet of Ministers of Ukraine, the central executive body providing forming of state policy in the field of rail transport, the central executive body realizing state policy in the field of rail transport, other central executive bodies within the powers determined by the law.

2. In the field of safety and interoperability on rail transport treat powers of the Cabinet of Ministers of Ukraine:

1) the direction and coordination of activities of the ministries and other central executive bodies for ensuring forming and realization of state policy in the field of safety on rail transport and concerning technical regulation in the field of rail transport;

2) approval:

Evaluation methods of compliance to safety requirements of movement on rail transport;

Procedure for estimation of risks on rail transport;

Procedure for issue, updating, updating, cancellation of the certificate of authorization and safety certificate;

Procedure for purpose of the subjects responsible for maintenance and repair of railway vehicles;

Procedure for authorization of structural subsystems of rail transport for commissioning (provision in the market);

technical specifications of interoperability;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info