RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 1, 2017 No. 99

About approval of the Procedure for movement of goods to the area or from the area of conducting anti-terrorist operation

According to part one of Article 4 and part one of article 14-1 of the Law of Ukraine "About fight against terrorism" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for movement of goods to the area or from the area of conducting anti-terrorist operation which is applied.

2. To the anti-terrorist center under Security service, to the Ministry of Internal Affairs, Security service, the Ministry of Defence, the Ministry of questions of temporarily occupied territories and internally displaced persons, Administration of the State Border Service, National police, the Public fiscal service with participation of the public and volunteers to provide in checkpoints of entrance/departure counteraction to illicit movement of goods, and also to establish control of movement of the humanitarian assistance to the area or from the area of conducting anti-terrorist operation (through the line of contact and/or in its limits).

3. To the ministries, other central executive bodies, state bodies to issue the acts provided by the approved this resolution Rather within two months.

4. This resolution becomes effective from the date of its publication, except Item 1 of this resolution which becomes effective in 10 days from the date of publication, and Items 9 and 31 of the Procedure approved by this resolution which become effective in month from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 1, 2017, No. 99

Procedure for movement of goods to the area or from the area of conducting anti-terrorist operation

General questions

1. This Procedure determines legal regime of movement of goods, including, recognized in accordance with the established procedure as the humanitarian assistance, to the area or from the area of conducting anti-terrorist operation (through the line of contact and/or in its limits) and extends to physical persons and subjects of housekeeping who perform such movements.

2. The terms used in this Procedure have the following value:

humanitarian platforms - the territory around conducting anti-terrorist operation on which goods control, recognized in accordance with the established procedure as the humanitarian assistance is exercised (further - humanitarian aid) are created goods for further import to temporarily uncontrollable territory by donors (foreign, domestic and International Humanitarian Organizations);

the humanitarian and logistic center - the platform in the controlled territory around conducting anti-terrorist operation on which retail and small wholesale trade by food, personal hygiene means, clothes and footwear, household chemicals, and also provision of services, the humanitarian and charitable assistance is performed;

road corridors (automobile and on the railroad) - the main directions of movement within the controlled territory equipped with route signs and information indexes from checkpoints to the line of contact;

control post within road corridors on the railroad (further - control post) - part of the checkpoint of entrance/departure on the railroad which is placed in the allocated territory of the railway station, with complex of buildings, engineering, fortification constructions and technical means where divisions of State frontier service and if necessary other divisions exercising the state control exercise control of movement of goods by railway rolling stock through the line of contact;

the checkpoint of entrance/departure - specially allocated territory on the highway with complex of buildings, special, engineering, fortification constructions and technical means where the divisions exercising the state control exercise control of movement and the omission on temporarily uncontrollable territory and from such territory of persons, vehicles, goods;

the checkpoint of entrance/departure on the railroad - specially allocated territory of the railway station with complex of buildings, special, engineering, fortification constructions and technical means where the relevant divisions exercise the state control of movement of faces, vehicles and goods, the omission on temporarily uncontrollable territory and from such territory of persons, including service personnel, and also railway rolling stock;

the control coupon - the document for internal check of passing of control by vehicles between the line of collision and the checkpoint of entrance/departure and back which form affirms the head of anti-terrorist operation;

the controlled territory - the territory around conducting anti-terrorist operation on which public authorities in full perform the powers, stipulated by the legislation;

the coordination center for questions of the mode and economic activity in the territories adjacent to safety strip along the line of contact (further the coordination center) - the division which is formed under operational staff on management of counter-terrorist operation for the purpose of the organization of issue of permissions to physical persons and decision making about inclusion of subjects of housekeeping in the corresponding lists for movement;

the line of collision - conditional differentiation between temporarily uncontrollable territory and the controlled territory;

the natural sheet - the document for control of movement of goods at checkpoints of entrance/departure on the railroad (control posts) which form affirms PJSC Ukrzheldoroga;

The joint center of civil and military cooperation - group of representatives of Armed Forces, the SSU (under approval), the Ministry of Internal Affairs (under approval), National guard (under approval), State frontier services (under approval), GFS (under approval), military civil authorities (under approval), local executive bodies (under approval), local government bodies (under approval), public organizations (under approval) which is created for coordination of collateral actions of Armed Forces, other military forming and law enforcement agencies, military civil authorities, local executive bodies, local government bodies, the international, non-state, charitable organizations, associations of citizens, mass media and for the purpose of quick response to threats of emergence of humanitarian crisis, recoveries of legality and law and order in areas (settlements) of conducting anti-terrorist operation, attraction of additional resources for needs of citizens, divisions of Armed Forces and law enforcement agencies;

the divisions exercising the state control - divisions of subjects of fight against terrorism which are involved in accordance with the established procedure in conducting anti-terrorist operation exercise control of movement of faces, vehicles and goods at checkpoints of entrance/departure, checkpoints of entrance/departure on the railroad and control posts and the territories between them along the line of contact;

temporarily uncontrollable territory - the territory in which public authorities temporarily do not perform the powers;

goods - any goods including recognized in accordance with the established procedure as the humanitarian assistance which move around conducting anti-terrorist operation through the line of contact and/or in its limits.

Other terms in this Procedure are used in the value given in the Laws of Ukraine "About fight against terrorism", "About military civil authorities", "About temporary measures for conducting anti-terrorist operation", "About the humanitarian assistance" and in other regulatory legal acts of Ukraine.

3. Movement of goods through the line of contact is performed in the places determined for this purpose by physical persons and subjects of managing with observance of provisions of this Procedure and regulations of the legislation.

According to the decision of the head of anti-terrorist operation around its carrying out additional restrictions can be set.

Checkpoints and road corridors

4. The checkpoint of entrance/departure and the checkpoint of entrance/departure on the railroad function without days off, round the clock. Control actions are performed in time established by the decision of the head of anti-terrorist operation.

Borders of the territory of the checkpoint of entrance/departure on the railroad and the checkpoint of entrance/departure are determined by the order of the head of anti-terrorist operation by representation of the head of group of the checkpoint of entrance/departure on the railroad and the senior checkpoint of entrance/departure.

5. Movement of road and rail transport within the controlled territory from the checkpoint of entrance/departure, the checkpoint of entrance/departure on the railroad to the line of contact is also back performed within the road corridors (automobile and on the railroad) determined by the head of anti-terrorist operation.

6. Road corridors are equipped with route signs and information indexes from checkpoints of entrance/departure to the line of contact and on the main ways of movement along the line of contact (within the controlled territory) to checkpoints of entrance/departure.

7. The omission of goods through the line of contact is performed by the divisions exercising the state control with putting down at checkpoints of entrance/departure and at checkpoints of entrance/departure on the railroad, control posts of marks in the control coupon, natural leaf. Movement of goods outside checkpoints of entrance/departure and checkpoints of entrance/departure on the railroad, control posts is forbidden.

8. The list of road corridors, checkpoints of entrance/departure, checkpoints of entrance/departure on the railroad affirms the head of anti-terrorist operation and is published on the official sites of GFS, State frontier service and the SSU.

Movement of goods by physical persons and subjects of managing

9. Physical persons perform movement of goods in hand luggage and/or the accompanied baggage by road transport according to the list and amounts (cost, weight, quantity) approved by MVOT.

10. The subject of managing for movement of goods shall be included in the list of the subjects of managing performing movement of goods according to this Procedure. Forms of such lists are determined by the solution of the coordination center.

11. The subject of managing (the owner or person authorized by it) which intends to move goods shall file petition in written and electronic form in GFS.

12. The application form about inclusion in the list, necessary documents and e-mail postal addresses of GFS are published on its official site.

13. The applications submitted by subjects of managing which correspond to the following signs are taken cognizance:

registered the location and stay on tax accounting in the territory of Ukraine (except temporarily uncontrollable territory and temporarily occupied territory of the Autonomous Republic of Crimea and Sevastopol);

have no tax arrears before state and local budgets;

have single cycle of production, sales of products, performance of works or rendering services of cost nature in the territory of Ukraine (except temporarily occupied territory of the Autonomous Republic of Crimea and Sevastopol) and in temporarily uncontrollable territory;

carry out calculations with use of exclusively interstate payment system.

The applications issued with violation of this Procedure are not taken cognizance.

14. GFS in time of no more than 10 working days from the moment of registration of a statement performs and directs representation to the coordination center about decision making about inclusion of subjects of managing in the corresponding lists.

In need of conducting additional check the review period of the statement can be prolonged for 10 working days.

15. The coordination center makes the decision on consideration of representation and materials to them and inclusion of subjects of managing in the corresponding lists within no more than 10 working days.

16. Lists of the subjects of managing performing movement of goods are published on the official site of GFS.

17. The bases for refusal in inclusion of subjects of managing in the list the following:

the goods belong to prohibited for movement;

receipt from law enforcement agencies of information containing signs of use of goods for the purpose of implementation of terrorist activities or making of other crime or on participation of the owner or receiver of goods in the armed (militarized) forming which are not provided by the law, or about use of means for the delivered goods for the purpose of terrorism financing;

availability of information on violation by the receiver and/or supplier of goods of the budget, tax and/or customs legislation;

absence of the owner and/or receiver of goods to the address containing in the data entered in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming, or availability of other circumstances which make impossible establishment of the location of the owner and/or receiver of goods;

provision of unreliable information about the applicant and/or goods.

18. At the checkpoint of entrance/departure, the checkpoint of entrance/departure on the railroad the representative of GFS:

checks availability of records about carrier and/or the owner of goods, the moved goods in natural leaf of railway rolling stock;

checks availability of records about carrier and/or the owner of goods, the moved goods in the corresponding list of subjects of managing promulgated on the GFS official website;

performs inspection of goods and the vehicle regarding compliance to the data declared in the corresponding list;

puts down marks in the control coupon.

19. For movement of coal products of the Ministry of Energy and Coal Mining sends information to the coordination center about inclusion of the power generation companies using coal products for power generation to the list of subjects of managing receivers of coal products.

The form of the corresponding list is determined by the solution of the coordination center and published on the official site of GFS.

Movement of coal products through the line of contact is performed by rail transport through certain checkpoints of entrance/departure on the railroad.

After the conclusion of the delivery agreement of coal with suppliers (getters, processors) the power generation companies send information together with copies of documents on making of such transaction to the coordination center.

The coordination center considers such materials no more than five working days.

20. Subjects of managing are forbidden to move on temporarily uncontrollable territory and from temporarily uncontrollable territory goods, except for:

foodstuff in determination of the Law of Ukraine "About safety and quality of foodstuff" which move as a part of humanitarian aid;

medicines in determination of the Law of Ukraine "About medicines" and the products of medical appointment moved as a part of humanitarian aid;

goods and products (including, providing functioning and servicing or are necessary in production process) the metallurgical, ore dressing, coal-mining and power generating industries, objects of critical infrastructure according to the list and amounts (cost, weight, quantity) which affirm the common decision of MVOT and the Ministry of Economic Development.

21. Subjects of managing are allowed to move goods exclusively by rail, except cases, stipulated in Item 31 this Procedure.

22. In exceptional cases according to the solution of the coordination center and in coordination with the head of anti-terrorist operation for the purpose of rapid response, the prevention and mitigation of consequences of emergence of the special social or economic circumstances connected with threat of life and to human health, violation of normal conditions of life activity and mitigation of consequences of emergency situations which make impossible observance of requirements of this Procedure through the line of contact goods without restrictions determined in this Procedure can be moved.

The coordination center informs on such solutions and the bases of their acceptance of MVOT, GFS, other interested central executive bodies. The employee of GFS at the checkpoint checks availability of the solution of the coordination center according to which movement of goods is performed, registration documents of the company carrier and/or the owner of goods and performs inspection of goods and the vehicle regarding compliance to the declared data.

Movement of goods by rail

23. Subjects of managing move goods through checkpoints of entrance/departure on the railroad which are located at railway stations, work without days off, round the clock. Control actions and crossing of the line of contact are performed round the clock or in time established by the decision of the head of anti-terrorist operation.

24. PJSC Ukrzheldoroga in terms, the procedure and amounts approved with GFS and SSU sends them summary information on movement of goods through railway stations at which checkpoints of entrance/departure act on the railroad.

25. Heads of railway stations at which checkpoints of entrance/departure act on the railroad:

upon arrival of railway rolling stock from temporarily uncontrollable territory provide on control post to officials of State frontier service natural leaf of railway rolling stock for control of goods and putting down of the corresponding special marks in it;

upon sending railway rolling stock for temporarily uncontrollable territory provide at checkpoints of entrance/departure on the railroad to officials of the divisions exercising the state control, the rail waybill, two copies of natural sheet, in the presence the contractual documents or documents determining the sender and the freight owner.

26. In exceptional cases (violation of railroad tracks, mining of ways, etc.) the coordination center in coordination with the head of anti-terrorist operation can make the decision on provision of permission to subject of managing which is included in the list, on movement of goods by road transport.

27. PJSC Ukrzheldoroga for conducting anti-terrorist operation does not accept goods for shipment, and also stops readdress of the goods following through the line of contact if owners, senders and receivers of such goods are not brought in the corresponding list according to this Procedure.

28. In travel time of railway vehicles between the line of contact and the checkpoint of entrance/departure on the railroad (control post) it is forbidden to perform stops, to change its picking and traffic route.

29. Detention of goods at the checkpoint of entrance/departure on the railroad in connection with impossibility of movement through the line of contact in the absence of signs of criminal or administrative offense, absence of the sender, receiver and owner of goods in the corresponding list according to this Procedure and in case of impossibility of their return to the owner (sender) is carried out by the divisions exercising the state control and makes sure the statements which are drawn up by employees of the railway station at which detained goods, with indication of date, time and the specific basis for detention.

The divisions exercising the state control within 10 days make the decision on opportunity or impossibility of further transportation of the detained goods to destination what report about the head of the railway station at which they detained goods.

In case of decision making on impossibility of transportation of goods to destination and issues to the receiver specified in delivery note the divisions exercising the state control inform on it with indication of the specific bases of the head of the railway station at which goods, and the consignor/consignee detained (through the railway station according to departure/appointment). At the same time requirement about need to accept back the goods which are not passed through the line of contact is imposed on the consignor.

In case of refusal the consignor from goods acceptance who is subject to return in connection with impossibility of movement through the line of contact, PJSC Ukrzheldoroga can transfer (to realize) these goods according to the procedure, established by the Charter of the railroads of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of April 6, 1998 No. 457 (The Official Bulletin of Ukraine, 1998, No. 14, the Art. 548), and other regulating documents regulating activities of rail transport.

Movement of goods in/from the humanitarian and logistic centers

30. The humanitarian and logistic centers are created and equipped in the controlled territory between the checkpoint of entrance/departure and the line of contact with the purpose of providing the population living in temporarily uncontrollable territory, goods and services, and also the humanitarian and charitable assistance.

31. The location of the humanitarian and logistic centers affirms the head of anti-terrorist operation.

The procedure of trading activity, the rule of trade servicing and provision of services in the humanitarian and logistic centers are determined by regional military civil authorities according to the legislation.

The list and amounts (cost, weight, quantity) of the goods moved in/from the humanitarian and logistic centers and through the line of contact are determined by MVOT.

32. Movement of goods for implementation of small wholesale and retail trade in the humanitarian and logistic centers is carried out by subjects of managing which location is registered in the territory of Ukraine (except temporarily uncontrollable territory and temporarily occupied territory of the Autonomous Republic of Crimea and Sevastopol).

Control actions for movement of goods in/from the humanitarian and logistic centers are performed by officials of GFS.

33. Material and other types of providing the gumanitarnologistichesky centers, and also the organization of their protection are assigned to regional military civil authorities.

Movement of humanitarian aid of temporarily uncontrollable territory

34. Movement of humanitarian aid of the International Humanitarian Organizations approved by Minsotspolitiki's order is carried out first of all on the simplified control procedure for movement of such loads of temporarily uncontrollable territory.

The list of International Humanitarian Organizations for which the simplified procedure for crossing of the line of contact will be provided is published on the official site of Minsotspolitiki.

35. Movement of humanitarian aid by International Humanitarian Organizations which is not included in the list provided by the paragraph the second Item 34 presents of the Procedure by foreign and domestic donors is performed after Minsotspolitiki's check of the documents provided by receivers of the humanitarian assistance on recognition of goods the humanitarian assistance and publications of the relevant order which will be promulgated on the official site of Minsotspolitiki.

For registration of permission to movement of humanitarian aid authorized representatives of such humanitarian organizations or the receiver of the humanitarian assistance provide to officials of GFS which are on the humanitarian platforms, the inventory recognized as the humanitarian assistance based on Minsotspolitiki's order.

36. Movement of humanitarian aid of temporarily uncontrollable territory is performed automobile and by rail within road corridors (automobile and on the railroad).

37. The humanitarian aid intended for import to temporarily uncontrollable territory is delivered accompanied by the authorized person of the donor to humanitarian platforms. The list of such platforms is determined by MVOT by the representations of regional military civil authorities approved with State frontier service, GFS and National police and published on the official site of MVOT.

38. Humanitarian aid in one vehicle (vehicles which move in column) or railway rolling stock can be created by several donors. In that case authorized representatives of all donors shall be present or authorize one of the representatives the notarized document to represent their interests.

39. Humanitarian aid can be delivered along in advance approved route to the area of conducting anti-terrorist operation or to the line of contact through the checkpoint of entrance/departure or the checkpoint of entrance/departure on the railroad for the purpose of further crossing of the line of contact.

40. The donor at least two days prior to sending humanitarian aid informs the Joint center of civil and military cooperation on the offered traffic route which is approved by the Joint center of civil and military cooperation and is in case of need adjusted.

The approved traffic route of humanitarian aid can be corrected taking into account operational situation.

The joint center of civil and military cooperation informs management of anti-terrorist operation on the planned movements of humanitarian aid around conducting anti-terrorist operation.

Activities of the Joint center of civil and military cooperation are coordinated by the head of anti-terrorist operation.

41. On the arrival of humanitarian aid on the checkpoint of entrance/departure or the checkpoint of entrance/departure on the railroad its inspection by officials of divisions, exercising the state control is carried out. The authorized person of the donor provides possibility of survey of integrity of seals and carrying out vehicle safety inspection (railway rolling stock).

42. Officials of the divisions exercising the state control having the right in the presence of the reasonable bases to check content of humanitarian aid in travel time of the vehicle (railway rolling stock) between the checkpoint of entrance/departure, the checkpoint of entrance/departure on the railroad and the line of contact.

43. Material and other types of ensuring activities of humanitarian platforms, and also the organization of their protection are assigned to regional military civil authorities.

 

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