Analysis of the draft law:
Analysis of the Draft Law of Ukraine “On Safety and Interoperability of Railway Transport of Ukraine”
Essence of the Draft Law
The Draft Law of Ukraine “On Safety and Interoperability of Railway Transport of Ukraine” defines the legal and organizational principles of safety in railway transport and the technical regulation of the interoperability of the railway system. It is aimed at protecting the life and health of citizens, ensuring the defense capability of the state, as well as the technical, operational and regulatory integration of railway transport of Ukraine into a single European railway area. The goal is to gradually introduce a competitive railway transport market and improve management in the railway industry in accordance with the legal acts of the European Union.
Structure and main provisions of the Draft Law
The Draft Law consists of 9 sections:
- Section I. General Provisions: Definition of terms, scope of the Law, basic principles of safety and interoperability, state management, licensing.
- Section II. Roles of Business Entities: Principles of operation of infrastructure operators, carriers, operators of access tracks and functioning of access tracks.
- Section III. Safety in Railway Transport: Railway traffic safety management system, risk management, certification, notification system, investigation of events and protection against unlawful interference.
- Section IV. Legal Framework for Interoperability: Requirements for interoperability, authorization of structural subsystems, basic requirements for rolling stock.
- Section V. Maintenance and Repair of Rolling Stock: Requirements for entities responsible for maintenance, appointment and expansion of the scope of appointment.
- Section VI. Training and Admission to Work of Personnel: Admission of train drivers, recognition of training- of training centers, specifics of training of other personnel.
– **Section VII. Other Issues of Safety and Interoperability Assurance:** Responsibility for violation of legislation, international cooperation.
– **Section VIII. Final Provisions:** Procedure for entry into force, amendments to legislative acts, tasks of the Cabinet of Ministers of Ukraine.
– **Section IX. Transitional Provisions:** Temporary provisions regarding the activities of business entities and the validity of documents issued before the entry into force of the Law.## Key Provisions and Changes
The most important provisions that may be of interest to different groups:
– **For legislators:**
– Implementation of European safety and interoperability standards.
– Regulation of relations between business entities and the state in the field of railway transport.
– Creation of a legal framework for the further development of a competitive market for railway transportation.
– **For experts:**
– Detailing the requirements for traffic safety and risk management systems.
– Implementation of certification and authorization for business entities in the field of railway transport.
– Regulation of the activities of training centers that train train drivers.
– **For business:**
– The need to obtain licenses and certificates for conducting activities.
– Requirements for the technical condition of rolling stock and infrastructure.
– Responsibility for safety and risk management.
– **For citizens:**
– Improving the safety of railway transportation.
– Integration of the Ukrainian railway system into the European space.
– The possibility of obtaining information on the safety and quality of railway transport services.Analysis of the explanatory note:
Analysis of the Draft Law of Ukraine “On Safety and Interoperability of Railway Transport of Ukraine” Analysis of the Draft Law of Ukraine “On Safety and Interoperability of Railway Transport of Ukraine”
**Essence of the draft law**
