The Law of Ukraine On Seaports of Ukraine is signed
This law is aimed at legal regulation of the socio-economic and legal relations in seaports and therefore introduces quite a number of changes in the laws of Ukraine.
First of all, the approach to the definition of "seaport" has been changed. "Seaport" is now defined not as "a state transport enterprise", but as "the defined by the metes and boundsland and water areas, equipped to service the ships and passengers, carrying freight, transport and forwarding activities, as well as other related economic activities".
The new definition indicates the beginning of the end of the state monopoly in seaports, which was also confirmed by the other provisions of the law.
It shall be noted that the law clearly divides carrying out of state functions, especially those relatedto the safety navigation and collection of port dues, and commercial activities in seaports. So, on the one hand, the law stipulates that within the seaport operates business entities of all forms of property,whose activitiesare related to the servicing of vessels, passengers, cargo, and industrial enterprises, whose the main products and / or raw materials are subject to the export-import operations.
On the other hand, the law provides for the establishment of state enterprise in the form of Ukrainian administration of the seaport, which "ensures the functioning of seaports, maintenance and use of port infrastructure in state ownership, performance of other tasks entrusted to it directly and through its subsidiaries, established in each of the seaport".
The law regulates also the property relations in the seaport. For instance, the law contains provisions under which the property used in port operationscan be in the state, communal and private ownership. A special and particular attention is paid to the issuesrelated to privatization of port infrastructure and private investment.
One of innovations is the establishment of a Register of Ukrainian Seaports - an electronic database of all seaports of Ukraine with information about these ports and their activities. It is envisaged that access to this database will be free and free of charge.
In accordance with the law, port development will take place in accordance with the approved Strategy of Ukrainian Seaports Development, which will contain short, medium and long-term development prospects.
Transitional provisions of the law state that it enters into force only after 12 months from the date of its publication, with the exception of items 5 and 6 of the Transitional provisions. In accordance with these items The Cabinet of Ministers of Ukraine shall ensure, inter alia,
- inventory of assets of seaports and
- identify in each seaport the item-by-item list of strategic port infrastructure facilities and asset complex, which can be split into separate companies and carry out a full-fledged business activity.
For more detailed information, please contact Denys Rabomizo, partner,
by the phone +38 (044) 362 04 11 or e-mail
