Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
Recibido el 12/06/22 Aceptado el 22/08/22
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
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La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 74 (2022), 543-564
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
The Impact of Russia’s Military
Aggression on Ukraine’s Accession to the
Single European Transport Area
DOI: https://doi.org/10.46398/cuestpol.4074.30
Hennadii Ferdman *
Maksym Kiriakidi **
Volodymyr Dubovyi ***
Oleh Filonenko ****
Serhiy Benkovsky *****
Abstract
The events of recent years and the direct aggression of the
Russian Federation have forced Ukraine to reformat the transport
system on a large scale and intensify the accession to the Single
European Transport Area (SETA). The aim of this study was
to substantiate the thesis that the integration of Ukraine’s
transport system under the inuence of Russia’s military aggression is in
line with its national interests. The study involved the methods of systems
analysis, epistemological, dialectical and statistical methods, comparative
law and the method of legal modeling. Denitely, SETA is based on the
principles of unity, environmental friendliness, safety, economy, energy
saving, branching and digital modernization. It is concluded that the legal
framework for Ukraine’s accession to SETA was established with the signing
of the Agreement between Ukraine, on the one hand, and the European
Union, the European Atomic Energy Community and its member states,
on the other hand, in 2014. However, Russia’s military aggression against
Ukraine has signicantly delayed the implementation of the SETA accession
plan due to the destruction of many transport infrastructure facilities and
economic recession, among other factors.
*PhD in Public Adminiatration, Deputy Head of the Research Center of the Armed Forces of Ukraine
“State Oceanarium” on scientic work of the Institute of Naval of the National University “Odesa
Maritime Academy”, 65029, Odesa, Ukraine. ORCID: https://orcid.org/0000-0002-2023-1696
** Commandant of the Institute of Naval of the National University “Odesa Maritime Academy”, 65029,
Odesa, Ukraine. ORCID ID: https://orcid.org/0000-0003-4050-3377
*** Senior Researcher of the Research Center of the Armed Forces of Ukraine “State Oceanarium” Institute
of Naval Forces of the National University “Odesa Maritime Academy”, 65029, Odesa, Ukraine. ORCID
ID: https://orcid.org/0000-0002-2997-6723
**** Senior Researcher of the Research Center of the Armed Forces of Ukraine “State Oceanarium” Institute
of Naval Forces of the National University “Odesa Maritime Academy”, 65029, Odesa. ORCID ID:
https://orcid.org/0000-0003-3380-4390
***** PhD in Legal Sciences, Head of the Department of Social, Humanitarian and Legal Disciplines of
the Kyiv Institute of the National Guard of Ukraine, 03179, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0003-0757-9513
544
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Keywords: military aggression; single transport space; Russian
Federation; Ukraine; European Union.
El impacto de la agresión militar de Rusia en la
adhesión de Ucrania al área única europea de transporte
Resumen
Los acontecimientos de los últimos años y la agresión directa de la
Federación Rusa han obligado a Ucrania a reformatear a gran escala el
sistema de transporte e intensicar la adhesión al Área Única Europea
de Transporte (SETA). El objetivo de este estudio fue fundamentar la
tesis de que la integración del sistema de transporte de Ucrania bajo la
inuencia de la agresión militar de Rusia está en línea con sus intereses
nacionales. El estudio involucró los métodos de análisis de sistemas,
métodos epistemológicos, dialécticos y estadísticos, derecho comparado
y el método de modelado legal. Denitivamente, el SETA se basa en los
principios de unidad, respeto al medio ambiente, seguridad, economía,
ahorro energético, ramicación y modernización digital. Se concluye que
el marco jurídico para la adhesión de Ucrania a SETA se estableció con
la rma del Acuerdo entre Ucrania, por una parte, y la Unión Europea, la
Comunidad Europea de la Energía Atómica y sus Estados miembros, por
otra parte, en 2014. Sin embargo, la agresión militar de Rusia a Ucrania
ha retrasado signicativamente la implementación del plan de adhesión de
SETA debido a la destrucción de muchas instalaciones de infraestructura
de transporte y la recesión económica, entre otros factores.
Palabras clave: agresión militar; espacio único de transporte;
Federación rusa; Ucrania; Unión Europea.
Introduction
Since 2014, Russian aggression on the territory of Ukraine has entered
in its active phase. The occupier has taken control of airports and other
transport infrastructure of the Autonomous Republic of Crimea (ARC),
much of Donbas (Hai-Nyzhnyk et al., 2016). In February 2022, Russia’s
hybrid war escalated into open military aggression and led to radical
transformations in Europe and the world (OSCE, 2022).
Strengthening of the national consciousness of Ukrainian citizens and
the identication of the Ukrainian state as part of the European community
545
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 543-564
was one of the implications of the military aggression of the Russian
Federation in Ukraine. This entailed signing of the Association Agreement
with the EU in 2014. The cooperation between the EU and Ukraine in the
eld of international maritime transport (Article 135), road, rail and inland
waterway transport (Article 136), air transport (Article 137) were important
areas of this Agreement. The Association Agreement with the EU was
actually the starting point for Ukraine’s accession to the SETA. The latter
was established in July 1996 with the adoption of the Decision No. 1692/96/
EC of the European Parliament and the Council of Europe on Community
guidelines for the development of the trans-European transport network
(1996).
The 2030 National Transport Strategy of Ukraine was approved by
the Cabinet of Ministers of Ukraine No. 430-r of May 30, 2018 in order
to implement the provisions of the Association Agreement with the EU
in the eld of transport (Verkhovna Rada of Ukraine, 2018). Signing and
ratication of the Common Aviation Area Agreement between Ukraine and
the European Union was an important achievement of Ukraine after the
approval of the said Strategy (Verkhovna Rada of Ukraine, 2022).
However, there are two factors that simultaneously inuence Ukraine’s
accession to the SETA after the beginning of Russia’s military aggression.
On the one hand, the signicant destruction of transport infrastructure
as a result of direct Russian aggression is slowing down the pace of
implementation of Ukraine’s SETA accession plan. In particular, 24
thousand km of public roads were destroyed; 273 structures (bridges,
overpasses, etc.) were damaged and destroyed, 6.3 thousand km of
main tracks and 41 railway bridges were destroyed as of the end of May
2022 (Minn, 2022). On the other hand, there is an urgent need for the
organization of common transport corridors to unblock the supply of some
strategically important products from Ukraine.
So, Ukraine’s accession to the SETA is a mutually benecial area of
Ukraine - EU cooperation. This is why certain conditions must be met in the
legislative, economic, technical, administrative spheres, both on the part
of Ukraine and the EU, in order to achieve all strategic goals on this path.
Many researchers dealt with the issues of military conict between
Russia and Ukraine. In particular, Hai-Nyzhnyk et al. (2016) outlined the
prehistory of the military conict, identied areas of joint infrastructure
projects of Russia and Ukraine, including the transport projects. A number
of authors (Trofymowycz, 2016; Karpachova, 2021) studied the geopolitical
and economic background and implications of the Russia’s military
aggression on the territory of Ukraine.
A large number of studies provide the analysis of certain issues of
development of the SETA and the transport system of Ukraine. In particular,
546
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Fediay (2018) studied the features of the integration of Ukrainian transport
infrastructure into the Trans-European Transport Network (TEN-T). Other
researchers (Derkach, 2017; Żurawski vel Grajewski, 2021; Ihnatova, 2018)
studied the common transport policy of the EU, outlined the interaction of
the SETA with the transport systems of third countries. These researchers
especially focused on the ways of the SETA development.
A separate group of researchers worked on the improvement of safety,
environmental friendliness and other performance indicators of the SETA,
as well as transport systems of individual countries, including Ukraine to
meet EU requirements (Stroiko and Bondar, 2017; Gamero et al., 2018;
Shah et al., 2018; Chervinchuk et al., 2021).
The literature review give grounds to make a conclusion that the issues
of adapting the SETA development plans and Ukraine’s accession to the
SETA in view of the implications of Russia’s military aggression for Ukraine
and the world are poorly studied. In view of the foregoing, the assessment
of the impact of the Russian military aggression on Ukraine’s accession
to the SETA and the development of ways to adapt the plan of Ukraine’s
accession to the SETA is an important area of research.
1. Aim
Considering all the above, the aim of this study is to substantiate the
idea that the integration of Ukraine’s transport system into the SETA under
the inuence of Russian military aggression is in line with the national
interests of Ukraine. This aim involved the following research objectives:
1) it was argued that the SETA meets the basic eectiveness criteria; 2)
the international acts that regulate SETA’s activities, to which Ukraine has
acceded and those to be ratied, were determined; those acts were arranged
by the types of transport; 3) outlines the steps that Ukraine must take to
bring its legislation and transport infrastructure facilities to match the
appropriate requirements in order to join Ukraine’s transport system to
the SETA with due regard to the adjustments caused by Russia’s military
aggression; 4) international agreements between Ukraine and Russia to
be denunciated were identied; 5) the implications of Russia’s military
aggression for Ukraine’s accession to the SETA were summarized.
2. Methodology and methods
The methodological background of this research was a system of
methods of epistemological, dialectical and statistical analysis, methods of
generalization and grouping, system selection, comparative legal methods
547
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 543-564
and legal modelling. These methods helped to identify the main issues of
the impact of Russia’s military aggression on Ukraine’s accession to the
SETA.
The theoretical background of this research is studies that delt with the
causes and implications of Russia’s military aggression on the territory
of Ukraine, as well as the ways of Ukraine’s European integration and its
accession to the SETA.
The empirical background of this study are domestic and international
legal acts that regulate the transport system of Ukraine and the SETA,
international agreements with Russia to be denunciated, ocial statistics
on the destructions of transport infrastructure in Ukraine caused by the
military aggression, approximate investment for the restoration and
modernization of Ukraine’s transport infrastructure, data on the level of
transport safety in Europe and the EU.
The methodology of this research is based on dividing the research into
three interrelated stages.
The rst stage involved the collection and arrangement of the theoretical
background of the research, its fundamental study in order to further
search for unresolved issues in the research topic, scientic and theoretical
justication of the topicality of the research. This stage of writing a research
paper also provided for determining research methodology, identication
a system of methods that will best reveal the topic, analysing the problem
of the impact of Russian military aggression on Ukraine’s accession to the
SETA. The correct setting of the aim of the research and its objectives in
accordance with this aim was the key issue at this stage.
The next stage involved sampling for empirical research. The sample
was formed using ocial statistics. In particular, the following criteria
were used to justify the eectiveness of the SETA: trac safety, mortality
rate in accidents by mode of transport. Trac safety was measured using
data on the number of road accidents and the number of victims in the EU
— Belgium, Greece, Italy, Cyprus, Germany, Poland, France and Sweden.
Relevant data on Ukraine were also presented for comparison.
The second stage of the research provided for an assessment of the
destructions of Ukraine’s transport infrastructure caused by the Russian
military aggression based on ocial data from the Ministry of Economy of
Ukraine. The volume of freight and passenger trac in the EU and Ukraine
in the pre-war period was estimated by modes of transport. Based on the
comparison of these indicators, a conclusion was made about the impact of
destructions, the absence of air trac on the trac volume and increased
load on the railway transport.
548
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
This stage also provided for the arrangement of the international
transport-related acts involving the Russian Federation which are
denounced or need to be denounced. International acts that regulate SETA’s
activities are grouped and their status for Ukraine is determined. The steps
necessary for Ukraine’s accession to the SETA were identied.
The last stage of the research involved systematization of the results of
the analysis, which allowed to achieve the aim and full the objectives of the
study. The generalization of the obtained research results gave grounds for
the practical recommendations on the ways of adaptation of the Ukraine’s
accession plan to the SETA. The practical signicance of the research results
is the possibility of their use in the adaptation of Ukraine’s accession plan
to the SETA.
3. Results
The eciency of the SETA is based on the following interrelated indicators
(criteria) of eciency: trac safety, environmental friendliness, innovation,
energy saving, infrastructure development (comfort), branching. The EU
White Paper on Transport (Publications Oce Of The European Union,
2011) is the most important of them. Table 1 is built on the basis of these
data on the EU countries in comparison with the corresponding indicators
of Ukraine. The period of 2019-2021 is taken as a basis of measurement.
Table 1. Transport safety indicators in the EU and Ukraine
State
Years
The total number of accidents
on all modes of transport that
resulted in casualties
Mortality rate as a
result of accidents on all
modes of transport
2019 2020 2021 2019 2020 2021
Belgium 37,699 36,355 34,217 646 499 341
Greece 10,712 9,083 10,712 618 518 413
Italy 172,183 118,298 115,101 3,173 2,395 1,982
Cyprus 727 706 893 52 48 43
Germany 308,721 327,550 331,615 3,046 2,719 2,114
Poland 30,288 23,540 21,065 2,909 2,491 2 117
France 56,006 45,117 39,074 3,237 2,538 1,871
Sweden 14,951 14,735 13,076 221 204 198
Ukraine 160,675 168,107 173,012 3,454 3,541 2,560
Based on references: Bast (2022); Hellenic Statistical Authority (2022); Eurostat (n.d.);
National Police (2022).
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 543-564
Figure 1: Comparison of the level of transport safety in the EU and Ukraine in 2021.
So, among the EU countries listed in Table 1, Germany (308,721 —
331,615), Italy (172,183 — 115,101), France (56,006 — 39,074), Belgium
(37,699 — 34,217) had the largest number of trac accidents during 2019-
2021. At the same time, in all European countries, except Germany, there
is a tendency towards the reduction of the number of accidents. Ukraine
ranks second among these countries. However, in contrast to European
countries, Ukraine has a tendency towards a slight increase the number
of accidents. In particular, in 2021 the number of accidents in Ukraine
compared to 2019 increased by 7% (National Police, 2022).
The highest mortality rate from trac accidents was recorded in Poland
— 10% of the total number of accidents. Ukraine has a relatively low
mortality rate. In 2021, it was 1.5%, which is the average for the EU. That
is, in the pre-war period, Ukraine corresponded to the appropriate level of
European states in terms of the level of transport safety.
Table 2 provides data on the volume of transportation in selected EU
countries and Ukraine in the pre-war period.
550
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Table 2. The volume of transportation by mode of transport in the EU and
Ukraine in 2019-2021
Mode of
transport
/transportations
Passengers
thousand people
2019 2020 2021
Cargoes
thousand t
Passengers
thousand
people
Cargoes
thousand t
Passengers
thousand
people
Cargoes
thousand t
GREECE
Road - 354,081 - 289,246 - -
Air 54,258,826 105,403 17,341,192 72,990 32,245,559 108,580
River - - - - - -
Marine - 194,468 - 178,339 - -
Railway 19,599 98,804 10,220 90,902 12,115 92,025
ITALY
Road - 978,883 - 933,601 - -
Air 160,667,939 1,021,941 40,405,355 776,205 59,546,376 1,015,988
River - - - - - -
Marine - 508,074 - 469,635 - -
Railway 898,472 94,295 389,883 90,529 391,098 91,678
GERMANY
Road 996,500 3,208,232 - 3,119,646 - -
Air 226,764,086 46,845,523 57,795,978 4,497,805 73,597,370 5,273,263
River - 205,066 - 188,022 - -
Marine - 294,533 - 188,022 - -
Railway 2,938,023 364,120 1,752,198 325,303 1,755,995 357,564
POLAND
Road - 1,506,450 - 1,500,104 - -
Air 46,942,771 143,109 13,825,783 111,278 18,854,783 143,471
River - 2,870 - 2,517 - -
Marine - 93,864 - 88,520 - -
Railway 19,827 233,744 13,100 218,381 13,354 221,178
FRANCE
Road 859,367 1,634,946 - 1,508,016 - -
Air 168,726,788 2,371,614 50,724,011 1,938,349 66,030,409 2,275,093
River - 64,207 - 55,979 - -
Marine - 302,288 - 274,511 - -
Railway 1,265,330 91,997 723,852 69,805 725,147 71,802
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 543-564
SWEDEN
Road - 449,362 - 475,232 - -
Air 37,614,763 162,743 9,317,677 132,083 10,793,224 146,590
River - - - - - -
Marine - 170,557 - 168,970 - -
Railway 264,603 68,220 169,163 69,805 172,361 71,173
UKRAINE
Road 1,804,929.3 1,147,049.6 1,083,872.7 1,232,391.9 109,089.7 180,029.5
Air 13,705.8 92.6 4,797.5 88.3 930 100
River 589.9 9,990.2 256.5 3,788.4
500
3481.8
Marine 79.4 2120.3 52.6 1,812.2 1,818.2
Railway 154,811.8 312,938.9 68,332.5 305,480.4 91,499.6 314,300.1
Based on references: Statistics Sweden (n.d.); Eurostat (n.d); Insee (n.d.); Ukrstat (2022).
Germany has the highest volume of trac among the selected EU
countries. This may partly explain the higher level of accidents compared
to other EU countries. By modes of transport, air transport takes the largest
passenger and freight trac in all EU countries. The coronavirus pandemic
has caused the reduction in passenger trac in 2020 compared to 2019 in
all countries. However, in 2021 there was a tendency towards an increase
again.
In contrast to the EU countries, in Ukraine pre-war passenger and
freight transportation was carried out mainly by road and railway. This is
inuenced by such factors as pricing and the branching of the network of
relevant modes of transport.
At the same time, according to experts (EVA, 2021), air transport in
Ukraine received the highest score — 3.15 points out of 5 possible. All other
modes of transport received negative marks: road — 2.96 points, water
transport — 2.75 points, sea transport — 2.47 points, and rail transport —
2.45 points.
So, air transport is the most promising area of development in the context
of the accession of the Ukrainian transport system to the SETA. That is
why the Common Aviation Area Agreement was one of the rst agreements
signed between Ukraine with the EU (Verkhovna Rada of Ukraine, 2022).
However, air transport has completely ceased its activities since the
beginning of the active phase of military aggression against Ukraine. The
volume of water transport has also decreased signicantly because of the
constant threat of shelling by the Russian Federation. Table 3 below shows
552
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
the indicators of the destruction of Ukraine’s transport infrastructure since
the beginning of the active phase of Russia’s military aggression.
Table 3. Assessment of the destruction of transport infrastructure in Ukraine as a
result of military aggression by the Russian Federation as of the end of May 2022
Transport infrastructure object Destruction
scope, km/pcs Cost of losses,
million US dollars
Roads, thousand km 23.8 29,879
Civil airports, pcs 11 6,817
Railway infrastructure, thousand
tracks 6,3
3 676
Railway bridges, pcs 41
Road bridges and crossings, km 295 1,646
Military airelds, pcs 12 468
Mriia AN 225 aircraft 1 300
Based on references: Minn UA (2022).
The damage to the transport infrastructure, which slows down the rate
of economic growth in Ukraine because of the military aggression of the
Russian Federation more than twice, should have stopped the process
of joining the SETA. It has launched a process of severing transport
cooperation between Ukraine and Russia and a complete reorientation to
the EU market. Now, Ukraine is interested in attracting international aid
and investment to rebuild transport infrastructure and bring it in line with
EU standards. Besides, Ukraine’s application for EU membership will also
accelerate Ukraine’s accession to the SETA. Besides, the sanctions imposed
by the EU on Russia are forcing most European countries to reconsider
their prospects and reformat modes of transport to more environmentally
friendly.
The severance of old transport links between Ukraine and Russia
requires a revision of bilateral agreements between these countries (Table
4).
Table 4. Bilateral transport agreements between Ukraine and Russia.
Name
Date and
ground for
ratication
Summary Status for
Ukraine
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 543-564
Agreement between the
Government of Ukraine and
the Council of Ministers — the
Government of the Russian
Federation on coordination of
railway transport
14.05.1993
by signing by
governments
Transportation of passengers and
cargos between railway stations of
both states is carried out on the basis
of regulations in force at the time of
signing this Agreement.
Valid
Agreement between the
Government of Ukraine and
the Government of the Russian
Federation on the principles
of cooperation and terms of
relationship in the eld of
transport
26.05.1993
by signing by
governments
The parties determined the principles
of reciprocity, favourable conditions
for the functioning of all modes of
transport. The parties agreed to
maintain the current procedure
for international transportations
established by the intergovernmental
agreements previously concluded by
the USSR with other countries, as
well as the Conventions and other
agreements in the eld of transport, to
which the USSR was a party.
Valid
Agreement on interstate
transportation of dangerous
and label cargo
23.12.1993
by signing by
governments
For the period before the adoption
of international regulations on the
transportation of dangerous and
label cargo or development of new
ones, the parties agreed to maintain
the procedure of transportation of
such cargo previously existing in the
territory of the former USSR, including
in international trac, by rail, road,
air, river and marine transport.
Valid
Agreement between the
Government of Ukraine and
the Government of the Russian
Federation on air services and
cooperation in the eld of air
transport
12.01.1994
by signing by
governments
Determines the activities of airlines
designated by each Party for operation
of contract lines on established routes.
Valid
Agreement between the
Government of Ukraine and
the Government of the Russian
Federation on commercial
shipping
08.02.1995
by signing by
governments
Agreement on full promotion of the
freedom of commercial shipping and
refraining from any action that could
harm the normal development of
international shipping.
Valid
Agreement between the
Government of Ukraine and
the Government of the Russian
Federation on international
road transport
Ratified
by Law of
Ukraine No.
275-XIV of
20.11.98
Determines the conditions and
procedure for the passage of vehicles
(buses, trucks with or without trailers
and semi-trailers, cars) that carry
passengers and goods between the
two countries and in transit through
their territories, as well as mutual
coordination of activities that is
associated with the development and
operation of road transport.
Valid
554
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Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Agreement between the
Cabinet of Ministers of Ukraine
and the Government of the
Russian Federation on issues
of environmental safety and
environmental control in the
sites of basing of the Black Sea
Fleet of the Russian Federation
on the territory of Ukraine
18.12.1998
by signing by
governments
Ensures compliance of the Black
Sea Fleet of the Russian Federation
with the requirements of the current
legislation of Ukraine in the eld of
environmental protection, radiation
safety and rational use of natural
resources.
Valid
Agreement between Ukraine
and Russia on the status
and conditions of stay of the
Black Sea Fleet of the Russian
Federation on the territory of
Ukraine
Ratified
by Law of
Ukraine No.
547-XIV of
24.03.99
Military units carry out their activities
in places of deployment in accordance
with the legislation of the Russian
Federation, respect the sovereignty of
Ukraine, abide by its laws and do not
interfere with the internal aairs of
Ukraine.
Valid
Agreement between the
Cabinet of Ministers of
Ukraine and the Government
of the Russian Federation on
measures to ensure the safety
of navigation in the Sea of Azov
and the Kerch Strait
Approved by
Resolution of
the Cabinet
of Ministers
of Ukraine
No. 694 of
01.08.2012
Each Party shall ensure the provision
of data from the coastal AIS stations
of that Party in the Region to the other
Party. The exchange of AIS data under
this Agreement shall be free of charge.
Valid
Agreement between the Cabinet
of Ministers of Ukraine and the
Government of the Russian
Federation on cooperation in
the prevention of emergencies,
res and response in the
settlements where the Black
Sea Fleet objects of the Russian
Federation are located in the
territory of Ukraine
Ratified
by Law of
Ukraine No.
25-VII of
11.01.2013
Cooperation under this Agreement
shall be carried out in the following
areas:
prompt exchange of information on the
threat or occurrence of emergencies,
res in the settlements where the
Black Sea Fleet objects of the Russian
Federation are located on the territory
of Ukraine, etc.
Valid
Agreement between the
Cabinet of Ministers of Ukraine
and the Government of the
Russian Federation on joint
actions for the construction of
a transport crossing through
the Kerch Strait
Approved by
Resolution of
the Cabinet
of Ministers
of Ukraine
No. 34 of
29.01.2014
Establishment of approaches to the
transport crossing of each of the
Parties, which should not change the
direction and volume of the water ow
within the Kerch Strait or change its
course, as well as harm the safety of
navigation, environmental and other
safety in the area.
Denounced
b y
Resolution
of the
Cabinet of
Ministers
of Ukraine
No. 493 of
01.10.2014
So, most transport-related agreements between Ukraine and Russia are
still in force and require denunciation. These agreements are obsolete and
are not fullled by the parties.
Table 5 arranges EU international regulations by mode of transport.
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CUESTIONES POLÍTICAS
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Table 5. International regulations of the EU in the eld of transport
Name Requirements Status for Ukraine
Road transport
The Convention on Road Trac Determines consolidated trac rules Ratied with
reservations and
statements by Decree
of the Presidium of
the Verkhovna Rada
of the USSR No.
2614-VIII of 25.04.74
European Agreement concerning the
work of crews of vehicles engaged in
international road transport (AETR)
Minimum age of drivers engaged in the
carriage of goods (18 and 21 years)
The driving period between any two
periods of daily rest or between the daily
rest period and the weekly rest period,
hereinafter referred to as the daily
driving period, shall not exceed nine
hours.
Ratied by Law
No. 2819-IV of
07.09.2005
Agreement concerning the Adoption
of Harmonized Technical United
Nations Regulations for Wheeled
Vehicles, Equipment and Parts
which can be Fitted
Establishes rules for wheeled vehicles,
equipment and parts that can be tted
and/or used on wheeled vehicles.
Ratied by Law
No. 1448-III of
10.02.2000
The international occasional carriage
of passengers by coach and bus
(INTERBUS Agreement)
Determines terms of reference relating
to vehicles; market access; customs and
scal regulations, social conditions, etc.
Ratied with
reservations by
Law No. 5444-VI of
16.10.2012
Directive 2002/15/EC of the
European Parliament and of the
Council of 11 March 2002 on the
organisation of the working time
of persons performing mobile road
transport activities
Establishes minimum requirements
for the organization of working time in
order to improve the protection of health
and safety of persons engaged in mobile
road transport activities, improve
the level of road safety and level the
competitive environment.
To be ratied
(mandatory for EU
member states)
Regulation (EU) No. 165/2014 of
the European Parliament and of
the Council of 4 February 2014
on tachographs in road transport,
repealing Council Regulation (EEC)
No 3821/85 on recording equipment
in road transport and amending
Regulation (EC) No. 561/2006 of
the European Parliament and of the
Council on the harmonisation of
certain social legislation relating to
road transport
Denes the obligations and requirements
for the design, installation, use, testing
and inspection of tachographs used in
road transport.
To be ratied
(mandatory for EU
member states)
Railway transport
Council Directive 95/18/EC of 19
June 1995 on the licensing of railway
undertakings
Provides certain rights to access to
international rail transport of railway
undertakings and international
associations of railway undertakings.
To be ratied
(mandatory for EU
member states)
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of human anatomical materials
Directive 2001/14/EC of the
European Parliament and of the
Council of 26 February 2001 on the
allocation of railway infrastructure
capacity and the levying of charges
for the use of railway infrastructure
and safety certication
Restores the opportunities of European
railways of expanding access for
international rail freight transportation
to the Trans-European Rail network,
determines the requirements for the
relevant taris for railway infrastructure.
To be ratied
(mandatory for EU
member states)
Regulation (EU) No. 1315/2013
of the European Parliament and
of the Council of 11 December
2013 on Union guidelines for the
development of the trans-European
transport network and repealing
Decision No. 661/2010/EU (Eur-
Lex, 2013)
Provides for the uninterrupted, safe and
sustainable transportation of people
and cargos, ensuring the accessibility
and structural interconnection of all
regions of the EU and promoting further
economic growth and competitiveness
in the global perspective; creation
of resource-ecient and sustainable
interconnection, as well as
interoperability of dierent national
transport networks.
To be ratied
(mandatory for EU
member states)
Water transport
The Convention on the Facilitation of
International Maritime Trac, 1965
Establishes commitments in the eld of
cooperation to maximize the unication
of formalities, necessary documentation
and procedures on all matters for
which the unication will facilitate and
improve international shipping.
Adopted by
Resolution of the
Cabinet of Ministers
of Ukraine No. 775 of
21.09.93
Athens Convention relating to the
Carriage of Passengers and their
Luggage by Sea, 1974
Establishes some rules for the carriage
of passengers and their luggage by sea.
Ratied by Law
No. 115/94-VR of
15.07.94
Convention regarding the regime of
navigation on the Danube
It extends to the navigable part of the
Danube from Kelheim to the Black Sea
through the Sulina estuary with access to
the sea through the Sulina canal.
Ratied as part of the
USSR on 12.12.1946
Council Directive 96/75/EC of 19
November 1996 on the systems of
chartering and pricing in national
and international inland waterway
transport in the Community
Determines the requirements for the
chartering and pricing system for
international and domestic water
transport.
To be ratied
(mandatory for EU
member states)
Budapest Convention on the
Contract for the Carriage of Goods by
Inland Waterway (CMNI)
Establishes some uniform rules
concerning the contract of carriage of
goods by inland waterways.
Ratied by Law
No. 1229-VII of
17.04.2014
Regulation (EU) No. 1308/2013 of
the European Parliament and of
the Council of 17 December 2013
establishing a common organisation
of the markets in agricultural
products and repealing Council
Regulations (EEC) No. 922/72,
(EEC) No. 234/79, (EC) No.
1037/2001 and (EC) No. 1234/2007
Determines the requirements for any
contract of carriage under which the
port of loading or the place of acceptance
of the goods and the port of unloading
or the port of delivery are located in two
dierent states, at least one of which is a
State Party to this Convention.
To be ratied
(mandatory for EU
member states)
Air transport
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Convention on International Civil
Aviation, 1944
Established principles and measures
for the safe and orderly development
of international civil aviation, for the
establishment of international air
services on equal grounds rationally and
eciently.
Ratied on
10.08.1992
The Convention on Oences and
Certain Other Acts Committed on
Board Aircraft
Determines the rights and obligations of
Member States to counter to oenses on
board aircraft.
Decree of the
Presidium of the
Verkhovna Rada of
the USSR No. 5049-
XI of 21.12.87
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Establishes types of violations against
the safety of civil aviation and the
jurisdiction of states in the eld of
investigations.
Ratied on 23.09.71
Convention for the Unication of
Certain Rules for International
Carriage by Air
Sets the rules for the international
carriage of passengers, baggage or cargo
by an aircraft for a fee or free of charge.
Ratied by Law No.
685-VI of 17.12.2008
European Common Aviation Area
Agreement (Verkhovna Rada of
Ukraine, 2022)
The aim of this Agreement is the
gradual establishment of a CAA between
Ukraine and the EU and its Member
States, based, in particular, on identical
rules in the eld of ight safety, aviation
security, air trac management,
environmental protection, consumer
protection, electronic booking systems,
as well as on identical rules on social
aspects.
Ratied by law
No. 2067-IX of
17.02.2022
The survey of the EU international regulations listed in Table 5 shows
that their requirements are mainly aimed at improving the environmental
friendliness, safety and cost-saving of the transport system. EU institutions
are developing measures (COM (2011) 144) aimed at improving the
competitiveness of transport, reducing transport-related greenhouse gas
emissions by at least 60% by 2050 (European Commission, 2020).
As Table 5 shows, most of the agreements not ratied by Ukraine related
to rail transport. The primary reason is the non-compliance of technical
parameters of Ukrainian tracks and trains with European standards. The
infrastructure of the Ukrainian railway requires signicant modernization.
Figure 2 provides the summary of the problems related to Ukraine’s
accession to the SETS and ways to solve them in view of the impact of
military aggression by the Russian Federation.
558
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Figure 2: Scheme for determining the impact of Russian military aggression on
Ukraine’s accession to the SETA
4. Discussion
There are no studies in the academic literature which assess the
impact of the Russian military conict on Ukraine’s accession to the
SETA. However, the analysis of research papers shows that some scholars
(Trofymowycz, 2016) argue that Russia’s military aggression accelerated
the process of strengthening Ukrainian statehood, improving Ukraine’s
defence capabilities, eliminating the ideology of brotherhood of Ukrainians
and Russians, became a catalyst for orientation of the Ukrainians to
freedom and independence. We can support this view, as Russia’s military
aggression has accelerated Ukraine’s European integration.
An important area of research is the substantiation of key areas of
cooperation between Ukraine and the EU in the context of developing
Ukraine’s transport infrastructure. The researchers point to the need to
improve the eciency and eectiveness of the legal framework of Ukraine
and its integration into EU legislation; intensication of putting the
E-Customs system into operation; increasing capital investment in the
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CUESTIONES POLÍTICAS
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transport system of Ukraine through the development of public-private
partnerships with the EU companies (Ihnatova, 2018).
Other researchers hold that the creation of hubs in Ukraine and the
adoption of relevant legislation on their operation are promising areas of
Ukrainian legislation on the integration into the SETA (Derkach, 2017).
Other researchers (Stroiko and Bondar, 2017) propose to carry out sectoral
reforms in accordance with European standards; reduce greenhouse gas
emissions; increase transport safety to reduce the number of road accidents
in order to bring the transport sector of Ukraine closer to the EU transport
system. These suggestions require some adjustments with regard to the
eects of Russia’s military aggression.
A signicant number of studies (Finger and Seramova, 2020) deal with
the development of the SETA itself. Some researchers point to the need to
urgently address the problem of road congestion by encouraging the use of
private vehicles and the transition to more environmentally friendly modes
of transport. The work of other researchers (Wiesenthal e al., 2015) cover
innovations in rail and water transport.
They argue that this requires a very complex process — homologation,
which is the production of new modes of transport and improvement of
transport management systems. Some researchers set an example of
Poland to improve transport infrastructure. This state carried out the
transformation of the property of passenger carriers with the transfer
of shares to the regional authorities (Zbigniew and Ciechański, 2018).
However, the latter opinion requires a very careful approach. Unreasonable
change of ownership from state to communal or even private in the eld
of transport can have negative implications such as lack of competition,
overestimated transportation costs, etc.
It is necessary to point out the important practical importance of
research on increasing the level of safety of the SETA. Some authors (Punev,
2020) consider the need to introduce new rules for the use of transport
registrars. It is proposed to integrate them into the car system to collect
data with subsequent use in the event of an accident. The need to emend EU
legislation in this area is emphasized.
Further automation, mobility, uninterrupted transport, electrication,
distribution of high-speed land and underground transport are recognized
as key trends for the transport sector (Papadopoulos et al., 2018).
A number of authors (Gamero et al., 2018) believe that it is important
to take not only regulatory and technical measures, but also organizational
and managerial ones in order to ensure safety in transport. The latter
include (Shah et al., 2018) infrastructure improvements (safer road design,
sidewalk and trac light regulation, introduction of safe bike lanes),
updating standards on motor vehicles, improving law enforcement agencies
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of human anatomical materials
and training law enforcement ocers with the purpose of increasing the
use of seat belts and wearing helmets, etc.
Some authors (Chervinchuk et al., 2021) proposed to introduce a pan-
European system for monitoring accident statistics and information, which
can be used not only in litigation, but also as a background for analysing the
conclusions required for the development of transport safety improvement
programmes. Other researchers (Heldeweg and Broos, 2019) considered
improving the system of civil liability insurance for drivers.
The above achievements remain relevant. However, given the fact that
not only Ukraine but also most European countries are severing economic,
transport and other ties with Russia, quick reorientation to alternative,
more environmentally friendly modes of transport using alternative types
of fuel an important task in the development of the SETA in the current
situation.
Conclusions
This research and practical work gives grounds to draw the following
conclusions.
Russia’s armed aggression had a signicant impact on Ukraine’s accession
to the SETA. This impact involves the following items: 1) raising the national
self-consciousness of the Ukrainian people, reorientation of the majority to
European self-identication; 2) actual termination of cooperation between
Ukraine and Russia in the eld of transport, severance of transport links
between these states; 3) destruction of signicant volumes of transport
infrastructure of Ukraine and control over some infrastructure facilities by
the occupiers; 4) drawing signicant attention of the world, in particular,
the European community to the importance of Ukraine as a political player;
4) accelerating the process of granting Ukraine the candidate status for EU
membership.
The main SETA eciency indicators are trac safety, environmental
friendliness, energy saving, economy and comfort of dierent types of
transportation. The study showed that according to these indicators, the
SETA has a high level of eciency, and Ukraine’s accession to the SETA is
in line with the national interests of Ukraine. In the pre-war period, Ukraine
lagged behind in terms of branching of air transport, but did not lag behind
in terms of the level of safety in transport.
Ukraine must take the following steps with an extended support of the
EU in order to join the SETA, taking into account the adjustments caused
by the Russian military aggression: 1) stop the Russian military aggression
and de-occupy the occupied territories; 2) attract international investment
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and assistance from international organizations for the reconstruction of
Ukraine’s transport infrastructure; 3) involve international specialists for
technical consulting; 4) denounce Ukraine-Russia agreements in the eld
of transport; 5) obtain Ukraine’s candidate status for EU membership; 6)
ratify a number of agreements with the EU in the eld of rail, water and
other modes of transport, adapt Ukrainian legislation to EU requirements;
7) develop medium-term and short-term plans for technical standardization
and digitalization of Ukraine’s transport infrastructure with due regard to
the EU requirements.
These research ndings can be used for the purpose of the substantiated
adjustment of the plan of Ukraine’s accession to the SETA. In particular, it
is important to focus on rebuilding transport infrastructure in line with EU
standards. It is also important for Ukraine to become a candidate for EU
membership.
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Esta revista fue editada en formato digital y publicada
en octubre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 74
