NORMATIVE AND LEGAL REGULATION OF THE RAILWAY TRANSPORT SECTOR IN UKRAINE

Abstract

The article examines the normative and legal regulation of Ukraine’s railway transport sector as a multi-level system that combines constitutional foundations; framework laws (“On Transport,” “On Railway Transport,” legislation on public procurement, concessions and PPPs, pricing and natural monopolies); by-laws of the Cabinet of Ministers and the central executive authority; as well as technical regulations and safety/ interoperability standards. The legal framework delineates the state’s roles: policy formation and oversight; management of infrastructure and rolling stock (JSC “Ukrzaliznytsia” in a transitional model); regulation of infrastructure access, licensing, tariffs and PSO compensation for socially significant passenger services; and competition and state-aid control (anti-competitive practices, neutrality toward forms of ownership). A separate block covers traffic safety rules (safety management system–SMS, incident investigation, certification of staff and rolling stock), environmental requirements, and “green” procurement.In the context of European integration, the article analyses implementation of elements of the EU railway acquis (Fourth Railway Package): third-party access, non-discriminatory infrastructure charges, TSI/ETCS, risk management, and data transparency; it underscores the need for institutional separation of operator and regulator functions and for strengthening independent access control. Under martial law, special regimes are outlined: priority transport, temporary tariff and procedural simplifications, protection of critical infrastructure, cross-border coordination and logistics corridors to TEN-T, as well as digitalisation of permits and traffic control to ensure service continuity. Key gaps are identified: fragmented competences, partially outdated by-laws, insufficient transparency of tariff methodologies, weak PSO compensation mechanisms, and limited independent dispute resolution on access and service quality. Proposed improvements include codifying by-laws into a single access regulation, introducing standard PSO contracts, updating the methodology for infrastructure charges, developing a national regulator with a clear mandate, and expanding open data and compliance. The article concludes that a coherent, modern and EU-aligned regulatory framework is critical for traffic safety, market competitiveness, investment attractiveness, and the post-war recovery of the sector.