According to the Air Code of Ukraine and the Rules of Air Freight, approved by the order of the State Service of Ukraine for Aviation Safety Supervision №186 of 14.03.2006, air transport is the movement of passengers, luggage and goods by air in international and domestic traffic. International transportation is a shipment in which the point of departure and destination are located in two different countries. Domestic air transportation is the transportation of goods between points located on the territory of Ukraine.

According to Art. 3, 4 of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), the documents for carriage are:

• ticket;
• luggage identification tag;
• air waybill or cargo receipt.

Chapter 3 of the Montreal Convention defines the scope of the carrier's liability and the amount of compensation for damage. According to this chapter, the carrier is responsible for:

• death and personal injury of passengers;
• luggage damage;
• cargo damage;
• delay in air transportation of passengers, luggage or cargo.

According to Art. 21 of the Montreal Convention, compensation in case of death or personal injury of passengers is limited to 100 thousand special drawing rights for each passenger. The unit of account is the "special drawing rights" unit, which is defined by the International Monetary Fund and is $ 1.41. The liability of the carrier in case of destruction, loss, damage or delay in the carriage of luggage is limited to the amount of 1000 special drawing rights for each passenger. Instead, the carrier's liability in the event of destruction, loss, damage or delay in the carriage of goods is limited to the amount of 17 special drawing rights per kilogram.

According to Art. 31 of the Montreal Convention, a prerequisite for filing a lawsuit with the carrier is a prior appeal. Receipt of the registered cargo by the authorized person without presentation of claims assumes that the luggage or cargo was delivered in a proper condition.

The person entitled to receive must send a claim to the carrier within:

• in case of luggage damage - 7 days from the moment of its receipt;
• in case of damage to the goods - 14 days from the date of receipt;
• in case of delay - 21 days.

Any claim must be made in writing within the above time limits. In the absence of claims within this period, no claims against the carrier shall be accepted, except in the case of fraud on the part of the carrier.

Regarding the jurisdiction of dispute resolution, in accordance with paragraph 1 of Art. 33 of the Montreal Convention, an action for damages may be brought at the option of the plaintiff:

• in the territory of one of the states parties to the Montreal Convention;
• to the court at the location of the carrier;
• at the place of the main activity of the carrier;
• at the place where the commercial enterprise through which the contract was concluded is located;
• to the court of destination of transportation.

An action for liability may additionally be brought in a court of law in the territory of the State Party in which the passenger was domiciled at the time of the incident. The court to which the case for damages is subject may be both a general court or an arbitral tribunal, provided that there is a separate agreement between the parties.

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