Legal advice

New rules for transporting animals in transport: what owners need to know

For many, pets have become not only beloved pets or friends, but also real members of the family. During full-scale military operations on the territory of our country, many different stories related to pets are known. Someone left a chihuahua near the car on the sidewalk, closed the door and drove away, someone was taken out by volunteers from under fire in cars with seven people and large dogs. Across the border, families ran to Europe, holding carriers with animals instead of an extra suitcase with belongings. Someone refused to leave the territory on which the occupation was approaching precisely because he had no idea where he would find housing with dogs and cats.

IA “FAKT” turned to the lawyers of the “Repeshko and Partners” Bar Association to find out what exactly has been updated, what documents will be required now, where the rights of a passenger with a pet end and violations begin.

Taking into account that right now pets are moving around the country more often than ever before, the Cabinet of Ministers of Ukraine made changes to Resolution No. 1402 of November 16, 2011, which approved the Rules for the Transportation of Animals. They establish requirements for the transportation of animals by air, road, rail, sea and river transport.

Let’s note the main things that pet owners need to know. Animals can be transported with or without an accompanying person. At the same time, the transportation of animals without an accompanying person is carried out in the case when:

  • the animals are in closed containers that are properly ventilated, contain feed and water in dispensers in a volume sufficient for transportation lasting twice as long as planned;
  • the carrier acts as an accompanying person;
  • the person who cares for the animals at the stopping points is appointed as the sender.

It is important that during the loading, transportation and unloading of animals it is prohibited to:

  • hit animals;
  • press on particularly sensitive places on the body of animals, which can cause them pain or suffering;
  • hang animals using mechanical means;
  • lift or pull animals by the head, ears, horns, paws, tail or skin;
  • use needles, spikes or other prickly means;
  • prevent the movement of animals that are taken to the place of loading, veterinary treatment, etc.

It should be remembered that, among other things, the following are considered suitable for transportation:

  • animals that feel pain during movement or cannot move on their own;
  • puppies and kittens under the age of 56 days, except when they are transported together with their mother;
  • females during the last period of pregnancy (the last tenth of the total period of pregnancy);
  • newborn animals with an unhealed umbilical cord;
  • animals with severe open wounds or loss of organs.

Sick or injured animals are considered suitable for transportation if they:

  • have minor injuries or illnesses that do not cause them additional suffering during transportation. At the same time, the issue of suitability of animals for transportation is decided upon the recommendation of a specialist in the field of veterinary medicine;
  • transported as part of the implementation of scientific research programs in the event that injury or illness is foreseen by such a program;
  • transported for the purpose of treatment or diagnosis.
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Note that the sender provides the carrier with veterinary documents (veterinary and sanitary passport, veterinary certificate) for the animals to be transported, which are attached to the transport document and confirm the possibility of transportation. The accompanying person is obliged to: provide direct protection, feed and feed, supervise the health of the animals, as well as maintain proper sanitary and technical condition of the means of transportation.

Dogs, cats and other small animals are transported in appropriate means of transportation with a continuous solid bottom, which can be located in several tiers. Dogs and cats being transported must be fed and watered at intervals not exceeding 24 and eight hours, respectively. In the case of transportation of pets by rail, dogs of large breeds are transported in the vestibule of the train car (no more than one dog in the vestibule) in muzzles on a strong leash under the supervision of an accompanying person, and dogs of small breeds are transported in the owner’s arms or under the seat.

Other animals (no more than two) are transported in the means of transportation and placed in places designated for hand luggage. In case of transportation of pets by road transport, it is allowed to transport small pets, small dogs and cats (weighing up to 10 kilograms) in special means of transportation (cage, container, box, basket, backpack, bag or other container with a waterproof absorbent bottom) in the interior of the vehicle, which make it impossible to damage or contaminate the internal equipment of the vehicle and passengers’ belongings. At the same time, transportation must be carried out in the hands of the passenger, under the seats or on the adjacent seat, provided that the seat is purchased at the cost of the adult passenger’s fare and there are absorbent mats to protect the seat.

Medium-sized dogs (weighing from 10 to 20 kilograms) and large dogs (weighing from 20 to 45 kilograms) must be transported in a muzzle and on a leash (chain or belt attachment), provided that all seats located next to the seat of the accompanying person and not separated from it by an aisle are purchased at the cost of the adult passenger. At the same time, it is prohibited to place such dogs on the seats. The dog is placed on the floor under the seats if there are absorbent mats. The accompanying person is obliged to supervise the dog in order to prevent disturbance of the peace and safety of passengers and the carrier’s staff. At the same time, it is allowed to transport no more than one (two if accompanied by one person) domestic animal specified in this point in the passenger compartment of the vehicle.

At the same time, dogs weighing more than 45 kilograms are transported according to the rules of the carrier on specially equipped transport. Transportation is carried out if the animal has a properly issued veterinary passport.

However, the transportation of guide dogs that accompany persons with disabilities, regardless of their weight, is carried out with a muzzle and a leash (chain or belt attachment). The guide dog must be close to the passenger it is accompanying and must be kept on a short leash (chain or belt leash).

In all cases, the passenger must ensure compliance with sanitary and hygienic rules and norms during the transportation of animals and eliminate their violations, except for persons with disabilities who are accompanied by a guide dog. The accompanying person is obliged to be with the animal at all times during the entire trip and not to leave the animal alone or under the supervision of outsiders.

See also  The Ministry of Education and Science of Ukraine has again taken up the task of updating the regulations on the certification of pedagogical workers, justifying this step by the need to improve the mechanisms of teacher evaluation. However, despite the promises to improve the educational process, the innovation raises doubts and concerns among many teachers. The impression is that instead of real support and development of the teaching staff, the new certification may become an additional tool of pressure on teachers. Are teachers ready for the new conditions? Will the new rules really contribute to improving the quality of education, or is this another bureaucratic requirement that focuses on formalities, ignoring the essence of pedagogical work? What's new in the regulation on certification of teachers The Ministry of Education and Science of Ukraine has updated the Regulation on Attestation of Pedagogical Employees (Order of the Ministry of Education and Science of Ukraine from 09.09.2022 No. 805, as amended by the Order from 10.09.2024 No. 1277) in order, according to the officials themselves, to improve the mechanism of teacher evaluation. According to the new order, the following changes were made to the regulation: regulated the issue of awarding pedagogical titles and qualification categories to teachers who do not have higher education; It has been determined that teachers who transfer to other educational institutions to work in the same positions or interrupt their work shall retain their pedagogical titles and qualification categories until the next attestation’. The procedure for the establishment of attestation commissions has been improved and the list of entities that may establish them has been defined. In particular, the possibility of establishing attestation commissions by private educational institutions and/or their founders has been envisaged; The awarding of the pedagogical titles ‘senior teacher’, ‘senior teacher’ and ‘senior educator’ has been regulated. They are awarded to teachers who, based on the results of previous attestation, have been assigned (confirmed) a qualification category not lower than ‘second category specialist’ (or the corresponding tariff category has been established) and whose work experience is more than 3 years; the assignment of such pedagogical titles is standardised: ‘teacher-methodist’, ‘teacher-methodist’, ‘educator-methodist’, ‘teacher-organiser-methodist’, ‘practical psychologist-methodist’, ‘circle leader-methodist’, ‘senior counselor-methodist’. They are assigned to teachers who work in the relevant positions and who, according to the results of previous attestation, have a qualification category not lower than ‘specialist of the highest category’ (or the corresponding tariff category is set), higher education and more than 5 years of work experience; It has been determined that level I attestation commissions may be established in educational institutions and separate structural subdivisions with at least 15 pedagogical staff; The issue of attestation of pedagogical workers who have a workload in several academic subjects has been regulated. In addition, not only taking professional development courses, but also receiving education in an institution of higher, professional pre-university education for the next 5 years will be counted as professional development. Also from now on, in case of teaching several subjects, teachers independently choose the sequence of professional development within the total volume of professional development (150 hours or 30 ECTS credits). Also according to the new order, after the certification sheet on the decision of the commission is issued, the head of the educational institution must issue a corresponding order, which is a document confirming the assignment of a qualification category or pedagogical title to a teacher. According to the Ministry of Education and Science, more detailed requirements for teachers' professional activities have now been established, which allows for an objective assessment of their work. teachers are obliged to take regular professional development courses and participate in professional seminars, which contributes to their professional development. the success of students has become an important indicator of the effectiveness of a teacher's work, encouraging teachers to improve teaching methods. more autonomy has also been granted to local attestation commissions, which allows them to take into account the region of the country. What teachers think about the renewal of attestation In turn, teachers themselves note the growth of bureaucratic procedures and the need to spend more time on preparation for such attestation. Indeed, the updated requirements for teachers are becoming more and more stringent every year. Teachers are forced to fulfil a lot of new criteria, submit a lot of documents and undergo complicated inspection procedures. But are these requirements justified? In most cases, they turn into additional bureaucracy that has nothing to do with improving the quality of teaching. On the contrary, teachers spend more and more time on reports rather than on the real development of their students. Here are a few comments indicative of the general mood of educators. "The problem is that the heads of the MES have no profile pedagogical education and none of them has worked in a regular school. That is, the object of management for them is terra incognito. So what adequate management decisions do you want from them?’, - Ihor Likarchuk, former head of the Ukrainian Centre for Education Quality Assessment, commented on the situation. Victoria Kudinova, teacher, Facebook user: ‘And maybe teachers should test the MES, we will also prepare a programme, and a quest 24/7 arrange, and lastly we will certify...’ Yarema Romaniuk, teacher, Facebook user: "Every year they change something. Apparently, the clerks from the Ministry have to show their ‘vigorous’ activity?" Teacher, Facebook user: "Thank you very much. The peddlers of the director and pedagogical councils recognise the courses or not. And people pay money and pass. This is really done for people!" Larisa Kotlyarenko, Facebook user: ‘The only + that can become and - it is the awarding of the highest category and titles in their own collective.’ However, the most painful remains another thing - despite the new requirements, the attitude to the teacher as a key figure of society has not changed. The teaching profession, which should be one of the most prestigious in the country, is still undervalued. Teachers, who are expected to deliver high results and innovative approaches to their work, continue to receive meagre salaries, often lacking even the basic resources for quality teaching. With conditions like these, it is not surprising that more and more teachers are leaving the profession. Miserable salaries, constant demands, and lack of support from the authorities - all of this makes even the most dedicated teachers consider changing careers. When the state does not value its teachers, it loses not only its personnel but also its future. After all, without competent and motivated teachers, Ukrainian education is sinking into the abyss. The paradox is that the Ministry of Education and Science constantly puts forward new requirements for the certification of teachers, but who protests the very officials who come up with ridiculous reforms? Have any of them worked in a school under real conditions? Do they realise what they demand from a teacher who, apart from the educational process, still has to solve a bunch of social problems of his students and work without proper support? The main question is: to what extent are the new certification rules really necessary? The MES does not offer concrete solutions on how to improve the working conditions of teachers or increase their motivation. Instead, attestation becomes a kind of test that a teacher has to pass every five years. But instead of supporting and developing specialists, certification turns into an additional stress factor. The new criteria do not take into account the real problems of the educational process: the decreasing number of students in classes, insufficient funding for schools, outdated teaching materials. What will happen to education in such conditions in a few years? If the trend with the outflow of teachers continues, Ukrainian schools will simply have no one to teach our children. Ukrainian education is on the threshold of dangerous changes. If the Ministry of Education and Science does not change its attitude to teachers, and the state does not recognise the importance of decent pay and working conditions for teachers, we risk losing a whole generation of quality specialists. After all, when teachers leave, it is not only empty seats in schools. The future of the country is left without support. It is time to recognise that reforms in education should start not with new requirements, but with care for those who work for children every day. Teachers deserve decent salaries, respect and real support, not another bureaucratic burden. Otherwise, attestation, which is supposed to assess professionalism, will turn into another tool of pressure that will get to those who have not yet broken down. How the process of attestation of pedagogical workers has changed Attestation of teaching staff in Ukraine has a long history, which changed in accordance with the social, political and economic conditions of the country. Over time, the process has been transformed, but its main shortcomings have remained unchanged: increasing demands on teachers without appropriate support and incentives. Let's take a look at how attestation was carried out in the past, what has changed now and how it has affected teachers. In Soviet times, attestation of teaching staff in Ukraine was a formal procedure that was aimed at ensuring that teachers met the requirements of the state education system. Attestation was based on clearly defined standards that had little to do with the actual skills and abilities of teachers. Evaluation was done more to maintain the image of the system than to improve the quality of education. The certification process was fully controlled by the state authorities. Teachers had to undergo compulsory certification at certain intervals. Attestation took place once every five years and teachers received qualification categories that affected their salaries and status in the education system. Although a system of professional development existed, it was more nominal. Most teachers took professional development courses only to fulfil formal requirements. After independence, Ukraine retained many features of the Soviet attestation system but tried to introduce certain changes over time. Until the latest changes, the attestation system remained bureaucratic. As before, attestation was carried out every five years. The main purpose was to confirm teachers' qualification categories. Teachers were evaluated by a special attestation commission, which consisted of school administration, trade union representatives and local education authorities. The assessment was based on teacher's work reports, analyses of lessons attended and documents confirming participation in seminars and professional development courses. Attestation was related to the assignment of qualification categories (specialist, specialist of the second, first and highest categories). A teacher's salary depended on the category. The process remained formal and often did not correspond to the real quality of teachers' work. Bureaucratisation and lack of funding prevented the creation of a real motivation system for teachers. Teachers were often required to report and participate in seminars without real changes in the teaching process. In 2023, the Ministry of Education and Science of Ukraine announced new changes to the Regulation on Attestation of Pedagogical Employees. The changes are aimed at improving the quality of education and simplifying the attestation process, but for many teachers they have become an additional burden. The new requirements have added even more burden to the routine work of teachers. Teachers now have to fulfil a greater number of criteria concerning both professional achievements and the use of modern technologies in teaching. An important component of the new system has been the assessment of pupils' progress. This has caused much discussion, as success depends on many factors that the teacher cannot always influence (social status of the family, material and technical support of the school, etc.). Teachers are now required to take regular refresher courses and participate in professional seminars. While this could be a positive aspect, many teachers note that they are forced to take these courses formally, with no real opportunity to put the knowledge into practice. Attestation commissions now have more autonomy, but this has also led to differences in approaches to attestation in different regions. With the increase in the number of criteria for certification, teachers are under more pressure. Many teachers complain that they have to spend more time preparing for certification than actually teaching. The constant pressure to meet new requirements and ensure high student results leads to stress and emotional burnout. Teachers note that the bureaucratic approach to assessing their work creates additional difficulties instead of support. Despite the new requirements, the financial situation for most teachers has not improved. Salaries remain low and additional responsibilities and requirements are not accompanied by appropriate financial incentives. Due to the increasing workload and lack of adequate conditions, many teachers are leaving the profession. This process only exacerbates the shortage of qualified teachers in Ukrainian schools. It is obvious that despite attempts to update the system of certification of teaching staff in Ukraine, most of the changes do not address the main problems, such as low salaries, insufficient support from the state and excessive bureaucratisation. The state should realise that in order to improve the situation it is necessary not only to introduce new criteria, but also to provide real support for teachers, in particular financial support, and to create conditions for their professional development that would meet modern requirements. Attestation of teaching staff abroad Attestation of teaching staff in foreign countries differs significantly from the Ukrainian system and can serve as an example for the introduction of more effective approaches to the assessment of teachers' professional performance. For example, in Finland, which is known for its high-quality education system, teacher certification is practically absent in the usual sense. In Finland, the emphasis is on teacher training and professional autonomy. Teachers receive a high level of academic training while they are still in higher education, as a master's degree is compulsory. However, teachers regularly participate in continuing education and professional development. At the same time, there is no formal appraisal system, but rather student learning outcomes are assessed. In turn, continuous professional development is voluntary and at the same time strongly encouraged by the state. In the US, teacher certification is regulated at the state level, so systems may vary. In general, however, the process involves: Regular reviews and evaluations. Administrators or head teachers observe lessons and evaluate teaching skills and ability to work with students. Professional development. teachers have the opportunity to take professional development courses. Many states require teachers to obtain certificates or licences to prove their knowledge and skills. Evaluation based on student performance. in some states, student performance on standardised tests is an important part of certification. This is controversial because student performance depends on many factors. Canada uses teacher evaluation systems similar to those in the United States, but with certain features. In some provinces, teachers must undergo regular observations and evaluations at different stages of their careers. For example, novice teachers undergo frequent examinations and supervision to test their ability to handle the classroom. Teachers must also undergo periodic professional development courses. As in the US, student results also affect teacher appraisals. In the UK, teacher certification is done through a system known as OFSTED (Office for Standards in Education), the national regulator of educational quality. Appraisal takes place through supervision and inspections, during which lessons are examined. Supervisors can come to lessons unannounced to assess a teacher's professionalism. Great emphasis is placed on pupils' results, progress and level of knowledge. Teachers are required to participate in professional development programmes and this is also taken into account in the appraisal process. Singapore, one of the countries with the most successful education systems, has introduced a comprehensive system of teacher appraisal and professional development. All teachers are required to undergo stages of regular performance evaluation based on the following criteria: performance evaluation - includes lesson observation, teacher self-assessment and student surveys; learning outcomes - student progress plays an important role; professional development - teachers should participate in continuous professional learning programmes, which are also taken into account in the evaluation. As we can see, foreign teacher appraisal systems show that the effectiveness of appraisal often depends on teachers' professional development, autonomy and support system. In many countries, teachers do not experience excessive pressure of bureaucracy, and the process of evaluation of their work is more aimed at helping them develop professional skills rather than punishing them. So, Ukrainian education is on the edge of the abyss, and the next innovations of the Ministry of Education and Science are only bringing it closer to disaster. The new certification requirements have become an additional burden on teachers who are exhausted by bureaucracy, low salaries and lack of real support. Instead of improving the working conditions of teachers, we see a mass exodus of professionals from a system that exhausts them. The question is, who will stand in front of the classroom tomorrow when today's teachers leave the profession? Unless we stop this process and offer real changes - higher salaries, less bureaucracy, support for professional development - Ukrainian education risks being left without those who create it. Famous personalities have long spoken about what a society without education is like, so it would be useful for officials from the MES to listen to them: "Without education, nations quickly turn into obedient slaves ’ - Jean-Jacques Rousseau. "A society that does not invest in education prepares the ground for its own decline ’ - Heinrich Heine. ‘Without education, society is a mob, easier to manipulate than to develop’- William Dubois. "A people deprived of education is like a man without eyes ’ - Konstantin Ushinsky. "Education is the most powerful weapon that can be used to change the world. Without it, the world will remain in the chains of ignorance.’ - Nelson Mandela. "The darkness of ignorance feeds all forms of evil, and lack of education feeds the darkness ’ - Thomas Jefferson. ‘Without education, society lives for today without building a future for itself ’ - John Dewey. "Education is the guardian of liberty. Without it, society will be confined to a framework of blind obedience ‘ - George Washington.

We would like to remind you that Ukrzaliznytsia, in turn, updated the Rules for the transportation of passengers, baggage, and cargo, in terms of the liberalization of the conditions for the transportation of pets. The rules include the following requirements:

  • large dogs (above 45 cm at the withers) can now travel in all types of carriages (in particular SV, RIC and Intercity+), if the passenger has purchased all seats in the corresponding compartment or block of seats in the same row in Intercity+ and Intercity. Dogs must be on the floor next to their owner, under or next to the seats;
  • service dogs of military personnel can travel free of charge in any carriage – they must be muzzled and on a leash;
  • animal carriers must be rigid: it is allowed to use bags, backpacks or other means of transportation with a waterproof absorbent bottom;
  • small animals (in particular, dogs up to 45 cm at the withers) can stay in the compartment without a carrier – provided that all seats are purchased.

It is important that in all cases passengers must have veterinary documents and a ticket for the animal, as well as a leash and muzzle for large dogs. In case of allergies or discomfort of other passengers, the train crew will help organize a transfer within the train.

You should know that the cost of transporting a large-breed dog and a small-breed dog (except for one individual); small rooms animals, indoor decorative birds, poultry (except for one seat) is half the cost of a full ticket for each individual or seat. If a passenger experiences discomfort or allergies due to the presence of an animal, he should contact the conductor or steward – the train crew will offer another convenient place for the onward journey.

Persons with disabilities with visual impairments, upon presentation of a document certifying the right to a benefit, are allowed to carry a guide dog with them in carriages of all categories without additional payment, while the owner of the guide dog must ensure the presence of a muzzle. The guide dog must be close to the passenger it is accompanying and must be kept on a short leash (chain or belt leash).

And finally, after the changes in the Rules for the transportation of animals, passengers should have not only carriers and documents for the animal, but also copies of current regulatory provisions, so that in the event of a conflict with the carrier or the controller, they can refer to specific wordings. It is important to clarify in advance the internal requirements of a specific carrier — some companies establish additional rules that formally do not contradict the general ones. In disputed situations, we advise you to act calmly, demand a written explanation of the refusal to transport or draw up an act, and record the violation on video — this will help protect your rights in the future.

 

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