№2(13)(2013)

Universal Postal Convention, Final Protocol of the Universal Postal Convention, the Agreement on postal payment services and the First Additional Protocol to the General Regulations of the Universal Postal Union, signed  August 12, 2008 in Geneva were approved by Decree of the President of Ukraine # 5/2013 (hereinafter - the Presidential Decree) from 09.01.2013.

We should note that previous version of the Universal Postal Convention was established October 5, 2004 in Bucharest and was enforced on  January 1, 2006, and was approved in Ukraine in accordance with the Presidential Decree of 21.06.2006, № 564/2006.

In this article we will talk about the Universal Postal Convention,  signed August 12, 2008 in Geneva, and enforced January 1, 2010 (hereinafter - the Universal Postal Convention) and approved by the Presidential Decree.

Universal Postal Convention is an international legal regulation, signed by countries-members of the Universal Postal Union, which sets rules of the international postal service. Universal Postal Union (hereinafter - UPU) is an intergovernmental specialized agency of the United Nations, established to organize and improve postal services and postal connections around the world and achieving international cooperation in the field of postal services. UPU through admitting (adoption and signing by countries-members of the UPU) the Universal Postal Convention establishes common international postal communications and improves exchange of international mail, promotes postal cooperation in countries-members of the Union, establishes tariffs for international postal services, provides settlement mechanism for disputes between countries-members of the Union and so on.

The supreme body of the UPU is the Universal Postal Congress that convenes every four years, in which, inter alia, Universal Postal Convention is admitted, reviewing provisions of which is prerequisite for compliance of international postal service with modern means of communication.

According to Art. 2 of the Universal Postal Convention, member state shall notify the International Bureau of the UPU with name and address of operator(s), officially intended for provision of postal services and obligations connected with membership in the UPU, in particular, compliance with rules set in the Universal Postal Convention. On the territory of Ukraine such designated operator is Ukrainian State Enterprise of Post "Ukrposhta" (hereinafter - USEP "Ukrposhta") and the State Enterprise of Special Communication (hereinafter - SESC).

Article 3 of the Universal Postal Convention defines service user access rights to the universal postal service, which is to give high-quality basic postal services at affordable prices, which are provided at all points of such services throughout the country on regular basis. In order to implement rules stated in Art. 3 of the Universal Postal Convention, part 2 of the same article defines that member states within its legislation, taking into account national conditions and population needs, determine offered services scope, as well as requirements for regulation of prices and service quality.

Main legal regulations governing activity for providing postal services in Ukraine are provision of Art. 31 of the Constitution, the Law "On Postal Service", Regulation of Postal Services, approved by the Cabinet of Ministers of Ukraine 05.03.2009, #270, regulations of USEP "Ukrposhta".

So, reviewing provisions of the Universal Postal Convention to improve rules of postal services and permitting such provision in Ukraine by approval the Universal Postal Convention and its annexes directly affect regulatory procedures in postal services provision at legislative level, also quality, procedure and conditions for such services provision.

According to part 3 of art. 5 of the Universal Postal Convention, member states shall ensure forwarding of mail (in case of changing destination address) and return unsent items to their designated operators (operator). Article 10 of the Universal Postal Convention provides approval and implementation by designated operators (operator) in member countries the strategies for action on sustainable development, paying great attention to environmental, social and economic activities of postal services, which aims to create favorable economic and social conditions of postal services communications and postal services activities. Let’s remind that in previous edition of the Universal Postal Convention (admitted October 5, 2004 in Bucharest) relevant article was provided to facilitate need to draw attention to environmental issues in postal services provision, which indicates that at the time of the Universal Postal Convention adoption in current edition developers anticipated relevance of social and economic issues in certain area in the near future.

Member-states of the UPU or their designated operators (operator), in accordance with Art. 14 of the Universal Postal Convention, can agree to participate in services, which are described in the Regulations, namely: e-mail service, which uses electronic transmission of messages and designated operators (operator) can offer the registration email service through confirmation of e-mail sending and delivery; EMS - service of emergent documents and cargo shipping (which in Ukraine is SESC).

Operators (operator) take responsibility for postal services provision in manner and on terms specified in art. 21 of the Universal Postal Convention. Quite significant is responsibility of assigned operators (operator) set by § 1.1.3. of art. 21 - responsibility for the registered items return, insured items and ordinary parcels, cause of miscarriage for which is not reported. Sender responsibility is stated in art. 23 of the Universal Postal Convention.

The main improvement of postal service, which was recently introduced  at USEP "Ukrposhta" to monitor location and condition of posting (very important for lawyers when needed proof of mails dispatch) by all users of postal services, is introduction of e-forms for receiving relevant information at USEP "Ukrposhta» (www.ukrposhta.com) under «On-line services".

Hopefully, this is not the last positive innovations for the main postal service operator in Ukraine - USEP "Ukrposhta".