The Montreal Convention 1999 has applied in Ukraine since 5 May 2009. Ukraine acceded by Law No. 685-VI of 17 December 2008, and from that date the Convention displaced the Warsaw System for carriage between Ukraine and other contracting states.
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On 28 December 2024 the liability limits rose again — by 17.9%, the largest single increase since the Convention entered into force. Below are the current figures, how the two-tier liability regime works, and what changes if the claim is brought in Ukraine.
In short: the Montreal Convention 1999 has applied in Ukraine since 5 May 2009, but only where both the state of departure and the state of destination are parties. From 28 December 2024 the carrier is liable regardless of fault for passenger death or bodily injury up to 151,880 SDR, and without limit above that unless it proves no negligence. Earlier events remain under the previous limits; the limitation period is two years from arrival.
Current limits of carrier liability
| Head of claim | Original | From 28.12.2019 | Current, from 28.12.2024 |
|---|---|---|---|
| Death or bodily injury of a passenger (Art. 21) | 100,000 SDR | 128,821 SDR | 151,880 SDR |
| Delay of passengers (Art. 22(1)) | 4,150 SDR | 5,346 SDR | 6,303 SDR |
| Baggage: loss, damage, delay (Art. 22(2)) | 1,000 SDR | 1,288 SDR | 1,519 SDR |
| Cargo, per kilogram (Art. 22(3)) | 17 SDR | 22 SDR | 26 SDR |
SDR — Special Drawing Rights, the IMF unit of account, valued daily against a currency basket. Source: ICAO, 2024 Revised Limits of Liability Under the Montreal Convention 1999. Article 24 requires ICAO to review the limits every five years against inflation.
Two-tier liability for passenger injury
For death or bodily injury the Convention splits liability into two tiers. This is its central departure from the Warsaw System.
First tier — up to 151,880 SDR. Liability is strict. The carrier is liable regardless of fault, and the claimant does not need to prove negligence. The only reduction available is for contributory negligence of the injured person.
Second tier — above 151,880 SDR. There is no upper limit. To escape liability the carrier must prove that the damage was not due to its negligence or wrongful act, or that it was solely due to the act of a third party. The burden sits with the carrier, not the passenger.
Where to sue, and by when
The Convention gives the claimant a choice of five fora, and in practice that choice often matters more than the substantive rules:
- the carrier’s place of domicile;
- its principal place of business;
- the place where the contract was made, if the carrier has an establishment there;
- the place of destination;
- the passenger’s principal and permanent residence — in claims for death or injury only, and provided the carrier operates services there and has premises there. The Warsaw System had no equivalent.
Why Ukraine may be the forum. Where Ukraine is the place of destination, or, in claims for death or injury, where the passenger resides in Ukraine and the carrier operates services and has premises here, Ukrainian courts have jurisdiction under the Convention itself — no separate jurisdiction agreement is needed. Foreign carriers serving Ukrainian routes should assume Ukrainian proceedings are available to claimants, and foreign claimants with a Ukrainian nexus should weigh Ukraine against the alternatives on cost and timing rather than on the limits, which are identical everywhere.
The limitation period is two years from arrival, from the date the aircraft ought to have arrived, or from the date carriage stopped. Missing it extinguishes the right to damages itself (Article 35(1)); the method of calculating the period is determined by the law of the court seised (Article 35(2)).
Assessing a passenger claim against a Ukrainian carrier? Send the ticket and the facts — we will tell you the applicable limits, the forum options and the two-year trap.
What follows in practice
The Convention does not always apply. Both the state of departure and the state of destination must be parties. As of 2026 that is roughly 140 states plus the European Union. If either end of the itinerary is outside the Convention, the Warsaw System applies, with materially lower limits.
The limits are a ceiling, not an award. The claimant still has to prove loss. The limit only caps recovery within the first tier.
A declared special interest removes the cap for baggage and cargo. Where the passenger or consignor declared a value at check-in or consignment and paid the supplementary sum, the carrier is liable up to that declared sum rather than 1,519 SDR or 26 SDR per kilogram.
Date of the event governs which limits apply. The 2024 figures apply to events on or after 28 December 2024. Earlier incidents remain under the previous limits — so the first question in any claim is which revision was in force on the day.
Frequently asked questions
Does the Montreal Convention apply in Ukraine?
Yes. Ukraine acceded by Law No. 685-VI of 17 December 2008 and the Convention has applied since 5 May 2009. It governs carriage between Ukraine and roughly 140 other contracting states; where either end of the itinerary is outside the Convention, the Warsaw System applies with materially lower limits.
What are the current Montreal Convention liability limits?
From 28 December 2024: 151,880 SDR for death or bodily injury of a passenger, 6,303 SDR for passenger delay, 1,519 SDR for baggage and 26 SDR per kilogram of cargo. Events before that date remain under the previous revision, so the first question in any claim is which limits were in force on the day.
Can a Montreal Convention claim be brought in a Ukrainian court?
Often, yes. The Convention gives the claimant five fora, including the place of destination and, in claims for death or injury, the passenger’s principal residence where the carrier operates services and has premises there. For a flight to Ukraine, or, in claims for death or injury, a passenger resident in Ukraine where the carrier operates services and has premises here, Ukrainian courts have jurisdiction under the Convention itself — no separate jurisdiction agreement is needed.
What is the time limit for a claim against the carrier?
Two years — from arrival, from the date the aircraft ought to have arrived, or from the date carriage stopped. The period is preclusive: it does not suspend and cannot be restored.
Is 151,880 SDR the most a passenger can recover?
No. It is the ceiling of strict liability only. Above it liability is unlimited, but the carrier escapes the excess by proving the damage was not due to its negligence or wrongful act, or was solely caused by a third party.
Archive: JVS client briefing of 8 May 2009 (PDF, 3 pp., in Russian) — prepared when the Convention took effect for Ukraine. Reproduced unchanged as a historical document: the liability figures in it reflect the 2009 position and have since been revised twice, in 2019 and 2024.