The concept and features of the contract for the carriage of goods. According to paragraph 1 of Art. 784 of the Civil Code, the carriage of goods, passengers and baggage is carried out on the basis of a contract of carriage. At the same time, the contract for the carriage of goods found its general settlement in Art. 785 of the Civil Code, and the contract for the carriage of passengers - in Art. 786 GK. Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods. In separate transport charters and codes similar definitions of the contract of transportation of goods and the contract of transportation of passengers and luggage are given (see, for example, item 103 VK; item 82 UZhT, etc.) * (524).
The contract for the carriage of goods is bilaterally binding, paid, real. The bilateral-binding nature of the contract implies the presence in the contract of carriage of mutual rights and obligations for all parties to the contract. The sign of compensation follows from the very definition of the contract for the carriage of goods in paragraph 1 of Art. 785 of the Civil Code, which mentions the obligation of the sender to pay the established fee for the carriage of goods.
The sign of reality deserves a somewhat more detailed analysis. The term "entrusted cargo" in the legal definition of the contract of carriage means "previously transferred cargo", which traditionally emphasizes the real sign of the contract for the carriage of goods. Meanwhile, in water and air transport, a contract for the carriage of goods, concluded in the form of a charter (charter), belongs to the category of consensual. In maritime transport, the contract of carriage (charter contract, or charter) is consensual.
The contract for the carriage of goods may be of a public nature (Article 789 of the Civil Code). To do this, the transport organization must act as a carrier common use, endowed with the function of a public carrier. Transportation carried out by a commercial organization is recognized as transportation by public transport, if it follows from the law, other legal acts that this organization is obliged to carry out the transportation of goods, passengers and luggage at the request of any citizen or legal entity. Moreover, this organization should be included in a special published list of persons obliged to carry out transportation by public transport.
Elements of a contract for the carriage of goods. The subject of the contract for the carriage of goods is the relationship between the parties (the consignor and / or consignee, on the one hand, and the carrier, on the other) regarding the corresponding movement of goods * (525). At the same time, the appropriate movement of goods implies compliance with regulatory and contractual requirements for the time and quality of delivery of goods, as well as their proper acceptance.
The parties to the contract for the carriage of goods are the consignor and the carrier. The consignor is that person on behalf of which the cargo for transportation * (526) is handed over. Modern legislation under the consignor understands an individual or legal entity who, under a contract of carriage, acts on his own behalf or on behalf of the owner of the goods and who is indicated in the shipping document (Article 2 UZhT, Art. 2 UAT). It is with the sender that the carrier concludes a contract for the carriage of goods, and between the sender and the carrier a corresponding obligation for carriage arises.
The carrier, as determined by G.F. Shershenevich * (527), is the person who assumes the obligation to deliver with his means of transportation and hand over the cargo entrusted to him. The carrier (railway, shipping company, air transport operator) can only be commercial organization or an individual entrepreneur entitled to carry out cargo transportation by law or on the basis of a license. At the same time, all transportation, with the exception of automobile transportation, is subject to mandatory licensing (clause 1, article 17 federal law about licensing certain types activities * (528)). However, the movement of goods for own needs does not fall under the definition of transportation activities. On all modes of transport, except for railway, private persons can also be carriers.
Due to the specifics of transportation activities, several persons may act on the side of the carrier. This applies to the cases of direct and direct multimodal transport described above.
In addition to the sender and the carrier, concluding between themselves a contract for the carriage of goods, its subjects (but not parties) also include the recipient (consignee) * (529). The parties proceed from the consignee's tacit consent to the terms of the contract, which, according to a number of authors, does not correspond to the basic principles of civil law * (530). In Russian legal science, the opinion prevails that the carriage of goods is carried out on the basis of an agreement in favor of a third party, and the recipient of the goods is a third party in such an agreement * (531). At the same time, it should be noted that, in some contradiction to the construction of the contract in favor of a third party, the recipient of the goods also acquires certain obligations to the carrier (Articles 792, 796 of the Civil Code; clause 2 of Article 103 of the VC; Article 111, Articles 72, 73 etc. KVVT, part 2, article 17 UAT, etc.).
In all contractual relationships that are of a continuing nature, such an element as time is of great importance. Therefore, the term is often defined as an essential condition. This is the case, for example, with a work contract, in which the legislator provides for special requirements for the definition in the contract of the initial and final dates for the performance of work (Article 708 of the Civil Code), recognizing the essential importance of the deadline.
In the definition of the contract for the carriage of goods, there is no indication of the period (Article 785 of the Civil Code). However, Art. 792 of the Civil Code determines the obligation of the carrier to deliver the goods to the destination within the time limits determined in the manner prescribed transport charters and codes, and in the absence of such terms - within a reasonable time * (532).
According to Art. 152 of the KTM, dedicated to the procedure for establishing a time limit and determining the route for the carriage of goods, the carrier is obliged to deliver the goods on time and by the route established by agreement of the parties, in the absence of an agreement - within the time that is reasonable to require from a caring carrier, taking into account specific circumstances, and by the usual route.
Article 33 of the UZHT determines that carriers are obliged to deliver goods to their destination and within the prescribed time. At the same time, the law establishes that the terms for the delivery of goods by rail and the rules for calculating such terms are approved by the federal executive body in the field of railway transport in agreement with the federal executive body in the field of economics. Consignors, consignees and carriers may provide in contracts for a different delivery time of goods.
Calculation of the term of delivery of goods starts from 24 hours of the day of receipt of goods for transportation. The date of acceptance of goods for transportation and the estimated date of expiration of the delivery of goods, determined on the basis of the rules for the carriage of goods by rail or on the basis of an agreement between the parties, is indicated by the carrier in the railway bill of lading and receipts issued to shippers on the receipt of goods. Moreover, the goods are considered delivered on time if, before the expiration of the delivery period specified in the railway bill of lading and the receipt of acceptance of goods, the carrier unloaded the goods at the destination railway station or wagons, containers with goods were submitted for unloading to the consignees or owners railway tracks non-public use for consignees. Goods are also considered to be delivered on time if they arrive at the destination railway station before the expiration of the delivery time specified in the railway bill of lading and the receipt of acceptance of goods and if the subsequent delay in the supply of wagons, containers with such goods for unloading occurred due to the fact that the unloading front is occupied due to reasons depending on the consignee, the payment for the carriage of goods and other payments due to the carrier have not been paid, or due to other reasons depending on the consignee, about which an act of a general form is drawn up.
The contract of carriage is of a reimbursable nature. The price of the contract of carriage is formed by the freight charge (freight). The amount of the carriage fee is established by agreement of the parties, unless otherwise provided by law or other legal acts (Article 790 of the Civil Code). An exception to this rule applies to transportation by public transport; the payment here is defined on the basis of tariffs (item 2 of item 790 GK) * (533).
The Civil Code does not contain special requirements on the form of a contract of carriage, which implies an appeal to the general provisions of the Code on the form of transactions and contracts. However, transport charters and codes establish special requirements for the form of the contract for the relevant carriage of goods. So, paragraph 1 of Art. 117 KTM obliges the parties to the contract of carriage of goods by sea to draw it up in writing * (534). A contract for the carriage of goods may be concluded on the basis of:
1) applications (orders) for railway, river, road and air transport;
2) agreements on the organization of transportation (annual, navigational, etc.) on any type of transport.
So, according to Art. 11 UZHT for the carriage of goods by rail, the consignor submits to the carrier a duly executed and in the required number of copies of the application for the carriage of goods. Such an application is submitted by the consignor indicating the number of wagons and tons, railway stations destination and other information provided for by the rules for the carriage of goods by rail. In the application, the consignor must indicate the validity period of the application, but not more than 45 days. In this case, applications are submitted at least 10 days before the start of cargo transportation in direct rail traffic and at least 15 days before the start of cargo transportation in direct international traffic and indirect international traffic and in direct and indirect mixed traffic, and also if the destinations ports are specified.
On road transport the conclusion of a contract for the carriage of goods is confirmed by the consignment note (part 1 of article 8 of the UAT 2007). At the same time, an agreement for the carriage of goods by road can be concluded by accepting the order for execution by the carrier, and if there is an agreement on the organization of transportation of goods, the application of the consignor (part 5 of article 8 of the UAT).
KVVT clearly indicates the application as the basis for the subsequent conclusion of a contract for the carriage of goods, while not forgetting to emphasize the role of the contract on the organization of transportation. In accordance with par. 1 p. 1 art. 66 KVVT "carriage of goods is carried out on the basis of contracts for the carriage of goods in accordance with the applications of consignors and contracts for the organization of transportation of goods, as well as as they are presented for transportation."
According to paragraph 2 of Art. 785 of the Civil Code, the conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.
In transportation relations, the principle of a single document (or a single document system) is applied, as follows from paragraph 2 of Art. 785. Allocate a system:
1) a consignment note applicable to all modes of transport (see article 25 of the UZHT; article 105 of the VC; article 143 of the KTM; article 8 of the UAT; clause 2 of article 67 of the KVVT);
2) bill of lading (Article 142 et seq. KTM) and
3) charter (clause 2, article 117 of the KTM).
The procedure for issuing transport documents is defined in detail in the rules of transportation for the corresponding type of transport, and in rail, air and road transport, a single form of basic transport documents is used for this transport. Shipping companies use their own pro forma bills of lading in water transport. According to Art. 25 UZhT upon presentation of cargo for transportation, the consignor must submit to the carrier for each shipment of cargo a railway waybill drawn up in accordance with the rules for the carriage of goods by rail and other documents provided for by the relevant regulatory legal acts. At the same time, the specified railway waybill and the receipt issued on its basis by the carrier to the consignor confirming the conclusion of the contract for the carriage of goods.
The content of the contract for the carriage of goods. It is formed by the rights and obligations of the parties to the legal relationship that correspond to each other.
The carrier has the following responsibilities. If the contract of carriage is consensual in nature, the carrier must ensure the timely and proper delivery of the vehicle (Article 791 of the Civil Code; Articles 69, 73 of the KVVT; Articles 124, 128 of the KTM; Article 9 of the UAT). Accordingly, the shipper has the right to require the carrier to fulfill this obligation. So, according to Art. 128 KTM when transporting cargo under a charter, the carrier is obliged to deliver the ship within the time period stipulated by the charter; at the same time, if the ship is not delivered within the stipulated time, the charterer has the right to cancel the contract for the carriage of goods by sea and demand compensation for losses.
In accordance with paragraph 1 of Art. 124 KTM, the carrier is obliged in advance, before the start of the voyage, to bring the vessel into a seaworthy condition: to ensure the technical suitability of the vessel for navigation, properly equip the vessel, equip it with a crew and supply it with everything necessary, as well as bring the holds and other premises of the vessel in which the cargo is transported, in a condition that ensures proper acceptance, transportation and safety of the cargo.
Next, the carrier must deliver the goods to the destination. This duty includes several components. First of all, the carrier is obliged to deliver the goods on time. This obligation arises from the urgent nature of the contract of carriage. In most cases, the terms of delivery of goods are determined in a regulatory manner. The terms of delivery of goods are calculated based on the most rational routes, unless otherwise provided by the contract of carriage.
Moreover, the cargo must be delivered safely (Art. 150 KTM; Art. 25 UZHT; Art. 15 UAT). The carrier bears this obligation from the moment the cargo is accepted for transportation until it is delivered to the consignee. In fulfillment of this obligation, the carrier is obliged to comply with the conditions and mode of transportation of individual goods (for example, maintain a certain temperature regime in refrigerated cars); apply techniques and methods of driving vehicles that ensure the safety of the goods being transported (for example, it cannot be transported on high speed sprayed cargo on open rolling stock); carry out special measures to ensure the safety of goods (for example, to protect goods from theft).
Finally, upon the arrival of the cargo at the destination, the carrier must notify the consignee of the fact of the delivery (Art. 79 KVVT; Art. 111 VC) or the delay in delivery (Part 2 of Art. 14 UAT). The fulfillment by the carrier of this obligation predetermines the obligation of the consignee indicated in the transportation documents to dispose of the cargo (accept and export the cargo).
The shipper, in turn, has the following responsibilities. In the consensual contract of carriage, he undertakes to provide the goods for transportation on time, as well as to ensure compliance with the loading deadlines (Article 69 KVVT; Art. 10, 11 UAT; Art. 130 KTM). Further, the shipper is obliged to pay for the carriage of goods (Article 790 of the Civil Code; Article 75 of the KVVT; Article 30 of the UZhT). Payment for transportation is made by the sender, as a rule, before the delivery of the goods for transportation. Final settlements are made between the carrier and the shipper at the destination. According to Art. 163 KTM, all payments due to the carrier are paid by the sender or the charterer; in cases stipulated by an agreement between the sender or the charterer and the carrier, and when data on this is included in the bill of lading, transfer of payments to the recipient * (535) is allowed.
The carrier has the right to retain the cargo in case of failure to fulfill the specified obligation to pay for the carriage (Article 359-360 of the Civil Code; paragraph 8 of Article 79 of the KVVT; Article 35 of the UZhT; Article 160 of the KTM) * (536).
The obligations of the consignee are established by transport charters and codes, but, as noted in the literature, do not follow from Art. 430 and paragraph 3 of Art. 308 of the Civil Code, as well as at one time, did not follow from Art. 167 GK RSFSR 1964 It is "a tribute to long-term practice" * (537). At the same time, the main obligations of the consignee are the acceptance of cargo and its removal from the station (port) (Articles 11, 15 of the UAT; Articles 111, 112 of the VC; Articles 160 of the KTM; Articles 67, 79 of the KVVT; Articles 21, 35 of the UZhT) .
Property liability in transportation obligations. Property liability in the obligation to transport goods is based on general principles responsibility, enshrined in Ch. 25 GK. At the same time, it has significant specifics in comparison with liability for violation of other civil law obligations. This specificity is manifested in the conditions, form, volume and procedure for the implementation of liability measures.
First of all, due to the real nature of the contract of carriage, the so-called pre-contractual liability for the obligation of carriage and liability for violation of the actual contract of carriage are distinguished. In the first case, the relevant sanctions are established by law; in the second case, along with the sanctions provided for by law, sanctions imposed by the parties themselves may be applied.
At the same time, Art. 793 of the Civil Code establishes an important rule that agreements transport organizations with cargo owners cannot limit or eliminate the statutory liability of carriers: such agreements are declared invalid in advance. Exceptions are cases provided for the carriage of goods (but not passengers / luggage) by transport charters and codes * (538). However, the parties have the right to establish in the contract liability for violation of obligations for the carriage of goods, when it is not provided for by law, as well as increase the liability established by law (Article 123 of the VC).
Exclusively by law, liability is established for violation of the obligation to fulfill submitted and satisfied orders (applications) for the carriage of goods (clause 1 of article 794 of the Civil Code). The current transport charters and codes establish the liability of the carrier and consignor for non-delivery and non-use of vehicles in the form of payment of fines and penalties, which are in the nature of an exceptional penalty (Article 100-102 UZHT; Article 115 KVVT).
However, the new UAT provides, along with the payment by the carrier of a penalty in the form of a fine or a penalty fee, also provides for the possibility of recovery by the consignor (charterer) from the carrier (charterer) of the losses caused "in the manner prescribed by law Russian Federation"(part 4 of article 34 UAT) * (539).
For infringement of terms of loading the penalty is provided (item 43 UZhT, item 35 UAT) * (540).
In case of delay in the delivery of cargo, the shipper has the right to collect a fine (penalty) from the carrier, the amount of which depends on the duration of the delay and is usually calculated as a percentage of the carriage charge. Collection of a fine (penalty) is possible if the carrier is at fault, but at the same time, his fault in the delay is assumed. The carrier pays a fine in the amount of 10 to 90% of the carriage charge (in air transport - up to 50%), depending on the duration of the delay.
The extent of the carrier's liability for non-safety of cargo is limited by law. Unlike other civil law obligations, the principle of full compensation for harm does not apply here. According to paragraph 2 of Art. 796 of the Civil Code, damage caused during the carriage of goods is compensated by the carrier:
in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
in case of damage (spoilage) of the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.
At the same time, the carrier bears responsibility for the non-safety of the cargo only if it is his own fault, although he is an entrepreneur. This circumstance is regulated in detail by the provisions of Art. 119 VK; Art. 161, 162 KTM; Art. 42, 96 UZHT; Art. 34 UAT; Art. 117 KVVT. Paragraph 1 of Art. 796 of the Civil Code does not contain a mention of the carrier's fault as a condition of his liability, however, it is generally recognized that the carrier is not liable in the presence of circumstances that he "could not prevent and the elimination of which did not depend on him" * (541).
The transport charters and codes contain a list of circumstances, proving the presence of any of which the carrier is exempted from liability for improper (unsafe) transportation (Article 95 of the UZhT; Article 118 of the KVVT; Clause 5 of Article 34 of the UAT). So, in Art. 118 ITC mentions such circumstances as the presence of restrictions or prohibitions on the movement of ships for the period of such restrictions or prohibitions; saving the life of people or property on the water; the presence of incorrect actions and instructions of the consignor or the sender of the towed object in case of evidence of such actions and instructions; presence hidden flaws container, cargo or its properties; the established difference in the weight of the cargo within the limits of natural loss, decrease in humidity and discrepancy between the norms in the readings of weighing instruments, as well as the difference in the weight of the cargo accepted for transportation based on the weight determined by the consignor without the participation of the carrier; delivery of cargo on a serviceable vessel with serviceable locking and sealing devices or accompanied by a representative of the consignor, consignee without locking and sealing devices, if there is a note about this in the consignment note, etc.
This list is not exhaustive, so the carrier has the right to prove other circumstances that indicate the absence of his fault.
It should be noted that there are no indications in the Civil Code, according to which transport charters and codes may provide for cases when the proof of the carrier's fault in the failure to preserve the cargo is assigned to the cargo owner * (542).
A predetermined distribution of the risk of loss should be distinguished from property liability for violation of the obligation to transport. True, it is currently used only in maritime law, which knows the concept of "accident". The accident can be general and private. In case of general average, losses are inflicted in the interests of all participants in the carriage (Article 284 of the KTM). At the same time, losses must be of an extraordinary nature and be the result of intentional and reasonable actions in order to save the ship, cargo or freight from a common danger for them. They are distributed among the owner of the ship, cargo and freight in proportion to their value.
In the absence of general average conditions, a partial accident occurs. For example, excessive fuel consumption to overcome a headwind would be a private accident, since these expenses are not extraordinary, but are the result of normal maritime hazards. IN this case losses are attributed to the participant in the carriage who actually incurred them.
Procedural features of imposing responsibility on the parties to the contract for the carriage of goods. The procedural legislation establishes the principle of exclusive jurisdiction in cases from the carriage of goods: claims against the carrier arising from the contract for the carriage of goods, including if the carrier is one of the defendants, are brought to the appropriate court at the location of the carrier * (543).
In the event of a dispute between the parties to the contract for the carriage of goods, the procedure for filing a claim is required (part 5, article 4 of the APC; part 3, article 30 of the Code of Civil Procedure). This means that before filing a claim against the carrier, it is mandatory to file a claim against him in the manner prescribed by the transport charter or code (Article 797 of the Civil Code; Article 24 of the VC; Article 120 of the UZhT; Part 2 of Article 39 of the UAT; Article 403 of the KTM; article 161 KVVT). An exception to this is the provision of art. 403 KTM, providing that the obligation to make a claim remains in cabotage, i.e. during sea transportation between the ports of the Russian Federation).
A claim should be understood as a written demand addressed to the carrier for the payment of a fine or compensation for losses in connection with the improper performance of the carriage obligation. The claim from the contract for the carriage of goods is presented to the management of the destination station * (544).
When filing a claim, it is necessary to submit a commercial act, which is a document certifying damage to the cargo, its shortage, individual violations of the contract that arose in the process of its execution * (545).
The term for filing a claim is, as a rule, 6 months, for fines - 45 days (Article 123 UZhT; Art. 126 VC) * (546).
The legislator obliges the carrier to respond to the claim of the consignor or consignee within 30 days (paragraph 2 of article 797 of the Civil Code). In transport charters and codes, the specified period is specified. So, according to par. 1 st. 124 UZHT, the carrier is obliged to consider the received claim and notify the applicant in writing of the results of its consideration within 30 days from the date of receipt of the claim. In accordance with paragraph 1 of Art. 128 BK, the carrier is obliged within 30 days from the date of receipt of the claim to consider it and notify the consignor or consignee in writing of the satisfaction or rejection of the claim.
In case of partial or complete rejection of the claim or in case of non-receipt of a response to the claim within the appropriate period, the person who filed the claim has the right to file a claim.
The limitation period for claims from a contract for the carriage of goods is one year (clause 3, article 797 of the Civil Code; article 408 of the KTM; clause 3 of article 164 of the KVVT; article 42 of the UAT). At the same time, the limitation period begins to expire from the moment determined in transport charters and codes * (547).

The concept of transportation and other transport obligations. By virtue of the obligation of carriage, the carrier undertakes to deliver the cargo or passenger to the specified destination, and the sender of the cargo (luggage), passenger or other person undertakes to pay remuneration for the specified transportation services (to pay a carriage charge).

In pre-revolutionary Russian law, the contract of carriage was also designated as a freight contract. G.F. Shershenevich determined that "a contract of carriage or a freight contract is represented by an agreement by virtue of which one party, the carrier, undertakes, for a fee, to deliver the things accepted by it from the other party, the sender, by land or water, by its means of transportation, to the appointed place, where to hand over specific person, recipient. The term "freight" has been preserved in the text of modern regulations in the regulation of the so-called charter contract (Article 787 of the Civil Code), which has become a kind of development of the contractual structure of transportation. In addition, the term "freight" is used by the legislator to refer to the carriage charge (for example, paragraph 1 of article 115 of the KTM).

In this case, transport obligations are called obligations for the carriage of goods, passengers and baggage, as well as other obligations for the provision of transport services associated with transportation, or aimed at moving goods in another way. Thus, the concept of a transport obligation is broader than the concept of a carriage obligation. Among transport obligations, along with transportation, one can note such as expedition, vehicle rental (this type of obligation is discussed in Chapter 35 of this textbook), towing, etc.

As noted in the literature, it is necessary to distinguish between the concepts of “transportation of cargo” and “transportation”, since transportation seems to be a broader concept: “transportation is not only transportation, but also the movement of cargo in any way, for example, pumping oil, supplying gas through main pipelines. only products move in this way: oil, gas.

Types of contract of carriage. There are various bases for classifying contracts of carriage, in particular by mode of transport and by the number of organizations involved in the carriage. In addition, the legislator distinguishes between contracts for the carriage of goods (Article 785 of the Civil Code) and contracts for the carriage of passengers (Article 786 of the Civil Code). Finally, the legislator highlights charter agreements (Article 787 of the Civil Code), transportation by public transport (Article 789 of the Civil Code), on the organization of transportation (Article 798 of the Civil Code), as well as agreements between the transport organizations themselves (Article 799 of the Civil Code).

Contracts of carriage can be classified according to the mode of transport. The transport system of Russia includes rail, river (inland water), sea, road and air transport (in total, therefore, there are five types of transport. By type of transport, freight traffic is divided into railway, road, inland water, sea and air transportation contracts. At the same time, according to G.F. Shershenevich, the contract of carriage by sea was the first subject to "normalization" "first by customary law, and then by the legislature"; "with the development of the rail track, legislation paid attention to rail transportation"; "later improvement of shipbuilding technology aroused interest in communication along rivers and lakes. "The contract for road transportation and the contract for air transportation received due regulatory consolidation as a result of the development of road and air communications in the 20th century.

On a territorial basis, transportation is classified into domestic and international, as well as urban (within one settlement), suburban (outside the settlement up to 50 km inclusive), and intercity (outside 50 km). The significance of classification on a territorial basis lies in the fact that in urban and suburban transportation, the recipient has the right to refuse to accept cargo that does not comply with the contract or is not provided for by the contract. In intercity transportation, as well as in the case of centralized export of goods from the station, the recipient of the cargo is obliged to ensure its responsible storage.

Depending on the number of organizations involved in the transportation, the legislator distinguishes between local transportation, direct transportation and direct multimodal transportation (see, for example, Article 2 of the UZHT).

Local is the transportation carried out by one transport organization within the territorial boundaries of its activities (for example, rail transportation from Kazan to Moscow along the Gorky Railway).

Direct transportation is called, in which several transport organizations of the same type of transport participate (for example, rail transportation from Kazan to St. Petersburg along the Gorky, and then along the Oktyabrskaya railway).

Direct mixed transportation is the transportation of goods, passengers and baggage, in which at least two modes of transport participate, when transportation is carried out according to a single transportation document for the entire route. Important in the design of direct multimodal transport is the ability to move cargo using one shipping document using various transport organizations, organizations of various modes of transport (for example, transportation by river rail, and then by road to the destination). The relationship of transport organizations in the transportation of goods, passengers and baggage different types of transport under a single transport document, as well as the procedure for organizing these transportations, are determined by agreements between organizations of the corresponding modes of transport, concluded in accordance with the law on direct mixed (combined) transportation. A special law on direct mixed (combined) transportation (Article 788 of the Civil Code) has not yet been adopted, however, the relevant rules are contained in separate regulations transport legislation (see, for example, art. 68 UZhT). The legislator distinguishes between a contract for the carriage of goods (Article 785 of the Civil Code) and an agreement on the organization of transportation of goods (Article 798 of the Civil Code). The need for the existence of such a long-term agreement as an agreement on the organization of transportation of goods is associated with the implementation of systematic transportation, when the carrier undertakes to accept in a timely manner, and the cargo owner - to present goods for transportation in a stipulated volume. An agreement on the organization of transportation of goods may have different names depending on the type of transport (annual for road transport, navigation for river transport, etc.), but the point is to bind the parties to future transportation with a common obligation. The agreement on the organization of transportation may define the forms for specifying the obligations for the presentation of cargo and the supply of vehicles, the procedure for settlements, etc. Here, in addition, only the total volume of cargo to be transported during the stipulated period may be determined and there may be measures of responsibility for failure to comply transportation of cargo in this volume as a whole according to the results of the period stipulated in the contract.

To organize relationships between various transport organizations, the legislator provided for the possibility of concluding agreements between transport organizations (Article 799 of the Civil Code): between organizations of various types of transport, agreements can be concluded on the organization of work to ensure the transportation of goods (nodal agreements, contracts for centralized delivery (export) of goods and etc.). The procedure for concluding such agreements between transport organizations is determined by transport charters and codes, other laws and other legal acts.

For the carriage of passengers, the legislator provided for a special type of contract (Article 786 of the Civil Code). Under the contract for the carriage of a passenger, the carrier undertakes to transport the passenger to the destination, and in the case of the passenger's baggage, also deliver the baggage to the destination and issue it to the person authorized to receive the baggage; the passenger undertakes to pay the established fare, and when checking in the baggage, also for the carriage of the baggage.

In addition, the legislator identifies a special type of contract of carriage - a charter (charter) contract. Under a charter agreement (charter), one party (the charterer) undertakes to provide the other party (the charterer) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and baggage (Article 787 of the Civil Code). This contract is a development of the provisions of the Civil Code on the contract for the carriage of goods (Article 785) and on the contract for the carriage of passengers (Article 786), however, it is an independent contractual structure of transportation due to the signs of "providing all or part of the capacity of one or more vehicles" and "one or more trips". According to paragraph 2 of Art. 115 KTM, a contract for the carriage of goods by sea may be concluded: 1) subject to the provision for the carriage of goods by sea of ​​the entire vessel, part of it or certain ship premises (charter); 2) without such a condition. The first option refers to the charter contract, while the second option refers to all other contracts of carriage by sea. The Air Code singles out the charter contract as a separate norm (Article 104), along with the norm devoted to the contract for the carriage of goods by air as a whole. In accordance with paragraph 3 of Art. 97 KVVT, under a vessel chartering agreement, one party (the charterer) undertakes to provide the other party (the charterer) for a specified fee for the performance of one or more voyages with certain premises of the vessel.

It is easy to see that a charter agreement is similar to a vehicle lease agreement with the provision of management services by the lessor and technical operation provided for in Art. 632 GK. But, as G.F. Shershenevich, "the sender is not granted independent use of the leased things, as is the case with a property lease agreement in its pure form." In addition, the indication in Art. 787 of the Civil Code for the purpose of the contract - the performance of one or more flights. The legislator himself considers these agreements as independent legal structures. An example is the KVVT, in which the charter agreement for a vessel is referred to in Ch. XIII, namely Art. 97, and about the vessel lease agreement - in Art. 60-65 ch. x.

The legal nature of the contract of carriage. Transportation obligations should be distinguished from contractual obligations, storage and commission obligations, as well as from property lease (lease) obligations. In Russian civil law, the transportation contract has been considered for a long time as a kind of work contract. G.F. Shershenevich, giving an assessment of the legal structure of the contract of carriage, noted that "our legislation, without paying special attention to this contract, recognizes it only as a contract."

In pre-revolutionary Russian law, a contract of carriage was compared with a contract of personal employment. The contract of carriage has similarities with the design of the contract of storage (storage of goods), as well as instructions (the carrier acts on behalf and at the expense of the consignor). The similarity of contracts of carriage and lease was mentioned above. The contract of carriage has common features with the contract for the provision of services for compensation (Chapter 39 of the Civil Code).

The contract of carriage, enshrined in Sec. 40 of the Civil Code, is currently considered as an independent contract that does not allow its confusion with other contracts that are similar in legal structure.

Sources of legal regulation. Fundamental provisions about obligations from transportation contain in gl. 40 GK. Only 17 articles are devoted to transportation, and they are mainly focused on transportation by land.

Detailed regulation of transportation by all modes of transport in accordance with Art. 784 of the Civil Code is carried out by transport charters and codes and rules issued in accordance with them. Transport legislation has gone through a rather complicated path of development in recent decades. Many of the accepted last years Acts lasted a short time, not satisfying rapidly changing economic needs. An example is the Transport Charter of the Railways of January 8, 1998, which became invalid as a result of the adoption of the new Charter in 2003.

At present, the system of statutes and codes in the field of the contract of carriage consists of: the Code of Inland Water Transport of the Russian Federation of March 7, 2001 (KVVT); Merchant Shipping Code of the Russian Federation of April 30, 1999 (KTM); Charter of road transport and urban ground electric transport of November 8, 2007 (UAT); Air Code of the Russian Federation of February 19, 1997 (VK); Charter of the railway transport of the Russian Federation of January 10, 2003 (UZhT).

Transportation relations are regulated by a large number of federal laws adopted in recent years. An example is the Federal Law of January 10, 2003 "On Railway Transport of the Russian Federation". Among the novelties of this Law is the refusal to recognize the entire railway transport of Russia as a natural monopoly and more detailed regulation of certain types of railway transportation. The relevant consumer protection legislation applies to the carriage of passengers and baggage. In addition, the scope of forwarding activities is regulated by the Federal Law of June 30, 2003 "On Forwarding Activities". The area of ​​systematic (entrepreneurial) transportation of goods and passengers falls under the regulation of the Federal Law of August 8, 2001 "On Licensing Certain Types of Activities".

Transportation activities are also regulated by a number of international legal acts. Among them, a special place is occupied by the Convention on the Treaty international transportation of May 19, 1956. In addition, the Russian Federation is a party to the Agreement on International Goods Transport by Rail of November 1, 1951. At the international level, there is also the United Nations Convention on the Carriage of Goods by Sea (Hamburg, March 1, 1978), which , however, is not valid for the Russian Federation.

Commitment to carry goods

The concept and features of the contract for the carriage of goods. According to paragraph 1 of Art. 784 of the Civil Code, the carriage of goods, passengers and baggage is carried out on the basis of a contract of carriage. At the same time, the contract for the carriage of goods found its general settlement in Art. 785 of the Civil Code, and the contract for the carriage of passengers - in Art. 786 GK. Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods. In separate transport charters and codes, similar definitions are given for the contract for the carriage of goods and the contract for the carriage of passengers and baggage (see, for example, article 103 of the VC; article 82 of the UZhT, etc.).

The contract for the carriage of goods is bilaterally binding, paid, real. The bilateral-binding nature of the contract implies the presence in the contract of carriage of mutual rights and obligations for all parties to the contract. The sign of compensation follows from the very definition of the contract for the carriage of goods in paragraph 1 of Art. 785 of the Civil Code, which mentions the obligation of the sender to pay the established fee for the carriage of goods.

The sign of reality deserves a somewhat more detailed analysis. The term "entrusted cargo" in the legal definition of the contract of carriage means "previously transferred cargo", which traditionally emphasizes the real sign of the contract for the carriage of goods. Meanwhile, in water and air transport, a contract for the carriage of goods, concluded in the form of a charter (charter), belongs to the category of consensual. In maritime transport, the contract of carriage (charter contract, or charter) is consensual.

The contract for the carriage of goods may be of a public nature (Article 789 of the Civil Code). To do this, the public transport organization, endowed with the function of a public carrier, must act as a carrier. Transportation carried out by a commercial organization is recognized as transportation by public transport if it follows from the law, other legal acts that this organization is obliged to transport goods, passengers and luggage at the request of any citizen or legal entity. Moreover, this organization should be included in a special published list of persons obliged to carry out transportation by public transport.

Elements of a contract for the carriage of goods. The subject of the contract for the carriage of goods is the relationship between the parties (the consignor and / or consignee, on the one hand, and the carrier, on the other) regarding the corresponding movement of goods. At the same time, the appropriate movement of goods implies compliance with regulatory and contractual requirements for the time and quality of delivery of goods, as well as their proper acceptance.

The parties to the contract for the carriage of goods are the consignor and the carrier. The consignor is the person on whose behalf the goods are handed over for transportation. Modern legislation under the consignor understands an individual or legal entity who, under a contract of carriage, acts on his own behalf or on behalf of the owner of the goods and who is indicated in the shipping document (Article 2 UZhT, Art. 2 UAT). It is with the sender that the carrier concludes a contract for the carriage of goods, and between the sender and the carrier a corresponding obligation for carriage arises.

The carrier, as determined by G.F. Shershenevich, is the person who assumes the obligation to deliver with his means of transportation and hand over the cargo entrusted to him. A carrier (railway, shipping company, air transport operator) can only be a commercial organization or an individual entrepreneur entitled to carry out cargo transportation by law or on the basis of a license. At the same time, all transportation, with the exception of automobile transportation, is subject to mandatory licensing (clause 1, article 17 of the Federal Law on Licensing Certain Types of Activities). However, the movement of goods for own needs does not fall under the definition of transportation activities. On all modes of transport, except for railway, private persons can also be carriers.

Due to the specifics of transportation activities, several persons may act on the side of the carrier. This applies to the cases of direct and direct multimodal transport described above.

In addition to the sender and the carrier, concluding between themselves a contract for the carriage of goods, its subjects (but not parties) also include the recipient (consignee). The parties proceed from the consignee's tacit consent to the terms of the contract, which, according to a number of authors, does not correspond to the basic principles of civil law. In Russian legal science, the opinion prevails that the carriage of goods is carried out on the basis of an agreement in favor of a third party, and the recipient of the goods is a third party in such an agreement. At the same time, it should be noted that, in some contradiction to the construction of the contract in favor of a third party, the recipient of the goods also acquires certain obligations to the carrier (Articles 792, 796 of the Civil Code; clause 2 of Article 103 of the VC; Article 111, Articles 72, 73 etc. KVVT, part 2, article 17 UAT, etc.).

In all contractual relationships that are of a continuing nature, such an element as time is of great importance. Therefore, the term is often defined as an essential condition. This is the case, for example, with a work contract, in which the legislator provides for special requirements for determining in the contract the initial and final dates for the performance of work (Article 708 of the Civil Code), recognizing the essential importance of the deadline.

In the definition of the contract for the carriage of goods, there is no indication of the period (Article 785 of the Civil Code). However, Art. 792 of the Civil Code determines the obligation of the carrier to deliver the goods to the destination within the time limits specified in the manner prescribed by the transport charters and codes, and in the absence of such terms, within a reasonable time.

According to Art. 152 of the KTM, dedicated to the procedure for establishing a time limit and determining the route for the carriage of goods, the carrier is obliged to deliver the goods on time and by the route established by agreement of the parties, in the absence of an agreement - within the time that is reasonable to require from a caring carrier, taking into account specific circumstances, and by the usual route.

Article 33 of the UZHT determines that carriers are obliged to deliver goods to their destination and within the prescribed time. At the same time, the law establishes that the terms for the delivery of goods by rail and the rules for calculating such terms are approved by the federal executive body in the field of railway transport in agreement with the federal executive body in the field of economics. Consignors, consignees and carriers may provide in contracts for a different delivery time of goods.

Calculation of the term of delivery of goods starts from 24 hours of the day of receipt of goods for transportation. The date of acceptance of goods for transportation and the estimated date of expiration of the delivery of goods, determined on the basis of the rules for the carriage of goods by rail or on the basis of an agreement between the parties, is indicated by the carrier in the railway bill of lading and receipts issued to shippers on the receipt of goods. Moreover, the goods are considered delivered on time if, before the expiration of the delivery period specified in the railway bill of lading and the receipt of acceptance of goods, the carrier has ensured the unloading of goods at the destination railway station or wagons, containers with goods are submitted for unloading to the consignees or owners of non-public railway tracks for the consignees. Goods are also considered to be delivered on time if they arrive at the destination railway station before the expiration of the delivery time specified in the railway bill of lading and the receipt of acceptance of goods and if the subsequent delay in the supply of wagons, containers with such goods for unloading occurred due to the fact that the unloading front is occupied due to reasons depending on the consignee, the payment for the carriage of goods and other payments due to the carrier have not been paid, or due to other reasons depending on the consignee, about which an act of a general form is drawn up.

The contract of carriage is of a reimbursable nature. The price of the contract of carriage is formed by the freight charge (freight). The amount of the carriage fee is established by agreement of the parties, unless otherwise provided by law or other legal acts (Article 790 of the Civil Code). An exception to this rule applies to transportation by public transport; the fee here is determined on the basis of tariffs (clause 2 of article 790 of the Civil Code).

The Civil Code does not contain special requirements on the form of a contract of carriage, which implies an appeal to the general provisions of the Code on the form of transactions and contracts. However, transport charters and codes establish special requirements for the form of the contract for the relevant carriage of goods. So, paragraph 1 of Art. 117 KTM obliges the parties to the contract for the carriage of goods by sea to draw it up in writing. A contract for the carriage of goods may be concluded on the basis of:

1. applications (orders) for railway, river, road and air transport;
2. agreements on the organization of transportation (annual, navigation, etc.) on any type of transport.

So, according to Art. 11 UZHT for the carriage of goods by rail, the consignor submits to the carrier a duly executed and in the required number of copies of the application for the carriage of goods. Such an application is submitted by the consignor indicating the number of wagons and tons, railway stations of destination and other information provided for by the rules for the carriage of goods by rail. In the application, the consignor must indicate the validity period of the application, but not more than 45 days. In this case, applications are submitted at least 10 days before the start of cargo transportation in direct rail traffic and at least 15 days before the start of cargo transportation in direct international traffic and indirect international traffic and in direct and indirect mixed traffic, and also if the destinations ports are specified.

In road transport, the conclusion of a contract for the carriage of goods is confirmed by the consignment note (part 1 of article 8 of the UAT 2007). At the same time, an agreement for the carriage of goods by road can be concluded by accepting the order for execution by the carrier, and if there is an agreement on the organization of transportation of goods, the application of the consignor (part 5 of article 8 of the UAT).

KVVT clearly indicates the application as the basis for the subsequent conclusion of a contract for the carriage of goods, while not forgetting to emphasize the role of the contract on the organization of transportation. In accordance with par. 1 p. 1 art. 66 KVVT "carriage of goods is carried out on the basis of contracts for the carriage of goods in accordance with the applications of consignors and contracts for the organization of transportation of goods, as well as as they are presented for transportation."

According to paragraph 2 of Art. 785 of the Civil Code, the conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.

In transportation relations, the principle of a single document (or a single document system) is applied, as follows from paragraph 2 of Art. 785. Allocate a system:

1. consignment note applicable to all modes of transport (see article 25 of the UZhT; article 105 of the VC; article 143 of the KTM; article 8 of the UAT; clause 2 of article 67 of the KVVT);
2. bill of lading (Article 142 et seq. KTM) and
3. charter (clause 2, article 117 of the KTM).

The procedure for issuing transport documents is defined in detail in the rules of transportation for the corresponding type of transport, and in rail, air and road transport, a single form of basic transport documents is used for this transport. Shipping companies use their own pro forma bills of lading in water transport. According to Art. 25 UZhT upon presentation of cargo for transportation, the consignor must submit to the carrier for each shipment of cargo a railway waybill drawn up in accordance with the rules for the carriage of goods by rail and other documents provided for by the relevant regulatory legal acts. At the same time, the specified railway waybill and the receipt issued on its basis by the carrier to the consignor confirming the conclusion of the contract for the carriage of goods.

The carrier has the following responsibilities. If the contract of carriage is consensual in nature, the carrier must ensure the timely and proper delivery of the vehicle (Article 791 of the Civil Code; Articles 69, 73 of the KVVT; Articles 124, 128 of the KTM; Article 9 of the UAT). Accordingly, the shipper has the right to require the carrier to fulfill this obligation. So, according to Art. 128 KTM when transporting cargo under a charter, the carrier is obliged to deliver the ship within the time period stipulated by the charter; at the same time, if the ship is not delivered within the stipulated time, the charterer has the right to cancel the contract for the carriage of goods by sea and demand compensation for losses.

In accordance with paragraph 1 of Art. 124 KTM, the carrier is obliged in advance, before the start of the voyage, to bring the vessel into a seaworthy condition: to ensure the technical suitability of the vessel for navigation, properly equip the vessel, equip it with a crew and supply it with everything necessary, as well as bring the holds and other premises of the vessel in which the cargo is transported, in a condition that ensures proper acceptance, transportation and safety of the cargo.

Next, the carrier must deliver the goods to the destination. This duty has several components. First of all, the carrier is obliged to deliver the goods on time. This obligation arises from the urgent nature of the contract of carriage. In most cases, the terms of delivery of goods are determined in a regulatory manner. The terms of delivery of goods are calculated based on the most rational routes, unless otherwise provided by the contract of carriage.

Moreover, the cargo must be delivered safely (Art. 150 KTM; Art. 25 UZHT; Art. 15 UAT). The carrier bears this obligation from the moment the cargo is accepted for transportation until it is delivered to the consignee. In pursuance of this obligation, the carrier is obliged to comply with the conditions and mode of transportation of certain goods (for example, maintain a certain temperature regime in refrigerated cars); apply techniques and methods of driving vehicles that ensure the safety of the transported goods (for example, it is impossible to transport sprayable cargo at high speed on an open rolling stock); carry out special measures to ensure the safety of goods (for example, to protect goods from theft).

Finally, upon the arrival of the cargo at the destination, the carrier must notify the consignee of the fact of the delivery (Art. 79 KVVT; Art. 111 VC) or the delay in delivery (Part 2 of Art. 14 UAT). The fulfillment by the carrier of this obligation predetermines the obligation of the consignee indicated in the transportation documents to dispose of the cargo (accept and export the cargo).

The shipper, in turn, has the following responsibilities. In the consensual contract of carriage, he undertakes to provide the goods for transportation on time, as well as to ensure compliance with the loading deadlines (Article 69 KVVT; Art. 10, 11 UAT; Art. 130 KTM). Further, the shipper is obliged to pay for the carriage of goods (Article 790 of the Civil Code; Article 75 of the KVVT; Article 30 of the UZhT). Payment for transportation is made by the sender, as a rule, before the delivery of the goods for transportation. Final settlements are made between the carrier and the shipper at the destination. According to Art. 163 KTM, all payments due to the carrier are paid by the sender or the charterer; in cases stipulated by an agreement between the sender or the charterer and the carrier, and when data about this is included in the bill of lading, transfer of payments to the recipient is allowed.

The carrier has the right to retain the cargo in case of failure to fulfill the specified obligation to pay for the carriage (Article 359-360 of the Civil Code; Clause 8 of Article 79 of the KVVT; Article 35 of the UZhT; Article 160 of the KTM).

The obligations of the consignee are established by transport charters and codes, but, as noted in the literature, do not follow from Art. 430 and paragraph 3 of Art. 308 of the Civil Code, as well as at one time, did not follow from Art. 167 of the RSFSR Civil Code of 1964. This is a "tribute to many years of practice." At the same time, the main obligations of the consignee are the acceptance of cargo and its removal from the station (port) (Articles 11, 15 of the UAT; Articles 111, 112 of the VC; Articles 160 of the KTM; Articles 67, 79 of the KVVT; Articles 21, 35 of the UZhT) .

Property liability in transportation obligations. Property liability in the obligation to transport goods is based on the general principles of liability, enshrined in Ch. 25 GK. At the same time, it has significant specifics in comparison with liability for violation of other civil law obligations. This specificity is manifested in the conditions, form, volume and procedure for the implementation of liability measures.

First of all, due to the real nature of the contract of carriage, the so-called pre-contractual liability for the obligation of carriage and liability for violation of the actual contract of carriage are distinguished. In the first case, the relevant sanctions are established by law; in the second case, along with the sanctions provided for by law, sanctions imposed by the parties themselves may be applied.

At the same time, Art. 793 of the Civil Code establishes an important rule that agreements between transport organizations and cargo owners cannot limit or eliminate the statutory liability of carriers: such agreements are declared invalid in advance. Exceptions are cases provided for the carriage of goods (but not passengers/luggage) by transport charters and codes. However, the parties have the right to establish in the contract liability for violation of obligations for the carriage of goods, when it is not provided for by law, as well as increase the liability established by law (Article 123 of the VC).

Exclusively by law, liability is established for violation of the obligation to fulfill submitted and satisfied orders (applications) for the carriage of goods (clause 1 of article 794 of the Civil Code). The current transport charters and codes establish the liability of the carrier and consignor for non-delivery and non-use of vehicles in the form of payment of fines and penalties, which are in the nature of an exceptional penalty (Article 100-102 UZHT; Article 115 KVVT).

However, the new UAT provides, along with the payment by the carrier of a penalty in the form of a fine or penalty, also the possibility of recovery by the consignor (charterer) from the carrier (charterer) of the losses caused "in the manner prescribed by the legislation of the Russian Federation" (part 4 of article 34 of the UAT).

For violation of the terms of loading, a fine is provided (Article 43 of the UZhT, Article 35 of the UAT).

In case of delay in the delivery of cargo, the shipper has the right to collect a fine (penalty) from the carrier, the amount of which depends on the duration of the delay and is usually calculated as a percentage of the carriage charge. Collection of a fine (penalty) is possible if the carrier is at fault, but at the same time, his fault in the delay is assumed. The carrier pays a fine in the amount of 10 to 90% of the carriage charge (in air transport - up to 50%), depending on the duration of the delay.

The extent of the carrier's liability for non-safety of cargo is limited by law. Unlike other civil law obligations, the principle of full compensation for harm does not apply here. According to paragraph 2 of Art. 796 of the Civil Code, damage caused during the carriage of goods is compensated by the carrier:

• in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
• in case of damage (spoilage) of the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
• in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

At the same time, the carrier bears responsibility for the non-safety of the cargo only if it is his own fault, although he is an entrepreneur. This circumstance is regulated in detail by the provisions of Art. 119 VK; Art. 161, 162 KTM; Art. 42, 96 UZHT; Art. 34 UAT; Art. 117 KVVT. Paragraph 1 of Art. 796 of the Civil Code does not mention the fault of the carrier as a condition of his liability, however, it is generally recognized that the carrier is not liable in the presence of circumstances that he "could not prevent and the elimination of which did not depend on him."

The transport charters and codes contain a list of circumstances, proving the presence of any of which the carrier is exempted from liability for improper (unsafe) transportation (Article 95 of the UZhT; Article 118 of the KVVT; Clause 5 of Article 34 of the UAT). So, in Art. 118 ITC mentions such circumstances as the presence of restrictions or prohibitions on the movement of ships for the period of such restrictions or prohibitions; saving the life of people or property on the water; the presence of incorrect actions and instructions of the consignor or the sender of the towed object in case of evidence of such actions and instructions; the presence of hidden defects in the container, cargo or its properties; the established difference in the weight of the cargo within the limits of natural loss, decrease in humidity and discrepancy between the norms in the readings of weighing instruments, as well as the difference in the weight of the cargo accepted for transportation based on the weight determined by the consignor without the participation of the carrier; delivery of cargo on a serviceable vessel with serviceable locking and sealing devices or accompanied by a representative of the consignor, consignee without locking and sealing devices, if there is a note about this in the consignment note, etc.

This list is not exhaustive, so the carrier has the right to prove other circumstances that indicate the absence of his fault.

It should be noted that there are no indications in the Civil Code, according to which the transport charters and codes may provide for cases when the proof of the carrier's fault in the unsafety of the cargo is assigned to the cargo owner.

A predetermined distribution of the risk of loss should be distinguished from property liability for violation of the obligation to transport. True, it is currently used only in maritime law, which knows the concept of "accident". The accident can be general and private. In case of general average, losses are inflicted in the interests of all participants in the carriage (Article 284 of the KTM). At the same time, losses must be of an extraordinary nature and be the result of intentional and reasonable actions in order to save the ship, cargo or freight from a common danger for them. They are distributed among the owner of the ship, cargo and freight in proportion to their value.

In the absence of general average conditions, a partial accident occurs. For example, excessive fuel consumption to overcome a headwind would be a private accident, since these expenses are not extraordinary, but are the result of normal maritime hazards. In this case, the losses are attributed to the participant in the carriage who actually incurred them.

Procedural features of imposing responsibility on the parties to the contract for the carriage of goods. The procedural legislation establishes the principle of exclusive jurisdiction in cases involving the carriage of goods: claims against the carrier arising from the contract for the carriage of goods, including if the carrier is one of the defendants, are brought to the appropriate court at the location of the carrier.

In the event of a dispute between the parties to the contract for the carriage of goods, the procedure for filing a claim is required (part 5, article 4 of the APC; part 3, article 30 of the Code of Civil Procedure). This means that before filing a claim against the carrier, it is mandatory to file a claim against him in the manner prescribed by the transport charter or code (Article 797 of the Civil Code; Article 24 of the VC; Article 120 of the UZhT; Part 2 of Article 39 of the UAT; Article 403 of the KTM; article 161 KVVT). An exception to this is the provision of art. 403 KTM, providing that the obligation to make a claim remains in cabotage, i.e. during sea transportation between the ports of the Russian Federation).

A claim should be understood as a written demand addressed to the carrier for the payment of a fine or compensation for losses in connection with the improper performance of the carriage obligation. The claim from the contract for the carriage of goods is presented to the management of the destination station.

When filing a claim, it is necessary to submit a commercial act, which is a document certifying damage to the cargo, its shortage, individual violations of the contract that arose in the process of its execution.

The term for filing a claim is, as a rule, 6 months, for fines - 45 days (Art. 123 UZhT; Art. 126 VC).

The legislator obliges the carrier to respond to the claim of the consignor or consignee within 30 days (paragraph 2 of article 797 of the Civil Code). In transport charters and codes, the specified period is specified. So, according to par. 1 st. 124 UZHT, the carrier is obliged to consider the received claim and notify the applicant in writing of the results of its consideration within 30 days from the date of receipt of the claim. In accordance with paragraph 1 of Art. 128 BK, the carrier is obliged within 30 days from the date of receipt of the claim to consider it and notify the consignor or consignee in writing of the satisfaction or rejection of the claim.

In case of partial or complete rejection of the claim or in case of non-receipt of a response to the claim within the appropriate period, the person who filed the claim has the right to file a claim.

The limitation period for claims from a contract for the carriage of goods is one year (clause 3, article 797 of the Civil Code; article 408 of the KTM; clause 3 of article 164 of the KVVT; article 42 of the UAT). At the same time, the limitation period begins to expire from the moment determined in transport charters and codes.

Obligation to carry passengers and baggage

The concept of a contract for passenger transportation. General definition passenger transportation agreement (passenger transportation agreement) is contained in paragraph 1 of Art. 786 GK. Under this agreement, the carrier undertakes to transport the passenger to the destination point, and in the event of the passenger checking in the luggage, also deliver the luggage to the destination point and issue it to the person authorized to receive the luggage, in turn, the passenger undertakes to pay the established fare, and when checking in the luggage and for the carriage baggage.

According to the way the designated contract is characterized in the Civil Code, as well as in transport charters and codes, it must be considered that the obligations for the carriage of a passenger and the obligations for the carriage of baggage arise from one contract. However, in jurisprudence, this is a controversial issue. On the one hand, it is believed that the provision of services for the delivery of baggage and its issuance takes place as part of the fulfillment of an optional obligation arising from a single contract for the carriage of a passenger. On the other hand, the contract for the carriage of luggage is delimited from the contract for the carriage of a passenger.

In the legal literature, this agreement is considered an accession agreement (Article 428 of the Civil Code), and is also referred to as a mutual, reimbursable, consensual agreement. However, in cases where the contract for the carriage of a passenger is delimited from the contract for the carriage of baggage, the latter is recognized as real.

Contractual relations for passenger transportation are regulated by international regulatory legal acts with the participation of the Russian Federation, Civil Code, transport charters and codes, other acts of transport legislation, consumer protection legislation. The possibility of applying to these relations the Law of the Russian Federation of February 7, 1992 "On the Protection of Consumer Rights" (as amended and supplemented) (hereinafter referred to as the Law on the Protection of Consumer Rights) and other acts of legislation on the protection of consumer rights is confirmed:
firstly, the content of the preamble of the Consumer Rights Protection Law, from which it follows that consumer protection legislation applies to legal relations with a special subject composition. Legal relations for passenger transportation have the necessary subject composition. On the one hand, they involve a citizen passenger who intends to order or purchase or order, purchase or use goods (works, services) solely for personal, family, household and other needs not related to the implementation. On the other hand, such legal relations are entered into by a carrier - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur providing services to consumers under a reimbursable contract;
secondly, the content of the resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 N 7 "On the practice of considering cases on consumer protection by courts." In accordance with paragraph 1 of the said resolution, relations regulated by consumer protection legislation may arise, in particular, from contracts for the carriage of citizens, their luggage and cargo. According to paragraph 2 of the said resolution, in cases where certain types of civil law relations with the participation of consumers, in addition to the norms of the Civil Code, are also regulated by special laws of the Russian Federation (transportation, etc.), then the relations arising from such contracts, the Law on Protection consumer rights may be applied to the extent that it does not contradict the Civil Code and a special law.

Types of contract for passenger transportation. This contract is classified into separate types for various reasons. First of all, the classification is carried out by means of transport. Accordingly, a contract for passenger transportation by road, air, inland waterway, sea and rail transport is allocated. This division of contracts is due to the fact that for passenger transportation contracts for various types transport legislation establishes to a certain extent differentiated norms. Consequently, the legal significance of this classification is expressed in the fact that, depending on the type of contract for passenger transportation, the rules applicable to them are determined.

These contracts for passenger transportation by various modes of transport in accordance with applicable law can also be divided into some varieties. For example, a contract for the carriage of passengers by rail is divided by a contract for the carriage of passengers by train long distance and a contract for passenger transportation by commuter train. Moreover, the content of these agreements to a certain extent differs. In particular, when traveling on a long-distance train, a passenger has the right to make a stop along the way with an extension of the validity of the travel document (ticket) for no more than 10 days, and when traveling on a suburban train, the passenger does not have such a right.

It is necessary to distinguish from the actual contract of passenger transportation a charter contract for consumer purposes, concluded in accordance with the Civil Code and acts of transport legislation. So, in road transport, there are three types of transportation of passengers and luggage (Article 5 of the UAT): regular transportation; transportation on orders; transportation by passenger taxis. If the first carriage is under public contract transportation of a passenger along the route of regular transportation (Article 19 of the UAT), then the last two types of transportation are formalized by charter agreements (Articles 27, 31 of the UAT). On inland water transport, transportation of passengers and their luggage can be carried out under a vessel charter agreement (clause 6, article 95 of the KVVT).

One of the types of contract for passenger transportation is the contract for the carriage of passengers and baggage by public transport (Article 789 of the Civil Code). This agreement has the following main features:

• special subject composition: the carrier is a commercial organization or an individual entrepreneur (the latter may be a party to this agreement by virtue of clause 3 of article 23 of the Civil Code);
• special content due to the fact that the contract is recognized as public (clause 2 of article 789 of the Civil Code): a) the carrier is obliged to transport goods, passengers and baggage at the request of any citizen or legal entity; b) all the terms of this agreement, including the price (the amount of the freight charge), for all consumers according to general rule are the same (clause 2, article 426 of the Civil Code). However, the law and other legal acts allow the provision of benefits for certain categories consumers. These benefits, apparently, are not individual in nature, they can be provided only to groups (categories) of consumers;
• special procedure for concluding: the carrier is not entitled to give preference to one passenger over another in relation to the conclusion of this contract, except as provided by law and other legal acts. It is also not allowed for the carrier to refuse to conclude an agreement for the carriage of passengers and baggage by public transport if it is possible to provide the consumer with transportation services (clauses 1 and 3 of article 426 of the Civil Code).

The contract for the carriage of passengers and baggage by public transport has its own varieties, distinguished depending on the types of transport and the conditions of carriage. So, in road transport, regular transportation of passengers and luggage is carried out on the basis of a public contract for the carriage of a passenger along the route of regular transportation, which relate to transportation by public transport (Article 19 of the UAT). In turn, such transportation on this transport is divided into transportation with boarding and disembarking passengers only at established stopping points along the route of regular transportation and transportation with boarding and disembarking passengers in any place not prohibited by the rules. traffic place along the route of regular transportation.

Elements of a contract for passenger carriage. The parties to this agreement are the passenger and the carrier. A passenger is a natural person who, by concluding a passenger transportation agreement, orders a transport service (activities for the movement of this individual and his luggage), or a person in whose favor this agreement is concluded, i.e. a person who does not order, but only uses the specified service. specificity legal status passenger is that he has the rights and obligations both as a passenger and as a consumer in accordance with consumer protection legislation. In addition to the passenger himself, other persons authorized to receive baggage may enter into legal relations for passenger transportation.

A carrier is a legal entity or an individual entrepreneur who provides transportation services to a passenger for a fee. As in the case of a passenger, the carrier has two groups of rights and obligations - provided for in transport legislation and in consumer protection legislation.

In cases provided by law, the carrier must have an appropriate license. According to paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 "On Licensing Certain Types of Activities" (as amended and supplemented), the transportation of passengers by sea, inland waterway, air, rail transport, as well as the transportation of passengers by road, equipped for transportation of more than eight person (except for the case when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur).

From carriers, including for the purpose of ensuring the rights of their counterparties, primarily passengers, the legislation may require compliance with other formalities indicating the specifics of the legal status of carriers. According to paragraph 2 of Art. 2 of the Federal Law of July 24, 1998 "On state control over the implementation of international road transport and on liability for violation of the procedure for their implementation" (as amended and supplemented), Russian carriers are allowed to carry out international road transport of goods and passengers if they have a document certifying the admission of a Russian carrier to international road transport (certificate of admission of a Russian carrier). In accordance with the Regulations on the admission of Russian carriers to international road transport, approved by Decree of the Government of the Russian Federation of October 16, 2001 N 730 (as amended and supplemented), a number of conditions must be met in order to obtain this admission, in particular, the Russian carrier must have a stable financial position(ownership of property worth at least 300 thousand rubles when using only one vehicle engaged in international road transport, and at least 170 thousand rubles per each additional vehicle).

Insurers may also enter into legal relations related to violations of the conditions of passenger transportation. For example, according to paragraph 3 of Art. 39 UAT the right to present pre-trial claims against carriers are, in particular, insurers that have paid insurance compensation in connection with the improper fulfillment by carriers of their obligations for the carriage of passengers and baggage.

The specificity of the form of the contract for passenger transportation lies in the fact that usually this contract is not drawn up in the form of a single document signed by the parties, but is made orally. Moreover, his conclusion in accordance with paragraph 2 of Art. 786 of the Civil Code is certified by a ticket, and the delivery of baggage by a passenger - by a baggage receipt. Forms of the ticket and baggage receipt are established in the manner prescribed by transport charters and codes. The indicated general rule of the Civil Code is detailed and supplemented in transport charters and codes. In particular, in road transport, when concluding a contract for the carriage of a passenger for regular transportation of passengers and luggage, the carriage of hand luggage by a passenger for a fee is certified by a receipt for the carriage of hand luggage, and a cash receipt with the details of the ticket, baggage receipt, receipt for the carriage of hand luggage indicated on it is equated accordingly to the ticket, baggage receipt, receipt for the carriage of hand luggage (Art. 20 UAT). The oral form of the contract for passenger transportation can be expressed in the commission individual concluding this agreement, certain implicit actions (boarding a vehicle, etc.).

Charter agreements concluded on road transport for the carriage of passengers and luggage on orders, as well as the carriage of passengers and luggage by passenger taxis, are concluded in written and oral forms, respectively (Articles 27, 31 of the UAT).

The subject of a passenger carriage contract is the services provided by the carrier for the movement of a passenger, and in the case of baggage check-in, also for baggage. Similar services can be provided under charter agreements. For example, according to Art. 31 UAT transportation of passengers and luggage by passenger taxi is carried out on the basis of a public charter agreement. The proximity of the subjects of transportation and chartering agreements allows the legislator to ensure the necessary unity of legal regulation of relations for the transportation of passengers and baggage on the basis of the actual passenger transportation contracts and chartering contracts. In particular, this unity is expressed in the rules on the liability of the carrier and the charterer (in road transport, in accordance with Article 42 of the UAT, there is a single reduced limitation period for claims from transportation contracts, and for claims from charter contracts, etc.).

Contents of the contract for passenger transportation. The rights and obligations of passengers and carriers are determined by the Civil Code, transport legislation and consumer protection legislation. Along with the fundamental right - the right to travel and carry luggage - in accordance with paragraph 3 of Art. 786 of the Civil Code, the passenger also has the right to carry children with him free of charge or on other preferential terms; carry hand luggage with you free of charge within the established norms; check in baggage for transportation for a fee at the rate. The content of these terms "baggage" and "hand luggage" is disclosed in transport charters and codes. In accordance with Art. 2 UAT luggage - these are the things of a passenger accepted for transportation in in due course, and hand luggage - also things of the passenger that are carried by the passenger with him in the vehicle and the safety of which during transportation is ensured by the passenger.

The main obligation of the passenger is to pay the carriage charge (carriage charge). For the carriage of passengers and baggage, a carriage fee is charged, established as a general rule by agreement of the parties, unless otherwise provided by law or other legal acts (Article 790 of the Civil Code). However, the payment for the transportation of passengers and luggage by public transport is determined on the basis of tariffs approved in the manner prescribed by transport charters and codes.

The carrier can receive payment for transportation in full or in part, not only directly from counterparties under the contract, but also from the relevant budget (clause 5 of article 790 of the Civil Code). Such receipt of budgetary funds occurs in cases where, in accordance with the law or other legal acts, privileges or advantages are established for the carriage charge for the carriage of passengers and baggage.

Reimbursement of these funds to the carrier is made from the budget of that public legal entity, the act of which establishes the indicated benefits or benefits. The procedure for reimbursement is determined by budget legislation, which indicates the intersectoral nature of the regulation of relations on receipt in this case by the carrier of payment for transportation.

The passenger also bears other obligations in accordance with the transport legislation and the contract of carriage. Thus, the passenger is obliged to keep the ticket, the baggage receipt, the receipt for the carriage of hand luggage throughout the trip and present them at the first request of the persons exercising control (Article 20 of the UAT). On inland water transport, paragraph 2 of Art. 100 KVVT provides for the general obligation of the passenger to comply with the rules approved by the federal executive authority in the field of transport for the use of ships and facilities located on the shore and intended for servicing passenger transportation.

The main obligation of the carrier is the delivery of the passenger and baggage to the destination within the time limits specified in the manner prescribed by the transport charters and codes, and in the absence of such terms - within a reasonable time (Article 792 of the Civil Code). As part of the performance of this obligation, the passenger and luggage must be delivered to their destination under the conditions provided for in the transport legislation. Such conditions find their expression in other obligations of the carrier (and the rights of the passenger corresponding to them), which are established in the transport legislation.

So, the carrier on inland water transport is obliged to provide the passenger with the place indicated on the ticket or voucher on the ship (clause 1, article 99 of the KVVT). A similar obligation of the carrier exists for other modes of transport. In particular, in railway transport, the carrier is obliged to provide the passenger with a seat in the train (Article 82 of the UZHT), and if it is impossible to provide the passenger with a seat in the carriage according to the travel document (ticket), the carrier is obliged to provide such a passenger, with his consent, with a seat in another carriage, including in the car more high category, at no extra charge. If the passenger is provided with his consent a seat, the cost of which is lower than the cost of the travel document (ticket) purchased by him, the difference in the fare is returned to the passenger (Article 84 of the UZhT).

For the purpose of ensuring the rights of passengers and the proper performance of the above basic obligation of the carrier transport legislation establishes a special obligation to inform passengers. For example, in accordance with Art. 85 UZHT, the carrier provides the user with railway transport services free of charge with timely and reliable information about the time of departure and arrival of trains, the cost of passenger travel and transportation of luggage, cargo luggage, the opening hours of railway ticket offices, luggage storage, the location of station premises, about the services provided to him, about those provided to citizens certain categories of benefits. However, for the issuance of certificates in writing, as well as certificates not related to the provision of railway transport services, a fee is charged in the manner determined by the rules for the carriage of passengers, baggage, cargo luggage by rail. The designated information obligation of the carrier corresponds to the right of the passenger (consumer) to receive proper consumer information about transportation services and other related services, which, in general view enshrined in Art. 8-12 of the Consumer Protection Act.

Transport legislation provides for the possibility of implementing special legal procedures for changing and terminating passenger transportation contracts. For example, in inland water transport it is possible (Art. 101 KVVT):
unilateral termination of the contract for the carriage of a passenger, in particular, in cases of impossibility of transporting a passenger to the port of destination due to force majeure, hostilities, prohibition of the authorities or other reasons beyond the control of the carrier, detention of the vessel on the basis of a decision of the relevant executive authorities or involvement of the vessel for state needs and in some other situations;
change in the same cases of the contract for the carriage of a passenger at the initiative of the carrier in the form of a delay in the departure of the ship, a change in the route of transportation or the place of disembarkation of the passenger.

Liability for violation of the contract of passenger transportation. The civil liability of the parties for violation of transportation obligations is determined by the Civil Code, transport charters and codes, as well as by agreement of the parties (Article 793 of the Civil Code). At the same time, the carrier's agreements with other participants in transport obligations, including passengers, are not always recognized by law. Such agreements are void if their subject matter is the limitation or elimination of the carrier's statutory liability. At the same time, if in relation to the carriage of goods, an exception to the above rule on the invalidity of such agreements are cases where the possibility of such agreements is provided for by transport charters and codes (clause 2 of article 793 of the Civil Code), then such exemptions have not been established for the carriage of passengers and baggage. Therefore, agreements to limit or eliminate the carrier's statutory liability in obligations from a passenger transportation contract are unacceptable. On the other hand, in a situation where the carrier and the passenger make other agreements on liability (with a different content), for example, on increasing the amount of the carrier's liability, they should be considered valid. This conclusion is confirmed, for example, by the content of Art. 123 VK, according to which the carrier has the right to conclude agreements with participants in legal relations for air transportation, including passengers, to increase the limits of its liability in comparison with the limits established by the Air Code or international treaties of the Russian Federation.

The main forms of responsibility of the parties in case of violation of the contract of passenger transportation are the recovery of a penalty (fine, penalty), partial or full compensation for damages to the injured party, and some others. A feature is the possibility of applying such a measure of responsibility as compensation for non-pecuniary damage. This liability applies in case of causing moral damage to the passenger by violation of his rights on the basis of Art. 15 of the Consumer Protection Act. At the same time, the legislation does not exclude, and practice allows for the filing of claims only for compensation to passengers for moral damage caused.

Firstly, the carrier is responsible for causing harm to the life or health of a passenger (Article 800 of the Civil Code). In this case, the carrier's liability for harm caused to the life or health of a passenger occurs in accordance with the rules of Ch. 59 of the Civil Code on obligations due to infliction of harm, unless the law or the contract of carriage provides for increased liability of the carrier. In this case, liability, as a rule, comes under the provisions of Art. 1079 of the Civil Code on liability for harm caused by activities that create an increased danger to others, in particular, the carrier is liable regardless of fault. The determination of the amount of damage subject to compensation, as well as of persons entitled to receive compensation, is carried out according to the rules of § 2 Ch. 59 of the Civil Code (compensation for harm caused to the life and health of a citizen).

The legal literature does not exclude the possibility of the carrier's liability for causing harm to the life and health of a passenger according to the general rules of tort liability, i.e. under Art. 1064 of the Civil Code if the carrier is at fault. This approach seems justified, in particular for the air transportation of a passenger, which, according to Art. 117 VC includes the period from the moment the passenger of the aircraft passes the pre-flight inspection for boarding the aircraft and until the moment when the passenger of the aircraft leaves the airfield under the supervision of authorized persons of the carrier. As can be seen, during the period legally considered air transportation, harm to the life and health of a passenger while on the ground can also be caused by such circumstances that may not be associated with sources of increased danger.

In order to protect the rights of passengers and other persons who are in certain family-legal relations with passengers (parents, children, etc.), transport legislation may establish the amount of compensation in fixed amounts. For example, according to paragraph 1.1 of Art. 117 of the VC, the carrier is obliged to ensure the payment of compensation on account of compensation for harm caused during air transportation to the life of an aircraft passenger, to citizens entitled to compensation in the event of the death of the breadwinner in accordance with civil law, in the absence of such citizens - parents, spouse, children of the deceased passenger aircraft, and in the event of the death of an aircraft passenger who did not have independent income, - to the citizens who he was dependent on, in the amount of 2 million rubles. The specified compensation is distributed among the citizens who have the right to receive it, in proportion to the number of such citizens.

In order to implement the obligation of carriers to compensate for harm caused to the life and health of passengers, including to pay such compensation, to compensate for other harm, the legislation usually provides for the use of such a tool as compulsory civil liability insurance of the carrier. In particular, art. 133 VC provides basic rules compulsory insurance civil liability of the carrier to the passenger of the aircraft. So, in case of harm to life, if the compulsory insurance contract does not provide for a higher amount of compensation for harm, the amount of insurance payment under the compulsory insurance contract for domestic air transportation in respect of one passenger of the aircraft is 2 million rubles. plus the necessary expenses for burial, amounting to no more than 25 thousand rubles.

Secondly, the carrier is responsible for the delay in the departure of the passenger (Article 795 of the Civil Code). For a delay in the departure of a vehicle carrying a passenger, or a delay in the arrival of such a vehicle at the destination, the carrier shall pay the passenger a fine in the amount established by the relevant transport charter or code. For example, according to Art. 120 VK for delay in the delivery of a passenger, baggage or cargo to the destination, the carrier pays a fine in the amount of 25% of the amount established by federal law minimum size wages for each hour of delay, but not more than 50% of the carriage charge. In accordance with Art. 110 UZhT for the delay in the departure of the train or for the delay of the train to the railway station of destination, the carrier pays the passenger a fine in the amount of 3% of the fare for each hour of delay, but not more than in the amount of the fare.

For such violations (delay or delay of the vehicle), the carrier is not liable (is released from liability):

• when transporting in urban and suburban communications;
• if he proves that the delay or delay occurred due to force majeure, elimination of a malfunction of vehicles that threatens the life and health of passengers, or other circumstances beyond the control of the carrier.

In addition to paying a fine in case of refusal of a passenger from transportation due to a delay in the departure of the vehicle, the carrier is also obliged to return the carriage fee to the passenger in full.

Thirdly, the carrier is responsible for the failure of baggage (Article 796 of the Civil Code). In this case, the carrier is responsible for the period from the moment of acceptance of the baggage for transportation and until its release to the person authorized to receive the baggage. The liability of the carrier in this case is:
a) in the form of compensation for the harm caused, which is limited by the amount of damages to be compensated established by law. In particular, according to paragraph 2 of Art. 796 of the Civil Code, the damage caused by the loss of baggage during transportation shall be reimbursed by the carrier in the case of the declaration of the value of the baggage in the amount of the declared value of the baggage;
b) in the form of a refund of the carriage charge for the carriage of baggage, which occurs along with the first form of liability.

To release the carrier from liability for the failure of the baggage, he must prove that the loss, shortage or damage (spoilage) of the baggage occurred as a result of circumstances that the carrier could not prevent and the elimination of which did not depend on him (paragraph 1 of article 796 of the Civil Code). The rules of the Civil Code on the grounds for exemption from liability are developed and specified in acts of transport legislation (Article 118 of the KVVT, etc.).

The passenger may also be held liable for violation of the contract of passenger transportation. For example, according to paragraph 9 of Art. 35 UAT for sending, as part of baggage, handed over for transportation, items, the carriage of which as part of baggage is prohibited, the passenger pays the carrier a fine in the amount of ten times the carriage charge for the carriage of baggage.

As in the case of liability arising from a contract for the carriage of goods, the procedure for applying liability in connection with a violation of the conditions for the carriage of passengers and baggage usually consists of three stages:

• documentary fixation of the grounds for liability (in cases provided for by law);
• compliance with the claims procedure for settling disputes;
• filing a claim with the appropriate court.

As part of the first stage, transport legislation in a number of cases provides for the need for special documentary confirmation of those circumstances that are the basis for the liability of participants in passenger transportation obligations. So, in Art. 119 UZhT established that such circumstances are certified by commercial acts, general form acts and other acts. In particular, a commercial act is drawn up to certify damage (damage) to baggage possible causes such damage; detection of baggage without shipping documents. In their meaning, these documents are evidence. However, in accordance with paragraph 4 of Art. 796 of the Civil Code, documents on the reasons for the failure of baggage (a commercial act, an act of a general form, etc.), drawn up by the carrier unilaterally, are subject to evaluation by the court in case of a dispute, along with other documents certifying the circumstances that may serve as the basis for the liability of the carrier, sender or the recipient of the cargo or baggage. Thus, the carrier's documents certifying the grounds for liability, the need for which is provided for in the transport legislation, do not have priority over other evidence in a court case.

However, not all the circumstances that are the grounds for the liability of the participants in the obligations for passenger transportation require special documentation. In particular, according to Art. 121 of the UZHT and clause 71 of the above Rules for the provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to the implementation entrepreneurial activity, in case of delay in departure or delay of the train, only travel documents (tickets) are attached to the claim, which confirm the content of the claim.

The essence of the second stage is to comply with the rule on a mandatory or voluntary claim procedure for settling disputes in respect of passenger transportation. With regard to the claims procedure for resolving disputes in relations with passenger transportation, the legislator generally proceeds from two different approaches:

• firstly, a mandatory claim settlement procedure is established for a number of disputes, i.e. for their particular part. For example, such a procedure is established in Art. 161 KVVT regarding the presentation of claims against the carrier. In addition, according to Art. 194 KTM, the passenger is obliged to send a written statement to the carrier about the loss or damage to baggage only in the cases specified here, and in other situations, the claim procedure for the carriage of passengers and baggage by sea does not apply. Usually, for the claims of the carrier itself to the passenger, as well as for claims for compensation for harm to the life and health of the passenger, the claim procedure under consideration is not established;
• secondly, for certain situations, only the right to file a claim, but not the obligation, is legally formalized, which, in fact, is equivalent to a voluntary claim procedure. According to Art. 121 UZhT before a claim is brought against the carrier that arose in connection with the carriage of passengers and baggage, a claim may be filed against the carrier. However, the legislator does not always consistently maintain this approach in the UZHT: in Art. 125 UZhT the right to bring claims against baggage carriers arising in connection with the carriage, in particular, in any case, is associated with compliance with the claim procedure. The right to file a claim is established for contracts for the carriage of passengers by road in accordance with paragraph 1 of Art. 39 UAT.

The claim procedure of a mandatory or voluntary claim procedure for the settlement of disputes usually consists of two stages: filing and filing a claim, its consideration within the time limits established in the transport legislation and sending a response to the applicant.

For the first stage, the transport legislation determines who and within what period can make a claim, how it is drawn up. In particular, for passenger transportation by road transport, the right to bring pre-trial claims against carriers is for persons who have entered into transportation contracts and insurers who have paid insurance compensation in connection with a violation by carriers of their obligations for the carriage of passengers and baggage, and claims can be filed within limitation period (art. 39 UAT). With regard to the specified period for filing claims in relation to passenger transportation, one must take into account the prescription given in clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 N 7 "On the practice of considering court cases on the protection of consumer rights", in accordance with which the expiration of the pre-emptive period established by law for the presentation of a claim by a citizen is not a basis for refusing judicial protection, since this is contrary to Art. 46 of the Constitution of the Russian Federation and the Law on the Protection of Consumer Rights.

At the second stage, the carrier considers the claim within the period specified by the transport legislation and sends an appropriate response to the applicant. For example, according to Art. 40 UAT, the carrier is obliged to consider the claims presented to him and notify the applicant in writing of the results of their consideration within 30 days from the date of receipt of the claim. In case of partial satisfaction or rejection by the carrier of the applicant's claim, the notice must indicate the basis for making such a decision in accordance with the AAT. In this case, the documents submitted together with the claim shall be returned to the applicant.

At the third stage of the procedure for applying liability in connection with a violation of the conditions for the carriage of passengers and baggage, a claim is filed with the appropriate court. With regard to this stage, transport legislation usually answers two questions - who and in what case can bring a claim, what is the limitation period. Thus, for the carriage of passengers and baggage by road, it has been established that when claims are made in the manner established by the UAT 2007, claims against carriers arising in connection with the carriage of passengers and baggage can be brought in cases of full or partial refusal of carriers to satisfy claims or in cases of non-receipt of responses to claims from carriers within 30 days from the date of receipt by them of the relevant claims (Article 41 of the UAT).

The statute of limitations in legal relations for passenger transportation is usually reduced. For example, for the transportation of passengers and luggage by road, the period is one year (Art. 42 UAT).

In addition to the application of measures of civil liability in legal relations related to passenger transportation, the parties may apply other ways to protect civil rights. For example, if the carrier unreasonably evades concluding an agreement for the carriage of passengers and baggage by public transport, the passenger has the right to apply to the court with a demand to compel the conclusion of an agreement (clause 3 of article 426, clause 4 of article 445 of the Civil Code). The passenger can also declare here a claim for damages (paragraph 4 of article 445 of the Civil Code).

Along with this, the fulfillment of the passenger's obligation to pay for baggage and other payments for transportation is ensured by the retention by the carrier of the baggage transferred to him for transportation to secure the carriage charge and other payments due to him for transportation (paragraph 4 of article 790 of the Civil Code). The specified right of the carrier, subject to the rules of art. 359, 360 of the Civil Code on retention exists, unless otherwise provided by law, other legal acts, the contract of carriage, or follows from the nature of the obligation.

Obligation to tow

Concept of towing and towing contract. For the purpose of defining a towing contract, the content of the term "towing" used in the current legislation should be established.

Firstly, the term "towing" indicates the corresponding technical activity, a special procedure, the content of which is the movement of a towed object by a towing vehicle.

In the specified value, towing is one of the elements of the transport process. This conclusion is confirmed by the content of transport legislation, in particular Art. 3 KVVT, according to which activities related to the use of ships on inland waterways for towing ships and other floating objects are classified as "navigation" (transport process in inland water transport). In this understanding (as an element of the transport process), towing can be carried out both in unviolated legal relations (towing rafts, etc.), and as a result of an offense in transport as a kind of one of the recovery consequences (towing a damaged vehicle).

Towing is a relatively independent element of the transport process along with the transportation of goods, passengers and luggage. The ratio of towing and transportation, which is important for understanding the essence of the towing contract, is due, on the one hand, to the fact that these are elements of the transport process, vehicles are involved here, these are certain procedures. On the other hand, transportation and towing differ depending on the object. If the object of the transportation process is cargo, passenger and baggage, then the towed object is an object of the material world (vehicle, raft, etc.) capable of moving under the influence of the towing vehicle.

Secondly, the term "towing" is used by the legislator in relation to the towing agreement, to refer to its essence, i.e. to characterize the contractual relationship within the relevant part of the transport process. This expresses the generality of the indicated meanings of the term "towing". Thus, it turns out that towing is usually a part of the transport process for the movement of one vehicle of another vehicle or other towed object, which is drawn up in a towing agreement.

The definition of this agreement is contained in some of the current acts of transport legislation. So, according to Art. 88 KVVT, in accordance with the towing agreement, one party (tug) undertakes to tow the ship, raft or other floating object (towed object) to the port of destination in a timely and safe manner in compliance with the towing conditions and hand it over to the recipient specified in the consignment note, and the other party ( the sender) undertakes to present the towed object for towing and pay for it. A similar definition of the towing agreement is given in Art. 225 KTM: under a towing agreement, the owner of one ship undertakes to tow another ship or other floating object for a certain distance (sea towing) or to perform maneuvers in the port water area, including for bringing a ship or other floating object into the port or taking them out of the port. port (port towing).

An analysis of these definitions of a towing contract allows us to conclude that it: refers to the types of contracts under which paid services are provided, which in this case are part of the transport process; is a paid contract: under this contract, towing is carried out for a fee; is in the nature of a mutual agreement; at the time of conclusion is a consensual contract.

The towing contract can be divided into types on at least two grounds - according to the type of transport on which towing is used, and also depending on the nature of the towing process. On the first basis, the types of towing defined in transport legislation usually include river towing (regulated by the KVVT) and sea towing (regulated by the KTM). Hence, according to the current legislation, two types of towing agreement are distinguished - a river towing agreement and a sea towing agreement. On the second basis on the basis of the above-mentioned Art. 88 KVVT and Art. 225 KTM in the legal literature on transport law rightly indicates two types of towing - this is towing a towed (floating) object for a certain distance and towing to perform a maneuver. Accordingly, there are two types of towing agreement.

The towing agreement is an independent agreement that provides an independent section of the transport process. According to the features of the subject - towing services - this contract is usually distinguished from related contracts of transportation, vehicle rental contracts, as well as from contracts of a contract type.

Along with the towing agreement, the legislation also allows the conclusion of an organizational agreement related to towing processes. Such an agreement is made in accordance with paragraph 5 of Art. 88 KVVT if it is necessary to carry out systematic towing and is called an agreement on the organization of towing. This agreement defines the conditions for organizing towing, which are listed in clause 5 of Art. 88 KVVT. At the same time, the conditions for organizing towing arrangements directly indicated in this norm - the responsibility of the parties, the volume and terms of towing, the conditions for presenting towed objects for towing, carrying out towing, paying for towing and settlements for them - should be considered essential terms of the agreement on organizing towing. This conclusion follows from the content of paragraph 1 of Art. 432 of the Civil Code - these conditions are named in the law as conditions necessary for agreements on the organization of towing.

The emergence of an obligation to tow under the contractual scheme "any previous contract - towing contract" may be associated with the execution of not only the contract on the organization of towing, but also other contracts, in particular the contract of maritime mediation, under which the intermediary (marine broker) undertakes on behalf of and at the expense of the principal, provide intermediary services in concluding contracts for the sale and purchase of ships, charter contracts and contracts for towing ships, as well as marine insurance contracts (Article 240 of the CTM).

In addition, within the framework of the indicated scheme, the emergence of towing obligations may also be due to the execution of mixed contracts. Thus, the emergence of obligations for towing may take place within the framework of the execution of a concession agreement in relation to sea and river vessels, ships of mixed (river-sea) navigation, ships engaged in icebreaking assistance, hydrographic, research activities, ferry crossings, floating and dry docks . As follows from paragraph 1 of the Model Concession Agreement, approved. Decree of the Government of the Russian Federation of December 5, 2006 N 746 "On approval of a standard concession agreement for sea and river vessels, ships of mixed (river-sea) navigation, vessels engaged in icebreaking assistance, hydrographic, research activities, ferry crossings, floating and dry docks", this agreement by its nature is of a mixed nature (Article 421 of the Civil Code), combining elements of contracts for the creation and (or) reconstruction of ships and other floating objects, contracts for transportation, towing and others.

Legal regulation of contractual relations on towing. Within the limits of the specified regulation it is possible to allocate:

• normative legal regulation of these relations;
• legal regulation of contractual relations for towing with the help of customary norms, which is more typical for towing at sea.

The first type of regulation is carried out, firstly, by separate norms of international law. The relations connected with towing are regulated in some international legal acts. Yes, the convention international rules Prevention of Collisions at Sea (London, 20 October 1972) contains provisions on vessels engaged in towing and pushing (Regulation 24), which are rules on the actions to be taken by the vessel being towed and the object being towed.

Secondly, special regulation of contractual relations on towing is contained in the transport legislation of the Russian Federation. In addition to the actual transport legislation, contractual relations for towing are applied, in the absence of special provisions, and the general norms of the Civil Code on transactions, obligations, etc. This conclusion is also confirmed by the content of the current legislation. This is indicated, in particular, by paragraph 2 of Art. 1 KTM, paragraph 9 of Art. 17 of the Federal Law of November 8, 2007 "On seaports in the Russian Federation and on amendments to certain legislative acts of the Russian Federation". In accordance with the said Federal Law, the rules established by the Civil Code and the Customs Committee of the Russian Federation apply to towing services.

Normative regulation of the towing agreement is presented only in those transport charters and codes that formally recognize towing as one of the main parts of the transport process. Therefore, the towing agreement is regulated by KTM and KVVT, but there are no rules about it in UZhT, VK and UAT. At the same time, towing can be regulated not as part of the transport process itself, but as an activity that ensures the transport process. Thus, in air transport, towing aircraft is used as part of the movement process at aerodromes. The current legislation does not exclude the towing of another aircraft or any cargo by an aircraft (towing flights).

Despite the absence of norms on towing in the UAT, towing relations are also found in road transport, as evidenced by the Rules of the Russian Federation and the Code of Administrative Offenses. However, towing in road transport is usually not of an organized (mass) nature, but is used only on a one-time basis (as part of the procedures for eliminating the consequences of road traffic). traffic accident). Therefore, here it is not one of the constituent elements of the transport process. The existing contractual relations for towing are governed by the general provisions of the Civil Code on contracts.

In KVVT regulation contractual relations on towing is mainly imperative, and the gaps in it are eliminated primarily by applying the rules of Ch. XI KVVT on the contract for the carriage of goods on inland waterway transport, which determines paragraph 6 of Art. 88 KVVT. In turn, in the KTM, this regulation is mainly dispositive, as indicated by Art. 226 KTM, providing that the rules established by Ch. XII KTM, dedicated to the towing agreement, shall apply, unless otherwise provided by agreement of the parties.

Contractual relations for towing can also be formalized by the relevant by-laws. For example, in inland water transport, towing relations are regulated by special towing rules, which are indicated in Art. 88 KVVT. These are the rules for towing ships, rafts and other floating objects, approved by the federal executive authority in the field of transport. Also on this type of transport, when towing rafts, special acts are also applied - technical conditions for the formation and equipment of rafts, which are developed by raft manufacturers, agreed with the state river navigation inspection of the basin and approved by the basin state administration body on transport (clause 2, article 89 of the KVVT).

Elements of a towing agreement. The parties to the towing agreement, concluding this agreement on inland water transport, are the towing operator - the owner of the towing vessel (his representative), as well as the sender - the owner of the towed object or a person authorized by him. A raft sender with special duties has been specially allocated (Article 90 of the KVVT). In addition, the recipient of the towed object, who receives the towed object at the port of destination, participates in legal relations on towing (Article 93 of the CVVT).

The legislator pays much less attention to the parties of legal relations from the towing agreement on maritime transport compared to the towing agreement on inland water transport. From the contents of Chap. XII KTM follows the conclusion that the parties to the contract of towing, performed on maritime transport, are the shipowners - the owners of the towed and towing vessel, as well as the owners of other floating objects.

In the towing contract, there may be a plurality of persons both on the side of the towing vehicle, for example, this is possible with joint towing, and on the side of its client. A citizen who orders towing services for needs not related to business activities (towing for consumer needs) can act as a client of a towing vehicle. In this case, in addition to the Civil Code and transport legislation, consumer protection legislation will apply to the relations of the parties from the towing agreement.

A towing agreement can also be concluded between Russian and foreign contractors. However, for some foreign contractors, the execution of this agreement on maritime transport may be limited. Limitation of the subject composition of contractual legal relations on towing may also be associated with the licensing of a particular towing activity established by the current legislation. According to paragraph 6 of Art. 9 and paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 "On Licensing Certain Types of Activities" activities for the implementation of towing by sea transport are subject to licensing (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur). Therefore, a person providing services to third parties for towing by sea must have an appropriate license.

The subject of the towing contract is the services for moving a towed object (usually a floating object) under the influence of a towing vehicle (towing services). These services are staged, which affects the content and execution of the towing agreement.

Transport legislation establishes special requirements for the form of a towing contract. These requirements are differentiated depending on the type of transport on which towing is used. For example, according to paragraph 1 of Art. 227 KTM, the sea towing contract is concluded in writing. At the same time, a port towing agreement may be concluded orally, and an agreement on assigning the duties of towing management to the captain of the towing vessel must be concluded in writing.

On inland water transport, the conclusion of the towing agreement is confirmed, and accordingly, towing relations are formalized (Article 88 of the KVVT):

• waybill drawn up in accordance with the rules of towing;
• a road bill and a receipt for the acceptance of a towed object for towing, which are issued on the basis of such an invoice;
• other documents indicated in the towing rules.

Content and execution of the towing agreement. The rights and obligations of the parties and other persons involved in the execution of the towing agreement are determined depending on the type of towing and are distributed by stages of the towing process (stages of execution of the towing agreement). To execute the contract for towing a towed (floating) object for a certain distance, the following stages (stages) of the towing process can be distinguished:

• preparation by the sender of the towed object for towing;
• presentation by the sender of the towed object for towing and its acceptance by the towing vehicle;
• direct implementation of towing by the towing vehicle;
• delivery by the towing vehicle of the towed object at the port of destination and its acceptance by the recipient.

Essentially, the same stages of execution of the contract can be identified in relation to the towing contract for the execution of the maneuver. However, in this case, these stages usually have specifics - they have a total shorter time duration, the recipient and sender of the towed object coincide in one person, the first and second stages can be essentially one stage. In other words, in terms of the stages of execution, the towing agreement for performing the maneuver is simpler. This, by the way, is also evidenced by the above features of its execution (the possibility of concluding a port towing contract orally - Art. 227 KTM).

Let us consider the content of the towing agreement using the example of a river towing agreement for a towed (floating) object for a certain distance, comparing it in some cases with the content of the corresponding towing agreement regulated by the KTM.

At the first stage, the sender is obliged to bring the towed object into a condition suitable for safe navigation (clause 1, article 89 of the KVVT). This condition is determined in accordance with the rules of towing, specifications formation and equipment of rafts, as well as a towing agreement or an agreement on the organization of towing. A rule similar, though broader in content, is contained in KTM. When preparing for towing at sea, not only the sender, but already both parties to the towing agreement are obliged to bring their ship or other floating object into a condition suitable for towing in advance (Article 228 of the CTM).

In addition, at the first stage, the issue of staffing the towed object with a crew or guides should be resolved, which is determined by agreement of the parties, unless otherwise provided by the towing rules. It appears that, as far as the law does not preclude otherwise, the noted completion may be carried out by either party to the towing contract. In the event that the crew of the towed object is completed, then the members of such a crew are obliged to comply with the orders of the captain of the towing vessel in terms of ensuring the safety of navigation, the safety of the towed object and take measures to prevent traffic accidents with the towed object (clause 3, article 89 of the Code of Military Customs and Military Customs). Special obligations that ensure the first stage of the execution of the towing contract are established for the shipper of the rafts, in particular, this is the obligation to form the rafts, bring them to the places of presentation for towing agreed in advance with the towing vehicle within the time specified in the calendar schedule agreed between the shipper and the towing vehicle or corresponding to the terms of the contract on the organization of towing (Art. 90 KVVT).

At the second stage of the towing process, the towed object prepared by the sender is presented by the sender to the towing vehicle and accepted by the latter. At the same time, the towed object must be presented by its sender for inspection no later than 12 hours before the departure date (clause 1, article 91 of the KVVT), and the towing operator is obliged to inspect it before accepting the towed object, check the documents necessary for towing, equipment (rigging ) and the equipment of the towed object, the dimensions of the towed object, the compliance of the towed object with the rules of navigation, and in relation to rafts, the compliance of the raft with the technical conditions for the formation and equipment of rafts (clause 2, article 91 of the KVVT). In accordance with Art. 91 KVVT within the framework of the considered second stage, the following documents are drawn up:

• an act on defects and shortcomings (if any) that prevent towing, and the timing of their elimination;
• an act on the readiness of the towed object for towing;
• bill of lading for towing, issued on the basis of the previous act.

At the third stage of the towing process, with the direct implementation of river towing, the main duty of the towing vehicle is realized - to tow the floating object in a timely manner and with the necessary safety. For towing at sea 228 MWC lays down general rules that towing must be carried out with skill, as the circumstances warrant, without interruption or delay except as necessary, and in accordance with good maritime practice, and a vessel or other floating object which is under the command of the master of another ship or other floating object, should also take care of the safe navigation of the towing convoy.

The obligation for river towing in the third stage may be terminated (partially, for the future) on a special basis specified in Art. 94 KVVT. This requires the presence of two legal facts:
towed objects accepted after the deadline for the termination of the mandatory acceptance of towed objects for towing;
these items could not be delivered to their destination or were delayed in transit.

In the case under consideration, the towed objects must be accepted by their senders for storage and put into storage for a long time, including in the winter season, at the place of traffic stop. Evidence of the partial termination of the obligation to tow for the future is the norm of Art. 94 KVVT that the freight charge for the distance not traveled is subject to return to the sender of the towed object, i.e., on the one hand, the towing process is no longer carried out (this service is no longer provided), the sender receives the towed object for storage, and on the other parties, a certain part of the carriage charge (towing charge) shall be refunded. Thus, the parties, in essence, in terms of the towing that has not been carried out, are brought to their original position.

As part of the fourth stage of the considered towing process, the towing vehicle delivers the towed object at the port of destination and accepts it by the recipient. At this stage, Art. 93 KVVT imposes a number of obligations on the participants in the relevant legal relations. Firstly, these are the information duties of the towing vehicle and the recipient of the towed object. The tug carrier must notify the consignee of the time of arrival of the towed object at the port of destination twice: 1) no later than 24 hours; 2) again 6 hours before the arrival of the towed object. In turn, the recipient of the towed object is obliged to indicate to the captain of the towing vessel the place of its setting and the place of acceptance. Secondly, the recipient is obliged to ensure the safe setting of the towed object. Thirdly, the towing vehicle, together with the recipient of the towed object, must inspect and assess the damage to the towed object, if it is delivered to the port of destination with signs of damage, with the preparation of an appropriate act.

In accordance with Art. 79 KVVT, applied here on the basis of the above reference norm, paragraph 6 of Art. 88 KVVT, confirmation of the issuance of the towed object to the recipient is his signature in the road list.

Responsibility for violation of the towing agreement. The above rule on the application of Sec. XI KVVT on the contract for the carriage of goods on inland water transport to relations for towing ships, rafts and other floating objects, if such relations are not regulated by special regulations of the KVVT on towing (clause 6, article 88 of the KVVT), leads to the conclusion that that civil liability for breach of a towing contract and the same liability for breach of a contract for the carriage of goods are largely similar. This is indicated by the content of ch. XV KVVT on the responsibility of the carrier, towing vehicle, consignor, consignee, sender and recipient of the towed object. At the same time, the similarity of liability for violations of the contract of carriage and towing is expressed in the well-known coincidence of the offenses, forms of liability, grounds for exemptions from it.

In ch. XV KVVT establishes the responsibility of almost all participants in the towing process described above. The towing operator is responsible for the non-delivery of vehicles (Article 115 of the KVVT); for non-compliance with the terms of delivery of the towed object (Article 116 of the KVVT); for the loss or damage to the towed object (art. 117 KVVT). The sender of the towed object is responsible for non-use of the submitted vehicles (Article 115 KVVT), for untimely payment for towing (clause 3 of Art. 120 KVVT); for untimely transfer, inaccuracy or incompleteness of the documents attached to the consignment note (clause 6 of article 120 of the KVVT). The sender and recipient of the towed object are responsible for excess demurrage of ships (clause 2, article 120 of the KVVT). Along with this, for damage to the vessel, the sender and the recipient (the relevant guilty party) are charged the cost of the necessary repairs (clause 5, article 120 of the KVVT).

As in the case of transportation, the circumstances that are the basis for the property liability of participants in the towing process during river towing in a number of situations are certified by commercial acts or acts of a general form drawn up by towing vehicles on the basis of applications from senders and recipients of towed objects (Article 160 KVVT). A commercial act is drawn up upon the issuance of a towed object to certify certain circumstances expressly specified in Art. 160 KVVT, in particular to verify the damage to the towed object. In other cases, acts of a general form are drawn up (clause 5 of article 160 of the KVVT).

The main forms of liability for violation of the river towing agreement are a penalty (fine, interest) and the recovery of real damage (part of it). As an exception, in cases provided for by law, it is possible for the parties to be liable for towing obligations in the form of full compensation for the losses caused.

The application of measures of civil liability in legal relations for river towing, as well as in legal relations for transportation, is associated with compliance with the mandatory claims procedure for settling disputes. This procedure is applied when presenting requirements to the towing vehicle. At the same time, the legislation does not provide for a mandatory claim procedure if the towing vehicle itself addresses its claims to other participants in the towing process.

The specified procedure for the settlement of disputes is expressed in the fact that, according to Art. 161 KVVT before filing a claim against the towing vehicle in connection with towing, it is mandatory to present a claim against it (at its location) with the documents established by the specified article of the KVVT (documents confirming the right of the applicant to file a claim, etc.).

The claim procedure for settling disputes related to towing, as well as a similar procedure for resolving disputes in connection with transportation, consists of two stages: filing and filing a claim; consideration of the complaint and sending a response to it. Within the first stage interested party(the victim of the offense) draws up a claim and the documents attached to it and declares it to the towing vehicle. Claims against towing vehicles can be brought by certain persons (specific interested participants in the towing process) during special limitation periods, which are calculated according to special rules. For example, when resolving a dispute about damage to a towed object in a claim procedure:
the recipient of the towed object has the right to file a claim against the towing vehicle, provided that he submits a consignment note, a commercial act, and in the absence of a commercial act, a document on appealing against a refusal to draw up a commercial act (Article 162 of the KVVT);
the limitation period in this case is set at one year (Art. 164 KVVT);
Limitation periods are calculated in respect of compensation for damage for damage to the towed object from the date of issue of the towed object (Article 161 of the Code of Military Customs).

At the second stage, the towing operator is obliged to consider the received claim and notify the applicant in writing of the results within 30 days from the date of receipt of the claim (Article 163 of the KVVT). Claims against the towing vehicle may be filed following the results of the consideration of the claim - in the event of a complete or partial refusal of the towing vehicle to satisfy the claim or in the event that the towing vehicle does not receive a response to the claim filed within 30 days (Article 164 of the KVVT). Claims are brought by the same persons who have the right to file claims.

Exemption from civil liability in obligations for river towing is carried out in cases expressly specified in the KVVT. Firstly, this happens when the person held liable fulfills the obligation to prove certain circumstances directly indicated in the law under which the responsibility of this person does not arise, and which are in a direct causal relationship with the offense. Secondly, exemption from liability takes place in other cases determined by the KVVT.

Liability in towing regulated by KTM has a significant specificity in comparison with liability associated with river towing. The main features here are, firstly, a large degree of optionality in legal regulation, which is expressed in securing the possibility of making a number of agreements on liability, and secondly, the differentiation of liability for sea towing and port towing on a subjective basis. Since sea towing is carried out under the control of the captain of the towing vessel (clause 1, article 229 of the KTM), the responsibility for damage caused during sea towing to the towed vessel or other floating object, or to people or property on them, is borne by the owner of the towing vessel, unless prove that the damage was caused through no fault of his own.

At the same time, the parties to the sea towing agreement may, by agreement in writing, impose the obligation to manage sea towing on the captain of the towed vessel or other floating object. In this case, the owner of the towed ship or other floating object shall be liable for damage caused during sea towing to the towing ship or to people or property on it, unless he proves that the damage was caused not through his fault.

Liability for port towing is regulated in a similar way (Article 230 of the KTM). Due to the fact that port towing is carried out under the control of the captain of the towed vessel or other floating object, the owner of the towed vessel or other floating object shall be liable for damage caused during port towing to the towing vessel or to people or property on it, unless he proves that the damage was caused through no fault of his own. As in the previous situation, the parties to the port towing agreement may, by agreement in writing, impose the obligation to manage port towing on the captain of the towing vessel. In this case, the owner of the towing vessel shall be liable for damage caused during port towing to a towed vessel or other floating object, or to people or property on them, unless he proves that the damage was caused not through his fault.

In any type of towing, the owner of the towing vessel is not liable for damage caused during towing in ice conditions to the towed vessel or other floating object, or to people or property on them, unless it is proved that the damage was caused through his fault (Article 231 of the Code).

Claims arising from a towing contract made in accordance with the MLC are subject to a one-year limitation period (Article 409 of the MLC).

In addition to the application of measures of civil liability for violations of the towing agreement, it is also possible to use other methods of protecting civil rights. They, for example, may be the adoption of measures to reduce the harm caused, as well as the restoration of the situation that existed before the violation of the right (Article 12 of the Civil Code). So, according to the general rule of paragraph 1 of Art. In the event of a transport accident with a towed object, the captain of the towing vessel, the consignor and members of the crew of the towed object are obliged to jointly take measures to reduce the damage caused by such an incident and eliminate its consequences.

Transport expedition

Concept and elements of the contract of transport expedition. In accordance with par. 1 p. 1 art. 801 of the Civil Code, under a transport expedition agreement, one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client - the consignor or consignee), to perform or organize the performance of the services specified in the expedition agreement related to the transportation of cargo.

In para. 2 and 3 paragraph 1 of Art. 801 of the Civil Code defines the main and additional services that, under the contract of a transport expedition, the forwarder undertakes to perform or organize. In particular, the main services include the obligations of the forwarder to organize the carriage of goods by transport and along the route chosen by the forwarder or the client, the obligation of the forwarder to conclude on behalf of the client or on his own behalf the contract (contracts) for the carriage of goods, to ensure the dispatch and receipt of goods, as well as other obligations, related to transportation. As additional services a transport expedition agreement may provide for the implementation of such operations necessary for the delivery of cargo, such as obtaining documents required for export or import, performing customs and other formalities, checking the quantity and condition of the cargo, loading and unloading it, paying duties, fees and other expenses imposed on client, storage of cargo, its receipt at the destination, as well as the performance of other operations and services provided for by the contract.

The stated definition of the contract of transport expedition allows us to highlight its main features. The transport expedition agreement is consensual, paid and bilaterally binding. The parties to the freight forwarding agreement are the freight forwarder and the client (the carrier itself can also act as a freight forwarder). The subject of the contract is the performance or organization of the performance of services related to the carriage of goods, the list of which is not exhaustive. The contract is concluded in writing (the client must issue a power of attorney to the forwarder, if it is necessary to fulfill his duties) (Article 802 of the Civil Code).

In the legal literature, some of the indicated signs of a transport expedition agreement are interpreted ambiguously. For example, it has been suggested that a freight forwarding contract can be either consensual, when the freight forwarder organizes the execution forwarding services, or real, when he performs them with the cargo entrusted to him, when the forwarder is the carrier. Some authors note that regardless of how the freight forwarder undertakes to provide forwarding services to the client: directly perform these services on their own or just organize their implementation, the corresponding obligations arise on the side of the forwarder due to the very fact of signing an agreement with the client.

The contract of transport expedition combines transportation and forwarding actions, as well as legal procedures related to the main obligation, entailing civil law consequences. The question of how the contract of transport expedition is executed belongs to legal procedures and does not affect the consensual nature of the contract itself.

A feature of the transport expedition agreement is the well-known uncertainty of the subject of this agreement, since the Civil Code does not contain an exhaustive list of transport expedition services. Therefore, in order for the freight forwarding contract to be considered concluded, the parties must agree (list in the contract) the services that the forwarder provides to the client. In any case, the provision of forwarding services is aimed at organizing the transportation process, designed to facilitate the implementation of the contract for the carriage of goods. Therefore, the subject of a transport expedition contract can be defined as a set of legal actions aimed at performing or organizing the performance of services related to the carriage of goods.

According to paragraph 3 of Art. 801 of the Civil Code, the conditions for fulfilling the contract of transport expedition are determined by agreement of the parties, unless otherwise provided by the law on transport and forwarding activities, other laws or other legal acts.

Currently, the regulation of relations related to the provision of forwarding services, along with the rules of Ch. 41 of the Civil Code is implemented by the Federal Law of June 30, 2003 "On Forwarding Activities" (hereinafter referred to as the Law on Forwarding Activities). This Law determines the procedure for the implementation of forwarding activities: the procedure for the provision of services for the organization of transportation of goods by any means of transport and the execution of transportation documents, documents for customs purposes and other documents necessary for the carriage of goods.

Other laws and legal acts that formally regulate contractual relations for transport forwarding are transport charters and codes. At the same time, only the UZHT contains a rule on the transport expedition (Article 120). In KVVT, KTM, VK and UAT, the norms on the transport expedition are not provided.

The Law on Forwarding Activities also provides that the rules for forwarding activities are approved by the Government of the Russian Federation. The rules of forwarding activities determine: a list of forwarding documents (documents confirming the conclusion of a transport expedition contract); requirements for the quality of forwarding services; the procedure for the provision of forwarding services. In addition, the Rules for the centralized export (import) of goods from railway stations located on the territory of the Russian Federation, carried out by forwarding enterprises, continue to operate, approved. Ministry of Railways of Russia and the Ministry of Transport of Russia by letter dated May 14, 1993 N S-405u / AK-7 / TsM-180. The provisions of the mentioned and other departmental normative acts on the transport expedition can be changed and supplemented in the expedition contracts concluded.

The content of the contract of transport expedition. The content of this agreement, as in any other case, is a set of rights and obligations of the parties. At the same time, the rights and obligations of the parties in the contract of transport expedition are established by civil law and the agreement of the parties to the contract of expedition.

In Art. 804 of the Civil Code defines the documents and other information provided to the forwarder. In particular, the client is obliged to provide the forwarder with documents and other information on the properties of the cargo, on the conditions of its transportation, as well as other information necessary for the forwarder to fulfill the obligation stipulated by the freight forwarding contract. In turn, the freight forwarder is obliged to inform the client about the detected shortcomings of the information received, and in case of incomplete information, request the client for the necessary additional data. If the client fails to provide the necessary information, the freight forwarder has the right not to start fulfilling the relevant obligations until such information is provided.

In relations with a freight forwarder, it is allowed to perform the duties of a freight forwarder by a third party, if it does not follow from the freight forwarding contract that the freight forwarder must perform his duties personally, the freight forwarder has the right to involve other persons in the performance of his duties. In this case, imposing the fulfillment of an obligation on a third party does not release the freight forwarder from liability to the client for the fulfillment of the contract (Article 805 of the Civil Code).

According to Art. 806 of the Civil Code, any of the parties has the right to refuse to fulfill the contract of transport expedition, having warned the other party about it within a reasonable time. In case of unilateral refusal to perform the contract, the party that declared the refusal must compensate the other party for the losses caused by the termination of the contract.

A number of additional rights of the parties to the contract of transport expedition are indicated in Ch. 2 of the Law on Forwarding Activities. According to Art. 3 of the said Federal Law, the freight forwarder is granted the following rights.

The forwarder has the right to deviate from the client's instructions if it is necessary in the interests of the client and the forwarder, due to circumstances beyond his control, could not first request the client in the manner prescribed by the contract for his consent to such a deviation or receive a response to his request within 24 hours.

If the client's instructions are inaccurate or incomplete or do not comply with the forwarding contract and the forwarder, due to circumstances beyond his control, was not able to clarify the client's instructions, the forwarder provides forwarding services based on the interests of the client.

Unless otherwise provided by the forwarding contract, the freight forwarder has the right to choose or change the type of transport, the route of cargo transportation, the sequence of cargo transportation by various modes of transport, based on the interests of the client. In this case, the freight forwarder is obliged to immediately notify the client in the manner prescribed by the contract of the changes made by him.

The freight forwarder, if it is provided for by the freight forwarding contract, has the right to retain the cargo at his disposal until the payment of remuneration and reimbursement of expenses incurred by him in the interests of the client or until the client provides proper security for the fulfillment of his obligations in terms of payment of remuneration and reimbursement of expenses incurred by him. In this case, the client also pays the costs associated with the retention of the property. In these situations, the client is responsible for the resulting damage to the cargo due to its retention by the freight forwarder.

The freight forwarder has the right not to start fulfilling the obligations stipulated by the freight forwarding agreement until the client submits required documents, as well as information on the properties of the cargo, on the conditions of its transportation and other information necessary for the forwarder to fulfill his obligations. In case of submission of incomplete information, the freight forwarder is obliged to request from the client the necessary additional data in the manner prescribed by the forwarding contract.

The forwarder has the right to verify the authenticity of the necessary documents submitted by the client, as well as information on the properties of the cargo, on the conditions of its transportation and other information necessary for the forwarder to fulfill the obligations stipulated by the freight forwarding agreement.

In turn, the client has the right:

• choose the route of the cargo and the type of transport;
• to demand from the forwarder, if it is provided for by the transport expedition contract, the provision of information on the process of cargo transportation;
• give instructions to the freight forwarder in accordance with the freight forwarding contract.

To the duties of a freight forwarder in accordance with Art. 4 of the Law on Forwarding Activities include:

• provide services in accordance with the contract of transport expedition;
• if there is no possibility of a preliminary request for deviation from the client's instructions or if the forwarder does not receive a response to such a request within 24 hours, the forwarder is obliged to notify the client of the deviations made as soon as notification becomes possible, in the manner prescribed by the contract;
• a freight forwarder providing services to a client for personal, family, household or other needs not related to the client's business activities, is obliged to provide, at his request, information, provided by law of the Russian Federation on consumer protection;
• upon acceptance of the cargo, the forwarder is obliged to issue the forwarding document to the client, as well as to present to the client the originals of the contracts concluded by the forwarder in accordance with the forwarding contract on behalf of the client on the basis of the power of attorney issued by him;
• the freight forwarder is not entitled to conclude a cargo insurance contract on behalf of the client, unless it is expressly provided for in the freight forwarding contract.

In relation to the client, an obligation has been established to provide the forwarder in a timely manner with complete, accurate and reliable information about the properties of the cargo, about the conditions of its transportation and other information necessary for the forwarder to fulfill the obligations stipulated by the transport expedition agreement, and the documents necessary for customs, sanitary control, other types state control. In addition, the client, in the manner prescribed by the forwarding agreement, is obliged to pay the remuneration due to the forwarding agent, as well as reimburse the expenses incurred by him in the interests of the client (Article 5 of the Law on Forwarding Activities).

Responsibility for violation of the contract of transport expedition. Such liability arises in accordance with the rules of the Civil Code, the Law on Freight Forwarding Activities, in accordance with the terms of the concluded freight forwarding agreement. According to Art. 11 of the Law on Freight Forwarding Activities, a freight forwarding contract may provide for a higher amount of liability of the forwarder compared to the amount of liability established by law or an international treaty of the Russian Federation. At the same time, an agreement on the elimination of the freight forwarder's property liability or the reduction of its amount, established by law, is void.

In accordance with Art. 803 of the Civil Code for non-fulfillment or improper fulfillment of obligations under the expedition contract, the forwarder is liable on the grounds and in the amount determined in accordance with the rules of Ch. 25 GK. Therefore, the freight forwarder is liable for violation of this agreement according to the general rules of civil law on liability for violation of obligations.

However, if the freight forwarder proves that the breach of obligation was caused by improper performance of the contracts of carriage, the liability of the freight forwarder to the client is determined in accordance with the same rules under which the respective carrier is liable to the forwarder. This rule applies only in situations where, under the terms of the contract of transport expedition, the forwarder is obliged to conclude a contract of carriage on his own behalf, since only in this case the carrier can be held liable to the forwarder. As a matter of fact, the noted rule - "the responsibility of the forwarder is equal to the responsibility of the carrier" - means a certain improvement in the legal position of the forwarder, since in a number of cases, as was shown above, the carrier bears only limited liability.

As for the client's liability, the Civil Code contains only one general rule on his liability for violation of the information obligation in relation to the forwarder (paragraph 4 of article 804). Thus, the responsibility of the client comes under the general rules on liability for breach of obligations.

The provisions of the Civil Code on liability for violation of the transport expedition contract are developed and detailed by special rules provided for in Ch. 3 of the Law on Forwarding Activities. As follows from Art. 6 of the said Law, the general basis of liability is non-fulfillment or improper fulfillment by the client and the forwarder of their obligations stipulated by the forwarding contract and the Law on Forwarding Activities. For the freight forwarder, a special basis of liability may be a breach of obligation caused by improper performance by the carrier of the contract of carriage.

The main forms of liability of the parties for violation of the contract of transport expedition are compensation for losses (full or partial), collection of a penalty, return of remuneration by the forwarder. In particular, in the event of a unilateral refusal to execute the freight forwarding contract, the client or forwarder shall reimburse the counterparty for losses caused by the termination of the contract and pay a fine in the amount of 10% of the costs incurred by the forwarder or client (clause 5, article 6 of the Law on Freight Forwarding Activities) .

The forwarder is also liable to the client in the form of compensation for real damages for the loss, shortage or damage (spoilage) of the cargo after it is accepted by the forwarder and before the delivery of the cargo to the recipient specified in the freight forwarding contract, or to a person authorized by him, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the forwarder could not prevent and the elimination of which did not depend on him, in the following amounts:

1. for the loss or shortage of cargo accepted by the freight forwarder for transportation with a declaration of value - in the amount of the declared value or a part of the declared value proportional to the missing part of the cargo;
2. for the loss or shortage of cargo accepted by the freight forwarder for transportation without declaring value - in the amount of the actual (documented) value of the cargo or the missing part of it;
3. for damage (spoilage) of cargo accepted by the freight forwarder for transportation with a declaration of value - in the amount by which the declared value has decreased, and if it is impossible to restore the damaged cargo - in the amount of the declared value;
4. for damage (damage) to cargo accepted by the forwarder for transportation without declaring value - in the amount by which the actual (documented) value of the cargo has decreased, and if it is impossible to restore the damaged cargo - in the amount of the actual (documented) value of the cargo 1 article 7 of the Law on Forwarding Activities).

In this case, the actual value of the cargo is established on the basis of the price indicated in the contract or the seller's invoice, and in its absence - on the basis of average price for a similar product that existed in the place where the goods were to be released, on the day of the voluntary satisfaction of such a claim or, if the claim was not voluntarily satisfied, on the day the court decision was made. In turn, the cargo is considered lost if it has not been issued after 30 days from the date of expiration of the delivery period specified in the transport expedition agreement, or, if such a period is not determined by the agreement, within a reasonable period necessary for the delivery of the cargo and calculated from the day acceptance by the freight forwarder of the goods for transportation. At the same time, the cargo that was delivered, but was not released to the recipient specified in the transport expedition contract, or to a person authorized by him due to non-payment of the remuneration due to the forwarder, is not considered lost if the forwarder promptly notified the client about the provision of forwarding services in the manner prescribed by the contract transport expedition.

In situations where there is a loss, shortage or damage (spoilage) of the cargo, it is possible to apply such a sanction as a full or partial refund of the paid remuneration by the client. According to paragraph 3 of Art. 7 of the Law on Freight Forwarding Activities, it may be established in the freight forwarding contract that along with compensation for real damage caused by the loss, shortage or damage (spoilage) of the cargo, the forwarder returns to the client the previously paid remuneration, if it is not included in the cost of the cargo, in in an amount proportional to the value of the lost, missing or damaged (spoiled) cargo.

Along with compensation for actual damage and the return to the client of the remuneration paid by him to the freight forwarder in the amounts indicated above, established by Art. 7 of the Law on Freight Forwarding Activities, the forwarder is obliged to compensate the client for lost profits in connection with the loss, shortage or damage (spoilage) of the goods that occurred through the fault of the forwarder.

In addition to losses caused by unilateral refusal to fulfill the contract, as well as loss, shortage or damage (spoilage) of the cargo, the freight forwarder must compensate for the losses caused by the delay on his part. In accordance with Art. 8 of the Law on Freight Forwarding Activities, the freight forwarder compensates for losses caused to the client by violation of the deadline for fulfilling obligations under the freight forwarding contract, unless otherwise provided by the specified contract and the freight forwarder proves that the violation of the deadline occurred due to force majeure circumstances or through the fault of the client. However, if the client under the freight forwarding agreement is a citizen-consumer, then in such a situation, in addition to full compensation for losses, the forwarder pays the client for each day (in this case, incomplete days are considered full) or hour (if the period is indicated in hours) of delay, a penalty in the amount of 3%, but not more than 80% of the amount of remuneration due to the freight forwarder, unless he proves that the violation of the deadline occurred due to force majeure circumstances or through the fault of the client.

The responsibility of the forwarder under a transport expedition agreement, the subject of which is forwarding services related to the transportation of goods in international traffic, has some specifics. It may be limited (clause 3, article 6 of the Law of Freight Forwarding Activities). In connection with the provision of the aforementioned forwarding services and the use of the relevant forwarding documents in the provision of these services, the limit of the forwarder's liability for non-fulfillment or improper fulfillment of the obligations stipulated by the forwarding contract may not exceed 666.67 units of account per place or other shipping unit, with the exception of the forwarder's liability before the client-consumer (clause 2, article 9 of the Law of Forwarding Activities). In this case, the unit of account is understood as the unit of the special drawing right, defined by the International Monetary Fund (IMF). The value of the ruble in special drawing right units is calculated in accordance with the method of valuation applied by the IMF on the relevant date for its operations and transactions. In accordance with the value of the ruble in units of the special drawing right, the transfer into rubles is carried out on the date of the court decision or on the date established by agreement of the parties.

A special rule that establishes the limitation of the forwarder's liability for violation of obligations in the provision of the specified forwarding services concerns the forwarder's liability for the loss, shortage or damage (spoilage) of the cargo. Such liability cannot exceed two units of account per kilogram of the total weight of the lost, missing or damaged (damaged) cargo, unless a higher amount is reimbursed by the person for whom the forwarder is responsible (clause 2, article 7 of the Law on Freight Forwarding Activities).

At the same time, these rules on limiting the liability of the forwarder do not apply (clause 4, article 6 of the Law on Freight Forwarding Activities), if it is proved that the loss, shortage or damage (spoilage) of the cargo accepted for forwarding occurred as a result of the action or inaction of the forwarder himself committed intentionally or through gross negligence.

A special rule has been established regarding the recovery of lost profits. When providing forwarding services related to the transportation of goods in international traffic, the indicated part of the losses is reimbursed in full, but not more than in the amount of liability established by the Law on Forwarding Activities (clause 5, article 7).

According to Art. 10 of the Law on Forwarding Activities (clause 4 of article 804 of the Civil Code), the client is liable for losses caused to the forwarder in connection with failure to fulfill the obligation to provide information. If the unreasonableness of the client's refusal to pay the expenses incurred by the forwarder in order to fulfill the obligations stipulated by the freight forwarding agreement is proved, the client pays the forwarder, in addition to the indicated expenses, a fine in the amount of 10% of the amount of these expenses. The client is responsible for late payment of remuneration to the forwarder and reimbursement of expenses incurred by him in the interests of the client in the form of payment of a penalty in the amount of one tenth of a percent of the remuneration to the forwarder and expenses incurred by him in the interests of the client for each day of delay, but not more than in the amount of the remuneration due to the forwarder and incurred them for the benefit of the client's costs.

As in the case of transportation and towing, the application of liability in relation to a transport expedition is associated with claim procedures. The claim procedure for resolving disputes for relations on a transport expedition is provided for in Art. 12 of the Law on Freight Forwarding Activities, according to which, before filing a claim against a freight forwarder arising from a freight forwarding contract, it is mandatory to file a claim against him, with the exception of a claim by a client who is a consumer citizen. According to the meaning of this norm, the mandatory claim procedure is also not applied in a situation where claims are made by the freight forwarder himself to the client. However, in this case, a voluntary claim procedure provided for by the contract may operate.

Not only the client himself, but also the person authorized by him to file a claim and a claim, the recipient of the cargo specified in the freight forwarding contract, as well as the insurer who has acquired the right of subrogation, have the right to present a claim and claim to the forwarder.

For claims arising from a freight forwarding contract, a reduced limitation period is established, which is one year (Article 13 of the Law on Freight Forwarding Activities).

Introduction 3

1. General provisions about transport obligations:

1.1 Modes of transport and their organizational structure 5

1.2 The concept of the obligation of carriage 7

1.3 Organizational prerequisites for concluding a contract of carriage 9

1.4 Types of contracts of carriage 15

2. Contract for the carriage of goods:

2.1 The form of the contract for the carriage of goods and the procedure for its conclusion 26

2.2 Subjects of obligation for freight transportation. Legal status of the consignee 30

2.3 Features of the carriage of goods in direct mixed traffic, combined transportation 40

2.4 The rights and obligations of participants in the obligation of freight transportation arising before the conclusion of the contract of carriage 42

2.5 Rights and obligations of the subjects of the contract of carriage and the consignee 43

3. Liability for violation of the obligation to transport goods:

3.1 Conditions and features of liability in the obligations of freight transportation 45

3.2 Responsibility of the carrier for non-delivery of vehicles and the consignor for their non-use 46

3.3 Responsibility for violation of the contract for the carriage of goods (subjects, grounds, scope) 48

3.4 The procedure for filing claims and lawsuits under a contract for freight transportation 51

4. Transportation of passengers and luggage 53

5. Solving a legal problem 63

6. Conclusion 65

References 67

Introduction

Transport forms an independent sphere economic activity living by special rules. The role of transport is to provide specific services aimed at moving goods or people in space. Transport activity is not accompanied by the creation of new things (objects of the material world). Its value lies in the economic effect that is created as a result of the movement of cargo, passengers and baggage to an agreed place. Therefore, transportation relations arise when there is a need for the territorial movement of objects or people using vehicles. Usually two subjects take part in them: a transport organization (the owner of the vehicle) and a person interested in transportation. Being regulated by the rules of law, these relations take the form of obligations under the law.

In modern society, there are several completely independent modes of transport. Their division is due to the difference in vehicles that are used to move cargo and passengers (air or sea vessel, train), as well as the different natural environment of their operation (for example, river and sea transport).

1. General provisions on transport obligations:

1.1 Modes of transport and their organizational structure

Transport obligation - this is an obligation by virtue of which the carrier undertakes to deliver the cargo or passenger to the specified destination, and the sender of the cargo (luggage), the passenger or another person undertakes to pay remuneration for the services rendered to him.

Rail transportation. Being a natural monopoly, the railroad remains the only form of transport that is federally owned by the state. Railways act as state unitary enterprises. They are managed by federal executive bodies (primarily the Ministry of Railways of Russia) in a centralized manner, but using market principles (Article 11 of the Law on Federal Railway Transport). This determines the specifics of the contract for the carriage of goods by rail.

Transportation by inland water transport. In river transport, transportation differs by type of fleet - carried out by navigable and non-self-propelled fleets, as well as on river-sea mixed navigation vessels. There are also direct and local (carried out by the port fleet) transportation. For local shipments, the carrier is the port, in all other cases the shipping company.

Sea transportation. Sea transport is classified into:

a) internal transportation between ports of the same sea (in small cabotage);

b) internal transportation between ports of different seas (large cabotage);

c) transportation in foreign traffic.

There are also local transportations (within the port and its water area).

Air transportation. The Air Code distinguishes between domestic air transportation, when all landing points are located on the territory of Russia, and international air transportation, in which at least one of the landing points is located on the territory of another state (Article 101 of the Air Code of the Russian Federation). In addition, local, direct and transit air transportation is distinguished.

In the legislation on air transportation, the figures of aviation enterprises, operators and carriers are distinguished (Articles 61, 100 of the RF VC).

An aviation enterprise is a legal entity that can carry out any type of activity related to air transportation or the performance of aviation work on the basis of a license.

The operator is a natural or legal person who has the right of ownership or other legal title (lease agreement, etc.) to an aircraft and uses it for flights. The operator must hold a special certificate to fly.

The carrier is an operator that has a license to carry out air transportation on the basis of relevant agreements.

Automobile transportation. In road transport, transportation differs primarily on a territorial basis, namely:

a) urban (within the boundaries of the city, another settlement);

b) suburban (outside the city or other settlement at a distance of up to 50 km inclusive);

c) long-distance (outside the above settlements at a distance of more than 50 km);

d) inter-republican (on the territory of several subjects of the Federation);

e) international (Article 5 of the Charter of Road Transport of the RSFSR 1969).

1.2 The concept of the obligation of carriage.

Transport forms an independent sphere of economic activity, living according to special rules. The role of transport is to provide specific services aimed at moving goods or people in transport. Transport activity is not accompanied by the creation of new things (objects of the material world). Its value lies in the economic effect that is created as a result of the movement of cargo, passengers and baggage to an agreed place. Therefore, transportation relations arise when there is a need for the territorial movement of objects or people using vehicles. Usually two subjects take part in them: a transport organization (the owner of the vehicle) and a person interested in transportation. Being regulated by the rules of law, these relations take the form of obligations under the law.

However, not every territorial movement of objects or people by means of vehicles gives rise to an obligation of carriage. The latter is characterized by a number of features. Firstly, it must be marketable and based on an equivalent-compensated basis. The so-called technological transportation, carried out by a person's own transport (transportation of raw materials from a warehouse to a workshop, finished products to a warehouse, etc.), do not give rise to an obligation to transport. Secondly, it is necessary to consider the method of movement. Transportation characterizes the spatial movement of goods and persons located "on" and "in" the vehicles themselves (on the platform, on the deck, in the wagon, in the cabin, in the hold, etc.). If an object is moved by pull and push (for example, a barge or raft using a tug), then special towing relationships arise. Thirdly, the bulk of transportation is carried out by the so-called public carriers, specially created to provide transport services to everyone. Their functions are explained by the place of transport in the system of division of labor. Transport is one of the most highly monopolized branches of human activity, and some of its types have a natural monopoly (railway transport).

Therefore, by virtue of the obligation of transportation, the carrier undertakes to deliver the cargo or passenger to the specified destination, and the sender of the cargo (luggage), the passenger or another person undertakes to pay remuneration for the transport services provided (to pay a carriage charge).

The obligation to transport can be called the core of transport obligations. In its implementation, other obligations related to transport services (organizational and transportation, forwarding, rental, etc.) may also arise. The derivative nature of such obligations does not eliminate their independent legal significance. Close in nature, but still different from carriage, is the towing obligation. Thus, transport obligations are called obligations for the carriage of goods, passengers and baggage, as well as other obligations for the provision of transport services related to transportation, or aimed at moving goods in another way.

1.3 Organizational prerequisites for concluding a contract of carriage.

The transportation of goods is always preceded by the agreement of the main conditions of transportation (the timing and number of vehicles required for transportation, as well as the volume and nature of the goods transported). The main task of such harmonization is the most rational and economical use of transportation means that meets the demands of the market. In a period when administrative principles prevailed in the regulation of the economy, the vast majority of transportation was planned centrally. That is why all transport charters and codes included sections on transportation planning. At present, transportation planning, as a rule, is of a technical and economic, and not of an administrative and legal nature.

As a general rule, enshrined in Art. 784 of the Civil Code of the Russian Federation, transportation of goods, passengers and luggage is carried out on the basis of a transportation contract. The conclusion of a contract for the carriage of goods requires the presence of organizational prerequisites. They are embodied in the counter actions of the parties to the obligation to transport: the carrier must submit serviceable vehicles for loading, and the consignor must present the goods for transportation (Article 791 of the Civil Code of the Russian Federation). Prerequisites today can take legal forms:

b)agreements on the organization of transportation (annual, navigational, etc.) on any type of transport;

c)administrative-planning acts in the mentioned special cases. In addition, sometimes all the organizational prerequisites for concluding a contract for the carriage of goods are simply contained in the contract of carriage itself, which has a consensual nature.

With the application (order) system, the consignor provides the carrier with information about his needs for transportation. In railway and river transport, ten-day applications are especially distinguished (Article 28 of the Charter of the Railways and Article 61 of the Charter of Inland Water Transport). The filing of an application ensures the beginning of the process of transportation of goods, but is not considered an offer in the contract of carriage.

An agreement on the organization of transportation is concluded in the manner prescribed by Article 798 of the Civil Code of the Russian Federation. This form of relationship between the carrier and the cargo owner is used in the systematic transportation of goods on a long-term basis. The essence of this agreement is that the carrier undertakes to accept, and the cargo owner, to present for transportation goods in the stipulated volume in a timely manner. By its nature, it is not a contract of carriage, it is consensual, mutual in nature and is aimed at ensuring the planned shipment of goods. Contracts on the organization of transportation have received different names in transport charters and codes (annual contract - for road transport, navigation - for inland waterway, etc.). The essential terms of the contract are the volume and timing of the provision of vehicles and the presentation of goods for transportation, the procedure for settlements between the parties, etc.

Carrying out the actions specified in Art. 791 of the Civil Code of the Russian Federation, occurs in the manner prescribed by transport legislation. The carrier is obliged to submit vehicles in the quantity agreed with the consignor, within the stipulated time and at a certain place. In established cases and in agreement with the sender, it is allowed to supply vehicles in a larger quantity than indicated in the application. The terms for the submission of means of transport are determined by agreement of the parties or in accordance with the normative procedure. The conditions and procedure for the supply of means of transport are established by special rules that apply to individual modes of transport. So, in railway transport, the procedure for supplying wagons to sidings is determined by an agreement for the operation of sidings or an agreement for the supply and cleaning of wagons, taking into account the size of the average daily loading or unloading. Submission of wagons for loading by means of the consignor on the public track is carried out upon prior notification or at certain intervals. The originally set time for the delivery of vehicles can be changed by agreement of the parties. The place of delivery of vehicles depends on the characteristics of their operation and the technical capabilities of the carrier and the sender. In air transport, for example, it will be the location of an airport or a specially equipped runway. In road transport, the technical capabilities of which allow conveyances to be delivered directly to the warehouses of the clientele, the place of their supply is usually the warehouse of the consignor or another point specified in the contract. When transported by rail and water transport vehicles are served at stations (piers, berths), ports, both public and belonging to the senders.

In accordance with Art. 791 of the Civil Code of the Russian Federation, the carrier is obliged to provide the consignor with serviceable means in a condition suitable for the carriage of the corresponding cargo. Serviceability and suitability of means of transport must be technical and commercial and ensure safety during transportation. The vehicle is delivered cleaned of cargo and debris or washed and disinfected, etc. At the same time, the sender of the cargo has the right to refuse the submitted vehicles on suitable for the transportation of the corresponding cargo. For maritime transportation, the seaworthiness of the vessel is of great importance, also embracing both its technical and commercial characteristics.

The obligation of the carrier to present the goods corresponds to the obligation of the sender to present the goods for carriage. The conditions for the delivery of goods for transportation are general, which must be met in all cases, regardless of the specifics of the cargo, and special, which are used when transporting goods with special properties. General conditions relate to the quantity and name of the cargo, determination of its weight, tare (packaging), marking and declaration of value. Special - set for goods, the transportation of which requires compliance with special measures and conditions for their transportation. Thus, when transporting many types of cargo, it is necessary to present a certificate of their quality, and when transporting animals and birds - veterinary documents.

The quantity and type of cargo to be handed over for transportation are determined by the application, the contract on the organization of transportation or the contract of transportation itself. Replacement of one cargo by another is allowed with the consent of the carrier. The goods presented for transportation must be correctly named. Goods requiring protection from loss, damage or damage must be presented in a serviceable container that meets the standards or at least ensures their complete safety. Subject to this requirement, the transport organization has the right to refuse to accept the goods. At the discretion of the sender, the cargo may be handed over for transportation with a declared value. The use of the latter makes it easier to prove the value of the cargo in case of its loss and damage. One of the conditions that ensure the safety and individualization of cargo during transportation is its labeling, i.e. applying certain inscriptions and symbols to the cargo to determine the ownership of the cargo, its features, compliance with precautionary measures, etc.

The weight of the load can be determined:

a) weighing (air and often other modes of transport);

b) by stencil on each package;

c) according to the standard when transporting goods packed in containers of standard capacity;

d) by calculation (for example, according to the measurement or draft of the ship);

e) conditionally (animals, cars, etc.).

The method of determining the weight is indicated in the transport documents. Unless otherwise provided by law or contract, the weight of the cargo is determined by the person who performs the loading.

By doing so, the parties enter into a contractual relationship.

1.4 Types of contracts of carriage

Rail transportation.

The contract is drawn up by waybill, which is the main transportation document. It accompanies the cargo along the entire route and is issued to the consignee along with the cargo at the destination station (hence its name - the shipping document). The legal meaning of the invoice is that:

a) it is a mandatory written form of the contract;

b) proves the fact of conclusion of the contract and embodies its content;

c) legitimizes the person to bring claims and lawsuits against the transport organization arising from the improper performance of the contract of carriage.

The waybill is drawn up by the consignor, who is responsible for all consequences of the incorrectness, inaccuracy or incompleteness of the information indicated in it. The road has the right, but is not obliged to verify the accuracy of this information (Art. 39 UZhD).

The contract is considered concluded from the moment when the cargo is handed over for transportation together with the waybill. The carrier makes an appropriate note on the consignment note, and in satisfaction of the acceptance of the cargo for transportation, issues a cargo receipt to the sender. The latter has evidentiary value in relation to the fact of concluding a contract of carriage and serves as the basis for filing a claim against the railway in case of loss of cargo and waybill. Other transportation documents also include a road list, a wagon sheet, a transfer list for transportation by direct mixed traffic. All of them are primary accounting documents and have evidentiary value.

Tariffs for freight transportation are set on the basis of the state budgetary, price and tariff policy in accordance with the Law on Natural Monopolies in the manner determined by the Government of the Russian Federation (Article 10 of the Law on Federal Railway Transport). Additional works and services of railways can be paid at contractual prices. All payments due to the railway for the carriage of goods are made by the consignor at the station of departure. Violation of this obligation entails the collection of a fine from him in the amount established by the UZD, and the dispatch of the goods may be delayed until payments are made. In addition, the road is generally released from liability for non-delivery of vehicles until the sender makes payments for the previous transportation. For excess storage, a fine is charged. Final settlements for the carriage of goods are made with the recipient, unless otherwise provided by the contract.

The railway is obliged to deliver the goods to the destination within the specified time, which depends on the distance, type of shipment, speed of transportation and other conditions. Freight and higher speed transportation (Article 40 UZhD), as well as transportation by passenger trains and cargo luggage, differ. The delivery time is calculated from 24:00 on the day the cargo was accepted for transportation, and if the cargo was accepted for transportation earlier than the scheduled day of loading, then from 24:00 on the day on which the cargo should be loaded. The cargo is considered delivered on time if at the destination station it is unloaded by means of the railway or if the wagon (container) is submitted for unloading by means of the consignee before the expiration of due date delivery. In the event of a delay in the delivery of a wagon (container) for unloading for reasons depending on the recipient, the cargo is considered delivered on time if it arrived at the destination station before the expiration of the established delivery time (Article 57 of the Ukrainian Railways). Under various circumstances, the effective terms may be extended or shortened.

If there is no recipient in the area of ​​the destination station, the road arrives with the cargo at the direction of the sender. If no instructions are received from him before the expiration of the established storage period for the cargo, the latter, as unclaimed, is transferred for sale in the prescribed manner. The proceeds, minus the amount due to the railway, are transferred to the recipient when he pays the cost of the goods and to the sender in other cases.

Transportation by inland water transport.

The system of documents, their legal significance and the procedure for concluding a contract for the carriage of goods in inland waterway transport are close to those used in railway transport. Similarly, the issues of fulfillment by the parties of obligations under the contract are resolved. The main difference between them is the following. First of all, for river transportation, the terms for accepting goods for transportation are established. If the cargo is addressed to a point where the shipping company does not have premises suitable for storing this cargo, and the consignee did not appear for it by the time the cargo arrived, although it was notified in a timely manner, the cargo can be delivered by the shipping company at the expense of the consignee to the nearest point where there are necessary warehouses. In the absence of such an opportunity, the shipping company is obliged to notify the consignor of the absence of the consignee and require instructions from the consignor on how to deal with the cargo. During the time the vessel is waiting for unloading and receiving cargo, as well as while waiting for the sender’s order, it is charged a fine for demurrage of the vessel, and in case of delivery of cargo to another point, the costs of unloading, fees for storing cargo at the point of forced unloading, as well as additional transportation and sale of cargo (Article 99 of the Charter of Inland Water Transport).

Sea transportation.

Maritime transportation is traditionally regulated by dispositive rules, and therefore the contract acquires special significance here. The carrier is usually a shipping company (sometimes a port). A contract for the carriage of goods by sea may be concluded:

a) subject to the provision for transportation of the entire ship, part of it or certain ship spaces (holds);

b) without such a condition.

In the first case, a ship charter agreement or charter is concluded, by virtue of which one party (charterer, shipowner) undertakes to provide the other party (charterer, shipper) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and luggage (Article 787 of the Civil Code of the Russian Federation). In the second case, the contract is drawn up by a bill of lading.

The charter is used for the transportation of large consignments or bulk cargo, and the bill of lading is used for transportation of small volumes. The bill of lading is drawn up by the carrier on the basis of shipping documents, signed by the ship's captain and issued to the shipper. It is a strictly formal security, the disposal of which means the transfer of goods. This is the difference between a bill of lading and a waybill: it does not just accompany the cargo, but is a document of title. A bill of lading as a security can be registered, order and bearer. The details of the bill of lading are divided into mandatory (they are listed in the law) and optional, which are included by agreement of the parties. Among the mandatory 124 of the Maritime Navigation Code refers:

a) the name of the ship, if the cargo is accepted for carriage;

b) the name of the carrier;

c) the place of acceptance or loading of cargo;

d) the name of the sender;

e) the place of destination of the cargo, and in the presence of a charter, the place of destination or direction of the vessel;

f) the name of the recipient in the registered bill of lading or the person to whose order the bill of lading was issued (order bill of lading), or indications of the bearer nature of the bill of lading;

g) name and characteristics of the cargo;

h) the amount of remuneration of the carrier (freight);

i) time and place of issue of the bill of lading;

j) the number of copies of the bill of lading;

k) captain's signature.

A document that does not contain at least one of the named conditions is not considered a bill of lading. The bill of lading is usually drawn up in two copies, one of which remains with the carrier and follows with the cargo, and the other is issued to the sender and serves as the basis for receiving the cargo, as well as payments under the contract with its recipient. At the request of the sender, he may be issued several copies of the bill of lading of identical content with a note on their number. After the issuance of the cargo for one of them, the rest become invalid.

The conclusion of a contract of carriage by sea is closely related to the choice of standard (basic) terms of contracts of sale, which establish the method and place of delivery, and distribute the obligations to pay the carriage fee, insurance premiums, and also distribute the risks associated with the goods. They are collected in special international rules for the interpretation of trade terms (Incoterms).

Charter is a consensual type of contract of carriage. Since its conclusion does not testify to the acceptance of the cargo for transportation and does not make it possible to dispose of it, a bill of lading may also be issued for charter transportation. In this case, the relationship between the charterer and the charterer is determined by the charter, and between the carrier (charterer) and the recipient - by the bill of lading, unless otherwise stipulated in it with reference to the charter.

A time charter contract differs from a charter. It is used both in the transportation of goods and passengers, and to achieve other goals (conducting scientific expeditions, exploiting marine resources, conducting excursions and walks, etc.), as expressly stated in Art. 178 of the Merchant Shipping Code (KTM). By its nature, a time charter is a vehicle rental agreement, which has been described above.

The carriage charge (freight) is determined by agreement of the parties to the contract of carriage by sea, and in some cases - according to the tariff. In cases where the transfer of payments to the recipient is allowed (Article 154 of the KTM), the cargo is issued to the latter, subject to the presentation of a document confirming the transfer of the relevant amounts.

The terms of delivery of goods are established in a regulatory manner and by agreement of the parties. If they are not specified, the carrier is considered to have fulfilled his obligation in respect of the time limit, provided that, after loading, the ship immediately set sail and moved at its usual speed, in the usual way used by merchant ships for similar shipments. Deviations in transit in order to save human lives, ships and cargo at sea, as well as any other reasonable deviation, if it is not caused by incorrect actions of the carrier, are not considered a violation of the contract (Article 150 of the CTM).

Upon the arrival of the cargo at the port of destination, the shipping company (port) is obliged to send a notice (notice) to the recipient no later than 12:00 the next day, even if the cargo arrived before the expiration of the delivery time. If this obligation is violated, the shipping company loses the right to charge for the storage of cargo during the days overdue. If it is impossible to deliver the notice to the recipient, the carrier shall notify the sender thereof.

The consignee is obliged to accept and take out the cargo to his address within the established time limits. In case of non-appearance of the recipient or his refusal to accept the cargo, the latter is handed over by the captain of the vessel for storage in a warehouse or other safe place and is stored for 2 months from the date of arrival of the vessel at the port of unloading. If the sender fails to pay all the amounts due to the carrier for this transportation, the cargo is sold in the prescribed manner (Article 157 of the CTM).

The KTM, in an exception to the general rule on the inadmissibility of unilateral refusal to perform the contract, lists the conditions under which the contract of carriage can be terminated by one party with payment or even without payment of remuneration to the other party (Articles 143-145 of the KTM). Under certain circumstances, the contract of carriage is generally terminated without the refusal of the parties and without the obligation to pay remuneration to each other (Article 147 of the KTM).

Air transportation.

The contract is drawn up by a consignment note, which is drawn up by the sender. He is responsible for the correctness and completeness of the information provided to the carrier in the consignment note. Along with conventional air transportation, an air charter agreement is actively used, in which the charterer provides the charterer with one or more aircraft (their parts) for air transportation of cargo or passengers and baggage for one or more flights (Article 104 of the Air Code of the Russian Federation). The nature of such an agreement is similar to a maritime charter and is determined by Art. 787 of the Civil Code of the Russian Federation.

The freight charge is calculated according to tariffs or by agreement of the parties in the manner prescribed by Art. 790 of the Civil Code of the Russian Federation. It is charged for the distance along the shortest transportation route in accordance with the current schedule or the distance specified by the contract. The delivery time of the cargo is determined by the contract of carriage and the rules of air transportation (aircraft schedule). The sender has the right to receive back the cargo handed over for air transportation, change it in the consignee's waybill before the delivery of the cargo to the authorized person, as well as dispose of the unclaimed cargo. In case of interruption or termination of flights, the carrier is obliged to notify the consignor and consignee of this. The carrier is obliged to inform the recipient about the time of dispatch of the cargo to the airport of destination or about its location, if the delivery time has expired.

The cargo is usually released to the recipient at the warehouse of the destination airport. The consignee has the right to refuse to accept the damaged or spoiled cargo if it is established that the quality of the cargo has changed so much that the possibility of its full or partial use in accordance with its original purpose is excluded. If the recipient did not claim the goods within the period established by the rules of carriage or the contract, or refused to accept it, the carrier must notify the sender. At the same time, he leaves the goods with himself at the expense of the sender and at his risk. Cargo that is not received within the terms of storage established by the rules and the contract of carriage is considered unclaimed and subject to sale.

Automobile transportation.

According to the road transportation agreement, road transport is also divided into centralized and decentralized. In case of centralized transportation, the motor transport organization concludes an agreement with the sender, at the direction of which the goods are delivered to the recipients. With decentralized transportation, a motor transport organization enters into an agreement with each of the recipients, on whose instructions it delivers goods to them. For road transportation, the condition of the contract is typical about who will forward the goods - the sender or the recipient.

The delivery of goods for transportation is issued by waybill, which is a form of contract and performs the same functions as the railway waybill. Transportation of homogeneous goods from one sender to the address of one recipient over the same distance can be issued by a weighing report in total for the entire volume of transportation performed by the car during the shift. The use of a car with payment for its work at a time-based rate is usually documented by the sender's (receiver's) records in the waybill.

The payment for transportation is determined by agreement of the parties to the contract on tariffs or in another established way. All payments for transportation are made by customers of vehicles, which can be both senders and recipients. For the exceptions specified in the law, the freight charge must be paid before the delivery of the cargo for transportation. Otherwise, motor transport enterprises do not accept cargo for transportation (Article 103 UAT).

The terms of delivery of goods are set only for transportation in international traffic and are calculated from 24 hours on the day of receipt of goods and payment, and for urgent orders - from the moment of acceptance of the goods and payment of the cost of transportation.

Carriage of goods should be carried out along the shortest distance open for traffic by road, except in cases where, due to road conditions, transportation with an increase in mileage is more rational. Under these conditions, the trucking company must notify the customer about the increase in the distance of transportation.

The delivery of the cargo is carried out at the consignee's warehouse or at another place specified in the transportation order. The obligation of the recipient to claim the goods in his address is based on the law. He may refuse to accept the cargo only if the quality of the cargo has changed so much as a result of deterioration or damage for which the motor transport company is responsible that the possibility of full or partial use of the cargo for its intended purpose is excluded. The recipient must indicate the reason for the refusal on the invoice (Article 72 UAT).

2. Contract for the carriage of goods:

The contract for the carriage of goods is concluded by the transport organization and the consignor (cargo owner). If, after delivery to the destination, the goods are subject to release to the sender himself, then the circle of participants in the obligation of carriage is limited to this. Most often, however, a third party is indicated as the consignee, which is the counterparty of the sender under the contract (purchase and sale, etc.). He must be given the goods at the destination.

The contract for the carriage of goods is defined as an agreement by virtue of which the carrier undertakes to deliver the goods entrusted to him by the sender to the point of destination and issue it to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods (Article 785 of the Civil Code of the Russian Federation).

It follows from the definition that the contract for the carriage of goods is mutual and paid. It is considered concluded only after the transfer of the goods to the carrier and, therefore, is among the real contracts. Only in maritime transport, the contract of carriage, referred to as a charter contract or charter, is consensual. The contract for the carriage of goods is a strictly formal contract. It is always concluded in writing, and often in compliance with the obligatory details that are established by law.

As a rule, the contract of carriage is of a public nature (Articles 789, 426 of the Civil Code of the Russian Federation, Article 20 of the Law on Federal Railway Transport). However, in order to recognize the contract of freight transportation as public, a number of conditions must be met. Firstly, a specialized commercial organization carrying out transportation by public transport should act as a carrier. Secondly, in accordance with the transport legislation or license, this organization should be endowed with the functions of a public carrier, obliged to carry out transportation at the request of anyone who applies. Thirdly, this organization should be included in a special list of persons obliged to carry out transportation by public transport, which is subject to mandatory publication.

To conclude an agreement, the system of a single document provided for in paragraph 2 of Art. 785 of the Civil Code of the Russian Federation. Filling out and issuing such a document is of great evidentiary value. Depending on this document, which serves to arrange transportation, the following are distinguished:

ü consignment note system used in almost all modes of transport;

ü bill of lading system;

ü charter system, usually used in maritime transport.

In some cases, the systems can be combined.

The procedure for concluding a contract of carriage depends on its nature. The conclusion of a real contract is timed to coincide with the delivery of the cargo to the carrier along with the accompanying documents. Such transportation is formalized by a consensual charter agreement and is concluded in general order provided for civil law contracts.

Freight transportation contracts are subdivided according to the types of transport into railway, road, inland waterway, sea and air transportation contracts. On a territorial basis, they are divided into domestic and international. Depending on the number of transport organizations involved in the transportation of goods, transportation contracts are distinguished in local, direct and direct mixed traffic. Local is the transportation carried out by one transport organization within the territorial boundaries of its activities (for example, rail transportation from St. Petersburg to Moscow within the Oktyabrskaya railway). Transportation, in which several transport organizations of the same type of transport participate under one transport document, is called direct transportation (for example, rail transportation from St. Petersburg to Nizhny Novgorod). Direct mixed transportation is recognized as transportation in which at least two modes of transport participate, carrying out transportation according to a single document drawn up for the entire route (for example, transportation of goods from St. . The procedure for the implementation of such transportation is determined by agreements between organizations of various modes of transport, which must be concluded on the basis of a special law on direct mixed (combined) transportation (Article 788 of the Civil Code of the Russian Federation). In this case, enterprises of various types of transport conclude agreements on the organization of work to ensure the transportation of goods (nodal agreements, contracts for centralized import and export of goods, etc.) in the manner established by transport legislation (Article 799 of the Civil Code of the Russian Federation). If the cargo follows from St. Petersburg to Moscow according to the railway bill of lading, and from Moscow to Volgograd according to a new shipping document issued by the sender after receiving the cargo from the railway, the usual multimodal transportation (co-transportation) is on the face. It includes two contracts of carriage - by rail and by water.

2.2 Subjects of obligation for freight transportation. Legal status of the consignee

The subjects of the obligation, first of all, are the carrier and the consignor. Consignors of goods can be any subjects of civil law. On the contrary, only a commercial organization or an individual entrepreneur entitled to carry out cargo transportation by law or on the basis of a license can be a carrier. Those persons who, although they have a license for transport activities, are not carriers, but carry out the movement of goods for their own needs.

The contract is usually concluded with the transport organization of the point of departure of the goods. If the carriage is carried out within the scope of the transport organization that concluded the contract, it is the subject of the contract on the side of the carrier. In direct transportation by one mode of transport or direct multimodal transportation, a mandatory legal relationship arises with a plurality of co-carriers, each of them, accepting cargo from the previous organization, fulfills its obligation to transport on the corresponding section of the cargo movement, arising from the contract that was concluded by the first transport organization . When concluding a contract of carriage, the transport organization of the point of departure acts both on its own behalf and on behalf of all other persons participating in the performance of the obligation of carriage as their representative. Representation in this form is based on the indication of the law (as is the case in railway transport) or on agreements between transport organizations. Co-carriers become subjects of legal relations for transportation, and the sender agrees to their participation in the contract by signing the consignment note, which indicates the route and the point of transshipment. Finally, in certain cases the only carrier is the combined transport operator. Then the multiplicity of persons on the side of the carrier does not arise.

The consignee, who does not coincide with the sender and does not participate in the conclusion of the contract of carriage, nevertheless acquires rights and bears certain obligations to the carrier. In such cases, the consignee acts as a special subject of the transportation obligation - a third party in whose favor the contract is concluded. It cannot be considered either as an independent (third) party to the contract of carriage, or as one party with the sender, or as a person accepting performance for the sender. Thus, a contract for the carriage of goods is a contract in favor of a third party.

The subject of the contract of carriage is services for the delivery of material assets (cargo) entrusted to the carrier to the destination. These services include not only the actual transportation of goods, but also other actions, in particular, storage, delivery of goods to the recipient, often loading and unloading. Each of these actions, taken separately, resembles the subject matter of other civil law contracts. Thus, the provision of services for the transportation of goods, as well as the performance of loading and unloading operations, brings the contract of carriage closer to contracts for work and paid services. Since the vehicles during the loading period are actually used in the interests of the clientele, there is a similarity of transportation with a lease agreement. The obligation of the carrier to ensure the storage of goods indicates the presence of elements characteristic of storage. The issuance of cargo by the transport organization to the recipient at the direction of the sender resembles the action of an attorney (agent) under an agency agreement. However, both loading and unloading of cargo, and its storage and delivery only accompany the purpose of the contract of carriage. The legal nature of any contract is determined by its main purpose, and not by the moments accompanying it. Such a purpose in the contract of carriage is the transportation and delivery of goods to their destinations. The fulfillment of all these actions is only a condition for the proper fulfillment of this obligation by the transport organization. It is she who determines the allocation of the contract of carriage in the system of obligations as an independent one.

The term in the obligation of carriage is the period of time during which the goods must be delivered to the destination. In accordance with Art. 792 of the Civil Code, the carrier is obliged to deliver the goods to the destination within the time limits specified by the transport legislation, and in the absence of such terms - within a reasonable time. In a number of cases, in road and sea transportation, the delivery time is determined by agreement of the parties, and in its absence, by the usually accepted timeframes (the timeframes that it is reasonable to require from a caring carrier, taking into account specific circumstances - Art. 152 KTM). In the case of direct multimodal transportation, the delivery times are determined by the totality of the times calculated on the basis of the rules in force for the respective modes of transport. The delivery time is observed if at the point of destination the cargo is unloaded by the means of the carrier or the wagons (vessels) are submitted for unloading by the means of the recipient before the expiration of the established (agreed) delivery time. This takes into account the special circumstances that caused the delay in the delivery of goods. For example, a delay in delivery is not considered a delay in the delivery of goods that followed in a direct mixed railway-water traffic and remained in ports or piers after the closure of navigation.

The content of the contract for the carriage of goods is the rights and obligations of the parties. Loading and unloading of cargo is carried out by a transport organization or a sender (recipient) in the manner prescribed by the contract, in compliance with the rules of transport legislation (clause 2 of article 791 of the Civil Code). Responsibilities for loading and unloading are distributed among the parties to the obligation of carriage, depending on the place of loading. Transport organizations independently carry out loading and unloading in public places. In other places (warehouses, berths, etc.), loading and unloading operations are carried out respectively by the sender and the recipient at their expense. The transport organization can take over the performance of these works under special agreements with the clientele. Auxiliary materials or special devices necessary for loading and unloading are provided by the consignor, unless otherwise provided by the rules of transportation or by agreement of the parties. The transport organization is usually not responsible for the non-safety of the cargo if its loss (damage, spoilage) occurred due to circumstances related to the actions of the consignor for loading. Only in maritime transport, the carrier is responsible in all cases for the correct placement, securing and separation of goods on the ship.

Loading and unloading, carried out by the forces and means of the sender (recipient) of the cargo, must be carried out within the time period stipulated by the contract, if such time periods are not established by transport charters, codes and rules issued in accordance with them (clause 3 of article 791 of the Civil Code). In most of the existing transport acts and rules, standard unloading periods are established. In maritime transport, the duration of the terms of loading and unloading, called lay time (stay), is determined by agreement of the parties, and even more often - by the terms adopted in the respective ports (Article 130 of the KTM). The Parties may establish an additional waiting period for the vessel under cargo operations - counter lay time (counter lay). For demurrage of the vessel during this period, a special fee is also established - demurrage (Article 132 of the KTM). If the cargo operations are not completed even during the counter lay time, the carrier may send the vessel to sea, even though the loading of the vessel has not been completed. At the same time, he retains the right to full remuneration (Article 136 of the KTM).

If the loading or unloading is not completed within the established timeframe, a demurrage of means of transport occurs, for which a fine is collected from the sender or recipient. In case of early loading (unloading), on the contrary, a premium is paid to the consignor (consignee) (for sea transportation - dispatch). In order to prevent access to the cargo and ensure its safety during transportation, separate premises and containers (holds, covered wagons, tanks, etc.) must be sealed.

Making a carriage charge (freight on sea transport) and other payments is the most important responsibility of the consignor. Its size is established by agreement of the parties, unless otherwise provided by transport legislation (Article 790 of the Civil Code). Such an exception is made in relation to public transport, where the carriage charge takes the form of a fixed tariff, approved in the manner prescribed by transport charters and codes. The amount of this tariff is determined by federal executive bodies and governing bodies of the constituent entities of the Russian Federation.

The freight charge must normally be paid by the consignor at the conclusion of the contract of carriage. It is also allowed to transfer the payment obligation to the recipient (see, for example, Art. 163 KTM). The distribution of payment obligations also depends on the terms of the contract concluded between the sender and the recipient. They can determine in different ways the moment of transfer of payment obligations in transportation from one party to another, depending on the conditions for the transfer of goods (from the factory, from the sender's warehouse, from the departure station, from the destination station, at the recipient's warehouse). In addition to the carriage fee, the sender is obliged to pay for additional services rendered to him (for example, for weighing, for storing cargo). They are paid by agreement of the parties.

The carrier has the right to retain cargo (Articles 359, 360 of the Civil Code, Article 95 of the UVVT, Article 160 of the KTM, etc.) in order to ensure the carriage and other payments due to him. However, the right of retention may be weakened or revoked by law, other legal acts, an agreement, or not applied due to its inconsistency with the essence of the obligation that has arisen.

Delivery of cargo is the main responsibility of the carrier. Its execution requires not only compliance with the delivery time, but also ensuring the safety of the transported cargo. The carrier is responsible for the safety of the cargo from the moment it is accepted for transportation until it is delivered to the recipient. He is obliged to take all possible and depending on him measures to ensure the safety of the cargo. After acceptance for transportation, the cargo is stored at the point of departure, as well as during transportation free of charge. The storage fee is charged if the cargo is delivered before the date of its acceptance for transportation. After the cargo arrives at its destination, it is stored free of charge for the time established by the rules or by agreement of the parties, and then for a fee.

When transporting goods in direct mixed traffic, the carrier is also obliged to transfer the goods to another mode of transport (transshipment). The procedure for transferring cargo, performing loading and unloading operations and other working conditions in this case are determined by contracts of transport organizations (nodal agreements, etc.).

In the course of transportation, the contract may undergo two types of changes. Firstly, the consignor has the right to change the consignee specified in the consignment note without changing the point (station, port) of destination. Secondly, it is allowed to change the destination of the cargo, i.e. its redirection. An application for redirection of cargo can be submitted by the consignor, consignee, as well as other persons duly authorized to do so. Forwarding is permitted only with the consent of the carrier. Carriage of goods after forwarding is drawn up by a new waybill drawn up by the forwarding station (port, pier). The delivery time of the goods is subject to change. The organization, at the request of which the change in the consignee or station (port) of destination of the cargo, is responsible to the original addressee for the consequences of these changes and is obliged to settle the settlements between the sender, the original addressee and the actual recipient of the cargo (Art. 92-93 UVVT, Art. 38-39 TUJD.

The performance of operations for the issuance and acceptance of goods completes the execution of the contract of carriage. The cargo arrived at the recipient's address must be accepted by the recipient, and, in appropriate cases, also taken out of the station (port, pier). Such an obligation lies with the consignee even when a cargo not ordered by him has arrived at his address. In this case, the cargo is accepted for safekeeping and its further fate is determined by the sender. The recipient has the right to refuse to receive the cargo only on condition that the quality of the cargo has changed so much due to damage or damage that the possibility of its full or partial use is excluded (Article 42 of the TCAR, Article 96 of the UVVT, Article 111 of the VC, Article 72 of the UAT) .

The receipt of the cargo must be duly documented, which is covered by the concept of releasing documents or redemption of the cargo and is certified accordingly on the waybill (bill of lading). To fulfill this obligation, the recipient must be notified of the arrival of the goods in the manner and within the time limits established for the respective mode of transport. Only when road transport, which ensure the delivery of cargo directly to the recipient's warehouse, it is not always necessary to notify the latter of the arrival of the cargo. Violation of this obligation by the carrier deprives him of the right to collect from the consignee a fee for excess storage of cargo and demurrage of vehicles. In the cases provided for by law, the recipient has the right to demand verification of the quantity, weight and condition of the arrived cargo. Circumstances identified during the inspection that may serve as a basis for the carrier's liability must be certified by a commercial act, a general form act, and entries in the shipping documents.

The consignee is obliged to accept (take out) the cargo within the established time limits. In case of violation of this condition, he must pay a fee for the storage of cargo, which can be increased several times if he is at fault (Article 43 of the TARR, Article 98 of the UVVT). In addition, the delay of the creditor-recipient in this case relieves the carrier of liability for damage to the cargo caused by its untimely acceptance. Upon the expiration of the established storage period, the cargo as unclaimed is subject to sale in the prescribed manner. Undocumented goods are also subject to sale, i.e. goods that arrived without accompanying documents.

2.3 Features of the carriage of goods in direct mixed traffic, combined transport

When transporting goods in direct mixed traffic, the carrier is obliged to transfer the goods to another mode of transport (transshipment). The procedure for transferring cargo, performing loading and unloading operations and other working conditions in this case are determined by contracts of transport organizations (nodal agreements, etc.).

In the course of transportation, the contract may undergo two types of changes. Firstly, the consignor has the right to change the consignee specified in the consignment note without changing the point (station, port) of destination. Secondly, it is allowed to change the destination of the cargo, i.e. its redirect. An application for redirection of cargo can be submitted by the consignor, consignee, as well as other persons duly authorized to do so. Forwarding is permitted with the consent of the carrier. Carriage of goods after forwarding is drawn up by a new waybill drawn up by the forwarding station (port, pier). The delivery time of the goods is subject to change. The organization, at the request of which the change in the consignee or station (port) of destination of the cargo, is responsible to the original addressee for the consequences of these changes and is obliged to settle the settlements between the sender, the original addressee and the actual recipient of the cargo (Articles 92-93 UVVT, Articles 59-61 UZhD).

The performance of operations for the issuance and acceptance of goods completes the execution of the contract of carriage. The cargo arrived at the recipient's address must be accepted by the recipient, and, in appropriate cases, also taken out of the station (port, pier). Such an obligation lies with the consignee even when a cargo not ordered by him has arrived at his address. In this case, the cargo is accepted for safekeeping and its further fate is determined by the sender. The recipient has the right to refuse to receive the cargo only on the condition that the quality of the cargo changes so much due to damage or damage that the possibility of its full or partial use is excluded (Articles 62-63 of the Ukrainian Railways, Article 96 of the UVVT, Art.IIIVK RF, art. 72 UAT).

The receipt of the cargo must be duly documented, which is covered by the concept of releasing documents or redemption of the cargo and is certified accordingly on the waybill (bill of lading). To fulfill this obligation, the recipient must be notified of the arrival of the cargo in the manner and within the time limits established for the respective mode of transport. Only in road transport, which ensures the delivery of goods directly to the warehouse of the recipient, it is not always necessary to notify the latter of the arrival of the goods. Violation of this obligation by the carrier deprives him of the right to collect from the consignee a fee for excess storage of cargo and demurrage of vehicles. In the cases provided for by law, the recipient has the right to demand verification of the quantity, weight and condition of the arrived cargo. Circumstances identified during the inspection that may serve as a basis for the carrier's liability must be certified by a commercial act, a general form act, and entries in the shipping documents. The consignee is obliged to accept (take out) the cargo within the established time limits. If this condition is violated, he must pay a fee for the storage of cargo, which can be increased several times if he is at fault (Article 52 of the Ukrainian Railways, Article 98 of the UVVT, Article 158 of the KTM). In addition, the delay of the creditor-recipient in this case relieves the carrier of liability for damage to the cargo caused by its untimely acceptance. Upon the expiration of the established storage period, the cargo as unclaimed is subject to sale in the prescribed manner. Undocumented goods are also subject to sale, i.e. goods arrived without accompanying documents.

2.4 Rights and obligations of participants in the obligation of freight transportation arising before the conclusion of the contract of carriage

The carrier is obliged to deliver the cargo entrusted to him by the sender safely and in a timely manner. Using this duty, he:

1. performs actions specifically aimed at ensuring the safety of cargo (for example, the railway protects cargo from theft), and also eliminates the causes that may lead to loss, damage, damage to cargo. For example, Art. 140 KTM provides for the right of the carrier to destroy flammable, explosive cargo if it becomes dangerous for other cargo;

2. complies with the conditions and mode of transportation of certain goods (for example, maintains the temperature regime in wagons when transporting perishable goods);

3. handles the cargo in accordance with the instructions of the consignor, made by applying special markings to the container;

4. apply techniques and methods of driving vehicles that ensure traffic safety and safety of goods. For example, an increase in the speed of transportation is not always justified: if, for example, an open rolling stock (in the back of a car, in a gondola car) transports sprayed cargo, this will inevitably lead to its losses;

5. delivers the goods on time. Terms are calculated in days, and for air transportation - in hours. Fulfilling the specified duty, the carrier delivers the goods along the shortest route. He can, if this does not threaten the safety of goods, increase the speed and deliver the goods ahead of schedule.

The obligation is recognized as fulfilled in a timely manner, when the carrier not only delivers to the destination point in due time, but also before the expiration of the delivery period performs additional actions provided for by transport legislation: unloads the goods with its own technical means or deliver wagons to the consignee's siding (Article 39 of the TCAR), notify the consignee of the arrival of the cargo at his address (Article 111 of the RF VC);

6. releases the cargo to the proper recipient, i.e. indicated on the bill of lading. The cargo is issued in the same order in which it was received from the sender. If the weight of the cargo is determined by the carrier jointly with the sender, then when the cargo is released, its weight is determined jointly. And vice versa, the cargo is released without checking the weight if, upon acceptance, the weight is determined by the sender without the participation of the carrier (for example, when loading with the sender's means on his access road).

The shipper is obliged to pay for the carriage and other services of the carrier. As a rule, carriage is paid before the goods are actually delivered to the recipient.

The consignor has the right to redirect the cargo, i.e. change the consignee specified in the bill of lading, provided that the goods have not yet been released to the recipient (article TRA, article 91 UVVT).

The consignee has the right to require the carrier to release the cargo to him in the prescribed manner (with and without checking the weight and condition of the cargo). At the same time, he is obliged to accept the cargo delivered to his address, and if it is handed over at the station, in the port (that is, if he has no access roads), to take the cargo out in due time.

The consignee may refuse to accept the cargo in the event that the quality of the cargo, for reasons dependent on the carrier, has changed so much that it excludes the possibility of its full or partial use for its intended purpose (Article 42 of the CURR, Article 96 of the UVVT, Article 72 of the UAT).

When carrying out urban and suburban transportation by road, the recipient may refuse to accept the goods even when caused by reasons beyond the control of the carrier (for example, due to an accident in the workshop). In this case, the cargo is redirected by the sender to another recipient and returned to the sender (Art. 72 UAT).

The recipient makes the final settlements with the carrier related to the transportation: he is obliged to pay for the transportation, if this has not been done by the sender before (Article 36 of the TRA, Art. 154 of the KTM).

3. Liability for violation of the obligation to transport goods:

3.1 Conditions and features of liability in the obligations of freight transportation

The property liability of participants in the obligation to transport goods is based on the general principles of liability in civil law (Chapter 25 of the Civil Code). In Art. 793 of the Civil Code provides that in case of non-fulfillment or improper fulfillment of transportation obligations, the parties shall be liable under this Code, transport charters and codes, as well as by agreement of the parties. At the same time, liability in transportation obligations also has significant specifics that distinguish it from ordinary liability for breach of obligations. First of all, it applies to cases limited liability narrowing the right to full damages in comparison with the general procedure. Restrictions may apply to lost profits and even to a portion of actual damages. In addition, such liability is largely unilateral-normative: agreements between carriers and cargo owners (senders and recipients) to limit or eliminate the carrier's statutory liability are invalid, except when such agreements are allowed by transport charters and codes (paragraph 2 of Art. 793 GK). Therefore, by agreement of the parties, the level of responsibility of the carrier, as well as other subjects of the cargo transportation obligation, can be increased. In transport charters and codes, the principles of liability were formulated more strictly: any agreements between carriers and clients that changed (reduced or increased) or even eliminated the liability of any party to the obligation were recognized as invalid (Article 179 UVVT, Art. 126 UAT). Thus, liability for violation of transportation obligations is now characteristic of:

a) restriction of the right to recover part of the damages;

b) prohibition to reduce or eliminate the carrier's regulatory liability;

c) the possibility of determining its size and limits by agreement of the parties in established cases.

3.2 Responsibility of the carrier for non-delivery of vehicles and the consignor for their non-use

A feature of liability for violation of obligations for the carriage of goods is also that it can occur not only for violation of an already concluded contract of carriage, but also for failure to take actions related to the organization of transportation. Such is the responsibility of the carrier for non-delivery of vehicles and the sender for their non-use (Article 794 of the Civil Code). It can arise both from a contractual basis (an accepted application, an agreement on the organization of transportation, a charter), and from other grounds that precede a contract of transportation (an administrative act for deliveries under a state contract). By its nature, such liability is civil law. It is distinguished by a formal character: paragraph 2 of Art. 794 sets indicative list circumstances under which the carrier or consignor is released from liability for non-delivery of vehicles and their non-use (failure to present cargo for transportation). These include:

b) termination or restriction of the carriage of goods in certain directions, which are established in the manner prescribed by the transport charter and code;

c) other cases provided for by transport charters and codes (cessation of production for a period of at least three days, delay by the consignor of ships under unloading and other cases specific to individual modes of transport).

The list of these circumstances in the Civil Code, charters and codes is regarded as exhaustive. All other circumstances that do not fall into it, even if their occurrence does not depend on the parties, do not relieve the sender and the carrier from liability for failure to take actions to organize transportation. This means that carriers and consignors are liable for non-delivery of vehicles and for their non-use, regardless of fault, on the basis of entrepreneurial risk.

3.3 Liability for violation of the contract for the carriage of goods (subjects, grounds, scope)

Liability under a contract of carriage is based on slightly different conditions. First of all, this concerns the liability of the carrier for the non-safety of the goods. The non-safety of the cargo can be manifested in its loss, shortage and damage (spoilage). Loss is understood as the impossibility of delivering the goods to the recipient within the established time limits (30 days after the expiration of the delivery period or at another time). Shortage (partial loss) means the presence of a difference in the weight or quantity of cargo accepted for transportation and handed over to the recipient under one waybill (bill of lading). Damage to the cargo is a discrepancy between the quality of the cargo arrived at the destination and its original quality indicated in the transport documents. In case of loss, shortage or damage, a document is usually drawn up on the non-preservation of the cargo (commercial act, general form act, etc.). If such a document is drawn up by the carrier alone without the participation of representatives of the cargo owner, it does not have a predetermined force and is evaluated by the court along with other documents and evidence in the case (paragraph 4 of article 796 of the Civil Code).

The general condition of the carrier's liability for loss, shortage or damage to cargo is fault, which is presumed. This shows a deviation from the general rules of responsibility of commercial organizations engaged in entrepreneurial activities (Article 401 of the Civil Code) and responding on the basis of risk. The carrier, however, is liable for the non-safety of the cargo after accepting it for transportation and before issuing it to the recipient (other authorized person), unless he proves that the loss, shortage or damage to the cargo occurred due to circumstances that he could not prevent and the elimination of which did not depend on him ( article 796 of the Civil Code). Thus, it is the carrier who must prove his innocence by referring to one of the named circumstances in order to be released from liability.

The exception is the rule of art. 167 KTM, by virtue of which, during sea transportation (except for cabotage), the carrier is not at all responsible for the failure of the cargo or delay in its delivery, if it proves that the loss (damage) of the cargo or delay in delivery occurred due to the actions and omissions of the captain, other persons of the ship's crew or a pilot in navigation or management of a ship (for a so-called navigational error), even when they are due to the guilty behavior of these persons. He is responsible only for the omissions of the indicated persons that occurred during the acceptance of cargo for transportation, its loading, placement on the ship, storage, unloading and delivery (for the so-called commercial error). In cabotage transportation, the carrier is generally responsible not only for commercial errors, but also for navigational errors (errors in navigation).

Establishing a presumption of the carrier's guilt does not mean that it is irrefutable. On the contrary, the transport legislation contains an approximate list of the most typical cases when the carrier can exonerate himself from liability by proving his innocence. In addition to the fault of the sender or recipient, such circumstances include:

a) special natural properties of the cargo that caused the loss of its consumer properties;

b) defects in tare or packaging that could not be seen from the outside when the goods were accepted for transportation;

c) delivery of cargo for transportation without specifying in the consignment note its special properties that require special conditions or precautions to preserve the cargo during transportation or storage;

d) delivery for transportation of cargo, the humidity of which exceeds the established norm, etc. (art. 108 TUZhD, art. 191 UVVT, etc.);

e) in other cases (Article 166 of the CTM).

In this case, the fault of the sender or recipient (customer) can serve as a basis both for the complete release of the carrier from liability, and for the application of mixed liability.

The current legislation also provides for cases where the carrier can be released from liability for loss, shortage or damage to cargo by simply referring to one of the circumstances established by law (Article 109 TCOR, Art. 192, 193 UVVT, Art. 168 KTM), and the burden of proof the fault of the carrier is directly assigned to the cargo owner. These include, in particular:

a) arrival of cargo in a serviceable vehicle with serviceable locking and sealing devices of the sender or other means of fixing the safety of cargo installed by him;

b) arrival of the cargo accompanied by a representative (guard, forwarder) of the sender or recipient;

c) unreliability, inaccuracy or incompleteness of the information specified in the transportation document;

d) natural causes associated with the transportation of goods in an open place (for example, in an open train);

e) natural loss of cargo within the normal range.

3.4 The procedure for filing claims and lawsuits under a freight transportation agreement

The specificity of the consideration of disputes on freight transportation is the presence of a special claim procedure. Prior to filing a claim against the carrier arising from the carriage of goods, it is mandatory to file a claim with him in the manner prescribed by the transport charter or code (Article 797 of the Civil Code). A claim is a written demand addressed to the carrier for the payment of a fine or for damages in connection with the improper performance of an obligation to carry. Only if the claim is rejected (in whole or in part) or if a response to it is not received within the specified period, a claim can be filed. If the claim has not been filed, the plaintiff is deprived of the right to claim.

The right to file a claim belongs to:

a) to the sender - if the carrier fails to fulfill the obligation to submit vehicles;

b) to the sender and the recipient - in case of complete loss of the cargo, depending on which of them presented the documents for the cargo (cargo receipt, bill of lading); c) to the recipient - in case of shortage, damage or damage to the cargo, as well as in case of delay in its delivery against the waybill or bill of lading;

d) to the sender or recipient - when enumerating cargo payments, depending on which of them will present the waybill (bill of lading).

The transfer of the right to make a claim to others is, in principle, not allowed, except in cases where such a right is transferred by the sender to the recipient and vice versa, as well as by any of them to the freight forwarder or insurer.

A claim with the necessary documents attached must be submitted in the manner prescribed by transport charters and codes. In case of partial or complete refusal of the carrier to satisfy the claim or in case of non-receipt of a response from him within thirty days (in air transport - 45 days) period, the consignor or consignee may bring a claim against the carrier. The limitation period in any relationship for the carriage of goods is one year from the moment determined in accordance with the transport charters and codes.

4. Transportation of passengers and luggage

Transportation of passengers. One of the tasks of transport is to move passengers and their luggage. The relations that arise in this case are formalized by an agreement, by virtue of which one party (carrier) undertakes to transport the passenger to the specified destination, and the other party (passenger) undertakes to pay the established fare for travel (Article 786 of the Civil Code).

The contract for the carriage of a passenger is mutual, paid and consensual, which distinguishes it from a contract for the carriage of goods. In addition, the contract for the carriage of passengers by public transport is public. The carriage of passengers is regulated in the general form of the Civil Code, transport charters and codes, as well as current Rules provision of passenger transportation services. Since a citizen-consumer (passenger) is a party to this agreement, this type of transportation is subject to the Law on the Protection of Consumer Rights and other legal acts.

The contract is formalized by the issuance of a ticket to the passenger, which specifies all the essential terms of the contract. The form of the ticket is established in the manner prescribed by transport charters and codes. On certain types of urban transport (for example, the metro), the contract may be concluded by the implicit actions of the passenger without issuing a ticket (when passing through the metro turnstiles and making a payment with a magnetic card or a token). On all modes of transport (with the exception of air and rail on long-distance trains), travel tickets are bearer documents: the transport organization is obliged to fulfill the contract of carriage in respect of any passenger who presents a ticket or its equivalent upon boarding. However, after the start of transportation, the transfer of the ticket is not allowed. The lost ticket is not restored, and the fare paid on it is not refundable.

Contracts for the carriage of passengers can be one-time (for a single trip) and long-term. The latter are used for transportation by urban and suburban transport and are concluded by purchasing a subscription ticket. One-time contracts can be concluded for travel in one, and sometimes in the opposite direction (round trip) and have a fixed period of validity (expiry date), within which the passenger has the right to make stops along the way, i.e., to interrupt the carriage. In some cases, the validity of the ticket may be extended. At the same time, if the ticket was not used for a valid reason (for example, due to illness of the passenger), the carrier is obliged, and in other cases has the right to extend the validity of the ticket.

The freight charge, being the price of the contract, on public transport is determined by tariffs, and in other cases - by agreement of the parties (Article 790 of the Civil Code). Tariffs for transportation are set by federal and local (for urban and suburban transport) executive authorities. Tariffs depend on the type of transportation, its distance, the kind (type) of vehicles and the category (class) of the place occupied in them. There are general and reduced fares for some passengers. In cases established by law, a passenger may generally be exempted from making a carriage charge (pensioners in public transport, etc.). The costs incurred in connection with this are reimbursed to the transport organization at the expense of the relevant budget. The freight charge is paid at the conclusion of the contract. The exception is transportation in non-route taxis, payments for transportation in which are made after its completion.

The main obligation of the passenger is the payment of carriage charges. The purchase of a ticket means the fulfillment of this obligation, if the passenger is not granted the right to travel free of charge. The passenger is obliged to keep the ticket until the end of the trip and present it on the way at the first request of officials authorized to check travel documents. A passenger found on a train (on a ship, in an airplane) without a ticket or with a ticket that does not give the right to travel on this train (on a ship in an airplane) is obliged to pay a fine in the prescribed amount and, in addition, the fare to the nearest station ( port). Then he either purchases a ticket for further travel, or is removed from the train (removed from the flight). Passengers are required to comply with the established rules of transportation.

The rights that belong to the passenger are different and may be related to:

a) conclusion and execution of the contract of carriage;

b) a change in the originally concluded contract and

c) refusal to comply with it.

In their most general form, they are indicated in Art. 786 of the Civil Code and specified in transport charters and codes. In addition, the list of these rights is not limited to the transport legislation. A passenger acting as a consumer also has other rights arising from the Law on the Protection of Consumer Rights (Chapter III).

First of all, the passenger has the right to take a seat in accordance with the ticket. If the passenger is not provided with a seat according to the ticket, the carrier is obliged to provide him with a seat of at least a higher category without charging an additional charge. If the passenger agrees to take a seat of lesser value, the difference is returned to him. If the passenger refuses the replacement offered to him, the carrier refunds the fare. In addition, the passenger has the right to carry with him one child under the age of 5 years free of charge (by air and sea transport - up to 2 years, and in public transport - up to 7 years), if he does not occupy a separate seat. Other children traveling with the passenger are transported on children's tickets with a separate seat. The passenger also has the right to carry with him things (hand luggage) free of charge within the established weight norms. Above these limits, hand luggage can be carried as baggage for a fee. The passenger has the right to make one stop on the way, having warned the carrier about it, with the extension of the ticket validity for the set time, and in case of illness - for the duration of the illness (if there is a certificate from the medical institution).

a) take a free seat in a carriage (cabin) of a higher category on the way with an additional payment of the difference in the fare;

b) leave (fly) by train (ship, plane) departing earlier than the one for which the ticket was taken, making the necessary mark on it at the station (station) ticket office. Finally, the passenger has the right to withdraw from the contract before the start of carriage or en route. Refusal can be forced (illness, flight delay, etc.) and voluntary. In the event of a forced cancellation, the passenger will be refunded the money for the unused ticket in whole or in part. The consequences of a voluntary refusal depend on the time of the refusal. The part of the fare returned to the passenger is inversely proportional to the amount of time left before the departure of the vehicle. It is defined in transport charters and codes.

In the event of termination of the contract en route, the passenger will be refunded the fare for the distance not covered. In all cases of return of travel documents, the established fee is collected from the passenger. So, if a train is late for 3 hours, and due to illness or an accident - within 3 days from the moment of departure of the train for which the ticket was purchased, the passenger has the right to renew, subject to additional payment of the cost of a sleeping place (reserved seat), travel documents for another train or get back the fare minus the cost of the reserved seat (art. 92 TRA).

The carrier is obliged to deliver the passenger to the destination within the time limits specified by the transport legislation. These terms are fixed in the schedules of movement of vehicles (flights) approved by the carrier. The carrier is responsible for the delay in the departure of the passenger, as well as for the delay in the arrival of the vehicle carrying the passenger at the destination (except for urban and suburban traffic). The liability of the carrier comes in the presence of his fault and consists in paying a penalty (fine) in the amount established by the transport charter or code (Article 795 of the Civil Code). The fault of the carrier in such a delay is presumed: he is responsible, unless he proves that the delay or delay occurred due to force majeure, the elimination of a malfunction of vehicles that threatens the life or health of a citizen, or other circumstances beyond the control of the carrier. In addition, if the passenger refuses transportation due to a delay in the departure of the vehicle, the carrier returns the carriage fee to the passenger.

The liability of the carrier for causing harm to the life and health of a passenger is determined not by the rules on the contract of carriage, but by the rules of tort law (Chapter 59 of the Civil Code). In this case, the carrier is responsible for causing harm to the life and health of a passenger (including a stowaway), acting as the owner of a source of increased danger (Article 1079 of the Civil Code). The rules on extra-contractual liability of the owner of a source of increased danger are more stringent. In addition, the law or the contract of carriage may provide for increased liability of the carrier (Article 800 of the Civil Code).

Transportation of luggage. Baggage is things and other material values ​​that are sent by a passenger for personal household purposes for a fee on the basis of a travel document (ticket) of a passenger and are transported together with him in a baggage car (Article 2 of the Law on Federal Railway Transport) or in another baggage room. Under the baggage carriage agreement, the carrier undertakes to deliver the baggage entrusted to him by the passenger to the specified destination and issue it to the person authorized to receive the baggage, and the passenger undertakes to pay the established fee for the carriage of baggage (Article 786 of the Civil Code). The contract for the carriage of baggage is mutually compensated, but unlike the contract for the carriage of a passenger, it is always real, since it is considered concluded at the time the baggage is handed over for transportation. Like the contract for the carriage of a passenger, the contract for the carriage of luggage by public transport is public, and consumer protection legislation applies to relations related to such carriage.

The obligation to carry luggage for a transport organization arises from the contract for the carriage of passengers, but it is formalized by an additional agreement to it. Therefore, luggage is accepted for transportation only upon presentation of a travel ticket. It can be returned both at the point of departure and on the way (by rail and some other modes of transport). Termination of the contract for the carriage of baggage is permissible before the expiration of the contract for the carriage of a passenger and does not affect the operation of the latter. Just as the contract for the carriage of a passenger is of a personal nature, so the contract for the carriage of baggage is concluded only with the person who owns the right to travel on the ticket presented at the time of checking in the baggage.

The carriage of baggage is formalized by the issuance of a baggage receipt to the passenger (clause 2 of article 786 of the Civil Code), according to which baggage is subsequently issued, and a mark (stamp, etc.) is put on the ticket. Unlike the consignment note, the baggage receipt is usually a bearer document, so the right to receive baggage belongs to any holder of the receipt. Only such things and objects are usually accepted for carriage as baggage, which, due to their size, packaging and properties, can be easily loaded and placed in the luggage compartment of the vehicle and will not harm the latter, as well as the luggage of other passengers. Some things (for example, explosive, dangerous, flammable, etc. substances) are not accepted for carriage as baggage at all. The carrier has the right to demand that the luggage be opened to check its contents. If items prohibited for transportation are found in the baggage, the owner of the baggage pays a fine in the established amount, and in some cases was brought to other liability (administrative and criminal).

The fee for the carriage of baggage is collected at the time of its acceptance for carriage at the established rates or by agreement of the parties. On some modes of transport, such as air, baggage allowances are set at no additional charge. Baggage transportation in excess of these norms is carried out for a fee at the rate. Baggage may be handed over for carriage with a declared value. In this case, an additional fee will apply.

Luggage is transported, as a rule, in the same train (on the same vessel, plane) in which the passenger follows. If it is impossible to send such baggage, it must be sent by the nearest train (flight) of the corresponding destination. At the request of the passenger, baggage can be sent along a different route or by another train (flight). The delivery time of baggage is calculated by the time it takes for the transport by which it was sent to reach its destination and must correspond to general requirements Art. 792 GK. At the point of destination, baggage is issued to the bearer of the baggage receipt. However, the passenger has the right to demand the delivery of baggage at any intermediate point (station, port, airport) of the route. In case of loss of the baggage receipt, the baggage is issued on the condition that the person claiming the baggage provides sufficient evidence of his right to receive it. In this case, the baggage is issued according to the act.

Luggage arrived at the destination is stored free of charge during the day, counting from 00:00 on the day following the day of arrival. Subsequent storage time will be charged at the rate. Baggage not claimed within 30 days is subject to sale. The bearer of the baggage receipt has the right to receive the proceeds from the sale of baggage minus the amounts due to the carrier.

If the baggage does not arrive at the destination within the established time limits, the passenger has the right to consider the baggage lost and demand compensation for its value. The carrier bears property liability for the safety of the baggage accepted for carriage, unless he proves that the loss, shortage or damage to the baggage was not his fault. The conditions and scope of the carrier's liability in this case are determined according to rules similar to liability for non-safety of cargo (Article 796 of the Civil Code). For a delay in the delivery of baggage, the carrier pays a fine in the prescribed amount (Article 165 of the Ukrainian Railways, Article 138 of the UAT, etc.). If the luggage is damaged due to delay in delivery, its value is reimbursed regardless of the payment of the penalty for the delay.

5. Solving a legal problem

When concluding an annual contract for the carriage of goods by road between the motor transport company and the consignor, disagreements arose on the terms of the contract.

The transport company included the following conditions in the project:

1. The shipper is responsible for all consequences of improper loading of the cargo, including damage to the means of transport and the safety of transportation. The consignor does not agree with this condition, since, according to the rules for the transportation of goods, their loading onto a car is carried out under the supervision of a driver of a car company.

2. The motor transport enterprise shall be released from liability for non-delivery of vehicles if, by decision of the competent authorities, vehicles will be involved in the performance of state tasks. The shipper pointed out the illegality of this condition as well.

In turn, the shipper insisted on the inclusion of the following conditions in the contract:

1. The motor transport company shall reimburse the consignor for losses caused by the delay in the delivery of goods to the recipient.

2. The consignor is not responsible for the failure to present the goods if he warns the transport company 2 hours before the delivery of the means of transport.

The automobile enterprise objected to these conditions.

Solution:

1. The motor transport company wrongfully objected to this paragraph, because according to Art. 138 of the Charter of Road Transport of the Russian Federation (UAT RF), the motor transport company is obliged to compensate the consignor for losses caused by the delay in the delivery of goods to the recipient.

2. The objections of the automobile enterprise against the second paragraph of the draft are legitimate, since, according to Art. 103 UAT RF, the consignor is liable in the form of a fine for failure to present the cargo, and the consignor is obliged to notify the motor transport company 24 hours in advance of receiving the goods and paying for it.

6. Conclusion.

Transport obligations are one of the most important types of economic obligations, thanks to which communication is carried out between industry and agriculture, industry and trade, industry and society.

The parties to transport obligations are transport organizations-carriers, consignor and consignee. The contract for the carriage of goods (passengers and luggage) of state and public organizations is concluded on the basis of a plan binding on both parties. Thus, the contract for the carriage of goods, passengers and baggage is planned. Both the carrier, and the consignor, and the consignee have rights and bear responsibility, therefore, the contract of carriage is bilateral. The contract for the carriage of goods (passengers) is real, since it is considered concluded from the moment the goods are delivered to the transport organization and the mark on the shipping document made by the carrier.

At this stage, contractual obligations are regulated both by the Civil Code and other regulations, some of which were adopted back in the USSR. But the whole problem lies in the imperfection of our legislative base. It is no secret that sometimes contractual obligations are simply not fulfilled for one reason or another. In such cases, although liability is provided for on paper, it does not occur, because there is no strict observance of the law. In almost all cases, it can be bypassed, and this, in turn, entails a violation of established economic relations between suppliers and consumers of a particular product, non-compliance with the rules for the transportation of goods, etc.

I believe that before talking about one of the types of contracts of carriage, it is simply necessary to regulate the law in that part of it that deals specifically with punishment for non-fulfillment of obligations under the contract.

The contract for the carriage of goods is designed to provide strictly regulated rules for the carriage of goods, in connection with this, its strict implementation is required. The consignor and consignee must approach the fulfillment of their transportation obligations with full responsibility. And our law should not create obstacles in this, as it sometimes happens (which forces people to bypass it), but on the contrary, help in every possible way and ensure fair administrative punishment (recovery, etc.) in cases where it is necessary.

Bibliography:

1. Civil Code of the Russian Federation.

A contract for the carriage of goods is an agreement between the parties, according to which the carrier undertakes to deliver the goods entrusted to him by the sender to the point of destination and issue it to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods.

The contract for the carriage of goods is real, paid, bilaterally binding. The parties to the contract are the shipper and the carrier.

The subject of the contract is the activity of the carrier for the delivery of cargo to the person authorized to receive it.

The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance to the sender of the goods of a waybill, bill of lading or other document for the goods provided for by the relevant transport charter or code.

The conclusion of the contract of carriage may be confirmed by other written documents. So, for rail and inland water transportation, it is planned to draw up a road sheet, which basically repeats the information of the consignment note.

In addition, during these transportations, the consignor is issued a cargo receipt in the certificate of acceptance of the goods.

In case of loss of the consignment note by the carrier, he is obliged to draw up a copy of the consignment note on the basis of the bill of lading and issue it to the consignor.

The procedure for issuing transport documents is defined in detail in the rules of transportation for the corresponding type of transport, and in rail, air and road transport, a single form of basic transport documents is used for this transport.

In water transport, the shipping companies also use their own bills of lading pro forma.

The forms of the consignment note for certain types of transportation are determined by the relevant charters and codes or in the manner prescribed by them.

The amount of the carriage charge in a regular contract of carriage, as a general rule, is established by agreement of the parties, and the carriage charge for transportation by public transport is determined on the basis of tariffs approved in the manner established by transport charters and codes.

Responsibility for non-fulfillment and improper fulfillment of transportation obligations is established by law, as well as by the contract of carriage. If the carrier's liability is established by law, agreements to limit and eliminate it are basically void.

The basis of the carrier's liability for loss, shortage or damage to cargo is the presence of his guilt in violation of the contract of carriage. The fault of the carrier is presumed unless he proves otherwise.

The carrier's liability for loss, shortage or damage to cargo or baggage is limited to the amount of real damage caused to the sender or passenger, however, in addition to this, the carrier is obliged to return the carriage fee if it is not included in the cost of the cargo.

Damage caused during the carriage of cargo or baggage shall be reimbursed by the carrier: in case of loss or shortage of cargo or baggage - in the amount of the value of the lost or missing cargo or baggage; in case of damage (spoilage) of cargo or baggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or baggage - in the amount of its value; in case of loss of cargo or baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo or baggage.

The subjects of the obligation to transport are the carrier, the consignor, and the consignee.

A cargo carrier can only be a commercial organization or an individual business entity without forming a legal entity (private entrepreneur), which, in accordance with the current legislation of Ukraine, is entitled to carry out activities related to the transportation of goods. The functions of consignors and consignees can be performed by both individuals and legal entities. The terms "carrier", "shipper", "consignee" are used in almost all modes of transport, as well as in regulations governing relations in transport. However, other terminology is also used in maritime transport. The shipper is sometimes called the charterer there, and the contract of carriage is called the charter contract. Since the specified terminology is specific to maritime transport and, moreover, is not always used, the subjects of the obligation to transport in this work will be "carriers", "consignors" consignees ".

The object of the obligation to transport goods is the goods carried by the carriers. If the material object of the obligation to transport is the transported cargo, then the legal object here is the transportation activity itself, which includes not only the transportation of goods, but also other actions related, for example, to the loading, unloading of goods, their storage and delivery to the consignee .

The rights and obligations of the parties are determined by transport charters, codes, transportation rules and contracts.

The carrier is obliged to submit to the consignor for loading serviceable vehicles in a condition suitable for the carriage of the corresponding cargo. In order to fulfill this obligation, the carrier must keep the vehicles in good condition and, before submitting them for loading, check their suitability for the carriage of this cargo. Knowing from the consignor's application what cargo is supposed to be loaded into the vehicle, the carrier has the opportunity and must determine whether the supplied vehicle will ensure its safety during transportation.

The consignor, when sending products, is obliged to take all measures depending on him to ensure their safety during transportation. He does not have the right to load products into any vehicle (if loading is carried out by him), without taking care of the safety of the cargo in transit. The consignor must refuse to load the cargo into a vehicle unsuitable for the carriage of this cargo, which in this case is considered not submitted on account of the daily rate. Violation by the carrier and shipper of the above obligations usually results in damage or deterioration of the goods, in connection with which it is necessary to decide who should be liable to the consignee.

In addition to technical suitability of vehicles, there is also commercial suitability of vehicles.

For example, a wagon delivered to the port may be technically serviceable (serviceable doors, hatches, roof, etc.) and commercially faulty (a persistent unpleasant smell has been preserved in the wagon, while it was supposed to be loaded food products). This raises the question: who should determine the technical and commercial suitability of vehicles for the carriage of goods in direct mixed traffic? If this issue is resolved in the relationship of carriers with the consignor and is regulated by transport charters, then in the case of transportation of goods in direct mixed traffic, it is not actually settled.

It seems that the responsibility for the technical suitability of vehicles should be borne by the carrier that submits them: the vehicles belong to him and he must be responsible for their condition. It is up to the carrier who loads the goods into it to determine the suitability of the vehicle for commercial purposes. Having loaded the cargo into a vehicle that is unsuitable for commercial purposes, this carrier assumes all responsibility related to its safety.

The vehicle submitted for loading in accordance with the norms of transport legislation must be loaded to full capacity. Loading a vehicle to its full capacity and correctly determining the weight is of great importance, both for carriers and shippers, since the assessment of the activities of transport enterprises is given by the amount of cargo transported, and the amount of the carriage fee paid by the shipper depends not only on the distance, but and on the weight of the cargo. The weight of the cargo on different modes of transport is determined differently. In railway transport, if the cargo is loaded in public places, then its weight is determined by the carrier; in cases where loading is carried out in non-public areas, the weight of the cargo is determined by the consignor.

Determination of the weight of the cargo by a stencil in accordance with the standard, by calculation, by means of a measure or conditionally, is carried out by the consignor. Moreover, it is not allowed to determine the mass of cargo by calculation, by measuring cargo, if loading to the full capacity of wagons, containers may result in an excess of the permissible carrying capacity of wagons, containers. In maritime transport, when loading cargo by ports on their berths and with their own workforce, the weight is determined by the shipping company on the scales of the port. When loading goods in the ports of the clientele or at the berths belonging to it, the weight of the goods is determined by the shippers. The determination of the weight of the cargo by calculation, by measurement or conditionally is carried out in all cases by the consignor. On river transport, the weight of cargo shipped from berths, warehouses and loading points for non-public use, as well as for general use, but not under the jurisdiction of shipping companies, is determined by the consignor. The determination of the cargo by calculation, by measurement or conditionally in all cases is carried out by the consignor (Article 65 of the UVVT).

In air transport, upon delivery of cargo for transportation, the consignor is obliged to indicate in the consignment note the exact name of the cargo, its weight (mass), number of pieces, size or volume. In road transport, the determination of the weight of the cargo is carried out mainly by the consignor. An entry in the bill of lading about the weight of the cargo with an indication of the method of its determination is made by the consignor. Thus, the transport legislation establishes a clear procedure for determining the weight of the cargo that is accepted for transportation.

The payment of freight charges in any contracts of carriage is one of the most important obligations of the shipper. As a general rule, the carriage charge, the amount of which is determined by the tariffs, must be paid at the point of departure simultaneously with the delivery of the goods for transportation.

The terms of delivery of goods have a direct and immediate impact on the fulfillment of applications (orders) for the carriage of goods. From the amount of time spent on the transportation of goods depends on the efficiency of transport, the acceleration of the turnover of vehicles and, to a large extent, the safety of the transported goods. Therefore, the timely delivery of goods to destinations, being a condition for the proper fulfillment of the obligation to transport, is one of the main obligations of the carrier, for the violation of which he bears property liability.

It should be borne in mind that the terms of delivery of goods depend on the characteristics of the transport of this type. Goods are considered delivered on time if they are unloaded or submitted for unloading to the consignees before the expiration of the established delivery time.

As a general rule, goods that need to be packed must be presented for transportation in serviceable containers that ensure traffic safety, safety of goods and vehicles. Requirements for tare and packaging of goods, product quality should be provided for by standards, specifications. Carriers are released from liability for the loss of cargo due to defects in packaging, only by proving that they could not be seen from the outside when accepting the cargo for transportation.

Transportation of goods by rail is issued by waybill, which is the main transport document. Invoice contains necessary information about the cargo being transported, the degree of use of the carrying capacity of the wagon (container), the speed of transportation, the time of acceptance of the cargo for transportation, etc. The absence of a consignment note indicates the absence of a contract of carriage, since the contract of carriage is one of the formal transactions and its existence and content can only be confirmed by written documents. The carrier has the right to verify the correctness of the information specified by the consignor in the consignment note. With regard to checking the weight of the goods handed over for transportation, the carrier has the right to check the weight of the goods by selective weighing. The carrier shall issue a cargo receipt to the consignor to certify the acceptance of the cargo for transportation. A road list is also compiled, which, together with the consignment note, follows with the cargo to the destination station and remains there. The back of the road book remains at the station of departure. In fact, these are control documents that can be used to trace the movement of cargo from the departure station to the destination station. Currently, the acceptance of goods for transportation is issued by waybill (for railway, river, air, road and in some cases at the seaport) and bill of lading (for sea transport).