Transport obligations for the carriage of goods. Transportation and other transport obligations. Need help with a topic

27.11.2019

Contracts of carriage are traditionally divided by means of transport for contracts of carriage by rail, road, air, sea and inland water transport. In maritime transport, domestic transportation is called cabotage; at the same time, a distinction is made between small cabotage (transportation between ports of one sea basin) and large cabotage (transportation between ports of several sea basins). On the road transport allocate urban (within the city), suburban (outside the city, but not more than 50 kilometers), intercity (more than 50 kilometers outside the city), inter-republican and international transportation.

Along with this, transportation carried out in local, direct and direct mixed traffic is distinguished. Local transportation are transportations within the limits of one transport organization (railway, shipping company, etc.); direct- transportation carried out by several transport organizations of the same type of transport and under one transport document; to direct mixed include transportation carried out by several transport organizations related to various types transport, but based on one transport document<1>. At the same time, the allocation of transportation in local traffic is not confirmed in the transport legislation, since, in accordance with the above definition, they will include, for example, air transportation carried out by one airline along the route Moscow - Vladivostok, or sea transportation of goods in large cabotage by the forces of one shipping company .

However, the most important legal feature of relations for the transportation of passengers, cargo and baggage is the fact that they are drawn up not by one contract, but system of contractual obligations. Thus, the obligations between the consignor and the carrier are not limited to a contract for the carriage of a specific cargo. They arise already at the stage of submitting vehicles for loading and presenting cargo for transportation. The basis for their occurrence are: in case of systematic transportation and long-term relations of the parties - contracts on the organization of transportation, in other cases - contracts of transportation (chartering agreement (charter) on the sea and air transport) or contracts concluded by accepting the application (order) of the consignor by the carrier. Only the actual transportation of cargo is covered by a contract for the carriage of cargo, the execution of which (when the cargo is delivered to the recipient in public places) is the basis for terminating the transportation relationship.

But the indicated system of relations is typical only for the elementary organization of the transportation process. In real property turnover, more complex schemes of legal relations are used for registration of freight traffic. In particular, it is not uncommon for shippers to conclude agreements with motor transport organizations or with freight (forwarding) offices of other modes of transport for the centralized transportation of goods to stations, ports (at the wharf), and airports. Agreements are concluded between transport organizations on the organization of work to ensure the transportation of goods (for example, an agreement on the centralized delivery (export) of goods at railway stations, ports (at the pier) airports). When transporting goods under a single transport document, agreements are concluded between transport organizations of various modes of transport on the procedure for organizing the transport of goods in direct mixed traffic. All these contracts give rise to civil obligations between the participants in the transportation process - the consignor, carrier, other transport organizations, and the consignee.

Thus, at present, the contract for the carriage of a specific cargo can no longer be considered as a kind of "central contract", to which various legal forms: freight relations are indeed regulated treaty system, in which this contract is only one of the varieties.

In the literature, proposals are often made to combine all contracts with the participation of transport organizations into a single category of "transport contracts" and even to single out some single "transport obligations"<1>. But in the field of transport activities, the most different treaties and types and kinds of civil obligations. For example, in the activities of maritime and air transport, a temporary chartering of a vehicle is widely used, which refers to varieties of a lease agreement; in maritime and river transport, a vessel towing agreement relating to agreements paid provision services; freight forwarding services carried out on all modes of transport are covered by a completely independent freight forwarding agreement. Therefore, attempts to single out the category of "transport contracts" or "transport obligations", claiming their own place in the system of civil law obligations, seem artificial and erroneous in essence.

The actual transportation (transportation) of goods is mediated by contract for the carriage of goods, according to which the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the cargo, and the sender undertakes to pay the established fee for this transportation (clause 1 of article 785 of the Civil Code). This agreement is real, since the obligations of the carrier arise only in relation to such cargo, which is handed over by the consignor and accepted by the carrier for its delivery to the destination (carrier entrusted cargo). In contractual relations for the carriage of goods, in addition to the carrier and the sender, the recipient also participates, on whose side there are not only rights, but also certain obligations.

The terms of such a contract of carriage should be contained in the relevant transport document: on railway, river and air transport - in the consignment note; in maritime transport - in the waybill or bill of lading; in road transport - in the bill of lading or the act of measurement (weighing). Drawing up and issuing to the consignor of a consignment note or other transportation document at the same time serve as confirmation of the conclusion of a contract for the carriage of goods.

stand out public transport contracts when a commercial organization acts as a carrier, which, by virtue of the law, other legal acts or a permit (license) issued to this organization, is obliged to carry out transportation at the request of any person, issued public contracts.

Along with the contract for the carriage of a specific cargo, contracts on the organization of transportation and agreements between transport organizations on the organization of work to ensure the transportation of goods are also widely used.

Under an agreement on the organization of cargo transportation, the carrier undertakes to accept, and the cargo owner, to present for transportation cargo in the stipulated volume (Article 798 of the Civil Code). Such contracts are of a long-term nature and are concluded by the carrier and the cargo owner if it is necessary to carry out systematic transportation of goods. These include navigational treaties- on sea and river transport; special agreements- in air transport; annual contracts- in road transport.

Between organizations of different types of transport are also agreements on the organization of work to ensure the transportation of goods(Article 799 of the Civil Code), which determine the procedure for the transfer and receipt of goods from one mode of transport to another, as well as the conditions for the implementation of such transportation: key agreements, contracts for centralized import (export) of goods between organizations of road and other types of transport, etc.

At the same time, there are agreements on the organization of work to ensure the transportation of goods, which regulate the relationship that develops between transport organizations of various modes of transport during the transportation of goods, not covered by a single transport document(for several bills of lading), and agreements between organizations of various modes of transport with direct mixed communication. It is also possible that transport organizations of various types of transport can conclude an agreement that simultaneously provides for both obligations to ensure the transportation of goods carried out according to various transport documents, and obligations related to the organization of transportation of goods in direct mixed traffic. Such mixed contracts are, in particular, nodal agreements regulating the procedure and conditions for the interaction of transport organizations at the points of cargo transshipment.

A special place in the relationship of transportation occupies passenger carriage contract(Article 786 of the Civil Code), according to which the carrier undertakes to transport the passenger to the destination, and in the case of the passenger's baggage, also deliver this baggage to the destination and issue it to the person authorized to receive the baggage, and the passenger undertakes to pay the established fare and baggage . The conclusion of a contract for the carriage of a passenger is certified by a travel ticket and baggage check-in baggage receipt.

This contract, in contrast to the real contract for the carriage of a specific cargo, is consensual and is considered concluded after the passenger purchases a ticket or a baggage receipt. In addition, these relations are subject to consumer protection legislation, and the passenger is granted a number of additional rights.

Charter agreement (charter), according to which 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), differs from the contract of carriage cargo, and from the contract of carriage of the passenger. The subject of the obligation of the carrier (freighter) during the charter is the actions to provide all or part of the capacity of the vehicle for one or more flights, which predetermines the specifics of the content of this obligations <1>.

Moreover, the contractual relationship between the consignor (consignee) and the carrier arises already when the consignor submits applications (orders) for the carriage of goods and acceptance by the carrier (clause 1 of article 791 of the Civil Code), i.e. before the conclusion of the contract for the carriage of goods. From the fact of its acceptance by the carrier follows his obligation to submit vehicles for loading, as well as the obligation of the sender to present the relevant goods for transportation.

Sometimes the filing and acceptance of an application for the carriage of goods is considered not as a transaction entailing the emergence of a civil obligation, but as organizational prerequisites for a contract of carriage.<1>or some stage of the "start of the transport process"<2>. Meanwhile, from this legal fact, a typical civil law obligation arises, which cannot arise either from “organizational prerequisites” or from “the start of the cargo transportation process,” since civil law does not know such grounds for the emergence of civil rights and obligations. In other words, by filing and accepting an application between the carrier and the consignor, treaty, containing all the essential conditions of the obligation to provide and use vehicles (formulated in the application accepted by the carrier).

Thus, the obligation to provide vehicles and use them always arises from the contract: a contract of carriage, an agreement on the organization of transportation, or from an agreement concluded by accepting the shipper's application by the carrier.

By at the time of the conclusion of the contract stand out:

a real contract for the carriage of a specific cargo;

all other types of contract of carriage that are of a consensual nature (contract for the carriage of a passenger, contract for the organization of the carriage of goods, etc.).

By the subject of the contract stand out:

contracts for the carriage of goods (both a real contract of carriage and a consensual contract for the organization of transportation);

charter agreement (charter).

By subject composition stand out:

contracts for the carriage of passengers;

contracts for the carriage of goods (concluded by consignors);

agreements on the procedure for organizing work to ensure transportation, concluded between transport organizations.

By goals treaties transportation is divided into:

contracts aimed at organizing transportation, the purpose of which is to determine the volume of goods transported and the number of vehicles supplied, as well as the procedure for the work of consignors and carriers (contracts on the organization of transportation; contracts for the operation of an access road and for the supply and cleaning of wagons; contracts concluded by accepting application or order of the sender);

contracts aimed at ensuring the transportation of goods, passengers and baggage and their delivery to their destination (agreements between transport organizations on the procedure for organizing transportation in direct mixed traffic; key agreements);

contracts aimed at the delivery of goods, passengers and baggage to the destination (real contract for the carriage of goods and a contract for the carriage of a passenger).

By carrier status contracts of carriage are divided into:

contracts under which transportation is carried out by public transport (which are public contracts);

contracts, the carrier under which are other transport organizations.

By contract form can be distinguished:

contracts drawn up by waybill or bill of lading (real contracts for the carriage of a specific cargo);

contracts concluded by performing conclusive actions (acceptance by a transport organization of an application or an order from a consignor; contracts for the carriage of passengers who purchase tickets directly on a bus, fixed-route taxi, etc.);

agreements concluded in general order.

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, rather than administrative and legal nature. Centralized transportation planning is retained in special cases (transportation for foreign trade, transportation for the needs of the Far North, etc.). See, for example: Decree of the Government of the Russian Federation of March 6, 1993 No. 207 “On approval of the procedure for organizing the supply and transportation of products (goods) to ensure National economy and the population of the regions of the Far North and areas equated to them "with subsequent changes // Collection of acts of the Russian Federation. 1993. No. 11. Art. 941..

By general rule enshrined in Art. 784 of the Civil Code, transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage. The conclusion of a contract for the carriage of goods requires the presence organizational background. They are embodied in the counter actions of the parties to the obligation of transportation: the carrier must submit serviceable vehicles for loading, and the consignor must present the goods for transportation(Article 791 of the Civil Code). The prerequisites for concluding a freight transportation agreement today can take legal forms: a) applications (orders) on railway, river, road and air transport; b) contracts for the organization of transportation(annual, navigation, etc.) on any type of transport; in) administrative and planning acts in the special cases mentioned. In addition, sometimes all the organizational prerequisites for concluding a contract for the carriage of goods are simply contained in the contract of carriage, having a consensual nature On a consensual contract of carriage (charter contract, charter), see § 3 of this Chapter.

With an application system (orders) shippers provide the carrier with information about their needs for transportation. In railway and river transport, ten-day applications are especially distinguished (Article 18 of the TRA), and in export transportation, semi-monthly applications. 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.

Agreement on the organization of transportation is in the manner prescribed by Art. 798 GK. 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 within the established time limits. 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 received: different names in transport charters and codes (annual contract - for road transport, navigation - for inland waterway, etc.). Essential conditions of the contract, the volumes and terms of providing vehicles and presenting goods for transportation are considered, the procedure for settlements of the parties, etc.

Carrying out the actions specified in Art. 791 of the Civil Code, occurs in the manner prescribed by transport legislation. The carrier is obliged submit vehicles in the quantity agreed with the consignor, at the agreed time and in 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 (in order of concentration). Terms of submission of means of transport (tonnage) 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 (on the sidings or berths belonging to the consignor, or on the roads and public berths) are established by special rules that apply to certain types 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 the airfield (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 order (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, the carrier is obliged to submit to the consignor vehicles in good condition for transport corresponding cargo. The serviceability and suitability of the means of transport must be technical and commercial and ensure the safety of the cargo during transportation. The vehicle is delivered cleaned from cargo residues and debris or washed and disinfected, etc. At the same time, the consignor of the cargo entitled refuse submitted vehicles that are not suitable for the carriage of the corresponding cargo. On the contrary, it is the responsibility of the consignor to check the commercial suitability of the vehicle, which, unlike the carrier, has a better knowledge of the properties of a particular cargo. See paragraphs. 7, 8 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of November 12, 1998 No. 18 .. For sea transportation, the seaworthiness of the vessel (Art. 124 KTM) is of great importance, also embracing both technical (seaworthiness of the vessel in general), and its commercial characteristics (suitability for the carriage of a certain cargo under specific conditions).

The obligation of the carrier to deliver the goods corresponds to the obligation of the sender present the goods for transportation. Conditions for the delivery of goods for transportation are general, which are subject to fulfillment in all cases, regardless of the specifics of the cargo, and special which are used in the transportation of goods with special properties. General conditions apply quantity and denominations cargo, definitions his weights, containers(packaging), markings and value declarations. Special - are set for goods, the transportation of which requires compliance with special measures and conditions for their transportation. So, when transporting many types of cargo, it is necessary to present a certificate of their quality, and when transporting animals and birds, quarantine (veterinary) documents.

Quantity and genus cargo to be handed over for transportation is determined by the application, the agreement 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, deterioration or damage must be presented in proper container, standards, or at least ensuring their complete safety. If this requirement is not met, the transport organization has the right to refuse to accept the goods. At the discretion of the sender, the goods may be handed over for carriage with 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 ensuring the safety and individualization of cargo during transportation is its marking, those. applying certain inscriptions and conventional signs to the cargo to determine the ownership of the cargo, its features, compliance with safety precautions (for example, “top”, “glass”, “do not turn over”), etc.

Cargo weight can be determined: a) by 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 performing these actions, the parties enter into a contractual relationship.

The contract for the carriage of goods and its conclusion. The contract is concluded by the transport organization and the consignor (cargo owner). If, after delivery to the destination, the cargo is 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 nature of the contract of carriage is controversial. Basically, they are conducted around the figure of the consignee. Some authors believe that the latter is an independent party to the contract, and the contract itself is tripartite in nature (Tarasov M.A. Contract of carriage. Rostov-on-Don, 1965. P. 123 et seq.; Civil law. In 2 volumes. / Under the editorship of E. A. Sukhanov. M., 1993. V. 2. P. 273. Author - G. P. Savichev). Other authors are of the opinion that in the contract of carriage, the sender and the recipient of the cargo are one party to the contract (Libba I.P. Transportation documents according to the Charter of the USSR Railways: In the collection “Main Issues of Railway Law”. M., 1925. P. 215) . There is an opinion that a freight transportation agreement is an agreement on the delivery of performance to a third party (Yaichkov K.K. Contract for the carriage of goods by rail. M., 1958. S. 143--144). Finally, the most common point of view is that this is a treaty in favor of the third lime. It appeared back in the 20s (earlier, in the law of pre-revolutionary Russia, transportation was considered a type of contract), when the first works on this topic were published (see, for example: B. B. Cherepakhin, Responsibility of the consignee under the contract of transportation. Irkutsk, 1927 P. 7; Gusakov A. G. Railway law under the legislation of the USSR. M., 1929. P. 47 and others).

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 destination and issue it to the person authorized to receive the goods (the recipient), and the sender undertakes to pay the established fee for the carriage of goods (Article 785 of the Civil Code).

From the definition it follows that the contract of carriage of goods -- mutual and compensated. It is considered concluded only after the goods have been handed over to the carrier and, therefore, relates to real contracts. Only in maritime transport is the contract of carriage referred to as a charter contract or charter (see § 3) consensual. The contract for the carriage of goods is strictly formal contract. It is always concluded in writing, and often in compliance with the mandatory details that are established by law.

As a rule, the contract for the carriage of goods is public character (Art. 789, 426 of the Civil Code, Art. 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 should act as a carrier. public transport. 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.

For the conclusion of the contract, single document system provided for in paragraph 2 of Art. 785 GK. Filling out and issuing such a document is of great evidentiary value. Depending on the type of document used for registration of transportation, the following are distinguished: a) a system overhead used in almost all modes of transport; b) system bill of lading and c) system charter, commonly 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 the moment of delivery of the cargo to the carrier along with the accompanying documents. If transportation is formalized by a consensual charter agreement, it is concluded in accordance with the general procedure 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 allocated in local, direct and direct mixed communication. 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 a single 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. Petersburg to Volgograd with transshipment in Moscow from the railway to water transport) . The procedure for the implementation of such transportation is determined by agreements between organizations of various modes of transport, which should be concluded on the basis of a special law on direct mixed (combined) transportation (Article 788 of the Civil Code). At present, such a law has not yet been adopted. In modern publications, it is proposed to distinguish between direct mixed and combined transportation (for example: Yakushev V. General trends in the development of the right to transport goods and their impact on the legal regulation of mixed transportation // Economy and law. 1996. No. 9. P. 58--60). The basis for this division is that many international transports are managed by a single combined transport operator who is responsible for the cargo throughout its transportation (there is no such operator in the usual direct multimodal transport). In this case, enterprises of various modes of transport conclude agreements on organization of work to ensure the transportation of goods (nodal agreements, contracts for the centralized import and export of goods, etc.) in the manner prescribed by transport legislation (Article 799 of the Civil Code). If the cargo will follow from St. Petersburg to Moscow according to the railway waybill, and from Moscow to Volgograd - according to a new shipping document issued by the sender after receiving the cargo from the railway, then there is an ordinary mixed transportation (co-transportation). It includes two contracts of carriage - by rail and by water.

Elements of a freight carriage obligation. The subjects of the obligation are primarily the carrier and shipper. Consignors of goods can be any subjects of civil law. On the contrary, the carrier can only be a commercial organization or individual entrepreneur, entitled to carry out freight transportation by law or on the basis of a license. Hereinafter, the term "transport organization" covers and commercial organizations, and citizens-entrepreneurs .. Those persons who, although they have a license for transport activities, 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 has concluded the contract, then it is the subject of the contract on the side of the carrier. In the case of direct transportation by one mode of transport or direct multimodal transportation, an obligatory legal relationship arises with a plurality of persons - co-carriers. Each of them, accepting the cargo from the previous organization, fulfills its obligation to transport in the corresponding section of the movement of the cargo, 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 of persons as their representative. Representation in this case 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 waybill, which indicates the route and points 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 the rights and bears certain obligations to the carrier. In such cases, the consignee acts as a special subject of the obligation to transport - 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 the benefit of a third party.

Subject transportation contracts - 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.

Term in the obligation of carriage, this 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 See, for example: Rules for calculating the time for delivery of goods by rail, approved. Order of the Ministry of Railways of the Russian Federation of September 10, 1998 No. № TsM-593 // BNA. 1998. No. 29.. 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.

Content Contracts for the carriage of goods constitute the rights and obligations of the parties. Loading and unloading cargo are carried out by the transport organization or the 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 set additional term waiting for the vessel under cargo operations - counter lay time (counter lay). For demurrage of the ship during this period, a special payment is also established - demurrage (Article 132 of the KTM) The above terms are Russian tracing paper from the corresponding English terms that have a similar meaning. to sail, even though the loading of the ship was not 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, the consignor (consignee) is paid a premium (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 subjects 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, the contract or not be applied due to its inconsistency with the essence of the obligation that has arisen.

Delivery cargo -- 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 (Articles 92--93 UVVT, Art. 38- -39 TUJD.

Operations on extradition and acceptance cargo 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 goods must be properly documented, which is covered by the concept crediting of documents or redemption of cargo and 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 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. 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.

Introduction 3

1. General provisions about transport obligations:

1.1 Types 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. Solution legal task 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 is economic effect which is created as a result of the movement of cargo, passenger 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 part of the federal government. state property. 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).

The aviation company is entity, which 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.

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 consignor, it is allowed to submit conveyances to in large numbers than stated 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). Legal significance consignment note 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 work and railway services can be paid at negotiated 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 transportation and more high speed(Article 40 UZhD), as well as transportation by passenger trains and cargo luggage. 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 the established delivery time. 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 ship;

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 regarding 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 in similar transportation. 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 transportation rules 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 concluded in accordance with the general procedure 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.

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.

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) .

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, supports 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 establishes an approximate list of circumstances upon the occurrence of 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 general rules responsibility of commercial organizations carrying out entrepreneurial activity(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.

Claim with application required documents must be declared 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 the current Rules for the provision of services for the carriage of passengers. 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 route upon request 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 the very general view they are listed 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 an empty seat in the carriage (cabin) more than high category with additional payment of the fare difference;

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.

According to the general rule enshrined in Art. 784 of the Civil Code, transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage. 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 cargo for transportation (Article 791 of the Civil Code).

The prerequisites for concluding a freight transportation agreement today can take legal forms: a) applications (orders) for rail, river, road and air transport; 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.

The agreement on the organization of transportation is concluded in the manner prescribed by Art. 798 GK. 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 within the established time limits. 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 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 volumes and terms for 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, 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 (in order of concentration). Terms of submission of means of transport (tonnage) 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 (on the sidings or berths owned by the consignor, or on the roads and berths of public use) are established by special rules that apply to certain 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 the airfield (airport) or a specially equipped runway. 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, the carrier is obliged to provide the consignor with serviceable vehicles in a condition suitable for the carriage of the corresponding cargo. The serviceability and suitability of the means of transport must be technical and commercial and ensure the safety of the cargo during transportation. At the same time, the sender of the cargo has the right to refuse the submitted vehicles that are not suitable for the transportation of the corresponding cargo. On the contrary, it is the responsibility of the consignor to check the commercial suitability of the vehicle, which, unlike the carrier, has a better knowledge of the properties of a particular cargo. For maritime transportation, the seaworthiness of the vessel is of great importance, which also embraces both technical (seaworthiness of the vessel for navigation in general) and its commercial characteristics (suitability for the carriage of certain cargo under specific conditions).

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 - are 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, quarantine (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. If this requirement is not met, 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. One of the conditions that ensure the safety and individualization of cargo during transportation is its labeling, i.e. applying certain inscriptions and conventional signs to the cargo to determine the ownership of the cargo, its features, compliance with safety precautions (for example, “top”, “glass”, “do not turn over”), etc.

The weight of the cargo can be determined: a) by 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 performing these actions, the parties enter into a contractual relationship.

Plenum Supreme Court of the Russian Federation dated June 26, 2018 No. 26 "On some issues of the application of legislation on the contract for the carriage of goods, passengers and luggage by road and on the contract of transport expedition"

The concept of transport obligations

Transport obligations (in a broad sense) are obligations by virtue of which the carrier must take legal and actual actions to move (transport) cargo, passengers or baggage (transport services) in favor of the consignor (consignee, passenger), and the consignor undertakes to pay for these actions.

The Civil Code, traditionally defining the basic principles of civil legal regulation transportation, refers to other special laws constituting the transport legislation.

Carrier- legal entity or individual entrepreneur who under the contract of carriage have assumed the obligation to deliver the passenger, the cargo entrusted to them by the sender, luggage, from the point of departure to the destination, as well as to issue the cargo, luggage, cargo luggage to the person (recipient) authorized to receive it;
Shipper (sender)- a natural or legal person who, under the contract of carriage, acts on his own behalf or on behalf of the owner of the cargo and is indicated in the transportation document;
Consignee (recipient)- an individual or legal entity authorized to receive cargo, luggage, cargo luggage. The consignee in the contract acts as a third party who has certain rights and, in some cases, obligations (for example, the obligation to accept the goods), which follows from the contractual relationship between the consignor and the consignee. Thus, the contract for the carriage of goods in some cases is contract in favor of a third party provided for in Art. 430 of the Civil Code of the Russian Federation.

Legal status of the carrier

As sea transport carrier as a rule, the shipowner acts - a person operating the ship on his own behalf, regardless of whether he is the owner of the ship or uses it on a different legal basis (Article 8 of the CTM). Shipowners (i.e. and carriers under contracts of carriage by sea) may be:

state and municipal unitary enterprises to which sea vessels belong on the right of economic management;
institutions that have maritime vessels on the right of operational management;
owner (however, when the vessel is transferred into possession and use by another person, for example, a trustee (Article 14 of the KTM), the owner loses the status of the shipowner and excludes himself from legal relations for the carriage of goods);
commercial organizations located in seaports and carrying out cargo operations.

Under contract air freight carrier the so-called operator is recognized, having a license to carry out air transportation of passengers, baggage, cargo or mail (Article 100 of the VC). An operator is a citizen or a legal entity that has an aircraft on the right of ownership, on a lease basis or on another legal basis, uses it for flights and has an operator’s certificate (certificate) (clause 3 of article 61 of the VC), i.e. a person who legally owns an aircraft.

In rail transport as a carrier under contracts for the carriage of goods and passengers is understood any legal entity or individual entrepreneur who, under a contract for the carriage by public rail transport, has assumed the obligation to deliver the passenger, the cargo entrusted to them by the sender, luggage or cargo luggage to the person (recipient) authorized to receive it. The main requirements for the carrier are defined in Art. 12 of the Railway Transport Act.

A special role in the transportation process is assigned to the owner of the infrastructure, which is considered to be a legal entity or an individual entrepreneur who has infrastructure on the basis of ownership or other rights and provides services for its use on the basis of a license and contract. He is obliged to conclude with all owners of adjacent infrastructures appropriate agreements on the organization dispatch control transportation process, establishing order Maintenance and operation of railway rolling stock, energy facilities and other facilities, as well as establishing liability to carriers for obligations arising from transportation in direct rail traffic.

Legal status of the consignor, consignee and transport organizations involved in the performance of transport obligations

The shipper directly concludes a contract of carriage with the carrier and is a party to it.

As a shipper under a contract for the carriage of goods, any individual or legal entity can act, although most often this role is played by commercial organizations that ship goods (mainly goods produced by them) to fulfill their contractual obligations related to the sale (delivery) of goods and the implementation of other contracts. As a rule, the shipper is the owner of the goods being shipped (the owner of the goods) or a person endowed by the owner with the appropriate authority to ship the goods.

Unlike the shipper consignee does not take part in the conclusion of the contract of carriage and, therefore, cannot be considered a party to this agreement. At the same time, the legislation gives the consignee certain rights related to the carriage of goods, and, moreover, imposes on the consignee a number of obligations arising from the carriage of the goods. This circumstance has given rise to different views on legal status consignee. At present, the dominant position is that it explains the legal status of the recipient by the fact that he is a third party in whose favor the contract of carriage is concluded (Article 430 of the Civil Code), since the carrier is obliged to issue the cargo accepted for transportation and delivered to the destination to the consignee (authorized by him person) and only the latter has the right to require the carrier to fulfill this obligation. Moreover, after the recipient applies to the carrier with a request to release the goods, the carrier must fulfill his obligation, and the shipper is not entitled to redirect the goods or change (including in agreement with the carrier) any terms of the contract for the carriage of goods, which corresponds to the general rule of paragraph 3 of Art. 2 tbsp. 430 GK. In addition, the carrier has the right not to release the cargo to the consignee until the full payment of the carriage charges due to him (including those that were not paid by the consignor), as well as raise objections to the consignee's claims in connection with the non-safety of the cargo (including regarding the consignor's fault). in improper loading, packaging and securing of cargo), which also corresponds to the general rule of paragraph 3 of Art. 430 GK. Finally, unclaimed consignees have the right to dispose of their consignors, which also corresponds to the general rule of paragraph 4 of Art. 430 GK. Thus, without exception, all the provisions of the Civil Code, regulating the contract in favor of a third party, refer to the contract for the carriage of goods.

Subject of transport obligations:

provision of non-material services of the carrier in relation to other persons (consignor, passenger, etc.) related to the movement of goods, baggage, passengers.

Types of transport obligations

Transport contracts include:

treaties on the organization of transportation cargo;
contracts for the carriage of goods, passengers and baggage by various modes of transport:
- rail transportation;
- road transport;
- air transportation;
- air charter;
- sea transportation;
- transportation by inland waterways.
towing contracts.

In addition, the law provides contract for the carriage of goods in direct mixed traffic(when transporting goods, passengers and luggage different types transport under a single transport document) - the procedure for organizing these transportations is determined by agreements between organizations of the corresponding modes of transport, concluded in accordance with the transport legislation on direct mixed (combined) transportations (Article 788 of the Civil Code of the Russian Federation).

Directly in the Civil Code of the Russian Federation, the following types of obligatory contractual relations are distinguished:

contract for the carriage of goods (Article 785);
contract for the carriage of a passenger (Article 786);
the carrier's obligations to supply vehicles, obligations to load (unload) cargo (Article 791);
an agreement on the organization of transportation (Article 798);
transport expedition agreement (Art. 801-806).

Extended classification

By purpose contracts of carriage are divided into:

contracts aimed at organizing transportation, the purpose of which is to determine the volume of goods transported and the number of vehicles supplied, as well as the procedure for the work of consignors and carriers (contracts on the organization of transportation; contracts for the operation of an access road and for the supply and cleaning of wagons; contracts concluded by accepting application or order of the sender);
contracts aimed at ensuring the transportation of goods, passengers and baggage and their delivery to their destination (agreements between transport organizations on the procedure for organizing transportation in direct mixed traffic; key agreements);
contracts aimed at the delivery of goods, passengers and baggage to the destination (real contract for the carriage of goods and a contract for the carriage of a passenger).

By carrier status carriage contracts include:

contracts under which transportation is carried out by public transport (which are public contracts);
contracts, the carrier under which are other transport organizations.

In the form of a contract can be distinguished:

contracts drawn up by waybill or bill of lading (real contracts for the carriage of a specific cargo);
contracts concluded by performing conclusive actions (acceptance by a transport organization of an application or an order from a consignor; contracts for the carriage of passengers who purchase tickets directly on the bus, etc.);
general contracts.

At the time of the conclusion of the contract stand out:

a real contract for the carriage of a specific cargo;
all other types of contract of carriage that are of a consensual nature (contract for the carriage of a passenger, contract for the organization of the carriage of goods, etc.).

On the subject of the contract stand out:

contracts for the carriage of goods (both a real contract of carriage and a consensual contract for the organization of transportation);
charter agreement (charter).

By subject composition stand out:

contracts for the carriage of passengers;
contracts for the carriage of goods (concluded by consignors);
agreements on the procedure for organizing work to ensure transportation, concluded between transport organizations.

On maritime transport transportation within the country is called cabotage:

small cabotage- transportation between ports of the same sea basin;
big cabotage- transportation between ports of several marine basins.

On road transport allocate transportation:

urban (within the city limits),
suburban (outside the city limits, but not more than 50 kilometers),
intercity (more than 50 kilometers outside the city),
inter-republican;
international.

Along with this, transportation is distinguished:

local - within the limits of one transport organization (railway, shipping company, etc.);
direct - carried out by several transport organizations of the same type of transport and according to one transport document;
straight mixed- carried out by several transport organizations related to different modes of transport, but on the basis of one transport document.

Carrier Responsibilities:

provide the consignor with transport for loading within the prescribed period (Article 791 of the Civil Code of the Russian Federation),
to carry out loading (unloading) of cargo, if this is not the responsibility of the consignor (consignee) (Article 791 of the Civil Code of the Russian Federation),
to deliver the cargo, the passenger to the destination within the prescribed period (Article 792 of the Civil Code of the Russian Federation).

Obligations of the consignor (consignee), passenger:

pay for transportation
provide the necessary information about the cargo,
accept the cargo.

Features of liability for transport obligations

Grounds for liability for transport obligations

The property liability of the carrier, consignor and consignee for non-fulfillment or improper fulfillment of contractual obligations for the carriage of goods occurs if there are general grounds provided for by civil law, in particular Art. 401 CC:

"A person who has not fulfilled an obligation or has performed it improperly shall be liable if there is guilt(intention or negligence), except when the law or the contract provides for other grounds for liability.

A person is recognized as innocent if, with the degree of care and diligence required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper performance of the obligation.

The absence of guilt is proved by the person who violated the obligation.

Special rules of liability of the parties are provided for in the following articles of the Civil Code of the Russian Federation:

. A responsibility for breach of obligation for transportation
for the entire period of its being in the possession of the carrier, i.e. from the moment the cargo is accepted for transportation and until the delivery of the cargo to the consignee or a person authorized by him to receive the cargo.
The Civil Code establishes uniform limits for all modes of transport of the carrier's liability for non-safety of cargo, while maintaining the rules on limited liability: damage caused during the transportation of cargo is reimbursed by the carrier only
- in the amount of the value of the lost or missing cargo or
- in the amount by which the value of the cargo has decreased due to damage or deterioration that occurred during the transportation process for reasons dependent on the carrier.
The transport legislation prohibits any preliminary agreements between the carrier and consignors or consignees aimed at limiting or eliminating property liability established by law. These agreements are not valid.
The liability of the carrier for the delay in the delivery of goods occurs in cases of culpable non-compliance with the transport time established by law or by agreement of the parties, i.e. the time during which the carrier performs the totality of all necessary operations at the point of departure of the goods, along its route and at the point of delivery of the goods to the recipient . Liability for late delivery of goods is also limited..
Limits of liability of the consignor and consignee
A feature of the legal regulation of transport relations is that general civil and special transport legislation most attention is paid to the main counterparty - the carrier, which is natural, since the actual fulfillment of the obligation to transport goods depends on it.
The division of liability between the carrier, the consignor and the consignee for the non-safety of goods and the delay in their delivery may take place at the stages of both the conclusion and execution of the contract of carriage.
The grounds for the onset of property liability of the carrier's clientele are violations of the rules applicable to each type of transport
- delivery of cargo for transportation, its packaging,
- timely receipt of cargo at the destination,
- registration of transportation documents, etc.
The property sanctions applied to the consignor and consignee for damage or loss of wagons and containers provided by the railway are also higher than the size of the contractual liability of the carrier.
In road transport, the responsibility of the consignor and consignee occurs for the delay due to their fault of cars submitted for loading or unloading in excess of the established
Claims and lawsuits for obligations arising from the carriage of a passenger and baggage, the procedure and terms for their presentation are also established by transport charters and codes.