Concept and types of transportation obligations. Transport obligations

The transportation of goods, passengers and luggage is carried out, by virtue of paragraph 1 of Article 784 of the Civil Code of the Russian Federation, on the basis of a contract of carriage. The general conditions of transportation by individual modes of transport, as well as the responsibility of the parties for these transportations are determined by their agreement, unless transport charters and codes, other laws and rules issued in accordance with them establish otherwise (clause 2 of Article 784 of the Civil Code of the Russian Federation).

Concluding a contract for the carriage of goods requires the presence of organizational prerequisites. They are embodied in reciprocal actions of the parties to the transportation obligation: the carrier is obliged to provide the sender of the cargo for loading within the period established by the accepted application (order), contract of carriage or agreement on the organization of transportation, serviceable vehicles in a condition suitable for transporting the corresponding cargo, and the shipper must present cargo for transportation or refuse submitted vehicles if they are not suitable for transporting the relevant cargo (Article 791 of the Civil Code of the Russian Federation).

Legal forms of the prerequisites for concluding a freight transportation contract: a) applications (orders) for railway, river, road and air transport; b) contracts on the organization of transportation (annual, navigation, etc.) on any type of transport; c) administrative 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 itself, which is of a consensual nature.

If we consider the system of applications (orders), shippers provide the carrier with information about their needs for transportation. For example, to carry out the transportation of goods by rail, the shipper submits to the carrier a properly completed application for the transportation of goods in the required number of copies (hereinafter referred to as the application). The application is submitted by the shipper indicating the number of wagons and tons, destination railway stations and other information provided for by the rules for the transportation of goods by rail. In the application, the shipper must indicate the validity period of the application, but not more than forty-five days.

Applications are submitted no less than ten days before the start of cargo transportation in direct railway traffic and no less than fifteen days before the start of cargo transportation in direct international traffic and indirect international traffic and in direct and indirect mixed traffic, as well as if ports are indicated as destinations . When transporting goods in direct mixed water-railway communications, applications are submitted by organizations transshipping goods from water transport to rail transport (Article 11 of the Charter of Railway Transport of the Russian Federation).

The contract for the organization of transportation is concluded in the manner established by the Civil Code of the Russian Federation. The carrier and the cargo owner, if it is necessary to carry out systematic transportation of goods, can enter into long-term agreements on the organization of transportation. Under an agreement on the organization of transportation of goods, the carrier undertakes to accept, and the cargo owner - to present for transportation, cargo in a specified volume. The agreement on the organization of transportation of goods will determine the volumes, terms and other conditions for the provision of vehicles and the presentation of goods for transportation, the payment procedure, as well as other conditions for the organization of transportation 3.

Under a contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance to the sender of the goods of a consignment note (bill of lading or other document for the cargo provided for by the relevant transport charter or code).

The contract for the carriage of goods is real, paid, bilaterally binding. The parties to the contract are the sender of the goods and the carrier. The subject of the contract is the activity of the carrier in delivering the cargo to the person authorized to receive it.

The forms of the consignment note for certain types of transportation are determined by the relevant charters and codes or in the prescribed manner. As a rule, the waybill is not a written form of the contract; it only certifies its conclusion.

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

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

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

The extent of the carrier's liability for loss, shortage or damage to cargo or baggage is limited to the amount of actual damage caused to the sender or passenger, however, in addition to this, the carrier is obliged to return the freight charge if it is not included in the cost of the cargo 4 .

Transportation of goods is always preceded by agreement on the basic conditions of transportation (timing and number of vehicles required for transportation, as well as the volume and nature of the goods transported). The main objective of such coordination is the most rational and economical use of transportation facilities that meets market demands. During the period when administrative principles prevailed in the regulation of the economy, the overwhelming majority of transportation was planned centrally. That is why sections on transportation planning were included in all transport charters and codes. 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 dated March 6, 1993 No. 207 “On approval of the procedure for organizing the supply and transportation of products (goods) to ensure the national economy and population of the regions of the Far North and equivalent areas” with subsequent amendments // Collection acts of the Russian Federation. 1993. No. 11. Art. 941..

According to the general rule enshrined in Art. 784 of the Civil Code, the 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 reciprocal actions of the parties to the carriage obligation: the carrier must provide serviceable vehicles for loading, and the shipper must present the cargo for transportation(Article 791 of the Civil Code). The prerequisites for concluding a freight transportation contract today can take on 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; V) administrative 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 the consensual contract of carriage (freight agreement, charter), see § 3 of this chapter..

With the application system (orders) shippers provide the carrier with information about their transportation needs. In railway and river transport, ten-day applications are especially distinguished (Article 18 of TUZD), and for export transportation - semi-monthly applications. Submitting an application initiates the process of transporting goods, but is not considered an offer in the contract of carriage.

Contract on organization of transportation is in accordance with the procedure established by Art. 798 Civil Code. This form of relationship between the carrier and the cargo owner is used for 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, cargo in a specified volume within a specified time frame. By its nature, it is not a contract of carriage, it is consensual, mutual in nature and is aimed at ensuring the systematic shipment of goods. Agreements on the organization of transportation received different names in transport charters and codes (annual agreement - on road transport, navigation agreement - on inland waterways, etc.). The essential terms of the contract are the volumes 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, occurs in the manner established by transport legislation. The carrier is obliged deliver vehicles in the quantity agreed upon with the shipper, at a specified time and in a certain place. In established cases and in agreement with the sender, it is allowed to supply means of transportation in greater quantities than indicated in the application (in order of condensation). The deadlines for the supply of transportation means (tonnage) are determined by agreement of the parties or in accordance with regulations. The conditions and procedure for supplying vehicles (on access roads or berths owned by the shipper, or on public tracks and berths) are established by special rules that apply to individual types of transport. Thus, in railway transport, the procedure for supplying cars to access tracks is determined by an agreement for the operation of access roads or an agreement for the supply and removal of cars, taking into account the size of the average daily loading or unloading. The delivery of wagons for loading by the shipper on public tracks is carried out upon prior notification or at certain time intervals. The initially established time for delivery of transportation means 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 sender. In air transport, for example, it will be the location of an airfield (airport) or a specially equipped runway. In road transport, the technical capabilities of which make it possible to deliver vehicles directly to the client’s warehouses, the place of delivery is usually the shipper’s warehouse or another point specified in the order (contract). When transporting by rail and water transport, the means of transport are delivered to stations (piers, moorings), to ports, both public and those owned by the senders.

In accordance with Art. 791 of the Civil Code, the carrier is obliged to submit to the shipper serviceable vehicles in a condition suitable for transportation corresponding cargo. The serviceability and suitability of transportation means must be technical and commercial and ensure the safety of the cargo during transportation. The vehicle is supplied cleaned of cargo residues and debris or washed and disinfected, etc. In this case, the sender of the cargo has the right refuse submitted vehicles that are not suitable for transporting the relevant cargo. On the contrary, checking the commercial suitability of the vehicle is the responsibility of the sender, who, unlike the carrier, knows better 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 is of great importance (Article 124 KTM), which also includes both technical (suitability of the vessel for navigation in general) and its commercial characteristics (suitability for transporting a certain cargo under specific conditions).

The carrier's obligation to deliver the goods corresponds to the responsibility of the sender present the cargo for transportation. Conditions for handing over cargo for transportation vary general, which must be fulfilled in all cases, regardless of the specifics of the cargo, and special, which are used when transporting goods with special properties. The general conditions apply quantities And names cargo, definitions his weights, tare(packaging), markings And value declarations. Special - are installed for goods, the transportation of which requires compliance with special measures and conditions of their transportation. Thus, when transporting many types of cargo, it is necessary to provide a certificate of their quality, and when transporting animals and birds - quarantine (veterinary) documents.

Quantity And genus cargo that is subject to delivery for transportation are determined by the application, the contract for the organization of transportation or the contract of transportation itself. Replacing one cargo with another is permitted with the consent of the carrier. The cargo presented for transportation must be correctly named. Goods requiring protection from loss, deterioration or damage must be presented in in serviceable containers, meeting the 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 cargo. At the sender's discretion, the cargo may be delivered for transportation with declared value. The use of the latter makes it easier to prove the value of the cargo in case of its loss or damage. One of the conditions ensuring the safety and individualization of cargo during transportation is its marking, those. applying certain inscriptions and symbols to the cargo to determine the ownership of the cargo, its characteristics, compliance with safety precautions (for example, “top”, “glass”, “do not tilt”), etc.

Cargo weight can be determined by: a) weighing (air and often other modes of transport); b) a stencil on each piece of cargo; c) according to the standard when transporting goods packed in containers of standard capacity; d) by calculation method (for example, by measurement or by the draft of the vessel); e) conditionally (animals, cars, etc.). The method for determining weight is indicated in transport documents. Unless otherwise provided by law or contract, the weight of the cargo is determined by the person loading it.

By performing these actions, the parties enter into a contractual relationship.

Contract for the carriage of goods and its conclusion. The contract is concluded by the transport organization and the shipper (cargo owner). If, after delivery to the destination, the cargo must be handed over to the sender himself, then the circle of participants in the transportation obligation is limited to this. Most often, however, a third party is indicated as the consignee, who is the sender’s counterparty 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 agreement, and the agreement itself is tripartite in nature (Tarasov M.A. Contract of Transportation. Rostov-on-Don, 1965. P. 123 et seq.; Civil Law. In 2 vols. / Edited by E. A. Sukhanov. M., 1993. T. 2. P. 273. Author - G. P. Savichev). Other authors are of the opinion that in a contract of carriage the sender and the recipient of the cargo are one party to the contract (Libba I.P. Transportation documents under the Charter of the USSR Railways: In the collection “Basic 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. Agreement for the railway transportation of goods. M., 1958. P. 143--144). Finally, the most common point of view is that this is a Treaty in favor of a third party. It appeared back in the 20s (previously, 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: Cherepakhin B.B. Responsibility of the consignee under the Contract of Transportation. Irkutsk, 1927 . P. 7; Gusakov A. G. Railway law according to the legislation of the USSR. M., 1929. P. 47, etc.).

A contract for the carriage of goods is defined as an agreement by virtue of which the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and deliver 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).

It follows from the definition that the contract of freight transportation -- mutual And compensated. It is considered concluded only after the transfer of the goods to the carrier and, therefore, refers to number of real contracts. Only in maritime transport, the contract of carriage, called the contract of affreightment or charter (see § 3), is consensual. Contract for the carriage of goods - strictly formal contract It is always in writing, and often in compliance with the mandatory details established by law.

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

To conclude a contract it is used single document system provided for in paragraph 2 of Art. 785 GK. Filling out and issuing such a document has important evidentiary value. Depending on the type of document used to formalize transportation, the following are distinguished: a) system overhead used on almost all types of transport; b) system bill of lading and c) system charter, usually used in maritime transport. In some cases, systems can be combined.

The procedure for concluding a contract of carriage depends on its nature. The conclusion of the actual contract coincides with 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 the general manner provided for civil contracts.

Freight transport contracts are divided by type of transport into railway, road, inland waterway, sea and air transport contracts. Based on territoriality, they are divided into domestic and international. Depending on the number of transport organizations involved in the transportation of goods, contracts of carriage are distinguished in local, direct And direct mixed message. Local is 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 types of transport are involved, carrying out transportation under a single document drawn up for the entire route (for example, transportation of cargo from St. Petersburg to Volgograd with transshipment by the transport itself in Moscow from railway to water transport) . The procedure for carrying out 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). At present, such a law has not yet been adopted. Modern publications propose to distinguish between direct mixed and combined transportation (for example: Yakushev V. General trends in the development of the law of cargo transportation and their influence 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 transport operations are managed by a single combined transport operator, who is responsible for the cargo throughout its transportation (there is no such operator in ordinary direct multimodal transport). In this case, enterprises of different modes of transport enter into agreements with each other on organizing work to ensure the transportation of goods (nodal agreements, contracts for centralized delivery and export of goods, etc.) in the manner established by transport legislation (Article 799 of the Civil Code). If the cargo travels from St. Petersburg to Moscow using a railway consignment note, and from Moscow to Volgograd - according to a new transportation document issued by the sender after receiving the cargo from the railway, then there is ordinary mixed transportation (co-transportation). It includes two contracts of transportation - by rail and by water.

Elements of cargo transportation obligations. Subjects of the obligation are primarily the carrier and the shipper. Shippers of goods can be any subjects of civil law. On the contrary, a 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. In the future, the term “transport organization” covers both commercial organizations and individual entrepreneurs.. Those persons who, although 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 at the point of departure of the goods. If transportation is carried out within the scope of activity of the transport organization that has entered into the contract, then it is the subject of the contract on the side of the carrier. In case of direct transportation by one type of transport or direct multimodal transportation, an obligatory legal relationship arises with a plurality of persons - co-carriers. Each of them, accepting cargo from the previous organization, fulfills its obligation to transport the cargo on the corresponding section of the movement, arising from the agreement 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 others participating in the fulfillment of the obligation to transport persons as their representative. Representation in this case is based on 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 a consignment note, which indicates the route and transshipment points. Finally, in certain cases, the sole carrier is the combined transport operator. Then there is no plurality of persons on the side of the carrier.

The consignee, who is not the same as 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 transportation obligation - a third party in whose favor the contract is concluded. He 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 benefit of a third party.

Item contract of carriage - 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, and often loading and unloading. Each of these actions, taken separately, resembles the subject of other civil contracts. Thus, the provision of services for the transportation of cargo, as well as the performance of loading and unloading operations, brings the contract of carriage closer to contracts for contracting and paid services. Since the means of transport during the loading period are actually used in the interests of the clientele, there is a similarity between transportation and a rental agreement. The carrier's obligation to ensure the storage of cargo indicates the presence of elements characteristic of storage. The delivery of cargo by a transport organization to the recipient at the direction of the sender resembles the action of an attorney (agent) under a mandate (agency) agreement. However, 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 its accompanying aspects. This purpose in the contract of carriage is the transportation and delivery of goods to their destinations. Performing all of the above actions is only a condition for the proper fulfillment of this obligation by the transport organization. It is this that determines the identification 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 cargo must be delivered to its 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 determined by transport legislation. See, for example: Rules for calculating the time limits for the delivery of goods by rail, approved. By order of the Ministry of Railways of the Russian Federation of September 10, 1998 № TsM-593 // BNA. 1998. No. 29.. and in the absence of such deadlines - within a reasonable time. In a number of cases, in road and sea transportation, delivery times are determined by agreement of the parties, and in its absence, by usually accepted terms (terms that are reasonable to require from a diligent carrier, taking into account specific circumstances - Article 152 of the MCC). For direct multimodal transport, delivery times are determined by the totality of terms calculated on the basis of the rules in force for the relevant modes of transport. The delivery period is met if at the destination the cargo is unloaded by the carrier’s means or the wagons (vessels) are submitted for unloading by the recipient’s means before the expiration of the established (agreed) delivery period. At the same time, special circumstances that caused a delay in delivery of goods are also taken into account. For example, the delay in delivery of goods traveling in direct mixed rail-water communication and remaining in ports or piers after the closure of navigation is not considered a delay in delivery.

Content contracts for the carriage of goods constitute the rights and obligations of the parties. Loading and unloading cargo 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 participants in the carriage obligation depending on the place of loading. Transport organizations independently carry out loading and unloading in public areas. In other places (warehouses, berths, etc.), loading and unloading operations are carried out by the sender and the recipient, respectively, at their expense. The transport organization can undertake this work under special agreements with the clientele. Auxiliary materials or special devices necessary for loading and unloading are provided by the shipper, unless otherwise established by the transportation rules or agreement of the parties. The transport organization is usually not responsible for the failure of the cargo if its loss (damage, spoilage) occurred due to circumstances related to the loading actions of the sender. Only during sea transportation is the carrier responsible for the correct placement, securing and separation of cargo on the ship in all cases.

Loading and unloading carried out by the forces and means of the sender (recipient) of the cargo must be carried out within the period stipulated by the contract, unless such terms are established by transport charters, codes and rules issued in accordance with them (clause 3 of Article 791 of the Civil Code). Most of the current transport acts and rules establish standard unloading periods. In maritime transport, the duration of loading and unloading periods, called lay time (stay), is determined by agreement of the parties, and even more often - by the terms accepted in the relevant ports (Article 130 of the Labor Code). The parties may establish an additional waiting period for the vessel during cargo operations - counter-stay time (counter-stay time). For the demurrage of the vessel during this period, a special fee is also established - demurrage (Article 132 of the KTM). The given terms are a Russian copy of the corresponding English terms that have a similar meaning. If cargo operations are not completed during the counter-stay time, the carrier can send the vessel sailing, even if the loading of the vessel was not completed. At the same time, he retains the right to full remuneration (Article 136 of the Labor Code).

If loading or unloading is not completed within the established time frame, the vehicle becomes idle, for which a fine is collected from the sender or recipient. In case of early loading (unloading), on the contrary, the shipper (consignee) is paid a premium (in case of sea transportation - dispatch). In order to prevent access to cargo and ensure its safety during transportation, separate rooms and containers (holds, covered wagons, tanks, etc.) must be sealed.

Payment of freight charges (maritime freight) and other payments is the most important responsibility of the shipper. Its size is established by agreement of the parties, unless otherwise established by transport legislation (Article 790 of the Civil Code). This exception is made in relation to public transport, where the freight charge takes the form of a fixed tariff, approved in the manner established by transport charters and codes. The size of this tariff is determined by the federal executive bodies and governing bodies of the constituent entities of the Russian Federation

Freight charges must usually be paid by the shipper upon entering into the contract of carriage. It is also possible to transfer the payment obligation to the recipient (see, for example, Article 163 of the Labor Code). The distribution of payment responsibilities also depends on the terms of the agreement 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 of 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 freight charge, the sender is obliged to pay for additional services provided to him (for example, for weighing, for storing cargo). They are paid by agreement of the parties.

The carrier is vested with 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 freight charges and other payments due to him. However, the right of retention may be weakened or canceled by law, other legal acts, contract, or not applied due to its inconsistency with the essence of the obligation that has arisen.

Delivery cargo -- primary responsibility of the carrier. Its execution requires not only compliance with the delivery deadline, 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 measures depending on him 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. A storage fee is charged if the cargo is delivered before the time it is accepted for transportation. After the cargo arrives at its destination, it is stored free of charge for the time established by the rules or 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 type 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.).

During transportation, the contract may undergo two types of changes. Firstly, the shipper has the right to change the consignee indicated 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. Redirection is permitted only with the consent of the carrier. Transportation of goods after redirection is issued with a new consignment note drawn up by the station (port, pier) of redirection. The delivery time of the goods varies. The organization, at the request of which a change was made to 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 settlements between the sender, the original addressee and the actual recipient of the cargo (Article 92-93 UVVT, Article 38- -39 TOUZH.

Performing transactions By extradition and acceptance cargo completes the execution of the contract of carriage. The cargo arriving at the recipient's address must be accepted by the recipient, and, in appropriate cases, also removed from the station (port, pier). Such an obligation lies with the consignee even when the cargo that he did not order 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 under the condition that the quality of the cargo due to spoilage or damage has changed so much that the possibility of its full or partial use is excluded (Article 42 TUZD, Article 96 UVVT, Article 111 VK, Article 72 UAT) .

Receipt of the cargo must be properly formalized, which is covered by the concept clearance of documents or redemption of cargo and is certified accordingly on the invoice (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 relevant mode of transport. Only in case of road transport, which ensures delivery of cargo directly to the recipient’s warehouse, there is not always a need to notify the latter of the arrival of the cargo. Violation of this obligation by the carrier deprives him of the right to collect from the consignee a fee for excess storage of cargo and demurrage of transportation means. In 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 act, and entries in shipping documents.

The consignee is obliged to accept (remove) the cargo within the established time frame. If this condition is violated, he must pay a fee for storing the cargo, which can be increased several times if there is his fault (Article 43 TUZD, Article 98 UVVT). In addition, the delay of the creditor-receiver in this case relieves the carrier of liability for damage to the cargo caused by its untimely acceptance. After the expiration of the established storage periods, the cargo as unclaimed is subject to sale in the prescribed manner. Undocumented cargo is also subject to sale, i.e. cargo that arrived without accompanying documents.

Lecture 26. Transport obligations.

The study of this topic must begin with an understanding of the concept and role of transport and the emergence of the obligation to transport. 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 space. Transport activity is not accompanied by the creation of new things (objects of the material world). Its value lies in the economic effect that is created as a result of the movement of cargo, passengers and luggage to the agreed location. Therefore, transportation relations arise when there is a need for the territorial movement of objects or people using vehicles. Typically, two entities take part in them: the transport organization (the owner of the vehicle) and the person interested in transportation. Being regulated by the rules of law, these relations take the form of legal obligations.

The obligation to transport can be called the core of transport obligations. When implementing it, 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 transportation, is the towing obligation.

Thus, transport are called obligations for the transportation of goods, passengers and luggage, as well as other obligations for the provision of transport services related to transportation, or aimed at moving goods in another way.

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

The Russian transport system includes: railway, river(inland water), nautical, automotive And air transport. In addition, there is also a special type of transport - pipeline.

As a general rule, the transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage. Concluding a contract for the carriage of goods requires the presence of organizational prerequisites . They are embodied in reciprocal actions of the parties to the transportation obligation: the carrier must provide serviceable vehicles for loading, and the shipper must present the cargo for transportation.

The prerequisites for concluding a freight transportation contract today can take on legal forms: a) applications(orders) for railway, river, road and air transport; b) contracts for the organization of transportation(annual, navigation, etc.) on any type of transport; V) administrative 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 itself .

Agreement cargo transportation concluded by the transport organization and the shipper (cargo owner). If, after delivery to the destination, the cargo must be handed over to the sender himself, then the circle of participants in the transportation obligation is limited to this.

Agreement cargo transportation is defined as an agreement by virtue of which the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and deliver it to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods.

Freight transportation contract – mutual And compensated. It is considered concluded only after the transfer of the goods to the carrier and, therefore, is classified as real contracts. Only in maritime transport, the contract of carriage, called the contract of affreightment or charter, is consensual.

A contract for the carriage of goods is always concluded in writing, and often in compliance with the mandatory details established by law.

To conclude a contract it is used single document system. Filling out and issuing such a document has important evidentiary value. Depending on the type of document used to formalize transportation, the following are distinguished:

a) system overhead, used on almost all types of transport;

b) system bill of lading;

c) system charter, usually used in maritime transport.

In some cases, systems can be combined.

Freight contracts are subdivided:

1) by type of transport for contracts of rail, road, inland waterway, sea and air transportation.

2) by territorial basis they are divided into domestic and international.

3) depending on the number of transport organizations, involved in cargo transportation, transportation contracts in local, direct and direct mixed traffic are distinguished.

Subjects obligations are primarily the carrier and the shipper. Shippers 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. Those persons who, although they have a license for transport activities, carry out the movement of goods for their own needs, are not carriers.

The consignee, who is not the same as 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. He 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.

Item contract of carriage – 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, and often loading and unloading. Each of these actions, taken separately, resembles the subject of other civil contracts.

Thus, the provision of services for the transportation of cargo, as well as the performance of loading and unloading operations, brings the contract of carriage closer to contracts for contracting and paid services. Since the transportation means during the loading period are actually used in the interests of the clientele, there is a similarity between transportation and a rental agreement.

Term in a carriage obligation, this is the period of time during which the cargo must be delivered to its destination.

Content contracts for the carriage of goods constitute the rights and obligations of the parties. Loading and unloading of cargo is 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. Responsibilities for loading and unloading are distributed among the participants in the carriage obligation depending on the place of loading. Transport organizations independently carry out loading and unloading in public areas. In other places (warehouses, berths, etc.), loading and unloading operations are carried out by the sender and the recipient, respectively, at their expense. The transport organization can undertake this work under special agreements with the clientele. Auxiliary materials or special devices necessary for loading and unloading are provided by the shipper, unless otherwise established by the transportation rules or agreement of the parties.

Payment of freight charges (maritime freight) and other payments is the most important responsibility of the shipper. Its size is established by agreement of the parties, unless otherwise provided by transport legislation. This exception is made in relation to public transport, where the freight charge takes the form of a fixed tariff, approved in the manner established by transport charters and the Civil Code of the Russian Federation. The size of this tariff is determined by federal executive bodies and governing bodies of the constituent entities of the Russian Federation.

Freight charges must usually be paid by the shipper upon entering into the contract of carriage.

Cargo delivery – primary responsibility of the carrier. Its execution requires not only compliance with the delivery deadline, 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 measures depending on him 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. A storage fee is charged if the cargo is delivered before the time it is accepted for transportation. After the cargo arrives at its destination, it is stored free of charge for the time established by the rules or agreement of the parties, and then for a fee.

According to the general rule enshrined in Art. 784 of the Civil Code, the transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage. Concluding a contract for the carriage of goods requires the presence of organizational prerequisites. They are embodied in reciprocal actions of the parties to the transportation obligation: the carrier must provide serviceable vehicles for loading, and the shipper must present the cargo for transportation (Article 791 of the Civil Code).

The prerequisites for concluding a freight transportation contract today can take on the following legal forms: a) applications (orders) for railway, river, road and air transport; b) contracts on the organization of transportation (annual, navigation, etc.) on any type of transport; c) administrative 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 itself, which is of a consensual nature.

The contract for the organization of transportation is concluded in the manner established by Art. 798 Civil Code. This form of relationship between the carrier and the cargo owner is used for 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 cargo in a specified volume within a specified time frame. By its nature, it is not a contract of carriage, it is consensual, mutual in nature and is aimed at ensuring the systematic shipment of goods. Agreements on the organization of transportation received different names in transport charters and codes (annual agreement - on road transport, navigation agreement - on inland waterways, etc.). The essential terms of the contract are the volumes 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, occurs in the manner established by transport legislation. The carrier is obliged to deliver vehicles in the quantity agreed upon with the shipper, within the stipulated time and at a certain place. In established cases and in agreement with the sender, it is allowed to supply means of transportation in greater quantities than indicated in the application (in order of condensation). The deadlines for the supply of transportation means (tonnage) are determined by agreement of the parties or in accordance with regulations. The conditions and procedure for supplying vehicles (on access roads or berths owned by the shipper, or on public tracks and berths) are established by special rules that apply to individual types of transport. Thus, in railway transport, the procedure for supplying cars to access tracks is determined by an agreement for the operation of access roads or an agreement for the supply and removal of cars, taking into account the size of the average daily loading or unloading. The delivery of wagons for loading by the shipper on public tracks is carried out upon prior notification or at certain time intervals. The initially established time for delivery of transportation means 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 sender. In air transport, for example, it will be the location of an airfield (airport) or a specially equipped runway. When transporting by rail and water transport, the means of transport are delivered to stations (piers, moorings), to ports, both public and those owned by 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 transporting the relevant cargo. The serviceability and suitability of transportation means must be technical and commercial and ensure the safety of the cargo during transportation. In this case, the sender of the cargo has the right to refuse submitted vehicles that are not suitable for transporting the corresponding cargo. On the contrary, checking the commercial suitability of the vehicle is the responsibility of the sender, who, unlike the carrier, has better knowledge of the properties of a particular cargo. For sea transportation, the seaworthiness of the vessel is of great importance, which also includes both technical (suitability of the vessel for navigation in general) and its commercial characteristics (suitability for transporting a certain cargo under specific conditions).

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

The quantity and type of cargo to be delivered for transportation are determined by the application, the contract for the organization of transportation or the contract of transportation itself. Replacing one cargo with another is permitted with the consent of the carrier. The cargo presented for transportation must be correctly named. Goods that require protection from loss, spoilage or damage must be presented in serviceable containers that meet the standards or at least ensure their complete safety. If this requirement is not met, the transport organization has the right to refuse to accept the cargo. At the discretion of the sender, the cargo may be delivered for transportation with declared value. One of the conditions ensuring the safety and individualization of cargo during transportation is its marking, i.e. applying certain inscriptions and symbols to the cargo to determine the ownership of the cargo, its characteristics, compliance with safety precautions (for example, “top”, “glass”, “do not tilt”), etc.

The weight of the cargo can be determined: a) by weighing (air and often other modes of transport); b) a stencil on each piece of cargo; c) according to the standard when transporting goods packed in containers of standard capacity; d) by calculation method (for example, by measurement or by the draft of the vessel); e) conditionally (animals, cars, etc.). The method for determining weight is indicated in transport documents. Unless otherwise provided by law or contract, the weight of the cargo is determined by the person loading it. By performing these actions, the parties enter into a contractual relationship.

Organizational prerequisites for concluding a freight transportation contract. Transportation of goods is always preceded by agreement on the basic conditions of transportation (timing and number of vehicles required for transportation, as well as the volume and nature of the goods transported). The main objective of such coordination is the most rational and economical use of transportation facilities that meets market demands. During the period when administrative principles prevailed in the regulation of the economy, the overwhelming majority of transportation was planned centrally. That is why sections on transportation planning were included in all transport charters and codes. At present, transportation planning, as a rule, is of a technical and economic rather than an administrative and legal nature.

According to the general rule enshrined in Art. 784 of the Civil Code, the 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 reciprocal actions of the parties to the carriage obligation: The carrier must submit serviceable vehicles for loading, and the shipper– present the cargo for transportation(Article 791 of the Civil Code). The prerequisites for concluding a freight transportation contract today can take on 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; V) administrative 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.

With the system applications(orders) shippers provide the carrier with information about their transportation needs. In railway transport, ten-day applications are especially distinguished (Article 18 of TUZD), and for export transportation - semi-monthly applications. Submitting an application initiates the process of transporting goods, but is not considered an offer in the contract of carriage.

Contract on organization of transportation is in accordance with the procedure established by Art. 798 Civil Code. This form of relationship between the carrier and the cargo owner is used for systematic transportation of goods on a long-term basis. The essence of this agreement is that the carrier undertakes to accept within a specified time frame, and the cargo owner – to present for transportation cargo in a specified volume. By its nature, it is not a contract of carriage, it is consensual, mutual in nature and is aimed at ensuring the systematic shipment of goods. Agreements on the organization of transportation received different names in transport charters and codes (annual agreement - in road transport, long-term agreement on the organization of sea transportation - in maritime transport, etc.). The essential terms of the contract are the volumes and terms of provision of vehicles and 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 established by transport legislation. The carrier is obliged submit vehicles in quantity, agreed with the shipper, as stipulated term and in a certain place. In established cases and in agreement with the sender, it is allowed to supply means of transportation in greater quantities than indicated in the application (in order of condensation). The deadlines for the supply of transportation means (tonnage) are determined by agreement of the parties or in accordance with regulations. The conditions and procedure for supplying means of transportation (on access roads or berths owned by the consignor, or on public roads and berths) are established by special rules that apply

travel on certain types of transport. Thus, in railway transport, the procedure for supplying cars to access tracks is determined by an agreement for the operation of access roads or an agreement for the supply and removal of cars, taking into account the size of the average daily loading or unloading. The delivery of wagons for loading by the shipper on public tracks is carried out upon prior notification or at certain time intervals. The initially established time for delivery of transportation means 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 sender. In air transport, for example, it will be the location of an airfield (airport) or a specially equipped runway. In road transport, the technical capabilities of which make it possible to deliver vehicles directly to the client’s warehouses, the place of delivery is usually the shipper’s warehouse or another point specified in the order (contract). When transporting by rail and water transport, the means of transport are delivered to stations (piers, moorings), to ports, both public and those owned by the senders.

In accordance with Art. 791 of the Civil Code, the carrier is obliged to submit to the shipper serviceable vehicles in a condition suitable for transportation corresponding cargo. The serviceability and suitability of transportation means must be technical and commercial and ensure the safety of the cargo during transportation. The vehicle is supplied cleared of cargo residues and debris or washed and disinfected, etc. In this case, the sender of the cargo has the right refuse submitted vehicles that are not suitable for transporting the relevant cargo. On the contrary, checking the commercial suitability of the vehicle is the responsibility of the sender, who, unlike the carrier, has better knowledge of the properties of a particular cargo. For sea transportation, the seaworthiness of the vessel is of great importance (Article 124 of the Code of Labor Code), including both technical (suitability of the vessel for navigation in general) and its commercial characteristics (suitability for transporting a certain cargo under specific conditions).

The carrier's obligation to deliver the vehicle corresponds to the sender's obligation present the cargo for transportation. The conditions for handing over cargo for transportation are general, which must be fulfilled in all cases, regardless of the specifics of the cargo, and special, which are used when transporting goods with special properties. The general conditions apply quantities And names cargo, determining its weight, tare(packaging), markings And value declarations. Special – installed for goods, the transportation of which requires compliance with special measures and conditions of their transportation. Thus, when transporting many types of cargo, it is necessary to provide a certificate of their quality, and when transporting animals and birds - quarantine (veterinary) documents.

Quantity And genus cargo that is subject to delivery for transportation are determined by the application, the contract for the organization of transportation or the contract of transportation itself. Replacing one cargo with another is permitted with the consent of the carrier. The cargo presented for transportation must be correctly named. Goods requiring protection from loss, deterioration or damage must be presented in in serviceable containers, meeting the 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 cargo. At the sender's discretion, the cargo may be delivered for transportation with declared value. The use of the latter makes it easier to prove the value of the cargo in case of its loss or damage. One of the conditions ensuring the safety and individualization of cargo during transportation is its marking, i.e., applying certain inscriptions and symbols to the cargo to determine the ownership of the cargo, its characteristics, compliance with safety precautions (for example, “top”, “glass”, “do not tilt”), etc.

By performing these actions, the parties enter into a contractual relationship.

It follows from the definition that a freight transportation contract is mutual And compensated. It is considered concluded only after the transfer of the goods to the carrier and, therefore, is classified as real contracts. However, the contract of carriage concluded in the form of a charter agreement (Article 787 of the Civil Code) is consensual. Contract for the carriage of goods - strictly formal contract It is always in writing, and often in compliance with the mandatory details established by law.

To conclude a contract it is used single document system, provided for in paragraph 2 of Art. 785 GK. Filling out and issuing such a document has important evidentiary value. Depending on the type of document documenting transportation, the following are distinguished: a) system overhead, used on almost all types of transport, and b) the system bill of lading, usually used in maritime transport. In some cases, systems can be combined.

tion, 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 types of transport are involved, carrying out transportation under a single document drawn up for the entire route (for example, transportation of cargo from St. Petersburg to Volgograd with the carriers themselves transshipping cargo in Moscow from railway to water transport ). The procedure for carrying out 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). In this case, enterprises of various types of transport enter into agreements with each other on the organization of work to ensure the transportation of goods (nodal agreements, contracts for centralized delivery and export of goods, etc.) in the manner established by transport legislation (Article 799 of the Civil Code). If the cargo travels from St. Petersburg to Moscow using a railway consignment note, and from Moscow to Volgograd – according to a new transportation document issued by the sender after receiving the cargo from the railway, then there is ordinary mixed transportation (co-transportation). It includes two contracts of transportation - by rail and by water.

Elements of cargo transportation obligations.Subjects of the obligation are primarily the carrier and the shipper. Shippers of goods can be any subjects of civil law. On the contrary, the carrier can only be a commercial organization or an individual entrepreneur entitled to carry out freight transportation by law or on the basis of a license. Those persons who, although they have a license for transport activities, carry out the movement of goods for their own needs, are not carriers.

In direct transportation by one type of transport or direct multimodal transportation, an obligatory legal relationship arises with a plurality of co-carriers. Each of them, accepting cargo from the previous organization, fulfills its obligation to transport the cargo on the corresponding section of the movement, arising from the agreement 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 fulfillment of the transportation obligation as their representative. Representation in this case is based on 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 a consignment note, which indicates the route and transshipment points. Finally, in certain cases, the sole carrier is the combined transport operator. Then there is no plurality of persons on the side of the carrier. The consignee, who is not the same as 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

parties with the sender, nor as a person accepting execution for the sender. Thus, a contract for the carriage of goods is a contract in favor of a third party.

Item contract of carriage – 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, and often loading and unloading. Each of these actions, taken separately, resembles the subject of other civil contracts. Thus, the provision of services for the transportation of cargo, as well as the performance of loading and unloading operations, brings the contract of carriage closer to contracts for contracting and paid services. Since the means of transport during the loading period are actually used in the interests of the clientele, there is a similarity between transportation and a rental agreement. The carrier's obligation to ensure the storage of cargo indicates the presence of elements characteristic of storage. The delivery of cargo by a transport organization to the recipient at the direction of the sender resembles the action of an attorney (agent) under a mandate (agency) agreement. However, 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 its accompanying aspects. This purpose in the contract of carriage is the transportation and delivery of goods to their destinations. Performing all of the above actions is only a condition for the proper fulfillment of this obligation by the transport organization. It is this that determines the identification of the contract of carriage in the system of obligations as an independent one.

Term in a carriage obligation, this is the period of time during which the cargo must be delivered to its destination. In accordance with Art. 792 of the Civil Code, the carrier is obliged to deliver the cargo to the destination within the time limits determined by transport legislation, and in the absence of such terms - within a reasonable time. In a number of cases, in road and sea transportation, delivery times are determined by agreement of the parties, and in its absence, by usually accepted terms (terms that are reasonable to require from a diligent carrier, taking into account specific circumstances - Article 152 of the MCC). For direct multimodal transport, delivery times are determined by the totality of terms calculated on the basis of the rules in force for the relevant modes of transport. The delivery period is met if at the destination the cargo is unloaded by the carrier’s means or the wagons (vessels) are submitted for unloading by the recipient’s means before the expiration of the established (agreed) delivery period. At the same time, special circumstances that caused a delay in delivery of goods are also taken into account. For example, the delay in delivery of goods traveling in direct mixed rail-water communication and remaining in ports or piers after the closure of navigation is not considered a delay in delivery.

Only during sea transportation is the carrier responsible for the correct placement, securing and separation of cargo on the ship in all cases.

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

If loading or unloading is not completed within the established time frame, the vehicle becomes idle, 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 transport - dispatcher). In order to prevent access to cargo and ensure its safety during transportation, separate rooms 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, paragraph 8 of Article 79 of the KVVT, paragraph 2 of Article 160 of the KTM, etc.) in order to ensure the freight charges and other payments due to him. However, the right of retention may be weakened or canceled by law, other legal acts, contract, or not applied due to its inconsistency with the essence of the obligation that has arisen.

Cargo delivery– the main responsibility of the carrier. Its execution requires not only compliance with the delivery deadline, 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 measures depending on him 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. A storage fee is charged if the cargo is delivered before the time it is accepted for transportation. After the cargo arrives at the point

destination, it is stored free of charge for the time established by law or agreement of the parties, and then for a fee.

During transportation, the contract may undergo two types of changes. Firstly, the shipper has the right to change the consignee indicated 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 conditions vary mainly depending on mode of transport. Thus, in inland waterway, road, sea and air transport, redirection is subjective right persons and, as a general rule, does not depend on the consent of the carrier (Article 78, paragraph 6 of Article 79, Article 84 of the KVVT, paragraph 3 of Article 72 of the UAT and section No. 8 of the General Rules for the Transportation of Goods by Road, paragraph 2 Art. 149, Art. 153 KTM, Art. 110 VK). In railway transport, redirection is possible only with the consent of the carrier, and therefore, until such consent is obtained, the consignor (consignee) does not have a subjective right to redirection (Articles 37, 49, 50 TUZD, clauses 2, 9 of the Rules for redirection of goods by rail).

Transportation, depending on the type of transport, can be formalized during redirection with new transportation documents drawn up by the station (port, pier) of redirection (in particular, a waybill, an electronic consignment note) or carried out using the same documents. When cargo transportation time increases due to redirection, its delivery time changes. The person at whose request the consignee or the destination of the cargo has been changed is responsible for the consequences of these changes and is obliged to settle settlements between the sender, the original addressee and the actual recipient of the cargo (Clause 3 of Article 78 of the Civil Code of the Russian Federation, Articles 38 - 39 of the Customs Union, Clause 19 Rules for the redirection of goods by rail).

Performing transactions for issuance and acceptance cargo completes the execution of the contract of carriage. The cargo arriving at the recipient's address must be accepted by the recipient, and, in appropriate cases, also removed from the station (port, pier). On railway transport during any transportation (Article 49 of TUZD), and on road transport during international transport or during centralized removal of goods from railway stations, from ports (piers) and from airports (Part 4 of Article 72 of UAT), such responsibility lies with the shipper even when the cargo that he had not ordered 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 under the condition that the quality of the cargo due to spoilage or damage has changed so much that the possibility of its full or partial use is excluded (Article 42 TUZD, Article 79 KVVT, Article 111 VK, Article 72 UAT) .

We require 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 act, and entries in shipping documents.

The consignee is obliged to accept (remove) the cargo within the established time frame. If they are violated, the costs of storing cargo beyond the free storage period are assigned, depending on the type of transport and the stage of development of the transportation obligation, to the consignee, the consignor or (in maritime transport) to any person authorized to dispose of the cargo (Article 43 TUZD, clause 1 Art. 112 VK, paragraph 3, Art. 79 KVVT, Art. 159 KTM). After the expiration of the established storage periods, the cargo as unclaimed is subject to sale in the prescribed manner. Undocumented cargo is also subject to sale, i.e. cargo that arrived without accompanying documents.