States interested in expanding the activities of their transport organizations in international communications have always sought international cooperation in order to develop uniform (unified) rules for the carriage of goods and regulate other major problems of merchant shipping, land and air communications. As a result of these efforts at the international level, a significant number of international agreements on certain modes of transport have been concluded, which are called "transport conventions".

Railway transport. The following main conventions and agreements are in force in railway transport:

Convention on International Carriage by Rail (as revised in 1980);

Agreement on International Rail Freight Traffic, 1953;

International Convention on the Facilitation of Conditions for the Carriage of Goods by Rail Across Borders, 1952;

The Soviet-Finnish agreement of 1947;

Soviet-Turkish agreement of 1961;

The Soviet-Austrian agreement of 1969, supplemented by the International Tariff for Carriage;

1970 Soviet-Iranian agreement;

Agreements on direct rail transport with the Baltic countries (Latvia, Lithuania, Estonia), concluded in 1992

An important role in activities aimed at improving the efficiency of railway transport is played by International Union of Railways(UIC) - International Union of Railways (UIC), created by the decision of the International Economic Conference in May 1922 in Genoa; the headquarters of the UIC is located in Paris.

The goal of the UIC is to improve the conditions for the construction and operation of railways engaged in international traffic, to coordinate and standardize the core activities of related international organizations, and to communicate with national railway administrations.

Railway administrations that are in charge of at least 1,000 km of railway lines officially open for passenger and freight traffic can be UIC members.

In 1950, the UN Economic and Social Council granted the UIC “B status”, which means the right of representatives of the Union to attend sessions of various UN bodies, including the UN Economic Commission for Europe (UNECE), with an advisory vote.

The International Council of Railways is conducting research on the future development of railway transport for the next 10-15 years:

trends in the global demand for rail transportation;

prospects for the development of high-speed international communications;

development of competitive modes of transport;

prospects for the development of combined transport.

The most important issues resolved by the UIC during its activity are the following:

Determination of the cost of rail transportation;

Selection of the most rational international transportation routes;

Development of standard types of freight cars, new types of automatic couplers and automatic brakes.

More than 60 railway administrations of countries and territories of the world are UIC members.

The oldest international organizations include International Association of Railroad Congresses(IRCA) - International Railway Congress Association (IRCA), founded in 1885 in Brussels. The goal of the association is to promote the development of railway transport, its technical progress, the development of research work, the holding of congresses and other mutual meetings of the members of the IADC. The association includes 27 governments, 14 organizations and 94 railway administrations.

International Committee for Railway Transport(CIT) - International Railway Transport Committee (CIT) was established in 1902; headquartered in Bern. CIT includes railway administrations, road transport organizations and shipping organizations from 31 European countries. The total number of CIT is over 300 members. The most important area of ​​the Committee's activity is the development of measures to ensure:

safety and timeliness of delivery of goods and baggage;

rules for accepting cargo and baggage for carriage;

rules for dispatch, transfer and delivery of cargo and baggage;

the procedure for the carriage of passengers on the basis of the provisions of international conventions on the carriage of passengers, baggage and cargo.

One of the first international agreements regulating transportation by rail was International Convention for the Carriage of Goods by Rail, concluded by European governments in 1890 in Bern and is the basis for the legal regulation of commercial activities in international rail transport. As a follow-up to this Convention in 1914, a transport International trade convention(CIM), which was a set of basic transport rules for European railways. Subsequently, the CIM Convention has been revised and supplemented many times. Currently, there is a single Convention on International Carriage by Rail(COTIF) (revised 1980) containing the combined text of the Berne Conventions. The majority of European and a number of Asian and African countries are parties to the Berne Conventions, but the CIS countries are not among them.

The main goal of COTIF is to create a uniform legal system applicable to the carriage of passengers, baggage and cargo in direct international traffic between member states and in the field of application and development of this system. The provisions of CIM (COTIF) can also be applied for international multimodal transport using rail, river and sea transport.

The International Committee for Railway Transport develops and publishes guidance documents for solving specific problems related to the application of COTIF.

Since 1951, the transportation of export and import goods has been organized and carried out by rail in our country on the basis of the rules, tariffs and documents of the Agreement on the carriage of goods by rail in direct international freight traffic, concluded between the transport departments of eight European countries (Albania, Bulgaria, Hungary , GDR, Poland, Romania, USSR and Czechoslovakia). In July 1953, the railways of Mongolia, China and North Korea joined this Agreement. The agreement was somewhat modified and supplemented and became known as Agreement on International Rail Freight Traffic(SMGS). Later, the railways of Vietnam and Cuba joined this Agreement.

To fulfill the conditions of the SMGS and to strengthen transport links between the countries that signed it, in 1956 in Sofia at the Conference on International Communications, a non-governmental International Organization for Cooperation between Railways(OSJD).

After the formation of the CIS, Belarus, Latvia, Lithuania, Slovakia, Estonia, Moldova and Ukraine joined the OSJD member countries in 1990. As a result of the changes that took place in 1992, 19 states became OSJD members. The unification of Germany influenced the form of further participation of German railways in OSJD - they received the status of an observer.

The new areas of activity of this organization are:

the extension of Western European international rail links to the eastern shores of Asia;

introduction of modern technical means and technologies;

gradual formation of a unified international transport law;

cooperation in the field of transport policy and environmental issues.

By the beginning of 1996, the railway systems of Azerbaijan, Albania, Belarus, Bulgaria, Hungary, Vietnam, Georgia, Kazakhstan, Kyrgyzstan, China, North Korea, Cuba, Latvia, Lithuania, Moldova, Mongolia, Poland, Russia, Romania, Slovakia became OSJD members , Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Czech Republic and Estonia - a total of 26 states.

Of particular importance for the work of this organization is the program for improving rail links between Europe and Asia, adopted in 1994. In the process of implementing this Program, the main railway lines connecting Europe with Asia have been identified, taking into account the work carried out in Europe within the framework of the UIC, UNECE, the TEJ (Trans-European Railway) program, as well as in the framework of the UN Economic and Social Commission for Asia and the Pacific (ESCAP); promising freight and passenger flows between Europe and Asia.

In connection with the termination of the activities of the Council for Mutual Economic Assistance (CMEA), Romania, Poland, Hungary, the Czech Republic and Slovakia withdrew from the SMGS. However, the main provisions of this document in relation to these countries (with the exception of Romania) remain in force and will be replaced by documents that are planned to be concluded in the future.

The following basic provisions are fixed in the SMGS:

Cargoes can be transported by railways of two or more countries under one transport document - an international consignment note. In this case, transportation is called direct international traffic;

Transportation is divided into direct rail (only railways are involved) and direct mixed (except for rail, other types of transport are involved);

Direct international railway communications are reloading, when goods are reloaded from wagons of one gauge to wagons of another, and unloading, when goods are not reloaded, and the bodies of wagons are transferred to bogies of a different gauge;

Direct international railway communications can also be uninterrupted if the gauge of neighboring countries is the same (Mongolia, Finland and separate lines in Poland, Slovakia and North Korea have the same gauge as the roads of the Republic of Belarus).

Thus, the SMGS regulates the relationship between the railways of the participating countries in the implementation of international transport by them: when the sender enters into an agreement with one of the railways of the participating countries for the dispatch of goods, at least one other railway of the other participating country subsequently also participates in this transportation.

The main goal of the SMGS is the creation of a unified regulation in matters related to the conclusion of an international contract of carriage, with the content of the mutual rights and obligations of the parties to the contract, the result of its failure and the settlement of claims as a result, as well as the rights and obligations of the person in favor of whom the transportation was carried out (consignee) ...

The SMGS rules have been changed and supplemented several times. Each railway participating in the SMGS is obliged to transport all goods, except for those specifically named, unless the internal rules of the route of departure provide for a different order. The carriage of goods is carried out between all stations open in the internal communications of the countries whose railways participate in the SMGS. The following are not allowed for transportation in direct railway traffic:

items that constitute a monopoly of the postal department in at least one of the countries whose railways are involved in the transportation;

explosive shells, firearms and ammunition, except for hunting and sports;

explosives, compressed, liquefied and gases dissolved under pressure, spontaneously combustible substances, as well as radioactive substances;

cargo carried by small consignments weighing less than 10 kg;

cargo weighing more than 2.5 tons in covered wagons with a non-opening roof in transshipment lines.

In accordance with the SMGS, some goods are allowed for carriage subject to special conditions, which are previously agreed by the central authority of the departure road with the central authorities of transit and destination roads.

The contract of carriage is considered concluded from the moment of acceptance for carriage by the station of departure of the goods together with the waybill. Acceptance of cargo for carriage is certified by imposing on the consignment note the calendar stamp of the departure station, which is evidence of the conclusion of the contract of carriage. Acceptance and dispatch of cargo by wagonload and small shipments is carried out according to the internal rules of the railways of the country of departure.

A railway that has accepted the goods for carriage under the SMGS consignment note is responsible for carrying out the carriage all the way until the goods are dispensed at the destination station, and in the case of re-shipment of goods to countries whose railways do not participate in the SMGS, until the carriage is issued under another international consignment note. agreement. Each subsequent railway, accepting the cargo together with the waybill, thereby enters into the contract of carriage and assumes the obligations arising under it.

The heads of the railway administrations of the CIS countries, striving to ensure the uninterrupted operation of the railways, already in 1992 signed Agreement on the basic principles of operational work of the railways of the CIS countries in the transition period. At the same time, the regulatory documents of the Ministry of Railways of the Republic of Belarus, which were in force at the time of signing the Agreement, were left unchanged. The main normative act governing the conditions of international carriage of goods in the territory of the former USSR, with the exception of the Baltic countries, remains the SMGS, which regulates the relationship between the parties under the contract of carriage within the CIS. Asian countries - China, Vietnam, North Korea, Mongolia - remain full-fledged participants in the SMGS, since they have not denounced or withdrawn from it. This group of countries is fully subject to the jurisdiction of this regulatory document.

In addition to the main text, the SMGS member countries adopted the Unified International Transit Tariff (ETT) and the addition to it - the International Railway Transit Tariff (MTT), the SMGS Service Instruction, the Rules for the Use of Wagons (WVR). There is also a Tariff Agreement for the carriage of foreign economic goods, paid in foreign currency, between the railways of the CIS countries. Thus, a unified approach was created to concluding an international contract for railway carriage in compliance with the mutual rules and obligations of the parties, a unified procedure for considering claims and filing claims.

On the basis of the SMGS principles, the Republic of Belarus has concluded a number of bilateral agreements on rail transport with all border countries. These agreements contain the main agreements on the organization of railway communication, a tariff developed on its basis on the conditions of carriage, a number of additional agreements, service instructions, and rules for collecting payments.

Soviet-Finnish agreement it has been applied since December 1947. In 1972, the tariff for the carriage of goods, service instructions and calculation rules were issued. Acceptance of goods for transportation is carried out mainly according to the rules of the country of departure. The terms of delivery of goods at high and low speeds have been determined, and the sender has the right to demand transportation in one country at a low speed, and in another - at a high speed.

Railways are exempt from liability if they prove that the loss occurred through the fault of the person entitled to dispose of the cargo, as well as due to defects inherent in the cargo itself, or due to force majeure.

According to Soviet-Turkish agreement acceptance of goods is carried out according to the internal rules of the country of departure, and their release - according to the internal rules of the country of destination. However, upon delivery of the goods for transportation, the sender is obliged to declare its value in the currency of the country of departure. The transportation rules do not contain instructions on the responsibility of the railways in case of delay in delivery.

Soviet-Austrian agreement supplemented by the International Tariff for Carriage (CAT), service instructions and settlement rules. The parties to the agreement are also the railways of the transit countries: Hungary, Czech Republic, Slovakia; later it was joined by the railways of Poland. When presenting the goods for carriage, the legislation of the country of departure is applied, taking into account some special rules. Carriage charges are calculated on transit railways according to the CAT rules. The agreement provides for the delivery time of goods. Railways are exempt from liability for the safety and delivery time of the goods if it is established that the violation of the contract was caused by circumstances that the carrier could not prevent. In case of delay in delivery of goods, the railways pay a fine, the amount of which, depending on the delay, is 6 ... 20% of the freight charge.

Soviet-Iranian agreement contains special rules for the carriage of goods in containers and in transit. Acceptance of cargo for transportation is carried out according to the internal rules of the country of departure, but subject to a number of special conditions set forth in the Agreement. For many of the conditions of carriage, the Agreement refers to the domestic laws of the countries.

In 1992 concluded agreements on direct rail transport with the Baltic countries(Latvia, Lithuania, Estonia).

In order to rationalize and coordinate transport policies by the national railway administrations, in 1992, the Railroad Council. The concluded agreements, as well as decisions made by this body, operate and create legal, economic and organizational conditions for the unhindered transportation of goods between the Republic of Belarus, the CIS states and the Baltic countries, as well as transit through their territories. The current procedure for the implementation of international transport, established by the previously concluded intergovernmental agreements between the USSR and other countries, has been preserved, as well as the effect of conventions and other agreements in the field of railway transport, to which the USSR was a party.

Since the Republic of Belarus and the CIS countries are not members of the CIM (COTIF), and the Czech Republic, Slovakia, Romania, Poland and Hungary are, when sending export goods to Western European countries, consignors of the Republic of Belarus and the CIS countries write out the SMGS consignment note and address it to the head of the border station of the above countries. At the border station, the cargo is re-dispatched to the recipient's address and a new document is issued - the CIM invoice, according to which the cargo is sent to the final destination station. A similar way of invoice registration is applied in import in the opposite direction. In the event of damage to cargo on the CIM (COTIF) roads, the railways' liability limit is set at 17 units of account per 1 kg of cargo. Unit of account (abbreviated SDR) is a unit of Special Drawing Right that the International Monetary Fund defines for its members.

Agreements on the international carriage of goods cannot operate without proper regulation of the technical and legal relationships of border (neighboring) railways participating in such operations. This goal is served by agreements on the organization of international railway communication of a regional nature, which are diverse in their structure and content. For example, border railway agreements, which determine the operation of border stations, regulate transport and technical relations between bordering railways and the mutual responsibility of the parties in the event of damage. Service instructions determine the procedure for the personnel of bordering railways to carry out transport and commercial operations when receiving, transporting and issuing international cargo (agreement on the mutual use of wagons and other means of transportation; agreement on mutual settlements, etc.).

Automobile transport. The following main conventions and agreements are in force in road transport:

Convention on the Contract for the International Carriage of Goods by Road, signed at Geneva on May 19, 1956; Protocol to the Convention on the Contract for the International Carriage of Goods by Road dated 07/05/1978;

Convention on the Contract for the International Carriage of Passengers and Luggage by Road (KDPP), 1973; Protocol to the 1978 Convention on the Contract for the International Carriage of Passengers and Luggage by Road;

1975 European Agreement on Main International Traffic Arteries (AGR);

Convention on the Taxation of Road Vehicles Used for the International Carriage of Goods, 1950;

European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) 1957 (as amended in 2005 - ADR-2005);

Customs Convention on the International Carriage of Goods under the Application of the International Road Transport Carnet (TIR) ​​dated 11/14/1975.

The issues of cooperation between countries in the field of road transport in the interests of road safety and environmental protection on an ongoing basis within the framework of international organizations have been developed and implemented for several decades.

There are about 40 international organizations dealing with road transport issues. Among them, the most authoritative are the UNECE Inland Transport Committee and the International Road Transport Union.

Inland Transport Committee(ITC) UNECE was established in 1948 as an intergovernmental body for the development of regional cooperation in the field of all types of inland transport. All UNECE member countries are members of the UNECE ITC.

With the active participation and assistance of international non-governmental organizations, the UNECE ITC has developed a number of conventions, agreements, recommendations and norms not only to simplify international transport, but also to unify and improve national norms. In the field of road transport alone, the UNECE ITC has developed about 40 international conventions and agreements, as well as more than 50 uniform prescriptions (rules) for the construction of vehicles.

In addition, with the participation of the UNECE ITC, a system of compulsory civil liability insurance of vehicle owners for damage caused - the “green card” system, has been worked out.

The activities of the ITC UNECE reflected all the issues, without the solution of which it would be impossible to organize international road traffic and the transportation of passengers and goods. On the basis of regulatory documents developed and adopted within the framework of the UNECE ITC, bilateral agreements are concluded on international road traffic, on the international transport of passengers and goods between countries, in which issues related to the organization and implementation of these transportations are defined in more detail.

International Road Transport Union(IRU) - International Road Transport Union (IRU) was founded in March 1948 at the initiative of European road and road transport associations; the headquarters of the IRU is located in Geneva. The main goal of the IRU is to promote the development of international road transport in the interests of road carriers and the road transport economy in general. The IRU includes more than 150 associations and unions from 45 countries, including the Belarusian Association of International Road Carriers (BAMAP). The full members of the IRU are 95 associations (national unions of carriers), which are directly involved in all spheres of the Union's activities, the rest are members of the IRU as associate members. The main activities of the IRU are as follows:

Study and search for practical ways to solve problems on such aspects of international road transport as crossing state borders, liberalizing the licensing system, reducing or completely eliminating taxes and fees, improving the quality of customer service, working and resting drivers performing international transport, etc. .;

Coordination and support of national activities for the development of national and international transport, representation of all its members before international and national governmental and non-governmental organizations related to the activities of road transport;

Creation of reference and informational materials;

Publication of research results on international road transport, handbooks with data on IRU members.

On behalf of the ITC UNECE, the IRU is the body responsible for the operation of the TIR system in transport and within the framework established by the Customs Convention on the International Carriage of Goods under the Cover of TIR Carnets (TIR Convention).

The main document defining and regulating the commercial conditions of international road freight transport is Convention on the Contract for the International Carriage of Goods by Road(CMR), developed within the framework of the UNECE ITC and entered into force on July 2, 1961. 25 countries participate in it, including the Republic of Belarus (the USSR joined the CMR Convention in 1983). The IRU is responsible for the practical application of CMR.

The Convention is an international agreement (treaty) with supreme legal force in the regulation of road transport of goods, defines the legal mechanism used in the field of international transport links and contributes to the implementation of more rational and efficient international road transport. At present, almost all European countries, as well as a number of Asian and African countries, are participating in it.

The scope of this Convention is the responsibility of the carrier, the conclusion and execution of the contract of carriage, claims and claims, the organization of carriage by several carriers, the invalidity of the conditions deviating from the Convention, the final clauses. The CMR provisions apply to contracts for the carriage of goods by road if the place of departure and destination of the goods is in two states, of which at least one is a party to the Convention. In this case, the consignment note must include a clause on the subordination of the carriage to the provisions of the CMR.

According to the CMR, an international road transport contract is drawn up by a CMR consignment note signed by the sender and the carrier. The form of CMR consignment note is established by the IRU. The Convention defines the list of information that must be indicated in the consignment note, the minimum number of copies of the consignment note to be filled in for each consignment, the responsibility of the sender and the carrier, sets a limit on the amount of compensation for damage and loss of cargo or delay in its delivery, the procedure and terms for considering claims and claims, arising from international road transport of goods.

Upon acceptance of the cargo by the carrier, the CMR imposes on him the obligation to check the correctness of the invoice data on the number of places, their marking, the external condition of the cargo, and its packaging.

The delivery time of the cargo is determined by the agreement of the parties. If this has not been done, such is the period of time required for the delivery of the goods in a reasonable manner by a bona fide carrier.

The CMR defines in detail the rights of the sender and the consignee to dispose of the goods and the procedure for action in case of obstacles to the carriage and delivery of the goods, the conditions and limits of the carrier's liability. The carrier is released from liability if the failure to preserve the cargo and delay in delivery are caused by circumstances that he (the carrier) could not eliminate.

For violation of obligations assumed under the contract, the parties are responsible on the basis and in the amounts established in the CMR. Any limitation or increase in liability is not permitted. The limitation or exclusion of liability does not apply if the carrier has caused damage by his willful misconduct or by such an act which, according to the law applied by the court examining the case, amounts to willful act.

The carrier is responsible for the non-preservation of the cargo (loss, shortage, damage or damage) that occurred in the period between the acceptance of the cargo for transportation and its delivery. The carrier is released from liability if he proves the following facts:

The failure to preserve the cargo occurred through the fault of the person eligible under the contract as a result of the order of the latter;

The failure to preserve the cargo could be the result of one or several risks, including the use of open or uncovered bodies of motor vehicles (ATS), if their use was mentioned in the waybill; malfunction of packaging of goods, by their nature, subject to non-preservation without proper packaging; if loading, stacking, unloading was carried out by the sender or the recipient, or by third parties on their behalf; the cargo is subject by its properties to complete or partial loss, deterioration or damage due to breakage, decay, shrinkage, leakage, natural loss; insufficient or unsatisfactory quality of GM marking or numbering.

If the carrier proves that the non-preservation of the cargo could have occurred due to at least one of these risks, the presumption is assumed that the loss, damage or damage occurred through the fault of the sender. However, the claimant or claimant can prove that the damage was not caused by these risks.

The consignee has the right to consider the cargo lost and demand compensation as for its loss if the cargo was not delivered to its destination within 30 days after the expiration of the established delivery period or 60 days from the date of acceptance of the cargo for transportation (if the delivery time has not been set). Damage caused by full or partial loss of cargo is compensated in the amount of the value of the lost cargo, and in case of damage or damage - in the amount of the amount by which the value of the cargo has decreased. In addition, freight charges, customs fees and duties and other costs associated with the carriage of goods are subject to reimbursement. Any other loss will not be reimbursed.

The amount to be reimbursed for unsafe transportation is determined by the value of the cargo at the time and place of acceptance for transportation. When determining the value of the cargo, the officially established prices and exchange quotes should be taken into account, and in their absence - the usual value of goods of the same kind and quality. Reimbursement is limited to a lump sum, which cannot exceed 8.33 SDR units (as defined by the International Monetary Fund) per kg of gross missing weight.

In the event of a delay in the delivery of the goods (the agreed waybill), the carrier must return part of the carriage charge, the amount of which for each calendar day of delay in the delivery of the goods is specified in the waybill.

The consignor is responsible for all costs of the carrier and losses caused to him as a result of inaccuracy or insufficient indication of the following information:

Mandatory instructions in the consignment note concerning: name and address of the consignor; the place and date of acceptance of the goods for carriage and the intended place of delivery;

the accepted designation of the nature of the cargo and the method of packing it;

GM numbers, markings and numbers; gross weight of the cargo (or the amount of cargo in other units);

Directions required to complete customs and other formalities;

All other indications that, if necessary, can be entered on the consignment note:

prohibition of cargo transshipment;

list of shipping documents handed over to the carrier;

expenses that the shipper accepts at his own expense; border crossing points; instructions for the carrier on cargo insurance, etc .;

Other directions and instructions given by the consignor for the preparation of the consignment note or inclusion in it.

The carrier's liability is limited to the maximum set by the CMR. Of particular practical importance are the provisions of the CMR on the filing of claims and claims against the carrier. So, in relation to obvious defects of the cargo, objections must be made before the end of the delivery of the cargo, and regarding hidden defects - in writing within seven days after delivery.

The provisions of the CMR are guided by European countries when concluding bilateral agreements on international road transport. Accordingly, international road freight traffic is also regulated by bilateral agreements of the Republic of Belarus both with the countries of Eastern Europe (former socialist countries) and with almost all countries of Western Europe.

The parties shall in advance exchange proposals on the organization of transportation, which contain the following data: the name of the carriers; routes and stops; period of operation; frequency of movement; timetable; tariffs; economic feasibility studies for the operation of lines. After discussing the proposals, the parties transfer permits to each other for the passage of road transport on the territory of their country.

The permitting system for international transportation of goods is used to regulate the number of foreign trucks entering the country and to protect the interests of national carriers. The procedure and conditions for obtaining permits in most countries are usually determined by bilateral agreements on international road traffic. The Republic of Belarus has signed and initialed bilateral agreements in the field of road transport with more than 40 states.

The Ministry of Transport of the Republic of Belarus, on the basis of signed intergovernmental agreements, annually agrees with the countries on the contingent of permits issued by the parties for international carriers, which allows, by limiting the number of permits, to regulate the international road transport market, which is important for the country's economy, and to protect the interests of Belarusian carriers.

If the transportation is carried out between countries that have not concluded bilateral agreements among themselves, permits can be issued on a one-time basis when contacting the competent authorities, or these bodies can unilaterally establish a contingent of permits for carriers of another country.

Belarusian permits and permits of countries with which bilateral agreements have been concluded refer to permits of a one-time nature (outbound and (or) return flight) and can be issued for a certain number of flights. There is also a multilateral agreement on the establishment of a common contingent of multiple permits (within the framework of the European Conference of Ministers of Transport - ECMT). Such permits are very convenient for carriers, as they are valid on the territory of all contracting countries for a certain period (for example, 1 year).

When concluding bilateral agreements on international traffic, the agreements include articles with a list of goods for the carriage of which no permits are required. Such cargo includes movable property during relocation, exhibition cargo (exhibits, equipment and materials), animals, sports equipment for competitions, theater props, musical instruments, equipment and accessories for filming, radio and television broadcasts, bodies and ashes of the deceased, damaged ATC.

Obtaining special permits is necessary for the transportation of non-standard (oversized and heavy) or dangerous goods and the use of non-standard vehicles.

International transportation of passengers and goods of the vehicle is carried out only under the condition of compulsory advance insurance of the carrier's civil liability to third parties. Each carrier is obliged to insure its civil liability in advance for each vehicle performing the specified transportation.

With regard to border, customs and sanitary control, the provisions of the relevant international agreements and conventions, to which both parties are parties, apply, and when resolving issues not regulated by these international agreements, the domestic legislation of each country should be applied. Settlements and payments for carriage made on the basis of bilateral agreements are made in accordance with the agreements on settlements and payments in force between the countries. Intergovernmental agreements provide that in the event of violation of these agreements by the carrier, the competent authority of the country of the carrier at fault, at the request of the competent authority of the country where the violation was committed, must take the necessary measures to ensure the implementation of the agreement, and inform each other of the measures taken.

Air Transport. The following main conventions and agreements are in force in air transport:

Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention), signed in 1929 (regulates passenger and freight traffic); Convention Protocols for the Unification of Certain Rules Relating to International Carriage by Air (Hague Protocol 1955, Guadalajara Protocol 1961, Guatemala Protocol 1971, Montreal Protocol 1975);

Chicago Convention on International Civil Aviation for Non-Scheduled (Charter) Services, 1944

Air transport, which appeared at the beginning of the 20th century, has a dense network of air lines that encircle the regular transportation of passengers, mail and cargo not only between countries, but also between all major cities of the world. In a relatively short period of time (about 40 years), passenger traffic on international routes has increased almost 42 times.

This situation has given rise to international problems related to the harmonization of technical issues and the development of legislation, the exchange of technical and economic information to ensure the safety and regularity of international flights. Relevant intergovernmental and non-governmental international organizations are active participants in solving these problems. Before World War II, there were only five such organizations, and by 1997 there were already more than fifty.

The most authoritative and representative international organization in the field of air transport is International Civil Aviation Organization(ICAO) - International Civil Aviation Organization (ICAO) - a specialized UN agency uniting more than 150 states; headquartered in Montreal. The organization was created on the basis of the Chicago Convention, which entered into force in 1947.

The main functions of ICAO are as follows:

Preparation of draft international conventions and other documents on air law;

Study of specific problems of air transport and presentation of research results to interested States.

ICAO's activities in the field of international air law are carried out in two main areas:

Development of new norms of international air law in the form of draft international conventions or agreements;

Unification of international air law.

From the very first days of its activity, ICAO has been paying great attention to the creation, on a multilateral basis, of air law rules governing the use of airspace for transport purposes.

Simultaneously with the Chicago Convention, multilateral agreements appeared, establishing various types of activities in scheduled air services: "On international transit air services" and "On international air transportation". Under the first of these agreements, states grant each other the right to transit non-stop flights through their territories and the right to land on their territory for non-commercial purposes (i.e., without permission, to take on or drop off passengers and take or unload cargo and mail). The second agreement covers the whole range of rights related to "freedom of air", including the right to transport passengers, cargo and mail taken on board in any third country to the territory of a given state, and to export them from this state to any third country. The agreement on international transit air services has been ratified by more than 100 states.

The Agreement on International Carriage by Air was originally signed by 20 states, nine of which were subsequently denounced. Currently, only 12 states are parties to this Agreement.

International transport agreements include Convention for the Unification of Certain Rules Relating to International Carriage by Air(Warsaw Convention), which gave air transport the status of public transport. RB is not a party to the Warsaw Convention of 1929, but in 1955 the USSR signed the Protocol of amendments to it (The Hague Protocol). Subsequent changes to the Warsaw Convention were included in the Air Code of the Republic of Belarus.

The Convention provides for mutual obligations and conditions of air carriage, in accordance with which the carrier undertakes to deliver the cargo entrusted to him by the sender to the point of destination and issue it to the consignee, and the sender undertakes to pay for the carriage of the cargo at the established rate specified in the air carriage agreement.

The document certifying the conclusion of the contract of carriage is the air waybill introduced by the Warsaw Convention, which applies regardless of whether a particular country has ratified the Convention or not. Previously, this document was called "air waybill".

The Warsaw Convention regulates the issue of the carrier's liability to cargo owners for damage that may be caused as a result of air carriage. The subject of an international agreement reached with the signing of the Convention; is the establishment of uniform criteria for the liability of carriers to the consignor and the establishment of uniformity in the design of international shipping documents.

The carrier's liability for the carriage of goods is determined by the provisions of the Warsaw Convention and the terms of the air carriage contract. The provisions of the Convention apply only to cases of international transport. The Convention sets the maximum limits of the carrier's liability, expressed in French gold francs (1 franc contains 65.5 mg of gold with a fineness of 0.900). Thus, in relation to cargo, a limit of 250 francs is set. for every kilogram. The actual amount of damage is subject to compensation. The amount of damage caused must be proven.

Full exemption of the carrier from liability is provided if the carrier proves that the damage occurred through the fault of the shipper or consignee, or that the damage occurred despite all measures taken by the carrier to avoid harm, or that it was impossible to take these measures. The Convention also defines the time limits for filing a written claim in the event of damage or loss of goods:

In case of damage to the cargo (or part of the cargo) - no later than 14 days from the date of its delivery to the consignee;

In the event of complete loss of cargo (or its individual pieces) - within 120 days from the date of arrival of the aircraft at the destination;

In case of delay in delivery of the goods - no later than 21 days, counting from the day when the goods were handed over to the consignee.

The limitation period is limited to 2 years from the date of arrival of the aircraft at the destination or from the day when the transportation was terminated.

To promote the development of safe, regular and economical air transport, encourage the commercial activities of aviation organizations, support measures aimed at improving the economic results of their activities and study the related problems, International Air Transport Association(IATA) - International Air Transport Association (IATA). International Air Transport Association, a non-governmental organization established at the 1945 Conference of Representatives of 50 Air Transport Companies held in Havana; headquartered in Montreal. Currently, IATA members are more than 130 airlines from 86 countries. Its active members are the airlines of the ICAO member countries.

As a non-governmental organization, IATA is primarily concerned with the commercial aspects of the activities of aviation organizations. In recent years, IATA has been implementing all the fundamental issues of the feasibility study of cargo and the training of specialists for commercial services in cooperation with FIATA.

The International Air Transport Association develops recommendations on the level, structure and rules for the application of tariffs for air transportation of passengers, baggage and cargo; approves uniform rules for air transportation; regulates in detail the procedure for using privileges and discounts from tariffs; develops general standards of passenger service; conducts work on the generalization and dissemination of economic and technical experience in the operation of airlines; carries out financial settlements between member organizations through its special settlement body (Clearing House).

The Clearing House, established in 1947 in London on the initiative of the IATA Finance Committee (directly subordinate to IATA), greatly facilitates the process of mutual settlements between member organizations. The Chamber guarantees the regularity and accuracy of settlements, eliminates the need for extensive correspondence and sending of settlement documents, significantly reduces currency consumption and develops measures in case of currency devaluation, strictly monitors the timely and accurate payment of bills.

In response to the growing role of freight transport, IATA has formed a freight transport group that focuses on the use of containers and pallets for the transport of goods. In addition, IATA is carrying out significant work on the unification and standardization of forms of shipping documents, commercial agreements, etc., and also pays attention to agreeing the timetables of the organizations - members of IATA.

The main bilateral documents governing international air cargo transportation are intergovernmental agreements on air services. All scheduled flights on international airlines can only be operated on their basis. Charter flights can be operated on the basis of special permission from government agencies, which is requested through diplomatic or dispatch channels on a case-by-case basis.

The main content of any intergovernmental agreement on air services is the rights that contracting states grant to each other in order to establish and ensure air traffic between the countries concerned. First of all, this is the right to fly under the terms of the agreement. contractual airlines, which each party grants to the airline designated by the other party, as well as commercial rights, i.e. the right to carry out transportation under certain conditions when flying on contractual routes.

The procedure for the use of commercial rights, as a rule, is specified in commercial agreements between aviation organizations.

When determining the total scope of commercial rights granted to each other, the contracting parties usually strive to ensure that they are approximately the same, i.e. that the principle of reciprocity and equality of the received economic benefits is observed.

The main types agreements between airlines for the operation of contractual airlines are:

agreements on the mutual provision of services;

general agent agreements;

agreements that are concluded directly between the airlines designated to operate the agreed services.

Such agreements define a wide range of issues: the use of granted commercial rights, traffic volumes, flight schedules, tariffs, ports of technical and commercial services and settlements for them, mutual settlements for sold traffic, etc.

The economic relationship between airlines and their air travel agents is governed by commercial agreements between them, the main of which are commercial cooperation agreements, i.e. on the mutual recognition of shipping documents and on the procedure for settlements on them, agreements on the registration of air transportation and agreements on cargo.

In accordance with a commercial cooperation agreement, the cargo, for example, can be shipped anywhere on earth.

balloon on the same air waybill on the lines of airlines that have entered into such an agreement.

Sea transport. In maritime transport, the following international conventions governing commercial activities in the carriage of goods by sea are in force:

International Convention for the Unification of Certain Rules on Bill of Lading (The Hague Rules), signed in Brussels in 1924; The Protocol of Amendments to the Brussels Convention (The Hague-Visby Rules), which entered into force in 1971. More than 70 states participate in the Brussels Convention;

The UN Convention on the Carriage of Goods by Sea (Hamburg Rules) 1978, adopted by 43 countries, entered into force in 1992. There are no major maritime powers among the parties;

Athens Convention on the Carriage of Passengers and Their Baggage by Sea, 1974

The international practice of regulating maritime shipping goes back over 100 years. The first international Convention for the Protection of Submarine Telegraph Cables, signed in Paris on March 14, 1884 by 29 countries, entered into force on May 1, 1888. The provisions of this Convention relate to the procedure for laying and repairing cables, litigation and punishment for those who disrupt the operation of the cable.

Convention for the unification of certain rules regarding collision of ships, concluded in Brussels in 1910, consists of 17 articles. Of particular interest in this Convention are Art. 6 and 7, which specifically relate to claims for damages due to collision of ships. According to this Convention, a claim for damages arises as a result of a collision and does not depend on the performance of a protest or on any other formality. With regard to collision liability, no lawful assumption of wrongful conduct is permitted.

In 1910 in Brussels, representatives of 26 states signed Convention for the unification of certain rules regarding the provision of assistance and rescue at sea. Rescue and relief are services and do not take into account the waters in which these services are provided. Any fact of assistance or rescue with beneficial consequences entitles one to a fair remuneration.

In Art. 18 of this Convention refers to the obligations of the masters of both ships to assist each other in the event of a collision of ships. Captains are equally obliged to inform the other ship of the name and home port of their ship, as well as the places from where it is going and where it is going. The owner of the vessel is not responsible for violation of the preceding regulations.

In 1921, in Barcelona, ​​30 countries signed Declaration on the recognition of the right to the flag for states that do not have a sea coast. The states that have signed the Declaration recognize the flag of ships of any state that does not have a sea coast, if these ships are registered in a single definite place located on its territory and which is the port of registration for these ships. In 1935 the USSR joined this Declaration.

In 1926, in Paris, more than 62 countries, including the USSR, signed International Sanitary Convention. The Convention includes a preliminary ruling, in which the parties gave definitions to such concepts as "district", "observation", "observation", "crew". The convention is divided into three sections, subdivided into chapters and sections. A total of 162 articles are included in the Convention. The first section deals with general provisions - the rules to be observed by the governments of the countries - parties to this Convention from the moment of the appearance of plague, cholera, yellow fever and "other infectious diseases" on the territory. The second section deals with special regulations for the Suez Canal and neighboring countries. The third section includes special ordinances regarding pilgrimage.

The United Nations has made a decisive contribution to the regulation of the activities of states and other subjects of international law in the oceans.

On behalf of the UN General Assembly International Law Commission(ILC) in 1949 identified the problems for which it considered necessary and possible modification of the current law. This list includes the regime of the high seas and the regime of territorial waters.

The results of the work of the ILC were considered at the Geneva UN Conference on the Law of the Sea in 1958. The Conference participants approved four conventions, two of which are directly related to maritime navigation: High seas convention and Convention on the Territorial Sea and Contiguous Zone.

In accordance with the provisions of these conventions, the sea belt located along the coast and outside the internal sea waters is called the territorial sea, or territorial waters. This sea belt of a certain width is subject to the sovereignty of the coastal state. The outer boundary of the territorial sea is the maritime boundary of the coastal state.

The sovereignty of a coastal state extends to the surface and subsoil of the territorial sea and to the airspace above it. Directly in the territorial sea itself, the laws and regulations established by the coastal state operate, but with the observance of the right to use foreign sea vessels with innocent passage through the territorial sea of ​​other countries.

In connection with the changes that have taken place of a political, economic, scientific and technical nature, as well as with the need to resolve previously unresolved problems, the UN General Assembly in 1970 adopted a resolution to convene the Third UN Conference on the Law of the Sea. The resolution defines a range of problems that were instructed to resolve the Conference in the course of its work.

UN Convention on the Law of the Sea of 320 articles and nine annexes, signed by representatives of 117 states in 1982, is a single comprehensive international legal document regulating the main issues of activities in the waters of the World Ocean, on the seabed and in its depths.

In addition to establishing a legal regime for various types of activities of states in the World Ocean, the Convention also regulates many aspects of world shipping. For the first time in international practice, the twelve-mile limit of territorial waters has been fixed. By protecting the sovereignty and interests of the coastal state in its territorial waters, the provisions of the Convention also serve the interests of world shipping. The 1982 Convention contains a more detailed regulation of the mutual rights and obligations of coastal states and states, under whose flag certain ships exercise the right of innocent passage through foreign territorial waters.

In the international straits and waters of the archipelagic states, a regime of free, unimpeded passage of all ships and the passage of aircraft is established.

The Convention provides for a procedure for legal regulation of the fight against pollution of the oceans, enshrines the principle of the flag state, and regulates the issues of preventing pollution from ships.

International organizations make a significant contribution to solving the problems of ensuring freedom of navigation and safety of navigation. In this regard, the leading role belongs to International Maritime Organization(IMO) - International Maritime Organization (IMO), which includes 163 national organizations; headquartered in London. The activities of the IMO create a mechanism for cooperation between states in uniting their efforts aimed at introducing into the practice of navigation the optimal standards and norms that ensure the safety of human life and property at sea. This organization is characterized by high efficiency in the field of coordination of international legal issues related to the technical aspects of merchant shipping and navigation of fishing vessels. During the period of its activity (since 1958), the IMO has developed over 20 conventions on the safety of navigation, the protection of human life at sea, the prevention of pollution of the marine environment and about 500 technical and legal documents aimed at the development of the relevant norms of the conventions.

Among the main conventions adopted by IMO are the following: Convention for the Safety of Life at Sea(SOLAS-74), Load Lines Convention, Rules for Preventing Collisions at Sea(PPSS), Agreement on Special Transport Passenger Ships, Convention on the Safety of Fishing Vessels, International Convention on the Training of Certified Seafarers.

A lot of work on the unification of transport documentation and the regulation of commercial and legal issues of the carriage of goods by sea is carried out Baltic and International Maritime Council(BIMCO) - Baltic and International Maritime Consul (BIMCO); headquartered in Copenhagen. The decision to establish the Council was made in 1905 at the Meeting of representatives of tramp ship-owning firms in Belgium, Norway, Russia, Finland and Sweden. The founders of this organization pursued the goal of establishing minimum freight rates for the transportation of timber from Swedish, Russian and German ports.

During its activity, BIMCO, independently or jointly with other organizations, has developed about 100 pro-forma transport documents: pro-forma charters, bills of lading, etc., which are currently used; issued over 100 special clauses recommended for inclusion in documents; developed, approved or recommended for adoption the following legal documents:

Bareboat charters - two types;

Charters for the transportation of cement, fertilizers, gas, general cargo, grain, nitrates, ore, liquid substances in tankers, wool - 36 types;

Time charters - seven types;

Booking notes - two types;

Standard timesheet;

Combined transport document;

The standard form of the contract for the carriage of pillowcase cargo. The Baltic and International Maritime Council is doing a lot of work on the unification and standardization of terminology in transport documents. For example, in recent years, there has been an increase in controversy over the interpretation of terms and phrases used in charters. In order to ensure uniform application of key concepts, BIMCO has developed standard definitions for terms that appear in charters (port, stage, demurrage, dispatch, weather conditions, working days, etc.).

The main agreements on international maritime transport were concluded at the International Conference on the Law of the Sea in Brussels in 1922. In 1924 entered into force Brussels Convention for the Unification of Certain Rules on Bill of Lading(The Hague Rules). States that have ratified this Convention have subsequently incorporated its provisions into national law. Amendments and additions were made to the Convention in 1971 (the rules were renamed to The Hague-Visby). More than 70 states participate in the Brussels Convention.

Of particular interest is UN Convention on the carriage of goods by sea 1978, signed by 43 countries and consisting of seven parts, and the Hamburg Rules adopted by it.

Part I is devoted to general provisions and includes three articles. In Art. 1 gives the definitions of the carrier, the actual carrier, the consignor, the consignee, the cargo itself, the contract of carriage by sea, the bill of lading and the written form. In Art. 2 lists the scope of application of this Convention, covering all contracts of carriage by sea between two States, provided that the following conditions are met:

The port of loading stipulated by the contract is located in one of the contracting states;

The port of unloading provided for in the contract of carriage by sea is located in one of the contracting states;

A bill of lading or other document confirming the contract of carriage by sea, issued in one of the contracting states;

The bill of lading or other document confirming the contract of carriage by sea provides that the contract shall be governed by the provisions of this Convention or the legislation of any state giving them effect. The provisions of this Convention are independent of the ownership of the ship, carrier, actual carrier, consignor, consignee or any other interested person.

In accordance with paragraph 3 of Art. 2 of this Convention, its provisions cannot be applied to charters. However, when a bill of lading is issued under charters, the provisions of the Convention apply to that bill of lading if it governs the relationship between the carrier and the holder of the bill of lading other than the charterer.

Part II of the Convention deals with the liability of the carrier, covering the period during which the cargo is under the jurisdiction of the carrier at the port of shipment, during carriage and at the port of unloading. In Art. 5 shows the grounds for the carrier's liability: loss or damage to cargo or delay in delivery. For the basis of liability, evidence is needed that the loss, damage to the goods or delay in delivery are caused by the fault of the carrier. In Art. 6 talks about the amount of responsibility. Thus, the carrier's liability for damage resulting from the loss of or damage to cargo, in accordance with the Regulation on the Grounds of Liability, is limited to an amount equivalent to 835 units of account per piece or other unit of shipment: 2.5 units of account per 1 kg of gross weight of lost or damaged cargo, whichever is higher. Articles 7-10 Part II of this Convention are devoted to the settlement of problems not provided for by the treaty. Particular attention should be paid to paragraph 1 of Art. 10, which refers to the liability of the carrier and the actual carrier. In cases where the carriage or part of it is entrusted to the actual carrier, even if this is permissible by the contract of carriage by sea, the carrier, nevertheless, remains liable for the entire carriage in accordance with the provisions of this Convention. In respect of carriage by the actual carrier, the carrier is responsible for the actions and omissions of the actual carrier and his employees and agents acting within the limits of their official duties.

Part III contains clauses that relate to the responsibility of the shipper. In particular, Art. 12 deals with the general rule that the shipper is not liable for damage suffered by the actual carrier or carrier, or for damage sustained by ships, unless such damage or damage was caused by the shipper, his employees or agents. The shipper's employee or agent is not responsible for such damage or damage, unless the damage or damage was caused by fault on his part.

Part IV includes clauses concerning transport documents. Of particular interest are Art. 1, 4 and 15, defining the issue and content of the bill of lading. If the carrier or the actual carrier takes over the cargo, he is obliged, at the request of the consignor, to issue to the consignor a bill of lading, which can be signed by a person authorized by the carrier. A bill of lading signed by the captain of the vessel on which the cargo is transported shall be deemed signed on behalf of the carrier. The bill of lading must include, in particular, the following data:

The general nature of the cargo; the main marks required for the identification of the cargo; direct indication, where applicable, of the hazardous nature of the goods; the number of places or items and the weight of the cargo or its quantity;

External condition of the cargo;

Shipper's name;

The name of the carrier and the location of its main commercial organization;

The name of the consignee, if specified by the consignor;

Port of loading in accordance with the contract of carriage by sea and the date of acceptance of the cargo by the carrier at the port of loading;

Port of unloading according to the contract of carriage by sea;

Signature of the carrier or a person acting on his behalf;

Freight in the amount payable by the consignee, or an indication that the freight is to be paid by him;

An indication, where applicable, that the cargo should or may be carried on deck;

Date or period of delivery of the cargo at the port of unloading, if they are expressly agreed by the parties;

Increased limit or limits of liability.

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2.International conventions on international transport

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Vehicles, transport networks and terminal complexes used in international transportation of goods and passengers are distinguished by high capital intensity of facilities and, in many cases, low capital productivity (capital return). In view of this, the transport business is one of the most risky for private capital.

States interested in expanding the activities of their national transport enterprises in international traffic have always strived for international cooperation in order to develop uniform (unified) conditions for the carriage of goods and passengers, as well as to agree on legal norms related to the regime of finding vehicles and personnel serving them within jurisdiction of the contracting parties and on many other issues. As a result of these efforts at the interstate level, a significant number of international agreements on certain modes of transport, called “transport conventions.” In some cases, multilateral agreements on international transport have been concluded at the level of transport enterprises of different countries.

Most international transport conventions contain provisions concerning the contract for the carriage of goods and passengers in the relevant international traffic. According to the agreement, one party - the transport organization (carrier) - undertakes to deliver the cargo or the passenger to the specified destination, and the other party - the cargo owner (passenger) - undertakes to pay the carrier the carriage charge. The rest of the terms of the contract of carriage supplement, specify and decipher the above obligations.

Transport conventions determine the main details, and in some cases, the form of transport documents that must be used in international transport. The most common are two types of transport documents: a waybill (for rail, air and road communications) and a bill of lading (for sea and river communications).

Characteristics of the modes of transport used in international transport:

Railway transport

Railways are the most cost-effective mode of transport for long-distance transportation of carloads of cargo in bulk of coal, ore, sand, agricultural and forestry products. Railways have recently begun to increase the number of services based on customer specifications. New equipment was created for more efficient cargo handling of certain categories of goods, platforms for the transportation of car trailers (regular contrailer), services were provided on the way, such as redirecting goods already shipped to another destination directly on the route and processing goods during transportation.

Water transport

The cost of transportation by water transport of bulky non-perishable goods of low cost such as sand, coal, grain, oil, metal ores is very small. On the other hand, water transport is the slowest and is often affected by the weather.

Automobile transport

Trucks are constantly increasing their share in transportation. This type of transportation is extremely flexible in terms of routes and timetables. Trucks are able to transport goods "door to door", eliminating the need for the sender of the unnecessary transportation. Trucks are a cost-effective form of transport for transporting high-value goods over short distances. In many cases, road transport tariffs are competitively comparable to railway tariffs, but trucks usually provide faster service delivery.

Pipeline transport

Pipelines are a specific means of transporting oil, coal and chemical products from their places of origin to markets. Transportation of petroleum products by oil pipelines is cheaper than by rail, but somewhat more expensive than by water. Most of the pipelines are used by owners to transport their own products.

Air Transport

This type of transport is gaining in importance. Although air cargo rates are much higher than rail or road rates, air transportation is ideal when speed is of the essence and / and when it is necessary to reach distant markets. Perishable goods (such as fresh fish, fresh flowers) and non-bulky items of high value (such as appliances, jewelry) are among the most frequently delivered goods by air. Firms are convinced that the use of air transport can reduce the required level of inventory, reduce the number of warehouses, and reduce packaging costs.

Choosing a mode of transport

When choosing the means of delivery for a particular item, shippers take into account up to six factors. Table __ provides a brief comparative description of different modes of transport in terms of these factors. So, if the sender is interested in speed, then the main choice is between air and road transport. If the goal is minimal costs, a choice is made between water and pipeline transport. Most of the benefits seem to be associated with the use of road transport, which explains the increase in its share in the volume of traffic.

Evaluation of modes of transport according to the criteria of large shippers

Thanks to containerization, shippers are increasingly using two or more modes of transport at the same time. Containerization is the loading of goods into boxes or trailers that can be easily transported from one mode of transport to another. A rail piggyback is transportation using rail and road transport, a ship piggyback is transportation using water and road transport, "rails-ship" is transportation using water and rail transport, "highway air" is transportation using air and road transport. Any mixed mode of transportation provides the sender with certain benefits. For example, a rail piggyback is less expensive than pure road transport while providing flexibility and convenience.

International shipping

The main international agreement that determines the relationship between the parties to the contract of carriage by sea and the legal status of the bill of lading is the Brussels Convention on the Unification of Certain Rules on the Bill of Lading of 1924 (The Hague Rules). The Brussels Protocol of 1968 made some changes to this convention. More than 70 states are currently participating in the Brussels Convention. The main attention in the Hague Rules is paid to the issue of the liability of the sea carrier for the cargo.

Taking into account the criticism of a number of provisions of the Brussels Convention of 1924 by cargo owners of different countries, especially developing countries, in 1978 the UN convention on the carriage of goods by sea, known as the Hamburg Rules, was adopted. Although the new convention has not yet entered into force, it nevertheless has a significant impact on the practice of international maritime transport.

Until recently, the carriage of passengers and baggage by sea was regulated by the International Convention for the Unification of Certain Rules Relating to the Carriage of Passengers by Sea from 1961. In 1987, a new convention on the carriage of passengers, their luggage, vehicles and hand luggage (the Athens Convention) came into force.

International river connections

A set of issues related to the organization of international transport on the Danube River is regulated by the Bratislava Agreements concluded by river shipping companies of the Danube countries. The participants of the first of them - the Agreement on General Conditions for the Carriage of Goods on the Danube River in 1955 - were the shipping companies of Bulgaria, Hungary, Romania, the USSR and Czechoslovakia. In 1966, the river shipping companies of Yugoslavia joined this agreement, and in 1968 - Austria and the Federal Republic of Germany. The next step was the conclusion in 1978 by these shipping companies of the International Agreement on General Conditions for the Carriage of Containers on the Danube River. In 1979, the same shipping companies entered into an agreement on international freight rates.

International air services

Among the international agreements on air transport is the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw in 1929 and subsequently supplemented by protocols: The Hague 1955, Guatemalan 1971 and Montreal 1975. Most of the countries of the world participate in it.

The Warsaw Convention applies to scheduled air services. The legal basis of the contract for air carriage in non-scheduled (charter) services is the provisions of the Guadalajara Convention for the Unification of Certain Rules Relating to International Carriage by Air, 1961.

International rail links

The most universal multilateral agreements on international rail services are the Berne Conventions on the Carriage of Goods (abbreviated as MGK) and on the Transport of Passengers (IGC), originally concluded at the end of the last 17th century between several European countries. Subsequently, they were revised many times. Currently, there is a single Convention on Carriage by Rail in the 1980 version (COTIF), which contains the combined text of the Berne Conventions. The majority of European and a number of Asian and African countries are parties to the Berne Conventions.

International road connections

This type of traffic is regulated by the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), which entered into force in 1961 and 1968, respectively. Most countries are parties to these agreements.

In order to simplify customs procedures in international road communications of European countries, in 1959, the Customs Convention on the International Carriage of Goods under the Application of the Carnet of International Road Transport (TIR, TIR Convention) was concluded. In 1975, a new version of it was adopted.

International mixed messages

In the 70s, within the framework of several international organizations, a draft agreement on a contract for direct multimodal transport was developed. As a result, in 1980 the UN Convention on International Multimodal Transport of Goods was adopted.

Organization of international transport

The main provisions governing the organization and conditions of transportation of goods and passengers in international traffic are contained in transport conventions and international agreements. The issues of legal regulation of transportation are also the content of many bilateral agreements concluded at the interstate level or between the transport representatives of the two countries. Finally, these issues are often regulated by the internal transport laws of individual countries. But the lack of international regulation of the carriage of goods and passengers does not prevent carriers and cargo owners (passengers) from entering into relations regarding international carriage.

Sea transport can rightfully be considered the most versatile mode of transport specialized in servicing international trade. The main legal institutions and organizational forms of international transportation of goods and passengers were born and developed here.

The development of the system of legal relations between the participants in the transportation process on other modes of transport took place under the greater or lesser influence of the international practice of maritime merchant shipping. Therefore, when studying the issues of organizing transportation in international communications, it is advisable to pay special attention to this practice.

In international shipping, two forms of organization of transportation have developed - linear (regular) and tramp (irregular).

International liner shipping. International line services are organized by sea carriers in stable geographic areas of international trade in finished industrial products, semi-finished products, food and other goods. International lines connect the main world economic centers (Western Europe, North America and the Far East) and these centers with other regions. A feature of liner shipping is the securing of ships in this direction and their regular calls at certain ports according to a pre-announced schedule. Transportation is paid by the shippers at the tariff rates set by the carriers. Linear rates are stable over a long period of time.

The volume of services rendered by sea line carriers to shippers and consignees is much larger than in tramp shipping. Usually, sea line carriers undertake to pay the cost of loading goods at the port of departure and unloading - at the port of destination. Additional costs of shipowners associated with the specifics of liner conditions are reimbursed in the liner shipping tariffs. The specific interpretation of linear conditions of carriage is given in the proformas of linear bills of lading.

International liner transportation is formalized by a bill of lading issued by the sea carrier to the shipper at the time the cargo is handed over to the carrier. By its legal nature, the bill of lading is evidence of acceptance by the carrier of the goods named in it. In addition, he confirms the existence of a contract of carriage between the carrier and the shipper. Finally, the bill of lading gives the consignor and other person designated in it the right to dispose of the cargo and demand its release at the port of destination against the provision of this document. Thus, the bill of lading is a document of title. In recent years, instead of a bill of lading, another transport document, a sea waybill, has begun to enter the practice of international liner transportation. This document, which is not a title of title, speeds up the procedure for the delivery of goods at the port of destination.

International tramp shipping. Unlike liner shipping, in tramp shipping, ships are operated on an irregular basis. They are not assigned to certain directions, but move freely from one section of the freight market to another, depending on the demand for tonnage and on the supply of goods. The price of carriage and other commercial conditions are set for each flight or several flights on the basis of a contract.

The contract of carriage by sea (charter of a vessel) in tramp shipping is concluded between the sea carrier (charterer) and the consignor or consignee (charterer), in the form of a charter. In most cases, this contract is concluded with the help of an intermediary or freight broker.

Any charter contains a number of mandatory conditions related to the ship, cargo, freight, the procedure for payment of stevedoring works, dispatch, demagerage.

When transporting goods in international tramp shipping, the carrier usually issues a bill of lading, which, among other things, governs the relationship between the carrier and the recipient of the goods other than the charterer.

It should be noted that in international practice, no legal act (conventions, agreements) has been created that would regulate issues related to the content or form of a charter. The main source of charter law is the national laws of the respective countries.

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International tax legislation

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International shipping

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International transport law is a group of international principles and norms governing the transportation of goods and passengers across the territory of two or more states, and at present it is a sub-branch of the law of international cooperation in the field of economics.

It should be borne in mind that transportation by sea, air, rail and road is carried out on the basis of both universal transport conventions (Convention for the Unification of Certain Rules for International Carriage by Air, 1929, Convention on the Contract for the International Carriage of Goods by Road 1956, UN Convention on the Carriage of Goods by Sea 1978, etc.) and in accordance with bilateral agreements on transport communications and transportation (Russia participates in several dozen such agreements).

As a general rule, universal conventions apply regardless of the nationality of the vessel, carrier, consignor, consignee or any other interested person. The conventions also apply if the transport within the scope of their application is carried out by States or government agencies or organizations. The rules of bilateral agreements are applied as special rules in relation to the provisions of multilateral conventions.

In the conventions, a carrier is a person who or on whose behalf a contract for the carriage of goods has been concluded with the shipper. Actual carrier - a person who is entrusted by the carrier to carry out the carriage of goods or part of the carriage.

The term "consignor" means a person who or on behalf of or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or on behalf of or on whose behalf the goods are actually delivered to the carrier in connection with the contract of carriage by sea. "Consignee" is a person authorized to receive the goods.

The concept of "cargo" includes live animals; where the goods are bundled in a container or similar device for transport, or when they are packed, "consignment" includes such a device for transport or packaging if provided by the shipper.

The rules for transportation by various types of transport are regulated by special sources.

International air transportation

The provisions on international air carriage are contained primarily in the Convention for the Unification of Certain Rules for International Carriage by Air of 1929 (in 1955 the Convention was supplemented by the Hague Protocol, in which about 100 states, including Russia, participate), the Chicago Convention on International Civil Aviation 1944 In addition to these documents, the Russian Federation signed several dozen bilateral agreements on air traffic.

The 1929 Convention applies to the international carriage of persons, baggage or cargo by aircraft, both for a fee and free of charge. The Convention applies to carriage by the state or legal entities. The Convention regulates the issues of issuing carriage documents (travel tickets, baggage receipts, air carriage documents), the content of the contract of carriage, establishes the rules on the carrier's liability, regulates the issues of multimodal transport.

Bilateral agreements determine the procedure for the establishment and operation of international air lines. States designate national airlines for the operation of agreed routes on designated routes, establish conditions for granting and canceling permits, regulate the issue of tariffs, customs duties, aviation security rules, etc.

International rail transportation

Rail transport issues are primarily regulated by the 1980 Convention on International Carriage by Rail. This Convention combined the texts of the Berne Convention on the Carriage of Goods by Rail of 1890 and the Berne Convention on the Carriage of Passengers and Luggage by Rail. The Convention establishes the rules for the carriage of goods and passengers by rail, the terms of payment and insurance of goods in transit, the responsibility of the railways, the procedure for filing claims and claims.

In relations between the Russian Federation and the countries of Eastern Europe, the Agreement on International Freight Traffic (SMGS) is in force.

International shipping

In international commercial shipping, there are two forms of transportation: regular and irregular (charter). Regular transportation is formalized by a bill of lading issued by the carrier to the consignor when the cargo is handed over to the carrier. Charter services are most often carried out with the help of an intermediary on the basis of freight, concluded in accordance with the rules and national legislation.

The legal status of the bill of lading is regulated by the 1924 Convention on the Unification of Certain Rules on the Bill of Lading and its 1968 Protocol (Russia does not participate in the Convention and the Protocol).

The 1924 Convention defines the concepts used in carriage by sea (carrier, contract of carriage by sea, carriage, cargo, bill of lading, ship), establishes the rules for accepting goods and issuing a bill of lading, limits of carrier's liability, etc.

The issues of sea transportation are regulated in the Russian Federation by bilateral agreements on trade, shipping and navigation and other documents.

International road transport of goods

The rules for international road transport of goods are regulated by the multilateral Convention on the Contract for the International Carriage of Goods by Roads of 1956 (Russia participates), as well as by bilateral agreements on international road traffic (there are several dozen of them).

The 1956 Convention applies to contracts for the carriage of goods by road for reward by means of vehicles when the place of loading of the goods and the place of delivery of the goods specified in the contract are located on the territory of two different countries, of which at least one is a party to the Convention.

It should be borne in mind that the application of the Convention does not depend on the place of residence and citizenship or nationality of the contracting parties.

The Convention defines the persons for whom the carrier is responsible, the procedure for concluding and changing the contract of carriage, the requirements for the consignment note, the procedure for accepting and transferring goods, the carrier's liability, filing claims and claims, the rules for carriage by several carriers.

Documents and literature

1974 Charter of Economic Rights and Duties of States // Current international law / Comp. Yu.M. Kolosov and E. S. Krivchikova. T. 3.S. 135-145.

1992 European Union Treaty // Ibid. S. 211-225.

Agreement on the Establishment of the World Trade Organization 1994 // Ibid. S. 162-173.

Agreement on the principles of approximation of the economic legislation of the member states of the Commonwealth of 1992 // BMD. 1993. No. 10.

Agreement on cooperation in the field of investment activities in 1993 // BMD. 1995. No. 4.

Biryukov P.N. The contract for the international sale of goods. International commercial arbitration. Voronezh, 1994.

Biryukov P.N. International private law issues. Voronezh, 1996.

Biryukov P.N. International private law issues. Issue 2. Voronezh, 1997.

Boguslavsky M.M. International private law. M., 1996.

Velyaminov G.M. Fundamentals of International Economic Law. M., 1994.

International Law Course. In 7 volumes.Vol. 4.M., 1991.

Magomedova A.I. Organizational structure of the GATT // Jurisprudence. 1994. No. 4.

Malinin S.A., Magomedova A.I. On the "right of the GATT" // Jurisprudence. 1995. No. 1. S.52-59.

The customer enters into an agreement with an organization-resident of the Russian Federation forwarder for freight forwarding services, including export-import, with the right to conclude contracts for the international carriage of goods by the forwarder, with the only reference to Russian legislation, including the Law "On freight forwarding activities" ... Is it legal in the relationship between the Customer and the forwarder not to mention and not to apply (not to be guided) by the CMR (Convention on the Contract for the International Carriage of Goods), or if you do not resort to this convention, conflicts that cannot be resolved under the TED law may arise?

Answer

The parties may not apply the provisions on the contract for the carriage of goods if international transport is not planned. However, in the event that the place of loading of the goods and the place of delivery of the goods specified in the contract are located on the territory of two different countries, the provisions will apply regardless of the absence of these provisions in the contract.

Additionally, you can familiarize yourself with:

The rationale for this position is given below in the materials of Sistema Yurist

“The transport forwarding agreement is in great demand. It is widely used by business entities in their activities, as it is beneficial for both the client and the forwarder.

Under the freight forwarding agreement, one party (freight forwarder) undertakes, for a fee and at the expense of the other party (the client-consignor or consignee), to perform or organize the implementation of the forwarding specified in the agreement (). At the same time, the forwarder may not have his own vehicle fleet, but distribute orders among the carriers.

In practice, situations are often encountered when the shipper imposes on the carrier some duties that go beyond the subject matter. In such cases, the court may reclassify the concluded agreement into a transport forwarding agreement or define it as mixed. Such relations will be subject to the rules of the transport expedition ().

An example from practice: the court qualified the contract as mixed (expedition and carriage of goods), since its subject includes both the conditions for the carriage of goods and the conditions for the organization of carriage

166.212(11,17)

Advice

If the parties plan to conclude a mixed contract of carriage and freight forwarding, then you need to:

The parties determine the conditions for the performance of the contract independently, unless otherwise established:

• "On transport and forwarding activities" (hereinafter - the Law on TED);


• , approved (hereinafter referred to as the TED Rules);

Chapter 3. REGULATORY AND LEGAL FRAMEWORK OF TRANSPORTATION AND FORWARDING SERVICE

^ 3.1. System of legislative acts regulating transport and forwarding activities

Transport and forwarding activities cover a wide range of relationships both between organizations of various types and different forms of ownership, and individuals. The legal side of these relationships is regulated by legislative acts of various levels (Fig. 3.1).

The decisive position in relation to all federal laws is occupied by the Constitution of the Russian Federation as the basic law of the Russian Federation. The Constitution is the source of transport law and contains norms that are directly related to transport, namely, it assigns the management of federal transport and communication routes to the jurisdiction of the Russian Federation, which is fundamental in the legal regulation of transport activities.

The norms of national law relating to specific modes of transport are transport charters and codes that regulate in detail the relations arising in transport.

Rice. 3.1. Hierarchy of the system of legislative acts 34

Those. Currently, the following charters and codes are in force in Russia:

• 
  Merchant Shipping Code of the Russian Federation;
• 
  Code of Inland Water Transport of the Russian Federation
  walkie-talkies;
• 
  Air Code of the Russian Federation;
• 
  Charter of the railway transport of the Russian Federation;

Charter of road transport of the RSFSR.
A feature of these legislative acts is that

Their main provisions are governed by the norms established by the Civil Code of the Russian Federation (Chapter 40 "Transportation").

Sanctioned customs govern areas of relationships that are not covered by statutes. As a source of law, a custom is considered provided that it is sanctioned by the state in one form or another (reference in the law or application in judicial practice). For example, "In the absence of a law or a contract, the obligations must be performed in accordance with the usual requirements" or "Agreements of the parties on the timing of loading are determined in accordance with the customs prevailing in the given port."

^ 3.1.1. International transport organizations and conventions

States interested in expanding the activities of their transport organizations in international communications have always sought international cooperation in order to develop uniform (unified) rules for the carriage of goods and regulate other major problems of merchant shipping, land and air communications. As a result of these efforts at the international level, a significant number of international agreements on certain modes of transport have been concluded, which are called "transport conventions".

^ Railway transport. The following main conventions and agreements are in force in railway transport:

• 
  Convention on International Carriage by Rail
  (harm. 1980);
• 
  Agreement on International Rail Freight
  communication of 1953;
• 
  International Convention for the Facilitation of Rail
  road transportation of goods across the borders of 1952;
• 
  The Soviet-Finnish agreement of 1947;
• 
  Soviet-Turkish agreement of 1961;
• 
  The Soviet-Austrian agreement of 1969, supplemented by the Inter
  international tariff for transportation;

35

An important role in activities aimed at improving the efficiency of railway transport is played by ^ International Union of Railways (UIC) - International Union of Railways (UIC) 1, created by the decision of the International Economic Conference in May 1922 in Genoa; the headquarters of the UIC is located in Paris.

The goal of the UIC is to improve the conditions for the construction and operation of railways engaged in international traffic, to coordinate and standardize the main activities of related international organizations, and to communicate with national railway administrations.

Railway administrations that are in charge of at least 1,000 km of railway lines officially open for passenger and freight traffic can be UIC members. Russian Railways is not a member of the UIC.

In 1950, the UN Economic and Social Council granted the UIC “B status”, which means the right of representatives of the Union to attend sessions of various UN bodies, including the UN Economic Commission for Europe (UNECE), with an advisory vote.

The International Council of Railways is conducting research on the future development of railway transport for the next 10-15 years:

Trends in the global demand for rail transportation;

Prospects for the development of high-speed international communications;

Development of competitive modes of transport;

Prospects for the development of combined transport.

The most important issues resolved by the UIC during its activity are the following:

• 
  development of recommendations for the unification of international
  reefs for the transportation of passengers, baggage and cargo;
• 
  determination of the cost of rail transportation;
• 
  selection of the most rational international routes
  transportation;
• 
  development of standard types of freight cars, new types
  automatic couplers and automatic brakes.

More than 60 railway administrations of countries and territories of the world are UIC members.

The oldest international organizations include ^ International Association of Railroad Congresses (МАЖК) - International Railway Congress Association (IRCA) 1, founded in 1885 in Brussels. The goal of the association is to promote the development of railway transport, its technical progress, the development of research work, the holding of congresses and other mutual meetings of the members of the IADC. The association includes 27 governments, 14 organizations and 94 railway administrations.

^ International Committee for Railway Transport (CIT) - International Railway Transport Committee (CIT) 2 was created in 1902; headquartered in Bern. CIT includes railway administrations, road transport organizations and shipping organizations from 31 European countries. The total number of CIT is over 300 members. The most important area of ​​the Committee's activity is the development of measures to ensure:

Safety and timeliness of delivery of goods and baggage;

Rules for accepting cargo and baggage for carriage;

Rules for dispatch, transfer and delivery of cargo and baggage;

The procedure for the carriage of passengers based on the provisions of international conventions for the carriage of passengers, baggage and cargo.

One of the first international agreements regulating transportation by rail was ^ International Convention for the Carriage of Goods by Rail, concluded by European governments in 1890 in Bern and is the basis for the legal regulation of commercial activities in international rail transport. As a follow-up to this Convention in 1914, a transport International trade convention(CIM), which was a set of basic transport rules for European railways. Subsequently, the CIM Convention has been revised and supplemented many times. Currently, there is a single Convention on International Carriage by Rail(COTIF) (revised 1980) containing the combined text of the Berne Conventions. The majority of European and a number of Asian and African countries are parties to the Berne Conventions, but Russia and the CIS countries are not included in their number.

The main goal of COTIF is to create a uniform legal system applicable to the carriage of passengers, baggage and cargo in direct international traffic between states

Official website: www.uic.asso.fr.

1 Official website: www.aiccf.org.

2 Official website: www.cit-rail.org.

members and in the field of application and development of this system. The provisions of CIM (COTIF) can also be applied for international multimodal transport using rail, river and sea transport.

The International Committee for Railway Transport develops and publishes guidance documents for solving specific problems related to the application of COTIF.

Since 1951, the transportation of export and import goods has been organized and carried out by rail in our country on the basis of the rules, tariffs and documents of the Agreement on the carriage of goods by rail in direct international freight traffic, concluded between the transport departments of eight European countries (Albania, Bulgaria, Hungary , GDR, Poland, Romania, USSR and Czechoslovakia). In July 1953, the railways of Mongolia, China and North Korea joined this Agreement. The agreement was somewhat modified and supplemented and became known as Agreement on International Rail Freight Traffic(SMGS). Later, the railways of Vietnam and Cuba joined this Agreement.

To fulfill the conditions of the SMGS and to strengthen transport links between the countries that signed it, in 1956 in Sofia at the Conference on International Communications, a non-governmental International Organization for Cooperation between Railways(OSJD).

After the formation of the CIS, Belarus, Latvia, Lithuania, Slovakia, Estonia, Moldova and Ukraine joined the OSJD member countries in 1990. As a result of the changes that took place in 1992, 19 states became OSJD members. The unification of Germany influenced the form of further participation of German railways in OSJD - they received the status of an observer.

The new areas of activity of this organization are:

Extension of Western European international rail links to the eastern shores of Asia;

Introduction of modern technical means and technologies;

Gradual formation of a unified international transport law;

Cooperation in the field of transport policy and environmental issues.

By the beginning of 1996, the railway systems of Azerbaijan, Albania, Belarus, Bulgaria, Hungary, Vietnam, Georgia, Kazakhstan, Kyrgyzstan, China, North Korea, Cuba, Latvia, Lithuania, Moldova, Mongolia, Poland, Russia, Romania, Slovakia became OSJD members , Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Czech Republic and Estonia - a total of 26 states.

Of particular importance for the work of this organization is the program for improving the railway communication between Eu-

Rope and Asia, adopted in 1994. In the process of implementing this Program, the main railway lines connecting Europe with Asia were identified, taking into account the work carried out in Europe within the framework of the UIC, UNECE, the TEZh (Trans-European Railway) program, as well as within the framework of the work of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP); promising freight and passenger flows between Europe and Asia.

In connection with the termination of the activities of the Council for Mutual Economic Assistance (CMEA), Romania, Poland, Hungary, the Czech Republic and Slovakia withdrew from the SMGS. However, the main provisions of this document in relation to these countries (with the exception of Romania) remain in force and will be replaced by documents that are planned to be concluded in the future.

The following basic provisions are fixed in the SMGS:

• 
  goods can be transported by railways of two or more
  countries by one transport document - international for
  treasure. In this case, transportation is called direct international
  native message;
• 
  transportation is divided into direct rail
  railways only) and direct mixed (except railways
  other types of transport are also involved);
• 
  direct international rail links byva
  reloading, when goods are reloaded from wagons one
  track gauge in wagons different, and without loading, when the goods are not
  are overloaded, and the car bodies are rearranged on bogies other
  goy track;
• 
  direct international rail links can
  also be without loading if the gauge of neighboring countries
  is the same (the track is the same width as the roads of Russia, have
  Mongolia, Finland and individual lines in Poland, Slovakia
  and North Korea).

Thus, the SMGS regulates the relationship between the railways of the participating countries in the implementation of international transport by them: when the sender enters into an agreement with one of the railways of the participating countries for the dispatch of goods, at least one other railway of the other participating country subsequently also participates in this transportation.

The main goal of the SMGS is the creation of a unified regulation in matters related to the conclusion of an international contract of carriage, with the content of the mutual rights and obligations of the parties to the contract, the result of its failure and the settlement of claims as a result, as well as the rights and obligations of the person in whose favor the transportation was carried out (consignee) ...

The SMGS rules have been changed and supplemented several times. Each railway participating in the SMGS is obliged to transport all

goods, except for those specifically named, if the internal rules of the departure road do not provide for a different order. The carriage of goods is carried out between all stations open in the internal communications of the countries whose railways participate in the SMGS. The following are not allowed for transportation in direct railway traffic:

Items that constitute a monopoly of the postal department in at least one of the countries whose railways are involved in the transportation;

Explosive shells, firearms and ammunition, except for hunting and sports;

Explosive substances, compressed, liquefied gases and gases dissolved under pressure, spontaneously combustible substances, as well as radioactive substances;

Cargoes transported by small consignments weighing less than 10 kg;

Cargoes weighing more than 2.5 tons in covered wagons with a non-opening roof in transshipment lines.

In accordance with the SMGS, some goods are allowed for carriage subject to special conditions, which are previously agreed by the central authority of the departure road with the central authorities of transit and destination roads.

The contract of carriage is considered concluded from the moment of acceptance for carriage by the station of departure of the goods together with the waybill. Acceptance of cargo for carriage is certified by imposing on the consignment note the calendar stamp of the departure station, which is evidence of the conclusion of the contract of carriage. Acceptance and dispatch of cargo by wagonload and small shipments is carried out according to the internal rules of the railways of the country of departure.

A railway that has accepted the goods for carriage under the SMGS consignment note is responsible for carrying out the carriage all the way until the goods are dispensed at the destination station, and in the case of re-shipment of goods to countries whose railways do not participate in the SMGS - until the carriage is issued under another international consignment note. agreement. Each subsequent railway, accepting the cargo together with the waybill, thereby enters into the contract of carriage and assumes the obligations arising under it.

The heads of the railway administrations of the CIS countries, striving to ensure the uninterrupted operation of the railways, already in 1992 signed Agreement on the basic principles of operational work of the railways of the CIS countries in the transition period. At the same time, the regulatory documents of the Ministry of Railways of Russia, which were in force at the time of signing the Agreement, were left unchanged. The main normative act governing the conditions of international carriage of goods in the territory of the former USSR, with the exception of the Baltic countries, remains the SMGS, which regulates the relationship between the parties under the contract of carriage within the CIS. Country

Asia - China, Vietnam, North Korea, Mongolia - remain full-fledged participants in the SMGS, since they have not denounced or withdrawn from it. This group of countries is fully subject to the jurisdiction of this regulatory document.

In addition to the main text, the SMGS member countries adopted the Unified International Transit Tariff (ETT) and the addition to it - the International Railway Transit Tariff (MTT), the SMGS Service Instruction, the Rules for the Use of Wagons (WVR). There is also a Tariff Agreement for the carriage of foreign economic goods, paid in foreign currency, between the railways of the CIS countries. Thus, a unified approach was created to concluding an international contract for railway carriage in compliance with the mutual rules and obligations of the parties, a unified procedure for considering claims and filing claims.

On the basis of the SMGS principles, Russia has entered into nine bilateral agreements on rail transportation with all border countries, as well as agreements on rail transportation of goods with Austria. These agreements contain the main agreements on the organization of railway communication, a tariff developed on its basis on the conditions of carriage, a number of additional agreements, service instructions, and rules for collecting payments.

^ Soviet-Finnish agreement it has been applied since December 1947. In 1972, the tariff for the carriage of goods, service instructions and calculation rules were issued. Acceptance of goods for transportation is carried out mainly according to the rules of the country of departure. The terms of delivery of goods at high and low speeds have been determined, and the sender has the right to demand transportation in one country at a low speed, and in another - at a high speed.

Railways are exempt from liability if they prove that the loss occurred through the fault of the person entitled to dispose of the cargo, as well as due to defects inherent in the cargo itself, or due to force majeure.

According to ^ Soviet-Turkish agreement acceptance of goods is carried out according to the internal rules of the country of departure, and their release - according to the internal rules of the country of destination. However, upon delivery of the goods for transportation, the sender is obliged to declare its value in the currency of the country of departure. The transportation rules do not contain instructions on the responsibility of the railways in case of delay in delivery.

^ Soviet-Austrian agreement supplemented by the International Tariff for Carriage (CAT), service instructions and settlement rules. The parties to the agreement are also the railways of the transit countries: Hungary, Czech Republic, Slovakia; later it was joined by the railways of Poland. Upon presentation

When the cargo is transported, the legislation of the country of departure is applied to carriage, taking into account some special rules. Carriage charges are calculated on transit railways according to the CAT rules. The agreement provides for the delivery time of goods. Railways are exempt from liability for the safety and delivery time of the goods if it is established that the violation of the contract was caused by circumstances that the carrier could not prevent. In case of delay in delivery of goods, the railways pay a fine, the amount of which, depending on the delay, is 6 ... 20% of the freight charge.

^ Soviet-Iranian agreement contains special rules for the carriage of goods in containers and in transit. Acceptance of cargo for transportation is carried out according to the internal rules of the country of departure, but subject to a number of special conditions set forth in the Agreement. For many of the conditions of carriage, the Agreement refers to the domestic laws of the countries.

In 1992 concluded direct rail transport agreements with Baltic countries(Latvia, Lithuania, Estonia).

In order to rationalize and coordinate transport policies by the national railway administrations, in 1992, the Railroad Council. The concluded agreements, as well as the decisions made by this body, operate and create legal, economic and organizational conditions for the unimpeded transportation of goods between Russia, the CIS states and the Baltic countries, as well as transit through their territories. The current procedure for the implementation of international transport, established by the previously concluded intergovernmental agreements between the USSR and other countries, has been preserved, as well as the effect of conventions and other agreements in the field of railway transport, to which the USSR was a party.

Development is currently being completed ^ Direct rail agreements between Germany and Russia, which will allow the transportation of goods under a single shipping document without re-registration at the border between Poland and Belarus, reduce the delivery time of goods and create more convenient conditions for cargo owners.

Since Russia and the CIS countries are not members of CIM (COTIF), and the Czech Republic, Slovakia, Romania, Poland and Hungary are, when sending export goods to Western European countries, shippers from Russia and the CIS countries write out the CM GS invoice and address it to the head of the border station of the above countries. At the border station, the cargo is re-dispatched to the recipient's address and a new document is issued - the CIM invoice, according to which the cargo is sent to the final destination station. A similar way of issuing invoices