Convention on international freight transport. International transport contracts (conventions and agreements). What is cdpg

Transport conventions can be conditionally divided into six groups by objects of legal regulation:

1. 1. on the general principles and organization of international transportation;
2. 2. on the conditions for the carriage of goods and passengers; (KMAPP)
3. 3. about tariffs for international transportation;
4. 4. aimed at facilitating transport relations between different states (for example, facilitating customs procedures, tax regime, etc.); (TIR/ TIR)
5. 5. regulating the specific aspects of the activity of certain types of transport;
6. 6. providing for the protection of the property interests of participants in the transport process (carriers, consignors, consignees, etc.). (CMR/CMR)

Conventions and agreements in the field of regulation of international road traffic:

• Convention on Road Traffic of 19 September 1949;
• Convention on Road Traffic of November 8, 1968.
• European Agreement supplementing the Convention on Road Traffic (1968), of 1 May 1971.
• Protocol on road signs and signals of September 19, 1949.
• Convention on Road Signs and Signals of November 8, 1968.
• European Agreement supplementing the Convention on Road Signs and Signals (1968), of 1 May 1971.
• European Agreement supplementing the 1949 Convention on Road Traffic and the 1949 Protocol on Road Signs and Signals of 16 September 1950.
• European Agreement concerning the application of Article 23 of the 1949 Convention on Road Traffic, concerning the size and weight of motor vehicles admitted to traffic on certain roads of the Contracting Parties, of 16 September 1950.
• Protocol on Road Markings to the European Agreement Supplementing the Convention on Road Signs and Signals of March 1, 1973.
• European agreement on road markings of 13 December 1957.
• Agreement on Minimum Requirements for the Issuance of Driving Permits (MLAs), April 1, 1975

CMR Convention - CMR applies

To any contract 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 in the territory of two different countries, of which at least one is a party to the Convention. The application of the Convention does not depend on the domicile and nationality of the contracting parties. This Convention shall also apply when the carriage covered by its scope is carried out by States or governmental agencies or organizations.

The CMR Convention - CMR does not apply:

• to transportations made in accordance with international postal conventions;
• to the transportation of the dead;
• to the transportation of furnishings and furniture when moving.

This convention applies to the entire carriage as a whole, if the carriage is carried out by different modes of transport, for example, the goods are transported by sea, rail, sea or air without reloading. Exceptions are cases where, for any reason, the performance of the contract under certain conditions specified in the consignment note is or becomes impossible before the goods arrive at the intended place of delivery.

In cases where a road freight carrier engages other modes of transport at the same time, its liability is determined in the same way as if its functions as a road carrier and the function of a non-road carrier were performed by two different persons.

In cases where it is proved that the loss, damage or delay in the delivery of goods occurred during carriage by one of the modes of transport other than road transport, and were not caused by an act or omission of the road carrier, but were caused by a fact that could only occur during and by reason of transportation carried out by non-road transport, the liability of the road carrier is not determined by this Convention, but by those provisions that would determine the liability of any non-road carrier when a contract is concluded between him and the consignor for the carriage of goods under the mandatory provisions of the law relating to the carriage of goods by any mode of transport other than road transport. .

However, in the absence of such provisions, the liability of the road carrier is determined by the CMR Convention.

In international business, the rules for international transportation of goods are determined by international conventions, interstate agreements and national laws of the countries participating in foreign economic activity, including Russia. These rules differ depending on the type of transport used (Fig. 11.4).

International road transport is governed by the Convention on the International Carriage of Goods by Road (KD P G - CMR) and the Protocol to the CMR dated 05.07.1978, the Customs Convention on the International Carriage of Goods under the TIR Carnet (TIR Convention), the European Agreement on the Work of Crews of Vehicles Engaged in International Road Transport (AETR) 1970, etc. Convention on the Contract for the International Carriage of Goods (CMR)(Convention on the Contract for the International carriage of goods by road (CMR)) unifies the conditions governing contracts for the international carriage of goods by road and the liability of carriers. The Convention applies to any contract for the carriage of goods by road for reward when the place of acceptance of the goods and the place intended for the delivery of the goods specified in the contract are located in two different countries, of which at least one is a party to the Convention, regardless of residence and nationality parties to the agreement (Article 1, clause 1). In the application of this Convention, the carrier is liable both for his own acts and omissions and for the acts and omissions of his agents, his servants and all other persons whose services he uses for the performance of the carriage, when those agents, servants or other persons are acting under duties assigned to them (Chapter II, Article 3 of this Convention). The contract of carriage is confirmed by drawing up an invoice (QMS). The invoice must contain the data specified in Art. 6 of the Convention (Fig. 11.5).

Rice. 11.4.

Customs Convention on the International Carriage of Goods under the TIR Carnet(TIR Convention 14.11.1975). To control the delivery of goods transported by sealed vehicles and containers from customs in the country of the seller to customs in the country of the buyer, a TIR carnet is used (carnet 77/?). This book is a customs document that allows the carrier to get rid of the need to pay customs duties, fees and, as a rule, from presenting the goods for intermediate transit customs inspection. Each carnet TIR is a one-time customs document used for only one freight shipment. Limit of liability of guarantee associations (associations) per carnet TIR is $50,000. This means that the Guarantee Association undertakes to indemnify for damages up to a maximum of USD 50,000 caused by the carrier to which the carnet was sold. TIR. This damage may be caused by the carrier's violation of national customs procedures and regulations. Regulations on the order

Rice. 11.5.

the admission of Russian carriers to the TIR procedure is enshrined in the order of the Ministry of Transport of the Russian Federation and the State Customs Committee (FTS) of the Russian Federation of September 1, 1999 No. 61/591 “On measures related to the application on the territory of the Russian Federation of the Customs Convention on the international carriage of goods using the TIR carnet of 1975 (TIR Convention), as amended”. In accordance with this order, carriers wishing to obtain admission to the TIR procedure are subject to the following minimum requirements:

• a) experience in the implementation of international road transport of goods for at least six months;
• b) a stable financial position that ensures the fulfillment of the carrier's obligations under the 1975 TIR Convention;
• c) the absence of serious or repeated violations of the customs legislation of the Russian Federation and arrears in the payment of customs duties;
• d) the absence of serious or repeated violations of the tax legislation of the Russian Federation;
• e) availability of knowledge in the field of application of the TIR Convention.

To obtain admission to the TIR procedure, it is necessary to submit

to the Association of International Road Carriers (ASMAP), which is a guarantee association, a set of documents defined by this order. Not later than one week from the day the carrier submits the application and the necessary materials, and if the carrier meets the established requirements, ASMAP issues an admission to the TIR procedure.

The main international agreements governing the international carriage of goods by sea and determining the relationship of the parties to the contract of carriage by sea, as well as the legal status of the bill of lading, are the following.

• 1. Brussels Convention for the Unification of Certain Rules on Bills of Lading, 1924 (The Hague Rules). The focus of the Hague Rules is on the liability of the sea carrier for the cargo. These rules were developed at a time when the influence of shipowners in the organization of maritime transport was very great. Participation in this convention of many countries (more than 80) determined its significance for decades. Within its framework, minimum standards were developed regarding the liability and obligations of the carrier, which, in turn, helped to distribute responsibility between shipowners and cargo owners.
• 2. Protocol amending the Brussels Convention for the Unification of Certain Rules on Bills of Lading of 1924, known worldwide as Wisby rules. This protocol, which entered into force on June 23, 1977, revised the provisions on the limitation of liability, since since 1924, as a result of the depreciation of currencies, the real amount of limitation of liability has decreased by 9 times. Provisions were made for the right of the carrier's servants and agents to protection under the terms of the Convention. Rules have appeared on the impossibility of limiting the liability of the shipowner, his agents and employees, if "the damage was the result of an act or omission of the carrier, (employee or agent), committed with the intent to cause damage or out of arrogance and with awareness of the possibility of causing damage." The Protocol also expanded the geographical scope of the Convention. Finally, the Protocol allows each state to expand the scope of the Convention at its own discretion. Thus, since the entry into force of the Protocol, some countries have continued to be guided only by the Hague Rules, while others have continued to be guided by the Hague Rules, supplemented by the Wisby Rules.
• 3. United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules), adopted in Hamburg in 1978, with entry into force on January 1, 1992, formalized the third legal regime in the field of maritime transport of goods. The Hamburg Rules govern a broader scope of maritime freight transport and are very similar to those applicable to other modes of transport. The liability of the carrier remains here for the period during which the goods are in the care of the carrier at the port of loading, during carriage and at the port of discharge. Russia joined the International Convention on the Unification of Certain Rules on Bills of Lading of 1924 and the Protocol of 1968 (The Hague-Visby Rules).

The contract of carriage by sea or the contract of chartering a vessel (charter) in tramp shipping between the sea carrier (charterer) and the consignor or consignee (charterer) must be concluded in writing. In most cases, it is concluded with the help of an intermediary or a freight broker. The main document when registering the carriage of goods in international liner shipping is a bill of lading - a document confirming the acceptance of goods for sea (or river) transportation and obliging the carrier to issue the goods to the rightful owner (Fig. 11.6).

The bill of lading is a receipt confirming the acceptance for transportation of the goods indicated on the front side of this document; a contract for the carriage of goods on the terms specified in it; title document. The Code of Merchant Shipping of the Russian Federation contains the following mandatory data for inclusion in the bill of lading: the name of the carrier and its location, the name of the port of loading and the date the cargo was received by the carrier at the port of loading, the name of the sender and its location; name of the port of discharge, name of the recipient (if indicated by the sender), time and place of issue of the bill of lading, number of originals of the bill of lading, if there are more than one, signature of the carrier or a person acting on his behalf (such persons may be a maritime agent or intermediary). When accepting the cargo, the recipient checks the condition and quantity of the cargo, because the carrier is obliged to bring the vessel into a condition suitable for receiving, transporting and storing the cargo before the voyage.

In Russia operates Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ (KTM RF) (with subsequent changes). The Merchant Shipping Code is a legislative act that regulates relations arising from merchant shipping. The code contains provisions that determine the legal status of the ship, crew, organization of transportation of goods and passengers, towing, marine insurance, general average, the procedure for compensation for losses from ship collisions, remuneration for salvage at sea, the limits of liability of the shipowner, etc.

Rice. 11.6.

International rail transport is governed by a universal international agreement in this area - the Berne Convention on the Carriage of Goods (CIM) of 1890. This convention was successively revised in 1928 and 1938. and together with the Berne Convention on the Carriage of Passengers (MPG) became part of a single Convention on International Carriage by Rail (CIM/COTIF- CIM/COTIF), containing uniform legal provisions for contracts for the international carriage of goods and passengers by rail. The International Committee of Railway Law (C/7), dealing with the development of international law in the field of rail transport, developed proposals for corrections and additions, which were completed by the adoption by the General Assembly of the Intergovernmental Organization for International Carriage by Rail (OTIF) of the text of the convention, as amended by the Vilnius Minutes of amendments dated June 3, 1999. This edition came into force on July 1, 2006. In accordance with Federal Law No. 172-FZ of July 17, 2009, Russia applies certain provisions of COTIF and, as the successor of the USSR, continues to carry out rail transportation in accordance with Agreement on International Cargo Agreement (SMGS), in which the countries of the CIS, the Baltic States, Poland, Bulgaria, Mongolia, China, North Korea, Turkey, and Iran are currently participating. Carriage of goods by rail to the Western European countries participating in COTIF and in the opposite direction is accompanied by a forced re-issuance of the contract of carriage at the border railway stations of countries that have acceded to COTIF and SMGS. In 2006, under the auspices of the United Nations Economic Commission for Europe, the International Committee for Railway Transport and the Organization for Cooperation between Railways, together with the Ministry of Transport of Russia and Russian Railways, an Appendix to the Agreement on International Rail Freight Traffic "Guidelines for the CIM/SMGS consignment note" was prepared, providing for the use of a unified railway bill of lading in countries with different transport laws. This will reduce the possibility of reporting false information about goods to the customs authorities when reissuing transport documents en route, as well as reduce the associated costs.

Transportation by international air transport is carried out in accordance with Warsaw Convention on the contract for the carriage by air(1929) as amended and supplemented by the Hague Protocol of 1955, the Guatemalan Protocol of 1971 and the Montreal Protocol of 1975. The Warsaw Convention applies to scheduled air services, and Russia is a party to it. The legal basis of the agreement on air transportation in non-scheduled (charter) services is the provisions of the Guadalajara Convention on the Unification of Certain Rules Relating to International Carriage by Air of 1961.

International air transportation is an air transportation in which the point of departure and the point of destination are located respectively in the territories of two states; on the territory of one state, if there is a landing point (points) on the territory of another state (clause 2, article 101 of the Air Code of the Russian Federation). Russia is not a member the Montreal Protocol, however, its rules will apply to international carriage in which the place of departure and the place of destination are located on the territory of the same state party to this protocol, and the agreed stopover is provided on the territory of the Russian Federation. The contract for the international carriage of goods by air is concluded by drawing up an air transportation document (air waybill).

The air waybill must contain the following information:

• the place where the document was drawn up and the day it was drawn up;
• places of departure and destination;
• the planned stops, while maintaining the possibility for the carrier to condition his right to change them if necessary and without this change depriving the carriage of its international character;
• the name and address of the sender;
• the name and address of the first carrier;
• the name and address of the recipient, if any;
• type of goods;
• quantity, type of packaging, marking or place numbers;
• weight, quantity, volume or dimensions of the goods;
• the external condition of the goods and their packaging;
• the cost of carriage, if any, the time and place of payment and the person to be paid;
• if dispatch is by cash on delivery, the value of the goods and, where appropriate, the amount of the costs;
• the amount of the declared value;
• the number of copies of the air transportation document;
• documents handed over to the carrier together with the air transportation document.

The absence, incorrect compilation or loss of the invoice does not mean that the air transportation contract has not been concluded or that it is invalid. The circumstance signifying that the contract has been concluded is the acceptance by the carrier of the goods. The consignment note is drawn up by the consignor of the goods in triplicate. The first copy remains with the sender, the second - with the carrier, the third is intended for the recipient and follows along with the goods. In case of damage to the delivered goods, the recipient must immediately or no later than 7 days, send an objection to the carrier in the form of a clause noted in the consignment note or in the form of a separate written message. The limitation period for disputes on claims for compensation by the carrier for damages for lost (damaged) cargo is 2 years from the moment of arrival of the ship or from the day when the ship should have arrived.

International multimodal traffic is governed by the following documents: the UN Convention on International Multimodal Transport of Goods, adopted in 1980 and the UNCTAD-ICC Rules for Multimodal Transport Documents, 1992, adopted in Geneva. Since the Convention has not entered into force to date, and the Rules are optional, i.e. not binding rules, each party regulates the terms of the multimodal transport contract only if the parties to the contract have recognized it as appropriate. In practice, the UNCTAD-ICC Rules are most often applied.

Thus, it becomes obvious that the role of logistics in today's globalized economy is increasing. The traditional functional areas of logistics (transportation, inventory management, purchases and orders, warehousing, cargo handling, packaging) have been integrated into a strategic innovation system based on the use of information technology. This allows companies engaged in international business to significantly reduce inventory, speed up the execution of foreign trade contracts, and reduce logistics costs. Of course, the ability to make optimal decisions regarding material and financial resources and work effectively with external counterparties using logistics systems maintains a positive image of the company in the international market and increases its competitiveness.

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2. International conventions on international transport

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Transportation facilities, transport networks and terminal complexes used in the international transportation of goods and passengers are characterized by high capital intensity of facilities and, in many cases, low return on assets (capital return). In view of this, the transport business belongs to the category of the most risky for private capital.

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

Most international transport conventions have provisions relating to the contract for the carriage of goods and passengers in the relevant international traffic. According to the contract, one party - the transport organization (carrier) - undertakes to deliver the cargo or passenger to the specified destination, and the other party - the cargo owner (passenger) - undertakes to pay the carriage fee to the carrier. The remaining terms of the contract of carriage supplement, concretize and decipher the above obligations.

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

Characteristics of modes of transport used in international transportation:

Railway transport

Railways are the most cost-effective mode of transport for the transportation of wagon loads in bulk of coal, ore, sand, agricultural and forest products - over long distances. Recently, railroads have begun to increase the number of services to meet the specifications of customers. New equipment was created for more efficient handling of certain categories of goods, platforms for the transportation of car trailers (travel piggyback), services began to be provided en route, such as redirecting already shipped goods to another destination right on the route and processing goods during transportation.

Water transport

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

Automobile transport

Freight transport is constantly increasing its share in transportation. This type of transportation is extremely flexible in terms of routes and schedules. Trucks are able to transport goods "from door to door", saving the sender from the need for unnecessary transportation. Trucks are a cost-effective mode of transport for transporting high-value goods over short distances. In many cases, road transport rates are competitively comparable to those of railroads, but trucks usually provide a more responsive service.

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 through oil pipelines is cheaper than by rail, but somewhat more expensive than by water. Most pipelines are used by owners to transport their own products.

Air Transport

This type of transport is becoming increasingly important. Although air freight rates are much higher than rail or road rates, air transportation proves to be ideal when speed is of the essence and/or when it is necessary to reach distant markets. Among the most frequently transported goods by air are perishable products (such as fresh fish, fresh flowers) and low-volume, high-value items (such as appliances, jewelry). 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.

Selecting the type of transport

When choosing a means of delivery for a particular product, shippers take into account up to six factors. Table __ provides a brief comparison of the 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 minimum 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.

Assessment of modes of transport according to the criteria of large senders

Thanks to containerization, shippers are increasingly resorting to the simultaneous use of two or more modes of transport. Containerization is the loading of goods into crates or trailers that are easy to transport from one mode of transport to another. Rail piggyback is transportation using rail and road transport, ship piggyback is transportation using water and road transport, "rail-ship" is transportation using water and rail transport, "air highway" is transportation using air and road transport. Any mixed mode of transportation provides the sender with certain benefits. For example, a rail-mounted piggyback is less expensive than a pure road transport and at the same time provides flexibility and convenience.

International maritime communications

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. Currently, more than 70 states participate in the Brussels Convention. The main attention in the Hague Rules is given to the issue of the responsibility 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 ones, 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.

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

International river communications

A set of issues related to the organization of international transportation along the Danube River is regulated by the Bratislava Agreements concluded by the river shipping companies of the Danube countries. The participants of the first of them - the Agreement on General Conditions for the Transportation of Goods on the Danube River in 1955 were the shipping companies of Bulgaria, Hungary, Romania, the USSR and Czechoslovakia. In 1966, river shipping companies of Yugoslavia joined this agreement, and in 1968 - Austria and Germany. The next step was the conclusion in 1978 by these shipping companies of the International Agreement on General Conditions for the Transport 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 air transport, signed in Warsaw in 1929 and supplemented subsequently by protocols: The Hague of 1955, Guatemala of 1971 and Montreal of 1975. Most countries of the world participate in it.

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

International rail connections

The most universal multilateral agreements on international railway communications are the Berne Conventions on the Carriage of Goods (abbreviated as CIM) and on the Carriage of Passengers (IPC), 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 Rail Transportation, as amended in 1980 (COTIF), containing the combined text of the Berne Conventions. The majority of European and a number of Asian and African countries are members of the Berne Conventions.

International road connections

This type of traffic is governed by the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), which entered into force in 1961 and 1968 respectively. Most of the 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 with the Application of an International Road Transport Carnet (TIR, TIR Convention) was concluded. In 1975, its new edition was adopted.

International mixed messages

In the 1970s, within the framework of several international organizations, a draft agreement on a direct multimodal transport agreement was being developed. As a result, in 1980 the UN Convention on International Multimodal Transport of Goods was adopted.

Organization of international transportation

The main provisions that determine the organization and conditions for the carriage of goods and passengers in international communications 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 transport representatives of the two countries. Finally, these issues are often regulated by the domestic transport legislation of individual countries. But the lack of international regulation of the transportation of goods and passengers does not prevent carriers and cargo owners (passengers) from entering into relations regarding international transportation.

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

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 transportation organization have developed - linear (regular) and tramp (irregular).

International liner shipping. International liner communications are organized by maritime carriers in stable geographic areas of international trade in finished industrial products, semi-finished products, foodstuffs 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 anchoring of ships in a given direction and their regular calls at certain ports according to a pre-announced schedule. Transportation is paid by consignors at the rates of the tariff established by carriers. Linear tariffs are stable over a long period of time.

The volume of services provided by sea liner carriers to shippers and consignees is much larger than in tramp shipping. Typically, sea liner carriers assume the obligation to pay the cost of loading goods at the port of departure and unloading at the port of destination. Additional costs of shipowners related to the specifics of liner conditions are reimbursed in the liner shipping tariffs. A specific interpretation of the liner conditions of carriage is given in the pro forma of the liner bills of lading.

International liner transportation is formalized by a bill of lading issued by the sea carrier to the consignor at the time the cargo is transferred to the carrier. By its legal nature, a bill of lading is evidence of acceptance by the carrier of the goods named in it. In addition, it confirms the existence of a contract of carriage between the carrier and the consignor. Finally, the bill of lading gives the shipper and other person named on 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, the practice of international liner transportation has begun to include another transport document, the sea waybill, instead of the bill of lading. This document, which is not a document of title, speeds up the procedure for the delivery of goods at the port of destination.

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

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

Any charter contains a number of mandatory conditions relating to the vessel, cargo, freight, the procedure for paying for stevedore work, dispatch, demurrage.

In international tramp shipping, the carrier usually issues a bill of lading which, among other things, governs the relationship between the carrier and the consignee, who is not the charterer.

It should be noted that in international practice, no legal act (convention, agreement) has been created to regulate issues related to the content or form of the charter. The main source of law in relation to charters is the national legislation of the respective countries.

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Relations on the international transportation of goods and passengers are regulated by bilateral or multilateral conventions, agreements on transport issues. Transport conventions in private international law are called differently: contracts, statutes, tariffs, rules, etc. Transport conventions, as a rule, are adopted in relation to individual modes of transport. However, there are conventions that cover the activities of all or several modes of transport.

The Republic of Belarus is a party to a number of such agreements. In particular, in the field of railway transport - Agreements on international freight and passenger traffic (SMGS and SMPS), concluded by the USSR with the former socialist countries of Europe and Asia; bilateral conventions of the USSR with Austria, Iran, Turkey, Finland and Yugoslavia. Bilateral agreements are concluded by the Republic of Belarus with many states in the field of aviation and road transport

The rules of law governing the activities of transport and contained in regulations constitute national transport legislation, which has its own characteristics in each country, and therefore cannot properly ensure the operation of transport in international transport. To ensure transport links between countries and continents, it is necessary to have special and, moreover, uniform rules and norms that cannot be developed in order to supplement and improve domestic legislation, but must be unified at the international level by adopting international conventions (joining existing international conventions on transport law), the conclusion of bilateral and multilateral international agreements.

The system of international transport agreements is quite complex. Depending on the subject of regulation, agreements can be universal (related to the operation of various modes of transport), sectoral (on the regulation of relations on one mode of transport) or special (aimed at regulating certain issues of transport activity).

The current system of transport conventions includes three types of international agreements: agreements on general principles and organization of international communications; agreements on the establishment of uniform conditions for transportation on the establishment of uniform conditions for the carriage of passengers and goods;

agreements aimed at facilitating transport links between countries (the use of wagons and containers, facilitating customs procedures, etc.).

At present, along with differentiation in the regulation of the transportation of passengers and goods, there is an increasing trend towards the unification of regulations that normalize relations in international transportation carried out by various modes of transport. The norms that determine the content of an international contract for the carriage of goods, applicable to individual modes of transport, should not have significant differences, since the main difference between modes of transport is manifested primarily in the field of technology for moving cargo in space and the operation of vehicles.

The need for the movement of goods between points of departure and destination, separated not only by distance, but also by the geographical nature of the path (sea - river - land), determine the use of specialized vehicles and cause the emergence of multimodal transport. At the same time, the rapid development of direct (through) international container traffic has put forward new problems for transport. The technological basis of containerization is the consolidation of packages, i.e. combining individual small consignments into one large shipment by using heavy containers and other technical devices (pallets, packages, etc.) Thus, changes in the technology of international transportation have caused new requirements for the legal regulation of relations in all modes of transport without exception.

Transport conventions and world practice knows various types of international transportation, each of which has its own legal features. International shipping can be divided into the following types:

1. transportation by individual modes of transport and mixed transportation by various modes of transport;

2. regular (linear) and irregular transportation;

3. non-reloading (non-transfer) and reloading (transfer) transportation;

4. neighboring, transit and through transportation (circular, circular);

5. transportation of direct communication, and indirect (broken) communication, transportation by successive carriers and transportation with reconsignment;

6. border transport, and shuttle transport.

The participating states must fully comply with the requirements of international agreements signed by the state and ensure their implementation by legal entities and individuals, since the basic principle of international law is the principle of conscientious fulfillment of the obligations assumed. The legislation of the Republic of Belarus contains an indication of the priority of international obligations arising from international treaties of the Republic of Belarus.

By acceding to the existing international conventions on transport law, or by signing new ones, the Republic of Belarus must include their norms in the national legislation. Implementation is carried out in various forms: by ratifying or adopting relevant internal regulatory legal acts containing similar norms.

The process of functioning of international transport is more complicated than that of domestic transport. There are several spheres of social relations, different in their content, which are the subject of legal regulation. Interstate relations in the field of international transport relating to the mutual rights and obligations of states on transport communications (including transit), the procedure for establishing interstate communications, as well as their activities in international transport relations, are governed by the rules of public international law enshrined in international treaties. The relations of transport organizations and their clientele related to the international transportation of passengers and goods, which are implemented under the contract of carriage, and many other issues are regulated by the rules of private international law, enshrined in international treaties and the transport legislation of states. These are, as a rule, norms of civil and civil procedural law.

Relations in the field of international transport are regulated both by multilateral conventions, treaties and agreements adopted directly by international organizations or under their auspices, and by bilateral legal acts. Both the first and the second are commonly referred to as transport conventions, contracts.

Transport conventions determine the basic conditions for the carriage of passengers and goods in international traffic, establish international tariffs, the procedure and conditions for the carrier's responsibility, etc.

According to the objects of legal regulation, transport conventions can be conditionally divided into the following groups: 1) on the general principles and organization of international transportation; 2) on the conditions for the carriage of goods and passengers; 3) on tariffs for international transportation; 4) aimed at facilitating transport links between states (facilitating customs procedures, tax regime, etc.); 5) regulating the specific aspects of the activity of certain types of transport; 6) providing for the protection of the property interests of participants in the transport process (carriers, consignors, consignees, etc.).

Agreements on the general principles and organization of international transportation are represented by agreements regulating: the legal status of means of communication; trade and political regime of transport operations;

requirements for vehicles (technical and operational standards);

the procedure for crossing the border and moving through foreign territory;

transport documentation; conditions for mutual settlements for transportation, customs and administrative formalities, tax regime; procedure for settling disputes.

Agreements on the conditions for the carriage of goods and passengers are also inherent in all modes of transport. They can be called framework ones, since they contain unified civil law rules on the terms of a contract for international carriage by a specific mode of transport, on the basis of which narrower agreements are signed on a special nature: on tariffs, special conditions for the transport of dangerous and perishable goods, etc.

Agreements on tariffs for international transportation are most widespread in rail transport. Such agreements are concluded between transport organizations, but come into force only after their approval by the competent state authorities.

The group of agreements aimed at facilitating transport links between states includes the following international agreements: on customs formalities; on the tax regime of international vehicles and transported goods; on the legal regime of international vehicles; on the common fleet of freight railcars; about the container system.

The next type of agreements regulating the specific aspects of the activity of certain modes of transport are agreements that cover purely specific aspects of the activity of a particular mode of transport. The most characteristic of them are bilateral lease agreements for ships and aircraft: lease agreements on the terms of “bareboat charter” (rent of ships without crews). Treaties on the salvage of ships also belong to this group. They are signed directly by the captains of the ships (in distress and salvage) directly concerned.

The most common agreements regulating the protection of the property interests of participants in the transport process are:

insurance contracts for vehicles, cargo, passengers and luggage;

agreements on limitation of liability of carriers (maritime transport);

agreements on the liability of transport organizations in case of causing harm to third parties outside the contract of carriage; liability agreements for the transport of nuclear materials (maritime transport); agreements on liability for damage caused by oil pollution of the marine environment, etc.

Ensuring international transportation of goods and passengers is largely associated with compliance with the standards established in foreign countries and applied to the rolling stock. Standards and regulations concern environmental safety, road safety

International transport activities, as you know, are governed by many conventions and agreements. The Republic of Belarus is a member of only a part of them. However, the choice of direction for improving domestic transport legislation should also take into account those international treaties to which the Republic of Belarus has not yet acceded.

It should be taken into account that the documents of the Inland Transport Committee of the Economic Commission for Europe. Economic and Social Council of the United Nations are subject to only limited distribution. These documents are distributed only to governmental, specialized agencies and governmental and non-governmental organizations participating in the work of the Committee and its subsidiary bodies, and they should not be distributed to newspapers and periodicals.

Below are the main international agreements and conventions in the field of transport.

1. Transport infrastructure

Declaration on the construction of international highways of September 16, ]950. Entered into force on September 16, 1950.

The European Agreement on International Highways (CMA) of November 15, 1975. Entered into force on March 15, 1983. Belarus.

European Agreement on Main International Railway Lines (AGC) dated May 31, 1985. Entered into force on April 27, 1989. Belarus.

European Agreement on Important International Combined Transport Lines and Related Facilities (AGTC) of February 1, 1991. Entered into force on 20.10.1993.

2. Traffic and road signs and signals

Convention on Road Signs and Signals of November 8, 1968. Entered into force on June 6, 1978. Belarus.

European Agreement Supplementing the 1968 Convention on Road Signs and Signals of 1 May 1971

d. Entered into force on 03.08.1979. Belarus.

European Agreement Relating to the Application of Article 23 of the 1949 Convention on Road Traffic Concerning Sizes and Weights of Vehicles of Transit Permitted to Travel on Certain Roads of the Contracting Parties, of 16 September 1950. Entered into force on 01.07.1952

European Agreement Supplementing the 1949 Convention on Road Traffic and the 1949 Protocol on Road Traffic and the 1949 Protocol on Road Signs and Signals of September 16, 1950. Entered into force on 12/20/1953.

European agreement on road markings of December 13, 1957. Entered into force on 08/10/1960. Protocol on Road Markings to the European Agreement Supplementing the Convention on Road Signs and Signals of March 1, 1973. Entered into force on April 25, 1985. Belarus.

Agreement on Minimum Requirements Concerning the Issuance and Validity of Driving Permits (DLAs) dated April 1, 1975. Entered into force on January 31, 1994.

3. Road vehicles

Agreement on the adoption of uniform conditions for approval and on the mutual recognition of the approval of equipment and parts of motor vehicles dated March 20, 1958. Entered into force on 06/20/1959. Belarus.

4. Other legal documents in the field of road transport

European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), dated July 1, 1970. Entered into force on January 5, 1976. Belarus.

Convention on the Taxation of Private Road Vehicles Used in International Traffic of May 18, 1956. Entered into force on August 18, 1959.

Convention on the Taxation of Road Vehicles Used for the International Carriage of Passengers, December 14, 1956. Entered into force on August 29, 1962.

Convention on the Taxation of Road Vehicles Used for the International Carriage of Goods, December 14, 1956. Entered into force on 29.08.3962.

Convention on the Contract for the International Carriage of Goods by Road (CMR) dated May 19, 1956. Entered into force on 2.07.!961. Belarus.

Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) dated July 5, 1978. Entered into force on December 28, 1980.

Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CAPP) dated March 1, 1973. Entered into force on April 12, 1994.

Protocol to the Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CAPP) dated July 5, 1978. Did not enter into force.

The general agreement on the economic regulation of international road transport of March 17, 1954 has not entered into force.

5. Inland navigation (private law)

Convention on the Unification of Certain Rules Concerning Liability Arising from a Collision of Inland Navigation Vessels, March 15, 1960. Entered into force on September 13, 1966.

Convention on the Registration of Inland Navigation Vessels of January 25, 1965. Entered into force on 24-06.1982-

Convention on the Measurement of Inland Navigation Vessels of February 15, 966 - Entered into force on April 19, 1975,

Convention on the Limitation of Liability of Owners of Inland Navigation Vessels (CEP) of 5 July 1978

Protocol to the Convention on the Limitation of Liability of Owners of Inland Navigation Vessels (CEP) of 5 July 1978

Convention on the Contract for the International Carriage of Passengers and Luggage by Inland Waterways (CVN) of February 6, 1976

Protocol to the Convention on the Contract for the International Carriage of Passengers and Luggage by Inland Waterways (CVN) of 5 July 1978

6. Facilitate the conditions of transportation

Convention on Customs Facilities for Tourists, signed in New York on June 4, 1954. Entered into force on September 11, 1957.

Customs Convention on the Temporary Importation of Private Road Vehicles, signed in New York on June 4, 1954. Entered into force on 12/15/1957.

Customs Convention on the International Carriage of Goods Using a TIR Carnet (TIR Convention) dated January 15, 1959. Entered into force on January 7, 1960.

Customs Convention on the International Carriage of Goods Using a TIR Carnet (TIR Convention) dated November 14, 1975. Entered into force on March 20, 1978. Belarus.

Customs Convention concerning the Temporary Importation for Private Use of Aircraft and Pleasure Craft of May 18, 1956. Entered into force on 1.01.1959.

Customs Concept concerning the Temporary Importation of Road Vehicles for Commercial Purposes of May 18, 1956. Entered into force on 8.04.1959-

International Convention to Facilitate the Crossing of Frontiers for the Carriage of Passengers and Luggage by Rail of January 10, 1952. Entered into force on April 1, 1953.

International Convention to Facilitate the Carriage of Goods by Rail Across Frontiers of January 10, 1952. Entry into force 1.04.953,

Customs Convention on spare parts used for the repair of wagons ECCOR, dated January 15, 1958. Entered into force on January 1, 1961.

Customs Convention concerning containers, 1972 of December 2, 1972. Entered into force on 6.12.1975. Belarus.

European Convention on the Customs Treatment of Pallets Used in International Carriage of December 9, 1960. Entered into force on June 12, 1962.

International Convention on the Harmonization of Frontier Controls of Goods dated October 21, 1982. Entered into force on 10/15/1985. Belarus.

Convention on the customs regime applicable to containers transferred to the pool and used for international transport, dated January 21, 1994

7. Transportation of dangerous goods

European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) of 30 September 1957. Entered into force on 29.01.1968. Belarus.

Protocol amending Article I a), Article 14(1) and Article 14(3) of the European Agreement of 30 September 1957 concerning the International Carriage of Dangerous Goods by Road (ADR) of 28 October 1993

Convention on Civil Liability for Damage Caused during the Carriage of Dangerous Goods by Road, Rail and Inland Water Transport (CRTD), 10 October 1989

8. Transportation of perishable foodstuffs

Agreement on the International Carriage of Perishable Foodstuffs and on Special Vehicles Designed for These Carriages (SPS), dated September 1, 1970. Entered into force on January 21, 1976.

International conventions governing transport activities can also be presented in a different classification by mode of transport. Some of these conventions are aimed at regulating the activities of various modes of transport.

The Republic of Belarus is also a party to a number of CIS conventions. It should be noted that both in the short and long term, international transport relations within the CIS will be decisive for the transport system of the Republic of Belarus. As for transport communications with the countries of the “near” abroad, although they have acquired the character of international ones in accordance with the Agreement on the Creation of the CIS of December 8, 1991, they are nevertheless carried out with certain features. The essence of this situation lies in the fact that the need for a transitional period to establish a new effective legal model has not yet made it possible to make the transition to the application of the generally accepted international legal regime in the implementation of transport communications between the CIS member states.

This is especially evident in the field of railway transport, where a number of interstate agreements have been signed between the Republic of Belarus and some other states, which provide for the maintenance of the still valid normative acts of the former USSR on the operational work and conditions for the transportation of goods and passengers.

It is necessary to intensify work in the joint organizations of the CIS on the issues of operation and development of transport, in particular, in the Integration Committee of 5 states (Russia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan) and the Committee of Communications of the Union of Belarus and Russia on the creation and development of an integrated transport system of both states , which was enshrined in Article 9 of the Charter of the Union of Belarus and Russia.

At the same time, the Republic of Belarus has its own characteristics in comparison with other CIS states in terms of ensuring transport flows, especially transport flows East - Belarus - Western Europe. We believe that it is necessary to take into account this component for the further development of both the transport system and the transport legislation of the Republic of Belarus. The main goal of improving the international transport legislation of the Republic of Belarus is to strengthen the positions of the transport of the Republic of Belarus in the international market of transport services.

Regulation of the international transport activities of national carriers in the foreseeable future should be harmonious with the CIS countries, but be focused on providing national carriers with favorable starting positions in the competition in the transport services market. Defending the interests of national carriers will, to a certain extent, constitute further activities for the inclusion of the Republic of Belarus in the international transport system. To this end, both international treaties of the Republic of Belarus within the framework of the CIS and domestic transport legislation should be developed to a greater extent based on the European component of the norms of international law governing the transport activities of European countries.

In this regard, the Ministry of Transport and Communications of the Republic of Belarus should consider and adopt a special program of accession to European conventions and agreements regulating international transport activities.

independent transport problems. First, more active participation of the Republic of Belarus and its transport in the improvement and practical implementation of the existing system of international transport conventions that determine the forms and conditions of modern international communications. Secondly, more rational use of national transport communications and national transport in the implementation of interstate communications using the infrastructure and transport communications of the Republic of Belarus for transit traffic.

Relations developing in the field of international transport. regulated, firstly, by multilateral conventions and treaties. agreements adopted directly by international organizations or under their auspices, and secondly, bilateral treaty-legal acts. Both the first and the second are commonly referred to as transport conventions, contracts.

Transport conventions are adopted in relation to individual modes of transport. The largest number of them is accepted for maritime transport, since it is the most complex in all respects, especially since maritime transport connects all modes of transport of the continents into a single transport system.

When considering the issues of legal regulation of each mode of transport, the most significant conventions that have a significant impact on the activities of a particular mode of transport will be analyzed separately.

In addition to transport conventions relating to one mode of transport, there are also those that cover the activities of all or several modes of transport. An example is the International Convention on Safe Containers (CSC), which was adopted on December 2, 1972 in Geneva and entered into force on September 6, 1977. Currently, more than 40 states are its participants. The Republic of Belarus is also its participant.

This Convention is aimed at protecting human life, facilitating international container traffic and ensuring safety in port handling, stacking and transport of containers on ships and other vehicles. Each container must go through a special admission procedure before operation.

States parties to the convention are required to develop an effective procedure for testing and admitting containers in accordance with the criteria established by the convention. An admission made with the permission of one state is recognized by other states parties to the convention.

Each container is subject to control by officials on the territory of the countries participating in the convention. This control should be limited to the presence of a valid safety approval plate on the container. If there is a guess. that there is an obvious security threat, officials take action to ensure that. to prevent the container from being used until it is in proper condition.

The 1972 Convention regulates the container transportation of goods by all modes of transport, as well as in mixed traffic. This circumstance is very important, as it speeds up the processing of goods, and most importantly, speeds up the process of transshipment of goods from one mode of transport to another.

Transport conventions determine the basic conditions for the carriage of goods and passengers in international traffic, establish international tariffs, the procedure and conditions for the carrier's responsibility, etc. It is clear that the norms of these conventions are subject to mandatory application on the territory of their member states.

According to the objects of legal regulation, transport conventions can be conditionally divided into six groups. These are international agreements:

1) on the general principles and organization of international transportation:

2) on the conditions for the carriage of goods and passengers;

3) on tariffs for international transportation;

4) aimed at facilitating transport links between states (facilitating customs procedures, tax regime, etc.);

5) regulating the specific aspects of the activity of certain types of transport;

6) providing for the protection of the property interests of participants in the transport process (carriers, consignors, consignees, etc. Let's consider these groups of agreements in more detail:

1. Agreement on general principles and organization of international transport.

This group includes agreements regulating:

Legal status of means of communication;

Trade and political regime of transport operations;

Requirements for vehicles (technical and operational standards);

The procedure for crossing the border and moving through foreign territory;

Transport documentation:

Terms of mutual settlements for transportation, customs and administrative formalities, tax regime;

The procedure for settling disputes.

Considering this group of agreements, it is impossible not to mention that practically the first attempt to create a common activity of railway transport was the Agreement and the Statute on the international legal status of railways, signed in Geneva on December 9, 1923. For many reasons, this Agreement did not gather a wide circle of participants and did not receive any practical significance. At present, it is formally considered valid, but in fact it has lost its meaning.

In the field of air transport, general issues were resolved in the Convention on International Civil Aviation, which was developed at an international conference in Chicago, hence its name Chicago) and signed on December 7, 1944. It entered into force on April 7, 1947. This Convention replaced the Paris Convention Relating to Air Navigation of 1919 and the Havana Convention on Commercial Aviation of 1928.

Currently, more than 150 states are parties to the Chicago Convention. By the Decree of the Supreme Council of December 9, 1992, the Republic of Belarus joined it.

The main goal of the Chicago Convention is to ensure the safe and orderly development of international civil aviation, the establishment of international air services on the basis of equal opportunities, their rational and economical implementation.

The convention consists of 4 parts and regulates interstate cooperation in such areas as air navigation and international air transport.

The convention recognizes the full and exclusive sovereignty of each state with respect to the airspace over its territory.

Thus, this Convention is very broad in its content and defines both the legal basis for air flights between states and the main technical requirements for aircraft used in international traffic.

Characteristically, at present, the largest number of transport conventions in force relate to maritime merchant shipping. This situation is explained by the fact that sea transport is the "earliest", the most widespread and relatively cheap.

But it should be noted that the general issues of maritime use are reflected in the UN Convention on the Law of the Sea2 adopted by Jamaica on December 10, 1982 and entered into force on November 16, 1994. The Convention establishes a comprehensive regime for the entire maritime space. It contains provisions regulating the limits of national jurisdiction in maritime space, access to the sea. including inland states, shipping, protection and conservation of the marine environment, exploitation and conservation of living resources, etc.

Of the other conventions regulating the general aspects of the activities of maritime transport, the following should be mentioned:

Convention to Facilitate International Maritime Navigation, 1965:

UN Convention on the Carriage of Goods by Sea, 1978;

1974 Linear Conference Code Convention and many others.

In the field of international road transport, there are also a number of multilateral conventions of a general nature, these include:

Convention on Road Traffic and Protocol on Road Signs and Signals, signed at Geneva on 19 September 1949.

Convention on International Land Transport, signed on October 19, 1966 by Latin American countries, etc.

All these agreements, firstly, establish general principles for the operation of certain modes of transport and apply to both freight and passenger traffic; secondly, they determine mainly the rights and obligations of states and, thirdly, they create a legal basis for the conclusion of other agreements on specific issues of international transport.

Agreements on the organization of international transportation by road and air are usually adopted on a bilateral basis. These agreements are aimed primarily at regulating the duties and rights of transport organizations involved in the implementation of international transportation.) Agreements on the conditions for the carriage of goods and passengers.

Agreements of this group are inherent in all modes of transport. They can be called to some extent framework, since they contain unified civil law rules on the terms of an international transportation contract by a specific mode of transport, on the basis of which narrower agreements of a special nature are signed: on tariffs, special conditions for the transport of dangerous goods, perishable goods, etc. . Tariff agreements for international transport.

International tariff agreements are currently the most widespread in railway transport. They are concluded within the framework of railway unions, as well as in maritime transport, where they supplement agreements on liner conferences. Such agreements are concluded between transport organizations, but come into force only after their approval by the competent state authorities.

International tariff agreements usually have the following sections:

General provisions, including indications of scope and

the procedure for applying tariffs;

Distance tables (ports of departure and destination);

Tables of freight charges (the tariff charge is indicated);

Additional fees charged for transportation, benefits and discounts.

1. Agreements on tariffs for international transportation of goods contain the range of goods transported, their features, etc.

It should be said that, as a rule, a simplified procedure is provided for the revision of tariff agreements for rail and road transport.

Tariff agreements in international shipping are specific. They come in two forms:

Agreements on freight rates (tariffs) in tramp shipping;

Tariff agreements in liner shipping (liner tariff agreements).

Liner shipping rates provide for the recovery of fixed and variable costs and profit. Tariffs provide for differential rates depending on the characteristics of the cargo. When determining tariff rates, factors such as the loading volume of cargo, its length or heaviness, cost, the state of the commodity market, etc. are taken into account. In addition, tariffs are negotiated in agreements not only taking into account the costs and risks of the carrier, but also in accordance with the interests of foreign trade served countries. This is because the seller must be sure that the freight charge will not make his goods uncompetitive in the sales market, otherwise he will not export the goods, and therefore will not use the services of a carrier.

Agreements aimed at facilitation of transport between states.

This group includes the following international agreements:

About customs formalities;

On the tax regime of international vehicles and transported goods;

On the legal regime of international vehicles;

On the general fleet of freight rail cars;

About the container system.

2. Agreements of this group apply to all modes of transport. They can be both multilateral and bilateral.

Some of these agreements are designed to reduce the downtime of transport when processing customs documents at state borders, as well as the delay of goods in customs warehouses. It is known that even a slight reduction in vehicle downtime significantly reduces operating costs, and this, in turn, leads to a reduction in tariffs for the transportation of goods and passengers.

3. Agreements regulating the tax policy in the field of transport are important in that on their basis a coordinated streamlining of the tax system of the countries concerned is achieved, and this leads to a revival of foreign trade and an increase in the volume of cargo transportation, which cannot but lead to the improvement of acceptable and economical types transport.

4. Agreements that define the legal regime of vehicles primarily apply to ships and aircraft. These vehicles are known to be the most frequently pledged and the most frequently seized by foreign countries. Both are carried out on the basis of international agreements currently in force: the 1926 International Convention for the Unification of Certain Rules Concerning Maritime Preferential Claims and Maritime Liens, and the 1952 International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Vessels. As it appears. The Republic of Belarus needs to accede to these conventions, as they are the basis on which the national legislation in the field of maritime liens and mortgages is built. Besides. taking into account the provisions of these conventions, bilateral transport agreements are signed to resolve problems arising from the pledge and arrest of ships and aircraft.

In the second half of the 20th century, agreements appeared to promote the creation of an efficient system for the operation of vehicles, the mechanization and automation of cargo operations. These agreements are mostly multilateral and relate to the creation of a common fleet of railcars and secure containers used in almost all modes of transport.

5. Agreements regulating the specific aspects of the activities of certain types of transport.

This group includes agreements that cover purely specific aspects of the activities of a particular mode of transport. The most characteristic of them are bilateral leases of sea and aircraft: lease agreements on the terms of "bareboat charter" (lease of vessels without crews). Treaties on the salvage of ships also belong to this group. They are signed directly by the captains of the ships (in distress and salvage) directly concerned.

6. Agreements regulating the protection of property interests of participants in the transport process.

The participants of the transport process in the narrow sense, as is known, include carriers, consignors, consignees and their representatives. However, the circle of those interested (individuals, organizations, states, etc.) in the legal protection of their property and other interests is much wider. And this is understandable, since transport has been a source of increased danger, and incidents associated with it are often too severe or even irreplaceable. For example, the death of passenger liners (be it an airplane or a steamer), catastrophes of ships with nuclear engines, etc.

The most common agreements in this group are: insurance contracts for vehicles, cargo, passengers and luggage; agreements on limitation of liability of carriers (maritime transport); agreements on the liability of transport organizations in case of causing harm to third parties outside the contract of carriage; liability agreements for the transport of nuclear materials (maritime transport); agreements on liability for damage from pollution of the marine environment by oil, etc.

Finishing consideration of this section, it is necessary to stop on some legal features of the international transport agreements. This must be done in order to emphasize the fact that international transport agreements, being international treaties in essence, actually have some legal features related to the specifics of international transport.

In accordance with international law, the treaty gives rise to international legal norms and the rights and obligations arising from them only for the states that are parties to it. In other words, it does not give rise to rights and obligations for states that are not parties to this treaty, unless otherwise stipulated in it.

This provision is reflected in many international transport conventions, where it is downloaded that the subject of these conventions is the transport relations of the states that have concluded them. However, individual transport conventions contain rules that expand the territorial scope of their activities. For example, in Art. 1 of the 1929 Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention) gives the following definition of air transportation to which it applies: 1) the place of departure and the place of destination, regardless of whether or not there is a break in transportation or transshipments located on the territory of two States Parties to the Convention; 2) the place of departure and the place of destination are in the territory of the same State party to the Convention, but the stopover is provided for in the territory of another state, even if it is not a party to the Convention.

Transport conventions, like other international conventions, come into force, as a rule, from the date of signing, ratification. exchange of instruments of ratification or deposit with the depositary of a certain number of instruments of ratification. However, slightly different conditions for their entry into force can be added to this generally recognized rule in transport conventions. For example, in accordance with Art. 49 of the Convention on the Code of Conduct for Linear Conferences of 1974, it enters into force) after 24 states become parties to it, the total tonnage of the fleet of which is not less than 25% of world tonnage, according to Lloyd's Register for 1973. A similar rule was included in the Guatemalan Protocol of 1971 (which introduced a number of changes to the Warsaw Convention of 1929), where it was stipulated. that it will enter into force subject to the participation in it of five states, the volume of air traffic of which is not less than 40% of the total volume of traffic of the ICAO countries Art. (XX).

The rules that expand the territorial scope of transport conventions are explained by the desire of their developers, firstly. to the unification of the conditions of international transportation and. Secondly. the assumption that gradually the circle of participants in the relevant conventions will expand significantly.

Additional conditions for the entry into force of individual transport conventions are included in them by the developers in order to facilitate and speed up the entry into force of the agreement as much as possible, especially since its participants, as a rule, are large transport states interested in increasing the volume of international transportation of goods and passengers.

In addition to the named legal features inherent in transport conventions, there are others. Thus, for example, the entry into force of the revised Convention on Direct Communication entails, for the participating States that have not ratified the new text of the Convention, the termination of its validity in the previous wording. This excludes discrepancies and interpretations of agreements.

Chapter 3

^ 3.1. The system of legislative acts regulating transport and forwarding activities

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

The determining position in relation to all federal laws is occupied by the Constitution of the Russian Federation as the fundamental law of the Russian Federation. The Constitution is a source of transport law and contains norms that are directly related to transport, namely, it refers the management of federal transport and communications 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 on 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 railway transport of the Russian Federation;

Charter of motor transport of the RSFSR.
The peculiarity of these laws is that

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

Sanctioned customs regulate areas of relationships not covered by legislative acts. As a source of law, a custom is considered provided that it is sanctioned by the state in one form or another (reference in law or application in judicial practice). For example, "In the absence of instructions by law or contract, 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 this 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 transport 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 individual modes of transport, called "transport conventions", have been concluded.

^ Railway transport. The following main conventions and agreements apply to rail transport:

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

35

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

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

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

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

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

Trends in global demand for rail transport;

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 on 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 wagons, new
  automatic coupler and automatic brakes.

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

Among the oldest international organizations is ^ International Association of Railway Congresses (IAJK) - International Railway Congress Association (IRCA) 1 founded in 1885 in Brussels. The purpose 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 members of the WUA. The association includes 27 governments, 14 organizations and 94 railway administrations.

^ International Rail Transport Committee (CIT) - International Railway Transport Committee (CIT) 2 established in 1902; headquarters is located in Bern. The CIT comprises railway administrations, road transport organizations and shipping organizations from 31 European countries. The total number of CIT is over 300 members. The most important activity of the Committee is the development of measures to ensure:

Safety and timeliness of cargo and luggage delivery;

Rules for the acceptance of goods and baggage for transportation;

Rules for the departure, 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. In the development of this Convention in 1914, a transport agreement was signed Convention on International Trade(CIM), which was a set of basic transport rules for the railways of Europe. Subsequently, the CIM Convention has been repeatedly revised and supplemented. There is currently a single Convention on International Carriage by Rail(COTIF) (as amended in 1980) containing the consolidated text of the Berne Conventions. The majority of European and a number of Asian and African countries are members of the Berne Conventions, but Russia and 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 states -

Official website: www.uic.asso.fr.

1 Official website: www.aiccf.org.

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

members and in the application and development of the system. The provisions of the CIM (COTIF) can also be applied to international transport in mixed traffic using rail, river and sea transport.

The International Rail Transport Committee develops and publishes guidance documents for specific tasks 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 , East Germany, Poland, Romania, USSR and Czechoslovakia). In July 1953, the railways of Mongolia, China and North Korea joined this Agreement. The agreement was slightly 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 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 of Railways(OSJD).

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

The new activities 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 to improve the railway communication between the European

Ropa and Asia, adopted in 1994. In the process of implementing this Program, the main railway lines connecting Europe with Asia are 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 within the framework of the work of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP); promising cargo and passenger flows between the countries of 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 SMGS contains the following main provisions:

• 
  goods can be transported by railroads of two or more
  countries under one shipping document - international to
  treasure. In this case, transportation is called direct international.
  native message;
• 
  transportation is divided into direct rail (participate
  only railways) and direct mixed (except railway
  road, other modes of transport are also involved);
• 
  direct international rail links
  are reloading when goods are reloaded from wagons
  of a different gauge into wagons of a different one, and non-reloading when the goods are not
  are reloaded, and the bodies of the wagons are rearranged onto bogies
  goy gauge;
• 
  direct international rail links can
  be also non-reloading, if the gauge of neighboring countries
  the same (track of the same width as the roads of Russia, have
  Mongolia, Finland and separate lines in Poland, Slovakia
  and North Korea).

Thus, SMGS governs the relationship between the railways of the participating countries in their international transportation: when the consignor enters into an agreement with one of the railways of the participating countries for the shipment of goods, at least one other railway of another participating country subsequently also participates in this transportation.

The main goal of SMGS is the creation of a single 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 non-fulfillment and 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 repeatedly amended and supplemented. Each railway member of the SMGS is obliged to transport all

goods, except for those specially named, unless the internal rules of the route of departure provide otherwise. Carriage of goods is carried out between all stations open in the internal communications of countries whose railways participate in the SMGS. The following are not allowed for transportation in direct rail traffic:

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

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

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

Goods transported by small shipments weighing less than 10 kg;

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

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

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

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

The heads of the railway administrations of the CIS countries, in an effort to ensure the smooth 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 transitional period. At the same time, the regulatory documents of the Ministry of Railways of Russia that were in force at the time of signing the Agreement were left unchanged. The main normative act regulating the terms of international transportation of goods in the territory of the former USSR, with the exception of the Baltic countries, remains the SMGS, which regulates the relationship of the parties under a contract of carriage within the CIS. Countries

Asia - China, Vietnam, North Korea, Mongolia - remain full-fledged participants in the SMGS, as they have not denounced and have not withdrawn from it. This group of countries is fully covered by the jurisdiction of this regulation.

In addition to the main text, the countries participating in the SMGS adopted the Common International Transit Tariff (CET) and its supplement - the International Railway Transit Tariff (MTT), the Service Instructions to the SMGS, the Rules for the Use of Wagons (RWV). There is also a tariff agreement for the transportation of foreign economic goods paid in foreign currency between the railways of the CIS countries. Thus, a unified approach to the conclusion of an international agreement on rail transportation was created in compliance with the mutual rules and obligations of the parties, a unified procedure for considering claims and filing claims.

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

^ Soviet-Finnish agreement has been in use since December 1947. In 1972, a tariff for the transportation of goods, an office instruction and settlement rules were issued. Acceptance of goods for transportation is carried out mainly according to the rules of the country of departure. The terms for the delivery of goods at high and low speeds are determined, and the sender has the right to demand transportation in one country at low speed, and in another - at high speed.

Railways are released from liability if they prove that the loss occurred due to the fault of the person who has the right 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 the acceptance of goods is carried out according to the internal rules of the country of departure, and their issuance - according to the internal rules of the country of destination. However, when handing over the cargo for transportation, the sender is obliged to declare its value in the currency of the country of departure. The rules of carriage do not contain instructions on the liability of the railways in case of delay in delivery.

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

If the cargo is transported, the legislation of the country of departure is applied, subject to some special rules. The freight charge is calculated on transit railways according to CAT rules. The agreement provides for the delivery of goods. The railways are released from liability for the safety and timing of the delivery of the goods, if it is established that the breach of the contract was caused by circumstances that the carrier could not prevent. In case of delay in the delivery of cargo, 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 on 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 conditions of carriage, the Agreement makes reference to the domestic laws of the countries.

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

In order to rationalize and coordinate transport policy, the national railway administrations formed in 1992 Railroad Council. The agreements concluded, as well as the decisions taken by this body, are valid 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 transportation, established by earlier intergovernmental agreements between the USSR and other countries, as well as the operation of conventions and other agreements in the field of railway transport, to which the USSR was a party, has been preserved.

Development is currently being completed ^ Agreements on direct railway communication between Germany and Russia, which will allow for the transportation of goods under a single transportation 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 CIM (COTIF) participants, but the Czech Republic, Slovakia, Romania, Poland and Hungary are, when sending export goods to Western European countries, shippers from Russia and the CIS countries issue a consignment note CM GS and address it to the head of the border station of the above countries. At the border station, the cargo is resent to the address of the recipient and a new document is issued - the CIM waybill, according to which the cargo follows already to the final destination station. A similar way of issuing invoices