A. Kalpin

New rules of goods transportation by vehicles

2011. No. 4. P. 112–119 [issue contents]

The article represents a detailed characteristics of the recent changes in the legal regulation of relation arising due to the transportation of goods by vehicles in the RF. The sources of the analysis are the RF Civil Code, federal legislative acts, commentaries thereto, research works of Russian specialists in civil law. The central place in the article is taken by the analysis of the advantages and disadvantages of the Charter of motor transport and urban above-ground electric transport. The advantage is that the document provides for establishing legal relations between the transport and customers immediately after filing the submission or order to transport goods but not from the moment of transferring the cargo and accepting it by the customer as it used to be set in the past. Some norms of the previous legislation were abolished in particular those under which the burden of proof liedon the consignee or consignor. However, the author criticizes the discrepancies revealed by him in the norms of the new charter and the RF Civil code. He stresses that the charter applies incorrectly the principles of chartering contracts to transporting goods by car transport. The article argues that it was erroneous to combine the contract on presenting cargo with the charter contract though these are two separate agreements and one of them precedes the other. Besides, part of the norms of the Charter contradicts the norms of other transportation charters and codes. In particular, the guilt has been formulated so that any circumstances can justify its absence. The charter does not fix the balance between the damages brought to the client when transporting goods and the fine (damages) subject to charging from the carrier. The norms of the charter regulating the responsibility of the carrier for non-protecting cargo are wordy and duplicate several categories.

Citation: Kalpin A. G. (2011) Novye pravila perevozok gruzov avtomobil'nym transportom [New rules of goods transportation by vehicles] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 112-119 (in Russian)
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