___________________________ "___"________ ___ city (place of conclusion of the contract) ______________________________________________________________________, (name of the legal entity, full name of the individual entrepreneur) hereinafter referred to as the “Carrier”, represented by ______________________________, (position, full name) acting on the basis of _______________________________, on the one hand, and _________________________________________________________________________, (name of the legal entity, full name of the individual entrepreneur) hereinafter referred to as the “Sender”, represented by ___________________________________, (position, full name of the individual entrepreneur) acting on the basis ______________________________, on the other hand, guided by the provisions of Article 787 of the Civil Code of the Russian Federation, Chapter VIII of the Merchant Shipping Code of the Russian Federation, have concluded this agreement as follows:

1. The carrier undertakes to deliver the cargo that the Sender has transferred or will transfer to him, to the port of destination and hand it over to the person authorized to receive the cargo (hereinafter referred to as the Recipient), and the Sender ___________________ represented by __________________, acting on the basis of ____________________, undertakes to pay the established fee for the carriage of cargo (freight).

2. Conditions of cargo transportation:

Name of the vessel on which the transportation will be carried out: ________________________________.

Type and type of cargo: ______________________________________________.

Loading place: _______________________________________________.

Place of destination (or direction) of the vessel: _____________________.

Cargo transportation times:

The deadline for submitting the vessel for loading is ________________________________.

The deadline for the delivery of cargo at the port of arrival is ____________________________.

Cargo transportation route: _______________________________________.

Other conditions and reservations: _____________________________________________.

3. Freight and other payments:

The freight amount is _______ (___________) rubles.

Laytime (the period during which the Carrier provides a vessel for loading cargo and keeps it under loading cargo without additional payments to freight) _____ calendar days _____ hours ______ minutes.

Counterstay time (additional waiting time) _____ calendar days _____ hours ______ minutes.

The fee for counter-stay time is _______________________.

For delay of the vessel beyond the delay time, the Shipper is obliged to compensate the Carrier for damages in the amount of __________________, if the delay of the vessel occurred for reasons beyond the control of the Carrier.

4. Rights and obligations of the parties.

4.1. The carrier is obliged in advance, before the start of the voyage, to bring the vessel into a seaworthy condition: to ensure that the vessel is technically seaworthy, to properly equip the vessel, to staff it with a crew and to supply it with everything necessary, as well as to bring the holds and other premises of the vessel in which cargo is transported into condition ensuring proper reception, transportation and safety of cargo.

4.2. The Carrier is obliged to notify the Sender of the place of loading of the cargo if the loading of the cargo is carried out in a place of loading of cargo that is unusual for a given port.

4.3. From the moment the cargo is accepted for transportation until the moment it is released, the carrier must properly and diligently load, handle, stow, transport, store, care for, and unload the cargo.

4.4. If the cargo accepted for transportation, due to its properties, requires special handling and instructions about this are contained in the contract for the carriage of goods by sea and on the cargo packages, the Carrier must take care of the cargo in accordance with such instructions.

4.5. The carrier is obliged to deliver the cargo on time and on the route established by clause 2 of this agreement.

4.6. The sender is required to indicate a safe loading port. If the loading port is not specified by the charterer or is specified by him untimely, or a loading port is specified that is not safe, the Carrier has the right to refuse to fulfill the contract for the carriage of goods by sea and demand compensation for losses.

4.7. The shipper must indicate a safe and suitable place for loading the cargo, which the ship can reach without danger, in which it can remain afloat, and from which it can leave with the cargo. If the Shipper indicates a place unsuitable for loading the cargo, or several Shippers indicate different places for loading the cargo, the Carrier may move the ship to the cargo loading place usually used in this port. The shipper may request that the vessel be delivered to another cargo loading location at his expense.

5. Termination of obligations under the contract for the carriage of goods by sea.

5.1. Refusal of the Carrier to fulfill the contract for the carriage of goods by sea.

If the cost of the loaded cargo does not cover the freight and other expenses of the Carrier for the cargo and the Sender has not paid the full freight before the departure of the vessel and has not provided additional security, the Carrier has the right, before the vessel departs for the voyage, to refuse to fulfill the contract for the carriage of goods by sea and demand payment of one half full freight, in the presence of demurrage - demurrage fees and reimbursement of other expenses incurred by the Carrier at the expense of the cargo. Unloading of cargo is carried out at the expense of the Sender.

Additional security is provided in accordance with an additional agreement, which the parties undertake to conclude before _________________ and which will form an integral part of this agreement.

5.2. Refusal of the Sender to fulfill the contract for the carriage of goods by sea.

1. When providing the entire vessel for the transportation of goods, the Sender has the right to refuse to fulfill the contract for the carriage of goods by sea, subject to payment:

1). , depending on which of the indicated moments came first;

2) full freight, other amounts specified in subclause 1 of clause 5.2, if the Sender’s refusal occurred after one of the moments specified in subclause 1 of clause 5.2, and the contract for the carriage of goods by sea was concluded for one voyage;

3) full freight for the first voyage, other amounts specified in subclause 1 of clause 5.2, and one second freight for the remaining voyages, if the Sender’s refusal occurred after one of the moments specified in subclause 1 of clause 5.2, and the contract for the carriage of goods by sea was concluded for several flights.

If the Sender refuses to fulfill the contract for the carriage of goods by sea before the ship leaves for the voyage, the Carrier is obliged to release the cargo to the Sender, even if unloading the cargo may delay the ship for more than the established period.

If the Sender refuses to fulfill the contract for the carriage of goods by sea during the voyage, the Sender has the right to demand the release of the cargo only in the port where the ship must call in accordance with the contract for the carriage of goods by sea or entered due to necessity.

5.3. Refusal to fulfill the contract for the carriage of goods by sea by each of its parties.

1. Each party to a contract for the carriage of cargo by sea has the right to refuse to perform it without compensating the other party for losses if the following circumstances occur before the ship departs from the place where the cargo is loaded:

1) military or other actions that create a threat of seizure of a ship or cargo;

2) blockade of the place of departure or destination;

3) detention of a vessel by order of the relevant authorities for reasons beyond the control of the parties to the contract for the carriage of goods by sea;

4) attracting a vessel for state needs;

5) prohibition by the relevant authorities of the removal of goods intended for transportation from the place of departure or import of goods to the place of destination.

The circumstances provided for in paragraph. 4 and 6 of subclause 1 of clause 5.3 cannot serve as a basis for refusal to fulfill a contract for the carriage of goods by sea without compensating the other party for losses if the delay of the vessel is expected to be short-term.

If the circumstances provided for in subclause 1 of clause 5.3 occur, the Carrier does not bear the costs of unloading the cargo.

2. Each of the parties to the contract for the carriage of goods by sea has the right to refuse to perform it due to the occurrence of any of the circumstances provided for in subclause 1 of clause 5.3, also during the voyage. In this case, the Sender reimburses the Carrier for all costs of the cargo, including the costs of unloading it, as well as freight in an amount proportional to the distance actually traveled by the ship.

5.4. Termination of a contract for the carriage of goods by sea due to the impossibility of its execution.

1. A contract for the carriage of cargo by sea is terminated without the obligation of one party to the contract to compensate the other party to the contract for losses caused by termination of the contract, if after its conclusion and before the ship departs from the place where the cargo is loaded due to circumstances beyond the control of the parties:

the ship will perish or be forcibly captured;

the vessel will be declared unseaworthy;

the cargo, individually determined, will perish;

the cargo, defined by generic characteristics, will perish after it is handed over for loading and the sender will not have time to hand over another cargo for loading.

2. The contract for the carriage of goods by sea is terminated due to the circumstances specified in subclause 1 of clause 5.4 and during the voyage; in this case, the Carrier is due freight in an amount proportional to the distance actually traveled by the vessel, based on the amount of cargo salvaged and delivered.

6. Responsibility of the Carrier, shipper and charterer.

6.1. Carrier's responsibility:

1. The carrier is not liable for loss or damage to cargo accepted for transportation or for delay in its delivery if he proves that the loss, damage or delay occurred due to:

1) force majeure;

2) dangers or accidents at sea and in other navigable waters;

3) any measures to save people or reasonable measures to save property at sea;

4) a fire that was not caused by the Carrier;

5) actions or orders of the relevant authorities (detention, arrest, quarantine and others);

6) military actions and popular unrest;

7) actions or inactions of the Sender or recipient;

8) hidden defects of the cargo, its properties or natural loss;

9) defects in containers and packaging of cargo that are invisible in appearance;

10) insufficient or unclear marks;

11) strikes or other circumstances that caused suspension or restriction of work in whole or in part;

12) other circumstances that arose through no fault of the Carrier, its employees or agents.

2. The carrier is deemed to have delayed delivery of the cargo if the cargo is not delivered at the port of unloading provided for by the contract for the carriage of goods by sea within the period specified in paragraph 2 of this contract.

3. A person who has the right to make a claim against the Carrier in connection with the loss of cargo may consider the cargo lost if the cargo is not released at the port of unloading to the person authorized to receive the cargo within thirty calendar days after the expiration of the period for the release of cargo established in paragraph 2 of this agreement .

4. The carrier is responsible for loss or damage to cargo accepted for transportation or for delay in its delivery from the moment the cargo is accepted for transportation until the moment it is released.

6.2. Responsibility of the Sender:

The Sender is liable for losses caused to the Carrier unless he proves that the losses were caused not through his fault or through the fault of the persons for whose actions or inactions he is responsible.

7. Disputes regarding the execution of this agreement are resolved through negotiations, and if no agreement is reached, in court in accordance with the agreement on the arbitration clause, which is an integral part of this agreement.

8. This agreement comes into force from the moment of signing and is valid until ____________________________.

9. Legal addresses and signatures of the parties:

Carrier Sender Name: ______________________ Name: ______________________________ Address: _____________________________ Address: _____________________________ OGRN ________________________________ OGRN _______________________________ Taxpayer Identification Number ________________________________ Taxpayer Identification Number ________________________________ Checkpoint ________________________________ Checkpoint ________________________________ Account ________________________________ Account ________________________________ in __________________________________ in __________________________________ Account ________________________________ Account ________________________________ BIK ________________________________ BIK ________________________________ OKPO _______________________________ OKPO ________________________________ On behalf of the Carrier On behalf of the Sender ____________________ (__________) ____________________ (__________) M.P. M.P.

Sea cargo transportation is one of the most common types of transportation. The majority of maritime cargo is transported by sea. There are two types of cargo transportation by sea: 1)

international sea transport; 2)

cabotage - transportation of goods and passengers carried out within the same sea, in coastal waters, most often between ports of the same state.

Sea transportation of cargo is carried out on the basis of a sea carriage agreement.

the cargo carrier is obliged to release the cargo to the person authorized to receive the cargo; 3)

The sender of the goods is obliged to pay for this transportation. The parties to the sea carriage agreement are: 1)

carrier. This is the person who entered into an agreement for the carriage of goods by sea with the shipper or on whose behalf such an agreement was concluded; 2)

shipper. The person who entered into an agreement for the carriage of goods by sea, as well as any person who delivered the goods to the carrier on his own behalf; 3)

charterer. This is the person who entered into an agreement for the carriage of goods by sea.

A contract for the carriage of goods by sea is called a charter agreement. The fee that the sender is obliged to pay to the carrier of the goods is called “freight”. There are the following features of payment of freight for the carriage of goods by sea (Article 164 of the Code of Labor Code of the Russian Federation): 1)

the amount of freight is established by agreement of the parties; 2)

in the absence of an agreement between the parties, the amount of freight is calculated based on the rates applied at the place of loading of the cargo and during loading of the cargo; 3)

if the cargo is loaded onto the ship in greater quantities than provided for in the contract for the carriage of goods by sea, the amount of freight increases accordingly; 4)

if, instead of the cargo provided for by the sea carriage agreement, another cargo is loaded onto the ship, the amount of freight for the transportation of which is greater than that provided for by the sea carriage agreement, the freight is paid for the transportation of the actually loaded cargo; 5)

for cargo lost during its transportation, freight is not charged, and if it was paid in advance, it is returned; 6)

For cargo lost or damaged due to its natural properties or circumstances depending on the sender, freight is paid in full.

Charter is an agreement between the owner of a vehicle and the lessee (charterer) to rent a vehicle or part of it for a certain period or flight. The charter must meet the following requirements: 1)

it must be signed by the carrier and charterer or their representatives; 2)

by agreement of the parties, other conditions and clauses may be included in the charter.

There are basic conditions for supplying and loading a vessel: 1)

the vessel must be in seaworthy condition; 2)

it must be delivered strictly to the port specified in the freight or charter; 3)

the vessel must be delivered at the time strictly specified in the freight or charter; 4)

the cargo must be properly packaged and labeled and fully prepared for loading; 5)

the vessel must be brought to a pier that is equipped with everything necessary for loading and where there are no obstacles that would impede loading; 6)

if the entire vessel is chartered, then the shipper of the cargo has the right to demand the removal of foreign cargo located on the vessel; 7)

Cargo can be carried on deck only with the permission of the shipper.

From the moment the cargo is accepted for transportation until the moment it is released, the carrier is assigned the following responsibilities: 1)

ensure the safety of cargo along the route; 2)

ensure unloading of cargo; 3)

ensure transportation of cargo in accordance with its characteristics.

The time and route for transportation of cargo are established by agreement of the parties, and in the absence of such an agreement, the cargo must be delivered within the time period that is reasonable to require from the carrier, taking into account the specific circumstances and the usual route.

Dangerous cargo is a cargo that: 1)

highly flammable; 2)

is an explosive; 3)

was delivered under the wrong name, and when accepting the cargo, the carrier could not verify its properties through external inspection.

If the ship is unable to enter the port of destination and unload the cargo as a result of force majeure (war, natural disasters, strikes, etc.), the carrier is obliged: 1)

send an urgent message to the sender about the existence of these circumstances and request permission from the sender to unload at another port; 2)

upon receipt of appropriate instructions, unload at the port and in the order specified by the sender.

In the absence of such an order, within 3 days from the date of sending the notification by the carrier, the captain of the ship has the right to ship the cargo at the nearest port and inform the shipper (or charterer) or the person authorized to dispose of the cargo about this; The captain of the ship has the right to do so if the order he receives cannot be carried out without causing damage to the owners of other cargo on the ship.

The carrier is liable for loss or damage to cargo accepted for transportation in the following amounts (Art.

117 KVVT RF: 1)

for loss of cargo - in the amount of the cost of the lost cargo; 2)

for damage to cargo - in the amount by which its value has decreased; 3)

in case of loss of cargo accepted for transportation with its value declared - in the amount of the declared value of the cargo; 4)

for the transportation of cargo with a declared value, the sender or recipient is charged an additional fee, the amount of which is determined by the contract for the carriage of goods by sea; 5)

the carrier returns the freight received by him if it is not included in the cost of the lost or damaged cargo. The carrier is not responsible for loss or damage

accepted for transportation of cargo or for delay in its delivery, if it proves that the loss, damage or delay occurred as a result of (Article 166 of the Code of Labor Code of the Russian Federation): 1)

force majeure; 2)

dangers or accidents at sea and other navigable waters; 3)

any measures to save life or reasonable measures to save property at sea; 4)

a fire that did not occur through the fault of the carrier; 5)

actions and orders of the relevant authorities; 6)

military actions and popular unrest; 7)

actions or inactions of the sender or recipient; 8)

hidden defects of the cargo, its properties or natural loss; 9)

defects in containers and cargo packaging that are invisible in appearance; 10)

insufficient or unclear brands; eleven)

strikes or other circumstances that caused suspension or restriction of work in whole or in part; 12)

other circumstances arising through no fault of the carrier, its employees or agents.

A contract for the carriage of goods by sea is terminated without the obligation of one party to the contract to compensate the other party to the contract for losses caused by the termination of the contract if, after its conclusion and before the ship departs from the place where the cargo is loaded, due to circumstances beyond the control of the parties: 1)

the ship will perish or be forcibly captured; 2)

the vessel will be declared unseaworthy; 3)

the cargo, individually defined, will perish; 4)

the cargo, defined by generic characteristics, will perish after it is handed over for loading and the sender will not have time to hand over another cargo for loading.

Today, transportation by sea is an extremely popular service. It is important to remember that it is necessary to conclude an agreement between the customer and the supplier. This agreement has a large number of different features - if possible, it is worth studying the sample and all the legal nuances.

Between whom is it concluded?

The type of contract under consideration (for the delivery of goods by sea) must be concluded without fail. Otherwise, various difficulties may arise. First of all, this concerns problems with regulatory government bodies.

Failure to properly draft a contract may result in the imposition of various fines. Often, corruption schemes are implemented in this way.

The parties to the agreement, whose rights and obligations are prescribed in this document, are:

• transport company – which is directly involved in the delivery of goods;
• customer - the owner of the cargo or the intermediary responsible for its transportation.

A transport company is always a legal entity. Moreover, she may or may not be a resident of the Russian Federation.

The customer may be:

• individual entrepreneur;
• organization (legal entity);
• individual.

In almost all cases, a standard form of agreement is used. Confirmation of agreement with all the conditions displayed in them is the presence of a signature with a transcript of the responsible person. In some cases, the organization's seal must be affixed.

Conditions

The most important section in this type of agreement is the delivery terms. You need to familiarize yourself with it first.

This section usually displays the following data:

• full name of the vessel that will be used to transport the specific cargo;
• od and type of cargo itself;
• place of its loading;
• destination – where delivery will be made;
• terms of transportation;
• terms of delivery of the vessel for loading;
• date of delivery of the cargo at the port of destination;
• the route along which transportation will be carried out;
• various additional conditions, reservations.

By signing the agreement, the parties agree to the conditions stated above. At the same time, it is not allowed to make any unilateral changes to this agreement after it has been signed.

It will be necessary to implement such a procedure only if there is consent of both parties.

Rights and obligations of the parties

An equally important section of the document is “the rights and obligations of the parties.” It reflects all the responsibilities that the customer and the supplier themselves must fulfill.

It is important to remember that for truly serious violations, various sanctions may be imposed. Up to and including unilateral termination of the contract.

The most commonly considered type of section includes the following:

• the carrier is obliged:
  • check the condition of the vessel in advance to ensure delivery of cargo on time, equip it properly and complete it;
  • notify the recipient in an accessible way about the place of loading of the cargo - if it will not be carried out at the usual port, but in another place;
  • storage, processing and maintenance in proper condition must be carried out in accordance with the terms established by the contracts;
  • if there is a need for special treatment for the type of cargo in question, it will be necessary to comply with them;
  • transportation must be carried out along the route specified in the agreement.
• The sender, in turn, is obliged to:
  • designate a safe port for loading transported cargo;
  • a port must be chosen where the ship can approach without any significant difficulties.

Responsibility

A special section of the type of contract under consideration is the “Responsibility” clause. In accordance with it, both the customer and the supplier are obliged to make every effort to fulfill all the terms of the contract.

Most often, the following items of carrier liability are included:

• The carrier will not be liable for damage to cargo that occurs due to the following factors:
  • force majeure;
  • accidents/hazards that occur at sea;
  • there was a need to save people;
  • fire - if it did not occur through the fault of the carrier;
  • if there were any orders from the authorities, the coast guard;
  • military operations, natural disasters and civil unrest, rallies;
  • action/inaction of the sender/recipient;
  • hidden defects or defective cargo;
  • various other factors that arose through no fault of the carrier.
• Sender's responsibility:
  • liability will be obliged to compensate the carrier for all losses - unless he can prove that they arose not through his fault.

The responsibility of the carrier itself is associated with a large number of different nuances.

The most significant ones include the following:

• Delay is a situation where the deadline established in the contract for some reason was overdue;
• the cargo may be considered lost if the person who is authorized to pick it up at the port of shipment does not appear for it for more than 30 days;
• The carrier is responsible for the safety of the cargo, its delivery from the moment it arrives on board until the very moment of unloading at the port to the responsible person.

The carrier’s responsibilities may also include various other issues. For example, storage and servicing of cargo from the moment of shipment until the very moment the cargo is accepted by the responsible person.

It is important to remember that the “responsibility” section may include a fairly extensive list of various items. It is best to familiarize yourself with all of them in advance.

Sample contract for the carriage of goods by sea

The type of document in question has its own drafting features. It is important to remember that all its sections must not violate the laws of the Russian Federation, as well as the countries to which delivery is carried out.

If a violation occurs, the contract may be recognized as partially invalid or completely void.

If possible, you should familiarize yourself with a sample contract for the carriage of goods by sea. This will allow the customer, reviewing the relevant agreement, to pay attention to the most important factors.

It is only necessary to use the most reliable resources that have proven themselves as a source.

For example, many transport companies post all transport documentation on their official websites. Including samples of transportation contracts.

The contract of this type must necessarily include the following sections:

• full name of the company;
• contract number;
• place of conclusion of the agreement;
• date of drawing up the contract;
• FULL NAME. responsible persons (customer, transport company);
• reference to legislative norms – , ;
• the purpose of concluding the contract is formulated;
• the conditions of transportation are indicated;
• payment of freight, as well as other payments;
• a list of rights and obligations of various parties;
• termination of obligations - under a contract for the carriage of goods by sea;
• liability of the carrier, charterer and shipper;
• procedure for resolving various disputes arising on the basis of fulfillment/non-fulfillment of the terms of the contract;
• the date of entry into force of the agreement is indicated;
• legal entities, signatures of the parties.

Special attention must be paid to the details of the parties. Their list includes the following:

• Address;
• OGRN;
• Checking account;
• OKPO.

It is important to remember that the document in question simply does not have a standard form established by law.

This is precisely the main difficulty in compiling it. Since it is necessary to comply with all the points specified in legislative acts.

Is it possible to change the terms of the sea transportation contract after its conclusion?
Often, in the process of carrying out transportation of the type in question, it becomes necessary to make amendments to the contract. This procedure is completely legal and possible.

But at the same time, two important conditions must be met:

• the presence of consent of both parties at once - it is not allowed to introduce any rights in the absence of consent;
• all edits and changes must comply with current legislation.

If both of the above conditions are met, it will be necessary to draw up a special additional agreement.

This is necessary in case of various kinds of disagreements. The additional agreement should cover in as much detail as possible all changes made to the agreement.

Features of the conclusion of an international document

Often there is a need to transport cargo by sea between countries. In this case, an agreement must also be concluded.

There are the following nuances of the procedure:

• it is important to include a list of additional documents in the agreement;
• a certified copy of the contract is required in the language of the country through whose territory the transportation will be carried out;
• the agreement must comply with international legal standards.

Drawing up a contract for the carriage of goods by sea is a responsible action. It is important to avoid any misunderstandings.

Video: What is specified in the contract for the carriage of goods

Introduction. 3

1. Contract of carriage. 5

1.1. The concept of a contract of carriage. 5

1.2. System of transportation contracts. 6

1.3. Types of transportation contracts. 7

1.4. Parties to the contract of carriage. 12

2. Specifics of sea transportation contracts. 15

2.1. Contract for the carriage of goods by sea. 15

General provisions. 15

Delivery of the vessel and loading of cargo. 18

Bill of lading. 21

Execution of a sea carriage contract. 27

Termination of obligations under a contract for the carriage of goods by sea. 29

Unloading and delivery of cargo. 33

Responsibility of the carrier, shipper and charterer. 35

Trump cargo transportation. 43

Execution of a contract for the carriage of goods by sea. 46

2.2. Contract for the carriage of passengers by sea. 47

2.3. Contract for chartering a vessel for a time (time charter) 63

2.4. Contract for chartering a vessel without a crew (bareboat charter) 67

2.5. Vessel arrest. 72

2.6. Claims and lawsuits. Limitation of actions. 81

Claims and lawsuits. 81

Procedure for filing a claim. 87

3. Ship agency. 92

Conclusion. 102

List of sources used. 105

Introduction

Transport obligations are determined by the nature of the relationships arising in the process of transporting goods, passengers and luggage. The specificity of such relationships is that they mediate the sphere of services of an intangible (non-material) nature provided by the debtor to the creditor.

Transport obligations are an important component of the system of obligations for the provision of civil legal services. Obligations to provide services that directly affect the implementation of the transport process at its various stages are obligations in the field of transport activities for the movement of material assets, passengers, their luggage, forwarding services, towing ships and rafts, united by the general scope of economic activity and its features organizations.

A transport obligation can be defined as an obligation by virtue of which one person - the carrier (operator) undertakes to perform in favor of another person - the consignor, consignee, passenger, owner of luggage or cargo luggage - certain legal or actual actions for the provision of transport services related to transportation, and the other person - to pay for the services provided in the amount established by law or by agreement of the parties.

My thesis will focus on the contract of carriage by sea.

In particular, we will consider a contract for the carriage of goods by sea, a contract for the carriage of passengers by sea, and some types of chartering of ships, which are also quite specific types of contracts. We will also consider the arrest of the vessel, claims and actions brought under the contract of carriage by sea and agency of ships.

The object of the study is the laws relating to the contract of carriage by sea, mainly the Merchant Shipping Code of the Russian Federation, the Civil Code of the Russian Federation and other civil laws related to the transportation of passengers and cargo.

The relevance of my work lies in the fact that the contract for the carriage of goods by sea and the contract for the carriage of passengers by sea are one of the unique types of transport contracts that are complex and of interest to lawyers, reflecting the specifics and customs of relations associated with maritime merchant shipping.

The international nature of merchant shipping has always been the main criterion in the creation of these maritime laws. The country's navy never left and could not leave market relations, regardless of the internal policy of development of industry and transport and state ownership of means of transport, which was prevalent. The maritime fleet, which occupied one of the leading positions in the world in terms of tonnage, participated in international transportation and was a worthy and reliable partner. The high quality of transport services depended not only on the good technical condition of the fleet and excellent training of the crews, but also on the legal regulation of all maritime activities.

Of course, the legislation in force in the USSR could not but affect some institutions of maritime law. State ownership of sea vessels led to significant restrictions. For example, citizens could own ships with a capacity of no more than 10 registered tons, and ships carrying out sea transportation of goods and passengers were, as a rule, under the operational management of state shipping enterprises. The doctrine of immunity of state courts reigned supreme in the country, regardless of whether they carried out state, public functions or were used for commercial purposes, which, in turn, made it impossible for the country to participate in international treaties in which such immunity was not recognized. For decades, a dual approach was used: the immunity of state courts was officially declared and the possibility of their arrest for claims of a property nature without the consent of the government was denied, but in practice this doctrine was ignored not only by the partners of the shipping companies, but also by the shipping companies themselves.

The planned nature of cargo transportation entailed the creation of two types of norms in the Merchant Shipping Code: some applied to relations between Soviet state, cooperative and public organizations, others to relations with foreign partners. The scope of transparency standards for the transportation of goods in relations between domestic organizations was unjustifiably narrowed.

1. Contract of carriage

1.1. The concept of a contract of carriage

1. Transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage.

2. General conditions of transportation are determined by transport charters and codes, other laws and rules issued in accordance with them.

The conditions for the transportation of goods, passengers and luggage by certain types of transport, as well as the responsibility of the parties for these transportations are determined by agreement of the parties, unless otherwise established by this Code, transport charters and codes, other laws and rules issued in accordance with them. (Article 784 of the Civil Code of the Russian Federation)

1. According to clause 1, the only legal basis for the carriage of goods, passengers and luggage is the contract of carriage, which must be certified by the appropriate written document (see clause 2 of Article 785 of the Civil Code and clause 2 of Article 786 of the Civil Code).

While there are a number of common features, the contract for the carriage of goods and the contract for the carriage of passengers and luggage have significant legal features, and the Civil Code establishes for them, along with general rules, also a number of special rules: on cargo - Art. 785, 791, 794, 797 Civil Code, passenger transportation - art. 786, 795, 800 GK. The contract for the carriage of goods, in turn, also has a number of varieties in railway and water transport.

2. By virtue of clause 2, the previously established system of legislative regulation in transport is preserved: transport charters and codes for certain types of transport, other laws and transportation rules issued in accordance with them. Currently in force in the Russian Federation: UZD 1964, UVVT 1955, VK 1983, KTM 1968 and UAT 1969. In the future, in accordance with clause 2 of Art. 784 of the Civil Code, all transport charters and codes must receive the status of federal laws.

The application of these acts is provided for in clause 8 of the Resolution of the Supreme Council of the Russian Federation on certain issues of application of USSR legislation on the territory of the Russian Federation dated March 3, 1993 (Vedomosti RSFSR, 1993, No. 11, Art. 393). All named transport charters and codes must now be applied taking into account the norms of Chapter. 40 GK.

3. Other basic laws containing rules on transportation are the Law of the Russian Federation on Federal Railway Transport of 1995, the Law on the Protection of Consumer Rights (in relation to transportation performed for citizens). Transportation regulations are also contained in a number of other laws of the Russian Federation.

Until the adoption of new laws of the Russian Federation, the Decrees of the Government of the USSR and the Russian Federation on transport issues continue to be applied, including: Regulations on the mutual responsibility of maritime transport and shippers during the transportation of export and import cargo, approved. Resolution of the Council of Ministers of the USSR of June 1, 1965 N 429 (SP USSR, 1965, N 14, Art. 105); Resolution of the Council of Ministers of the USSR of December 13, 1990 N 1274 “On measures to ensure the safety of imported cargo” (SP USSR, Dept. I, 1991, N 1, Art. 5).

4. Rules for transportation on certain types of transport in accordance with transport charters and codes are approved by the relevant transport ministries and published in periodic collections of transportation rules and tariffs (published for railway and sea transport), as well as in the form of collections of such rules, which are sometimes called tariffs or tariff guidelines.

Transportation rules are an important source of transport law. In the development and addition of transport charters and codes, they contain both general provisions (the procedure for presenting goods for transportation and their delivery, execution of transport documentation) and special rules for the transportation of certain types of goods (perishable, dangerous, in containers, etc.). The rules for the transportation of passengers and baggage are separately approved.

5. Paragraph 2 p. 2 art. 784 of the Civil Code begins with an indication that the conditions of transportation are determined by agreement of the parties. This formulation, reflecting the freedom of the contract in market conditions with the right of the parties to freely determine its terms (Article 421 of the Civil Code), in the field of transport activities has its own framework due to the characteristics of transport (mass of operations, unity of transport and technological processes, security interests).

An agreement between the parties on the conditions of transportation is possible if the norms of transport law give clients the right to choose between certain conditions of transportation (for example, choosing the type of shipment, the speed of the cargo delivered, etc.) or are of a dispositive nature. Most of the norms of transport law, especially in railway and air transport, are imperative in nature, which is due to the transport and technological features of transport and the interests of transportation safety.

Today, aspects of international maritime law in the Russian Federation are acquiring considerable importance. International maritime law is a young branch of international law, which is a set of generally recognized and special (sectoral) principles and norms regulating the international legal regime of the maritime spaces of the World Ocean and the various activities of subjects of international law in them.

The importance of international maritime law is determined by the role of the World Ocean, which occupies 71% of the Earth's surface. Every year, humanity’s ability to use the World Ocean as a major transport artery and a source of living and mineral resources is expanding.

Maritime shipping currently plays a major role in the development of the world economy, occupying a major position in the emerging unified transport system. Maritime transport is diverse and has its own specifics. By the nature of its activities, it is an “international” industry: it is known that the main function of maritime transport is to ensure foreign trade relations between states.

For a long time, the legal basis for the activities of states in maritime spaces was the law of force and international customs, then the Rhodes Code, the Byzantine Basilica, the Hansa Code appeared, and there were also claims of feudal rulers to unlimited sovereignty over the sea as their own territory.

A great contribution to the codification of international maritime law was made byI, II, III UN conferences on the law of the sea, international intergovernmental organizations IMO, UNESCO, UNEP.

The following conventions were adopted: “On the Territorial Sea and the Contiguous Zone”, “On the High Seas”, “On the Continental Shelf”, “On Fisheries and the Protection of Living Resources of the High Seas”.

Today, we can distinguish three legal regimes that regulate transportation, enshrined in various international treaties:

1. International Convention for the Unification of Certain Rules Concerning Bills of Lading, signed on August 25, 1924 in Brussels, known as the Hague Rules.

2. Protocol amending the International Convention for the Unification of Certain Rules on Bills of Lading, signed in Brussels on August 25, 1924, known in the world as the Visby Rules.

3. The United Nations Convention on the Carriage of Goods by Sea, adopted in Hamburg in 1978, with entry into force on 1 January 1992, formalized the third legal regime in the field of carriage of goods by sea.

If we examine these acts in detail, we can conclude that in each of them, to one degree or another, the main issues of contract law are not fully resolved - in particular, the issues of liability of the parties under the contract for the carriage of goods. It is worth noting that this directly concerns the responsibility of the carrier.

Transportation of goods by sea is carried out on the basis of a contract for the carriage of goods by sea.

What is an international maritime transport agreement? The term “treaty” itself means an international agreement concluded between states in writing and governed by international law, regardless of whether such an agreement is contained in one document, in two or more related documents, and regardless of its specific name.

The contract for the carriage of goods by sea must be concluded in writing.

Agreements for the carriage of goods by sea are divided into international agreements, agreements used in tramp shipping and agreements used in liner shipping.

Trump shipping is a type of transport service for sea transportation of goods and mass cargo flows.

Linear shipping is a form of organizing the work of the fleet, which ensures the movement of ships according to an announced schedule between predetermined ports.

International treaties governing relations in merchant shipping include: Brussels Convention on Bills of Lading - Convention on the Unification of Rules on Bills of Lading, adopted in Brussels on August 25, 1925; Visby Rules - Protocol amending the International Convention for the Unification of Certain Rules on Bills of Lading, signed in Brussels on August 25, 1924; Hamburg Rules - UN Convention on the Carriage of Goods by Sea, 1978, adopted on March 30, 1978; Convention on Multimodal Transport of Goods - UN Convention on International Multimodal Transport of Goods, adopted in Geneva on May 24, 1980; COLREGS - 72 - International Regulations for Preventing Collisions at Sea, 1972; SOLAS - 74 - International Convention for the Safety of Life at Sea 1974.

Currently, the main source of legal regulation of international transport of goods, passengers and their luggage are international agreements.

In addition to international agreements, in the process of regulating international transport, a large role is played by internal acts. In the Russian Federation, these are the Civil Code, the Air Code, the Merchant Shipping Code, the Charter of Railway Transport of the Russian Federation, the Code of Inland Water Transport of the Russian Federation.

There are several types of transportation: transportation of goods, passengers and luggage, which is carried out between two states in accordance with the conditions stipulated by interstate agreements.

Transportation of goods by sea is carried out on the basis of a sea carriage agreement, which is concluded in writing. There are the following types of maritime transportation contracts: voyage charter, bill of lading, booking note, bers note, fixed note, general contract.

Voyage charter is used in regular and tramp shipping when transporting bulk cargo in ship lots.

A bill of lading takes place when delivering general cargo in liner shipping. Unlike a charter, this type of agreement does not provide for the carrier’s obligation to provide the cargo owner with a certain cargo space.

A booking note is a preliminary application by the cargo owner to reserve space on a ship for a certain consignment of cargo.

Bers-note is a contract for the transportation of associated bulk cargo.

The general contract is a long-term agreement for the transportation on regular flights of a certain amount of cargo of a given charterer.

In almost all types of transportation (with the exception of transportation of passengers and baggage by road and river transport), the establishment of strict liability of the carrier through mandatory rules is carried out by referring to a convention - by concluding international agreements. The mandatory nature of such norms means that the parties to a civil contract do not have the right to agree on conditions that are incompatible with the liability regime established in the international convention.

This fact is a deviation from the principles of “freedom of contract”, “autonomy of the will of the parties”. The system of liability under various types of transportation contracts imposes a burden on the carrier. The latter, in turn, bears the responsibility for safe, timely transportation. He can claim exemption from liability if he proves that the failure to perform was caused by one of the circumstances of force majeure provided for by law (force majeure). The burden of proving such facts lies solely with the carrier.

We will pay special attention to the carrier's liability for cargo, for violation of cargo delivery deadlines, for violation of delivery deadlines and legal loss of cargo.

The amount of the carrier's liability for damage, spoilage, complete or partial loss of cargo is calculated based on the rules of Article 796 of the Civil Code of the Russian Federation. It is worth paying attention to the fact that the amount of this liability is limited only by the value of the lost or damaged cargo: profits not received in connection with the loss of cargo are not compensated, and losses incurred in connection with this are not compensated. This rule is further reflected in Article 169 of the Merchant Shipping Code of the Russian Federation (hereinafter - KTM). For example, if the cargo is completely lost, its full cost must be reimbursed. If the cargo is damaged or partially lost, the amounts by which its value has decreased are reimbursed. In addition, the carrier must return the freight received as compensation related to the transportation of the lost cargo or part thereof.

These provisions fully coincide with the rules of the Hague-Visby Rules, with the exception of the rule on the return of freight (there is no mention of the return of freight in relation to lost (damaged) cargo or part thereof in either the Hague or the Hague-Visby Rules). Moreover, the provisions contained in paragraph 2 of Article 169 of the Code of Labor Code of the Russian Federation on the procedure for calculating the cost of cargo to be reimbursed completely repeat the corresponding provisions of the Hague-Visby Rules (subparagraph (b) of paragraph 5 of Article 4). Only the market value of the goods on the date and place of unloading of the goods in accordance with the contract of carriage is subject to compensation.

The rules for determining the value of lost cargo, given in Article 169 of the Code of Labor and Trade of the Russian Federation, do not coincide with the corresponding rules recorded in Article 796 of the Civil Code of the Russian Federation. In accordance with the Civil Code of the Russian Federation, the cost of cargo or luggage is determined based on its price indicated in the seller’s invoice or provided for in the contract, and in the absence of an invoice or price indicated in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods, and in the Hague-Visby Rules and in the Code of Labor Code of the Russian Federation - the market value of the goods. The special rules of the applicable law prevail, i.e. KTM RF.

It should be noted that the Hague Rules and the Hamburg Rules do not indicate in any way the procedure for determining the amount of compensation for damage, spoilage, total or partial loss of cargo. If a contract for the international carriage of goods by sea is concluded on the basis of one of these international agreements, then the amount of compensation for the cargo will be determined according to the rules of applicable law.

The delivery time can be determined by agreement between the parties. In their absence, the cargo must be delivered to the port of destination within a reasonable time, which is required from the carrier, taking into account the specific circumstances.

The Hague and Hague-Visby Rules do not contain such provisions. If a contract for the international carriage of goods by sea is concluded in accordance with one of these conventions, and the applicable law is Russian, then the carrier’s liability for violation of the delivery time will be calculated according to the rules of paragraph 1 of Article 169 of the Code of Labor Code of the Russian Federation. The carrier responds in amounts not exceeding the amount of remuneration (freight) in accordance with the contract for the carriage of goods by sea.

The Hamburg Rules contain the concept of “delay in delivery of cargo,” which in this case determines the category of cargo delivery time. The carrier's liability for such delay is determined according to the rules of subparagraph (b) of paragraph 1 of Article 6 of the Rules. It is limited to 2.5 times the amount of freight for the delayed cargo, but not higher than the entire amount of freight payable under the contract of carriage.

Thus, to summarize all of the above, it is worth paying attention to the fact that the modern development of the maritime sectors of the world economy, in particular maritime transport, has led to the implementation by many states of an active and targeted maritime policy, as part of their general foreign and foreign economic policy.

Activities carried out in the World Ocean are related to production processes and have the goal of making a profit. When carrying out this type of activity, relations of a property nature arise between its participants, as well as between them and other persons, regulated to a greater extent by civil law norms. These property relations often involve citizens and organizations of different states. In such cases, regulating the relations that arise between them by the legal norms of one particular state turns out to be difficult and sometimes impossible, especially if these relations are based on facts or events that took place on the high seas. When trying to apply the legislation of individual states, conflicts of laws often arise. Based on this, within the framework of international maritime law, the regulation of property relations is carried out using unified civil law rules or using conflict of laws rules that refer to the applicable national legislation.