The norms of international transport law regulate the social relations that are the subject of this complex industry. It is due to the fulfillment of the regulatory function by the norms that such relations acquire a legal form and become international transport legal relations. The specified legal relationship is a special legal connection of the participants social processes in the field of international transport activities for the implementation of transportations, which arises and exists on the basis of the norms of international transport law. In fact, legal relationship is a form in which an abstract norm of a given complex industry is given concrete expression.

Like any legal relationship, international transport legal relationship consists of the following elements: object, content and subject composition of the legal relationship.

Object of legal relationship - this is something about which the activity of its subjects, their behavior arises and is carried out; this is what their subjective rights and obligations are aimed at. Consequently, the object of international transport legal relationship is international transport activities related to transportation.

Subject composition of international transport legal relationship - a set of participants in this legal relationship. They can be individuals ( individuals), legal entities, states. The minimum composition of the subjects of legal relations includes the entitled entity and the obligated entity (consignor - carrier; consignor - freight forwarder; carrier - consignee; carrier - representative of the customs authority, etc.).

The subjects of the legal relationship have legal personality, i.e. a social and legal opportunity to be participants in international transport legal relations. The elements of legal personality are legal capacity, legal capacity and delinquency of the subjects of legal relations.

The subjective rights of subjects of international transport legal relations are a measure of the permissible behavior of subjects of international transport legal relations. Subjective duties are a measure of the proper behavior of the subjects of international transport legal relations.

Since international transport law is a complex branch, three types of legal relations are inherent in it: legal relations of international public, international private and international administrative nature. Let's consider each of them.

As a result of the regulation of certain public relations by the norms of international public law, they acquire a legal form and become international public legal relations. These relations in the field of transport activities are international public transport legal relations. An essential feature of public international law is that it "regulates exclusively inter-government relations between states." This means that, firstly, in such relations, states deliberately voluntarily limit their sovereignty, taking on certain responsibilities.

Secondly, states are the subjects of international public relations. If, within the framework of national legal systems, legal relations develop between the power structures of the state, between these structures and individuals, legal entities, and, finally, between the individuals and legal entities themselves, then the parallel international public law system is characterized by legal relations only between states. In our case, between states in connection with transport activities.

Further. International public legal relations are regulated by the norms of international public law. They are, in fact, rules-agreements between independent subjects of intergovernmental international relations. In other words, states establish legal norms for themselves. While in national legal systems, the state establishes legal norms mainly for such subjects of legal relations as individuals and legal entities.

Since parity is the main principle of recognizing the validity of the norms of international public law, the duties and rights of subjects of international public relations (i.e. the content of relations) are mutual and equal. This fundamental point can be clearly confirmed by the provision formulated in the preamble to the Chicago Convention and concerning one of the goals of its adoption. It is that international air services can be established on the basis of equality of opportunity. The Convention also states that the rights to carry out regular and non-scheduled flights to the territory or transit non-stop flights through the territory of a sovereign state are the same for contracting states and exclude any privileges (Articles 5, 6).

The central place among the legal relations of international transport law is occupied by private law relations. When considering them, it must be borne in mind that along with property relations with the participation of foreign individuals and legal entities, foreign trade relations, inheritance relations regarding property located abroad, and some other international transport private law relations constitute the subject of private international law. It follows from this that the qualities inherent in international private law relations apply to international transport private law relations.

When analyzing the latter, it is necessary to consider, first of all, such constituent concepts as "international" and "private law".

As rightly emphasized in the textbook on private international law by the authors of the Moscow State Law Academy, in the context of private international law, the term "international" differs in content from the same term used in international (public) law, for which it is, in fact, synonymous the concept of "interstate".

Within the framework of private international law, the concept of "international relations" means relations that go beyond the boundaries of one state and are associated with the legal systems of different states. With regard to international transport law, this is associated with crossing the state border and fulfilling the terms of the contract of carriage on the territory of a foreign state. The fact that a significant part of the public relations of international transport law is of a private nature is essential.

Private law relations are relations on the ownership and use of property on the basis of the legal equality of their participants, the autonomy of their will and property independence. It is these legal categories that are inherent in private law relations of international transport law. Thus, the concepts of "international" and "private law", applied to the relations of international transport law, have their specific content and are inextricably linked. The basis for their unification is the so-called "foreign element". It is inherent in international transactions and means that the subjects of legal relations are individuals and legal entities of different states, that the object of legal relations is property located abroad, and that the legal facts, as a result of which legal relations arise, take place on the territory of a foreign state.

Relatively international transport this is manifested in the fact that the participants in the transport contractual relations - the consignor, carrier, consignee - can represent different states, and the contract of carriage can be concluded abroad.

Contractual relations governed by international transport law refer to the legal relationship. As such, they mediate the dynamics of property relations of a private law nature, expressed, for example, when transporting goods in the transfer of property in the form of cargo to the carrier for its movement in space across the state border with subsequent delivery to the recipient. These relations are established at the will of the persons participating in them. The basis for the emergence of property relations is an international carriage agreement. For these privately legal relationship characterized by the equality of the parties, their independence from each other. The legal independence of the parties means that none of them can dictate their terms to the other party, give it binding instructions.

If the party entitled in these legal relations has the right to demand a certain behavior of the obligated party, then only by virtue of the existing contract of international carriage between them or the direct indication of the normative source. So, the consignor of the cargo has the right to demand that the carrier check the weight of the cargo or its quantity, the contents of the package (clause 3 of article 8 of the CMR), give instructions regarding the disposal of the cargo (clause 3 of article 12 of the Montreal Convention of 1999).

Direct instructions from regulatory sources regarding the obligatory instructions of one side of international transport legal relations for the other relate to the issues of correct loading of vehicles, ensuring the safety of transportation and some others. In particular, in accordance with Art. 3 Agreements between the Danube Shipping Companies of Bulgaria, Hungary, Romania, the USSR and Czechoslovakia on general conditions transportation of goods in 1956 in the case when the ship is loaded by the consignor, he is obliged to comply with all the requirements of the captain (skipper) of the ship regarding the loading and stowage of goods in cargo spaces and on deck.

The specificity of international transport private law relations can be traced not only when they are considered as a whole, but also when studying their individual constituent elements, which include objects, subjects and content.

Object international transport private law relations is that material benefit, about which a legal relationship arises, the activities of its participants are carried out, it is a service for international transportation. In the theory of civil law, such services are called "actions". The essence of such actions - services for international transportation of goods consists in the acceptance by the carrier of the goods together with necessary documents from the consignor, transporting it along the established route, solving all formalities at the border, timely delivery of the cargo in safety to the destination and handing it over to the consignee.

Subjects international transport private law relations - individuals and legal entities. The term "natural persons" should be understood as citizens of the respective state, as well as foreign citizens, as well as stateless persons. Legal entities may include foreign legal entities.

The subjects of international transport private law relations are mainly the parties to agreements on the organization and implementation of transportation with the crossing of the state border.

Content international transport private law relations are subjective rights and subjective obligations of its participants. Both elements are inextricably linked to each other. So, in order for the consignor to exercise his right to deliver the goods across the state border to the destination, the carrier must fulfill the obligation to carry out the international carriage of the goods and hand them over to the recipient. Consequently, subjective right and subjective duty arise simultaneously. The essence of subjective law as an element of international transport private law relations is to provide its participant (subject) with the opportunity to demand appropriate behavior from the obligated subject of the legal relationship, supported by a system of guarantees up to the use of measures of state coercion. In accordance with transport conventions and agreements, the consignor has the right to demand from the carrier the performance of transportation services, while he, as a participant in an international transport private law relationship, can claim compensation for harm caused to him directly to the inflictor (carrier) using the established claim procedure. In case of non-compensation for harm on a voluntary basis, compulsory compensation is possible with the help of the judicial authorities.

Subjective duty is a measure of proper behavior of a participant (subject) of international transport relations, is the opposite of subjective law. What the shipper has the right to demand must be fulfilled by the carrier.

As in any legal relationship, the subjects of international transport private law relations have morals and responsibilities. So, the consignor has the right to demand the delivery of the goods to the destination, but at the same time he is obliged to pay for the service provided. On the other hand, the carrier is obliged to transport the cargo and hand it over to the recipient, but he has the right to demand payment for the transportation service.

The next type of international transport legal relations is international administrative legal relations associated with transport activities for transportation, which have their own characteristics. One of them is that it is a relationship of power and subordination. The second party to the legal relationship must unconditionally obey the requirements of the competent authority in the transport sector vested with power (the mandatory requirements of the customs authorities - Article 33 of the TIR Convention; the person authorized to regulate road traffic - paragraph 2 of Article 6 of the Convention on road traffic 1968; the captain of the commercial seaport - Art. 76 KTM RF, etc.).

This is the fundamental difference between international administrative relations and international private law relations in the field of transport activities, which, as already noted, are characterized by the equality of the parties.

The next feature of these relations concerns the subject composition. In this relationship, one of the parties is the subject government controlled, in whose hands the power is concentrated. Consequently, she has the priority of will in relations with the second party, primarily with the carrier.

Another feature of international administrative legal relations associated with transport activities for transportation is that in the field of public administration there are special types of entities - executive authorities. They exercise their powers of power directly and directly expressing the will and interests of the state.

Although international administrative legal relations in this area arise on the initiative of any of the parties, the consent or desire of the second party (carrier, consignor, consignee) is not a prerequisite for their occurrence. Moreover, such a relationship can arise against the wishes of the other side. The subjects of the executive power, within the framework of their powers, require unconditional obedience to their orders. At the same time, they have the right to apply the measures of responsibility provided for by the administrative legal norm. There are direct indications about this in international and national sources (Art. 36 of the TIR Convention), Art. 12 Chicago Convention, Art. 65 of the Air Code of the Russian Federation, etc.).

The vesting of executive bodies with the authority to bring violators of public law interests to administrative responsibility is due to the fact that in administrative legal relations, in contrast to civil law relations, which are characterized by the responsibility of one party to the other, a different procedure has been established, according to which the responsibility of one party occurs directly before the state through its competent authorities.

1.The essence of international transport operations

Transport links are an important and indispensable component of the functioning of international economic relations. Vehicles provide the movement of goods and services in world markets from suppliers to consumers. Functionally, the transport serves directly the circulation process, merging with it completely. Outside of transport services, it is difficult to imagine the process of circulation of goods and services.

The transportation of goods and services, as it were, continues the production process. The costs of transporting the created products are added to the total costs of the given product and are included in the self-cost and price. They constitute additional costs of circulation and act as an important component of the price. At the same time, the share of transportation costs in the price can be very significant (up to 30% of the production cost). Therefore, the success of a foreign trade contract and its economic efficiency to a large extent depend on how this or that cargo is transported, whether the most economical and fast vehicles are used for transportation.

The transport factor has always been considered as an important prerequisite for the intensification of world trade. The great geographical discoveries of the 16th - 18th centuries were directly caused by the growth of maritime shipping, which gave a powerful impetus to the development of world trade. Having mastered the forces of steam and electric energy in the 19th century, mankind has significantly improved the means of transport. Steamships, railways made a real revolution in transport. All this, in turn, contributed to the further development of world economic ties.

International economic relations determine huge flows of movement of goods from one country to another. The transport network itself is formed within the framework of national economic systems... All types of transport (with the exception of sea transport) have, first of all, on-farm purposes for their functioning. At the same time, they also serve international transport. As international trade expands and deepens, international transport links develop; The most important factors of their constant growth and qualitative improvement are: 1) the rates and volumes of foreign economic activity;

2) scientific and technical progress, the use of the achievements of which directly affects the quality of vehicles.

Transport service of international economic relations is carried out in two directions: the carriage of goods and the carriage of passengers. We will consider mainly the first direction, because it is directly related to foreign trade contracts. Over the past 20-25 years, there has been a trend towards a reduction in the volume of transported goods. At the beginning of the 70s, the total volume of international traffic was estimated at 4.5-4.6 billion tons. In 1996, the tonnage of transportation decreased to 3.8 billion tons. changes in the structure of trade, where the share of fuel and raw materials decreased as the most "transport-intensive".

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Transport service for international economic relations

In the implementation of international economic relations, transport ensures the movement of goods (cargo) and people (passengers) between two or more countries, that is, in international communications.

Depending on the specific modes of transport used in transportation, there are sea, river, air, rail, road and pipeline communications. These are the so-called direct international communications, served by one mode of transport. In cases where two or more modes of transport are sequentially used in the international carriage of goods or passengers, mixed (combined) communications take place. If such transportation is issued with one (through) transport document covering all modes of transport involved in it, it is called direct mixed.

International transportation

International freight traffic. In any foreign trade transaction, the sold goods fall into the sphere of international circulation. With the help of means of transport, goods are transported from the place of their production to the point of consumption. In this case, transport, as it were, continues the process of producing goods within the sphere of circulation, adding to its initial value (price), the cost (price) of the produced transport products during movement.

World trade generates large flows of commodity masses between countries, regions and continents. In the service of international trade between countries separated from each other by seas and oceans, maritime transport is indispensable, which is rightfully considered the most universal and effective remedy delivery of large masses of cargo over long distances. This type of transport provides transportation of more than 80% of the volume of international trade. Cargo owners pay to shipowners in the form of freight for the transportation of goods in international sea routes $ 105-110 billion annually, which is approximately 7% of the value of world exports.

The bulk of international sea freight flows are bulk liquid and bulk cargo: Crude oil (about 1000 million tons per year), oil products (300 million tons), iron ore (300 million tons), coal(270 million tons), grain (200 million tons). Among other cargoes of sea trade, the so-called general, or packaged cargo, that is, finished industrial products, semi-finished products, foodstuffs, are distinguished. The annual volume of their traffic is estimated at 700 million tons. This is the most valuable part of the world. trade turnover(about 70% of the cost).

A serious competitor to sea transport in the intercontinental transportation of valuable goods in Lately became air transport. Rail, river and road transport are widely used in the inland foreign trade, as well as during the transportation of export and import goods through the territory of the countries of the seller and the countries of purchase. Pipeline systems play an important role in international oil and gas trade.

International passenger traffic. The processes of internationalization of foreign trade, tourism, scientific, cultural, social and other humanitarian ties that have deepened in the course of recent decades have caused an "explosion" of international population mobility in all developed countries of the world. Currently, several billion passengers annually make single or regular trips in international traffic.

Air transport, having an indisputable advantage over other modes of transport in the speed of delivery of passengers on long-distance travel routes, has firmly taken a leading position in international passenger traffic. During the 1980s alone, the transport capacity of air transport on international routes doubled due to the commissioning of a large number of wide-body jets with a high level of comfort for passengers, on the one hand, and with improved indicators of energy efficiency and cost of transportation, on the other.

Along with air transport, road transport (cars and buses) and rail transport are widely used in inland international passenger transport. Sea and river passenger services are most popular in the form of international tourist cruises.

Transport for international transport. There is no special international transport isolated from national transport systems in the world, designed exclusively for international transport of goods and passengers. International shipments are served by national carriers different countries using their own rolling stock (sea and river ships, airplanes, cars, cars), as well as transport networks (rail, road, river, air) and transport hubs (sea and river ports, airports, railway stations, bus stations, cargo and passenger terminals) related to the transport systems of individual countries.

The essence and types of international transport operations

Usually, the process of delivery of goods in international trade includes, first of all, their transportation from the domestic point of production A to the border point (port) B of the seller's country; further international transit or sea transportation from point B to the border point (port) of the buying country (if the partner countries do not have a common land border); and finally, transportation from point B to the domestic point of consumption.

Diagram of the process of delivery of goods in international trade

Transport operations in their direct meaning mean ensuring the carriage of goods in sections A

B, B - C, C - D. These operations are carried out under an agreement between cargo owners and carriers of the respective types of public transport, which includes vehicles and permanent devices belonging to transport organizations provided under contracts to cargo owners.

Transport operations are considered international if they are associated with the movement of foreign trade goods on the sections of the B-V transportation route relative to the seller and the buy country. The legal relations arising in such transport operations between the consignors and consignees of goods, as well as between them and the carriers, are of an international nature.

Carrying out international transport operations, carriers provide cargo owners with transport services, which are specific goods of international trade. International transport services are bought and sold in international transport markets. The prices of transport services and other conditions for their provision in some cases are the subject of negotiations between the interested parties, in others they are set by the carriers themselves.

International transport operations also include the carriage of passengers in communications between different states. International passenger transport services are bought and sold in the respective transport markets. An important role in this is played by travel agencies and other similar organizations that have close ties with enterprises of air, sea, river, road and rail transport.

Thus, services for the transport of goods and passengers are the subject of sale and purchase in various international transport markets. Countries participating in international economic relations, selling and buying transport services through their cargo, transport, tourism and other organizations, carry out their export and import.

International carriage conventions and agreements

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

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

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

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

Characteristics of the modes of transport used in international transport

Railway transport

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

Water transport

The cost of transportation by water transport of bulky non-perishable goods is not high cost type of sand, coal, grain, oil, metal ores is very small. On the other hand, water transport is the slowest and is often affected by the weather.

Automobile transport

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

Pipeline transport

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

Air Transport

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

Choosing a mode of transport

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

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

Note: The most favorable indicator is 1.

1 - Speed ​​(door-to-door delivery time) 2 - Frequency of shipments (according to plan per day) 3 - Reliability (adherence to delivery schedules) 4 - Carrying capacity (ability to carry different goods) 5 - Availability (number of geographic points served) 6 - Cost (per ton-mile)

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

Characteristics of the main modes of transport (*) TABLE

The total flow of world foreign trade cargo flows in intercontinental traffic:

1979 - 3.7 billion tons 1988 - 3.2 billion tons

Sea transport provides transportation of more than 80% of the volume of international trade. Cargo owners pay to shipowners in the form of freight for the transportation of goods in international sea routes $ 105-110 billion annually, which is approximately 7% of the value of world exports.

The bulk of international sea freight flows are bulk liquid and bulk cargoes: Crude oil (about 1000 million tons per year), oil products (300 million tons), iron ore (300 million tons), coal (270 million tons per year). tons), grain (200 million tons).

International maritime traffic

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

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

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

International river connections

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

International air services

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

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

International rail links

The most universal multilateral agreements on international rail services are the Berne Conventions on the Carriage of Goods (abbreviated as MGK) and on the Transport of Passengers (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 transport as amended in 1980 (COTIF) containing the consolidated text of the Berne Conventions. The majority of European and a number of Asian and African countries are parties to the Berne Conventions.

International road connections

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

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

International mixed messages

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

Organization of international transport

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

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

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

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

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

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

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

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

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

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

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

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

In the world there is no special international transport, isolated from national transport systems, intended exclusively for international transport. International transportation is served by national carriers of different countries, using their own rolling stock for this, as well as transport networks (rail, road, river, air) and transport hubs related to the transport systems of individual countries.

International transportation is the transportation of goods and passengers from one country to another on mutually agreed or internationally accepted economic and legal conditions.

International carriage of goods is understood as the carriage of goods for the needs of industry or trade for or without a fee in the case when there is at least one border crossing between two countries on the route.

International transport has two main features:

1) they are carried out between two or more countries;

2) their implementation is governed by the conditions established by international agreements.

The first sign follows from the peculiarity of international transport, which consists in the presence of a foreign element: transportation is carried out abroad. At the same time, specific transport issues arise that distinguish international transport from domestic ones.

The second feature is associated with the specifics of legal relations in international transport. The arrival of goods and passengers on the territory of a foreign state can be carried out in two different legal situations: in the presence of a bilateral or international agreement on international traffic, or in its absence. Differences in the operation of certain types of transport in different states often do not allow transportation on the roads on the basis of domestic law (this is especially true for railway transport). To eliminate the emerging difficulties in practice, international agreements on transportation are concluded.

Shipping is not international when transport process limited by the territorial boundaries of one state, despite the fact that one of its participants (consignor, consignee, passenger or carrier) is a foreigner. In such situations, international legal issues may arise, but they do not affect the process of international displacement.

International transportation is classified according to a number of criteria.

Depending on the subject of transport operations, they are subdivided into the carriage of goods, passengers, cargo luggage.

Depending on the type of transport, water transportation is distinguished (sea and river transport); land (rail and road transport); air (air transport); pipeline (oil pipeline, gas pipeline).

According to the number of vehicles used, transportation is direct communication (served by one type of transport) and mixed communication (two or more types of transport are used).

Depending on the frequency of transport operations, transportations are regular (linear) and irregular (charter).

Taking into account the order of passage of border points (points of destination), transportation is divided into non-loading (direct) and transshipment (interchange).

By the nature of transportation on the territory of a foreign state, neighboring transportation is distinguished (the cargo is delivered to neighboring countries); transit (the route passes through intermediate countries); through (for example, Moscow - Kaliningrad through Belarus and Lithuania).

Depending on the composition of the participants in the transportation process, transportations are divided into those carried out by the manufacturer of the goods, the seller or the buyer, the carrier, or the intermediary.

Depending on the place of transportation, they can be carried out within the country or on the territory of other countries. The first group of operations includes the organization of delivery of goods to border points, the transfer of goods, vehicles and various transport equipment abroad. The second group of operations carried out abroad includes the readdressing of cargo, the conclusion of a new contract of carriage, freight forwarding, agency, leasing, brokerage and other types of services for foreign trade cargo turnover and vehicles.

The process of transporting cargo, its delivery to the place of consumption, can be divided into the main (transportation, carried out by transport) and additional (covering a set of various, complex and time-consuming operations associated with the carriage of goods, but outside the scope of the carrier's duties) stages.

In turn, all operations can be divided into three main groups.

The first group of transport operations includes actions preceding the implementation of a foreign trade transaction. It includes: planning of foreign trade transportation; market analysis transport markets, tariffs and conditions for the carriage of goods in the region; planning of transportation costs, etc.

The second group of transport operations appears in the process of implementing a foreign trade transaction and consists of:

From the inclusion of transport conditions in the contract;

Preparation of goods for transportation;

Conclusion of contracts of carriage and their execution;

Development of transport and shipping documentation;

Insurance;

Organization of control over the movement of cargo;

Settlements between the seller or the buyer with the carrier;

Registration of customs, border, sanitary, veterinary operations.

After the completion of the foreign trade transaction, the third group of transport operations is carried out, which includes possible disputes between the consignee and the carrier, the exporter (seller) and the importer (buyer).

International transport law has historically been formed on the basis of the customs of trade, primarily in maritime traffic. At present, international transport law is a convention and is closely related to international trade law. The regulation of transport activities in international communications is carried out by two types of conventions:

1. firstly, these are conventions of local significance concluded by a limited number of states (for example, bilateral conventions or conventions, the circle of participants to which is limited by the framework of other treaties - EU or CIS countries, etc.);
2. secondly, these are conventions of global importance, concluded under the auspices of internationally recognized organizations, primarily the UN. The effect of such conventions covers a large circle of participants (practically all states), unlike local ones, it extends not only to the territory of the states parties to the convention, but also to extraterritorial spaces, the enforcement of global conventions is carried out, in addition to the participating states, also by international institutions.

In accordance with this, the development of acts of international transport law is carried out at the level of individual states interacting in the negotiation process or through international conferences with the participation of a large number of interested states. In any case, the developed act of international transport law must be signed by the plenipotentiary of each of the states that acceded to this act, and then ratified by this state, subject to the procedures established by national legislation. After ratification, the State Party shall deposit the instruments of ratification with the depositary - the State international organization or its chief executive official, which stores the original of an international treaty and which performs in relation to this treaty the functions provided for by international law.

According to the Federal Law "On International Treaties Russian Federation"(15.07.95 No. 101-FZ) “International treaties form the legal basisinterstate relations, contribute to the maintenance of global peace andsecurity, development of international cooperation in accordance with the purposes and principles of the Charter of the United Nations. International treaties play an important role in the protection of fundamental human rights and freedoms, in ensuring the legitimate interests of states. " The Constitution of the Russian Federation established that “The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply "(Article 15, paragraph 4). The same principles are established by the federal laws "On state control over the implementation of international road transport and on liability for violation of the order of their implementation" "On federal railway transport", TUZhD, KTM, VK.

According to the Constitution, the Russian Federation is a subject of international law. The constituent entities of the Russian Federation cannot act as parties to international treaties, which does not exclude their international treaty contacts at a different level (economic, organizational, humanitarian and other issues of international cooperation). The Russian Federation participates in the creation and application of international law in the following areas: accession to international multilateral conventions; gradual entry into the European legal space; the development of the international legal framework of the CIS member states, the conclusion of bilateral treaties with various states. In connection with the conclusion in 1999 of the Treaty on the Union of the Republic of Belarus and the Russian Federation, arose the most pressing problem the earliest possible integration of the transport legislation of these union states.

The most authoritative body under the auspices of which international transport law is being developed is the United Nations - UN. The UN has five regional commissions. One of them is the European Economic - UNECE (ECE 1LMO), in which Russia is taking an active part. One of the most active bodies of the UNECE is the Inland Transport Committee - ITC (ECE / ТКА№). There are three main working groups in the KVT: on road (automobile) transport (8С.1); on railway transport (8С.2); on inland water transport (8СЗ). As part of the main working group on road transport, there are working groups: on road safety (8C.1LUR.1) and on vehicle construction (8C.1LLF.29) with an administrative committee to coordinate the work of this working group on vehicle design (^ R.29 / AC.2) and expert meetings on: energy and pollution issues environment OLF.29 / SKRE); general prescriptions concerning safety (№Р.29 / ОК5С); issues of braking and running gear (ESD.29 / OKKR); lighting and light signaling (^ R.29 / OKR); noise issues OLF.29 / SKV); passive safety (IF.29 / OK8R).

Under the auspices of the UN, the ITC has developed over 50 conventions, agreements, protocols on transport issues. These acts regulate the relations of the participating countries in the areas of: road traffic and road signs, characteristics of vehicles, organization of transportation, documentation support of transportation, transport infrastructure, transportation of dangerous goods, inland navigation, transportation of perishable goods, etc. Russia is a contracting party for 24 existing documents and two that have not yet entered into force.

Legislation and established trade customs of various states, regions and individual ports provide for various forms of distribution of responsibility for goods, their transportation, insurance, documentation of transportation, etc. Hence, when moving goods in international traffic, border problems arise. In this regard, the International Chamber of Commerce is working on the unification and classification of international trade agreements by issuing collections of model rules and the interpretation of commercial terms used in international trade. The first such collection was published in 1936 and has been reissued several times. The modern version of the document International commercial terms - "Incoterms-2000" was published in English and French and has been in effect since 2000.

Based on the analysis of international trade practice, the document provides a systematic list of rules and a detailed description of the rights and obligations of the parties under each of the standard rules. The Incoterms-2000 rules provide for a wide range of options for the distribution of rights and obligations of the parties to the agreement - from allowing the buyer to pick up the goods directly at the seller's warehouse to the seller's obligation to take the goods to the buyer's warehouse at his own expense. When systematizing the requirements of the rules, it was taken into account where exactly the cargo passes from the possession of the supplier to the possession of the recipient, which of the parties to the contract makes the freight (payment) for transportation, how the potential risks are distributed between the parties to the contract and who makes insurance payments, who orders and pays for customs operations, etc. The more responsibilities are assigned to the seller, the more operations are assigned to him.

Classification separate rules"Incoterms-2000" by groups is produced according to essential characteristics (the first letter of the English name of the rule and its abbreviation are used in the designation), for example:

• group E contains the rules governing the place of receipt of the goods by the buyer;
• group P contains the rules governing the conditions for the delivery of goods by the seller to a specific vehicle;
• group C contains rules governing the seller's obligations to conclude a contract of carriage, with the seller exempting from liability for risks during carriage;
• group B contains rules governing the seller's obligations to bear all shipping costs and liability for risks.

The rules establish the obligation of the parties to perform and pay for transportation, freight, loading, unloading, storage of cargo, insurance of risks, the place and moment of transfer of responsibility for the cargo are especially clearly indicated.

If the parties to the agreement wish to adhere to these rules, then in the agreement it is enough just to make a reference to them. For example: "... on the terms of С1Р according to" Incoterms-2000 ". However, at the request of the parties to the agreement, they can additionally indicate any exceptions to the model rules or any additions to them.

When carrying out international transportation, vehicles must carry on board all the state symbols of the country of registration and other identification means. Commercial vehicles carry state registration plates ("numbers"), a T1K plate, signs confirming civil liability insurance and compliance with environmental standards. In a number of European countries, it is mandatory when entering certain territories to confirm the environmental friendliness of cars by applying a sign.

Containers bear designations of their type, numbers, an indication of the owner and certification marks.

The Federal Law "On State Control over the Implementation of International Road Transport and on Liability for Violation of the Procedure for Their Implementation" establishes the obligation of international carriers to use the registration and distinctive signs of their state. In this case, trailers and semi-trailers may have distinctive signs of another state.

International road traffic is governed by a set of conventions, the most applicable of which are the Convention on the Contract for the International Carriage of Goods by Road (entered into force in 1961) and the European Agreement on the International Carriage of Dangerous Goods by Road (entered into force in 1968). 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 the International Road Carriage Book was concluded, and in 1975 amended and supplemented, to which almost all European states have joined.

Under the auspices of the UNECE ITC developed:

• European Agreement on Main International Traffic Arteries - AGR (15.10.75);
• European Agreement on Important International Combined Transport Lines of Relevant Facilities - AGTC (01.02.91);
• Convention on Road Traffic (08.11.68);
• European Agreement supplementing the 1968 Convention on Road Traffic (01.05.71);
• Protocol on Road Signs and Signals (19.09.49);
• Convention on Road Signs and Signals (08.11.69);
• European Agreement supplementing the 1968 Convention on Road Signs and Signals (01.05.71);
• Protocol on Road Markings to the European Agreement Supplementary to the Convention on Road Signs and Signals (01.03.73);
• Agreement on the Adoption of Uniform Conditions of Approval and on the Reciprocal Recognition of the Approval of Items of Equipment and Parts of Motor Vehicle (20.03.58);
• European Agreement concerning the work of crews of vehicles engaged in international road transport - AETR (01.07.70);
• Convention on the Contract for the International Carriage of Goods by Road - CMR (19.05.56);
• Protocol to the Convention on the Contract for the International Carriage of Goods by Road - CMR (05.07.78);
• Convention on Customs Concessions for Tourists, signed in New York (04.06.54); Customs Convention on the International Carriage of Goods under the Cover of TIR Carnets (TIR Convention) (14.11.75);
• Customs Convention concerning the Temporary Importation of Road Vehicles for Commercial Purposes (18.05.56);
• Customs Convention on Containers (02.12.72);
• European Convention on the Customs Regime Applicable to Pallets Used in International Transport (09.12.60);
• International Convention on the Harmonization of Frontier Controls of Goods (21.10.82);
• European Agreement concerning the International Carriage of Dangerous Goods by Road - ADR (30.09.57);
• Protocol amending Article 1a, Article 14 (1) and Article 14 (3) of the European Agreement of 30.09.57 on the International Carriage of Dangerous Goods by Road - ADR (28.10.93);
• Agreement on the international carriage of perishable goods food products and special vehicles intended for. these shipments - ATP (01.09.70);
• Convention on the Contract for the International Carriage of Passengers and Luggage by Road - KAPP;
• Convention on the International Carriage of Passengers and Luggage by Road - KMAPP (signed by the Heads of Government participating States CIS 09.10.97);
• International agreement (universal agreement) on civil liability insurance of motor vehicle owners under the "green card" system (20.10.89) and other contracts, conventions and agreements, protocols to them.

The EU countries have entered into the Agreement on the International Non-Scheduled Carriage of Passengers by Buses - ASOR. A similar agreement intended for accession has been developed by the ITC UNECE.

The Russian Federation has acceded to only part of the international conventions in the field of international road transport. European states have also acceded to conventions and agreements in the field of road transport selectively: Poland - 28 documents; Italy - 27; Germany, France, Finland and Hungary - 26 each; Bulgaria -25 documents. All of these states have acceded to the AGR, the Convention on Road Traffic (1949 and 1968); CMR and its Protocol; The Convention on Customs Benefits for Tourists; The TIR Convention (1959 and 1975); Customs Convention on Containers; ADR; THX; AETR and others.

The International Union of Road Transport (formed in 1948) aims to promote the development of international road transport and transportation. With the participation of the union, many conventions on international carriage by road have been developed: the Customs Convention on the Carriage of Goods by Road in 1975, the Convention on the Contract for the International Carriage of Goods by 1956, etc.

International Union of Public Transport - UITP unites public transport organizations of different countries and cities. The Union periodically holds conferences at which agreed requirements for the quality of transportation are developed, and experience is exchanged.