Information educational and educational materials. International air transportation International air transportation in PIL

The legal regime of the air transport environment is determined by the legal nature of the airspace within which the flight is carried out, as well as control over it by the air traffic services (ATS).

By its nature, airspace is divided into the sovereign airspace of a particular state (Article 1 of the Chicago Convention on International civil aviation 1944) and international airspace.

Sovereign is understood as the space that is located above the state territory, which, in turn, includes the land areas (massifs) and the territorial waters adjacent to them, which are under the sovereignty of this state.

If in your airspace the state has the right to establish its own rules, then in international flight safety is achieved by the implementation of ICAO rules. In accordance with the latter, international airspace is divided into flight information regions. A flight information region is airspace within boundaries established taking into account the capabilities of navigation and air traffic control aids. It includes: airways, areas and aircraft flight paths on which air traffic services are provided.

The main international legal source regulating air transportation is the Convention for the Unification of Certain Rules for International Carriage by Air, signed in 1929 in Warsaw and supplemented in 1955 by the Hague Protocol. More than 100 states have joined the Convention, and more than 90 countries participate in the Hague Protocol, including Russia (on the basis of succession to the obligation of the USSR). Subsequently, the Convention was supplemented by the Montreal Agreement of 1966, the Guatemalan Protocol of 1971 and the Montreal Protocol of 1975, which were either signed and ratified by a very small number of states, or did not enter into force.

Air transportation is issued by a travel ticket, a baggage receipt or an air transportation document.

The travel ticket is issued for the carriage of passengers and must contain an indication of:

• - places of departure;
• - stopping places;
• - destinations
• - payment amounts.

When carrying checked baggage, a baggage receipt is issued, which can be combined with a travel ticket. In both cases, it must contain the same information as the ticket.

The travel ticket and baggage receipt are evidence of the conclusion of the contract of carriage and its conditions. Their absence, irregularity or loss does not affect the existence or validity of the contract of carriage.

For the carriage of cargo (goods), an air transportation document is issued. The air transportation document is drawn up by the sender in three original copies and handed over together with the goods. The first copy is marked "for the carrier" and signed by the sender. The second copy is intended for the recipient, signed by the sender and the carrier and must follow with the goods. The third copy is signed by the carrier and returned to the sender upon acceptance of the goods.

The sender is responsible for the correctness of the information and declarations regarding the goods, which he enters in the air transport document. The sender will be liable for any damage suffered by the carrier or any other person to whom the carrier is liable, due to the incorrectness, inaccuracy or incompleteness of the information or declarations given by the sender.

The sender is obliged to provide information and attach to the air transport document the documents that are necessary for the performance of customs or police formalities prior to the transfer of the goods to the recipient. The sender shall be liable to the carrier for all losses that could result from the absence, insufficiency or incorrectness of these information and papers, except in cases of fault on the part of the carrier or persons appointed by him.

The carrier is liable for damage resulting from delay in the carriage of passengers, baggage or goods by air.

The carrier is liable for damage resulting from death, storage or any other bodily injury suffered by a passenger if the accident causing the damage occurred on board the aircraft or during any embarkation and disembarkation operations.

The carrier is liable for damage resulting from the destruction, loss or damage to checked baggage or goods, if the incident that caused the damage occurred during carriage by air.

Carriage by air (within the meaning of the preceding paragraphs) covers the period of time during which baggage or goods are under the care of the carrier, whether this takes place at an aerodrome, on board an aircraft or elsewhere in the event of landing off an aerodrome. .

The carrier must notify:

• - in cases where it is impossible to execute the sender's orders;
• - upon arrival of the goods at the airport of destination.

An action for liability must be brought at the option of the claimant within the territory of one of the states of incorporation of the party to the contract, either in the court of the carrier's place of residence, the place where the head office of his place of business is located, or the place where he has an office through which the contract was concluded, or in destination court.

An action for liability may be initiated within two years from the date of arrival at the destination, or from the date on which the aircraft should have arrived, or from the date the carriage was stopped. In the absence of objections related to the obligation of carriage within the established time limits, no claims against the carrier will be accepted.

5 .5 International shipping

The most complex legal issues arise in international maritime transport. This is explained both by the diversity of the relations themselves in this area (the subject of regulation), and by the different nature of the sources of legal regulation (along with the norms of conventions and domestic legislation, maritime customs, both national and international, are widely used).

The first legal act that determined the international status of the bill of lading was the Brussels Convention on the Unification of Certain Rules on Bill of Lading, which was adopted under the auspices of the International Maritime Committee in 1924. The convention is called the Hague Rules, which came into force on June 2, 1931.

In 1968, an additional protocol was adopted to the Convention, called the Wisby Rules, which entered into force on 6 December 1978.

Within the framework of UNCITRAL, a new convention was developed, adopted in 1978 in Hamburg and called the UN Convention on the Carriage of Goods by Sea, known as the Hamburg Rules and entered into force in November 1992.

In view of the fact that there is no unity among states regarding the application of all of the above conventions, they act not excluding each other.

Under the 1924 Hague Rules, before a flight, a carrier must take reasonable care to:

• - bring the vessel into a seaworthy condition;
• - properly staff, equip and supply the vessel;
• - to adapt and put in a condition suitable for receiving, transporting and storing cargo, holds, refrigerator and refrigeration rooms and all other parts of the ships in which cargo is transported.

Upon receiving the goods and taking them into their charge, the carrier, the captain or the agent of the carrier must, at the request of the sender, issue to the sender a transport document called a bill of lading. This document has three functions:

• - serves as a receipt for acceptance of cargo for transportation;
• - is a document of title;
• - mediates the conclusion of a contract of carriage in liner shipping.

The provisions of the Hague Rules cover three groups of issues that are decisive in the carriage of goods by sea:

• - the procedure for drawing up bills of lading and their details;
• - liability of the sea carrier for losses incurred by the cargo owner;
• - the procedure for presenting claims to the sea carrier. The Hague Rules establish liability for loss or damage to goods, therefore, they cover almost all options for the responsibility of the maritime carrier to the cargo owner. The liability provisions are mandatory and any derogation from them shall be null and void. The carrier's liability is formulated in the form of a list of grounds exempting him from liability. This list covers 17 grounds. Neither the carrier nor the vessel is liable for loss or damage arising from or resulting from:
• - acts, negligence or omission of the captain, crew member, pilot or carrier's servants in navigation or management of the vessel;
• - fire, unless it was caused by the actions or fault of the carrier;
• - risks, dangers or accidents at sea or in other navigable waters;
• - force majeure;
• - military operations;
• - actions of antisocial elements;
• - arrest or detention by the authorities, rulers or people, or the imposition of judicial arrest, etc.

With regard to the procedure for filing claims against the carrier, the Hague Rules establish the following procedure:

• - a statement of loss must be made to the carrier in writing at the time of delivery of the goods; otherwise, the goods are deemed to have been delivered as described in the bill of lading;
• - when losses cannot be recognized immediately, a declaration may be made within three days of the release of the goods;
• - the limitation period for claims against the carrier for damages is one year after delivery of the goods.

The Hague Rules do not contain any rules on jurisdiction and arbitration. This issue is regulated by the usual rules prevailing in merchant shipping. As a matter of practice, the dispute is usually settled at the location where the carrier's principal place of business is located. If an arbitration clause is included in the bill of lading, it is also recognized as valid, but excludes the possibility of bringing the dispute to a state court.

The Wisby Rules extended the scope of the 1924 Brussels Convention by applying the latter to any bill of lading:

• - if it is issued in one of the Member States;
• - transportation is carried out from a port located in one of the Member States;
• - if there is a reference in the bill of lading to its submission to the Hague Rules.

The limit of liability in the version of the Wisby Rules is 10,000 Poincaré francs per piece or unit of cargo, or 30 Poincaré francs per 1 kg of gross weight of lost or damaged cargo, whichever is higher. This limit of liability applies if the value of the goods was not specified by the sender in the bill of lading.

The Hamburg Rules of 1978 have a wider scope. They cover the transport of animals, goods on deck and dangerous goods. They include an additional 13 mandatory details of the bill of lading. All provisions of the rules are mandatory.

The limit of liability of the maritime carrier under the Hamburg Rules is established in two ways. For IMF member states, it is expressed in SDRs (XDR - special drawing rights). The limit of liability is 835 SDRs per piece or unit of cargo, or 2.5 SDRs per 1 kg of gross weight of lost or damaged cargo. The limitation period for claims against the carrier is also increased compared to the Hague Rules and is two years.

Unlike the Hague Rules, the Hamburg Rules contain rules on both jurisdiction and arbitration. The plaintiff, at his choice, may bring an action in court in the place of:

• - the principal place of business of the defendant;
• - conclusion of a contract of carriage, provided that the defendant has there a place of business or an agency through which the contract was concluded;
• - port of loading or port of unloading;
• - in any place specified in the contract of carriage by sea.

Legal regulation international air transportation carried out:

Warsaw Convention for the unification of certain rules relating to international air transport of October 12, 1929 .; Protocol amending the Convention for the Unification of Certain Rules Relating to International Carriage by Air of September 28, 1955;

Convention Supplementary to the Warsaw Convention on the Unification of Certain Rules Concerning International Carriage by Air Carried Out by Persons Who Are Not Contract Carriers dated September 18, 1961;

Convention on the Unification of Certain Rules for International Carriage by Air of May 28, 1999; entry into force for Ukraine on May 6, 2009;

Convention on International Civil Aviation of December 7, 1944; gained strength on September 9, 1992.;

Agreement on transit through international air lines of December 7, 1944.; Ukraine joined in June 1997;

The governments of the states have concluded a number of bilateral agreements on international air traffic. In particular, between the government of Ukraine and the government of Latvia, Lebanon, Brazil, Hungary, Austria, Korea, Libya, etc. international agreements in this transport industry.

Convention on International Civil Aviation dated December 7, 1944 entered into force on September 9, 1992 (Chicago Convention). The Convention was created so that international civil aviation could develop in a safe and orderly manner, so that international air services could be established on the basis of equality and carried out rationally and economically.

The convention applies only to civil aircraft and does not apply to state aircraft. Aircraft used in military, customs and police services are treated as state aircraft. No State aircraft of a Contracting State shall fly over or land in the territory of another State, except with permission granted by special agreement or otherwise, and in accordance with its terms. Contracting States, in laying down rules for their state aircraft, undertake to pay due regard to the safety of navigation of civil aircraft.

The Convention defines the nationality of aircraft. Aircraft have the nationality of the state in which they are registered. The registration of an aircraft in more than one State cannot be considered valid, but its registration may be transferred from one State to another. Each aircraft engaged in international air navigation has the appropriate nationality and registration marks.

The convention defines the requirements for pilots. In particular, the pilot of each aircraft and other members of the flight crew of each aircraft engaged in international navigation are provided with certificates of qualification and licenses issued or validated by the state where this aircraft is registered.

Each Contracting State undertakes to cooperate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization concerning aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation.

According to the Air Code of Ukraine, the only international transportation document is a document confirming the international nature of air transportation if it is performed outside the customs territory of Ukraine - General Declaration , duly issued to the operators in accordance with Appendix 1 to Annex 9 of the Convention on International Civil Aviation.

Agreement on Transit on International Air Lines December 7, 1944 (Two Freedoms of the Air agreement) (Ukraine joined in June 1997). The participating States shall grant the following air freedoms for scheduled international air services: preemptive right fly over its territory without landing; preemptive right to land for non-commercial purposes.

Declaration of Global Principles for the Liberalization of Air Transport March 24-29, 2003 (Montreal) defined the general principles for the effective functioning of air transport in today's conditions: ensuring a high and growing level of flights and aviation security; promoting the effective and stable participation of all states in international air transport, and the like.

Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) dated May 28, 1999, entered into force for Ukraine on May 6, 2009 The Convention applies to any international carriage of passengers, baggage or cargo, which is carried out by an aircraft for reward. It also applies to carriage by aircraft carried out by an air transport company free of charge.

According to the Convention, "international transport" means any carriage in which, as determined by the parties, the place of departure and the place of destination, whether there is an interruption in carriage or transshipment, are located either in the territory of two States Parties, or in the territory of the same State Party, if agreed the stopover is provided for in the territory of another State, even if that State is not a State Party. Carriage between two places in the territory of the same State Party without such a stopover shall not be considered international within the meaning of this Convention.

For the carriage of passengers is issued individual or group transportation document , containing: a) an indication of the points of departure and destination; b) if the points of departure and destination are in the territory of the same Member State, and one or more of the planned stops are in the territory of another State, an indication of at least one such stop. The carrier shall provide the passenger with a baggage identification tag for each piece of checked baggage. An air waybill is issued for the carriage of goods.

Instead of an air waybill, any other means that keeps a record of the forthcoming shipment may be used.

Responsibility of the carrier and the amount of compensation for damage caused. The carrier is liable for damage resulting in the death or bodily injury of a passenger only if the event that caused the death or injury occurred on board the aircraft or during the embarkation or disembarkation of the passenger. The carrier is liable for damage caused in the event of the destruction, loss or damage of checked baggage, only if the event that caused the destruction, loss or damage to the baggage occurred on board the aircraft or when the carrier was responsible for the safety of the checked baggage . However, the carrier shall not be liable for damage to baggage due to its defect, quality or shortcomings. With regard to unchecked baggage, including personal belongings of the passenger, the carrier is liable if the damage is caused through his fault or through the fault of his servants or agents.

The liability of the carrier in the event of destruction, loss, damage or delay in carriage of baggage is limited to 1,000 special drawing rights in respect of each passenger, unless the passenger made a special declaration of interest in delivery at the time of handing over the checked baggage to the carrier and paid an additional fee if it's necessary. In this case, the carrier is obliged to pay an amount not exceeding the declared amount, unless he proves that this amount exceeds the actual interest of the passenger in delivery.

The amounts specified in Special Drawing Rights in this Convention shall be treated as relating to Special Drawing Rights as defined by the International Monetary Fund. The translation of these amounts into national currencies in the event of litigation occurs in accordance with the value of these currencies in special drawing rights at the date of the judgment.

Limitation of actions. The right to indemnification is forfeited if a claim for liability is not brought within two years from the date of arrival at the destination or from the date on which the aircraft should have arrived or from the date of stoppage of transportation.

The Air Code of Ukraine establishes legal framework aviation activities. Ukraine owns full and exclusive sovereignty over the airspace of Ukraine, which is part of the territory of Ukraine. The scope of the Air Code of Ukraine extends to individuals and legal entities, regardless of the form of ownership and departmental subordination, operating in the field of aviation and the use of the airspace of Ukraine, namely: 1) in Ukraine - to legal entities and individuals in the part that concerns them; 2) outside Ukraine - to aviation personnel during their performance official duties and civil aircraft of Ukraine, their operation and maintenance.

The Air Code defines the concepts and requirements for the air waybill (air waybill), which means a document issued by the consignor or on his behalf, including its electronic counterpart (if applicable), certifying the conclusion of a contract of carriage and acceptance of cargo for transportation on the terms specified in such agreement.

According to Art. 39 of the Air Code, the inclusion of an aircraft in the State Register of Civil Aircraft of Ukraine determines its nationality to Ukraine.

• On the accession of Ukraine to the Agreement on Transit in International Air Services of 1944: Decree of the President of Ukraine from 4 worms. 1997 No. 490/97. - Official. website of the Verkhovna Rada of Ukraine. - Access mode: zakon2.rada.gov. ua/laws/show/490/97

The contract of international carriage is a special type of foreign economic transactions. The specificity of the ϶ᴛᴏth contract is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage contains public law (determination of the status of the transport environment) and private law (direct organization of the transportation itself) aspects. International transportation - ϶ᴛᴏ transportation of goods and passengers between two or more states, carried out on the terms of an international agreement concluded between them.

The specifics of legal regulation is, in fact, that the main issues of transportation are resolved in international agreements (international transport conventions) containing unified substantive and conflict of laws rules. In the absence of an international treaty, carriage across borders will not be international and is governed by national legislation. Contract of carriage - ϶ᴛᴏ secondary foreign trade transaction serving the general system of goods movement.

Types of international transportation: rail, road, air, water (river and sea) There is also pipeline transport, but its use does not constitute a contract of carriage (there is no central party of the ϶ᴛᴏth contract - the carrier) Serious specifics have transit, mixed, container and combined international transportation.

The features of the law applicable to the contract of international carriage lie in the action of general conflict bindings (the law of the location of the thing, the conclusion of the contract, the infliction of harm) and their transformation into special ones (the law of the road of departure; port of destination; places of collision of ships, etc.) Autonomy of will will be general conflict binding of the contract of international carriage as a secondary foreign trade transaction. In the absence of an agreement between the parties on the law, the criterion of the closest connection is applied, which is understood as the law of the place of residence or the main place of activity of that party to the relationship, which performs the performance, which is decisive for the content of the contract (the law of the country of the carrier - subparagraph 6, paragraph 3, article 1211 Civil Code)

7.2. International rail transport

International rail transport - ϶ᴛᴏ transportation of goods and passengers between two or more states under the terms of an international railway convention. Rail transportation in the absence of an international transport agreement will not be international, but will have a national legal character. It is this kind of transportation that is divided into several stages and formalized by several contracts of carriage: following the border station - according to the law of the state of departure, after crossing the border - according to the national law of a foreign state, etc. International railway conventions can have both intergovernmental and interdepartmental character. Along with these conventions, special agreements of an auxiliary nature are concluded that regulate exclusively relations between railways and do not create rights and obligations for the parties to the contract of carriage.

It is generally recognized that in the presence of a railway convention, the application of national legislation is allowed only if there is a reference to it in the convention itself or on issues not regulated by the convention.
It is worth noting that the peculiarities of the conflict regulation of international railway communication consist in combining the action in each contract of several conflict principles. It will be extremely common to transform general conflict bindings (the law of the location of the thing, the place of the contract) into special ones (the law of the road of departure, route, transit, destination, etc.) The legal regulation of rail transportation implies the possibility of autonomy of will when choosing the applicable law and jurisdiction.

Multilateral international agreements on rail transport are concluded, of course, only on regional level. It is worth noting that in Western, Central and Eastern Europe the Berne Conventions on the Carriage of Goods by Rail, 1890 (BIM) and on the Carriage of Passengers and Baggage by Rail, 1923 (CIV) are in force. In 1980, a special Revision Conference was convened Berne Conventions, which ended with the adoption of the Agreement on International Carriage by Rail, 1980 (COTIF) The International Passenger Convention (Appendix A - IPC Uniform Rules) and the International Cargo Convention (Annex B - Uniform CIM Rules) were developed as an Annex to COTIF addendum - Rules for international cargo traffic, which is an official instruction to COTIF.

Within the framework of COTIF, the Berne International Railway Transport Organization was established. When calculating international rail transport, the SDR, an international currency unit established in 1967 by the IMF, can mainly be used. Not only European countries, but also individual states of Asia and Africa participate in COTIF. It is worth saying that the provisions of COTIF are applied when transporting Russian foreign trade goods to countries Western Europe and from them to Russia.

COTIF applies not only to rail, but also to mixed rail-water-air traffic. The norms of the IPC and the CIM are dispositive in nature, they establish the possibility of changing the conditions of transportation through separate bilateral agreements and the norms of national laws. COTIF has quite a lot of special conflict bindings (the law of the road of departure of the cargo, the roads of the cargo, the roads of the destination of the cargo).

Russia also participates in multilateral international regional agreements on rail transport - in the Agreement on International Freight Traffic (SMGS) and the Agreement on International Passenger Traffic (SMPS) of 1951 (valid in 1992). special agreements are made. The scope of the SMGS and SMPS is the former socialist states of Eastern Europe and Asia, the former Soviet republics of the USSR.

SMGS and SMPS contain mandatory unified substantive and conflict of laws rules. All bilateral agreements derogating from the rules of SMGS and SMPS are invalid. Types of special conflict bindings in these agreements: the law of the road of departure of the goods; cargo routes; road that changes the contract of carriage; roads where the cargo was detained; cargo destination roads; roads, to which claims will come. The impossibility for the parties to choose the applicable law and other conflict-of-law bindings has been established. The application of national laws is permissible only on issues not regulated in the agreements.

Russia has a whole system of bilateral agreements on international rail freight and passenger traffic with various countries (Turkey, Finland, Iran, Austria, etc.). The freight charge for all international rail traffic in Russia is set at MTT rates. Preferential freight charges are fixed in the Russian-Finnish agreement. On the Trans-Siberian Railway, cargo transportation is carried out by through accelerated container trains - "West Wind" and "East Wind".

7.3. International road transport

The legal status of the land transport environment is inextricably linked with the legal status of the state territory. The sovereignty of the state fully extends to the territorial entities belonging to it and predetermines the specifics of the legal regime of land transportation. The organization of road communication is closely related to the norms of national public law. International road communication, in addition, has a special specificity. A motor vehicle crosses borders and follows the roads of different states, i.e. there is a need to establish uniform traffic rules, a unified system of road signs and signals.

International road transport - ϶ᴛᴏ transportation of goods and passengers by road on the basis of an international agreement, when the point of departure is on the territory of one state, the point of destination is on the territory of another, as well as transportation in transit. An agreement on international road transport is a special type of foreign trade transactions, a special commercial agreement. Road transportation is usually carried out not by the parties to the contract, but by companies related to them, which can themselves conclude a road transportation agreement. The most characteristic legal feature of these agreements will be their nature as a double foreign trade transaction.

Europe has a whole system international treaties governing road transport: the Convention on Road Traffic of 1949 (in force in terms of the organization of road traffic) and its Protocol on Road Signs and Signals of 1949; Convention on Road Traffic of 1968 (establishes a uniform system of road signs and signals, a single road marking); European Agreement concerning the International Carriage of Dangerous Goods by Road, 1957 (ADR); European Agreement on International Highways 1975 (CMA)

Among the regional European agreements, the main role in the legal regulation of international road transport is played by the Geneva Convention on the Contract for the International Carriage of Goods by Road of 1956 (CMR or CMR) and the Geneva Customs Convention on the International Carriage of Goods Using TIR Carnets (TIR Carnets) of 1975 (Convention TIR)

The CMR has unified the conditions for the international carriage of goods by road. The scope of the CMR is the regulation of the relationship between the carrier and the cargo owner, the procedure for accepting cargo for transportation and issuing it at the place of destination. Scope of the CMR: all contracts for the carriage of goods by road for consideration, where the place of loading and the place of delivery of the goods are located in the territory of two different States, at least one of which will be a party to the Convention.

The CMR contains detailed rules on all the basic conditions of carriage; a list of shipments has been established to which the Convention does not apply. The application of the Convention does not depend on the place of residence and nationality of the parties to the contract. The norms of the CMR are mandatory. Deviations from its provisions are not valid. The CMR is a conglomeration of substantive and conflict of laws rules. Conflict regulation provides for the application of general and special conflict rules: autonomy of will, law of the court, law of the place of departure and location of the goods (general); the law of the location of the head office of the defendant's enterprise, the law of the location of the office that concluded the contract, the law of the place where the goods were presented to the carrier (special)

The TIR Convention defines the procedure for processing customs formalities and the procedure for customs examination in the international carriage of goods by road.
It is worth noting that the main attribute of the Convention is the TIR carnet (single customs document), the holder of which enjoys the advantage of priority customs clearance (TIR sign). The member states have special guarantee association institutions to protect persons using the TIR procedure. ASMAP, a non-profit organization, a member of the International Road Transport Union, has been established in Russia. ASMAP is a guarantee association of Russian international road carriers.

Russia participates in a large number of bilateral international agreements on international road transport. All these agreements contain general provisions, which establishes a licensing system for international road transport of passengers, baggage and cargo, resolves issues of transportation to and from third countries (for example, the Russian-Austrian agreement on international road transport) Transportation to and from third countries is carried out on the basis of the "standard international license”, issued with the permission of the ECMT, a member of which Russia will be from 1997.

Since a motor vehicle will be a source of increased danger, guarantees provided to third parties in case of damage are very important for road transportation. Trucking involves compulsory civil liability insurance. In Europe, since 1953, there has been an international automobile insurance card (the “green card” system)

Guarantees for causing harm to third parties by a motor vehicle are also provided at the international level in ϲᴏᴏᴛʙᴇᴛϲᴛʙii with the Hague Convention on the Law Applicable in Cases of Accidents in Road Traffic, 1968. The Convention contains unified international conflict rules.
It is worth noting that the main conflict binding will be the substantive law of the country in whose territory the accident occurred. Subsidiary conflict rules - the place of registration of the vehicle, the place of usual residence of the victim.

7.4. International air transportation

The legal regime of the air transport environment - ϶ᴛᴏ scope of public law (national and international) The air transport environment is divided into the sovereign airspace of specific states and international airspace. At the interstate level, a global system for managing international air traffic has been created, the main role in which is assigned to ICAO.

The main document regulating the use of international and national airspace will be the Chicago Convention on International Civil Aviation of 1944. The Convention established general rules activities of civil aviation in the implementation of international communications, categories of international flights (regular and irregular); defined the concept of international flights and air routes.
It should be noted that the main purpose of the Convention is legal regulation international air communications and commercial activities. Material published on http: // site
The Convention enshrined a list of commercial ϲʙᴏ air: basic, additional, prohibition of cabotage. There are 18 annexes to the Chicago Convention. ICAO was created on the basis of the Convention. Today, within the framework of ICAO, international aviation regulations are being developed.

Do not forget that the Warsaw Convention of 1929 for the unification of certain rules of international air transport is the basis for the legal regulation of international air transport. Agreements supplementing Do not forget that the Warsaw Convention: the Hague Protocol of 1955, the Guatemala Protocol of 1971 on amendments to Do not forget that the Warsaw Convention, the Guadalajara Convention of 1961, the Montreal Protocol on the Unification of Certain transportation, 1975 (established the concept of "actual carrier"), the Montreal Interim Agreement of Airlines of 1966, the Montreal Agreement of 1999. The totality of the norms of these agreements as a whole is Do not forget that the Warsaw system of regulation of international air transportation. It is appropriate to note that IATA, a special non-governmental organization, an association of airlines of ICAO member states, is engaged in determining the specific conditions for international air transportation.

It should not be forgotten that the Warsaw Convention of 1929 is the primary international legal source of the law of international air transportation. The Convention defines international air transportation - ϶ᴛᴏ transportation, in which at least one of the landing points is located on the territory of another state. Scope of application Do not forget that the Warsaw Convention: the carriage of goods, passengers, luggage, combined transport. The Convention does not apply to air transportation between the states parties to the Convention and states not participating in it; does not apply to mail shipments. Action Do not forget that the Warsaw Convention applies to the following air transportation:

1. the place of departure and the place of destination, regardless of the interruption in carriage, are located on the territory of two States Parties to the Convention;
2. the place of departure and the place of destination are in the territory of one state party to the Convention, but the stopover is provided for in the territory of another state, possibly not a party to the Convention.

In international air traffic, flights performed sequentially by several carriers can often be used. From the standpoint Do not forget that the Warsaw Convention considers such transportation as a single one, regardless of how the transportation is framed - by one or more contracts.
It is worth noting that the main content Do not forget that the Warsaw Convention - ϶ᴛᴏ unified substantive norms of an imperative nature. There are practically no general conflict-of-law bindings in the Convention, there is an exceptionally small number of conflict-of-law bindings on particular issues (and all of them provide for the exclusive application of the law of the place of court). peace.

The specific nature of air traffic creates difficulties in determining the applicable law and establishing jurisdiction. Basically, these issues are regulated by the unified substantive norms of international conventions. At the same time, there are often cases of a conflict issue arising if:

1. transportation is associated with a state not participating in Do not forget that the Warsaw Convention;
2. there are issues unsettled in Do not forget that the Warsaw Convention system;
3. the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict-of-law bindings for air traffic, therefore, the general conflict-of-law principles of the carrier's law, the law of the court, and the flag's law apply. The law of the carrier in the law of international air transportation is understood traditionally - ϶ᴛᴏ the law with which air communication has the closest connection (the location of the party whose execution characterizes the contract of carriage) The law of the place of conclusion of the contract is understood specifically - as the law of the country where the first section was started flight.

VK operates in Russia. Its norms take into account the main provisions Do not forget that the Warsaw Convention of 1929 VK defines: the concept of international air transportation; the rights and obligations of the carrier, his liability; liability of the aircraft owner; compulsory third party liability insurance; sums insured. Russia will be a party to a large number of bilateral international air transport agreements (more than 130). Their basis is the rules of the Chicago Convention of 1944. Such agreements provide for a “package” of commercial rights of the contracting states, their rights and obligations (see, for example, the Agreement between the Government of the Russian Federation and the Government of the Slovak Republic on air traffic 1995 and Annex to the Agreement)

7.5. International shipping

The legal regime of the maritime transport environment is established in the UN Convention on the Law of the Sea of ​​1982. The Convention establishes a clear delimitation of maritime spaces, their international legal status. It is worth saying that the provisions of the Convention also affect the problems of private international law - the right of innocent passage; civil jurisdiction over foreign vessels; immunity of state ships operated for non-commercial purposes; the nationality of the courts; "flags of convenience"; most favored nation clause.

The legal regulation of the carriage of goods by sea contains the norms of maritime navigation and merchant shipping and will be a subsystem of private international law. In the doctrine, the concepts of "MCHMP" and "merchant shipping" have been established for quite a long time. Groups of relations in the ϶ᴛᴏth sphere - real rights to sea vessels, contracts of carriage by sea, relations associated with the risk of navigation. The conflict regulation of legal relations in the ϶ᴛᴏ sphere is characterized by an abundance of various conflict rules, their extensive system. In addition to general conflict bindings, there are a large number of special ones (the law of the flag, etc.). Characteristically, the modification of general conflict principles, their transformation into special ones: the law of the port of departure instead of the law of the place where the contract was concluded, the law of the place of collision of ships instead of the law of the commission of an offense, etc. the autonomy of the will and the law of the court will be important conflict principles for international maritime transport.

The process of unification of the MCHMP has been going on for more than a hundred years. At the regional level, the most successful examples of unification would be the Bustamante Code, the Montevideo Merchant Shipping Agreement of 1940 (Latin America) mid-nineteenth in. b ^ 1li the first attempts at a worldwide codification of maritime law were made. Today, a large number of universal, multilateral international agreements are in force in the field of MCHMP: a set of Brussels conventions on international maritime navigation (the Brussels Conventions of 1910 to combine certain rules regarding the collision of ships, regarding the provision of assistance and rescue at sea); Convention on Limitation of Liability for Maritime Claims, 1976, as amended by 1996 protocol; International Convention on Maritime Liens and Mortgages, 1993; UN Convention on International Multimodal Transport of Goods 1980; International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, etc.

The main forms of organization of maritime transportation will be liner (regular) and tramp (irregular). International liner transportation is issued by a bill of lading. A bill of lading is a special receipt certifying the acceptance by the carrier of the cargo for its transportation by sea. The first attempt to determine the international status of a bill of lading was made in the Brussels Convention on the Unification of Certain Rules on Bill of Lading of 1924 (adopted under the auspices of the International Maritime Committee). The Convention entered into force in 1931 under the name of the Hague Rules of 1924. existing sources of unified norms governing property relations in the field of merchant shipping.

The key provisions of the Hague Rules are the ϶ᴛᴏ rules on carrier liability. The rules establish a mandatory minimum of the carrier's liability and at the same time protect his interests: exceptions to the liability rules are provided and the grounds are listed that exempt the ship and the carrier from liability. The Hague Rules are based on the principle of presumption of carrier's fault.

The Hague Rules are dispositive and have a narrow scope. It is worth noting that they contain a limited range of unified rules governing transportation. The problems of cabotage, charter, loading, unloading remained outside the scope of the Rules.

In 1968, the Wisby Rules, an additional protocol to the Brussels Convention of 1924, were adopted. The Wisby Rules extended the scope of the Hague Rules to include their application to any bill of lading. The Rules of 1968 fixed the norms on strengthening the liability of the carrier, on increasing the limits of his liability, increased the negotiability of the bill of lading. In 1979, the Protocol amending the Brussels Convention of 1924 was adopted.

The 1978 UN Convention on the Carriage of Goods by Sea (Hamburg Rules) has a broader scope than the Hague Rules (covering the carriage of animals, deck and dangerous goods). The Hamburg Rules have established an additional 13 mandatory elements of a bill of lading. All provisions of the Rules are mandatory. The principle of the presumption of guilt of the sea carrier, formulated in a general form (not in the form of a list of grounds excluding liability), has been established, the limits of its liability have been expanded. The rules on exemption from liability in case of a navigational error have been excluded from the Hamburg Rules. Compared to the Hague Rules, the limitation period for claims against the carrier has been extended. The Hamburg Rules contain a whole conglomeration of rules on arbitration and jurisdiction: the rule on multiple jurisdiction, the possibility of jurisdiction at the choice of the plaintiff, the rejection of the practice of resolving the issue of jurisdiction on the basis of a prorogation agreement of the parties, the possibility of arbitrating a dispute in the presence of an arbitration clause.

Sea carriage of passengers is regulated by the Athens Convention on the Carriage of Passengers and Their Luggage by Sea, 1974. The Convention defines the concept of international carriage of passengers. The Athens Convention adopted many of the norms of the Brussels Convention - the carrier's liability for damage, the principle of the carrier's presumed fault, the establishment of the limits of his liability and the exemption from liability in case of guilty behavior of the passenger. The burden of proof is on the carrier. The Athens Convention provides for the possibility of increasing the limits of the carrier's liability on the basis of an express written agreement between the passenger and the carrier. The norms of the Convention introduce a new concept of "cabin baggage". Today, the IMO Legal Committee is developing a draft Protocol on financial security to the Athens Convention, which provides for changes in the procedure for calculating the limits of the carrier's liability.

7.6. Relationships associated with the risk of navigation

General average is one of the most ancient institutions of maritime law (VIII century BC). The basis of the ϶ᴛᴏth concept is the definition of general average losses and the idea that expenses incurred reasonably and intentionally for the general salvation of all participants in maritime transportation (t i.e. maritime enterprise), regardless of by whom they were produced, should be distributed among the "ship, cargo and freight" in proportion to the value of the property belonging to each. General average (general average losses) - ϶ᴛᴏ losses incurred by any of the participants in the maritime enterprise due to the release of part of the cargo overboard, etc. and subject to distribution among all participants in the marine enterprise.

The regulation of relations in general average involves the rejection of the application of conflict of laws rules.
It is worth noting that the main role here is played by a private unofficial codification of the uniform customs of merchant shipping and navigation - the York-Antwerp Rules of 1949 on general average (as amended in 1950, 1974 or 1994). , which losses can be considered general accidents and how their distribution is determined.

The application of the York-Antwerp Rules depends on a special agreement between the parties to the contract of carriage. Such an agreement is fixed in the terms of the charter or bill of lading. The parties have the right, on the basis of an agreement, to make changes and additions to the York-Antwerp Rules and apply them in any edition. It is important to know that most of the provisions of national general average laws are of a dispositive nature, which makes it possible to apply the York-Antwerp Rules practically without limit. The legislation of some states provides for the subsidiary application of these rules.

The dispositive nature of national laws will be the basis for the validity of the York-Antwerp Rules for the Interpretation of General Average. Their application excludes the operation of any laws or customs that are contrary to the Rules. The Jackson Clause is an example of a change in the York-Antwerp Rules (the share of general average losses can be charged to the account of the cargo owner even when the cause of general average was a navigational error). The York-Antwerp Rules have a limited scope and regulate far from all issues of general average.

The absence of agreement between the parties on the application of the York-Antwerp Rules constitutes the basis for the determination of general average under national law. In this case, there is a need for conflict regulation. Collision bindings used in general average differ in their content from traditional conflict principles. For example, a special conflict concept has been established “the port at which the ship ends the voyage” - ϶ᴛᴏ port, in which the carriage of cargo by a foreign ship has ceased, because the port will be the port of destination, or due to the fact that the ship was unable to continue transportation and are forced to unload in this port. The law of the port of unloading will be the dominant conflict binding in determining the type of accident and the distribution of general average losses, since there is a close relationship between the content of legal relations in general average and the port of unloading.

General average relations are also regulated at the convention level: for example, according to the Montevideo Agreement on the Law Applicable to International Merchant Shipping, 1940, general average is established and distributed at the port of destination, and if it is not reached, then at the port of discharge. An exception to the ϶ᴛᴏth principle is the application of the national law of the ship, i.e. the law of the flag. It is possible to apply two different national laws to the same legal relationship in general average (Italian law, the Bustamante Code). In world judicial practice, multiple qualifications of the law of the port of unloading cargo after an accident have been adopted: the law of the location of the thing, the law of unjust enrichment, the law of the place of performance of the contract.

Collision of ships and rescue at sea are regulated on the basis of multilateral international agreements. It is important to note that one of the oldest is the ϶ᴛᴏ Brussels International Convention for Combining Certain Rules Regarding Ship Collisions of 1910.
It should be noted that the main content of the Convention is the norms that determine the conditions of property liability for the consequences of a collision of ships. Responsibility is based on the principle of guilt. It is possible to inflict losses on the victims. The Convention introduces the concept of "proportionate degree of guilt". It has been established that in various cases of collision of ships it is extremely important to apply different conflict bindings (the law of the place of collision, the law of the flag, the law of the court, the law of the flag of the injured ship). 1967 to it, expanding the scope of the Convention) contains unified substantive and conflict of laws rules that define actions that are salvage. Collision bindings are the same as in the case of a collision of ships. Provided for the application of the law of the flag of the vessel that provided assistance. The general conflict rule during salvage is the law of the flag of the ship that carried out the salvage.

The institution of limiting the shipowner's liability is a specific institution of maritime law, due to the risk of navigation. The goal is to limit and reasonably distribute the consequences of such a risk. The shipowner has the right to limit his liability to certain limits for all major obligations associated with the implementation of navigation. The Brussels International Convention on the Unification of Certain Rules on the Limitation of the Liability of the Owners of Sea-Going Vessels of 1924 establishes the principle of limiting the liability of the shipowner. At the same time, the International Convention on the Limitation of Liability of Ship Owners of 1957 expands the range of requirements for which the shipowner is not entitled to limit liability. This provision is related to the rules on salvage at sea and compensation for damages in general average.

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Introduction

Transport is one of the most important components of the material base of the economy, it plays an extremely important role in the development of the economy of any state, since, by transporting goods and passengers in accordance with the needs of production, it ensures the normal functioning and development of all its industries, regions and enterprises. . The sale of transport services or their purchase on the world market means the participation of transport in operations of invisible export or import. Unlike the products of other sectors of the national economy, transport products do not have a material form, but are material in nature, since in the process of movement, material resources. AT recent times In connection with the development of integration processes throughout the world, in connection with the strengthening of economic and trade relations, the development of international transportation and, accordingly, the issues of their legal regulation are becoming increasingly important. Thus, the relevance of this topic is obvious. international transportation contract

1. Transportation in private international law

Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods. International transportation is understood as the transportation of goods or passengers between two or more countries. There are the following types of contracts of carriage. 1. Depending on the object, there are: - transportation of passengers; - transportation of goods. 2. Depending on the type of transport carried out, there are: - international road transport; - international rail transportation; - international air transportation; - international shipping. 3. Also distinguish: - transportation of goods by mixed traffic (for example, automobile-water); - transportation of goods in transit through the territory Russian Federation; - The container transporting. Legal regulation of this sphere of legal relations is carried out through international treaties concluded between states. In accordance with Art. 1211 of the Civil Code of the Russian Federation on the territory of Russia, these legal relations are governed by the agreement of the parties. In the absence of this agreement, the contract shall be governed by the law of the country with which the contract is most closely connected. The law of the country with which the contract is most closely connected is considered, unless otherwise follows from the law, the conditions or essence of the contract or the totality of the circumstances of the case, the law of the country where the place of residence or the main place of activity of the party that performs the performance, which is decisive for the content contracts. The contract of international carriage is concluded as follows: the participants in the international carriage conclude a contract of carriage between themselves, according to which the transport organization assumes the obligation to deliver the cargo or passenger to the destination, and the cargo owner or passenger undertakes to reimburse her for the costs incurred. This agreement has a civil law character. The contract of international carriage is the legal basis for the emergence of transportation obligations between the transport organization, on the one hand, and the cargo owner or passenger, on the other. This contract specifies the conditions of carriage established by transport conventions and acts of internal law; is the basis for the property liability of the parties in case of failure by them to fulfill their obligations under international transportation.

The contract of international carriage has its own characteristics: firstly, this agreement it is regulated, first of all, by transport conventions and only in their absence - by acts of internal law; secondly, one of the parties to this agreement is a foreign individual or legal entity; thirdly, during the execution of the contract, the conflict of laws rules of transport conventions or domestic law may be applied (for example, when sending cargo, the law of the country of departure should be guided by the law of the country of destination when issuing cargo). The peculiarity of the contract of international carriage lies in the fact that in the course of its execution the relevant substantive legal norms are applied on the basis of various conflict of laws principles. So, when sending cargo, they are guided by the law of the country of departure, while issuing cargo at the final point - by the law of the country of destination. In other cases, the law of the carrier or the law of the country of the court shall apply. The law applicable to international carriage may be indicated in the transport document issued by the carrier. When carrying out international transportation, the principle of autonomy of the will of the parties is applied. Depending on the transport used, the contract of international carriage is divided into separate types. Accordingly, it is customary to distinguish between railway, road, air and maritime transport contracts. Each of these types of contracts, in turn, is divided into contracts for the carriage of goods and contracts for the carriage of passengers and baggage.

2. Terms of the contract for the international carriage of goods by road

International road transport refers to the transport of goods or passengers between two or more countries by road. The terms of the contract for the international carriage of goods by road between European countries are determined by the Convention on the Contract for the International Carriage of Goods by Road. The Convention defines the basic rights and obligations of the cargo owner and carrier in road transport, the procedure for accepting goods for transportation and issuing it at the destination. The limit of the carrier's liability in case of non-safety of the cargo was also established - 25 gold francs per 1 kg of gross weight. The convention is valid for the Russian Federation. In road transport, it is essential to create guarantees in case of harm to third parties. vehicles- a source of increased danger. This is achieved through the introduction of compulsory civil liability insurance, which is provided for both by domestic legislation and a number of international agreements.

Thus, bilateral agreements on the organization of road transport concluded with a number of countries provide for compulsory civil liability insurance for international road transport. Article 4 The contract of carriage is established by the consignment note. The absence, incorrectness or loss of the consignment note shall not affect the existence or validity of the contract of carriage, to which the provisions of this Convention shall apply in this case as well. Article 5 1. The consignment note shall be drawn up in three originals signed by the sender and the carrier, and these signatures may be printed or replaced by the stamps of the sender and carrier, if this is permitted by the legislation of the country in which the consignment note is drawn up. The first copy of the waybill is handed over to the sender, the second accompanies the goods, and the third remains with the carrier. 2. In the event that the goods to be transported must be loaded on various cars or, when it comes to different kinds of goods or different consignments, the sender or carrier has the right to require the drawing up of such a number of waybills that corresponds to the number of vehicles used or the number of different goods or consignments to be transported.

3. International air transportation. Conditions of air transportation of passengers and cargo

At the moment, one of the main international legal acts in the field of international air transport is the Convention for the unification of certain rules relating to international air transport (Warsaw, October 12, 1929) (as amended and supplemented on September 28, 1955). In the text of this Convention, international air transportation is any transportation in which, according to the definition of the Parties, the place of destination and the place of destination, regardless of whether or not there is a break in transportation or transshipment, are located either on the territory of two High Contracting Parties, or on the territory of one and the other the same High Contracting Party if the stopover is provided for in the territory of another State, even if that State is not a High Contracting Party. Carriage without such a stopover between two places in the territory of the same High Contracting Party shall not be considered international within the meaning of this Convention. Under this Convention, the carrier is liable for damage resulting from death, injury or any other bodily injury suffered by a passenger, if the accident causing the injury occurred on board the aircraft or during any operations during embarkation and disembarkation. The carrier is not liable if he proves that he and the persons appointed by him took all necessary measures to avoid harm, or that it was impossible for them to take them. Any reservation which tends to release the carrier from liability, or otherwise impose a limit of liability less than that set out in the Convention, is null and void and has no effect, but the invalidity of that clause does not entail the invalidity of the contract, which continues to be subject to the provisions of the Convention. conventions. The action must be brought, at the option of the claimant, within the territory of one of the High Contracting Parties, either in the court of the carrier's place of residence, of the head office of his place of business, or of the place where he has an office through which the contract was concluded, or in the court of the place of destination. . The limitation period is 2 years from the date of arrival at the destination or from the date on which the aircraft should have arrived, or from the date the carriage was stopped. The term is calculated according to the law of the country where the claim is brought. Conditions for the air carriage of passengers, baggage and cargo Article 2. 1. Contract for the air carriage of passengers and goods 2. 1. 1 Air transportation of passengers, baggage and cargo is carried out by the Carrier on the basis of the Air Carriage Agreement in compliance with these rules. 2. 1. 2 Under the contract for the carriage of passengers by air, the Carrier is obliged to transport the passenger of the aircraft to the point of destination, providing him with a seat on the aircraft flying along the route indicated on the ticket, and in the case of air carriage of baggage, also to deliver the baggage to the point of destination, and issue it to a passenger or a person authorized to receive baggage. The delivery time for the passenger and baggage is determined by the schedule established by the Carrier and these Rules. The passenger of the aircraft is obliged to pay for air transportation, and if he has baggage in excess of the established free baggage allowance, also pay for the carriage of this baggage. 2. 1. 3 Under the contract for the air carriage of cargo, the Carrier is obliged to deliver the cargo entrusted to him by the consignor to the destination point and issue it to the person authorized to receive the cargo (consignee), and the consignor undertakes to pay for the air transportation of cargo. 2. 1. 4 Each contract of air carriage and its terms are certified by a transportation document issued by the Carrier or an agent authorized by him.

4. International shipping. Regular and linear transportation. Marine charter

Maritime international transport refers to the transport of goods or passengers between two or more countries by sea. In the absence of an agreement between the parties on the applicable law on the basis of Art. 418 of the Code of Merchant Shipping of the Russian Federation, the legal relationship is governed by the law of the country in which the party is established or has a place of residence, which is: - the carrier - in the contract of carriage by sea; - by the shipowner - in the contract of maritime agency, time charter and bareboat charter; - by the owner of the towing vessel - in the towing contract; - by the principal - in the contract of maritime mediation; - by the insurer - in the contract of marine insurance. International liner transportation is issued by a bill of lading. A bill of lading is a special receipt certifying the acceptance by the carrier of cargo for its transportation by sea. These rules are one of the main existing sources of unified norms governing property relations in the field of merchant shipping. Liner transport means transport services which are offered to the public by means of publication or in a similar manner and include transport by ships sailing on a regular schedule between specified ports in accordance with publicly available voyage schedules. (Article 1 of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) Scheduled carriage is carriage carried out on the basis of a contract of carriage. Linear shipping, by organizing the movement of vessels assigned to the line, according to the schedule, serves stable cargo and passenger flows, and thereby provides international trade with the possibility of regular transportation of goods in the main geographical areas); transport directions. The price of carriage in liner shipping is more stable than in tramp shipping and is a system of freight rates and charges for other transport services received by customers. Liner shipping has acquired two different forms of service: regular and urgent. Regular - provides transportation of general, piece cargo in a conventional way, urgent - in containers with transshipment of goods to vehicles of other transport sectors through specialized container terminals. Charter - an agreement between the shipowner and the charterer for the lease of a vessel or part of it for a specific voyage or period. The concept of chartering a vessel is divided into chartering for a voyage, a voyage charter (contract for the carriage of goods), or chartering for a while (time charter) - which in turn is a contract for the property lease of a vessel. In accordance with Article 787 of the Civil Code of the Russian Federation, under a charter agreement (charter), one party (the charterer) undertakes to provide the other party (the charterer) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of cargo, passengers and baggage .

5. International rail transport

International rail transport is the transport of goods or passengers between two or more countries by rail. The regulation of these transportations is carried out through the conclusion of international agreements. Rail transportation in the absence of an international transport agreement is not international, but has a national legal character. Such transportation is divided into several stages and formalized by several contracts of carriage: following to the border station - according to the law of the state of the place of departure, after crossing the border - according to the national law of the relevant foreign state, etc. Carriage charges calculated 1) for transportation by railways of departure -- from the sender at the station of departure or in accordance with the internal rules in force on the railways of departure; 2) for carriage by railways of destination - from the consignee at the station of destination or in accordance with the internal regulations in force on the railways of destination; 3) for transportation by transit railways - from the sender at the station of departure or from the recipient at the station of destination. When transporting through several transit railways, payment for transportation on one or more transit railways by the sender, and on the remaining roads - by the recipient, is allowed. The specified procedure for payment of carriage charges is possible if there are relevant agreements between the railways; 4) for transportation by transit railways - from the sender or recipient through the payer (forwarding organization, freight agent, etc.), which has an agreement with each transit railway for payment of carriage charges. The railway bears property liability for the non-safety of the cargo after accepting it for transportation and before issuing it to the consignee, unless it proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the railway could not prevent and the elimination of which did not depend on it , in particular due to: reasons depending on the consignor or consignee; special natural properties of the transported cargo; deficiencies in containers or packaging that could not be noticed during an external examination of the cargo when receiving cargo for transportation, or the use of containers, packaging that does not correspond to the properties of the cargo or established standards, in the absence of signs of damage to the container, packaging in transit; delivery for the carriage of goods, the humidity of which exceeds the established norm. Article 111. For delay in the delivery of cargo, pay a penalty in the amount of nine percent of the payment for the transportation of cargo for each day of delay (incomplete days are considered full), but not more than in the amount of the payment for the transportation of this cargo, unless he proves that the delay occurred as a result of the circumstances provided for in Article 35 of this Charter, the elimination of a malfunction of vehicles threatening the life and health of people or other circumstances beyond the control of the railway. Article 112. Cargo is considered lost if this cargo is not issued to the consignee at his request after 30 days from the date of expiration of the delivery period or after 4 months from the date of acceptance of the cargo for transportation in direct mixed traffic. If the goods arrived after the expiration of the periods specified in this article, the consignee may receive it subject to return railway the amount received for the loss of cargo, in the manner prescribed by this Charter.

A Russian citizen and a citizen of the Netherlands applied to the registry office on the territory of the Russian Federation with a request to register their marriage. The Russian citizen was not previously married, and the Dutch citizen was previously divorced due to adultery.

Are there barriers to registering a marriage?

When marriage is concluded in Russia between a Russian citizen and a citizen of the Netherlands, the articles of the Family Code of the Russian Federation on the conditions for concluding a marriage will apply to the groom, and the articles of the Family Code of the Netherlands and the articles of the Family Code of the Russian Federation will apply to the bride, i.e. the registry office will have to make sure that the bride is not in another registered marriage, is capable, etc. P 2. Article 156 of the RF IC. There are no such obstacles in the family code of the Russian Federation, which means that marriage will be concluded if there are no other obstacles.

Conclusion

International transportation is understood as the transportation of goods and passengers between two or more states, carried out on the terms established by international agreements concluded by these states.

Currently, the main source of legal regulation of international transportation of goods, passengers and their luggage are international agreements. Many of them cover all or several modes of transport. For example, such is the UN Convention on International Multimodal Transport of Goods of 1980.

In addition to international agreements in the process of regulating international transportation, domestic acts play an important role. Each type of transport has its own characteristics and is strictly regulated by international laws.

Bibliography

1. Civil Code of the Russian Federation. Part three of the Civil Code of the Russian Federation of November 26, 2001 N 146-FZ (as amended on 28. 12. 13)

2. Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ // Collection of Legislation of the Russian Federation dated January 1, 1996 No. 1 Art. 16.

3. United Nations Convention on International Multimodal Transport of Goods (Geneva, May 24, 1980) // Law, 2000, No. 6.

4. The Athens Convention on the Carriage of Passengers and Their Luggage by Sea, 1974 (Athens, December 13, 1974) // Multilateral International Agreements on Maritime Transport, M., 1983, p.111.

5. Convention for the unification of certain rules for international air transportation (Montreal, May 28, 1999) // Moscow Journal of International Law, 2001, N 1.

6. United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg, March 1, 1978) // Law, 2000, No. 6.

7. Convention on International Civil Aviation (Chicago, December 7, 1944) (as amended and supplemented on May 27, 1947, June 14, 1954, September 15, 21, 1962, March 12, June 7, 1971 October 16, 1974, October 6, 1980, May 10, 1984)

8. Convention for the unification of certain rules relating to international air transportation (Warsaw, October 12, 1929) (as amended and supplemented) // Law, 2000, No. 6.

9. Convention for the unification of certain rules for international air transportation (Montreal, May 28, 1999) // Moscow Journal of International Law, 2001, N 1.

10. Convention on the Contract for the International Carriage of Goods (CMR) (Geneva, May 19, 1956) // Law, 2000, No. 6.

11. Agreement on International Rail Freight Traffic

13. Agreement on International Direct Mixed Railway-Water Freight Traffic (MZHVS) (Sofia, December 14, 1959)

14. Air Code of the Russian Federation

16. Federal Law of January 10, 2003 N 18-FZ "Charter of Railway Transport of the Russian Federation" (as amended and supplemented) // Russian newspaper, 2003, January 18.

17. Federal Law of July 24, 1998 N 127-FZ "On state control over the implementation of international road transport and on liability for violation of the procedure for their implementation" (as amended and supplemented) // Rossiyskaya Gazeta, 1998, August 4.

18. Boguslavsky M.M. Private International Law: Textbook. - 3rd ed., revised and additional. - M.: Yurist, 1999. - 408 p.

19. International private law textbook. / L.P. Anufrieva, K.A. Bekyashev, G.K. Dmitrieva and others, responsible. ed. GK. Dmitrieva. - 2nd ed., revised and additional. - M.: TK Velby, Prospekt Publishing House, 2008. - 688 p.

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The main document regulating the use of international and national airspace is the Chicago Convention on International Civil Aviation of 1944. The Convention established the general rules for the operation of civil aviation in the implementation of international communications; categories of international flights (regular and non-scheduled); defined the concept of international flights and air routes. Regular flights of aircraft engaged in international flights are carried out along air routes, the passage of which is stipulated in international agreements on air traffic.

In the national legislation on PIL, a direct reference is made to the norms of the Chicago Convention: "The regime of property rights in relation to airplanes and other aircraft included in national registry, as defined in Article 17 of the Chicago Convention on International Civil Aviation of December 7, 1944, are governed by the laws of the state in which the aircraft is registered" (Article 127.3 Book 10 of the Civil Code of the Netherlands).

The main goal of the Chicago Convention is the legal regulation of international air communications and commercial activities. The Convention enshrines the list of commercial freedoms of the air. The International Civil Aviation Organization (ICAO) was created on the basis of the Convention. Within the framework of ICAO, international aviation regulations are being developed.

International air transportation of goods - transportation, in which the place of departure and destination are located either on the territory of two states, or on the territory of one state, but stops are provided on the territory of another state. The main forms of organizing the transportation of goods by air:

• 1) mixed cargo (passenger-freight) transportation;
• 2) special freight (separate freight) transportation. Mixed cargo (passenger-cargo) transportation is divided into transportation of goods in special cargo compartments of passenger aircraft and in convertible cargo-passenger aircraft. The most urgent and valuable cargoes are transported in the cargo compartments of passenger aircraft. Cargo transportation in convertible aircraft is carried out on aircraft, the cabin of which is adapted both for the carriage of passengers and for the carriage of goods. The cabin can be completely re-equipped - for only one category of transportation (cargo) - or partially (half of the aircraft is allocated for cargo transportation, the other half for passenger transportation).

Transportation of goods on specially equipped aircraft is carried out by regular and charter cargo flights.

Regular flights - these are flights operated in accordance with the published schedule on the contracted airlines. Carriage of goods by regular cargo flights is carried out by special cargo airlines. Transportation on cargo airlines is regulated by intergovernmental agreements on air traffic and commercial agreements between airlines operating contractual airlines.

The performance of regular flights on international air lines can be carried out on the basis of intergovernmental agreements on air traffic. For convenience of classification, contractual lines are usually divided into "freedoms of air":

• 1) the right to carry out a transit flight without landing in the territory of the state granting this right;
• 2) the right to fly over a foreign territory with a stopover in this territory for non-commercial purposes (for refueling, repairs, Maintenance etc.) without the right to unload or take on board passengers, mail, cargo;
• 3) the right to disembark passengers in a foreign territory and unload mail and cargo taken on board an aircraft in the territory of the state whose nationality the aircraft has;
• 4) the right to receive on foreign territory passengers traveling to the territory of the state whose nationality the aircraft has, as well as mail and cargo addressed there;
• 5) the right to receive in a foreign territory passengers traveling to the territory of any third state, as well as mail and cargo addressed there, and the right to disembark passengers and unload mail and cargo coming from any such territory;
• 6) the right to transport passengers, mail and cargo between third countries through its territory;
• 7) the right to transport passengers, mail and cargo between third countries, bypassing the territory of the state whose nationality the aircraft has.

The main role in the legal regulation of commercial air services is played by bilateral agreements on air transport. Such agreements are concluded according to the models contained in the model drafts - the Chicago Convention of 1944 and the Strasbourg Convention of 1959. Most of the transport agreements are agreements of the Chicago type. The final act of the Chicago Convention contains a standard form of bilateral agreements on the exchange of commercial rights in the regulation of international air services (Chicago Standard Form).

Charter flights - these are flights performed for the carriage of goods in accordance with a special contract between the carrier and the customer. Each charter flight is carried out with the special permission of the competent authorities of the respective country. Charter flights entered the practice of world airlines in the early 1960s.

In accordance with the terms of the contract, the customer charters the capacity of the aircraft for certain sections of transportation and under certain conditions. The contract can be concluded both for individual flights (one-time transportation of goods), and for a series of flights for the purpose of transportation ("charter chain"). The contract may also provide for a time charter.

The Geneva Convention on the International Recognition of Rights to Aircraft (1948) is aimed at ensuring the rights of persons and organizations that have provided credit for the acquisition of aircraft. The main content of the Convention is the rules on the recognition of liens on aircraft, on the procedure for the sale of a vessel in pursuance of a court decision in order to satisfy the rights of a creditor. In modern PIL codifications, a reference to this Convention is fixed: "Rights over aircraft, as they are defined in the Geneva Convention on the International Recognition of Rights over Aircraft of June 19, 1948, are recognized on the conditions and give rise to the consequences specified in this Convention" (Art. 165.1 book 10 Civil Code of the Netherlands).

The Convention for the Unification of Rules on Enforcement Measures in Respect of Aircraft (1933) refers to such measures as decisions of a court or a government body that allow the aircraft to be detained if the decision to apply these measures was not made in the ordinary course of justice.

The Rome Convention on Compensation for Damage Caused by Foreign Aircraft to Third Parties on the Surface of the Earth (1952) determines that liability arises regardless of the fault of the owner of the aircraft. Indemnifications: the injury is the result of an armed conflict or civil unrest; the owner of the aircraft could not use it on the basis of an act of public authority; the guilt of the victim.

The Warsaw Convention for the Unification of Certain Rules for International Carriage by Air (1929) is the basis for the legal regulation of international air transportation. Agreements supplementing the Warsaw Convention: Hague Protocol (1955) (an integral part of the Warsaw Convention), Guatemalan Protocol amending the Warsaw Convention (1971), Guadalajara Convention for the Unification of Certain Rules Relating to International Carriage by Air (1961), Montreal Protocols (1975) , Montreal Interim Airline Agreement (1966), Malta Interim Airline Agreement (1974). These documents constitute the "Warsaw Air Treaty System".

The Warsaw Convention of 1929 defines international air transportation as a transportation in which at least one of the landing points is located on the territory of another state. Scope of the Warsaw Convention: transportation of goods, passengers, baggage, combined transportation. The Convention does not apply to air transportation between member states and states not participating in it; does not apply to mail shipments. The document certifying the conclusion of a contract of carriage is an air waybill introduced by the Warsaw Convention.

The Warsaw Convention applies to air transport:

• 1. The place of departure and the place of destination, irrespective of any interruption in carriage, are located on the territory of two States Parties to the Convention.
• 2. The place of departure and the place of destination are located in the territory of one state party to the Convention, but the stopover is provided for in the territory of another state, possibly not a party to the Convention.

In international air traffic, transportation is used that is carried out successively by several carriers.

From the point of view of the Warsaw Convention, such transportation is considered as a single one, regardless of how it is framed - by one or more contracts. In multimodal transport, the provisions of the Warsaw Convention shall apply only to the air part of the transport. By agreement of the parties, conditions relating to other types of transportation can be included in the air transportation document.

The Warsaw Convention establishes the rule of plurality of jurisdiction (alternative international jurisdiction): a claim can be filed at the choice of the plaintiff in the competent court of any State Party; to the court at the place of residence of the carrier; at the location of the main department of his enterprise; at the location of the office that concluded the contract of carriage; to the court of destination. This norm has an imperative character - all agreements that change the rules on jurisdiction established in the Convention are invalid.

Exceptions: by virtue of a special agreement between the carrier and the passenger, the maximum amount of the carrier's liability may be increased; when transporting goods, an arbitration agreement may be concluded within the limits of the territorial competence of the courts established by the Convention. The Guatemalan Protocol of 1971 supplements the rules of jurisdiction for passenger aircraft: a claim can be brought at the passenger's place of residence if the carrier has its establishment there.

The provisions of the Warsaw Convention on Carrier Liability, developed during the early days of civil aviation, are outdated, and most of the subsequent agreements of the Warsaw Treaty System are aimed at increasing its limits. The first increase in the carrier's liability limit is enshrined in the Hague Protocol of 1955 - two times higher than that established in the Warsaw Convention. Leading air carriers signed the Montreal Agreement (1966) to increase the limits of their liability for transportation to the United States, from the United States or through the United States. This agreement served as an impetus for the signing of the 1974 Malta Agreement by the leading European air carriers, by virtue of which the carrier's liability limit was increased to 100,000 SDRs in respect of not only American, but also other transportation. These agreements replaced the principle of liability for fault with objective (absolute) liability. The carrier is not entitled to refer to the circumstances that are the basis for his release from liability in accordance with the Warsaw Convention.

Guatemalan Protocol of 1971: the air carrier is liable regardless of fault (liability is excluded if the damage is caused by the passenger's state of health or his fault); the carrier's limit of liability has been increased by six times compared to the Hague Protocol of 1955. National legislation may establish additional compensation for passengers in case of harm to their health. The Guatemalan Protocol changed the provisions of the Warsaw Convention on Passenger Tickets and Conditions for the Carriage of Baggage.

In 1999, within the framework of the ICAO Legal Committee, the Montreal Convention was adopted to unify certain rules for international air transport. The Montreal Convention applies to all international carriage of passengers, baggage or cargo carried out for reward by means of an aircraft. International carriage by air is any carriage in which the place of departure and the place of destination, whether or not there is a break in carriage or transshipment, are located either on the territory of two Member States or on the territory of the same Member State, if an agreed stop is provided for in the territory of another State, even if that State is not a State Party. The Montreal Convention applies to air transport performed by the state or other legal entities of public law.

In accordance with the Montreal Convention, the carrier is liable for causing harm to the life and health of a passenger, for the loss or damage to checked baggage on the principle of objective and guilty liability; for loss or damage to cargo, as well as unchecked baggage - on the principle of guilty liability. The fault of the carrier is presumed until he proves that the unfavorable consequences were caused by hostilities, armed conflict, acts of authorities state power, improper packaging of the cargo, inherent quality defects of the cargo. The carrier shall be released from liability if it proves that damage to the life and health of the passenger, loss or damage to baggage or cargo were caused by the negligence, wrong actions or inaction of the person claiming compensation.

The Montreal Convention provides for a plurality of jurisdiction (competitive jurisdiction) for claims against carriers brought before state courts. A mandatory claim procedure for settling disputes between the recipient of cargo or baggage and the carrier has been established. The limitation period is set at two years from the moment the aircraft arrives at its destination. The Montreal Convention provides for the possibility of submitting a dispute for resolution to arbitration on the basis of an arbitration agreement of the parties, but only in relation to a contract for the carriage of goods.

The Warsaw and Montreal conventions apply to international traffic carried out within the framework of scheduled and non-scheduled international air services. Both conventions apply to carriage carried out by several successive carriers if it is regarded by them as a single carriage. They are equally valid for multimodal transport carried out by air, rail, road, sea and river transport.

The specific nature of air traffic creates difficulties in determining the applicable law and establishing jurisdiction. Basically, these issues are regulated by the unified substantive norms of international conventions. However, it is not uncommon for there to be a conflict of interest:

• 1) when the carriage is related to a state that is not party to the Warsaw or Montreal conventions;
• 2) if issues arise that are not regulated in the Warsaw and Montreal conventions;
• 3) if the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict bindings for air traffic, therefore, general conflict principles apply: the law of the carrier, the law of the court, the law of the flag. The law of the carrier in the law of international air transportation is traditionally understood - this is the law with which air traffic has the closest connection (the location of the party whose performance characterizes the contract of carriage). The law of the place of conclusion of the contract is understood as the law of the country where the first leg of the flight was started. The legal regulation of air transportation was greatly influenced by maritime law - the law of the flag of the aircraft and the law of the state of its registration are applied.

In certain national PIL codifications, a special conflict-of-law regulation of the status of aircraft, property rights to aircraft and air transportation contracts is fixed (Articles 139-144 of the PIL Law of Romania). The provisions of national law relating to flight routes and their safety in the airspace of a given State apply to all aircraft, regardless of their registration status, to the crew and passengers on board.

The law of the State of the aircraft's place of registration shall apply to legal facts and acts performed on board the aircraft if, by their very nature, they are governed by the law of the place where they are performed. At airports, local law applies.

The law of the state where the aircraft is registered governs:

• 1) powers, competence and duties of the aircraft commander;
• 2) a contract for hiring the ship's crew, unless the parties have chosen another law;
• 3) the responsibility of the air transport enterprise for the actions and deeds of the captain and crew commander.

Real and security rights to an aircraft, forms of registration of acts on the basis of which these rights arise, are transferred or terminated.

Damage caused by an aircraft on the surface of the earth is governed by the law of the state in whose territory such damage was caused. On the high seas and within any other area not subject to sovereignty, liability for collision is governed by the law common to aircraft and, if they are of different nationalities, by the law of the damaged vessel.

The norms of the Air Code of the Russian Federation take into account the main provisions of the Warsaw Convention of 1929. The Code defines the concept of international air transportation; the rights and obligations of the carrier, his liability; liability of the aircraft owner; compulsory third party liability insurance; sums insured. The grounds for termination of the contract for the carriage of goods and passengers by air at the initiative of the carrier are listed in detail.