Standard contract for the carriage of goods. Contract for the carriage of goods by road Contract of carriage template

Contract for the carriage of goods is between two parties: the sender and the carrier. The third party (recipient) does not formally participate in this agreement.

According to the terms of the contract for the carriage of goods, the first party - the carrier - undertakes to accept from the second party - the sender - any cargo and deliver it to the recipient. The sender is obliged to pay for the services of the carrier in accordance with the set tariffs.

The relations of the first and second parties are confirmed by the issuance of an appropriate invoice to the sender.

Thus, under the contract for the carriage of goods, the carrier assumes the obligation to deliver the goods entrusted to him to the final destination and hand over the goods to the person (recipient) authorized to receive the goods, and the sender must pay the fee established by the contract of carriage for the carriage of goods.

Legal basis of the contract for the carriage of goods

General provisions on transportation are enshrined in Chapter 40 of the Civil Code of the Russian Federation.

These are unified norms that apply to all types of transport, namely:

railway transport;

maritime transport;

air transport;

road transport;

inland water transport.

More specifically, the general conditions of transportation by these modes of transport are fixed by transport legislation, which includes transport charters and codes, other laws, as well as rules issued in accordance with them (see paragraph 2 of article 784 of the Civil Code of the Russian Federation).

The following main transport laws are currently in force:

Charter of motor transport of the RSFSR, approved by the Decree of the Council of Ministers of the RSFSR of 08.01.1969 No. 125 (hereinafter referred to as UAT);

Charter of the railway transport of the Russian Federation dated 10.01.2003 No. 18-FZ (hereinafter referred to as UZhT);

Air Code of the Russian Federation of March 19, 1997 No. 60-FZ (hereinafter referred to as VK);

Code of Inland Water Transport of the Russian Federation of 07.03.2001 No. 24-FZ (hereinafter referred to as KVVT);

Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ (hereinafter referred to as KTM).

Relations in the field of transportation are also regulated by other laws: for example, the Federal Law “On Railway Transport in the Russian Federation” dated January 10, 2003 No. 17-FZ.

Transportation relations are also regulated by the rules issued by the Government of the Russian Federation and the relevant transport departments in accordance with transport charters and codes, and other laws.

The legal essence of the contract for the carriage of goods

The contract for the carriage of goods governs the legal relationship for the delivery to the destination of a specific cargo actually transferred (entrusted) to the carrier, therefore it is often called a contract for the carriage of a specific cargo (a specific consignment of cargo).

At its core, the contract for the carriage of goods is a onerous contract and a mutual contract.

This is a real contract, since the contract is considered concluded from the moment the baggage is handed over for transportation.

When transporting goods by public transport, it is considered that the concluded contract is a public contract.

Thus, by its legal nature, the contract for the carriage of goods:

is a real contract (i.e. gives rise to civil rights and obligations from the moment the thing is actually transferred);

is a paid contract (a fee for transportation is charged under the contract);

is a bilateral agreement (because it generates obligations for both parties);

is in favor of a third party - the consignee (when it does not match the consignor).

Essential terms of the contract for the carriage of goods

An essential condition of the contract for the carriage of goods is the condition of its subject.

Subject of the contract for the carriage of goods

The subject of the contract for the carriage of goods is the provision of services for the movement of goods to the final destination using one or another mode of transport.

In addition to services for the movement of cargo, the carrier may also provide related services, such as loading and unloading cargo, storage of cargo and other services.

The term of the contract for the carriage of goods

The period specified in the contract for the carriage of goods is the time during which the goods must be delivered to the final destination.

In this case, the carrier is obliged to deliver the goods to the destination within the time limits established:

transport charters and codes;

in the absence of such deadlines, within a reasonable time.

Parties to the agreement

The parties to the contract for the carriage of goods are the carrier and the consignor.

Any capable subjects of civil law can be senders of goods, there are no special requirements for them.

Only commercial legal entities or individual entrepreneurs who have a license to carry out cargo transportation can act as carriers.

The price of the contract for the carriage of goods

The price in the contract of carriage is equal to the payment for the carriage of goods.

The payment for transportation by public transport is prescribed in the contract in accordance with the tariffs, which are approved by state executive authorities or local governments. In other cases, the payment for the carriage of goods is established by agreement of the parties, unless otherwise provided by the current legislation or other regulatory legal acts.

Form of contract for the carriage of goods

A written form is provided for the contract for the carriage of goods.

When concluding a contract for the carriage of goods, a waybill (or other document for the goods provided for by the relevant transport charter or code) is drawn up and issued to the sender of the goods.

The waybill is a shipping document. This waybill is proof of the conclusion of the contract of carriage. The waybill is drawn up by the consignor, accompanies the cargo along the entire route and is issued to the consignee at the destination station along with the cargo. The sender is issued a freight receipt.

A bill of lading is a document of title. The bill of lading refers to a security that certifies real rights: the right of the holder (or the person indicated in the bill of lading) to receive the cargo indicated in it after carriage by sea. The bill of lading must contain the mandatory details provided for by the Merchant Shipping Code of the Russian Federation.

Types of contract for the carriage of goods

Freight transportation contracts are subdivided by means of transport, respectively, into contracts:

road transport;

railway transportation;

air transportation;

inland water transport

sea transportation.

Accounting

According to paragraph 2 of the Accounting Regulation "Expenses of the organization" (PBU 10/99) (approved by Order of the Ministry of Finance of Russia dated 06.05.1999 N 33n), the organization's expenses are recognized as a decrease in economic benefits as a result of the disposal of assets (cash, other property) and (or ) the emergence of obligations, leading to a decrease in the capital of this organization, with the exception of a decrease in contributions by decision of the participants (property owners).

For accounting purposes, the amounts paid in accordance with the contract of carriage are recognized as expenses of the customer (client).

The procedure for reflecting these costs in accounting, as well as in tax accounting, will depend on what the transported cargo is for the customer (client).

If the cost of services (excluding VAT) provided under the contract of carriage is associated with the acquisition of property (registered as an asset in accordance with the current RAS), then the cost of services will form the cost of this property (paragraphs 2, 3, clause 23 of the Regulation on accounting and financial reporting in the Russian Federation, approved by Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n).

If the customer (client) uses the services of a carrier to deliver products (goods) to the buyer, then the costs in the form of the cost of services are recognized in the accounting of the customer (client) as expenses for ordinary activities (clause 5 PBU 10/99). Such expenses are reflected on account 44 "Sale costs".

Expenses are recognized on the date of execution of the contract of carriage for the carriage of goods of the organization (on the date of signing the primary document confirming the fact of the provision of services).

If the preparation of the primary document is not provided, expenses are recognized on the date of delivery of the goods to the carrier (clauses 16, 18 PBU 10/99).

Corporate income tax

The cost of goods provided under the contract for the carriage of goods (net of VAT) associated with the acquisition of property is taken into account depending on the type of property acquired in the following order.

If services are associated with the acquisition (creation) of depreciable property, then the cost of services is not taken into account as part of current expenses, but is included in the initial cost of depreciable property (clause 5, article 270, paragraph 2, clause 1, article 257 of the Tax Code of the Russian Federation).

If the services in question are related to the acquisition of inventories (IPZ) included in material costs, then the cost of services is included in the cost of such IPZ (clause 2, article 254 of the Tax Code of the Russian Federation).

If services are associated with the purchase of goods for resale, then the cost of services may form the cost of purchased goods, if such a procedure for forming the cost of goods is provided for by the accounting policy for tax purposes (paragraph 2 of article 320 of the Tax Code of the Russian Federation).

In tax accounting, the cost of purchasing goods is determined in accordance with the accounting policy of the organization (paragraph 2 of article 320 of the Tax Code of the Russian Federation).

At the same time, Article 320 of the Tax Code of the Russian Federation allows both the inclusion of delivery costs in the cost of purchasing goods, and their accounting as distribution costs (depending on what procedure is established by the accounting policy of the organization).

Regardless of the provisions of the accounting policy, transportation costs are direct costs and are taken into account as the goods are sold.

The cost of delivering the goods sold to the buyer will reduce the income from the sale of these goods (subclause 3, clause 1, article 268 of the Tax Code of the Russian Federation).

value added tax

The taxpayer has the right to deduct the VAT presented when purchasing goods (works, services), property rights, provided that these goods (works, services), property rights were acquired for the implementation of activities subject to VAT, after the acceptance of these goods (works, services) , property rights for accounting and in the presence of properly executed primary documents and invoices (subclause 1 clause 2 article 171 and clause 1 article 172 of the Tax Code of the Russian Federation).

If there is a properly executed invoice and a primary document confirming the fact of the provision of transport services (this can be an act on the provision of services, a report or a universal transfer document), and also provided that the transport services were purchased by the customer (client) for the implementation of taxable VAT activities, VAT presented by the freight forwarder on the amount of his remuneration, the customer (client) has the right to deduct:

Accepted for VAT.

Results

The contract for the carriage of goods occupies a dominant position in the system of transport contracts, is a kind of basic contract, since it is he who performs the main tasks associated with the movement of material assets, contributes to the fulfillment of obligations for the delivery of products to the consumer.

Still have questions about accounting and taxes? Ask them on the accounting forum.

Contract for the carriage of goods: details for an accountant

Freight forwarding agreement for transportation in Russia: paperwork and accounting
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785 of the Civil Code of the Russian Federation, under a contract for the carriage of goods, the carrier undertakes to deliver the entrusted ... cargo for a fixed fee. The conclusion of a contract for the carriage of goods is confirmed by the drawing up and issuance of ..., cannot be the subject of a contract for the carriage of goods within the meaning of Art. 785 ... road transport, on the basis of contracts for the carriage of goods. The relationship of the parties on such ... a mandatory shipping document confirming the conclusion of a contract for the carriage of goods. Interested in issuing a bill of lading...

in a person acting on the basis of , hereinafter referred to as " Carrier”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Sender”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to it by the Sender in the amount of , hereinafter referred to as the “Cargo”, to the following destination: , to issue the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of the cargo.

1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).

1.3. The shipping fee is Rs.

1.4. Cargo transportation is paid in the following terms and in the following order: .

1.5. The carrier is obliged to deliver the goods to the destination within the time period specified by the transport charters and codes, or within a reasonable time.

1.6. Works and services performed by the Carrier at the request of the Sender and not provided for in this contract shall be paid by the Sender upon additional agreement of the parties.

1.7. The carrier has the right to retain the cargo transferred to him for transportation in security of the carriage due to him and other payments for the carriage.

2. SUPPLY OF VEHICLES. LOADING AND UNLOADING OF CARGO

2.1. The Carrier is obliged to provide the Shipper of the cargo for loading with serviceable vehicles in a condition suitable for the carriage of cargo within the following period: .

2.2. The sender has the right to refuse submitted vehicles that are not suitable for the carriage of goods.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following terms and in the following order: as well as in compliance with the provisions established by transport charters, codes and rules.

3. RESPONSIBILITY OF THE PARTIES FOR BREACH OF CARRIAGE OBLIGATIONS

3.1. In case of non-performance or improper performance of transportation obligations, the Parties shall be liable under the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the Parties: .

3.2. Agreements of the Parties on the limitation or elimination of the Carrier's statutory liability are invalid, except in cases where the possibility of such agreements in the carriage of goods is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the carriage of goods within the period specified in clause 2.1. of this agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for the failure to present the cargo or non-use of the submitted vehicles: .

3.4. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to:

force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military operations;
termination or restriction of the carriage of goods in certain directions, established in the manner prescribed;
in other cases provided for.

4. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE TO CARGO

4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before it was released to the Recipient, unless he proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.

4.2. Damage caused during the carriage of goods shall be compensated by the Carrier in the following amount:

in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

The value of the goods is determined on the basis of its price indicated in the Seller's invoice, and in the absence of an invoice - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for the established damage caused by the loss, shortage or damage to the cargo, returns to the Sender the carriage fee charged for the transportation of the lost, missing, spoiled or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.

4.4. Documents on the reasons for the non-safety of the cargo (commercial act, act of a general form, etc.), drawn up by the Carrier unilaterally, are subject to evaluation by the court in case of a dispute, along with other documents certifying the circumstances that may serve as the basis for the liability of the Carrier, the Sender or the Recipient cargo.

5. FINAL PROVISIONS

5.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed.

5.2. In everything else not regulated by this agreement, the provisions of the Civil Code of the Russian Federation will apply.

Contract for the provision of transport services

201__ St. Petersburg

Sole proprietor Maxim Nikitin, acting on the basis of a certificate of state registration of an individual as an individual entrepreneur, series 78 No. 006959304, issued by the MINFS No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as "Executor", on the one hand and _______________________________ _____________________________________ , hereinafter referred to as "Customer", represented by ________________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:

Subject of the contract.

In accordance with this Agreement Executor undertakes to carry out cargo transportation on its own transport, as well as loading and unloading operations on behalf of Customer, a Customer undertakes to pay for the provided transport services in the manner and within the time limits stipulated by the Agreement.

Rights and obligations of the parties.

2.1. Rights and obligations Customer:

2.1.1. Customer undertakes to provide in advance Contractor complete information for the provision of this type of service.

2.1.2. Customer undertakes to promptly pay the rendered Contractor transport services.

2.1.3. Customer has the right to control the progress of work.

2.2. Rights and obligations Artist:

2.2.1Executor undertakes to carry the goods Customer to carry out loading and unloading operations.

3.Cost of services and payment procedure.

3.1. The cost of services under this Agreement is _______________________________________

Rubles __________________ kopecks (without VAT tax) .

3.2. Payment for the services rendered is carried out on the basis of the current Agreement, while Executor reserves the right to change the cost of services, depending on changes in prices in the transport services market. New tariff plan provided Customer in a notification manner.

3.3. Payment for services CustomerContractor performed before/during/after completion of work.

4. Responsibility of the parties.

4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

4.2. Customer responsible for late payment of rendered Contractor services in the amount 1% for each day of delay.

4.3. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if it is a consequence of force majeure circumstances. The term for the performance of contractual obligations is automatically extended for the period of these circumstances. At the end of the force majeure circumstances, the parties restore relations until the full fulfillment of their obligations under this Agreement.

4.4. The Party for which the impossibility of fulfilling obligations under the Agreement has arisen is obliged to immediately notify the other Party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them as the reason for non-fulfillment of the terms of this Agreement.

5. Duration of the contract.

5.1. The contract is valid from the moment of signing until the completion of work, payment of the invoice and signing by the parties of the certificate of completion.

5.2. If neither party terminates the contract before the expiration date, the contract is renewed.

5.3. Customer the right to terminate the contract unilaterally after the completion of all settlements with Contractor.

5.4.Executor the right to terminate the contract unilaterally in case of late payment Customer rendered services.

5.5. Executor the right to terminate the contract unilaterally with notice Customer per 10 (ten) days.

6. Details and signatures of the parties.

____________________/ Nikitin M.V../ ____________________/____________________/

The form of the document “Contract for the carriage of goods” refers to the heading “Contract for the carriage, transport expedition”. Save a link to the document on social networks or download it to your computer.

CONTRACT
cargo transportation
__________________ "____"_____________________
____________________________________________________________________________,
(name of company)
hereinafter referred to as the "Carrier", represented by ________________________________________________________________________________,

and __________________________________________________________________________,
(name of company)
hereinafter referred to as the "Sender", represented by ____________________________________,
(surname, initials, position)
acting on the basis ____________________________________________________,
(charter, regulations, powers of attorney)
have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender __________________________________________________________
(cargo transfer)
in the amount of ____________________, hereinafter referred to as the cargo, to the following destination: _________________________, to issue the Cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of the cargo.
1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).
1.3. The shipping fee is _______________________________________________.
(in words)
1.4. Carriage of cargo is paid in the following terms and in the following order: _______________________________________.

2. OBLIGATIONS OF THE PARTIES

2.1. The sender must:
2.1.1. Transfer the above cargo to the Recipient within the time agreed by both parties.
2.1.2. Pay for the carriage of goods, for works and services performed by the Carrier at the request of the Sender, within the terms agreed in this agreement.
2.1.3. Pay, by additional agreement of the parties, for services not provided for by this agreement, performed by the Carrier at the request of the Sender.
2.1.4. Submit an application to the Carrier for the carriage of goods in the prescribed form on time _____________________________________.
2.1.5. Issue to the Carrier a bill of lading (another document for the cargo).
2.2. The sender has the right:
2.2.1. Refuse submitted vehicles unsuitable for the carriage of goods.
2.3. The carrier is obliged:
2.3.1. Deliver the cargo to the destination within the period specified by the transport charters and codes, or within a reasonable time.
2.3.2. Submit to the Sender of the cargo for loading serviceable vehicles in a condition suitable for the carriage of cargo, within the following period: __________________________.
2.3.3. In case of non-collection of the cargo, issue an act drawn up by the Carrier unilaterally, on the circumstances under which the cargo was lost, and the amount of unsaved Cargo.
2.4. The carrier has the right:
2.4.1. Withhold the cargo transferred to him for transportation in order to secure the carriage due to him and other payments for transportation.

3. SUPPLY OF VEHICLES.
LOADING AND UNLOADING OF CARGO
3.1. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following terms and in the following order: ______________________________, as well as in compliance with the provisions established by transport charters, codes and rules.

4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS
CARRIAGE OBLIGATIONS
4.1. In case of non-performance or improper performance of transportation obligations, the parties shall bear the responsibility established by the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the parties: __________________________________________.
4.2. The carrier for failure to provide vehicles for the carriage of goods within the time period stipulated
sub. 2.1 of this Agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for failure to present the cargo or non-use of the submitted vehicles: ___________________________________________.
4.3. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to:
force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military operations;
termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by law.

5. LIABILITY OF THE CARRIER FOR LOSS,
SHORT AND DAMAGED CARGO
5.1. The Carrier shall be liable for the non-safety of the cargo that occurred after it was accepted for carriage and before its release to the Recipient, unless it proves that the loss, shortage or damage to the Cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.
5.2. Damage caused during the carriage of goods shall be compensated by the Carrier:
in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.
The value of the cargo is determined on the basis of its price indicated in the Seller's invoice (and in the absence of an invoice, on the basis of the price that, under comparable circumstances, is usually charged for similar goods).
5.3. The Carrier returns to the Sender the freight charge collected for the transportation of lost, missing, damaged or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.

6. FINAL PROVISIONS

6.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed by law.
6.2. In everything else not regulated by this Agreement, the provisions of the Civil Code of the Russian Federation, other legislation on transportation by this type of transport will apply.
6.3. The Agreement comes into force from the moment of its signing, drawn up in _______ copies.

7. Legal addresses and banking
details of the parties
Carrier ________________________________________________
Sender ___________________________________________

8. Signatures of the parties:
Carrier __________________
Sender _________________

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Cargo transportation can be carried out within the framework of urban, suburban, intercity and international traffic (part 1 of article 4 of ULTGNET).

At the same time, in appropriate cases, a contract for the carriage of goods or a charter contract for the carriage of goods is concluded. The most common in practice is the contract for the carriage of goods, which is drawn up by waybill.

The charter, unlike other transport laws, does not contain a definition of a contract for the carriage of goods. This position of the legislator is quite justified. It makes no sense to duplicate the definition of a treaty if it lacks any specific features.

The contract for the carriage of goods by road has all the features characteristic of this type of contract. By its legal nature, it is real, mutual, reimbursable, urgent and formal. It belongs to the number of accession agreements, since the consignor joins the conditions proposed by the carrier and enshrined in the consignment note - a document that, in accordance with Part 1 of Art. 8 UATGNET confirms the conclusion of the contract. This contract may be public if the carriage of goods is carried out by public transport.

Subject of the contract transportation of goods by road has some features. In the earlier UAT of the RSFSR, the main requirement for a cargo transportation service was to carry it out along the shortest route open to road traffic. The exception was cases when, due to road conditions, transportation with an increase in mileage was more rational. In this case, the carrier had to notify the consignor of the increase in the transportation distance (Article 70). UATGNET contains only a provision on the service for the delivery of goods within the time limits established by the contract (part 1, article 14).

The service related to the storage of cargo consists in the fact that, as in other modes of transport, the carrier stores the cargo delivered to the terminal temporarily within a day from the date of sending a notice to the consignee about the delivery of the cargo. The peculiarity of this service lies in the determination of the maximum storage period (30 days), which is paid at the rate determined by the contract for the carriage of goods.

Parties to the agreement transportation of goods by road are the carrier and the consignor. Carrier - a legal entity, regardless of the organizational and legal form, or an individual engaged in entrepreneurial activities without forming a legal entity, who has assumed the obligation to deliver the goods to the destination under the contract of carriage. Unlike transportation by other modes of transport, the activities of the carrier for the carriage of goods by road are not licensed. Therefore, there is no mandatory requirement for other modes of transport for the carrier to have a license.

Shipper but the contract for the carriage of goods by road is an individual or legal entity that, under the contract, acts on its own behalf or on behalf of the owner of the goods and is indicated in the consignment note (clause 4, article 2 of UATGNET). Unlike transport sources that regulate transportation by rail and inland waterway, UATGNET does not contain a clause that the consignor can be an individual only when transporting cargo for personal (family) needs.

carrier obligations. The most important duty of the carrier in the carriage of goods is to comply with the terms of transportation. Delivery of cargo to the destination must be carried out within the time limits established by the contract for the carriage of goods. If they are not defined in the contract, the cargo must be delivered within the time limits established by the rules for the carriage of goods.

In accordance with paragraph 63 of the Rules for the carriage of goods by road, delivery of goods is carried out:

a) in urban, suburban traffic - within a day;
b) in long-distance or international communications - at the rate of one day for every 300 km of transportation distance.

The term of delivery of the cargo is calculated from 24 hours of the day of receipt of the cargo for transportation.

In the event of a delay in the delivery of cargo, the carrier must inform the consignor, consignee of this. The law establishes the maximum period of delay in the release of cargo, after which it is considered lost with the ensuing legal consequences. In part 3 of Art. 14 UATGNET states that, unless otherwise provided by the contract for the carriage of goods, the consignor has the right to consider the goods lost and demand compensation for damage if it was not issued to the consignee at his request:

1) within 10 days from the date of acceptance of the cargo for transportation in urban and suburban communications;
2) within 30 days from the day when the cargo was to be delivered to the consignee when transported in long-distance traffic.

The procedure established by law for the issuance of cargo upon delivery to its destination imposes a number of obligations on the carrier. The carrier must release the goods to the consignee at the address indicated by the consignor in the bill of lading.

If the consignee refused to accept the cargo for reasons beyond the control of the carrier, the latter has the right to deliver it to the new address specified by the consignor, and if it is impossible to deliver the cargo to this address, return the cargo to the consignor. In this case, the carrier must notify him in advance of the return of the goods.

UATGNET qualifies the indication of a new address as a forwarding of cargo (Part 3, Article 15). However, the institution of cargo redirection, enshrined in transport legislation, has a completely different legal

kind. In accordance with transport laws, redirection means a change in the consignee and (or) destination at the initiative of the consignor or consignee. It includes, firstly, the submission of a written application by the consignor or consignee to change the consignee and (or) destination, and secondly, obtaining the written consent of the new consignee.

In addition, redirection by the consignor is carried out until the moment the carrier hands over the consignment note to the consignee, and by the consignee - from the moment the consignment note is received until the moment the goods are released. The implementation of the above actions is a guarantee for the carrier that the new consignee will accept the cargo delivered to him.

There is nothing of this in a situation where the consignee refused to accept the cargo and the consignor, at the request of the carrier, is forced to indicate a new address for the delivery of the cargo. Therefore, it is no coincidence that in other transport laws, the actions of the consignor to dispose of the cargo (including sending it to another consignee), which the consignee refused to accept, are not referred to as re-addressing the cargo. But redirection, as it is defined by other transport laws, did not find regulation in UATGNET.

The procedure for checking the weight of the cargo and the number of packages when issuing the cargo must correspond to the procedure for checking the weight of the cargo and the number of packages when receiving the cargo from the consignor at the point of departure. If the cargo is delivered in serviceable covered vehicles, containers, in the presence of serviceable seals of consignors, its issuance to the consignee is carried out without checking the weight, condition of the cargo, number of packages. The UATGNET stipulates cases of issuance by the carrier of cargo with a mandatory check of its mass, condition and number of packages. These include: 1) delivery of cargo in a covered vehicle, a container accepted for transportation without seals; 2) delivery of cargo in a defective vehicle body, container or in a serviceable body, container, but with damaged seals of the consignor; 3) delivery of perishable goods in violation of the delivery period established by the contract for the carriage of goods, or the temperature regime during transportation established by the rules for the carriage of goods.

If, during the release of cargo in containers or packaging, damage is found, as well as other circumstances that could affect the change in the state of the cargo, the carrier is obliged to check the weight, condition of the cargo in the damaged container or packaging. If a shortage, damage (spoilage) of the cargo is detected, the carrier is obliged to determine the amount of the actual shortage, damage (spoilage) of the cargo. If it becomes necessary to conduct an examination in order to determine the amount of actual shortage, damage (spoilage) of the cargo, the consignee, either at his request or on his own initiative, the carrier invites experts in the relevant field.

The initiator of the examination is obliged to notify the other party of the invitation of experts. Otherwise, the results of the examination will be considered invalid. The initiator is obliged to notify the other party in writing about the time of the examination, unless another form is provided for by the contract for the carriage of goods. If the carrier evades the call of experts, and also if the carrier or the consignee evades participation in the examination, the initiator has the right to conduct an examination without the participation of the evading party. Expert services are subject to payment. All expenses for the examination are paid by the person who ordered the examination. UATGNET provides for the subsequent attribution of these costs to the party guilty of shortage, damage (spoilage) of the cargo (part 15 of article 15).

The carrier's obligation to store cargo has its own characteristics: firstly, it is fulfilled if the cargo is delivered to its terminal; secondly, the law establishes a maximum storage period for cargo in the carrier's terminal, which is 30 days (part 2, article 16 of the UATGNET). Since this rule is dispositive in nature, the parties may provide for a different storage period in the contract of carriage. After the expiration of the deadline for storage of goods, the carrier sends a request to the consignor regarding his instructions regarding the goods. If the instructions are not received within four days after the shipper receives the request, the carrier has the right to return the goods to the shipper at his expense or sell the goods in the prescribed manner. As indicated in Part 4 of Art. 16 UATGNET, the sale of cargo is carried out under a contract of sale, taking into account the price of the cargo confirmed by documents, and in their absence, based on the price that, under comparable circumstances, is usually charged for similar goods, or at a price determined on the basis of an expert assessment. The proceeds, minus the payments due to the carrier related to the transportation and storage of cargo, as well as the costs of one hundred sales, are returned to the consignor. Usually it is transferred to the shipper's account indicated in the shipping documents.

After the unloading of the cargo is completed, the vehicle and the container are subject to cleaning. This responsibility rests with the consignee. In the case of the carriage of goods, a list of which is given in the rules for the carriage of goods, the vehicle, container must be washed and, if necessary, disinfected. By agreement of the parties, the carrier can perform this work for a fee.

Obligations of the consignor, consignee. Regulation UATGNET of the duties of the consignor, consignee does not have significant features. The obligations of the shipper relate mainly to the issuance of the bill of lading and payment for the carriage of goods. Assigning to the consignor the obligation to correctly fill out the bill of lading, UATGNET, in contrast to UZhT and KVVT, more concisely formulates the requirements for its execution. They boil down to the indication of special marks in it or the precautions necessary for the transportation of cargo, accurate, without distortion, fixing information about its properties.

The Charter does not contain a rule establishing the procedure for payment by the consignor of services for the carriage of goods, therefore, the fulfillment of this obligation is based on the provisions of Art. 790 of the Civil Code and the terms of the contract for the carriage of goods.

As for the obligations of the consignee, one of them is to determine, together with the carrier, if the delivered cargo is not preserved, the size of its actual shortage, damage. If necessary, the consignee or at his request, the carrier invites experts to determine the amount of the actual shortage, damage to the cargo. The costs associated with the examination are paid by the person who declared, with the subsequent attribution of the costs to the person responsible for the shortage, damage to the cargo.

It is also the responsibility of the consignee to unload the cargo in compliance with the established standards. It is not allowed to delay vehicles and containers submitted for unloading. As already noted, after unloading the cargo, the vehicle, containers must be washed by the consignee and, if necessary, disinfected. The law allows this work to be performed by the carrier when paid by the consignee.

Contract time transportation of goods by road has no special features. Its regulation is dedicated to Art. 14 ULTGNET. It defines the actions of the carrier in case of non-compliance with the established deadlines. In case of delay in the delivery of cargo, he is obliged to inform the consignor, consignee about this. But unlike other transport laws, neither the UATGNET nor the Rules for the carriage of goods by road specify the time for informing about a delay, for example, in intercity transportation.

Contract form. The document confirming the conclusion of the contract for the carriage of goods by road is waybill. Its form, details and procedure for filling out are established by the rules for the carriage of goods. The front side of the bill of lading contains information related to the consignor, consignee, cargo, transport and transportation conditions. It indicates the names and addresses of the consignor, consignee, necessary data about the cargo, such as: name, weight, number of packages, as well as accompanying documents for the cargo. In addition, there are marks on the acceptance and delivery of cargo indicating information about the places of loading and unloading and the actual date (and time) of arrival. As for the transport data, these are the consignor's instructions about its parameters.

The front side includes the following list of conditions of carriage:

- the terms after which the consignor, consignee has the right to consider the cargo lost;
– a form of notification of an examination to determine the nature of the damage and the value of the damaged cargo;
- the amount of payment for the storage of cargo and the deadlines for its storage in the carrier's terminal;

the procedure for performing loading and unloading operations and works on washing and disinfection of vehicles;

- the size of the fine for failure to present transport for the carriage of goods, for delaying transport, for demurrage of specialized vehicles.

The reverse side of the consignment note contains the following data: 1) about the carrier: last name, first name, patronymic and address of the driver's place of residence, information about the location of the legal entity - the carrier; 2) about vehicles: quantity, type, brand, carrying capacity in tons, capacity.

It contains reservations and comments regarding the actual state of the cargo, containers, packaging, markings and seals. On the reverse side, the redirection of the cargo is noted, as well as the cost of the carrier's services and the settlement procedure, the date of preparation of the consignment note, the signatures and seals of the consignor, consignee, and carrier are affixed.

The obligation to complete the bill of lading rests with the consignor. For the purpose of unimpeded transportation of cargo, the law imposes on the consignor the obligation to attach to the consignment note the documents provided for by sanitary, quarantine and other rules in accordance with the requirements of the legislation of the Russian Federation.

As already noted, in established cases, the carrier also draws up an accompanying statement (part 3 of article 11 of the UATGNET). Its form and procedure for filling out are established by the rules for the carriage of goods.

Previously, transportation of goods by road transport with a carrying capacity of more than 3.5 tons was subject to licensing (see Article 17 of the Federal Law of 08.08.2001 No. 128-FZ "On Licensing Certain Types of Activities" in its original version).
See, for example, Art. 31 UZhT, paragraph 2 of Art. 78 KVVT.