Advanced Search

About Transportation And Forwarding Activities

Original Language Title: О транспортно-экспедиционной деятельности

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On freight forwarding Adopted by the State Duma on June 11, 2003 Federal Law of 14.10.2014 N 307-FZ Chapter 1. GENERAL PROVISIONS Article 1. The subject of regulation of this Federal Law 1. The Federal Law defines the procedure for the conduct of transport and expeditionary activities-the procedure for the provision of services on the organization of the carriage of goods by any means of transport and the registration of transport documents, documents for customs. and other documents necessary for the carriage of goods (further forwarding services). Terms and conditions of the transport expedition not provided for by this Federal Law, other federal laws or other normative legal acts of the Russian Federation, adopted in accordance with Civil Code of the Russian Federationare defined by the parties to the contract of the transport expedition (freight forwarder and client). 2. The provisions of this Federal Act do not apply to freight forwarding activities carried out in the field of postal communication. Article 2. Expeditionary Rules 1. Expeditionary rules are approved by the Government of the Russian Federation. 2. Expeditionary operations are defined by: list of forwarding documents (documents confirming the conclusion of the transport expedition contract); requirements for the quality of expeditionary services; Provision of expeditionary services. Chapter 2: RIGHTS AND RESPONSIBILITIES IN SERVICE AND CLIMATE Article 3. Expeditor and client rights 1. The Expeditor may deviate from the client's instructions, unless it is in the interest of the client and the forwarding agent, for reasons beyond its control, has been able to pre-request the client in the manner determined by the contract for his or her consent Retreat or receive a response to your request within 24 hours. In the event that the customer's instructions are inaccurate or incomplete or do not correspond to the contract of the transport expedition and the forwarder for reasons beyond his control, it was not possible to specify the client's instructions, the forwarder provides Expeditionary services based on client's interests. 2. In the event that the contract of the transport expedition does not provide for another, the forwarder is entitled to choose or modify the mode of transport, the route of the goods, the sequence of carriage of goods by different modes of transport proceeding from the interests of the client. In doing so, the forwarder shall immediately notify the client, in the manner determined by the contract, of the changes made in accordance with this paragraph. 3. The Expeditor, if required by the contract of the transport expedition, shall be entitled to retain the goods at his disposal before paying compensation and reimbursement of the expenses it has incurred for the benefit of the client, or until the client has properly provided the goods. To ensure the performance of their obligations with respect to the payment of remuneration and reimbursement of expenses incurred. In this case, the customer also pays for the expenses related to the holding of the property. A customer is responsible for the damage that has occurred as a result of his retention by the freight forwarder in the cases provided for in this paragraph. 4. The Expeditor may not proceed with the obligations stipulated in the contract of the transport expedition until the necessary documents are submitted by the client, as well as information on the properties of the goods, the conditions of his transport and other information necessary For the performance of the freight forwarder. In the case of incomplete information, the freight forwarder is obliged to request the necessary additional data from the client in the manner prescribed by the transport expedition's contract. 5. The Expeditor has the right to verify the validity of the necessary documents submitted by the client, as well as information about the properties of the goods, the conditions of his transportation and other information necessary for the discharge of the duties stipulated by the contract of the transport expedition. 6. The client has the right: to choose the route of the goods and the mode of transport; to ask the freight forwarder if this is provided by the contract of the transport expedition, providing information about the cargo movement process; to give directions to the forwarding agent in accordance with the contract of the transport expedition. Article 4. Duties of the freight forwarder 1. The forwarder is obliged to provide services in accordance with the contract of the transport expedition. 2. In case there is no possibility of a preliminary request for a departure from the client's instructions or if the response to such a request is not received by the forwarding agent within 24 hours, the forwarding agent is required to notify the client of the deviation as soon as the request is made The notification will be possible, in the order of the contract. 3. The Expeditor who provides services to the client for personal, family, domestic or other needs not connected with the business of the client is obliged to provide the information required by the legislation of the Russian Federation. Federation for Consumer Protection. 4. Upon receipt of the goods, the forwarder is obliged to issue to the client the forwarding document, as well as to present to the client the original contracts entered into by the freight forwarder in accordance with the contract of the transport expedition on behalf of the client on the basis of a power of attorney issued by him. 5. The Expeditor has no right to conclude on behalf of the client the contract of insurance of the goods, if it is not expressly provided for by the transport expedition. Article 5. Client responsibilities 1. The client is obliged to submit to the forwarding agent complete, accurate and reliable information on the properties of the cargo, the conditions of carriage and other information necessary for the discharge of the freight forwarder's obligations under the contract Expeditions and documents necessary for the implementation of customs, federal state transport supervision and other types of state control (supervision). In the wording of the Federal Law of 14.10.2014 N 307-FZ 2. The client, in the manner prescribed by the contract of the transport expedition, shall be liable to pay the compensation to the freight forwarder, as well as to recover the expenses incurred in the interests of the client. Chapter 3: ACCOUNTABILITY AND CLIMENT ACCOUNTABILITY Article 6. General liability 1. For non-performance or improper performance of the duties provided for by the transport mission and by this Federal Act, the forwarding agent and the client shall be liable on the basis and in the amount determined in accordance with the Chapter. 25 Civil Code of the Russian Federation and this Federal Law. 2. In the event that the freight forwarder proves that the breach of the obligation is due to an improper performance of the contract of carriage, the liability to the forwarding agent for the contract of carriage shall be determined by the rules on which the contract is issued. The carrier shall be responsible for the freight forwarder. 3. In the provision of freight forwarding services relating to the transport of goods in international traffic and the use of the freight forwarder's liability for failure or improper performance of the forwarding or forwarding agent, The contract of the transport expedition may not exceed 666.67 units of account for a place or other unit of shipment, with the exception of the liability of the forwarder referred to in article 9, paragraph 2, of this Federal Act. For the purposes of this Federal Law, in the provision of expeditionary services related to the carriage of goods in international traffic, the unit of account is the Special Drawing Right as defined by the International Law Commission. a currency fund. The value of the rouble in units of special drawing right shall be calculated in accordance with the method of determining the value used by the International Monetary Fund on the relevant date for its operations and transactions. In accordance with the value of the ruble, in units of special drawing right, the transfer in rubles is carried out at the date of the judicial decision or at the date set by the agreement of the parties. 4. The rules of limitation of liability referred to in paragraph 3 of this article and article 7, paragraph 2, of this Federal Act shall not apply if the forwarding agent fails to prove that the loss, loss, or damage (damage) of a forwarding agent the goods have not arisen as a result of his own action or by his own inaction, committed intentionally or by gross negligence. 5. In the case of a unilateral waiver of the contract of the transport expedition, the customer or the forwarder shall reimburse the other party for the damages caused by the termination of the contract and shall pay a fine of ten per cent of the amount of the freight forwarder or client Cost. Article 7. The basis and size of the liability of the freight forwarder to the client for loss, shortfall or damage (damage) 1. The Expeditor shall be liable to the client in the form of compensation for actual loss, loss or damage (damage) of the goods upon acceptance by the forwarding agent and before delivery of the goods to the consignee referred to in the contract of the transport expedition, or if it fails to prove that the loss, loss, or damage (damage) of the goods occurred due to circumstances that the forwarder was unable to prevent and the removal of which was not dependent on it, in the following dimensions: 1) loss or shortfall of cargo accepted by the freight forwarder for the declaration valuing, in the amount of the declared value or part of the declared value, proportional to the missing part of the goods; 2) for loss or shortage of goods accepted by the freight forwarder in the amount of valid value (Documented) the value of the goods or the missing part thereof; 3) for damage (damage) of the goods made by the freight forwarder for the declaration of value in the amount to which the declared value has been reduced, and The failure to restore the damaged goods to the value of the declared value; 4) for damage (damage) of goods made by a freight forwarder for transport without declaration of value, in the amount of which the actual (documented) value of the goods has been reduced and where the restoration cannot be restored damaged goods in the amount of valid (documented) value of the goods. 2. In the provision of freight forwarding services relating to the carriage of goods in international traffic, the liability of the freight forwarder for loss, damage or damage (damage) of the goods referred to in this article may not exceed two units of account for A kilogram of the total weight of the lost, missing or damaged (damaged) cargo if the higher amount is not recovered by the person for whom the freight forwarder is responsible. 3. The contract of the transport expedition may establish that, in addition to compensation for actual damage caused by loss, loss or damage (damage) of the goods, the freight forwarder shall return the payment to the client if it is not included in the contract. The value of the goods, in the amount proportional to the value of the lost, missing or damaged (damaged) cargo. 4. In addition to the reimbursement of actual damage and return to the client of the remuneration paid to them by the forwarding agent in the amounts established by this article, the forwarding agent is required to reimburse the client for loss of, loss or damage to the client. (damage) caused by a freight forwarder. 5. In the provision of freight forwarding services relating to the carriage of goods in international traffic, loss of profit is fully reimbursed, but not more than the amount of liability established by this Federal Law. 6. Valid (Documented) The value of the goods is determined on the basis of the price specified in the contract or the seller's account, and, in the absence of the average, the price of the equivalent product in the place where the goods were to be delivered extradition, on the day of voluntary satisfaction of such a requirement, or, if the request was not voluntarily satisfied, on the day of the court decision. 7. The cargo is considered lost if it has not been issued within thirty days from the date of expiry of the transit period determined by the contract of the transport expedition, or, if the contract is not fixed, within a reasonable period of time required for delivery the goods and the goods calculated since the date of acceptance by the freight forwarder for carriage. Goods that have been delivered but not delivered to the consignee specified in the contract of the transport expedition or to an authorized person due to non-payment of the compensation due to the forwarding agent are not considered to be lost if the freight forwarder is timely notified the client of the provision of expeditionary services in accordance with the procedure provided for by the transport expedition. Article 8. Notice of loss, loss or damage (damage) 1. In the event that, at the time of delivery of the goods, the consignee specified in the contract of the transport expedition or his or her authorized person did not notify the forwarding or first agent in writing of the loss, the loss or damage (damage) of the goods or the general nature of the goods The loss or damage (damage) of the goods is considered to be, unless it is proved otherwise, that they have obtained the goods intact. 2. In the event that the loss, loss or damage (damage) of the goods could not be established in the normal course of the goods, such notification to the forwarding or dispattor may be made no later than thirty calendar days from the date of receipt of the goods. The date of notification shall be deemed to be the date of receipt by the forwarding agent of such notification. Article 9. The basis and size of the liability of the freight forwarder for violation of the period of performance of the obligations under the transport expedition contract 1. The Expeditor shall refund the damages caused to the client by the breach of the obligation under the contract of the transport expedition, unless otherwise stipulated by the contract and the forwarding agent fails to prove that the breach occurred due to the circumstances the power of the force or the fault of the client. 2. For violation of the established deadline for the performance of the obligations under the contract of the transport expedition, if the client is a natural person who uses the services of the forwarding agent for personal, family, household and other needs other than those connected with the client's implementation business, the freight forwarder pays the client for every 24 hours (at the same time the full day is considered to be complete) or an hour (if the period is specified in hours) the delay of the penalty in the amount of three percent, but not more than eighty percent of the amount compensation payable to the freight forwarder, as well as damages The client is in violation of the terms of performance of the contract if it fails to prove that the violation occurred due to the circumstances of the force majeure or the fault of the client. Article 10. The basis and size of the responsibility of the client to the forwarding agent 1. The client is liable for damages caused to the forwarding agent for failure to comply with the obligation to provide the information specified in this Federal Law. In case it is proved that the client refuses to pay for expenses incurred by a forwarding agent for the purpose of fulfilling the obligations stipulated in the contract of the transport expedition, the customer pays the freight forwarder in addition to those mentioned A fine of 10 per cent of these costs. 2. The client is responsible for late payment to the freight forwarder and reimbursement of expenses incurred in the interest of the client in the form of payment of a penalty of one tenth per cent of the fee to the freight forwarder and for the benefit of the freight forwarder A client of charges for each day of delay, but not more than the amount due and paid to the freight forwarder for the benefit of the client. Article 11. Agreement on Resizing Responsibilities of the Expeditor 1. The contract of the transport expedition may provide for a higher liability of the freight forwarder than the amount of liability established by this Federal Law or the international treaty of the Russian Federation. 2. The agreement to remove or reduce the liability of the freight forwarder established by this Federal Law is negligible. Chapter 4: CLAIMS AND ISCI Article 12. Claims and claims against the forwarding agent 1. Prior to the forwarding of the claim arising from the contract of the transport expedition, the forwarding agent is required, except for the provision of forwarding services for personal, family, household and other non-expedient services. with the implementation of a business client. 2. The right to bring a claim and a claim has the right of a client or an authorized person to bring a claim and claim against a person, a transferee of the goods specified in the contract of the transport expedition, and an insurer who has acquired the right to subrogation. 3. The claim is presented in writing. The claim for loss of, or damage to, the goods must be accompanied by the documents confirming the claim and the documents confirming the quantity and value of the goods shipped, in original or The copies of the report are contained in the report. 4. Claims for freight forwarders may be filed within six months of the date on which the claim arises. The specified time period is calculated in relation to: damages for loss, loss, or damage (damage) of the goods from the day following the day the goods should be delivered; damages caused to the customer violation of the period of fulfilment of obligations under the contract of the transport expedition, from the day following the last day of the contract, unless otherwise determined by the parties; breach of other obligations arising from the contract of transport on the date on which the persons referred to in paragraph 2 of this article have been recognized, or were to find out about such violations. 5. The Expeditor is required to review the claim and to notify the applicant in writing of the satisfaction or rejection of the claim within thirty days of its receipt. With partial satisfaction or rejection by a forwarding agent of the claim in the notification, the claimant must be informed of the reasons for the decision. In this case, the documents submitted with the claim are returned to the claimant. 6. The Expeditor is entitled to consider a claim after the expiry of the period established by this article if the reason for the omission of the claim period is to be found to be respectful. Article 13. The statute of limitations For claims arising from the contract of the transport expedition, the period of limitation shall be one year. The period shall be calculated from the date on which the right of action arose. Article 14. Entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. The provisions of this Federal Act apply to the rights and obligations that will arise upon the entry into force of this Federal Act on obligations connected with the provision of expeditionary services and arising prior to the entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 June 2003 N 87-FZ