About Transportation And Forwarding Activities

Original Language Title: О транспортно-экспедиционной деятельности

Read the untranslated law here: https://www.global-regulation.com/law/russia/2943053/---.html

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RUSSIAN FEDERATION federal law on transportation and forwarding activities adopted by the State Duma of the year June 11, 2003 (as amended by the Federal law of 14.10.2014 N 307-FZ), Chapter 1. GENERAL PROVISIONS Article 1. Subject of this federal law 1. This federal law regulates the implementation of transportation and forwarding activities-procedure for the provision of services on the Organization of transportation of goods by any means of transport and registration of transport documents, customs documents and other documents required for the transport of goods (hereinafter services).
Terms of the contract of freight forwarding, not provided for in this federal law, other federal laws or other normative legal acts of the Russian Federation, adopted in accordance with the Civil Code of the Russian Federation shall be determined by the parties to the contract of freight forwarding (freight forwarder and the customer).
2. the provisions of this Federal Act does not apply to transport-expediting work undertaken in the field of postal services.
Article 2. Rules for forwarding activity 1. Rules for forwarding activity approved by the Government of the Russian Federation.
2. Rules of forwarding activities are: list of forwarding documents (documents confirming the conclusion of the contract of freight forwarding);
quality requirements for freight forwarding services;
the procedure of rendering of forwarding services.
Chapter 2. Rights and obligations of the forwarder and the CUSTOMER Article 3. Rights of the freight forwarder and the customer 1. The freight forwarder is entitled to deviate from the instructions of the client, unless this is necessary in the interests of the client and the freight forwarder owing to circumstances beyond his control could not seek the client in the manner prescribed by the Treaty, its consent to such a retreat or get within 24 hours upon request.
If the client's instructions were inaccurate or incomplete or does not correspond to the contract of freight forwarding and freight forwarder owing to circumstances beyond his control have not had the opportunity to clarify the client's instructions, the freight forwarder provides forwarding services on the basis of the interests of the client.
2. In the case of forwarding contract does not stipulate otherwise, the freight forwarder has the right to choose or change mode of transport, cargo transportation route, the sequence of the carriage of goods by various modes of transport on the basis of the interests of the client. When the carrier shall be obliged to immediately notify the customer in the order determined by the Treaty of produced in accordance with this paragraph changes.
3. The freight forwarder shall, if it is stipulated in the agreement of transport forwarding, is entitled to retain at its disposal the goods before paying the remuneration and reimbursement of expenses incurred by them in the interests of a client or before granting the client the proper security for the performance of its obligations in part payment of the remuneration and reimbursement of incurred expenses. In this case, the client pays the costs associated with holding the assets.
For accumulated damage to cargo due to its retention of the freight forwarder in cases covered by this paragraph, is the responsibility of the client.
4. the executor has the right not to proceed with the execution of the duties contemplated by the contract of freight forwarding, prior to the submission of the required documents by the customer, as well as information about the properties of the goods, on the conditions of its carriage and other information necessary for the performance of freight forwarder responsibilities. In the case of incomplete information carrier shall be obliged to request the necessary additional data in the manner provided for in the contract of freight forwarding.
5. The freight forwarder is entitled to verify submitted client necessary documents, as well as information about the properties of the goods, on the conditions of its carriage and other information necessary for the performance of duties under the contract freight forwarder freight forwarding.
6. the customer has the right: to choose the route of cargo and mode of transport;
require the forwarder, if it is stipulated in the agreement, freight forwarding providing information about the process of cargo transportation;
give directions to the freight forwarder in accordance with the contract of transport expedition.
Article 4. The freight forwarder's duties 1. The freight forwarder is obliged to provide services in accordance with the contract of freight forwarding.
2. If there is no possibility of preliminary request for derogation from the instructions of the client or if the answer to such a request is not received within 24 hours of the freight forwarder, the freight forwarder is obliged to notify the client about derogations as soon as notification is possible in the manner prescribed by the contract.
3. Freight forwarder providing services to a client for personal, family, household or other needs, not related to client business activity, shall provide upon request information under the legislation of the Russian Federation on the protection of the rights of consumers.

4. When receiving the goods the freight forwarder is obliged to issue the client with forwarding the document, as well as to provide the client with the originals of the treaties concluded by the freight forwarder in accordance with the contract of freight forwarding on behalf of the client on the basis of power of Attorney it has issued.
5. the executor does not have the right to enter into an insurance contract on behalf of the client, unless this is expressly stated in the contract of freight forwarding.
Article 5. Customer responsibilities 1. The client shall promptly provide the freight forwarder with complete, accurate and reliable information about the properties of the goods, on the conditions of its carriage and other information necessary for the performance of duties under the contract freight forwarder freight forwarding, and documents required for customs, the Federal transport oversight and other types of State control (supervision). (As amended by the Federal law of 14.10.2014 N 307-FZ)
2. the client in the manner provided for in the contract of freight forwarding, shall pay due to the freight forwarder remuneration and reimburse the costs incurred in the interests of the client.
Chapter 3. RESPONSIBILITY of the FORWARDER and the CUSTOMER Article 6. Common basis of liability 1. For nonperformance or improper performance of the duties contemplated by the contract of freight forwarding and the present Federal law, freight forwarder and the customer are liable on the grounds and in the amount of which shall be determined in accordance with Chapter 25 civil code of the Russian Federation and the present Federal law.
2. In case the freight forwarder to prove that the breach of an obligation caused by the improper performance of the contract of carriage, the liability of the forwarder, the customer pays the contract of carriage, is determined based on the rules by which the forwarder is responsible before the appropriate carrier.
3. when providing forwarding services related to the carriage of goods in international traffic, and use the corresponding forwarding documents limit of liability of the freight forwarder for nonperformance or improper performance of the duties contemplated by the contract of freight forwarding may not exceed 666.67 unit for space or other loading unit, except for the freight forwarder's liability under paragraph 2 of article 9 hereof.
For the purposes of this federal law when providing forwarding services related to the carriage of goods in international traffic under the unit refers to the unit of special drawing rights as defined by the International Monetary Fund. Value of the ruble in terms of special drawing right shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. In accordance with the value of the ruble in terms of special drawing rights transfer in roubles shall be effected on the date of judgement or at a date to be determined by agreement of the parties.
4. rules for the limitation of liability provided for in paragraph 3 of this article and paragraph 2 of article 7 of this federal law, shall not apply, if the forwarder does not prove that the loss, shortage or damage (spoilage) of freight forwarding was not due to his own acts or omissions committed by its own deliberately or through gross negligence.
5. In the case of a unilateral renunciation of the contract forwarding client or the freight forwarder shall compensate the other party losses caused by the termination of the contract, and shall pay a fine in the amount of ten per cent of the amount incurred by the executor or customer costs.
Article 7. The grounds and the amount of liability of the freight forwarder to the customer for loss, shortage or damage (spoilage) of cargo 1. The freight forwarder is liable to the client in the form of reimbursement of actual damages for loss, shortage or damage (spoilage) of cargo after acceptance of its freight forwarder and prior to the issuance of cargo to the recipient specified in the contract of freight forwarding or an authorized person to them, unless he proves that the loss, shortage or damage (spoilage) of cargo occurred due to circumstances which the freight forwarder could not avoid and which cannot be depended upon in the following sizes : 1) for loss or shortage of goods, adopted by the freight forwarder to transport announcement values in the amount of the declared value or the declared value of the proportional part of the missing part of the cargo;
2) for loss or shortage of goods, adopted by the freight forwarder to transport without a declaration of value, in the amount of actual (documented) value of the goods or the missing part thereof;
3) for damage (spoilage) of cargo, which was adopted by the freight forwarder to transport announcement values in the amount by which the declared value has declined, and in case of impossibility of restoration of damaged goods in the amount of the declared value;

4) for damage (spoilage) of cargo, which was adopted by the freight forwarder to transport without a declaration of value, equal to the amount by which actual decreased (documented) value of the goods, and if it is not possible to restore a damaged goods in amount of actual (documented) value of the goods.
2. when providing forwarding services related to the carriage of goods in international traffic, the freight forwarder's liability for loss, shortage or damage (damage) of the goods provided for in this article may not exceed two units of account per kilogram of gross weight of lost, missing or damaged (corrupted) unless a higher amount is not reimbursed by the person for whom the freight forwarder is responsible.
3. the forwarding can be set, that along with the compensation of actual damage caused by the loss, shortage or damage (spoilage) of cargo, freight forwarder returns a previously uplachennoe remuneration, if it is not included in the price of goods in proportion to the value of lost, missing or damaged (corrupted).
4. in addition to the reimbursement of actual damages and the return of the client paid him executor remuneration in the amount established by this article, the freight forwarder is obliged to compensate the client for the loss of profits in connection with the loss, shortage or damage (spoilage) of cargo, which occurred through the fault of the forwarder.
5. when providing forwarding services related to the carriage of goods in international traffic, the loss of profit shall be reimbursed in full, but not more than the amount of the liability prescribed by this federal law.
6. The real (documented) value of the goods is determined on the basis of the price specified in the contract or the seller's account, and in its absence on the basis of the average price of a similar product that existed in the place where the goods are subject to extradition, on the day of voluntary meet such requirements or if the claim was not satisfied voluntarily, on the day of judgement.
7. The goods as lost if it has not been issued upon the expiration of thirty days from the date of expiry of the delivery of a specific contract freight forwarding, or, if such a term is not defined in the Treaty, for a reasonable period necessary for delivery of cargo and calculated from the date of acceptance of the goods by the forwarding agent for transportation. Cargo that was delivered, but was not issued to the recipient specified in the contract of freight forwarding or authorized them to a person by reason of non-payment of outstanding freight forwarder the remuneration lost shall not be considered if the client was notified in a timely manner on the freight forwarder providing of forwarding services in the manner provided for in the contract of freight forwarding.
Article 8. Notice of loss, shortage or damage of (corruption) of cargo 1. If at the time of cargo delivery to the recipient specified in the contract of freight forwarding, or a person authorized to notify the freight forwarder in writing about loss, about losses or damage (spoilage) of cargo and did not specify the general nature of the shortage or damage (spoilage) of cargo shall be deemed, unless the contrary is proved, that they got the goods intact.
2. If the loss, shortage or damage (spoilage) of cargo could not be installed when receiving goods in the usual way, such notification to the freight forwarder can be done not later than within 30 calendar days from the date of receiving the goods. The date of the notification shall be the date of receipt of such notification by the forwarding agent.
Article 9. The base and the size of the freight forwarder's liability for breach of obligations under the contract due date of expedition 1. The freight forwarder shall compensate losses incurred by the customer in violation of the term of fulfillment of obligations under the contract of freight forwarding, unless otherwise provided by the specified forwarder Treaty and proves that the violation of the deadline due to force majeure or due to the fault of the client.
2. For the duration of the breach of obligations under the contract of freight forwarding, if the customer is a natural person who uses the services of a freight forwarder for personal, family, household and other needs, not related to client business activity, the freight forwarder shall pay the customer for every day (if incomplete day shall be considered for full) or h (if the term is indicated in hours) of delay liquidated damages in the amount of three percent, but not more than 80 per cent of the amount owed to the forwarder the remuneration as well as reimburse the damages caused to the client in violation of the term of fulfillment of obligations under the contract, unless he proves that the violation of the deadline due to force majeure or due to the fault of the client.
Article 10. The grounds and the amount of liability of the client before forwarding agent 1. The customer shall be liable for damages caused by the freight forwarder in connection with failure to perform obligations to provide information specified in the present Federal law.

If proved unfounded refusal of client from payment of expenses incurred by the executor for execution of obligations under the contract, the client shall pay freight forwarding the freight forwarder in addition to the expenses of a fine in the amount of ten per cent of these costs.
2. the client is responsible for late payment to the freight forwarder's remuneration and reimbursement of the costs in the interests of a client in the form of a penalty in the amount of one tenth per cent of the remuneration to the freight forwarder and incurred costs in the interests of a client for each day of delay but not more than the amount owed to the forwarder the remuneration and incurred costs in the interests of a client.
Article 11. Agreement about changing the size of the freight forwarder's liability 1. In the contract of freight forwarding may be a higher amount of liability of the freight forwarder as compared to established by this federal law or an international treaty of the Russian Federation the size of responsibility.
2. agreement on the removal of the freight forwarder's liability or reduce its size, established by this federal law, is void.
Chapter 4. Claims and CLAIMS Article 12. Claims and claims against the freight forwarder 1. Before bringing a lawsuit resulting from the forwarder Treaty transport expeditions, necessarily presentation to the freight forwarder a claim, with the exception of the claim for the provision of freight forwarding services for personal, family, household and other needs, not related to client business.
2. the right to bring a claim claim the forwarder has a client or a person authorized by him to claim and claim person consignee specified in the contract of freight forwarding, as well as the insurer, has acquired the right of subrogation.
3. the claim shall be made in writing. The claim of loss, shortage of or damage (spoilage) of cargo shall be accompanied by documents proving the right to claim and documents confirming quantity and price of the goods, in original or certified copies thereof in the prescribed manner.
4. Claims against the freight forwarder may be made within six months from the date of the establishment of the right to claim.
The specified period is calculated in relation to: damages for loss, shortage or damage (spoilage) of cargo from the day following the day on which the goods should be issued;
damages caused to the client in violation of the term of the contract of transport expedition, from the day following the last day of validity of the contract, unless otherwise stipulated by the parties;
the violation of other obligations arising from the contract of transport expedition, from the day when the persons referred to in paragraph 2 of this article, have learned, or should have know of such violations.
5. The freight forwarder is obliged to review the claim and notify the applicant in writing of the approval or rejection of claim within thirty days from the date of its receipt.
When partial satisfaction or rejection of the claim by the executor to it in the notification to the applicant must be indicated the founding decision. In this case, the documents submitted with the claim will be returned to the applicant.
6. The freight forwarder is entitled to accept for consideration a claim after this article, if the reason for the lapse of a complaint is found to be good to them.
Article 13. Limitation period For claims arising from the contract of freight forwarding, the limitation period is one year. Specified period shall run from the date of the establishment of the right to sue.
Article 14. The entry into force of this federal law 1. This federal law shall enter into force on the day of its official publication.
2. For obligations related to forwarding services and arising prior to the entry into force of this federal law, the provisions of this Federal Act shall apply to the rights and obligations that would arise after its entry into force.
The President of the Russian Federation v. Putin Kremlin, Moscow June 30, 2003 N 87-FZ

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