Bocharnikova K. Disputes in wagon repair economy as a special category of judicial and arbitration disputes

UDK: 347.918:656.2

Bocharnikova K. - postgraduate student of the department of civil law Of the national research Tomsk state University, practicing lawyer

Abstract. The history of the Railways and the corresponding transport has more than one century. In Russia, the idea of creating and operating Railways begins to emerge at the end of the XVIII century, when the development of any scientific and technical thought was in direct connection with the capitalist sentiments of society. With the development of capitalism, strengthening its foundations, which was the production of goods, the provision of various kinds of services, Commerce and other legitimate economic activities, in order to serve the industrial needs of large enterprises for the production of goods in 1825 in Russia there is a railway transport. Ten years later, pursuant to the Decree of Nicholas I of April 15, 1836 in Russia begins the construction of the first Tsarskoye Selo railway.

Today it is difficult to overestimate the special strategic importance of the railway complex for the developing economy of the Russian Federation, the share of transport and communications in which, according to Rosstat, is 8.7%. The railway is an important link of the unified economic system, provides stable activity of industrial enterprises, timely delivery of vital goods to the remote territories of the country. However, this effect could not be achieved if the structure of the railway complex of Russia did not have special education — wagon repair companies (VRK), whose activities are directly related to the maintenance of the proper condition of rail transport (freight and passenger).

In this regard, the activities of these companies, in particular the practice of their participation in litigation, is of particular interest to the author of this article. Therefore, one of the objectives of our study is to consider the features of the activities of wagon repair companies, as well as relations with their participation, which determine the specifics of judicial and arbitration disputes about the poor quality of repairs of freight cars carried out by wagon companies.

The article considers the features of arbitral disputes with Stock Carriage Repair Kompanies related with their special legal status and structure. The author analyzes the sources of legal regulation relations of maintenance of railway carriage and the order of reclamation-claim work in this field. A lot of attention is paid to review a role of documents and warranty. The article also provides an analysis and synthesis of new judicial practice on disputes about compensation of the costs arising because of defective repair of railway carriage.

Keywords: contractor's agreement; maintenance of the railway carriage; quality; warranty; Stock Carriage Repair Company.


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