Mariya An. Bazhina, Elena P. Shchekochikhina. Legal regulation of direct multimodal freights in the Russian Federation
Mariya An. Bazhina - Candidate of Law, associate professor of the department ‘Business Law’ of the Ural State Law University
Elena P. Shchekochikhina - Candidate of Law, associate professor of the department ‘Business Law’ of the Ural State Law University
Abstract. The authors of the current paper have studied the problematic issues of legal regulation of direct multimodal freights in the Russian Federation. First of all, the authors have analyzed the conceptual apparatus used at the national and international levels, tried to establish the relationship between these concepts. Within the framework of this issue, there has been concluded that it is necessary to amend the current Russian legislation in order to overcome the contradictions in the national legal regulation to unify it with international legislation. In addition, the current paper has presented the thorough analysis of the content of draft laws made over the past years in relation to the legal regulation of multimodal freights in Russia. On the basis of a systematic analysis, there have been identified the main features of such transportation as 1) participation in transportation by two or more modes of transport; 2) transportation under a single document drawn up for the entire route; 3) presence of a multimodal transport operator; 4) presence of the cargo transfer using transshipment or with the movement as a "single transport unit". Each of these features has been considered in detail. Particular attention has been paid to the issue of using a single transport document in the framework of multimodal freight. As a conclusion, there has been proposed to clearly regulate the content of a single transport document at the legal level, to establish its relationship with the bill of lading (BL), and also assign it the role of a security, which will facilitate the transportation process. The presence of a multimodal transport operator has also been considered in detail. His status is not defined in national legislation. In addition, the introduction of the person will require establishing a legal relationship with other participants in the transport process.
Keywords: multimodal transport; law draft/bill; operator; FIATO multimodal transport bill of lading; features of multimodal freight.
- Bazhina, M. A. Perspektivy razvitiya pravovogo regulirovaniya pryamykh smeshannykh perevozok v RF [Prospects for the development of legal regulation of direct mixed transport in the Russian Federation] / M. A. Bazhina, Ye. P. Shchekochikhina // Biznes, menedzhment i pravo. — 2020. — № 2. — S. 22—27.
- Yegiazarov, V. A. Transportnoye pravo [Transport law]: uchebnik. — Moskva, 2007.
- Ivanov, M. YU. Vneshneekonomicheskaya deyatel'nost' [Foreign economic activity]: uchebnoye posobiye. — Moskva, 2005.
- Transportnoye pravo [Transport law]: uchebnik dlya SPO / otvetstvennyye redaktory N. A. Dukhno, A. I. Zemlin. — Moskva : Izdatel'stvo Yurayt. 2020.
- Shershenevich, G. F. Uchebnik torgovogo prava [Textbook of trade law]. — Moskva, 1994.