UDK: 341:347.463

Mariya S. Kornukova - Russian University of Transport (MIIT)

Abstract. The current paper has presented the study of the system of conventional regulation of the goods’ transportation in direct mixed (multimodal) mode, operating in the territory of the European Union, including the procedure for choosing the applicable law to transport legal relations, as well as methods for distributing responsibility. The author has analyzed the normative and theoretical foundations and factors that determine the choice of the appropriate conventional regulation, and, based on judicial practice, studied the mechanism for the systematic application of international transport conventions to a single contract for direct mixed (multimodal) freights. As a result of the study, the author has concluded that the system of conventional regulation provides the parties of the direct multimodal freight contract with a wide choice of means of their rights’ protection, including the most economically feasible ones, and creates conflict disputes about the application of a particular convention. The author has also studied the prospects for the development of regulation of direct multimodal (multimodal) freights, considering the powers of the European Union. According to the conducted analysis, the author has proposed to use the system of conventional regulation, considering its adaptation and codification to the current conditions for the goods’ transportation in direct mixed (multimodal) mode in the Russian Federation.

Keywords: goods’ transportation in direct mixed (multimodal) mode; direct mixed (multimodal) freight contract; system of conventional regulation; responsibility; international transport conventions.

References:

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2. Marian, Hoeks. Multimodal Transport Law: The Law Applicable to the Multimodal Contract for the Carriage of Goods / Hoeks Marian / 1st, Kluwer Law International. ― The Hague, 2010.
3. Ulfbeck, V. Multimodal Transports in the United States and Europe / V. Ulfbeck // Global or Regional Liability. ― 2009―2010. ― Rules 34. ― Mar. ― 37.