Anna S. Kulagina. Analysis of judicial practice to identify problematic issues in determining the subject when proving the guilt of a cargo carrier during railway transportation

UDK: 656.862

Anna S. Kulagina - Russian University of Transport (MIIT)

Abstract. The current paper has presented an analysis of judicial practice and current issues related to determining the subject responsible for proving the guilt of the carrier in situations where there is a problem of unsafe cargo during railway transportation. There have been considered such key regulations as Art. 118 UZhT of the Russian Federation and Part 1 of Art. 796 of the Civil Code of the Russian Federation. There have been identified contradictions and discrepancies in the interpretation of these norms by the courts, and proposed recommendations for improving transport legislation in this area.

Keywords: contradictions in legislation; railway transportation; unsafe cargo; carrier’s liability; contract of transportation.


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