Compliance of public places with the requirements of Uzht RF. The meaning of the charter of railway transport of the Russian Federation

During the time that the wagons, containers belonging to the carrier are with the consignees, consignors serving consignees, consignors with their own locomotives of the owners of non-public railway tracks or while waiting for their delivery or acceptance for reasons depending on such consignees, consignors, owners, these persons pay the carrier a fee for use of wagons, containers.

The fee for the use of wagons, containers is not charged for the time when wagons, containers that do not belong to carriers are in places of non-public use.

During the delay of wagons, containers belonging to the carrier along the route, including at intermediate railway stations, due to their non-acceptance by the destination railway station for reasons dependent on the consignees, owners of non-public railway tracks serving the consignees with their locomotives, these persons pay to the carrier payment for the use of wagons, containers, provided that the delay for the indicated reasons led to a violation of the terms of delivery of goods.

The procedure for registering the delay of wagons, containers along the route, including at intermediate railway stations, as well as in anticipation of their delivery or acceptance at the destination railway station, is established by the rules for the carriage of goods by rail.

The amount of payment for the use of wagons, containers is determined by the contract, unless otherwise provided by law Russian Federation.

The paid time for the use of wagons, the loading of goods into which and the unloading of goods from which in public places and in places of non-public use located at railway stations is provided by consignors, consignees, is calculated from the moment the wagons are actually delivered to the place of loading, unloading until the moment the carrier receives from the consignees , shippers of notifications about the readiness of wagons for cleaning.

The paid time for the use of containers, the issuance of which is carried out in public places, is calculated from the moment the containers with cargo are issued to the consignees for unloading or the empty containers are handed over to the consignors for their loading until the containers are returned to the railway stations.

Paid time for the use of wagons, containers for loading cargo, unloading cargo on non-public railway tracks is determined in accordance with the provisions of Chapter IV of this Charter.

The calculation of the payment for the use of wagons of refrigerated sections and wagons as part of couplers is made based on the time of completion of loading cargo into the last wagon of such sections, couplers, and unloading goods from it.

Consignors, consignees, owners of a non-public railway track serving consignees, consignors with their locomotives are exempted from payment for the use of wagons, containers due to:

Force majeure circumstances, hostilities, blockades, epidemics that caused a traffic interruption on the railway siding, and other circumstances under which it is prohibited to perform loading and unloading operations;

Submission by the carrier of wagons, containers in an amount exceeding the number of wagons, containers established by the relevant agreement.

For the presence on the railway tracks of public use, including in public places, of empty freight wagons or wagons with cargo, containers or other railway rolling stock, regardless of their ownership, for reasons beyond the control of the owner of the infrastructure, the carrier pays the owner of the infrastructure a fee for providing public railway tracks for the presence of railway rolling stock on them (hereinafter referred to as the fee for the provision of railway tracks in the transportation process) during the entire time:

Waiting for loading, unloading of goods, delivery, reception of wagons, containers;

Location of wagons under customs operations, including when performing work on the initiative or instruction of the customs authorities or other state control (supervision) bodies, in excess of the time limits established for the performance of these operations by the rules for calculating the terms for the delivery of goods, empty freight cars by rail;

Delays of wagons along the route (including at intermediate railway stations due to non-acceptance by the railway station of destination), if such a delay led to a violation of the delivery time determined at the departure railway station (hereinafter referred to as the estimated delivery time) in accordance with the rules for calculating delivery times cargo, empty freight wagons by rail;

Delays of wagons, containers under loading, unloading over the technological time established by contracts for the performance of these operations.

If, in the cases specified in paragraph eleven of this article, the wagons were on public railway tracks, including in public places, for reasons depending on the consignors (senders), consignees (recipients), owners of non-public railway tracks, these persons shall pay to the carrier payment for the presence of railway rolling stock on public railway tracks, which includes the payment for the provision of railway tracks in the transportation process and other costs and expenses of the carrier associated with such location. If the carrier is also the owner of the infrastructure, the payment for the presence of railway rolling stock on the public railway tracks is paid by the consignor (sender), consignee (recipient), owner of the non-public railway tracks directly to the owner of the infrastructure as a carrier.

Paid waiting time for loading, unloading cargo, delivery, acceptance of wagons, containers is calculated after two hours from the moment the carrier notifies in the manner prescribed by this Charter and the rules for the carriage of goods by rail, about the arrival of goods, empty freight wagons and their readiness for submission, if other times are not established by contracts for the operation of non-public railway tracks or an agreement for the supply and removal of wagons, taking into account the specifics of the technology for servicing specific consignees (recipients), consignors (senders).

If the recipient, in accordance with Article 36 of this Charter, refused to accept empty freight cars for reasons dependent on the sender, the payment for being on the public railway tracks of the rolling stock is paid to the carrier by the recipient until the carrier receives a notification of the recipient's refusal to accept such cars, and by the sender of empty freight wagons from the moment of receipt of this notification.

If empty freight wagons arrived with a delay in their delivery and the recipient refused them in the manner prescribed by Article 36 of this Charter, the fee for being on the public railway tracks of the rolling stock is not charged for three days, during which the sender is obliged to dispose of such wagons. If the sender did not dispose of the empty freight cars (did not present them for transportation in accordance with the established procedure) within three days from the date of receipt of this notification, he pays the carrier a fee for being on the public railway tracks of the rolling stock.

For unrelated to the transportation process, the presence of empty wagons on public railway tracks, including in public places, for reasons depending on the owners of empty freight wagons (including carriers that are such owners), these persons pay the owner of the infrastructure a fee for provision of public railway tracks for the location of railway rolling stock on them that is not involved in the transportation process (hereinafter referred to as the payment for the provision of railway tracks outside the transportation process).

The amount of payment for the provision of railway tracks in the transportation process, the payment for the presence of railway rolling stock on public railway tracks (taking into account the costs and expenses of the carrier associated with such location), the payment for the provision of railway tracks outside the transportation process are determined in the tariff manual.

Consignors (senders), consignees (recipients), as well as owners of non-public railway tracks serving consignors (senders), consignees (recipients) with their locomotives are exempted from paying for the presence of railway rolling stock on public railway tracks in the following cases:

The wagons are on public railway tracks for reasons beyond the control of the consignors (senders), consignees (recipients), owners of non-public railway tracks or wagon owners;

Force majeure circumstances, hostilities, blockades, epidemics have caused a traffic interruption on a non-public railway track, as well as other circumstances have arisen in which it is forbidden to perform loading and unloading operations;

The wagons are not accepted for transportation due to the termination or restriction of acceptance of goods, cargo luggage, empty freight wagons for transportation in the cases provided for in Article 29 of this Charter, for reasons depending on the carrier or infrastructure owner.

To certify the fact that the wagons are on public railway tracks in the cases provided for by this article, an act of a general form is drawn up.

Judicial practice under article 39 of the Federal Law of 10.01.2003 No. 18-FZ

Ruling dated May 17, 2019 in case No. А82-6145/2016

Attached to it, not installed. Having assessed the evidence presented in their totality and interconnection in accordance with the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, guided by Articles 39, 119 of Federal Law No. 18-FZ of January 10, 2013 "Charter of Railway Transport of the Russian Federation", Articles 784, 785 Civil Code Russian Federation, Rules for drawing up acts for the carriage of goods ...

Ruling dated May 6, 2019 in case No. А27-18359/2018

Supreme Court of the Russian Federation

Ruling dated April 30, 2019 in case No. А27-16863/2018

Supreme Court of the Russian Federation

Evidence in their totality and interconnection according to the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, guided by Articles 784, 785 of the Civil Code of the Russian Federation, Article 39 of the Federal Law of 10.01.2013 No. 18-FZ "Charter of Railway Transport of the Russian Federation", Rules for Calculating Terms delivery of goods, empty freight cars by rail, the courts came to the conclusion ...

Ruling dated April 23, 2019 in case No. А83-21065/2017

Supreme Court of the Russian Federation

public interests. There are no such grounds for revising the judicial acts adopted in the case in the cassation procedure on the basis of the applicant's arguments. Partially satisfying the claim, the courts were guided by articles 39, 66 of the Federal Law of 10.01.2003 No. 18-FZ “Charter of the Railway Transport of the Russian Federation” and, having examined and evaluated the evidence presented in the case in accordance with the rules of Article 71 of the Arbitration ...

Decision dated December 29, 2018 in case No. А43-32422/2018

Arbitration court Nizhny Novgorod region(AC of the Nizhny Novgorod region)

production. On September 18, 218, the defendant received a response to the statement of claim, in which he objected to the satisfaction of the claims. The defendant pointed out that, according to part 13 of article 39 of the UZHT RF, the paid waiting time for the delivery of wagons is calculated after two hours from the moment of notification by the carrier. The notification procedure is established by the parties § 6 of the agreement No. 2/199, according to which the notification ...

Adopted by the State Duma on December 19, 1997
Approved by the Federation Council on December 24, 1997

Chapter I. GENERAL PROVISIONS

Article 1 railways Russian Federation (hereinafter referred to as railways) and consignors, consignees, passengers, other individuals and legal entities when using the services of federal railway transport (hereinafter referred to as railway transport), and determines their rights, duties and responsibilities.

This Charter defines the basic conditions for the transportation of passengers, cargo, luggage, cargo luggage, the relationship between railways and other modes of transport, as well as the main provisions in the field of operation of railway access roads.

Article 2 which are unloaded on railway sidings, as well as on railway lines under construction adjacent to railway tracks common use.

Article 3. The following basic concepts are used in this Charter:

consignor (sender) - a natural or legal person who acts on his own behalf or on behalf of the owner of the cargo, luggage or cargo luggage and is indicated in the transportation documents;
consignee (recipient) - an individual or legal entity authorized to receive cargo, baggage or cargo baggage;
railway access track - a railway track adjacent to public railway tracks and intended for servicing certain consignors, consignees;
public places - covered and open warehouses, as well as areas specially allocated on the territory of the railway station, owned by the railway and used for loading, unloading, sorting, storage of goods, luggage, cargo luggage;
places of non-public use - covered and open warehouses, as well as areas specially allocated both on the territory of the railway station and outside it, not owned by the railway or leased by it and used to perform loading and unloading operations;
Rules for the carriage of goods in railway transport - a regulatory legal act issued in accordance with this Charter and containing the conditions for the carriage of goods, obligatory for railways, consignors, consignees, taking into account their characteristics in order to ensure traffic safety, safety of goods and rolling stock, as well as environmental safety;
transportation documents - railway bill of lading, road list, travel document (ticket), baggage receipt, cargo baggage receipt;
collection of rules for transportation and tariffs on railway transport - periodical, which publishes normative acts approved by the federal executive body in the field of railway transport within its competence;
fee - the rate of payment for an additional operation or work not included in the tariff; double operation - use by the consignee of the wagon, container unloaded by him for loading the cargo;
tariff guide - a systematic publication in which the prices approved in the established manner, included in the tariff for works and services of railway transport, fees, the procedure for calculating the rates of payment for the transportation of passengers, cargo, baggage, cargo luggage, the use of wagons, containers are published.

Article 4 legal acts Russian Federation, unless otherwise provided by international treaties of the Russian Federation.

Article 5 these rules and register them with the federal executive body in the field of justice. The rules for the provision of services for the carriage of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs in railway transport are approved by the Government of the Russian Federation.

Features of the organization, provision and performance of military transportation are regulated by the charter of military rail transportation, approved by the Government of the Russian Federation.

Article 6. Railways are obliged to provide passengers, consignors (senders), consignees (recipients) with the necessary and reliable information about the services provided. The specified information at railway stations, at railway stations, on trains and in other places of service for passengers, senders and recipients of baggage, cargo luggage, consignors, consignees is provided in Russian, and may also be provided in other languages, taking into account the interests of the local population.

Article 7. Tariffs for the transportation of passengers, cargo, luggage, cargo luggage are established by the federal executive authorities, which are entrusted with these functions by the legislation of the Russian Federation.

The procedure for calculating the rates of payment for the use of wagons, containers and fees is approved in the manner established by the Government of the Russian Federation.

Information about changes in tariffs for the carriage of goods, as well as fees, is reported in the mass media no later than 10 days before the introduction of such changes by the federal executive body in the field of railway transport.

Information about changes in tariffs for the carriage of passengers, as well as fees, is reported in the media no later than 5 days before their introduction.

Article 8 at the request of the railways and the prices for which are indicated in the tariff manual, are paid by agreement of the parties.

Article 9. Railway stations carry out operations for the reception, loading, unloading and delivery of goods carried by wagonloads and small shipments, in containers, as well as operations for the transportation of passengers, luggage, cargo luggage. Railway stations may open for all or some of the operations.

The railways carry out transportation of passengers, cargo, luggage, cargo luggage between all railway stations open for the performance of relevant operations. The opening and closing of railway stations for the performance of all or some of the operations is carried out by the federal executive body in the field of railway transport on the proposals of the railways. Decisions made published in the collection of rules of transportation and tariffs for railway transport. The decision to close the railway station is made in agreement with the relevant executive authority of the constituent entity of the Russian Federation.

In order to issue transportation documents, provide other services and collect fees for transportation and services at railway stations, commodity offices, baggage and railway ticket offices and other railway departments for servicing passengers, consignors (senders), consignees (recipients) are organized.

Article 10. Carriage of goods, luggage, cargo luggage on railway transport is carried out in wagons, containers belonging to railway transport organizations, as well as in wagons owned or leased to legal entities or individuals or under the economic jurisdiction of legal entities.

Rolling stock intended for the carriage of passengers, cargo, luggage, cargo luggage on public railway tracks, regardless of its ownership, must meet the requirements of the relevant standards, as well as the requirements of the Rules. technical operation railways of the Russian Federation, approved by the federal executive body in the field of railway transport; newly manufactured rolling stock must have a certificate.

After the overhaul wagons, their tare weight is checked.

Containers used for transportation of goods, regardless of their affiliation, must meet the requirements of standards, newly manufactured containers must have certificates.

Article 11 required amount weighing devices.

Weighing instruments are subject to mandatory state verification and branding in accordance with the procedure established by the federal executive body in the field of standardization, metrology and certification.

Railways, in accordance with agreements, may accept for the purpose of technical maintenance (departmental control, repair, control verification) weighing instruments belonging to consignors, consignees, and other legal entities.

Article 12

Article 13 special conditions transportation of such goods and the responsibility of the parties for their safety.

Article 14 The Russian Federation has been entrusted with this function.

Chapter II. ORGANIZATION OF CARGO TRANSPORTATION

Article 15 Loading, unloading, sorting of cargo and containers are carried out in public places and places of non-public use. Places of common use and places of non-public use must have properly equipped facilities and devices for uninterrupted, safe handling of wagons and containers. ensure the safety of goods, as well as meet environmental requirements.

Compliance of public places and places of non-public use with the requirements of this article is ensured at the expense of their owner, compliance of specially allocated areas - at the expense of the consignor or consignee to whom such areas are provided.

Article 16 certain types are carried out in a large volume, equipped with special loading and unloading devices, including overpasses, specialized sites, livestock loading platforms, watering points, treatment facilities, disinfection and washing devices.

Non-public areas are equipped with structures and devices that must ensure the timely execution of the necessary operations for loading, unloading cargo, restoring the flowability of frozen cargo, cleaning, washing wagons, containers after their unloading, as well as the safety of wagons, containers.

Article 17. Railways and consignors in the systematic implementation of the transportation of goods may conclude long-term contracts for the organization of transportation.

The contracts on the organization of transportation determine the volumes, terms and conditions for the provision Vehicle and presentation of goods for transportation, the procedure for settlements, as well as other conditions for organizing transportation. In accordance with these agreements, the railways undertake to accept goods in the stipulated volume within the established time limits, and the consignors undertake to present them for transportation.

Article 18. Carriage of goods by rail is carried out in accordance with applications for the carriage of goods, which are submitted by consignors to the railway departments of dispatch of goods at least 10 days before the start of the carriage of goods, and also at least 15 days before the start of the carriage of goods, sent for export, and in direct mixed traffic. At the request of consignors, if there is a need for urgent transportation of goods, railways may establish deadlines other than those provided for in this article for submitting applications for the carriage of goods within one railway (local traffic) independently, and within several or all railways (direct traffic), for export and in direct mixed traffic in agreement with the federal executive body in the field of railway transport. Transportation of goods intended for liquidation of consequences emergencies are carried out by railways as such goods are presented.

For the introduction, at the initiative of consignors, into accepted applications for the carriage of goods, changes relating to direct communication with the distribution of carriage of goods by destination railways or concerning local communication with the distribution of carriage of goods by railway stations of destination, fees are charged from consignors, including in cases where applications for the carriage of goods are carried out in general, in the amount of:

0.03 size minimum size wages from each ton of cargo - for cargo, the transportation of which is established in wagons and tons;
two sizes of the minimum wage for each wagon, regardless of the type of wagons and the number of axles for goods transported in wagons;
0.1 of the minimum wage for each container with a gross weight of up to 5 tons inclusive, 0.3 of the minimum wage for each container with a gross weight of 5 to 10 tons inclusive, the minimum wage for each container with a gross weight of over 10 tons – for goods transported in containers.

The Railway Administration must consider the submitted application within 3 days for the carriage of goods in direct traffic, within 10 days for the carriage of goods sent for export, and for the carriage of goods in direct mixed traffic, inform the consignor of its acceptance or return it with justification for refusal .

An application for the transportation of goods is submitted to the railway department in triplicate, indicating the volume of transportation of goods in wagons and tons in accordance with the established nomenclature with distribution by type of cargo, railways of destination and dates of loading, and for the transportation of goods within the limits of the railway of departure - from distribution by type of cargo, railway stations of destination and dates of loading.

One copy of the application for the carriage of goods with a mark of its acceptance is sent to the consignor, the other to the head of the railway station of departure. The head of the railway station of departure, together with the consignor, no later than 3 days before the start of the execution of the application for the carriage of goods, specifies the number of wagons, containers necessary for the supply by day, type of cargo and railways. The specified data are entered into the registration card, which is signed by the head of the railway station and the consignor at the end of each reporting day.

At the request of shippers, railways have the right to:

allow, in exceptional cases, intra-station (within one railway station) transportation of goods. Such transportations of goods are included in the applications and are taken into account in the performed volume of transportations of goods;
to replace the covered rolling stock provided for in the application for the carriage of goods by an open rolling stock, if the carriage of goods in an open rolling stock is allowed by the rules for the carriage of goods in railway transport, as well as to replace an open rolling stock of one type with another;
change the destination railways and destination railway stations provided for by applications for the carriage of goods.

Article 19

Article 20 Carriage of goods shall be carried out at freight or high speed. The criteria for determining the speed of cargo transportation, as well as the railway directions along which cargo is transported at high speed, are established by the federal executive body in the field of railway transport. The list of the specified directions is subject to publication in the collection of rules of transportation and tariffs on railway transport.

The speed of transportation of goods is chosen and indicated in the railway consignment note by the consignor. If only high speed is allowed for these goods, the shipper must indicate this speed.

Article 21 Payment for the carriage of goods shall be collected for the shortest distance over which the carriage of goods is carried out, including in the case of an increase in the distance over which the carriage of goods is carried out, for reasons depending on the railway. The procedure for determining such a distance is established by the federal executive body in the field of railway transport.

In the cases specified in the tariff manual, the payment for the carriage of goods is charged based on the actual distance travelled.

Article 22 having a track of different widths, are carried out in accordance with the rules for the carriage of goods by rail.

Article 23 Consignors may present goods prepared for transportation with a declaration of their value.

Declaration of the value of precious metals (stones), products made from them, objects of art, antiques and other artistic products, video and audio equipment, electronic computers and copying equipment, prototypes of machines, equipment, instruments, goods for personal (household) ) needs transported unaccompanied, mandatory.

For the declared value of goods, the charges specified in the tariff manual are charged.

Article 24 For the escort and protection of such cargo, shippers are charged the fees specified in the tariff manual.

The list of goods guarded and escorted along the route by representatives of consignors or consignees is determined by the rules for the carriage of goods by rail.

Cargoes not included in the lists provided for by this article may be accompanied by representatives of consignors, consignees and, in accordance with agreements with railways, employees of the paramilitary guards of the federal executive body in the field of railway transport.

Article 25. Consignors are obliged to prepare goods for transportation in such a way as to ensure the safety of movement, the safety of goods, wagons, containers.

Requirements for tare and packaging of goods, the quality of products transported by railroads must be provided for by standards, technical specifications approved by the relevant organizations in agreement with the federal executive body in the field of railway transport.

Article 26. The consignor bears property liability for emergencies that have arisen through his fault, pollution of the environment, interruptions in the movement of trains and reimburses the costs of eliminating such situations. A similar responsibility is borne by the railway in the event of such situations arising through its fault.

In the event of an emergency during the transportation of goods, the consignor, the consignee are obliged, when reporting by the railway, to ensure the immediate dispatch of a mobile unit or their representative to the scene of the incident.

Article 27. About the time of submission of wagons, containers for loading carried out by consignors, employees of railway stations notify consignors no later than two hours before the submission of wagons, containers for loading.

The railway is obliged to supply for loading serviceable, inside and outside cleaned, if necessary washed and disinfected, suitable for the carriage of specific goods, wagons, containers with removed fasteners, with the exception of non-removable ones.

Preparation for loading tanks, bunker gondola cars belonging to railway transport organizations is carried out by the railway or shippers at the expense of the railway in accordance with the agreements concluded between them.

Preparation for loading of specialized tanks that do not belong to railway transport organizations or leased to them is carried out by consignors.

Commercial suitability of wagons, containers (the condition of the cargo compartments of wagons, containers suitable for the carriage of specific goods, as well as the absence of foreign smell inside them, other adverse factors affecting the state of goods during loading, unloading and en route, features of internal body structures wagons, containers) for the carriage of specific goods is determined in relation to:

wagons - by consignors, if loading is carried out by them, or by the railway, if loading is carried out by it;
containers - shippers.

Before loading tanks, shippers check the tightness of tank boilers, the technical serviceability of fittings and universal tank drain devices.

Consignors have the right to refuse wagons, containers unsuitable for the carriage of specific goods, and the railway is obliged to replace the specified wagons, containers with serviceable wagons, containers suitable for the carriage of such goods.

The railway, when supplying loaded wagons to the siding in the order of dual operations, determines their technical suitability for loading specific goods.

Article 28

by rail in public places with the necessary devices and mechanisms, with the consent of consignors, consignees, with the exception of dangerous and perishable goods; raw products of animal origin; cargo, the weight of one piece of which is more than 0.5 tons and which is transported in a covered wagon; oversized cargo; cargoes transported in bulk, in bulk and in bulk, in specialized rolling stock, accompanied by representatives of consignors, consignees. For the loading and unloading of goods, the railway collects from consignors, consignees a fee in the amount specified in the tariff manual;

consignors, consignees in places of non-public use, as well as in places of common use, if loading, unloading of goods is not obligatory for the railway.

Loading of goods into containers and unloading of goods from containers in public places and places of non-public use are carried out by consignors, consignees.

Article 29. Loading of goods into wagons, containers must be carried out on the basis of the technical standards for their loading established by the federal executive body in the field of railway transport, but must not exceed the carrying capacity of wagons, containers according to the stencils indicated on them.

Placement and fastening of goods in wagons, including in open rolling stock, and containers are carried out in accordance with the requirements of the technical conditions for the placement and fastening of goods in wagons and containers, approved by the federal executive authority in the field of railway transport.

The list of goods, the transportation of which is allowed in open rolling stock, as well as the lists of goods that can be transported in bulk, in bulk, are established by the federal executive body in the field of railway transport and are subject to publication in the collection of rules for transportation and tariffs on railway transport.

Article 30. The equipment, materials, packaging means and other devices necessary for loading, securing and transportation of goods shall be provided by the consignors. The installation of such devices during loading and their removal during unloading are carried out by consignors, consignees or the railway, depending on who is loading and unloading.

Information about the installation of devices by consignors is indicated in the railway bills of lading, and such devices are issued to the consignee along with the cargo.

Article 31. When presenting cargo for transportation, the consignor must present for each shipment of cargo a duly drawn up railway bill of lading and other documents provided for by the relevant regulatory legal acts. The indicated railway bill of lading and the receipt issued on its basis to the consignor confirming the conclusion of the contract for the carriage of goods.

In accordance with the contract for the carriage of goods, the railway undertakes to timely and safely deliver the goods to the railway station of destination in compliance with the conditions of its transportation and release the goods to the consignee, the consignor undertakes to pay for the carriage of the goods.

The federal executive authority in the field of railway transport develops and approves shipping documents for the carriage of goods on public railways, the forms of which are published in the collection of rules for transportation and tariffs for railway transport.

In confirmation of the acceptance of cargo for transportation, the railway is obliged to affix a calendar stamp in the railway consignment note. The receipt of acceptance of the goods is issued to the consignor against signature in the appropriate column of the back of the road sheet.

The railway issues to the consignor, consignee forms of railway bills of lading and applications for transportation, as well as at the request of the consignor, consignee according to the actual costs, copies of documents, including accounting cards, lists of supply and cleaning of cars, memos of acceptors, for a fee.

Article 32. When presenting goods for transportation, the consignor must indicate in the railway bill of lading their weight, and when presenting packaged and piece goods, also the number of packages.

It is not allowed to determine the mass of goods by calculation, by measuring goods, if their loading to the full capacity of wagons, containers may result in an excess of the permissible carrying capacity of wagons, containers.

The determination of the mass of goods is carried out:

by railways when loading in public places;
shippers when loading in non-public areas.

Determination of the mass of cargo according to the stencil, in accordance with the standard, by calculation, by measurement is carried out by shippers.

For the weighing of goods, the railways charge fees specified in the tariff manual.

Article 33. The consignor shall bear property liability provided for by this Charter for the accuracy of the information entered in the railway bill of lading, as well as for the consequences that have arisen as a result of unreliable, inaccurate or incomplete information indicated by the consignor in the railway bill of lading.

The railways have the right to selectively check the conformity of the mass of goods and other information indicated in the railway bill of lading with the data entered by the consignors in such bills of lading.

For unreliable, inaccurate, incomplete indication of information about goods, the transportation of which requires special precautions, for the dispatch of goods prohibited for transportation or for incorrect indication of the properties of goods, shippers bear property liability, provided for in Article 113 of this Charter.

Article 34. Loaded wagons, containers must be sealed by the railways, if the goods are loaded by the railways, or by the shippers, if the goods are loaded by the shippers.

Covered wagons, containers, when transporting goods in them for personal (domestic) needs, must be sealed by railways or freight forwarding organizations at the discretion and at the expense of the consignors.

In the case of opening wagons, containers for customs inspection, their sealing with new locking and sealing devices is carried out by the customs authorities.

The procedure for sealing wagons, containers with locking and sealing devices, as well as. the list of goods, the carriage of which is allowed in wagons, containers without locking and sealing devices, is established by the rules for the carriage of goods by rail.

Locking and sealing devices and devices for their removal are provided by the railways to consignors, consignees according to the actual costs for a fee.

Article 35 the railway transport area on such termination or restriction. The specified head establishes the period of validity of the termination or restriction of the loading of goods, luggage, cargo luggage and announces this to the heads of all railways.

Temporary suspension of the loading of goods, luggage, cargo luggage in certain railway directions due to the circumstances prevailing on the railways is allowed only in exceptional cases, as directed in writing by the head of the federal executive body in the field of railway transport with immediate notification of the Government of the Russian Federation.

The railways notify the consignors (shippers) of the termination and restriction of loading of goods, luggage, cargo luggage. Consignors (senders), within 12 hours after receiving notifications from the railways, are obliged to suspend or limit to the established sizes the loading of goods, baggage, cargo luggage in certain railway directions.

Article 36 regulations Central Bank of the Russian Federation.

The payment for the carriage of cargo and other payments due to the railway are paid by the consignor, as a rule, before the moment of departure of the cargo from the railway station, unless otherwise provided by this Charter or the agreement. In case of untimely payment of the specified fees and charges, the dispatch of cargo by the railway may be delayed.

Until the payment for the carriage of goods and other payments due to the railway for the previous carriage of goods, the supply of wagons and containers for the next loading of the goods is terminated. In exceptional cases, the supply of wagons, containers for loading cargo can be carried out at the direction in writing of the head of the railway of departure, agreed with the federal executive body in the field of railway transport.

The head of the railway of departure, upon agreement in accordance with the established procedure with the consignor and consignee, may decide to pay at the railway station of destination a fee for the carriage of goods and other payments due to the railway in the case of carriage of goods in local traffic, and in the case of carriage of goods in direct traffic, as agreed with the federal executive body in the field of railway transport. Upon agreement, guarantees should be provided for the payment of payment for the carriage of goods and other payments due to the railway, as well as the actions of the parties in case of violation of their obligations.

The final settlements related to the transportation of cargo are made by the consignee upon the arrival of the cargo at the destination railway station.

The payment for the transportation of goods and other payments due to the railways are paid in cash, bank checks and payment orders accepted by the bank, as well as by other means provided for by the legislation of the Russian Federation.

The term for payment at the railway station of departure of the payment for the carriage of goods and other payments due to the railway is the date of acceptance of the goods for transportation. The settlement term at the railway station of destination is the date of delivery of the goods to the consignee indicated in the railway bill of lading.

In case of untimely settlements for the carriage of goods due to the fault of the consignor or consignee, penalties are collected from him in favor of the railway in accordance with the legislation of the Russian Federation. Before making at the railway station of destination all payments due to the railway, the wagons, containers are at the responsible demurrage of the consignee and he is charged a fee for the storage of cargo or a fee for the use of wagons, containers.

Article 37. The railway, at the request of the consignor or consignee, re-addresses the transported cargo with a change in the consignee or railway station of destination. At the same time, the redirection of cargo under customs control, is carried out with the consent of the relevant customs authority. If the transportation of cargo threatens the health and life of people, traffic safety, environmental safety, the redirection of cargo under customs control is carried out without the consent of the customs authority. The railway is obliged to notify the relevant customs authority of such redirection.

For redirecting cargo, the railway charges a fee in the amount specified in the tariff manual.

Article 38 In the event of a change in the consignee or railway station of destination, the party at the request of which such a change is made is responsible to the original consignee for the consequences of such a change and is obliged to settle the settlements between the consignor, the original consignee and the actual consignee.

Article 39. Railways are obliged to deliver goods, including those for personal (domestic) needs, to the destination and within the established time limits.

The terms for the delivery of goods and the rules for calculating such terms are approved by the federal executive body in the field of railway transport in agreement with the federal executive body in the field of economics. Consignors and railways may provide for a different delivery time for goods in transportation agreements.

Calculation of the term of delivery of goods starts from 24 hours of the day of receipt of goods for transportation.

The date of receipt of goods for transportation and the date of expiration of the delivery of goods is indicated by the railway station of departure in the receipts issued to shippers on the receipt of goods.

Goods are considered delivered on time if the goods are unloaded by the railway at the destination railway station or if the wagons, containers with goods are submitted for unloading to the consignees before the expiration of the established delivery time.

Cargoes are also considered to be delivered on time if they arrive at the destination railway station before the expiration of the established delivery period and there is a delay in the delivery of wagons, containers with such cargoes due to the fact that the unloading front is busy, the freight transportation fee and other payments due to the railway have not been paid, or due to other reasons depending on the consignees, about which an act of a general form is drawn up.

For non-compliance with the terms of delivery of goods, except for the cases specified in Article 35 of this Charter, the railway pays penalties in accordance with Article 111 of this Charter.

Article 40. The railway is obliged to notify the consignee of the goods arrived at his address no later than at 12 noon on the day following the day of arrival of the goods. The procedure and methods of notification are established by the head of the railway station of destination. At the suggestion of the consignee, a different notification procedure may be established.

If the railway does not notify the arrival of goods, the consignee is exempted from payment for the use of wagons, containers and from the fee for storage of goods until notification of their arrival.

On the arrival at the railway station of destination of goods under customs control, the railway is obliged to notify the appropriate customs authority.

The railway station notifies the consignee of the time of delivery of wagons, containers with cargo to the place of unloading of goods by the consignee no later than two hours before the announced delivery of wagons, containers.

The railway may, in accordance with the contract, provide the consignee with preliminary information about the approach of goods to his address.

Article 41. The cargo is released at the railway station of destination to the consignee after he has paid the payment for the carriage of the cargo and other payments due to the railway.

Confirmation of the issuance of the goods is the signature of the consignee in the road list.

If the consignee evades payment for the transportation of cargo and other payments due to the railroad, the railroad has the right to retain the cargo with a written notification of this to the consignor, who is obliged to dispose of the cargo within four days after receiving such notification. If, within the specified period, the consignee does not take appropriate measures to pay the payment for the carriage of cargo and other payments due to the railway and the consignor does not dispose of the cargo, the railway has the right, unless otherwise provided by the contract of carriage, to sell the retained cargo, with the exception of:

cargo withdrawn from circulation and restricted in circulation in accordance with federal laws;

special, including military, cargo intended to meet state and defense needs;

cargo, the payment for the carriage of which and other payments due to the railway are paid at the railway station of destination as agreed, provided for in Article 36 of this Charter.

In the event that the seized cargo is sold by authorized government bodies, as well as the cargo from which the consignee, the consignor refused in favor of the state, the amount of payment for the carriage of cargo and other payments due to the railway are transferred by the indicated authorities to the railway on which the cargo was seized or abandoned, at the expense of funds received from the sale cargo.

Article 42 relationship with the shipper.

The consignee may refuse to accept the cargo only if the quality of the cargo has changed as a result of deterioration or damage to the extent that the possibility of full or partial use of such cargo is excluded.

Property liability for damage to cargo due to untimely unloading and removal of cargo by the consignee or delay of wagons on railway sidings and railway station for reasons dependent on the consignee shall be borne by the consignee.

Article 43. Arrived goods, containers to be unloaded and issued in public places are stored at the destination railway station free of charge for 24 hours. The specified period is calculated from 24:00 of the day of unloading of goods, containers by the railway or from 24:00 of the day of delivery of wagons, containers with goods by the railway to the designated place of unloading for unloading of goods by the consignee. For the storage of goods at the railway station of destination beyond the specified period, the fee specified in the tariff manual is charged. The terms and procedure for the storage of goods at the railway station of destination are established by the rules for the carriage of goods by rail.

Article 44. During the time spent by the consignors, consignees of wagons, containers or while waiting for their delivery or acceptance for reasons depending on the consignors, consignees, they pay the railways the hourly fee specified in the tariff manual (fee for the use of wagons, containers).

Rates of payment for the use of wagons, containers are set differentially depending on the conditions for the supply of wagons to the railway siding, removal of wagons from the railway siding, wagon turnover and the type of wagons, containers.

In the event of a delay in acceptance by consignees, consignors of wagons, containers belonging to them or leased from railway transport organizations, the railways charge a fee for the time such wagons, containers are on public railway tracks in the amount of 50 percent of the fee indicated in the tariff manual for the use of wagons, containers.

The payment for the use of refrigerated wagons of refrigerated sections or trains is calculated based on the end time of loading and unloading of the last wagon of such sections or trains.

On railway lines with a narrow gauge, the fee for the use of wagons specified in the tariff manual is reduced by 50 percent.

Article 45. At the destination railway station, the railway checks its condition, weight and number of pieces at the destination railway station in the following cases:

arrival of cargo in a faulty wagon, container, as well as in a wagon, container with damaged locking and sealing devices or locking and sealing devices of associated railway stations;
arrival of cargo with signs of shortage or damage or deterioration during the transportation of cargo in open railway rolling stock;
arrival of perishable cargo in violation of the term of its delivery or in violation of the temperature regime when transporting cargo in a refrigerated wagon;
arrival of cargo loaded by rail;
delivery of cargo unloaded by the railway in public places.

In the cases specified in this article or in cases of discovery of circumstances that may affect the condition and weight of tare and piece goods, the railway, upon release, checks the condition and weight of such goods in damaged containers and (or) packaging.

If the consignee and the railway station of destination do not have wagon scales, goods transported in bulk and in bulk, which arrived without signs of shortage, are issued without checking their weight.

The mass of cargo is considered correct if the difference between the mass of cargo determined at the railway station of departure and the mass of cargo determined at the railway station of destination does not exceed the measurement error of the net mass of such cargo, as well as the rate of natural loss of its mass established by the body authorized by the Government of the Russian Federation .

At the request of the consignee, the railway may, in accordance with the contract, participate in checking the condition of the cargo, its weight, and the number of pieces.

The presence on a wagon, container of a locking and sealing device of the customs authority is not a basis for checking by the railway when issuing the cargo of its condition, weight and number of pieces, except for the cases provided for by this article.

Article 46

the destination station is obliged to determine the amount of the actual shortage, damage (spoilage) of the cargo and issue a commercial act to the consignee. If it is necessary to conduct an examination, the railway, on its own initiative or at the request of the consignee, invites experts or relevant specialists.

Article 47

fee for storage of unloaded cargoes, containers - in the amount of up to five times its size;
payment for the use of wagons, containers delayed for more than 24 hours - in the amount of up to its double size.

An increase in the specified fee, fee is introduced after 24 hours after notification in writing to the consignee.

Article 48 , if the unloading of goods was carried out by him, or by the railway, if the unloading of goods was carried out by it. Cleaning, washing and, if necessary, disinfection of wagons after the transportation of animals, poultry, raw products of animal origin and perishable goods are carried out by the railways at the expense of the consignees.

The basic requirements for the cleaning of wagons, containers and the criteria for such cleaning are determined by the rules for the carriage of goods by rail.

After unloading by the consignees of malodorous and polluting cargoes, the wagons are washed by the consignees. The list of such goods is established by the rules for the carriage of goods by rail. If the consignees do not have the opportunity to wash the wagons, their washing is carried out by the railways in accordance with the contract.

In case of violation of the requirements set forth in this article, the railways have the right not to accept wagons and containers from consignees after unloading or unloading, containers until the specified requirements are met. In such cases, consignees are charged for the use of wagons, containers for the entire time of their delay.

Article 49 reasons, the deadlines for the storage of goods, luggage, cargo luggage have expired, the railway requests the recipient and sender of goods, luggage, cargo luggage about their future fate.

In case of non-submission by the consignee (recipient) and the consignor (sender) of a decision on the fate of cargo, baggage. cargo luggage, within four days after receiving the request, the railway may return such cargo, luggage, cargo luggage to the sender or sell them if it is impossible to return them for the reasons specified in this article.

Article 50. In the event of a consignor's violation of the requirements established for exported goods, if such violation caused customs authorities or other bodies authorized to carry out state control, wagons, containers with export cargo at border and port railway stations, and the impossibility of transferring such cargo due to the indicated reasons to sea, river transport or foreign railways, the consignor shall pay the railway a fine in the amount of 45 and 15 times the minimum wage, respectively, per wagon and container.

If the consignor fails to take measures in relation to goods delayed for the indicated reasons within 10 days, and in relation to perishable goods within 4 days from the date of receipt from the railway of a notice of the delay of wagons, containers, the railway has the right to return the goods to the consignor at his expense or, unless otherwise provided by the contract of carriage, to sell the goods. In this case, the consignor, guilty of demurrage of wagons, containers at the railway station beyond the specified time, shall bear property liability, provided for in Articles 115 and 117 of this Charter.

Article 51 In the cases provided for in Article 49 of this Charter, the sale of goods, luggage, cargo luggage is carried out on the basis of a decision of the head of the federal executive body in the field of railway transport.

The sale by the railway of goods, luggage, cargo luggage in the cases provided for by this Charter is carried out in accordance with the contract of sale based on the price of goods, luggage, cargo luggage, confirmed by payment documents, or the relevant agreement in the absence of such documents, or the agreement based on the price , which, under comparable circumstances, is usually charged for similar goods.

The procedure for accounting for goods sold, baggage, cargo luggage and settlements for them is established by the federal executive body in the field of railway transport.

Article 52 to the consignee (recipient) in case of payment by him of the cost of goods, baggage, cargo luggage or their consignor (sender) in all other cases.

If it is impossible to transfer the specified amount to the consignee (recipient), consignor (sender) for reasons beyond the control of the railway, the specified amount after the expiration of the limitation period is subject to transfer to the federal budget.

The amount received by the railway for the realized goods, luggage, cargo luggage, if there are no documents on them, is transferred to the deposit account of the federal executive body in the field of railway transport to reimburse the amounts paid by the railway for cargo, luggage, cargo luggage that did not arrive at their destination. If the consignor (sender) or consignee (recipient) fails to claim the specified amount, it shall be transferred to the federal budget after the expiration of the limitation period.

Chapter III. RAILWAY ACCESS ROADS

Article 53. Adjacency of railway sidings to railways of general use is permitted by the federal executive body in the field of railway transport or, on his behalf, by the head of the relevant railway in agreement with the relevant local self-government bodies.

The construction and reconstruction of railway sidings, as well as devices designed for loading, unloading and cleaning wagons, containers, are carried out in agreement with the railway to which the railway sidings adjoin, and when transporting goods, the volume of which is 5 million tons or more in year, in agreement with the federal executive body in the field of railway transport. The construction of new railway sidings is also carried out in agreement with the relevant local authorities.

The design and condition of the structures of railway sidings and track devices must comply with the requirements of building codes and regulations and ensure the passage of wagons with the permissible technical load on the railways of general use, as well as the passage of locomotives allocated by the railway for servicing railway sidings.

Railway sidings that do not belong to the railways may be transferred to the railways in accordance with the contract, including for maintenance.

Article 54

Each railway siding must have technical certificate, plan and longitudinal profile, drawings of artificial structures. On railway sidings with a car turnover of 100 wagons or more per day or with an average daily loading, unloading of 50 wagons or more, in accordance with an agreement between the consignor and the railway or between the consignee and the railway, subdivisions of the railway may be organized to serve such a consignor, consignee.

Article 55. Railway sidings, their structures and devices must ensure the rhythmic loading and unloading of goods, shunting work in accordance with the volume of traffic, as well as the rational use of railway rolling stock.

Adjacency of railway sidings under construction to existing railway sidings is allowed with the permission of:

railway in case the railway sidings belong to the railway;
organization or individual who owns these railway sidings, with the notification of the relevant railway.

Article 56

Article 57 in the field of rail transport.

Employees responsible for loading, securing and unloading cargo must pass an examination of their knowledge of the technical conditions for placing and securing cargo in railway rolling stock.

The procedure for conducting the checks of knowledge of employees specified in this article is established by the federal executive body in the field of railway transport.

Article 58 unloading of goods from wagons, containers belonging to the organization of railway transport.

If faults are found on the railway siding that threaten traffic safety, the safety of railway rolling stock or transported goods and containers, these representatives draw up an act. On the basis of this act, the head of the relevant railway station or the auditor for traffic safety prohibits the supply of railway rolling stock to the railway siding or its section specified in the act, until the malfunctions are eliminated.

Property liability for non-compliance with the requirements for the filing, delay, cleaning of wagons, protection of goods, fulfillment of the accepted application for the carriage of goods shall be borne by the owner of the closed railway access track, its section.

Article 59 If such an organization or such natural person does not have a locomotive, the supply, cleaning of wagons and shunting work are carried out on railway sidings by a locomotive belonging to the railway transport organization. For the operation of such a locomotive, a fee is charged in the amount indicated in the tariff manual.

Article 60 For the operation of a locomotive owned by a railway transport organization, for the supply and removal of wagons, a fee is charged in the amount indicated in the tariff manual.

The owners of railway sidings, consignors, consignees provide lighting for these tracks within the territory they occupy and the fronts of loading, unloading cargo, and also clean the railway sidings from debris and snow.

Article 61 united technological processes. These agreements the procedure for the supply and cleaning of wagons, as well as the terms for the turnover of wagons, containers on railway sidings are established.

Article 62. The protection of loaded and empty wagons on railway sidings taken from the railway is carried out by the receiving party and at its expense.

Article 63 are governed by an agreement between them. Relations between the counterparty and the railway when servicing the railway siding with a locomotive owned by a railway transport organization are regulated by an agreement for the supply and removal of wagons concluded between them. The duties and responsibilities of the owner of a railway siding and counterparties of such an owner in terms of organizing the transportation of goods are the same.

Article 64

Article 65 readiness of wagons for cleaning.

The time spent by wagons, containers on railway sidings not serviced by a locomotive belonging to a railway transport organization is calculated from the moment of transfer of the wagons to the consignors, consignees on the railway exhibition tracks until the moment they return to the railway exhibition tracks. The place and procedure for the transfer of wagons, containers to railway sidings, railway exhibition tracks and their return back are established by agreements.

Consignors, consignees, railways and other organizations are not entitled to use wagons, containers that do not belong to them for their own transportation, storage of goods and are not entitled to use them for loading without the permission of the owners, unless this is provided for by the relevant agreements. For non-compliance with such a requirement, the guilty party shall bear property liability in accordance with Article 114 of this Charter.

Article 66 way, located on the territory of the consignor, consignee. When using such a route without the specified consent, the railway shall bear property liability in an amount similar to the amount of property liability established by Article 114 of this Charter for unauthorized occupation of wagons, containers.

Article 67. Contracts related to the operation of railway sidings and contracts related to the supply and removal of wagons shall be concluded for a period of five years.

These contracts are signed by the head of the railway (on his behalf by the head of the railway station) and the owner of the railway siding (on his behalf by the service organization).

Contracts related to the operation of railway sidings, and contracts related to the supply and removal of wagons, provide for the procedure for changing the terms of such contracts before the expiration of their validity in cases of changes technical equipment or technology of operation of a railway station or railway sidings. Disagreements under contracts related to the operation of railway sidings, and contracts related to the supply and removal of wagons, are considered and resolved by the head of the railway and the owner of the railway siding.

If no agreement is reached, disputes are considered in the manner prescribed by the legislation of the Russian Federation. On issues of ensuring traffic safety and the safety of railway rolling stock, containers, decisions are made by the head of the railway.

Until the resolution of disputes, all relations between the parties are governed by previously concluded agreements.

Chapter IV. CARGO SHIPMENT IN DIRECT MIXED TRANSPORT

Article 68 by car. Transportation of goods in direct mixed traffic is carried out on the basis of a single transport document (consignment note) drawn up for the entire route of the goods.

Article 69 Rules for the carriage of goods in direct mixed traffic are developed and approved jointly by the federal executive authority in the field of railway transport and the relevant federal executive authority in the field of transport with their subsequent registration with the federal executive authority in the field of justice.

In the part not provided for by this Charter, the norms of codes, charters, tariff guidelines, rules governing the transportation of goods by transport of the corresponding type are applied.

Article 70

railway stations open for cargo transportation operations;
sea ​​and river ports (hereinafter referred to as ports), automobile stations, airports, provided for by the lists established by the relevant federal executive authorities in the field of transport.

Ports, automobile stations, airports are considered included in the direct mixed traffic from the moment of notification of this, transmitted by telegraph or other written notification method, with the subsequent publication of a list of such ports, automobile stations, airports in the collections of transportation rules and tariffs of the relevant federal executive authorities in the field of transport.

Article 71

The list of perishable and dangerous goods or cargo, which must be accompanied by representatives of consignors, consignees, is established by the rules for the carriage of goods in direct mixed traffic.

Article 72. The transfer of goods in sealed wagons at transshipment points is carried out with a simultaneous check of the serviceability of the installed locking and sealing devices and the compliance of the information on them with the data specified in the transportation documents.

Cargoes following in a direct mixed railway-water communication are weighed at transshipment points at the request of the party receiving the goods, when they are transferred from one mode of transport to another on wagon scales by railways, on commodity scales by ports.

The weighing of cargoes following in direct mixed railway-road traffic is carried out by the party that loads and unloads the transferred cargoes at the transshipment point, in the presence of a representative of the organization of transport of an adjacent type.

In the absence of weighing devices from the party carrying out loading and unloading of goods at the transshipment point, the transfer of goods is carried out in accordance with their weight indicated in the bill of lading.

Packaged and piece goods accepted for transportation both in covered and open railway rolling stock in accordance with the standard or with their weight indicated by the consignor on each package, and arrived at the transshipment point in good packaging, are transferred from vehicles of the same type to transport of another type without weighing in accordance with the number of seats and in the same order are issued to the consignee at the destination. If there are signs of loss, shortage or damage (spoilage) of goods, they are transferred in accordance with their weight and actual condition.

When transferring goods transported in containers, the condition of the containers and the serviceability of the locking and sealing devices are simultaneously checked.

Article 73

Article 74 authorities in the field of railway transport.

Article 75. Cargo delivered to the transshipment points before the announced deadline for the acceptance of cargo is accepted by the ports from the railways without hindrance. If such goods cannot be delivered to their destinations by water transport due to the termination of navigation, the ports are obliged, in agreement with the shippers, to determine how to deal with such goods.

Cargo delivered to the transshipment points after the announced deadline for the receipt of goods, may be handed over to the ports with their consent for storage. If the ports refuse to accept cargo for storage, the railways, in agreement with the shippers, determine how to deal with the cargo.

Cargoes that followed in a direct water-railway traffic and were not delivered to the transshipment points due to the closure of navigation, must be sent by another port to their destination in direct rail traffic with the consent in writing of the consignors.

In these cases, the terms of delivery of goods are increased by the time of their delay.

Article 76

ports when reloading cargo from sea, river vessels and from port warehouses to wagons, as well as from wagons to sea, river vessels and port warehouses;

by railways when reloading goods from wagons and from warehouses of railway stations to cars, as well as from cars to wagons and warehouses of railway stations.

Article 77 Such work may be carried out by the railway in accordance with the agreement between it and the port. The equipment of wagons for the transportation of perishable goods with ovens is carried out by the railway.

The necessary equipment, materials, means of packaging and other devices for loading, securing and transporting goods in wagons and on sea and river vessels are provided by shippers.

The cost of the work provided for by this article (including the cost of materials) is indicated after their completion in the bill of lading in order to collect the cost of such work from the consignees.

Article 78. Railway tracks in ports intended for the carriage of goods in direct mixed railway-water traffic belong to the railways.

Construction and reconstruction in ports of railroad warehouses intended for the reception and dispatch of goods following in a direct mixed railway-water traffic are carried out by the ports in accordance with projects agreed with the railways and other interested organizations.

Article 79. The conditions for the operation of railway stations, ports, and other organizations participating in direct mixed traffic are determined by the relevant key agreements concluded for a period of five years.

In the event of a change in the technical equipment or technology of the port or railway station, the hub agreement, at the suggestion of one of the parties, may be fully or partially revised before its expiration.

The procedure for the development and conclusion of key agreements is established by the rules for the carriage of goods in direct mixed traffic.

Disputes arising from the implementation of key agreements are considered in the manner prescribed by the legislation of the Russian Federation.

Article 80. The total time for the delivery of goods in direct mixed traffic is determined on the basis of the total time for their delivery by rail and other types of transport and is calculated on the basis of the rules for calculating the time for delivery of goods in force in the transport of the corresponding types.

In case of violation of the general term for the delivery of goods in direct mixed traffic, the party responsible for the delay is liable for the delay in the delivery of goods.

Article 81

at railway stations of departure from consignors based on the distances for which goods are transported by rail;
in ports - points of transshipment or ports of destination from consignors or consignees based on the distances over which goods are transported by waterways.

The payment for the carriage of goods in direct mixed water-rail traffic is charged:

in ports of departure from consignors based on the distances over which goods are transported by waterways;
at railway stations - points of transshipment from consignors or consignees based on the distances over which goods are transported by rail.

Payment for the carriage of goods may be made by forwarders acting on behalf of consignors, consignees.

For the supply of wagons to ports and the removal of wagons from ports by locomotives owned by railway transport organizations, fees are charged, specified in the tariff manual.

Article 82. Accounting for the fulfillment of the norm for the transshipment of goods established in accordance with the nodal agreement is kept in record cards separately both in relation to goods transferred from rail transport to water transport, and in relation to goods transferred from water transport to rail transport.

The forms of registration cards and the procedure for their preparation are established by the rules for the carriage of goods in direct mixed traffic.

Article 83. For non-fulfillment of the norm of transshipment of goods following in a direct mixed railway-water communication, railways, ports bear property liability similar to property liability for failure to comply with accepted applications for the carriage of goods, established by Article 105 of this Charter.

Railways, ports are released from property liability for non-fulfillment of the norm of transshipment of goods on certain days due to:

force majeure, hostilities, blockades, epidemics or other circumstances that prevent the transshipment of goods and in which it is prohibited to carry out operations for loading, unloading goods, as well as accidents in transport organizations;
termination or restriction of transportation of goods in the prescribed manner;
overfulfillment or replenishment during the first or second half of the month, respectively, of underloads in accordance with the norm of transshipment of goods.

During the time that wagons, containers are in ports for loading, unloading, transshipment of goods and at railway stations due to the impossibility of supplying wagons for loading, unloading, transshipment for reasons depending on the ports, they are charged for the use of wagons, containers, specified in the tariff manual .

For excess demurrage of sea and river vessels due to non-delivery of wagons, the railway shall bear property liability established by Article 116 of this Charter.

Article 84. For the delay of wagons, containers at transshipment points due to the fault of consignors, they shall be fined in the amount established by Articles 115 and 117 of this Charter.

For the delay of wagons, containers with goods sent for export, as well as with goods received through import, at customs and border control points through the fault of customs and border authorities, fines are collected from such authorities in the amounts established by Articles 115 and 117 of this Charter.

Article 85

The protection of loaded and empty wagons in the ports is carried out by the ports.

Removal of locking and sealing devices from wagons delivered to transshipment points for unloading, as well as sealing of wagons loaded at transshipment points with goods transported in direct mixed traffic, is carried out in accordance with the rules for the carriage of goods in direct mixed traffic.

The property liability of railways and transport organizations of other types for the non-safety of goods accepted for transportation in direct mixed traffic is determined by the relevant transport charters and codes.

When establishing the fault of railways, shipping companies, ports in the loss, shortage or damage (spoilage) of goods, the responsibility is borne by the railways, shipping companies, ports, respectively.

Chapter V. CARRIAGE OF PASSENGERS, BAGGAGE AND CARGO Luggage

Article 86 Railways must ensure the timely transportation of passengers and the delivery of luggage, cargo luggage, the safety and quality of passenger service at stations and trains, the creation of the necessary amenities for passengers, the safety of the transported luggage and cargo luggage.

Railways are obliged to ensure the movement of passenger trains according to schedules.

Passenger cars, as well as railway stations and other facilities intended for passenger service, must be kept in good working order. technical condition and comply with the requirements of construction and sanitary norms, rules, and other regulatory documents.

Article 87 Trains intended for the carriage of passengers are divided into the following categories:

high-speed, ambulance and passenger, depending on the speed of their movement;
long-distance, local and suburban, depending on the distance they travel.

The criteria for determining the categories of trains depending on their speed and distance are approved by the federal executive body in the field of railway transport.

Article 88. Railway stations open for carrying out operations for the transportation of passengers, baggage, cargo-luggage must comply with the requirements that ensure the performance of such operations.

Platforms with canopies and pavilions, pedestrian tunnels or bridges are being built at railway stations. Railway stations should have railway ticket offices, luggage collection and reclaim rooms, hand luggage storage, waiting rooms, information desks, rest rooms for transit passengers, mother and child rooms, restaurants and buffets, facilities for cultural and sanitary and hygienic passenger service in accordance with the norms of technological design.

Station areas that do not belong to the railways. must be landscaped and must meet the requirements of convenient and safe movement of pedestrians and urban transport. Landscaping of the railway station areas is carried out by local governments.

The construction, maintenance and repair of railway station buildings are carried out in accordance with the legislation of the Russian Federation at the expense of the railways and the funds of local governments.

Article 89 benefits provided to citizens of certain categories; other information provided for by the rules for the provision of services for the carriage of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport.

Article 90 Under a contract of carriage, the railway undertakes to transport passengers to the point of destination, providing them with seats on the train, their luggage, as well as the cargo luggage of the consignors. At the same time, according to the established tariffs, passengers undertake to pay for their travel, when checking in their luggage, they are obliged to carry it, and the consignors of cargo luggage - to carry cargo luggage.

The conclusion of contracts for the carriage of passengers is certified by travel documents (tickets), the delivery of luggage by passengers, consignors of cargo luggage by luggage, cargo luggage receipts, respectively.

Railways, passengers, senders, recipients are obliged to comply with the provisions of this Charter, the rules for the provision of services for the carriage of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs in railway transport and the rules for the carriage of passengers, luggage and cargo luggage in railway transport.

Life and health insurance of passengers in mandatory and voluntary forms for the period of travel by rail is carried out in accordance with the legislation of the Russian Federation.

Passengers are required to have travel documents (tickets), and the railway is obliged to issue them if there are empty seats on trains to the destination railway stations indicated by passengers in accordance with the established tariff, taking into account the benefits provided for by the legislation of the Russian Federation for citizens of certain categories.

When certain categories of benefits are established for citizens to pay for travel on railway transport, compensation for preferential travel is carried out at the expense of the federal budget or the budget of the corresponding constituent entity of the Russian Federation.

Forms of transportation documents for transportation of passengers, baggage. cargo luggage is established by the federal executive body in the field of railway transport in agreement with the federal executive body in the field of finance.

Travel documents (tickets) lost or damaged by passengers are not renewed if their restoration or identification cannot be carried out by the railway, and the money paid for them is not returned.

Article 91 Items and substances, the list of which is provided for by the rules for the provision of services for the carriage of passengers, as well as cargo, luggage, cargo luggage for personal (domestic) needs on railway transport, are not subject to storage in railway storage lockers.

The preferential right to use railway luggage storage facilities is granted to transit passengers.

Storage of hand luggage in railway lockers is carried out in accordance with the legislation of the Russian Federation.

Article 92 Passengers have the right to travel on long-distance and local trains:

purchase travel documents (tickets) for any train and any wagon to the destination railway station indicated by them, open for passenger transportation operations;
carry with you free of charge one child under the age of 5 years, if he does not occupy a separate seat, as well as children aged 5 to 10 years old with payment in accordance with the tariff;
carry with you, in addition to small items, hand luggage, the size and weight of which are determined by the rules for the provision of services for the carriage of passengers, as well as cargo, luggage, cargo luggage for personal (domestic) needs on railway transport;
hand over baggage for transportation according to transportation documents for a fee in accordance with the tariff;
make a stopover along the way with an extension of the validity of travel documents (tickets) for no more than 10 days;
extend the validity of travel documents (tickets) in case of illness along the route for the duration of the illness, confirmed by the documents of medical institutions, if passengers are not provided with seats on the train for a time until the departure of the next train in which passengers will be provided with seats;
leave by a train departing earlier than the train for which travel documents (tickets) were purchased, with the necessary mark at the railway ticket office;
to renew the validity of travel documents (tickets) for another train, subject to additional payment of the cost of a reserved seat due to being late for the train within three hours or due to illness or accident within three days from the moment of departure of the train for which travel documents (tickets) were purchased, and in case cancellation of the trip to get back the fare minus the cost of the reserved seat.

When returning an unused travel document (ticket) for travel on long-distance trains to a railway ticket office, the passenger has the right to:

not later than 15 hours before the departure of the train, receive back the fare, consisting of the cost of the ticket and the cost of the reserved seat;
less than 15 hours, but no later than 4 hours before the departure of the train, receive the cost of the ticket and 50 percent of the cost of the reserved seat;
less than 4 hours before the train departure, get back the ticket price. The cost of the reserved seat in this case is not paid. When returning a travel document (ticket) for the return departure at the point of its purchase no later than 24 hours before the departure of the train, the passenger is paid the fare; When returning a travel document (ticket) for a return departure at the return departure point, the procedure established by this paragraph shall apply. Regardless of the timing of the return of the travel document (ticket) before the train departure, the fare is paid in cases of cancellation of the train, delay in the departure of the train, failure to provide the seat indicated in the travel document (ticket) and the passenger's disagreement to use another seat, the passenger's illness. The deduction of the fare when returning the travel document (ticket) is not made if the passenger is late at the point of transfer to the agreed train due to the fault of the railway;
to receive back the fare minus the cost of the reserved seat for the distance not traveled by the passenger upon termination of the trip en route. The refund of the amount due to the passenger is carried out in the manner prescribed by the rules for the carriage of passengers, baggage, cargo luggage on railway transport. When a trip is terminated en route due to a break in the movement of trains due to circumstances beyond the control of the railway, the fare for the distance not traveled by him is returned to the passenger; due to circumstances depending on the railway, the fare is refunded to the passenger.

The passenger has the right to take an empty seat in a carriage of a higher category during the journey in the manner established by the rules provision of services for the transportation of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport.

To travel by suburban train, a passenger has the right to purchase a ticket for a single trip there or there and back, or a subscription ticket of the established form; carry children under the age of 5 years free of charge; carry hand luggage with you, the size and weight of which are determined by the rules for the provision of services for the carriage of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport.

Article 93. The railways, upon the preliminary requests of organizations, sell them travel documents (tickets) for the transportation of groups of passengers.

When returning travel documents (tickets) purchased by organizations on preliminary applications to railway ticket offices less than seven days before the departure of the train and no later than three days before the departure of the train, 50 percent of the cost of the reserved seat is withheld, and when such travel documents are returned later than three days before the departure of the train, the cost of the reserved seat is fully charged.

Acceptance from organizations of preliminary applications for the sale of travel documents (tickets) for the transportation of groups of passengers and payment of the cost of travel documents (tickets) returned by them are carried out in the manner established by the federal executive body in the field of railway transport.

Article 94. If it is impossible to provide a passenger with a seat in a carriage in accordance with the travel document (ticket), the railway is obliged to provide such a passenger, with his consent, with a seat in another carriage, including in a carriage of a higher category, without charging additional payment. If a passenger is provided, with his consent, a seat, the cost of which is lower than the cost of the travel document (ticket) he purchased, the difference in the fare will be returned to the passenger.

Article 95. Passengers are obliged to observe public order, the rules for the use of passenger cars, station premises and take care of the property of railway transport organizations.

Article 96. The railway is obliged, upon presentation of travel documents (tickets) by passengers, to accept baggage for transportation and send it by the nearest train of the appropriate destination, in which there is a baggage car.

Passengers may present baggage with declared value for transportation.

A fee is charged for the declared value of luggage.

Transportation of cargo luggage is carried out in the manner prescribed by this Charter, the rules for the provision of services for the transportation of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport and the rules for the carriage of passengers, luggage and cargo luggage on railway transport.

Article 97. For carriage as luggage from a passenger, such things and objects are accepted that, due to their size and properties, can be easily loaded into a baggage car and placed in it and cannot harm the luggage of other passengers. The weight of baggage and the requirements for its packaging are established by the rules for the carriage of passengers, baggage and cargo baggage on railway transport.

Transportation of dangerous goods, the list of which is provided for by the rules for the provision of services for the carriage of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport, as hand luggage, luggage, cargo luggage in passenger trains not allowed.

Article 98

The date of departure of baggage, cargo baggage is indicated in the transportation documents.

If luggage or cargo luggage is subject to reloading along the route, the delivery time of luggage or cargo luggage is determined by the time of travel along this route of agreed trains, which include luggage cars, with the addition of one day for each reloading of luggage and two days for each reloading of cargo luggage.

The date of arrival of baggage or cargo baggage is entered by the railway station of destination in the transportation documents.

Article 99 Luggage or cargo luggage is considered lost if it does not arrive at the destination railway station after 10 days after the deadline for the delivery of luggage or cargo luggage, and its cost is subject to reimbursement.

If luggage or cargo luggage arrived after the expiration of the period specified in this article, the recipient may receive the luggage or cargo luggage and must return to the railway the amount previously paid to him for the loss of luggage or cargo luggage in the manner prescribed by this Charter.

In case of refusal to writing from receipt of baggage, cargo luggage or failure by the recipient to submit a decision on the fate of luggage, cargo luggage within four days after notifying the recipient in writing about the arrival of luggage, cargo luggage at the railway station of destination, the railway has the right to sell luggage, cargo luggage in the manner prescribed by this Charter.

Article 100. Baggage is issued at the railway station of destination to the bearer of the baggage receipt and travel documents (tickets). Baggage claim is carried out during all the time when the railway station is open for baggage claim and claim operations. At the railway station of destination, the arrived baggage is stored free of charge for 24 hours, excluding the day of arrival. For the storage of baggage in excess of the established period, a fee is charged in the manner determined by the rules for the provision of services for the carriage of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport.

Article 101 individuals, not claimed within 30 days from the date of notification in writing to recipients of the arrival of cargo luggage, and cargo luggage of legal entities not claimed within 10 days from the date of notification in writing to recipients of the arrival of cargo luggage, are subject to sale in the manner prescribed by this Charter.

Article 102 postal items and the procedure for including mail cars in trains are established by the federal executive body in the field of railway transport in agreement with the federal executive body in the field of communications.

Article 103. Railways, on the basis of a lease agreement, provide communication organizations with premises at railway stations for servicing passengers by postal, telegraph and telephone communications.

Article 104 funds of the federal executive body in the field of communications. Construction works must be carried out by organizations that have licenses for the construction of transport facilities.

Plots for the specified construction should be allotted in the immediate vicinity of the buildings of railway stations.

Chapter VI. RESPONSIBILITY OF RAILWAYS, SHIPPERS, CONSIGNEES AND PASSENGERS

Article 105

in relation to goods, the transportation of which is established in wagons and tons - 0.1 of the minimum wage for each ton of cargo;
in relation to goods transported in containers - 0.5 times the minimum wage for each container with a gross weight of up to 5 tons inclusive, the minimum wage for each container with a gross weight of 5 to 10 tons inclusive, two sizes of the minimum wage labor for each container with gross weight over 10 tons;
in relation to goods, the carriage of which is established only in wagons, with the exception of refrigerated wagons and transporters - five times the minimum wage for each wagon, regardless of the type and number of axles.

For non-delivery of refrigerated wagons, transporters by the railway in accordance with the accepted application for the carriage of goods or for the non-use by the consignor of the submitted refrigerated wagons, conveyors or for the refusal of the consignor of such wagons, transporters allocated in accordance with the established procedure from the railway or from the consignor, a fine is collected in the following amounts

0.2 times the minimum wage per ton for goods transported in wagons and tons;
seven sizes of the minimum wage for each wagon in respect of goods, the carriage of which is established in wagons, regardless of the type and number of axles.

The railway is liable for the failure to supply wagons, containers to fulfill the application for the carriage of goods, except in cases where the failure to supply wagons, containers was allowed through the fault of the consignor.

The consignor also pays the railway a fee for non-delivery of goods in accordance with the destination indicated in the application to the destination railway (in local traffic, the railway station), including if this application is generally completed, in the following amounts:

in relation to goods, the carriage of which is established in wagons and tons, 0.04 of the minimum wage for each ton;
in respect of goods transported in wagons - two minimum wages for each wagon, regardless of the type and number of axles;
in relation to goods transported in containers - 0.2 times the minimum wage for each container with a gross weight of up to 5 tons inclusive, 0.4 times the minimum wage for each container with a gross weight of 5 to 10 tons inclusive, the minimum the amount of wages for each container with a gross weight of more than 10 tons.

The penalty for non-fulfillment of the accepted application for the carriage of goods on narrow gauge railway lines, in respect of goods, the carriage of which is established only in wagons, shall be collected in the amount of 50 percent of the fine, the amount of which is provided for by this article.

The penalty for non-fulfillment of the accepted application for the carriage of goods is charged regardless of the payment for the use of wagons, containers.

Article 106

circumstances under which it is forbidden to carry out operations for loading, unloading cargo, as well as an accident at the consignor, as a result of which the main production activities shipper;
non-use of wagons, containers submitted to the consignor in excess of the accepted application for the carriage of goods without the prior consent of the consignor;
execution of an application for the carriage of goods in tons in relation to goods, the carriage of which is established in wagons and tons.

If the consignor, as a result of the compacted loading of wagons, containers, uses a smaller number of wagons, containers than provided for by the application, a fine for not using the corresponding number of wagons, containers is not charged.

If the consignor warns the railway station about the non-use of wagons, containers at least two days before the day of loading, the amount of the fine is reduced by one third.

Article 107. The railway is exempted from paying a fine for failure to comply with an accepted application for the carriage of goods due to:

force majeure, hostilities;
termination or limitation of cargo loading in the cases provided for in Article 35 of this Charter;
non-delivery of wagons, containers by the railway due to the non-payment by the consignor of payment for the transportation of goods and other payments due to the railway for the transportation of goods.

In case of delay by the consignor of wagons, containers in connection with their loading, unloading, cleaning and washing, the railway is released from property liability for failure to provide such a consignor with the number of wagons, containers that is delayed and cannot be submitted for loading cargo for the specified reason.

Article 108 did not depend on it, in particular due to:

reasons depending on the consignor or consignee;
special natural properties of the transported cargo;
deficiencies in tare or packaging that could not be seen during an external examination of the cargo when receiving cargo for transportation, or the use of tare, packaging that does not meet the properties of the cargo or established standards, in the absence of signs of damage to the tare, packaging in transit;
delivery for the carriage of goods, the humidity of which exceeds the established norm.

Article 109. The railway is released from property liability for loss, shortage or damage (spoilage) of cargo accepted for transportation in cases where:

the cargo arrived in a serviceable wagon, container with serviceable locking and sealing devices installed by the consignor, or in serviceable rolling stock without reloading along the route with serviceable security markings or serviceable linkage, as well as in the presence of other signs indicating the safety of the cargo;
shortage or damage (spoilage) of cargo occurred due to natural causes associated with the transportation of cargo in open railway rolling stock;
the cargo was transported accompanied by a representative of the consignor or consignee;
the shortage of cargo does not exceed the rate of natural loss and the error in measuring the net weight;
loss, shortage or damage (spoilage) of the cargo occurred as a result of the consequences caused by unreliable, inaccurate or incomplete information specified by the consignor in the railway bill of lading.

In the cases specified in this article, the railway shall bear property liability for the non-safety of the cargo, if the submitter of the claim proves that the loss, shortage or damage (spoilage) of the cargo occurred due to the fault of the railway.

Article 110

in the amount of the value of the lost or missing cargo in case of its loss or shortage;
in the amount by which the value of the cargo has decreased, in case of its damage (damage) or in the amount of its value if it is impossible to restore the damaged cargo;
in the amount of the declared value of the cargo or in the amount of a share of its declared value corresponding to the lost, missing or damaged (damaged) part of the cargo, in case of loss of the cargo handed over for transportation with the declaration of its value.

The value of the goods is determined on the basis of its price specified in the seller's invoice or provided for in the contract, or in the absence of a seller's invoice or price in the contract, on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

Along with compensation for damage in the amount established by this article, the railway shall return the payment for the carriage of cargo collected for such cargo and other payments due to the railway in proportion to the amount of lost, missing or damaged (spoiled) cargo, if this payment is not included in the cost of such cargo.

Article 111 every day of delay (incomplete days are considered full), but not more than in the amount of the payment for the transportation of this cargo, unless it proves that the delay occurred due to the circumstances provided for in Article 35 of this Charter, the elimination of a malfunction of vehicles threatening life and health of people or other circumstances dependent on the railroad.

Article 112. Cargo is considered lost if this cargo is not issued to the consignee at his request after 30 days from the date of expiration of the delivery period or after 4 months from the date of acceptance of the cargo for transportation in direct mixed traffic.

If the cargo arrived after the expiration of the time specified in this article, the consignee may receive it on condition that the amount received for the loss of the cargo is returned to the railway in the manner prescribed by this Charter.

If the consignee refused to accept the cargo or did not submit a decision on the fate of the cargo within 4 days from the date of notification of the consignee about the arrival of the cargo at the railway station, the railway has the right to sell the cargo in the manner prescribed by this Charter.

Article 113 transportation, regardless of compensation for the losses caused by this circumstance of the railway.

Article 114 the amount of the fines established by Articles 115 and 117 of this Charter for the delay of wagons, containers.

Article 115. For the delay of wagons in the cases provided for in Articles 50, 84 and 114 of this Charter, a fine in the amount of 0.2 times the minimum wage is collected from the consignor, consignee by the railway for each hour of idle time of each wagon.

For the delay due to the fault of the railway in the supply of wagons for loading and unloading of goods, as well as for the delay in the removal of wagons from the places of loading and unloading on railway sidings in the event that the wagons are cleaned by a locomotive owned by a railway transport organization, due to violation of the terms stipulated by the operating agreement railway siding, a contract for the supply and removal of wagons, or for a delay due to the fault of the railway in the acceptance of wagons from railway sidings by the consignor, the consignee shall collect from the railway a fine in the amount of 0.2 times the minimum wage for each wagon per hour. The fine is charged for the entire time of delay from the moment of violation of the deadlines for the supply, cleaning of wagons, provided for by the specified agreements.

For the delay of tanks, cement trucks, bunker gondola cars. mineral wagons and other specialized wagons the amount of the fine. provided for in this article, is doubled, for the delay of refrigerated wagons and conveyors - three times.

Delay of wagons less than 15 minutes is not taken into account, delay of wagons from 15 minutes to one hour is taken as a full hour.

Article 116 the minimum wage for each ton of cargo not reloaded from the specified vessel for each day separately.

The amount of the specified fine for excess demurrage of a non-self-propelled vessel is halved, and that of a refrigerated vessel is halved.

Article 117

0.01 times the minimum wage for a container with a gross weight of less than 5 tons;
0.04 times the minimum wage for a container with a gross weight of 5 to 10 tons inclusive;
0.1 times the minimum wage for a container with a gross weight of more than 10 tons.

Article 118

force majeure, hostilities, blockades, epidemics that caused a traffic interruption on the railway siding, and other circumstances in which it is forbidden to carry out operations for loading, unloading cargo, as well as accidents that occurred at the consignor, consignee, in the port and as a result which terminated the implementation of their main production activities;

the supply of wagons, containers by the railway in excess of the quantity established by the contract for the operation of the railway siding, the contract for the supply and cleaning of wagons.

Article 119. In the event that the supply of empty specialized wagons to the consignor in accordance with the accepted application for the carriage of goods is delayed for reasons dependent on the consignor, he shall pay the fee specified in the tariff manual for the use of these wagons for the entire time of delay of these wagons.

If the consignor notifies the railway station of the refusal to use these wagons, the fee for their use is calculated until the moment the railway station receives such notification.

If the consignor refuses to load goods into empty specialized wagons that arrived in accordance with his application at the railway station and it is impossible to use them during the reporting day at this railway station by other consignors, the railway charges such a consignor according to the tariff for a run of these wagons not exceeding 300 kilometers , caused by their delivery to the railway station of departure of goods.

Article 120. For exceeding the carrying capacity (overloading) of a wagon or container, the consignor shall pay a fine in the amount of five times the payment for the transportation of this cargo.

In cases of emergencies that have arisen as a result of reloading a wagon, container, the consignor shall also compensate the railway for the damage caused.

Article 121 determined by agreement of the parties.

In case of violation by the consignee of the requirements established by Article 48 of this Charter, the consignee shall pay the railway a fine in the amount of 45 and 15 times the minimum wage, respectively, for the wagon and container, unless otherwise provided by the contract. The property liability in the amounts established by this article shall be borne by the railway in case of supply to the consignor without his consent for loading empty uncleaned wagons, containers.

Article 122. In case of damage or loss of wagons, containers provided by the railway, consignors, consignees, other organizations are obliged to repair them or pay a fine to the railway in the amount of five times the cost of damaged or lost wagons, containers at their prices at the time of damage or loss. At the same time, consignors, consignees, and other organizations compensate the railway for losses incurred by the railway as a result of damage or loss of wagons, containers, to the extent not covered by the fine.

Article 123. If the railroad damages wagons, containers belonging to consignors, consignees, other organizations, the railroad is obliged to repair such wagons, containers or pay their owners a fine in the amount of five times the cost of damaging the wagons, containers, as well as to compensate for the losses incurred by the owners of the wagons, containers due to their damage, in the part not covered by the fine.

For wagons, containers lost by the railway, belonging to consignors, consignees, other organizations, the railway, at their request, is obliged to provide the corresponding wagons, containers for temporary free use and, in case of non-return to the owners of the lost wagons, containers, after three months, transfer the temporarily transferred wagons, containers into the ownership of consignors, consignees, other organizations in the manner prescribed by the legislation of the Russian Federation.

The procedure for replacing damaged or lost by the railroad wagons, containers leased by the railroad is provided for by the lease agreement.

Article 124. Collection of fines provided for in Articles 105, 113, 114, 115, 116, 117, 120, 121, 122 and 123 of this Charter shall be carried out without acceptance.

Article 125. After the arrival of the cargo at the railway station of destination and notification by the railway station of the consignee of the arrival of the cargo at his address, the property liability to the railway in relation to this transportation is assigned to the consignee.

In the event that the cargo has arrived at the railway station of destination and the consignee is absent, and there is also no possibility of notifying him of the arrival of the cargo, the consignor shall bear property liability to the railway for the final payments for this transportation provided for by this Charter after receiving the appropriate notification in writing from the railway roads.

Article 126 did not depend on her.

Damage caused during the carriage of luggage is compensated by the railway in the following cases:

loss or shortage of baggage - in the amount of the cost of the lost or missing baggage;
damage (spoilage) of baggage - in the amount by which its value has decreased, if it is impossible to restore the damaged baggage - in the amount of its value;
loss of baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the baggage.

The value of baggage is determined based on its price specified in the seller's invoice or provided for in the contract, in the absence of the seller's invoice or price in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods.

The railway, along with compensation for damage caused by the loss, shortage or damage (spoilage) of baggage, returns to the recipient of the baggage the fee for the carriage of baggage, as well as other payments due to the recipient of the baggage, collected for the carriage of the lost, missing or damaged (spoiled) baggage.

Article 127. For the delay in the delivery of baggage, the railway of destination shall pay to the recipient of the baggage upon its issuance on the basis of an act drawn up at the request of the recipient of the baggage, a penalty in the amount of 3 percent of the baggage transportation fee for each day of delay (incomplete days are considered full), but not more than than in the amount of the fee for the carriage of baggage, unless it proves that the delay occurred due to the circumstances provided for in Article 49 of this Charter, the elimination of a malfunction of vehicles threatening the life and health of people, or other circumstances beyond the control of the railway.

The delay in the delivery of baggage is calculated from 24 hours of the day on which the baggage must arrive.

Article 128 Ensuring the integrity and safety of hand luggage carried by a passenger is the responsibility of the passenger.

Article 129 baggage.

Article 130 proves that the delay or lateness of the train took place due to force majeure, the elimination of a malfunction of vehicles threatening the life and health of the passenger, or other circumstances beyond the control of the railway.

The procedure for paying the fine is determined by the rules for the provision of services for the transportation of passengers, as well as cargo, luggage and cargo luggage for personal (domestic) needs on railway transport.

Article 131 .

Article 132. The railway shall bear property liability for harm caused to the life and health of a passenger, in accordance with the legislation of the Russian Federation.

Article 133. Any preliminary agreements of the railway with consignors (senders), consignees (recipients) or passengers, aimed at limiting or eliminating the property liability incumbent on the railway, consignors (senders), consignees (recipients) or passengers, shall be considered invalid, and any notes about this in the transportation documents that are not provided for by this Charter or other regulatory legal acts of the Russian Federation shall not be valid.

Chapter VII. ACTS, CLAIMS, ACTIONS

Article 134 forms and other acts.

A commercial act is drawn up to certify the following circumstances:

discrepancy between the name, weight, number of pieces of cargo, luggage or cargo luggage with the data specified in the transportation document;
damage (spoilage) of cargo, luggage or cargo luggage;
detection of cargo, luggage or cargo luggage without shipping documents, as well as shipping documents without cargo, luggage or cargo luggage;
return to the railway of stolen cargo, luggage or cargo luggage;
non-delivery of cargo by the railway to the railway siding within 24 hours after the execution of documents on the issuance of cargo.

In this case, a commercial act is drawn up only at the request of the consignee. The commercial act is drawn up:

when unloading goods, luggage and cargo luggage in public places - on the day of unloading, in appropriate cases - on the day of delivery of goods to the consignee (recipient);
when unloading goods in places of non-public use - on the day of unloading the goods, while checking the goods should be carried out in the process of unloading them or immediately after unloading the goods;
along the route of cargo, baggage and cargo luggage - on the day of discovery of circumstances subject to registration by a commercial act. If it is impossible to draw up a commercial act within the time limits specified in this article, it must be drawn up within the next day.

When issuing, with the participation of the railway, homogeneous goods that are transported in bulk or in bulk and arrived from one consignor to the address of one consignee in serviceable wagons without signs of loss, cases of shortages that exceed the rate of natural weight loss of such goods and the error in measuring the net weight, as well as cases surplus, which is the difference between the mass of goods determined at the railway station of departure and the mass of goods determined at the railway station of destination, taking into account the measurement error of the net mass found in relation to such goods transported separate shipments, when checking for a given calendar day, are drawn up in one commercial act.

Shortage or surplus of goods transported in bulk, in bulk or in bulk with transshipment or reloading on the way, shipped by one consignor to one consignee and arrived in serviceable wagons without signs of loss along the route, are determined by the results of checking the entire batch of simultaneously issued goods and are issued by one commercial act.

The commercial act is signed by the consignee (recipient), if he participates in the inspection of cargo, luggage or cargo luggage, and railway employees, the list of which is established by the rules for the carriage of goods by rail.

At the request of the recipient, the railway station is obliged to issue a commercial act within three days. The procedure for forwarding commercial acts between organizations of railway transport is determined by the federal executive body in the field of railway transport.

In the event of unreasonable delay in drawing up a commercial act beyond the period provided for by this article or refusal to draw it up, the railway shall be liable in accordance with the legislation of the Russian Federation.

Branch (management) of the railway to an application for refusal to draw up a commercial act or for its execution in violation established requirements is obliged to give the consignee (recipient) The commercial act is signed by the consignee (recipient), if he participates in the inspection of cargo, baggage or cargo luggage, and railway employees, the list of which is established by the rules for the carriage of goods by rail.

At the request of the recipient, the railway station is obliged to issue a commercial act within three days. The procedure for forwarding commercial acts between organizations of railway transport is determined by the federal executive body in the field of railway transport. In the event of unreasonable delay in drawing up a commercial act beyond the period provided for by this article or refusal to draw it up, the railway shall be liable in accordance with the legislation of the Russian Federation.

If the railway station refuses to draw up a commercial act or draw up a commercial act in violation of the established requirements, the consignee (recipient) has the right to submit a written application for refusal or violation to the department (management) of the railway directly or through the head of the railway station.

The branch (management) of the railway to an application for refusal to draw up a commercial act or to draw it up in violation of the established requirements is obliged to give the consignee (recipient) a reasoned response on the merits of the application for perishable goods within one day, for other goods, luggage or cargo luggage within three days from the date of receipt of the application. If the application is justified, the fee for the storage of cargo, luggage or cargo luggage during the delay in drawing up a commercial act is not charged from the consignee (recipient).

The railway is obliged to draw up a commercial act if it itself discovered the circumstances listed in this article or if the consignee (recipient) of the cargo, luggage or cargo luggage indicated the presence of at least one of such circumstances.

Representatives of the parties participating in the preparation of the commercial act do not have the right to refuse to sign the commercial act. In case of disagreement with the content of the commercial act, the representatives of the parties have the right to state their opinion.

To certify circumstances other than those provided for by this article, acts of a general form and other acts are drawn up in the manner established by the rules for the carriage of goods by rail transport, the rules for the carriage of passengers, baggage and cargo luggage by rail transport.

Article 135

The following persons have the right to file a claim against the railway, which has arisen in connection with the carriage of goods or cargo luggage, or a claim:

the consignee or consignor in case of loss of cargo, cargo luggage, subject to the presentation of a cargo receipt, cargo luggage receipt of cargo acceptance, cargo luggage with a mark of the railway station of destination on the non-arrival of cargo, cargo luggage, or subject to presentation
confirmed by a bank or other credit institution a document on payment of the cost of cargo, cargo luggage and a certificate from the railway about the dispatch of cargo, cargo luggage with a note from the destination railway station about the non-arrival of this cargo, cargo luggage;
consignee or consignor in case of shortage, damage (spoilage) of cargo, cargo luggage, subject to submission of either a railway bill of lading or a duly certified copy thereof, or a baggage receipt and a commercial act issued by the railway, or a railway bill of lading or a duly certified copy of it with a mark of the railway on drawing up a commercial act in case of its loss, or a railway bill of lading or a duly certified copy of it and documents on appealing against the refusal of the railway to draw up a commercial act;
the consignee or the consignor in case of delay in the delivery of cargo, cargo luggage, subject to the presentation of the original railway bill of lading, cargo luggage receipt;
consignee or consignor in case of delay in the issuance of cargo, cargo luggage, subject to the submission of a railway bill of lading, a cargo luggage receipt and an act of a general form.

The consignor, consignee may transfer their rights to bring such claims and lawsuits to other legal entities, individuals through the proper execution of an agency agreement or a power of attorney.

Article 136. Prior to filing a claim against the railway, which has arisen in connection with the carriage of passengers or baggage, a claim may be brought against the railway in the following cases:

loss of baggage - by the bearer of the baggage receipt;
shortage or damage (spoilage) of baggage - by the bearer of a commercial act issued by the railway on shortage or damage (spoilage) of baggage;
delay in the delivery of baggage - by the bearer of a general form act issued by the railway on delay in the delivery of baggage;
delays in the departure or delay of the train - by the passenger upon presentation of the travel document (ticket).

Article 137

Claims arising in connection with the carriage of goods in direct mixed traffic are presented:

to the railway of destination, if the final point of transportation of goods is a railway station;
to the corresponding organization of transport of another type, which serves the final point of transportation of goods or which is in charge of this point.

Claims of consignors, consignees in respect of fines and penalties are presented to the railway of departure or the railway of destination.

Claims regarding damage by the railway to rolling stock, containers owned by consignors, consignees, other organizations or leased by them are considered by the railway at the location of such consignors, consignees, other organizations or tenants of the rolling stock, containers.

Claims arising in connection with the carriage of passengers and baggage may be brought against the departure or destination railway at the discretion of the claimant.

Article 138. The claim must be accompanied by original documents confirming the claims made by the applicant or duly certified copies of documents. Authentic documents must be attached to the claim regarding the delay in the delivery of goods, cargo luggage.

In addition to documents confirming the right to file this claim, a claim for loss, shortage or damage (spoilage) of cargo and luggage must be accompanied by a document certifying the quantity and actual cost of shipped cargo, cargo luggage without including lost income and unfulfilled actual costs or the value of missing cargo, cargo luggage , parts, spare parts.

Article 139 Claims against railways may be brought within 6 months, claims for fines and penalties within 45 days.

The specified time limits for filing claims are calculated in relation to:

compensation for damage (spoilage) or shortage of cargo, luggage or cargo luggage from the date of delivery of cargo, luggage or cargo luggage;
compensation for the loss of cargo after 30 days from the date of expiration of its delivery;
compensation for the loss of cargo during its transportation in direct mixed traffic after 4 months from the date of acceptance of the cargo for transportation;
compensation for the loss of luggage, cargo luggage after 30 days after the deadline for the delivery of luggage, cargo luggage of individuals and 10 days after the deadline for delivery of cargo luggage of legal entities;
delay in the delivery of cargo, baggage, cargo luggage from the date of delivery of cargo, luggage, cargo luggage;
refund of fees for the use of wagons, containers, a fine for delaying wagons, containers from the date the claimant receives a copy of the collection order (account) of the railway on the calculation of such fees, fines;
collection of a fine for non-fulfillment of an accepted application for the carriage of goods after 5 days from the date of collection of the fine;
collection of a fine for unauthorized occupation by the railway of wagons, containers owned by consignors, consignees, other organizations or leased by them, after the expiration of the delivery of goods in such wagons, containers or the deadline for returning them to the home point;
other cases arising in connection with the carriage, from the date of occurrence of the events that served as grounds for filing claims.

The railway is entitled to accept the claim for consideration after the expiration of the time limits established by this article, if it recognizes good reason missed the deadline for submitting a claim.

Article 140. The railway is obliged to consider the received claim and notify the applicant in writing of the results of its consideration within 30 days from the date of receipt of the claim.

In case of partial satisfaction or rejection by the railway of the claim of the applicant, the notification of the railway must indicate the basis of the decision taken by it with reference to the relevant article of this Charter. In this case, the documents submitted together with the claim shall be returned to the applicant.

If, when considering a claim, it is established that the cargo, cargo luggage was redirected or issued to another consignee at the request of the consignor or the original consignee, the claim is returned to the applicant indicating where, when and to whom the cargo, cargo luggage was issued, as well as indicating the name of the consignee to whom the cargo, cargo luggage was issued , or the organization, at the request of which the redirection or delivery of cargo, cargo luggage was carried out, for the direct settlement of the applicant with the actual consignee or the specified organization.

Clause 141

These claims are brought in accordance with the established jurisdiction, cognizance in court, arbitration court at the location of the railway administration against which claims are or could be filed, within one year from the date of occurrence of the events that served as grounds for filing claims.

Claims arising in connection with the transportation of passengers, luggage, as well as cargo luggage for personal (domestic) needs, may be brought not earlier than the expiration of the deadlines established by Article 139 of this Charter, or before the expiration of such deadlines, if a response from the railway to the claim is received.

When considering claims, documents on the reasons for the non-safety of goods, luggage or cargo luggage of legal entities, individuals (commercial act, organizations or leased by them, after the expiration of the delivery of goods in such wagons, containers or the deadline for returning them to the home point; other cases arising in connection with The railway has the right to accept a claim for consideration after the deadlines established by this article, if it recognizes a valid reason for missing the deadline for filing a claim.

Article 142 court within one year from the date of occurrence of the events giving rise to such claims.

The specified period is calculated in relation to:

collection of a fine for failure to comply with the application for the carriage of goods at the end of five days after notification by the railway;
other cases from the date of occurrence of the events that served as grounds for filing claims.

Chapter VIII. FINAL PROVISIONS

Article 143. Enact this Charter from the date of its official publication.

Article 144. Normative legal acts issued prior to the entry into force of this Charter, including acts of legislation of the USSR, on matters which, according to this Charter, should be regulated by normative legal acts of the Russian Federation, shall remain in force until the adoption of the relevant acts.

Article 145. Chapter IV "Carriage of goods in direct mixed traffic", articles 105, 111, 115, 116, 117, 118, 122, 123 and 137 of this Charter in terms of direct mixed traffic are valid until the federal law on direct mixed traffic ( combined) transportation.

Article 146. Until the adoption of the federal law regulating the procedure for carrying out collection settlements, the procedure for collecting fines established by Article 124 of this Charter shall be in force.

Article 147 This Statute applies to legal relations. arising after its implementation.

For legal relations that arose prior to the entry into force of this Charter, the Charter shall apply to those rights and obligations that arise after its entry into force.

Article 148 The Government of the Russian Federation shall adopt the regulatory legal acts necessary for the implementation of this Charter.

President of Russian Federation
B. Yeltsin

Moscow Kremlin
January 1998

Questions:

1. How many chapters and articles does the Railway Charter contain? transport of the Russian Federation?

2. Give the name and description of the chapters of the Charter of the railway. transport of the Russian Federation

3. What government and departmental acts that regulate in detail all aspects of the carriage of goods and passengers have been developed in development of the Charter of the railway. transport of the Russian Federation?

Literature:

1. Perepon V.P. "Organization of cargo transportation". Route 2003 (page 21)

2. The charter of the railway transport of the Russian Federation. M. Transport 2003

The Charter of the Railway Transport of the Russian Federation contains 130 articles grouped into nine chapters.

In Chapter I "General Provisions" the main objectives of the Charter and its scope are defined, a clear definition of the basic concepts used in the text is given, the procedure for the development and approval of the Rules for the carriage of goods by rail is established,

In chapter II "Transportation of goods, containers and wagon shipments of cargo and luggage" the procedure for concluding long-term contracts on the organization of transportation, the submission of applications for the carriage of goods and their implementation, the conclusion of a contract for the carriage of goods, the conditions for the preparation of cargo for transportation by shippers, the preparation of wagons, containers for loading by the railway and shippers, the procedure for performing operations for loading, unloading , sorting of cargoes and containers, when registering the reception and delivery of cargo.

The same chapter defines the obligations of the carrier for the delivery of cargo to its destination and within the established time limits to determine the amount of shortage, damage (spoilage) of the cargo and issue a commercial act to the consignee, check the condition, weight and number of pieces when issuing the cargo; set out the property liability of the consignor for the accuracy of the information entered in the consignment note; the procedure for making payment for the carriage of goods, cargo luggage and other payments due to the carrier, the procedure for redirecting goods and the procedure for resolving other issues related to the carriage of goods were determined.

Chapter III "Interaction between the infrastructure owner and carriers in the preparation and implementation of the transportation of passengers, cargo, baggage, cargo luggage" defines the procedure for concluding agreements between carriers and infrastructure owners on the provision of services for the transportation of passengers, cargo, baggage, cargo luggage, as well as the procedure for the access of carriers to the infrastructure.

Chapter IV "Railways of non-public use" is devoted to the main conditions for the operation of non-public railway tracks and the regulation of relations between carriers, owners of non-public railway tracks, infrastructure owners, consignors and consignees.

Chapter V "Transportation of goods in direct mixed traffic" determines the procedure for organizing the transportation of goods in direct mixed traffic, the conditions for their transfer and reloading at transshipment points, establishes the procedure for charging fees for the transportation of goods, determining the delivery time and mutual property liability for non-fulfillment of the transshipment norm, non-preservation and delay in the delivery of goods.

In chapter VI "Transportation of passengers, luggage and cargo luggage" the conditions for the transportation of passengers, luggage, cargo luggage are determined, the rights and obligations of carriers, infrastructure owners and passengers are regulated, the main requirements for passenger cars, railway stations and other facilities designed to serve passengers are set out.

Chapter VII "Responsibility of carriers, infrastructure owners, consignors, consignees, passengers determines the responsibility of the parties for failure to comply with the accepted application for the carriage of goods, the failure of cargo and cargo luggage, the delay in the delivery of goods and empty wagons and containers not belonging to the carrier, the delay of wagons through the fault of the consignor and consignee, delay through the fault of the carrier of the supply of wagons for loading and unloading or on railway exhibition tracks, etc.

In chapter VIII "Acts, claims, lawsuits the procedure for drawing up commercial acts and filing claims and lawsuits against the carrier has been established.

Chapter IX "Final and Transitional Provisions" the term for the entry into force of the Charter was determined, and the regulatory legal acts that were in force until the adoption of new ones were clarified.

The charter contains only the basic conditions for the transportation of goods, passengers and cargo luggage, as well as the main provisions for the interaction of infrastructure and carriers in the preparation and implementation of transportation. It cannot foresee all the variety of specific conditions and peculiarities of transportation. Therefore, in its development, important governmental and departmental acts are adopted that regulate in detail all aspects of the transportation of goods and passengers.

Rules for the carriage of goods by rail- a normative legal act issued in accordance with the Charter and containing the conditions for the carriage of goods, taking into account their characteristics in order to ensure traffic safety, the safety of goods and rolling stock, as well as environmental safety. The approved Rules for the carriage of goods are binding on all individuals and legal entities (regardless of the form of ownership) using the services of public railway transport.

Specifications placement and securing of goods in wagons and containers, approved by the Ministry of Railways, Tariff manuals, service and job descriptions and instructions.

The service and job descriptions and instructions include: Instructions for maintaining station commercial reporting, Instructions for the transportation of oversized and heavy cargoes, Instructions on the procedure and technology for weighing goods, content and maintenance weighing devices, Instructions for the search for goods on the railways, Job description of the cargo acceptor.

1 0 11 12 ..

Chapter 2

The charter of railway transport of the Russian Federation - legal basis cargo and commercial work

Significance of the Charter of Railway Transport of the Russian Federation

Carrying out the transportation of goods, passengers, luggage and cargo luggage, railway transport enters into certain legal relationships with consignors, consignees, passengers, individuals and legal entities, other modes of transport and vehicle owners.

Are common legal regulations, which determine the relations arising in connection with the activities of railways, are regulated by the rules of civil law, but they are not sufficient to regulate the relations arising in the course of transportation, since they do not reflect the specifics of the transportation process. Therefore, Article 784 of the Civil Code of the Russian Federation establishes that General terms transportation are determined by transport charters and codes, other laws and rules issued in accordance with them.

The most important legal acts regulating relations arising between railways and consignors, consignees and passengers are the Federal Laws "On Railway Transport in the Russian Federation" and "Charter of Railway Transport of the Russian Federation". Railway charter

Transport of the Russian Federation (hereinafter the Charter) dated January 10, 2003, which entered into force on May 18, 2003, regulates the relations that have arisen between carriers, passengers, consignors, consignees, owners of public railway transport infrastructures, owners of non-public railway tracks, other individuals and legal entities when using the services of public rail transport and non-public rail transport, and establishes their rights, duties and responsibilities. Having the status of a federal law, the Charter defines the basic conditions for the organization and implementation of the transportation of passengers, cargo, luggage, cargo luggage, the provision of services for the use of public railway transport infrastructure and other services related to transportation.

The Charter also applies to the transportation of goods, cargo luggage, loading and unloading of which is carried out in places of public and non-public use, as well as on railway lines under construction adjacent to public railway tracks.

The norms of transport law enshrined in the Charter are based on the provisions of the Civil Code of the Russian Federation, the Law on Natural Monopolies, the Law on the Protection of Consumer Rights and other federal laws and international treaties in force in the field of railway transport. The Charter defines the procedure and conditions for interaction between carriers and infrastructure owners in the course of transportation by rail, provides for access to infrastructure on a non-discriminatory basis, creates equal conditions for the provision of services for its use by carriers, regardless of their organizational and legal forms and forms of ownership. The Charter establishes mandatory indicators for the quality of transportation of goods, luggage and cargo luggage (delivery time, safety of goods, luggage and cargo luggage) and service for users of railway transport services for all infrastructure owners, carriers and organizations, individual entrepreneurs performing auxiliary work (services) during transportation.

With acceptance federal laws"On Railway Transport in the Russian Federation" and the "Charter of Railway Transport of the Russian Federation" created the foundations legislative regulation activities of railway transport and ensuring its normal operation in market conditions.