The norms of international transport law regulate social relations that are the subject of this complex industry. It is due to the fulfillment of the regulatory function by the norms that such relations acquire a legal form and become international transport relations. These legal relations are a special legal relationship of participants social processes in the field of international transport activities for the implementation of transportation, which arises and exists on the basis of the norms of international transport law. In fact, a legal relationship is a form in which the abstract norm of a given complex industry receives a concrete expression.

Like any legal relationship, an international transport legal relationship consists of the following elements: the object, content and subject composition of the legal relationship.

Object of legal relationship - this is something about which the activity of its subjects, their behavior arises and is carried out; this is what their subjective rights and obligations are aimed at. Therefore, the object of international transport legal relationship is an international transport activity related to transportation.

The subject composition of the international transport relationship - the totality of participants in this legal relationship. They can be individuals individuals), legal entities, states. The minimum composition of the subjects of legal relations includes an authorized entity and an obligated entity (consignor - carrier; consignor - transport forwarder; carrier - consignee; carrier - representative of the customs authority, etc.).

The subjects of the legal relationship have legal personality, i.e. social and legal opportunity to be participants in international transport relations. The elements of legal personality are the legal capacity, legal capacity and delinquency of the subjects of the legal relationship.

The subjective rights of subjects of international transport legal relations are a measure of the permitted behavior of subjects of international transport legal relations. Subjective obligations are a measure of the proper behavior of the subjects of international transport relations.

Since international transport law is a complex industry, it has three types of legal relations: legal relations of an international public, international private and international administrative nature. Let's consider each of them.

As a result of the regulation of certain public relations by the norms of international public law, they acquire a legal form and become international public legal relations. These relations in the field of transport activity are international public transport legal relations. An essential feature of public international law is that it "regulates exclusively intergovernmental relations between states." This means that, firstly, in such relations, states deliberately voluntarily limit their sovereignty, assuming certain responsibilities.

Secondly, states are the subjects of international public relations. If, within the framework of national legal systems, legal relations develop between the power structures of the state, between these structures and individuals, legal entities, and, finally, between individuals and legal entities themselves, then the existing parallel international public law system is characterized by legal relations only between states. In our case, between states in connection with transport activities.

Further. International public legal relations are regulated by the norms of international public law. They represent, in fact, rules-agreements between independent subjects of intergovernmental international relations. In other words, states set their own rules of law. While in national legal systems, the state establishes legal norms mainly for such subjects of legal relations as individuals and legal entities.

Since parity is the main principle of recognizing the validity of the norms of public international law, the obligations and rights of the subjects of international public relations (ie the content of relations) are mutual and equal. This fundamental point can be clearly confirmed by the provision formulated in the preamble of the Chicago Convention and relating to one of the goals of its adoption. It is that international air services can be established on the basis of equality of opportunity. The Convention also states that the rights to carry out regular and non-scheduled flights to the territory or transit direct flights through the territory of a sovereign state are the same for contracting states and exclude any privileges (Articles 5, 6).

The central place among the legal relations of international transport law is occupied by private law relations. When considering them, it must be borne in mind that, along with property relations involving foreign individuals and legal entities, foreign trade relations, inheritance relations regarding property located abroad, and some other international transport private law relations are the subject of international private law. It follows from this that the qualities inherent in international private law relations also apply to international transport private law relations.

When analyzing the latter, it is necessary to consider, first of all, such constituent concepts as "international" and "private law".

As rightly emphasized in the textbook on private international law by the authors of the Moscow State Law Academy, in the context of private international law, the term "international" differs in content from the same term used in international (public) law, for which it is, in fact, a synonym concept of "interstate".

Within the framework of private international law, the concept of " international relationships" means relations that go beyond the boundaries of one state and are associated with legal systems different states. With regard to international transport law, this is connected with crossing the state border and fulfilling the terms of the contract of carriage on the territory of a foreign state. The fact that a significant part of the public relations of international transport law is of a private law nature is of significant importance.

Private law relations are relations of ownership and use of property on the basis of the legal equality of their participants, the autonomy of their will and property independence. It is these legal categories that are inherent in private law relations of international transport law. Thus, the concepts of "international" and "private law" applied to the relations of international transport law have their own specific content and are inextricably linked. The basis for their association is the so-called "foreign element". It is inherent in international transactions and means that individuals and legal entities of different states are the subjects of legal relations, that the object of legal relations is property located abroad, and that the legal facts as a result of which legal relations arise take place on the territory of a foreign state.

Relatively international transport this is manifested in the fact that the participants in transport contractual relations - the consignor, carrier, consignee - may represent different states, and the contract of carriage may be concluded abroad.

Contractual relations, regulated by international transport law, relate to legal obligations. As such, they mediate the dynamics of property relations of a private law nature, which is expressed, for example, during the transportation of goods in the transfer of property to the carrier in the form of cargo for its movement in space across the state border with subsequent delivery to the recipient. These relations are established by the will of the persons participating in them. The basis for the emergence of property relations is the contract of international carriage. For these private legal relations characterized by the equality of the parties, their independence from each other. The legal independence of the parties means that none of them can dictate their conditions to the other party, give it binding instructions.

If the party entitled in these legal relations has the right to demand certain behavior of the obligated party, then only by virtue of the contract of international carriage existing between them or a direct indication of the regulatory source. Thus, the consignor of the cargo has the right to require the carrier to check the weight of the cargo or its quantity, the contents of the package (paragraph 3 of article 8 of the CMR), to give instructions regarding the disposal of the cargo (paragraph 3 of article 12 of the Montreal Convention 1999).

Direct indications of regulatory sources regarding the binding nature of the orders of one party of international transport legal relations for the other relate to the issues of correct loading of vehicles, ensuring the safety of transportation, and some others. In particular, in accordance with Art. 3 Agreements between the Danube Shipping Companies of Bulgaria, Hungary, Romania, the USSR and Czechoslovakia on general conditions 1956, when the ship is loaded by the shipper, he is obliged to comply with all the requirements of the captain (skipper) of the ship regarding the loading and stowage of goods in cargo spaces and on deck.

The specifics of international transport private law relations can be traced not only when they are considered as a whole, but also in the study of their individual elements, which include objects, subjects and content.

object international transport private law relations is the material good, about which a legal relationship arises, the activities of its participants are carried out - this is a service for international transportation. In civil law theory, such services are called "actions". The essence of such actions - services for international transportation of goods is the acceptance by the carrier of the goods, together with necessary documents from the consignor, transporting it along the established route, solving all formalities at the border, timely delivery of the cargo in safety to the destination and handing it over to the consignee.

Subjects international transport private law relations - individuals and legal entities. The term "individuals" should be understood as citizens of the respective state, as well as foreign citizens, as well as stateless persons. Among the legal entities may be foreign legal entities.

The subjects of international transport private law relations are mainly parties to agreements on the organization and implementation of transportation across the state border.

Content international transport private law relations are the subjective rights and subjective obligations of its participants. Both elements are inextricably linked with each other. So, in order for the shipper to exercise his right to deliver cargo across the state border to the destination, the carrier must fulfill the obligation to carry out international transportation of cargo and hand it over to the recipient. Consequently, the subjective right and the subjective obligation arise simultaneously. The essence of subjective law as an element of an international transport private law relationship is to provide its participant (subject) with the opportunity to demand appropriate behavior from the obligated subject of the legal relationship, supported by a system of guarantees up to the use of state coercion measures. In accordance with transport conventions and agreements, the consignor has the right to require the carrier to perform transportation services, while he, as a participant in an international transport private law relationship, can claim compensation for the harm caused to him directly to the inflictor (carrier), using the established claim procedure. In case of non-compensation of harm on a voluntary basis, compulsory compensation is possible with the help of the judicial authorities.

A subjective obligation is a measure of the proper behavior of a participant (subject) of an international transport relation, is the opposite of subjective law. What the shipper is entitled to demand must be performed by the carrier.

As in any legal relationship, the subjects of an international transport private law relationship have rights and obligations. Thus, the consignor has the right to demand delivery of the goods to the destination, but at the same time he is obliged to pay for the service provided. On the other hand, the carrier is obliged to transport the goods and hand them over to the recipient, but he has the right to demand payment for the transportation service.

The next type of international transport legal relations is international administrative legal relations related to transport activities for transportation, which have their own characteristics. One of them is that it is a relationship of power and subordination. The requirements of the competent authority in transport sector invested with authority, the second party of the legal relationship is obliged to unconditionally obey (obligatory requirements customs authorities- Art. 33 of the TIR Convention; person authorized to regulate traffic - paragraph 2 of Art. 6 of the Convention on road traffic 1968; sea ​​captain trading port- Art. 76 KTM RF, etc.).

This is the fundamental difference between international administrative relations and international private law relations in the field of transport activities, which, as already noted, are characterized by equality of the parties.

The next feature of these relations concerns the subject composition. In these relations, one of the parties is the subject government controlled in whose hands power is concentrated. Consequently, it has the priority of will in relations with the second party, primarily with the carrier.

Another feature of international administrative legal relations related to transportation activities is that in the sphere of public administration there are a special kind of subjects - executive authorities. They exercise their power, directly and directly expressing the will and interests of the state.

Although international administrative legal relations in this area arise at the initiative of any of the parties, however, the consent or desire of the second party (carrier, consignor, consignee) is not a prerequisite for their occurrence. Moreover, such relations can also arise contrary to the wishes of the other party. Subjects of executive power within their powers require unconditional obedience to their orders. At the same time, they have the right to apply the measures of responsibility provided for by the administrative-legal norm. There are direct indications of this in international and national sources (Article 36 of the TIR Convention), Art. 12 of the Chicago Convention, Art. 65 of the Air Code of the Russian Federation, etc.).

The empowerment of executive bodies with the powers to bring violators of public law interests to administrative responsibility is due to the fact that in administrative and legal relations, in contrast to civil law, which are characterized by the responsibility of one party to the other, a different procedure has been established, according to which the responsibility of one party comes directly before the state represented by its competent authorities.

Transport links are an important and indispensable component of the functioning of international economic relations. Vehicles ensure the movement of goods and services on world markets from suppliers to consumers. Functionally, transport directly serves the process of circulation, merging with it completely. Outside of transport services, it is difficult to imagine the process of circulation of goods and services.

Transportation of goods and services, as it were, continues the production process. The cost of transporting the created products is added to total costs of this product and are included in the cost and price. They constitute additional distribution costs and act as an important component of the price. At the same time, the share transport costs in price can be quite significant (up to 30% of the cost of production). Therefore, the success of a foreign trade contract and its economic efficiency V to no small extent depend on how this or that cargo is transported, whether the most economical and high-speed vehicles are used for transportation.

The transport factor has always been considered as an important prerequisite for the intensification of world trade. The great geographical discoveries of the 16th-18th centuries were directly due to the growth of maritime navigation, which gave a powerful impetus to the development of world trade. Having mastered the power of steam and electrical energy In the 19th century, mankind significantly improved the means of transport. steamboats, railways made a real revolution in transport. All this, in turn, contributed further development world economic relations. International economic relations cause huge flows of movement of goods from one country to another. The transport network itself is formed within the framework of national economic systems. All types of transport (with the exception of maritime transport) have, first of all, on-farm purposes for their functioning. However, they also serve international transportation. As it expands and deepens international trade international transport links are also developing; The most important factors of their constant growth and qualitative improvement are:

1) rates and volumes foreign economic activity;

2) scientific and technical progress, the use of achievements of which directly affects the quality of vehicles.

Transport service of international economic relations is carried out in two directions: transportation of goods and transportation of passengers. We will consider mainly the first direction, because it is directly related to foreign trade contracts. Over the past 20-25 years, there has been a trend towards a reduction in the volume of transported goods. In the early 1970s, the total volume of international traffic was estimated at 4.5-4.6 billion tons. In 1996, the tonnage of traffic decreased to 3.8 billion tons. This fact does not indicate a drop in the pace of international trade, but changes in the structure of commodity exchange, where the share of fuel and raw materials as the most “transport-intensive” has decreased.

Transport is a combination of means of communication and mobile vehicles, as well as various structures and devices that create optimal conditions for their interaction. Thanks to transport, the necessary conditions are created for the completion production processes for the production of various products. Transport products should be considered directly as the process of moving goods from the manufacturer to the consumer. An essential feature of transport is its special place in international trade. On the one hand, transport international division labor is necessary condition its implementation, and on the other hand, the transport industry is international markets exporter of its products sold in the form of a transport service.

A feature of transport in foreign economic activity is the exposure of its products - transport services - to the influence of all factors characterizing the development of a market economy. First of all, this refers to fluctuations in fuel prices, the ratio of supply and demand for the transportation of goods, the state of political and economic relations of various states, and other factors.

The process of movement of goods, raw materials, materials and people is a necessary condition for the functioning of all types of foreign economic activity. The use of transport is necessary in international trade in goods, in production and marketing cooperation, in the construction of facilities abroad and in Kazakhstan with the help of foreign partners, in the activities of enterprises with foreign investments, in organizing tourism, in organizing international exhibitions and fairs.

Transport and foreign economic activity are closely interconnected and have a great influence on each other.

When carrying out foreign economic activity, it is necessary to perform a complex and specific set of transport operations that ensure the processing and movement of huge masses of various goods over long distances from manufacturers to consumers (Table 1).

It is necessary to single out three groups of transport operations, interconnected by the sequence of their implementation in the time section.

Table 1 - Classification of transport operations in foreign economic activity

	Classification sign	Operation types
	On the subject of transport operations	Freight, passenger, luggage
	By type of transport	Water (sea, river), rail, air, road, pipeline, multimodal transport (two or more modes of transport are involved)
	Depending on the transport characteristics of the goods	With dry cargo; bulk, ore, coal, grain, cement, mineral fertilizers, general or piece. With bulk cargo: oil and oil products, vegetable oils, fats, wine, liquid chemical cargoes and others.
	By frequency	Scheduled and non-scheduled services: liner and tramp shipping, regular air service and charter flights.
	Depending on the border crossing	Reloading and non-reloading transportation
	By type of transport and technological system	Container, ferry, lighter, ro-ro
	Depending on the completion of transportation in a neighboring country	Neighborhood, transit, ring
	By message type	Direct, indirect: broken lines with several carriers, with forwarding under one or more contracts of carriage
	Depending on the composition of the participants	Carried out by the manufacturer of the goods, the seller or the buyer, the customer of the goods, the carrier, the intermediary
	Depending on the venue	Carried out within the country and on the territory of other countries

The first group of operations includes actions preceding the implementation of a foreign trade transaction. This group of transport operations includes the following actions: planning of foreign trade transportation, market analysis transport markets, tariffs and conditions for the transportation of goods in the region, planning transport costs. The second group of transport operations arises in the process of implementing a foreign trade transaction and consists of the inclusion of transport conditions in a contract, preparation of goods for transportation, conclusion of transportation contracts and their execution, development of transport and shipping documentation, insurance, organization of control over the movement of goods, settlements of the seller or buyer with carrier, clearance of customs, border, sanitary, veterinary operations.

After the completion of the foreign trade transaction, the third group of transport operations is carried out, which includes possible disputes between the consignee and the carrier, the exporter (seller) and the importer (buyer).

In the transport process, all its participants: product manufacturers, customers, buyers, carriers, intermediaries - enter into complex economic and commercial legal relations regulated by various regulations, national laws and international legal regulations, customs.

Therefore, the transport support of foreign economic activity is a system consisting of a set of technical, technological elements, economic, commercial-legal, organizational impacts, various methods management of transport operations in the sphere of production, circulation and consumption of products, goods moved between the parties.

The process of delivery of goods in international trade includes, first of all, its transportation from the domestic point of production A to the border point (port) B of the exporting country; further international transit or sea transportation from point B to the border point (port) C of the importing country (if the trading partner countries do not have a common land border); and, finally, the transportation of goods from point C to the domestic point of consumption D (Fig. 20.1).

Under transport operations in their direct meaning is understood the provision of transportation of goods to sections A-B; B-V; V-G. These operations are carried out under a contract of carriage between the cargo owner and the carriers of the respective modes of transport. common use, which include conveyances and permanent devices belonging to transport organizations provided to cargo owners under contracts.

Transport operations are considered international if they are associated with the movement of foreign trade goods on external sections of the route relative to the exporting country and the importing country. transportation B-V. Legal relations arising in such transport operations between senders and recipients of goods, as well as between them and carriers, are of an international nature.

Rice. 20.1. Scheme of the process of delivery of goods in international trade

Carrying out international transport operations, carriers provide cargo owners with transport services, which are specific goods of international trade. International transport services are bought and sold on international transport markets. The prices of transport services (tariffs, freights, fees, etc.) and other conditions for their provision, in some cases are the subject of negotiations between the parties concerned, and in others - are established by the carriers themselves.

The level of tariffs (freight rates - for the carriage of goods by sea) are closely related to the loading volume, length or heaviness of the cargo, its cost, the state of the commodity market, the freight market conditions, the conditions of the ship's voyage and related costs. An important role is played by the qualitative characteristics of the cargo: its compatibility with other cargoes, the type of packaging, its ability to influence the stability of the vessel, susceptibility to damage and theft, etc.

Thus, cargo transportation services are the subject of sale and purchase in various transport markets. Countries participating in international economic relations, selling and buying transport services through their cargo-owning, transport and other organizations, export and import their goods.

The relationship between the participants in the transport process is governed by the transport terms of the contract of sale, contracts of carriage, as well as other written documents.

In international transportation, transport operations begin and end with foreign trade transactions, and transportation costs are directly taken into account and included in the price of the goods.

The implementation of the process of transporting goods from the manufacturer (seller) to the consumer (buyer) is associated with the need to prepare it for transportation, choose the most rational means of transport and method of transportation, as well as perform a number of commercial, sanitary-epidemiological and other operations. To do this, in accordance with the transport terms of the contract for the sale of goods, the seller and the buyer must conclude a contract of carriage and insurance, pay the costs of delivering the goods to the carrier, commissions, and insure the goods against possible risks.

Various options contracts for the export and import of goods are set out in a special compendium of the International Chamber of Commerce(2000, which is called INCOTERMS-2000, as well as in a number of other international agreements. They collectively regulate the organization of international transportation.

In the world there is no special, isolated from the national transport systems of international transport, intended exclusively for international transportation. International transportation is serviced by national carriers of various countries using their own rolling stock for this, as well as transport networks (railway, road, river, air) and transport hubs related to transport systems individual countries.

International transportation is the transportation of goods and passengers from one country to another on mutually agreed or internationally accepted economic and legal conditions.

Under the international transport of goods is understood the transport of goods for the needs of industry or trade, with or without payment, in the case when there is at least one border crossing between two countries along the route.

International shipping has two main features:

1) they are carried out between two or more countries;

2) their implementation is regulated by the conditions established by international agreements.

The first sign follows from the peculiarity of international transport, which consists in the presence of a foreign element: the transportation is carried out abroad. At the same time, specific transport issues arise that distinguish international transport from domestic.

The second feature is related to the specifics of legal relations in international transportation. The receipt of goods and passengers on the territory of a foreign state can be carried out in two different legal situations: in the presence of a bilateral or international agreement on international traffic or in its absence. Differences in the operation of certain modes of transport in different States often do not allow transportation on the roads on the basis of domestic law (especially railway transport). To eliminate the difficulties that arise in practice, international agreements on transportation are concluded.

Transportation is not international when transport process limited to the territorial boundaries of one state, despite the fact that one of its participants (consignor, consignee, passenger or carrier) is a foreigner. In such situations, international legal issues may arise, but they do not affect the process of international movement.

International transportation is classified according to a number of criteria.

Depending on the subject of transport operations, they are divided into the transportation of goods, passengers, cargo luggage.

Depending on the type of transport, water transport is distinguished (sea and river transport); ground (railway and automobile transport); air (air transport); pipeline (oil pipeline, gas pipeline).

According to the number of vehicles used, transportation is divided into direct traffic (served by one mode of transport) and mixed traffic (two or more modes of transport are used).

Depending on the frequency of transport operations, transportation is divided into regular (linear) and irregular (charter).

Taking into account the order of passage of border points (points of passage), transportation is divided into non-reloading (direct) and reloading (transfer).

According to the nature of transportation on the territory of a foreign state, neighboring transportations are distinguished (cargo is delivered to neighboring countries); transit (the route passes through intermediate countries); through (for example, Moscow - Kaliningrad through Belarus and Lithuania).

Depending on the composition of the participants in the transportation process, transportation is divided into those carried out by the manufacturer of the goods, the seller or buyer, the carrier, and the intermediary.

Depending on the location, transportation can be carried out within the country or on the territory of other countries. The first group of operations includes the organization of cargo delivery to border points, the transfer of goods, vehicles and various transport equipment abroad. The second group of operations carried out abroad includes redirection of cargo, the conclusion of a new contract of carriage, forwarding, agency, leasing, brokerage and other types of services for foreign trade cargo turnover and vehicles.

The process of cargo transportation, its delivery to the place of consumption, can be divided into the main (transportation, carried out by transport) and additional (encompassing a complex of various, complex and labor-intensive operations related to the transportation of cargo, but beyond the duties of the carrier) stages.

In turn, all operations can be divided into three main groups.

The first group of transport operations includes actions preceding the implementation of a foreign trade transaction. It includes: planning of foreign trade transportations; analysis of the conjuncture of transport markets, tariffs and conditions for the transportation of goods in the region; planning of transport costs, etc.

The second group of transport operations appears in the process of implementing a foreign trade transaction and consists of:

From the inclusion of transport conditions in the contract;

Preparation of goods for transportation;

Conclusion of contracts of carriage and their execution;

Development of transport and shipping documentation;

Insurance;

Organization of control over the movement of cargo;

Settlements of the seller or buyer with the carrier;

Registration of customs, border, sanitary, veterinary operations.

After the completion of the foreign trade transaction, the third group of transport operations is carried out, which includes possible disputes between the consignee and the carrier, the exporter (seller) and the importer (buyer).

1. Essence of international transport operations

Transport links are an important and indispensable component of the functioning of international economic relations. Vehicles ensure the movement of goods and services in world markets from suppliers to consumers. Functionally, transport directly serves the process of circulation, merging with it completely. Outside of transport services, it is difficult to imagine the process of circulation of goods and services.

Transportation of goods and services, as it were, continues the production process. The cost of transporting the created product is added to the total cost of this product and is included in the cost and price. They constitute additional costs of circulation and act as an important component of the price. At the same time, the share of transport costs in the price can be quite significant (up to 30% of the cost of production). Therefore, the success of a foreign trade contract and its economic efficiency to a large extent depend on how this or that cargo is transported, whether the most economical and fast vehicles are used for transportation.

The transport factor has always been considered as an important prerequisite for the intensification of world trade. The great geographical discoveries of the 16th-18th centuries were directly due to the growth of maritime navigation, which gave a powerful impetus to the development of world trade. Having mastered the forces of steam and electric energy in the 19th century, mankind has significantly improved the means of transport. Steamships, railways made a real revolution in transport. All this, in turn, contributed to the further development of world economic ties.

International economic relations cause huge flows of movement of goods from one country to another. The transport network itself is formed within the framework of national economic systems. All types of transport (with the exception of maritime transport) have, first of all, on-farm purposes for their functioning. However, they also serve international transportation. As international trade expands and deepens, international transport links also develop; The most important factors of their constant growth and qualitative improvement are: 1) the pace and volume of foreign economic activity;

2) scientific and technological progress, the use of the achievements of which directly affects the quality of vehicles.

Transport service of international economic relations is carried out in two directions: transportation of goods and transportation of passengers. We will consider mainly the first direction, because it is directly related to foreign trade contracts. Over the past 20-25 years, there has been a trend towards a reduction in the volume of transported goods. In the early 1970s, the total volume of international traffic was estimated at 4.5-4.6 billion tons. In 1996, the tonnage of traffic decreased to 3.8 billion tons. This fact does not indicate a drop in the pace of international trade, but changes in the structure of commodity exchange, where the share of fuel and raw materials as the most “transport-intensive” has decreased.

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