Ermuhametova S.R.
Associate Professor of labor law, civil law and civil conduct of the case of the Kazakh State University named after Al-Farabi, Almaty, Kazakhstan

Turganbek A.K.

Master of the department of labor law, civil law and civil conduct of the case of the law faculty of the Kazakh State University named after Al-Farabi Kazakh National University, Almaty, Kazakhstan

e-mail: azatx_93@mail.ru

Some questions on transportation by rail

Annotation. In accordance with the purpose of research analysis of the legal regulation of contracts of transportation by rail was carried out. The study presents a comparative analysis of the legal status of the parties in accordance with the peculiarities of the conclusion of rail transportation contract.

Key words: railway transport, the contract, consignor, the application.

One of the topical issues of civil law is the conclusion of rail transportation contracts. At present, despite the fact that the carriage is used much in public circulation, appearing from this different legal issues need to study this topic.

The main goal of our future is the need to constantly improve transport legislation responding the requirements of the market relations, developing in a sovereign state.

Transportation Contracts are often used in our everyday life. These agreements need to satisfy people's need for transportation of goods and passengers using the vehicles from one place to another.

General transport obligations are obligations that arise in the process of transportation of goods, passengers and adequate goods. The feature of such obligations is the emergence of non-material services. We believe that although our legislation still use the terminology of goods and adequate goods, but due to the fact that there are no criteria for separating them from each other it is necessary to specify the terms in the transport legislation.

The importance of considering the features of contracts of carriage by rail among all types of transport is that much of the cargo transported by rail, it is due to the high competitiveness of railway transportation in the conditions of market economy and its versatility in the service sector.

The development of rail transportation - the most important basis for the development of modern international trade. With the development of transport relations regulation of relations between the participants of the transport process and the national transportation system is carried out. The question that we are considering today is also an analysis of legal regulation of rail transportation relations.

Currently, rail transport contract form the basis of traffic and require solutions of many important issues. The main problem is to determine the nature of the transport contract. In the transportation contract of O.S.Yoff one party of the contract is the consignor and the consignee, and the second applies the concept cargo carrier and M.E.Hodunov considers that the contract of carriage is made to protect the rights of third parties, and does not consider the consignor and consignee as a one party of contract .

At the same time science tsivivlistike debate raises the question of the trilateral agreement dvuhstronnem and cargo traffic. As we are now considering on the one hand it can be regarded as a tripartite agreement, as The treaty states shipper pereozchik gruzopoluchatel.A and according to some opinions, it schitae6tsya two-way, because whatever the carrier, pays the one who sends the goods under the carriage of goods.

Under the contract, the carrier undertakes to carry his trusted shipper cargo intact with the implementation of all requirements of transport to the railway station at a particular time and deliver the consignee and the consignee (consignor) is obliged to accept the goods and pay the cost of transportation. Therefore, a contract is made by the transport organization and consignor. If after delivery of the goods cargo is is transferred to the cargo receiver range of obligations of participants limited to this. But mostly, as the consignee is indicated third parties, they are counterparties of the consignor and it is entrusted to them to receive the goods. The consignee is a party to the legal relationship.

Under the terms of the agreement on the transportation the carrier is obliged to accept the goods in a certain period, and the consignor is obliged to transfer the goods to a certain extent.

In the agreement on the organization of cargo transportation volume of goods, terms, quality, requirements for the allocation of the vehicle and shipping are indicated.

When handing over the goods the consignor is obliged to deliver the document to each cargo transported by rail or other documents specified in the legislation of the Republic of Kazakhstan.

As carriers and consignor need to transport regularly, they can conclude a long-term contract of carriage.

For the appearance of indicating by us liabilities we take as a basis for taking a contract entered into in accordance with the Civil Code of the Republic of Kazakhstan. In our opinion, the basis for relations in the railway transportation is the shipper claim. The legal ingredients for the emergence of treaty provisions on the organization of cargo transportation between the owner and the carrier is a volume contract and the consignor application.

Agreement on the carriage are not consider finished after signing the contract, like any other civil legal contract. Rather, they may be of two ways. First, put the signature, shipper application is applied then needs waybill on transport. If consignment agreement is concluded on the basis of applications, in many cases, the rules of the pre-contract are used.

E.A.Suhanov, considering the conditions of rail transport as the appearing liability, said that currently vehicles rental ( persons, who have own vehicles give them) and other legal forms of provision of transport services havet received a large development. But this does not mean that the state does not affect with full force on the work of transport, if it is classified as a monopoly system.

It is enshrined in article on the implementation of the uniform requirements of the system of main railways in the Law of the Republic of Kazakhstan "On railway transport" from 08.12.2001, № 266-II.

Any considered liabilities for transactions aimed at achieving specific goals and provide their inherent elements of the collection, that is, subjects, objects and content. Task of commitments is economic and legal. The economic task - is to achieve tangible economic results by the performance of commitments. In our considered commitments territorial condition of the goods is the economic objective of the carriage of goods.

Legal task of commitments is performed when the parties seek legal result. A legal task of transportation commitments - is the transfer of the goods to the person specified in the contract and shipping the goods to the place specified in the contract.

According to opinion of A.R.Sergeev, transportation of goods is considered as acceptance of the rules of transportation, this includes a number of vehicles for transportation, timing, volume and characteristics of the shipment.

The main objectives of such agreement - is an effective economic use of transport vehicles in accordance with the requirements of the market.

Legal characterization of the transport contract for many years regarded as one of the contentious issues. Some authors consider the contract of carriage as a contract of merger and transport organization has a monopoly in the sector of transportation. Persons providing transportation services to try to think more about their own benefit, and clients accept the conditions of the transport organization.

At the same time, in the theory a strict point of view of the carriage of goods contracts as specific contracts is formed. In paragraph 2, article 393 of The Civil Code of the Republic of Kazakhstan they say about the source of a particular design of the contract of carriage. Most contracts are consensual (from the Latin consensus - agreement) that is for concluding the contract is enough to have the agreement.

B ut some of the contracts,(such as the promotion, storage, loan, on transportation) concluded with the transfer of the object of the contract. Such an agreement is called specific, it must be approved for lawful acts.

Consensual or specific characteristics of the contract, usually stated in the definition of the contract.

Nevertheless, we can consider the use of a model contract of consensual relations. Its content is not only to demand delivery of the goods at a specific place, but also the requirement of transmission of vehicles. From this the conclusion of the consideration of the railway legislation the possibility of concluding the contract of carriage as a consensual contract comes. That is, when there is a consensual contract the responsibility of the parties for the use and non-use of the offered and not offered vehicles arises.

In summary, while concluding in the contract to protect the interests of the parties, we believe the definition of goods and proportional goods adopt legally.

We also consider the contract on the carriage of goods bilateral contract.

Used Books:

1. Law of the Republic of Kazakhstan "On railway transport" from 08.12.2001, № 266-II.

2. Civil Law. In 2 t.Tom II. Semivolume 2: textbook / Editor E.A.Suhanov M:. BECK Publishing House, 2003.

3. Civil Law. Textbook. Part II / edited by A.P.Sergeeva, Yu.K.Tolstoy. M .: "Prospect", 1998.