Azerbaijan state university of economics

1.3.General legal characteristics of transport contracts

Transport contract is carried out in the field of transport activities. As a result of the implementation of this agreement, civil and legal obligations arise between the parties. The transport contract is a type of civil-law transaction. The transport agreement provides transport service to another party, and the customer is paying for it in exchange for this service. Transportation contracts are primarily divisible according to the subject of transport. In this respect, the three types are distinguished

Cargo contract

Passenger Carriage Contract

Luggage contract

Any type of rolling stock can be transported as a cargo. The dangerous goods are transported in special order. Transportation contracts in the carriage of cargo can be divided into three groups

Contracts for the organization of cargo transportation

Freight Carriage Contracts

Auxiliary transport contracts

Each of these contracts is divided into separate contracts. For example, a contractual group of freight carriers includes an annual contract, a long-term contract, a special contract, and a route. The arrangement and the availability of a certain organizational basis are essential for the contract for the carriage of goods. Cargo transportation requires certain mutual actions. Carrying out of these actions is related to carrier and consignor's consent. Carrying out of the obligation of cargo carriage is achieved in the process of organizing. It is expressed in legal forms. The volume and duration of freight transportation in these forms are determined. The agreement on arrangement of cargo transportations helps to achieve stability in relationships between the carrier and the customer, and facilitates unnecessary disagreements and discrepancies in the handling of concrete cargo carriages. but eliminates disputes. But these contracts are m It does not have to be binding. Only a contract can be concluded between the parties.

The first feature of the contract for the organization of freight traffic is that this contract is concluded whenever it is necessary to carry out regular shipments. The second is the long-term contract for the organization of freight carriers. Third, the agreement on the organization of freight transportation consists of ensuring that the cargo plan is dispatched.Fourth, the arrangement is a contract that establishes the mutual relations between the parties for the transport of future cargoes. The fifth, the contract for the organization of freight carriage, provides specific conditions. Carrier's acceptance deadline is the submission deadline for the cargo shipper

Volume of shipment

Terms of transportation

Terms of reference for carriage of goods

Other terms not provided for in normative legal acts of organization of transportation

In the context of the contract on the organization of freight carriages, this contract consists of the rights and obligations of the parties to the contract. The main task of the carrier is to provide a vehicle. This includes several conditionalities:

The vehicle must be given in a reduced number

The vehicle must be given a conditioned period

The vehicle must be located at the designated location

The second vase of the dealer must provide the vehicle with a good carrying capacity. The vehicle must be in a position to ensure the burden of the cargo. The sender also has certain responsibilities. His main task is to deliver the cargo. The ship must be delivered on the basis of certain conditions. These terms are divided into two parts

General Terms

Special terms

The general conditions are that they are fulfilled in all circumstances regardless of the nature of the load. These conditions are of any type of burden.

General provisions include:

The condition in the name of the truck

The condition of the load

The condition that determines the weight of the cargo

Condition for packing

The prerequisite for declaring the price of a cargo

Both carrier and cargo bearer shall be liable for non-execution of their obligations under the contract for the organization of freight carriage. If the carrier fails to deliver the cargo to the sender or does not deliver it in due time, the consignor shall not be liable for the transporter - Carrying out the transport liability of passengers, in certain cases, in accordance with codes, regulations, as well as in the manner prescribed by the contract. In certain cases, the transport legislator determines the procedure for the exemption from liability. Such force shall not be imposed on force or limitation of freight transportation in certain directions, Other related reasons are in the system of transport contracts freight transportation contract is relatively more important. In accordance with this agreement, the material benefits are actually changed locally and locally. The legal contracts are divided into two parts;

Initial contract

Basic contract

In the initial agreement, an agreement is understood to mean that the parties undertake to conclude a contract in the future. The contract of arrangement of freight carries into the initial contract category. The basic contract is that it will be concluded in the future. The contract of freight carriage is the basic contract.

It plays a crucial role in the transport relationships.We can use such a performance of Marx, the law of time saving is the first and fundamental law in force in all socio-economic forms. The buyer does not take part in the contract. It can not be considered part of the contract of freight carriage, the consignee may require that the carrier be released from the carrier when the cargo is delivered to the destination. If the carrier fails to perform or improperly fulfills his obligations under the contract, the carrier may place the next requirements for the carrier.

About the loss of cargo

About the defect of the load

Damage, damage to the cargo

Not to be delivered on time to the destination

About emptying the load

The consignor has certain duties. The task is to take the cargo at the destination point and carry it from the station territory. Carrying out the duty of paying for a carriage contract may also be imposed on the loader. For this reason, we can say that the contract for cargo carriage in favor of a third party is a specific contract.

The content of the contract of carriage is considered by the parties to the contract. The communication is from the carrier and the customer. Any person of the right of transport may not act as a carrier. Only persons authorized to carry cargo on the basis of the law and license can perform the carrier function. , transportation by air, water and other transport is a licensed activity. The carrier's function can be both legal entities and natural persons. The conversation is about the status of a commercial organization or persons with a status of an individual entrepreneur. Persons intending to engage in mobile carriage apply to the appropriate authorities to obtain a license. The license is issued separately for each type of transport. the State Concern "Azeravtotransport" issued a license to carry out international and intercity passenger and freight transportation in the Republic of Azerbaijan and special permission for freight forwarding services in the Republic of Azerbaijan by Decree No 6 dated January 12, 1998 The Ministry of Transport of the Republic of Azerbaijan is currently carrying out this function. Previously, the license for the carriage of goods by air was given to Azal State Concern. For this purpose, the Cabinet of Ministers issued a resolution number 48 of 9 March 1998 entitled "and the rules for the issuance of special consignments for the transportation of passengers and freight, and for the transportation and forwarding services. Now the license is issued by the Ministry of Transport. Previously, The license was issued by the Azerbaijan State Caspian Sea Shipping Company. The Cabinet of Ministers approved the "Rules for granting special permits for international and long-distance passenger and freight transportation, freight forwarding services in the Republic of Azerbaijan" dated January 9, 1998, Now the license is issued by the Ministry of Transport. It does not require special consignment for rail freight. Because railway freight is not subject to licensed activities. Here the carrier is entitled to carry out freight transportation on the basis of the law, .The law does not stipulate the state system of licensing of railway transport activities. The application of the state system in the licensing of transport operations is conditioned by several reasons. Firstly, Licensing ensures the state's regulatory function in the transport sector. Secondly, the licensing allows customers to benefit from the transport service. Third, the licensing provides normal functioning of the transport service market. Fourth, licensing provides the safety of movement during the operation of vehicles. Individuals and legal entities can act as a consignee. It is not excluded that the State fulfills the function of the cargo, which is possible. However, in this case, the state is represented by its competent authorities. For example, the merchant delivery contract for the state needs can be delivered by the carrier to the customer In this case, the authorities representing the state act as a consignor also includes three categories of subjects.

Shipper

Carrier

Containers

As regards the subject of the contract of freight, it should be noted that this is an essential and essential element of the contract. It is the material and legal object of the contract. The subject matter is the transportation of the goods. In other words, the subject of the contract is the object of the contract. The legal form of this contract is the carrier's transportation services and activities. Regulated prices may also apply to certain types of transport services. The law on regulated prices is a rule defined by the legislation and the transport legislation. The provision of the rule is conditioned by the accomplishment of several goals:

First, to ensure the implementation of the socio-economic policy of the state

Second, limiting monopoly in the transport sector

Third, avoid unfair competition

The carrier transports the cargo to the designated destination for a certain period of time. This period is called transportation. Savichev, a Russian scientist, states that the term of delivery of the cargo to the consumer is an important condition of the contract for the carriage of goods. It is a fact that the non-stipulation in the contract stipulates the contract to be terminated. The freight forwarding agreement is officially registered. The document is officially applied. It indicates that the contract of cargo carriage is in simple written form. Because this document is the content of the first freight carriage agreement. The second is signed by the contractor .The law indicates that the carrier must have the signatures of the consignee. So, the two points we have mentioned are the two essential signs required for written agreements, including written agreements. Therefore, the overwhelming statement indicates that the contract of freight carriage is in a simple written form. the requisites, that is, the information required by the legislation. These details can be divided into two places.

- Required requisites

-Factual requisites

Required requisites are understood as basic and necessary information. They include:

- Location and date where the time is drawn

- Name and address of the consignor

-The name and address of the carrier

- Place and date of installation

- Names and numbers of parking places

- Cost of transportation

The facultative requisites include additional requisites specified in the order. These include:

- Prohibit the load of load and other vehicles

- Costs incurred by the sender at his own expense or by the freight forwarder

-The value that the carrier must pay to the carrier

Cost of the car

- Instruction on insurance of cargo sender

-Fixed terms for carriage of goods

- List of the items given to the carrier with the download

Overwhelming is considered to be the main transport document. This document is drawn up in three copies. Its first copy is issued to the consignor. The term is a document of legal significance and importance. It performs two basic functions.

-Recommendation function

-Confirmation function

The essence of the Customs clearance function is that this document acts as a means and form of a freight forwarding agreement. In this regard, the consignee expresses that the contract of carriage is compulsory in a simple written form. In other words, the shipper has a contract with a consignor in a simple written form. The essence of the verification function is that it proves that some actions are taken. That is why it is also called a subordinate function. These actions include:

Conclusion of a contract between carrier and carrier

- Acceptance of freight by carrier

- Acceptance of cargo by truck

- Ads or terms of sale of one of the contracting parties

- The right of the consignor to dispatch the cargo and the loader

- The carrier's right to pledge

It is responsible for the carrier for the accuracy and completeness of the information.The Civil Code of the Republic of Azerbaijan and the Law of the Republic of Azerbaijan "On Transport" provide a clear answer to this question. making it appear in four forms listed below

- Loss of load

- The lack of load

- Damage to load

The contract of carriage is referred to the category of consensus for its general civil-legal character. This feature does not constitute any controversy among the authors. The authors of the carriage agreement may say that the passenger carriage contract has a consensual characteristic. .The carriage of passengers is carried out from one place to another, so that the contract can only be formalized as a consensus agreement. The consensus nature of the contract of contract is explained for two reasons. For the first reason, is concluded, that is, it arises and this agreement is formalized by a travel ticket. The legislation specifies one: the passenger carriage contract is carried by the carrier is considered to be concluded as of the moment of receipt of the transport license for carriage of passengers or the carrier's consent with the carrier's transport. For the second reason, the contract of carriage of passengers is related to the transfer of the item. Therefore, the real contractual arrangement can not, in principle, be applied to that agreement. The form of the contract of passenger carriage and the order of closure have certain characteristics. The contract of passenger transportation is formalized by the road ticket. Because all the basic conditions of the contract are shown on the ticket. These terms are:

- The price of the contract of carriage

- Duration of the contract of passage

Road tickets fulfill three main functions:

Firstly, the road ticket performs the function of documenting the passengers' conveyance contract

Secondly, the road ticket performs a confirmation of the passage of the contract of carriage

Third, the road ticket performs the proven function of paying passengers.

The baggage conveyance contract is for the passenger transportation contract, besides the passenger, to deliver the luggage to the destination point and to the person authorized to take the baggage. The baggage is understood to mean the freight forwarded by the passenger with the baggage carriage. only items that could be packed in the basket could be transported.

The contract of transportation of passengers with a transport ticket in written form is carried out by the luggage receipt. In accordance with the contract of cargo transportation, the transport organization undertakes to deliver the luggage of the passenger to the destination point and to the person authorized to take the luggage and to pay the passenger a baggage allowance. because the contract is considered to be concluded from the moment when the luggage is delivered to the carrier. In this sense, the luggage contract differs from the contract of passenger carriage. The contract of passenger transportation is a consensual contract. The reason for this conclusion is that the luggage and carriage contract is not a single unit design. Baggage contract is a second-party contract. because the carrier has the authority to deliver the luggage to the destination point and to receive the luggage. The contract of carriage is a bilateral, subsidiary, subsidiary, contract. The contract is valid for the passenger carriage contract. It is dependent on the contract of passenger transportation and it is generated from it. the receipt as a rule

The first is that the luggage conveying contract is in simple written form

Secondly, handing over the luggage to the carrier

Third, the transportation of the baggage from the passenger for the transportation of baggage

Fourthly, according to its legal nature, it approves a separate agreement, which differs from the contract of passenger carriage. In this regard, the luggage receipt acts as a means of legal remedy.

The development of the transport system is of great importance for the Republic of Azerbaijan. Along with energy, communications, education, healthcare, infrastructure sectors of the country's economy, transport plays an important role in achieving social, economic, foreign policy and other state priorities by ensuring the primary needs of society. In the early 1990s, the Republic of Azerbaijan made the right choice towards the market economy. The reforms since then have had a major impact on the transport services, which have led to considerable changes in the regulatory environment of the transport sector. Since 1993, substantial renewal of transport infrastructure and management institutions has been undertaken. Along with the transition to organizational and regulatory activities, administrative management has been transferred to the state regulation system in the conditions of market economy, and some legal basis of transport activity has been established. The most obvious example of this is the creation of the Ministry of Transport of the Republic of Azerbaijan, the central executive authority that regulates and carries out a unified state policy in the areas of railway, water, automobile, civil aviation sub-sectors, which is an integral part of the transport infrastructure. During this period, the demand for passengers and freight has increased significantly, thereby boosting the rapid development of transport sector reforms. After gaining independence, the Republic of Azerbaijan embarked on a new stage of transport system development. Fundamental structural reforms have been completed. The country's economy has moved to the next stage of rapid development, leading to the creation of a legal basis for transport business in the conditions of market economy, and focusing on student activities and strong activities that reflect the needs of the market economy. Comparing sectoral reforms in transport has created an incentive for the formation of a single transport policy. One of the goals of a unified transport policy is to integrate sub-sectors and to improve skills in both integrated and multi-model transport systems in the transport service market. Increasing individual flexibility of transport is essential for ensuring the rights of citizens in the field of transport, as well as for improving the defense potential of the Republic of Azerbaijan. The key role of the transport sector is the provision of increasing demand, along with the principles of compliance with the social and economic development reforms being prepared by the Republic of Azerbaijan. Changing conditions necessitates the identification of key areas for the development of the transport system and the identification of the tasks set by the state in the field of transport development

The State supports the development of various types of transport by working in regulatory matters. The following are meant as a joint approach to state regulation in transport:

• The development of legal bases of transport activity on the basis of uniform principles;

• Development of targeted programs for the development of state resources distributed among different types of transport

• Policy regulating the implementation of taxation, financing, investment, technical and price control activities in the transport sector;

• A balanced allocation of budget funds and other resources allocated for the transport sector to different types of transport;

• Facilitate the need for mutual and multilateral transport, if necessary;

• Co-operation for the integration of entrepreneurial interests and needs for the development of the transport system:

• Facilitation of competition between transport types;

• Creation of unified information space in transport;

• Consolidation of efforts of the state and individual individuals for the development of the transport system, protection of their interests and their coordination.

The areas where the state is responsible for the management of traffic are as follows:

• development and completion of structural reforms

• improving the legal framework of transport activities;

• controlling the development and implementation of safety standards for transport processes, the impact of transport on the environment;

• ensuring transport safety;

• solving issues of defense and mobilization;

• fulfilling the requirements of the growing economy;

• Providing minimal transport services to all regions and regions of the country;

• maintaining the current base infrastructure of transport;

The areas where the state supports and stimulates relevant changes are as follows:

• The development of competition in the transportation services market;

• creating conditions for the application of innovative technologies in transport;

• to eliminate deficiencies in transport infrastructure

implementation of investment projects;

• Creating favorable conditions for local transport operators in the international transport services market and developing transport services;

• Increased access to transport services for vulnerable people and individuals with physical disabilities.

In the market economy, the basis of the functioning and development of the transport services market is the competition of independent non-state operators. The state's involvement in joint-stock companies can only be substantiated by a certain transition phase with companies that determine the sustainability of all segments of the national transport market. If the state is represented by a small number of shares in the company, then the relevant stock market should be realized in the market. State enterprises that compete with private operators in the transport services market should be privatized. The main development directions of the transport market are as follows:

• separation of potential competitor and monopoly areas of transport activity;

• Avoiding the functions of a carrier and at the same time monopoly infrastructure operator by a farming entity;

• Reduction of the natural monopoly sector;

• eliminating economic and administrative barriers that are inadequate for the competitiveness of transport operators;

• Improvement of the "permit" system for transport activities on the basis of licensing mechanisms and confirmation of compliance of vehicles and services with the requirements (certification of special purpose objects and means of transport included in the transport system);

• stage-by-stage transition from price regulation to the free market;

• stimulating business activities in the transport sector in different segments of the market;

• legal division of the freight transport sector and their protection from unfair competition

A special consent (license) is the relevant state executive body

(Ministry of Transport of the Republic of Azerbaijan). At the same time, there are still authorities-organizational relations that have the sign of administrative law. Therefore, these relations are formalized and regulated by administrative law. The following documents required to obtain a special permit (license) shall be submitted to the relevant state bodies (agencies):

- Application (name of legal entity, name of legal entity, legal form, legal address, bank requisites, type of activity, name of physical person, name, patronymic, surname, information on identity card and type of activity);

- Copy of enterprise documents;

- Copy of the certificate of state registration of the enterprise;

- a copy of the certificate of registration of taxpayers by physical persons involved in entrepreneurial activity;

- a document confirming payment of state fee for obtaining a license;

- copy of the document confirming the right of use of the petitioner (property right, lease right, etc.) for each of the objects mentioned in the application.

Privatization of state transport enterprises allows persons to carry out entrepreneurial activity related to transportation of passengers and cargoes. To carry out such activities, the legislation indicates that it is possible to deal with that activity only by license (by air and water transport and freight forwarding activities). This identifies the system and procedure for state licensing of the transport operation. The main and main tasks of such licensing include: Maintaining a regulative and regulatory role of the state in the field of transport; To ensure the normal functioning of the transport service market; Protect interests of customers (transport service consumers); Ensure the safety of traffic while driving.