Internal Water Transport Act of the Russian Federation; Air Transport Act; Railway Transport Act; Urban Vehicle and Electrical Transport; Rules On Urban Transportation of Passengers and Luggage by Vehicle and Electrical Transport; Rules on Railway Transportation of Passengers, Luggage and Cargo; Rules on Railway Transportation of valuable cargo; Rule on Transportation of Cargo Under the Specific Conditions… this list of laws on transportation and logistics in Russia is almost indefinite!
Only for railway transportation there are 33 established acts, linked with special features of such transportation. Lawmaking authority established the order of accepting, delivering, repair and transportation of dangerous goods and separate rules on transportation in containers… It seems that there is no single way of transportation left without the law for it.
Whichever area of transportation you are in (air, railway, water, land, public or cargo) – you will always face the regulations. Now, let’s look on the situation from a different angle, from the side of established liability. Here, we will see a long list of sections of Administrative Misconduct Act of the Russian Federation, which includes liability for different kinds of misconduct from transportation in a taxi (s.11.14.1 of Administrative Misconduct Act of Russian Federation) to transportation of cargo (s.12.21 Administrative Misconduct Act of Russian Federation).
In some cases, defendant can face serious liability, as such excess size of the cargo in transport without authorities’ approval leads to administrative fee up to 500,000 rubles.
Except the administrative fee, there is also a Civil Law liability for example for damaging roads. The further carrier took the oversized goods the greater damage he will have to repay, usually a large sum.
If you don’t believe, check the decision of Udmurt Court of Arbitration held on 17.10.2013 on the case N A71-9614/2013-G29. In this decision, it was held that the entrepreneur should repay 209 450 rubles for damaging the road. The decision of Nizhniy Novgorod County Court carried out on 29.09.2016 on the case N A43-15110/2016 the defendant was liable for 357 511 rubles of damages. There are loads of other examples, but we won’t be listing them, as it is very time consuming. One thing is clear; law making authority took transportation and logistics in Russia very seriously.
These facts may demotivate anyone from legal trainee to the qualified solicitor in the area. Nevertheless, there is no need to jump in this circle of statutes without giving it a thought. So let’s consider what you should be starting with…
As we know knowledge itself has no value, if the owner does not know how to apply them. That is the case with law as well, but it is also important to know when it is best to do. For example, if the decree on administrative misconduct won’t be considered as voidable within 10 days from the receipt, it is highly unlikely that situation will change.
As you see, it is very important not only to have knowledge but to understand the science behind the application of it. For the successful application, it is not enough to have theory, it is also important to understand the practical side of things. That is why, it is not recommended for large businesses to take of legal side alone or forward it to office lawyers. As the experience suggests, these attempts lead to negative and, often irreversible legal consequences.
Our company saw many cases in Russia when legal illiteracy of some solicitors led to the worst consequence – full bankruptcy of the business. That is why, we offer valuable advice to all organizations – do not save money on legal services. Of course, we would like you to become one of our permanent clients, but this advice is given not for that, but for saving your finance and energy.
We offer our clients quality legal service in the area of transport and logistics. Due to considerable experience in the field and the amount of competent qualified solicitors employed, Prime Legal LLC may guarantee the provision of legal services to the best professional standard.
If you appreciate your time and resources, contact Prime Legal LLC. You can personally evaluate our service, as many of our clients have already done. We guarantee promptness and the quality of the legal services. Contact us today, and tomorrow we would act in your best interest.