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Regular version of the site

Article

Правовое регулирование международных автомобильных перевозок грузов, пассажиров и багажа

Право и политика. 2014. № 9. С. 1379-1398.

This article is devoted to the evaluation of the modern tendencies in the sphere of legal regulation of international automobile carriage of goods, passengers and luggage within the context of branches in the structure of international trans¬portation law. The latter being a branch of international private law is a complex of legal norms, which are containedin the national legislation, international treaties and customs regulating the obligations regarding carriage of goods, passengers and luggage in the international transportation. The specific feature of carriage of goods, passengers and luggage in the international transportation is the large amount of material legal norms of international character in comparison with the conflict of laws norms, as well as the presence ofa wide range ofnorms ofdomestic legislation, which are speciallyformulated for the saidpurpose. In this article with the help of comparative legal method of studies the authors provide detailed evaluation of the most important sources of international law regarding automobile transportation of goods, passengers and luggage in trans-border communications, including the UNECE Geneva Convention of 1956 on the Contract for the International Carriage ofGoods by Road (CMR) and the UNECE Geneva Convention of1973 on the Contractfor the International Carriage of Passengers and Luggage by Road (CVR). The authors consecutively view international norms regulating the legal status of subjects of contracts for carriage by road, the main obligations of the parties to such a contract, responsibility of carrier for non-performance or undue performance of contractual obligations, complaint procedure for dispute settlement, period of limitation, and procedure for the dispute resolution on contracts for the automobilecarriage of goods, passengers and luggage. For the first time this article provides a detailed study of the Yalta Treaty of the CIS of2003 on the interaction among the CIS Member States in the sphere of international carriage of goods by car and the Saratov Treaty of CIS of 1999 on obligatory insurance ofpassengers in the international carriage by road. Bothtreaties are regional and they are key factors for the legal regulation of international automobile carriage in the sphere of CIS.