Проблеми Законності (Jun 2018)
General characteristic of the contract of transport forwarding
Abstract
The proposed article is devoted to the study of the general characteristics of the contract of transport forwarding. Despite its legislative recognition, as well as the existence of numerous empirical papers are devoted to the study of this obligation, problems with the application, implementation and regulation of this legal design still exist. We made the conclusion that the peculiarity of the freight forwarding contract is the possibility of the freight forwarder to provide services of both actual (technical) and legal nature. In the Ukrainian modern situation, the problem of legal regulation of the transport forwarding contract is becoming more and more relevant, despite the fact that it is sufficiently explored from the point of view of science. This situation is conditioned by several factors, one of which is the successful geographical position of our country and its size. Due to the existence of such an obligation, as the contract of transport forwarding, enterprises or subjects of civil law relations are exempt from unnecessary problems associated with the transportation of cargo. The contract of transport forwarding is the most successful legal construction due to which the most effective cargo transportation is carried out not only from the point of view of the client - a business entity or a participant in civil law relations, but also from the point of view of the freight forwarder. After all, this transaction allows you to optimize their costs - both financial and labor. But for quite a long time the studied contract did not find its legislative fixation, which is explained by its complex nature. But since 2004, since the adoption of the Civil Code of Ukraine, an official legislative "recognition" of the existence of a freight forwarding agreement took place. Thus, Chapter 65 of the Civil Code of Ukraine contains seven articles on the regulation of the said treaty. They establish the concept of the contract of transport forwarding, as well as the requirements for its form. The economic code of Ukraine regulating relations between business entities contains only one article - 316, devoted to regulating the contract of transport forwarding. July 1, 2004 came into force a special regulatory act regulating activities in the field of transport forwarding - the Law of Ukraine "On transport and forwarding activities." It establishes the procedure for carrying out freight forwarding activities. Part 1 of Art. 8 and p. 2 of Art. 16 of the Law of Ukraine "On Freight Forwarding Activity" introduced the concept of "rules of transport and freight forwarding" into the system of legal relations of the freight forwarder and cargo owner. But these rules should have been approved by the government of Ukraine, and to date this has not happened. Despite the legislative recognition of the contract of transport forwarding, as well as the existence of numerous scientific works devoted to the study of this obligation, but problems with the application, implementation and regulation of this legal design still exist. The proposed article is devoted to the study of the general characteristics of the contract of transport forwarding.
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