The law of international transport. International private law

5.1. International Treaties Russian Federation

The basis of the system of international treaties regulating air transportation is formed by the provisions of the Convention on International civil aviation 1944 (Chicago Convention). Part of the Convention is the Charter of the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations. Eighteen annexes to the Convention, as well as documents issued by ICAO, provide for international aviation regulations - standards, recommended practices, procedures.

The Russian Federation participates in more than 130 bilateral international agreements on air traffic. These agreements, based on the rules of the Chicago Convention, determine the commercial rights of the cooperating states in the implementation of air transportation of passengers, baggage, cargo and mail, which (the rights) are exercised by the airlines designated by the states (the actual users of the rights) in accordance with the commercial agreements they conclude. The “package” of such rights includes seven so-called “freedoms of the air”, covering transit traffic, transportation between states - partners under the agreement, transportation from the state participating in the agreement to third countries.

An example of regulation of the right to fly and transport on a bilateral basis is Art. 3 of the Agreement between the Government of the Russian Federation and the Government of the Slovak Republic on air traffic of 1995. In accordance with this Agreement, the airline designated by each Contracting Party will enjoy the following rights when operating the contracted line along the established route: a) fly over the territory of the other Contracting Party without landing; b) make landings on the territory of the other Contracting Party for non-commercial purposes at the points named in the annex to the Agreement; c) make landings in the territory of the other Contracting Party at the points named in the annex to the Agreement for the purpose of loading and (or) unloading passengers, mail and international cargo.

The granting of such rights to the airlines of the Parties may not be considered as granting the right to the designated airline of one Contracting Party to take on board passengers, mail and cargo for their transportation between points in the territory of the other Contracting Party for remuneration or on a lease basis.

The conditions for broad, covering various regions of cooperation in the field of air transport of passengers, baggage, cargo are determined by the Convention for the Unification of Certain Rules Concerning International Air Transport, 1929 (Warsaw Convention of 1929). In 1955, the Warsaw Convention was amended by the Hague Protocol, subsequently supplemented by the Guadalajara Convention of 1961, the Guatemala Protocol of 1971 and the Montreal Protocols (No. 1-4) of 1975. The Russian Federation in the Guatemala Protocol and the Montreal Protocols, which provided for an increase in the carrier's liability limits regardless of his fault, does not participate.

In the Warsaw Convention (hereinafter referred to as the Convention as amended by the Hague Protocol), international carriage is understood to mean any carriage in which the place of departure and the place of destination (regardless of whether or not there is a break in carriage or transshipment) are located either on the territory of two States Parties to the Convention, or in the territory of the same State Party, if the stopover is provided for in the territory of another State, even if that latter State is not a Party to the Convention. Carriage without such a stopover between two places in the territory of the same State Party is not considered to be international within the meaning of the Convention.

Transportation can be carried out by several successive carriers. Such transportation is considered to be single if it is considered as one operation, regardless of whether it is formalized by one contract or a number of contracts. Carriage of this kind does not lose its international character merely because one or more contracts must be performed wholly within the territory of the same State.

The Convention does not apply to the carriage of postal mail and postal parcels.

The Convention establishes uniform requirements for the details of transportation documents (travel ticket, baggage receipt, air waybill), the procedure for their issuance, the consequences of absence, incorrect execution, loss.

Central to the Convention are the rules on carrier liability. The carrier is liable for damage that occurs in the following cases:

death, injury or any other bodily injury to a passenger, if the accident resulting in injury occurred on board the aircraft or during embarkation and disembarkation operations;

destruction, loss or damage to checked baggage or cargo, if the incident that caused the damage occurred during air transportation;

delays in the air transportation of passengers, baggage, cargo. The carrier is released from liability if he proves that he took all necessary measures to avoid harm, or that it was impossible for him to take such measures. However, if the carrier proves that the fault of the person who has suffered injury caused or contributed to the injury, the court may, in accordance with its law, eliminate or limit the liability of the carrier.

The Convention limits the carrier's liability for damage caused to a passenger, baggage, cargo, carry-on baggage.

The Warsaw Convention of 1929 determined the limits of the carrier's liability in the amount of 125,000 French gold francs for each passenger, 250 French gold francs for 1 kg of cargo or baggage, and 5,000 French gold francs for things carried by the passenger. The Hague protocol doubled the limits of liability in respect of a passenger (250,000 French gold francs).

The law of the court in which the action is brought may establish compensation in the form of periodic payments. In this case, the equivalent capitalized amount of payments must not exceed 250,000 French gold francs. The carrier and the passenger, by concluding a special agreement, may establish a higher limit of liability.

Any reservation leading to the release of the carrier from liability or to the establishment of a limit of liability less than that established in the Convention is null and void and does not give rise to any consequences, but the invalidity of the reservation does not entail the invalidity of the contract itself.

The limits of liability shall not be applied if it is proved that the harm occurred as a result of an act or omission of the carrier, committed with the intent to cause harm or of a reckless nature with the knowledge that as a result of such an action (omission) harm may be caused.

An action for liability must be instituted within the territory of one of the States Parties to the Convention, at the choice of the plaintiff, in the court of the carrier's place of residence, at the place where the head office of his enterprise is located, at the place where the carrier has an office through which the contract was concluded, or in destination court. The Convention determines the period within which an action for liability must be brought: within two years from the moment the aircraft arrived at its destination, or from the day when the aircraft should have arrived, or from the moment the carriage was stopped. The procedure for calculating the term is determined by the law of the court in which the claim is brought.

The few conflict-of-laws rules contained in the Convention refer to the law of the court: to resolve issues of the possibility of establishing compensation in the form of periodic payments, on awarding the plaintiff the costs incurred by him and other costs of the trial, on the procedure for calculating the period after which the plaintiff loses the right to claim. The Convention does not address issues related to the procedure for determining the amount of compensation, the circle of persons entitled to compensation in the event of the death of a passenger.

The Montreal Agreement of 1966, signed by airlines flying to the United States, raised the carrier's limit of liability for death or personal injury to a passenger in international transportation on airlines passing through the United States to $75,000, including legal fees, or to $58,000. US dollars, if legal costs are reimbursed separately. The Agreement provides for the objective liability of the carrier.

In 1971, the Guatemalan Protocol increased the carrier's liability limit to the passenger by six times compared to the Hague Protocol (up to 1.5 million French gold francs). The Guatemalan Protocol allows a subsequent increase in this limit every five years and introduces a number of changes to the Warsaw Convention (regulation of the carrier's liability for causing harm to the health of a passenger, regardless of fault; regardless of fault, the carrier's liability for unsafe baggage is also built). The Protocol did not receive the required number of ratifications and did not enter into force.

In the Montreal Protocols (No. 1-4.) 1975, the carrier's liability is expressed in SDRs. The limit of the carrier's liability for a passenger is in Protocol No. 1 - 8300 SDR, Protocol No. 2 - 16,600 SDR, Protocol No. 3 - 100,000 SDR; the limit of liability for 1 kg of cargo is according to protocols No. 1, 3, 4-17 of the SDR.

The Guadalajara Convention, in which the Russian Federation is a party, has extended the Warsaw Convention and the Hague Protocol to international carriage performed by an actual carrier (and not by a carrier under the contract).

5.2. Air Code of the Russian Federation

and international air transport issues

The Air Code of the Russian Federation defines international air transportation as transportation in which the point of departure and the point of destination are located:

respectively in the territories of two states;

on the territory of one state, if the point (points) of landing on the territory of another state is provided.

This definition is based on the provisions of the Warsaw Convention of 1929.

The carrier is liable to the passenger of the aircraft and the cargo owner in the manner prescribed by the legislation of the Russian Federation, international treaties of the Russian Federation, as well as the contract for the carriage of passengers by air, the contract for the carriage of goods by air or the contract for the carriage of mail by air. The liability of the carrier for harm caused to the life or health of an aircraft passenger during air transportation is determined in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation (“Obligations due to infliction of harm”), unless a higher amount of the carrier’s liability is provided for by law or the passenger’s air transportation agreement, as well as international treaties of the Russian Federation.

For the loss, shortage or damage (spoilage) of baggage, cargo, as well as things that are with the passenger, during international air transportation, the carrier is liable in accordance with international treaties of the Russian Federation.

The carrier is entitled to enter into agreements with passengers, consignors or consignees to increase the limits of its liability in comparison with the limits established by the Air Code of the Russian Federation or international treaties of the Russian Federation.

The owner of an aircraft for harm caused to life or health or property of an aircraft passenger during air transportation, as well as for harm caused to life or health or property of third parties during air transportation, is liable in the amount provided for by the civil legislation of the Russian Federation, unless otherwise provided international treaty of the Russian Federation.

The Air Code provides for compulsory liability insurance of the aircraft owner to third parties. When performing flights and aviation work in the airspace of the Russian Federation, the minimum sum insured is established in the amount of at least two minimum wages established by federal law at the time of conclusion of the insurance contract, for each kilogram of the maximum take-off weight of the aircraft. When performing international flights and aviation work in the airspace of foreign states, the minimum amount of the sum insured is established in accordance with the legislation of the relevant foreign state.

The following amounts of sums insured have been established for compulsory insurance of the carrier's liability to the passenger of the aircraft: under a passenger life and health insurance contract - not less than a thousand minimum dimensions wages; under a luggage insurance contract - at least two minimum wages; under the contract of insurance of things that are with the passenger - at least ten times the minimum wage.

Liability insurance of the carrier to passengers of an aircraft performing an international flight, including liability for loss, shortage or damage (spoilage) of baggage, as well as things that are with passengers, is mandatory. The amount of the sum insured must not be less than the amount stipulated by the international treaties of the Russian Federation or the legislation of the relevant foreign state.

Foreign aviation enterprises, international operating agencies and foreign individual entrepreneurs have the right to carry out commercial activities in the field of civil aviation in the manner prescribed by the legislation of the Russian Federation and international treaties of the Russian Federation.

The Air Code of the Russian Federation (Article 63) provides for the following requirements to be met when carrying out this activity:

1) international air transportation and (or) aerial work is carried out subject to the receipt of appropriate licenses;

2) the named enterprises, agencies and entrepreneurs do not have the right to: a) take on board in the territory of the Russian Federation aircraft passengers, baggage, cargo and mail for air transportation to the territory of a foreign state or to transport them to the territory of the Russian Federation from the territory of a foreign state, unless otherwise provided by an international treaty of the Russian Federation or issued in the manner established by the Government of the Russian Federation, one-time permits of a specially authorized body in the field of civil aviation; b) on the territory of the Russian Federation to take passengers, baggage, cargo and mail on board aircraft for air transportation within the territory of the Russian Federation without permission from a specially authorized body in the field of civil aviation, issued in the manner established by the Government of the Russian Federation.

Foreign aviation enterprises may open their representative offices on the territory of the Russian Federation in accordance with the legislation of the Russian Federation and (or) international treaties of the Russian Federation.

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Ivanov G. G., Makovsky A. L. International private maritime law. Leningrad: Shipbuilding, 1984.

Lunts L. A. Course of private international law. In 3 volumes. Special part. Ch. IX (written by O. N. Sadikov and A. L. Makovsky). M.: Legal literature, 1975.

Makovsky A. L. International treaties on the unification of maritime law. Chamber of Commerce and Industry of the USSR. Merchant Shipping and Maritime Law Section. M., 1983.

Makovsky A.L. Unification of maritime law and the concept of private international law. Soviet Yearbook of International Law. 1979. M.: Nauka, 1980.

Maleev Yu. N. International air law: questions of theory and practice. M., 1986.

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Yudenkov V. International road transport // Law.1997. No. 5.

Unlike other modes of transport, passengers occupy the first place in air transport. Air transport is widely used for the transportation of urgent, perishable, valuable and other goods, baggage and

Aviation has certain advantages over other modes of transport. The most important of them are: high speed of movement of passengers and goods; shortening the path, which has a significant impact on saving time for the delivery of passengers and goods; the speed of organizing air traffic; high maneuverability and adaptability of air transport to various objects of transportation, to their seasonal fluctuations1.

International air transport is regulated mainly by the 1944 Convention on International Civil Aviation, the 1929 Convention for the Unification of Certain Rules Concerning International Air Transport (Warsaw Convention), bilateral treaties of the Russian Federation and the national legislation of states.

According to Art. 6 of the 1944 Convention, no scheduled international air services may be carried out over the territory or into the territory of the States Parties, except with the special permission or other authorization of that State and in accordance with the terms of such permission or authorization.

The 1944 Convention distinguishes the following types of air services: regular, irregular, cabotage. Permissive order is established for regular messages. Non-scheduled flights for commercial purposes are also permissive. Coastal transportation is carried out within the territory of the state.

The 1944 Convention does not prevent two or more states from establishing joint air transport organizations or international operating agencies and pooling their air services on any routes and in any areas (Article 77).

The legal conditions for the international carriage of goods and passengers are determined by the Warsaw Convention of 1929 (supplemented by the Hague Protocol of 1955).

In Art. 1 of the Warsaw Convention of 1929, the following definition of air transportation is given: 1) the place of departure and the place of destination, regardless of whether or not there is a break in transportation or reloading, are located on the territory of two states participating in the Convention; 2) the place of departure and the place of destination are in the territory of the same State party to the Convention, but the stopover is provided for in the territory of another state, even if it is not a party to the Convention. Air transportation performed by several consecutive flights is considered to be a single one.

In accordance with Articles 3,4 and 8 of the Convention, a contract of carriage is drawn up for passengers by drawing up a travel ticket, baggage - a baggage receipt, cargo - an air waybill. Each consignment note must be executed in three original copies and handed over together with the cargo. The first copy is intended for the carrier and signed by the consignor, the second is intended for the consignee, signed by the consignor and accompanies the cargo, and the third is signed by the carrier and handed over to the consignor after the cargo is accepted for transportation.

The air waybill must include the following data: place and date of the air document; place of dispatch and delivery; agreed stopping places; name and address of the Consignor; name and address of the first carrier; name and address of the consignee; the nature of the cargo;

number of places, packing method, features of marking or numbers on places; weight, quantity, volume and dimensions of the goods; statement that the carriage is in accordance with the rules relating to liability under the 1929 Convention.

Unless otherwise stated in the air waybill, the shipper and consignee have the following rights:

the consignor - may dispose of the cargo before it is delivered to the consignee, if he presents his copy of the air waybill to the carrier and pays all relevant costs;

can secure rights on its own behalf, even if it acts in the interests of another person, subject to the fulfillment of all obligations under the contract of carriage;

consignee - has the right to demand that the carrier hand over the goods and the air waybill upon their arrival at the destination and payment of the relevant fees, as well as the fulfillment of other conditions specified in the waybill; forcibly exercise the rights on his own behalf, even acting in the interests of another person, subject to the fulfillment of all obligations by the consignor under the contract of carriage -

In accordance with Art. 20 of the 1929 Convention, the carrier is released from liability if it is proved to him that he and his agents took all necessary measures in order to avoid causing harm, or it was impossible for them to take such measures. Thus liability in the 1929 Convention is based on fault. Moreover, the burden of proving the absence of guilt lies with the carrier.

The carrier's liability under Art. 12 of the Convention is limited to the amount of 125 thousand francs for a passenger, 250 francs per kilogram of cargo and baggage and 5 thousand francs for a passenger's hand luggage. The Hague Protocol of 1955 doubled the first of these limits to 250,000 francs. In addition, the national court may award to the plaintiff the reimbursement of all or part of the legal costs incurred by him. When declaring the value of baggage and cargo, the carrier, in case of their non-safety, is obliged to pay the amount within the declared amount, unless he proves that it exceeds the actual interest of the passenger (cargo owner).

According to Art. 28 of the Convention, an action may be filed at the choice of the plaintiff in the courts of one of the following states: at the place of residence of the carrier, at the location of his head office or office where the contract was concluded, or at the place of performance of the carriage.

In May 1999, the Montreal Convention was adopted to unify certain rules for international air transportation. The convention enters into force when 30 states ratify it. It clarifies: the concept of air transportation, the obligations of the parties, the limits of liability in the SDR, the jurisdiction for resolving disputes, etc.

Chapter XV of the Air Code of the Russian Federation of 1997 (AC RF) is devoted to the issues of international air transportation. According to 6v. 100 of the Civil Code of the Russian Federation, a carrier is an operator that has a license to carry out air transportation of passengers, baggage, cargo or mail on the basis of air transportation agreements. International air transportation is considered to be air transportation, in which the point of departure and the point of destination are located: a) respectively on the territories of two states; b) on the territory of one state, if the point (points) of landing on the territory of another state is provided.

Under the contract for the carriage of goods by air, the carrier undertakes to deliver the goods entrusted to him by the consignor to the destination and issue them to the person authorized to receive the goods (consignee), and the consignor undertakes to pay for air transportation.

The contract for the carriage of a passenger by air, the contract for the carriage of goods by air or the contract for the carriage of mail by air shall be certified by a ticket, a baggage receipt, a freight or postal bill, respectively.

In Art. 107 of the Civil Code of the Russian Federation lists in detail the grounds for termination, at the initiative of the carrier, of the validity of the contract for the carriage of passengers by air and the contract for air reloading of cargo. In particular, these contracts may be terminated in the event of a violation by a passenger, cargo owner, consignor of passport, customs, sanitary and other requirements established by the legislation of the Russian Federation in terms of air transportation, in international air transportation also by the rules determined by the relevant authorities of the state of departure, destination or transit. The basis for the termination of the contractual air transportation of a passenger is the presence in the things that are with the passenger, as well as in the baggage, cargo of objects or substances prohibited for air transportation.

In turn, the passenger of the aircraft has the right to refuse the flight by notifying the carrier no later than 24 hours before the departure of the aircraft.

In ch. XVII VK RF contains rules on the liability of the carrier, operator and consignor.

The carrier is liable to the passenger of the aircraft and cargo owners in the manner prescribed by the legislation of the Russian Federation - International treaties of the Russian Federation, as well as the contract for the air carriage of a passenger, cargo or mail -

The operator is obliged to compensate for the damage caused during the operation of the aircraft, unless he proves that the damage arose as a result of force majeure or the intent of the victim.

In case of violation of the air transportation agreement, at the request of the passenger, consignor or consignee and upon presentation of transportation documents by one of them, the carrier is obliged to draw up a commercial act. The last to verify the circumstances that may serve as the basis for the property liability of the carrier, passenger, consignor or consignee.

In case of damage (spoilage) of baggage or cargo during international air transportation, the person entitled to receive it, upon detection of damage, must notify the carrier in writing no later than 7 days from the date of receipt of the baggage and no later than 14 days from the date of receipt of the cargo.

In case of delay in the delivery of baggage or cargo, a claim must be submitted within 21 days from the day the baggage or cargo was transferred to the person entitled to receive it.

In case of loss of baggage, cargo or mail, a claim against the carrier may be filed within 18 months from the day the aircraft arrived at the airport of destination, from the day the aircraft was supposed to arrive, or from the day the air transportation was terminated.

For harm caused to life or health or property of an aircraft passenger during air transportation, the owner of the aircraft shall be liable in the amount provided for by the civil legislation of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation.

In the event of harm to life or health or property of third parties during air transportation, the owner of the aircraft shall be liable in the amount provided for by the civil legislation of the RUSSIAN Federation, unless otherwise provided by an international treaty of the Russian Federation.

The issues of regulation of international air transportation are also reflected in the bilateral agreements of the Russian Federation. For example, the 1996 Agreement between the governments of the Russian Federation and the Kyrgyz Republic on air traffic and cooperation in the field of air transport states that commercial issues relating to aircraft flights and the transportation of passengers, cargo and mail on contractual lines will be resolved by agreement between the designated airlines. and be submitted for approval to the aeronautical authorities of the Contracting Parties. Fares on any contracted route must be set at a reasonable level, taking into account all relevant factors, including operating costs, reasonable profits and other airlines' fares for any part of the established route.

Air transportation of goods, passengers and baggage in international transport law is regulated by the norms of both national legislation and international treaties. At the same time, the international nature of such transportation determines the large role of international intergovernmental and non-governmental organizations in the unification legal regulations and technical standards governing air transportation in interstate air traffic. The most important of these organizations are international organization civil aviation (ICAO) and the International Air Transport Association (IATA). The main sources of legal regulation of the carriage of goods, passengers and baggage in international air traffic are national legislation and international treaties. Russian national legal acts in this area include:
. The Air Code of the Russian Federation, containing Ch. XV "Air transportation" and Ch. XVII "Responsibility of the carrier, operator and consignor";
. Federal Aviation Rules "General Rules for the Air Transportation of Passengers, Baggage and Cargo and Requirements for Servicing Passengers, Consignors, Consignees", approved by Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 No. 82, as amended. dated April 30, 2014 (hereinafter - the Rules). The Rules are applied in the implementation of domestic and international air transportation of passengers, baggage, cargo by flights according to the aircraft schedule and additional flights (regular flights) and flights under an aircraft charter agreement (charter flights). When performing international transportation, the Rules are applied to the extent that they do not contradict the international agreements of Russia on air traffic. Carriers have the right to establish their own rules for air transportation. These rules must not conflict general rules air transportation and worsen the level of service for passengers, consignors, consignees (clauses 2-4 of the Rules).
The most important international treaty in the field of air transportation of goods, passengers and baggage is the Warsaw Convention of 1929 for the unification of certain rules relating to international air transportation (hereinafter referred to as the Warsaw Convention). In 1955, it was supplemented by the Hague Protocol (hereinafter referred to as the Hague Protocol). At present, the Warsaw Convention has acquired a truly universal character, and the number of its participants is more than 100 states. Russia is a party to both the Warsaw Convention and the Hague Protocol as a result of international succession. Subsequently, new documents were adopted that amended the Warsaw Convention. This applies primarily to the Guatemalan Protocol of 1971, which increased the limit of the air carrier's liability for damage caused to the life and health of a passenger, and introduced the principle of the carrier's objective liability regardless of his fault, as well as to the Montreal Protocols No. 1-4 of 1975, which changed the unit of account used to calculate the limits of air carrier liability by introducing the SDR instead of the Poincaré franc and reaffirmed the principle of fair carrier liability.
In 1961, the Guadalajara Convention, supplementary to the Warsaw one, was adopted to unify certain rules relating to international air transport carried out by a person who is not a carrier under the contract (hereinafter referred to as the Guadalajara Convention). The Guadalajara Convention has extended the principles of the Warsaw Convention to transport by leased aircraft. All the above-mentioned documents constituted the so-called Warsaw system, which now seems to be very cumbersome and ineffective due to the different composition of the circle of participating States in relation to each document. For many years, the issue of consolidating the documents of the Warsaw System into a single act was raised, and work in this direction was carried out within the framework of the ICAO Legal Committee. On the basis of the project developed within its framework, the Montreal Convention of 1999 was adopted to unify certain rules of international air transportation (hereinafter referred to as the Montreal Convention).
The main reason for the adoption of the Montreal Convention is that the concept of air carrier responsibility, enshrined in the Warsaw Convention at the beginning of the 20th century, no longer corresponds to the level of development and degree of reliability of modern air transport. With an increase in this level, the priorities in the regulation of the liability of the air carrier have shifted towards providing the most complete compensation for harm to victims of aviation accidents, which led to the emergence of a new legal regime for international air transport, proposed by the Montreal Convention. It is this circumstance that explains the fact that the number of participants in the convention is growing rapidly and has now exceeded 80 states. Thus, the complex of international documents regulating the air transportation of goods, passengers and baggage in interstate traffic is as follows:
1) documents of the Warsaw system:
. Warsaw Convention 1929;
. The Hague Protocol of 1955;
. Guatemalan Protocol 1971;
. Montreal Protocols 1975;
. Guadalajara Convention of 1961;
2) Montreal Convention ICAO 1999
The Warsaw Convention as amended by the Hague Protocol applies to any international carriage of goods, passengers and baggage carried out for a fee by means of an aircraft. It also applies to free transportation if they are carried out by an airline by means of an aircraft (clause 1, article 1). International carriage in the sense of the Warsaw Convention is any carriage in which the place of departure and the place of destination, regardless of whether or not there is a break in carriage or transshipment, are located either on the territory of two states - parties to the convention, or on the territory of one and the same state - member if the stopover is provided for on the territory of another state, even if that state is not party to the convention. Transportation without such a stop between two points located on the territory of the same state party to the convention is not considered international (clause 2, article 1).
The Warsaw Convention applies to all international traffic that meets the above requirements, regardless of whether they are carried out by state-owned airlines or other public legal entities or by private airlines. The Convention does not apply to the carriage of postal correspondence and postal parcels (Article 2). International air transportation is carried out on the basis of transportation documents, which are transport documents and confirm the conclusion of an air transportation agreement. These transport documents are:
1) in the contract for the carriage of goods by air - an air waybill. According to the terminology of the convention, this is an air transportation document that has functions similar to those of a bill of lading. At the same time, unlike the bill of lading, the air waybill is not a negotiable document and cannot be transferred by endorsement;
2) in the contract of air carriage of a passenger - an air ticket;
3) in the contract for the carriage of baggage by air - a baggage receipt.
The Montreal Convention applies to all international carriage of passengers, baggage or cargo carried out for reward by means of an aircraft. It also applies to free transportation carried out by means of an aircraft by an air transport company. International carriage is any carriage in which the place of departure and the place of destination, whether or not there is an interruption in carriage or transshipment, are located either on the territory of two Member States or on the territory of the same Member State if the agreed stop provided for in the territory of another State, even if that State is not a State Party. Transportation without such a stop between two points located on the territory of the same State Party is not considered international in the sense of the convention (clauses 1-2, article 1). When transporting passengers, an individual or group transportation document is issued containing:


The carrier provides the passenger with a baggage identification tag for each piece of checked baggage (clauses 1, 3, article 3). When transporting cargo, an air waybill is issued. Instead of an air waybill, any other means that keeps a record of the forthcoming shipment may be used. If such other means are used, the carrier shall, at the request of the sender, issue a receipt for the goods to enable him to identify the goods and to access the information contained in the record maintained by such other means (art. 4). Thus, any transportation is subject to the Warsaw and Montreal conventions if:
. the place of departure and the place of destination of carriage, regardless of whether there is a break in carriage or reloading, are located on the territory of two states - parties to one or another convention;
. the place of departure and the place of destination of the carriage are in the territory of the same state party to one or another convention, but the air carriage contract or otherwise provides for a stop in the territory of another state, even if it is not a party to both conventions.
The Warsaw and Montreal conventions apply to international traffic carried out within the framework of scheduled and non-scheduled international air services. Both conventions also apply to carriage carried out by several successive carriers if it is regarded by them as a single carriage.

1. Legal regulation of international air transportation of goods

According to the Warsaw Convention, each carrier of goods has the right to require the consignor to draw up and hand over to him an air consignment note. Each consignor has the right to require the carrier to accept this document. The air transportation document is drawn up by the sender in three original copies and handed over together with the goods (Article 6). The consignor has the right, subject to the fulfillment of all obligations arising from the contract of carriage, to dispose of the cargo, either by taking it back from the aerodrome of departure or destination, or by stopping it on the way when landing, or by giving instructions to release it at the place of destination or on the way to another person than the recipient named in the air transport document, or by requiring the return of the goods to the airport of departure, insofar as the exercise of this right does not prejudice either the carrier or other consignors. The consignor's right to dispose of the goods terminates at the moment when the recipient's right to dispose of them arises. Moreover, if the recipient refuses to accept the shipping document or cargo, or if they cannot be transferred to him, then the sender again acquires the right to dispose of the cargo (Article 12).
According to the Montreal Convention, the air waybill (air waybill) contains:
. indication of points of departure and destination;
. if the points of departure and destination are in the territory of the same Member State and one or more of the planned stops are in the territory of another State, an indication of at least one such stop;
. indication of the weight of the shipment (art. 5).
The air waybill is drawn up by the sender in three original copies. The first copy is marked "for the carrier" and signed by the sender. The second copy is marked "for the recipient" and signed by the sender and the carrier. The third copy is signed by the carrier, who hands it over to the sender upon acceptance of the goods. The signatures of the carrier and the sender may be printed or stamped (clauses 1-3 of article 7). The air waybill or receipt for the cargo, until proven otherwise, is evidence of the conclusion of the contract, the acceptance of the cargo and the conditions of carriage specified in them (clause 1, article 11). According to the position of N. N. Ostroumov, the air waybill performs four main functions: until proven otherwise, it is evidence of the conclusion of the contract, the acceptance of the cargo by the carrier, the conditions of transportation and gives the right to the cargo owner to dispose of the cargo.

2. Legal regulation of international air transportation of passengers and baggage

According to the Warsaw Convention, when transporting passengers, an air ticket must be issued, which is evidence of the conclusion of a contract for the carriage of a passenger and its conditions. The absence, incorrect execution or loss of an air ticket does not affect either the existence or the validity of the contract of carriage. Moreover, if, with the consent of the carrier, a passenger is taken on board an aircraft without issuing an air ticket to him or if the ticket does not contain a notification about the application of the Warsaw Convention to him, then the carrier does not have the right to refer to the limit of his property liability (paragraphs 1-2 of Article 3 ). When carrying checked baggage, a baggage receipt must be issued, which is a certificate of baggage check-in and conclusion of a baggage carriage agreement. The absence, incorrect execution or loss of the baggage receipt does not affect either the existence or the validity of the contract of carriage. Moreover, if the carrier takes care of the baggage without issuing a baggage receipt or if the baggage receipt does not contain a notice of the application of the Warsaw Convention to it, then the carrier does not have the right to refer to the limit of his property liability (paragraphs 1-2 of Article 4) .
According to the Montreal Convention, when transporting passengers, an individual or group transportation document is issued containing:
. indication of points of departure and destination;
. if the points of departure and destination are in the territory of the same Member State, and one or more of the planned stops are in the territory of another State, an indication of at least one such stop.
Instead of the document mentioned above, any other means that keeps a record of the movement information can be used. If such other means are used, the carrier shall offer to provide the passenger with a written statement of the information thus stored. The carrier shall provide the passenger with a baggage identification tag for each piece of checked baggage. The passenger is given a written notice that if the Montreal Convention is applied, it regulates and may limit the liability of carriers in the event of death or bodily injury of the passenger, as well as in the event of destruction, loss or damage to baggage and delay in its issuance (clauses 1-4 of Art. 3).
As V. D. Bordunov notes, the core of the contract for the international carriage of passengers and baggage by air is the obligation of the designated carrier to transport the passenger and his baggage from the international airport of his country to the international airport (airports) of another country. By its nature, this obligation can be defined as a transport obligation that mediates the intangible services provided by the carrier to the passenger. This transport obligation becomes such for the carrier only if the passenger pays the fare established for the carriage, which is evidence of the passenger’s express consent to the conditions of carriage and confirmation of the fact of concluding an agreement on strictly certain period. The contract for the international air carriage of a passenger has a compensatory and consensual character.
Central to the Warsaw Convention is the issue of limiting the liability of an air carrier for damage caused to the life and health of a passenger, as well as for damage resulting in the loss or damage to baggage and cargo. The carrier is liable for damage caused to the life and health of a passenger if the accident that caused the damage occurred on board the aircraft or during embarkation and disembarkation operations (Article 17). The carrier is liable for damage caused in the event of destruction, loss or damage to checked baggage or cargo, if the damage is caused during air carriage. Air transportation covers the period of time during which baggage or cargo is under the guardianship of the carrier, whether this is at the airport, on board the aircraft or elsewhere in the event of landing off the airport.
The carrier is liable for damage resulting from delay in the carriage of passengers, baggage or cargo by air (Article 19). The carrier is not liable if he proves that he or his agents have taken all necessary measures to avoid causing damage; that the adoption of such measures was objectively impossible; that the damage was caused by the wrongful acts or omissions of the injured person (arts. 20-21). The Warsaw Convention establishes the following limits on the property liability of an air carrier (Article 22):
1) in the carriage of passengers, the carrier's liability for the life and health of each passenger is limited to 250,000 Poincaré francs. In the case of a special agreement between the carrier and the passenger, a higher limit of liability may be established;
2) when carrying checked baggage or cargo, the liability of the carrier is limited to 250 Poincaré francs per 1 kg of gross weight of the lost or damaged baggage or cargo. If the passenger or the consignor declares its value at the time of transferring the baggage or cargo to the carrier, the carrier shall be liable within the declared amount, unless he proves that this amount exceeds the actual value of the objects being transported;
3) in the case of carry-on baggage (items left by the passenger), the liability of the carrier is limited to 5,000 Poincaré francs in respect of each passenger.
The Guatemalan Protocol introduces the responsibility of the air carrier for causing harm to the life and health of a passenger, regardless of fault (liability is excluded if the harm is caused by the passenger’s state of health or his fault) and increases the limit of the carrier’s liability to the passenger by 6 times compared to the Hague Protocol (up to 1,500,000 Poincaré francs). A subsequent increase in this limit every five years by about 10% is envisaged. Responsibility for the failure of baggage rests with the carrier regardless of his fault and is excluded when it is the result of the external properties of the baggage or the fault of the victim. For the delay in the delivery of a passenger, a special limit of liability of the air carrier has been introduced - 62,500 Poincaré francs per passenger.
The Montreal Protocols allow the use of electronic computing devices when registering transportation, and also establish the liability of the air carrier in case of non-safety of the cargo, regardless of its fault (liability is excluded if the carrier proves that the destruction, loss, damage or delay in delivery or damage to the cargo occurred as a result of inherent shipment of quality defect or improper packaging, act of war or armed conflict, acceptance of an act by an authority state power associated with the import, export or transit of goods). The limits of liability of the air carrier are expressed in SDRs and amount to 100,000 SDRs for damage caused to the life and health of a passenger (Minutes No. 4); for 1 kg of gross weight of lost or damaged cargo - 17 SDRs (Protocols No. 1, 3, 4). The Guadalajara Convention, to which Russia is a party, extended the Warsaw Convention and the Hague Protocol to international carriage performed by an actual carrier (and not by a carrier under the contract).
In accordance with the norms of the Montreal Convention, the carrier is liable for causing harm to the life and health of a passenger, as well as for the loss or damage to checked baggage on the principle of objective and guilty liability (Article 17); for loss or damage to cargo, as well as unchecked baggage - on the principle of guilty liability (Article 18), and the carrier's fault is presumed until he proves that the adverse consequences were caused by one of the circumstances mentioned in paragraph 2 of Art. 18 (these include hostilities, armed conflicts, acts of state authorities, improper packaging of cargo, inherent quality defects of the cargo). In any case, the carrier is released from liability if it proves that the harm to the life and health of the passenger, the loss or damage to baggage or cargo were caused by the negligence, wrong actions or inaction of the person claiming compensation (Article 20).
The central place in the Montreal Convention is given to the issues of limiting the liability of the air carrier, and for this two methods of calculating the limits of liability are used: for IMF member states it is set in SDRs, for other states - in Poincaré francs. The Montreal Convention establishes the following limits on the property liability of an air carrier:
1) when transporting passengers, the objective liability of the carrier in relation to the life and health of each passenger is limited to the amount of 100,000 SDRs or 1,500,000 Poincaré francs (Articles 21, 23). If the damage is caused in excess of SDR 100,000, then the carrier bears guilty liability, the limit of which is not limited;
2) in the event of damage resulting from a delay in the carriage of baggage or cargo, the liability of the carrier in respect of each passenger is limited to the amount of 4,150 SDRs or 62,500 Poincaré francs (clause 1, article 22, article 23);
3) when carrying luggage, the carrier's liability for its loss or damage is limited to the amount of 1,000 SDRs or 15,000 Poincaré francs in respect of each passenger (clause 2, article 22, article 23);
4) when transporting cargo, the carrier's liability for its loss or damage is limited to the amount of 17 SDRs or 250 Poincaré francs per 1 kg of gross weight of the lost or damaged cargo (clause 3, article 22, article 23). The carrier may stipulate that higher limits of liability than those provided for in the convention apply to the contract of carriage, or that no limits of liability apply (art. 25).
Compared to the norms of the Warsaw Convention, the Montreal Convention introduces a two-tier system of liability. The first level establishes objective liability in the amount of up to 100,000 SDR, regardless of the fault of the carrier. The second level is based on the presumption of fault of the carrier and does not provide for the limitation of liability.
According to the Warsaw Convention, the receipt of baggage or cargo without filing a claim implies their delivery in proper condition and in accordance with the terms of the transportation document. In case of damage, the consignee or the recipient of the baggage must file a claim with the carrier immediately after the discovery of the damage, but no later than seven days from the date of receipt of the baggage and 14 days from the date of receipt of the cargo. In case of a reasonable delay in filing a claim, the period for filing a claim is extended, but under no circumstances should it exceed 21 days from the date of delivery of the cargo or baggage to the recipient. The claim is expressed in the form of an entry included in the shipping document or in the form of another written document drawn up within the period provided for by the convention. Failure to file a claim against the carrier deprives the recipient of the cargo or baggage of the right to sue the carrier in the future (Article 26).
The Montreal Convention provides for a mandatory claim procedure for resolving disputes between the recipient of the cargo or baggage and the carrier. The claim must be submitted to the carrier in writing. The receipt of checked baggage or cargo by the recipient without objection constitutes an assumption, until proven otherwise, that the baggage or cargo was delivered in good condition according to the shipping document. In the event of damage, the person entitled to receive baggage or cargo must send an objection to the carrier immediately upon discovery of it and no later than seven days from the date of receipt of the checked baggage and 14 days from the day of receipt of the cargo. In the event of a delay, the claim must be made no later than 21 days from the moment the baggage or cargo was placed at the disposal of the recipient (art. 31). The limitation period is two years from the moment the aircraft arrives at its destination (Article 35).
Thus, neither the Warsaw nor the Montreal Conventions provide for a mandatory claim procedure for filing claims against an air carrier for causing harm to the life or health of a passenger. A different picture is observed when issuing cargo to the recipient and baggage to the passenger. In the event that the cargo or checked baggage is found to be unsafe or the carrier violates the conditions contained in the transportation document, both conventions provide for mandatory claim proceedings, i.e. the obligation of the consignee and passenger to file a claim (objection) immediately. In case of damage to cargo and luggage, there are deadlines for filing claims. According to the Warsaw Convention, in case of damage to baggage, this period is 3 calendar days, and cargo - 7 calendar days, counting from the day they were received. In case of delay in the delivery of cargo or baggage, a claim must be filed within 14 days from the moment the cargo was placed at the disposal of the recipient (clause 2, article 26). The Hague Protocol increased the duration of these periods to 7, 14 and 21 days, respectively, which is preserved by the Montreal Convention (clause 2, article 31, article 52).
According to the Warsaw Convention, disputes arising from contracts for the international carriage of goods, passengers and baggage by air are subject to consideration in the courts of the states - parties to the convention at the place of residence of the carrier; at the location of the main management body of the carrier; at the location of the carrier's enterprise through which the contract of carriage was concluded, or at the place of destination of the carriage (Article 28). The limitation period for initiating civil proceedings is two years from the moment the aircraft arrives at its destination (Article 29).
The Montreal Convention provides for a plurality of jurisdiction (competitive jurisdiction) for claims against carriers brought before state courts. The action must be brought, at the option of the claimant, within the territory of one of the Member States, or in a court at the place of residence of the carrier, at his principal place of business, or at the place where he has commercial enterprise through which the contract was concluded, or in the court of the place of destination of the carriage. In respect of damage resulting from the death or bodily injury of a passenger, an action for liability may be brought in one of the above-mentioned courts or in the territory of the Member State in which the passenger, at the time of the accident, has his principal and permanent place of residence and to or from which the carrier provides air transport services for passengers either on its own aircraft or on the aircraft of another carrier under a commercial agreement, and in which this carrier carries out air transport activities for passengers using premises, leased by the carrier himself or another carrier with whom he has a commercial agreement, or owned by him or such other carrier (clauses 1-2 of article 33).
Thus, the statute of limitations for international air transport is two years. This period begins to run from the moment the passenger, cargo or baggage arrives at its destination, or from the day when the aircraft was supposed to arrive, or from the moment the transportation was terminated (clause 1, article 35 of the Montreal and clause 1, article 29 of the Warsaw Convention). Both conventions establish alternative jurisdiction. The claim may be brought within the territory of one of the states - parties to the conventions at the choice of the plaintiff in one of the following courts:
. at the carrier's place of residence (carrier's domicile);
. in place of the main commercial activities carrier;
. at the place where the carrier has a commercial enterprise (institution, office), through which the contract of carriage is concluded;
. in the court of the place of destination of transportation (clause 1, article 28 of the Warsaw Convention and clause 1 of article 33 of the Montreal Convention).
At the same time, the text of the Montreal Convention includes the fifth option of jurisdiction (the so-called fifth jurisdiction) in relation to claims for compensation for harm caused to the life and health of a passenger during transportation, which allows for the possibility of bringing a claim against the carrier at the place of residence of the victim. According to paragraph 2 of Art. 33 of the Montreal Convention in respect of damage resulting from the death or bodily injury of a passenger, an action for liability may be brought in court in the territory of the State Party in which the passenger has his main and permanent residence at the time of the accident. According to paragraph 3 of Art. 33 of the Montreal Convention "principal and permanent residence" means one fixed and permanent place of residence of a passenger at the time of the accident. The nationality of the passenger is not a determining factor in this regard.
Unlike the Warsaw Convention, the Montreal Convention provides for the possibility of submitting a dispute for resolution to arbitration on the basis of an arbitration agreement of the parties, but only in relation to a contract for the carriage of goods. The parties to the contract for the carriage of goods may stipulate that any dispute relating to the liability of the carrier under the convention shall be subject to arbitration. Such an agreement shall be made in writing. Arbitration at the choice of the claimant is held in one of the places in accordance with the competence of the courts provided for in Art. 33. The arbitrator or arbitral tribunal shall apply the provisions of the convention. The requirements of Art. 34 shall be deemed an integral part of any arbitration clause or agreement, and any term of such clause or agreement that is inconsistent with them shall be null and void. In general, the adoption of the Montreal Convention can be regarded as a progressive step towards the international consolidation of legal norms relating to air transport on a universal basis.

• The concept and system of international private law
  • The concept and subject of private international law
  • The place of international private law in the system of law, its basic principles
  • Normative structure of private international law
  • Methods of regulation in private international law
  • Unification and harmonization of norms of private international law; the role of international organizations in its development
• Sources of private international law
  • The concept and specifics of the sources of international private law
  • National law as a source of international private law
  • International law as a source of private international law
  • Judicial and Arbitration Practice as a Source of International Private Law
  • Doctrine of law, analogy of law and law, general principles the rights of civilized peoples as a source of private international law
  • Autonomy of the will of the subjects of legal relations as a source of private international law
• Conflict law - the central part and subsystem of private international law
  • Basic principles of conflict of laws
  • Collision norm, its structure and features
  • Types of conflict rules
  • Interlocal, interpersonal and intertemporal law
    • interpersonal law
    • Intertemporal law
  • Main types of collision bindings
    • Law of nationality (personal law) of a legal entity
    • The law of the location of a thing
    • Law of the country of the seller
    • Law of the place of the act
    • Law of place of offense
    • Debt currency law
    • court law
    • The law chosen by the parties of the legal relationship (autonomy of will, the right to choose the law by the parties, a clause on the applicable law)
  • Contemporary Issues conflict law
  • Qualification of the conflict rule, its interpretation and application
  • Limits of application and effect of conflict rules
  • The theory of references in private international law
  • Establishing the content of foreign law
• Subjects of private international law
  • Position individuals in private international law; determination of their civil legal capacity
  • Civil capacity of natural persons in private international law
  • Guardianship and guardianship in private international law
  • Legal status legal entities in private international law
  • Specifics of the legal status of transnational companies
  • Legal status foreign legal entities in the Russian Federation and Russian legal entities abroad
  • The legal status of the state as a subject of international private law
  • The main types of civil legal relations with the participation of the state
  • International Intergovernmental Organizations as Subjects of Private International Law
• Property law in private international law
  • Conflict of ownership issues
  • Legal regulation of foreign investments
  • Legal status of foreign investments in free economic zones
  • Legal status of property of the Russian Federation and Russian individuals abroad
• Law of foreign economic transactions
  • General provisions
  • Conflict issues of foreign economic transactions
  • Scope of the obligation status for foreign economic transactions
  • Form and procedure for signing transactions
  • International legal unification of the law of foreign economic transactions
  • International trade custom
  • The "lex mercatoria" theory and non-state regulation of foreign economic transactions
  • Contract of sale
  • Obligations of the parties in the contract for the international sale of goods
  • Contract for the exclusive sale of goods
  • franchise agreement
  • Leasing agreement
• International transport law
  • General provisions of international transport law
  • International rail transport
  • Legal relations in the field of international rail transport
  • International road transport
  • Legal relations in the field of international road transport
  • International air transportation
  • Legal relations in the field of international air transportation
  • Air transportation on attracted vessels
  • International shipping
  • Relationships associated with the risk of navigation
  • Legislation of the Russian Federation in the field of merchant shipping and navigation
• International private monetary law
  • The concept of "International private monetary law". financial leasing
  • Factoring agreement
  • International payments, currency and credit relations
    • International payments
  • Forms of international payments
  • International settlements using a bill of exchange
  • International payments using a check
  • Legal specifics of monetary obligations
• Intellectual Property in Private International Law
  • Concept and features intellectual property
  • Specifics of Copyright in Private International Law
  • International copyright and related rights protection
  • Specifics of industrial property law in private international law
  • International and national regulation of invention law
• Marriage and family relations in private international law (international family law)
  • The main problems of marriage and family relations with a foreign element
  • Marriages
  • Divorce
  • Legal relationship between spouses
  • Legal relationship between parents and children
  • Adoption (adoption), custody and guardianship of children
• Inheritance legal relations in private international law (international inheritance law)
  • The main problems in the field of inheritance relations complicated by a foreign element
  • Legal regulation of inheritance relations with a foreign element
  • Inheritance rights of foreigners in the Russian Federation and Russian citizens abroad
  • The mode of "escheat" property in private international law
• International private labor law
  • Conflict problems of international labor relations
  • Labor Relations with a foreign element according to the legislation of the Russian Federation
  • Accidents at work and "crippled" cases
• Obligations from torts in private international law (international tort law)
  • The main problems of obligations from offenses (torts)
  • Foreign doctrine and practice of tort obligations
  • Tort Liabilities with a Foreign Element in the Russian Federation
  • Uniform international legal norms of tort obligations
• International civil process
  • The concept of international civil procedure
  • The principle of "law of the court" in international civil proceedings
    • The "law of the court" principle in international civil litigation - page 2
  • National legislation as a source of international civil procedure
  • International treaty as a source of international civil process
  • Auxiliary sources of international civil process
    • Auxiliary sources of international civil procedure - page 2
• Litigation of civil cases with a foreign element
  • General principles of the procedural position of foreign persons in civil proceedings
  • Civil procedural law and legal capacity of foreign persons
    • Civil procedural law and legal capacity of foreign persons - page 2
  • Legal status of a foreign state in international civil proceedings
  • International jurisdiction
  • International jurisdiction in national law
    • International jurisdiction in national law - page 2
  • International jurisdiction in international agreements
  • The presence of a process in the same case between the same parties in a foreign court as a basis for leaving the claim without consideration
  • Establishing the content of foreign law, its application and interpretation
    • Establishing the content of foreign law, its application and interpretation - page 2
  • Judicial Evidence in International Civil Procedure
  • Execution of foreign letters of request in national law
  • Execution of foreign letters of request in accordance with international treaties
  • Recognition and enforcement of foreign judgments
  • Recognition and enforcement of foreign judgments in national law
    • Recognition and enforcement of foreign judgments in national law - page 2
  • Recognition and enforcement of foreign judgments in international agreements
  • Notarial acts in private international law and international civil procedure
• International commercial arbitration
  • Legal Nature of International Commercial Arbitration
  • Types of International Commercial Arbitration
  • Law Applicable by Arbitration
  • Arbitration Agreement
  • The nature, form and content of the arbitration agreement; its procedural and legal consequences
    • The nature, form and content of the arbitration agreement; its procedural and legal consequences - page 2
  • Recognition and enforcement of foreign arbitral awards
  • International commercial arbitration abroad
  • International commercial arbitration in the Russian Federation
  • International legal basis for the activities of arbitration courts
  • Consideration of investment disputes

International air transportation

The legal regime of the air transport environment is the scope of public law (national and international). All states have created special air traffic services (ATS). The basic principle of ATS is that only one controller controls the flight of an aircraft. The air transport environment is divided into the sovereign airspace of specific states and international airspace.

Flight Information Regions have been established in international airspace. Within the flight information region, airspace is divided into controlled, advisory and restricted airspace (restrictive and prohibited areas). At the interstate level, a global system for managing international air traffic has been created, the main role in which is assigned to the International Civil Aviation Organization (ICAO).

The main document regulating the use of international and national airspace is the Chicago Convention on International Civil Aviation of 1944. The Chicago Convention has played an incomparable role in the development of international air law. The Convention established the general rules for the operation of civil aviation in the implementation international communications; categories of international flights (regular and non-scheduled); defined the concept of international flights and air routes.

Regular flights of aircraft engaged in international flights are carried out along air routes, the passage of which is stipulated in bilateral and multilateral international agreements on air traffic.

The main purpose of the Chicago Convention is the legal regulation of international air communications and commercial activities. The Convention enshrined a list of commercial air freedoms: basic, additional, prohibition of cabotage. There are 18 annexes to the Chicago Convention. The International Civil Aviation Organization (ICAO) was created on the basis of the Convention. The ICAO Charter is part of the Convention. Currently, within the framework of ICAO, international aviation regulations are being developed.

The legal basis for international air communications are interstate agreements (universal, regional, bilateral): the Pan American Convention on Commercial Aviation of 1928; Aircraft Compulsory Security Convention, 1933; "Bermuda-type" agreements; Agreements of 1944 on international transport air traffic and on international air transport; Geneva Convention on the International Recognition of Rights to Aircraft of 1948; Strasbourg standard project 1959; Agreement on open sky CSCE 1992 The security of civil aviation is ensured primarily at the international legal level.

In this area, a large role belongs not only to international conventions, but also to international legal customs, judicial and arbitration practice, and national laws.

The Warsaw Convention of 1929 for the unification of certain rules for international air transport is the basis for the legal regulation of international air transport.

Agreements supplementing the Warsaw Convention: The Hague Protocol of 1955 (considered an integral part of the Warsaw Convention), the Guatemala Protocol of 1971 amending the Warsaw Convention, the Guadalajara Convention of 1961 on the unification of certain rules relating to international air transport (established the concept of "actual carrier"), the Montreal Protocol of 1975, the Montreal Interim Agreement of the Airlines of 1966, the Montreal Agreement of 1999 for the unification of certain rules for international air transport.

The totality of the norms of these agreements as a whole constitute the Warsaw system of regulation of international air transportation. The International Air Transport Agency (IATA) - a special non-governmental organization, an association of airlines of ICAO member states - is engaged in determining the specific conditions for international air transportation.

In the implementation of air communications between States, there are problems associated with legal status aircraft, the liability of the carrier for causing harm to third parties, collision and rescue of aircraft. In order to eliminate conflicts of national law, create guarantees for the carrier and its creditors, several international agreements have been adopted.

The 1948 Geneva Convention on the International Recognition of Rights to Aircraft is aimed at ensuring the rights of persons and organizations that have provided credit for the purchase of aircraft. The main content of the Convention is the rules on the recognition of liens on aircraft, on the procedure for the sale of a vessel in pursuance of a court decision in order to satisfy the rights of a creditor.

The 1933 Convention for the Unification of Rules on Enforcement Measures in Respect of Aircraft refers to such measures as decisions of a court or body government controlled, allowing the aircraft to be detained if the decision to apply such measures is not made in the ordinary proceedings. Such measures should not apply to aircraft used exclusively for public service on regular lines, as well as to aircraft ready to take off with passengers and cargo.

The 1952 Rome Convention on Compensation for Damage Caused by Foreign Aircraft to Third Parties on the Surface of the Earth determines that liability arises regardless of the fault of the owner of the aircraft. Indemnifications: the injury is the result of an armed conflict or civil unrest; the owner of the aircraft could not use it on the basis of an act of public authority; the guilt of the victim.

The liability limit of the shipowner is limited to a maximum, the size of which depends on the weight of the vessel. The Convention provides for the provision of a liability guarantee to the aircraft owner, which must take the form of liability insurance, a bank guarantee or a deposit of the appropriate amount. The Convention also contains detailed rules on the procedure for lodging claims and enforcing judgments.

The Warsaw Convention of 1929 is the primary international legal source of the law of international air transportation. The Convention defines international air transportation as a transportation in which at least one of the points of landing is located on the territory of another state. Scope of the Warsaw Convention: transportation of goods, passengers, baggage, combined transportation. The Convention does not apply to air transportation between the states-participants of the Convention and the states not participating in it; does not apply to mail shipments.

The Warsaw Convention applies to the following air services:

1. The place of departure and the place of destination, regardless of the interruption in carriage, are located on the territory of two States Parties to the Convention
2. The place of departure and the place of destination are located on the territory of one state - a party to the Convention, but the stopover is provided for on the territory of another state, possibly not party to the Convention

In international air traffic, flights are often performed by several carriers in succession. From the point of view of the Warsaw Convention, such transportation is considered as a single one, regardless of how it is framed - by one or more contracts. In multimodal transport, the provisions of the Warsaw Convention shall apply only to the air part of the transport. However, on the basis of an agreement between the parties, it is possible to include conditions relating to other types of transportation in the air transportation document.

The Warsaw Convention establishes the rule of plurality of jurisdiction (alternative international jurisdiction): a claim may be filed at the choice of the plaintiff in the competent court of any State Party; to the court at the place of residence of the carrier; at the location of the main department of his enterprise; at the location of the office that concluded the contract of carriage; to the court of destination. This norm has an imperative character - all agreements that change the rules on jurisdiction established in the Convention are invalid.

However, two exceptions are allowed: by virtue of a special agreement between the carrier and the passenger, the maximum amount of the carrier's liability may be increased; when transporting goods, an arbitration agreement may be concluded within the limits of the territorial competence of the courts established by the Convention. The 1971 Guatemalan Protocol supplements the rules of jurisdiction for passenger aircraft: a claim may be brought at the passenger's place of residence if the carrier has its establishment in that state.

The main content of the Warsaw Convention is the unified substantive norms of an imperative nature. There are practically no general conflict-of-law bindings in the Convention, there are only a small number of conflict-of-law bindings on particular issues (and all of them provide for the exclusive application of the law of the place of court). The provisions of the Warsaw Convention are currently implemented in the national legislation of most countries of the world.

The provisions of the Warsaw Convention on the liability of the carrier, developed during the formation of civil aviation, have long been outdated, and most of the subsequent agreements of the Warsaw Treaty System are aimed precisely at increasing the limits of the carrier's liability. The first increase in the carrier's liability limit was enshrined in the Hague Protocol of 1955, twice as high as that established in the Warsaw Convention.

The 1966 Montreal Interim Agreement of Airlines also significantly increases the carrier's liability limit and replaces the principle of liability for fault with the beginning of objective (absolute) liability. The carrier is not entitled to refer to the circumstances that are the basis for his release from liability in accordance with the Warsaw Convention.

The Guatemalan Protocol of 1971 made fundamental changes to the Warsaw Convention: the air carrier is liable regardless of fault (liability is excluded if the harm is caused by the passenger's state of health or his fault); the carrier's limit of liability has been increased by six times compared to the Hague Protocol of 1955. National legislation may establish additional compensation for passengers in case of harm to their health. The Guatemalan Protocol also changed the provisions of the Warsaw Convention on Passenger Tickets and Conditions for the Carriage of Baggage. The 1999 Montreal Agreement, in order to unify certain rules for international air transportation, clarifies the concept of air transportation and establishes the limits of the carrier's liability in the SDR.

The specific nature of air traffic creates difficulties in determining the applicable law and establishing jurisdiction. Basically, these issues are regulated by the unified substantive norms of international conventions.

However, it is not uncommon for there to be a conflict of interest:

1. When the carriage is related to a state not party to the Warsaw Convention.
2. If questions arise that are not regulated by the Warsaw Convention System.
3. If the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict bindings for air traffic, therefore, general conflict principles apply: the law of the carrier, the law of the court, the law of the flag. The law of the carrier in the law of international air transportation is traditionally understood - this is the law with which air traffic has the closest connection (the location of the party whose performance characterizes the contract of carriage).

The law of the place of conclusion of the contract is understood in a very specific way - as the law of the country where the first leg of the flight was started. The law of the sea has had a great influence on the legal regulation of international air transportation - the law of the flag of the aircraft and the law of the state of its registration are applied.

In Russia, the Air Code of the Russian Federation of 1997 is in force. Its norms take into account the main provisions of the Warsaw Convention of 1929. The Code defines the concept of international air transportation; the rights and obligations of the carrier, his liability; liability of the aircraft owner; compulsory third party liability insurance; sums insured. The grounds for termination of the contract for the carriage of goods and passengers by air at the initiative of the carrier are listed in detail.

For the implementation of commercial activities in the field of civil aviation on the territory of the Russian Federation by foreign aviation enterprises, international operating agencies, foreign individual entrepreneurs a mandatory licensing procedure has been established; there are certain restrictions on the rights of foreign airlines. Representative offices of more than 100 foreign airlines are located on the territory of the Russian Federation.

Russia is a party to a large number of bilateral international agreements on air traffic (more than 130). They are based on the rules of the Chicago Convention of 1944. All such agreements provide for a "package" of commercial rights of the contracting states, their rights and obligations.

SMGS and SMPS contain mandatory unified substantive and conflict of laws rules. All bilateral agreements derogating from the rules of SMGS and SMPS are invalid. Types of special conflict bindings in these agreements: the law of the road of departure of the goods; cargo routes; road that changes the contract of carriage; roads where the cargo was detained; cargo destination roads; the road in question. The impossibility for the parties to choose the applicable law and other conflict-of-law bindings has been established. The application of national laws is permissible only on issues not regulated in the agreements.

Russia has a whole system of bilateral agreements on international rail freight and passenger traffic with different countries(Turkey, Finland, Iran, Austria, etc.). The freight charge for all international rail transportation in Russia is set at MTT rates. Preferential freight charges are fixed in the Russian-Finnish agreement. On the Trans-Siberian Railway, cargo transportation is carried out by through accelerated container trains - "West Wind" and "East Wind".

International road transport

The legal status of the land transport environment is inextricably linked with the legal status of the state territory. The sovereignty of the state fully extends to the territorial entities belonging to it and predetermines the specifics of the legal regime of land transportation. The organization of road communication is closely related to the norms of national public law. International road communication, in addition, has a special specificity. A motor vehicle crosses borders and follows the roads of different states, i.e. there is a need to establish uniform traffic rules, unified system road signs and signals.

International road transport is the carriage of goods and passengers by a motor vehicle on the basis of an international treaty, in which the point of departure is located on the territory of one state, the point of destination is on the territory of another, as well as transportation in transit. An agreement on international road transport is a special type of foreign trade transactions, a special commercial agreement. Trucking is usually carried out not by the parties to the contract, but by companies associated with them, which can themselves conclude a road transport contract. The most characteristic legal feature of these agreements is their nature as a double foreign trade transaction.

In Europe, there is a whole system of international treaties regulating road transport: the Convention on road traffic 1949 (in force in terms of the organization of traffic) and the Protocol to it on road signs and signals of 1949; Convention on Road Traffic of 1968 (establishes a uniform system of road signs and signals, a single road marking); European Agreement concerning the International Carriage of Dangerous Goods by Road, 1957 (ADR); European Agreement on International Highways 1975 (CMA).

Among the regional European agreements, the main role in the legal regulation of international road transport is played by the Geneva Convention on the Contract for the International Carriage of Goods by Road of 1956 (CMR or CMR) and the Geneva Customs Convention on the International Carriage of Goods using TIR Carnets (TIR Carnets) of 1975 (Convention TIR).

The CMR has unified the conditions for the international carriage of goods by road. The scope of the CMR is the regulation of the relationship between the carrier and the cargo owner, the procedure for accepting cargo for transportation and issuing it at the destination. Scope of the CMR: all contracts for the carriage of goods by road for consideration where the place of loading and the place of delivery of the goods are located in the territory of two different states, at least one of which is a party to the Convention.

The CMR contains detailed rules on all the basic conditions of carriage; a list of carriages to which the Convention does not apply has been established. The application of the Convention does not depend on the place of residence and nationality of the parties to the contract. The norms of the CMR are mandatory. Deviations from its provisions are not valid. The CMR is a conglomeration of substantive and conflict of laws rules. Conflict regulation provides for the application of general and special conflict of laws rules: autonomy of will, law of the court, law of the place of departure and location of the cargo (general); the law of the location of the head office of the defendant's enterprise, the law of the location of the office that concluded the contract, the law of the place where the goods were presented to the carrier (special).

The TIR Convention defines the procedure for processing customs formalities and the procedure for customs examination in the international carriage of goods by road. The main attribute of the Convention is the TIR Carnet (single customs document), the holder of which enjoys the advantage of priority customs clearance(TIR mark). In the participating States, there are special institutions of the guaranteeing association for the protection of persons using the TIR procedure. ASMAP was created in Russia - a non-profit organization, a member of the International Union road transport. ASMAP is a guarantee association of Russian international road carriers.

Russia participates in a large number of bilateral international agreements on international road transport. All of these agreements are general provisions, which establishes a licensing system for international road transport of passengers, baggage and cargo, resolves issues of transportation to and from third countries (for example, the Russian-Austrian agreement on international road transport). Transportation to and from third countries is carried out on the basis of a “standard international license” issued with the permission of the ECMT, of which Russia has been a member since 1997.

Since a motor vehicle is a source of increased danger, guarantees provided to third parties in case of damage are very important for road transportation. Trucking involves compulsory civil liability insurance. In Europe, since 1953, an international automobile insurance card (the “green card” system) has been operating.

Guarantees for causing harm to third parties by a motor vehicle are also provided at the international level in accordance with the Hague Convention on the Law Applicable to Cases of Accidents in Road Traffic, 1968. The Convention contains unified international conflict of laws rules. The main collision binding is substantive law the country in which the accident occurred. Subsidiary conflict rules - place of registration vehicle, place of usual residence of the victim .

International air transportation

The legal regime of the air transport environment is the scope of public law (national and international). The air transport environment is divided into the sovereign airspace of specific states and international airspace. At the interstate level, a global system for managing international air traffic has been created, in which the main role is assigned to ICAO.

The main document regulating the use of international and national airspace is the Chicago Convention on International Civil Aviation of 1944. The Convention established general rules for the operation of civil aviation in the implementation of international communications, categories of international flights (regular and irregular); defined the concept of international flights and air routes. The main purpose of the Convention is the legal regulation of international air communications and commercial activities. The Convention enshrined a list of commercial air freedoms: basic, additional, prohibition of cabotage. There are 18 annexes to the Chicago Convention. ICAO was created on the basis of the Convention. Currently, within the framework of ICAO, international aviation regulations are being developed.

The Warsaw Convention of 1929 for the unification of certain rules for international air transport is the basis for the legal regulation of international air transport. Agreements supplementing the Warsaw Convention: 1955 Hague Protocol, 1971 Guatemala Protocol amending the Warsaw Convention, 1961 Guadalajara Convention, 1975 Montreal Protocol for the Unification of Certain Rules Relating to International Carriage by Air carrier"), the Montreal Interim Agreement of the Airlines of 1966, the Montreal Agreement of 1999. The totality of the norms of these agreements as a whole constitutes the Warsaw system of regulation of international air transportation. IATA, a special non-governmental organization, an association of airlines of ICAO member states, is engaged in determining the specific conditions for international air transportation.

The Warsaw Convention of 1929 is the paramount international legal international air transportation. The Convention defines international air transportation as a transportation in which at least one of the points of landing is located on the territory of another state. Scope of the Warsaw Convention: transportation of goods, passengers, baggage, combined transportation. The Convention does not apply to air transportation between the states-participants of the Convention and the states not participating in it; does not apply to mail shipments. The Warsaw Convention applies to the following air services:

1. the place of departure and the place of destination, irrespective of the interruption in carriage, are located on the territory of two States Parties to the Convention;
2. the place of departure and the place of destination are in the territory of one state party to the Convention, but the stopover is provided for in the territory of another state, possibly not a party to the Convention.

In international air traffic, flights are often performed by several carriers in succession. From the point of view of the Warsaw Convention, such transportation is considered as a single one, regardless of how the transportation is framed - by one or more contracts. The main content of the Warsaw Convention is the unified substantive norms of an imperative nature. There are practically no general conflict-of-law bindings in the Convention, there are only a small number of conflict-of-law bindings on particular issues (and all of them provide for the exclusive application of the law of the place of court). The provisions of the Warsaw Convention are currently implemented in the national legislation of most countries of the world.

The specific nature of air traffic creates difficulties in determining the applicable law and establishing jurisdiction. Basically, these issues are regulated by the unified substantive norms of international conventions. However, it is not uncommon for a conflict issue to arise if:

1. the carriage is related to a state that is not a party to the Warsaw Convention;
2. issues arise that are not settled in the Warsaw Convention system;
3. the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict-of-law bindings for air traffic, therefore, the general conflict-of-law principles of the carrier's law, the law of the court, and the flag's law apply. The law of the carrier in the law of international air transportation is traditionally understood - this is the law with which air traffic has the closest connection (the location of the party whose performance characterizes the contract of carriage). The law of the place of conclusion of the contract is understood specifically - as the law of the country where the first leg of the flight was started.

VK operates in Russia. Its norms take into account the main provisions of the Warsaw Convention of 1929. The VC defines: the concept of international air transportation; the rights and obligations of the carrier, his liability; liability of the aircraft owner; compulsory third party liability insurance; sums insured. Russia is a party to a large number of bilateral international agreements on air traffic (more than 130). They are based on the rules of the Chicago Convention of 1944. Such agreements provide for a “package” of commercial rights of the contracting states, their rights and obligations (see, for example, the Agreement between the Government of the Russian Federation and the Government of the Slovak Republic on air traffic of 1995 and the Appendix to the Agreement) .

International shipping

The legal regime of the maritime transport environment is established in the UN Convention on the Law of the Sea of ​​1982. The Convention establishes a clear delimitation of maritime spaces, their international legal status. The provisions of the Convention also affect the problems of private international law - the right of innocent passage; civil jurisdiction over foreign ships; immunity state courts operated for non-commercial purposes; the nationality of the courts; "flags of convenience"; most favored nation clause.

Collision of ships and salvage at sea are regulated on the basis of multilateral international agreements. One of the oldest is the 1910 Brussels International Convention for Combining Certain Rules Regarding Ship Collisions. Responsibility is based on the principle of guilt. It is possible to inflict losses on the victims. The Convention introduces the concept of "proportionate degree of guilt". It has been established that in different cases of collision of ships it is necessary to apply different conflict bindings (the law of the place of collision, the law of the flag, the law of the court, the law of the flag of the injured ship). The 1910 Brussels International Convention for the Consolidation of Certain Rules Relating to Assistance and Salvage at Sea (and its 1967 Protocol extending the scope of the Convention) contains unified substantive and conflict of law rules defining acts that constitute salvage. Collision bindings - the same as in the collision of ships. Provided for the application of the law of the flag of the vessel that provided assistance. The general conflict rule during salvage is the law of the flag of the vessel that carried out the salvage.

The institution of limiting the shipowner's liability is a specific institution of maritime law, due to the risk of navigation. The goal is to limit and reasonably distribute the consequences of such a risk. The shipowner has the right to limit his liability to certain limits for all major obligations associated with the implementation of navigation. The 1924 Brussels International Convention on the Unification of Certain Rules on the Limitation of the Liability of the Owners of Sea-Going Vessels establishes the principle of limiting the liability of the shipowner. However, the International Convention on the Limitation of Liability of Ship Owners of 1957 expands the range of requirements for which the shipowner is not entitled to limit liability. This provision is related to the rules on salvage at sea and compensation for damages in general average.