Responsibility of Consignor for Distortion of Description of Cargo and Data about it in Rail Transportation Obligation
Article deals with a study of such ground of civil responsibility of consignor for a violation of the obligation of the transportation of loads by rail transport as the distortion of the designations of loads, special marks, information about the loads, about its properties, as a result of which the cost of transportation is reduced or the appearance of the circumstances, which influence the safety of operation and the rail transport maintenance, is possible. The author examined the history of the formation of this rule of law in the transport legislation in question, analyzed legal nature of the ground of the appearance of responsibility and conditions for its application. Special attention is paid to the form of this responsibility. The conclusion about the need for distinguishing two conditions of this responsibility, different on its to legal nature, is made: the first one, the incorrect indication of the designation of load, its properties and special marks about it, which entailed reduction in the cost of transportation, and, the second one, the same disturbance, which entailed the possibility of the appearance of the circumstances, which influence the safety of operation and the rail transport maintenance. The author considers as necessary and sufficient application to the consignor for this disturbance of civil responsibility on common bases: the possibility of the penalty of losses should not be placed depending on the presence or absence of the consequences provided by the article 98 of the Statute of Rail Transportation of the Russian Federation. In cases, when public interest is disrupted, in particular with the appearance of the circumstances, which influence the safety of operation and the rail transport maintenance, responsibility should transfer from the civil sphere into the administrative.