LEGAL REGULATION OF THE CONTRACT OF CARRIAGE OF GOODS RAILWAY TRANSPORT
The specifics of any type of contract is predetermined by the moment of rights and obligations. This issue in relation to the contract of carriage of goods by rail is quite relevant, because at the present stage among the civilists there is no consensus on this problem. This is largely due to different interpretations of the norms of the Civil code of the Russian Federation relating to the regulation of transportation, as well as the provisions of special legislation, in particular, the Charter of railway transport of the Russian Federation. An important feature of the contract of carriage of goods by rail is the obligation to draw up an application for the carriage of goods by rail. Thus, the legislator provides not only the necessity of its compilation, but also subordinate legislation defined by its content. To date, this application is considered by some scientists as an independent contract, by others as a preliminary contract concluded for the purpose of subsequent agreement of the terms of the railway contract, by others as a certain mandatory component of the contract of carriage, which does not have autonomy in relation to the main contract of carriage, but at the same time and is not subject to the rules on the preliminary contract. The legal qualification of the application for the carriage of goods by rail is important to determine the nature of the contractual relationship for the carriage of goods by rail. This article discusses the position of modern scientists and researchers of the Soviet and pre-revolutionary periods, which allows to form a comprehensive assessment of the issue.