Montreal Convention for International Carriage by Air as a Part of Legal System of Russia
In light of Russia's adherence to the Convention for the Unification of Certain Rules for International Carriage by Air adopted at Montreal on 28 May 1999 (“Montreal Convention”) and the integration of the Montreal Convention into the Russian legal system, this article provides a short but in-depth analysis of the Montreal Convention in comparison with the Warsaw Convention 1929 for the Unification of Certain Rules for International Carriage by Air and the Russian legislation. The author (a) provides the scientific and theoretical evaluation of the legal mechanisms created by the Montreal Convention in order to facilitate their correct use and application, (b) identifies the fundamentals and the advantages of the new set of rules for international carriage by air, and (c) nalyses the legal, socio-economic and political consequences of Russia's adherence to the Montreal Convention and the strategic goals of the Russian legislation and case law. A central part of the article is taken by such issues as the carrier's liability towards passengers for death and personal injury, cargo and baggage claims, late delivery, recovery of damages. The article also covers the issue of claims against the carrier, and the insurance of carrier's liability. The research is based on the methods that include dialectical, historical, logical, legal, comparative and technical analysis, functional, systematic and structural approach, analogy, synthesis and legal modeling. The article provides the conclusion that even though certain rules of the Russian legislation are in conflict with the Montreal Convention, the Montreal Convention would still be applicable in the Russian legal system based on Section 4 of Article 15 of the Russian Constitution, but such rules of the Russian legislation prejudice the interests of the state and its citizens and require further improvement.