Lomaka V. Liability of Parties for the Non-Fulfillment and Improper Performance of Duties under the Contract of Freightage by Rail

The work presents a comprehensive theoretical and practical research of the fundamental legal issues of civil liability under the contract of freightage by rail. A timeliness of the research is provided by the role of the railway in the economical life of the country, and also by such feature as the railway's belonging to the state property, which makes a special legal regulation in this sphere of legal relations. Exploring the issue concerning the liability of consigner and consignee for non-fulfillment and improper performance of the contractual conditions of freightage by rail we emphasize on the features of the responsibility for delayed payment of the carriage, untimely performance of freight operation and the responsibility for damage to the carrier and improper filling of the transportation documents. Particular attention is attended to the problems of the carrier's liability for the breach of duties under the contract of freightage, namely to the issues of liability for untimely car and containers supply, violation of delivery terms, and also the failure of freight's preservation (liability for loss, shortage, damage and other damage to freight). On the basis of judicial practice, in particular , the practice of the Supreme commercial court of Ukraine, the theoretical generalizations and the practical recommendations concerning the improvement of the legislation in the sphere of the regulation of the railway's liability under the contracts of freightage