Keywords: transport logistics, a legal entity.
The effective management of the transport logistics routes in the context of market economic relations, the radical modernization of the transport sector, the build-up of transport and logistics potential, improvement of the quality of customer service and the degree of efficiency of the operating capacities and technique are among the measures to ensure further intensification of the national automobile transport sector. The logistic transport sector is one of the most dynamically growing segments of the national economy. Automobile, railway, sea and air communication routes, which are integral parts of the national transport and logistics system, serve as a source of significant revenues within the framework of economic intensification. Article 134 of the Constitution of Turkmenistan states: «The economy of Turkmenistan is based on the principles of market relations». The constitutional consolidation of the foundations of economic regulation of the processes of formation and development of these principles serves as a fundamental legal basis for regulating the behavior of contract participants within the dynamically developing market. In a society based on the production relations of the market model of economy the contract serves as a legal document to consolidate the relations of equal economic entities within the framework of the inter- action of various forms of ownership in the context of commodity money relations. The fuller and freer the nature of commodity money interaction the wider the contractual forms of regulation are.
Successful implementation of the planned goals should significantly increase the capacity of the domestic highway network, contribute to the growth of the quality of logistics services, and create additional prerequisites for expanding the international transit transportation system and interstate trade and economic cooperation. The high-speed highway will create favorable conditions for a significant increase in the volume of goods transported from the territory of Turkmenistan and increase the speed of movement. In this regard, great opportunities emerge in the development of transport relations with neighboring Uzbekistan. The construction of a high-speed highway connecting the eastern and central regions of our country and its reunification into a major highway Ashgabat-Turkmenbashi will open up new opportunities for expanding the cargo flow to the Turkmenbashi International Seaport and further transit through the Caucasus to Europe, the southern regions of the Russian Federation, to the north of Iran, with subsequent access to the Persian and Oman Gulfs. Legal norms in the field of motor transport arise from results of the contract conclusion. The legal status of the conclusion of contracts in the automobile sector is formed on the basis of a two-way paid real deal. Both legal entities and physical persons can act as parties to the conclusion of the contract in the automobile segment, regardless of the form of ownership. Contractual relations between a legal entity and an individual in the automobile sector arise on the basis of a contract of carriage. The sender of the cargo and the carrier directly become a party to the contract. Relations on obligations in the field of transportation of passengers are implemented on the basis of a multilateral agreement within the framework of current transfer operations, for example: transportation of passengers and luggage on separate intercity, suburban and intercity routes. According to the contract of carriage, the carrier is obliged to deliver or transport the cargo to the place of destination. Individuals are free in concluding the contracts in accordance with the law and define the content of these contracts. This obligation applies to all types of motor vehicles and is governed by this agreement. Movable property transported by road is the subject of the contract. The contract of carriage contains the carrier's obligation to deliver the passenger or cargo to the place of destination. There are clear parallels between a transportation contract and a tourist contract. In particular, the subject of the contract is a service provided by the contractor for the performance of any work or the construction of a certain building (structure). As well as the subject of the tourist contract is a service, the organization of tourist services. Similarly, the contract of carriage provides for the service of transporting cargo from one point to another assigned to its subject. However, unlike a contractor’s contract, the priority in the contract of carriage is not the transportation process itself, but the ultimate goal of this process, that is, the fact of delivery of the cargo to the point of destination. A characteristic difference between a transport contract and other contracts is that it is concluded on the basis of a bill of lading, while an ordinary contract can also be concluded by agreement of the parties. In the field of automobile transport, the contract can be concluded both orally and in writing. The subject of a written contract is cargo, movable property, things. On the basis of an oral agreement, for example, the driver of a passenger taxi, at the request of the passenger, is obliged to provide a payment receipt. This is by its nature a two-way, consensual, paid transaction in oral form. According to the passenger transportation contract, the car driver is obliged to deliver the passenger to the destination for an appropriate fee, and in case the passenger delivers his own luggage, he is also obliged to transport the luggage to the appropriate stop and hand it over to the passenger upon arrival. The passenger, in turn, is obliged to pay the cost of transportation at the price established by the contract of carriage, and in the presence of baggage weighing more than the limit set by the carrier, also pay the cost of transportation of the excess weight.
The contract of carriage of a passenger by bus is confirmed by a travel document and in the case of baggage transportation in excess of the norm by a letter of baggage payment. A signed contract of automobile transportation concluded by the parties the carrier and the customer of the car, without selling a travel document to each passenger, is an official document. Forms of road documentation for carriers are approved by the competent authority. The invoice also contains information about the cost of the contract. The bill of lading is drawn up in triplicate and signed by the carrier. The first copy remains with the sender; the second is filed together with the documents accompanying the cargo, the third remains with the carrier. The more diverse the cargo or the types of transport used for its transfer, the higher the potential and the need for drawing up more detailed invoices. This is the situation, in particular, when the cargo is distributed among several vehicles, or when it comes to different types of cargo or cargo transportation in batches. In such cases, at the request of the carrier or the sender, the consignment notes may be drawn up in a number corresponding to the quantity of vehicles or shipments.
The obligations of the carrier when transporting passengers by automobile transport are also regulated. For example: an employer, a tourist carrier, in order to transport a passenger in a timely manner due to damage to the health of passengers or damage to cargo, or the timely arrival of passengers and their luggage to the destination or the corresponding stop. The contractual obligation of the carrier is to transport the cargo from the place of loading to the place of unloading. The carrier is not responsible for loading and unloading. The carrier has the right to demand the price of the cargo being shipped. The recipient of the payment is the recipient, and the carrier may claim compensation for additional expenses incurred on the way from the recipient. But as for the tariffs related to the transport business, the parties can also agree on which of the parties will be charged.
References:
- The Constitution of Turkmenistan. Ashgabat, Turkmen State Publishing Service, 2020
- The Civil Code of Turkmenistan. Ashgabat, Turkmen State Publishing Service, 2014
- The Law of Turkmenistan «On Road Transport». Ashgabat, 2013
