Правовая характеристика договора на оказание услуг оперативного управления перевозками порожних вагонов

Abstract

In this article, the authors provide an analysis of the contractual relationship between the operator under the contract for the management of transportation of empty wagons and operators of rolling stock. The provisions of the current legislation and scientific views on the legal nature of contractual relations for the management of empty wagons are revealed. The conclusion is made about the mixed nature of the relationship: rental relations prevail in combination with service relations. The analysis was carried out on the basis of regulatory documents of JSC "Russian Railways". It is established that the management agreement is an affiliation agreement. It is determined that the relations for managing the transportation of empty wagons represent two groups of interrelated relations: lease — with the managing operator and mutual lease — between the operators of rolling stock. The conclusion is made about the need for the normative establishment of a new legal structure of the contract for the management of empty wagons at the legislative level in the form of a new type of lease agreement complicated by the provision of services.