ВАРТІСНА ОЦІНКА ПРЕТЕНЗІЇ ЩОДО НЕДОСТАЧІ АБО ПОШКОДЖЕННЯ ВАНТАЖУ

Abstract

The consignee or consignor has the right to lodge a claim in the event of loss or damage to the goods, in accordance with the Merchant Shipping Code of Ukraine, as long as that the bill of lading is provided. The valuation of the claim is based on the principles of the Hague, Hague-Visby and Hamburg Rules, i.e. the UN Convention on the Carriage of Goods by Sea (1978). UN Convention regulations are mandatory for all carriage of goods by sea participants. These rules define the procedure to be followed when a claim is made for goods deterioration or damage during delivery. The actual value of the loss or damage in monetary terms is based on the principle of full restitution, which is that the claimant must be returned to the same position as before the damage to the goods occurred.The actual amount of loss or damage, based on the rules, can be calculated at the trade-off or market value of the goods. The monetary calculation of the claim for loss or damage to the goods is explained on examples. The calculation uses correction factors: natural wastage discount, profitability factor, administrative factor.A claim calculation algorithm, which consists of two stages, is proposed. The first step is to calculate the quantity of the goods, taking into account their natural wastage; the quantity of completely damaged goods; quantity of partially damaged goods; the quantity of the spoiled goods given their partial deterioration. The second step involves the calculation of the cost characteristics. Two options are possible. The first is a calculation based on the principle of determining the trade-off value of the goods. It includes the calculation of 1 ton of goods value on CIF basis (estimated value), insurance and trade-off values of 1 ton of goods. The second option reflects the principle of determining the market value of the goods. It includes value of 1 ton on CIF basis, profit coefficients and administrative costs of sales, market value of the goods. The monetary value of the claim is finalized in accordance with the formulas proposed.It must therefore be concluded that the claim calculation based on the goods tradeoff value is more advantageous for the carrier. However, when it is based on the market value of the goods it is more beneficial for the claimant. Parties can use the toolkit presented to protect their interests.