Responsibility of the carrier for breach of contract of cargo transport by road transport according to the legislation of Ukraine and the EU

Abstract

The article examines the specifics of the carrier’s responsibility for breaching the terms of the contract of carriage of goods by road under the legislation of Ukraine and the EU, in particular, the regulatory legal acts establishing liability are analyzed, and certain problems of legal regulation are pointed out. It was determined that the legislation regulating the issue of liability for the violation of the terms of the contract of carriage of goods by road is based on international legal acts, general legislation and special legislation. Liability for late delivery of goods under the contract of carriage of goods by road is characterized in the legislation of Poland and Germany. The positions of scientists regarding the principle of limited liability in transport legal relations are presented.Analyzing the legislation on the transportation of goods by road transport, the following characteristics of responsibility under the contract of carriage are highlighted: 1) in the legislation of Ukraine, the responsibility of the parties for non-fulfillment or improper fulfillment of the terms of the contract for the carriage of goods by road transport is regulated by the general legislation that regulates the issue of responsibility for the carriage of goods for all types of transport , as well as a special one, which directly regulates the issue of liability for violation of the contract for the carriage of goods by road transport; 2) the basis for compensation is not just a breach of obligations, but a culpable breach; 3) liability under the contract of carriage is limited to the value of the cargo; 4) comparing the legislation of foreign countries (Poland and Germany), it is worth noting that the amount of compensation for the delay in the delivery of the cargo is limited to double and triple the fee for transportation, which is a larger amount compared to the national legislation.It is emphasized that the responsibility of the carrier for non-compliance with the conditions of cargo storage must be changed to full responsibility in the norms of the Central Committee of Ukraine and the norms of transport legislation, which will allow to fully protect the rights and legitimate interests of the injured party of the obligation