The Role of Pre-Action Procedure in Settlement of Disputes in Transportation in Russia

Abstract

One of the peculiarities of the liability of the transport operator under the contract of transit of the cargo is in the presence in such a relationship of necessary pre-action procedure of disputes prior to recourse of the consignor or consignee to the court for protection of their violated rights. Compliance with the complaint procedure is carried out by requiring the transport operator the claims by the consignor or consignee. The general rule about the presence in relations of the transit of cargo of mandatory complaint procedure is established in the Civil code of the Russian Federation, at the same time, a more detailed regulation of the complaint procedure, namely the direction of the claim, the timing of consideration of the consequences of refusal in satisfaction of requirements shall is determined by transportation rules and codes, which leads to differentiated legal regulation of relations on the complaint procedure on the settlement of disputes in the sphere of cargo transportation. Despite the fact that the complaint procedure on the settlement of disputes plays a significant role in social relations, in the legislation of the Russian Federation there is no developed mechanism to encourage voluntary compliance, which leads to the fact that in the Russian practice complaint procedure is regarded rather as an additional encumbrance to the person whose rights were violated in the process of transit of cargo.

DOI: 10.5901/mjss.2015.v6n5s3p93