INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of April 4, 2012 No. 01-06/420/2012

About calculation of delivery dates by the railroad of loads and determination of the size of penalty for violation of these terms

Due to the origin in court practice of questions concerning calculation of delivery dates by the railroad of loads and determination of the size of penalty for violation of these terms we consider necessary to pay attention to it.

According to parts two and third article 41 of the Charter of the railroads of Ukraine (further the Charter) delivery dates of loads and the rule of calculation of terms of their delivery are established by the Rules of calculation of delivery dates of loads approved by the order of the Ministry of transport of Ukraine of 21.11.2000 No. 644.

According to instructions of Items 2. 1, 2.4 called Rules calculation of the corresponding terms begins from the 24th hour of acceptance date of the load to transportation specified in carriage documents.

The sizes of penalty for untimely cargo delivery which the railroad pays to the consignee are stipulated in Clause 116 Charters percentage of transportation payment depending on the number of overdue days.

Thus, stipulated in Clause 116 Charters the penalty is applied in case of delay of cargo delivery for two days (more than for 48 hours), for three days (more than for 72 hours) and for four days (more than for 96 hours).

If the delay of cargo delivery is allowed by the railroad less than for two days (no more than 48 hours) that is estimated from the 24th hour of acceptance date of load to transportation, then the bases for charge stipulated in Article 116 Charters of penalty are absent.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info