of June 13, 2006 No. 124-Z
About forwarding activities
Accepted by the House of Representatives on May 4, 2006
Approved by Council of the Republic on May 23, 2006
This Law determines legal and organizational basis of implementation of forwarding activities in the Republic of Belarus for the purpose of creation of conditions for ensuring requirements of economy and the population in forwarding services.
For the purposes of this Law the following basic concepts and their determinations are used:
the client - person who signs the freight forwarding agreement with the freight forwarder;
accompanying documents - the transport (transportation) and (or) cargo accompanying documents processed in case of accomplishment of cargo hauling in cases and procedure, stipulated by the legislation the Republic of Belarus, by international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union;
forwarding activities - type of business activity of the freight forwarder on rendering forwarding services;
forwarding services - the services connected with the organization and (or) ensuring cargo hauling with one or several modes of transport;
participants of forwarding activities are clients, freight forwarders, carriers and other legal entities and physical persons which enter the relations in connection with rendering forwarding services;
the freight forwarder - the legal entity or the individual entrepreneur performing forwarding activities.
This Law governs the relations arising when implementing forwarding activities.
Operation of this Law does not extend to the relations arising in case of:
to transportation of products by the main pipeline transport; implementation of transport activities for the purpose of providing
defense capability, safety, law and order and health protection;
implementation of transport activities in the field of mail service;
accomplishment of handling works within the transportation agreement of load according to the legislation of the Republic of Belarus.
The legislation of the Republic of Belarus in the field of forwarding activities is based on the Constitution of the Republic of Belarus and consists of acts of the President of the Republic of Belarus, the Civil code of the Republic of Belarus, the Law of the Republic of Belarus of May 5, 1998 "About bases of transport activities" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1998, No. 20, the Art. 221), this Law, other acts of the legislation and international treaties of the Republic of Belarus.
If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty of the Republic of Belarus.
It is excluded according to the Law of the Republic of Belarus of 09.11.2018 No. 145-Z
Forwarding activities are performed based on freight forwarding agreements, about the organization of carriages of goods, cargo haulings, chartering, storages and other agreements signed by participants of forwarding activities according to the legislation of the Republic of Belarus.
Features of implementation of forwarding activities can be established by the president of the Republic of Belarus.
The basic principles of implementation of forwarding activities are:
state regulation, management and control;
equal rights of participants of forwarding activities;
respect for interests of all participants of forwarding activities;
safety control of implementation of forwarding activities on the basis of observance of requirements of the legislation of the Republic of Belarus, including requirements of the technical regulatory legal acts obligatory for observance.
Treat forwarding services:
the services connected with preparation of load for transportation: determination of mass of load, packaging, packaging, marking, packaging, cargo segregation;
the services connected with loading (unloading) of load: ensuring accomplishment of handling works, including cargo transshipments in case of bulk transportation, fixing, shelters, load lashings, and also provision of devices, necessary for these purposes;
the organization of course of carriage of the load including which is express load according to the Agreement on the Customs code of the Eurasian Economic Union signed in Moscow on April 11, 2017, any kind of transport;
execution of accompanying documents;
maintenance of load in course of carriage and other services in ensuring its safety;
the conclusion with insurance company of agreements of voluntary insurance of loads according to the legislation of the Republic of Belarus;
approval of the scheme (route, the sequence) cargo haulings by several modes of transport in case of bulk transportation;
consolidation and deconsolidation of sendings loads;
representation of load and accompanying documents in customs authorities;
check of seating capacity, weight and condition of load;
storage of load;
cargo reception in destination;
payment of the duties, charges and other payments connected with the rendered forwarding services;
implementation of settlings with participants of forwarding activities;
consultation on questions of the organization of carriages of goods;
rendering the information services connected with cargo hauling;
other services connected with cargo hauling.
The conclusion of the freight forwarding agreement with physical person is drawn up by the order order which shall contain essential conditions of such agreement and is signed by the client and the freight forwarder.
On the relations of the freight forwarder and physical person connected with rendering forwarding services to physical persons provisions of the Law of the Republic of Belarus of January 9, 2002 "On consumer protection" expatiate (The national register of legal acts of the Republic of Belarus, 2002, No. 10, 2/839).
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