of October 24, 2012 No. 9
About some questions of hearing of cases arising from agreements of motor transportation of loads and transport expedition
Plenum of Supreme Economic Court of the Republic of Belarus for the purpose of ensuring the correct and uniform application by economic courts of the legislation by hearing of cases, the loads arising from agreements of motor transportation and transport expedition, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, decides to make the following explanations.
1. Judicial protection of the rights and legitimate interests of persons participating in the cases arising from agreements of motor transportation of loads and transport expedition is guaranteed by part two of Article 13 and part one of article 60 of the Constitution of the Republic of Belarus.
Owing to part one of article 8 of the Constitution of the Republic of Belarus the Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the civil legislation.
2. Legal regulation of agreements of motor transportation of loads is provided, in particular, by the Convention on the Contract for the International Carriage of Goods by Road (KDPG) accepted in Geneva on May 19, 1956 taking into account the Protocol accepted in Geneva on July 5, 1978 (further - the Convention), Chapter 40 of the Civil code of the Republic of Belarus (further - group of companies), the Law of the Republic of Belarus of August 14, 2007 "About road transport and motor transportations" (The national register of legal acts of the Republic of Belarus, 2007, No. 199, 2/1375; 2010, No. 17, 2/1661) (further the Motor carrier act and motor transportations), the Rules of motor transportations of loads approved by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 970 "About approval of Rules of motor transportations of loads" (The national register of legal acts of the Republic of Belarus, 2008, No. 173, 5/27990; No. 304, 5/28956; 2011, No. 11, 5/33160; No. 25, 5/33371; No. 44, 5/33659; No. 48, 5/33669) (further - Rules of motor transportations of loads).
3. In case of application of regulatory legal acts in the field of motor transportation of loads it is necessary to consider the sphere of their application, action in time, in space and around persons, to be guided by the terms and their determinations accepted for the purposes of these regulatory legal acts.
4. In item 4 of article 1 of the Convention, article 2 of the Motor carrier act and motor transportations the relations to which their action does not extend are determined.
5. The convention is applied on the cases arising from agreements of motor transportation of loads for remuneration in cases when the acceptances specified in the agreement the place to cargo hauling and the place provided for delivery of load are in the territory of two different countries from which, at least, one is participating in the Convention (Item 1 of article 1 of the Convention).
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