INTERNATIONAL CARRIAGE OF GOODS BY SEA IN UKRAINE: LAW AND PRACTICE
The practice of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the of maritime and commercial unification law problems. The unification process of the law began primarily in the field of international transport law. Universal international legal unification of material norms of contracts of goods sale was held in 1980 in the form of the Vienna Convention.
The creation of the Brussels Convention and the Hamburg Rules was preceded by the study of the commercial and economic aspects of the bill of lading in the trade turnover. For example, in 53 paragraphs of the report of the UNCTAD secretariat on a bill of lading, the following issues were covered in various ways: 1) the inversion of a bill of lading; 2) the effectiveness of its role in the sale of goods - in terms of transfer of ownership or risk of damage, as well as in operations related to shipping conditions (for example, FOB, CIF); 3) the role of the bill of lading in the sale of documents; 4) the role of the bill of lading in bank letters of credit; 5) the effectiveness of the bill of lading as a receipt for the goods; 6) the status of a bill of lading as a contract of carriage; 7) the status of a bill of lading as a document of title.
Discussing the topic at International Maritime Committee was noted that "despite the continued use of bills of lading, especially when a negotiable document is required, in practice, the carriage of goods by sea is often only a relatively limited stage of the international carriage of goods. Transportation between ports may provide for the receipt and delivery of goods at a certain stage, which is not directly related to loading or discharging from the ship, and in most situations it is impossible to receive the delivered goods at the ship's side. In the case of the use of various modes of transport, Gaps between mandatory regimes for different types of transport used In this regard, it was suggested in the process of developing an internationally harmonized regime covering the relationship between the parties to the contract of carriage during the entire period of disposal of the cargo by the carrier, also take into account issues arising from such activities , Which are integral components of the carriage, agreed upon by the parties and taking place prior to loading and after loading, as well as issues arising in cases where more than one mode of transport is envisaged. It was pointed out that during such work, the focus seemed to be to study those areas of law that govern the transport of goods and which had not previously been covered by international agreements. Nevertheless, the view was increasingly expressed that the current broad-based project should be expanded to include an updated liability regime that would complement the terms of the proposed harmonization tool".