Form gu 22 completed. Brief theoretical information

commercial act - legal document, which has evidentiary value for determining liability for loss, damage and damage to goods. It allows you to distinguish between liability for loss, damage and damage to the goods. A commercial act is drawn up on forms (form GU-22) with typographic numbering and registered in the book of accounting for strict reporting forms

The commercial act must certify the following circumstances:

Non-compliance of the name, mass or number of pieces of cargo in kind with the data that appear in the documents;

Loss and damage to cargo;

Separation of cargo and documents;

Return of stolen cargo or luggage to the road;

Untimely delivery of cargo to the access road by the station, i.e. if the shipment is not submitted within 24 hours after documentation issuance at a commodity office (compiled at the request of the recipient).

If the quality of the cargo deviates from the norm and the weight from the value indicated in the consignment note, a commercial act is drawn up (the presence of a road worker responsible for the transportation of perishable goods is mandatory).

In case of drawing up commercial act in case of damage to the cargo, the head of the train is obliged to submit a work log to the station for verification, issue an extract certified by his signature indicating the mode of maintenance of the wagon on the way and provide the head of the unloading station with a personal explanation on the circumstances of loading and transporting the cargo. The commercial act indicates the actual quality and temperature of the products, the method of transportation (cooling, heating, insulation), the condition of insulated wagons, the temperature regime of refrigerated wagons, the method of stowage of cargo (in bulk, suspension, staggered, vertical, etc.) and other circumstances that may characterize the causes of damage or change in the weight of the cargo. No assumptions and conclusions about the causes of the transportation malfunction and the guilt of the parties involved in it are allowed to be included in the act. In the event of a malfunction, technical act. Commercial certificates are attached to quality certificates or certificates issued upon shipment of the cargo, an extract from the temperature log when transported in refrigerated wagons, documents characterizing the procedure for servicing the cargo along the route, and all other documents on the basis of which it is possible to establish the causes of damage to the cargo.

Depending on the circumstances, information about the wagons, seals and marks on the consignment note, weight, type of packaging, the number of places indicated in the documents and turned out to be in reality, a description of the facts of damage and damage, expert opinions, marks of the destination station on the state of the cargo can be entered into the act. who arrived with the act of a passing station.

The commercial act must contain:

Accurate and detailed description of the condition of the goods and the circumstances under which the goods were found to be unsafe. It is not allowed to make any assumptions and conclusions about the reasons for such non-preservation or the guilt of the consignor (sender) or the railway in the commercial act. The questions contained in the form of a commercial act are given accurate answers. It is not allowed to put down dashes, repetition marks instead of repeating the necessary data;

Data on whether the goods are loaded, stowed and secured correctly, as well as whether there is a protective marking for goods transported in open rolling stock. In case of incorrect loading, placement or securing of goods, the commercial act indicates which of such violations was committed.

According to its structure, the commercial act consists of seven sections: A, B, C, D, E, F, G. When registering cases of unsafe transportation of perishable goods in wagons with machine cooling, section "D" of the act must indicate: the method of loading cargo; type and condition of the container; location of the damaged cargo; whether the wagon body is in good condition; compliance with the temperature regime; information about the presence of traces of damage to the cargo;

a way to insulate a wagon during transportation in the winter.

A note on the examination carried out to determine the cause of the non-preservation of the cargo and the amount of damage caused is made in section "E" of the act. In case of disagreement with the expert's conclusion, the head of the station makes a reservation about this, indicating the motives.

In section "G" a note is made of the destination station on the condition of the cargo that arrived with an act of a passing station.

In all cases of unsafe transportation subject to registration by a commercial act, the head of the station on the same day gives an operational report by telegraph. The procedure for issuing and addressing operational reports upon detection of theft, damage or shortage of places or mass of cargo, damage or loss during fires and crashes is regulated by the instruction.

In the event of a faulty transportation of perishable goods, control information on the wagon in which the transportation was carried out is attached to the act.

An objective presentation of the circumstances and the presence of all required documents, allowing to make a correct conclusion about what caused the damage or loss of the cargo and which of the parties (road, sender, recipient) is responsible for this.

Commercial acts are drawn up for each shipment according to a written report of the head of the cargo yard, warehouse or acceptance agent on the forms of the established form in triplicate before the delivery of the cargo to the recipient on the day the malfunction is discovered or in all cases no later than the next day. Each commercial act must have a printed numbering and a stamp of the station that compiled it.

The commercial act is signed by the head of the station or his deputy and the persons involved in the inspection of the cargo (head of the cargo yard, acceptance officer), as well as the recipient, and in the absence of the recipient (to protect his interests) - at least three persons (including the head of the station or his deputy) .

The first copy of the act is sent for investigation to the container transportation and commercial operation of their road, the second is issued to the recipient at his request within three days, the third is stored at the station.

The seals removed from the wagon (ZPU) are applied to the first copy of the commercial act on the loss, damage, damage and shortage of goods.

If a leak, damage or soaking of cargo is detected in the event of a faulty condition of the car body, then the wagon inspector or wagon foreman must draw up on the day the fault is discovered and no later than the day the commercial act is drawn up wagon technical condition report, a copy of which remains at the station, and the first copy is attached to the first copy of the commercial act. It is signed by a representative of the wagon depot and the station attendant.

In addition, the following documents are attached to the commercial act:

Genuine wagon sheet;

Copies of the commercial act of the associated station;

Copies of certificates and quality certificates;

Copies of invoices;

Copies of invoices;

Copies of examination certificates;

Extract from the working journal of refrigerated rolling stock;

Full-scale sheet of the train;

Copies of operational reports, etc.

In case of disagreement in assessing the condition of the cargo, the consignee or station may require an examination in case of a decrease in quality or loss of the cargo, as well as for other reasons. Examination of perishable goods should be carried out by representatives of the bureau of commodity examinations, quality inspectors or veterinary and sanitary supervision with compulsory participation a station worker no later than 24 hours from the moment the wagon is opened in the presence of the head of the station, his deputy or the head of the freight yard.

The expert determines the amount of loss and the causes of damage to the cargo, for which commercial acts are drawn up. Its conclusion should indicate: the quality of the cargo before it was damaged or damaged, the degree of damage or damage to the cargo, by what percentage the cost of the cargo decreased due to its damage, suitability for its intended use, the reason for the damage and other information. Based on the results of the examination, an act is drawn up.

Consideration of commercial acts on international transport and the forwarding of these acts to foreign railways is carried out by the container transport and commercial operations of the border railways. Drawing up commercial acts in this case, their investigation and storage shall be carried out in accordance with the Service Instructions.

According to article 134 federal law"Transport charter of railways Russian Federation"The Ministry of Railways of the Russian Federation orders:
Approve the attached Rules for drawing up acts for the carriage of goods by rail.

First Deputy Minister
A. V. Tselko

Rules for drawing up acts for the carriage of goods by rail
(approved by order of the Ministry of Railways of the Russian Federation of December 3, 2000 N 2 TsZ)

II. Rules for drawing up acts of a general form

2.1. Acts general form(Appendix 2 to these Rules) are compiled by stations to certify the following circumstances:
- loss of documents attached by the consignor to the consignment note, provided for by the relevant rules for the carriage of goods by rail;
- delay of wagons at the destination station in anticipation of their submission for unloading, as well as in cases of reloading of wagons, containers in excess of the permissible carrying capacity for reasons depending on the consignee, owner (user) of the railway access track;
- delay of loaded wagons at intermediate stations due to their non-acceptance by the junction station for reasons depending on the consignee, the owner (user) of the railway siding, and the lack of technical possibilities for the accumulation of wagons at the junction station;
- delay in the delivery of empty wagons to the consignor in accordance with the accepted application for the carriage of goods for reasons dependent on the consignor;
- delay in acceptance by the consignee or consignor of goods belonging to them or leased by them from organizations of the federal railway transport wagons, containers;
- non-cleaning of wagons, containers from cargo residues and debris after unloading by means of the consignee (except for cases of detection of tanks and bunker gondola cars with unfilled cargo residues at loading points or at washing and steaming stations);
- non-cleaning of the outer surface of tanks and bunker gondola cars after loading and unloading;
- supply by the railway of uncleaned wagons, containers for loading by means of the consignor;
- the absence of LSDs on the wagon, container (if the consignment note and the wagon list contain a note about their presence on the wagon, container), damage or replacement of LSDs (if there are no circumstances certifying which commercial acts are drawn up), detection along the way or on destination stations LSD on wagons, containers with vaguely marked information with no signs of intentional damage (if the readable information corresponds to the data in the consignment note and wagon list), detection of LSD on wagons, containers without signs of intentional damage along the way and the information on them does not correspond to the data in the consignment note and wagon sheet;
- delay due to the fault of the consignor, consignee of a locomotive belonging to organizations of the federal railway transport, sent to clean the cars in accordance with the notification of the consignor, consignee;
- delay of cargo along the route in cases specified in the rules for calculating the terms of delivery of goods by rail;
- detection along the route of wagons, containers with commercial malfunctions that threaten the safety of traffic and the safety of transported goods;
- damage to the wagon, container;
- unauthorized occupation by the railway of wagons, containers belonging to the consignor, consignee, other organizations or rented by them;
- unauthorized use by the consignor, consignee, other organizations of wagons, containers belonging to federal railway transport organizations;
- delay in the release of goods in case of evasion by the consignee of the payment for the carriage of goods and other payments due to the railway;
- delay due to the fault of the consignor, consignee at the station of departure (destination) of goods protected by departmental security of the Ministry of Railways of Russia;
- demurrage of a locomotive owned by a federal railway transport organization pending the completion of a loading, unloading operation on hauls, separate points (siding points, roadblocks, passing points) that are not open in in due course for the production of commercial transactions;
- refusal or evasion of the consignor, consignee, other organizations from signing the act of damage to the car, the act of damage to the container, the memo of the acceptor, the sheet for the supply and cleaning of cars, the registration card for the execution of the application for transportation and other documents provided for by the technology of the federal railway transport. On these documents, in these cases, in the place where it is necessary to affix a signature, a note is made on the drawing up of an act of a general form, indicating its number and date of compilation, which is signed by the station worker and certified with a lower case stamp of the station;
- detection of animal corpses in the carriage, etc.

2.2. Acts of a general form are drawn up by stations in the number of copies established by Chapter II of these Rules. On each copy of the act of the general form in the column "Station _____________ railway." a lowercase stamp of the station that compiled the act is affixed.
2.2.1. An act of a general form is drawn up at the stations of departure and (or) destination:
if the general form act provides for the responsibility of the railway or consignors, consignees, other organizations, then the first copy of the general form act is attached to the transportation document, according to which the fine, collection and (or) other payments are collected and paid, the second copy is issued to the consignor, to the consignee, another organization (upon request), the third copy - remains for storage in the files of the station that compiled it;
when drawing up an act of a general form in case of refusal or evasion of the consignor, consignee, other organizations from signing an act of damage to a wagon, an act of damage to a container, a memo of a receiver-deliverer, a record of supply and cleaning of wagons, an accounting card for the implementation of a transportation plan, an act of a general form along with a second copy of the indicated unsigned bilateral documents is sent by registered mail to the address of the consignor, consignee, other organizations. The postal receipt for sending the letter, together with a copy of the letter and the first copy of the unsigned document and the act of the general form, is kept in the files of the station that compiled it.
2.2.2. The act of the general form is drawn up at the stations along the route:
- upon detection of loaded wagons, containers with commercial malfunctions that threaten the safety of traffic or the safety of goods, upon detection of signs of theft, shortage and damage to automotive equipment, the first copy of the act of the general form is attached to the transportation document, the second - remains for storage in the files of the station that compiled it . In the case of drawing up a commercial act, a copy of the general form act is attached to it;
- upon detection of a violation of cargo securing, which caused damage to the wagon, if the violation of cargo securing did not entail its damage (spoilage), the first copy of the act of the general form is attached to the transportation document, the second - remains for storage in the files of the station that compiled it . A copy of the act of the general form is sent to the depot, which repairs the car;
- upon detection of loaded wagons, containers with signs of theft, the first copy of the act of the general form is attached to the transportation document, the second one remains in storage in the files of the station that compiled it. A copy of the act of the general form is sent to the linear internal affairs bodies at the place of discovery.
At stations en route, in the cases specified in the rules for calculating the time for delivery of goods by rail, an act of the general form is drawn up in two copies. At the same time, the first copy of the act of the general form is attached to the transportation document, about which a note is made on the reverse side of the consignment note in the column "Railway marks", which is certified by the signature of the station employee and the station's lowercase stamp, the second copy remains for storage in the files of the station that compiled it .

2.3. When transporting goods using an electronic consignment note, a general form act, which must be attached to the transportation document, is drawn up in in electronic format and transferred to the information and computer center of the railway serving this station. On the basis of the data of the act of the general form, marks are entered into the electronic waybill, provided for by the rules for filling out transportation documents in railway transport.
Acts of a general form, drawn up in electronic form by the station of departure and a passing station, together with an electronic consignment note, are delivered electronically to the destination station.
At the request of the destination station, an act of a general form in electronic form must be printed out in the form of its paper copy by the station that compiled such an act. All stamps affixed to the original act of the general form are printed in typewritten form. A paper copy of the act of the general form in electronic form is certified by a lowercase stamp of the station, at the request of which it was drawn up.

2.4. An act of a general form must set out the circumstances that served as the basis for its preparation.
If, under an agreement with the consignor, the railway provides for the supply by the railway for loading by the consignor of uncleaned empty wagons, containers, with open hatches, doors, with unremoved devices for securing cargo, then in the case of such wagons, containers for loading at the station, an act of a general form is drawn up. The act of the general form indicates that the wagons, containers are submitted for loading with the consent of the consignor, the numbers of the wagons, containers, as well as the number of the contract and the date of its signing are listed.
If an act of a general form is drawn up in the event of a delay in cargo en route under circumstances requiring an increase in the delivery time of goods, then the act indicates the reason and time for the delay of wagons, containers.
When drawing up an act of a general form at stations along the way, in cases of detection of wagons, containers with commercial malfunctions that threaten traffic safety and the safety of the transported cargo, the report shall indicate: the detected malfunctions, the results of checking the cargo, the state of the car body, container, LSD, twists, constipation on doors and hatches, as well as the state of loading of the cargo, indicating the completeness of the loading of the car, the uniformity of the surface of the cargo, the number of tiers in the space between the doors and other circumstances due to which the car, container are sent for a commission check. If the cargo is loaded in bulk and counting rows and tiers is not possible, the location of the cargo in the space between the doors is described by the uniformity of loading, the numbers of packages, and special features of packaging.
When drawing up an act of a general form during the transportation of automotive equipment, damage to equipment, lack of parts and assemblies are indicated, and in case of violation of individual places with spare parts and tools, if there is no inventory, their actual presence. If there are signs of theft, they are described in detail, indicating the exact location, the size of the seizures of the cargo, violations of the packaging of packages and other circumstances. The act of the general form also indicates the method of eliminating the possibility of access to the cargo, information about the LPA imposed on the wagon, container, and automotive equipment.
If the wagon arrived at the station with a commercial malfunction, already drawn up in a general form act, and the condition of the wagon (cargo) has not changed compared to the description in the act, the accompanying general form act is recorded in the GU-98 form book, and the general form act is not drawn up again.
In an act of a general form, drawn up to certify the circumstances that serve as the basis for recovery:
- fees for the use of wagons, containers owned by federal railway transport organizations - the reason for the delay of wagons, containers, indicating their numbers, the start and end times of the delay, the actual delay time of wagons, containers;
- payment for demurrage of a locomotive owned by a federal railway transport organization pending the completion of a loading or unloading operation in the event of the delivery and removal of wagons for hauls, separate points (siding points, roadblocks, passing points) that do not carry out commercial operations - the reason and time for the delay are indicated locomotive;
- fees in case of delay due to the fault of the consignor, consignee at the station of departure (destination) of cargo protected by departmental security of the Ministry of Railways of Russia - the number of delayed wagons, containers and the time of their delay are indicated.

2.5. An act of a general form must be signed by at least two persons participating in the certification of the circumstances that served as the basis for its preparation. In addition, when transporting cargo accompanied by an act of a general form, it is also signed by the person accompanying the cargo (the conductor of the consignor, the consignee, an employee of the departmental security of the Ministry of Railways of Russia).
In cases where at the station en route a general form act is drawn up by a specially allocated employee on the basis of data transmitted to him by telephone or radio communication, the first copy of the general form act attached to the transportation document may be signed by the person who drew it up, indicating the names, names, patronymics and positions of the employees who carried out the inspection. The second copy of the act of the general form is signed in the prescribed manner by all the persons indicated in it.
The persons indicated in the act of a general form must sign the act and, if they disagree with its content, have the right to state their opinion. In case of refusal or evasion from signing the act of the general form by the representative of the consignor, consignee, other organizations, the act of the general form is signed by the persons participating in its preparation and an additional note is made in it about the presentation of the act of the general form for signature to the representative of the consignor, consignee, other organization and about its refusal or evasion from signing this act. This mark is re-certified by the signatures of the persons participating in the drawing up of the act of the general form.

I. Rules for drawing up commercial acts

1.1. Commercial acts (Appendix 1 to these Rules) are drawn up in accordance with Article 134 of the Federal Law "Transport Charter of the Railways of the Russian Federation" (Collected Legislation of the Russian Federation, 1998, N 2, Article 218) (hereinafter referred to as the Transport Charter) to certify the following circumstances :
- non-compliance of the name, weight, number of pieces of cargo with the data specified in the transportation document;
- damage (spoilage) of cargo;
- detection of cargo without shipping documents, as well as shipping documents without cargo;
- return of the stolen cargo to the railway;
- non-delivery of cargo by the railway to the railway siding within 24 hours after the execution of documents on the issuance of cargo.

1.2. According to Article 45 of the Transport Charter, at the request of the consignee, the railway may, in accordance with the contract, participate in checking the condition of the cargo, its mass, number of seats and draw up a commercial act in case of detection of the circumstances specified in these Rules.

1.3. The commercial act is drawn up:
- when unloading goods in places common use- on the day of unloading, in appropriate cases - on the day of delivery of goods to the consignee (recipient);
- when unloading goods in places of non-public use - on the day of unloading the goods, while checking the goods should be carried out in the process of unloading them or immediately after unloading the goods;
- en route of cargoes - on the day of detection of circumstances subject to registration by a commercial act.
If it is impossible to draw up a commercial act within the time limits specified in this paragraph, it must be drawn up within the next 24 hours.

1.4. The data in the commercial act are indicated on the basis of transportation documents, books of re-weighing of goods on wagon and commodity scales and other documents, according to which the cargo was reconciled.

1.5. In the case of drawing up a commercial act for the transportation of perishable goods, the first copy of the commercial act shall be accompanied by a duly certified copy of the quality certificate or certificate of quality, drawn up by an employee of the railway station (hereinafter referred to as the station), on the basis of an original document indicating his position, surname, name, patronymic.
When drawing up a commercial act on the damage of perishable goods transported in refrigerated sections, containers, autonomous refrigerated wagons for the transportation of endocrine raw materials (hereinafter referred to as ARV-E), plying with a service team, an extract on the temperature regime en route from work log (form VU-85), signed by the head of the service team of the refrigeration section, container, ARV-E, certified by the signature of the employee appointed by the head of the station, and the seal of the unloading station indicating the position of the station worker, his last name, first name, patronymic. At the same time, the commercial act indicates the value of the air temperature in the refrigerator section, container, ARV-E before unloading, based on the readings of the instruments of the refrigerator section, container, ARV-E.
In the case of drawing up a commercial act for the transportation of animals and goods controlled by the State Veterinary Supervision Service, a copy of the veterinary certificate (certificate) is attached to the first copy of the commercial act.
In the case of drawing up a commercial act for the carriage of regulated goods, a copy of the certificate certifying the absence of quarantine organisms in the goods is attached to the first copy of the commercial act.

1.6. When issuing, with the participation of the railway, homogeneous goods that are transported in bulk or in bulk, and arrived from one consignor to the address of one consignee in serviceable wagons without signs of loss, cases of shortages that exceed the rate of natural loss in the mass of such goods and the error in measuring the net weight, as well as cases of surpluses that make up the difference between the mass of goods determined at the station of departure and the mass of goods determined at the destination station, taking into account the measurement error of the net mass found in relation to such goods transported by individual shipments, when checking for a given calendar day, are issued by one commercial act.
Shortage or surplus of goods transported in bulk, in bulk or in bulk with transshipment or reloading along the route, shipped by one consignor to the address of one consignee and arrived in serviceable wagons without signs of loss along the route, are determined by the results of checking the entire batch of simultaneously issued cargo and are issued by one commercial act.
For each shipment, the commercial act shall indicate the number of the wagon, the type of the wagon, the number of locking and sealing devices (hereinafter referred to as the ZPU) and the information printed on the LPU, the number of seats and the weight of the cargo indicated by the transportation documents and found to be available. In the case of determining the mass of cargo on the car scales, the gross weight, the tare weight of the car (from a stencil or checked on the scales) and the net weight are indicated. Information about the reweighing of wagons is indicated in the list attached to the commercial act. The list is signed by the persons who signed the commercial act.

1.7. Commercial acts are drawn up by the stations in triplicate on the form provided for by these Rules, with typographical numbering and filled in on a computer or typewriter without blots, erasures and any corrections. In case of detection of the circumstances set forth in Articles 113 and 120 of the Transport Regulations, a duly certified copy of the commercial act is drawn up, which is sent to the departure railway to resolve issues related to the compensation by the shipper of the losses caused and the collection of fines.
Each commercial act is affixed with a lower case stamp of the station.
The first copy of the commercial act is used by the railway to investigate the circumstances that served as the basis for its preparation.
If the commercial act is drawn up at the destination station, then its second copy is issued to the consignee at his request.
If the commercial act is drawn up at the departure station or at a passing station, then the second copy of the commercial act is attached to the railway bill of lading (hereinafter referred to as the consignment note) or the baggage bill and follows to the destination station. On the drawing up of a commercial act, a note is made on the reverse side of the consignment note in the column "Railway marks" indicating the number of the commercial act, the date it was drawn up, and in connection with which it was drawn up. This entry is certified by the signature of the employee who is entrusted with this work, and the stamp of the station that made the commercial act.
The third copy of the commercial act is stored in the files of the station that compiled it.
In the event that at the station, work related to the acceptance and delivery of goods in public places is under the jurisdiction of a mechanized distance of loading and unloading operations and commercial operations (hereinafter referred to as the distance of loading and unloading operations), then commercial acts are drawn up by a distance of loading and unloading operations . On each commercial act, a stamp of the distance of loading and unloading operations is affixed. If on the way a commercial act is drawn up by the distance of loading and unloading operations, then the mark made in accordance with the procedure established by this paragraph on the preparation of a commercial act is certified by the stamp of the distance of loading and unloading operations.

1.8. When transporting goods using an electronic consignment note, commercial acts can be drawn up in electronic form. One copy of the commercial act is stored in the files of the station that compiled the commercial act in electronic form. At the same time, the commercial act is transmitted electronically by the station that compiled it to the information and computing center of the railway, of which it is a part. On the basis of the data of such a commercial act, marks are entered in the electronic waybill in accordance with the procedure established by the Ministry of Railways of Russia, provided for by the rules for filling out transportation documents in railway transport.
Commercial acts drawn up in electronic form at the departure station and at the passing station are attached to the electronic consignment note.
A commercial act in electronic form, if necessary, can be printed in the form of its paper copy. At the same time, in the columns "Signature" the names of the persons who signed the original commercial act are printed. All stamps affixed to a genuine commercial act are reproduced in typewriter form. A paper copy of the commercial act in electronic form is certified by the calendar stamp of the station that printed it.

1.9. In cases where the consignment note contains a note on the preparation of a commercial act by a passing station, and it was not found in the transportation documents that arrived with the cargo, a commercial act is drawn up at the destination station based on the results of the delivery of the cargo.
The absence at the time of release of the cargo of a commercial act drawn up at a passing station (regardless of the presence or absence of a corresponding note in the consignment note) cannot serve as a reason for its non-recognition.
If, when checking at the destination station, no difference is found between the data of the commercial act drawn up at the passing station and the actual presence and condition of the cargo at the destination station, then the destination station is obliged, without drawing up a new commercial act, to make in section "G" of the commercial act of the passing station a mark with the following content:
"When checking the cargo issued by "___" _______, there was no difference against this act." Such a mark is certified by the lower case stamp of the station or the stamp of the distance of loading and unloading operations and the signatures of the persons specified in these Rules. A commercial act is registered in the book of accounting for commercial acts drawn up for unsafe transportation of goods. Ordinal registration number book of accounting of commercial acts, is transferred to the commercial act and indicated under the typographical number of this act, after which it is issued to the consignee at his request. In the event that a commercial act drawn up at a passing station is issued to the consignee, a copy of it is kept in the files of the destination station.
In the event of a discrepancy between the information available in the commercial act drawn up at the passing station and the cargo check data by the destination station, a commercial act is drawn up. At the same time, commercial acts drawn up by passing stations are not issued to the consignee at the destination station, except for commercial acts drawn up by passing stations, in which the facts of non-compliance with the established rules for the transportation of goods by the consignor are recorded.
If a commercial act was drawn up along the route or during unloading of the cargo, and at the same time, the cargo arrived in a wagon with the consignor’s serviceable LSD or serviceable loading on an open rolling stock, that is, from which the shipper’s responsibility is seen, then the destination station is obliged to issue to the consignee a copy of the commercial act on the way station, regardless of the issuance of a commercial act drawn up by it when issuing the cargo. In this case, the destination station makes copies of commercial acts of associated stations, which are stored in the files of the destination station.

1.10. In the case of an examination of goods in accordance with the rules for the issuance of goods on railway transport, such an examination must be noted in section "E" of the commercial act.

1.11. The commercial act is drawn up and signed within the time limits provided for in these Rules by the consignee (in accordance with the rules for the issuance of goods on railway transport by proxy for the right to sign the commercial act), if he participates in the inspection of goods, and three railway employees: the head (deputy head) of the station or the head (deputy head) of the loading and unloading operations distance: the head of the cargo area, the head of the warehouse, the head of the container site, the head of the sorting platform, depending on the distribution of duties; station transceiver or transceiver of the loading and unloading distance. If there is no station (loading and unloading distance) at which the commercial act is drawn up in the staffing table, any of the persons listed in this paragraph, other employees of the station (loading and unloading works distance) may be involved in checking the goods and signing the commercial act. . In this case, an entry is made in the commercial act: "the position ____________ is absent in the staffing table."
In the case of checking the tare of the wagon by the acceptance officer, who did not participate in the weighing of the cargo on the day of its unloading, in section "D" of the commercial act, the names of the accreditors who participated in the weighing of the cargo and checking the container of the car are indicated. The commercial act is signed by the acceptance officer who checked the container of the car.

1.12. In cases where a commercial act is drawn up with the participation of the consignee (including for several shipments), upon arrival of serviceable wagons with undamaged LCLs of the loading point, the LCLs removed from the wagons are canceled and attached to the commercial act in the manner prescribed by the rules for sealing wagons and containers.

1.13. At the request of the consignee, the destination station is obliged to issue a commercial act drawn up for this shipment within three days.
Issuance of a commercial act to the consignee is carried out upon presentation of a power of attorney to receive the cargo, and for individuals - a passport or other document proving the identity of the person against a signature on a copy of the commercial act remaining in the affairs of the station.

1.14. In the event that the head (deputy head) of the station or the head (deputy head) of the distance of loading and unloading operations refuses to draw up a commercial act or draw up a commercial act in violation of the requirements of the Transport Regulations and these Rules, the consignee (recipient) has the right to file an application about this in writing to the head (deputy head) of the railway department, and in the absence of a department within the railway, to the head (deputy head) of the freight and commercial work service of the railway department. The specified application can be sent directly to the addressee, as well as against a receipt for receiving the application indicating the documents received through the head (deputy head) of the station or the head (deputy head) of the loading and unloading distance.
Upon admission to the railway department, and in the absence of a department as part of the railway, to the railway department, the application is registered and the date and time of its submission, as well as the position, surname, name, patronymic of the person who accepted the application, are indicated on it. The same data must be indicated in the receipt issued to the consignee when submitting an application through the head (deputy head) of the station or the head (deputy head) of the loading and unloading distance.

1.15. The head (deputy head) of the railway department, and in the absence of a department within the railway, the head (deputy head) of the freight and commercial work service of the railway department is obliged to give the consignee an application for refusing to draw up a commercial act or for issuing it in violation of established requirements reasoned response on the merits of the application: for perishable goods - within one day, for other goods - within three days from the date of receipt of the application.

1.16. If the commercial act is issued to the consignee for the shortage of cargo that arrived on the main shipment, then upon arrival of this cargo, according to the additional document, the destination station, upon presentation by the consignee of the waybill for the main shipment and the commercial act issued to him in the waybill and in all copies of the commercial act in section "G", must make a note that the missing cargo for this shipment arrived according to the forwarding document (indicating its number). In addition, the mark indicates the number of the wagon (numbers of wagons), the name of the station that issued the forwarding, the date of registration of the forwarding and the date of issue of the missing cargo. The mark is signed by the persons specified in these Rules and certified by the stamp of the station. Upon arrival of the last part of the cargo, indicated in the commercial act as not arrived, the consignee returns the commercial act to the station for storage in its files.

1.17. Drawing up a commercial act on the shortage of cargo that arrived on the main shipment, the transportation of which was carried out according to the electronic waybill, is carried out electronically by the destination station and transferred to the information and computer center of the destination railway. Upon arrival of the cargo according to the forwarding documents, when making a mark in section "G" of all copies of the commercial act and in a paper copy of the electronic waybill form GU-27u-VC (waybill) for the main shipment (in the case of issuing an electronic waybill in the form of a paper copy to the consignee), a similar a note must also be made in the electronic commercial act. At the same time, a note on the date of issue of a part of the cargo that arrived according to the forwarding document is entered in the electronic waybill for the main shipment.

III. Rules for drawing up an act on the technical condition of a wagon, container

3.1. In cases of detecting a leak, damage or soaking of cargo that occurred due to a technical malfunction of the wagon, container, in addition to the commercial act, an act is drawn up on the technical condition of the wagon, container (Appendix 3 to these Rules). The act on the technical condition of the wagon, container is drawn up in two copies. The first copy of the act on the technical condition of the wagon, container is attached to the first copy of the commercial act, the second one remains in the affairs of the station that compiled it. An act on the technical condition of the wagon, container should be drawn up, as a rule, on the day the malfunction of the wagon, container is discovered and no later than the day the commercial act is drawn up. When specifying the reasons for the malfunction of the wagon, container in the report on the technical condition of the wagon, container, the nature of the malfunction and its origin must be indicated. 3.2. An act on the technical condition of the wagon must be signed by the employees who took part in the inspection of the wagon: from the wagon depot - by the foreman of the wagon depot or on his behalf by the wagon inspector, from the station - on behalf of the head (deputy head) of the station by the station worker. 3.3. The report on the technical condition of the container must be signed by the employees who took part in the inspection of the container: from the distance of loading and unloading operations - by the foreman of the distance of loading and unloading operations or on his behalf by the acceptance officer, from the station - by the head of the container site or on his behalf by the station employee. If the container site is part of the loading and unloading distance, then the report on the technical condition of the container from the station is signed by the deputy head of the station.

IV. Rules for drawing up an act of opening a wagon, container, car, tractor or other self-propelled machine for border, customs, sanitary, phytopathological and other types of control and inspections (hereinafter - the act of opening a wagon, container)

4.1. When opening a wagon, container, as well as a car, tractor and other self-propelled vehicle transported on open rolling stock at the station, for border control, customs inspection, sanitary, veterinary, phytopathological and other types of control and checks, an act of opening the wagon, container is drawn up ( Annex 4 to these Rules). 4.2. The act of opening the wagon, container is drawn up by the station in three copies when transporting imported goods, in four copies - when transporting goods for export. One copy of the act of opening the wagon, container, together with the LSD removed from the wagon, container, remains at the station that drew up the act, the second is attached to the transportation document and follows along with the cargo to the destination station for issuance to the consignee, the third is issued to the representative government agency at the request of which the wagon, container was opened, the fourth is sent to the departure station to collect from the consignor the cost of the ZPU, newly installed on the wagon, container, car, tractor and other self-propelled machine. The station that has drawn up the act of opening the wagon, container must, in addition, on the reverse side of the consignment note in the column "Railway marks" or under the name of the cargo in the forwarding road list, make a note on the preparation of the act of opening the wagon, container. The mark is certified by the signature of the employee who drew up the act and the calendar stamp of the station. 4.3. The act of opening the wagon, container shall contain information about the LPA, removed and imposed after control and verification from the wagon, container, including: who installed the LPA (customs or other authority state control), as well as control signs and type of ZPU. When transporting goods for export, the fourth copy of the act indicates the cost of the LSD installed on the wagon, container. The act is signed by the employees of the station at which the wagon, container was opened, as well as by representatives of the border, customs and other state control bodies who opened the wagon, container, and is certified by the station's calendar stamp. 4.4. When transporting cargo with the issuance of an electronic consignment note, an electronic act of opening the wagon, container is drawn up in two copies (paper copies). One copy of the act of opening the wagon, container (paper copy), together with the removed ZPU, remains at the station that drew up the act, the second copy (paper copy) is sent to the freight and commercial work service of the railway department, at the station of which the opening of the wagon, container was carried out. The act of opening the wagon, container, drawn up by the station, is electronically transmitted to the information and computer center of the railway, on which the opening of the wagon, container was carried out. On the basis of this act, marks are entered into the electronic waybill, provided for by the rules for filling out transportation documents in railway transport. The act of opening the wagon, container in electronic form and the electronic invoice are sent to the destination station in electronic form. The act of opening a wagon, container in electronic form can be printed out by the station that compiled it or by the destination station in the form of its paper copy. At the same time, in the column "Signature" the surnames, names, patronymics of the persons who signed the original act of opening the wagon, container are printed. A paper copy of the act of opening the wagon, container in electronic form is certified by the calendar stamp of the station that printed it.

V. Rules for drawing up an act on damage to a wagon

5.1. A wagon damage report (Appendix 5 to these Rules) is drawn up in all cases of wagon damage, including in case of damage to the locking devices of the wagon or devices for setting the LSD, subject to capital, depot, current (uncoupling, uncoupling) repairs or exclusion of the wagon from the inventory, as well as in the event of a collision and derailment of the wheelset of the car from the rails. When a wagon wheel pair derails, a wagon damage report is drawn up in all cases, including in the absence of wagon damage.

5.2. The wagon damage report serves as the basis for recovering from the railway, the consignor, consignee, other organization that damaged the wagon, a fine for damage to it and losses of the railway, consignor, consignee, other organization due to damage to the wagon, to the extent not covered by the fine in accordance with Articles 122, 123 of the Transport Charter.

5.3. An act of damage to the wagon is drawn up by the wagon inspector or the foreman of the wagon depot in the presence of a representative of the consignor, consignee, other organization that damaged the wagon, and in the absence of a wagon inspector or wagon depot foreman, by the head of the station or other employees appointed by the head of the railway department (head of the wagon depot service). management of the railway). If the wagon was damaged as a result of a collision or derailment, an act on the damage to the wagon is drawn up with the participation of the chief auditor for safety of the railway department or the inspector for the wagon facilities of the railway department (in the absence of a railway department as part of the railway, by employees appointed by the head of the wagon facilities service of the railway department). roads). In case of damage to refrigerated section wagons, ARV-E or their special equipment, an act on the damage to the wagon is drawn up by the head (deputy head) of the wagon depot, on the site of which the damage occurred, together with the chief auditor for the safety of the railway department (in the absence of a railway department as part of the railway, by an employee appointed by the head of the wagon facilities service of the railway department) and head of the service team of the refrigeration section, ARV-E.

5.4. The act of damage to the wagon is signed by the persons participating in its preparation and certified by the seal used for financial transactions, the wagon depot and the consignor, consignee or other organization that damaged the wagon.
In case of refusal or evasion of the consignor, consignee, other organization from signing an act on damage to the wagon, an act of a general form is drawn up in accordance with these Rules.
An act on damage to the wagon is drawn up separately for each wagon in case of damage in the amount of current repairs - in three copies, in case of collisions and derailments - in four copies, in case of damage in the amount of planned types of repairs, and also in case of exclusion of the wagon from the inventory - in five copies . In case of damage to the refrigerator section, the ARV-E report on the damage to the wagon is drawn up in six copies.
The first copy of the wagon damage report is handed over to the consignee, consignor or other organization that damaged the wagon, the second is attached to the invoice for damage to the wagon, the third is left for storage in the wagon depot, whose representative signed the wagon damage report, the fourth is handed over to the wagon inspector the economy of the railway department, the fifth - is sent to the plant or the car depot, where the car is sent for repair with accompanying documents.
In case of damage to the refrigeration section, ARV-E, the sixth copy of the act is handed over to the head of the service team of the refrigeration section, ARV-E, for transfer to the home depot.
On the way, an act of damage to the wagon is drawn up without the participation of a representative of the consignor, consignee, other organization in an amount less than one copy than provided for by these Rules.
In case of damage to wagons belonging to consignors, consignees, other organizations, an additional copy of the wagon damage report is drawn up, which is issued to them at their request.
When transporting goods accompanied by representatives of consignors or consignees, an act of damage to the wagon can be signed by the conductor accompanying the cargo, who is entrusted with the functions of the consignor and there is a description of his powers in the consignment note.

5.5. The wagon damage report specifies the causes and list of wagon damage, the scope of work and the type of repair required, as well as the cost of damaged parts and the restoration of the wagon. In case of damage to the refrigerator section, ARV-E, the railroad and home depot are also indicated in the wagon damage report.
If the wagon is damaged in a collision, derailment or crash, then in the wagon damage report in the line "Additional data" it is indicated: the value of the maximum bending in the vertical and horizontal plane of the center beams, longitudinal side channels and buffer bars, as well as the name of the car frame elements that require repair.

5.6. In cases of damage to the wagon during collisions, derailments and crashes, when the wagon received additional damage during restoration work, an annex to the wagon damage report is drawn up.
The appendix contains a list of damages and the circumstances that caused them. An annex to the report on the damage to the wagon is also drawn up if, during its preparation, it is established that the wagon has corrosion of the frame, structural and other wear and tear defects in such a volume and size that the wagon is subject to exclusion from the inventory.
The appendix to the act of damage to the wagon is signed by the head (deputy head) of the wagon depot, the chief auditor for traffic safety of the railway department, the auditor for the wagon facilities of the railway department and the head of the recovery train. Signatures in the act of damage to the wagon and in the appendix to it are certified by the seal of the wagon depot used for financial transactions.
When a wagon is sent for repair to a plant (depot), the name of the plant (depot) and the date of preparation of the accompanying sheet for sending the faulty wagon to repair form VU-26M are indicated in the wagon damage report.

5.7. If the damaged wagon is repaired by the consignor, consignee, other organization, then in all copies of the wagon damage report, the representative of the wagon depot who accepted the wagon after the repair makes a note on its acceptance indicating: date, time, serial number of the entry in the book of accounting for federal railway transport wagons , damaged and repaired by enterprises (form VU-16) and certified by his signature.

VI. Rules for drawing up an act on container damage

6.1. A container damage report (Appendix 6 to these Rules) is drawn up in all cases of damage to the container, including damage to the locking devices of the container or devices for setting the LSD, subject to capital, planned, current repairs or exclusion of the container from the inventory.
The container damage report is the basis for collecting from the railway, the consignor, consignee, other organization that damaged the container, a fine for damage to the container and the railway's losses due to damage to the container, to the extent not covered by the fine in accordance with Articles 122, 123 of the Transport Regulations.

6.2. The act of damage to the container is drawn up by the senior receiver or foreman of the distance of loading and unloading operations, or by the inspector of cars or the foreman of the car depot, in the presence of a representative of the consignor, consignee, or other organization guilty of damaging the container. If there are no workers at the station for loading and unloading operations or a wagon depot, an act on damage to the container is drawn up by the station manager or other employees appointed by the station manager.
The container damage report is signed by the head (deputy head) of the loading and unloading area or the head (deputy head) of the wagon depot, or the head of the station, the senior acceptance officer of the loading and unloading area or the wagon inspector or the station acceptance officer, as well as a representative of the organization that damaged the container, with indicating his position, surname, name, patronymic and is certified by the seal of the distance of loading and unloading operations, or the wagon depot, or the station.
In case of refusal or evasion of the consignor, consignee, other organizations that damaged the container from signing the container damage report, an act of a general form is drawn up in accordance with these Rules.
A container damage report is drawn up separately for each container. In case of damage to the container of the federal railway transport, the report on damage to the container is drawn up in triplicate. The first copy of the act on damage to the container is attached to the invoice sent to the organization responsible for the damage to the container. The second copy is kept in the files of the loading and unloading distance, wagon depot or station at the place where the act was drawn up. The third copy with a notification for the repair of a faulty container (Form VU-23k) is sent to the address of the loading and unloading operations or wagon depot that repairs the container. In case of damage to a container owned by consignors, consignees, other organizations, an additional fourth copy of the container damage report is drawn up, which is issued to the consignor, consignee, other organization at their request.
The report on damage to the container specifies the causes and list of damage to the container, the scope of work and the type of repair required, as well as the cost of damaged parts and restoration of the container.

VII. Rules for drawing up an act on underfilling of tanks (bunker gondola cars) found at a loading point or at a washing and steaming station

7.1. In case of detection at loading points or at washing and steaming stations of tanks (bunker gondola cars) with the rest of the cargo more than the norm, established by the rules cleaning and washing of wagons and containers after unloading cargo, an act is drawn up on the underfilling of tanks (bunker gondola cars) found at the loading point or at the washing and steaming station (Appendix 7 to these Rules).
The act on the underfilling of tanks (bunker gondola cars) found at the loading point or at the washing and steaming station is the basis for collecting a fine in accordance with Article 121 of the Transport Regulations from the consignee for excess presence of the remainder of the cargo.
An act on the underfilling of tanks (bunker gondola cars) found at a loading point or at a washing and steaming station is drawn up in four copies for each tank car (bunker gondola car) with the rest of the cargo, of which three copies, together with the waybill on which the tank arrived (bunker gondola car) are sent to the freight and commercial work service of the railway department, where the cargo was unloaded, the fourth one remains at the loading point or at the washing and steaming station and serves as the basis for material accounting of the remains of the cargo seized from the tank (bunker gondola car). In this case, the first copy of the act is attached to the document according to which the fine is collected, the second is issued to the consignee who allowed the tank car (bunker gondola car) to be underfilled, the third is left for storage in the files of the railway on which the discharge was carried out.
An act on the underfilling of tanks (bunker gondola cars) found at a loading point or at a washing and steaming station is signed by the station's acceptance officer and the tank inspector. On the reverse side of the act on the underfilling of tanks (bunker gondola cars) found at a loading point or at a washing and steaming station, the number of hours during which the tank (bunker gondola car) was under discharge is indicated. Moreover, the specified period includes only the time spent on removing the remains of the cargo, excluding the time for steaming and washing tanks (bunker gondola cars). These data are confirmed by the signatures of the head of the filling point or the head of the washing and steaming station and the foreman with the seal or stamp of the loading point or washing and steaming station.

VIII. Rules for drawing up an examination report

8.1. The examination report (Appendix 8 to these Rules) is drawn up to determine the reasons for the shortage, damage or damage to the cargo and the amount of damage caused on the day of the examination in the manner prescribed by the rules for the issuance of goods by rail. The examination certificate is signed: by the expert, as well as other specialists who were involved in the examination at the initiative of the railway or at the request of the consignee; the head of the station and the representative of the consignee, if he took part in the examination of the cargo that arrived at his address. A note on the examination is made in the commercial act in section "E".

19.1. Commercial malfunctions of luggage and cargo luggage detected during transportation are documented in acts of the general form GU-23 (GU-23 VTs) or commercial acts of the form GU-22. Commercial acts of the form GU-22 are drawn up to certify the circumstances:

non-compliance of the name, weight, number of pieces of baggage or cargo baggage with the data specified in the transportation document with the actual arrived baggage or cargo baggage;

damage (spoilage) of luggage or cargo luggage and possible reasons such damage;

detection of baggage or cargo baggage without transportation documents, as well as transportation documents without baggage or cargo baggage

return to the carrier of stolen luggage or cargo luggage.

19.2. The first copies of commercial acts are attached to the transportation documents, while a note is made in the transportation document on the preparation of a commercial act, which is certified by the signature of the responsible employee of the unit.

A sample of the form "Commercial act" form GU-22 is shown in fig. 24 Appendix 2 to this Instruction.

19.3. An act of the general form GU-23 (GU-23 VTs) is drawn up in cases provided for by the rules for drawing up acts. An act of the general form GU-23 VTs is drawn up at automated workplaces.

19.4. An act of a general form is signed by persons participating in the certification of the circumstances that served as the basis for drawing up the act, but not less than two persons.

19.5. The numbering of acts of the general form is carried out separately from the numbering of commercial acts. At the direction of the head of the unit or his deputy, each object and unit of the station (station) is assigned a strictly defined serial numbering, taking into account it in a special book located in the baggage office (commodity office) of the station (station). From January 1 of each year, the numbering of acts must begin with the first number.

19.6. The second copies of acts of a general form are issued to passengers and senders, recipients of cargo luggage at their request, as well as in cases where the act is drawn up as a basis for the recovery of losses caused by the railway.

19.7. Copies of all drawn up acts should be in the unit (station, railway station) in one file (folder) with the correspondence and investigation materials attached to them.

19.8. An act of a general form is drawn up in case of a delay in the supply (transfer) of wagons to the places of loading (unloading), as well as in case of a delay in cleaning (receiving) for reasons depending on the consignees and consignors.

19.9. Acts of a general form are drawn up in cases of refusal or evasion of consignees (consignors) from signing the memos of the acceptor, statements of supply and cleaning of wagons, registration cards, etc. In these cases, a note is made on the drawing up of the act on these documents.



19.10. Together with one copy of the unsigned document, an act of a general form is sent by registered mail to the head of the organization, whose representative refused to sign the document or is handed over to the passenger. A postal receipt for sending a letter to the head of the organization, together with a copy of this letter and an act of the general form, is filed with a copy of the unsigned document.

19.11. None of the parties has the right to refuse to sign the act of the general form. In case of disagreement with the content of the act, each party may state its opinion. If representatives of the consignor (consignee) refuse to sign the act, the act is signed by the persons participating in its preparation. At the same time, a note is made in the act about the presentation of the act for signature to the representative of the consignor (consignee) and about his refusal to sign the act. This mark is certified for the second time by the signatures of the persons participating in the preparation of the act.

19.12. Upon detection of mail and luggage cars with commercial malfunctions that threaten traffic safety or the safety of transportation, an act of a general form is drawn up in three copies, one of which is sent to the infrastructure service in the passenger services of the railway, and the second is stored in the affairs of the station, the third - to the carrier. When drawing up a commercial act in these cases, an act of a general form is drawn up in four copies, and the fourth copy is attached to the commercial act.

19.13. In cases of detection of theft, shortage and damage to luggage (cargo luggage) along the way, an act of a general form is drawn up in three copies, of which the first copy follows with transportation documents to the destination station, the second is sent to the carrier, and the third remains in the affairs of the unit that drew up the act.

Samples of acts of the general form of forms GU-23 and GU-23VTs are presented in fig. 25-26 of Appendix 2 to this Instruction.

This is a strictly accountable document for which certain order. It is compiled according to the approved rules. This document certifies the circumstances that give grounds for bringing to responsibility of the property plan both the transport company and the passenger, sender and recipient of goods, luggage.

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This type of document is used by transport companies, cargo transportation companies, passenger traffic including mail, railways, airlines, bus stations, all cargo delivery services.

Sample

Commercial act No. 34 on damage to cargo on December 21, 2014

Three-liter cans, in pallets, weighing 200 kg, 20 pallets. - Declared value 20,000 rubles. (twenty thousand rubles 00 kopecks). - The value of the cargo according to the documents is 25,000 rubles. (twenty five thousand rubles 00 kopecks) - Packaging - production packaging bags.

Actual date 12/21/2014, travel time 4 hours 20 minutes Estimated date 12/21/2014, travel time 4 hours 20 minutes

Destination Kukushinsk, warehouse TOV "Roads of Paradise" No. 10 Point of departure Mushinsk, warehouse TOV "Roads of Paradise" No. 1

Consignment note No. 17 dated 12/17/2014 Consignee TOV "Duki-Buki", Kukushinsk, st. Vody, 44 Consignor TOV "Shmaki-Draki", Mushinsk, st. Gribov, 22

The act was drawn up by the manager Pupkin V.S. Carrier TOV "Roads of Paradise"

Three-liter cans, in pallets, weighing 200 kg, 20 pallets, including 4 damaged pallets. The packaging has not been opened, the seals have not been broken.

Photos of damaged pallets with three-liter cans are attached to the Act. When unloading at the destination, four broken ballets with three-liter cans were found.

The reason for the damage to the cargo is a broken fastening cable on the above indicated pallets. The act of examination has not been drawn up.

The amount of claims declared by the consignee is 4,000 rubles (four thousand rubles 00 kopecks).

Manager Pupkin V.S. Loader Koshkin A.D. Head of the cargo terminal Sobok S.S. Consignee under the power of attorney Tyutyuk M.N.

Compiled on 12.2014

Important! A commercial act can be drawn up only in case of damage to cargo or baggage from the moment the cargo is accepted for shipment and until the actual delivery to the recipient.

In what cases is it necessary?

This document can be drawn up if:

  1. If the actual data does not match the data, which are indicated in the carrier's documentation in relation to the mass, name, number of pieces of cargo and baggage.
  2. If there is damage to the cargo, baggage and the possible reasons for this fact have been established or not established.
  3. Identification of cargo, baggage without the required transportation documentation, or the presence of such documentation without cargo or baggage.
  4. Return of the stolen goods to the carrier, luggage.
  5. Cargoes not transferred by carriers to public railways according to the established 24 hours from the execution of documentation for its issuance (the act is drawn up only at the request of the recipient of the baggage).

A commercial act can be drawn up when:

  1. Unloading luggage, cargo. In places of public unloading directly on the day of unloading, in rare cases - in the process of issuing cargo, baggage to the recipient or passenger.
  2. Unloading luggage in non-public areas. Must be drawn up on the day of unloading immediately at it or later.
  3. On the way. At the moment when the circumstances providing for the drawing up of a commercial act were discovered.

Compilation rules

  1. The document must be drawn up in 2 copies, without blots and corrections, using electronic typewriters. Copies of acts are duly certified.
  2. Must have signatures the carrier or a person authorized by him, and the owner of the cargo, if he is present during the inspection.
  3. The carrier is obliged to provide the commercial act required by the owner of the cargo no later than three working days. If this has not been done, the owner of the cargo submits a special written application for this fact. The answer must also be issued within three days.
  4. If the act is drawn up about perishable products, it is necessary to attach a quality certificate or other similar document to the first copy.
  5. This act is registered in the book of accounting of commercial acts.
  6. Acts are issued only with an identity document - individuals, and for legal entities- the presence of a power of attorney for this cargo or baggage.

The document should display the following information:

  1. Description of the actual condition of the cargo or baggage and the process of identifying its non-compliance.
  2. Data on the correct loading, placement and securing of cargo or baggage.
  3. Recorded violations of the requirements for loading and accommodation operations and securing luggage or cargo;

Details of the act:

  • document's name;
  • number, date and place where the act was drawn up;
  • invoice number and date;
  • names of points of dispatch and delivery of cargo;
  • information about the sender and recipient;
  • cargo check results;
  • inconsistencies;
  • expertise;
  • signatures of persons constituting the act;

The main persons who are interested in the proper delivery of cargo safe and sound are transport companies and the owner of the cargo.

In order to avoid situations with cargo damage and further complications associated with them, we recommend:

  1. At the stage of concluding a contract for the carriage of goods, make detailed written records of the claim to the carrier (forwarder or owner), upon the occurrence of the above situations.
  2. Careful tracking control and the correctness of filling out the full package of documents for the carriage of goods and its configuration.
  3. In case of high cost of cargo, or if transportation is of a regular nature, conclude an agreement with a surveyor, who will personally verify the completeness, quality of cargo securing, analyze technical condition vehicle carrier.
  4. After, submit a special report, which will be an excellent help in litigation.
  5. Check the cargo carefully upon receipt using a camera or camcorder.
  6. Insist on drawing up a commercial act if the cargo has been damaged.
  7. If a responsible persons refuse to draw up a commercial act, demand written explanations of this refusal, involve a couple of witnesses and draw up an act with your own hand.

Basic advice- do not save, insure your cargo and luggage, then your savings will be more obvious, especially in the event of a situation that requires the preparation of the specified act.

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