Presentation by Fedor Kormilitsyn Deputy Head of Legal Department A fluctuating justice concerning theft of vehicles and goods: from no responsibility to full liability of transport operators Legal practice in Russia Presentation by Fedor Kormilitsyn Deputy Head of Legal Department ASMAP, Russia

Civil liability according to CMR Convention presumption of liability of the carrier for failure to preserve goods the burden of proving that loss or damage is due to one of the causes which are the grounds for exemption of liability rests upon the carrier the courts examine the carrier’s proofs to decide, whether such exemption of liability is possible

responsibility for non-delivery or loss of goods in transit Administrative responsibility of the carrier according to administrative legislation of Russia responsibility for non-delivery or loss of goods in transit fines amounting to the equivalent of up to 11,500 euro presumption of the carrier’s innocence customs authorities should prove the carrier’s guilt in non-delivery of goods

The practice: civil cases the courts usually do not consider theft, robbery and other third parties’ unlawful actions as grounds for exemption of civil liability such unlawful actions are the part of carriers’ commercial risks rare exclusions from such position of the courts, however, exist

The practice: administrative cases the courts examine: the existence of the carrier’s guilt in non-delivery of goods in case of theft or robbery and the ability of customs authorities to prove such guilt in legally correct way; the possibility of the carrier to avoid unlawful actions or to prevent them by reasonable efforts

The practice: administrative cases when a carrier observes reasonable precautions in the period of carriage, the chances of successful appeal against the decisions of the customs authorities on bringing such carrier to administrative responsibility for non-delivery of goods to the customs office of destination due to theft or robbery are rather high.

Conclusions Despite there is no law of precedent in Russia, the study of legal practice in cases of theft or robbery helps to make correct predictions of the court opinion Carriers should observe safety measures to minimize risk of unlawful actions and to avoid administrative responsibility Carriers should secure their financial stability being at risk of not being able to prove their right of exemption of civil liability