The Far Eastern Railway Authority appealed to the Sakhalin Oblast Arbitration Court with a claim to the Sakhalin Shipping Company open joint-stock company for the recovery of 6,000,000 rubles. a fine for non-compliance with the transshipment plan following in direct mixed rail-water communication in January 1995.
The decision to dismiss the claim was substantiated by the fact that the claimant did not provide evidence that his claims were based on a contract, law or planned obligations.
Meanwhile, there is a hub agreement between the Far Eastern Railway on the procedure for receiving and transferring cars with goods of direct mixed rail-water communication from one mode of transport to another in the ports of Vanino and Kholmsk and agreed to by the Ministry of Railways of the Russian Federation and the Ministry of Transport and roads and shipping companies transshipment plans in the port of Vanino in January 1995.
The fact that the shipping company did not fulfill the cargo transshipment plan in January 1995 was confirmed by a record card for the fulfillment of the planned rate of cargo transshipment from railway to water transport, unconditionally signed by the head of the station and the port of Vanino.
According to paragraph 106 of the Rules for the transport of goods in direct mixed
railway and water communication and paragraph 5.1. The key agreement is the responsibility of the shipping company and the railway for the non-fulfillment of the transshipment plan.
Paragraph 107 of the Rules for the carriage of goods in direct mixed rail-water communication is the responsibility for delaying the reception of loaded wagons assigned to the port (it is a question of responsibility for simple wagons).
AOOT Sakhalin Shipping Company is the successor of the Sakhalin Shipping Company. At the time of the conclusion of the hub agreement, the shipping company was not a joint-stock company, and the port of Vanino was part of the shipping company structure.
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