Brief theoretical information. The procedure for drawing up commercial acts What is GU 22

On at the moment process of cargo transportation various types must be properly documented.

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Moreover, there is a fairly extensive list of papers, the presence of which is strictly required in accordance with certain legislative norms. At the moment, one of the mandatory acts is commercial.

It is compiled in several copies, allowing you to reflect large number and is used to solve a wide range of various problems. Moreover, it is necessary to use the unified format of such an act.

Otherwise, such a document may be declared invalid at the legal level. As a result, it will become problematic to use it for its main purpose.

General aspects

The legislation lists in sufficient detail all cases of drawing up a commercial act. The process, despite its apparent simplicity, is associated with a large number of different features and nuances.

All of them are specified in legislative norms. Preliminary familiarization with regulatory documents will allow you to avoid the emergence of a large number of different problems.

This act is especially important if difficulties arise during transportation or after receipt.

Compensation for harm, consideration insured event It will be impossible in the absence of a commercial act when transporting by road or other means.

Key questions to consider in advance:

• what is this?
• purpose of the document;
• legal grounds.

What is it

The term “commercial act” means a special format, which is the legal basis for liability for failure to comply with the terms of the contract.

It is important to remember that all transport companies, as well as private carriers, are required to draw up a special contract. This is exactly the agreement implied.

There is also a fairly extensive list of various rules related to the storage of such documentation. They need to be dealt with in advance.

Since if a violation is detected by certain regulatory authorities, there is a high probability of imposing a fine. Also, do not lose the act. This can simply lead to the impossibility of solving any problems.

Purpose of the document

In Russian Railways, road freight and other transportation, this act is used for:

It is precisely because of the widespread use of this document that one should carefully consider its formation.

Since otherwise it is possible to resolve all kinds of conflicts, controversial situations between the carrier, the recipient and other parties will be lost.

The use of this document in financial statements. Often, all kinds of acts, including the one under consideration, are used to evade taxes and implement corruption schemes.

Therefore, you should avoid making mistakes. Since such or the presentation of incorrect information may be perceived by the tax service as an attempt to evade taxes.

Which will cause the imposition of a fairly significant fine. It is also necessary to remember that it is imperative to comply with the basic rules for drawing up such a document.

Otherwise, such an act will simply be declared invalid and legally void. As a result, it will be unacceptable to use it in court as one of the evidence.

The situation is similar with other supervisory authorities. It is necessary to understand in advance what the legal purpose is.

Legal grounds

Today, there are quite a large number of different legislative acts that regulate the issue of drawing up a commercial act.

But first of all it will be necessary to focus on SMGS. This abbreviation stands for

Agreement on International Freight Transport. Moreover, this document was developed in the middle of the 20th century, and is still in effect under a modern edition.

The main sections that address the issue of drawing up an act of the type in question are the following:

SMGS also includes a fairly extensive list of various additional documents.

The applications that you will also need to understand if possible include the following:

Labeled above normative document allows you to establish direct rail connections with virtually all countries that border Russian Federation.

Before you start drawing up a commercial act, you need to understand the rules of transportation. A sample document of the type in question is presented in the above-mentioned NAP.

If there are differences from the list of recommendations and contents, the act will simply be declared invalid.

The rules for drawing up a commercial act imply, first of all, compliance with a special format. At the same time, it is necessary to remember some significant nuances.

First of all, you will need to first understand the following questions:

• mandatory details;
• how many copies are needed?
• in what cases is it compiled;
• how many commission members sign;
• completed sample.

The optimal solution would be to install an automated application for drawing up acts of this type.

In this way, it will be possible to significantly reduce the time required for compilation, as well as avoid various types of typical errors in this case.

It is possible to fill out a document template using a PC completely automatically, with minimal time and effort.

Required details

In the act of the type in question, it will be necessary to reflect special details. At the moment these are the following:

• full name of the recipient organization, as well as the supplier and sender;
• accurate legal address both of the above persons;
• Valid contact details for communication.

The details indicated above perform not only a formal function for identifying the participants in the transaction for any specific cargo.

But they can also be used for various court hearings. It is important to reflect all the information provided as accurately as possible.

Because otherwise, the document will again be declared simply invalid. Moreover, regardless of the specific case in which it is drawn up, regardless of the type of transport.

How many copies are needed?

The list of information provided in this act is regulated. The document must be drawn up in strict accordance with certain requirements.

In this case, copies of this document must be distributed as follows:

But it is important to remember that it will not necessarily amount to this document just in triplicate only. Sometimes it happens that cargo is delivered in one container to several different legal entities and individuals at once.

In this case, you will need to draw up this document in an amount no less than that indicated above, plus acts for the remaining participants.

In fact, the number of copies is regulated precisely by the agreement between the supplier/recipient.

In what cases is it compiled?

The main feature of such a commercial act is that not in all cases it will need to be drawn up. The list of situations when it is necessary is reflected in Article No. 18 of the SMGS.

This article states that such an act will need to be drawn up if the following circumstances are established:

There is also a list of additional situations when drawing up this kind of act is also required.

These currently include the following:

Available important nuance associated with the preparation of such an act. It must be formed only if the situations indicated above occurred from the moment of receipt of the cargo transport company before it is delivered to the recipient.

If any of the above situations occurred before or after, there is no need to draw up such an act.

How many commission members sign?

Another important point is the number of signatories to this act; it must correspond to that established at the legislative level. Otherwise, the document simply will not be valid.

For example, if the incident took place on railway station, then the signatories must be the following:

• station manager;
• an official supervising the mechanized loading/unloading process;
• head of the cargo area;
• responsible for the container site;
• transceiver.

There are certain nuances regarding signatories, depending on the method by which a particular cargo is transported. This issue should definitely be worked out in advance, in advance.

Completed sample

If for some reason there is no experience in drawing up such a document, then you should definitely familiarize yourself with a correctly compiled sample.

Currently standard unified form is .

It should include the following information:

Emerging nuances

The process of drawing up a document of this type has many different nuances. The main questions that should be studied in advance include:

• on railway transport;
• transportation by trucks;
• about cargo damage.

By rail

If it is necessary to draw up such an act on the railway, it will be necessary to attach some other additional documents to it.

The list of these is again reflected in the SMGS. Moreover, all documents the preparation of which is required are indicated in this NAP. There are also examples of such documents.

Freight transport by road

Transportation by road freight transport is regulated by law. But at the same time, a unified format for a commercial act is not established.

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

The commercial act must certify the following circumstances:

Discrepancy between the name, weight or number of pieces of cargo in kind with the data that appears in the documents;

Spoilage 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 cargo is not delivered within 24 hours after documentation issuance at the commodity office (drawn up at the request of the recipient).

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

In the case of drawing up a commercial report on damage to cargo, the train manager is obliged to submit a work log to the station for inspection, issue a signed statement indicating the mode of servicing the car en route, and provide the head of the unloading station with a personal explanation of the circumstances of the loading and transportation of the cargo. IN commercial act indicate the actual quality condition and temperature of the products, the method of transportation (cooling, heating, insulation), the condition of isothermal cars, the temperature regime of refrigerated cars, the method of stowing cargo (in bulk, suspended, staggered, vertical, etc.) and other circumstances that may characterize the causes of damage or changes in cargo mass. No assumptions or conclusions about the reasons for 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, a technical report is drawn up. Commercial ones are accompanied by quality certificates or certificates issued upon dispatch of the cargo, an extract from the temperature log during transportation in refrigerated cars, documents describing the procedure for servicing the cargo along the way, and all other documents on the basis of which the reasons for damage to the cargo can be established.

Depending on the circumstances, the act may include information about the wagons, seals and marks in the invoice, weight, type of packaging, number of pieces indicated in the documents and in reality, a description of the facts of damage and deterioration, expert opinions, marks from the destination station on the condition of the cargo , who arrived with a passing station certificate.

The commercial act must contain:

An accurate and detailed description of the condition of the cargo and the circumstances under which the cargo was found unsafe. It is not allowed to introduce into the commercial act any assumptions and conclusions about the reasons for such failure or the guilt of the consignor (sender) or the railway. The questions contained in the commercial act form are answered accurately. It is not allowed to put dashes or repeat marks instead of repeating the necessary data;

Data on whether cargo is loaded, placed and secured correctly, as well as whether there are protective markings for cargo 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.

In its structure, the commercial act consists of seven sections: A, B, C, D, D, E, G. When registering cases of unsafe transportation of perishable goods in cars with machine refrigeration, section “D” of the act must indicate: the method of loading the cargo; type and condition of the container; location of spoiled cargo; is the car body in good working order? compliance with temperature conditions; information about the presence of traces of damage to the cargo;

a method of insulating a carriage during transportation in winter.

A note about the examination carried out to determine the reason for the failure of the cargo and the extent of the damage caused is made in section “E” of the act. If the station manager disagrees with the expert’s conclusion, he makes a reservation indicating the reasons.

In section “G”, a note is made at the destination station about the condition of the cargo that arrived with the certificate of the passing station.

In all cases of unsafe transportation, subject to registration by a commercial act, the station manager gives a prompt report by telegraph on the same day. The procedure for issuing and addressing operational reports upon detection of theft, damage or shortage of places or weight of cargo, damage or loss in fires and wrecks is regulated by the instructions.

In case of faulty transportation of perishable goods, control information for the wagon in which the transportation was carried out is attached to the report.

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

Commercial acts are drawn up for each shipment according to a written report from the manager of the cargo yard, warehouse or acceptance agent on 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 number and 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 (manager of the cargo yard, receiver), 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 service of container transportation and commercial operation of their road, the second is issued to the recipient upon his request within three days, the third is stored at the station.

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

If a leak, damage or wetting of the cargo is detected in a faulty condition of the car body, then the car inspector or carriage foreman must draw up a commercial report on the day the malfunction is discovered and no later than the day the car body is drawn up report on the technical condition of the car, 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 carriage depot and the station duty officer.

In addition, the commercial act is accompanied by following documents:

Genuine carriage sheet;

Copies of the commercial act of the passing station;

Copies of certificates and quality certificates;

Copies of invoices;

Copies of invoices;

Copies of examination reports;

An extract from the work log of refrigerated rolling stock;

Full-scale train sheet;

Copies of operational reports, etc.

If there is a disagreement in assessing the condition of the cargo, the consignee or station may require an examination in case of deterioration in quality or loss of cargo, as well as for other reasons. The examination of perishable goods must be carried out by representatives of the bureau of commodity examinations, quality inspectors or veterinary and sanitary supervision with the mandatory participation of a station employee no later than 24 hours from the moment the car is opened in the presence of the station manager, his deputy or the head of the cargo yard.

The expert determines the extent of the loss and the reasons for damage to the cargo, for which commercial acts have been drawn up. His conclusion must indicate: the quality of the cargo before it was spoiled or damaged, the degree of damage or damage to the cargo, by what percentage the value 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, a report is drawn up.

Review of commercial acts on international transportation and the forwarding of these acts to foreign railways is carried out by the services of container transportation and commercial work of border railways. In this case, the drawing up of commercial acts, their investigation and storage are carried out in accordance with the Service Instructions.

Practical lesson No. 41

Drawing up and registration of a commercial act (form GU-22)

Target: familiarize yourself with the procedure for drawing up a commercial act (form GU-22).

Exercise:

1. Study the Rules for drawing up acts for the transportation of goods by rail in the part “Rules for drawing up a commercial act”.

2. Study the procedure for registering commercial acts.

3. Review the completed commercial act for actual unsafe transportation.

4. Draw up a commercial act for unsecured transportation and register it in the Book of Registration of Commercial Acts, form GNU-

Initial data: Draw up a commercial act and register it using the following initial data:

During a commercial inspection it was discovered:

ZPU have no traces of opening

The car (container) was technically faulty

According to the documents it appears detergents with a total weight of 5000 kg in bulk in boxes in a 5-ton container - 3 boxes of Charlie eau de toilette, 1 box of nail polish, 1 box of Sea Freshness air freshener, 6 empty boxes, etc.

Including damaged: 1 box of mascara, 1 box of cream, 1 box of eye shadow, 62 tubes of lipstick, 12 bottles of “Apple” shampoo, 1 box of “Mint” toothpaste, 6 empty boxes.

Description of damage: 1 box of mascara, the top part is torn off, 1 box of open valves, control tapes are broken, 1 box of cream, one valve is torn off, 1 box of eye shadow, the side part is torn, 62 tubes of lipstick on the cases have chips, scratches, dents, dirt, 12 bottles of shampoo “Apple” has dirt, abrasions, etc.

SECTION D - on the basis of the general form act of Krasnoyarsk station, the removal of 2 ZPU and com. checking container 515369755 in the presence of Art. pr. sd. Grigorieva, st.pr.sd. Sakovich, operational group of the Department of Internal Affairs, VOKhR Varygina A.N.

The container is not equipped to transport flammable cargo. In the container, the front rows from the door leaves are loaded to full capacity. The back rows opposite the hole have recesses, the cargo in the container is loaded with boxes, plastic packaging different sizes. According to the invoice, the cargo is loaded with detergents. In fact, the container contained perfume and cosmetic products. The cargo was shipped in violation of Article ___ OF THE CHARTER. The number of places in the consignment note is not indicated, there is no container liner. In fact, the container contained 342 boxes and 68 plastic packaging in good condition, 6 boxes torn - empty, 3 boxes torn, 13 boxes with open valves, 24 bottles, 17 packages, 66 tubes in bulk. The container is technically faulty; on the right side wall there is a rectangular hole 700x400 mm at a distance of 165 mm from the rear wall and 840 mm from the bottom strapping beam. The edges of the hole are torn and concave outward. The hole is fresh. It is possible to seize the cargo. The cargo from container 515369755 was reloaded into container 519337073, sealed with ZPU Klesch 60STs with the stamp P1472316 Russian Railways. Follows to destination station.

Brief theoretical information

A commercial act is drawn up to certify the following circumstances:
- discrepancies between the name, weight, number of pieces of cargo and the data specified in the railway transport bill of lading (hereinafter referred to as the bill of lading);
- damage (spoilage) of cargo and possible reasons such damage;
- detection of cargo without transportation documents, as well as transportation documents without cargo;
- return of stolen cargo to the carrier;
- failure by the carrier to transfer cargo to a non-public railway track within twenty-four hours after registration of documents for the release of cargo. In this case, the commercial act is drawn up only at the request of the consignee.
The commercial act is drawn up:
- when unloading cargo in public places - on the day of unloading the cargo, if necessary - on the day of delivery of the cargo to the consignee;
- when unloading cargo in non-public areas - on the day of unloading the cargo, and inspection of the cargo must be carried out during its unloading or immediately after unloading the cargo;
- along the route of the cargo - on the day of discovery of the circumstances that are subject to formalization by a commercial act.
If it is impossible to draw up a commercial act within the time period specified in this subparagraph, it must be drawn up within the next 24 hours.
The data in the commercial act is indicated on the basis of transportation documents, books of re-weighing goods on carriage and freight scales and other documents.
In the case of drawing up a commercial act when transporting food and perishable goods, a copy of the quality certificate or quality certificate, certified on the basis of an original document with the seal and signature of an authorized representative of the carrier, is attached to the first copy of the commercial act.
When drawing up a commercial report on the spoilage of food and perishable goods transported in refrigerated sections, containers, autonomous refrigerated cars for the transportation of endocrine raw materials (hereinafter referred to as ARV-E), running with a service crew, an extract on the temperature conditions en route is attached to the first copy of the commercial report following from the work log (form VU-85), signed by the head of the maintenance team of the refrigerated section, container, ARV-E, certified by the signature of an authorized representative of the carrier. In this case, the commercial act indicates the value of the air temperature in the refrigerated section, container, ARV-E before unloading based on the readings of the instruments of the refrigerated section, container, ARV-E.
In the case of drawing up a commercial act when transporting animals and goods controlled by the State Veterinary Supervision authorities, 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 when transporting regulated goods, a copy of the certificate certifying the absence of quarantine organisms in the cargo is attached to the first copy of the commercial act.
When issuing, with the participation of a carrier, homogeneous cargo that was transported in separate shipments in bulk or in bulk and arrived within a given calendar day from one consignor to one consignee in serviceable cars without signs of loss, the identified shortage exceeds the rate of natural loss of weight of such cargo and the value of the maximum discrepancy in results of determining the net mass of cargo, or identified surpluses that constitute the difference between the mass of cargo determined at the railway station (hereinafter referred to as the station) of departure and the mass of cargo determined at the destination station, taking into account the value of the maximum discrepancy in the results of determining the net mass of cargo, can be issued in one commercial act.
Shortages or surpluses of cargo transported in bulk, in bulk or liquid with transshipment or reloading en route, shipped by one consignor to one consignee and arriving in serviceable wagons without signs of loss, are determined based on the results of an inspection of the entire consignment of simultaneously issued cargo and are formalized, as a rule, one commercial act.
The commercial act must contain for each shipment: the car number, the type of car, the number of locking and sealing devices (hereinafter referred to as the LSD) and the information printed on the LSD, the number of pieces and the weight of the cargo indicated in the transportation documents and found to be available. In the case of determining the mass of cargo on carriage scales, the gross mass, the container weight of the carriage (from a stencil or checked on the scales) and the net mass are indicated. Information on the re-weighing of wagons is indicated in the list attached to the commercial act. In this case, the list and commercial act are signed by the persons involved in the delivery of the cargo and authorized representatives of the carrier.
The commercial act is drawn up by the carrier in triplicate on the form provided for by these Rules, and is filled out without blots, erasures or any corrections on a typewriter by typing it on Form GU-22 or on a computer at automated workstations and is subject to strict accounting.
Copies of the commercial act drawn up by the carrier at the destination station are distributed as follows:
- the second copy of the commercial act is issued to the consignee upon his request;
Copies of the commercial act drawn up by the carrier at the departure station or at the passing station are distributed as follows:
- the first copy of the commercial act is used by the carrier to investigate the circumstances that served as the basis for its preparation;
- the second copy of the commercial act is attached to the transportation document and follows to the destination station;
- the third copy of the commercial act remains for storage in the carrier’s files.
About the drawing up of a commercial act at the departure station or at a passing station, a mark is made on the reverse side of the consignment note in the column “Carrier's Marks” indicating the number of the commercial act, the date of its preparation and in connection with which it was drawn up. This entry is certified by the signature of an authorized representative of the carrier.
A note on the drawing up of a commercial act at the destination station on the reverse side of the consignment note in the column “Carrier’s Marks” is made at the request of the consignee.
When transporting goods using a consignment note in electronic form a commercial act can be drawn up electronically. The procedure for storing and sending a commercial act drawn up in electronic form is determined by the carrier in accordance with the agreement on the exchange of data and documents in electronic form. Based on the data of such a commercial act, the marks provided for by the rules for filling out transportation documents on railway transport are entered into the electronic consignment note.
Commercial acts drawn up electronically at the departure station and at the passing station are attached to the electronic consignment note.
In cases where the consignment note contains a note about the drawing up of a commercial act at the passing station, but the transportation documents that arrived with the cargo did not contain it, the carrier, based on the results of the delivery of the cargo at the destination station, must draw up a new commercial act.
The absence at the time of delivery of the cargo of a commercial act drawn up at the passing station (regardless of the presence or absence of a corresponding mark in the consignment note) cannot serve as a reason for its non-recognition.
If, during inspection 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 carrier is obliged, without drawing up a new commercial act, to make a statement in section "G" of the commercial act drawn up at the passing station, a note with the following content: “When checking the cargo issued by “__”___, there was no difference compared to this act.”
If there is a discrepancy between the information available in the commercial act drawn up at the passing station and the cargo verification data at the destination station, a new commercial act is drawn up. In this case, at the destination station, the consignee is not issued a commercial act drawn up at a passing station, except for a commercial act drawn up at a passing station, which stipulates the responsibility of the shipper.
If a commercial act was drawn up along the way, certifying the circumstances for which the shipper is responsible, then the carrier at the destination station is obliged to issue the consignee a commercial act drawn up at the passing station, regardless of the issuance of a commercial act drawn up by the carrier when delivering the cargo at the destination station. In this case, a copy of the commercial act drawn up at the passing station is kept in the carrier’s files.
In the case of an examination of cargo in accordance with the rules for the release of goods on railway transport, such an examination must be noted in section “E” of the commercial act.
The commercial act is signed by the consignee or his authorized representative (with a power of attorney for the right to sign the commercial act), if he participates in the inspection of the cargo, and by the carrier.
The commercial act is registered in the carrier’s commercial acts book.
In the case of checking the tare weight of the wagon by a representative of the carrier who did not participate in weighing the mass of the wagon with cargo, the names of the carrier representatives who participated in weighing the mass of the wagon with cargo and checking the tare weight of the wagon are indicated in section "D" of the commercial act. In this case, the commercial act is signed by an authorized representative of the carrier who participated in checking the tare weight of the car.
When unloading and simultaneous delivery of cargo to the consignee, the commercial act is signed by authorized representatives of the consignee and the carrier.
When the carrier unloads wagons into public places at warehouses and station sites, in the case when the cargo is released after unloading, the commercial act is signed only by an authorized representative of the carrier.
In the case of delivery of cargo from a warehouse or station site if there is a discrepancy between the data available in the commercial act drawn up when unloading the cargo from the car, the carrier draws up a new commercial act.
When drawing up a commercial act, locking and sealing devices (hereinafter referred to as LSD) removed from a wagon or container are used in the following order:
- if there are circumstances in which the responsibility of the carrier or the mutual liability of the carrier and the shipper is considered, they are sent, paid off, sent for examination in the manner established by the carrier;
- when drawing up a commercial act under circumstances in which only the consignor is considered liable, the consignor’s damages, removed from the car after they are recognized as serviceable and the commercial act is signed by the consignee, are canceled in the manner established by the carrier. At the same time, in the commercial act in the column “When the act is attached” against paragraph 1 “b”, the note “ZPU repaid” is made.
At the request of the consignee, the carrier is obliged to issue a commercial act within three days.
The issuance of a commercial act to the representative of the consignee is carried out upon presentation of a power of attorney, and if the consignee is individual, - passport or other identification document of a person. Upon receipt of the commercial act, the authorized representative of the consignee signs on the reverse side of the commercial act on a copy remaining in the carrier's files, indicating the date and number of the power of attorney or identification document.
If the carrier refuses to draw up a commercial act or draw up a commercial act in violation of established requirements, the consignee is obliged to submit an application to the carrier in writing, unless another form is provided by agreement of the parties, within three days, and in relation to food and perishable goods - within one day from the moment of delivery of goods or their unloading. The carrier is obliged to give the consignee a reasoned response to the specified application within three days, and in relation to food and perishable goods - within one day from the date of receipt of the application.
Representatives of the carrier and consignee participating in the preparation of the commercial act are required to sign the commercial act. If they disagree with the content of the commercial act, representatives of the carrier and the consignee have the right to express a dissenting opinion in it.

If a commercial act is issued to the consignee for a shortage of cargo that has not arrived under the main consignment note, then upon arrival of this cargo according to the forwarding document, the carrier, upon presentation by the consignee of the invoice for the main shipment and the commercial act issued to him in the consignment note 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 car (car numbers), the name of the station at which the delivery was completed, the date of registration of the delivery and the date of delivery of the missing cargo. Upon arrival of the last part of the cargo indicated in the commercial act as unarrived, the consignee must return the commercial act to the carrier for safekeeping in his files.
If at the destination station, when checking the condition of the cargo, its weight, the number of pieces, a shortage, damage (spoilage) of the cargo is discovered, or such circumstances are recorded in a commercial act drawn up en route, the carrier is obliged to determine the amount of the actual shortage, damage (damage) to the cargo and issue a commercial act to the consignee.

Execution order

1. Study and describe the procedure for drawing up a commercial act and the circumstances for certification of which a commercial act is drawn up (use the Rules for drawing up acts for the transportation of goods by rail).

2. Draw up a commercial act and register it in the Book of Registration of Commercial Acts of the GNU-2 form, using the report of the receiver.

3. Answer control questions and prepare a work report.

1. Answers to security questions.

2. Completed commercial act (f. GU-22), Book of registration of commercial acts f. GNU-2.

Security questions

1. Explain in what cases and within what time frame a commercial act is drawn up.

2. Explain what information is contained in the commercial act and who signs it.

3. Name what is attached to the commercial act.

4. Describe the procedure for registering a commercial act.

In accordance with Article 134 Federal Law"Transport Charter of the Railways of the Russian Federation" The Ministry of Railways of the Russian Federation orders:
Approve the attached Rules for drawing up reports for the transportation of goods by rail.

First Deputy Minister
A. V. Tselko

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

II. Rules for drawing up general acts

2.1. Acts of general form (Appendix 2 to these Rules) are drawn up by stations to certify the following circumstances:
- loss of documents attached by the shipper to the consignment note, provided for by the relevant rules for the transportation of goods by rail;
- delay of wagons at the destination station in anticipation of their delivery for unloading, as well as in cases of overloading of wagons and containers in excess of the permissible carrying capacity for reasons depending on the consignee, owner (user) of the railway access track;
- delay of loaded cars at intermediate stations due to their non-acceptance at the junction station for reasons depending on the consignee, the owner (user) of the railway access track, and the lack of technical capabilities for accumulating cars at the junction station;
- delay in the delivery of empty cars to the shipper in accordance with the accepted application for the transportation of goods for reasons depending on the shipper;
- delay in acceptance by the consignee, consignor of cars and containers belonging to them or rented by them from federal railway transport organizations;
- failure to clear wagons and containers of cargo residues and debris after unloading by the consignee’s means (except for cases of detection of tanks and bunker gondola cars with unfilled cargo residues at loading points or at washing and steaming stations);
- failure to clean the outer surface of tanks and bunker gondola cars after loading and unloading;
- supply by railway of uncleaned wagons and containers for loading by the shipper;
- absence of a seal on the wagon, container (if the consignment note and wagon sheet contain a mark indicating their presence on the wagon, container), damage or replacement of the seal (if there are no circumstances to certify which commercial acts are drawn up), detection en route or on destination stations of ZPU on wagons, containers with unclearly printed information without traces of intentional damage (if the readable information corresponds to the data in the consignment note and wagon list), detection of ZPU on wagons, containers without traces of intentional damage along the route and the information on them does not correspond to the data in the consignment note and carriage sheet;
- delay due to the fault of the consignor, consignee of a locomotive belonging to federal railway transport organizations sent to clean 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 timing of cargo delivery by rail;
- detection of wagons and containers with commercial defects along the route, threatening security movement and safety of transported goods;
- damage to the wagon, container;
- unauthorized occupation by the railway of wagons, containers belonging to the shipper, consignee, other organizations or leased by them;
- unauthorized use by the shipper, consignee, or other organizations of wagons, containers belonging to federal railway transport organizations;
- delay in the delivery of goods in the event of the consignee's evasion of payment for the transportation of goods and other payments due to the railway;
- delay due to the fault of the shipper, consignee at the station of departure (destination) of goods protected by departmental security of the Ministry of Railways of Russia;
- idle time of a locomotive belonging to the federal railway transport organization awaiting completion of loading and unloading operations on hauls, separate points (passing points, checkpoints, passing points) not opened in the prescribed manner for production commercial transactions;
- refusal or evasion of the consignor, consignee, and other organizations from signing a report on damage to a car, a report on damage to a container, a memo from the acceptance and delivery person, a list of delivery and cleaning of cars, a registration card for fulfilling a request for transportation and other documents provided for by the operating technology of federal railway transport. In these cases, on the specified documents, in the place where a signature is provided, a note is made about the preparation of a general form act indicating its number and date of preparation, which is signed by the station employee and certified with the station’s lowercase stamp;
- detection of animal corpses in the carriage along the route, etc.

2.2. Acts of general form are drawn up by stations in the number of copies established by Chapter II of these Rules. On each copy of the general form act in the column “Station _____________ railway.” The lowercase stamp of the station that compiled the act is affixed.
2.2.1. A general form report is drawn up at the stations of departure and (or) destination:
if the general form act establishes the liability of the railway or shippers, consignees, or other organizations, then the first copy of the general form act is attached to the transportation document, according to which the fine, fee and (or) other payments are collected and paid, the second copy is issued to the shipper, to the consignee, another organization (upon request), the third copy remains for storage in the affairs of the station that compiled it;
when drawing up a general form report in the event of refusal or evasion by the shipper, consignee, or other organizations from signing a report on damage to a wagon, a report on damage to a container, a memo from the receiver, a record of supplying and cleaning wagons, a record card for fulfilling the transportation plan, a general form act together with a second copy the specified unsigned bilateral documents are sent by registered mail to the address of the consignor, consignee, and 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 general form act, is kept in the files of the station that compiled it.
2.2.2. A general form of report is drawn up at stations along the route:
- when loaded wagons, containers with commercial defects are detected that threaten traffic safety or the safety of cargo, when signs of theft, shortage and damage to motor and tractor equipment are detected, the first copy of the general form act is attached to the transportation document, the second remains for storage in the files of the station that compiled it . If a commercial act is drawn up, a copy of the general form of the act is attached to it;
- if a violation of the cargo fastening is detected, which caused damage to the car, if the violation of the cargo fastening did not result in its damage (damage), the first copy of the general form act is attached to the transportation document, the second remains for storage in the files of the station that compiled it . A copy of the general form report is sent to the depot that carries out repairs of the car;
- when loaded wagons or containers with signs of theft are discovered, the first copy of the general form act is attached to the transportation document, the second remains in storage in the files of the station that compiled it. A copy of the general form of the act is sent to the linear internal affairs bodies at the place of detection.
At stations along the route, in the cases specified in the rules for calculating the timing of delivery of goods by rail, a general form report is drawn up in two copies. In this case, the first copy of the general form act is attached to the transportation document, about which a note is made on the reverse side of the waybill 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 affairs of the station that compiled it .

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

2.4. The general form of the act must set out the circumstances that served as the basis for its preparation.
If the agreement with the shipper provides for the supply by the railway of uncleaned empty wagons, containers, with open hatches, doors, with devices for securing cargo not removed, then in the case of delivery of such cars, containers for loading at the station, a general form of act is drawn up. The general form of the act indicates that the wagons and containers have been submitted for loading with the consent of the shipper, and lists the numbers of wagons and containers, as well as the contract number and the date of its signing.
If a general form report is drawn up in the event of delay of cargo en route under circumstances requiring an increase in the delivery time of goods, then the report indicates the reason and time of delay of wagons and containers.
When drawing up a general report at stations along the route in cases of detection of wagons and containers with commercial defects that threaten traffic safety and the safety of the transported cargo, the report indicates: the detected faults, the results of cargo inspection, the condition of the body of the wagon, container, ZPU, twists, constipations on the doors and hatches, as well as the state of cargo loading, indicating the completeness of the car load, 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 or container is sent for commission inspection. If the cargo is loaded in bulk and counting rows and tiers is impossible, the location of the cargo in the space between the doors is described by the uniformity of loading, the numbers of cargo items, and special packaging features.
When drawing up a general form report for the transportation of motor and tractor equipment, damage to the equipment, shortage of parts and components are indicated, and in case of violation of individual places with spare parts and tools, if there is no inventory, their actual availability. If there are signs of theft, they are described in detail, indicating the exact location, size of cargo excavations, violation of packaging of cargo items and other circumstances. The general form of the act also indicates the method for eliminating the possibility of access to the cargo, information about the security restrictions imposed on the wagon, container, and automotive equipment.
If the car arrived at the station with a commercial malfunction, already documented in a general form act, and the condition of the car (cargo) compared to the description in the act has not changed, the accompanying general form act is recorded in the book of the GU-98 form, and the general form act is not drawn up again.
In a general form document drawn up to certify the circumstances serving as the basis for the penalty:
- fees for the use of wagons, containers belonging to federal railway transport organizations - the reason for the delay of wagons, containers indicating their numbers, the start and end time of the delay, the actual time of delay of wagons, containers;
- payment for idle time of a locomotive belonging to the federal railway transport organization, waiting for the completion of the loading or unloading operation in the case of delivery and removal of cars for hauls, separate points (passing points, checkpoints, passing points) that do not carry out commercial operations - the reason and time of the delay are indicated locomotive;
- fees for delay due to the fault of the shipper, consignee at the departure (destination) station of cargo protected by departmental security of the Ministry of Railways of Russia - the number of detained wagons, containers and the time of their delay are indicated.

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

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” (Collection of Legislation of the Russian Federation, 1998, No. 2, Art. 218) (hereinafter referred to as the Transport Charter) to certify the following circumstances :
- discrepancy between the name, weight, number of pieces of cargo and the data specified in the transportation document;
- damage (spoilage) of cargo;
- detection of cargo without transportation documents, as well as transportation documents without cargo;
- return of stolen cargo to the railway;
- failure of the railway to transfer cargo to the railway access track within 24 hours after registration of documents for the release 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, take part in checking the condition of the cargo, its weight, the number of pieces and draw up a commercial act if the circumstances specified in these Rules are detected.

1.3. The commercial act is drawn up:
- when unloading goods in public places - on the day of unloading, in appropriate cases - on the day of delivery of goods to the consignee (recipient);
- when unloading goods in non-public areas - on the day of unloading the goods, and inspection of the goods must be carried out during their unloading or immediately after unloading the goods;
- during the transit of goods - on the day of discovery 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 is indicated on the basis of transportation documents, books of re-weighing cargo on wagon and freight scales and other documents against which the cargo was reconciled.

1.5. In the case of drawing up a commercial act when transporting perishable goods, a duly certified copy of the quality certificate or quality certificate drawn up by an employee of the railway station (hereinafter referred to as the station) is attached to the first copy of the commercial act, based on an original document indicating his position, surname, first name, patronymic.
When drawing up a commercial report on damage to perishable goods transported in refrigerated sections, containers, autonomous refrigerated cars for the transportation of endocrine raw materials (hereinafter referred to as ARV-E), running with a service crew, an extract about the temperature conditions en route from work log (form VU-85), signed by the head of the maintenance team of the refrigerated section, container, ARV-E, certified by the signature of the employee appointed by the station manager, and the seal of the unloading station indicating the position of the station employee, his last name, first name, patronymic. In this case, the commercial act indicates the value of the air temperature in the refrigerated section, container, ARV-E before unloading, based on the readings of the instruments of the refrigerated section, container, ARV-E.
In the case of drawing up a commercial act when transporting animals and goods controlled by the State Veterinary Supervision Authority, 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 when transporting regulated goods, a copy of the certificate certifying the absence of quarantine organisms in the cargo 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 one consignee in serviceable cars without signs of loss, cases of shortages that exceed the rate of natural loss of weight of such goods and the error in measuring net weight, as well as cases of surpluses that constitute the difference between the mass of cargo determined at the departure station and the mass of cargo determined at the destination station, taking into account the measurement error of the net mass detected in relation to such cargo transported by individual shipments, when checked for a given calendar day, are processed by one commercial act.
Shortages or surpluses of cargo transported in bulk, in bulk or liquid with transshipment or reloading en route, shipped by one consignor to one consignee and arriving in serviceable wagons without signs of loss en route, are determined based on the results of checking the entire consignment of simultaneously issued cargo and are processed by one commercial act.
The commercial act indicates for each shipment the car number, the type of car, the number of locking and sealing devices (hereinafter referred to as the LSD) and the information printed on the LSD, the number of pieces and the weight of the cargo indicated on the transportation documents and found to be available. In the case of determining the mass of cargo on carriage scales, the gross mass, the container weight of the carriage (from a stencil or checked on the scales) and the net mass are indicated. Information on the re-weighing 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 stations in triplicate on the form provided for by these Rules, with typographical numbering and filled out on a computer or typewriter without blots, erasures or any corrections. If the circumstances set out in Articles 113 and 120 of the Transport Charter are discovered, a duly certified copy of the commercial act is drawn up, which is sent to the departure railway to resolve issues related to compensation by the shipper for losses caused and the collection of fines.
Each commercial act is affixed with a station stamp.
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 a second copy is issued to the consignee upon his request.
If the commercial act was drawn up at the departure station or at a passing station, then the second copy of the commercial act is attached to the railway transport bill (hereinafter referred to as the waybill) or the baggage road manifest and follows to the destination station. A note about the preparation of a commercial act is made on the reverse side of the invoice in the column “Railway Marks” indicating the number of the commercial act, the date of its preparation, and the reason for which it was drawn up. This entry is certified by the signature of the employee assigned to this work and the stamp of the station that drew up the commercial act.
The third copy of the commercial act is kept in the files of the station that compiled it.
If at the station the work associated with the receipt and delivery of goods in public areas is under the jurisdiction of a mechanized loading and unloading distance and commercial operations (hereinafter referred to as the loading and unloading distance), then commercial acts are drawn up by the loading and unloading distance . Each commercial act is stamped with a loading and unloading distance stamp. If, along the way, a commercial act is drawn up by a loading and unloading distance, then the mark on the preparation of a commercial act made in the manner prescribed by this paragraph is certified by the stamp of the loading and unloading distance.

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 kept in the files of the station that compiled the commercial act in electronic form. In this case, the commercial act is electronically transmitted by the station that compiled it to the information and computing center of the railway of which it is a part. Based on the data of such a commercial act, the marks provided for by the rules for filling out transportation documents on railway transport are entered into the electronic consignment note in accordance with the procedure established by the Ministry of Railways of Russia.
Commercial acts drawn up electronically 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 out as a paper copy. At the same time, in the “Signature” columns the names of the persons who signed the original commercial act are printed. All stamps affixed to the original commercial act are reproduced in machine-printed form. A paper copy of a 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 about the preparation of a commercial act by a passing station, but the transportation documents that arrived with the cargo did not contain it, the 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 delivery of the cargo of a commercial act drawn up at the passing station (regardless of the presence or absence of a corresponding mark in the consignment note) cannot serve as a reason for its non-recognition.
If, during inspection 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 a statement in section "G" of the commercial act of the passing station a note with the following content:
“When checking the cargo issued by “___”_______ there was no difference compared to this act.” Such a mark is certified by a lowercase stamp of the station or a stamp of the loading and unloading distance and the signatures of the persons specified in these Rules. The commercial act is registered in the book of accounting of commercial acts drawn up for unsecured transportation of goods. Ordinal registration number book of registration of commercial acts, transferred to the commercial act and indicated under the typographical number of this act, after which it is issued to the consignee upon his request. If 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.
If there is a discrepancy between the information available in the commercial act drawn up at the passing station and the cargo verification data at the destination station, a commercial act is drawn up. At the same time, at the destination station, commercial acts drawn up by passing stations are not issued to the consignee, except for commercial acts drawn up by passing stations, which record facts of non-compliance with the established rules for the transportation of goods by the shipper.
If along the route or during unloading of the cargo a commercial act was drawn up and, at the same time, the cargo arrived in a wagon with a serviceable locking system of the consignor or a serviceable loading on an open rolling stock, that is, from which the responsibility of the shipper is considered, then the destination station is obliged to give the consignee a copy of the commercial act along the way station, regardless of the issuance of a commercial act drawn up by it upon delivery of the cargo. In this case, the destination station makes copies of the commercial acts of passing stations, which are stored in the files of the destination station.

1.10. In the case of an examination of cargo in accordance with the rules for the release of goods by rail, a note about such examination must be made 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 cargo by railway transport with a power of attorney for the right to sign the commercial act), if he participates in the inspection of cargo, and three railway employees: the head (deputy head) of the station or the head (deputy head) of the loading and unloading operations distance: head of the cargo area, head of the warehouse, head of the container site, head of the sorting platform, depending on the distribution of responsibilities; station transceiver or loading and unloading distance transceiver. In case of absence from staffing table station (loading and unloading distance) at which the commercial act was drawn up, any of the persons listed in this paragraph may be involved in checking the cargo and signing the commercial act, other employees of the station (loading and unloading distance) may be involved. In this case, an entry is made in the commercial act: “there is no position ____________ in the staffing table.”
In the case of checking the container of a wagon by a delivery person who did not participate in weighing the cargo on the day of its unloading, the names of the acceptor who participated in weighing the cargo and checking the container of the car are indicated in section “D” of the commercial act. The commercial act is signed by the acceptance person who checked the container of the car.

1.12. In cases where a commercial report is drawn up with the participation of the consignee (including for several shipments), upon the arrival of serviceable cars with intact seals at the loading point, the seals removed from the cars are canceled and attached to the commercial report in the manner prescribed by the rules for sealing cars 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.
The 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 identification document of the person signed on a copy of the commercial act remaining in the station’s files.

1.14. If the head (deputy head) of the station or the head (deputy head) of the loading and unloading distance refuses to draw up a commercial act or execute a commercial act in violation of the requirements of the Transport Charter and these Rules, the consignee (recipient) has the right to submit an application about this in writing 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. The specified application can be transferred directly to the addressee, as well as against receipt of 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 receipt by the railway department, and in the absence of a department within the railway - by the railway department, the application is registered and the date and time of its submission, as well as the position, last name, first name, and 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 a railway department, and in the absence of a department within the railway, the head (deputy head) of the cargo and commercial work service of the railway department, must give the consignee an application for refusal to draw up a commercial act or for its execution 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 a commercial act is issued to the consignee for a shortage of cargo that arrived under the main shipment, then upon arrival of this cargo according to the pre-shipment document, the destination station, upon presentation by the consignee of the invoice for the main shipment and the commercial act issued to him in the invoice 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 car number (car numbers), the name of the station that issued the delivery, the date of registration of the delivery and the date of delivery of the missing cargo. The mark is signed by the persons specified in these Rules and certified with the station stamp. Upon arrival of the last part of the cargo indicated in the commercial report as not arriving, the consignee returns the commercial certificate to the station for storage in its files.

1.17. Drawing up a commercial report for the shortage of cargo that arrived as part of the main shipment, the transportation of which was carried out using an electronic consignment note, is carried out electronically by the destination station and transmitted to the information and computing 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 consignment note form GU-27u-VTs (waybill) for the main shipment (in the case of issuing an electronic consignment note to the consignee in the form of a paper copy of it), a similar a note must also be made in the electronic commercial act. In this case, the electronic consignment note for the main shipment contains a note about the date of delivery of part of the cargo that arrived under the pre-shipment document.

III. Rules for drawing up a report on the technical condition of a wagon or container

3.1. In cases of detection of leakage, damage or dampening of cargo that occurred due to a technical malfunction of the wagon or container, in addition to the commercial report, a report on the technical condition of the wagon or container is drawn up (Appendix 3 to these Rules). The report on the technical condition of the wagon or container is drawn up in two copies. The first copy of the act on the technical condition of the wagon or container is attached to the first copy of the commercial act, the second remains in the files of the station that compiled it. A report on the technical condition of a wagon or container should, as a rule, be drawn up on the day the fault of the wagon or container is discovered and no later than the day the commercial report is drawn up. When indicating in the report on the technical condition of a wagon or container the reasons for the malfunction of the wagon or container, the nature of the malfunction and its origin must be indicated. 3.2. The report 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 wagon depot foreman or, on his behalf, by a wagon inspector; from the station - on behalf of the head (deputy head) of the station by a station employee. 3.3. The report on the technical condition of the container must be signed by the workers who took part in the inspection of the container: from the loading and unloading distance - by the foreman of the loading and unloading distance or, on his behalf, by the acceptance and delivery person, from the station - by the manager of the container site or, on his behalf, by a 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 vehicle for border, customs, sanitary, phytopathological and other types of control and inspections (hereinafter referred to as the act of opening a wagon, container)

4.1. When opening a wagon, container, as well as a car, tractor and other self-propelled machine transported on open rolling stock at a station, an act of opening the wagon, container ( Appendix 4 to these Rules). 4.2. The act of opening a wagon or container is drawn up by the station in triplicate when transporting imported goods, and in four copies when transporting goods for export. One copy of the act of opening the wagon, container, together with the ZPU 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 delivery to the consignee, the third is issued to the representative government agency at the request of which the wagon or container was opened, the fourth is sent to the departure station to collect from the shipper the cost of the ZPU newly installed on the wagon, container, car, tractor and other self-propelled machine. The station that drew up the act of opening the wagon or 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 manifest, make a note about drawing up the act of opening the wagon or 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 a wagon or container shall indicate information about the ZPU removed and applied after control and inspection from the wagon, container, including: who installed the ZPU (customs or other authority state control), as well as control marks and the type of control device. When transporting goods for export, the fourth copy of the act indicates the cost of the ZPU installed on the wagon or container. The report is signed by employees of the station where the wagon or container was opened, as well as by representatives of the border, customs and other government control authorities who carried out the opening of the wagon, container, and is certified by the station’s calendar stamp. 4.4. When transporting cargo with an electronic consignment note, an electronic act of opening the wagon or container is drawn up in two copies (paper copies). One copy of the act of opening the wagon or container (paper copy), together with the removed seals, 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 or container was carried out. The act of opening a wagon or container drawn up by the station in electronic form is transmitted to the information and computing center of the railway where the wagon or container was opened. Based on this act, the marks provided for by the rules for filling out transportation documents on railway transport are entered into the electronic consignment note. The act of opening the wagon, container in electronic form and the electronic waybill are sent to the destination station in electronic form. The act of opening a wagon or container in electronic form can be printed by the station that compiled it or by the destination station in the form of a paper copy. At the same time, in the “Signature” column the surnames, first names, and patronymics of the persons who signed the original act of opening the wagon or container are printed. A paper copy of the act of opening a wagon or container in electronic form is certified with the calendar stamp of the station that printed it.

V. Rules for drawing up a report on damage to a wagon

5.1. A report on damage to the car (Appendix 5 to these Rules) is drawn up in all cases of damage to the car, including damage to the car's locking devices or devices for installing a locking device that is subject to major, depot, routine (uncoupling, uncoupling) repairs or exclusion of the car from inventory, as well as in the event of a collision and derailment of a car wheel pair. When a car wheel pair derails, a car damage report is drawn up in all cases, including in the absence of damage to the car.

5.2. The report on damage to the wagon serves as the basis for collecting from the railway, the shipper, the consignee, and other organization that damaged the wagon, a fine for its damage and losses to the railway, the shipper, the consignee, and other organization due to damage to the wagon, in part not covered by the fine in accordance with the articles 122, 123 of the Transport Charter.

5.3. A report on damage to a wagon is drawn up by a wagon inspector or wagon depot foreman in the presence of a representative of the consignor, consignee, or other organization that damaged the wagon, and in the absence of a wagon inspector or wagon depot foreman, by the station manager or other employees appointed by the head of the railway department (head of wagon service). railroad management facilities). If the damage to the car occurred as a result of a collision or derailment, a report on the damage to the car is drawn up with the participation of the chief safety inspector of the railway department or the inspector for the carriage facilities of the railway department (in the absence of a railway department within the railway - by employees appointed by the head of the carriage services service of the railway department roads). If the wagons of the refrigerated section, ARV-E or their special equipment are damaged, a report on the damage to the wagon is drawn up by the head (deputy head) of the wagon depot where the damage occurred, together with the chief safety inspector of the railway department (in the absence of a railway department within the railway - an employee appointed by the head of the carriage service of the railway department) and the head of the maintenance team of the refrigerated section, ARV-E.

5.4.The report on damage to the wagon is signed by the persons involved in its preparation and certified by the seal used for financial transactions of the wagon depot and the consignor, consignee or other organization that damaged the wagon.
In case of refusal or evasion of the shipper, consignee, or other organization from signing a report on damage to the car, a general form report is drawn up in accordance with these Rules.
A car damage report is drawn up separately for each car if it is damaged in the scope of routine repairs - in three copies, in case of collisions and derailments - in four copies, in case of damage in the scope of planned repairs, as well as in case of exclusion of the car from the inventory - in five copies . If the refrigerated section is damaged, the ARV-E car damage report is drawn up in six copies.
The first copy of the report on damage to the wagon is transferred to the consignee, consignor or other organization that damaged the wagon, the second is attached to the invoice presented for damage to the wagon, the third is left for storage in the wagon depot, whose representative signed the report on damage to the wagon, the fourth is handed over to the inspector for the wagon. to the department of the railway, the fifth is sent to the factory or car depot, where the car is sent for repair with accompanying documents.
If the refrigerated section, ARV-E, is damaged, the sixth copy of the report is handed over to the head of the maintenance team of the refrigerated section, ARV-E, for transfer to the home depot.
During the route, a report on damage to the car is drawn up without the participation of a representative of the shipper, consignee, or other organization in an amount of one copy less than provided for by these Rules.
If wagons belonging to shippers, consignees, or other organizations are damaged, an additional copy of the wagon damage report is drawn up and issued to them upon their request.
When transporting goods accompanied by representatives of shippers or consignees, the report on damage to the car can be signed by the conductor accompanying the goods, who is entrusted with the functions of the shipper and there is a description of his powers in the consignment note.

5.5. The car damage report specifies the causes and list of damage to the car, the scope of work and type of necessary repairs, as well as the cost of damaged parts and restoration of the car. If the refrigerated section, ARV-E, is damaged, the railway car and the home depot are also indicated in the car damage report.
If the car is damaged in a collision, derailment or derailment, then in the car damage report in the line “Additional data” the following is indicated: the maximum bending value in the vertical and horizontal plane of the center beams, longitudinal side channels and buffer beams, as well as the name of the car frame elements that require repair.

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

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

VI. Rules for drawing up a container damage report

6.1. A report on damage to the container (Appendix 6 to these Rules) is drawn up in all cases of damage to the container, including damage to the container locking devices or devices for installing a safety lock, subject to major, scheduled, routine repairs or exclusion of the container from the inventory.
An act of damage to a container is the basis for collecting from the railway, the shipper, the consignee, or another organization that damaged the container, a fine for its damage and losses to the railway due to damage to the container, to the extent not covered by the fine in accordance with Articles 122, 123 of the Transport Charter.

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

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

7.1. If tanks (bunker gondola cars) with a cargo balance exceeding the norm established by the rules for cleaning and washing wagons and containers after unloading cargo are found at loading points or at washing and steaming stations, a report is drawn up on the underfilling of tanks (bunker gondola cars) detected at the loading point or at the washing and steaming station (Appendix 7 to these Rules).
A report of underfilling of tanks (bunker gondola cars) detected at a loading point or at a washing and steaming station is the basis for collecting a fine from the consignee in accordance with Article 121 of the Transport Charter for excess cargo balance.
A report on underfilling of tanks (bunker gondola cars) detected at a loading point or at a washing and steaming station is drawn up in four copies for each tank (bunker gondola car) with the remainder of the cargo, of which three copies are included with the forwarding invoice on which the tank (bunker gondola car) arrived 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 removed from the tank (bunker gondola car). In this case, the first copy of the act is attached to the document on which the fine is collected, the second is issued to the consignee who allowed the tank (bunker gondola car) to be underfilled, the third is left for storage in the files of the railway on which the drain was made.
A report on underfilling of tanks (bunker gondola cars) detected at the loading point or at the washing and steaming station is signed by the station's acceptance and delivery person and the tank inspector. On the reverse side of the report on under-draining of tanks (bunker gondola cars), detected at a loading point or at a washing and steaming station, the number of hours during which the tank (bunker gondola car) was under draining is indicated. Moreover, the specified period includes only the time spent on removing cargo residues without taking into account the time for steaming and washing tanks (bunker gondola cars). These data are confirmed by the signatures of the head of the loading 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 applied.

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 release of cargo by rail. The examination report 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 about the examination carried out is made in the commercial act in section “E”.