Problems of recovery of lost profits in the organization of freight rail transportation

The interests of clients of the railway industry and Russian Railways in matters of recovery and compensation for “lost profits” and “lost opportunities” are not considered and regulated in laws and by-laws regarding railway transportation. Claim work is based on compensation for real damage both from users of railway transport services and from the Russian Railways holding.

An algorithm for the formation, submission and resolution of claims in the provision of rail transportation services is considered. The functionality of the personal account for the clients of JSC “Russian Railways” of the project “Electronic Claimant” was analyzed. The importance of developing a basic formula that takes into account the factors affecting the amount of lost profits is indicated. The existing scheme for conducting recourse work to recover losses of Russian Railways JSC is given and a scheme for conducting claim work to compensate for lost profits of Russian Railways JSC on the basis of a unified automated system of act and claim work is presented. It is proposed as a basis for further elaboration of this issue, a mechanism for rebilling in the event of final losses from a failed transportation for clients of the Russian Railways holding. The expediency of applying a possible replacement transaction when the company finds another counterparty is also considered. The application of these measures will make it possible to create equal competitive conditions in the market for all customers and the Russian Railways holding.

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