TRANSPORT AND LOGISTICS

A carrier takes the cargo into its charge and undertakes to deliver it to the destination, bearing liability for loss, shortage and damage from acceptance until delivery. Under a freight forwarding contract the forwarder arranges the carriage and provides related services, and is liable under the general rules on obligations; if, however, it has actually taken the cargo into its charge or has held itself out to the client as the carrier, the rules on carrier's liability apply to it. The legal classification is determined not by the title of the contract but by its content and the parties' actual conduct.

Legal basisChs. 34–35 of the Civil Code of the RK (Arts. 688–708 et seq.); Law of the RK on Transport in the Republic of Kazakhstan

For domestic carriage the contract is evidenced by a goods and transport waybill, and for international carriage by a CMR consignment note issued in three originals. The note records the parties, the cargo, its condition on acceptance, the route and any reservations made by the carrier. The absence or incompleteness of the note does not invalidate the contract, but it sharply weakens a party's evidential position in a dispute over the condition and quantity of the cargo.

Legal basisArt. 689 of the Civil Code of the RK; Law of the RK on Road Transport; CMR Convention 1956

In domestic carriage the loss is compensated in the amount of the value of the cargo lost or missing and, where the cargo is damaged, in the amount by which its value has fallen; the freight charge is also refunded where it is not included in the value of the cargo. In international road carriage the CMR limit applies — no more than 8.33 units of account (SDR) per kilogram of gross weight short, unless the value of the cargo or a special interest in delivery has been declared. The limit does not apply where the carrier acted with wilful misconduct or equivalent default.

Legal basisArt. 705 of the Civil Code of the RK; Arts. 17, 23, 29 of the CMR Convention

Claims arising out of the carriage of goods are subject to a shortened limitation period of one year, running from the moment determined by the legislative acts on transport. For international road carriage the period is likewise one year, extended to three years in cases of wilful misconduct or equivalent default; time is suspended while a written claim is under consideration. Expiry of the limitation period is one of the most common reasons why logistics claims fail.

Legal basisArt. 706 of the Civil Code of the RK; Art. 32 of the CMR Convention

For carriage of goods, submitting a claim to the carrier is a mandatory precondition to court proceedings in the cases established by the legislative acts on transport and by the contract. The claim is made in writing with supporting documents attached — the consignment note, the report on shortage or damage, and the calculation of loss. In international road carriage a written claim suspends the running of the limitation period until the day the carrier rejects it in writing.

Legal basisArts. 706, 707 of the Civil Code of the RK; Arts. 30, 32 of the CMR Convention

Road haulage operates under a notification regime: the carrier files a notification of commencement of activity with the authorised body. International carriage additionally requires an admission card for international carriage and foreign permit forms (dozvols), while special permits are needed for particular categories such as dangerous goods and oversized or heavy loads. Operating without a notification or without the necessary permits entails administrative liability.

Legal basisLaw of the RK on Road Transport; Law of the RK on Permits and Notifications; Ch. 27 of the Code of Administrative Offences of the RK

Standards are set for continuous driving time and for daily and weekly rest, and vehicles engaged in international carriage must be fitted with recording equipment (tachographs) meeting AETR requirements. The employer must record working time, keep the tachograph serviceable and calibrated on time, and retain cards and printouts. Breach of the driving and rest regime, or operating without a tachograph, attracts a fine and is treated as an aggravating factor when a road accident is investigated.

Legal basisLaw of the RK on Road Transport; AETR Agreement; Ch. 27 of the Code of Administrative Offences of the RK; Art. 76 of the Labour Code of the RK

Movement of an oversized or heavy vehicle is permitted only with a special permit specifying an agreed route, and where the permissible axle loads are exceeded an additional road charge is payable. Liability for overloading generally rests with the carrier, but it may bring a recourse claim against the consignor that supplied inaccurate information about the weight of the cargo. It is advisable to record the weighing at loading and to include in the contract an express term on the consignor's liability for overloading.

Legal basisLaw of the RK on Road Transport; Ch. 27 of the Code of Administrative Offences of the RK

Compulsory insurance covers the civil liability of vehicle owners and, for carriers of passengers, the carrier's civil liability towards passengers. Liability for the cargo is not subject to compulsory insurance and is covered by voluntary policies — CMR liability insurance and cargo insurance. Holding a policy does not relieve the carrier of liability for amounts exceeding the insurance payment.

Legal basisLaw of the RK on Compulsory Insurance of Civil Liability of Vehicle Owners; Law of the RK on Compulsory Insurance of the Carrier's Civil Liability towards Passengers

The carrier is liable for failure to meet the delivery deadline unless it proves that the delay was caused by circumstances it could not prevent. The extent of liability is determined by the contract and by the legislative acts on transport, usually as a penalty for each day of delay capped at the amount of the freight charge. In international road carriage compensation for delay is limited to the carriage charges and requires proof of actual damage as well as a timely written reservation.

Legal basisArts. 693, 705 of the Civil Code of the RK; Arts. 19, 23, 30 of the CMR Convention

The carrier is relieved of liability where loss, damage or delay was caused by circumstances it could not avoid and the consequences of which it could not prevent, and by special risks — the inherent nature of the goods, defective packaging, loading carried out by the consignor, or acts of the customs authorities. Road closures, weather conditions and vehicle breakdown are not in themselves treated as force majeure: a defect in the vehicle is expressly stated not to relieve the carrier of liability. The burden of proof lies with the carrier.

Legal basisArts. 359, 705 of the Civil Code of the RK; Art. 17 of the CMR Convention

The standard time allowed for loading and unloading and the charge for demurrage are set by the carriage contract or the transport order; where the contract is silent, the standards established by the rules of carriage apply. Detention is recorded in a report stating the time of arrival and the start and finish of cargo operations, signed by a representative of the consignor or consignee or endorsed with a note of refusal to sign. The absence of such a report is the usual reason why demurrage claims fail.

Legal basisArts. 691, 693 of the Civil Code of the RK; Law of the RK on Road Transport; rules of carriage of goods

A creditor holding an item due to be delivered to the debtor may retain it as security for performance of the obligation until performance is made. A carrier or forwarder may exercise this right where the contract does not exclude it and the cargo belongs to the debtor. Retaining cargo belonging to a third party — a consignee or owner that is not the debtor — is risky and is often treated as arbitrary conduct, so the right of retention is best set out expressly in the contract.

Legal basisArts. 292, 338 of the Civil Code of the RK; Art. 389 of the Criminal Code of the RK (arbitrary conduct)

Carriage is permitted where a permit with an agreed route has been obtained, the vehicle is specially equipped and approved (certificate of approval), the driver has completed special training (ADR certificate), and the marking, packaging and emergency instructions comply with the rules. In the prescribed cases a dangerous goods safety adviser must be appointed. Breach attracts increased administrative penalties and, where consequences follow, criminal liability.

Legal basisADR Agreement; Law of the RK on Road Transport; Ch. 27 of the Code of Administrative Offences of the RK

As a general rule cabotage — carriage of goods and passengers between points located within Kazakhstan by foreign carriers — is prohibited, save where international treaties provide otherwise. Breach entails administrative liability up to detention of the vehicle. Within the EAEU a phased liberalisation applies under the agreed transport policy, the scope of which should be verified as at the date of carriage.

Legal basisLaw of the RK on Road Transport; Treaty on the EAEU; Ch. 27 of the Code of Administrative Offences of the RK

Dozvols are permit forms authorising international road carriage across the territory of a foreign state, allocated among domestic carriers by the authorised body. Whether a permit is required depends on the terms of the relevant bilateral treaty: with some countries a permit-free regime applies, while others require bilateral, transit or third-country permits. A missing or incorrectly completed permit results in a fine and refusal of entry.

Legal basisLaw of the RK on Road Transport; bilateral agreements on international road transport

International rail carriage to CIS, Baltic and Asian countries is governed by SMGS on the basis of an SMGS consignment note; domestic carriage is governed by the rail transport legislation and the rules of carriage. Before proceedings can be brought, a claim must be submitted to the carrier with the original transport documents and the commercial act attached. The commercial act drawn up when shortage or damage is discovered is the key item of evidence and must be requested immediately when the cargo is released.

Legal basisLaw of the RK on Rail Transport; Agreement on International Rail Freight Communication (SMGS)

The liability of an air carrier in international carriage is governed by the Montreal Convention 1999 for states parties, or by the Warsaw Convention, and is limited to a set amount in SDR per kilogram of cargo unless a special declaration of value has been made. A complaint must be made within 14 days of receipt where the cargo is damaged and within 21 days in the case of delay; proceedings must be brought within two years. Failure to complain within the deadline bars the claim, save in cases of fraud by the carrier.

Legal basisMontreal Convention 1999; Law of the RK on the Use of Airspace and Aviation Activity

In multimodal carriage a single operator assumes liability for the entire route and issues a corresponding transport document, such as a FIATA multimodal transport bill of lading. Liability is usually determined on a network basis — by the rules governing the leg on which the loss occurred — and where the leg cannot be identified, by the terms of the contract. It is important for the client to record in the contract whether the counterparty acts as a contracting carrier or merely as an agent.

Legal basisChs. 34–35 of the Civil Code of the RK; modal international conventions; FIATA rules where incorporated into the contract

The consignor is responsible for the accuracy and completeness of the particulars entered in the consignment note — description, weight, number of packages, dangerous properties, customs data — and must compensate the carrier for loss caused by their inaccuracy, including fines. A carrier that accepts the cargo without reservation is deemed to have accepted it in apparent good order and in accordance with the stated particulars, so reservations recorded on acceptance are the carrier's principal safeguard. Terms on the consignor's liability should be spelt out in the contract.

Legal basisArts. 6, 7, 11 of the CMR Convention; Art. 692 of the Civil Code of the RK

Supplies of international carriage services are zero-rated for VAT where the confirmation requirements are met — unified international transport documents covering the entire route, together with the other documents specified in the Tax Code. Without a complete set of supporting documents the supply is reclassified as taxable at the standard rate, which from 2026 is 16 per cent. Freight forwarding services are taxed under separate rules, so the forwarder's remuneration must be properly distinguished from the cost of carriage.

Legal basisTax Code of the RK (Law of the RK of 18 July 2025 No. 214-VIII), provisions on zero-rating of international carriage

Carriage of passengers by taxi operates under a notification regime, with requirements as to the vehicle, the driver and compulsory insurance. Information platforms (aggregators) must ensure that only carriers and drivers meeting the established requirements are admitted to work, and must transmit data to the information systems of the authorised body. Whether the aggregator is liable to the passenger depends on whether it acts as an information intermediary or in fact organises the carriage.

Legal basisLaw of the RK on Road Transport; Law of the RK on Consumer Rights Protection

The party that undertook to carry the goods or to arrange the carriage is liable to the customer regardless of whether third parties were engaged, unless the contract expressly provides otherwise. The contractor answers for the acts of the parties it engages as for its own and may bring a recourse claim against them. This is why back-to-back terms on liability, insurance and claim deadlines in subcontracts are critically important.

Legal basisArts. 276, 363, 705 of the Civil Code of the RK

Shortage, damage or deterioration discovered on delivery must be recorded in the carrier's presence by a report (commercial act), with a corresponding reservation entered on the consignment note. Where the damage is not apparent, written reservations must be sent to the carrier within the short statutory period from acceptance — for international road carriage, no later than seven days, excluding Saturdays, Sundays and public holidays. Silence on the part of the consignee creates a presumption that the cargo was received in good order.

Legal basisArt. 30 of the CMR Convention; Art. 705 of the Civil Code of the RK; rules of carriage of goods

It is essential to distinguish between hire with and without a crew, since this determines who bears liability for harm caused to third parties and who is responsible for maintaining the vehicle. A finance lease should fix the leased asset, the term, the payment schedule, the point at which title passes, the allocation of the risk of accidental loss, and the procedure for repossession on default. Leasing transactions have their own tax treatment and require vehicle registration requirements to be taken into account.

Legal basisCh. 29 of the Civil Code of the RK; Law of the RK on Financial Leasing

To move foreign goods without payment of duties and taxes, the customs transit procedure is used, with security for customs payments or under a TIR carnet. The carrier must deliver the goods to the customs office of destination within the prescribed period, along the designated route and with the means of identification (seals) intact. Breach of the deadline or route, or loss of the goods, triggers an obligation to pay the customs charges and entails administrative liability.

Legal basisCustoms Code of the EAEU; TIR Convention 1975; Ch. 26 of the Code of Administrative Offences of the RK

Detention of a vehicle is a measure securing proceedings in an administrative offence case, applied in the cases expressly provided for and recorded in a protocol. The costs of removal and storage are borne by the person held liable, and the vehicle is released once the ground for detention has been removed. Where detention was unlawful, the official's actions may be challenged and losses recovered, including the cost of the vehicle standing idle.

Legal basisCh. 39 of the Code of Administrative Offences of the RK; Art. 923 of the Civil Code of the RK

The legislation permits, and is progressively extending, the use of electronic transport documents — electronic consignment notes, accompanying notes for goods and electronic invoices — and for certain categories of goods they are mandatory. An electronic consignment note signed with an electronic digital signature has the same evidential weight as a paper one. When designing document flows, the requirements applicable to the particular mode of carriage and category of goods should be checked as at the date of shipment.

Legal basisLaw of the RK on Electronic Document and Electronic Digital Signature; Tax Code of the RK; Law of the RK on Road Transport

Incoterms allocate between seller and buyer the obligations to arrange and pay for carriage, insurance and customs clearance, and fix the point at which the risk of accidental loss passes. Incoterms do not govern the passing of title and do not replace the contract of carriage, so they must be agreed together with the terms of the sale contract and the carriage contract. Choosing the wrong term is a frequent cause of disputes over who bears the loss when cargo is damaged in transit.

Legal basisArts. 3, 382 of the Civil Code of the RK (freedom of contract); Incoterms where expressly incorporated into the contract

Claims under a freight forwarding contract are subject to the general three-year limitation period, unless the contract is governed by the rules on carriage; where the forwarder is classified as a contracting carrier, the shortened one-year period applies. A pre-action claim procedure is mandatory where the contract so provides. To avoid uncertainty, the contract should state expressly whether the forwarder acts in its own name as a carrier or as an intermediary, and should set out the procedure and time limits for claims.

Legal basisArts. 178, 706 of the Civil Code of the RK; Ch. 35 of the Civil Code of the RK