Статья

Aleksandr V. Kulikov, Nikita Iv. Tyulenev. Features of legal regulation of railway transport in Russia and in the European Union and the necessity to harmonize them

UDK: 347.463


Aleksandr V. Kulikov - Doctor of Law, professor, head of the department of the Law Institute of Immanuel Kant Baltic Federal University, honored lawyer of the Russian Federation

Nikita Iv. Tyulenev - applicant of Candidate of Law, Immanuel Kant Baltic Federal University, leading legal adviser of the Kaliningrad Railways (branch of the OAO “RZhD”)


Abstract. The transport law of any state and the union of states should be by nature an open, limitless harmonized system and be compatible with international norms of transport law. According to the International Union of Railways, the prospects for rail freight transportation largely depend on the desire of different countries to combine their efforts and resources. The elimination of all inconsistencies and formal disagreements will create conditions for free international trade and will implement the ideas of free movement of goods and services throughout the Eurasian continent.

The current paper is an analysis of compliance with the norms of domestic legislation and that of the European Union, which determine the organization features of the railway transport system, the functioning of railway carriers, and the owners of the other enterprises infrastructure.

The paper has presented a comparative legal study of the legislative foundations of the railway companies’ activities, the principles of the transportation market regulation. Due to the objective necessity for integration, this area needs to improve legal regulation and harmonization.


Keywords: legal regulation; harmonization of legislation; railway transport; railway transportation; railway infrastructure; transportation process in Europe.


References:

  1. Kushnir, A. M. Strukturnyye reformy zheleznodorozhnoy sfery: opyt i sovremennost' [Structural reforms of the railway sector: experience and modernity] // Ekonomika i upravleniye v XXI veke: Nauka i praktika. — 2017. — № 4.
  2. Vaypan, V. A. Pravovoye regulirovaniye transportnoy deyatel'nosti [Legal regulation of transport activity] // Pravo i ekonomika. — 2012. — № 6.

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