Sergey An. Sinitsyn, Pavel P. Kabytov. On the issue of criteria for the unbreakable link among port infrastructure facilities

UDK: 627.09

Sergey An. Sinitsyn - Doctor of Law, professor, Russian Academy of Sciences, chief researcher at the Private Law Center, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Pavel P. Kabytov - Candidate of Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. Transport legislation, as part of the regulation of relations arising among water transport organizations, shippers, consignees, passengers, and other individuals and/or legal entities during shipping, has carried out the legal identification of river and seaports, determined the elements of the property and legal status of ports and property located in ports, and fixed the features of the legal regulation of property relations, the object of which is the property located in the port. These features include the establishment of a special procedure for leasing port property that is federally owned by persons who own port infrastructure facilities that are “unbreakably linked” with the leased property. The current paper, based on a systematic interpretation of legal norms, has identified the content of the category “unbreakable link” in relation to port infrastructure facilities. While examining the current legislation, there has been concluded that there are certain contradictions in it. The paper has also formulated recommendations for public authorities on the interpretation of criteria for the unbreakable link of port infrastructure facilities within the framework of law enforcement activities.

Keywords: port infrastructure facility; unbreakable link; criteria for unbreakable link; lease; federal property.


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