UDK: 347

Sergey V. Sekushin - Deputy CEO of Institute of economics and transport development (IETD)

Abstract. The current paper has presented a brief analysis of the ownership of railways (as property) in Russia and some foreign countries (France, China, Germany) according to the type of rights and subjects. There has been established that in Russia, public railway transport infrastructure facilities belong to a number of entities (including JSC “Joint Stock Company “Railways of Yakutia”, FSUE “Crimean Railway”, FSUE “Railways of Novorossiya”, LLC “Rubicon”), and only the objects of JSC “Russian Railways” are limited in a turnover. Such regulation is individual and not objective, which is a clear drawback and requires improvement of legislation. In the context of setting up a Unified Core Transport Network of the Russian Federation, there have been proposed directions for the development of the institution of restriction in the railway property turnover. This development should consider the possibility of restoring licensing of owners of public railway infrastructure facilities and involving existing facilities of JSC “Russian Railways” in concession projects, despite their limited turnover.

Keywords: legal regime of property; turnover restriction; ownership; public railway transport infrastructure facilities; Unified Core Network.

References:

1. Sekushin, S. V. Retrospektivnyy obzor razvitiya pravovykh rezhimov imushchestva zheleznykh dorog i sovremennoye regulirovaniye v Rossii [Retrospective review of the development of legal regimes of railway property and modern regulation in Russia] / S. V. Sekushin // Transportnoye pravo i bezopasnost'. — 2021. — № 4(40). — S. 344―355.
2. Vinnitsky, A. V. Publichnaya sobstvennost' : monografiya [Public property: Monograph] / A. V. Vinnitsky. ― Moscaw : Statut, 2013 // URL: https://znanium.com/catalog/product/1007084 (access date: 28.02.2024).
3. Andreeva, G. N. Sobstvennost’ v konstitutsiyah zarubezhnih stran XVIII―XX vv. : monografiya [Ownership in constitutions of foreign countries in XVIII–XX centuries. Monograph]. ― Мoscaw, 2009.