Статьи рубрики | Administrative and legal regulation of transport relations

Scientific specialty:

5.1.2. Public law (state law) sciences (legal sciences)

Timur An. Tukhvatullin, Elena S. Kondratova. Legal regulation of the operation of highly automated vehicles in the Russian Federation: problems and prospects

UDK: 347.4

Timur An. Tukhvatullin - Candidate in Law, head of the department of legal support of the compliance department of ANO “Moscow Directorate of Transport Services”

Elena S. Kondratova - main specialist of the department of legal support of the compliance department of ANO “Moscow Directorate of Transport Services”

Abstract. In the conditions of large-scale spread of modern technologies in transport, which determine the relevance of the issue, there has been conducted a comparative legal study of international and national regulatory legal acts, as well as their projects regulating relations in the field of regulating the operation of highly automated (unmanned) vehicles. There have been considered the problems of legal regulation of the use and operation of unmanned vehicles in traffic conditions. The bills on regulating the operation of unmanned vehicles submitted to the Russian parliament have not acquired the status of existing regulatory legal acts. Unmanned vehicles are currently used on the basis of by-laws exclusively in the conditions of an experiment conducted on the territory of individual constituent entities of the Russian Federation without the release of such vehicles on public roads. By the time the experiment on the operation of highly automated vehicles is completed, it will be necessary to regulate legally all issues related to the operation of such vehicles with the simultaneous integration of their regulations with the norms of the current legislation in the field of transport and road safety, as well as legislation on experimental legal regimes in the field of digital innovations regulated by a special law. Taking into account one of the main problems of Russian legislation regulating the operation of unmanned vehicles, which does not allow the movement of a vehicle on public roads without a driver, there has been determined the need to amend the Traffic Rules. In this regard, there has been proposed to synchronize the Traffic Rules with the provisions of the 1968 Convention on Traffic Rules.

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Svetlana N. Zaikova. Anti-terrorist protection of railway transport: classification of measures of administrative coercion

UDK: 343.34

Svetlana N. Zaikova - Candidate in Law, docent, Saratov State Law Academy

Abstract. There has been conducted an analysis of measures of administrative coercion aimed at ensuring the observance and execution of mandatory requirements for transport security by the subjects of railway transport. The purposefulness, content, legal regulation, specific features and subjects of the application of coercive measures of anti-terrorist protection of railway transport are considered. In order to systematize them and improve procedural regulation, there has been proposed an author’s classification of measures of administrative coercion, depending on various criteria.

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Sergey Al. Semenov. On the state of scientific support of administrative and legal regulation of transport security

UDK: 342.951:351.82

Sergey Al. Semenov - Maritime Security Service

Abstract. The fifteen-year period of development of transport security legislation has clearly demonstrated that transport security, both as a complex of interrelated social relations and as a legal institution, is a very complex phenomenon. This complexity is largely due to the coverage by a single regulation of outwardly similar, but internally very different social relations arising from the provision of transport security in different modes of transport. The desire of the rule-makers to regulate these social relations by a single written positive law, the law is understandable and attractive. However, those existing objective differences between modes of transport, their features that have arisen independently of each other in the process of independent development based on objective technical and technological differences, cannot always be solved by universal norms of the law. As a rule, the resolution of special cases in the field of transport security of certain transport modes is carried out by issuing special regulatory legal acts. On the one hand, this approach makes it possible to promptly respond to newly emerging challenges, but on the other hand, it blurs the universality of general norms in the field of transport security. One of the reasons for this situation is the lack of predictive scientific research in the field of transport security. The solution to the problem can be the establishment of a research center for transport security, which would analyze the efficiency of legislative norms and rules, as well as the dynamics of possible challenges, form proposals for legislators and the Government of the Russian Federation.

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Viktor Iv. Ivakin. Environmental and legal liability for violation of vehicles’ operation

UDK: 349.6

Viktor Iv. Ivakin - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has considered the legal aspects associated with the operation of such a type of transport as cars, and their impact on the environment. The most important component of the problem is the identification of the so-called “narrow” sides and the solution of issues of direct environmental and legal responsibility. It should be noted that in this case we could talk not only about a category that includes, among other things, various types of coercion, including administrative responsibility, but also about a legal mechanism that contributes to a certain extent to reducing the negative impact of designated vehicles, both on the atmospheric air and in general for the environment. In this regard there have been analyzed administrative and legal norms, where there have been established punishments for these environmental offenses. There have been studied sanctions applied for the indicated acts contained in the Code of Administrative Offenses of the Russian Federation and other acts, among which the most common both in Russia and other states, is an administrative fine. However, its amounts for such offenses in different countries, including the Republic of Belarus and Kazakhstan, differ significantly. So, in Russia the limit of this punishment did not change for a long time. This circumstance testifies not only to the inefficiency of the norms, but to the inattention to this issue on the part of both environmental and law enforcement agencies. In this regard, there have been formulated certain proposals aimed at improving legislation in the debatable area of public relations. There has been proposed to introduce an environmental fine into the draft environmental code of the Russian Federation, the application of which is possible for the above offenses along with a similar punishment established by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, but independently of them. The paper has also provided an analysis of the activities of the relevant subjects, namely the bodies and officials who have the right to bring to the designated type of legal liability.

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Vladimir Al. Zhavoronkov. Expert estimation of dangerous traffic situations arising from the violation of the rules of changing lanes when driving a vehicle

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has considered the features of one of the frequently performed maneuvers performed by vehicle drivers in the process of driving on roads, namely changing a row or lane. Justifying the relevance of the topic, the author has presented the statistical data characterizing the state of road safety in this country. There have been studied reasons of dangerous traffic situations during changing a row or lane, as well as the factors influencing their occurrence, with reference to the opinions of scientists expressed on the pages of both domestic and foreign scientific sources. Some attention has been paid to the mechanism of a traffic accident associated with a violation of the rules of changing a row or lane. The paper has also paid attention to the psychological aspects of the driver’s personality and his behavior as factors that significantly affect safety when changing lanes. The paper has defined a list of road situations in which changing lanes can be carried out and examined in detail the circumstances of this maneuver in each of them. Special attention has been paid to changing lanes performed by drivers to occupy a convenient lane for overtaking when they overtake, including in the oncoming lane, as well as changing lanes as an element of a multi-stage violation recently introduced into the traffic rules, namely a dangerous driving. Revealing the theoretical and practical issues related to the rules of changing lanes in certain traffic situations, the author has presented some data obtained while monitoring vehicles’ changing lanes in real road conditions. In conclusion, there have been proposed several specific measures of a regulatory, technical, and organizational nature, aimed at reducing traffic accidents associated with violation of the rules for vehicles’ changing lanes while driving on the roads.

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Artur D. Vardanyan. Intersections of line features as a special planning object of the settlements’ territories in the interests of transport infrastructure development: legal aspects

UDK: 711.7:656.02(076.5)

Artur D. Vardanyan - The Kutafin Moscow State Law University (MSAL); Research and Design Institute of the General Plan of the City of Moscow

Abstract. When planning the development of the transport infrastructure of settlements and urban districts, it is almost inevitable that it is necessary to envisage the intersections of line features for various purposes with each other, ensuring unhindered and safe convergence and divergence of communication routes and the transition of traffic flows from one direction to another. Accordingly, the arrangement of such intersections should be shown in the planning documentation for the settlements’ territories. The current paper has considered the features of planning the settlements’ territories in order to arrange the intersections of linear features of transport infrastructure with each other and with linear objects of other purposes. There has been carried out a classification of intersections on various grounds: by belonging of objects to various economic sectors; by belonging to different modes of transport; by mutual arrangement; by the functional purpose of the intersections. There have been established general signs of intersections of linear features. There has been formulated the author’s definition of the intersection of linear features of transport infrastructure.

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Vasily Al. Bokan. Problems of confiscation of land plots and property during the construction of roads

UDK: 501.7.654

Vasily Al. Bokan - FGI “Roads of Russia”

Abstract. In the conditions of modern reality, considering the increase in the population growth rate, a global infrastructure improvement of the Russian territory is of great necessity. Cities are expanding, the number of roads and highways is increasing. In order to achieve the set goals, the state and municipalities increasingly need space for development, i.e. plots of land. In the legislative framework, as well as in scientific materials, there is a clear distinction between the grounds for the confiscation of land for state and municipal needs. The current paper is devoted to these issues.

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Aleksey An. Maksurov. Investigation of water transport accidents: history and modernity

UDK: 656.62.052

Aleksey An. Maksurov - Candidate of Law, P.G. Demidov Yaroslavl State University

Abstract. The current paper has described the features of the investigation of water transport accidents. The historical and legal approach applied by the author makes it possible to evaluate the possibility of returning to pre-existing forms of water accidents’ investigation. The history of the regulation of the investigation has been shown in the connection with the modern understanding of this type of legal activity. Based on the study results, there has been made a conclusion about the complexity of the category “investigation of water transport accidents” and its irreducibility to a single order and procedure because of the specificity of the types of water transport accidents, the amount of damage and the type of violated social relations. There have been described the activities of the coordinating body in this area, namely the commissions for the investigation of water transport accidents. The current paper has also drawn attention to the possibility of an expert study of the circumstances of the accident in order to obtain objective knowledge about its causes and mechanism.

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Viktor V. Koryakin., Evgeny Al. Nesterov. Legal, theoretical and methodological basis for the application of a risk-based approach to the state transport control (supervision)

UDK: 342.951:656

Viktor V. Koryakin - Doctor of Law, professor, Russian University of Transport

Evgeny Al. Nesterov - Candidate of Law, the head of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the essence and content of the risk-based method of transport control and supervision. There have been presented various points of view on this method of state control (supervision), its advantages and disadvantages. There has been given a scientific and practical commentary on legislative and by-laws regulating transport control and supervision. There has been substantiated that the widespread introduction of the risk-based method will significantly improve the efficiency of control and supervision activities in the field of transport.

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Aigozel S. Bailieva. The study of legislative and institutional barriers to the development of life cycle contracts in the road sector

UDK: 351.811

Aigozel S. Bailieva - Russian Road Scientific-Research Institute (FAI “ROSDORNII”)

Abstract. The issues of developing an object as a result of the work and its subsequent maintenance with subsequent recycling (if necessary) have always been an important area in the transport industry. The supreme bodies of state power of the Russian Federation are constantly in search of new tools to improve the quality and reduce the total cost of work that can ensure the achievement of goals and objectives in the most important areas of development of the state. One of the ways to solve this problem is to implement a life cycle contract. The practice of introducing life cycle contracts is becoming increasingly relevant, taking into account the specifics of transport industry development in the Russian Federation and the problems arising during the operation of roads and artificial road structures caused by shortcomings in the construction and reconstruction of these facilities. Taking responsibility for all elements of the cost of developing a facility and its further maintenance, a single contractor reduces operational risks and the amount of work. A long-term contract with fixed payments simplifies the planning of the exploitation budget by a customer, and a contractor replaces investments and fixed costs with variable costs, which reduces his risks. At the same time, an analysis of law enforcement practice available in some sources has shown a low level of readiness of subjects to sign such contracts due to the insufficient level of legislative development, which requires a more comprehensive and rational approach to this issue. The current paper has presented the estimation of the main institutional and legislative obstacles, barriers that prevent signing and executing life cycle contracts in the transport industry. There have been made proposals to eliminate gaps in the law.

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