Статьи рубрики | Administrative and legal regulation of transport relations

Scientific specialty:

12.00.14 “Administrative law; Administrative procedure”

Roman Al. Mazhinsky. On the novelties in licensing of business activities for the road transportation of passengers and baggage

UDK: 346:629.331

Roman Al. Mazhinsky - post graduate of the Institute of law and management, Moscow City Pedagogical University (MGPU)

Abstract. In this paper the author analyzes the novelties of the legal regulation of the licensing of business activities for the road transportation of passengers and baggage, which was put in force on March 1, 2019. The author considered the current issues of business risks and the impossibility to fulfill obligations under chartering contracts related to the new edition of regulatory legal acts which define the rules to obtain a license to carry out relevant business activities.

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Sergey Al. Verigo, Tatiyana N. Semina. The problems of customs control in railway transport

UDK: 339.543:656.2

Sergey Al. Verigo - candidate of Economic Sciences, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Tatiyana N. Semina - customs declarant of OOO "DHL Express"

Abstract. Due to its territory Russia is one of the largest countries in the world, and the presence and development of transport infrastructure is of great necessity for the full economic development of the state. This country due to its geographical position has almost all modes of modern transport. The transport system of the state plays a crucial role in socio-economic development, and to provide consumers with reliable transport services with minimal transport costs is perhaps the main condition for sustained economic development [1, p. 34]. The article deals with the issues of customs control on railway transport; it highlights the problems of its improvement in connection with the reduction of costs for completing customs formalities. The authors have concluded that it is necessary to further reform the customs control system.

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Oleg S. Openyshev. On the organization of prosecutor’s supervision over implementation of the legislation on protection of entrepreneurs’ rights in transport

UDK: 347.963:656

Oleg S. Openyshev - candidate of Law, deputy of the Moscow Interregional Transport prosecutor, state 3-rd class counselor of justice

Abstract. Based on the systematic legal and formally dogmatic analysis of the legislation on prosecutorial supervision and transport legislation, the article presents the study results of fundamental approaches to the organization of prosecutorial supervision over the implementation of legislation on protection of entrepreneurs’ rights in transport. The conducted analysis has revealed some contradictions and gaps in the legislation that are of significant theoretical and practical importance for enforcement of law in transport. There have been analyzed main violations detected during prosecutor's checks in this area. Special attention has been paid to the analysis of the activities of regulatory bodies as a means to provide legality and discipline of participants in transport relations. There have been formulated and substantiated some conclusions on the need to improve the regulatory framework, as well as the organization of prosecutor’s supervision over implementation of the legislation on protection of entrepreneurs’ rights in transport, which should be based on the development of uniform methodological approaches to the development of conceptual and categorical apparatus to harmonize legal terms with the necessity to improve the efficiency and legality of transport activities, to eliminate conflicts and gaps in legal regulation.

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Dmitrieva M., Dmitriev A., Bratchuk E. Transport associations: their place and role in the legal field

UDK: 347.463

Dmitrieva M. - lecturer at the law College of the Law Institute of the Russian University of Transport, legal adviser of the public procurement Department of the Institute of chemical physics of the Russian Academy of Sciences

Dmitriev A. - candidate of physical and mathematical sciences, associate professor of the department «Information and mathematical technologies and information law» of the Law Institute of the Russian University of Transport

Bratchuk E. - student of the Law Institute of the Russian University of Transport

Abstract. Professional associations are engaged in the protection of the private interests of representatives of a particular profession, as well as the public interests of a particular profession. Associations defend the interests of the profession, introduce standards and norms of behavior in the professional community, pursue their violators. The associations of transport lawyers are engaged in advising on legal issues in the transport sector in various branches of legislation, as the need for competent legal support of the transport component of the business increases. They assist in the preparation of claims, complaints, represent clients in court, help with the preparation of contracts and agreements. In General, we can say that they deal with legal issues and nuances in the transport sector. The article provides an overview of Russian and international professional associations of the transport industry. Associations of transport lawyers of North America (USA, Canada) and Europe (Holland, Croatia) are considered. The range of issues that they deal with, in which parts of the world are and prospects for their development.

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Shatskaya I. Regulation and organization of cargo transportation by rail

UDK 347.463

Shatskaya I. - candidate of economic sciences, associate professor of the chair «Financial law and taxation» of the Law Institute of the Russian University of transport

Abstract. Competent, timely compliance with and enforcement of Federal laws, normative legal acts of Federal Executive bodies in the field of railway transport, which contain the norms, mandatory for shippers, consignees, carriers, owners of infrastructures, owners of railway lines and other physical and legal entities, can achieve a clear and systematic regulation of the conditions of carriage of goods based on their features, safety of goods, safety of railway rolling stock, containers, traffic safety and eco-logical safety.

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Maltsev V., Gridneva O. Features of legal regulation of transportations on air transport in the Russian Federation

UDK 656.7

Maltsev V. - candidate of legal sciences, associate professor of «Financial law and taxation» department of the Law Institute of the Russian University of transport (MIIT)

Gridneva O. - candidate of legal sciences, associate professor of the chair of civil law disciplines of the Moscow city pedagogical University

Abstract. The article deals with some peculiarities of the system of legal regulation of air transportation in Russia. Reveals the definition of domestic and international air transportation. Analysis of the provisions of the main legislative acts regulating relations in providing air transportation of passengers and cargo. Given the legal characterization of the contract of air carriage. Investigate the subject and conditions of the said agreement under Russian law. It notes the special provisions governing the rights and obligations of the parties. Describes the specific terms of the contract of air carriage of cargo. Illustrates contemporary approaches to issues of concluding and terminating the contract of air carriage of cargo and passengers. Examples of judicial practice on disputes arising from contracts of carriage by air. A separate problematic aspects of legislative regulation of carriage by air, as well as suggestions for their elimination.

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