Статьи рубрики | Administrative and legal regulation of transport relations

Scientific specialty:

12.00.14 “Administrative law; Administrative procedure”

Aleksandr P. Ovechkin. Currency and legal status of transport organizations as residents in the system of currency legal relations

UDK: 347.752:656


Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport


Abstract. The analysis of the development of modern international relations convincingly shows that transport organizations are becoming more and more active participants in these relations, carrying out the transportation process of passengers and goods, and therefore, they are all more actively involved in the system of currency legal relations. In this perspective, the study of their currency and legal status is of great relevance. In the current paper the currency and legal status of transport organizations has been considered as a set of general, special and additional rights and obligations, as well as liability for violations of currency legislation. At the same time, there has been analyzed the currency and legal status of only those transport organizations that are residents in accordance with Russian currency legislation. The current paper discusses both the theoretical aspects of the problem and the problems of law enforcement practice, as well as some recommendations. The methodological basis were the works of leading experts in the field of currency law. The normative basis are the currency legislation acts, the acts of currency regulation bodies and the acts of currency control bodies. Writing the paper, the author relied on the dialectical method of cognition, and on such special methods of scientific knowledge as systemic and comparative analysis.

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Sergey F. Mazur, Elena V. Karpycheva. The application of professional standards by certain categories of staff as one of the means to enforce security of railway traffic and operation

UDK: 34 (078)


Sergey F. Mazur - Doctor of Law, professor, researcher of the Research Center of Academy of Management of the Ministry of Internal Affairs of the Russian Federation

Elena V. Karpycheva - Candidate of Historical Sciences, docent, associate professor of the department 'Information technologies in jurisprudence and document supply of management' of the Law Institute of the Russian University of Transport


Abstract. In the current paper the authors have studied the goals, objectives, and the procedure for applying professional standards related to the activities of railway staff and enforcing security of this mode of transport. There has been conducted a comparative analysis of professional standards: a train attendant; a train electrician; a train safety inspector. There have been considered the generalized labor functions, labor skills, labor actions, as well as knowledge and skills regulated by the professional standards adopted to ensure the safety of passengers, goods, luggage, environmental safety. The analyzed professional standards are aimed to stimulate the staff to study and competently apply the regulatory legal and local regulatory acts that regulate safety organization on railway transport. The current paper has also analyzed the only sufficiency of official publication of orders of the Russian Ministry of Labor, which approved these professional standards, on the official Internet portal of legal information and on the official website of the Russian Ministry of Labor.

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Olga M. Zemlina, Aleksandr Ig. Zemlin. On some organizational and legal aspects of internal financial control and internal financial audit in the process of budgetary expenses to solve system-wide transport problems in the context of digitalization of the economy

UDK: 347.73:656


Olga M. Zemlina - Candidate of Law, docent, associate professor of the department "Transport Law" of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored worker of the Higher Professional Education

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department "Transport Law" of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation


Abstract. The current paper has studied some legal and organizational aspects of internal financial control and internal financial audit to ensure the transport system development. It has identified significance of internal financial control and internal financial audit in the context of the application of the program-targeted and project methods for planning budgetary expenses to solve system-wide transport problems. Based on the analysis of the theoretical foundations and the legal framework for legal support and organization of internal financial control and internal financial audit, there were identified inconsistencies and gaps in Russian legislation. There were analyzed the changes to budget legislation that came into force in 2020. There were proposed the directions to improve legal regulation in order to ensure efficiency of internal financial control and internal financial audit in the context of the implementation of program-targeted method and project approach to the Russian transport system development in accordance with the objectives of the Transport Strategy of the Russian Federation for the period up to 2030, as well as indicators of the state program "Development of transport system."

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Aleksandr Ig. Zemlin. Organizational and legal problems of training staff for the transport security enforcement system

UDK: 378.046.4:656.62.08


Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department 'Transport Law' of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation


Abstract. Using formal-dogmatic analysis, the current paper has examined the norms of legal acts of current Russian transport and educational legislation. The study results have shown the necessity to improve the quality of legal regulation of relations in the field of training staff for transport security enforcement system and personnel allowed to work in the field of transport security during the operation and the use of transport and its infrastructure. The study results have also considered a necessity to improve the efficiency of the organizational component and the legal basis of the training system of qualified personnel for transport security enforcement. The preparation of the current paper has been determined by the needs to identify the patterns of development of the training system of qualified personnel for transport security enforcement because of growing threats to transport security; to fix promising directions, principles and relevant forms of development of the legal and organizational framework for training qualified personnel for transport security enforcement. The study was carried out using the methods of systemic legal analysis, using a formal legal approach. The presented study results can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian legislation to enforce transport security.

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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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