UDK: 656.086.16

Kseniya S. Krupysheva - State Policy Department of Maritime and Inland Water Transport of the Ministry of Transport of the Russian Federation

Abstract. The liability of the carrier is one of the most important and urgent problems of maritime law. For a correct understanding of any type of legal relationship, it is necessary to pay attention to the features of the civil liability of the parties, which shows the essence of private law regulation. In considering the liability of a carrier, the rule of navigation error is essential, which is the most characteristic feature of the regulation of liability of parties in the maritime law. Currently, there are quite a few studies on the problems of applying the rule of a navigation error, while this topic is discussed among scientists. In the research papers, this rule is not given a proper comprehensive attention, it is considered only as one of the possible cases of limiting the liability of a carrier. They can say that a navigation error is a kind of legal phenomenon in the maritime law that characterizes the peculiarities of legal regulation in legislation.

UDK: 347.463:656.025.4

Mariya S. Kornukova - Russian University of Transport

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

Abstract. The current paper deals with the problematic issues of ensuring safety of goods in direct mixed transportation, i.e., by several modes of transport under a single transport document. There have been identified the gaps in the legal regulation of the issues of protection of transported goods, especially when they are transferred for transportation from one mode of transport to another. There have been proposed some measures to improve transport legislation in this area.

UDK: 347.463:658.115

Vera V. Smirnova - Candidate of Law, associate professor, Russian University of Transport, veryvera@list.ru

Sergey Al. Pravkin - Candidate of Law, associate professor, Russian University of Transport, Pravkin@bk.ru

Abstract. The current paper has presented the analysis of application of the concession financing model in the transport sector. The concession model, being a kind of public-private partnership, is innovative, allowing making public partner agreements with the private sector, developing managerial and financial potential. The use of the concession model by the public partner does not require large costs, which go to private business and project financers. The concession model is a model of cooperation between a customer and a contractor-concessioner is the most popular in the transport sector. At the same time, risks, costs, obligations are shared. The joint implementation of investment projects makes it possible to obtain an agreed result related to the modernization and operation of the transport sector. At the same time, the concession is a successful mechanism for sustainable growth. The purpose of the paper was to study the legal basis of the concession model, to identify legal ways to ensure the financing of the concession, which, in turn, ensures the effective management of the financial assets of the parties.

UDK: 347:347.763

Mariya S. Kornukova - Russian University of Transport, KornukovaMS@economy.gov.ru

Abstract. The relevance of the current study is due to the fact that at present the most effective way of transportation, which allows to ensure high freight capacity, speed and timeliness of delivery of goods to their destination and a high level of transport security, is transportation by various modes of transport (direct mixed transportation). At the same time, the legal regulation of direct mixed (multimodal) transportation contains a number of unresolved problems and issues of a legal nature. Therefore, the development of the organization of direct mixed (multimodal) transportation is one of the urgent strategic tasks of the Russian transport sector. The current paper deals with the study of the main terminological approaches of domestic and foreign scientists in describing transportation by various modes of transport. The author has investigated the problem of terminological inaccuracy and the lack of a unified approach to the essence of the concepts of “direct mixed transportation”, “combined transportation”, “transportation in direct mixed traffic”, “intermodal transportation”, “multimodal transportation”. As a result of the analysis of sectoral transport legislation, as well as the draft federal law “On direct mixed (combined) transportation”, there has been identified a number of shortcomings of the modern transport legislation of the Russian Federation, and there have been made proposals aimed at improving it. The purpose of the study was to investigate a system of different views and approaches to the formation of a unified concept of the interpretation of terms in the transport sector, their systematization and improvement. In the paper there has been considered the main advantages of transportation by various modes of transport, and identified a number of problematic aspects in the field of legal regulation of transportation.

UDK: 347.463

Elena V. Protas - Doctor of Pedagogical Sciences, Candidate of Law, professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Ekaterina An. Gorbunova - student of the Law Institute of the Russian University of Transport

Abstract. The efficiency of the transportation mainly depends on the legal regulation in this area. The current paper has considered the features of the carrier’s liability when violating the obligations of the railway transportation of goods. Currently, the problems of applying the current legislation remain unresolved. It concerns both general provisions on the transportation of goods and special legislation, especially in the field of the rights and obligations of the carrier and his liability. The legislation regulating the railway transportation of goods has been formed by nowadays. Despite this, the norms of transport legislation often contradict the norms of general civil legislation, which creates problems in resolving disputes. Therefore, the topic of the carrier's liability is of special importance, since under the contract for the railway transportation of goods, the main liability is on a carrier, namely the railways.

UDK: 347.4:651

Svetlana V. Borisova - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the specifics of the organizational and legal forms of economic entities that train teachers and drivers of vehicles of various categories and subcategories. There has been noted that economic entities of various organizational and legal forms and forms of ownership, including entrepreneurs, whose main purpose is to make a profit, have the right to provide educational services. The author has made a conclusion about the relationship between the quality of the services provided for the training of teachers and masters of a driving training with the organizational and legal form of an economic entity. In order to improve the quality of professional vehicle drivers’ training and enforce transport security, there has been proposed to consolidate in the current legislation the special status of organizations that train teachers and masters of a driving training in the form of non-profit institutions and autonomous non-profit organizations.

UDK: 347.45/.47

Denis Ev. Zaykov - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. Disputes between insurance companies and consumers (third parties who have acquired rights of consumers’ claim against an insurance company) arising from compulsory civil liability insurance contracts for vehicle owners are widespread. In this connection, the introduction of a mandatory claim procedure for their resolving with the participation of the financial consumer ombudsman has created the necessary conditions both for their prompt, high-quality and legal resolution, and for the exercise of the right to go to court. At the same time, the existing legal regulation of the institution of the claim procedure for resolving disputes on the contracts of compulsory motor third-party liability insurance allows for ambiguous interpretation, and the judicial practice of its application has multidirectional development, which negatively affects the possibility to protect the rights and legitimate interests of consumers and determines legal uncertainty in these relations. The author of the current paper has analyzed the existing problems of the relevant legal regulation and judicial practice, and suggested ways to resolve them.

UDK: 347.763

Elena V. Protas - Doctor of Pedagogical Sciences, Candidate of Law, professor, professor of the department “Civil law, international private law and civil procedure” of the Law Institute of the Russian University of Transport

Dmitry P. Skrypnichenko - student of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the contract of maritime cargo shipment, as well as issues of legal regulation of the sea carrier’s liability. Among the civil contracts concluded in the field of transport, it is the contract of cargo shipment that is one of the leading. The problem of the carrier’s liability under the contract of maritime cargo shipment is inappropriately one of the most relevant in maritime law, since these disputes, firstly, are very common in judicial practice, and secondly, they penetrate into the sphere of interests of each counterparty. In the scientific literature, opinions differ regarding the carrier’s fault. The paper has touched upon the features of regulating the sea carrier’s liability in case of terms’ violation, cargo damage, loss or shortage, navigation error. The situation of cargo delivery terms’ violation is still one of the most urgent in the Russian maritime law. The authors of the paper have made suggestions on determining a measurement unit for the cargo delivery delay and on the penalties for these actions. It’s necessary to choose a way to unify the rules for maritime cargo shipment, ratify a single international treaty, expand the limit of compulsory carrier’s liability and their further development and reflection in national legislation in order to prevent the fragmentation of maritime practice.

UDK: 651.011.42

Sergey F. Mazur - Doctor of Law, professor, professor of the department of civil law disciplines of the Institute of International Law and Justice of the Moscow State Linguistic University, main researcher of the Research Center of the the Ministry of Internal Affairs of Russia

Elena V. Karpycheva - Candidate of Historical Sciences, docent, associate professor of the department ‘Informational technologies in jurisprudence and management documentation’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has presented the issues of improving civil law, aimed at ensuring sustainable development of the Russian economy in modern conditions. There has been conducted the analysis of the amendments made to a number of legislative acts governing and regulating the functioning of the transport industry of the Russian Federation. There has been determined significance of the Federal Law of June 8, 2020 No. 168-FZ “On the Unified Federal Information Register containing information about the population of the Russian Federation” for the transport industry.

UDK: 347.466.3

Zoya An. Tarasenko - post graduate of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The purpose of the current study is to analyze the legal status and legal status of a notary in the system of administrative and legal regulation of notaries in Russia using the example of the features of the notarial action of pledge accounts (registration of pledge notices) of a vehicle. There has been emphasized the importance of such a notarial action, since the creation of a notarial register of pledge notices makes it possible to check the credit purity of movable property, and then, it provides a clear criterion for the good faith of the buyer. With regard to the pledge accounts of vehicles in the notary system, there has been made significant improvement to provide individuals and legal entities with the purchase of vehicles, mechanisms, and other expensive property, before the conclusion of a sale and purchase contract and transfer of funds to the seller, the opportunity to check such property via the Internet and contact a notary for a copying from the register of notifications. Such a mechanism provides a buyer with the safest way possible, without an unfavorable outcome of the transaction and further litigation.