Статьи рубрики | Civil and legal aspects of transport law and security

Scientific specialty:

12.00.03 “Civil law; Business law; Family law; International Private law”

Anastasiya Al. Galitskaya. Penalty as one of the types of liability under a civil works contract: origin, theory and practice

UDK: 347.4

Anastasiya Al. Galitskaya - post graduate of the department 'Civil law, international private law, civil procedure' of the Law Institute of the Russian University of Transport

Abstract. The current paper deals with the history, purpose and development of legislation on a penalty as the oldest way to ensure obligations. It analyzes its main types, development of law enforcement practice, considers the rights of parties participating in such category of cases to file petitions to reduce the penalty. The consideration of a penalty is based on the characteristics of a civil works contract. One of the features of a civil works contract is the composition of its participants, which include not only the parties to the contract themselves (a customer and an independent work contractor), but also the subcontractors, investors, and third parties involved by the general contractor. Thus, in the process of construction, the relations of the parties go far beyond the framework of the civil works contract, for example, its parties become parties of the relations between transport services, supply, insurance and many others. Since in accordance with the Civil Code of the Russian Federation, the deadline of the works is of great importance, and as a rule, the customer seeks to include into the contract as many ways ensuring fulfillment of obligations as possible, it is an analysis of a penalty that is of scientific interest.

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Anatoliy N. Shevchuk, Polina N. Motina. Features of proof in civil cases in disputes arising in the field of transport

UDK: 347.463:347.9

Anatoliy N. Shevchuk - Candidate of Law, professor, professor of the department 'Civil law, international private law, civil procedure' of the Law Institute of the Russian University of Transport

Polina N. Motina - student of the Law Institute of the Russian University of Transport

Abstract. Consideration of general jurisdiction of civil cases in disputes arising in the field of transport legal relations is carried out in accordance with the general rules provided for by the norms of the Civil Procedure Code of the Russian Federation (hereinafter the CPC RF). At the same time, legal proceedings in this category of cases are distinguished by a number of distinctive features. One of them is a regulation of judicial proof not only by the rules of the CPC RF, but also by a branch legislation in the field of transport legal relations. The norms of the branches of law in the field of transport supplement and specify the legal regulation of certain aspects of proof in disputes arising in this field. However, there are the questions that require a critical analysis, an assessment of the justification of the provisions of the branch transport legislation in relation to the regulation of the proving process, their compliance with the principles of the civil process. In this regard, the current study analyzes the civil procedural rules and presumptions provided by the transport legislation, as applied to the parties proving the stated requirements or objections. There has been paid attention to problematic issues related to the definition of the range of proof used in the courts' consideration of disputes in the field of transport. There has been also given a critical assessment of the commercial act as written evidence and its important role in establishing the facts of violations during goods transportation by rail. The analysis of the theoretical provisions of civil procedural law, transport law, as well as relevant legislation and the practice of its application, made it possible to find the ways to improve the legislation in order to ensure competitiveness of legal proceedings and procedural equality of the parties during considering civil cases in disputes arising in the field of transport.

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Denis V. Iroshnikov. Security as an element of the legal relations arising on the basis of transport obligations in civil law

UDK: 340.13

Denis V. Iroshnikov - Candidate of Law, docent, associate professor of the department 'Theory of law, history of law and international law' of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered security theoretically and legally as an element of the legal relations arising on the basis of transport obligations in the Russian civil law. A popular short-term car rental (car sharing) the legal nature of which is still not defined in current Russian legislation is of particular relevance to this current study. The author discusses security as a mandatory element of the transport obligations, which today do not contain a legislative requirement to include provisions on safety and quality of transportation in them. Analyzing the combined application of protective norms of administrative and criminal legislation and civil law norms, the author notes the necessity for systematic and integrated regulation in security issues. In his opinion, the obligations of the carrier (landlord) to the consumer are primary in these legal relations compared with the security standards, and they, first of all, should include provisions on the trip safety. Based on the current study, the author proposes fundamental changes to the current civil legislation aimed at additional guarantees of the safety of transport legal relations.

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Yuriy Yu. Orlov. Identification of corruption-sensitive areas in purchase conducted by OJSC «Russian Railways»

UDK: 347:656.2.06

Yuriy Yu. Orlov - post-graduate, Law Institute of the Russian University of Transport

Abstract. The current paper analyzes the purchase of goods, works and services to meet the needs of state and municipal bodies and enterprises of the Russian Federation, as well as to timely and fully meet the needs of state corporations and companies, entities of natural monopolies, autonomous organizations and business entities in the authorized capital of which the share of the Russian Federation exceeds 50%, which have been carried out in violation of the current legislation despite its necessity to develop the business environment and the competitive commodity market, works and services in the Russian Federation. The purchase procedures in the Russian Federation, as in any other country, are a field for committing crimes both against the interests of state, service and local authorities, and for encroaching upon economic relations and economic activity. The paper discusses corruption-sensitive areas in purchases conducted by the state-owned corporation “Russian Railways” and studies the legislation in purchase procedures. There have been considered the points of view of foreign scientists on the issue of combating corruption in the transport sector and purchases. There have been analyzed the data on the purchases conducted by OJSC “Russian Railways”, and there have been made the conclusions according to the results of the audits in the mentioned company and subsidiaries.

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Viktor V. Koryakin, Elena V. Sandyreva. The outsourcing agreement and the possibility of its application in legal relations to enforce transport security

UDK: 347.4

Viktor V. Koryakin - Doctor of Law, professor, head of the department of civil law, international private law and civil procedure, Law Institute of the Russian University of Transport

Elena V. Sandyreva - post-graduate, Law Institute of the Russian University of Transport

Abstract. The current paper deals with the legal nature of the outsourcing agreement, its features and specificity in the system of civil law contracts. It has been shown that this agreement is one of the unnamed agreements in the Civil Code of the Russian Federation and is an agreement under which the organization transfers some non-essential functions to other organizations that have the appropriate human resources and experience for their execution. There has been given an estimation to the possibility to apply this contractual design to the field of transport security enforcement. A transport organization has an opportunity and a right to fulfill the function of transport security enforcement by concluding a civil law contract (the outsourcing agreement) with legal entities accredited in the established manner (transport security units) that protect transport infrastructure and vehicles from unlawful interference.

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Sergey Iv. Leonov. On the use of option contracts in the activities of transport security subunits

UDK: 347.44

Sergey Iv. Leonov - deputy head of the transport security department of the Federal Agency of Railway Transportation (Roszheldor), s.leonov@roszeldor.ru

Abstract. Currently the issues of transport security have been firmly listed among the most relevant and widely discussed topics in the professional transport community. The systematic work of the authorities over the past 10 years to develop legislation in the field of transport security on the one hand, and the economic activity of transport infrastructure owners to protect such facilities from unlawful interference according to the Federal Law of February 9 2007 No. 16-ФЗ "On Transport Security" on the other hand, created a large-scale and specific market for goods, jobs and services in this area. The paper is devoted to the study of the opportunity to use an option contract in the economic activities of transport security subunits and certifying organizations to plan business activities and to prepare favorable conditions for certification of transport security units.

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Aleksandr V. Vlasov, Tatiyana V. Borisova. Features of legal regulation of dangerous goods transportation by sea

UDK: 347.463

Aleksandr V. Vlasov - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Tatiyana V. Borisova - senior lecturer of the Law College, Law Institute of the Russian University of Transport

Abstract. Dangerous goods are an integral part of the modern trade of any state. This is an objective need for the development of production relations due to their various kinds of requirements. The modern economy would not be able to fully function without the necessary quantity of goods and vehicles. Today no state is able to exist without the consumption of natural resources, and a considerable part of industrial waste, unfortunately, is made up of toxic substances polluting the environment and carrying a certain degree of potential danger. More than a half of goods transported by all modes of world transport are hazardous, namely explosive, corrosive, flammable, toxic, and even radioactive in nature, or they may be of other hazard. To ensure safe transportation of goods by sea is a task of relevant importance for ship-owners, stevedores, cargo owners. The paper deals with the features of legal regulation of dangerous goods transportation by sea. There has been carried out the analysis of the existing rules and regulations, and a general analysis of the legislation. Sea transportation is one of the most common types of transportation, as the most part of world goods are transported by sea.

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Roman V. Ivanov, Velessa Al. Trubitsyna. Some preventive measures of corruption in the procurement activities of JSC “Russian Railways”

UDK: 342.951:328.185

Roman V. Ivanov - applicant of Candidate of Law, The Military Uiversity

Velessa Al. Trubitsyna - post-graduate, Law Institute of the Russian University of Transport

Abstract. It is common knowledge that one of the most intensive fields of corruptive activity of the state and its institutions, as well as organizations, regardless of ownership, is the procurement of goods and services for both governmental and municipal needs, and to meet the needs of organizations. Therefore, the improvement of procurement procedures in order to combat corruption is invariably situated among the priority areas of anti-corruption policy in all programs, including the National Anti-Corruption Strategy, approved by the Presidential Decree No. 460 of April 13, 2010, and the National Anti-Corruption Action Plan on 2018-2020, approved by the Decree of the President of the Russian Federation of June 29, 2018 No. 378. In JSC “Russian Railways”, this major area of activity is regulated by the Regulation on the purchase of goods and services for the needs of JSC “Russian Railways”, which was adopted on July 1, 2018, approved by the Board of Directors of JSC “Russian Railways” on June 28, 2018.

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Aleksey D. Ermak. Legal nature of the contract on transportation of vehicles and freights by railway

UDK: 347.463

Aleksey D. Ermak - legal counsel of the Legal Department of the Moscow Patriarchate of the Russian Orthodox Church

Abstract. The article considers various points of view on the legal nature of the contract on transportation of vehicles and freights by railway. The author indicates that this agreement is bilateral, consensual, gratuitous, organizational, public and urgent.

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Bocharnikova K. Disputes in wagon repair economy as a special category of judicial and arbitration disputes

UDK: 347.918:656.2

Bocharnikova K. - postgraduate student of the department of civil law Of the national research Tomsk state University, practicing lawyer

Abstract. The history of the Railways and the corresponding transport has more than one century. In Russia, the idea of creating and operating Railways begins to emerge at the end of the XVIII century, when the development of any scientific and technical thought was in direct connection with the capitalist sentiments of society. With the development of capitalism, strengthening its foundations, which was the production of goods, the provision of various kinds of services, Commerce and other legitimate economic activities, in order to serve the industrial needs of large enterprises for the production of goods in 1825 in Russia there is a railway transport. Ten years later, pursuant to the Decree of Nicholas I of April 15, 1836 in Russia begins the construction of the first Tsarskoye Selo railway.

Today it is difficult to overestimate the special strategic importance of the railway complex for the developing economy of the Russian Federation, the share of transport and communications in which, according to Rosstat, is 8.7%. The railway is an important link of the unified economic system, provides stable activity of industrial enterprises, timely delivery of vital goods to the remote territories of the country. However, this effect could not be achieved if the structure of the railway complex of Russia did not have special education — wagon repair companies (VRK), whose activities are directly related to the maintenance of the proper condition of rail transport (freight and passenger).

In this regard, the activities of these companies, in particular the practice of their participation in litigation, is of particular interest to the author of this article. Therefore, one of the objectives of our study is to consider the features of the activities of wagon repair companies, as well as relations with their participation, which determine the specifics of judicial and arbitration disputes about the poor quality of repairs of freight cars carried out by wagon companies.

The article considers the features of arbitral disputes with Stock Carriage Repair Kompanies related with their special legal status and structure. The author analyzes the sources of legal regulation relations of maintenance of railway carriage and the order of reclamation-claim work in this field. A lot of attention is paid to review a role of documents and warranty. The article also provides an analysis and synthesis of new judicial practice on disputes about compensation of the costs arising because of defective repair of railway carriage.

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