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”

Zoya An. Tarasenko. Pledge accounts (registration of pledge notices) of a vehicle as one of the significant notarial actions

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.

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Konstantin N. Kolodyazhny. The legal nature of a railway freight contract

UDK: 347.763


Konstantin N. Kolodyazhny - post graduate of the Law Institute of the Russian University of Transport


Abstract. The railway freight contract has many legal features that must be taken into account when signing such a contract. In order to correctly interpret these features, it is necessary to be familiar with the theoretical provisions of the legal nature of contracts of this category, which served as the rationale for the necessity to write this paper, the purpose of which is to consider the basics of the regulatory documents used in the preparation, signing and subsequent implementation of the railway freight contract. Railway cargo transportation has always been and remains the most demanded service, as it expands the range of transactions. The study of the legal regulation of railway transportation of goods, according to the author of the paper, is important, since they are used to improve and optimize the transportation itself, as well as to ensure the integral, efficient, safe and high-quality functioning of railway transport. The Civil Code of the Russian Federation is fundamental in matters of acceptance, transportation of goods by using railway rolling stock, as well as the final transfer of goods to the receiver of the goods in a fixed period. The activities of railway transport are carried out under constant monitoring, implemented in accordance with the provisions of the Charter of Railway Transport of the Russian Federation. This was the basis for the selection of these regulatory legal documents when determining the legal nature of the railway freight contract. The results of the current study can serve as a basis for further research on this issue.

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Svetlana V. Borisova. Legal regulation of contracting relations on railway transport using intellectual property

UDK: 347.763:656.2


Svetlana V. Borisova - Candidate of Law, docent, 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 examined the specifics of the legal regulation of contracting relations on railway transport, which is characterized by a special subject composition, a variety of objects of the transport complex, types of contract work, various levels of legal regulation, the presence of contractual contract structures not listed in the Civil Code of the Russian Federation, etc. There has been noted that JSC “Russian Railways”, as the main subject of local rule-making, when organizing economic ties with the participation of a group of persons (holding), in fact, self-regulates economic activities on railway transport. The author has also provided a systematics of contracts for the work on railway transport with elements of intellectual property, investigates the legal nature of design documentation containing information about intellectual property.

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Ildar R. Begishev. Liability for the damage caused by unmanned vehicles: complex legal aspects

UDK: 347.51:656.025.226


Ildar R. Begishev - Candidate of Law, senior researcher at the Kazan Innovation University named after V.G. Timiryasov, honored lawyer of the Republic of Tatarstan


Abstract. The paper examines the prospects for the regulation of tort legal relations arising in connection with the infliction of harm by an unmanned vehicle. There has been estimated the state of the conceptual apparatus and existing definitions describing these vehicles. There has been formulated a conclusion about the prerequisites for resolving the issue of civil and criminal liability for such damage.

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Maksim Ar. Maslennikov, Aleksandr Ig. Zemlin. Peculiarities of providing information when signing a commercial concession contract on the provision of transport services

UDK: 347.4:347.463


Maksim Ar. Maslennikov - assistant to the lawyer of the non-profit partnership "Consulting Center "Generation 8?", VINSER Group of Companies

Aleksandr Ig. Zemlin - Doctor of law, professor, head of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation


Abstract. The current paper has presented the study of the most problematic aspects arising in the context of providing information when signing a commercial concession contract on the provision of transport services. Within the framework of this study, it was possible to formulate a number of conclusions that are essential both for a theoretical understanding of the issue and for the practice of law enforcement. In particular, on the basis of a formal dogmatic analysis of the current legislation, it was possible to come to the conclusion that information on logistics delivery schemes and the procedure for organizing transportation according to the Art. 1465 of the Civil Code of the Russian Federation is an object of exclusive rights in the form of know-how, since the carrier organization always strives to ensure its confidentiality in the context of restricting a third party’s access. Based on this conclusion, in the future, there was analyzed the positive contradiction regarding the need for the obligatory provision of know-how as part of the fulfillment of the rightholder’s obligation to provide the user with the necessary information. The result of the conducted system-legal analysis was a well-grounded original conclusion, according to which know-how is, first of all, an object of exclusive rights and cannot be understood as information that the carrier organization, which is its rightholder, is obliged to provide information to the user in accordance with Art. 1031 of the Civil Code of the Russian Federation. However, the identifiers with the help of which access to the information constituting the know-how is realized, will be subject to obligatory transfer. Along with the above, the paper has made a conclusion that there is no need to determine the conditions for using the information provided by the carrier organization in the field of logistics and the procedure for organizing activities in the commercial concession contract, since the know-how has a special confidentiality regime. The conclusions in the current paper, according to the authors, can serve as a basis for improving the law enforcement system for economic activities in transport using a commercial concession contract.

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Aleksandr Ig. Zemlin, Anton Al. Torshin. Characterization of unmanned cars in the context of tort obligations

UDK: 347.4:623.746.4


Aleksandr Ig. Zemlin - Doctor of law, professor, head of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation

Anton Al. Torshin - post graduate of the department ‘Civil law, International private law and Civil procedure’ of the Law Institute of the Russian University of Transport


Abstract. The authors of the current paper have analyzed the features of unmanned vehicles as a means of damage in the context of tort obligations. The rapid improvement in unmanned technology has posed a number of legal challenges for Russian tort law. Meanwhile, in the domestic doctrine, this topic has not been given much attention. The lack of developed theoretical approaches to taking into account the features of unmanned vehicles does not contribute to the legal certainty, which is necessary for the full development of the industry in Russia. In the paper, there has been introduced criteria for distinguishing unmanned vehicles from cars with a lower level of automation, and have also established the differences between unmanned vehicles that are important in the context of civil tort liability. As a criterion for distinguishing unmanned cars into an independent category, the paper has identified the qualitative characteristics of the automatic driving system which such a car is equipped with. In order for a car to be classified as unmanned, its automatic driving system must be capable of independently performing all driving tasks (under certain or any conditions of normal use). At the same time, the authors have concluded that an unmanned vehicle is a special means of tort liability. The key differences between an unmanned vehicle and a “low-automated” car for these purposes are the ability to make decisions instead of a driver in a difficult road situation and the lack of complete clarity and predictability of such decisions from the point of view of the developer of the automated driving system.

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Yuriy Al. Tarasenko. Overbooking in transport: the problem of determining the “excess” passenger

UDK: 347.463:656


Yuriy Al. Tarasenko - 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. Domestic airlines, competing with foreign air carriers, are actively using mechanisms that have proven themselves in world practice and allow minimizing possible losses. Such mechanisms include overbooking (booking an excess seat). The problem of using overbooking is that, while solving the economic difficulties of the carrier, this mechanism has not yet received legal confirmation. This situation gives rise to a number of legal difficulties. Firstly, it is the sale of tickets exceeding the number of seats in a transport mean. The air carrier initially violates the terms of the contract. Secondly, there is no mechanism for correctly determining with which of the passengers the contract should be terminated. The existing practice of resolving this issue illustrates unfair approaches that generate conflicts. The use of artificial intelligence in organizing seat reservations for a flight could significantly reduce legal uncertainty and contribute to a fairer establishing a balance between the interests of the carrier and the passenger. When adjusting the current legislation, it is necessary to change the existing order of the booking procedure, which allows the sale of tickets for a flight without giving a definite seat.

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Elina V. Gubernatorova, Nataliya Ev. Kovalenko, Vladimir Al. Val’kov, Evgeniy Ig. Timofeev. Cross-border insurance of vehicle owners’ liability

UDK: 341.96


Elina V. Gubernatorova - Candidate of Philological Sciences, associate professor of the foreign languages department of economic and legal studies of the Altay State University

Nataliya Ev. Kovalenko - Master’s Degree student of the Law Institute of the Altay State University

Vladimir Al. Val'kov - Master’s Degree student of the Lomonosov Moscow State University

Evgeniy Ig. Timofeev - lecturer of the College of the Altay State University


Abstract. The current paper has considered the present problems of legal regulation of the of cross-border insurance of vehicle owners’ liability. The most economically developed countries envisage compulsory liability insurance of vehicle owners’ liability. In law enforcement practice there have been arisen some questions related to the compensation for damage caused to the victim by a foreign vehicle owner. There have been analyzed the features of the legal mechanism of liability insurance in foreign countries. There have been found and substantiated a necessity to apply universal instruments of liability insurance of vehicle owners from the Russian Federation and neighboring states. In connection with gaps in legal regulation, it has been considered expedient to develop an institute of universal civil insurance of commercial vehicle owners’ liability used to cross the CIS border and within the countries of the Commonwealth of Independent States. It can give the possibility to the commercial organizations from any of the host countries (CIS) conclude a universal insurance contract for vehicles used to move across the borders of the Commonwealth countries in any of these states. To implement these provisions, it is necessary to create a single normative act regulating the issues of interaction in this area, namely a joint agreement of the CIS countries. On the basis of the conducted study, the authors have proposed to use a mechanism similar to the “Green Card System” with improved amendments. Within the framework of the proposed agreement, there should also be resolved the issues of information exchange via electronic interaction. There has been assumed that through information interaction in this area, there should be taken into account the transparency of maintaining databases and free access to their constituent information. This will allow controlling efficiently a compliance with legislation in this area.

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Mariya An. Bazhina, Elena P. Shchekochikhina. Legal regulation of direct multimodal freights in the Russian Federation

UDK: 347.463


Mariya An. Bazhina - Candidate of Law, associate professor of the department ‘Business Law’ of the Ural State Law University

Elena P. Shchekochikhina - Candidate of Law, associate professor of the department ‘Business Law’ of the Ural State Law University


Abstract. The authors of the current paper have studied the problematic issues of legal regulation of direct multimodal freights in the Russian Federation. First of all, the authors have analyzed the conceptual apparatus used at the national and international levels, tried to establish the relationship between these concepts. Within the framework of this issue, there has been concluded that it is necessary to amend the current Russian legislation in order to overcome the contradictions in the national legal regulation to unify it with international legislation. In addition, the current paper has presented the thorough analysis of the content of draft laws made over the past years in relation to the legal regulation of multimodal freights in Russia. On the basis of a systematic analysis, there have been identified the main features of such transportation as 1) participation in transportation by two or more modes of transport; 2) transportation under a single document drawn up for the entire route; 3) presence of a multimodal transport operator; 4) presence of the cargo transfer using transshipment or with the movement as a "single transport unit". Each of these features has been considered in detail. Particular attention has been paid to the issue of using a single transport document in the framework of multimodal freight. As a conclusion, there has been proposed to clearly regulate the content of a single transport document at the legal level, to establish its relationship with the bill of lading (BL), and also assign it the role of a security, which will facilitate the transportation process. The presence of a multimodal transport operator has also been considered in detail. His status is not defined in national legislation. In addition, the introduction of the person will require establishing a legal relationship with other participants in the transport process.

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Svetlana V. Borisova, Aleksandra Ig. Lavrentieva. Copyright protection on railway transport

UDK: 347.463


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

Aleksandra Ig. Lavrentieva - student of the Law Institute of the Russian University of Transport


Abstract. The current paper has presented the study of the legal mechanism for the emergence and use of copyright in a state-owned holding company on railway transport. There has been noted that the use of copyright is carried out taking into account the specifics of their legal nature as objects of civil rights and is regulated at the federal and local levels. The state-owned holding company in the railway sector has successfully operated its own organizational and legal model of their use. For these purposes, a special department has been created at JSC "Russian Railways" that carries out internal accounting of copyright objects by introducing these objects into a special register of copyright objects of JSC "Russian Railways". The authors have also indicated that copyright objects can be created both by employees of JSC "Russian Railways" and by third parties under a copyright agreement, a contract on the creation of a work, including a scientific work, a film, etc. In the case of the creation of works by third parties, the exclusive right belongs to JSC "Russian Railways" as a customer. If the works referred to as official works are created by the employees of JSC "Russian Railways" and other holding members in a course of their labor duties or a specific task of the employer, the employer has got the exclusive right to them, as indicated in the local acts of JSC "Russian Railways". Therefore, there has been recommended to human resources’ employees, when signing employment contracts with employees of JSC "Russian Railways", to include the condition of an employee’s agreement to recognize the exclusive right of the employer on all official copyright objects. According to the authors, the refusal of JSC "Russian Railways" to sign an employment contract with an employee because of his disagreement to include the said point into the agreement should be considered illegal. There has also been noted in the work that computer programs as objects of copyright can be part of a complex object of an innovative project, intellectual rights to which can be held jointly by the holding participants and third parties.

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