UDK: 629.4.027.118

Denis L. Semenkin - Deputy Chairman of the Association of Railway Rolling Stock Operators (ARRSO), Saint-Petersburg, Russia

Aleksandr V. Isaev - Candidate of Technical Sciences, associate professor, Higher School of Jurisprudence and Forensic Science, Peter the Great St. Petersburg Polytechnical University, Saint-Petersburg, Russia

Kristina An. Semenova - Senior Lecturer, Higher School of Jurisprudence and Forensic Science, Peter the Great St. Petersburg Polytechnical University, Saint-Petersburg, Russia

Abstract. The current paper has presented the analysis of the legal mechanism for compensation for damage caused by the carrier for damaged rolling surface of wheel pairs. The issue is of great relevance due to the widespread use of this category of cases in judicial practice, as well as taking into account the fact that a wheel set is one of the most expensive assembly units. There have been studied the features of estimating and proving damage caused by the carrier depending on the type of defect in the wheel pair and analyzed the most effective methods of documentary and visual recording of damage. The study results can be used by the participants of the transportation to successfully resolve disputes not only in court, but also out of court, which will ultimately contribute to increasing the efficiency of the unified railway system of the Russian Federation.

UDK: 656.2:658.012.12

Svetlana V. Borisova - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Anastasiya S. Semicheva - Candidate of Law, Associate Professor, Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia

Tatiyana M. Khimich - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Privatization of the property of Russian transport, separation of functions of state regulation and management of economic activity predetermined a new direction of private law regulation of economic activity in transport. The current paper has established that the non-legal entrepreneurial and other associations established in each mode of transport, which differ in the method of internal organization and the status of the economic entities managing them, behind which stands the figure of the state, realizing public functions in the organization of their economic activity by means of private law instruments, turned to be the most popular ones. The participation of public-law entities in them did not reduce, but increased the problematic nature of their legal regulation, bringing with it a new approach both to understanding public and private interests in the system of their functioning, and to actualizing the problem of the correlation between private and public law in the mechanism of legal regulation. According to the authors, modern science lacks proper theoretical understanding of the goals and methods of state participation in these relations in the context of the latest correlation between public and private interests in transport. According to the analysis of a holding company in railway transport, there has been concluded that the normative model of their functioning in the absence of a general law is formed in the local law-making of companies with state participation, becoming the "locomotive» of the process of developing civilistic instruments in the field of regulating relations with the participation of associations of people under state control in Russia. There have been given recommendations to improve corporate management in a holding company in railway transport.

UDK: 656.13

Evgeny V. Sem’yanov - Candidate of Law, associate professor, Moscow City Arbitration and Tax Bar Association “People of Business”

Abstract. The author of the current paper has considered the issues of organizing a “taxi” community, uniting owners of organizations and taxi drivers, as well as current concerns of social and legal responsibility of the taxi business.

UDK: 656.862

Anna S. Kulagina - Russian University of Transport (MIIT)

Abstract. The current paper has presented an analysis of judicial practice and current issues related to determining the subject responsible for proving the guilt of the carrier in situations where there is a problem of unsafe cargo during railway transportation. There have been considered such key regulations as Art. 118 UZhT of the Russian Federation and Part 1 of Art. 796 of the Civil Code of the Russian Federation. There have been identified contradictions and discrepancies in the interpretation of these norms by the courts, and proposed recommendations for improving transport legislation in this area.

UDK: 347.44

Vareriya V. Andrianova - Candidate of Law, associate professor, Moscow State University of Humanities and Economics

Ekaterina Iv. Kobzeva - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT)

Ekaterina V. Ushakova - Candidate of Law, associate professor, Russian Customs Academy, Vice-President of the Moscow Bar Association “Victoriya”

Abstract. The current paper has substantiated the importance of providing an accessible environment for disabled people and people with limited mobility. The current paper has presented the results of an analysis of the compliance of the parameters of transport infrastructure objects with the recommended values according to the accessibility criterion. There has been considered the order, procedure, and conditions for ensuring accessibility of transport infrastructure facilities and services provided for disabled people, as well as providing them with the necessary assistance. There has been given a justification for how federal government bodies, government bodies of constituent entities of the Russian Federation and local governments, as well as organizations, regardless of their organizational and legal forms, provide disabled people including people who use wheelchairs and guide dogs, with such conditions as unobstructed access to transport infrastructure facilities and services provided, unlimited use of railway, road and city ground electric transport in urban, suburban, intercity traffic, the ability to independently move around the territory where transport infrastructure facilities are located, entering and exiting such facilities, boarding into and out of a vehicle, including using a wheelchair, accompanying disabled people with persistent visual impairments and independent movement disorders and providing them with assistance at transport infrastructure facilities. There has been given an analysis of the norms on administrative liability (Article 9.13 of the Administrative Code of the Russian Federation) for failure to comply with the requirements to ensure accessibility for disabled people in buildings, structures, and the adjacent territory.

UDK: 78

Dmitry Al. Filippov - Russian University of Transport (MIIT)

Abstract. The current paper deals with the legal aspects of the use of musical works broadcast at railway stations. There has been studied a legal status of a musical work as an object of copyright. There has been characterized the legal protection of the most famous musical compositions, sounding at different times at the railway stations of Moscow, St. Petersburg, Barnaul and Orenburg.

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.