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.

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.