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.

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.

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.

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.

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.

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.

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.