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.

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.

UDK: 629.053

Andrey Ol. Ananenko - post-graduate of the Law Institute of the Russian University of Transport

Abstract. The current paper considers the domestic and foreign experience of legal regulation in the field of the use of unmanned transport means (UTM) from a theoretical and legal point of view. This is due to the large-scale introduction of UTM in the main areas of the transport industry, namely space, air, railway, water, land/road, etc. The Russian Federation lags behind other states in the development of legislation governing the use of UTM. The paper discusses ways to improve domestic legislation in this area.

UDK: 342.7

Mariya An. Matveeva - Candidate of Law, associate professor of the department of Transport Law of the Law Institute of the Russian University of Transport

Abstract. The Constitution of the Russian Federation, among other guarantees of an individual and a citizen, establishes a right to inviolability of the person, his personal and family secrets (P. 1 of Article 23), and also contains a ban on the collection, storage, use and dissemination of the data about his private life without his consent (P. 1 of Article 24). In addition, the Constitution of the Russian Federation establishes that the recognition, observance and protection of the rights and freedoms of the person and the citizen is the duty of the state (Article 2), which can be implemented in ensuring their preventive protection by defining the legal grounds for the collection, storage, use and dissemination of the data about the private life of a person constituting his personal or family secrets, as well as in establishing measures of legal liability (clauses “c”, “o” in Article 71, paragraph “b” part 1 of Article 72,), including criminal legal sanctions for illegal actions that cause damage to individual rights specially protected by the Constitution of the Russian Federation. Analyzing the abovementioned norms of the Constitution of the Russian Federation, it can be stated that the inviolability of the data the private life of a person is a basic principle that should guide any person’s activities in civil document circulation. At the same time, the present technologies, the widespread use of the Internet and marketing such as targeting and personalized offers, make us consider these issues not from the point of view of legal formalism, but from the point of view of expediency and keeping a balance between the need to comply with the abovementioned constitutional guarantees and real benefits for the consumer. In the current paper, based on the analysis of existing commercial practices in the use of the data on the example of transport industry, the author has concluded that the balance between private interest in respect of inviolability guaranteed by the Constitution of the Russian Federation and commercial interest in the processing of personal data to improve quality service is quite achievable if the service enterprises comply with the constitutional principles and mechanisms established by the legislative and supervised bodies for their fulfillment.

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.

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.

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.

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.

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.

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.