Статьи рубрики | Foreign experience of legal regulation of transport activity

Maltsev V. Legal framework of vehicle insurance and civil liability of their owners in China

UDK: 341.9:368


Maltsev V. - candidate of legal sciences, associate professor of department «Financial law and taxation» of the Law Institute of the Russian University of transport


Abstract. The article deals with the legal basis of such types of insurance as insurance of vehicles and compulsory insurance of civil liability of vehicle owners in the people's Republic of China. Various factors influencing development of these types of insurance in the country are specified. The system of legal regulation of insurance of vehicles and compulsory insurance of civil liability of car owners is shown, which, first of all, includes the General Law «on insurance» and the rules of the special Provision «on compulsory insurance of liability in road accidents». The provisions of the General law applicable to contracts of insurance of vehicles and civil liability of their owners are studied in detail. At the same time, the norms that do not apply to these types of contracts are also specified. The legal analysis of the rules concerning compulsory liability insurance of vehicle owners is carried out. In particular, the basic rates of the insurance tariff for compulsory liability insurance in respect of different types of vehicles used for both personal and business purposes, as well as the grounds and conditions for lowering and raising the coefficient of the specified tariff are highlighted. Cases of application of the maximum sizes of compensation payments on compulsory insurance of civil liability of owners of vehicles are listed. The specificity of cargo insurance during transportation by different modes of transport is considered. The rights and obligations of the insurer and the policyholder in the performance of the contract of voluntary insurance of vehicles are highlighted. This indicates that the control state of the vehicle insured by the insurer, changes of insurance coverage and insurance premiums, the reimbursement of costs associated with the establishment of the nature and causes of insurance claims. The features of the legal liability of the parties to the contract when they commit violations of the insurance legislation of China are analyzed. Separate powers of the state body on control over insurance activity, and also the bases for attraction to criminal or administrative responsibility of both insurance companies (insurance brokers and insurance agents), and insurers are elucidated.

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Maltsev V. Features of the legal regulation of vehicle insurance and civil liability of their owners in Australia

UDK: 341.9:368


Maltsev V. - candidate of legal sciences, associate professor of department «Financial law and taxation» of the Law Institute of the Russian University of transport


Abstract. The article deals with the system and specifics of legal regulation of insurance in Australia vehicles and insurance of civil liability of their owners. Indicates that the insurance for transportation related Australian legislation to the sphere of General insurance, which includes insurance Law, the Law on insurance contracts, and other laws governing specific aspects of insurance. However, largely the insurance of vehicles included in the special insurance legislation, which is within the competence of the state legislatures. Analyses the specific features established by the legislation of the States concerning the implementation of insurance of the vehicle, its registration, the order of concluding the insurance contract and issuance of the insurance policy. This article describes the basic types of auto insurance, is a characteristic of both voluntary and compulsory insurance of civil liability of owners of vehicles. Specified features of the conditions of insurance contracts the main types of insurance vehicles. discusses the advantages of certain types of insurance vehicles Marked by a specific insurance conditions, taking into account the rating drivers, including accident-free driving, the make of the car, its technical condition as well as the experience of the driver, his age and even gender. Shows the main parameters for the calculation of insurance amounts, insurance rates and insurance premiums in respect of certain types of vehicles. The analysis of the current system of benefits provided at the conclusion of the contract of compulsory insurance of civil liability of owners of vehicles in the Australian insurance companies. This marked distinction in the establishing and application of benefits on insurance rates and insurance premiums that apply in Australia and in the Russian Federation. Lit duties of a driver of the vehicle when making a traffic accident and the conditions of the damage caused. Specify the criteria for insurance claims related to natural disasters. The issues features activities of Australian insurance companies in the field of transport insurance. It is noted that certain aspects of vehicle insurance and civil liability of their owners in Australia, in particular relating to the procedure for simultaneous registration of vehicle and issuing an insurance policy, the introduction of the health insurance benefits at the conclusion of the insurance contract of the vehicle and the civil liability of the owner as well as the establishment of the rating of the driver in order not only to determine insurance rates and the amounts of insurance contributions, but also to improve driving safety, can be applied in the legislation of the Russian Federation.

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Zapolskii D. The case against the Recommendations of the MI 3115-2008 in control of hanging the carriage on international routes

UDK: 656.2.073


Zapolskii D. - legal adviser of the 1st category Department of legal expertise East Siberian railway legal service — branch of open joint-stock society «Russian railway roads», master of law


Abstract. Responsibility of the consignor for the international carriage of goods has changed from 1 July 2015. One again apply responsibilities — penalty for misrepresentation of the invoice, which resulted in the increase of the tariff, but I didn't Overdrive the car. In view of the fact that the main method of determining the mass is weighing on the wagon scales, the question arises under what circumstances do Not apply recommendations MI 3115-2008, determine the procedure for determining the mass of the load taking into account the error of measuring instruments.

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Rasulov A. International experience of financing transport infrastructure on the example of the people’s Republic of China

UDK 341.9


Rasulov A. - candidate of legal sciences, associate professor of the chair «Transport law and administrative law» of Law Institute of the Russian University of transport


Abstract. In China the entire system of Railways of China and its associated infrastructure are the property of the society and are in state ownership.

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Kobzeva O., Plotkin S., Rumyantseva V. Employment contracts in France and Belgium

UDK 331.2:349.22


Kobzeva O. - candidate of philological sciences, associate professor of the chair «Social sciences and public communication» of the Law Institute of the Russian University of transport

Plotkin S. - student of the Law Institute of the Russian University of transport

Rumyantseva V. - student of the Law Institute of the Russian University of transport


Abstract. Various types of employment contracts are considered in the article depending on the hiring term (the urgent or termless contract), full or part-time. Regardless of a type of employment, all French employment contracts surely have to contain the following information: employee's position, list of official duties, salary, place of work, period of validity of the contract.

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Nikolaeva I. Experience of participation of customs and border authorities of the United States of America and Canada in security in international trade and transport of goods

UDK 339.543


Nikolaeva I. - LLM, candidate of economic sciences, associate professor at the department of customs law and customs affairs of Law Institute of the Russian University of transport, practicing lawyer, certified tax adviser, member of the Russian chamber of tax advisers


Abstract. The article reviews activities of customs and border protection agencies of the US and Canada directed at safety and security of international trade and cross-border carriage of goods.

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