Статьи рубрики | Foreign experience of transport legal regulation

Scientific specialty:

12.00.10 “International law; European law”

Olga N. Ordina. The transport regulation by public administration bodies in foreign countries: present experience for Russia

UDK: 342.92

Olga N. Ordina - Candidate of Law, associate professor of the department 'Economic Theory and Management' of the Russian University of Transport, associate professor of the department ‘Theory and History of State and Law’ of the Moscow S.U. Witte University

Abstract. The current paper has considered the issues of public administration of the transport in foreign countries, which is carried out by public administration bodies. The paper has analyzed the system of public administration bodies in the USA, Great Britain, Germany and France, which regulate transport activities. The analysis of foreign experience of public administration of transport is relevant for Russia due to the formation of an extensive system of public administration bodies in this country. The public administration has been considered by the author not only as an organization, but also as the activities of bodies and institutions which were established to implement laws and were endowed with administrative and public powers. Public administration in the countries is a complex mechanism consisting of a centralized public administration, a functional decentralized administration, and local government bodies. The main principles of organization and activity of public administration in foreign countries are as follows: centralization (when the system of administrative bodies has been built on a hierarchical principle) and decentralization (when part of the functions of public administration has been transferred to the local administration); concentration (when power has been concentrated in one body, and other management structures could not make decisions against its will) and deconcentration (when power has been dispersed among bodies in such a way that the executive body transfered part of the power, while retaining full responsibility); unity and indivisibility of public administration; legality; efficiency. The author of the paper has concluded that the experience of Western countries in public administration of transport activities is relevant for nowaday Russia.

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Olga V. Kobzeva, Olga N. Skuybedina. Sociolinguistic and cultural-semiotic features of the development of the French law system

UDK: 811

Olga V. Kobzeva - Candidate of Philological Sciences, associate professor of the the department ‘Methodology of law and legal communication’of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, associate professor of the the department ‘Methodology of law and legal communication’of the Law Institute of the Russian University of Transport

Abstract. There has been conducted the thorough analysis of the French law system from the points of continental law. The current paper has presented a comparative analysis of the main components of the legal community. There have been revealed the sociolinguistic and cultural-semiotic features of the history of French and Russian law, and determined the formation stages of the language of law in both cultures. There has been also shown an originality of the legal conceptual apparatus of the national French law. The authors of the current paper have considered the role and significance of this legal system through the prism of the “normative pole” of Romano-Germanic law.

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Yury V. Kosolapov, Anna Al. Sivova. Transportation of offenders by specific transport means in foreign countries

UDK: 348.3

Yury V. Kosolapov - Candidate of Chemical Sciences, associate professor of the department ‘Customs law and organization of the customs affairs’ of the Law Institute of the Russian University of Transport

Anna Al. Sivova - Candidate of Philological Sciences, head of the department for the study of domestic and foreign experience, history of the penitentiary system, comparative analysis of the penitentiary law of the Research Institute of the Federal Penitentiary Service of Russia

Abstract. The current paper has considered the problem of the transportation of convicted persons and persons taken into custody in foreign countries, based on the requirements of international regulations, national legislation in the field of escorting this category of people, as well as on penitentiary practice in the United States, Great Britain and Switzerland. There has been consistently proved that the modification and technical characteristics of any type of specific transport for escorting offenders must meet its purpose due to the principles of humanity with respect to those accompanied and traffic safety.

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Nikita Iv. Tyulenev. Legal basis for granting access to railway infrastructure in the Russian Federation and the Republic of Poland

UDK: 338

Nikita Iv. Tyulenev - leading legal counsel of the Kaliningrad railways, a branch of the JSCo “RZD”, Master's degree in Law

Abstract. In the conditions of a modern mobile and rapidly developing market, the industrial, processing, and trading enterprises need operational logistics support for their activities. Nowadays railway transport plays an important role in freight market formation, which ensures its stable participation in the transport system of any country. In the Russian Federation, railway transport operates on a partially competitive basis, i.e. partial privatization with a large share of state capital, both from the financing of the industry, and in performing administrative functions. In turn, the railway transport sector in the European Union is mostly represented by private carriers, logistics operators, and the state-owned company is the owner of the transport infrastructure. The developing strategies and programs for railway transport in Russia suggest the formation of a competitive freight market based on the principles of separating transportation services from railway infrastructure services. Taking into consideration the efficiency of the system in European countries, the current paper has analyzed the current legal regulation of the interaction of the carrier and the owner of the infrastructure in Russia and Poland, as a member country of the European Union, where there is a railway freight market with high rates of competition among its members.

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Ivan V. Kholikov., Aleksandr Ig. Zemlin. The main tendencies in criminal legal regulation of transport activities in the People’s Republic of China

UDK: 341.9:347.965

Ivan V. Kholikov - Doctor of Law, professor, professor of the department of state-juridical disciplines of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, deputy supervisor of the direction ‘Transport security’ of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

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, supervisor of the direction ‘Transport security’ of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences

Abstract. The current paper has examined the present state and main tendencies in the development of the criminal legislation of the PR China after the adoption of the Criminal Code in 1979, due to the political and economic changes. Taking into account the significant formal and dogmatic shortcomings identified in the process of law enforcement there has been a great necessity to make significant amendments through the adoption of numerous regulatory legal acts in the field of criminal law. This circumstance undoubtedly introduced a certain dissonance into the entire system of this legal branch. In order to form a unified and holistic view of the current Criminal Code, there has been conducted an analysis of the individual amendments which are the most important for the regulation of transport relations adopted in recent years. The current paper has also provided an overview of the current criminal law practice in China, has presented some crime statistics, discussed the tendencies specific to the criminal regulation of transport activities. At the same time, the authors have emphasized the attention paid by the Criminal law of China to the issues of enforcing the transport infrastructure security, both from the point of view of economic development, and ensuring geopolitical stability and security of the state. Indeed, for China, transport is the most important component of the country's economy, as well as the infrastructure component and the basis for the development of all other types of economy. In this regard, there has been emphasized that the specifics of China’s positive criminal law in the field of liability for crimes against transport security is that the legal provisions providing for the corresponding criminal sanction for offenses, in particular, in non-compliance with the established procedure for the functioning of the elements of the transport complex were formulated by simple dispositions and at the same time they had a minimum number of qualifying features. There has been noted that the specifics of the positive law of China in the field of criminal liability for violation of traffic rules, on the contrary, is the legalization of an impressive array of qualifying features. The abovementioned has allowed the authors to conclude about the necessity for constructive cooperation between legal scholars of the two states. The authors of the paper consider that the study of the problems of counteracting certain types of modern crime is an important area of scientific cooperation. No less significant is the interaction of the leading transport universities in Russia and China, which train lawyers in transport, as part of joint projects to study the experience of teaching legal disciplines, exchange students for various programs, including postgraduate programs, as well as networking.

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Anna K. Zharova. UK Legal System for processing of genetic information

UDK: 340(410)(075.8)

Anna K. Zharova - Candidate of Law, docent, senior researcher of the department of Information Law and International Information Security of the Institute of State and Law of the Russian Academy of Sciences

Abstract. The problem of ensuring the information security of genetic information is relevant, since every year the volume of research conducted in the field of genetics is constantly increasing in the world, and accordingly, the amount of data that can be used to identify a person is growing. In most developed countries, the legal system is aimed at ensuring the safety of the collection, research and further use of the obtained genetic information. The paper analyzes the UK legal system, which is very scrupulous in civil law regulation of relations in the field of genetic engineering, in contrast to the Russian Federation.

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Vitaliy An. Maltsev. Characteristics of the legal regulation of a vehicle insurance and a civil liability insurance of their owners in Brazil

UDK: 368.1

Vitaliy An. Maltsev - Candidate of Law, docent, head of the department of administrative, financial and international law of the Academy of Labour and Social Relations

Abstract. The current paper has studied the characteristics of legal regulation of a vehicle insurance and a liability insurance of their owners in Brazil. There has been shown a process of insurance legislation formation in this area. There have been analyzed the provisions of legislative and other regulatory legal acts governing the objects, conditions and rules of transport insurance. There have been established the specific features of insurance legislation, which are clearly manifested in the field of transport insurance. There have been considered the issues of state regulation and control in the field of a vehicle insurance, as well as changes recently occurred in this area. There have been determined the features of the Brazilian insurance market, where transport insurance occupies one of the main places. There has been given a characteristic of the national private insurance system, which has become one of the priority areas in the insurance sector. There have been disclosed functions and powers of special bodies of supervision and regulation of the insurance market. It has been concluded that the system of legal regulation and control in the insurance industry in Brazil includes a combination of public and private management. Due to the fact that a vehicle insurance and a civil liability insurance of their owners is not a special type, but referred to as general insurance, the current paper has highlighted their features and specifics of their legal relations. There have been studied basic legal aspects of compulsory civil liability insurance of vehicle owners. In this case, there have been indicated the features in the procedure for the singing of an insurance agreement, its conditions, as well as the current rules of this type of insurance. There have been noted the significant differences in distribution of insurance premiums and compensation for damage occurred in the framework of insured events. There has been considered the procedure for insurance premiums and the documents required for getting insurance money paid. There have been indicated the features of liability measures applied both for insurance companies, and for their leaders for violations of insurance rules. There has been made a comparison of the provisions of Brazilian insurance legislation with the norms of Russian legislation governing transport insurance.

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Marat Al. Sarsembaev. The phenomenon of Kazakhstan international transport corridors: their functioning on the basis of international treaties

UDK: 339.92:327

Marat Al. Sarsembaev - Doctor of Law, professor of the department of international law of L. N. Gumilyov Eurasian National University (Nur-Sultan, Kazakhstan)

Abstract. The current paper is devoted to the analysis of the status and activities of the international transport corridors of the Eurasian continent, to which the Republic of Kazakhstan is directly related. There have been critically considered multilateral international treaties and conventions that govern the general aspects of international corridors and the international transport contract separately. An analytical study has been given on the example of the contracts on international transport corridors “North-South” and “TRACECA”. There have been presented statistical data that characterize the results of activities related to international transport corridors. The current paper has formulated the definition of the concept of an international transport corridor, the purpose of which is to provide high-quality customer service, to deliver its cargo on time and in good preservation. Great importance has been given to digitalization, automation, and robotization of the frights along international transport corridors. It has been noted that in the transport laws of the Republic of Kazakhstan there are no standards related to the management and functioning of international transport corridors. As a result of a critical review of international treaties, contracts and agreements, as well as Kazakhstani legislative acts related to road traffic and means of communication, the author has formulated suggestions and recommendations for improving both international and domestic legal acts. The legal problems of transport corridors in the current paper have been analyzed by the methods of content analysis, critical analysis, and the study of the mutual relations of internal and external issues. There have been given the following proposals to improve international treaties and laws of the Republic of Kazakhstan with their justifications in general: the formulation of the rights and obligations of the Coordination Council at the North-South international transport corridor; substantiation of civil liability of the operator for multimodal transportation; additional means to solve disputes between participating countries; the necessity to adopt a new Kazakhstan law on logistics facilities along transport corridors.

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Aleksandr V. Kulikov, Nikita Iv. Tyulenev. Features of legal regulation of railway transport in Russia and in the European Union and the necessity to harmonize them

UDK: 347.463

Aleksandr V. Kulikov - Doctor of Law, professor, head of the department of the Law Institute of Immanuel Kant Baltic Federal University, honored lawyer of the Russian Federation

Nikita Iv. Tyulenev - applicant of Candidate of Law, Immanuel Kant Baltic Federal University, leading legal adviser of the Kaliningrad Railways (branch of the OAO “RZhD”)

Abstract. The transport law of any state and the union of states should be by nature an open, limitless harmonized system and be compatible with international norms of transport law. According to the International Union of Railways, the prospects for rail freight transportation largely depend on the desire of different countries to combine their efforts and resources. The elimination of all inconsistencies and formal disagreements will create conditions for free international trade and will implement the ideas of free movement of goods and services throughout the Eurasian continent.

The current paper is an analysis of compliance with the norms of domestic legislation and that of the European Union, which determine the organization features of the railway transport system, the functioning of railway carriers, and the owners of the other enterprises infrastructure.

The paper has presented a comparative legal study of the legislative foundations of the railway companies’ activities, the principles of the transportation market regulation. Due to the objective necessity for integration, this area needs to improve legal regulation and harmonization.

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Vitaliy An. Maltsev. The peculiarities of the legal regulation of transport insurance in Japan

UDK: 349.3:368

Vitaliy An. Maltsev - Candidate of law, docent, head of the department of administrative, financial and international law, the Academy of Labour and Social Relations

Abstract. The article examines the system of legal regulation and peculiarities of insurance in the road and sea transport in Japan. There are considered formation and development of general and special insurance legislation and its principles. The article shows the main directions of legislation reforming and its influence on the insurance market. There are analyzed the main provisions of the insurance laws concerning the regulation of relations arising from transport insurance. The author carries out an analysis of the state regulation system and control over insurance activities in Japan. The author thoroughly considers the features of the compulsory insurance of civil liability of vehicle owners, i.e. when this insurance object is compensation for health/life or property damage. The author pays attention on peculiarities of the insurance contract terms, including the term of its validity, the procedure for calculating insurance tariffs, the size of the bonding premium, etc. There are indicated the current approaches to the procedure for signing insurance contracts in Japan, including Internet insurance. The article determines peculiarities of the insurance system in maritime transport. The characteristics of the current state of the transport insurance market, which unites both Japanese and large European and American companies have been given. Some aspects of insurance in Japan have been shown in comparison with Russian insurance legislation.

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