Статьи рубрики | Foreign experience of transport legal regulation

Scientific specialty:

12.00.10 “International law; European law”

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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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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