Статьи рубрики | History of transport law

Scientific specialty:

12.00.01 “Theory and history of law and state; History of doctrine of law and state”

Aleksey V. Vasiliev. Freight transportation contract (including the use of third-party carriages) under the pre-revolutionary legislation of Russia

UDK: 656(091)(470+571)

Aleksey V. Vasiliev - post graduate of the Law Institute of the Russian University of Transport

Abstract. The current paper deals with the consideration of the historical aspects of the formation and development of the institution freight transportation contract in domestic legislation. The author has analyzed the norms of the 1885 General Charter of Russian Railways, which determined the rights and obligations of the freight transportation contract. Separately, there have been analyzed the relations of the parties under this contract in the case when the carrier uses rolling stock (carriages) belonging to third parties. A retrospective analysis of the railway legislation allowed the author to formulate some proposals to improve modern civil legislation in the part dealing with contract on freight transported by rail.

Статья целиком →

Yury Iv. Petrov. Transportation as a factor of the emergence and development of taxation and transport legislation in pre-imperial Russia

UDK: 656(091)(470+571)

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department 'Customs Law and Organization of the Customs Affairs' of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the way of transportation in Ancient Russia due to objective historical conditions as a result of the settlement of tribal unions on the territory of the Russian Plain. The use of these transport lines for trade led to its expansion and development, and the formation of some duty ceremonies, which then over the years turned into liability to pay duty. The current paper has shown the way the taxation received significant development in the Moscow state, and individual duties were used for their intended purpose for the construction and maintenance of transport routes. Such development of state industries and institutions required the improvement of legal regulation, which actively began to develop in the XVII-th century. The current paper has analyzed some legal sources that governed the taxation and operation of transport lines. Much attention has been paid to the analysis of the Sobornoye Ulozheniye (Code) of 1649; its Art. 9 contained legal norms on collecting road duties and ensuring road safety and improvement of roads. Paying much attention to road duties, the chapter regulated the maintenance of roads, bridges and freights, thereby emphasizing the direct connection between the improvement of roads and road duties.

Статья целиком →

Yury Iv. Petrov. The development of land routes and transport legislation in Russia in the second quarter of the XIX-th century

UDK: 656(091)

Yury Iv. Petrov - Candidate of History, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. Based on an analysis of the legal acts adopted by the Emperor Nicholas I, the current paper has examined the measures for the arrangement and maintenance of roads in the country, in accordance with their significance and sources of funding. The subjects of the study are the norms of Russian transport law. The purpose of the study is to identify the main parameters of the transformations that contributed to the improvement of transport legislation.

The paper has shown that the activities in a transport made by Nicholas I were due to the preceded the transport reform made his father Alexander I, during which there were set up a new governing body of the transport industry, a specialized organization and an educational institution. But these measures, due to the limited financial resources in the country, allowed implementing the planned projects only in the field of water communications. It was not possible to pay serious attention to land roads. The active road construction was launched only at the reign of Nicholas I. The paper has emphasized the role of the legal basis of government activities, the quality of which significantly improved with M. M. Speransky’s participation in codification of legal acts.

Статья целиком →

Yury V. Kosolapov, Anna Al. Sivova. Special railway transport for transportation of offenders in Russia in the 1950-1980s

UDK: 348.3

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

Anna Al. Sivova - Candidate of Philological Sciences, leading researcher of Research Institute of the Federal Penitentiary Service of Russia

Abstract. In the second half of the XIX-th century the railways revolutionized not only in economics and in military affairs, but also in prisoners’ escort. It was then that a special railway transport appeared to transport offenders in Russia. It improved from cars for prisoners’ transportation of the late XIX-th century - the beginning of the 20th century, which were referred to by the people in different historical periods as "arvagon", "krasnukha", "teplushka", "stolypinskaya", to the wagons of the new generation. The crucial changes in the technical equipment of special cars/wagons occurred in the 1950-1980s.

Статья целиком →

Yury Iv. Petrov. Development of transport routes and legislation under the reign of Catherine II

UDK: 340.14

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. The paper deals with the government measures of Catherine II, aimed at developing land and waterways in Russia, as the empress’s understanding of the transport industry role in the development of trade, industry and the entire economy. Practical steps in the transport business were connected with new personnel appointments and giving broad authority to the industry-leading department of the State Road Construction Office. The paper presents the provisions of the Charter with the goals of the Office, as well as the report of the new head of the Road department with a detailed analysis of the state roads construction and repairing technologies through the years, and considerations about the further construction and repair of roads and bridges. The paper shows the importance that the Empress gave to the waterways. She paid great attention to the construction and operation of canals. The Empress's special care was the Vyshnevolotskaya water system, to which she paid close attention and which she personally visited many times. For a long time, the lack of a legal base was a serious obstacle to the trade of Russian merchants through waterways. The analysis of the Merchant Shipping Charter of 1781 has shown how many controversial issues were solved with its introduction, which rights and obligations of ship owners, their employers and employees were determined, which finally led to the expansion of trade relations in the country and outside.

Статья целиком →

Yuriy A. Tarasenko. Legal transportation design according to the Merchant Shipping Charter of 1781

UDK: 656(09)

Yuriy A. Tarasenko - Candidate of Law, senior lecturer of the department of civil law, international private law and civil procedure, Law Institute, Russian University of Transport

Abstract. The contract of sea (river) freight transportation is closely related to the development of trade. Russia (Rus’) was originally formed as a land power state, which had very limited access to the sea. As a result, such an important instrument of trade as maritime transport was legally formed only at the end of the XVIII century, and was associated with the adoption of the Merchant Shipping Charter of 1781. Sea transportation was carried out on the basis of the contract. However, the legal regulation of this agreement in the Charter was extremely inconsistent and unclear. In Russia of that period, there were a few legal institutions necessary for the practical implementation of activities for the commercial freight transportation by sea. Sea transportation is a complex set of legal and actual actions that require regulations. The article has made an attempt to analyze the legal relations arising from the conclusion of the contract of freight transportation by sea and find out its features.

Статья целиком →

Viktoriya V. Zakharova. Railway as an instrument of geopolitics

UDK: 656.2

Viktoriya V. Zakharova - Candidate of Historical Sciences, associate professor of the department of theory of law, history of law and international law, Law Institute, Russian University of Transport

Abstract. Railway construction in key areas has always been of particular importance and could easily become a system-forming factor for the further development of the region. The role of the most important highways is difficult to overestimate, because they influenced on natural environment, technical progress, development of engineering thought, social transformation, international trade, city formation, socio-cultural processes, changes in the labor market, political processes at the regional and global levels. That is why the study of the complex, system-forming effect of railway construction on other areas of society’s life remains relevant today [1, p. 66-72]. The article deals with the complex impact of railway construction on all spheres of social development, analyzes the influence of geopolitical interests on the railway development in the conditions of the global economy in the XIX — XX centuries, discusses the conditions for the construction of the Chinese Eastern Railway (CERW) and the problems arose before its designers and builders.

Статья целиком →

Yury Iv. Petrov. Historiography of the railway legislation of Russia in the late XIX-th — early XX-th centuries

UDK: 94(47):656.2

Yury Iv. Petrov - Candidate of History, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’, Law Institute, Russian University of Transport (MIIT)

Abstract. The article provides an analysis of the works of scholars and public figures of the late XIX-th - early XX-th centuries, who investigated various aspects of the railway business. The authors consider the issues that were acute in the transport industry at the period of their direct practical activity when there was active railway construction and operation. These works are still relevant nowadays and, of course, are of great scientific interest. The work of A. A. Golovachov, considered in the article, does not contain an analysis of the railway legislation, but his critical assessment of government activity in this area influenced on the formation of the legal framework of the railway business. The work of S. Yu. Vitte made a significant contribution to the development of the theory of tariffs, and then its practical implementation. In his work he managed not only to show the importance of the tariffs for the state, but also to convincingly prove this. The work of I. M. Rabinovich gave a critical analysis of the General Statute of the railways. It provided a systematization, criticism and legal explanation of the conditions of transportation and tariff rules on the Russian railways. In his three-volume work based on the study of numerous archival documents N. A. Kislinsky was able to show the role of the Committee of Ministers as an executor of the state railway policy.

Статья целиком →

Tarasenko Yuriy A. The contract features of goods transportation according to Naval Charter of 1720 (the Charter of single-stickers)

UDK: 347.463:94(47)

Tarasenko Yuriy A. - candidate of Law, senior lecturer of the department "Civil law, International private law and Civil procedure", Law Institute, Russian University of Transport (MIIT)

Abstract. Until the beginning of the XVIII century, the problems connected with carriage of goods were solved by the customary law, or were fragmentary mentioned in some treaties of North-West Russia with the Hanseatic League. Naval Charter (the Charter of single-stickers) adopted in 1720 began nationwide legal regulation of the activities of sea-carriers and traders-owners of cargo. It was the first time when the rights and obligations of the parties were determined, the issues of distribution of responsibility for cargo loss or damage during transportation were regulated. The paper attempts to provide legal qualification of the contract between the carrier and the owner of the goods, to determine its essential conditions. The conducted analysis of the Charter provisions allows us to conclude that the matter of the agreement was not only cargo shipping. The treaty was of a mixed character; the duty of the carrier was not only to carry out the transportation, but also to load the goods. But the most important thing is that since the introduction of the Naval Charter (Charter of single-stickers) Russia has made a transition to the carriers’ professional responsibility in carrying out their cargo shipping activities.

Статья целиком →

Petrov Yury Iv. Legal regulation of roads in Russia during the reign of Anna Ioannovna

UDK: 656(091):94(47)

Petrov Yury Iv. - candidate of History, docent, associate professor of the department "Customs Law and Organization of the Customs Affairs", Law Institute, Russian University of Transport (MIIT)

Abstract. The article considers the legal aspects, adopted during the reign of Anna Ioannovna, the aim of which was to improve land roads in Russia. The analysis of few decrees shows the governmental efforts to build roads, to improve local and general management in this field, to take care of merchants and people, involved into road building.

Статья целиком →