UDK: 342.51

Yuliya V. Ryzhova - The history of the establishment and activities of the transport police in the Russian Empire

Abstract. The historical experience of railways’ functioning in the Russian Empire and their protection is of particular interest nowadays. At the same time, the experience of transport police functioning, which was established in 1867 and existed until 1917, remains little studied. The current paper has considered the stages of evolution of the transport police activities in the Russian Empire on the example of the largest formations of the Separate Corps of Gendarmes, i.e. the gendarmerie police departments of railways, formed in the second half of the XIX-th century. Being formed in difficult domestic political conditions, the gendarmerie police departments of the railways played a significant role in the police system for enforcing the internal security of the Russian Empire. The establishment of specialized gendarmerie formations made it possible to provide all the necessary types of protection on the railways. The paper has focused on the fact that, being, in fact, the political police, the gendarmerie police departments of the railways also performed a number of special functions assigned to them. The general principles of the activities of these departments were as follows: strict centralization, clear organization and interaction with a number of central state institutions of the Russian Empire. The paper has considered the main activities of the gendarmerie police departments of railways related to enforcing transport security in the Russian Empire.

UDK: 347.463:62

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport

Abstract. At the end of the XIX-th century, in the early years of the formation of the Moscow Engineering School (now the Russian University of Transport) with the participation of the Ministry of Railways, legal science (jurisprudence) was included in the process of training engineers. The jurisprudence formed on the basis of theoretical legal science became the subject of attention of the Ministry of Railways. In 1899, for the Moscow Engineering School, the department developed and approved a special program for teaching legal sciences to students. The program and the course of jurisprudence prepared turned out to be unique in its content and structure. Thinking transport workers felt the engineer’s need for legal knowledge as a legal source of information. The engineer, in addition to special knowledge and skills, was required to be a highly cultured person, to know and understand the legal mechanisms of the railways structure and operation, to stand firmly on legal principles in his professional activities. The evaluation of the program and the course of jurisprudence, compared with the study of law today, made it possible to make conclusions about the directions for the formation of the legal knowledge of engineers, whose training is carried out at the Russian University of Transport. The purpose of the current study was to obtain information about the place of legal knowledge in the structure of engineering knowledge, formed at the early stage of setting up the Moscow Engineering School. The content of legal knowledge can become a source of information for the development of concepts of legal influence on the development of engineering knowledge at the Russian University of Transport at the present. The methodology of the research was made by the scientific methods of cognition of the information about the ways of setting up a new transport university; about the methods of forming the engineering knowledge structure; about the methods of determining the content of legal knowledge in the engineering knowledge structure. Methods for identifying, evaluating, analyzing, comparing, verifying information about training of engineers in the XIX-th century accompanied the accumulation of knowledge and the formulation of the conclusions set forth in the paper. The method of comparing the obtained data with knowledge, confirmed by the rich research experience of the author, has developed the conditions for reasonable conclusions on the current study.

UDK: 342.56(091)

Valeriy K. Tsechoev - Doctor of Law, professor of the faculty of economics, management and law of the Rostov state transport university (RSTU)

Abstract. The current paper has considered the improvement of the work and reform of the Soviet courts, militia, including transport, justice, in the 1953-1960s. Attention has been focused on the organizational and legal foundations of the Soviet law enforcement system in connection with changes in the judicial system and in the bodies and institutions of justice.

UDK: 656.2

Sergey V. Sekushin - Deputy CEO of the Joint-Stock Company “Institute of Transport Economics and Development”

Abstract. The current paper has article provided a retrospective historical analysis of public relations governing the ownership of railways in Russia and abroad. There has been made a comparative review of the entire spectrum of possible legal regimes for the use of public railway infrastructure facilities in modern Russia (using the examples of JSC “Russian Railways”, Joint Stock Company “Railways of Yakutia”, “Yamal Railway Company”, etc.), including projects of new lines developed on the basis of public-private partnership.

UDK: 347.463

Yuriy Al. Tarasenko - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. The relations on the cargo (goods) transportation originated in ancient Russia. However, the transportation of this period was characterized by the fact that the owner of the cargo was at the same time the carrier. As a result, the rules governing transportation as a separate type of obligation were not formed. This situation was maintained throughout the entire specific period of Russia (XII ― XIV centuries) and the Moscow centralized state (XV ― XVII centuries). At that time the norms of the law did not concern transportation issues. For the first time, legal regulation of transportation, as a relationship between the owner of the cargo and the owner of the ship, appeared in the 18th century. Having no domestic origins, the normative regulation of transportation was entirely borrowed from abroad. The model for Russian acts in the field of transportation was at first the norms of Dutch and partly German legislation, and later French. This situation continued until the first half of the 19th century, when the Commercial Charter was adopted, which contained the starting points of transportation and the charters of the first companies engaged in transportation.

UDK: 656.2:94(47)

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. Based on the analysis of legal acts adopted during the reign of Emperors Paul I and Alexander I, the current paper has traced the course of measures aimed at transforming the transport industry at the end of the 18th - first quarter of the 19th century. The analysis has shown that the serious steps of the governing of Alexander I were preceded by the measures of his father Paul I, which created the preconditions for improving transport legislation, which raised the transport industry to a new level that it had never reached before. The paper has considered the legal acts that formed the basis for the development of such new institutions as the Office of Water and Land Communications, the Corps of Railway Engineers and the educational institution of the Institute of the Corps of Railway Engineers, which solved serious practical matters, primarily in the field of sea communication routes.

UDK: 347.4(075.32)

Nikolay Al. Dukhno - Doctor of Law, professor, advisor to the administration of the Russian University of Transport

Viktoriya N. Samokhina - assistant of the advisor to the administration of the Russian University of Transport

Abstract. The study of the development of transport universities contributes to the restoration of a complete and comprehensive picture of the development of transport education as the main means of educating transport workers. When getting acquainted with the origins of establishing the Moscow Engineering School, the first predecessor on the long and eventful path of the formation of the Russian University of Transport, there have emerged a lot of new facts. The establishment of the Moscow Engineering School in 1896 marked the beginning of the crystallization of a new methodology for training engineers. The great scientist and teacher Nikolai Pavlovich Petrov became the founder, scientific ideologist of this method of training railway engineers. His ideas, deeply imbued with scientific thought, became the basis of a new methodology for teaching future engineers that had not been used in Russian universities before. He also prepared a training program for engineers. The new methodology included enhanced theoretical teaching while reducing classroom time; determination of criteria indicating how much and what theory should be included in the educational process for the formation of engineering knowledge; requirements for teachers of engineering sciences; identifying ways of practical training in the training of engineers. N.P. Petrov became an ideologist, the founder of the concept of establishing a new transport university. The study of the scientific heritage of N.P. Petrov should be included in the educational process of training transport engineers, developing in everyone the ability for engineering thinking and interest in engineering knowledge.

UDK: 343.985

Oleg An. Chaptykov - lecturer at the department of training police officers in the field of transport security, Center for training police officers for public order protection of the All-Russian Institute for advanced training of police officers of the Ministry of Internal Affairs of the Russian Federation

Aleksandr N. Kharitonov - Doctor of Law, professor of the department of training police officers in the field of transport security, Center for training police officers for public order protection of the All-Russian Institute for advanced training of police officers of the Ministry of Internal Affairs of the Russian Federation

Oleg V. Mokhovikov - head of the department of training police officers in the field of transport security, Center for training police officers for public order protection of the All-Russian Institute for advanced training of police officers of the Ministry of Internal Affairs of the Russian Federation

Abstract. The current paper has considered the history of the formation of criminal investigation units of the railway police in Russia until October 1917. The activities to counteract terrorist threats during the period of revolutionary upheavals had a significant impact on the formation and development of operational units of the railway police. The scientific research in the law enforcement practices of the transport police is of great relevance, since the operational search units of linear bodies enforce law and order and the safety of material values in special conditions of the railway transport functioning. There has been examined the place and significance of the operational units of the transport police for detecting and solving crimes at present time.

UDK: 94(47)+378(091)

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 made attempts to show the contribution to the technical education development, made by Nikolai Pavlovich Petrov, the main ideologist of the establishment of a new educational institution in the Ministry of Railways and the author of the project of the Moscow Engineering School. There have been considered the theoretical views on the system of engineering education in Russia. There have been shown the drawbacks of the higher technical school, the main of which was the discrepancy between the number and volume of subjects intended for compulsory study. There have been considered the types of technical schools, the use of which was associated with the goals of specialists’ training. There have been given the Petrov’s requirements to the teaching staff of technical universities, their professional qualities, participation in research work. The paper has determined the significance of the theory for future engineers, attributed by Petrov to the fact that the empirical stage was over and the growing industrialization required a new qualitative technique and technology that directly depended on the theory.

UDK: 656.2

Eketerina An. Volkova - chief specialist of the Legal Protection and Project Support Department of the Legal department of the JSC ‘Federal Passenger Company’, post graduate of the Institute of legislation and Comparative Law under the government of the Russian Federation

Abstract. On the example of the development of the railway industry, the current paper has considered such a feature of strategic joint-stock companies (being the subjects of administrative law), as a special historical development. Strategic joint stock companies are leaders in the most important sectors of the country's economy, actively participating in state and public life. A stable current legal relationship with the state, as a general rule, is a consequence of functioning as a part of the state mechanism in the past. The example of railway transport clearly illustrates the process of the emergence of a new economic sector and constant control over it by the state apparatus, the transition for a long period from the initial use of private capital to state ownership and direct state administration, the subsequent transformation of a large mechanism of public administration into a strategic joint-stock company. The establishment of a federal executive body, as well as the high importance for ensuring the country’s well-being and security, predetermine the desire to maintain control over decision-making by a strategic joint-stock company. Such a transformation of a large state structure into the organizational and legal form of a commercial organization is due to the development of a market economy and the necessity to free the executive authorities from their unusual functionality. At the same time, strategic joint stock companies remain actually embedded in the system of state administration and take part in the exercise of powers by public authorities.